Amendment
Bill No. HB 7207
Amendment No. 331967
CHAMBER ACTION
Senate House
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1The Conference Committee on HB 7207 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (26) of section 70.51, Florida
6Statutes, is amended to read:
7     70.51  Land use and environmental dispute resolution.-
8     (26)  A special magistrate's recommendation under this
9section constitutes data in support of, and a support document
10for, a comprehensive plan or comprehensive plan amendment, but
11is not, in and of itself, dispositive of a determination of
12compliance with chapter 163. Any comprehensive plan amendment
13necessary to carry out the approved recommendation of a special
14magistrate under this section is exempt from the twice-a-year
15limit on plan amendments and may be adopted by the local
16government amendments in s. 163.3184(16)(d).
17     Section 2.  Paragraphs (h) through (l) of subsection (3) of
18section 163.06, Florida Statutes, are redesignated as paragraphs
19(g) through (k), respectively, and present paragraph (g) of that
20subsection is amended to read:
21     163.06  Miami River Commission.-
22     (3)  The policy committee shall have the following powers
23and duties:
24     (g)  Coordinate a joint planning area agreement between the
25Department of Community Affairs, the city, and the county under
26the provisions of s. 163.3177(11)(a), (b), and (c).
27     Section 3.  Subsection (4) of section 163.2517, Florida
28Statutes, is amended to read:
29     163.2517  Designation of urban infill and redevelopment
30area.-
31     (4)  In order for a local government to designate an urban
32infill and redevelopment area, it must amend its comprehensive
33land use plan under s. 163.3187 to delineate the boundaries of
34the urban infill and redevelopment area within the future land
35use element of its comprehensive plan pursuant to its adopted
36urban infill and redevelopment plan. The state land planning
37agency shall review the boundary delineation of the urban infill
38and redevelopment area in the future land use element under s.
39163.3184. However, an urban infill and redevelopment plan
40adopted by a local government is not subject to review for
41compliance as defined by s. 163.3184(1)(b), and the local
42government is not required to adopt the plan as a comprehensive
43plan amendment. An amendment to the local comprehensive plan to
44designate an urban infill and redevelopment area is exempt from
45the twice-a-year amendment limitation of s. 163.3187.
46     Section 4.  Section 163.3161, Florida Statutes, is amended
47to read:
48     163.3161  Short title; intent and purpose.-
49     (1)  This part shall be known and may be cited as the
50"Community Local Government Comprehensive Planning and Land
51Development Regulation Act."
52     (2)  In conformity with, and in furtherance of, the purpose
53of the Florida Environmental Land and Water Management Act of
541972, chapter 380, It is the purpose of this act to utilize and
55strengthen the existing role, processes, and powers of local
56governments in the establishment and implementation of
57comprehensive planning programs to guide and manage control
58future development consistent with the proper role of local
59government.
60     (3)  It is the intent of this act to focus the state role
61in managing growth under this act to protecting the functions of
62important state resources and facilities.
63     (4)  It is the intent of this act that its adoption is
64necessary so that local governments have the ability to can
65preserve and enhance present advantages; encourage the most
66appropriate use of land, water, and resources, consistent with
67the public interest; overcome present handicaps; and deal
68effectively with future problems that may result from the use
69and development of land within their jurisdictions. Through the
70process of comprehensive planning, it is intended that units of
71local government can preserve, promote, protect, and improve the
72public health, safety, comfort, good order, appearance,
73convenience, law enforcement and fire prevention, and general
74welfare; prevent the overcrowding of land and avoid undue
75concentration of population; facilitate the adequate and
76efficient provision of transportation, water, sewerage, schools,
77parks, recreational facilities, housing, and other requirements
78and services; and conserve, develop, utilize, and protect
79natural resources within their jurisdictions.
80     (5)(4)  It is the intent of this act to encourage and
81ensure assure cooperation between and among municipalities and
82counties and to encourage and ensure assure coordination of
83planning and development activities of units of local government
84with the planning activities of regional agencies and state
85government in accord with applicable provisions of law.
86     (6)(5)  It is the intent of this act that adopted
87comprehensive plans shall have the legal status set out in this
88act and that no public or private development shall be permitted
89except in conformity with comprehensive plans, or elements or
90portions thereof, prepared and adopted in conformity with this
91act.
92     (7)(6)  It is the intent of this act that the activities of
93units of local government in the preparation and adoption of
94comprehensive plans, or elements or portions therefor, shall be
95conducted in conformity with the provisions of this act.
96     (8)(7)  The provisions of this act in their interpretation
97and application are declared to be the minimum requirements
98necessary to accomplish the stated intent, purposes, and
99objectives of this act; to protect human, environmental, social,
100and economic resources; and to maintain, through orderly growth
101and development, the character and stability of present and
102future land use and development in this state.
103     (9)(8)  It is the intent of the Legislature that the repeal
104of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
105of Florida, and amendments to this part by this chapter law,
106shall not be interpreted to limit or restrict the powers of
107municipal or county officials, but shall be interpreted as a
108recognition of their broad statutory and constitutional powers
109to plan for and regulate the use of land. It is, further, the
110intent of the Legislature to reconfirm that ss. 163.3161-
111163.3248 163.3161 through 163.3215 have provided and do provide
112the necessary statutory direction and basis for municipal and
113county officials to carry out their comprehensive planning and
114land development regulation powers, duties, and
115responsibilities.
116     (10)(9)  It is the intent of the Legislature that all
117governmental entities in this state recognize and respect
118judicially acknowledged or constitutionally protected private
119property rights. It is the intent of the Legislature that all
120rules, ordinances, regulations, comprehensive plans and
121amendments thereto, and programs adopted under the authority of
122this act must be developed, promulgated, implemented, and
123applied with sensitivity for private property rights and not be
124unduly restrictive, and property owners must be free from
125actions by others which would harm their property or which would
126constitute an inordinate burden on property rights as those
127terms are defined in s. 70.001(3)(e) and (f). Full and just
128compensation or other appropriate relief must be provided to any
129property owner for a governmental action that is determined to
130be an invalid exercise of the police power which constitutes a
131taking, as provided by law. Any such relief must ultimately be
132determined in a judicial action.
133     (11)  It is the intent of this part that the traditional
134economic base of this state, agriculture, tourism, and military
135presence, be recognized and protected. Further, it is the intent
136of this part to encourage economic diversification, workforce
137development, and community planning.
138     (12)  It is the intent of this part that new statutory
139requirements created by the Legislature will not require a local
140government whose plan has been found to be in compliance with
141this part to adopt amendments implementing the new statutory
142requirements until the evaluation and appraisal period provided
143in s. 163.3191, unless otherwise specified in law. However, any
144new amendments must comply with the requirements of this part.
145     Section 5.  Subsections (2) through (5) of section
146163.3162, Florida Statutes, are renumbered as subsections (1)
147through (4), respectively, and present subsections (1) and (5)
148of that section are amended to read:
149     163.3162  Agricultural Lands and Practices Act.-
150     (1)  SHORT TITLE.-This section may be cited as the
151"Agricultural Lands and Practices Act."
152     (4)(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.-
153The owner of a parcel of land defined as an agricultural enclave
154under s. 163.3164(33) may apply for an amendment to the local
155government comprehensive plan pursuant to s. 163.3184 163.3187.
156Such amendment is presumed not to be urban sprawl as defined in
157s. 163.3164 if it includes consistent with rule 9J-5.006(5),
158Florida Administrative Code, and may include land uses and
159intensities of use that are consistent with the uses and
160intensities of use of the industrial, commercial, or residential
161areas that surround the parcel. This presumption may be rebutted
162by clear and convincing evidence. Each application for a
163comprehensive plan amendment under this subsection for a parcel
164larger than 640 acres must include appropriate new urbanism
165concepts such as clustering, mixed-use development, the creation
166of rural village and city centers, and the transfer of
167development rights in order to discourage urban sprawl while
168protecting landowner rights.
169     (a)  The local government and the owner of a parcel of land
170that is the subject of an application for an amendment shall
171have 180 days following the date that the local government
172receives a complete application to negotiate in good faith to
173reach consensus on the land uses and intensities of use that are
174consistent with the uses and intensities of use of the
175industrial, commercial, or residential areas that surround the
176parcel. Within 30 days after the local government's receipt of
177such an application, the local government and owner must agree
178in writing to a schedule for information submittal, public
179hearings, negotiations, and final action on the amendment, which
180schedule may thereafter be altered only with the written consent
181of the local government and the owner. Compliance with the
182schedule in the written agreement constitutes good faith
183negotiations for purposes of paragraph (c).
184     (b)  Upon conclusion of good faith negotiations under
185paragraph (a), regardless of whether the local government and
186owner reach consensus on the land uses and intensities of use
187that are consistent with the uses and intensities of use of the
188industrial, commercial, or residential areas that surround the
189parcel, the amendment must be transmitted to the state land
190planning agency for review pursuant to s. 163.3184. If the local
191government fails to transmit the amendment within 180 days after
192receipt of a complete application, the amendment must be
193immediately transferred to the state land planning agency for
194such review at the first available transmittal cycle. A plan
195amendment transmitted to the state land planning agency
196submitted under this subsection is presumed not to be urban
197sprawl as defined in s. 163.3164 consistent with rule 9J-
1985.006(5), Florida Administrative Code. This presumption may be
199rebutted by clear and convincing evidence.
200     (c)  If the owner fails to negotiate in good faith, a plan
201amendment submitted under this subsection is not entitled to the
202rebuttable presumption under this subsection in the negotiation
203and amendment process.
204     (d)  Nothing within this subsection relating to
205agricultural enclaves shall preempt or replace any protection
206currently existing for any property located within the
207boundaries of the following areas:
208     1.  The Wekiva Study Area, as described in s. 369.316; or
209     2.  The Everglades Protection Area, as defined in s.
210373.4592(2).
211     Section 6.  Section 163.3164, Florida Statutes, is amended
212to read:
213     163.3164  Community Local Government Comprehensive Planning
214and Land Development Regulation Act; definitions.-As used in
215this act:
216     (1)  "Adaptation action area" or "adaptation area" means a
217designation in the coastal management element of a local
218government's comprehensive plan which identifies one or more
219areas that experience coastal flooding due to extreme high tides
220and storm surge, and that are vulnerable to the related impacts
221of rising sea levels for the purpose of prioritizing funding for
222infrastructure needs and adaptation planning.
223     (2)  "Administration Commission" means the Governor and the
224Cabinet, and for purposes of this chapter the commission shall
225act on a simple majority vote, except that for purposes of
226imposing the sanctions provided in s. 163.3184(8)(11),
227affirmative action shall require the approval of the Governor
228and at least three other members of the commission.
229     (3)  "Affordable housing" has the same meaning as in s.
230420.0004(3).
231     (4)(33)  "Agricultural enclave" means an unincorporated,
232undeveloped parcel that:
233     (a)  Is owned by a single person or entity;
234     (b)  Has been in continuous use for bona fide agricultural
235purposes, as defined by s. 193.461, for a period of 5 years
236prior to the date of any comprehensive plan amendment
237application;
238     (c)  Is surrounded on at least 75 percent of its perimeter
239by:
240     1.  Property that has existing industrial, commercial, or
241residential development; or
242     2.  Property that the local government has designated, in
243the local government's comprehensive plan, zoning map, and
244future land use map, as land that is to be developed for
245industrial, commercial, or residential purposes, and at least 75
246percent of such property is existing industrial, commercial, or
247residential development;
248     (d)  Has public services, including water, wastewater,
249transportation, schools, and recreation facilities, available or
250such public services are scheduled in the capital improvement
251element to be provided by the local government or can be
252provided by an alternative provider of local government
253infrastructure in order to ensure consistency with applicable
254concurrency provisions of s. 163.3180; and
255     (e)  Does not exceed 1,280 acres; however, if the property
256is surrounded by existing or authorized residential development
257that will result in a density at buildout of at least 1,000
258residents per square mile, then the area shall be determined to
259be urban and the parcel may not exceed 4,480 acres.
260     (5)  "Antiquated subdivision" means a subdivision that was
261recorded or approved more than 20 years ago and that has
262substantially failed to be built and the continued buildout of
263the subdivision in accordance with the subdivision's zoning and
264land use purposes would cause an imbalance of land uses and
265would be detrimental to the local and regional economies and
266environment, hinder current planning practices, and lead to
267inefficient and fiscally irresponsible development patterns as
268determined by the respective jurisdiction in which the
269subdivision is located.
270     (6)(2)  "Area" or "area of jurisdiction" means the total
271area qualifying under the provisions of this act, whether this
272be all of the lands lying within the limits of an incorporated
273municipality, lands in and adjacent to incorporated
274municipalities, all unincorporated lands within a county, or
275areas comprising combinations of the lands in incorporated
276municipalities and unincorporated areas of counties.
277     (7)  "Capital improvement" means physical assets
278constructed or purchased to provide, improve, or replace a
279public facility and which are typically large scale and high in
280cost. The cost of a capital improvement is generally
281nonrecurring and may require multiyear financing. For the
282purposes of this part, physical assets that have been identified
283as existing or projected needs in the individual comprehensive
284plan elements shall be considered capital improvements.
285     (8)(3)  "Coastal area" means the 35 coastal counties and
286all coastal municipalities within their boundaries designated
287coastal by the state land planning agency.
288     (9)  "Compatibility" means a condition in which land uses
289or conditions can coexist in relative proximity to each other in
290a stable fashion over time such that no use or condition is
291unduly negatively impacted directly or indirectly by another use
292or condition.
293     (10)(4)  "Comprehensive plan" means a plan that meets the
294requirements of ss. 163.3177 and 163.3178.
295     (11)  "Deepwater ports" means the ports identified in s.
296403.021(9).
297     (12)  "Density" means an objective measurement of the
298number of people or residential units allowed per unit of land,
299such as residents or employees per acre.
300     (13)(5)  "Developer" means any person, including a
301governmental agency, undertaking any development as defined in
302this act.
303     (14)(6)  "Development" has the same meaning as given it in
304s. 380.04.
305     (15)(7)  "Development order" means any order granting,
306denying, or granting with conditions an application for a
307development permit.
308     (16)(8)  "Development permit" includes any building permit,
309zoning permit, subdivision approval, rezoning, certification,
310special exception, variance, or any other official action of
311local government having the effect of permitting the development
312of land.
313     (17)(25)  "Downtown revitalization" means the physical and
314economic renewal of a central business district of a community
315as designated by local government, and includes both downtown
316development and redevelopment.
317     (18)  "Floodprone areas" means areas inundated during a
318100-year flood event or areas identified by the National Flood
319Insurance Program as an A Zone on flood insurance rate maps or
320flood hazard boundary maps.
321     (19)  "Goal" means the long-term end toward which programs
322or activities are ultimately directed.
323     (20)(9)  "Governing body" means the board of county
324commissioners of a county, the commission or council of an
325incorporated municipality, or any other chief governing body of
326a unit of local government, however designated, or the
327combination of such bodies where joint utilization of the
328provisions of this act is accomplished as provided herein.
329     (21)(10)  "Governmental agency" means:
330     (a)  The United States or any department, commission,
331agency, or other instrumentality thereof.
332     (b)  This state or any department, commission, agency, or
333other instrumentality thereof.
334     (c)  Any local government, as defined in this section, or
335any department, commission, agency, or other instrumentality
336thereof.
337     (d)  Any school board or other special district, authority,
338or governmental entity.
339     (22)  "Intensity" means an objective measurement of the
340extent to which land may be developed or used, including the
341consumption or use of the space above, on, or below ground; the
342measurement of the use of or demand on natural resources; and
343the measurement of the use of or demand on facilities and
344services.
345     (23)  "Internal trip capture" means trips generated by a
346mixed-use project that travel from one on-site land use to
347another on-site land use without using the external road
348network.
349     (24)(11)  "Land" means the earth, water, and air, above,
350below, or on the surface, and includes any improvements or
351structures customarily regarded as land.
352     (25)(22)  "Land development regulation commission" means a
353commission designated by a local government to develop and
354recommend, to the local governing body, land development
355regulations which implement the adopted comprehensive plan and
356to review land development regulations, or amendments thereto,
357for consistency with the adopted plan and report to the
358governing body regarding its findings. The responsibilities of
359the land development regulation commission may be performed by
360the local planning agency.
361     (26)(23)  "Land development regulations" means ordinances
362enacted by governing bodies for the regulation of any aspect of
363development and includes any local government zoning, rezoning,
364subdivision, building construction, or sign regulations or any
365other regulations controlling the development of land, except
366that this definition does shall not apply in s. 163.3213.
367     (27)(12)  "Land use" means the development that has
368occurred on the land, the development that is proposed by a
369developer on the land, or the use that is permitted or
370permissible on the land under an adopted comprehensive plan or
371element or portion thereof, land development regulations, or a
372land development code, as the context may indicate.
373     (28)  "Level of service" means an indicator of the extent
374or degree of service provided by, or proposed to be provided by,
375a facility based on and related to the operational
376characteristics of the facility. Level of service shall indicate
377the capacity per unit of demand for each public facility.
378     (29)(13)  "Local government" means any county or
379municipality.
380     (30)(14)  "Local planning agency" means the agency
381designated to prepare the comprehensive plan or plan amendments
382required by this act.
383     (31)(15)  A "Newspaper of general circulation" means a
384newspaper published at least on a weekly basis and printed in
385the language most commonly spoken in the area within which it
386circulates, but does not include a newspaper intended primarily
387for members of a particular professional or occupational group,
388a newspaper whose primary function is to carry legal notices, or
389a newspaper that is given away primarily to distribute
390advertising.
391     (32)  "New town" means an urban activity center and
392community designated on the future land use map of sufficient
393size, population and land use composition to support a variety
394of economic and social activities consistent with an urban area
395designation. New towns shall include basic economic activities;
396all major land use categories, with the possible exception of
397agricultural and industrial; and a centrally provided full range
398of public facilities and services that demonstrate internal trip
399capture. A new town shall be based on a master development plan.
400     (33)  "Objective" means a specific, measurable,
401intermediate end that is achievable and marks progress toward a
402goal.
403     (34)(16)  "Parcel of land" means any quantity of land
404capable of being described with such definiteness that its
405locations and boundaries may be established, which is designated
406by its owner or developer as land to be used, or developed as, a
407unit or which has been used or developed as a unit.
408     (35)(17)  "Person" means an individual, corporation,
409governmental agency, business trust, estate, trust, partnership,
410association, two or more persons having a joint or common
411interest, or any other legal entity.
412     (36)  "Policy" means the way in which programs and
413activities are conducted to achieve an identified goal.
414     (37)(28)  "Projects that promote public transportation"
415means projects that directly affect the provisions of public
416transit, including transit terminals, transit lines and routes,
417separate lanes for the exclusive use of public transit services,
418transit stops (shelters and stations), office buildings or
419projects that include fixed-rail or transit terminals as part of
420the building, and projects which are transit oriented and
421designed to complement reasonably proximate planned or existing
422public facilities.
423     (38)(24)  "Public facilities" means major capital
424improvements, including, but not limited to, transportation,
425sanitary sewer, solid waste, drainage, potable water,
426educational, parks and recreational, and health systems and
427facilities, and spoil disposal sites for maintenance dredging
428located in the intracoastal waterways, except for spoil disposal
429sites owned or used by ports listed in s. 403.021(9)(b).
430     (39)(18)  "Public notice" means notice as required by s.
431125.66(2) for a county or by s. 166.041(3)(a) for a
432municipality. The public notice procedures required in this part
433are established as minimum public notice procedures.
434     (40)(19)  "Regional planning agency" means the council
435created pursuant to chapter 186 agency designated by the state
436land planning agency to exercise responsibilities under law in a
437particular region of the state.
438     (41)  "Seasonal population" means part-time inhabitants who
439use, or may be expected to use, public facilities or services,
440but are not residents and includes tourists, migrant
441farmworkers, and other short-term and long-term visitors.
442     (42)(31)  "Optional Sector plan" means the an optional
443process authorized by s. 163.3245 in which one or more local
444governments engage in long-term planning for a large area and by
445agreement with the state land planning agency are allowed to
446address regional development-of-regional-impact issues through
447adoption of detailed specific area plans within the planning
448area within certain designated geographic areas identified in
449the local comprehensive plan as a means of fostering innovative
450planning and development strategies in s. 163.3177(11)(a) and
451(b), furthering the purposes of this part and part I of chapter
452380, reducing overlapping data and analysis requirements,
453protecting regionally significant resources and facilities, and
454addressing extrajurisdictional impacts. The term includes an
455optional sector plan that was adopted before the effective date
456of this act.
457     (43)(20)  "State land planning agency" means the Department
458of Community Affairs.
459     (44)(21)  "Structure" has the same meaning as in given it
460by s. 380.031(19).
461     (45)  "Suitability" means the degree to which the existing
462characteristics and limitations of land and water are compatible
463with a proposed use or development.
464     (46)  "Transit-oriented development" means a project or
465projects, in areas identified in a local government
466comprehensive plan, that is or will be served by existing or
467planned transit service. These designated areas shall be
468compact, moderate to high density developments, of mixed-use
469character, interconnected with other land uses, bicycle and
470pedestrian friendly, and designed to support frequent transit
471service operating through, collectively or separately, rail,
472fixed guideway, streetcar, or bus systems on dedicated
473facilities or available roadway connections.
474     (47)(30)  "Transportation corridor management" means the
475coordination of the planning of designated future transportation
476corridors with land use planning within and adjacent to the
477corridor to promote orderly growth, to meet the concurrency
478requirements of this chapter, and to maintain the integrity of
479the corridor for transportation purposes.
480     (48)(27)  "Urban infill" means the development of vacant
481parcels in otherwise built-up areas where public facilities such
482as sewer systems, roads, schools, and recreation areas are
483already in place and the average residential density is at least
484five dwelling units per acre, the average nonresidential
485intensity is at least a floor area ratio of 1.0 and vacant,
486developable land does not constitute more than 10 percent of the
487area.
488     (49)(26)  "Urban redevelopment" means demolition and
489reconstruction or substantial renovation of existing buildings
490or infrastructure within urban infill areas, existing urban
491service areas, or community redevelopment areas created pursuant
492to part III.
493     (50)(29)  "Urban service area" means built-up areas
494identified in the comprehensive plan where public facilities and
495services, including, but not limited to, central water and sewer
496capacity and roads, are already in place or are identified in
497the capital improvements element. The term includes any areas
498identified in the comprehensive plan as urban service areas,
499regardless of local government limitation committed in the first
5003 years of the capital improvement schedule. In addition, for
501counties that qualify as dense urban land areas under subsection
502(34), the nonrural area of a county which has adopted into the
503county charter a rural area designation or areas identified in
504the comprehensive plan as urban service areas or urban growth
505boundaries on or before July 1, 2009, are also urban service
506areas under this definition.
507     (51)  "Urban sprawl" means a development pattern
508characterized by low density, automobile-dependent development
509with either a single use or multiple uses that are not
510functionally related, requiring the extension of public
511facilities and services in an inefficient manner, and failing to
512provide a clear separation between urban and rural uses.
513     (32)  "Financial feasibility" means that sufficient
514revenues are currently available or will be available from
515committed funding sources for the first 3 years, or will be
516available from committed or planned funding sources for years 4
517and 5, of a 5-year capital improvement schedule for financing
518capital improvements, such as ad valorem taxes, bonds, state and
519federal funds, tax revenues, impact fees, and developer
520contributions, which are adequate to fund the projected costs of
521the capital improvements identified in the comprehensive plan
522necessary to ensure that adopted level-of-service standards are
523achieved and maintained within the period covered by the 5-year
524schedule of capital improvements. A comprehensive plan shall be
525deemed financially feasible for transportation and school
526facilities throughout the planning period addressed by the
527capital improvements schedule if it can be demonstrated that the
528level-of-service standards will be achieved and maintained by
529the end of the planning period even if in a particular year such
530improvements are not concurrent as required by s. 163.3180.
531     (34)  "Dense urban land area" means:
532     (a)  A municipality that has an average of at least 1,000
533people per square mile of land area and a minimum total
534population of at least 5,000;
535     (b)  A county, including the municipalities located
536therein, which has an average of at least 1,000 people per
537square mile of land area; or
538     (c)  A county, including the municipalities located
539therein, which has a population of at least 1 million.
540
541The Office of Economic and Demographic Research within the
542Legislature shall annually calculate the population and density
543criteria needed to determine which jurisdictions qualify as
544dense urban land areas by using the most recent land area data
545from the decennial census conducted by the Bureau of the Census
546of the United States Department of Commerce and the latest
547available population estimates determined pursuant to s.
548186.901. If any local government has had an annexation,
549contraction, or new incorporation, the Office of Economic and
550Demographic Research shall determine the population density
551using the new jurisdictional boundaries as recorded in
552accordance with s. 171.091. The Office of Economic and
553Demographic Research shall submit to the state land planning
554agency a list of jurisdictions that meet the total population
555and density criteria necessary for designation as a dense urban
556land area by July 1, 2009, and every year thereafter. The state
557land planning agency shall publish the list of jurisdictions on
558its Internet website within 7 days after the list is received.
559The designation of jurisdictions that qualify or do not qualify
560as a dense urban land area is effective upon publication on the
561state land planning agency's Internet website.
562     Section 7.  Section 163.3167, Florida Statutes, is amended
563to read:
564     163.3167  Scope of act.-
565     (1)  The several incorporated municipalities and counties
566shall have power and responsibility:
567     (a)  To plan for their future development and growth.
568     (b)  To adopt and amend comprehensive plans, or elements or
569portions thereof, to guide their future development and growth.
570     (c)  To implement adopted or amended comprehensive plans by
571the adoption of appropriate land development regulations or
572elements thereof.
573     (d)  To establish, support, and maintain administrative
574instruments and procedures to carry out the provisions and
575purposes of this act.
576
577The powers and authority set out in this act may be employed by
578municipalities and counties individually or jointly by mutual
579agreement in accord with the provisions of this act and in such
580combinations as their common interests may dictate and require.
581     (2)  Each local government shall maintain prepare a
582comprehensive plan of the type and in the manner set out in this
583part or prepare amendments to its existing comprehensive plan to
584conform it to the requirements of this part and in the manner
585set out in this part. In accordance with s. 163.3184, each local
586government shall submit to the state land planning agency its
587complete proposed comprehensive plan or its complete
588comprehensive plan as proposed to be amended.
589     (3)  When a local government has not prepared all of the
590required elements or has not amended its plan as required by
591subsection (2), the regional planning agency having
592responsibility for the area in which the local government lies
593shall prepare and adopt by rule, pursuant to chapter 120, the
594missing elements or adopt by rule amendments to the existing
595plan in accordance with this act by July 1, 1989, or within 1
596year after the dates specified or provided in subsection (2) and
597the state land planning agency review schedule, whichever is
598later. The regional planning agency shall provide at least 90
599days' written notice to any local government whose plan it is
600required by this subsection to prepare, prior to initiating the
601planning process. At least 90 days before the adoption by the
602regional planning agency of a comprehensive plan, or element or
603portion thereof, pursuant to this subsection, the regional
604planning agency shall transmit a copy of the proposed
605comprehensive plan, or element or portion thereof, to the local
606government and the state land planning agency for written
607comment. The state land planning agency shall review and comment
608on such plan, or element or portion thereof, in accordance with
609s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
610applicable to the regional planning agency as if it were a
611governing body. Existing comprehensive plans shall remain in
612effect until they are amended pursuant to subsection (2), this
613subsection, s. 163.3187, or s. 163.3189.
614     (3)(4)  A municipality established after the effective date
615of this act shall, within 1 year after incorporation, establish
616a local planning agency, pursuant to s. 163.3174, and prepare
617and adopt a comprehensive plan of the type and in the manner set
618out in this act within 3 years after the date of such
619incorporation. A county comprehensive plan shall be deemed
620controlling until the municipality adopts a comprehensive plan
621in accord with the provisions of this act. If, upon the
622expiration of the 3-year time limit, the municipality has not
623adopted a comprehensive plan, the regional planning agency shall
624prepare and adopt a comprehensive plan for such municipality.
625     (4)(5)  Any comprehensive plan, or element or portion
626thereof, adopted pursuant to the provisions of this act, which
627but for its adoption after the deadlines established pursuant to
628previous versions of this act would have been valid, shall be
629valid.
630     (6)  When a regional planning agency is required to prepare
631or amend a comprehensive plan, or element or portion thereof,
632pursuant to subsections (3) and (4), the regional planning
633agency and the local government may agree to a method of
634compensating the regional planning agency for any verifiable,
635direct costs incurred. If an agreement is not reached within 6
636months after the date the regional planning agency assumes
637planning responsibilities for the local government pursuant to
638subsections (3) and (4) or by the time the plan or element, or
639portion thereof, is completed, whichever is earlier, the
640regional planning agency shall file invoices for verifiable,
641direct costs involved with the governing body. Upon the failure
642of the local government to pay such invoices within 90 days, the
643regional planning agency may, upon filing proper vouchers with
644the Chief Financial Officer, request payment by the Chief
645Financial Officer from unencumbered revenue or other tax sharing
646funds due such local government from the state for work actually
647performed, and the Chief Financial Officer shall pay such
648vouchers; however, the amount of such payment shall not exceed
64950 percent of such funds due such local government in any one
650year.
651     (7)  A local government that is being requested to pay
652costs may seek an administrative hearing pursuant to ss. 120.569
653and 120.57 to challenge the amount of costs and to determine if
654the statutory prerequisites for payment have been complied with.
655Final agency action shall be taken by the state land planning
656agency. Payment shall be withheld as to disputed amounts until
657proceedings under this subsection have been completed.
658     (5)(8)  Nothing in this act shall limit or modify the
659rights of any person to complete any development that has been
660authorized as a development of regional impact pursuant to
661chapter 380 or who has been issued a final local development
662order and development has commenced and is continuing in good
663faith.
664     (6)(9)  The Reedy Creek Improvement District shall exercise
665the authority of this part as it applies to municipalities,
666consistent with the legislative act under which it was
667established, for the total area under its jurisdiction.
668     (7)(10)  Nothing in this part shall supersede any provision
669of ss. 341.8201-341.842.
670     (11)  Each local government is encouraged to articulate a
671vision of the future physical appearance and qualities of its
672community as a component of its local comprehensive plan. The
673vision should be developed through a collaborative planning
674process with meaningful public participation and shall be
675adopted by the governing body of the jurisdiction. Neighboring
676communities, especially those sharing natural resources or
677physical or economic infrastructure, are encouraged to create
678collective visions for greater-than-local areas. Such collective
679visions shall apply in each city or county only to the extent
680that each local government chooses to make them applicable. The
681state land planning agency shall serve as a clearinghouse for
682creating a community vision of the future and may utilize the
683Growth Management Trust Fund, created by s. 186.911, to provide
684grants to help pay the costs of local visioning programs. When a
685local vision of the future has been created, a local government
686should review its comprehensive plan, land development
687regulations, and capital improvement program to ensure that
688these instruments will help to move the community toward its
689vision in a manner consistent with this act and with the state
690comprehensive plan. A local or regional vision must be
691consistent with the state vision, when adopted, and be
692internally consistent with the local or regional plan of which
693it is a component. The state land planning agency shall not
694adopt minimum criteria for evaluating or judging the form or
695content of a local or regional vision.
696     (8)(12)  An initiative or referendum process in regard to
697any development order or in regard to any local comprehensive
698plan amendment or map amendment that affects five or fewer
699parcels of land is prohibited.
700     (9)(13)  Each local government shall address in its
701comprehensive plan, as enumerated in this chapter, the water
702supply sources necessary to meet and achieve the existing and
703projected water use demand for the established planning period,
704considering the applicable plan developed pursuant to s.
705373.709.
706     (10)(14)(a)  If a local government grants a development
707order pursuant to its adopted land development regulations and
708the order is not the subject of a pending appeal and the
709timeframe for filing an appeal has expired, the development
710order may not be invalidated by a subsequent judicial
711determination that such land development regulations, or any
712portion thereof that is relevant to the development order, are
713invalid because of a deficiency in the approval standards.
714     (b)  This subsection does not preclude or affect the timely
715institution of any other remedy available at law or equity,
716including a common law writ of certiorari proceeding pursuant to
717Rule 9.190, Florida Rules of Appellate Procedure, or an original
718proceeding pursuant to s. 163.3215, as applicable.
719     (c)  This subsection applies retroactively to any
720development order granted on or after January 1, 2002.
721     Section 8.  Section 163.3168, Florida Statutes, is created
722to read:
723     163.3168  Planning innovations and technical assistance.-
724     (1)  The Legislature recognizes the need for innovative
725planning and development strategies to promote a diverse economy
726and vibrant rural and urban communities, while protecting
727environmentally sensitive areas. The Legislature further
728recognizes the substantial advantages of innovative approaches
729to development directed to meet the needs of urban, rural, and
730suburban areas.
731     (2)  Local governments are encouraged to apply innovative
732planning tools, including, but not limited to, visioning, sector
733planning, and rural land stewardship area designations to
734address future new development areas, urban service area
735designations, urban growth boundaries, and mixed-use, high-
736density development in urban areas.
737     (3)  The state land planning agency shall help communities
738find creative solutions to fostering vibrant, healthy
739communities, while protecting the functions of important state
740resources and facilities. The state land planning agency and all
741other appropriate state and regional agencies may use various
742means to provide direct and indirect technical assistance within
743available resources. If plan amendments may adversely impact
744important state resources or facilities, upon request by the
745local government, the state land planning agency shall
746coordinate multi-agency assistance, if needed, in developing an
747amendment to minimize impacts on such resources or facilities.
748     (4)  The state land planning agency shall provide, on its
749website, guidance on the submittal and adoption of comprehensive
750plans, plan amendments, and land development regulations. Such
751guidance shall not be adopted as a rule and is exempt from s.
752120.54(1)(a).
753     Section 9.  Subsection (4) of section 163.3171, Florida
754Statutes, is amended to read:
755     163.3171  Areas of authority under this act.-
756     (4)  The state land planning agency and a Local governments
757may government shall have the power to enter into agreements
758with each other and to agree together to enter into agreements
759with a landowner, developer, or governmental agency as may be
760necessary or desirable to effectuate the provisions and purposes
761of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
762and 163.3248. It is the Legislature's intent that joint
763agreements entered into under the authority of this section be
764liberally, broadly, and flexibly construed to facilitate
765intergovernmental cooperation between cities and counties and to
766encourage planning in advance of jurisdictional changes. Joint
767agreements, executed before or after the effective date of this
768act, include, but are not limited to, agreements that
769contemplate municipal adoption of plans or plan amendments for
770lands in advance of annexation of such lands into the
771municipality, and may permit municipalities and counties to
772exercise nonexclusive extrajurisdictional authority within
773incorporated and unincorporated areas. The state land planning
774agency may not interpret, invalidate, or declare inoperative
775such joint agreements, and the validity of joint agreements may
776not be a basis for finding plans or plan amendments not in
777compliance pursuant to chapter law.
778     Section 10.  Subsection (1) of section 163.3174, Florida
779Statutes, is amended to read:
780     163.3174  Local planning agency.-
781     (1)  The governing body of each local government,
782individually or in combination as provided in s. 163.3171, shall
783designate and by ordinance establish a "local planning agency,"
784unless the agency is otherwise established by law.
785Notwithstanding any special act to the contrary, all local
786planning agencies or equivalent agencies that first review
787rezoning and comprehensive plan amendments in each municipality
788and county shall include a representative of the school district
789appointed by the school board as a nonvoting member of the local
790planning agency or equivalent agency to attend those meetings at
791which the agency considers comprehensive plan amendments and
792rezonings that would, if approved, increase residential density
793on the property that is the subject of the application. However,
794this subsection does not prevent the governing body of the local
795government from granting voting status to the school board
796member. The governing body may designate itself as the local
797planning agency pursuant to this subsection with the addition of
798a nonvoting school board representative. The governing body
799shall notify the state land planning agency of the establishment
800of its local planning agency. All local planning agencies shall
801provide opportunities for involvement by applicable community
802college boards, which may be accomplished by formal
803representation, membership on technical advisory committees, or
804other appropriate means. The local planning agency shall prepare
805the comprehensive plan or plan amendment after hearings to be
806held after public notice and shall make recommendations to the
807governing body regarding the adoption or amendment of the plan.
808The agency may be a local planning commission, the planning
809department of the local government, or other instrumentality,
810including a countywide planning entity established by special
811act or a council of local government officials created pursuant
812to s. 163.02, provided the composition of the council is fairly
813representative of all the governing bodies in the county or
814planning area; however:
815     (a)  If a joint planning entity is in existence on the
816effective date of this act which authorizes the governing bodies
817to adopt and enforce a land use plan effective throughout the
818joint planning area, that entity shall be the agency for those
819local governments until such time as the authority of the joint
820planning entity is modified by law.
821     (b)  In the case of chartered counties, the planning
822responsibility between the county and the several municipalities
823therein shall be as stipulated in the charter.
824     Section 11.  Subsections (5), (6), and (9) of section
825163.3175, Florida Statutes, are amended to read:
826     163.3175  Legislative findings on compatibility of
827development with military installations; exchange of information
828between local governments and military installations.-
829     (5)  The commanding officer or his or her designee may
830provide comments to the affected local government on the impact
831such proposed changes may have on the mission of the military
832installation. Such comments may include:
833     (a)  If the installation has an airfield, whether such
834proposed changes will be incompatible with the safety and noise
835standards contained in the Air Installation Compatible Use Zone
836(AICUZ) adopted by the military installation for that airfield;
837     (b)  Whether such changes are incompatible with the
838Installation Environmental Noise Management Program (IENMP) of
839the United States Army;
840     (c)  Whether such changes are incompatible with the
841findings of a Joint Land Use Study (JLUS) for the area if one
842has been completed; and
843     (d)  Whether the military installation's mission will be
844adversely affected by the proposed actions of the county or
845affected local government.
846
847The commanding officer's comments, underlying studies, and
848reports are not binding on the local government.
849     (6)  The affected local government shall take into
850consideration any comments provided by the commanding officer or
851his or her designee pursuant to subsection (4) and must also be
852sensitive to private property rights and not be unduly
853restrictive on those rights. The affected local government shall
854forward a copy of any comments regarding comprehensive plan
855amendments to the state land planning agency.
856     (9)  If a local government, as required under s.
857163.3177(6)(a), does not adopt criteria and address
858compatibility of lands adjacent to or closely proximate to
859existing military installations in its future land use plan
860element by June 30, 2012, the local government, the military
861installation, the state land planning agency, and other parties
862as identified by the regional planning council, including, but
863not limited to, private landowner representatives, shall enter
864into mediation conducted pursuant to s. 186.509. If the local
865government comprehensive plan does not contain criteria
866addressing compatibility by December 31, 2013, the agency may
867notify the Administration Commission. The Administration
868Commission may impose sanctions pursuant to s. 163.3184(8)(11).
869Any local government that amended its comprehensive plan to
870address military installation compatibility requirements after
8712004 and was found to be in compliance is deemed to be in
872compliance with this subsection until the local government
873conducts its evaluation and appraisal review pursuant to s.
874163.3191 and determines that amendments are necessary to meet
875updated general law requirements.
876     Section 12.  Section 163.3177, Florida Statutes, is amended
877to read:
878     163.3177  Required and optional elements of comprehensive
879plan; studies and surveys.-
880     (1)  The comprehensive plan shall provide the consist of
881materials in such descriptive form, written or graphic, as may
882be appropriate to the prescription of principles, guidelines,
883and standards, and strategies for the orderly and balanced
884future economic, social, physical, environmental, and fiscal
885development of the area that reflects community commitments to
886implement the plan and its elements. These principles and
887strategies shall guide future decisions in a consistent manner
888and shall contain programs and activities to ensure
889comprehensive plans are implemented. The sections of the
890comprehensive plan containing the principles and strategies,
891generally provided as goals, objectives, and policies, shall
892describe how the local government's programs, activities, and
893land development regulations will be initiated, modified, or
894continued to implement the comprehensive plan in a consistent
895manner. It is not the intent of this part to require the
896inclusion of implementing regulations in the comprehensive plan
897but rather to require identification of those programs,
898activities, and land development regulations that will be part
899of the strategy for implementing the comprehensive plan and the
900principles that describe how the programs, activities, and land
901development regulations will be carried out. The plan shall
902establish meaningful and predictable standards for the use and
903development of land and provide meaningful guidelines for the
904content of more detailed land development and use regulations.
905     (a)  The comprehensive plan shall consist of elements as
906described in this section, and may include optional elements.
907     (b)  A local government may include, as part of its adopted
908plan, documents adopted by reference but not incorporated
909verbatim into the plan. The adoption by reference must identify
910the title and author of the document and indicate clearly what
911provisions and edition of the document is being adopted.
912     (c)  The format of these principles and guidelines is at
913the discretion of the local government, but typically is
914expressed in goals, objectives, policies, and strategies.
915     (d)  The comprehensive plan shall identify procedures for
916monitoring, evaluating, and appraising implementation of the
917plan.
918     (e)  When a federal, state, or regional agency has
919implemented a regulatory program, a local government is not
920required to duplicate or exceed that regulatory program in its
921local comprehensive plan.
922     (f)  All mandatory and optional elements of the
923comprehensive plan and plan amendments shall be based upon
924relevant and appropriate data and an analysis by the local
925government that may include, but not be limited to, surveys,
926studies, community goals and vision, and other data available at
927the time of adoption of the comprehensive plan or plan
928amendment. To be based on data means to react to it in an
929appropriate way and to the extent necessary indicated by the
930data available on that particular subject at the time of
931adoption of the plan or plan amendment at issue.
932     1.  Surveys, studies, and data utilized in the preparation
933of the comprehensive plan may not be deemed a part of the
934comprehensive plan unless adopted as a part of it. Copies of
935such studies, surveys, data, and supporting documents for
936proposed plans and plan amendments shall be made available for
937public inspection, and copies of such plans shall be made
938available to the public upon payment of reasonable charges for
939reproduction. Support data or summaries are not subject to the
940compliance review process, but the comprehensive plan must be
941clearly based on appropriate data. Support data or summaries may
942be used to aid in the determination of compliance and
943consistency.
944     2.  Data must be taken from professionally accepted
945sources. The application of a methodology utilized in data
946collection or whether a particular methodology is professionally
947accepted may be evaluated. However, the evaluation may not
948include whether one accepted methodology is better than another.
949Original data collection by local governments is not required.
950However, local governments may use original data so long as
951methodologies are professionally accepted.
952     3.  The comprehensive plan shall be based upon permanent
953and seasonal population estimates and projections, which shall
954either be those provided by the University of Florida's Bureau
955of Economic and Business Research or generated by the local
956government based upon a professionally acceptable methodology.
957The plan must be based on at least the minimum amount of land
958required to accommodate the medium projections of the University
959of Florida's Bureau of Economic and Business Research for at
960least a 10-year planning period unless otherwise limited under
961s. 380.05, including related rules of the Administration
962Commission.
963     (2)  Coordination of the several elements of the local
964comprehensive plan shall be a major objective of the planning
965process. The several elements of the comprehensive plan shall be
966consistent. Where data is relevant to several elements,
967consistent data shall be used, including population estimates
968and projections unless alternative data can be justified for a
969plan amendment through new supporting data and analysis. Each
970map depicting future conditions must reflect the principles,
971guidelines, and standards within all elements and each such map
972must be contained within the comprehensive plan, and the
973comprehensive plan shall be financially feasible. Financial
974feasibility shall be determined using professionally accepted
975methodologies and applies to the 5-year planning period, except
976in the case of a long-term transportation or school concurrency
977management system, in which case a 10-year or 15-year period
978applies.
979     (3)(a)  The comprehensive plan shall contain a capital
980improvements element designed to consider the need for and the
981location of public facilities in order to encourage the
982efficient use of such facilities and set forth:
983     1.  A component that outlines principles for construction,
984extension, or increase in capacity of public facilities, as well
985as a component that outlines principles for correcting existing
986public facility deficiencies, which are necessary to implement
987the comprehensive plan. The components shall cover at least a 5-
988year period.
989     2.  Estimated public facility costs, including a
990delineation of when facilities will be needed, the general
991location of the facilities, and projected revenue sources to
992fund the facilities.
993     3.  Standards to ensure the availability of public
994facilities and the adequacy of those facilities to meet
995established including acceptable levels of service.
996     4.  Standards for the management of debt.
997     4.5.  A schedule of capital improvements which includes any
998publicly funded projects of federal, state, or local government,
999and which may include privately funded projects for which the
1000local government has no fiscal responsibility. Projects,
1001necessary to ensure that any adopted level-of-service standards
1002are achieved and maintained for the 5-year period must be
1003identified as either funded or unfunded and given a level of
1004priority for funding. For capital improvements that will be
1005funded by the developer, financial feasibility shall be
1006demonstrated by being guaranteed in an enforceable development
1007agreement or interlocal agreement pursuant to paragraph (10)(h),
1008or other enforceable agreement. These development agreements and
1009interlocal agreements shall be reflected in the schedule of
1010capital improvements if the capital improvement is necessary to
1011serve development within the 5-year schedule. If the local
1012government uses planned revenue sources that require referenda
1013or other actions to secure the revenue source, the plan must, in
1014the event the referenda are not passed or actions do not secure
1015the planned revenue source, identify other existing revenue
1016sources that will be used to fund the capital projects or
1017otherwise amend the plan to ensure financial feasibility.
1018     5.6.  The schedule must include transportation improvements
1019included in the applicable metropolitan planning organization's
1020transportation improvement program adopted pursuant to s.
1021339.175(8) to the extent that such improvements are relied upon
1022to ensure concurrency and financial feasibility. The schedule
1023must also be coordinated with the applicable metropolitan
1024planning organization's long-range transportation plan adopted
1025pursuant to s. 339.175(7).
1026     (b)1.  The capital improvements element must be reviewed by
1027the local government on an annual basis. Modifications and
1028modified as necessary in accordance with s. 163.3187 or s.
1029163.3189 in order to update the maintain a financially feasible
10305-year capital improvement schedule of capital improvements.
1031Corrections and modifications concerning costs; revenue sources;
1032or acceptance of facilities pursuant to dedications which are
1033consistent with the plan may be accomplished by ordinance and
1034may shall not be deemed to be amendments to the local
1035comprehensive plan. A copy of the ordinance shall be transmitted
1036to the state land planning agency. An amendment to the
1037comprehensive plan is required to update the schedule on an
1038annual basis or to eliminate, defer, or delay the construction
1039for any facility listed in the 5-year schedule. All public
1040facilities must be consistent with the capital improvements
1041element. The annual update to the capital improvements element
1042of the comprehensive plan need not comply with the financial
1043feasibility requirement until December 1, 2011. Thereafter, a
1044local government may not amend its future land use map, except
1045for plan amendments to meet new requirements under this part and
1046emergency amendments pursuant to s. 163.3187(1)(a), after
1047December 1, 2011, and every year thereafter, unless and until
1048the local government has adopted the annual update and it has
1049been transmitted to the state land planning agency.
1050     2.  Capital improvements element amendments adopted after
1051the effective date of this act shall require only a single
1052public hearing before the governing board which shall be an
1053adoption hearing as described in s. 163.3184(7). Such amendments
1054are not subject to the requirements of s. 163.3184(3)-(6).
1055     (c)  If the local government does not adopt the required
1056annual update to the schedule of capital improvements, the state
1057land planning agency must notify the Administration Commission.
1058A local government that has a demonstrated lack of commitment to
1059meeting its obligations identified in the capital improvements
1060element may be subject to sanctions by the Administration
1061Commission pursuant to s. 163.3184(11).
1062     (d)  If a local government adopts a long-term concurrency
1063management system pursuant to s. 163.3180(9), it must also adopt
1064a long-term capital improvements schedule covering up to a 10-
1065year or 15-year period, and must update the long-term schedule
1066annually. The long-term schedule of capital improvements must be
1067financially feasible.
1068     (e)  At the discretion of the local government and
1069notwithstanding the requirements of this subsection, a
1070comprehensive plan, as revised by an amendment to the plan's
1071future land use map, shall be deemed to be financially feasible
1072and to have achieved and maintained level-of-service standards
1073as required by this section with respect to transportation
1074facilities if the amendment to the future land use map is
1075supported by a:
1076     1.  Condition in a development order for a development of
1077regional impact or binding agreement that addresses
1078proportionate-share mitigation consistent with s. 163.3180(12);
1079or
1080     2.  Binding agreement addressing proportionate fair-share
1081mitigation consistent with s. 163.3180(16)(f) and the property
1082subject to the amendment to the future land use map is located
1083within an area designated in a comprehensive plan for urban
1084infill, urban redevelopment, downtown revitalization, urban
1085infill and redevelopment, or an urban service area. The binding
1086agreement must be based on the maximum amount of development
1087identified by the future land use map amendment or as may be
1088otherwise restricted through a special area plan policy or map
1089notation in the comprehensive plan.
1090     (f)  A local government's comprehensive plan and plan
1091amendments for land uses within all transportation concurrency
1092exception areas that are designated and maintained in accordance
1093with s. 163.3180(5) shall be deemed to meet the requirement to
1094achieve and maintain level-of-service standards for
1095transportation.
1096     (4)(a)  Coordination of the local comprehensive plan with
1097the comprehensive plans of adjacent municipalities, the county,
1098adjacent counties, or the region; with the appropriate water
1099management district's regional water supply plans approved
1100pursuant to s. 373.709; and with adopted rules pertaining to
1101designated areas of critical state concern; and with the state
1102comprehensive plan shall be a major objective of the local
1103comprehensive planning process. To that end, in the preparation
1104of a comprehensive plan or element thereof, and in the
1105comprehensive plan or element as adopted, the governing body
1106shall include a specific policy statement indicating the
1107relationship of the proposed development of the area to the
1108comprehensive plans of adjacent municipalities, the county,
1109adjacent counties, or the region and to the state comprehensive
1110plan, as the case may require and as such adopted plans or plans
1111in preparation may exist.
1112     (b)  When all or a portion of the land in a local
1113government jurisdiction is or becomes part of a designated area
1114of critical state concern, the local government shall clearly
1115identify those portions of the local comprehensive plan that
1116shall be applicable to the critical area and shall indicate the
1117relationship of the proposed development of the area to the
1118rules for the area of critical state concern.
1119     (5)(a)  Each local government comprehensive plan must
1120include at least two planning periods, one covering at least the
1121first 5-year period occurring after the plan's adoption and one
1122covering at least a 10-year period. Additional planning periods
1123for specific components, elements, land use amendments, or
1124projects shall be permissible and accepted as part of the
1125planning process.
1126     (b)  The comprehensive plan and its elements shall contain
1127guidelines or policies policy recommendations for the
1128implementation of the plan and its elements.
1129     (6)  In addition to the requirements of subsections (1)-(5)
1130and (12), the comprehensive plan shall include the following
1131elements:
1132     (a)  A future land use plan element designating proposed
1133future general distribution, location, and extent of the uses of
1134land for residential uses, commercial uses, industry,
1135agriculture, recreation, conservation, education, public
1136buildings and grounds, other public facilities, and other
1137categories of the public and private uses of land. The
1138approximate acreage and the general range of density or
1139intensity of use shall be provided for the gross land area
1140included in each existing land use category. The element shall
1141establish the long-term end toward which land use programs and
1142activities are ultimately directed. Counties are encouraged to
1143designate rural land stewardship areas, pursuant to paragraph
1144(11)(d), as overlays on the future land use map.
1145     1.  Each future land use category must be defined in terms
1146of uses included, and must include standards to be followed in
1147the control and distribution of population densities and
1148building and structure intensities. The proposed distribution,
1149location, and extent of the various categories of land use shall
1150be shown on a land use map or map series which shall be
1151supplemented by goals, policies, and measurable objectives.
1152     2.  The future land use plan and plan amendments shall be
1153based upon surveys, studies, and data regarding the area, as
1154applicable, including:
1155     a.  The amount of land required to accommodate anticipated
1156growth.;
1157     b.  The projected permanent and seasonal population of the
1158area.;
1159     c.  The character of undeveloped land.;
1160     d.  The availability of water supplies, public facilities,
1161and services.;
1162     e.  The need for redevelopment, including the renewal of
1163blighted areas and the elimination of nonconforming uses which
1164are inconsistent with the character of the community.;
1165     f.  The compatibility of uses on lands adjacent to or
1166closely proximate to military installations.;
1167     g.  The compatibility of uses on lands adjacent to an
1168airport as defined in s. 330.35 and consistent with s. 333.02.;
1169     h.  The discouragement of urban sprawl.; energy-efficient
1170land use patterns accounting for existing and future electric
1171power generation and transmission systems; greenhouse gas
1172reduction strategies; and, in rural communities,
1173     i.  The need for job creation, capital investment, and
1174economic development that will strengthen and diversify the
1175community's economy.
1176     j.  The need to modify land uses and development patterns
1177within antiquated subdivisions. The future land use plan may
1178designate areas for future planned development use involving
1179combinations of types of uses for which special regulations may
1180be necessary to ensure development in accord with the principles
1181and standards of the comprehensive plan and this act.
1182     3.  The future land use plan element shall include criteria
1183to be used to:
1184     a.  Achieve the compatibility of lands adjacent or closely
1185proximate to military installations, considering factors
1186identified in s. 163.3175(5)., and
1187     b.  Achieve the compatibility of lands adjacent to an
1188airport as defined in s. 330.35 and consistent with s. 333.02.
1189     c.  Encourage preservation of recreational and commercial
1190working waterfronts for water dependent uses in coastal
1191communities.
1192     d.  Encourage the location of schools proximate to urban
1193residential areas to the extent possible.
1194     e.  Coordinate future land uses with the topography and
1195soil conditions, and the availability of facilities and
1196services.
1197     f.  Ensure the protection of natural and historic
1198resources.
1199     g.  Provide for the compatibility of adjacent land uses.
1200     h.  Provide guidelines for the implementation of mixed use
1201development including the types of uses allowed, the percentage
1202distribution among the mix of uses, or other standards, and the
1203density and intensity of each use.
1204     4.  In addition, for rural communities, The amount of land
1205designated for future planned uses industrial use shall provide
1206a balance of uses that foster vibrant, viable communities and
1207economic development opportunities and address outdated
1208development patterns, such as antiquated subdivisions. The
1209amount of land designated for future land uses should allow the
1210operation of real estate markets to provide adequate choices for
1211permanent and seasonal residents and business and be based upon
1212surveys and studies that reflect the need for job creation,
1213capital investment, and the necessity to strengthen and
1214diversify the local economies, and may not be limited solely by
1215the projected population of the rural community. The element
1216shall accommodate at least the minimum amount of land required
1217to accommodate the medium projections of the University of
1218Florida's Bureau of Economic and Business Research for at least
1219a 10-year planning period unless otherwise limited under s.
1220380.05, including related rules of the Administration
1221Commission.
1222     5.  The future land use plan of a county may also designate
1223areas for possible future municipal incorporation.
1224     6.  The land use maps or map series shall generally
1225identify and depict historic district boundaries and shall
1226designate historically significant properties meriting
1227protection. For coastal counties, the future land use element
1228must include, without limitation, regulatory incentives and
1229criteria that encourage the preservation of recreational and
1230commercial working waterfronts as defined in s. 342.07.
1231     7.  The future land use element must clearly identify the
1232land use categories in which public schools are an allowable
1233use. When delineating the land use categories in which public
1234schools are an allowable use, a local government shall include
1235in the categories sufficient land proximate to residential
1236development to meet the projected needs for schools in
1237coordination with public school boards and may establish
1238differing criteria for schools of different type or size. Each
1239local government shall include lands contiguous to existing
1240school sites, to the maximum extent possible, within the land
1241use categories in which public schools are an allowable use. The
1242failure by a local government to comply with these school siting
1243requirements will result in the prohibition of the local
1244government's ability to amend the local comprehensive plan,
1245except for plan amendments described in s. 163.3187(1)(b), until
1246the school siting requirements are met. Amendments proposed by a
1247local government for purposes of identifying the land use
1248categories in which public schools are an allowable use are
1249exempt from the limitation on the frequency of plan amendments
1250contained in s. 163.3187. The future land use element shall
1251include criteria that encourage the location of schools
1252proximate to urban residential areas to the extent possible and
1253shall require that the local government seek to collocate public
1254facilities, such as parks, libraries, and community centers,
1255with schools to the extent possible and to encourage the use of
1256elementary schools as focal points for neighborhoods. For
1257schools serving predominantly rural counties, defined as a
1258county with a population of 100,000 or fewer, an agricultural
1259land use category is eligible for the location of public school
1260facilities if the local comprehensive plan contains school
1261siting criteria and the location is consistent with such
1262criteria.
1263     8.  Future land use map amendments shall be based upon the
1264following analyses:
1265     a.  An analysis of the availability of facilities and
1266services.
1267     b.  An analysis of the suitability of the plan amendment
1268for its proposed use considering the character of the
1269undeveloped land, soils, topography, natural resources, and
1270historic resources on site.
1271     c.  An analysis of the minimum amount of land needed as
1272determined by the local government.
1273     9.  The future land use element and any amendment to the
1274future land use element shall discourage the proliferation of
1275urban sprawl.
1276     a.  The primary indicators that a plan or plan amendment
1277does not discourage the proliferation of urban sprawl are listed
1278below. The evaluation of the presence of these indicators shall
1279consist of an analysis of the plan or plan amendment within the
1280context of features and characteristics unique to each locality
1281in order to determine whether the plan or plan amendment:
1282     (I)  Promotes, allows, or designates for development
1283substantial areas of the jurisdiction to develop as low-
1284intensity, low-density, or single-use development or uses.
1285     (II)  Promotes, allows, or designates significant amounts
1286of urban development to occur in rural areas at substantial
1287distances from existing urban areas while not using undeveloped
1288lands that are available and suitable for development.
1289     (III)  Promotes, allows, or designates urban development in
1290radial, strip, isolated, or ribbon patterns generally emanating
1291from existing urban developments.
1292     (IV)  Fails to adequately protect and conserve natural
1293resources, such as wetlands, floodplains, native vegetation,
1294environmentally sensitive areas, natural groundwater aquifer
1295recharge areas, lakes, rivers, shorelines, beaches, bays,
1296estuarine systems, and other significant natural systems.
1297     (V)  Fails to adequately protect adjacent agricultural
1298areas and activities, including silviculture, active
1299agricultural and silvicultural activities, passive agricultural
1300activities, and dormant, unique, and prime farmlands and soils.
1301     (VI)  Fails to maximize use of existing public facilities
1302and services.
1303     (VII)  Fails to maximize use of future public facilities
1304and services.
1305     (VIII)  Allows for land use patterns or timing which
1306disproportionately increase the cost in time, money, and energy
1307of providing and maintaining facilities and services, including
1308roads, potable water, sanitary sewer, stormwater management, law
1309enforcement, education, health care, fire and emergency
1310response, and general government.
1311     (IX)  Fails to provide a clear separation between rural and
1312urban uses.
1313     (X)  Discourages or inhibits infill development or the
1314redevelopment of existing neighborhoods and communities.
1315     (XI)  Fails to encourage a functional mix of uses.
1316     (XII)  Results in poor accessibility among linked or
1317related land uses.
1318     (XIII)  Results in the loss of significant amounts of
1319functional open space.
1320     b.  The future land use element or plan amendment shall be
1321determined to discourage the proliferation of urban sprawl if it
1322incorporates a development pattern or urban form that achieves
1323four or more of the following:
1324     (I)  Directs or locates economic growth and associated land
1325development to geographic areas of the community in a manner
1326that does not have an adverse impact on and protects natural
1327resources and ecosystems.
1328     (II)  Promotes the efficient and cost-effective provision
1329or extension of public infrastructure and services.
1330     (III)  Promotes walkable and connected communities and
1331provides for compact development and a mix of uses at densities
1332and intensities that will support a range of housing choices and
1333a multimodal transportation system, including pedestrian,
1334bicycle, and transit, if available.
1335     (IV)  Promotes conservation of water and energy.
1336     (V)  Preserves agricultural areas and activities, including
1337silviculture, and dormant, unique, and prime farmlands and
1338soils.
1339     (VI)  Preserves open space and natural lands and provides
1340for public open space and recreation needs.
1341     (VII)  Creates a balance of land uses based upon demands of
1342residential population for the nonresidential needs of an area.
1343     (VIII)  Provides uses, densities, and intensities of use
1344and urban form that would remediate an existing or planned
1345development pattern in the vicinity that constitutes sprawl or
1346if it provides for an innovative development pattern such as
1347transit-oriented developments or new towns as defined in s.
1348163.3164.
1349     10.  The future land use element shall include a future
1350land use map or map series.
1351     a.  The proposed distribution, extent, and location of the
1352following uses shall be shown on the future land use map or map
1353series:
1354     (I)  Residential.
1355     (II)  Commercial.
1356     (III)  Industrial.
1357     (IV)  Agricultural.
1358     (V)  Recreational.
1359     (VI)  Conservation.
1360     (VII)  Educational.
1361     (VIII)  Public.
1362     b.  The following areas shall also be shown on the future
1363land use map or map series, if applicable:
1364     (I)  Historic district boundaries and designated
1365historically significant properties.
1366     (II)  Transportation concurrency management area boundaries
1367or transportation concurrency exception area boundaries.
1368     (III)  Multimodal transportation district boundaries.
1369     (IV)  Mixed use categories.
1370     c.  The following natural resources or conditions shall be
1371shown on the future land use map or map series, if applicable:
1372     (I)  Existing and planned public potable waterwells, cones
1373of influence, and wellhead protection areas.
1374     (II)  Beaches and shores, including estuarine systems.
1375     (III)  Rivers, bays, lakes, floodplains, and harbors.
1376     (IV)  Wetlands.
1377     (V)  Minerals and soils.
1378     (VI)  Coastal high hazard areas.
1379     11.  Local governments required to update or amend their
1380comprehensive plan to include criteria and address compatibility
1381of lands adjacent or closely proximate to existing military
1382installations, or lands adjacent to an airport as defined in s.
1383330.35 and consistent with s. 333.02, in their future land use
1384plan element shall transmit the update or amendment to the state
1385land planning agency by June 30, 2012.
1386     (b)  A transportation element addressing mobility issues in
1387relationship to the size and character of the local government.
1388The purpose of the transportation element shall be to plan for a
1389multimodal transportation system that places emphasis on public
1390transportation systems, where feasible. The element shall
1391provide for a safe, convenient multimodal transportation system,
1392coordinated with the future land use map or map series and
1393designed to support all elements of the comprehensive plan. A
1394local government that has all or part of its jurisdiction
1395included within the metropolitan planning area of a metropolitan
1396planning organization (M.P.O.) pursuant to s. 339.175 shall
1397prepare and adopt a transportation element consistent with this
1398subsection. Local governments that are not located within the
1399metropolitan planning area of an M.P.O. shall address traffic
1400circulation, mass transit, and ports, and aviation and related
1401facilities consistent with this subsection, except that local
1402governments with a population of 50,000 or less shall only be
1403required to address transportation circulation. The element
1404shall be coordinated with the plans and programs of any
1405applicable metropolitan planning organization, transportation
1406authority, Florida Transportation Plan, and Department of
1407Transportation's adopted work program.
1408     1.  Each local government's transportation element shall
1409address
1410     (b)  A traffic circulation, including element consisting of
1411the types, locations, and extent of existing and proposed major
1412thoroughfares and transportation routes, including bicycle and
1413pedestrian ways. Transportation corridors, as defined in s.
1414334.03, may be designated in the transportation traffic
1415circulation element pursuant to s. 337.273. If the
1416transportation corridors are designated, the local government
1417may adopt a transportation corridor management ordinance. The
1418element shall include a map or map series showing the general
1419location of the existing and proposed transportation system
1420features and shall be coordinated with the future land use map
1421or map series. The element shall reflect the data, analysis, and
1422associated principles and strategies relating to:
1423     a.  The existing transportation system levels of service
1424and system needs and the availability of transportation
1425facilities and services.
1426     b.  The growth trends and travel patterns and interactions
1427between land use and transportation.
1428     c.  Existing and projected intermodal deficiencies and
1429needs.
1430     d.  The projected transportation system levels of service
1431and system needs based upon the future land use map and the
1432projected integrated transportation system.
1433     e.  How the local government will correct existing facility
1434deficiencies, meet the identified needs of the projected
1435transportation system, and advance the purpose of this paragraph
1436and the other elements of the comprehensive plan.
1437     2.  Local governments within a metropolitan planning area
1438designated as an M.P.O. pursuant to s. 339.175 shall also
1439address:
1440     a.  All alternative modes of travel, such as public
1441transportation, pedestrian, and bicycle travel.
1442     b.  Aviation, rail, seaport facilities, access to those
1443facilities, and intermodal terminals.
1444     c.  The capability to evacuate the coastal population
1445before an impending natural disaster.
1446     d.  Airports, projected airport and aviation development,
1447and land use compatibility around airports, which includes areas
1448defined in ss. 333.01 and 333.02.
1449     e.  An identification of land use densities, building
1450intensities, and transportation management programs to promote
1451public transportation systems in designated public
1452transportation corridors so as to encourage population densities
1453sufficient to support such systems.
1454     3.  Municipalities having populations greater than 50,000,
1455and counties having populations greater than 75,000, shall
1456include mass-transit provisions showing proposed methods for the
1457moving of people, rights-of-way, terminals, and related
1458facilities and shall address:
1459     a.  The provision of efficient public transit services
1460based upon existing and proposed major trip generators and
1461attractors, safe and convenient public transit terminals, land
1462uses, and accommodation of the special needs of the
1463transportation disadvantaged.
1464     b.  Plans for port, aviation, and related facilities
1465coordinated with the general circulation and transportation
1466element.
1467     c.  Plans for the circulation of recreational traffic,
1468including bicycle facilities, exercise trails, riding
1469facilities, and such other matters as may be related to the
1470improvement and safety of movement of all types of recreational
1471traffic.
1472     4.  At the option of a local government, an airport master
1473plan, and any subsequent amendments to the airport master plan,
1474prepared by a licensed publicly owned and operated airport under
1475s. 333.06 may be incorporated into the local government
1476comprehensive plan by the local government having jurisdiction
1477under this act for the area in which the airport or projected
1478airport development is located by the adoption of a
1479comprehensive plan amendment. In the amendment to the local
1480comprehensive plan that integrates the airport master plan, the
1481comprehensive plan amendment shall address land use
1482compatibility consistent with chapter 333 regarding airport
1483zoning; the provision of regional transportation facilities for
1484the efficient use and operation of the transportation system and
1485airport; consistency with the local government transportation
1486circulation element and applicable M.P.O. long-range
1487transportation plans; the execution of any necessary interlocal
1488agreements for the purposes of the provision of public
1489facilities and services to maintain the adopted level-of-service
1490standards for facilities subject to concurrency; and may address
1491airport-related or aviation-related development. Development or
1492expansion of an airport consistent with the adopted airport
1493master plan that has been incorporated into the local
1494comprehensive plan in compliance with this part, and airport-
1495related or aviation-related development that has been addressed
1496in the comprehensive plan amendment that incorporates the
1497airport master plan, do not constitute a development of regional
1498impact. Notwithstanding any other general law, an airport that
1499has received a development-of-regional-impact development order
1500pursuant to s. 380.06, but which is no longer required to
1501undergo development-of-regional-impact review pursuant to this
1502subsection, may rescind its development-of-regional-impact order
1503upon written notification to the applicable local government.
1504Upon receipt by the local government, the development-of-
1505regional-impact development order shall be deemed rescinded. The
1506traffic circulation element shall incorporate transportation
1507strategies to address reduction in greenhouse gas emissions from
1508the transportation sector.
1509     (c)  A general sanitary sewer, solid waste, drainage,
1510potable water, and natural groundwater aquifer recharge element
1511correlated to principles and guidelines for future land use,
1512indicating ways to provide for future potable water, drainage,
1513sanitary sewer, solid waste, and aquifer recharge protection
1514requirements for the area. The element may be a detailed
1515engineering plan including a topographic map depicting areas of
1516prime groundwater recharge.
1517     1.  Each local government shall address in the data and
1518analyses required by this section those facilities that provide
1519service within the local government's jurisdiction. Local
1520governments that provide facilities to serve areas within other
1521local government jurisdictions shall also address those
1522facilities in the data and analyses required by this section,
1523using data from the comprehensive plan for those areas for the
1524purpose of projecting facility needs as required in this
1525subsection. For shared facilities, each local government shall
1526indicate the proportional capacity of the systems allocated to
1527serve its jurisdiction.
1528     2.  The element shall describe the problems and needs and
1529the general facilities that will be required for solution of the
1530problems and needs, including correcting existing facility
1531deficiencies. The element shall address coordinating the
1532extension of, or increase in the capacity of, facilities to meet
1533future needs while maximizing the use of existing facilities and
1534discouraging urban sprawl; conservation of potable water
1535resources; and protecting the functions of natural groundwater
1536recharge areas and natural drainage features. The element shall
1537also include a topographic map depicting any areas adopted by a
1538regional water management district as prime groundwater recharge
1539areas for the Floridan or Biscayne aquifers. These areas shall
1540be given special consideration when the local government is
1541engaged in zoning or considering future land use for said
1542designated areas. For areas served by septic tanks, soil surveys
1543shall be provided which indicate the suitability of soils for
1544septic tanks.
1545     3.  Within 18 months after the governing board approves an
1546updated regional water supply plan, the element must incorporate
1547the alternative water supply project or projects selected by the
1548local government from those identified in the regional water
1549supply plan pursuant to s. 373.709(2)(a) or proposed by the
1550local government under s. 373.709(8)(b). If a local government
1551is located within two water management districts, the local
1552government shall adopt its comprehensive plan amendment within
155318 months after the later updated regional water supply plan.
1554The element must identify such alternative water supply projects
1555and traditional water supply projects and conservation and reuse
1556necessary to meet the water needs identified in s. 373.709(2)(a)
1557within the local government's jurisdiction and include a work
1558plan, covering at least a 10-year planning period, for building
1559public, private, and regional water supply facilities, including
1560development of alternative water supplies, which are identified
1561in the element as necessary to serve existing and new
1562development. The work plan shall be updated, at a minimum, every
15635 years within 18 months after the governing board of a water
1564management district approves an updated regional water supply
1565plan. Amendments to incorporate the work plan do not count
1566toward the limitation on the frequency of adoption of amendments
1567to the comprehensive plan. Local governments, public and private
1568utilities, regional water supply authorities, special districts,
1569and water management districts are encouraged to cooperatively
1570plan for the development of multijurisdictional water supply
1571facilities that are sufficient to meet projected demands for
1572established planning periods, including the development of
1573alternative water sources to supplement traditional sources of
1574groundwater and surface water supplies.
1575     (d)  A conservation element for the conservation, use, and
1576protection of natural resources in the area, including air,
1577water, water recharge areas, wetlands, waterwells, estuarine
1578marshes, soils, beaches, shores, flood plains, rivers, bays,
1579lakes, harbors, forests, fisheries and wildlife, marine habitat,
1580minerals, and other natural and environmental resources,
1581including factors that affect energy conservation.
1582     1.  The following natural resources, where present within
1583the local government's boundaries, shall be identified and
1584analyzed and existing recreational or conservation uses, known
1585pollution problems, including hazardous wastes, and the
1586potential for conservation, recreation, use, or protection shall
1587also be identified:
1588     a.  Rivers, bays, lakes, wetlands including estuarine
1589marshes, groundwaters, and springs, including information on
1590quality of the resource available.
1591     b.  Floodplains.
1592     c.  Known sources of commercially valuable minerals.
1593     d.  Areas known to have experienced soil erosion problems.
1594     e.  Areas that are the location of recreationally and
1595commercially important fish or shellfish, wildlife, marine
1596habitats, and vegetative communities, including forests,
1597indicating known dominant species present and species listed by
1598federal, state, or local government agencies as endangered,
1599threatened, or species of special concern.
1600     2.  The element must contain principles, guidelines, and
1601standards for conservation that provide long-term goals and
1602which:
1603     a.  Protects air quality.
1604     b.  Conserves, appropriately uses, and protects the quality
1605and quantity of current and projected water sources and waters
1606that flow into estuarine waters or oceanic waters and protect
1607from activities and land uses known to affect adversely the
1608quality and quantity of identified water sources, including
1609natural groundwater recharge areas, wellhead protection areas,
1610and surface waters used as a source of public water supply.
1611     c.  Provides for the emergency conservation of water
1612sources in accordance with the plans of the regional water
1613management district.
1614     d.  Conserves, appropriately uses, and protects minerals,
1615soils, and native vegetative communities, including forests,
1616from destruction by development activities.
1617     e.  Conserves, appropriately uses, and protects fisheries,
1618wildlife, wildlife habitat, and marine habitat and restricts
1619activities known to adversely affect the survival of endangered
1620and threatened wildlife.
1621     f.  Protects existing natural reservations identified in
1622the recreation and open space element.
1623     g.  Maintains cooperation with adjacent local governments
1624to conserve, appropriately use, or protect unique vegetative
1625communities located within more than one local jurisdiction.
1626     h.  Designates environmentally sensitive lands for
1627protection based on locally determined criteria which further
1628the goals and objectives of the conservation element.
1629     i.  Manages hazardous waste to protect natural resources.
1630     j.  Protects and conserves wetlands and the natural
1631functions of wetlands.
1632     k.  Directs future land uses that are incompatible with the
1633protection and conservation of wetlands and wetland functions
1634away from wetlands. The type, intensity or density, extent,
1635distribution, and location of allowable land uses and the types,
1636values, functions, sizes, conditions, and locations of wetlands
1637are land use factors that shall be considered when directing
1638incompatible land uses away from wetlands. Land uses shall be
1639distributed in a manner that minimizes the effect and impact on
1640wetlands. The protection and conservation of wetlands by the
1641direction of incompatible land uses away from wetlands shall
1642occur in combination with other principles, guidelines,
1643standards, and strategies in the comprehensive plan. Where
1644incompatible land uses are allowed to occur, mitigation shall be
1645considered as one means to compensate for loss of wetlands
1646functions.
1647     3.  Local governments shall assess their Current and, as
1648well as projected, water needs and sources for at least a 10-
1649year period based on the demands for industrial, agricultural,
1650and potable water use and the quality and quantity of water
1651available to meet these demands shall be analyzed.  The analysis
1652shall consider the existing levels of water conservation, use,
1653and protection and applicable policies of the regional water
1654management district and further must consider, considering the
1655appropriate regional water supply plan approved pursuant to s.
1656373.709, or, in the absence of an approved regional water supply
1657plan, the district water management plan approved pursuant to s.
1658373.036(2). This information shall be submitted to the
1659appropriate agencies. The land use map or map series contained
1660in the future land use element shall generally identify and
1661depict the following:
1662     1.  Existing and planned waterwells and cones of influence
1663where applicable.
1664     2.  Beaches and shores, including estuarine systems.
1665     3.  Rivers, bays, lakes, flood plains, and harbors.
1666     4.  Wetlands.
1667     5.  Minerals and soils.
1668     6.  Energy conservation.
1669
1670The land uses identified on such maps shall be consistent with
1671applicable state law and rules.
1672     (e)  A recreation and open space element indicating a
1673comprehensive system of public and private sites for recreation,
1674including, but not limited to, natural reservations, parks and
1675playgrounds, parkways, beaches and public access to beaches,
1676open spaces, waterways, and other recreational facilities.
1677     (f)1.  A housing element consisting of standards, plans,
1678and principles, guidelines, standards, and strategies to be
1679followed in:
1680     a.  The provision of housing for all current and
1681anticipated future residents of the jurisdiction.
1682     b.  The elimination of substandard dwelling conditions.
1683     c.  The structural and aesthetic improvement of existing
1684housing.
1685     d.  The provision of adequate sites for future housing,
1686including affordable workforce housing as defined in s.
1687380.0651(3)(h)(j), housing for low-income, very low-income, and
1688moderate-income families, mobile homes, and group home
1689facilities and foster care facilities, with supporting
1690infrastructure and public facilities.
1691     e.  Provision for relocation housing and identification of
1692historically significant and other housing for purposes of
1693conservation, rehabilitation, or replacement.
1694     f.  The formulation of housing implementation programs.
1695     g.  The creation or preservation of affordable housing to
1696minimize the need for additional local services and avoid the
1697concentration of affordable housing units only in specific areas
1698of the jurisdiction.
1699     h.  Energy efficiency in the design and construction of new
1700housing.
1701     i.  Use of renewable energy resources.
1702     j.  Each county in which the gap between the buying power
1703of a family of four and the median county home sale price
1704exceeds $170,000, as determined by the Florida Housing Finance
1705Corporation, and which is not designated as an area of critical
1706state concern shall adopt a plan for ensuring affordable
1707workforce housing. At a minimum, the plan shall identify
1708adequate sites for such housing. For purposes of this sub-
1709subparagraph, the term "workforce housing" means housing that is
1710affordable to natural persons or families whose total household
1711income does not exceed 140 percent of the area median income,
1712adjusted for household size.
1713     k.  As a precondition to receiving any state affordable
1714housing funding or allocation for any project or program within
1715the jurisdiction of a county that is subject to sub-subparagraph
1716j., a county must, by July 1 of each year, provide certification
1717that the county has complied with the requirements of sub-
1718subparagraph j.
1719     2.  The principles, guidelines, standards, and strategies
1720goals, objectives, and policies of the housing element must be
1721based on the data and analysis prepared on housing needs,
1722including an inventory taken from the latest decennial United
1723States Census or more recent estimates, which shall include the
1724number and distribution of dwelling units by type, tenure, age,
1725rent, value, monthly cost of owner-occupied units, and rent or
1726cost to income ratio, and shall show the number of dwelling
1727units that are substandard. The inventory shall also include the
1728methodology used to estimate the condition of housing, a
1729projection of the anticipated number of households by size,
1730income range, and age of residents derived from the population
1731projections, and the minimum housing need of the current and
1732anticipated future residents of the jurisdiction the affordable
1733housing needs assessment.
1734     3.  The housing element must express principles,
1735guidelines, standards, and strategies that reflect, as needed,
1736the creation and preservation of affordable housing for all
1737current and anticipated future residents of the jurisdiction,
1738elimination of substandard housing conditions, adequate sites,
1739and distribution of housing for a range of incomes and types,
1740including mobile and manufactured homes. The element must
1741provide for specific programs and actions to partner with
1742private and nonprofit sectors to address housing needs in the
1743jurisdiction, streamline the permitting process, and minimize
1744costs and delays for affordable housing, establish standards to
1745address the quality of housing, stabilization of neighborhoods,
1746and identification and improvement of historically significant
1747housing.
1748     4.  State and federal housing plans prepared on behalf of
1749the local government must be consistent with the goals,
1750objectives, and policies of the housing element. Local
1751governments are encouraged to use job training, job creation,
1752and economic solutions to address a portion of their affordable
1753housing concerns.
1754     2.  To assist local governments in housing data collection
1755and analysis and assure uniform and consistent information
1756regarding the state's housing needs, the state land planning
1757agency shall conduct an affordable housing needs assessment for
1758all local jurisdictions on a schedule that coordinates the
1759implementation of the needs assessment with the evaluation and
1760appraisal reports required by s. 163.3191. Each local government
1761shall utilize the data and analysis from the needs assessment as
1762one basis for the housing element of its local comprehensive
1763plan. The agency shall allow a local government the option to
1764perform its own needs assessment, if it uses the methodology
1765established by the agency by rule.
1766     (g)1.  For those units of local government identified in s.
1767380.24, a coastal management element, appropriately related to
1768the particular requirements of paragraphs (d) and (e) and
1769meeting the requirements of s. 163.3178(2) and (3). The coastal
1770management element shall set forth the principles, guidelines,
1771standards, and strategies policies that shall guide the local
1772government's decisions and program implementation with respect
1773to the following objectives:
1774     1.a.  Maintain, restore, and enhance Maintenance,
1775restoration, and enhancement of the overall quality of the
1776coastal zone environment, including, but not limited to, its
1777amenities and aesthetic values.
1778     2.b.  Preserve the continued existence of viable
1779populations of all species of wildlife and marine life.
1780     3.c.  Protect the orderly and balanced utilization and
1781preservation, consistent with sound conservation principles, of
1782all living and nonliving coastal zone resources.
1783     4.d.  Avoid Avoidance of irreversible and irretrievable
1784loss of coastal zone resources.
1785     5.e.  Use ecological planning principles and assumptions to
1786be used in the determination of the suitability and extent of
1787permitted development.
1788     f.  Proposed management and regulatory techniques.
1789     6.g.  Limit Limitation of public expenditures that
1790subsidize development in high-hazard coastal high-hazard areas.
1791     7.h.  Protect Protection of human life against the effects
1792of natural disasters.
1793     8.i.  Direct the orderly development, maintenance, and use
1794of ports identified in s. 403.021(9) to facilitate deepwater
1795commercial navigation and other related activities.
1796     9.j.  Preserve historic and archaeological resources, which
1797include the Preservation, including sensitive adaptive use of
1798these historic and archaeological resources.
1799     10.  At the option of the local government, develop an
1800adaptation action area designation for those low-lying coastal
1801zones that are experiencing coastal flooding due to extreme high
1802tides and storm surge and are vulnerable to the impacts of
1803rising sea level. Local governments that adopt an adaptation
1804action area may consider policies within the coastal management
1805element to improve resilience to coastal flooding resulting from
1806high-tide events, storm surge, flash floods, stormwater runoff,
1807and related impacts of sea level rise. Criteria for the
1808adaptation action area may include, but need not be limited to,
1809areas for which the land elevations are below, at, or near mean
1810higher high water, which have an hydrologic connection to
1811coastal waters, or which are designated as evacuation zones for
1812storm surge.
1813     2.  As part of this element, a local government that has a
1814coastal management element in its comprehensive plan is
1815encouraged to adopt recreational surface water use policies that
1816include applicable criteria for and consider such factors as
1817natural resources, manatee protection needs, protection of
1818working waterfronts and public access to the water, and
1819recreation and economic demands. Criteria for manatee protection
1820in the recreational surface water use policies should reflect
1821applicable guidance outlined in the Boat Facility Siting Guide
1822prepared by the Fish and Wildlife Conservation Commission. If
1823the local government elects to adopt recreational surface water
1824use policies by comprehensive plan amendment, such comprehensive
1825plan amendment is exempt from the provisions of s. 163.3187(1).
1826Local governments that wish to adopt recreational surface water
1827use policies may be eligible for assistance with the development
1828of such policies through the Florida Coastal Management Program.
1829The Office of Program Policy Analysis and Government
1830Accountability shall submit a report on the adoption of
1831recreational surface water use policies under this subparagraph
1832to the President of the Senate, the Speaker of the House of
1833Representatives, and the majority and minority leaders of the
1834Senate and the House of Representatives no later than December
18351, 2010.
1836     (h)1.  An intergovernmental coordination element showing
1837relationships and stating principles and guidelines to be used
1838in coordinating the adopted comprehensive plan with the plans of
1839school boards, regional water supply authorities, and other
1840units of local government providing services but not having
1841regulatory authority over the use of land, with the
1842comprehensive plans of adjacent municipalities, the county,
1843adjacent counties, or the region, with the state comprehensive
1844plan and with the applicable regional water supply plan approved
1845pursuant to s. 373.709, as the case may require and as such
1846adopted plans or plans in preparation may exist. This element of
1847the local comprehensive plan must demonstrate consideration of
1848the particular effects of the local plan, when adopted, upon the
1849development of adjacent municipalities, the county, adjacent
1850counties, or the region, or upon the state comprehensive plan,
1851as the case may require.
1852     a.  The intergovernmental coordination element must provide
1853procedures for identifying and implementing joint planning
1854areas, especially for the purpose of annexation, municipal
1855incorporation, and joint infrastructure service areas.
1856     b.  The intergovernmental coordination element must provide
1857for recognition of campus master plans prepared pursuant to s.
18581013.30 and airport master plans under paragraph (k).
1859     c.  The intergovernmental coordination element shall
1860provide for a dispute resolution process, as established
1861pursuant to s. 186.509, for bringing intergovernmental disputes
1862to closure in a timely manner.
1863     c.d.  The intergovernmental coordination element shall
1864provide for interlocal agreements as established pursuant to s.
1865333.03(1)(b).
1866     2.  The intergovernmental coordination element shall also
1867state principles and guidelines to be used in coordinating the
1868adopted comprehensive plan with the plans of school boards and
1869other units of local government providing facilities and
1870services but not having regulatory authority over the use of
1871land. In addition, the intergovernmental coordination element
1872must describe joint processes for collaborative planning and
1873decisionmaking on population projections and public school
1874siting, the location and extension of public facilities subject
1875to concurrency, and siting facilities with countywide
1876significance, including locally unwanted land uses whose nature
1877and identity are established in an agreement.
1878     3.  Within 1 year after adopting their intergovernmental
1879coordination elements, each county, all the municipalities
1880within that county, the district school board, and any unit of
1881local government service providers in that county shall
1882establish by interlocal or other formal agreement executed by
1883all affected entities, the joint processes described in this
1884subparagraph consistent with their adopted intergovernmental
1885coordination elements. The element must:
1886     a.  Ensure that the local government addresses through
1887coordination mechanisms the impacts of development proposed in
1888the local comprehensive plan upon development in adjacent
1889municipalities, the county, adjacent counties, the region, and
1890the state. The area of concern for municipalities shall include
1891adjacent municipalities, the county, and counties adjacent to
1892the municipality. The area of concern for counties shall include
1893all municipalities within the county, adjacent counties, and
1894adjacent municipalities.
1895     b.  Ensure coordination in establishing level of service
1896standards for public facilities with any state, regional, or
1897local entity having operational and maintenance responsibility
1898for such facilities.
1899     3.  To foster coordination between special districts and
1900local general-purpose governments as local general-purpose
1901governments implement local comprehensive plans, each
1902independent special district must submit a public facilities
1903report to the appropriate local government as required by s.
1904189.415.
1905     4.  Local governments shall execute an interlocal agreement
1906with the district school board, the county, and nonexempt
1907municipalities pursuant to s. 163.31777. The local government
1908shall amend the intergovernmental coordination element to ensure
1909that coordination between the local government and school board
1910is pursuant to the agreement and shall state the obligations of
1911the local government under the agreement. Plan amendments that
1912comply with this subparagraph are exempt from the provisions of
1913s. 163.3187(1).
1914     5.  By January 1, 2004, any county having a population
1915greater than 100,000, and the municipalities and special
1916districts within that county, shall submit a report to the
1917Department of Community Affairs which identifies:
1918     a.   All existing or proposed interlocal service delivery
1919agreements relating to education; sanitary sewer; public safety;
1920solid waste; drainage; potable water; parks and recreation; and
1921transportation facilities.
1922     b.   Any deficits or duplication in the provision of
1923services within its jurisdiction, whether capital or
1924operational. Upon request, the Department of Community Affairs
1925shall provide technical assistance to the local governments in
1926identifying deficits or duplication.
1927     6.  Within 6 months after submission of the report, the
1928Department of Community Affairs shall, through the appropriate
1929regional planning council, coordinate a meeting of all local
1930governments within the regional planning area to discuss the
1931reports and potential strategies to remedy any identified
1932deficiencies or duplications.
1933     7.  Each local government shall update its
1934intergovernmental coordination element based upon the findings
1935in the report submitted pursuant to subparagraph 5. The report
1936may be used as supporting data and analysis for the
1937intergovernmental coordination element.
1938     (i)  The optional elements of the comprehensive plan in
1939paragraphs (7)(a) and (b) are required elements for those
1940municipalities having populations greater than 50,000, and those
1941counties having populations greater than 75,000, as determined
1942under s. 186.901.
1943     (j)  For each unit of local government within an urbanized
1944area designated for purposes of s. 339.175, a transportation
1945element, which must be prepared and adopted in lieu of the
1946requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
1947and (d) and which shall address the following issues:
1948     1.  Traffic circulation, including major thoroughfares and
1949other routes, including bicycle and pedestrian ways.
1950     2.  All alternative modes of travel, such as public
1951transportation, pedestrian, and bicycle travel.
1952     3.  Parking facilities.
1953     4.  Aviation, rail, seaport facilities, access to those
1954facilities, and intermodal terminals.
1955     5.  The availability of facilities and services to serve
1956existing land uses and the compatibility between future land use
1957and transportation elements.
1958     6.  The capability to evacuate the coastal population prior
1959to an impending natural disaster.
1960     7.  Airports, projected airport and aviation development,
1961and land use compatibility around airports, which includes areas
1962defined in ss. 333.01 and 333.02.
1963     8.  An identification of land use densities, building
1964intensities, and transportation management programs to promote
1965public transportation systems in designated public
1966transportation corridors so as to encourage population densities
1967sufficient to support such systems.
1968     9.  May include transportation corridors, as defined in s.
1969334.03, intended for future transportation facilities designated
1970pursuant to s. 337.273. If transportation corridors are
1971designated, the local government may adopt a transportation
1972corridor management ordinance.
1973     10.  The incorporation of transportation strategies to
1974address reduction in greenhouse gas emissions from the
1975transportation sector.
1976     (k)  An airport master plan, and any subsequent amendments
1977to the airport master plan, prepared by a licensed publicly
1978owned and operated airport under s. 333.06 may be incorporated
1979into the local government comprehensive plan by the local
1980government having jurisdiction under this act for the area in
1981which the airport or projected airport development is located by
1982the adoption of a comprehensive plan amendment. In the amendment
1983to the local comprehensive plan that integrates the airport
1984master plan, the comprehensive plan amendment shall address land
1985use compatibility consistent with chapter 333 regarding airport
1986zoning; the provision of regional transportation facilities for
1987the efficient use and operation of the transportation system and
1988airport; consistency with the local government transportation
1989circulation element and applicable metropolitan planning
1990organization long-range transportation plans; and the execution
1991of any necessary interlocal agreements for the purposes of the
1992provision of public facilities and services to maintain the
1993adopted level-of-service standards for facilities subject to
1994concurrency; and may address airport-related or aviation-related
1995development. Development or expansion of an airport consistent
1996with the adopted airport master plan that has been incorporated
1997into the local comprehensive plan in compliance with this part,
1998and airport-related or aviation-related development that has
1999been addressed in the comprehensive plan amendment that
2000incorporates the airport master plan, shall not be a development
2001of regional impact. Notwithstanding any other general law, an
2002airport that has received a development-of-regional-impact
2003development order pursuant to s. 380.06, but which is no longer
2004required to undergo development-of-regional-impact review
2005pursuant to this subsection, may abandon its development-of-
2006regional-impact order upon written notification to the
2007applicable local government. Upon receipt by the local
2008government, the development-of-regional-impact development order
2009is void.
2010     (7)  The comprehensive plan may include the following
2011additional elements, or portions or phases thereof:
2012     (a)  As a part of the circulation element of paragraph
2013(6)(b) or as a separate element, a mass-transit element showing
2014proposed methods for the moving of people, rights-of-way,
2015terminals, related facilities, and fiscal considerations for the
2016accomplishment of the element.
2017     (b)  As a part of the circulation element of paragraph
2018(6)(b) or as a separate element, plans for port, aviation, and
2019related facilities coordinated with the general circulation and
2020transportation element.
2021     (c)  As a part of the circulation element of paragraph
2022(6)(b) and in coordination with paragraph (6)(e), where
2023applicable, a plan element for the circulation of recreational
2024traffic, including bicycle facilities, exercise trails, riding
2025facilities, and such other matters as may be related to the
2026improvement and safety of movement of all types of recreational
2027traffic.
2028     (d)  As a part of the circulation element of paragraph
2029(6)(b) or as a separate element, a plan element for the
2030development of offstreet parking facilities for motor vehicles
2031and the fiscal considerations for the accomplishment of the
2032element.
2033     (e)  A public buildings and related facilities element
2034showing locations and arrangements of civic and community
2035centers, public schools, hospitals, libraries, police and fire
2036stations, and other public buildings. This plan element should
2037show particularly how it is proposed to effect coordination with
2038governmental units, such as school boards or hospital
2039authorities, having public development and service
2040responsibilities, capabilities, and potential but not having
2041land development regulatory authority. This element may include
2042plans for architecture and landscape treatment of their grounds.
2043     (f)  A recommended community design element which may
2044consist of design recommendations for land subdivision,
2045neighborhood development and redevelopment, design of open space
2046locations, and similar matters to the end that such
2047recommendations may be available as aids and guides to
2048developers in the future planning and development of land in the
2049area.
2050     (g)  A general area redevelopment element consisting of
2051plans and programs for the redevelopment of slums and blighted
2052locations in the area and for community redevelopment, including
2053housing sites, business and industrial sites, public buildings
2054sites, recreational facilities, and other purposes authorized by
2055law.
2056     (h)  A safety element for the protection of residents and
2057property of the area from fire, hurricane, or manmade or natural
2058catastrophe, including such necessary features for protection as
2059evacuation routes and their control in an emergency, water
2060supply requirements, minimum road widths, clearances around and
2061elevations of structures, and similar matters.
2062     (i)  An historical and scenic preservation element setting
2063out plans and programs for those structures or lands in the area
2064having historical, archaeological, architectural, scenic, or
2065similar significance.
2066     (j)  An economic element setting forth principles and
2067guidelines for the commercial and industrial development, if
2068any, and the employment and personnel utilization within the
2069area. The element may detail the type of commercial and
2070industrial development sought, correlated to the present and
2071projected employment needs of the area and to other elements of
2072the plans, and may set forth methods by which a balanced and
2073stable economic base will be pursued.
2074     (k)  Such other elements as may be peculiar to, and
2075necessary for, the area concerned and as are added to the
2076comprehensive plan by the governing body upon the recommendation
2077of the local planning agency.
2078     (l)  Local governments that are not required to prepare
2079coastal management elements under s. 163.3178 are encouraged to
2080adopt hazard mitigation/postdisaster redevelopment plans. These
2081plans should, at a minimum, establish long-term policies
2082regarding redevelopment, infrastructure, densities,
2083nonconforming uses, and future land use patterns. Grants to
2084assist local governments in the preparation of these hazard
2085mitigation/postdisaster redevelopment plans shall be available
2086through the Emergency Management Preparedness and Assistance
2087Account in the Grants and Donations Trust Fund administered by
2088the department, if such account is created by law. The plans
2089must be in compliance with the requirements of this act and
2090chapter 252.
2091     (8)  All elements of the comprehensive plan, whether
2092mandatory or optional, shall be based upon data appropriate to
2093the element involved. Surveys and studies utilized in the
2094preparation of the comprehensive plan shall not be deemed a part
2095of the comprehensive plan unless adopted as a part of it. Copies
2096of such studies, surveys, and supporting documents shall be made
2097available to public inspection, and copies of such plans shall
2098be made available to the public upon payment of reasonable
2099charges for reproduction.
2100     (9)  The state land planning agency shall, by February 15,
21011986, adopt by rule minimum criteria for the review and
2102determination of compliance of the local government
2103comprehensive plan elements required by this act. Such rules
2104shall not be subject to rule challenges under s. 120.56(2) or to
2105drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2106become effective only after they have been submitted to the
2107President of the Senate and the Speaker of the House of
2108Representatives for review by the Legislature no later than 30
2109days prior to the next regular session of the Legislature. In
2110its review the Legislature may reject, modify, or take no action
2111relative to the rules. The agency shall conform the rules to the
2112changes made by the Legislature, or, if no action was taken, the
2113agency rules shall become effective. The rule shall include
2114criteria for determining whether:
2115     (a)  Proposed elements are in compliance with the
2116requirements of part II, as amended by this act.
2117     (b)  Other elements of the comprehensive plan are related
2118to and consistent with each other.
2119     (c)  The local government comprehensive plan elements are
2120consistent with the state comprehensive plan and the appropriate
2121regional policy plan pursuant to s. 186.508.
2122     (d)  Certain bays, estuaries, and harbors that fall under
2123the jurisdiction of more than one local government are managed
2124in a consistent and coordinated manner in the case of local
2125governments required to include a coastal management element in
2126their comprehensive plans pursuant to paragraph (6)(g).
2127     (e)  Proposed elements identify the mechanisms and
2128procedures for monitoring, evaluating, and appraising
2129implementation of the plan. Specific measurable objectives are
2130included to provide a basis for evaluating effectiveness as
2131required by s. 163.3191.
2132     (f)  Proposed elements contain policies to guide future
2133decisions in a consistent manner.
2134     (g)  Proposed elements contain programs and activities to
2135ensure that comprehensive plans are implemented.
2136     (h)  Proposed elements identify the need for and the
2137processes and procedures to ensure coordination of all
2138development activities and services with other units of local
2139government, regional planning agencies, water management
2140districts, and state and federal agencies as appropriate.
2141
2142The state land planning agency may adopt procedural rules that
2143are consistent with this section and chapter 120 for the review
2144of local government comprehensive plan elements required under
2145this section. The state land planning agency shall provide model
2146plans and ordinances and, upon request, other assistance to
2147local governments in the adoption and implementation of their
2148revised local government comprehensive plans. The review and
2149comment provisions applicable prior to October 1, 1985, shall
2150continue in effect until the criteria for review and
2151determination are adopted pursuant to this subsection and the
2152comprehensive plans required by s. 163.3167(2) are due.
2153     (10)  The Legislature recognizes the importance and
2154significance of chapter 9J-5, Florida Administrative Code, the
2155Minimum Criteria for Review of Local Government Comprehensive
2156Plans and Determination of Compliance of the Department of
2157Community Affairs that will be used to determine compliance of
2158local comprehensive plans. The Legislature reserved unto itself
2159the right to review chapter 9J-5, Florida Administrative Code,
2160and to reject, modify, or take no action relative to this rule.
2161Therefore, pursuant to subsection (9), the Legislature hereby
2162has reviewed chapter 9J-5, Florida Administrative Code, and
2163expresses the following legislative intent:
2164     (a)  The Legislature finds that in order for the department
2165to review local comprehensive plans, it is necessary to define
2166the term "consistency." Therefore, for the purpose of
2167determining whether local comprehensive plans are consistent
2168with the state comprehensive plan and the appropriate regional
2169policy plan, a local plan shall be consistent with such plans if
2170the local plan is "compatible with" and "furthers" such plans.
2171The term "compatible with" means that the local plan is not in
2172conflict with the state comprehensive plan or appropriate
2173regional policy plan. The term "furthers" means to take action
2174in the direction of realizing goals or policies of the state or
2175regional plan. For the purposes of determining consistency of
2176the local plan with the state comprehensive plan or the
2177appropriate regional policy plan, the state or regional plan
2178shall be construed as a whole and no specific goal and policy
2179shall be construed or applied in isolation from the other goals
2180and policies in the plans.
2181     (b)  Each local government shall review all the state
2182comprehensive plan goals and policies and shall address in its
2183comprehensive plan the goals and policies which are relevant to
2184the circumstances or conditions in its jurisdiction. The
2185decision regarding which particular state comprehensive plan
2186goals and policies will be furthered by the expenditure of a
2187local government's financial resources in any given year is a
2188decision which rests solely within the discretion of the local
2189government. Intergovernmental coordination, as set forth in
2190paragraph (6)(h), shall be utilized to the extent required to
2191carry out the provisions of chapter 9J-5, Florida Administrative
2192Code.
2193     (c)  The Legislature declares that if any portion of
2194chapter 9J-5, Florida Administrative Code, is found to be in
2195conflict with this part, the appropriate statutory provision
2196shall prevail.
2197     (d)  Chapter 9J-5, Florida Administrative Code, does not
2198mandate the creation, limitation, or elimination of regulatory
2199authority, nor does it authorize the adoption or require the
2200repeal of any rules, criteria, or standards of any local,
2201regional, or state agency.
2202     (e)  It is the Legislature's intent that support data or
2203summaries thereof shall not be subject to the compliance review
2204process, but the Legislature intends that goals and policies be
2205clearly based on appropriate data. The department may utilize
2206support data or summaries thereof to aid in its determination of
2207compliance and consistency. The Legislature intends that the
2208department may evaluate the application of a methodology
2209utilized in data collection or whether a particular methodology
2210is professionally accepted. However, the department shall not
2211evaluate whether one accepted methodology is better than
2212another. Chapter 9J-5, Florida Administrative Code, shall not be
2213construed to require original data collection by local
2214governments; however, Local governments are not to be
2215discouraged from utilizing original data so long as
2216methodologies are professionally accepted.
2217     (f)  The Legislature recognizes that under this section,
2218local governments are charged with setting levels of service for
2219public facilities in their comprehensive plans in accordance
2220with which development orders and permits will be issued
2221pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2222the authority of state, regional, or local agencies as otherwise
2223provided by law.
2224     (g)  Definitions contained in chapter 9J-5, Florida
2225Administrative Code, are not intended to modify or amend the
2226definitions utilized for purposes of other programs or rules or
2227to establish or limit regulatory authority. Local governments
2228may establish alternative definitions in local comprehensive
2229plans, as long as such definitions accomplish the intent of this
2230chapter, and chapter 9J-5, Florida Administrative Code.
2231     (h)  It is the intent of the Legislature that public
2232facilities and services needed to support development shall be
2233available concurrent with the impacts of such development in
2234accordance with s. 163.3180. In meeting this intent, public
2235facility and service availability shall be deemed sufficient if
2236the public facilities and services for a development are phased,
2237or the development is phased, so that the public facilities and
2238those related services which are deemed necessary by the local
2239government to operate the facilities necessitated by that
2240development are available concurrent with the impacts of the
2241development. The public facilities and services, unless already
2242available, are to be consistent with the capital improvements
2243element of the local comprehensive plan as required by paragraph
2244(3)(a) or guaranteed in an enforceable development agreement.
2245This shall include development agreements pursuant to this
2246chapter or in an agreement or a development order issued
2247pursuant to chapter 380. Nothing herein shall be construed to
2248require a local government to address services in its capital
2249improvements plan or to limit a local government's ability to
2250address any service in its capital improvements plan that it
2251deems necessary.
2252     (i)  The department shall take into account the factors
2253delineated in rule 9J-5.002(2), Florida Administrative Code, as
2254it provides assistance to local governments and applies the rule
2255in specific situations with regard to the detail of the data and
2256analysis required.
2257     (j)  Chapter 9J-5, Florida Administrative Code, has become
2258effective pursuant to subsection (9). The Legislature hereby
2259directs the department to adopt amendments as necessary which
2260conform chapter 9J-5, Florida Administrative Code, with the
2261requirements of this legislative intent by October 1, 1986.
2262     (k)  In order for local governments to prepare and adopt
2263comprehensive plans with knowledge of the rules that are applied
2264to determine consistency of the plans with this part, there
2265should be no doubt as to the legal standing of chapter 9J-5,
2266Florida Administrative Code, at the close of the 1986
2267legislative session. Therefore, the Legislature declares that
2268changes made to chapter 9J-5 before October 1, 1986, are not
2269subject to rule challenges under s. 120.56(2), or to drawout
2270proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2271Florida Administrative Code, as amended, is subject to rule
2272challenges under s. 120.56(3), as nothing herein indicates
2273approval or disapproval of any portion of chapter 9J-5 not
2274specifically addressed herein. Any amendments to chapter 9J-5,
2275Florida Administrative Code, exclusive of the amendments adopted
2276prior to October 1, 1986, pursuant to this act, shall be subject
2277to the full chapter 120 process. All amendments shall have
2278effective dates as provided in chapter 120 and submission to the
2279President of the Senate and Speaker of the House of
2280Representatives shall not be required.
2281     (l)  The state land planning agency shall consider land use
2282compatibility issues in the vicinity of all airports in
2283coordination with the Department of Transportation and adjacent
2284to or in close proximity to all military installations in
2285coordination with the Department of Defense.
2286     (11)(a)  The Legislature recognizes the need for innovative
2287planning and development strategies which will address the
2288anticipated demands of continued urbanization of Florida's
2289coastal and other environmentally sensitive areas, and which
2290will accommodate the development of less populated regions of
2291the state which seek economic development and which have
2292suitable land and water resources to accommodate growth in an
2293environmentally acceptable manner. The Legislature further
2294recognizes the substantial advantages of innovative approaches
2295to development which may better serve to protect environmentally
2296sensitive areas, maintain the economic viability of agricultural
2297and other predominantly rural land uses, and provide for the
2298cost-efficient delivery of public facilities and services.
2299     (b)  It is the intent of the Legislature that the local
2300government comprehensive plans and plan amendments adopted
2301pursuant to the provisions of this part provide for a planning
2302process which allows for land use efficiencies within existing
2303urban areas and which also allows for the conversion of rural
2304lands to other uses, where appropriate and consistent with the
2305other provisions of this part and the affected local
2306comprehensive plans, through the application of innovative and
2307flexible planning and development strategies and creative land
2308use planning techniques, which may include, but not be limited
2309to, urban villages, new towns, satellite communities, area-based
2310allocations, clustering and open space provisions, mixed-use
2311development, and sector planning.
2312     (c)  It is the further intent of the Legislature that local
2313government comprehensive plans and implementing land development
2314regulations shall provide strategies which maximize the use of
2315existing facilities and services through redevelopment, urban
2316infill development, and other strategies for urban
2317revitalization.
2318     (d)1.  The department, in cooperation with the Department
2319of Agriculture and Consumer Services, the Department of
2320Environmental Protection, water management districts, and
2321regional planning councils, shall provide assistance to local
2322governments in the implementation of this paragraph and rule 9J-
23235.006(5)(l), Florida Administrative Code. Implementation of
2324those provisions shall include a process by which the department
2325may authorize local governments to designate all or portions of
2326lands classified in the future land use element as predominantly
2327agricultural, rural, open, open-rural, or a substantively
2328equivalent land use, as a rural land stewardship area within
2329which planning and economic incentives are applied to encourage
2330the implementation of innovative and flexible planning and
2331development strategies and creative land use planning
2332techniques, including those contained herein and in rule 9J-
23335.006(5)(l), Florida Administrative Code. Assistance may
2334include, but is not limited to:
2335     a.  Assistance from the Department of Environmental
2336Protection and water management districts in creating the
2337geographic information systems land cover database and aerial
2338photogrammetry needed to prepare for a rural land stewardship
2339area;
2340     b.  Support for local government implementation of rural
2341land stewardship concepts by providing information and
2342assistance to local governments regarding land acquisition
2343programs that may be used by the local government or landowners
2344to leverage the protection of greater acreage and maximize the
2345effectiveness of rural land stewardship areas; and
2346     c.  Expansion of the role of the Department of Community
2347Affairs as a resource agency to facilitate establishment of
2348rural land stewardship areas in smaller rural counties that do
2349not have the staff or planning budgets to create a rural land
2350stewardship area.
2351     2.  The department shall encourage participation by local
2352governments of different sizes and rural characteristics in
2353establishing and implementing rural land stewardship areas. It
2354is the intent of the Legislature that rural land stewardship
2355areas be used to further the following broad principles of rural
2356sustainability: restoration and maintenance of the economic
2357value of rural land; control of urban sprawl; identification and
2358protection of ecosystems, habitats, and natural resources;
2359promotion of rural economic activity; maintenance of the
2360viability of Florida's agricultural economy; and protection of
2361the character of rural areas of Florida. Rural land stewardship
2362areas may be multicounty in order to encourage coordinated
2363regional stewardship planning.
2364     3.  A local government, in conjunction with a regional
2365planning council, a stakeholder organization of private land
2366owners, or another local government, shall notify the department
2367in writing of its intent to designate a rural land stewardship
2368area. The written notification shall describe the basis for the
2369designation, including the extent to which the rural land
2370stewardship area enhances rural land values, controls urban
2371sprawl, provides necessary open space for agriculture and
2372protection of the natural environment, promotes rural economic
2373activity, and maintains rural character and the economic
2374viability of agriculture.
2375     4.  A rural land stewardship area shall be not less than
237610,000 acres and shall be located outside of municipalities and
2377established urban growth boundaries, and shall be designated by
2378plan amendment. The plan amendment designating a rural land
2379stewardship area shall be subject to review by the Department of
2380Community Affairs pursuant to s. 163.3184 and shall provide for
2381the following:
2382     a.  Criteria for the designation of receiving areas within
2383rural land stewardship areas in which innovative planning and
2384development strategies may be applied. Criteria shall at a
2385minimum provide for the following: adequacy of suitable land to
2386accommodate development so as to avoid conflict with
2387environmentally sensitive areas, resources, and habitats;
2388compatibility between and transition from higher density uses to
2389lower intensity rural uses; the establishment of receiving area
2390service boundaries which provide for a separation between
2391receiving areas and other land uses within the rural land
2392stewardship area through limitations on the extension of
2393services; and connection of receiving areas with the rest of the
2394rural land stewardship area using rural design and rural road
2395corridors.
2396     b.  Goals, objectives, and policies setting forth the
2397innovative planning and development strategies to be applied
2398within rural land stewardship areas pursuant to the provisions
2399of this section.
2400     c.  A process for the implementation of innovative planning
2401and development strategies within the rural land stewardship
2402area, including those described in this subsection and rule 9J-
24035.006(5)(l), Florida Administrative Code, which provide for a
2404functional mix of land uses, including adequate available
2405workforce housing, including low, very-low and moderate income
2406housing for the development anticipated in the receiving area
2407and which are applied through the adoption by the local
2408government of zoning and land development regulations applicable
2409to the rural land stewardship area.
2410     d.  A process which encourages visioning pursuant to s.
2411163.3167(11) to ensure that innovative planning and development
2412strategies comply with the provisions of this section.
2413     e.  The control of sprawl through the use of innovative
2414strategies and creative land use techniques consistent with the
2415provisions of this subsection and rule 9J-5.006(5)(l), Florida
2416Administrative Code.
2417     5.  A receiving area shall be designated by the adoption of
2418a land development regulation. Prior to the designation of a
2419receiving area, the local government shall provide the
2420Department of Community Affairs a period of 30 days in which to
2421review a proposed receiving area for consistency with the rural
2422land stewardship area plan amendment and to provide comments to
2423the local government. At the time of designation of a
2424stewardship receiving area, a listed species survey will be
2425performed. If listed species occur on the receiving area site,
2426the developer shall coordinate with each appropriate local,
2427state, or federal agency to determine if adequate provisions
2428have been made to protect those species in accordance with
2429applicable regulations. In determining the adequacy of
2430provisions for the protection of listed species and their
2431habitats, the rural land stewardship area shall be considered as
2432a whole, and the impacts to areas to be developed as receiving
2433areas shall be considered together with the environmental
2434benefits of areas protected as sending areas in fulfilling this
2435criteria.
2436     6.  Upon the adoption of a plan amendment creating a rural
2437land stewardship area, the local government shall, by ordinance,
2438establish the methodology for the creation, conveyance, and use
2439of transferable rural land use credits, otherwise referred to as
2440stewardship credits, the application of which shall not
2441constitute a right to develop land, nor increase density of
2442land, except as provided by this section. The total amount of
2443transferable rural land use credits within the rural land
2444stewardship area must enable the realization of the long-term
2445vision and goals for the 25-year or greater projected population
2446of the rural land stewardship area, which may take into
2447consideration the anticipated effect of the proposed receiving
2448areas. Transferable rural land use credits are subject to the
2449following limitations:
2450     a.  Transferable rural land use credits may only exist
2451within a rural land stewardship area.
2452     b.  Transferable rural land use credits may only be used on
2453lands designated as receiving areas and then solely for the
2454purpose of implementing innovative planning and development
2455strategies and creative land use planning techniques adopted by
2456the local government pursuant to this section.
2457     c.  Transferable rural land use credits assigned to a
2458parcel of land within a rural land stewardship area shall cease
2459to exist if the parcel of land is removed from the rural land
2460stewardship area by plan amendment.
2461     d.  Neither the creation of the rural land stewardship area
2462by plan amendment nor the assignment of transferable rural land
2463use credits by the local government shall operate to displace
2464the underlying density of land uses assigned to a parcel of land
2465within the rural land stewardship area; however, if transferable
2466rural land use credits are transferred from a parcel for use
2467within a designated receiving area, the underlying density
2468assigned to the parcel of land shall cease to exist.
2469     e.  The underlying density on each parcel of land located
2470within a rural land stewardship area shall not be increased or
2471decreased by the local government, except as a result of the
2472conveyance or use of transferable rural land use credits, as
2473long as the parcel remains within the rural land stewardship
2474area.
2475     f.  Transferable rural land use credits shall cease to
2476exist on a parcel of land where the underlying density assigned
2477to the parcel of land is utilized.
2478     g.  An increase in the density of use on a parcel of land
2479located within a designated receiving area may occur only
2480through the assignment or use of transferable rural land use
2481credits and shall not require a plan amendment.
2482     h.  A change in the density of land use on parcels located
2483within receiving areas shall be specified in a development order
2484which reflects the total number of transferable rural land use
2485credits assigned to the parcel of land and the infrastructure
2486and support services necessary to provide for a functional mix
2487of land uses corresponding to the plan of development.
2488     i.  Land within a rural land stewardship area may be
2489removed from the rural land stewardship area through a plan
2490amendment.
2491     j.  Transferable rural land use credits may be assigned at
2492different ratios of credits per acre according to the natural
2493resource or other beneficial use characteristics of the land and
2494according to the land use remaining following the transfer of
2495credits, with the highest number of credits per acre assigned to
2496the most environmentally valuable land or, in locations where
2497the retention of open space and agricultural land is a priority,
2498to such lands.
2499     k.  The use or conveyance of transferable rural land use
2500credits must be recorded in the public records of the county in
2501which the property is located as a covenant or restrictive
2502easement running with the land in favor of the county and either
2503the Department of Environmental Protection, Department of
2504Agriculture and Consumer Services, a water management district,
2505or a recognized statewide land trust.
2506     7.  Owners of land within rural land stewardship areas
2507should be provided incentives to enter into rural land
2508stewardship agreements, pursuant to existing law and rules
2509adopted thereto, with state agencies, water management
2510districts, and local governments to achieve mutually agreed upon
2511conservation objectives. Such incentives may include, but not be
2512limited to, the following:
2513     a.  Opportunity to accumulate transferable mitigation
2514credits.
2515     b.  Extended permit agreements.
2516     c.  Opportunities for recreational leases and ecotourism.
2517     d.  Payment for specified land management services on
2518publicly owned land, or property under covenant or restricted
2519easement in favor of a public entity.
2520     e.  Option agreements for sale to public entities or
2521private land conservation entities, in either fee or easement,
2522upon achievement of conservation objectives.
2523     8.  The department shall report to the Legislature on an
2524annual basis on the results of implementation of rural land
2525stewardship areas authorized by the department, including
2526successes and failures in achieving the intent of the
2527Legislature as expressed in this paragraph.
2528     (e)  The Legislature finds that mixed-use, high-density
2529development is appropriate for urban infill and redevelopment
2530areas. Mixed-use projects accommodate a variety of uses,
2531including residential and commercial, and usually at higher
2532densities that promote pedestrian-friendly, sustainable
2533communities. The Legislature recognizes that mixed-use, high-
2534density development improves the quality of life for residents
2535and businesses in urban areas. The Legislature finds that mixed-
2536use, high-density redevelopment and infill benefits residents by
2537creating a livable community with alternative modes of
2538transportation. Furthermore, the Legislature finds that local
2539zoning ordinances often discourage mixed-use, high-density
2540development in areas that are appropriate for urban infill and
2541redevelopment. The Legislature intends to discourage single-use
2542zoning in urban areas which often leads to lower-density, land-
2543intensive development outside an urban service area. Therefore,
2544the Department of Community Affairs shall provide technical
2545assistance to local governments in order to encourage mixed-use,
2546high-density urban infill and redevelopment projects.
2547     (f)  The Legislature finds that a program for the transfer
2548of development rights is a useful tool to preserve historic
2549buildings and create public open spaces in urban areas. A
2550program for the transfer of development rights allows the
2551transfer of density credits from historic properties and public
2552open spaces to areas designated for high-density development.
2553The Legislature recognizes that high-density development is
2554integral to the success of many urban infill and redevelopment
2555projects. The Legislature intends to encourage high-density
2556urban infill and redevelopment while preserving historic
2557structures and open spaces. Therefore, the Department of
2558Community Affairs shall provide technical assistance to local
2559governments in order to promote the transfer of development
2560rights within urban areas for high-density infill and
2561redevelopment projects.
2562     (g)  The implementation of this subsection shall be subject
2563to the provisions of this chapter, chapters 186 and 187, and
2564applicable agency rules.
2565     (h)  The department may adopt rules necessary to implement
2566the provisions of this subsection.
2567     (12)  A public school facilities element adopted to
2568implement a school concurrency program shall meet the
2569requirements of this subsection. Each county and each
2570municipality within the county, unless exempt or subject to a
2571waiver, must adopt a public school facilities element that is
2572consistent with those adopted by the other local governments
2573within the county and enter the interlocal agreement pursuant to
2574s. 163.31777.
2575     (a)  The state land planning agency may provide a waiver to
2576a county and to the municipalities within the county if the
2577capacity rate for all schools within the school district is no
2578greater than 100 percent and the projected 5-year capital outlay
2579full-time equivalent student growth rate is less than 10
2580percent. The state land planning agency may allow for a
2581projected 5-year capital outlay full-time equivalent student
2582growth rate to exceed 10 percent when the projected 10-year
2583capital outlay full-time equivalent student enrollment is less
2584than 2,000 students and the capacity rate for all schools within
2585the school district in the tenth year will not exceed the 100-
2586percent limitation. The state land planning agency may allow for
2587a single school to exceed the 100-percent limitation if it can
2588be demonstrated that the capacity rate for that single school is
2589not greater than 105 percent. In making this determination, the
2590state land planning agency shall consider the following
2591criteria:
2592     1.  Whether the exceedance is due to temporary
2593circumstances;
2594     2.  Whether the projected 5-year capital outlay full time
2595equivalent student growth rate for the school district is
2596approaching the 10-percent threshold;
2597     3.  Whether one or more additional schools within the
2598school district are at or approaching the 100-percent threshold;
2599and
2600     4.  The adequacy of the data and analysis submitted to
2601support the waiver request.
2602     (b)  A municipality in a nonexempt county is exempt if the
2603municipality meets all of the following criteria for having no
2604significant impact on school attendance:
2605     1.  The municipality has issued development orders for
2606fewer than 50 residential dwelling units during the preceding 5
2607years, or the municipality has generated fewer than 25
2608additional public school students during the preceding 5 years.
2609     2.  The municipality has not annexed new land during the
2610preceding 5 years in land use categories that permit residential
2611uses that will affect school attendance rates.
2612     3.  The municipality has no public schools located within
2613its boundaries.
2614     (c)  A public school facilities element shall be based upon
2615data and analyses that address, among other items, how level-of-
2616service standards will be achieved and maintained. Such data and
2617analyses must include, at a minimum, such items as: the
2618interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2619year school district facilities work program adopted pursuant to
2620s. 1013.35; the educational plant survey prepared pursuant to s.
26211013.31 and an existing educational and ancillary plant map or
2622map series; information on existing development and development
2623anticipated for the next 5 years and the long-term planning
2624period; an analysis of problems and opportunities for existing
2625schools and schools anticipated in the future; an analysis of
2626opportunities to collocate future schools with other public
2627facilities such as parks, libraries, and community centers; an
2628analysis of the need for supporting public facilities for
2629existing and future schools; an analysis of opportunities to
2630locate schools to serve as community focal points; projected
2631future population and associated demographics, including
2632development patterns year by year for the upcoming 5-year and
2633long-term planning periods; and anticipated educational and
2634ancillary plants with land area requirements.
2635     (d)  The element shall contain one or more goals which
2636establish the long-term end toward which public school programs
2637and activities are ultimately directed.
2638     (e)  The element shall contain one or more objectives for
2639each goal, setting specific, measurable, intermediate ends that
2640are achievable and mark progress toward the goal.
2641     (f)  The element shall contain one or more policies for
2642each objective which establish the way in which programs and
2643activities will be conducted to achieve an identified goal.
2644     (g)  The objectives and policies shall address items such
2645as:
2646     1.  The procedure for an annual update process;
2647     2.  The procedure for school site selection;
2648     3.  The procedure for school permitting;
2649     4.  Provision for infrastructure necessary to support
2650proposed schools, including potable water, wastewater, drainage,
2651solid waste, transportation, and means by which to assure safe
2652access to schools, including sidewalks, bicycle paths, turn
2653lanes, and signalization;
2654     5.  Provision for colocation of other public facilities,
2655such as parks, libraries, and community centers, in proximity to
2656public schools;
2657     6.  Provision for location of schools proximate to
2658residential areas and to complement patterns of development,
2659including the location of future school sites so they serve as
2660community focal points;
2661     7.  Measures to ensure compatibility of school sites and
2662surrounding land uses;
2663     8.  Coordination with adjacent local governments and the
2664school district on emergency preparedness issues, including the
2665use of public schools to serve as emergency shelters; and
2666     9.  Coordination with the future land use element.
2667     (h)  The element shall include one or more future
2668conditions maps which depict the anticipated location of
2669educational and ancillary plants, including the general location
2670of improvements to existing schools or new schools anticipated
2671over the 5-year or long-term planning period. The maps will of
2672necessity be general for the long-term planning period and more
2673specific for the 5-year period. Maps indicating general
2674locations of future schools or school improvements may not
2675prescribe a land use on a particular parcel of land.
2676     (i)  The state land planning agency shall establish a
2677phased schedule for adoption of the public school facilities
2678element and the required updates to the public schools
2679interlocal agreement pursuant to s. 163.31777. The schedule
2680shall provide for each county and local government within the
2681county to adopt the element and update to the agreement no later
2682than December 1, 2008. Plan amendments to adopt a public school
2683facilities element are exempt from the provisions of s.
2684163.3187(1).
2685     (j)  The state land planning agency may issue a notice to
2686the school board and the local government to show cause why
2687sanctions should not be enforced for failure to enter into an
2688approved interlocal agreement as required by s. 163.31777 or for
2689failure to implement provisions relating to public school
2690concurrency. If the state land planning agency finds that
2691insufficient cause exists for the school board's or local
2692government's failure to enter into an approved interlocal
2693agreement as required by s. 163.31777 or for the school board's
2694or local government's failure to implement the provisions
2695relating to public school concurrency, the state land planning
2696agency shall submit its finding to the Administration Commission
2697which may impose on the local government any of the sanctions
2698set forth in s. 163.3184(11)(a) and (b) and may impose on the
2699district school board any of the sanctions set forth in s.
27001008.32(4).
2701     (13)  Local governments are encouraged to develop a
2702community vision that provides for sustainable growth,
2703recognizes its fiscal constraints, and protects its natural
2704resources. At the request of a local government, the applicable
2705regional planning council shall provide assistance in the
2706development of a community vision.
2707     (a)  As part of the process of developing a community
2708vision under this section, the local government must hold two
2709public meetings with at least one of those meetings before the
2710local planning agency. Before those public meetings, the local
2711government must hold at least one public workshop with
2712stakeholder groups such as neighborhood associations, community
2713organizations, businesses, private property owners, housing and
2714development interests, and environmental organizations.
2715     (b)  The local government must, at a minimum, discuss five
2716of the following topics as part of the workshops and public
2717meetings required under paragraph (a):
2718     1.  Future growth in the area using population forecasts
2719from the Bureau of Economic and Business Research;
2720     2.  Priorities for economic development;
2721     3.  Preservation of open space, environmentally sensitive
2722lands, and agricultural lands;
2723     4.  Appropriate areas and standards for mixed-use
2724development;
2725     5.  Appropriate areas and standards for high-density
2726commercial and residential development;
2727     6.  Appropriate areas and standards for economic
2728development opportunities and employment centers;
2729     7.  Provisions for adequate workforce housing;
2730     8.  An efficient, interconnected multimodal transportation
2731system; and
2732     9.  Opportunities to create land use patterns that
2733accommodate the issues listed in subparagraphs 1.-8.
2734     (c)  As part of the workshops and public meetings, the
2735local government must discuss strategies for addressing the
2736topics discussed under paragraph (b), including:
2737     1.  Strategies to preserve open space and environmentally
2738sensitive lands, and to encourage a healthy agricultural
2739economy, including innovative planning and development
2740strategies, such as the transfer of development rights;
2741     2.  Incentives for mixed-use development, including
2742increased height and intensity standards for buildings that
2743provide residential use in combination with office or commercial
2744space;
2745     3.  Incentives for workforce housing;
2746     4.  Designation of an urban service boundary pursuant to
2747subsection (2); and
2748     5.  Strategies to provide mobility within the community and
2749to protect the Strategic Intermodal System, including the
2750development of a transportation corridor management plan under
2751s. 337.273.
2752     (d)  The community vision must reflect the community's
2753shared concept for growth and development of the community,
2754including visual representations depicting the desired land use
2755patterns and character of the community during a 10-year
2756planning timeframe. The community vision must also take into
2757consideration economic viability of the vision and private
2758property interests.
2759     (e)  After the workshops and public meetings required under
2760paragraph (a) are held, the local government may amend its
2761comprehensive plan to include the community vision as a
2762component in the plan. This plan amendment must be transmitted
2763and adopted pursuant to the procedures in ss. 163.3184 and
2764163.3189 at public hearings of the governing body other than
2765those identified in paragraph (a).
2766     (f)  Amendments submitted under this subsection are exempt
2767from the limitation on the frequency of plan amendments in s.
2768163.3187.
2769     (g)  A local government that has developed a community
2770vision or completed a visioning process after July 1, 2000, and
2771before July 1, 2005, which substantially accomplishes the goals
2772set forth in this subsection and the appropriate goals,
2773policies, or objectives have been adopted as part of the
2774comprehensive plan or reflected in subsequently adopted land
2775development regulations and the plan amendment incorporating the
2776community vision as a component has been found in compliance is
2777eligible for the incentives in s. 163.3184(17).
2778     (14)  Local governments are also encouraged to designate an
2779urban service boundary. This area must be appropriate for
2780compact, contiguous urban development within a 10-year planning
2781timeframe. The urban service area boundary must be identified on
2782the future land use map or map series. The local government
2783shall demonstrate that the land included within the urban
2784service boundary is served or is planned to be served with
2785adequate public facilities and services based on the local
2786government's adopted level-of-service standards by adopting a
278710-year facilities plan in the capital improvements element
2788which is financially feasible. The local government shall
2789demonstrate that the amount of land within the urban service
2790boundary does not exceed the amount of land needed to
2791accommodate the projected population growth at densities
2792consistent with the adopted comprehensive plan within the 10-
2793year planning timeframe.
2794     (a)  As part of the process of establishing an urban
2795service boundary, the local government must hold two public
2796meetings with at least one of those meetings before the local
2797planning agency. Before those public meetings, the local
2798government must hold at least one public workshop with
2799stakeholder groups such as neighborhood associations, community
2800organizations, businesses, private property owners, housing and
2801development interests, and environmental organizations.
2802     (b)1.  After the workshops and public meetings required
2803under paragraph (a) are held, the local government may amend its
2804comprehensive plan to include the urban service boundary. This
2805plan amendment must be transmitted and adopted pursuant to the
2806procedures in ss. 163.3184 and 163.3189 at meetings of the
2807governing body other than those required under paragraph (a).
2808     2.  This subsection does not prohibit new development
2809outside an urban service boundary. However, a local government
2810that establishes an urban service boundary under this subsection
2811is encouraged to require a full-cost-accounting analysis for any
2812new development outside the boundary and to consider the results
2813of that analysis when adopting a plan amendment for property
2814outside the established urban service boundary.
2815     (c)  Amendments submitted under this subsection are exempt
2816from the limitation on the frequency of plan amendments in s.
2817163.3187.
2818     (d)  A local government that has adopted an urban service
2819boundary before July 1, 2005, which substantially accomplishes
2820the goals set forth in this subsection is not required to comply
2821with paragraph (a) or subparagraph 1. of paragraph (b) in order
2822to be eligible for the incentives under s. 163.3184(17). In
2823order to satisfy the provisions of this paragraph, the local
2824government must secure a determination from the state land
2825planning agency that the urban service boundary adopted before
2826July 1, 2005, substantially complies with the criteria of this
2827subsection, based on data and analysis submitted by the local
2828government to support this determination. The determination by
2829the state land planning agency is not subject to administrative
2830challenge.
2831     (7)(15)(a)  The Legislature finds that:
2832     1.  There are a number of rural agricultural industrial
2833centers in the state that process, produce, or aid in the
2834production or distribution of a variety of agriculturally based
2835products, including, but not limited to, fruits, vegetables,
2836timber, and other crops, and juices, paper, and building
2837materials. Rural agricultural industrial centers have a
2838significant amount of existing associated infrastructure that is
2839used for processing, producing, or distributing agricultural
2840products.
2841     2.  Such rural agricultural industrial centers are often
2842located within or near communities in which the economy is
2843largely dependent upon agriculture and agriculturally based
2844products. The centers significantly enhance the economy of such
2845communities. However, these agriculturally based communities are
2846often socioeconomically challenged and designated as rural areas
2847of critical economic concern. If such rural agricultural
2848industrial centers are lost and not replaced with other job-
2849creating enterprises, the agriculturally based communities will
2850lose a substantial amount of their economies.
2851     3.  The state has a compelling interest in preserving the
2852viability of agriculture and protecting rural agricultural
2853communities and the state from the economic upheaval that would
2854result from short-term or long-term adverse changes in the
2855agricultural economy. To protect these communities and promote
2856viable agriculture for the long term, it is essential to
2857encourage and permit diversification of existing rural
2858agricultural industrial centers by providing for jobs that are
2859not solely dependent upon, but are compatible with and
2860complement, existing agricultural industrial operations and to
2861encourage the creation and expansion of industries that use
2862agricultural products in innovative ways. However, the expansion
2863and diversification of these existing centers must be
2864accomplished in a manner that does not promote urban sprawl into
2865surrounding agricultural and rural areas.
2866     (b)  As used in this subsection, the term "rural
2867agricultural industrial center" means a developed parcel of land
2868in an unincorporated area on which there exists an operating
2869agricultural industrial facility or facilities that employ at
2870least 200 full-time employees in the aggregate and process and
2871prepare for transport a farm product, as defined in s. 163.3162,
2872or any biomass material that could be used, directly or
2873indirectly, for the production of fuel, renewable energy,
2874bioenergy, or alternative fuel as defined by law. The center may
2875also include land contiguous to the facility site which is not
2876used for the cultivation of crops, but on which other existing
2877activities essential to the operation of such facility or
2878facilities are located or conducted. The parcel of land must be
2879located within, or within 10 miles of, a rural area of critical
2880economic concern.
2881     (c)1.  A landowner whose land is located within a rural
2882agricultural industrial center may apply for an amendment to the
2883local government comprehensive plan for the purpose of
2884designating and expanding the existing agricultural industrial
2885uses of facilities located within the center or expanding the
2886existing center to include industrial uses or facilities that
2887are not dependent upon but are compatible with agriculture and
2888the existing uses and facilities. A local government
2889comprehensive plan amendment under this paragraph must:
2890     a.  Not increase the physical area of the existing rural
2891agricultural industrial center by more than 50 percent or 320
2892acres, whichever is greater.
2893     b.  Propose a project that would, upon completion, create
2894at least 50 new full-time jobs.
2895     c.  Demonstrate that sufficient infrastructure capacity
2896exists or will be provided to support the expanded center at the
2897level-of-service standards adopted in the local government
2898comprehensive plan.
2899     d.  Contain goals, objectives, and policies that will
2900ensure that any adverse environmental impacts of the expanded
2901center will be adequately addressed and mitigation implemented
2902or demonstrate that the local government comprehensive plan
2903contains such provisions.
2904     2.  Within 6 months after receiving an application as
2905provided in this paragraph, the local government shall transmit
2906the application to the state land planning agency for review
2907pursuant to this chapter together with any needed amendments to
2908the applicable sections of its comprehensive plan to include
2909goals, objectives, and policies that provide for the expansion
2910of rural agricultural industrial centers and discourage urban
2911sprawl in the surrounding areas. Such goals, objectives, and
2912policies must promote and be consistent with the findings in
2913this subsection. An amendment that meets the requirements of
2914this subsection is presumed not to be urban sprawl as defined in
2915s. 163.3164 and shall be considered within 90 days after any
2916review required by the state land planning agency if required by
2917s. 163.3184. consistent with rule 9J-5.006(5), Florida
2918Administrative Code. This presumption may be rebutted by a
2919preponderance of the evidence.
2920     (d)  This subsection does not apply to an optional sector
2921plan adopted pursuant to s. 163.3245, a rural land stewardship
2922area designated pursuant to s. 163.3248 subsection (11), or any
2923comprehensive plan amendment that includes an inland port
2924terminal or affiliated port development.
2925     (e)  Nothing in this subsection shall be construed to
2926confer the status of rural area of critical economic concern, or
2927any of the rights or benefits derived from such status, on any
2928land area not otherwise designated as such pursuant to s.
2929288.0656(7).
2930     Section 13.  Section 163.31777, Florida Statutes, is
2931amended to read:
2932     163.31777  Public schools interlocal agreement.-
2933     (1)(a)  The county and municipalities located within the
2934geographic area of a school district shall enter into an
2935interlocal agreement with the district school board which
2936jointly establishes the specific ways in which the plans and
2937processes of the district school board and the local governments
2938are to be coordinated. The interlocal agreements shall be
2939submitted to the state land planning agency and the Office of
2940Educational Facilities in accordance with a schedule published
2941by the state land planning agency.
2942     (b)  The schedule must establish staggered due dates for
2943submission of interlocal agreements that are executed by both
2944the local government and the district school board, commencing
2945on March 1, 2003, and concluding by December 1, 2004, and must
2946set the same date for all governmental entities within a school
2947district. However, if the county where the school district is
2948located contains more than 20 municipalities, the state land
2949planning agency may establish staggered due dates for the
2950submission of interlocal agreements by these municipalities. The
2951schedule must begin with those areas where both the number of
2952districtwide capital-outlay full-time-equivalent students equals
295380 percent or more of the current year's school capacity and the
2954projected 5-year student growth is 1,000 or greater, or where
2955the projected 5-year student growth rate is 10 percent or
2956greater.
2957     (c)  If the student population has declined over the 5-year
2958period preceding the due date for submittal of an interlocal
2959agreement by the local government and the district school board,
2960the local government and the district school board may petition
2961the state land planning agency for a waiver of one or more
2962requirements of subsection (2). The waiver must be granted if
2963the procedures called for in subsection (2) are unnecessary
2964because of the school district's declining school age
2965population, considering the district's 5-year facilities work
2966program prepared pursuant to s. 1013.35. The state land planning
2967agency may modify or revoke the waiver upon a finding that the
2968conditions upon which the waiver was granted no longer exist.
2969The district school board and local governments must submit an
2970interlocal agreement within 1 year after notification by the
2971state land planning agency that the conditions for a waiver no
2972longer exist.
2973     (d)  Interlocal agreements between local governments and
2974district school boards adopted pursuant to s. 163.3177 before
2975the effective date of this section must be updated and executed
2976pursuant to the requirements of this section, if necessary.
2977Amendments to interlocal agreements adopted pursuant to this
2978section must be submitted to the state land planning agency
2979within 30 days after execution by the parties for review
2980consistent with this section. Local governments and the district
2981school board in each school district are encouraged to adopt a
2982single interlocal agreement to which all join as parties. The
2983state land planning agency shall assemble and make available
2984model interlocal agreements meeting the requirements of this
2985section and notify local governments and, jointly with the
2986Department of Education, the district school boards of the
2987requirements of this section, the dates for compliance, and the
2988sanctions for noncompliance. The state land planning agency
2989shall be available to informally review proposed interlocal
2990agreements. If the state land planning agency has not received a
2991proposed interlocal agreement for informal review, the state
2992land planning agency shall, at least 60 days before the deadline
2993for submission of the executed agreement, renotify the local
2994government and the district school board of the upcoming
2995deadline and the potential for sanctions.
2996     (2)  At a minimum, the interlocal agreement must address
2997interlocal-agreement requirements in s. 163.3180(13)(g), except
2998for exempt local governments as provided in s. 163.3177(12), and
2999must address the following issues:
3000     (a)  A process by which each local government and the
3001district school board agree and base their plans on consistent
3002projections of the amount, type, and distribution of population
3003growth and student enrollment. The geographic distribution of
3004jurisdiction-wide growth forecasts is a major objective of the
3005process.
3006     (b)  A process to coordinate and share information relating
3007to existing and planned public school facilities, including
3008school renovations and closures, and local government plans for
3009development and redevelopment.
3010     (c)  Participation by affected local governments with the
3011district school board in the process of evaluating potential
3012school closures, significant renovations to existing schools,
3013and new school site selection before land acquisition. Local
3014governments shall advise the district school board as to the
3015consistency of the proposed closure, renovation, or new site
3016with the local comprehensive plan, including appropriate
3017circumstances and criteria under which a district school board
3018may request an amendment to the comprehensive plan for school
3019siting.
3020     (d)  A process for determining the need for and timing of
3021onsite and offsite improvements to support new, proposed
3022expansion, or redevelopment of existing schools. The process
3023must address identification of the party or parties responsible
3024for the improvements.
3025     (e)  A process for the school board to inform the local
3026government regarding the effect of comprehensive plan amendments
3027on school capacity. The capacity reporting must be consistent
3028with laws and rules relating to measurement of school facility
3029capacity and must also identify how the district school board
3030will meet the public school demand based on the facilities work
3031program adopted pursuant to s. 1013.35.
3032     (f)  Participation of the local governments in the
3033preparation of the annual update to the district school board's
30345-year district facilities work program and educational plant
3035survey prepared pursuant to s. 1013.35.
3036     (g)  A process for determining where and how joint use of
3037either school board or local government facilities can be shared
3038for mutual benefit and efficiency.
3039     (h)  A procedure for the resolution of disputes between the
3040district school board and local governments, which may include
3041the dispute resolution processes contained in chapters 164 and
3042186.
3043     (i)  An oversight process, including an opportunity for
3044public participation, for the implementation of the interlocal
3045agreement.
3046     (3)(a)  The Office of Educational Facilities shall submit
3047any comments or concerns regarding the executed interlocal
3048agreement to the state land planning agency within 30 days after
3049receipt of the executed interlocal agreement. The state land
3050planning agency shall review the executed interlocal agreement
3051to determine whether it is consistent with the requirements of
3052subsection (2), the adopted local government comprehensive plan,
3053and other requirements of law. Within 60 days after receipt of
3054an executed interlocal agreement, the state land planning agency
3055shall publish a notice of intent in the Florida Administrative
3056Weekly and shall post a copy of the notice on the agency's
3057Internet site. The notice of intent must state whether the
3058interlocal agreement is consistent or inconsistent with the
3059requirements of subsection (2) and this subsection, as
3060appropriate.
3061     (b)  The state land planning agency's notice is subject to
3062challenge under chapter 120; however, an affected person, as
3063defined in s. 163.3184(1)(a), has standing to initiate the
3064administrative proceeding, and this proceeding is the sole means
3065available to challenge the consistency of an interlocal
3066agreement required by this section with the criteria contained
3067in subsection (2) and this subsection. In order to have
3068standing, each person must have submitted oral or written
3069comments, recommendations, or objections to the local government
3070or the school board before the adoption of the interlocal
3071agreement by the school board and local government. The district
3072school board and local governments are parties to any such
3073proceeding. In this proceeding, when the state land planning
3074agency finds the interlocal agreement to be consistent with the
3075criteria in subsection (2) and this subsection, the interlocal
3076agreement shall be determined to be consistent with subsection
3077(2) and this subsection if the local government's and school
3078board's determination of consistency is fairly debatable. When
3079the state planning agency finds the interlocal agreement to be
3080inconsistent with the requirements of subsection (2) and this
3081subsection, the local government's and school board's
3082determination of consistency shall be sustained unless it is
3083shown by a preponderance of the evidence that the interlocal
3084agreement is inconsistent.
3085     (c)  If the state land planning agency enters a final order
3086that finds that the interlocal agreement is inconsistent with
3087the requirements of subsection (2) or this subsection, it shall
3088forward it to the Administration Commission, which may impose
3089sanctions against the local government pursuant to s.
3090163.3184(11) and may impose sanctions against the district
3091school board by directing the Department of Education to
3092withhold from the district school board an equivalent amount of
3093funds for school construction available pursuant to ss. 1013.65,
30941013.68, 1013.70, and 1013.72.
3095     (4)  If an executed interlocal agreement is not timely
3096submitted to the state land planning agency for review, the
3097state land planning agency shall, within 15 working days after
3098the deadline for submittal, issue to the local government and
3099the district school board a Notice to Show Cause why sanctions
3100should not be imposed for failure to submit an executed
3101interlocal agreement by the deadline established by the agency.
3102The agency shall forward the notice and the responses to the
3103Administration Commission, which may enter a final order citing
3104the failure to comply and imposing sanctions against the local
3105government and district school board by directing the
3106appropriate agencies to withhold at least 5 percent of state
3107funds pursuant to s. 163.3184(11) and by directing the
3108Department of Education to withhold from the district school
3109board at least 5 percent of funds for school construction
3110available pursuant to ss. 1013.65, 1013.68, 1013.70, and
31111013.72.
3112     (5)  Any local government transmitting a public school
3113element to implement school concurrency pursuant to the
3114requirements of s. 163.3180 before the effective date of this
3115section is not required to amend the element or any interlocal
3116agreement to conform with the provisions of this section if the
3117element is adopted prior to or within 1 year after the effective
3118date of this section and remains in effect until the county
3119conducts its evaluation and appraisal report and identifies
3120changes necessary to more fully conform to the provisions of
3121this section.
3122     (6)  Except as provided in subsection (7), municipalities
3123meeting the exemption criteria in s. 163.3177(12) are exempt
3124from the requirements of subsections (1), (2), and (3).
3125     (7)  At the time of the evaluation and appraisal report,
3126each exempt municipality shall assess the extent to which it
3127continues to meet the criteria for exemption under s.
3128163.3177(12). If the municipality continues to meet these
3129criteria, the municipality shall continue to be exempt from the
3130interlocal-agreement requirement. Each municipality exempt under
3131s. 163.3177(12) must comply with the provisions of this section
3132within 1 year after the district school board proposes, in its
31335-year district facilities work program, a new school within the
3134municipality's jurisdiction.
3135     Section 14.  Subsection (9) of section 163.3178, Florida
3136Statutes, is amended to read:
3137     163.3178  Coastal management.-
3138     (9)(a)  Local governments may elect to comply with rule 9J-
31395.012(3)(b)6. and 7., Florida Administrative Code, through the
3140process provided in this section. A proposed comprehensive plan
3141amendment shall be found in compliance with state coastal high-
3142hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3143Florida Administrative Code, if:
3144     1.  The adopted level of service for out-of-county
3145hurricane evacuation is maintained for a category 5 storm event
3146as measured on the Saffir-Simpson scale; or
3147     2.  A 12-hour evacuation time to shelter is maintained for
3148a category 5 storm event as measured on the Saffir-Simpson scale
3149and shelter space reasonably expected to accommodate the
3150residents of the development contemplated by a proposed
3151comprehensive plan amendment is available; or
3152     3.  Appropriate mitigation is provided that will satisfy
3153the provisions of subparagraph 1. or subparagraph 2. Appropriate
3154mitigation shall include, without limitation, payment of money,
3155contribution of land, and construction of hurricane shelters and
3156transportation facilities. Required mitigation may shall not
3157exceed the amount required for a developer to accommodate
3158impacts reasonably attributable to development. A local
3159government and a developer shall enter into a binding agreement
3160to memorialize the mitigation plan.
3161     (b)  For those local governments that have not established
3162a level of service for out-of-county hurricane evacuation by
3163July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
31647., Florida Administrative Code, by following the process in
3165paragraph (a), the level of service shall be no greater than 16
3166hours for a category 5 storm event as measured on the Saffir-
3167Simpson scale.
3168     (c)  This subsection shall become effective immediately and
3169shall apply to all local governments. No later than July 1,
31702008, local governments shall amend their future land use map
3171and coastal management element to include the new definition of
3172coastal high-hazard area and to depict the coastal high-hazard
3173area on the future land use map.
3174     Section 15.  Section 163.3180, Florida Statutes, is amended
3175to read:
3176     163.3180  Concurrency.-
3177     (1)(a)  Sanitary sewer, solid waste, drainage, and potable
3178water, parks and recreation, schools, and transportation
3179facilities, including mass transit, where applicable, are the
3180only public facilities and services subject to the concurrency
3181requirement on a statewide basis. Additional public facilities
3182and services may not be made subject to concurrency on a
3183statewide basis without appropriate study and approval by the
3184Legislature; however, any local government may extend the
3185concurrency requirement so that it applies to additional public
3186facilities within its jurisdiction.
3187     (a)  If concurrency is applied to other public facilities,
3188the local government comprehensive plan must provide the
3189principles, guidelines, standards, and strategies, including
3190adopted levels of service, to guide its application. In order
3191for a local government to rescind any optional concurrency
3192provisions, a comprehensive plan amendment is required. An
3193amendment rescinding optional concurrency issues is not subject
3194to state review.
3195     (b)  The local government comprehensive plan must
3196demonstrate, for required or optional concurrency requirements,
3197that the levels of service adopted can be reasonably met.
3198Infrastructure needed to ensure that adopted level-of-service
3199standards are achieved and maintained for the 5-year period of
3200the capital improvement schedule must be identified pursuant to
3201the requirements of s. 163.3177(3). The comprehensive plan must
3202include principles, guidelines, standards, and strategies for
3203the establishment of a concurrency management system.
3204     (b)  Local governments shall use professionally accepted
3205techniques for measuring level of service for automobiles,
3206bicycles, pedestrians, transit, and trucks. These techniques may
3207be used to evaluate increased accessibility by multiple modes
3208and reductions in vehicle miles of travel in an area or zone.
3209The Department of Transportation shall develop methodologies to
3210assist local governments in implementing this multimodal level-
3211of-service analysis. The Department of Community Affairs and the
3212Department of Transportation shall provide technical assistance
3213to local governments in applying these methodologies.
3214     (2)(a)  Consistent with public health and safety, sanitary
3215sewer, solid waste, drainage, adequate water supplies, and
3216potable water facilities shall be in place and available to
3217serve new development no later than the issuance by the local
3218government of a certificate of occupancy or its functional
3219equivalent. Prior to approval of a building permit or its
3220functional equivalent, the local government shall consult with
3221the applicable water supplier to determine whether adequate
3222water supplies to serve the new development will be available no
3223later than the anticipated date of issuance by the local
3224government of a certificate of occupancy or its functional
3225equivalent. A local government may meet the concurrency
3226requirement for sanitary sewer through the use of onsite sewage
3227treatment and disposal systems approved by the Department of
3228Health to serve new development.
3229     (b)  Consistent with the public welfare, and except as
3230otherwise provided in this section, parks and recreation
3231facilities to serve new development shall be in place or under
3232actual construction no later than 1 year after issuance by the
3233local government of a certificate of occupancy or its functional
3234equivalent. However, the acreage for such facilities shall be
3235dedicated or be acquired by the local government prior to
3236issuance by the local government of a certificate of occupancy
3237or its functional equivalent, or funds in the amount of the
3238developer's fair share shall be committed no later than the
3239local government's approval to commence construction.
3240     (c)  Consistent with the public welfare, and except as
3241otherwise provided in this section, transportation facilities
3242needed to serve new development shall be in place or under
3243actual construction within 3 years after the local government
3244approves a building permit or its functional equivalent that
3245results in traffic generation.
3246     (3)  Governmental entities that are not responsible for
3247providing, financing, operating, or regulating public facilities
3248needed to serve development may not establish binding level-of-
3249service standards on governmental entities that do bear those
3250responsibilities. This subsection does not limit the authority
3251of any agency to recommend or make objections, recommendations,
3252comments, or determinations during reviews conducted under s.
3253163.3184.
3254     (4)(a)  The concurrency requirement as implemented in local
3255comprehensive plans applies to state and other public facilities
3256and development to the same extent that it applies to all other
3257facilities and development, as provided by law.
3258     (b)  The concurrency requirement as implemented in local
3259comprehensive plans does not apply to public transit facilities.
3260For the purposes of this paragraph, public transit facilities
3261include transit stations and terminals; transit station parking;
3262park-and-ride lots; intermodal public transit connection or
3263transfer facilities; fixed bus, guideway, and rail stations; and
3264airport passenger terminals and concourses, air cargo
3265facilities, and hangars for the assembly, manufacture,
3266maintenance, or storage of aircraft. As used in this paragraph,
3267the terms "terminals" and "transit facilities" do not include
3268seaports or commercial or residential development constructed in
3269conjunction with a public transit facility.
3270     (c)  The concurrency requirement, except as it relates to
3271transportation facilities and public schools, as implemented in
3272local government comprehensive plans, may be waived by a local
3273government for urban infill and redevelopment areas designated
3274pursuant to s. 163.2517 if such a waiver does not endanger
3275public health or safety as defined by the local government in
3276its local government comprehensive plan. The waiver shall be
3277adopted as a plan amendment pursuant to the process set forth in
3278s. 163.3187(3)(a). A local government may grant a concurrency
3279exception pursuant to subsection (5) for transportation
3280facilities located within these urban infill and redevelopment
3281areas.
3282     (5)(a)  If concurrency is applied to transportation
3283facilities, the local government comprehensive plan must provide
3284the principles, guidelines, standards, and strategies, including
3285adopted levels of service to guide its application.
3286     (b)  Local governments shall use professionally accepted
3287studies to evaluate the appropriate levels of service. Local
3288governments should consider the number of facilities that will
3289be necessary to meet level-of-service demands when determining
3290the appropriate levels of service. The schedule of facilities
3291that are necessary to meet the adopted level of service shall be
3292reflected in the capital improvement element.
3293     (c)  Local governments shall use professionally accepted
3294techniques for measuring levels of service when evaluating
3295potential impacts of a proposed development.
3296     (d)  The premise of concurrency is that the public
3297facilities will be provided in order to achieve and maintain the
3298adopted level of service standard. A comprehensive plan that
3299imposes transportation concurrency shall contain appropriate
3300amendments to the capital improvements element of the
3301comprehensive plan, consistent with the requirements of s.
3302163.3177(3). The capital improvements element shall identify
3303facilities necessary to meet adopted levels of service during a
33045-year period.
3305     (e)  If a local government applies transportation
3306concurrency in its jurisdiction, it is encouraged to develop
3307policy guidelines and techniques to address potential negative
3308impacts on future development:
3309     1.  In urban infill and redevelopment, and urban service
3310areas.
3311     2.  With special part-time demands on the transportation
3312system.
3313     3.  With de minimis impacts.
3314     4.  On community desired types of development, such as
3315redevelopment, or job creation projects.
3316     (f)  Local governments are encouraged to develop tools and
3317techniques to complement the application of transportation
3318concurrency such as:
3319     1.  Adoption of long-term strategies to facilitate
3320development patterns that support multimodal solutions,
3321including urban design, and appropriate land use mixes,
3322including intensity and density.
3323     2.  Adoption of an areawide level of service not dependent
3324on any single road segment function.
3325     3.  Exempting or discounting impacts of locally desired
3326development, such as development in urban areas, redevelopment,
3327job creation, and mixed use on the transportation system.
3328     4.  Assigning secondary priority to vehicle mobility and
3329primary priority to ensuring a safe, comfortable, and attractive
3330pedestrian environment, with convenient interconnection to
3331transit.
3332     5.  Establishing multimodal level of service standards that
3333rely primarily on nonvehicular modes of transportation where
3334existing or planned community design will provide adequate level
3335of mobility.
3336     6.  Reducing impact fees or local access fees to promote
3337development within urban areas, multimodal transportation
3338districts, and a balance of mixed use development in certain
3339areas or districts, or for affordable or workforce housing.
3340     (g)  Local governments are encouraged to coordinate with
3341adjacent local governments for the purpose of using common
3342methodologies for measuring impacts on transportation
3343facilities.
3344     (h)  Local governments that implement transportation
3345concurrency must:
3346     1.  Consult with the Department of Transportation when
3347proposed plan amendments affect facilities on the strategic
3348intermodal system.
3349     2.  Exempt public transit facilities from concurrency. For
3350the purposes of this subparagraph, public transit facilities
3351include transit stations and terminals; transit station parking;
3352park-and-ride lots; intermodal public transit connection or
3353transfer facilities; fixed bus, guideway, and rail stations; and
3354airport passenger terminals and concourses, air cargo
3355facilities, and hangars for the assembly, manufacture,
3356maintenance, or storage of aircraft. As used in this
3357subparagraph, the terms "terminals" and "transit facilities" do
3358not include seaports or commercial or residential development
3359constructed in conjunction with a public transit facility.
3360     3.  Allow an applicant for a development-of-regional-impact
3361development order, a rezoning, or other land use development
3362permit to satisfy the transportation concurrency requirements of
3363the local comprehensive plan, the local government's concurrency
3364management system, and s. 380.06, when applicable, if:
3365     a.  The applicant enters into a binding agreement to pay
3366for or construct its proportionate share of required
3367improvements.
3368     b.  The proportionate-share contribution or construction is
3369sufficient to accomplish one or more mobility improvements that
3370will benefit a regionally significant transportation facility.
3371     c.(I)  The local government has provided a means by which
3372the landowner will be assessed a proportionate share of the cost
3373of providing the transportation facilities necessary to serve
3374the proposed development. An applicant shall not be held
3375responsible for the additional cost of reducing or eliminating
3376deficiencies.
3377     (II)  When an applicant contributes or constructs its
3378proportionate share pursuant to this subparagraph, a local
3379government may not require payment or construction of
3380transportation facilities whose costs would be greater than a
3381development's proportionate share of the improvements necessary
3382to mitigate the development's impacts.
3383     (A)  The proportionate-share contribution shall be
3384calculated based upon the number of trips from the proposed
3385development expected to reach roadways during the peak hour from
3386the stage or phase being approved, divided by the change in the
3387peak hour maximum service volume of roadways resulting from
3388construction of an improvement necessary to maintain or achieve
3389the adopted level of service, multiplied by the construction
3390cost, at the time of development payment, of the improvement
3391necessary to maintain or achieve the adopted level of service.
3392     (B)  In using the proportionate-share formula provided in
3393this subparagraph, the applicant, in its traffic analysis, shall
3394identify those roads or facilities that have a transportation
3395deficiency in accordance with the transportation deficiency as
3396defined in sub-subparagraph e. The proportionate-share formula
3397provided in this subparagraph shall be applied only to those
3398facilities that are determined to be significantly impacted by
3399the project traffic under review. If any road is determined to
3400be transportation deficient without the project traffic under
3401review, the costs of correcting that deficiency shall be removed
3402from the project's proportionate-share calculation and the
3403necessary transportation improvements to correct that deficiency
3404shall be considered to be in place for purposes of the
3405proportionate-share calculation. The improvement necessary to
3406correct the transportation deficiency is the funding
3407responsibility of the entity that has maintenance responsibility
3408for the facility. The development's proportionate share shall be
3409calculated only for the needed transportation improvements that
3410are greater than the identified deficiency.
3411     (C)  When the provisions of this subparagraph have been
3412satisfied for a particular stage or phase of development, all
3413transportation impacts from that stage or phase for which
3414mitigation was required and provided shall be deemed fully
3415mitigated in any transportation analysis for a subsequent stage
3416or phase of development. Trips from a previous stage or phase
3417that did not result in impacts for which mitigation was required
3418or provided may be cumulatively analyzed with trips from a
3419subsequent stage or phase to determine whether an impact
3420requires mitigation for the subsequent stage or phase.
3421     (D)  In projecting the number of trips to be generated by
3422the development under review, any trips assigned to a toll-
3423financed facility shall be eliminated from the analysis.
3424     (E)  The applicant shall receive a credit on a dollar-for-
3425dollar basis for impact fees, mobility fees, and other
3426transportation concurrency mitigation requirements paid or
3427payable in the future for the project. The credit shall be
3428reduced up to 20 percent by the percentage share that the
3429project's traffic represents of the added capacity of the
3430selected improvement, or by the amount specified by local
3431ordinance, whichever yields the greater credit.
3432     d.  This subsection does not require a local government to
3433approve a development that is not otherwise qualified for
3434approval pursuant to the applicable local comprehensive plan and
3435land development regulations.
3436     e.  As used in this subsection, the term "transportation
3437deficiency" means a facility or facilities on which the adopted
3438level-of-service standard is exceeded by the existing,
3439committed, and vested trips, plus additional projected
3440background trips from any source other than the development
3441project under review, and trips that are forecast by established
3442traffic standards, including traffic modeling, consistent with
3443the University of Florida's Bureau of Economic and Business
3444Research medium population projections. Additional projected
3445background trips are to be coincident with the particular stage
3446or phase of development under review.
3447     (a)  The Legislature finds that under limited
3448circumstances, countervailing planning and public policy goals
3449may come into conflict with the requirement that adequate public
3450transportation facilities and services be available concurrent
3451with the impacts of such development. The Legislature further
3452finds that the unintended result of the concurrency requirement
3453for transportation facilities is often the discouragement of
3454urban infill development and redevelopment. Such unintended
3455results directly conflict with the goals and policies of the
3456state comprehensive plan and the intent of this part. The
3457Legislature also finds that in urban centers transportation
3458cannot be effectively managed and mobility cannot be improved
3459solely through the expansion of roadway capacity, that the
3460expansion of roadway capacity is not always physically or
3461financially possible, and that a range of transportation
3462alternatives is essential to satisfy mobility needs, reduce
3463congestion, and achieve healthy, vibrant centers.
3464     (b)1.  The following are transportation concurrency
3465exception areas:
3466     a.  A municipality that qualifies as a dense urban land
3467area under s. 163.3164;
3468     b.  An urban service area under s. 163.3164 that has been
3469adopted into the local comprehensive plan and is located within
3470a county that qualifies as a dense urban land area under s.
3471163.3164; and
3472     c.  A county, including the municipalities located therein,
3473which has a population of at least 900,000 and qualifies as a
3474dense urban land area under s. 163.3164, but does not have an
3475urban service area designated in the local comprehensive plan.
3476     2.  A municipality that does not qualify as a dense urban
3477land area pursuant to s. 163.3164 may designate in its local
3478comprehensive plan the following areas as transportation
3479concurrency exception areas:
3480     a.  Urban infill as defined in s. 163.3164;
3481     b.  Community redevelopment areas as defined in s. 163.340;
3482     c.  Downtown revitalization areas as defined in s.
3483163.3164;
3484     d.  Urban infill and redevelopment under s. 163.2517; or
3485     e.  Urban service areas as defined in s. 163.3164 or areas
3486within a designated urban service boundary under s.
3487163.3177(14).
3488     3.  A county that does not qualify as a dense urban land
3489area pursuant to s. 163.3164 may designate in its local
3490comprehensive plan the following areas as transportation
3491concurrency exception areas:
3492     a.  Urban infill as defined in s. 163.3164;
3493     b.  Urban infill and redevelopment under s. 163.2517; or
3494     c.  Urban service areas as defined in s. 163.3164.
3495     4.  A local government that has a transportation
3496concurrency exception area designated pursuant to subparagraph
34971., subparagraph 2., or subparagraph 3. shall, within 2 years
3498after the designated area becomes exempt, adopt into its local
3499comprehensive plan land use and transportation strategies to
3500support and fund mobility within the exception area, including
3501alternative modes of transportation. Local governments are
3502encouraged to adopt complementary land use and transportation
3503strategies that reflect the region's shared vision for its
3504future. If the state land planning agency finds insufficient
3505cause for the failure to adopt into its comprehensive plan land
3506use and transportation strategies to support and fund mobility
3507within the designated exception area after 2 years, it shall
3508submit the finding to the Administration Commission, which may
3509impose any of the sanctions set forth in s. 163.3184(11)(a) and
3510(b) against the local government.
3511     5.  Transportation concurrency exception areas designated
3512pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3513do not apply to designated transportation concurrency districts
3514located within a county that has a population of at least 1.5
3515million, has implemented and uses a transportation-related
3516concurrency assessment to support alternative modes of
3517transportation, including, but not limited to, mass transit, and
3518does not levy transportation impact fees within the concurrency
3519district.
3520     6.  Transportation concurrency exception areas designated
3521under subparagraph 1., subparagraph 2., or subparagraph 3. do
3522not apply in any county that has exempted more than 40 percent
3523of the area inside the urban service area from transportation
3524concurrency for the purpose of urban infill.
3525     7.  A local government that does not have a transportation
3526concurrency exception area designated pursuant to subparagraph
35271., subparagraph 2., or subparagraph 3. may grant an exception
3528from the concurrency requirement for transportation facilities
3529if the proposed development is otherwise consistent with the
3530adopted local government comprehensive plan and is a project
3531that promotes public transportation or is located within an area
3532designated in the comprehensive plan for:
3533     a.  Urban infill development;
3534     b.  Urban redevelopment;
3535     c.  Downtown revitalization;
3536     d.  Urban infill and redevelopment under s. 163.2517; or
3537     e.  An urban service area specifically designated as a
3538transportation concurrency exception area which includes lands
3539appropriate for compact, contiguous urban development, which
3540does not exceed the amount of land needed to accommodate the
3541projected population growth at densities consistent with the
3542adopted comprehensive plan within the 10-year planning period,
3543and which is served or is planned to be served with public
3544facilities and services as provided by the capital improvements
3545element.
3546     (c)  The Legislature also finds that developments located
3547within urban infill, urban redevelopment, urban service, or
3548downtown revitalization areas or areas designated as urban
3549infill and redevelopment areas under s. 163.2517, which pose
3550only special part-time demands on the transportation system, are
3551exempt from the concurrency requirement for transportation
3552facilities. A special part-time demand is one that does not have
3553more than 200 scheduled events during any calendar year and does
3554not affect the 100 highest traffic volume hours.
3555     (d)  Except for transportation concurrency exception areas
3556designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3557or subparagraph (b)3., the following requirements apply:
3558     1.  The local government shall both adopt into the
3559comprehensive plan and implement long-term strategies to support
3560and fund mobility within the designated exception area,
3561including alternative modes of transportation. The plan
3562amendment must also demonstrate how strategies will support the
3563purpose of the exception and how mobility within the designated
3564exception area will be provided.
3565     2.  The strategies must address urban design; appropriate
3566land use mixes, including intensity and density; and network
3567connectivity plans needed to promote urban infill,
3568redevelopment, or downtown revitalization. The comprehensive
3569plan amendment designating the concurrency exception area must
3570be accompanied by data and analysis supporting the local
3571government's determination of the boundaries of the
3572transportation concurrency exception area.
3573     (e)  Before designating a concurrency exception area
3574pursuant to subparagraph (b)7., the state land planning agency
3575and the Department of Transportation shall be consulted by the
3576local government to assess the impact that the proposed
3577exception area is expected to have on the adopted level-of-
3578service standards established for regional transportation
3579facilities identified pursuant to s. 186.507, including the
3580Strategic Intermodal System and roadway facilities funded in
3581accordance with s. 339.2819. Further, the local government shall
3582provide a plan for the mitigation of impacts to the Strategic
3583Intermodal System, including, if appropriate, access management,
3584parallel reliever roads, transportation demand management, and
3585other measures.
3586     (f)  The designation of a transportation concurrency
3587exception area does not limit a local government's home rule
3588power to adopt ordinances or impose fees. This subsection does
3589not affect any contract or agreement entered into or development
3590order rendered before the creation of the transportation
3591concurrency exception area except as provided in s.
3592380.06(29)(e).
3593     (g)  The Office of Program Policy Analysis and Government
3594Accountability shall submit to the President of the Senate and
3595the Speaker of the House of Representatives by February 1, 2015,
3596a report on transportation concurrency exception areas created
3597pursuant to this subsection. At a minimum, the report shall
3598address the methods that local governments have used to
3599implement and fund transportation strategies to achieve the
3600purposes of designated transportation concurrency exception
3601areas, and the effects of the strategies on mobility,
3602congestion, urban design, the density and intensity of land use
3603mixes, and network connectivity plans used to promote urban
3604infill, redevelopment, or downtown revitalization.
3605     (6)  The Legislature finds that a de minimis impact is
3606consistent with this part. A de minimis impact is an impact that
3607would not affect more than 1 percent of the maximum volume at
3608the adopted level of service of the affected transportation
3609facility as determined by the local government. No impact will
3610be de minimis if the sum of existing roadway volumes and the
3611projected volumes from approved projects on a transportation
3612facility would exceed 110 percent of the maximum volume at the
3613adopted level of service of the affected transportation
3614facility; provided however, that an impact of a single family
3615home on an existing lot will constitute a de minimis impact on
3616all roadways regardless of the level of the deficiency of the
3617roadway. Further, no impact will be de minimis if it would
3618exceed the adopted level-of-service standard of any affected
3619designated hurricane evacuation routes. Each local government
3620shall maintain sufficient records to ensure that the 110-percent
3621criterion is not exceeded. Each local government shall submit
3622annually, with its updated capital improvements element, a
3623summary of the de minimis records. If the state land planning
3624agency determines that the 110-percent criterion has been
3625exceeded, the state land planning agency shall notify the local
3626government of the exceedance and that no further de minimis
3627exceptions for the applicable roadway may be granted until such
3628time as the volume is reduced below the 110 percent. The local
3629government shall provide proof of this reduction to the state
3630land planning agency before issuing further de minimis
3631exceptions.
3632     (7)  In order to promote infill development and
3633redevelopment, one or more transportation concurrency management
3634areas may be designated in a local government comprehensive
3635plan. A transportation concurrency management area must be a
3636compact geographic area with an existing network of roads where
3637multiple, viable alternative travel paths or modes are available
3638for common trips. A local government may establish an areawide
3639level-of-service standard for such a transportation concurrency
3640management area based upon an analysis that provides for a
3641justification for the areawide level of service, how urban
3642infill development or redevelopment will be promoted, and how
3643mobility will be accomplished within the transportation
3644concurrency management area. Prior to the designation of a
3645concurrency management area, the Department of Transportation
3646shall be consulted by the local government to assess the impact
3647that the proposed concurrency management area is expected to
3648have on the adopted level-of-service standards established for
3649Strategic Intermodal System facilities, as defined in s. 339.64,
3650and roadway facilities funded in accordance with s. 339.2819.
3651Further, the local government shall, in cooperation with the
3652Department of Transportation, develop a plan to mitigate any
3653impacts to the Strategic Intermodal System, including, if
3654appropriate, the development of a long-term concurrency
3655management system pursuant to subsection (9) and s.
3656163.3177(3)(d). Transportation concurrency management areas
3657existing prior to July 1, 2005, shall meet, at a minimum, the
3658provisions of this section by July 1, 2006, or at the time of
3659the comprehensive plan update pursuant to the evaluation and
3660appraisal report, whichever occurs last. The state land planning
3661agency shall amend chapter 9J-5, Florida Administrative Code, to
3662be consistent with this subsection.
3663     (8)  When assessing the transportation impacts of proposed
3664urban redevelopment within an established existing urban service
3665area, 110 percent of the actual transportation impact caused by
3666the previously existing development must be reserved for the
3667redevelopment, even if the previously existing development has a
3668lesser or nonexisting impact pursuant to the calculations of the
3669local government. Redevelopment requiring less than 110 percent
3670of the previously existing capacity shall not be prohibited due
3671to the reduction of transportation levels of service below the
3672adopted standards. This does not preclude the appropriate
3673assessment of fees or accounting for the impacts within the
3674concurrency management system and capital improvements program
3675of the affected local government. This paragraph does not affect
3676local government requirements for appropriate development
3677permits.
3678     (9)(a)  Each local government may adopt as a part of its
3679plan, long-term transportation and school concurrency management
3680systems with a planning period of up to 10 years for specially
3681designated districts or areas where significant backlogs exist.
3682The plan may include interim level-of-service standards on
3683certain facilities and shall rely on the local government's
3684schedule of capital improvements for up to 10 years as a basis
3685for issuing development orders that authorize commencement of
3686construction in these designated districts or areas. The
3687concurrency management system must be designed to correct
3688existing deficiencies and set priorities for addressing
3689backlogged facilities. The concurrency management system must be
3690financially feasible and consistent with other portions of the
3691adopted local plan, including the future land use map.
3692     (b)  If a local government has a transportation or school
3693facility backlog for existing development which cannot be
3694adequately addressed in a 10-year plan, the state land planning
3695agency may allow it to develop a plan and long-term schedule of
3696capital improvements covering up to 15 years for good and
3697sufficient cause, based on a general comparison between that
3698local government and all other similarly situated local
3699jurisdictions, using the following factors:
3700     1.  The extent of the backlog.
3701     2.  For roads, whether the backlog is on local or state
3702roads.
3703     3.  The cost of eliminating the backlog.
3704     4.  The local government's tax and other revenue-raising
3705efforts.
3706     (c)  The local government may issue approvals to commence
3707construction notwithstanding this section, consistent with and
3708in areas that are subject to a long-term concurrency management
3709system.
3710     (d)  If the local government adopts a long-term concurrency
3711management system, it must evaluate the system periodically. At
3712a minimum, the local government must assess its progress toward
3713improving levels of service within the long-term concurrency
3714management district or area in the evaluation and appraisal
3715report and determine any changes that are necessary to
3716accelerate progress in meeting acceptable levels of service.
3717     (10)  Except in transportation concurrency exception areas,
3718with regard to roadway facilities on the Strategic Intermodal
3719System designated in accordance with s. 339.63, local
3720governments shall adopt the level-of-service standard
3721established by the Department of Transportation by rule.
3722However, if the Office of Tourism, Trade, and Economic
3723Development concurs in writing with the local government that
3724the proposed development is for a qualified job creation project
3725under s. 288.0656 or s. 403.973, the affected local government,
3726after consulting with the Department of Transportation, may
3727provide for a waiver of transportation concurrency for the
3728project. For all other roads on the State Highway System, local
3729governments shall establish an adequate level-of-service
3730standard that need not be consistent with any level-of-service
3731standard established by the Department of Transportation. In
3732establishing adequate level-of-service standards for any
3733arterial roads, or collector roads as appropriate, which
3734traverse multiple jurisdictions, local governments shall
3735consider compatibility with the roadway facility's adopted
3736level-of-service standards in adjacent jurisdictions. Each local
3737government within a county shall use a professionally accepted
3738methodology for measuring impacts on transportation facilities
3739for the purposes of implementing its concurrency management
3740system. Counties are encouraged to coordinate with adjacent
3741counties, and local governments within a county are encouraged
3742to coordinate, for the purpose of using common methodologies for
3743measuring impacts on transportation facilities for the purpose
3744of implementing their concurrency management systems.
3745     (11)  In order to limit the liability of local governments,
3746a local government may allow a landowner to proceed with
3747development of a specific parcel of land notwithstanding a
3748failure of the development to satisfy transportation
3749concurrency, when all the following factors are shown to exist:
3750     (a)  The local government with jurisdiction over the
3751property has adopted a local comprehensive plan that is in
3752compliance.
3753     (b)  The proposed development would be consistent with the
3754future land use designation for the specific property and with
3755pertinent portions of the adopted local plan, as determined by
3756the local government.
3757     (c)  The local plan includes a financially feasible capital
3758improvements element that provides for transportation facilities
3759adequate to serve the proposed development, and the local
3760government has not implemented that element.
3761     (d)  The local government has provided a means by which the
3762landowner will be assessed a fair share of the cost of providing
3763the transportation facilities necessary to serve the proposed
3764development.
3765     (e)  The landowner has made a binding commitment to the
3766local government to pay the fair share of the cost of providing
3767the transportation facilities to serve the proposed development.
3768     (12)(a)  A development of regional impact may satisfy the
3769transportation concurrency requirements of the local
3770comprehensive plan, the local government's concurrency
3771management system, and s. 380.06 by payment of a proportionate-
3772share contribution for local and regionally significant traffic
3773impacts, if:
3774     1.  The development of regional impact which, based on its
3775location or mix of land uses, is designed to encourage
3776pedestrian or other nonautomotive modes of transportation;
3777     2.  The proportionate-share contribution for local and
3778regionally significant traffic impacts is sufficient to pay for
3779one or more required mobility improvements that will benefit a
3780regionally significant transportation facility;
3781     3.  The owner and developer of the development of regional
3782impact pays or assures payment of the proportionate-share
3783contribution; and
3784     4.  If the regionally significant transportation facility
3785to be constructed or improved is under the maintenance authority
3786of a governmental entity, as defined by s. 334.03(12), other
3787than the local government with jurisdiction over the development
3788of regional impact, the developer is required to enter into a
3789binding and legally enforceable commitment to transfer funds to
3790the governmental entity having maintenance authority or to
3791otherwise assure construction or improvement of the facility.
3792
3793The proportionate-share contribution may be applied to any
3794transportation facility to satisfy the provisions of this
3795subsection and the local comprehensive plan, but, for the
3796purposes of this subsection, the amount of the proportionate-
3797share contribution shall be calculated based upon the cumulative
3798number of trips from the proposed development expected to reach
3799roadways during the peak hour from the complete buildout of a
3800stage or phase being approved, divided by the change in the peak
3801hour maximum service volume of roadways resulting from
3802construction of an improvement necessary to maintain the adopted
3803level of service, multiplied by the construction cost, at the
3804time of developer payment, of the improvement necessary to
3805maintain the adopted level of service. For purposes of this
3806subsection, "construction cost" includes all associated costs of
3807the improvement. Proportionate-share mitigation shall be limited
3808to ensure that a development of regional impact meeting the
3809requirements of this subsection mitigates its impact on the
3810transportation system but is not responsible for the additional
3811cost of reducing or eliminating backlogs. This subsection also
3812applies to Florida Quality Developments pursuant to s. 380.061
3813and to detailed specific area plans implementing optional sector
3814plans pursuant to s. 163.3245.
3815     (b)  As used in this subsection, the term "backlog" means a
3816facility or facilities on which the adopted level-of-service
3817standard is exceeded by the existing trips, plus additional
3818projected background trips from any source other than the
3819development project under review that are forecast by
3820established traffic standards, including traffic modeling,
3821consistent with the University of Florida Bureau of Economic and
3822Business Research medium population projections. Additional
3823projected background trips are to be coincident with the
3824particular stage or phase of development under review.
3825     (13)  School concurrency shall be established on a
3826districtwide basis and shall include all public schools in the
3827district and all portions of the district, whether located in a
3828municipality or an unincorporated area unless exempt from the
3829public school facilities element pursuant to s. 163.3177(12).
3830     (6)(a)  If concurrency is applied to public education
3831facilities, The application of school concurrency to development
3832shall be based upon the adopted comprehensive plan, as amended.
3833all local governments within a county, except as provided in
3834paragraph (i) (f), shall include principles, guidelines,
3835standards, and strategies, including adopted levels of service,
3836in their comprehensive plans and adopt and transmit to the state
3837land planning agency the necessary plan amendments, along with
3838the interlocal agreements. If the county and one or more
3839municipalities have adopted school concurrency into its
3840comprehensive plan and interlocal agreement that represents at
3841least 80 percent of the total countywide population, the failure
3842of one or more municipalities to adopt the concurrency and enter
3843into the interlocal agreement does not preclude implementation
3844of school concurrency within jurisdictions of the school
3845district that have opted to implement concurrency. agreement,
3846for a compliance review pursuant to s. 163.3184(7) and (8). The
3847minimum requirements for school concurrency are the following:
3848     (a)  Public school facilities element.-A local government
3849shall adopt and transmit to the state land planning agency a
3850plan or plan amendment which includes a public school facilities
3851element which is consistent with the requirements of s.
3852163.3177(12) and which is determined to be in compliance as
3853defined in s. 163.3184(1)(b). All local government provisions
3854included in comprehensive plans regarding school concurrency
3855public school facilities plan elements within a county must be
3856consistent with each other as well as the requirements of this
3857part.
3858     (b)  Level-of-service standards.-The Legislature recognizes
3859that an essential requirement for a concurrency management
3860system is the level of service at which a public facility is
3861expected to operate.
3862     1.  Local governments and school boards imposing school
3863concurrency shall exercise authority in conjunction with each
3864other to establish jointly adequate level-of-service standards,
3865as defined in chapter 9J-5, Florida Administrative Code,
3866necessary to implement the adopted local government
3867comprehensive plan, based on data and analysis.
3868     (c)2.  Public school level-of-service standards shall be
3869included and adopted into the capital improvements element of
3870the local comprehensive plan and shall apply districtwide to all
3871schools of the same type. Types of schools may include
3872elementary, middle, and high schools as well as special purpose
3873facilities such as magnet schools.
3874     (d)3.  Local governments and school boards may shall have
3875the option to utilize tiered level-of-service standards to allow
3876time to achieve an adequate and desirable level of service as
3877circumstances warrant.
3878     (e)4.  For the purpose of determining whether levels of
3879service have been achieved, for the first 3 years of school
3880concurrency implementation, A school district that includes
3881relocatable facilities in its inventory of student stations
3882shall include the capacity of such relocatable facilities as
3883provided in s. 1013.35(2)(b)2.f., provided the relocatable
3884facilities were purchased after 1998 and the relocatable
3885facilities meet the standards for long-term use pursuant to s.
38861013.20.
3887     (c)  Service areas.-The Legislature recognizes that an
3888essential requirement for a concurrency system is a designation
3889of the area within which the level of service will be measured
3890when an application for a residential development permit is
3891reviewed for school concurrency purposes. This delineation is
3892also important for purposes of determining whether the local
3893government has a financially feasible public school capital
3894facilities program that will provide schools which will achieve
3895and maintain the adopted level-of-service standards.
3896     (f)1.  In order to balance competing interests, preserve
3897the constitutional concept of uniformity, and avoid disruption
3898of existing educational and growth management processes, local
3899governments are encouraged, if they elect to adopt school
3900concurrency, to initially apply school concurrency to
3901development only on a districtwide basis so that a concurrency
3902determination for a specific development will be based upon the
3903availability of school capacity districtwide. To ensure that
3904development is coordinated with schools having available
3905capacity, within 5 years after adoption of school concurrency,
39062.  If a local government elects to governments shall apply
3907school concurrency on a less than districtwide basis, by such as
3908using school attendance zones or concurrency service areas:, as
3909provided in subparagraph 2.
3910     a.2.  For local governments applying school concurrency on
3911a less than districtwide basis, such as utilizing school
3912attendance zones or larger school concurrency service areas,
3913Local governments and school boards shall have the burden to
3914demonstrate that the utilization of school capacity is maximized
3915to the greatest extent possible in the comprehensive plan and
3916amendment, taking into account transportation costs and court-
3917approved desegregation plans, as well as other factors. In
3918addition, in order to achieve concurrency within the service
3919area boundaries selected by local governments and school boards,
3920the service area boundaries, together with the standards for
3921establishing those boundaries, shall be identified and included
3922as supporting data and analysis for the comprehensive plan.
3923     b.3.  Where school capacity is available on a districtwide
3924basis but school concurrency is applied on a less than
3925districtwide basis in the form of concurrency service areas, if
3926the adopted level-of-service standard cannot be met in a
3927particular service area as applied to an application for a
3928development permit and if the needed capacity for the particular
3929service area is available in one or more contiguous service
3930areas, as adopted by the local government, then the local
3931government may not deny an application for site plan or final
3932subdivision approval or the functional equivalent for a
3933development or phase of a development on the basis of school
3934concurrency, and if issued, development impacts shall be
3935subtracted from the shifted to  contiguous service area's areas
3936with schools having available capacity totals. Students from the
3937development may not be required to go to the adjacent service
3938area unless the school board rezones the area in which the
3939development occurs.
3940     (g)(d)  Financial feasibility.-The Legislature recognizes
3941that financial feasibility is an important issue because The
3942premise of concurrency is that the public facilities will be
3943provided in order to achieve and maintain the adopted level-of-
3944service standard. This part and chapter 9J-5, Florida
3945Administrative Code, contain specific standards to determine the
3946financial feasibility of capital programs. These standards were
3947adopted to make concurrency more predictable and local
3948governments more accountable.
3949     1.  A comprehensive plan that imposes amendment seeking to
3950impose school concurrency shall contain appropriate amendments
3951to the capital improvements element of the comprehensive plan,
3952consistent with the requirements of s. 163.3177(3) and rule 9J-
39535.016, Florida Administrative Code. The capital improvements
3954element shall identify facilities necessary to meet adopted
3955levels of service during a 5-year period consistent with the
3956school board's educational set forth a financially feasible
3957public school capital facilities plan program, established in
3958conjunction with the school board, that demonstrates that the
3959adopted level-of-service standards will be achieved and
3960maintained.
3961     (h)1.  In order to limit the liability of local
3962governments, a local government may allow a landowner to proceed
3963with development of a specific parcel of land notwithstanding a
3964failure of the development to satisfy school concurrency, if all
3965the following factors are shown to exist:
3966     a.  The proposed development would be consistent with the
3967future land use designation for the specific property and with
3968pertinent portions of the adopted local plan, as determined by
3969the local government.
3970     b.  The local government's capital improvements element and
3971the school board's educational facilities plan provide for
3972school facilities adequate to serve the proposed development,
3973and the local government or school board has not implemented
3974that element or the project includes a plan that demonstrates
3975that the capital facilities needed as a result of the project
3976can be reasonably provided.
3977     c.  The local government and school board have provided a
3978means by which the landowner will be assessed a proportionate
3979share of the cost of providing the school facilities necessary
3980to serve the proposed development.
3981     2.  Such amendments shall demonstrate that the public
3982school capital facilities program meets all of the financial
3983feasibility standards of this part and chapter 9J-5, Florida
3984Administrative Code, that apply to capital programs which
3985provide the basis for mandatory concurrency on other public
3986facilities and services.
3987     3.  When the financial feasibility of a public school
3988capital facilities program is evaluated by the state land
3989planning agency for purposes of a compliance determination, the
3990evaluation shall be based upon the service areas selected by the
3991local governments and school board.
3992     2.(e)  Availability standard.-Consistent with the public
3993welfare, If a local government applies school concurrency, it
3994may not deny an application for site plan, final subdivision
3995approval, or the functional equivalent for a development or
3996phase of a development authorizing residential development for
3997failure to achieve and maintain the level-of-service standard
3998for public school capacity in a local school concurrency
3999management system where adequate school facilities will be in
4000place or under actual construction within 3 years after the
4001issuance of final subdivision or site plan approval, or the
4002functional equivalent. School concurrency is satisfied if the
4003developer executes a legally binding commitment to provide
4004mitigation proportionate to the demand for public school
4005facilities to be created by actual development of the property,
4006including, but not limited to, the options described in sub-
4007subparagraph a. subparagraph 1. Options for proportionate-share
4008mitigation of impacts on public school facilities must be
4009established in the comprehensive plan public school facilities
4010element and the interlocal agreement pursuant to s. 163.31777.
4011     a.1.  Appropriate mitigation options include the
4012contribution of land; the construction, expansion, or payment
4013for land acquisition or construction of a public school
4014facility; the construction of a charter school that complies
4015with the requirements of s. 1002.33(18); or the creation of
4016mitigation banking based on the construction of a public school
4017facility in exchange for the right to sell capacity credits.
4018Such options must include execution by the applicant and the
4019local government of a development agreement that constitutes a
4020legally binding commitment to pay proportionate-share mitigation
4021for the additional residential units approved by the local
4022government in a development order and actually developed on the
4023property, taking into account residential density allowed on the
4024property prior to the plan amendment that increased the overall
4025residential density. The district school board must be a party
4026to such an agreement. As a condition of its entry into such a
4027development agreement, the local government may require the
4028landowner to agree to continuing renewal of the agreement upon
4029its expiration.
4030     b.2.  If the interlocal agreement education facilities plan
4031and the local government comprehensive plan public educational
4032facilities element authorize a contribution of land; the
4033construction, expansion, or payment for land acquisition; the
4034construction or expansion of a public school facility, or a
4035portion thereof; or the construction of a charter school that
4036complies with the requirements of s. 1002.33(18), as
4037proportionate-share mitigation, the local government shall
4038credit such a contribution, construction, expansion, or payment
4039toward any other impact fee or exaction imposed by local
4040ordinance for the same need, on a dollar-for-dollar basis at
4041fair market value.
4042     c.3.  Any proportionate-share mitigation must be directed
4043by the school board toward a school capacity improvement
4044identified in the a financially feasible 5-year school board's
4045educational facilities district work plan that satisfies the
4046demands created by the development in accordance with a binding
4047developer's agreement.
4048     4.  If a development is precluded from commencing because
4049there is inadequate classroom capacity to mitigate the impacts
4050of the development, the development may nevertheless commence if
4051there are accelerated facilities in an approved capital
4052improvement element scheduled for construction in year four or
4053later of such plan which, when built, will mitigate the proposed
4054development, or if such accelerated facilities will be in the
4055next annual update of the capital facilities element, the
4056developer enters into a binding, financially guaranteed
4057agreement with the school district to construct an accelerated
4058facility within the first 3 years of an approved capital
4059improvement plan, and the cost of the school facility is equal
4060to or greater than the development's proportionate share. When
4061the completed school facility is conveyed to the school
4062district, the developer shall receive impact fee credits usable
4063within the zone where the facility is constructed or any
4064attendance zone contiguous with or adjacent to the zone where
4065the facility is constructed.
4066     3.5.  This paragraph does not limit the authority of a
4067local government to deny a development permit or its functional
4068equivalent pursuant to its home rule regulatory powers, except
4069as provided in this part.
4070     (i)(f)  Intergovernmental coordination.-
4071     1.  When establishing concurrency requirements for public
4072schools, a local government shall satisfy the requirements for
4073intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4074and 2., except that A municipality is not required to be a
4075signatory to the interlocal agreement required by paragraph (j)
4076ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4077imposition of school concurrency, and as a nonsignatory, may
4078shall not participate in the adopted local school concurrency
4079system, if the municipality meets all of the following criteria
4080for having no significant impact on school attendance:
4081     1.a.  The municipality has issued development orders for
4082fewer than 50 residential dwelling units during the preceding 5
4083years, or the municipality has generated fewer than 25
4084additional public school students during the preceding 5 years.
4085     2.b.  The municipality has not annexed new land during the
4086preceding 5 years in land use categories which permit
4087residential uses that will affect school attendance rates.
4088     3.c.  The municipality has no public schools located within
4089its boundaries.
4090     4.d.  At least 80 percent of the developable land within
4091the boundaries of the municipality has been built upon.
4092     2.  A municipality which qualifies as having no significant
4093impact on school attendance pursuant to the criteria of
4094subparagraph 1. must review and determine at the time of its
4095evaluation and appraisal report pursuant to s. 163.3191 whether
4096it continues to meet the criteria pursuant to s. 163.31777(6).
4097If the municipality determines that it no longer meets the
4098criteria, it must adopt appropriate school concurrency goals,
4099objectives, and policies in its plan amendments based on the
4100evaluation and appraisal report, and enter into the existing
4101interlocal agreement required by ss. 163.3177(6)(h)2. and
4102163.31777, in order to fully participate in the school
4103concurrency system. If such a municipality fails to do so, it
4104will be subject to the enforcement provisions of s. 163.3191.
4105     (j)(g)  Interlocal agreement for school concurrency.-When
4106establishing concurrency requirements for public schools, a
4107local government must enter into an interlocal agreement that
4108satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4109163.31777 and the requirements of this subsection. The
4110interlocal agreement shall acknowledge both the school board's
4111constitutional and statutory obligations to provide a uniform
4112system of free public schools on a countywide basis, and the
4113land use authority of local governments, including their
4114authority to approve or deny comprehensive plan amendments and
4115development orders. The interlocal agreement shall be submitted
4116to the state land planning agency by the local government as a
4117part of the compliance review, along with the other necessary
4118amendments to the comprehensive plan required by this part. In
4119addition to the requirements of ss. 163.3177(6)(h) and
4120163.31777, The interlocal agreement shall meet the following
4121requirements:
4122     1.  Establish the mechanisms for coordinating the
4123development, adoption, and amendment of each local government's
4124school concurrency related provisions of the comprehensive plan
4125public school facilities element with each other and the plans
4126of the school board to ensure a uniform districtwide school
4127concurrency system.
4128     2.  Establish a process for the development of siting
4129criteria which encourages the location of public schools
4130proximate to urban residential areas to the extent possible and
4131seeks to collocate schools with other public facilities such as
4132parks, libraries, and community centers to the extent possible.
4133     2.3.  Specify uniform, districtwide level-of-service
4134standards for public schools of the same type and the process
4135for modifying the adopted level-of-service standards.
4136     4.  Establish a process for the preparation, amendment, and
4137joint approval by each local government and the school board of
4138a public school capital facilities program which is financially
4139feasible, and a process and schedule for incorporation of the
4140public school capital facilities program into the local
4141government comprehensive plans on an annual basis.
4142     3.5.  Define the geographic application of school
4143concurrency. If school concurrency is to be applied on a less
4144than districtwide basis in the form of concurrency service
4145areas, the agreement shall establish criteria and standards for
4146the establishment and modification of school concurrency service
4147areas. The agreement shall also establish a process and schedule
4148for the mandatory incorporation of the school concurrency
4149service areas and the criteria and standards for establishment
4150of the service areas into the local government comprehensive
4151plans. The agreement shall ensure maximum utilization of school
4152capacity, taking into account transportation costs and court-
4153approved desegregation plans, as well as other factors. The
4154agreement shall also ensure the achievement and maintenance of
4155the adopted level-of-service standards for the geographic area
4156of application throughout the 5 years covered by the public
4157school capital facilities plan and thereafter by adding a new
4158fifth year during the annual update.
4159     4.6.  Establish a uniform districtwide procedure for
4160implementing school concurrency which provides for:
4161     a.  The evaluation of development applications for
4162compliance with school concurrency requirements, including
4163information provided by the school board on affected schools,
4164impact on levels of service, and programmed improvements for
4165affected schools and any options to provide sufficient capacity;
4166     b.  An opportunity for the school board to review and
4167comment on the effect of comprehensive plan amendments and
4168rezonings on the public school facilities plan; and
4169     c.  The monitoring and evaluation of the school concurrency
4170system.
4171     7.  Include provisions relating to amendment of the
4172agreement.
4173     5.8.  A process and uniform methodology for determining
4174proportionate-share mitigation pursuant to paragraph (h)
4175subparagraph (e)1.
4176     (k)(h)  Local government authority.-This subsection does
4177not limit the authority of a local government to grant or deny a
4178development permit or its functional equivalent prior to the
4179implementation of school concurrency.
4180     (14)  The state land planning agency shall, by October 1,
41811998, adopt by rule minimum criteria for the review and
4182determination of compliance of a public school facilities
4183element adopted by a local government for purposes of imposition
4184of school concurrency.
4185     (15)(a)  Multimodal transportation districts may be
4186established under a local government comprehensive plan in areas
4187delineated on the future land use map for which the local
4188comprehensive plan assigns secondary priority to vehicle
4189mobility and primary priority to assuring a safe, comfortable,
4190and attractive pedestrian environment, with convenient
4191interconnection to transit. Such districts must incorporate
4192community design features that will reduce the number of
4193automobile trips or vehicle miles of travel and will support an
4194integrated, multimodal transportation system. Prior to the
4195designation of multimodal transportation districts, the
4196Department of Transportation shall be consulted by the local
4197government to assess the impact that the proposed multimodal
4198district area is expected to have on the adopted level-of-
4199service standards established for Strategic Intermodal System
4200facilities, as defined in s. 339.64, and roadway facilities
4201funded in accordance with s. 339.2819. Further, the local
4202government shall, in cooperation with the Department of
4203Transportation, develop a plan to mitigate any impacts to the
4204Strategic Intermodal System, including the development of a
4205long-term concurrency management system pursuant to subsection
4206(9) and s. 163.3177(3)(d). Multimodal transportation districts
4207existing prior to July 1, 2005, shall meet, at a minimum, the
4208provisions of this section by July 1, 2006, or at the time of
4209the comprehensive plan update pursuant to the evaluation and
4210appraisal report, whichever occurs last.
4211     (b)  Community design elements of such a district include:
4212a complementary mix and range of land uses, including
4213educational, recreational, and cultural uses; interconnected
4214networks of streets designed to encourage walking and bicycling,
4215with traffic-calming where desirable; appropriate densities and
4216intensities of use within walking distance of transit stops;
4217daily activities within walking distance of residences, allowing
4218independence to persons who do not drive; public uses, streets,
4219and squares that are safe, comfortable, and attractive for the
4220pedestrian, with adjoining buildings open to the street and with
4221parking not interfering with pedestrian, transit, automobile,
4222and truck travel modes.
4223     (c)  Local governments may establish multimodal level-of-
4224service standards that rely primarily on nonvehicular modes of
4225transportation within the district, when justified by an
4226analysis demonstrating that the existing and planned community
4227design will provide an adequate level of mobility within the
4228district based upon professionally accepted multimodal level-of-
4229service methodologies. The analysis must also demonstrate that
4230the capital improvements required to promote community design
4231are financially feasible over the development or redevelopment
4232timeframe for the district and that community design features
4233within the district provide convenient interconnection for a
4234multimodal transportation system. Local governments may issue
4235development permits in reliance upon all planned community
4236design capital improvements that are financially feasible over
4237the development or redevelopment timeframe for the district,
4238without regard to the period of time between development or
4239redevelopment and the scheduled construction of the capital
4240improvements. A determination of financial feasibility shall be
4241based upon currently available funding or funding sources that
4242could reasonably be expected to become available over the
4243planning period.
4244     (d)  Local governments may reduce impact fees or local
4245access fees for development within multimodal transportation
4246districts based on the reduction of vehicle trips per household
4247or vehicle miles of travel expected from the development pattern
4248planned for the district.
4249     (16)  It is the intent of the Legislature to provide a
4250method by which the impacts of development on transportation
4251facilities can be mitigated by the cooperative efforts of the
4252public and private sectors. The methodology used to calculate
4253proportionate fair-share mitigation under this section shall be
4254as provided for in subsection (12).
4255     (a)  By December 1, 2006, each local government shall adopt
4256by ordinance a methodology for assessing proportionate fair-
4257share mitigation options. By December 1, 2005, the Department of
4258Transportation shall develop a model transportation concurrency
4259management ordinance with methodologies for assessing
4260proportionate fair-share mitigation options.
4261     (b)1.  In its transportation concurrency management system,
4262a local government shall, by December 1, 2006, include
4263methodologies that will be applied to calculate proportionate
4264fair-share mitigation. A developer may choose to satisfy all
4265transportation concurrency requirements by contributing or
4266paying proportionate fair-share mitigation if transportation
4267facilities or facility segments identified as mitigation for
4268traffic impacts are specifically identified for funding in the
42695-year schedule of capital improvements in the capital
4270improvements element of the local plan or the long-term
4271concurrency management system or if such contributions or
4272payments to such facilities or segments are reflected in the 5-
4273year schedule of capital improvements in the next regularly
4274scheduled update of the capital improvements element. Updates to
4275the 5-year capital improvements element which reflect
4276proportionate fair-share contributions may not be found not in
4277compliance based on ss. 163.3164(32) and 163.3177(3) if
4278additional contributions, payments or funding sources are
4279reasonably anticipated during a period not to exceed 10 years to
4280fully mitigate impacts on the transportation facilities.
4281     2.  Proportionate fair-share mitigation shall be applied as
4282a credit against impact fees to the extent that all or a portion
4283of the proportionate fair-share mitigation is used to address
4284the same capital infrastructure improvements contemplated by the
4285local government's impact fee ordinance.
4286     (c)  Proportionate fair-share mitigation includes, without
4287limitation, separately or collectively, private funds,
4288contributions of land, and construction and contribution of
4289facilities and may include public funds as determined by the
4290local government. Proportionate fair-share mitigation may be
4291directed toward one or more specific transportation improvements
4292reasonably related to the mobility demands created by the
4293development and such improvements may address one or more modes
4294of travel. The fair market value of the proportionate fair-share
4295mitigation shall not differ based on the form of mitigation. A
4296local government may not require a development to pay more than
4297its proportionate fair-share contribution regardless of the
4298method of mitigation. Proportionate fair-share mitigation shall
4299be limited to ensure that a development meeting the requirements
4300of this section mitigates its impact on the transportation
4301system but is not responsible for the additional cost of
4302reducing or eliminating backlogs.
4303     (d)  This subsection does not require a local government to
4304approve a development that is not otherwise qualified for
4305approval pursuant to the applicable local comprehensive plan and
4306land development regulations.
4307     (e)  Mitigation for development impacts to facilities on
4308the Strategic Intermodal System made pursuant to this subsection
4309requires the concurrence of the Department of Transportation.
4310     (f)  If the funds in an adopted 5-year capital improvements
4311element are insufficient to fully fund construction of a
4312transportation improvement required by the local government's
4313concurrency management system, a local government and a
4314developer may still enter into a binding proportionate-share
4315agreement authorizing the developer to construct that amount of
4316development on which the proportionate share is calculated if
4317the proportionate-share amount in such agreement is sufficient
4318to pay for one or more improvements which will, in the opinion
4319of the governmental entity or entities maintaining the
4320transportation facilities, significantly benefit the impacted
4321transportation system. The improvements funded by the
4322proportionate-share component must be adopted into the 5-year
4323capital improvements schedule of the comprehensive plan at the
4324next annual capital improvements element update. The funding of
4325any improvements that significantly benefit the impacted
4326transportation system satisfies concurrency requirements as a
4327mitigation of the development's impact upon the overall
4328transportation system even if there remains a failure of
4329concurrency on other impacted facilities.
4330     (g)  Except as provided in subparagraph (b)1., this section
4331may not prohibit the Department of Community Affairs from
4332finding other portions of the capital improvements element
4333amendments not in compliance as provided in this chapter.
4334     (h)  The provisions of this subsection do not apply to a
4335development of regional impact satisfying the requirements of
4336subsection (12).
4337     (i)  As used in this subsection, the term "backlog" means a
4338facility or facilities on which the adopted level-of-service
4339standard is exceeded by the existing trips, plus additional
4340projected background trips from any source other than the
4341development project under review that are forecast by
4342established traffic standards, including traffic modeling,
4343consistent with the University of Florida Bureau of Economic and
4344Business Research medium population projections. Additional
4345projected background trips are to be coincident with the
4346particular stage or phase of development under review.
4347     (17)  A local government and the developer of affordable
4348workforce housing units developed in accordance with s.
4349380.06(19) or s. 380.0651(3) may identify an employment center
4350or centers in close proximity to the affordable workforce
4351housing units. If at least 50 percent of the units are occupied
4352by an employee or employees of an identified employment center
4353or centers, all of the affordable workforce housing units are
4354exempt from transportation concurrency requirements, and the
4355local government may not reduce any transportation trip-
4356generation entitlements of an approved development-of-regional-
4357impact development order. As used in this subsection, the term
4358"close proximity" means 5 miles from the nearest point of the
4359development of regional impact to the nearest point of the
4360employment center, and the term "employment center" means a
4361place of employment that employs at least 25 or more full-time
4362employees.
4363     Section 16.  Section 163.3182, Florida Statutes, is amended
4364to read:
4365     163.3182  Transportation deficiencies concurrency
4366backlogs.-
4367     (1)  DEFINITIONS.-For purposes of this section, the term:
4368     (a)  "Transportation deficiency concurrency backlog area"
4369means the geographic area within the unincorporated portion of a
4370county or within the municipal boundary of a municipality
4371designated in a local government comprehensive plan for which a
4372transportation development concurrency backlog authority is
4373created pursuant to this section. A transportation deficiency
4374concurrency backlog area created within the corporate boundary
4375of a municipality shall be made pursuant to an interlocal
4376agreement between a county, a municipality or municipalities,
4377and any affected taxing authority or authorities.
4378     (b)  "Authority" or "transportation development concurrency
4379backlog authority" means the governing body of a county or
4380municipality within which an authority is created.
4381     (c)  "Governing body" means the council, commission, or
4382other legislative body charged with governing the county or
4383municipality within which an a transportation concurrency
4384backlog authority is created pursuant to this section.
4385     (d)  "Transportation deficiency concurrency backlog" means
4386an identified need deficiency where the existing and projected
4387extent of traffic volume exceeds the level of service standard
4388adopted in a local government comprehensive plan for a
4389transportation facility.
4390     (e)  "Transportation sufficiency concurrency backlog plan"
4391means the plan adopted as part of a local government
4392comprehensive plan by the governing body of a county or
4393municipality acting as a transportation development concurrency
4394backlog authority.
4395     (f)  "Transportation concurrency backlog project" means any
4396designated transportation project identified for construction
4397within the jurisdiction of a transportation development
4398concurrency backlog authority.
4399     (g)  "Debt service millage" means any millage levied
4400pursuant to s. 12, Art. VII of the State Constitution.
4401     (h)  "Increment revenue" means the amount calculated
4402pursuant to subsection (5).
4403     (i)  "Taxing authority" means a public body that levies or
4404is authorized to levy an ad valorem tax on real property located
4405within a transportation deficiency concurrency backlog area,
4406except a school district.
4407     (2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4408BACKLOG AUTHORITIES.-
4409     (a)  A county or municipality may create a transportation
4410development concurrency backlog authority if it has an
4411identified transportation deficiency concurrency backlog.
4412     (b)  Acting as the transportation development concurrency
4413backlog authority within the authority's jurisdictional
4414boundary, the governing body of a county or municipality shall
4415adopt and implement a plan to eliminate all identified
4416transportation deficiencies concurrency backlogs within the
4417authority's jurisdiction using funds provided pursuant to
4418subsection (5) and as otherwise provided pursuant to this
4419section.
4420     (c)  The Legislature finds and declares that there exist in
4421many counties and municipalities areas that have significant
4422transportation deficiencies and inadequate transportation
4423facilities; that many insufficiencies and inadequacies severely
4424limit or prohibit the satisfaction of transportation level of
4425service concurrency standards; that the transportation
4426insufficiencies and inadequacies affect the health, safety, and
4427welfare of the residents of these counties and municipalities;
4428that the transportation insufficiencies and inadequacies
4429adversely affect economic development and growth of the tax base
4430for the areas in which these insufficiencies and inadequacies
4431exist; and that the elimination of transportation deficiencies
4432and inadequacies and the satisfaction of transportation
4433concurrency standards are paramount public purposes for the
4434state and its counties and municipalities.
4435     (3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4436BACKLOG AUTHORITY.-Each transportation development concurrency
4437backlog authority created pursuant to this section has the
4438powers necessary or convenient to carry out the purposes of this
4439section, including the following powers in addition to others
4440granted in this section:
4441     (a)  To make and execute contracts and other instruments
4442necessary or convenient to the exercise of its powers under this
4443section.
4444     (b)  To undertake and carry out transportation concurrency
4445backlog projects for transportation facilities designed to
4446relieve transportation deficiencies that have a concurrency
4447backlog within the authority's jurisdiction. Transportation
4448Concurrency backlog projects may include transportation
4449facilities that provide for alternative modes of travel
4450including sidewalks, bikeways, and mass transit which are
4451related to a deficient backlogged transportation facility.
4452     (c)  To invest any transportation concurrency backlog funds
4453held in reserve, sinking funds, or any such funds not required
4454for immediate disbursement in property or securities in which
4455savings banks may legally invest funds subject to the control of
4456the authority and to redeem such bonds as have been issued
4457pursuant to this section at the redemption price established
4458therein, or to purchase such bonds at less than redemption
4459price. All such bonds redeemed or purchased shall be canceled.
4460     (d)  To borrow money, including, but not limited to,
4461issuing debt obligations such as, but not limited to, bonds,
4462notes, certificates, and similar debt instruments; to apply for
4463and accept advances, loans, grants, contributions, and any other
4464forms of financial assistance from the Federal Government or the
4465state, county, or any other public body or from any sources,
4466public or private, for the purposes of this part; to give such
4467security as may be required; to enter into and carry out
4468contracts or agreements; and to include in any contracts for
4469financial assistance with the Federal Government for or with
4470respect to a transportation concurrency backlog project and
4471related activities such conditions imposed under federal laws as
4472the transportation development concurrency backlog authority
4473considers reasonable and appropriate and which are not
4474inconsistent with the purposes of this section.
4475     (e)  To make or have made all surveys and plans necessary
4476to the carrying out of the purposes of this section; to contract
4477with any persons, public or private, in making and carrying out
4478such plans; and to adopt, approve, modify, or amend such
4479transportation sufficiency concurrency backlog plans.
4480     (f)  To appropriate such funds and make such expenditures
4481as are necessary to carry out the purposes of this section, and
4482to enter into agreements with other public bodies, which
4483agreements may extend over any period notwithstanding any
4484provision or rule of law to the contrary.
4485     (4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4486     (a)  Each transportation development concurrency backlog
4487authority shall adopt a transportation sufficiency concurrency
4488backlog plan as a part of the local government comprehensive
4489plan within 6 months after the creation of the authority. The
4490plan must:
4491     (a)1.  Identify all transportation facilities that have
4492been designated as deficient and require the expenditure of
4493moneys to upgrade, modify, or mitigate the deficiency.
4494     (b)2.  Include a priority listing of all transportation
4495facilities that have been designated as deficient and do not
4496satisfy concurrency requirements pursuant to s. 163.3180, and
4497the applicable local government comprehensive plan.
4498     (c)3.  Establish a schedule for financing and construction
4499of transportation concurrency backlog projects that will
4500eliminate transportation deficiencies concurrency backlogs
4501within the jurisdiction of the authority within 10 years after
4502the transportation sufficiency concurrency backlog plan
4503adoption. The schedule shall be adopted as part of the local
4504government comprehensive plan.
4505     (b)  The adoption of the transportation concurrency backlog
4506plan shall be exempt from the provisions of s. 163.3187(1).
4507
4508Notwithstanding such schedule requirements, as long as the
4509schedule provides for the elimination of all transportation
4510deficiencies concurrency backlogs within 10 years after the
4511adoption of the transportation sufficiency concurrency backlog
4512plan, the final maturity date of any debt incurred to finance or
4513refinance the related projects may be no later than 40 years
4514after the date the debt is incurred and the authority may
4515continue operations and administer the trust fund established as
4516provided in subsection (5) for as long as the debt remains
4517outstanding.
4518     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4519development concurrency backlog authority shall establish a
4520local transportation concurrency backlog trust fund upon
4521creation of the authority. Each local trust fund shall be
4522administered by the transportation development concurrency
4523backlog authority within which a transportation deficiencies
4524have concurrency backlog has been identified. Each local trust
4525fund must continue to be funded under this section for as long
4526as the projects set forth in the related transportation
4527sufficiency concurrency backlog plan remain to be completed or
4528until any debt incurred to finance or refinance the related
4529projects is no longer outstanding, whichever occurs later.
4530Beginning in the first fiscal year after the creation of the
4531authority, each local trust fund shall be funded by the proceeds
4532of an ad valorem tax increment collected within each
4533transportation deficiency concurrency backlog area to be
4534determined annually and shall be a minimum of 25 percent of the
4535difference between the amounts set forth in paragraphs (a) and
4536(b), except that if all of the affected taxing authorities agree
4537under an interlocal agreement, a particular local trust fund may
4538be funded by the proceeds of an ad valorem tax increment greater
4539than 25 percent of the difference between the amounts set forth
4540in paragraphs (a) and (b):
4541     (a)  The amount of ad valorem tax levied each year by each
4542taxing authority, exclusive of any amount from any debt service
4543millage, on taxable real property contained within the
4544jurisdiction of the transportation development concurrency
4545backlog authority and within the transportation deficiency
4546backlog area; and
4547     (b)  The amount of ad valorem taxes which would have been
4548produced by the rate upon which the tax is levied each year by
4549or for each taxing authority, exclusive of any debt service
4550millage, upon the total of the assessed value of the taxable
4551real property within the transportation deficiency concurrency
4552backlog area as shown on the most recent assessment roll used in
4553connection with the taxation of such property of each taxing
4554authority prior to the effective date of the ordinance funding
4555the trust fund.
4556     (6)  EXEMPTIONS.-
4557     (a)  The following public bodies or taxing authorities are
4558exempt from the provisions of this section:
4559     1.  A special district that levies ad valorem taxes on
4560taxable real property in more than one county.
4561     2.  A special district for which the sole available source
4562of revenue is the authority to levy ad valorem taxes at the time
4563an ordinance is adopted under this section. However, revenues or
4564aid that may be dispensed or appropriated to a district as
4565defined in s. 388.011 at the discretion of an entity other than
4566such district are shall not be deemed available.
4567     3.  A library district.
4568     4.  A neighborhood improvement district created under the
4569Safe Neighborhoods Act.
4570     5.  A metropolitan transportation authority.
4571     6.  A water management district created under s. 373.069.
4572     7.  A community redevelopment agency.
4573     (b)  A transportation development concurrency exemption
4574authority may also exempt from this section a special district
4575that levies ad valorem taxes within the transportation
4576deficiency concurrency backlog area pursuant to s.
4577163.387(2)(d).
4578     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4579of a transportation sufficiency concurrency backlog plan as a
4580part of the local government comprehensive plan, and the plan
4581going into effect, the area subject to the plan shall be deemed
4582to have achieved and maintained transportation level-of-service
4583standards, and to have met requirements for financial
4584feasibility for transportation facilities, and for the purpose
4585of proposed development transportation concurrency has been
4586satisfied. Proportionate fair-share mitigation shall be limited
4587to ensure that a development inside a transportation deficiency
4588concurrency backlog area is not responsible for the additional
4589costs of eliminating deficiencies backlogs.
4590     (8)  DISSOLUTION.-Upon completion of all transportation
4591concurrency backlog projects identified in the transportation
4592sufficiency plan and repayment or defeasance of all debt issued
4593to finance or refinance such projects, a transportation
4594development concurrency backlog authority shall be dissolved,
4595and its assets and liabilities transferred to the county or
4596municipality within which the authority is located. All
4597remaining assets of the authority must be used for
4598implementation of transportation projects within the
4599jurisdiction of the authority. The local government
4600comprehensive plan shall be amended to remove the transportation
4601concurrency backlog plan.
4602     Section 17.  Section 163.3184, Florida Statutes, is amended
4603to read:
4604     163.3184  Process for adoption of comprehensive plan or
4605plan amendment.-
4606     (1)  DEFINITIONS.-As used in this section, the term:
4607     (a)  "Affected person" includes the affected local
4608government; persons owning property, residing, or owning or
4609operating a business within the boundaries of the local
4610government whose plan is the subject of the review; owners of
4611real property abutting real property that is the subject of a
4612proposed change to a future land use map; and adjoining local
4613governments that can demonstrate that the plan or plan amendment
4614will produce substantial impacts on the increased need for
4615publicly funded infrastructure or substantial impacts on areas
4616designated for protection or special treatment within their
4617jurisdiction. Each person, other than an adjoining local
4618government, in order to qualify under this definition, shall
4619also have submitted oral or written comments, recommendations,
4620or objections to the local government during the period of time
4621beginning with the transmittal hearing for the plan or plan
4622amendment and ending with the adoption of the plan or plan
4623amendment.
4624     (b)  "In compliance" means consistent with the requirements
4625of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4626163.3248 with the state comprehensive plan, with the appropriate
4627strategic regional policy plan, and with chapter 9J-5, Florida
4628Administrative Code, where such rule is not inconsistent with
4629this part and with the principles for guiding development in
4630designated areas of critical state concern and with part III of
4631chapter 369, where applicable.
4632     (c)  "Reviewing agencies" means:
4633     1.  The state land planning agency;
4634     2.  The appropriate regional planning council;
4635     3.  The appropriate water management district;
4636     4.  The Department of Environmental Protection;
4637     5.  The Department of State;
4638     6.  The Department of Transportation;
4639     7.  In the case of plan amendments relating to public
4640schools, the Department of Education;
4641     8.  In the case of plans or plan amendments that affect a
4642military installation listed in s. 163.3175, the commanding
4643officer of the affected military installation;  
4644     9.  In the case of county plans and plan amendments, the
4645Fish and Wildlife Conservation Commission and the Department of
4646Agriculture and Consumer Services; and
4647     10.  In the case of municipal plans and plan amendments,
4648the county in which the municipality is located.
4649     (2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4650     (a)  Plan amendments adopted by local governments shall
4651follow the expedited state review process in subsection (3),
4652except as set forth in paragraphs (b) and (c).
4653     (b)  Plan amendments that qualify as small-scale
4654development amendments may follow the small-scale review process
4655in s. 163.3187.
4656     (c)  Plan amendments that are in an area of critical state
4657concern designated pursuant to s. 380.05; propose a rural land
4658stewardship area pursuant to s. 163.3248; propose a sector plan
4659pursuant to s. 163.3245; update a comprehensive plan based on an
4660evaluation and appraisal pursuant to s. 163.3191; or are new
4661plans for newly incorporated municipalities adopted pursuant to
4662s. 163.3167 shall follow the state coordinated review process in
4663subsection (4).
4664     (3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4665COMPREHENSIVE PLAN AMENDMENTS.-
4666     (a)  The process for amending a comprehensive plan
4667described in this subsection shall apply to all amendments
4668except as provided in paragraphs (2)(b) and (c) and shall be
4669applicable statewide.
4670     (b)1.  The local government, after the initial public
4671hearing held pursuant to subsection (11), shall transmit within
467210 days the amendment or amendments and appropriate supporting
4673data and analyses to the reviewing agencies. The local governing
4674body shall also transmit a copy of the amendments and supporting
4675data and analyses to any other local government or governmental
4676agency that has filed a written request with the governing body.
4677     2.  The reviewing agencies and any other local government
4678or governmental agency specified in subparagraph 1. may provide
4679comments regarding the amendment or amendments to the local
4680government. State agencies shall only comment on important state
4681resources and facilities that will be adversely impacted by the
4682amendment if adopted. Comments provided by state agencies shall
4683state with specificity how the plan amendment will adversely
4684impact an important state resource or facility and shall
4685identify measures the local government may take to eliminate,
4686reduce, or mitigate the adverse impacts. Such comments, if not
4687resolved, may result in a challenge by the state land planning
4688agency to the plan amendment. Agencies and local governments
4689must transmit their comments to the affected local government
4690such that they are received by the local government not later
4691than 30 days from the date on which the agency or government
4692received the amendment or amendments. Reviewing agencies shall
4693also send a copy of their comments to the state land planning
4694agency.
4695     3.  Comments to the local government from a regional
4696planning council, county, or municipality shall be limited as
4697follows:
4698     a.  The regional planning council review and comments shall
4699be limited to adverse effects on regional resources or
4700facilities identified in the strategic regional policy plan and
4701extrajurisdictional impacts that would be inconsistent with the
4702comprehensive plan of any affected local government within the
4703region. A regional planning council may not review and comment
4704on a proposed comprehensive plan amendment prepared by such
4705council unless the plan amendment has been changed by the local
4706government subsequent to the preparation of the plan amendment
4707by the regional planning council.
4708     b.  County comments shall be in the context of the
4709relationship and effect of the proposed plan amendments on the
4710county plan.
4711     c.  Municipal comments shall be in the context of the
4712relationship and effect of the proposed plan amendments on the
4713municipal plan.
4714     d. Military installation comments shall be provided in
4715accordance with s. 163.3175.
4716     4.  Comments to the local government from state agencies
4717shall be limited to the following subjects as they relate to
4718important state resources and facilities that will be adversely
4719impacted by the amendment if adopted:
4720     a.  The Department of Environmental Protection shall limit
4721its comments to the subjects of air and water pollution;
4722wetlands and other surface waters of the state; federal and
4723state-owned lands and interest in lands, including state parks,
4724greenways and trails, and conservation easements; solid waste;
4725water and wastewater treatment; and the Everglades ecosystem
4726restoration.
4727     b.  The Department of State shall limit its comments to the
4728subjects of historic and archeological resources.
4729     c.  The Department of Transportation shall limit its
4730comments to issues within the agency's jurisdiction as it
4731relates to transportation resources and facilities of state
4732importance.
4733     d.  The Fish and Wildlife Conservation Commission shall
4734limit its comments to subjects relating to fish and wildlife
4735habitat and listed species and their habitat.
4736     e.  The Department of Agriculture and Consumer Services
4737shall limit its comments to the subjects of agriculture,
4738forestry, and aquaculture issues.
4739     f.  The Department of Education shall limit its comments to
4740the subject of public school facilities.
4741     g.  The appropriate water management district shall limit
4742its comments to flood protection and floodplain management,
4743wetlands and other surface waters, and regional water supply.
4744     h.  The state land planning agency shall limit its comments
4745to important state resources and facilities outside the
4746jurisdiction of other commenting state agencies and may include
4747comments on countervailing planning policies and objectives
4748served by the plan amendment that should be balanced against
4749potential adverse impacts to important state resources and
4750facilities.
4751     (c)1.  The local government shall hold its second public
4752hearing, which shall be a hearing on whether to adopt one or
4753more comprehensive plan amendments pursuant to subsection (11).
4754If the local government fails, within 180 days after receipt of
4755agency comments, to hold the second public hearing, the
4756amendments shall be deemed withdrawn unless extended by
4757agreement with notice to the state land planning agency and any
4758affected person that provided comments on the amendment. The
4759180-day limitation does not apply to amendments processed
4760pursuant to s. 380.06.
4761     2.  All comprehensive plan amendments adopted by the
4762governing body, along with the supporting data and analysis,
4763shall be transmitted within 10 days after the second public
4764hearing to the state land planning agency and any other agency
4765or local government that provided timely comments under
4766subparagraph (b)2.
4767     3.  The state land planning agency shall notify the local
4768government of any deficiencies within 5 working days after
4769receipt of an amendment package. For purposes of completeness,
4770an amendment shall be deemed complete if it contains a full,
4771executed copy of the adoption ordinance or ordinances; in the
4772case of a text amendment, a full copy of the amended language in
4773legislative format with new words inserted in the text
4774underlined, and words deleted stricken with hyphens; in the case
4775of a future land use map amendment, a copy of the future land
4776use map clearly depicting the parcel, its existing future land
4777use designation, and its adopted designation; and a copy of any
4778data and analyses the local government deems appropriate.
4779     4.  An amendment adopted under this paragraph does not
4780become effective until 31 days after the state land planning
4781agency notifies the local government that the plan amendment
4782package is complete. If timely challenged, an amendment does not
4783become effective until the state land planning agency or the
4784Administration Commission enters a final order determining the
4785adopted amendment to be in compliance.
4786     (4)  STATE COORDINATED REVIEW PROCESS.-
4787     (a)(2)  Coordination.-The state land planning agency shall
4788only use the state coordinated review process described in this
4789subsection for review of comprehensive plans and plan amendments
4790described in paragraph (2)(c). Each comprehensive plan or plan
4791amendment proposed to be adopted pursuant to this subsection
4792part shall be transmitted, adopted, and reviewed in the manner
4793prescribed in this subsection section. The state land planning
4794agency shall have responsibility for plan review, coordination,
4795and the preparation and transmission of comments, pursuant to
4796this subsection section, to the local governing body responsible
4797for the comprehensive plan or plan amendment. The state land
4798planning agency shall maintain a single file concerning any
4799proposed or adopted plan amendment submitted by a local
4800government for any review under this section. Copies of all
4801correspondence, papers, notes, memoranda, and other documents
4802received or generated by the state land planning agency must be
4803placed in the appropriate file. Paper copies of all electronic
4804mail correspondence must be placed in the file. The file and its
4805contents must be available for public inspection and copying as
4806provided in chapter 119.
4807     (b)(3)  Local government transmittal of proposed plan or
4808amendment.-
4809     (a)  Each local governing body proposing a plan or plan
4810amendment specified in paragraph (2)(c) shall transmit the
4811complete proposed comprehensive plan or plan amendment to the
4812reviewing agencies state land planning agency, the appropriate
4813regional planning council and water management district, the
4814Department of Environmental Protection, the Department of State,
4815and the Department of Transportation, and, in the case of
4816municipal plans, to the appropriate county, and, in the case of
4817county plans, to the Fish and Wildlife Conservation Commission
4818and the Department of Agriculture and Consumer Services,
4819immediately following the first a public hearing pursuant to
4820subsection (11). The transmitted document shall clearly indicate
4821on the cover sheet that this plan amendment is subject to the
4822state coordinated review process of s. 163.3184(4)(15) as
4823specified in the state land planning agency's procedural rules.
4824The local governing body shall also transmit a copy of the
4825complete proposed comprehensive plan or plan amendment to any
4826other unit of local government or government agency in the state
4827that has filed a written request with the governing body for the
4828plan or plan amendment. The local government may request a
4829review by the state land planning agency pursuant to subsection
4830(6) at the time of the transmittal of an amendment.
4831     (b)  A local governing body shall not transmit portions of
4832a plan or plan amendment unless it has previously provided to
4833all state agencies designated by the state land planning agency
4834a complete copy of its adopted comprehensive plan pursuant to
4835subsection (7) and as specified in the agency's procedural
4836rules. In the case of comprehensive plan amendments, the local
4837governing body shall transmit to the state land planning agency,
4838the appropriate regional planning council and water management
4839district, the Department of Environmental Protection, the
4840Department of State, and the Department of Transportation, and,
4841in the case of municipal plans, to the appropriate county and,
4842in the case of county plans, to the Fish and Wildlife
4843Conservation Commission and the Department of Agriculture and
4844Consumer Services the materials specified in the state land
4845planning agency's procedural rules and, in cases in which the
4846plan amendment is a result of an evaluation and appraisal report
4847adopted pursuant to s. 163.3191, a copy of the evaluation and
4848appraisal report. Local governing bodies shall consolidate all
4849proposed plan amendments into a single submission for each of
4850the two plan amendment adoption dates during the calendar year
4851pursuant to s. 163.3187.
4852     (c)  A local government may adopt a proposed plan amendment
4853previously transmitted pursuant to this subsection, unless
4854review is requested or otherwise initiated pursuant to
4855subsection (6).
4856     (d)  In cases in which a local government transmits
4857multiple individual amendments that can be clearly and legally
4858separated and distinguished for the purpose of determining
4859whether to review the proposed amendment, and the state land
4860planning agency elects to review several or a portion of the
4861amendments and the local government chooses to immediately adopt
4862the remaining amendments not reviewed, the amendments
4863immediately adopted and any reviewed amendments that the local
4864government subsequently adopts together constitute one amendment
4865cycle in accordance with s. 163.3187(1).
4866     (e)  At the request of an applicant, a local government
4867shall consider an application for zoning changes that would be
4868required to properly enact the provisions of any proposed plan
4869amendment transmitted pursuant to this subsection. Zoning
4870changes approved by the local government are contingent upon the
4871comprehensive plan or plan amendment transmitted becoming
4872effective.
4873     (c)(4)  Reviewing agency comments INTERGOVERNMENTAL
4874REVIEW.-The governmental agencies specified in paragraph (b) may
4875paragraph (3)(a) shall provide comments regarding the plan or
4876plan amendments in accordance with subparagraphs (3)(b)2.-4.
4877However, comments on plans or plan amendments required to be
4878reviewed under the state coordinated review process shall be
4879sent to the state land planning agency within 30 days after
4880receipt by the state land planning agency of the complete
4881proposed plan or plan amendment from the local government. If
4882the state land planning agency comments on a plan or plan
4883amendment adopted under the state coordinated review process, it
4884shall provide comments according to paragraph (d). Any other
4885unit of local government or government agency specified in
4886paragraph (b) may provide comments to the state land planning
4887agency in accordance with subparagraphs (3)(b)2.-4. within 30
4888days after receipt by the state land planning agency of the
4889complete proposed plan or plan amendment. If the plan or plan
4890amendment includes or relates to the public school facilities
4891element pursuant to s. 163.3177(12), the state land planning
4892agency shall submit a copy to the Office of Educational
4893Facilities of the Commissioner of Education for review and
4894comment. The appropriate regional planning council shall also
4895provide its written comments to the state land planning agency
4896within 30 days after receipt by the state land planning agency
4897of the complete proposed plan amendment and shall specify any
4898objections, recommendations for modifications, and comments of
4899any other regional agencies to which the regional planning
4900council may have referred the proposed plan amendment. Written
4901comments submitted by the public shall be sent directly to the
4902local government within 30 days after notice of transmittal by
4903the local government of the proposed plan amendment will be
4904considered as if submitted by governmental agencies. All written
4905agency and public comments must be made part of the file
4906maintained under subsection (2).
4907     (5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
4908the regional planning council pursuant to subsection (4) shall
4909be limited to effects on regional resources or facilities
4910identified in the strategic regional policy plan and
4911extrajurisdictional impacts which would be inconsistent with the
4912comprehensive plan of the affected local government. However,
4913any inconsistency between a local plan or plan amendment and a
4914strategic regional policy plan must not be the sole basis for a
4915notice of intent to find a local plan or plan amendment not in
4916compliance with this act. A regional planning council shall not
4917review and comment on a proposed comprehensive plan it prepared
4918itself unless the plan has been changed by the local government
4919subsequent to the preparation of the plan by the regional
4920planning agency. The review of the county land planning agency
4921pursuant to subsection (4) shall be primarily in the context of
4922the relationship and effect of the proposed plan amendment on
4923any county comprehensive plan element. Any review by
4924municipalities will be primarily in the context of the
4925relationship and effect on the municipal plan.
4926     (d)(6)  State land planning agency review.-
4927     (a)  The state land planning agency shall review a proposed
4928plan amendment upon request of a regional planning council,
4929affected person, or local government transmitting the plan
4930amendment. The request from the regional planning council or
4931affected person must be received within 30 days after
4932transmittal of the proposed plan amendment pursuant to
4933subsection (3). A regional planning council or affected person
4934requesting a review shall do so by submitting a written request
4935to the agency with a notice of the request to the local
4936government and any other person who has requested notice.
4937     (b)  The state land planning agency may review any proposed
4938plan amendment regardless of whether a request for review has
4939been made, if the agency gives notice to the local government,
4940and any other person who has requested notice, of its intention
4941to conduct such a review within 35 days after receipt of the
4942complete proposed plan amendment.
4943     1.(c)  The state land planning agency shall establish by
4944rule a schedule for receipt of comments from the various
4945government agencies, as well as written public comments,
4946pursuant to subsection (4). If the state land planning agency
4947elects to review a plan or plan the amendment or the agency is
4948required to review the amendment as specified in paragraph
4949(2)(c)(a), the agency shall issue a report giving its
4950objections, recommendations, and comments regarding the proposed
4951plan or plan amendment within 60 days after receipt of the
4952complete proposed plan or plan amendment by the state land
4953planning agency. Notwithstanding the limitation on comments in
4954sub-subparagraph (3)(b)4.g., the state land planning agency may
4955make objections, recommendations, and comments in its report
4956regarding whether the plan or plan amendment is in compliance
4957and whether the plan or plan amendment will adversely impact
4958important state resources and facilities. Any objection
4959regarding an important state resource or facility that will be
4960adversely impacted by the adopted plan or plan amendment shall
4961also state with specificity how the plan or plan amendment will
4962adversely impact the important state resource or facility and
4963shall identify measures the local government may take to
4964eliminate, reduce, or mitigate the adverse impacts. When a
4965federal, state, or regional agency has implemented a permitting
4966program, the state land planning agency shall not require a
4967local government is not required to duplicate or exceed that
4968permitting program in its comprehensive plan or to implement
4969such a permitting program in its land development regulations.
4970This subparagraph does not Nothing contained herein shall
4971prohibit the state land planning agency in conducting its review
4972of local plans or plan amendments from making objections,
4973recommendations, and comments or making compliance
4974determinations regarding densities and intensities consistent
4975with the provisions of this part. In preparing its comments, the
4976state land planning agency shall only base its considerations on
4977written, and not oral, comments, from any source.
4978     2.(d)  The state land planning agency review shall identify
4979all written communications with the agency regarding the
4980proposed plan amendment. If the state land planning agency does
4981not issue such a review, it shall identify in writing to the
4982local government all written communications received 30 days
4983after transmittal. The written identification must include a
4984list of all documents received or generated by the agency, which
4985list must be of sufficient specificity to enable the documents
4986to be identified and copies requested, if desired, and the name
4987of the person to be contacted to request copies of any
4988identified document. The list of documents must be made a part
4989of the public records of the state land planning agency.
4990     (e)(7)  Local government review of comments; adoption of
4991plan or amendments and transmittal.-
4992     1.(a)  The local government shall review the report written
4993comments submitted to it by the state land planning agency, if
4994any, and written comments submitted to it by any other person,
4995agency, or government. Any comments, recommendations, or
4996objections and any reply to them shall be public documents, a
4997part of the permanent record in the matter, and admissible in
4998any proceeding in which the comprehensive plan or plan amendment
4999may be at issue. The local government, upon receipt of the
5000report written comments from the state land planning agency,
5001shall hold its second public hearing, which shall be a hearing
5002to determine whether to adopt the comprehensive plan or one or
5003more comprehensive plan amendments pursuant to subsection (11).
5004If the local government fails to hold the second hearing within
5005180 days after receipt of the state land planning agency's
5006report, the amendments shall be deemed withdrawn unless extended
5007by agreement with notice to the state land planning agency and
5008any affected person that provided comments on the amendment. The
5009180-day limitation does not apply to amendments processed
5010pursuant to s. 380.06.
5011     2.  All comprehensive plan amendments adopted by the
5012governing body, along with the supporting data and analysis,
5013shall be transmitted within 10 days after the second public
5014hearing to the state land planning agency and any other agency
5015or local government that provided timely comments under
5016paragraph (c).
5017     3.  The state land planning agency shall notify the local
5018government of any deficiencies within 5 working days after
5019receipt of a plan or plan amendment package. For purposes of
5020completeness, a plan or plan amendment shall be deemed complete
5021if it contains a full, executed copy of the adoption ordinance
5022or ordinances; in the case of a text amendment, a full copy of
5023the amended language in legislative format with new words
5024inserted in the text underlined, and words deleted stricken with
5025hyphens; in the case of a future land use map amendment, a copy
5026of the future land use map clearly depicting the parcel, its
5027existing future land use designation, and its adopted
5028designation; and a copy of any data and analyses the local
5029government deems appropriate.
5030     4.  After the state land planning agency makes a
5031determination of completeness regarding the adopted plan or plan
5032amendment, the state land planning agency shall have 45 days to
5033determine if the plan or plan amendment is in compliance with
5034this act. Unless the plan or plan amendment is substantially
5035changed from the one commented on, the state land planning
5036agency's compliance determination shall be limited to objections
5037raised in the objections, recommendations, and comments report.
5038During the period provided for in this subparagraph, the state
5039land planning agency shall issue, through a senior administrator
5040or the secretary, a notice of intent to find that the plan or
5041plan amendment is in compliance or not in compliance. The state
5042land planning agency shall post a copy of the notice of intent
5043on the agency's Internet website. Publication by the state land
5044planning agency of the notice of intent on the state land
5045planning agency's Internet site shall be prima facie evidence of
5046compliance with the publication requirements of this
5047subparagraph.
5048     5.  A plan or plan amendment adopted under the state
5049coordinated review process shall go into effect pursuant to the
5050state land planning agency's notice of intent. If timely
5051challenged, an amendment does not become effective until the
5052state land planning agency or the Administration Commission
5053enters a final order determining the adopted amendment to be in
5054compliance.
5055     (5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5056AMENDMENTS.-
5057     (a)  Any affected person as defined in paragraph (1)(a) may
5058file a petition with the Division of Administrative Hearings
5059pursuant to ss. 120.569 and 120.57, with a copy served on the
5060affected local government, to request a formal hearing to
5061challenge whether the plan or plan amendments are in compliance
5062as defined in paragraph (1)(b). This petition must be filed with
5063the division within 30 days after the local government adopts
5064the amendment. The state land planning agency may not intervene
5065in a proceeding initiated by an affected person.
5066     (b)  The state land planning agency may file a petition
5067with the Division of Administrative Hearings pursuant to ss.
5068120.569 and 120.57, with a copy served on the affected local
5069government, to request a formal hearing to challenge whether the
5070plan or plan amendment is in compliance as defined in paragraph
5071(1)(b). The state land planning agency's petition must clearly
5072state the reasons for the challenge. Under the expedited state
5073review process, this petition must be filed with the division
5074within 30 days after the state land planning agency notifies the
5075local government that the plan amendment package is complete
5076according to subparagraph (3)(c)3. Under the state coordinated
5077review process, this petition must be filed with the division
5078within 45 days after the state land planning agency notifies the
5079local government that the plan amendment package is complete
5080according to subparagraph (3)(c)3.
5081     1.  The state land planning agency's challenge to plan
5082amendments adopted under the expedited state review process
5083shall be limited to the comments provided by the reviewing
5084agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5085determination by the state land planning agency that an
5086important state resource or facility will be adversely impacted
5087by the adopted plan amendment. The state land planning agency's
5088petition shall state with specificity how the plan amendment
5089will adversely impact the important state resource or facility.
5090The state land planning agency may challenge a plan amendment
5091that has substantially changed from the version on which the
5092agencies provided comments but only upon a determination by the
5093state land planning agency that an important state resource or
5094facility will be adversely impacted.
5095     2.  If the state land planning agency issues a notice of
5096intent to find the comprehensive plan or plan amendment not in
5097compliance with this act, the notice of intent shall be
5098forwarded to the Division of Administrative Hearings of the
5099Department of Management Services, which shall conduct a
5100proceeding under ss. 120.569 and 120.57 in the county of and
5101convenient to the affected local jurisdiction. The parties to
5102the proceeding shall be the state land planning agency, the
5103affected local government, and any affected person who
5104intervenes. No new issue may be alleged as a reason to find a
5105plan or plan amendment not in compliance in an administrative
5106pleading filed more than 21 days after publication of notice
5107unless the party seeking that issue establishes good cause for
5108not alleging the issue within that time period. Good cause does
5109not include excusable neglect.
5110     (c)  An administrative law judge shall hold a hearing in
5111the affected local jurisdiction on whether the plan or plan
5112amendment is in compliance.
5113     1.  In challenges filed by an affected person, the
5114comprehensive plan or plan amendment shall be determined to be
5115in compliance if the local government's determination of
5116compliance is fairly debatable.
5117     2.a.  In challenges filed by the state land planning
5118agency, the local government's determination that the
5119comprehensive plan or plan amendment is in compliance is
5120presumed to be correct, and the local government's determination
5121shall be sustained unless it is shown by a preponderance of the
5122evidence that the comprehensive plan or plan amendment is not in
5123compliance.
5124     b.  In challenges filed by the state land planning agency,
5125the local government's determination that elements of its plan
5126are related to and consistent with each other shall be sustained
5127if the determination is fairly debatable.
5128     3.  In challenges filed by the state land planning agency
5129that require a determination by the agency that an important
5130state resource or facility will be adversely impacted by the
5131adopted plan or plan amendment, the local government may contest
5132the agency's determination of an important state resource or
5133facility. The state land planning agency shall prove its
5134determination by clear and convincing evidence.
5135     (d)  If the administrative law judge recommends that the
5136amendment be found not in compliance, the judge shall submit the
5137recommended order to the Administration Commission for final
5138agency action. The Administration Commission shall enter a final
5139order within 45 days after its receipt of the recommended order.
5140     (e)  If the administrative law judge recommends that the
5141amendment be found in compliance, the judge shall submit the
5142recommended order to the state land planning agency.
5143     1.  If the state land planning agency determines that the
5144plan amendment should be found not in compliance, the agency
5145shall refer, within 30 days after receipt of the recommended
5146order, the recommended order and its determination to the
5147Administration Commission for final agency action.
5148     2.  If the state land planning agency determines that the
5149plan amendment should be found in compliance, the agency shall
5150enter its final order not later than 30 days after receipt of
5151the recommended order.
5152     (f)  Parties to a proceeding under this subsection may
5153enter into compliance agreements using the process in subsection
5154(6).
5155     (6)  COMPLIANCE AGREEMENT.-
5156     (a)  At any time after the filing of a challenge, the state
5157land planning agency and the local government may voluntarily
5158enter into a compliance agreement to resolve one or more of the
5159issues raised in the proceedings. Affected persons who have
5160initiated a formal proceeding or have intervened in a formal
5161proceeding may also enter into a compliance agreement with the
5162local government. All parties granted intervenor status shall be
5163provided reasonable notice of the commencement of a compliance
5164agreement negotiation process and a reasonable opportunity to
5165participate in such negotiation process. Negotiation meetings
5166with local governments or intervenors shall be open to the
5167public. The state land planning agency shall provide each party
5168granted intervenor status with a copy of the compliance
5169agreement within 10 days after the agreement is executed. The
5170compliance agreement shall list each portion of the plan or plan
5171amendment that has been challenged, and shall specify remedial
5172actions that the local government has agreed to complete within
5173a specified time in order to resolve the challenge, including
5174adoption of all necessary plan amendments. The compliance
5175agreement may also establish monitoring requirements and
5176incentives to ensure that the conditions of the compliance
5177agreement are met.
5178     (b)  Upon the filing of a compliance agreement executed by
5179the parties to a challenge and the local government with the
5180Division of Administrative Hearings, any administrative
5181proceeding under ss. 120.569 and 120.57 regarding the plan or
5182plan amendment covered by the compliance agreement shall be
5183stayed.
5184     (c)  Before its execution of a compliance agreement, the
5185local government must approve the compliance agreement at a
5186public hearing advertised at least 10 days before the public
5187hearing in a newspaper of general circulation in the area in
5188accordance with the advertisement requirements of chapter 125 or
5189chapter 166, as applicable.
5190     (d)  The local government shall hold a single public
5191hearing for adopting remedial amendments.
5192     (e)  For challenges to amendments adopted under the
5193expedited review process, if the local government adopts a
5194comprehensive plan amendment pursuant to a compliance agreement,
5195an affected person or the state land planning agency may file a
5196revised challenge with the Division of Administrative Hearings
5197within 15 days after the adoption of the remedial amendment.
5198     (f)  For challenges to amendments adopted under the state
5199coordinated process, the state land planning agency, upon
5200receipt of a plan or plan amendment adopted pursuant to a
5201compliance agreement, shall issue a cumulative notice of intent
5202addressing both the remedial amendment and the plan or plan
5203amendment that was the subject of the agreement.
5204     1.  If the local government adopts a comprehensive plan or
5205plan amendment pursuant to a compliance agreement and a notice
5206of intent to find the plan amendment in compliance is issued,
5207the state land planning agency shall forward the notice of
5208intent to the Division of Administrative Hearings and the
5209administrative law judge shall realign the parties in the
5210pending proceeding under ss. 120.569 and 120.57, which shall
5211thereafter be governed by the process contained in paragraph
5212(5)(a) and subparagraph (5)(c)1., including provisions relating
5213to challenges by an affected person, burden of proof, and issues
5214of a recommended order and a final order. Parties to the
5215original proceeding at the time of realignment may continue as
5216parties without being required to file additional pleadings to
5217initiate a proceeding, but may timely amend their pleadings to
5218raise any challenge to the amendment that is the subject of the
5219cumulative notice of intent, and must otherwise conform to the
5220rules of procedure of the Division of Administrative Hearings.
5221Any affected person not a party to the realigned proceeding may
5222challenge the plan amendment that is the subject of the
5223cumulative notice of intent by filing a petition with the agency
5224as provided in subsection (5). The agency shall forward the
5225petition filed by the affected person not a party to the
5226realigned proceeding to the Division of Administrative Hearings
5227for consolidation with the realigned proceeding. If the
5228cumulative notice of intent is not challenged, the state land
5229planning agency shall request that the Division of
5230Administrative Hearings relinquish jurisdiction to the state
5231land planning agency for issuance of a final order.
5232     2.  If the local government adopts a comprehensive plan
5233amendment pursuant to a compliance agreement and a notice of
5234intent is issued that finds the plan amendment not in
5235compliance, the state land planning agency shall forward the
5236notice of intent to the Division of Administrative Hearings,
5237which shall consolidate the proceeding with the pending
5238proceeding and immediately set a date for a hearing in the
5239pending proceeding under ss. 120.569 and 120.57. Affected
5240persons who are not a party to the underlying proceeding under
5241ss. 120.569 and 120.57 may challenge the plan amendment adopted
5242pursuant to the compliance agreement by filing a petition
5243pursuant to paragraph (5)(a).
5244     (g)  This subsection does not prohibit a local government
5245from amending portions of its comprehensive plan other than
5246those that are the subject of a challenge. However, such
5247amendments to the plan may not be inconsistent with the
5248compliance agreement.
5249     (h)  This subsection does not require settlement by any
5250party against its will or preclude the use of other informal
5251dispute resolution methods in the course of or in addition to
5252the method described in this subsection.
5253     (7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5254     (a)  At any time after the matter has been forwarded to the
5255Division of Administrative Hearings, the local government
5256proposing the amendment may demand formal mediation or the local
5257government proposing the amendment or an affected person who is
5258a party to the proceeding may demand informal mediation or
5259expeditious resolution of the amendment proceedings by serving
5260written notice on the state land planning agency if a party to
5261the proceeding, all other parties to the proceeding, and the
5262administrative law judge.
5263     (b)  Upon receipt of a notice pursuant to paragraph (a),
5264the administrative law judge shall set the matter for final
5265hearing no more than 30 days after receipt of the notice. Once a
5266final hearing has been set, no continuance in the hearing, and
5267no additional time for post-hearing submittals, may be granted
5268without the written agreement of the parties absent a finding by
5269the administrative law judge of extraordinary circumstances.
5270Extraordinary circumstances do not include matters relating to
5271workload or need for additional time for preparation,
5272negotiation, or mediation.
5273     (c)  Absent a showing of extraordinary circumstances, the
5274administrative law judge shall issue a recommended order, in a
5275case proceeding under subsection (5), within 30 days after
5276filing of the transcript, unless the parties agree in writing to
5277a longer time.
5278     (d)  Absent a showing of extraordinary circumstances, the
5279Administration Commission shall issue a final order, in a case
5280proceeding under subsection (5), within 45 days after the
5281issuance of the recommended order, unless the parties agree in
5282writing to a longer time. have 120 days to adopt or adopt with
5283changes the proposed comprehensive plan or s. 163.3191 plan
5284amendments. In the case of comprehensive plan amendments other
5285than those proposed pursuant to s. 163.3191, the local
5286government shall have 60 days to adopt the amendment, adopt the
5287amendment with changes, or determine that it will not adopt the
5288amendment. The adoption of the proposed plan or plan amendment
5289or the determination not to adopt a plan amendment, other than a
5290plan amendment proposed pursuant to s. 163.3191, shall be made
5291in the course of a public hearing pursuant to subsection (15).
5292The local government shall transmit the complete adopted
5293comprehensive plan or plan amendment, including the names and
5294addresses of persons compiled pursuant to paragraph (15)(c), to
5295the state land planning agency as specified in the agency's
5296procedural rules within 10 working days after adoption. The
5297local governing body shall also transmit a copy of the adopted
5298comprehensive plan or plan amendment to the regional planning
5299agency and to any other unit of local government or governmental
5300agency in the state that has filed a written request with the
5301governing body for a copy of the plan or plan amendment.
5302     (b)  If the adopted plan amendment is unchanged from the
5303proposed plan amendment transmitted pursuant to subsection (3)
5304and an affected person as defined in paragraph (1)(a) did not
5305raise any objection, the state land planning agency did not
5306review the proposed plan amendment, and the state land planning
5307agency did not raise any objections during its review pursuant
5308to subsection (6), the local government may state in the
5309transmittal letter that the plan amendment is unchanged and was
5310not the subject of objections.
5311     (8)  NOTICE OF INTENT.-
5312     (a)  If the transmittal letter correctly states that the
5313plan amendment is unchanged and was not the subject of review or
5314objections pursuant to paragraph (7)(b), the state land planning
5315agency has 20 days after receipt of the transmittal letter
5316within which to issue a notice of intent that the plan amendment
5317is in compliance.
5318     (b)  Except as provided in paragraph (a) or in s.
5319163.3187(3), the state land planning agency, upon receipt of a
5320local government's complete adopted comprehensive plan or plan
5321amendment, shall have 45 days for review and to determine if the
5322plan or plan amendment is in compliance with this act, unless
5323the amendment is the result of a compliance agreement entered
5324into under subsection (16), in which case the time period for
5325review and determination shall be 30 days. If review was not
5326conducted under subsection (6), the agency's determination must
5327be based upon the plan amendment as adopted. If review was
5328conducted under subsection (6), the agency's determination of
5329compliance must be based only upon one or both of the following:
5330     1.  The state land planning agency's written comments to
5331the local government pursuant to subsection (6); or
5332     2.  Any changes made by the local government to the
5333comprehensive plan or plan amendment as adopted.
5334     (c)1.  During the time period provided for in this
5335subsection, the state land planning agency shall issue, through
5336a senior administrator or the secretary, as specified in the
5337agency's procedural rules, a notice of intent to find that the
5338plan or plan amendment is in compliance or not in compliance. A
5339notice of intent shall be issued by publication in the manner
5340provided by this paragraph and by mailing a copy to the local
5341government. The advertisement shall be placed in that portion of
5342the newspaper where legal notices appear. The advertisement
5343shall be published in a newspaper that meets the size and
5344circulation requirements set forth in paragraph (15)(e) and that
5345has been designated in writing by the affected local government
5346at the time of transmittal of the amendment. Publication by the
5347state land planning agency of a notice of intent in the
5348newspaper designated by the local government shall be prima
5349facie evidence of compliance with the publication requirements
5350of this section. The state land planning agency shall post a
5351copy of the notice of intent on the agency's Internet site. The
5352agency shall, no later than the date the notice of intent is
5353transmitted to the newspaper, send by regular mail a courtesy
5354informational statement to persons who provide their names and
5355addresses to the local government at the transmittal hearing or
5356at the adoption hearing where the local government has provided
5357the names and addresses of such persons to the department at the
5358time of transmittal of the adopted amendment. The informational
5359statements shall include the name of the newspaper in which the
5360notice of intent will appear, the approximate date of
5361publication, the ordinance number of the plan or plan amendment,
5362and a statement that affected persons have 21 days after the
5363actual date of publication of the notice to file a petition.
5364     2.  A local government that has an Internet site shall post
5365a copy of the state land planning agency's notice of intent on
5366the site within 5 days after receipt of the mailed copy of the
5367agency's notice of intent.
5368     (9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5369     (a)  If the state land planning agency issues a notice of
5370intent to find that the comprehensive plan or plan amendment
5371transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5372or s. 163.3191 is in compliance with this act, any affected
5373person may file a petition with the agency pursuant to ss.
5374120.569 and 120.57 within 21 days after the publication of
5375notice. In this proceeding, the local plan or plan amendment
5376shall be determined to be in compliance if the local
5377government's determination of compliance is fairly debatable.
5378     (b)  The hearing shall be conducted by an administrative
5379law judge of the Division of Administrative Hearings of the
5380Department of Management Services, who shall hold the hearing in
5381the county of and convenient to the affected local jurisdiction
5382and submit a recommended order to the state land planning
5383agency. The state land planning agency shall allow for the
5384filing of exceptions to the recommended order and shall issue a
5385final order after receipt of the recommended order if the state
5386land planning agency determines that the plan or plan amendment
5387is in compliance. If the state land planning agency determines
5388that the plan or plan amendment is not in compliance, the agency
5389shall submit the recommended order to the Administration
5390Commission for final agency action.
5391     (10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5392COMPLIANCE.-
5393     (a)  If the state land planning agency issues a notice of
5394intent to find the comprehensive plan or plan amendment not in
5395compliance with this act, the notice of intent shall be
5396forwarded to the Division of Administrative Hearings of the
5397Department of Management Services, which shall conduct a
5398proceeding under ss. 120.569 and 120.57 in the county of and
5399convenient to the affected local jurisdiction. The parties to
5400the proceeding shall be the state land planning agency, the
5401affected local government, and any affected person who
5402intervenes. No new issue may be alleged as a reason to find a
5403plan or plan amendment not in compliance in an administrative
5404pleading filed more than 21 days after publication of notice
5405unless the party seeking that issue establishes good cause for
5406not alleging the issue within that time period. Good cause shall
5407not include excusable neglect. In the proceeding, the local
5408government's determination that the comprehensive plan or plan
5409amendment is in compliance is presumed to be correct. The local
5410government's determination shall be sustained unless it is shown
5411by a preponderance of the evidence that the comprehensive plan
5412or plan amendment is not in compliance. The local government's
5413determination that elements of its plans are related to and
5414consistent with each other shall be sustained if the
5415determination is fairly debatable.
5416     (b)  The administrative law judge assigned by the division
5417shall submit a recommended order to the Administration
5418Commission for final agency action.
5419     (c)  Prior to the hearing, the state land planning agency
5420shall afford an opportunity to mediate or otherwise resolve the
5421dispute. If a party to the proceeding requests mediation or
5422other alternative dispute resolution, the hearing may not be
5423held until the state land planning agency advises the
5424administrative law judge in writing of the results of the
5425mediation or other alternative dispute resolution. However, the
5426hearing may not be delayed for longer than 90 days for mediation
5427or other alternative dispute resolution unless a longer delay is
5428agreed to by the parties to the proceeding. The costs of the
5429mediation or other alternative dispute resolution shall be borne
5430equally by all of the parties to the proceeding.
5431     (8)(11)  ADMINISTRATION COMMISSION.-
5432     (a)  If the Administration Commission, upon a hearing
5433pursuant to subsection (5)(9) or subsection (10), finds that the
5434comprehensive plan or plan amendment is not in compliance with
5435this act, the commission shall specify remedial actions that
5436which would bring the comprehensive plan or plan amendment into
5437compliance.
5438     (b)  The commission may specify the sanctions provided in
5439subparagraphs 1. and 2. to which the local government will be
5440subject if it elects to make the amendment effective
5441notwithstanding the determination of noncompliance.
5442     1.  The commission may direct state agencies not to provide
5443funds to increase the capacity of roads, bridges, or water and
5444sewer systems within the boundaries of those local governmental
5445entities which have comprehensive plans or plan elements that
5446are determined not to be in compliance. The commission order may
5447also specify that the local government is shall not be eligible
5448for grants administered under the following programs:
5449     a.1.  The Florida Small Cities Community Development Block
5450Grant Program, as authorized by ss. 290.0401-290.049.
5451     b.2.  The Florida Recreation Development Assistance
5452Program, as authorized by chapter 375.
5453     c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5454218.61 and chapter 212, to the extent not pledged to pay back
5455bonds.
5456     2.(b)  If the local government is one which is required to
5457include a coastal management element in its comprehensive plan
5458pursuant to s. 163.3177(6)(g), the commission order may also
5459specify that the local government is not eligible for funding
5460pursuant to s. 161.091. The commission order may also specify
5461that the fact that the coastal management element has been
5462determined to be not in compliance shall be a consideration when
5463the department considers permits under s. 161.053 and when the
5464Board of Trustees of the Internal Improvement Trust Fund
5465considers whether to sell, convey any interest in, or lease any
5466sovereignty lands or submerged lands until the element is
5467brought into compliance.
5468     3.(c)  The sanctions provided by subparagraphs 1. and 2. do
5469paragraphs (a) and (b) shall not apply to a local government
5470regarding any plan amendment, except for plan amendments that
5471amend plans that have not been finally determined to be in
5472compliance with this part, and except as provided in paragraph
5473(b) s. 163.3189(2) or s. 163.3191(11).
5474     (9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5475party constitutes a certificate that he or she has read the
5476pleading, motion, or other paper and that, to the best of his or
5477her knowledge, information, and belief formed after reasonable
5478inquiry, it is not interposed for any improper purpose, such as
5479to harass or to cause unnecessary delay, or for economic
5480advantage, competitive reasons, or frivolous purposes or
5481needless increase in the cost of litigation. If a pleading,
5482motion, or other paper is signed in violation of these
5483requirements, the administrative law judge, upon motion or his
5484or her own initiative, shall impose upon the person who signed
5485it, a represented party, or both, an appropriate sanction, which
5486may include an order to pay to the other party or parties the
5487amount of reasonable expenses incurred because of the filing of
5488the pleading, motion, or other paper, including a reasonable
5489attorney's fee.
5490     (10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5491section shall be the sole proceeding or action for a
5492determination of whether a local government's plan, element, or
5493amendment is in compliance with this act.
5494     (14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5495government comprehensive plan or plan amendment which is
5496applicable to a designated area of critical state concern shall
5497be effective until a final order is issued finding the plan or
5498amendment to be in compliance as defined in this section.
5499     (11)(15)  PUBLIC HEARINGS.-
5500     (a)  The procedure for transmittal of a complete proposed
5501comprehensive plan or plan amendment pursuant to subparagraph
5502subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
5503comprehensive plan or plan amendment pursuant to
5504subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5505affirmative vote of not less than a majority of the members of
5506the governing body present at the hearing. The adoption of a
5507comprehensive plan or plan amendment shall be by ordinance. For
5508the purposes of transmitting or adopting a comprehensive plan or
5509plan amendment, the notice requirements in chapters 125 and 166
5510are superseded by this subsection, except as provided in this
5511part.
5512     (b)  The local governing body shall hold at least two
5513advertised public hearings on the proposed comprehensive plan or
5514plan amendment as follows:
5515     1.  The first public hearing shall be held at the
5516transmittal stage pursuant to subsection (3). It shall be held
5517on a weekday at least 7 days after the day that the first
5518advertisement is published pursuant to the requirements of
5519chapter 125 or chapter 166.
5520     2.  The second public hearing shall be held at the adoption
5521stage pursuant to subsection (7). It shall be held on a weekday
5522at least 5 days after the day that the second advertisement is
5523published pursuant to the requirements of chapter 125 or chapter
5524166.
5525     (c)  Nothing in this part is intended to prohibit or limit
5526the authority of local governments to require a person
5527requesting an amendment to pay some or all of the cost of the
5528public notice.
5529     (12)  CONCURRENT ZONING.-At the request of an applicant, a
5530local government shall consider an application for zoning
5531changes that would be required to properly enact any proposed
5532plan amendment transmitted pursuant to this subsection. Zoning
5533changes approved by the local government are contingent upon the
5534comprehensive plan or plan amendment transmitted becoming
5535effective.
5536     (13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5537government comprehensive plan or plan amendment that is
5538applicable to a designated area of critical state concern shall
5539be effective until a final order is issued finding the plan or
5540amendment to be in compliance as defined in paragraph (1)(b).
5541     (c)  The local government shall provide a sign-in form at
5542the transmittal hearing and at the adoption hearing for persons
5543to provide their names and mailing addresses. The sign-in form
5544must advise that any person providing the requested information
5545will receive a courtesy informational statement concerning
5546publications of the state land planning agency's notice of
5547intent. The local government shall add to the sign-in form the
5548name and address of any person who submits written comments
5549concerning the proposed plan or plan amendment during the time
5550period between the commencement of the transmittal hearing and
5551the end of the adoption hearing. It is the responsibility of the
5552person completing the form or providing written comments to
5553accurately, completely, and legibly provide all information
5554needed in order to receive the courtesy informational statement.
5555     (d)  The agency shall provide a model sign-in form for
5556providing the list to the agency which may be used by the local
5557government to satisfy the requirements of this subsection.
5558     (e)  If the proposed comprehensive plan or plan amendment
5559changes the actual list of permitted, conditional, or prohibited
5560uses within a future land use category or changes the actual
5561future land use map designation of a parcel or parcels of land,
5562the required advertisements shall be in the format prescribed by
5563s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5564municipality.
5565     (16)  COMPLIANCE AGREEMENTS.-
5566     (a)  At any time following the issuance of a notice of
5567intent to find a comprehensive plan or plan amendment not in
5568compliance with this part or after the initiation of a hearing
5569pursuant to subsection (9), the state land planning agency and
5570the local government may voluntarily enter into a compliance
5571agreement to resolve one or more of the issues raised in the
5572proceedings. Affected persons who have initiated a formal
5573proceeding or have intervened in a formal proceeding may also
5574enter into the compliance agreement. All parties granted
5575intervenor status shall be provided reasonable notice of the
5576commencement of a compliance agreement negotiation process and a
5577reasonable opportunity to participate in such negotiation
5578process. Negotiation meetings with local governments or
5579intervenors shall be open to the public. The state land planning
5580agency shall provide each party granted intervenor status with a
5581copy of the compliance agreement within 10 days after the
5582agreement is executed. The compliance agreement shall list each
5583portion of the plan or plan amendment which is not in
5584compliance, and shall specify remedial actions which the local
5585government must complete within a specified time in order to
5586bring the plan or plan amendment into compliance, including
5587adoption of all necessary plan amendments. The compliance
5588agreement may also establish monitoring requirements and
5589incentives to ensure that the conditions of the compliance
5590agreement are met.
5591     (b)  Upon filing by the state land planning agency of a
5592compliance agreement executed by the agency and the local
5593government with the Division of Administrative Hearings, any
5594administrative proceeding under ss. 120.569 and 120.57 regarding
5595the plan or plan amendment covered by the compliance agreement
5596shall be stayed.
5597     (c)  Prior to its execution of a compliance agreement, the
5598local government must approve the compliance agreement at a
5599public hearing advertised at least 10 days before the public
5600hearing in a newspaper of general circulation in the area in
5601accordance with the advertisement requirements of subsection
5602(15).
5603     (d)  A local government may adopt a plan amendment pursuant
5604to a compliance agreement in accordance with the requirements of
5605paragraph (15)(a). The plan amendment shall be exempt from the
5606requirements of subsections (2)-(7). The local government shall
5607hold a single adoption public hearing pursuant to the
5608requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5609Within 10 working days after adoption of a plan amendment, the
5610local government shall transmit the amendment to the state land
5611planning agency as specified in the agency's procedural rules,
5612and shall submit one copy to the regional planning agency and to
5613any other unit of local government or government agency in the
5614state that has filed a written request with the governing body
5615for a copy of the plan amendment, and one copy to any party to
5616the proceeding under ss. 120.569 and 120.57 granted intervenor
5617status.
5618     (e)  The state land planning agency, upon receipt of a plan
5619amendment adopted pursuant to a compliance agreement, shall
5620issue a cumulative notice of intent addressing both the
5621compliance agreement amendment and the plan or plan amendment
5622that was the subject of the agreement, in accordance with
5623subsection (8).
5624     (f)1.  If the local government adopts a comprehensive plan
5625amendment pursuant to a compliance agreement and a notice of
5626intent to find the plan amendment in compliance is issued, the
5627state land planning agency shall forward the notice of intent to
5628the Division of Administrative Hearings and the administrative
5629law judge shall realign the parties in the pending proceeding
5630under ss. 120.569 and 120.57, which shall thereafter be governed
5631by the process contained in paragraphs (9)(a) and (b), including
5632provisions relating to challenges by an affected person, burden
5633of proof, and issues of a recommended order and a final order,
5634except as provided in subparagraph 2. Parties to the original
5635proceeding at the time of realignment may continue as parties
5636without being required to file additional pleadings to initiate
5637a proceeding, but may timely amend their pleadings to raise any
5638challenge to the amendment which is the subject of the
5639cumulative notice of intent, and must otherwise conform to the
5640rules of procedure of the Division of Administrative Hearings.
5641Any affected person not a party to the realigned proceeding may
5642challenge the plan amendment which is the subject of the
5643cumulative notice of intent by filing a petition with the agency
5644as provided in subsection (9). The agency shall forward the
5645petition filed by the affected person not a party to the
5646realigned proceeding to the Division of Administrative Hearings
5647for consolidation with the realigned proceeding.
5648     2.  If any of the issues raised by the state land planning
5649agency in the original subsection (10) proceeding are not
5650resolved by the compliance agreement amendments, any intervenor
5651in the original subsection (10) proceeding may require those
5652issues to be addressed in the pending consolidated realigned
5653proceeding under ss. 120.569 and 120.57. As to those unresolved
5654issues, the burden of proof shall be governed by subsection
5655(10).
5656     3.  If the local government adopts a comprehensive plan
5657amendment pursuant to a compliance agreement and a notice of
5658intent to find the plan amendment not in compliance is issued,
5659the state land planning agency shall forward the notice of
5660intent to the Division of Administrative Hearings, which shall
5661consolidate the proceeding with the pending proceeding and
5662immediately set a date for hearing in the pending proceeding
5663under ss. 120.569 and 120.57. Affected persons who are not a
5664party to the underlying proceeding under ss. 120.569 and 120.57
5665may challenge the plan amendment adopted pursuant to the
5666compliance agreement by filing a petition pursuant to subsection
5667(10).
5668     (g)  If the local government fails to adopt a comprehensive
5669plan amendment pursuant to a compliance agreement, the state
5670land planning agency shall notify the Division of Administrative
5671Hearings, which shall set the hearing in the pending proceeding
5672under ss. 120.569 and 120.57 at the earliest convenient time.
5673     (h)  This subsection does not prohibit a local government
5674from amending portions of its comprehensive plan other than
5675those which are the subject of the compliance agreement.
5676However, such amendments to the plan may not be inconsistent
5677with the compliance agreement.
5678     (i)  Nothing in this subsection is intended to limit the
5679parties from entering into a compliance agreement at any time
5680before the final order in the proceeding is issued, provided
5681that the provisions of paragraph (c) shall apply regardless of
5682when the compliance agreement is reached.
5683     (j)  Nothing in this subsection is intended to force any
5684party into settlement against its will or to preclude the use of
5685other informal dispute resolution methods, such as the services
5686offered by the Florida Growth Management Dispute Resolution
5687Consortium, in the course of or in addition to the method
5688described in this subsection.
5689     (17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5690A local government that has adopted a community vision and urban
5691service boundary under s. 163.3177(13) and (14) may adopt a plan
5692amendment related to map amendments solely to property within an
5693urban service boundary in the manner described in subsections
5694(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5695and e., 2., and 3., such that state and regional agency review
5696is eliminated. The department may not issue an objections,
5697recommendations, and comments report on proposed plan amendments
5698or a notice of intent on adopted plan amendments; however,
5699affected persons, as defined by paragraph (1)(a), may file a
5700petition for administrative review pursuant to the requirements
5701of s. 163.3187(3)(a) to challenge the compliance of an adopted
5702plan amendment. This subsection does not apply to any amendment
5703within an area of critical state concern, to any amendment that
5704increases residential densities allowable in high-hazard coastal
5705areas as defined in s. 163.3178(2)(h), or to a text change to
5706the goals, policies, or objectives of the local government's
5707comprehensive plan. Amendments submitted under this subsection
5708are exempt from the limitation on the frequency of plan
5709amendments in s. 163.3187.
5710     (18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5711municipality that has a designated urban infill and
5712redevelopment area under s. 163.2517 may adopt a plan amendment
5713related to map amendments solely to property within a designated
5714urban infill and redevelopment area in the manner described in
5715subsections (1), (2), (7), (14), (15), and (16) and s.
5716163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5717regional agency review is eliminated. The department may not
5718issue an objections, recommendations, and comments report on
5719proposed plan amendments or a notice of intent on adopted plan
5720amendments; however, affected persons, as defined by paragraph
5721(1)(a), may file a petition for administrative review pursuant
5722to the requirements of s. 163.3187(3)(a) to challenge the
5723compliance of an adopted plan amendment. This subsection does
5724not apply to any amendment within an area of critical state
5725concern, to any amendment that increases residential densities
5726allowable in high-hazard coastal areas as defined in s.
5727163.3178(2)(h), or to a text change to the goals, policies, or
5728objectives of the local government's comprehensive plan.
5729Amendments submitted under this subsection are exempt from the
5730limitation on the frequency of plan amendments in s. 163.3187.
5731     (19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5732government that identifies in its comprehensive plan the types
5733of housing developments and conditions for which it will
5734consider plan amendments that are consistent with the local
5735housing incentive strategies identified in s. 420.9076 and
5736authorized by the local government may expedite consideration of
5737such plan amendments. At least 30 days prior to adopting a plan
5738amendment pursuant to this subsection, the local government
5739shall notify the state land planning agency of its intent to
5740adopt such an amendment, and the notice shall include the local
5741government's evaluation of site suitability and availability of
5742facilities and services. A plan amendment considered under this
5743subsection shall require only a single public hearing before the
5744local governing body, which shall be a plan amendment adoption
5745hearing as described in subsection (7). The public notice of the
5746hearing required under subparagraph (15)(b)2. must include a
5747statement that the local government intends to use the expedited
5748adoption process authorized under this subsection. The state
5749land planning agency shall issue its notice of intent required
5750under subsection (8) within 30 days after determining that the
5751amendment package is complete. Any further proceedings shall be
5752governed by subsections (9)-(16).
5753     Section 18.  Section 163.3187, Florida Statutes, is amended
5754to read:
5755     163.3187  Process for adoption of small-scale comprehensive
5756plan amendment of adopted comprehensive plan.-
5757     (1)  Amendments to comprehensive plans adopted pursuant to
5758this part may be made not more than two times during any
5759calendar year, except:
5760     (a)  In the case of an emergency, comprehensive plan
5761amendments may be made more often than twice during the calendar
5762year if the additional plan amendment receives the approval of
5763all of the members of the governing body. "Emergency" means any
5764occurrence or threat thereof whether accidental or natural,
5765caused by humankind, in war or peace, which results or may
5766result in substantial injury or harm to the population or
5767substantial damage to or loss of property or public funds.
5768     (b)  Any local government comprehensive plan amendments
5769directly related to a proposed development of regional impact,
5770including changes which have been determined to be substantial
5771deviations and including Florida Quality Developments pursuant
5772to s. 380.061, may be initiated by a local planning agency and
5773considered by the local governing body at the same time as the
5774application for development approval using the procedures
5775provided for local plan amendment in this section and applicable
5776local ordinances.
5777     (1)(c)  Any local government comprehensive plan amendments
5778directly related to proposed small scale development activities
5779may be approved without regard to statutory limits on the
5780frequency of consideration of amendments to the local
5781comprehensive plan. A small scale development amendment may be
5782adopted only under the following conditions:
5783     (a)1.  The proposed amendment involves a use of 10 acres or
5784fewer and:
5785     (b)a.  The cumulative annual effect of the acreage for all
5786small scale development amendments adopted by the local
5787government does shall not exceed:
5788     (I)  a maximum of 120 acres in a calendar year. local
5789government that contains areas specifically designated in the
5790local comprehensive plan for urban infill, urban redevelopment,
5791or downtown revitalization as defined in s. 163.3164, urban
5792infill and redevelopment areas designated under s. 163.2517,
5793transportation concurrency exception areas approved pursuant to
5794s. 163.3180(5), or regional activity centers and urban central
5795business districts approved pursuant to s. 380.06(2)(e);
5796however, amendments under this paragraph may be applied to no
5797more than 60 acres annually of property outside the designated
5798areas listed in this sub-sub-subparagraph. Amendments adopted
5799pursuant to paragraph (k) shall not be counted toward the
5800acreage limitations for small scale amendments under this
5801paragraph.
5802     (II)  A maximum of 80 acres in a local government that does
5803not contain any of the designated areas set forth in sub-sub-
5804subparagraph (I).
5805     (III)  A maximum of 120 acres in a county established
5806pursuant to s. 9, Art. VIII of the State Constitution.
5807     b.  The proposed amendment does not involve the same
5808property granted a change within the prior 12 months.
5809     c.  The proposed amendment does not involve the same
5810owner's property within 200 feet of property granted a change
5811within the prior 12 months.
5812     (c)d.  The proposed amendment does not involve a text
5813change to the goals, policies, and objectives of the local
5814government's comprehensive plan, but only proposes a land use
5815change to the future land use map for a site-specific small
5816scale development activity. However, text changes that relate
5817directly to, and are adopted simultaneously with, the small
5818scale future land use map amendment shall be permissible under
5819this section.
5820     (d)e.  The property that is the subject of the proposed
5821amendment is not located within an area of critical state
5822concern, unless the project subject to the proposed amendment
5823involves the construction of affordable housing units meeting
5824the criteria of s. 420.0004(3), and is located within an area of
5825critical state concern designated by s. 380.0552 or by the
5826Administration Commission pursuant to s. 380.05(1). Such
5827amendment is not subject to the density limitations of sub-
5828subparagraph f., and shall be reviewed by the state land
5829planning agency for consistency with the principles for guiding
5830development applicable to the area of critical state concern
5831where the amendment is located and shall not become effective
5832until a final order is issued under s. 380.05(6).
5833     f.  If the proposed amendment involves a residential land
5834use, the residential land use has a density of 10 units or less
5835per acre or the proposed future land use category allows a
5836maximum residential density of the same or less than the maximum
5837residential density allowable under the existing future land use
5838category, except that this limitation does not apply to small
5839scale amendments involving the construction of affordable
5840housing units meeting the criteria of s. 420.0004(3) on property
5841which will be the subject of a land use restriction agreement,
5842or small scale amendments described in sub-sub-subparagraph
5843a.(I) that are designated in the local comprehensive plan for
5844urban infill, urban redevelopment, or downtown revitalization as
5845defined in s. 163.3164, urban infill and redevelopment areas
5846designated under s. 163.2517, transportation concurrency
5847exception areas approved pursuant to s. 163.3180(5), or regional
5848activity centers and urban central business districts approved
5849pursuant to s. 380.06(2)(e).
5850     2.a.  A local government that proposes to consider a plan
5851amendment pursuant to this paragraph is not required to comply
5852with the procedures and public notice requirements of s.
5853163.3184(15)(c) for such plan amendments if the local government
5854complies with the provisions in s. 125.66(4)(a) for a county or
5855in s. 166.041(3)(c) for a municipality. If a request for a plan
5856amendment under this paragraph is initiated by other than the
5857local government, public notice is required.
5858     b.  The local government shall send copies of the notice
5859and amendment to the state land planning agency, the regional
5860planning council, and any other person or entity requesting a
5861copy. This information shall also include a statement
5862identifying any property subject to the amendment that is
5863located within a coastal high-hazard area as identified in the
5864local comprehensive plan.
5865     (2)3.  Small scale development amendments adopted pursuant
5866to this section paragraph require only one public hearing before
5867the governing board, which shall be an adoption hearing as
5868described in s. 163.3184(11)(7), and are not subject to the
5869requirements of s. 163.3184(3)-(6) unless the local government
5870elects to have them subject to those requirements.
5871     (3)4.  If the small scale development amendment involves a
5872site within an area that is designated by the Governor as a
5873rural area of critical economic concern as defined under s.
5874288.0656(2)(d)(7) for the duration of such designation, the 10-
5875acre limit listed in subsection (1) subparagraph 1. shall be
5876increased by 100 percent to 20 acres. The local government
5877approving the small scale plan amendment shall certify to the
5878Office of Tourism, Trade, and Economic Development that the plan
5879amendment furthers the economic objectives set forth in the
5880executive order issued under s. 288.0656(7), and the property
5881subject to the plan amendment shall undergo public review to
5882ensure that all concurrency requirements and federal, state, and
5883local environmental permit requirements are met.
5884     (d)  Any comprehensive plan amendment required by a
5885compliance agreement pursuant to s. 163.3184(16) may be approved
5886without regard to statutory limits on the frequency of adoption
5887of amendments to the comprehensive plan.
5888     (e)  A comprehensive plan amendment for location of a state
5889correctional facility. Such an amendment may be made at any time
5890and does not count toward the limitation on the frequency of
5891plan amendments.
5892     (f)  The capital improvements element annual update
5893required in s. 163.3177(3)(b)1. and any amendments directly
5894related to the schedule.
5895     (g)  Any local government comprehensive plan amendments
5896directly related to proposed redevelopment of brownfield areas
5897designated under s. 376.80 may be approved without regard to
5898statutory limits on the frequency of consideration of amendments
5899to the local comprehensive plan.
5900     (h)  Any comprehensive plan amendments for port
5901transportation facilities and projects that are eligible for
5902funding by the Florida Seaport Transportation and Economic
5903Development Council pursuant to s. 311.07.
5904     (i)  A comprehensive plan amendment for the purpose of
5905designating an urban infill and redevelopment area under s.
5906163.2517 may be approved without regard to the statutory limits
5907on the frequency of amendments to the comprehensive plan.
5908     (j)  Any comprehensive plan amendment to establish public
5909school concurrency pursuant to s. 163.3180(13), including, but
5910not limited to, adoption of a public school facilities element
5911and adoption of amendments to the capital improvements element
5912and intergovernmental coordination element. In order to ensure
5913the consistency of local government public school facilities
5914elements within a county, such elements shall be prepared and
5915adopted on a similar time schedule.
5916     (k)  A local comprehensive plan amendment directly related
5917to providing transportation improvements to enhance life safety
5918on Controlled Access Major Arterial Highways identified in the
5919Florida Intrastate Highway System, in counties as defined in s.
5920125.011, where such roadways have a high incidence of traffic
5921accidents resulting in serious injury or death. Any such
5922amendment shall not include any amendment modifying the
5923designation on a comprehensive development plan land use map nor
5924any amendment modifying the allowable densities or intensities
5925of any land.
5926     (l)  A comprehensive plan amendment to adopt a public
5927educational facilities element pursuant to s. 163.3177(12) and
5928future land-use-map amendments for school siting may be approved
5929notwithstanding statutory limits on the frequency of adopting
5930plan amendments.
5931     (m)  A comprehensive plan amendment that addresses criteria
5932or compatibility of land uses adjacent to or in close proximity
5933to military installations in a local government's future land
5934use element does not count toward the limitation on the
5935frequency of the plan amendments.
5936     (n)  Any local government comprehensive plan amendment
5937establishing or implementing a rural land stewardship area
5938pursuant to the provisions of s. 163.3177(11)(d).
5939     (o)  A comprehensive plan amendment that is submitted by an
5940area designated by the Governor as a rural area of critical
5941economic concern under s. 288.0656(7) and that meets the
5942economic development objectives may be approved without regard
5943to the statutory limits on the frequency of adoption of
5944amendments to the comprehensive plan.
5945     (p)  Any local government comprehensive plan amendment that
5946is consistent with the local housing incentive strategies
5947identified in s. 420.9076 and authorized by the local
5948government.
5949     (q)  Any local government plan amendment to designate an
5950urban service area as a transportation concurrency exception
5951area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
5952development-of-regional-impact process under s. 380.06(29).
5953     (4)(2)  Comprehensive plans may only be amended in such a
5954way as to preserve the internal consistency of the plan pursuant
5955to s. 163.3177(2). Corrections, updates, or modifications of
5956current costs which were set out as part of the comprehensive
5957plan shall not, for the purposes of this act, be deemed to be
5958amendments.
5959     (3)(a)  The state land planning agency shall not review or
5960issue a notice of intent for small scale development amendments
5961which satisfy the requirements of paragraph (1)(c).
5962     (5)(a)  Any affected person may file a petition with the
5963Division of Administrative Hearings pursuant to ss. 120.569 and
5964120.57 to request a hearing to challenge the compliance of a
5965small scale development amendment with this act within 30 days
5966following the local government's adoption of the amendment and,
5967shall serve a copy of the petition on the local government, and
5968shall furnish a copy to the state land planning agency. An
5969administrative law judge shall hold a hearing in the affected
5970jurisdiction not less than 30 days nor more than 60 days
5971following the filing of a petition and the assignment of an
5972administrative law judge. The parties to a hearing held pursuant
5973to this subsection shall be the petitioner, the local
5974government, and any intervenor. In the proceeding, the plan
5975amendment shall be determined to be in compliance if the local
5976government's determination that the small scale development
5977amendment is in compliance is fairly debatable presumed to be
5978correct. The local government's determination shall be sustained
5979unless it is shown by a preponderance of the evidence that the
5980amendment is not in compliance with the requirements of this
5981act. In any proceeding initiated pursuant to this subsection,
5982The state land planning agency may not intervene in any
5983proceeding initiated pursuant to this section.
5984     (b)1.  If the administrative law judge recommends that the
5985small scale development amendment be found not in compliance,
5986the administrative law judge shall submit the recommended order
5987to the Administration Commission for final agency action. If the
5988administrative law judge recommends that the small scale
5989development amendment be found in compliance, the administrative
5990law judge shall submit the recommended order to the state land
5991planning agency.
5992     2.  If the state land planning agency determines that the
5993plan amendment is not in compliance, the agency shall submit,
5994within 30 days following its receipt, the recommended order to
5995the Administration Commission for final agency action. If the
5996state land planning agency determines that the plan amendment is
5997in compliance, the agency shall enter a final order within 30
5998days following its receipt of the recommended order.
5999     (c)  Small scale development amendments may shall not
6000become effective until 31 days after adoption. If challenged
6001within 30 days after adoption, small scale development
6002amendments may shall not become effective until the state land
6003planning agency or the Administration Commission, respectively,
6004issues a final order determining that the adopted small scale
6005development amendment is in compliance.
6006     (d)  In all challenges under this subsection, when a
6007determination of compliance as defined in s. 163.3184(1)(b) is
6008made, consideration shall be given to the plan amendment as a
6009whole and whether the plan amendment furthers the intent of this
6010part.
6011     (4)  Each governing body shall transmit to the state land
6012planning agency a current copy of its comprehensive plan not
6013later than December 1, 1985. Each governing body shall also
6014transmit copies of any amendments it adopts to its comprehensive
6015plan so as to continually update the plans on file with the
6016state land planning agency.
6017     (5)  Nothing in this part is intended to prohibit or limit
6018the authority of local governments to require that a person
6019requesting an amendment pay some or all of the cost of public
6020notice.
6021     (6)(a)  No local government may amend its comprehensive
6022plan after the date established by the state land planning
6023agency for adoption of its evaluation and appraisal report
6024unless it has submitted its report or addendum to the state land
6025planning agency as prescribed by s. 163.3191, except for plan
6026amendments described in paragraph (1)(b) or paragraph (1)(h).
6027     (b)  A local government may amend its comprehensive plan
6028after it has submitted its adopted evaluation and appraisal
6029report and for a period of 1 year after the initial
6030determination of sufficiency regardless of whether the report
6031has been determined to be insufficient.
6032     (c)  A local government may not amend its comprehensive
6033plan, except for plan amendments described in paragraph (1)(b),
6034if the 1-year period after the initial sufficiency determination
6035of the report has expired and the report has not been determined
6036to be sufficient.
6037     (d)  When the state land planning agency has determined
6038that the report has sufficiently addressed all pertinent
6039provisions of s. 163.3191, the local government may amend its
6040comprehensive plan without the limitations imposed by paragraph
6041(a) or paragraph (c).
6042     (e)  Any plan amendment which a local government attempts
6043to adopt in violation of paragraph (a) or paragraph (c) is
6044invalid, but such invalidity may be overcome if the local
6045government readopts the amendment and transmits the amendment to
6046the state land planning agency pursuant to s. 163.3184(7) after
6047the report is determined to be sufficient.
6048     Section 19.  Section 163.3189, Florida Statutes, is
6049repealed.
6050     Section 20.  Section 163.3191, Florida Statutes, is amended
6051to read:
6052     163.3191  Evaluation and appraisal of comprehensive plan.-
6053     (1)  At least once every 7 years, each local government
6054shall evaluate its comprehensive plan to determine if plan
6055amendments are necessary to reflect changes in state
6056requirements in this part since the last update of the
6057comprehensive plan, and notify the state land planning agency as
6058to its determination.
6059     (2)  If the local government determines amendments to its
6060comprehensive plan are necessary to reflect changes in state
6061requirements, the local government shall prepare and transmit
6062within 1 year such plan amendment or amendments for review
6063pursuant to s. 163.3184.
6064     (3)  Local governments are encouraged to comprehensively
6065evaluate and, as necessary, update comprehensive plans to
6066reflect changes in local conditions. Plan amendments transmitted
6067pursuant to this section shall be reviewed in accordance with s.
6068163.3184.
6069     (4)  If a local government fails to submit its letter
6070prescribed by subsection (1) or update its plan pursuant to
6071subsection (2), it may not amend its comprehensive plan until
6072such time as it complies with this section.
6073     (1)  The planning program shall be a continuous and ongoing
6074process. Each local government shall adopt an evaluation and
6075appraisal report once every 7 years assessing the progress in
6076implementing the local government's comprehensive plan.
6077Furthermore, it is the intent of this section that:
6078     (a)  Adopted comprehensive plans be reviewed through such
6079evaluation process to respond to changes in state, regional, and
6080local policies on planning and growth management and changing
6081conditions and trends, to ensure effective intergovernmental
6082coordination, and to identify major issues regarding the
6083community's achievement of its goals.
6084     (b)  After completion of the initial evaluation and
6085appraisal report and any supporting plan amendments, each
6086subsequent evaluation and appraisal report must evaluate the
6087comprehensive plan in effect at the time of the initiation of
6088the evaluation and appraisal report process.
6089     (c)  Local governments identify the major issues, if
6090applicable, with input from state agencies, regional agencies,
6091adjacent local governments, and the public in the evaluation and
6092appraisal report process. It is also the intent of this section
6093to establish minimum requirements for information to ensure
6094predictability, certainty, and integrity in the growth
6095management process. The report is intended to serve as a summary
6096audit of the actions that a local government has undertaken and
6097identify changes that it may need to make. The report should be
6098based on the local government's analysis of major issues to
6099further the community's goals consistent with statewide minimum
6100standards. The report is not intended to require a comprehensive
6101rewrite of the elements within the local plan, unless a local
6102government chooses to do so.
6103     (2)  The report shall present an evaluation and assessment
6104of the comprehensive plan and shall contain appropriate
6105statements to update the comprehensive plan, including, but not
6106limited to, words, maps, illustrations, or other media, related
6107to:
6108     (a)  Population growth and changes in land area, including
6109annexation, since the adoption of the original plan or the most
6110recent update amendments.
6111     (b)  The extent of vacant and developable land.
6112     (c)  The financial feasibility of implementing the
6113comprehensive plan and of providing needed infrastructure to
6114achieve and maintain adopted level-of-service standards and
6115sustain concurrency management systems through the capital
6116improvements element, as well as the ability to address
6117infrastructure backlogs and meet the demands of growth on public
6118services and facilities.
6119     (d)  The location of existing development in relation to
6120the location of development as anticipated in the original plan,
6121or in the plan as amended by the most recent evaluation and
6122appraisal report update amendments, such as within areas
6123designated for urban growth.
6124     (e)  An identification of the major issues for the
6125jurisdiction and, where pertinent, the potential social,
6126economic, and environmental impacts.
6127     (f)  Relevant changes to the state comprehensive plan, the
6128requirements of this part, the minimum criteria contained in
6129chapter 9J-5, Florida Administrative Code, and the appropriate
6130strategic regional policy plan since the adoption of the
6131original plan or the most recent evaluation and appraisal report
6132update amendments.
6133     (g)  An assessment of whether the plan objectives within
6134each element, as they relate to major issues, have been
6135achieved. The report shall include, as appropriate, an
6136identification as to whether unforeseen or unanticipated changes
6137in circumstances have resulted in problems or opportunities with
6138respect to major issues identified in each element and the
6139social, economic, and environmental impacts of the issue.
6140     (h)  A brief assessment of successes and shortcomings
6141related to each element of the plan.
6142     (i)  The identification of any actions or corrective
6143measures, including whether plan amendments are anticipated to
6144address the major issues identified and analyzed in the report.
6145Such identification shall include, as appropriate, new
6146population projections, new revised planning timeframes, a
6147revised future conditions map or map series, an updated capital
6148improvements element, and any new and revised goals, objectives,
6149and policies for major issues identified within each element.
6150This paragraph shall not require the submittal of the plan
6151amendments with the evaluation and appraisal report.
6152     (j)  A summary of the public participation program and
6153activities undertaken by the local government in preparing the
6154report.
6155     (k)  The coordination of the comprehensive plan with
6156existing public schools and those identified in the applicable
6157educational facilities plan adopted pursuant to s. 1013.35. The
6158assessment shall address, where relevant, the success or failure
6159of the coordination of the future land use map and associated
6160planned residential development with public schools and their
6161capacities, as well as the joint decisionmaking processes
6162engaged in by the local government and the school board in
6163regard to establishing appropriate population projections and
6164the planning and siting of public school facilities. For those
6165counties or municipalities that do not have a public schools
6166interlocal agreement or public school facilities element, the
6167assessment shall determine whether the local government
6168continues to meet the criteria of s. 163.3177(12). If the county
6169or municipality determines that it no longer meets the criteria,
6170it must adopt appropriate school concurrency goals, objectives,
6171and policies in its plan amendments pursuant to the requirements
6172of the public school facilities element, and enter into the
6173existing interlocal agreement required by ss. 163.3177(6)(h)2.
6174and 163.31777 in order to fully participate in the school
6175concurrency system.
6176     (l)  The extent to which the local government has been
6177successful in identifying alternative water supply projects and
6178traditional water supply projects, including conservation and
6179reuse, necessary to meet the water needs identified in s.
6180373.709(2)(a) within the local government's jurisdiction. The
6181report must evaluate the degree to which the local government
6182has implemented the work plan for building public, private, and
6183regional water supply facilities, including development of
6184alternative water supplies, identified in the element as
6185necessary to serve existing and new development.
6186     (m)  If any of the jurisdiction of the local government is
6187located within the coastal high-hazard area, an evaluation of
6188whether any past reduction in land use density impairs the
6189property rights of current residents when redevelopment occurs,
6190including, but not limited to, redevelopment following a natural
6191disaster. The property rights of current residents shall be
6192balanced with public safety considerations. The local government
6193must identify strategies to address redevelopment feasibility
6194and the property rights of affected residents. These strategies
6195may include the authorization of redevelopment up to the actual
6196built density in existence on the property prior to the natural
6197disaster or redevelopment.
6198     (n)  An assessment of whether the criteria adopted pursuant
6199to s. 163.3177(6)(a) were successful in achieving compatibility
6200with military installations.
6201     (o)  The extent to which a concurrency exception area
6202designated pursuant to s. 163.3180(5), a concurrency management
6203area designated pursuant to s. 163.3180(7), or a multimodal
6204transportation district designated pursuant to s. 163.3180(15)
6205has achieved the purpose for which it was created and otherwise
6206complies with the provisions of s. 163.3180.
6207     (p)  An assessment of the extent to which changes are
6208needed to develop a common methodology for measuring impacts on
6209transportation facilities for the purpose of implementing its
6210concurrency management system in coordination with the
6211municipalities and counties, as appropriate pursuant to s.
6212163.3180(10).
6213     (3)  Voluntary scoping meetings may be conducted by each
6214local government or several local governments within the same
6215county that agree to meet together. Joint meetings among all
6216local governments in a county are encouraged. All scoping
6217meetings shall be completed at least 1 year prior to the
6218established adoption date of the report. The purpose of the
6219meetings shall be to distribute data and resources available to
6220assist in the preparation of the report, to provide input on
6221major issues in each community that should be addressed in the
6222report, and to advise on the extent of the effort for the
6223components of subsection (2). If scoping meetings are held, the
6224local government shall invite each state and regional reviewing
6225agency, as well as adjacent and other affected local
6226governments. A preliminary list of new data and major issues
6227that have emerged since the adoption of the original plan, or
6228the most recent evaluation and appraisal report-based update
6229amendments, should be developed by state and regional entities
6230and involved local governments for distribution at the scoping
6231meeting. For purposes of this subsection, a "scoping meeting" is
6232a meeting conducted to determine the scope of review of the
6233evaluation and appraisal report by parties to which the report
6234relates.
6235     (4)  The local planning agency shall prepare the evaluation
6236and appraisal report and shall make recommendations to the
6237governing body regarding adoption of the proposed report. The
6238local planning agency shall prepare the report in conformity
6239with its public participation procedures adopted as required by
6240s. 163.3181. During the preparation of the proposed report and
6241prior to making any recommendation to the governing body, the
6242local planning agency shall hold at least one public hearing,
6243with public notice, on the proposed report. At a minimum, the
6244format and content of the proposed report shall include a table
6245of contents; numbered pages; element headings; section headings
6246within elements; a list of included tables, maps, and figures; a
6247title and sources for all included tables; a preparation date;
6248and the name of the preparer. Where applicable, maps shall
6249include major natural and artificial geographic features; city,
6250county, and state lines; and a legend indicating a north arrow,
6251map scale, and the date.
6252     (5)  Ninety days prior to the scheduled adoption date, the
6253local government may provide a proposed evaluation and appraisal
6254report to the state land planning agency and distribute copies
6255to state and regional commenting agencies as prescribed by rule,
6256adjacent jurisdictions, and interested citizens for review. All
6257review comments, including comments by the state land planning
6258agency, shall be transmitted to the local government and state
6259land planning agency within 30 days after receipt of the
6260proposed report.
6261     (6)  The governing body, after considering the review
6262comments and recommended changes, if any, shall adopt the
6263evaluation and appraisal report by resolution or ordinance at a
6264public hearing with public notice. The governing body shall
6265adopt the report in conformity with its public participation
6266procedures adopted as required by s. 163.3181. The local
6267government shall submit to the state land planning agency three
6268copies of the report, a transmittal letter indicating the dates
6269of public hearings, and a copy of the adoption resolution or
6270ordinance. The local government shall provide a copy of the
6271report to the reviewing agencies which provided comments for the
6272proposed report, or to all the reviewing agencies if a proposed
6273report was not provided pursuant to subsection (5), including
6274the adjacent local governments. Within 60 days after receipt,
6275the state land planning agency shall review the adopted report
6276and make a preliminary sufficiency determination that shall be
6277forwarded by the agency to the local government for its
6278consideration. The state land planning agency shall issue a
6279final sufficiency determination within 90 days after receipt of
6280the adopted evaluation and appraisal report.
6281     (7)  The intent of the evaluation and appraisal process is
6282the preparation of a plan update that clearly and concisely
6283achieves the purpose of this section. Toward this end, the
6284sufficiency review of the state land planning agency shall
6285concentrate on whether the evaluation and appraisal report
6286sufficiently fulfills the components of subsection (2). If the
6287state land planning agency determines that the report is
6288insufficient, the governing body shall adopt a revision of the
6289report and submit the revised report for review pursuant to
6290subsection (6).
6291     (8)  The state land planning agency may delegate the review
6292of evaluation and appraisal reports, including all state land
6293planning agency duties under subsections (4)-(7), to the
6294appropriate regional planning council. When the review has been
6295delegated to a regional planning council, any local government
6296in the region may elect to have its report reviewed by the
6297regional planning council rather than the state land planning
6298agency. The state land planning agency shall by agreement
6299provide for uniform and adequate review of reports and shall
6300retain oversight for any delegation of review to a regional
6301planning council.
6302     (9)  The state land planning agency may establish a phased
6303schedule for adoption of reports. The schedule shall provide
6304each local government at least 7 years from plan adoption or
6305last established adoption date for a report and shall allot
6306approximately one-seventh of the reports to any 1 year. In order
6307to allow the municipalities to use data and analyses gathered by
6308the counties, the state land planning agency shall schedule
6309municipal report adoption dates between 1 year and 18 months
6310later than the report adoption date for the county in which
6311those municipalities are located. A local government may adopt
6312its report no earlier than 90 days prior to the established
6313adoption date. Small municipalities which were scheduled by
6314chapter 9J-33, Florida Administrative Code, to adopt their
6315evaluation and appraisal report after February 2, 1999, shall be
6316rescheduled to adopt their report together with the other
6317municipalities in their county as provided in this subsection.
6318     (10)  The governing body shall amend its comprehensive plan
6319based on the recommendations in the report and shall update the
6320comprehensive plan based on the components of subsection (2),
6321pursuant to the provisions of ss. 163.3184, 163.3187, and
6322163.3189. Amendments to update a comprehensive plan based on the
6323evaluation and appraisal report shall be adopted during a single
6324amendment cycle within 18 months after the report is determined
6325to be sufficient by the state land planning agency, except the
6326state land planning agency may grant an extension for adoption
6327of a portion of such amendments. The state land planning agency
6328may grant a 6-month extension for the adoption of such
6329amendments if the request is justified by good and sufficient
6330cause as determined by the agency. An additional extension may
6331also be granted if the request will result in greater
6332coordination between transportation and land use, for the
6333purposes of improving Florida's transportation system, as
6334determined by the agency in coordination with the Metropolitan
6335Planning Organization program. Beginning July 1, 2006, failure
6336to timely adopt and transmit update amendments to the
6337comprehensive plan based on the evaluation and appraisal report
6338shall result in a local government being prohibited from
6339adopting amendments to the comprehensive plan until the
6340evaluation and appraisal report update amendments have been
6341adopted and transmitted to the state land planning agency. The
6342prohibition on plan amendments shall commence when the update
6343amendments to the comprehensive plan are past due. The
6344comprehensive plan as amended shall be in compliance as defined
6345in s. 163.3184(1)(b). Within 6 months after the effective date
6346of the update amendments to the comprehensive plan, the local
6347government shall provide to the state land planning agency and
6348to all agencies designated by rule a complete copy of the
6349updated comprehensive plan.
6350     (11)  The Administration Commission may impose the
6351sanctions provided by s. 163.3184(11) against any local
6352government that fails to adopt and submit a report, or that
6353fails to implement its report through timely and sufficient
6354amendments to its local plan, except for reasons of excusable
6355delay or valid planning reasons agreed to by the state land
6356planning agency or found present by the Administration
6357Commission. Sanctions for untimely or insufficient plan
6358amendments shall be prospective only and shall begin after a
6359final order has been issued by the Administration Commission and
6360a reasonable period of time has been allowed for the local
6361government to comply with an adverse determination by the
6362Administration Commission through adoption of plan amendments
6363that are in compliance. The state land planning agency may
6364initiate, and an affected person may intervene in, such a
6365proceeding by filing a petition with the Division of
6366Administrative Hearings, which shall appoint an administrative
6367law judge and conduct a hearing pursuant to ss. 120.569 and
6368120.57(1) and shall submit a recommended order to the
6369Administration Commission. The affected local government shall
6370be a party to any such proceeding. The commission may implement
6371this subsection by rule.
6372     (5)(12)  The state land planning agency may shall not adopt
6373rules to implement this section, other than procedural rules or
6374a schedule indicating when local governments must comply with
6375the requirements of this section.
6376     (13)  The state land planning agency shall regularly review
6377the evaluation and appraisal report process and submit a report
6378to the Governor, the Administration Commission, the Speaker of
6379the House of Representatives, the President of the Senate, and
6380the respective community affairs committees of the Senate and
6381the House of Representatives. The first report shall be
6382submitted by December 31, 2004, and subsequent reports shall be
6383submitted every 5 years thereafter. At least 9 months before the
6384due date of each report, the Secretary of Community Affairs
6385shall appoint a technical committee of at least 15 members to
6386assist in the preparation of the report. The membership of the
6387technical committee shall consist of representatives of local
6388governments, regional planning councils, the private sector, and
6389environmental organizations. The report shall assess the
6390effectiveness of the evaluation and appraisal report process.
6391     (14)  The requirement of subsection (10) prohibiting a
6392local government from adopting amendments to the local
6393comprehensive plan until the evaluation and appraisal report
6394update amendments have been adopted and transmitted to the state
6395land planning agency does not apply to a plan amendment proposed
6396for adoption by the appropriate local government as defined in
6397s. 163.3178(2)(k) in order to integrate a port comprehensive
6398master plan with the coastal management element of the local
6399comprehensive plan as required by s. 163.3178(2)(k) if the port
6400comprehensive master plan or the proposed plan amendment does
6401not cause or contribute to the failure of the local government
6402to comply with the requirements of the evaluation and appraisal
6403report.
6404     Section 21.  Paragraph (b) of subsection (2) of section
6405163.3217, Florida Statutes, is amended to read:
6406     163.3217  Municipal overlay for municipal incorporation.-
6407     (2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6408OVERLAY.-
6409     (b)1.  A municipal overlay shall be adopted as an amendment
6410to the local government comprehensive plan as prescribed by s.
6411163.3184.
6412     2.  A county may consider the adoption of a municipal
6413overlay without regard to the provisions of s. 163.3187(1)
6414regarding the frequency of adoption of amendments to the local
6415comprehensive plan.
6416     Section 22.  Subsection (3) of section 163.3220, Florida
6417Statutes, is amended to read:
6418     163.3220  Short title; legislative intent.-
6419     (3)  In conformity with, in furtherance of, and to
6420implement the Community Local Government Comprehensive Planning
6421and Land Development Regulation Act and the Florida State
6422Comprehensive Planning Act of 1972, it is the intent of the
6423Legislature to encourage a stronger commitment to comprehensive
6424and capital facilities planning, ensure the provision of
6425adequate public facilities for development, encourage the
6426efficient use of resources, and reduce the economic cost of
6427development.
6428     Section 23.  Subsections (2) and (11) of section 163.3221,
6429Florida Statutes, are amended to read:
6430     163.3221  Florida Local Government Development Agreement
6431Act; definitions.-As used in ss. 163.3220-163.3243:
6432     (2)  "Comprehensive plan" means a plan adopted pursuant to
6433the Community "Local Government Comprehensive Planning and Land
6434Development Regulation Act."
6435     (11)  "Local planning agency" means the agency designated
6436to prepare a comprehensive plan or plan amendment pursuant to
6437the Community "Florida Local Government Comprehensive Planning
6438and Land Development Regulation Act."
6439     Section 24.  Section 163.3229, Florida Statutes, is amended
6440to read:
6441     163.3229  Duration of a development agreement and
6442relationship to local comprehensive plan.-The duration of a
6443development agreement may shall not exceed 30 20 years, unless
6444it is. It may be extended by mutual consent of the governing
6445body and the developer, subject to a public hearing in
6446accordance with s. 163.3225. No development agreement shall be
6447effective or be implemented by a local government unless the
6448local government's comprehensive plan and plan amendments
6449implementing or related to the agreement are found in compliance
6450by the state land planning agency in accordance with s.
6451163.3184, s. 163.3187, or s. 163.3189.
6452     Section 25.  Section 163.3235, Florida Statutes, is amended
6453to read:
6454     163.3235  Periodic review of a development agreement.-A
6455local government shall review land subject to a development
6456agreement at least once every 12 months to determine if there
6457has been demonstrated good faith compliance with the terms of
6458the development agreement. For each annual review conducted
6459during years 6 through 10 of a development agreement, the review
6460shall be incorporated into a written report which shall be
6461submitted to the parties to the agreement and the state land
6462planning agency. The state land planning agency shall adopt
6463rules regarding the contents of the report, provided that the
6464report shall be limited to the information sufficient to
6465determine the extent to which the parties are proceeding in good
6466faith to comply with the terms of the development agreement. If
6467the local government finds, on the basis of substantial
6468competent evidence, that there has been a failure to comply with
6469the terms of the development agreement, the agreement may be
6470revoked or modified by the local government.
6471     Section 26.  Section 163.3239, Florida Statutes, is amended
6472to read:
6473     163.3239  Recording and effectiveness of a development
6474agreement.-Within 14 days after a local government enters into a
6475development agreement, the local government shall record the
6476agreement with the clerk of the circuit court in the county
6477where the local government is located. A copy of the recorded
6478development agreement shall be submitted to the state land
6479planning agency within 14 days after the agreement is recorded.
6480A development agreement is shall not be effective until it is
6481properly recorded in the public records of the county and until
648230 days after having been received by the state land planning
6483agency pursuant to this section. The burdens of the development
6484agreement shall be binding upon, and the benefits of the
6485agreement shall inure to, all successors in interest to the
6486parties to the agreement.
6487     Section 27.  Section 163.3243, Florida Statutes, is amended
6488to read:
6489     163.3243  Enforcement.-Any party or, any aggrieved or
6490adversely affected person as defined in s. 163.3215(2), or the
6491state land planning agency may file an action for injunctive
6492relief in the circuit court where the local government is
6493located to enforce the terms of a development agreement or to
6494challenge compliance of the agreement with the provisions of ss.
6495163.3220-     163.3243.
6496     Section 28.  Section 163.3245, Florida Statutes, is amended
6497to read:
6498     163.3245  Optional Sector plans.-
6499     (1)  In recognition of the benefits of conceptual long-
6500range planning for the buildout of an area, and detailed
6501planning for specific areas, as a demonstration project, the
6502requirements of s. 380.06 may be addressed as identified by this
6503section for up to five local governments or combinations of
6504local governments may which adopt into their the comprehensive
6505plans a plan an optional sector plan in accordance with this
6506section. This section is intended to promote and encourage long-
6507term planning for conservation, development, and agriculture on
6508a landscape scale; to further the intent of s. 163.3177(11),
6509which supports innovative and flexible planning and development
6510strategies, and the purposes of this part, and part I of chapter
6511380; to facilitate protection of regionally significant
6512resources, including, but not limited to, regionally significant
6513water courses and wildlife corridors;, and to avoid duplication
6514of effort in terms of the level of data and analysis required
6515for a development of regional impact, while ensuring the
6516adequate mitigation of impacts to applicable regional resources
6517and facilities, including those within the jurisdiction of other
6518local governments, as would otherwise be provided. Optional
6519Sector plans are intended for substantial geographic areas that
6520include including at least 15,000 5,000 acres of one or more
6521local governmental jurisdictions and are to emphasize urban form
6522and protection of regionally significant resources and public
6523facilities. A The state land planning agency may approve
6524optional sector plans of less than 5,000 acres based on local
6525circumstances if it is determined that the plan would further
6526the purposes of this part and part I of chapter 380. Preparation
6527of an optional sector plan is authorized by agreement between
6528the state land planning agency and the applicable local
6529governments under s. 163.3171(4). An optional sector plan may be
6530adopted through one or more comprehensive plan amendments under
6531s. 163.3184. However, an optional sector plan may not be adopted
6532authorized in an area of critical state concern.
6533     (2)  Upon the request of a local government having
6534jurisdiction, The state land planning agency may enter into an
6535agreement to authorize preparation of an optional sector plan
6536upon the request of one or more local governments based on
6537consideration of problems and opportunities presented by
6538existing development trends; the effectiveness of current
6539comprehensive plan provisions; the potential to further the
6540state comprehensive plan, applicable strategic regional policy
6541plans, this part, and part I of chapter 380; and those factors
6542identified by s. 163.3177(10)(i). the applicable regional
6543planning council shall conduct a scoping meeting with affected
6544local governments and those agencies identified in s.
6545163.3184(1)(c)(4) before preparation of the sector plan
6546execution of the agreement authorized by this section. The
6547purpose of this meeting is to assist the state land planning
6548agency and the local government in the identification of the
6549relevant planning issues to be addressed and the data and
6550resources available to assist in the preparation of the sector
6551plan subsequent plan amendments. If a scoping meeting is
6552conducted, the regional planning council shall make written
6553recommendations to the state land planning agency and affected
6554local governments on the issues requested by the local
6555government. The scoping meeting shall be noticed and open to the
6556public. If the entire planning area proposed for the sector plan
6557is within the jurisdiction of two or more local governments,
6558some or all of them may enter into a joint planning agreement
6559pursuant to s. 163.3171 with respect to, including whether a
6560sustainable sector plan would be appropriate. The agreement must
6561define the geographic area to be subject to the sector plan, the
6562planning issues that will be emphasized, procedures requirements
6563for intergovernmental coordination to address
6564extrajurisdictional impacts, supporting application materials
6565including data and analysis, and procedures for public
6566participation, or other issues. An agreement may address
6567previously adopted sector plans that are consistent with the
6568standards in this section. Before executing an agreement under
6569this subsection, the local government shall hold a duly noticed
6570public workshop to review and explain to the public the optional
6571sector planning process and the terms and conditions of the
6572proposed agreement. The local government shall hold a duly
6573noticed public hearing to execute the agreement. All meetings
6574between the department and the local government must be open to
6575the public.
6576     (3)  Optional Sector planning encompasses two levels:
6577adoption pursuant to under s. 163.3184 of a conceptual long-term
6578master plan for the entire planning area as part of the
6579comprehensive plan, and adoption by local development order of
6580two or more buildout overlay to the comprehensive plan, having
6581no immediate effect on the issuance of development orders or the
6582applicability of s. 380.06, and adoption under s. 163.3184 of
6583detailed specific area plans that implement the conceptual long-
6584term master plan buildout overlay and authorize issuance of
6585development orders, and within which s. 380.06 is waived. Until
6586such time as a detailed specific area plan is adopted, the
6587underlying future land use designations apply.
6588     (a)  In addition to the other requirements of this chapter,
6589a long-term master plan pursuant to this section conceptual
6590long-term buildout overlay must include maps, illustrations, and
6591text supported by data and analysis to address the following:
6592     1.  A long-range conceptual framework map that, at a
6593minimum, generally depicts identifies anticipated areas of
6594urban, agricultural, rural, and conservation land use,
6595identifies allowed uses in various parts of the planning area,
6596specifies maximum and minimum densities and intensities of use,
6597and provides the general framework for the development pattern
6598in developed areas with graphic illustrations based on a
6599hierarchy of places and functional place-making components.
6600     2.  A general identification of the water supplies needed
6601and available sources of water, including water resource
6602development and water supply development projects, and water
6603conservation measures needed to meet the projected demand of the
6604future land uses in the long-term master plan.
6605     3.  A general identification of the transportation
6606facilities to serve the future land uses in the long-term master
6607plan, including guidelines to be used to establish each modal
6608component intended to optimize mobility.
6609     4.2.  A general identification of other regionally
6610significant public facilities consistent with chapter 9J-2,
6611Florida Administrative Code, irrespective of local governmental
6612jurisdiction necessary to support buildout of the anticipated
6613future land uses, which may include central utilities provided
6614onsite within the planning area, and policies setting forth the
6615procedures to be used to mitigate the impacts of future land
6616uses on public facilities.
6617     5.3.  A general identification of regionally significant
6618natural resources within the planning area based on the best
6619available data and policies setting forth the procedures for
6620protection or conservation of specific resources consistent with
6621the overall conservation and development strategy for the
6622planning area consistent with chapter 9J-2, Florida
6623Administrative Code.
6624     6.4.  General principles and guidelines addressing that
6625address the urban form and the interrelationships of anticipated
6626future land uses; the protection and, as appropriate,
6627restoration and management of lands identified for permanent
6628preservation through recordation of conservation easements
6629consistent with s. 704.06, which shall be phased or staged in
6630coordination with detailed specific area plans to reflect phased
6631or staged development within the planning area; and a
6632discussion, at the applicant's option, of the extent, if any, to
6633which the plan will address restoring key ecosystems, achieving
6634a more clean, healthy environment;, limiting urban sprawl;
6635providing a range of housing types;, protecting wildlife and
6636natural areas;, advancing the efficient use of land and other
6637resources;, and creating quality communities of a design that
6638promotes travel by multiple transportation modes; and enhancing
6639the prospects for the creation of jobs.
6640     7.5.  Identification of general procedures and policies to
6641facilitate ensure intergovernmental coordination to address
6642extrajurisdictional impacts from the future land uses long-range
6643conceptual framework map.
6644
6645A long-term master plan adopted pursuant to this section may be
6646based upon a planning period longer than the generally
6647applicable planning period of the local comprehensive plan,
6648shall specify the projected population within the planning area
6649during the chosen planning period, and may include a phasing or
6650staging schedule that allocates a portion of the local
6651government's future growth to the planning area through the
6652planning period. A long-term master plan adopted pursuant to
6653this section is not required to demonstrate need based upon
6654projected population growth or on any other basis.
6655     (b)  In addition to the other requirements of this chapter,
6656including those in paragraph (a), the detailed specific area
6657plans shall be consistent with the long-term master plan and
6658must include conditions and commitments that provide for:
6659     1.  Development or conservation of an area of adequate size
6660to accommodate a level of development which achieves a
6661functional relationship between a full range of land uses within
6662the area and to encompass at least 1,000 acres consistent with
6663the long-term master plan. The local government state land
6664planning agency may approve detailed specific area plans of less
6665than 1,000 acres based on local circumstances if it is
6666determined that the detailed specific area plan furthers the
6667purposes of this part and part I of chapter 380.
6668     2.  Detailed identification and analysis of the maximum and
6669minimum densities and intensities of use and the distribution,
6670extent, and location of future land uses.
6671     3.  Detailed identification of water resource development
6672and water supply development projects and related infrastructure
6673and water conservation measures to address water needs of
6674development in the detailed specific area plan.
6675     4.  Detailed identification of the transportation
6676facilities to serve the future land uses in the detailed
6677specific area plan.
6678     5.3.  Detailed identification of other regionally
6679significant public facilities, including public facilities
6680outside the jurisdiction of the host local government,
6681anticipated impacts of future land uses on those facilities, and
6682required improvements consistent with the long-term master plan
6683chapter 9J-2, Florida Administrative Code.
6684     6.4.  Public facilities necessary to serve development in
6685the detailed specific area plan for the short term, including
6686developer contributions in a financially feasible 5-year capital
6687improvement schedule of the affected local government.
6688     7.5.  Detailed analysis and identification of specific
6689measures to ensure assure the protection and, as appropriate,
6690restoration and management of lands within the boundary of the
6691detailed specific area plan identified for permanent
6692preservation through recordation of conservation easements
6693consistent with s. 704.06, which easements shall be effective
6694before or concurrent with the effective date of the detailed
6695specific area plan of regionally significant natural resources
6696and other important resources both within and outside the host
6697jurisdiction, including those regionally significant resources
6698identified in chapter 9J-2, Florida Administrative Code.
6699     8.6.  Detailed principles and guidelines addressing that
6700address the urban form and the interrelationships of anticipated
6701future land uses; and a discussion, at the applicant's option,
6702of the extent, if any, to which the plan will address restoring
6703key ecosystems, achieving a more clean, healthy environment;,
6704limiting urban sprawl; providing a range of housing types;,
6705protecting wildlife and natural areas;, advancing the efficient
6706use of land and other resources;, and creating quality
6707communities of a design that promotes travel by multiple
6708transportation modes; and enhancing the prospects for the
6709creation of jobs.
6710     9.7.  Identification of specific procedures to facilitate
6711ensure intergovernmental coordination to address
6712extrajurisdictional impacts from of the detailed specific area
6713plan.
6714
6715A detailed specific area plan adopted by local development order
6716pursuant to this section may be based upon a planning period
6717longer than the generally applicable planning period of the
6718local comprehensive plan and shall specify the projected
6719population within the specific planning area during the chosen
6720planning period. A detailed specific area plan adopted pursuant
6721to this section is not required to demonstrate need based upon
6722projected population growth or on any other basis. All lands
6723identified in the long-term master plan for permanent
6724preservation shall be subject to a recorded conservation
6725easement consistent with s. 704.06 before or concurrent with the
6726effective date of the final detailed specific area plan to be
6727approved within the planning area.
6728     (c)  In its review of a long-term master plan, the state
6729land planning agency shall consult with the Department of
6730Agriculture and Consumer Services, the Department of
6731Environmental Protection, the Fish and Wildlife Conservation
6732Commission, and the applicable water management district
6733regarding the design of areas for protection and conservation of
6734regionally significant natural resources and for the protection
6735and, as appropriate, restoration and management of lands
6736identified for permanent preservation.
6737     (d)  In its review of a long-term master plan, the state
6738land planning agency shall consult with the Department of
6739Transportation, the applicable metropolitan planning
6740organization, and any urban transit agency regarding the
6741location, capacity, design, and phasing or staging of major
6742transportation facilities in the planning area.
6743     (e)  Whenever a local government issues a development order
6744approving a detailed specific area plan, a copy of such order
6745shall be rendered to the state land planning agency and the
6746owner or developer of the property affected by such order, as
6747prescribed by rules of the state land planning agency for a
6748development order for a development of regional impact. Within
674945 days after the order is rendered, the owner, the developer,
6750or the state land planning agency may appeal the order to the
6751Florida Land and Water Adjudicatory Commission by filing a
6752petition alleging that the detailed specific area plan is not
6753consistent with the comprehensive plan or with the long-term
6754master plan adopted pursuant to this section. The appellant
6755shall furnish a copy of the petition to the opposing party, as
6756the case may be, and to the local government that issued the
6757order. The filing of the petition stays the effectiveness of the
6758order until after completion of the appeal process. However, if
6759a development order approving a detailed specific area plan has
6760been challenged by an aggrieved or adversely affected party in a
6761judicial proceeding pursuant to s. 163.3215, and a party to such
6762proceeding serves notice to the state land planning agency, the
6763state land planning agency shall dismiss its appeal to the
6764commission and shall have the right to intervene in the pending
6765judicial proceeding pursuant to s. 163.3215. Proceedings for
6766administrative review of an order approving a detailed specific
6767area plan shall be conducted consistent with s. 380.07(6). The
6768commission shall issue a decision granting or denying permission
6769to develop pursuant to the long-term master plan and the
6770standards of this part and may attach conditions or restrictions
6771to its decisions.
6772     (f)(c)  This subsection does may not be construed to
6773prevent preparation and approval of the optional sector plan and
6774detailed specific area plan concurrently or in the same
6775submission.
6776     (4)  Upon the long-term master plan becoming legally
6777effective:
6778     (a)  Any long-range transportation plan developed by a
6779metropolitan planning organization pursuant to s. 339.175(7)
6780must be consistent, to the maximum extent feasible, with the
6781long-term master plan, including, but not limited to, the
6782projected population and the approved uses and densities and
6783intensities of use and their distribution within the planning
6784area. The transportation facilities identified in adopted plans
6785pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
6786in coordination with the adopted M.P.O. long-range
6787transportation plan.
6788     (b)  The water needs, sources and water resource
6789development, and water supply development projects identified in
6790adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
6791be incorporated into the applicable district and regional water
6792supply plans adopted in accordance with ss. 373.036 and 373.709.
6793Accordingly, and notwithstanding the permit durations stated in
6794s. 373.236, an applicant may request and the applicable district
6795may issue consumptive use permits for durations commensurate
6796with the long-term master plan or detailed specific area plan,
6797considering the ability of the master plan area to contribute to
6798regional water supply availability and the need to maximize
6799reasonable-beneficial use of the water resource. The permitting
6800criteria in s. 373.223 shall be applied based upon the projected
6801population and the approved densities and intensities of use and
6802their distribution in the long-term master plan; however, the
6803allocation of the water may be phased over the permit duration
6804to correspond to actual projected needs. This paragraph does not
6805supersede the public interest test set forth in s. 373.223. The
6806host local government shall submit a monitoring report to the
6807state land planning agency and applicable regional planning
6808council on an annual basis after adoption of a detailed specific
6809area plan. The annual monitoring report must provide summarized
6810information on development orders issued, development that has
6811occurred, public facility improvements made, and public facility
6812improvements anticipated over the upcoming 5 years.
6813     (5)  When a plan amendment adopting a detailed specific
6814area plan has become effective for a portion of the planning
6815area governed by a long-term master plan adopted pursuant to
6816this section under ss. 163.3184 and 163.3189(2), the provisions
6817of s. 380.06 does do not apply to development within the
6818geographic area of the detailed specific area plan. However, any
6819development-of-regional-impact development order that is vested
6820from the detailed specific area plan may be enforced pursuant to
6821under s. 380.11.
6822     (a)  The local government adopting the detailed specific
6823area plan is primarily responsible for monitoring and enforcing
6824the detailed specific area plan. Local governments may shall not
6825issue any permits or approvals or provide any extensions of
6826services to development that are not consistent with the
6827detailed specific sector area plan.
6828     (b)  If the state land planning agency has reason to
6829believe that a violation of any detailed specific area plan, or
6830of any agreement entered into under this section, has occurred
6831or is about to occur, it may institute an administrative or
6832judicial proceeding to prevent, abate, or control the conditions
6833or activity creating the violation, using the procedures in s.
6834380.11.
6835     (c)  In instituting an administrative or judicial
6836proceeding involving a an optional sector plan or detailed
6837specific area plan, including a proceeding pursuant to paragraph
6838(b), the complaining party shall comply with the requirements of
6839s. 163.3215(4), (5), (6), and (7), except as provided by
6840paragraph (3)(e).
6841     (d)  The detailed specific area plan shall establish a
6842buildout date until which the approved development is not
6843subject to downzoning, unit density reduction, or intensity
6844reduction, unless the local government can demonstrate that
6845implementation of the plan is not continuing in good faith based
6846on standards established by plan policy, that substantial
6847changes in the conditions underlying the approval of the
6848detailed specific area plan have occurred, that the detailed
6849specific area plan was based on substantially inaccurate
6850information provided by the applicant, or that the change is
6851clearly established to be essential to the public health,
6852safety, or welfare.
6853     (6)  Concurrent with or subsequent to review and adoption
6854of a long-term master plan pursuant to paragraph (3)(a), an
6855applicant may apply for master development approval pursuant to
6856s. 380.06(21) for the entire planning area in order to establish
6857a buildout date until which the approved uses and densities and
6858intensities of use of the master plan are not subject to
6859downzoning, unit density reduction, or intensity reduction,
6860unless the local government can demonstrate that implementation
6861of the master plan is not continuing in good faith based on
6862standards established by plan policy, that substantial changes
6863in the conditions underlying the approval of the master plan
6864have occurred, that the master plan was based on substantially
6865inaccurate information provided by the applicant, or that change
6866is clearly established to be essential to the public health,
6867safety, or welfare. Review of the application for master
6868development approval shall be at a level of detail appropriate
6869for the long-term and conceptual nature of the long-term master
6870plan and, to the maximum extent possible, may only consider
6871information provided in the application for a long-term master
6872plan. Notwithstanding s. 380.06, an increment of development in
6873such an approved master development plan must be approved by a
6874detailed specific area plan pursuant to paragraph (3)(b) and is
6875exempt from review pursuant to s. 380.06.
6876     (6)  Beginning December 1, 1999, and each year thereafter,
6877the department shall provide a status report to the Legislative
6878Committee on Intergovernmental Relations regarding each optional
6879sector plan authorized under this section.
6880     (7)  A developer within an area subject to a long-term
6881master plan that meets the requirements of paragraph (3)(a) and
6882subsection (6) or a detailed specific area plan that meets the
6883requirements of paragraph (3)(b) may enter into a development
6884agreement with a local government pursuant to ss. 163.3220-
6885163.3243. The duration of such a development agreement may be
6886through the planning period of the long-term master plan or the
6887detailed specific area plan, as the case may be, notwithstanding
6888the limit on the duration of a development agreement pursuant to
6889s. 163.3229.
6890     (8)  Any owner of property within the planning area of a
6891proposed long-term master plan may withdraw his consent to the
6892master plan at any time prior to local government adoption, and
6893the local government shall exclude such parcels from the adopted
6894master plan. Thereafter, the long-term master plan, any detailed
6895specific area plan, and the exemption from development-of-
6896regional-impact review under this section do not apply to the
6897subject parcels. After adoption of a long-term master plan, an
6898owner may withdraw his or her property from the master plan only
6899with the approval of the local government by plan amendment
6900adopted and reviewed pursuant to s. 163.3184.
6901     (9)  The adoption of a long-term master plan or a detailed
6902specific area plan pursuant to this section does not limit the
6903right to continue existing agricultural or silvicultural uses or
6904other natural resource-based operations or to establish similar
6905new uses that are consistent with the plans approved pursuant to
6906this section.
6907     (10)  The state land planning agency may enter into an
6908agreement with a local government that, on or before July 1,
69092011, adopted a large-area comprehensive plan amendment
6910consisting of at least 15,000 acres that meets the requirements
6911for a long-term master plan in paragraph (3)(a), after notice
6912and public hearing by the local government, and thereafter,
6913notwithstanding s. 380.06, this part, or any planning agreement
6914or plan policy, the large-area plan shall be implemented through
6915detailed specific area plans that meet the requirements of
6916paragraph (3)(b) and shall otherwise be subject to this section.
6917     (11)  Notwithstanding this section, a detailed specific
6918area plan to implement a conceptual long-term buildout overlay,
6919adopted by a local government and found in compliance before
6920July 1, 2011, shall be governed by this section.
6921     (12)  Notwithstanding s. 380.06, this part, or any planning
6922agreement or plan policy, a landowner or developer who has
6923received approval of a master development-of-regional-impact
6924development order pursuant to s. 380.06(21) may apply to
6925implement this order by filing one or more applications to
6926approve a detailed specific area plan pursuant to paragraph
6927(3)(b).
6928     (13)(7)  This section may not be construed to abrogate the
6929rights of any person under this chapter.
6930     Section 29.  Subsections (9), (12), and (14) of section
6931163.3246, Florida Statutes, are amended to read:
6932     163.3246  Local government comprehensive planning
6933certification program.-
6934     (9)(a)  Upon certification all comprehensive plan
6935amendments associated with the area certified must be adopted
6936and reviewed in the manner described in s. ss. 163.3184(5)-
6937(11)(1), (2), (7), (14), (15), and (16) and 163.3187, such that
6938state and regional agency review is eliminated. Plan amendments
6939that qualify as small scale development amendments may follow
6940the small scale review process in s. 163.3187. The department
6941may not issue any objections, recommendations, and comments
6942report on proposed plan amendments or a notice of intent on
6943adopted plan amendments; however, affected persons, as defined
6944by s. 163.3184(1)(a), may file a petition for administrative
6945review pursuant to the requirements of s. 163.3184(5)
6946163.3187(3)(a) to challenge the compliance of an adopted plan
6947amendment.
6948     (b)  Plan amendments that change the boundaries of the
6949certification area; propose a rural land stewardship area
6950pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
6951sector plan pursuant to s. 163.3245; propose a school facilities
6952element; update a comprehensive plan based on an evaluation and
6953appraisal review report; impact lands outside the certification
6954boundary; implement new statutory requirements that require
6955specific comprehensive plan amendments; or increase hurricane
6956evacuation times or the need for shelter capacity on lands
6957within the coastal high-hazard area shall be reviewed pursuant
6958to s. ss. 163.3184 and 163.3187.
6959     (12)  A local government's certification shall be reviewed
6960by the local government and the department as part of the
6961evaluation and appraisal process pursuant to s. 163.3191. Within
69621 year after the deadline for the local government to update its
6963comprehensive plan based on the evaluation and appraisal report,
6964the department shall renew or revoke the certification. The
6965local government's failure to adopt a timely evaluation and
6966appraisal report, failure to adopt an evaluation and appraisal
6967report found to be sufficient, or failure to timely adopt
6968necessary amendments to update its comprehensive plan based on
6969an evaluation and appraisal, which are report found to be in
6970compliance by the department, shall be cause for revoking the
6971certification agreement. The department's decision to renew or
6972revoke shall be considered agency action subject to challenge
6973under s. 120.569.
6974     (14)  The Office of Program Policy Analysis and Government
6975Accountability shall prepare a report evaluating the
6976certification program, which shall be submitted to the Governor,
6977the President of the Senate, and the Speaker of the House of
6978Representatives by December 1, 2007.
6979     Section 30.  Section 163.32465, Florida Statutes, is
6980repealed.
6981     Section 31.  Subsection (6) is added to section 163.3247,
6982Florida Statutes, to read:
6983     163.3247  Century Commission for a Sustainable Florida.-
6984     (6)  EXPIRATION.-This section is repealed and the
6985commission is abolished June 30, 2013.
6986     Section 32.  Section 163.3248, Florida Statutes, is created
6987to read:
6988     163.3248  Rural land stewardship areas.-
6989     (1)  Rural land stewardship areas are designed to establish
6990a long-term incentive based strategy to balance and guide the
6991allocation of land so as to accommodate future land uses in a
6992manner that protects the natural environment, stimulate economic
6993growth and diversification, and encourage the retention of land
6994for agriculture and other traditional rural land uses.
6995     (2)  Upon written request by one or more landowners of the
6996subject lands to designate lands as a rural land stewardship
6997area, or pursuant to a private-sector-initiated comprehensive
6998plan amendment filed by, or with the consent of the owners of
6999the subject lands, local governments may adopt a future land use
7000overlay to designate all or portions of lands classified in the
7001future land use element as predominantly agricultural, rural,
7002open, open-rural, or a substantively equivalent land use, as a
7003rural land stewardship area within which planning and economic
7004incentives are applied to encourage the implementation of
7005innovative and flexible planning and development strategies and
7006creative land use planning techniques to support a diverse
7007economic and employment base. The future land use overlay may
7008not require a demonstration of need based on population
7009projections or any other factors.
7010     (3)  Rural land stewardship areas may be used to further
7011the following broad principles of rural sustainability:
7012restoration and maintenance of the economic value of rural land;
7013control of urban sprawl; identification and protection of
7014ecosystems, habitats, and natural resources; promotion and
7015diversification of economic activity and employment
7016opportunities within the rural areas; maintenance of the
7017viability of the state's agricultural economy; and protection of
7018private property rights in rural areas of the state. Rural land
7019stewardship areas may be multicounty in order to encourage
7020coordinated regional stewardship planning.
7021     (4)  A local government or one or more property owners may
7022request assistance and participation in the development of a
7023plan for the rural land stewardship area from the state land
7024planning agency, the Department of Agriculture and Consumer
7025Services, the Fish and Wildlife Conservation Commission, the
7026Department of Environmental Protection, the appropriate water
7027management district, the Department of Transportation, the
7028regional planning council, private land owners, and
7029stakeholders.
7030     (5)  A rural land stewardship area shall be not less than
703110,000 acres, shall be located outside of municipalities and
7032established urban service areas, and shall be designated by plan
7033amendment by each local government with jurisdiction over the
7034rural land stewardship area. The plan amendment or amendments
7035designating a rural land stewardship area are subject to review
7036pursuant to s. 163.3184 and shall provide for the following:
7037     (a)  Criteria for the designation of receiving areas which
7038shall, at a minimum, provide for the following: adequacy of
7039suitable land to accommodate development so as to avoid conflict
7040with significant environmentally sensitive areas, resources, and
7041habitats; compatibility between and transition from higher
7042density uses to lower intensity rural uses; and the
7043establishment of receiving area service boundaries that provide
7044for a transition from receiving areas and other land uses within
7045the rural land stewardship area through limitations on the
7046extension of services.
7047     (b)  Innovative planning and development strategies to be
7048applied within rural land stewardship areas pursuant to this
7049section.
7050     (c)  A process for the implementation of innovative
7051planning and development strategies within the rural land
7052stewardship area, including those described in this subsection,
7053which provide for a functional mix of land uses through the
7054adoption by the local government of zoning and land development
7055regulations applicable to the rural land stewardship area.
7056     (d)  A mix of densities and intensities that would not be
7057characterized as urban sprawl through the use of innovative
7058strategies and creative land use techniques.
7059     (6)  A receiving area may be designated only pursuant to
7060procedures established in the local government's land
7061development regulations. If receiving area designation requires
7062the approval of the county board of county commissioners, such
7063approval shall be by resolution with a simple majority vote.
7064Before the commencement of development within a stewardship
7065receiving area, a listed species survey must be performed for
7066the area proposed for development. If listed species occur on
7067the receiving area development site, the applicant must
7068coordinate with each appropriate local, state, or federal agency
7069to determine if adequate provisions have been made to protect
7070those species in accordance with applicable regulations. In
7071determining the adequacy of provisions for the protection of
7072listed species and their habitats, the rural land stewardship
7073area shall be considered as a whole, and the potential impacts
7074and protective measures taken within areas to be developed as
7075receiving areas shall be considered in conjunction with and
7076compensated by lands set aside and protective measures taken
7077within the designated sending areas.
7078     (7)  Upon the adoption of a plan amendment creating a rural
7079land stewardship area, the local government shall, by ordinance,
7080establish a rural land stewardship overlay zoning district,
7081which shall provide the methodology for the creation,
7082conveyance, and use of transferable rural land use credits,
7083hereinafter referred to as stewardship credits, the assignment
7084and application of which does not constitute a right to develop
7085land or increase the density of land, except as provided by this
7086section. The total amount of stewardship credits within the
7087rural land stewardship area must enable the realization of the
7088long-term vision and goals for the rural land stewardship area,
7089which may take into consideration the anticipated effect of the
7090proposed receiving areas. The estimated amount of receiving area
7091shall be projected based on available data, and the development
7092potential represented by the stewardship credits created within
7093the rural land stewardship area must correlate to that amount.
7094     (8)  Stewardship credits are subject to the following
7095limitations:
7096     (a)  Stewardship credits may exist only within a rural land
7097stewardship area.
7098     (b)  Stewardship credits may be created only from lands
7099designated as stewardship sending areas and may be used only on
7100lands designated as stewardship receiving areas and then solely
7101for the purpose of implementing innovative planning and
7102development strategies and creative land use planning techniques
7103adopted by the local government pursuant to this section.
7104     (c)  Stewardship credits assigned to a parcel of land
7105within a rural land stewardship area shall cease to exist if the
7106parcel of land is removed from the rural land stewardship area
7107by plan amendment.
7108     (d)  Neither the creation of the rural land stewardship
7109area by plan amendment nor the adoption of the rural land
7110stewardship zoning overlay district by the local government may
7111displace the underlying permitted uses or the density or
7112intensity of land uses assigned to a parcel of land within the
7113rural land stewardship area that existed before adoption of the
7114plan amendment or zoning overlay district; however, once
7115stewardship credits have been transferred from a designated
7116sending area for use within a designated receiving area, the
7117underlying density assigned to the designated sending area
7118ceases to exist.
7119     (e)  The underlying permitted uses, density, or intensity
7120on each parcel of land located within a rural land stewardship
7121area may not be increased or decreased by the local government,
7122except as a result of the conveyance or stewardship credits, as
7123long as the parcel remains within the rural land stewardship
7124area.
7125     (f)  Stewardship credits shall cease to exist on a parcel
7126of land where the underlying density assigned to the parcel of
7127land is used.
7128     (g)  An increase in the density or intensity of use on a
7129parcel of land located within a designated receiving area may
7130occur only through the assignment or use of stewardship credits
7131and do not require a plan amendment. A change in the type of
7132agricultural use on property within a rural land stewardship
7133area is not considered a change in use or intensity of use and
7134does not require any transfer of stewardship credits.
7135     (h)  A change in the density or intensity of land use on
7136parcels located within receiving areas shall be specified in a
7137development order that reflects the total number of stewardship
7138credits assigned to the parcel of land and the infrastructure
7139and support services necessary to provide for a functional mix
7140of land uses corresponding to the plan of development.
7141     (i)  Land within a rural land stewardship area may be
7142removed from the rural land stewardship area through a plan
7143amendment.
7144     (j)  Stewardship credits may be assigned at different
7145ratios of credits per acre according to the natural resource or
7146other beneficial use characteristics of the land and according
7147to the land use remaining after the transfer of credits, with
7148the highest number of credits per acre assigned to the most
7149environmentally valuable land or, in locations where the
7150retention of open space and agricultural land is a priority, to
7151such lands.
7152     (k)  Stewardship credits may be transferred from a sending
7153area only after a stewardship easement is placed on the sending
7154area land with assigned stewardship credits. A stewardship
7155easement is a covenant or restrictive easement running with the
7156land which specifies the allowable uses and development
7157restrictions for the portion of a sending area from which
7158stewardship credits have been transferred. The stewardship
7159easement must be jointly held by the county and the Department
7160of Environmental Protection, the Department of Agriculture and
7161Consumer Services, a water management district, or a recognized
7162statewide land trust.
7163     (9)  Owners of land within rural land stewardship sending
7164areas should be provided other incentives, in addition to the
7165use or conveyance of stewardship credits, to enter into rural
7166land stewardship agreements, pursuant to existing law and rules
7167adopted thereto, with state agencies, water management
7168districts, the Fish and Wildlife Conservation Commission, and
7169local governments to achieve mutually agreed upon objectives.
7170Such incentives may include, but are not limited to, the
7171following:
7172     (a)  Opportunity to accumulate transferable wetland and
7173species habitat mitigation credits for use or sale.
7174     (b)  Extended permit agreements.
7175     (c)  Opportunities for recreational leases and ecotourism.
7176     (d)  Compensation for the achievement of specified land
7177management activities of public benefit, including, but not
7178limited to, facility siting and corridors, recreational leases,
7179water conservation and storage, water reuse, wastewater
7180recycling, water supply and water resource development, nutrient
7181reduction, environmental restoration and mitigation, public
7182recreation, listed species protection and recovery, and wildlife
7183corridor management and enhancement.
7184     (e)  Option agreements for sale to public entities or
7185private land conservation entities, in either fee or easement,
7186upon achievement of specified conservation objectives.
7187     (10)  This section constitutes an overlay of land use
7188options that provide economic and regulatory incentives for
7189landowners outside of established and planned urban service
7190areas to conserve and manage vast areas of land for the benefit
7191of the state's citizens and natural environment while
7192maintaining and enhancing the asset value of their landholdings.
7193It is the intent of the Legislature that this section be
7194implemented pursuant to law and rulemaking is not authorized.
7195     (11)  It is the intent of the Legislature that the rural
7196land stewardship area located in Collier County, which was
7197established pursuant to the requirements of a final order by the
7198Governor and Cabinet, duly adopted as a growth management plan
7199amendment by Collier County, and found in compliance with this
7200chapter, be recognized as a statutory rural land stewardship
7201area and be afforded the incentives in this section.
7202     Section 33.  Paragraph (a) of subsection (2) of section
7203163.360, Florida Statutes, is amended to read:
7204     163.360  Community redevelopment plans.-
7205     (2)  The community redevelopment plan shall:
7206     (a)  Conform to the comprehensive plan for the county or
7207municipality as prepared by the local planning agency under the
7208Community Local Government Comprehensive Planning and Land
7209Development Regulation Act.
7210     Section 34.  Paragraph (a) of subsection (3) and subsection
7211(8) of section 163.516, Florida Statutes, are amended to read:
7212     163.516  Safe neighborhood improvement plans.-
7213     (3)  The safe neighborhood improvement plan shall:
7214     (a)  Be consistent with the adopted comprehensive plan for
7215the county or municipality pursuant to the Community Local
7216Government Comprehensive Planning and Land Development
7217Regulation Act. No district plan shall be implemented unless the
7218local governing body has determined said plan is consistent.
7219     (8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7220the governing body of a municipality or county shall hold two
7221public hearings to consider the board-adopted safe neighborhood
7222improvement plan as an amendment or modification to the
7223municipality's or county's adopted local comprehensive plan.
7224     Section 35.  Paragraph (f) of subsection (6), subsection
7225(9), and paragraph (c) of subsection (11) of section 171.203,
7226Florida Statutes, are amended to read:
7227     171.203  Interlocal service boundary agreement.-The
7228governing body of a county and one or more municipalities or
7229independent special districts within the county may enter into
7230an interlocal service boundary agreement under this part. The
7231governing bodies of a county, a municipality, or an independent
7232special district may develop a process for reaching an
7233interlocal service boundary agreement which provides for public
7234participation in a manner that meets or exceeds the requirements
7235of subsection (13), or the governing bodies may use the process
7236established in this section.
7237     (6)  An interlocal service boundary agreement may address
7238any issue concerning service delivery, fiscal responsibilities,
7239or boundary adjustment. The agreement may include, but need not
7240be limited to, provisions that:
7241     (f)  Establish a process for land use decisions consistent
7242with part II of chapter 163, including those made jointly by the
7243governing bodies of the county and the municipality, or allow a
7244municipality to adopt land use changes consistent with part II
7245of chapter 163 for areas that are scheduled to be annexed within
7246the term of the interlocal agreement; however, the county
7247comprehensive plan and land development regulations shall
7248control until the municipality annexes the property and amends
7249its comprehensive plan accordingly. Comprehensive plan
7250amendments to incorporate the process established by this
7251paragraph are exempt from the twice-per-year limitation under s.
7252163.3187.
7253     (9)  Each local government that is a party to the
7254interlocal service boundary agreement shall amend the
7255intergovernmental coordination element of its comprehensive
7256plan, as described in s. 163.3177(6)(h)1., no later than 6
7257months following entry of the interlocal service boundary
7258agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7259required by this subsection are exempt from the twice-per-year
7260limitation under s. 163.3187.
7261     (11)
7262     (c)  Any amendment required by paragraph (a) is exempt from
7263the twice-per-year limitation under s. 163.3187.
7264     Section 36.  Section 186.513, Florida Statutes, is amended
7265to read:
7266     186.513  Reports.-Each regional planning council shall
7267prepare and furnish an annual report on its activities to the
7268state land planning agency as defined in s. 163.3164(20) and the
7269local general-purpose governments within its boundaries and,
7270upon payment as may be established by the council, to any
7271interested person. The regional planning councils shall make a
7272joint report and recommendations to appropriate legislative
7273committees.
7274     Section 37.  Section 186.515, Florida Statutes, is amended
7275to read:
7276     186.515  Creation of regional planning councils under
7277chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7278186.515 is intended to repeal or limit the provisions of chapter
7279163; however, the local general-purpose governments serving as
7280voting members of the governing body of a regional planning
7281council created pursuant to ss. 186.501-186.507, 186.513, and
7282186.515 are not authorized to create a regional planning council
7283pursuant to chapter 163 unless an agency, other than a regional
7284planning council created pursuant to ss. 186.501-186.507,
7285186.513, and 186.515, is designated to exercise the powers and
7286duties in any one or more of ss. 163.3164(19) and 380.031(15);
7287in which case, such a regional planning council is also without
7288authority to exercise the powers and duties in s. 163.3164(19)
7289or s. 380.031(15).
7290     Section 38.  Subsection (1) of section 189.415, Florida
7291Statutes, is amended to read:
7292     189.415  Special district public facilities report.-
7293     (1)  It is declared to be the policy of this state to
7294foster coordination between special districts and local general-
7295purpose governments as those local general-purpose governments
7296develop comprehensive plans under the Community Local Government
7297Comprehensive Planning and Land Development Regulation Act,
7298pursuant to part II of chapter 163.
7299     Section 39.  Subsection (3) of section 190.004, Florida
7300Statutes, is amended to read:
7301     190.004  Preemption; sole authority.-
7302     (3)  The establishment of an independent community
7303development district as provided in this act is not a
7304development order within the meaning of chapter 380. All
7305governmental planning, environmental, and land development laws,
7306regulations, and ordinances apply to all development of the land
7307within a community development district. Community development
7308districts do not have the power of a local government to adopt a
7309comprehensive plan, building code, or land development code, as
7310those terms are defined in the Community Local Government
7311Comprehensive Planning and Land Development Regulation Act. A
7312district shall take no action which is inconsistent with
7313applicable comprehensive plans, ordinances, or regulations of
7314the applicable local general-purpose government.
7315     Section 40.  Paragraph (a) of subsection (1) of section
7316190.005, Florida Statutes, is amended to read:
7317     190.005  Establishment of district.-
7318     (1)  The exclusive and uniform method for the establishment
7319of a community development district with a size of 1,000 acres
7320or more shall be pursuant to a rule, adopted under chapter 120
7321by the Florida Land and Water Adjudicatory Commission, granting
7322a petition for the establishment of a community development
7323district.
7324     (a)  A petition for the establishment of a community
7325development district shall be filed by the petitioner with the
7326Florida Land and Water Adjudicatory Commission. The petition
7327shall contain:
7328     1.  A metes and bounds description of the external
7329boundaries of the district. Any real property within the
7330external boundaries of the district which is to be excluded from
7331the district shall be specifically described, and the last known
7332address of all owners of such real property shall be listed. The
7333petition shall also address the impact of the proposed district
7334on any real property within the external boundaries of the
7335district which is to be excluded from the district.
7336     2.  The written consent to the establishment of the
7337district by all landowners whose real property is to be included
7338in the district or documentation demonstrating that the
7339petitioner has control by deed, trust agreement, contract, or
7340option of 100 percent of the real property to be included in the
7341district, and when real property to be included in the district
7342is owned by a governmental entity and subject to a ground lease
7343as described in s. 190.003(14), the written consent by such
7344governmental entity.
7345     3.  A designation of five persons to be the initial members
7346of the board of supervisors, who shall serve in that office
7347until replaced by elected members as provided in s. 190.006.
7348     4.  The proposed name of the district.
7349     5.  A map of the proposed district showing current major
7350trunk water mains and sewer interceptors and outfalls if in
7351existence.
7352     6.  Based upon available data, the proposed timetable for
7353construction of the district services and the estimated cost of
7354constructing the proposed services. These estimates shall be
7355submitted in good faith but are shall not be binding and may be
7356subject to change.
7357     7.  A designation of the future general distribution,
7358location, and extent of public and private uses of land proposed
7359for the area within the district by the future land use plan
7360element of the effective local government comprehensive plan of
7361which all mandatory elements have been adopted by the applicable
7362general-purpose local government in compliance with the
7363Community Local Government Comprehensive Planning and Land
7364Development Regulation Act.
7365     8.  A statement of estimated regulatory costs in accordance
7366with the requirements of s. 120.541.
7367     Section 41.  Paragraph (i) of subsection (6) of section
7368193.501, Florida Statutes, is amended to read:
7369     193.501  Assessment of lands subject to a conservation
7370easement, environmentally endangered lands, or lands used for
7371outdoor recreational or park purposes when land development
7372rights have been conveyed or conservation restrictions have been
7373covenanted.-
7374     (6)  The following terms whenever used as referred to in
7375this section have the following meanings unless a different
7376meaning is clearly indicated by the context:
7377     (i)  "Qualified as environmentally endangered" means land
7378that has unique ecological characteristics, rare or limited
7379combinations of geological formations, or features of a rare or
7380limited nature constituting habitat suitable for fish, plants,
7381or wildlife, and which, if subject to a development moratorium
7382or one or more conservation easements or development
7383restrictions appropriate to retaining such land or water areas
7384predominantly in their natural state, would be consistent with
7385the conservation, recreation and open space, and, if applicable,
7386coastal protection elements of the comprehensive plan adopted by
7387formal action of the local governing body pursuant to s.
7388163.3161, the Community Local Government Comprehensive Planning
7389and Land Development Regulation Act; or surface waters and
7390wetlands, as determined by the methodology ratified in s.
7391373.4211.
7392     Section 42.  Subsection (15) of section 287.042, Florida
7393Statutes, is amended to read:
7394     287.042  Powers, duties, and functions.-The department
7395shall have the following powers, duties, and functions:
7396     (15)  To enter into joint agreements with governmental
7397agencies, as defined in s. 163.3164(10), for the purpose of
7398pooling funds for the purchase of commodities or information
7399technology that can be used by multiple agencies.
7400     (a)  Each agency that has been appropriated or has existing
7401funds for such purchase, shall, upon contract award by the
7402department, transfer their portion of the funds into the
7403department's Operating Trust Fund for payment by the department.
7404The funds shall be transferred by the Executive Office of the
7405Governor pursuant to the agency budget amendment request
7406provisions in chapter 216.
7407     (b)  Agencies that sign the joint agreements are
7408financially obligated for their portion of the agreed-upon
7409funds. If an agency becomes more than 90 days delinquent in
7410paying the funds, the department shall certify to the Chief
7411Financial Officer the amount due, and the Chief Financial
7412Officer shall transfer the amount due to the Operating Trust
7413Fund of the department from any of the agency's available funds.
7414The Chief Financial Officer shall report these transfers and the
7415reasons for the transfers to the Executive Office of the
7416Governor and the legislative appropriations committees.
7417     Section 43.  Subsection (4) of section 288.063, Florida
7418Statutes, is amended to read:
7419     288.063  Contracts for transportation projects.-
7420     (4)  The Office of Tourism, Trade, and Economic Development
7421may adopt criteria by which transportation projects are to be
7422reviewed and certified in accordance with s. 288.061. In
7423approving transportation projects for funding, the Office of
7424Tourism, Trade, and Economic Development shall consider factors
7425including, but not limited to, the cost per job created or
7426retained considering the amount of transportation funds
7427requested; the average hourly rate of wages for jobs created;
7428the reliance on the program as an inducement for the project's
7429location decision; the amount of capital investment to be made
7430by the business; the demonstrated local commitment; the location
7431of the project in an enterprise zone designated pursuant to s.
7432290.0055; the location of the project in a spaceport territory
7433as defined in s. 331.304; the unemployment rate of the
7434surrounding area; and the poverty rate of the community; and the
7435adoption of an economic element as part of its local
7436comprehensive plan in accordance with s. 163.3177(7)(j). The
7437Office of Tourism, Trade, and Economic Development may contact
7438any agency it deems appropriate for additional input regarding
7439the approval of projects.
7440     Section 44.  Paragraph (a) of subsection (2), subsection
7441(10), and paragraph (d) of subsection (12) of section 288.975,
7442Florida Statutes, are amended to read:
7443     288.975  Military base reuse plans.-
7444     (2)  As used in this section, the term:
7445     (a)  "Affected local government" means a local government
7446adjoining the host local government and any other unit of local
7447government that is not a host local government but that is
7448identified in a proposed military base reuse plan as providing,
7449operating, or maintaining one or more public facilities as
7450defined in s. 163.3164(24) on lands within or serving a military
7451base designated for closure by the Federal Government.
7452     (10)  Within 60 days after receipt of a proposed military
7453base reuse plan, these entities shall review and provide
7454comments to the host local government. The commencement of this
7455review period shall be advertised in newspapers of general
7456circulation within the host local government and any affected
7457local government to allow for public comment. No later than 180
7458days after receipt and consideration of all comments, and the
7459holding of at least two public hearings, the host local
7460government shall adopt the military base reuse plan. The host
7461local government shall comply with the notice requirements set
7462forth in s. 163.3184(11)(15) to ensure full public participation
7463in this planning process.
7464     (12)  Following receipt of a petition, the petitioning
7465party or parties and the host local government shall seek
7466resolution of the issues in dispute. The issues in dispute shall
7467be resolved as follows:
7468     (d)  Within 45 days after receiving the report from the
7469state land planning agency, the Administration Commission shall
7470take action to resolve the issues in dispute. In deciding upon a
7471proper resolution, the Administration Commission shall consider
7472the nature of the issues in dispute, any requests for a formal
7473administrative hearing pursuant to chapter 120, the compliance
7474of the parties with this section, the extent of the conflict
7475between the parties, the comparative hardships and the public
7476interest involved. If the Administration Commission incorporates
7477in its final order a term or condition that requires any local
7478government to amend its local government comprehensive plan, the
7479local government shall amend its plan within 60 days after the
7480issuance of the order. Such amendment or amendments shall be
7481exempt from the limitation of the frequency of plan amendments
7482contained in s. 163.3187(1), and A public hearing on such
7483amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
7484shall not be required. The final order of the Administration
7485Commission is subject to appeal pursuant to s. 120.68. If the
7486order of the Administration Commission is appealed, the time for
7487the local government to amend its plan shall be tolled during
7488the pendency of any local, state, or federal administrative or
7489judicial proceeding relating to the military base reuse plan.
7490     Section 45.  Subsection (4) of section 290.0475, Florida
7491Statutes, is amended to read:
7492     290.0475  Rejection of grant applications; penalties for
7493failure to meet application conditions.-Applications received
7494for funding under all program categories shall be rejected
7495without scoring only in the event that any of the following
7496circumstances arise:
7497     (4)  The application is not consistent with the local
7498government's comprehensive plan adopted pursuant to s.
7499163.3184(7).
7500     Section 46.  Paragraph (c) of subsection (3) of section
7501311.07, Florida Statutes, is amended to read:
7502     311.07  Florida seaport transportation and economic
7503development funding.-
7504     (3)
7505     (c)  To be eligible for consideration by the council
7506pursuant to this section, a project must be consistent with the
7507port comprehensive master plan which is incorporated as part of
7508the approved local government comprehensive plan as required by
7509s. 163.3178(2)(k) or other provisions of the Community Local
7510Government Comprehensive Planning and Land Development
7511Regulation Act, part II of chapter 163.
7512     Section 47.  Subsection (1) of section 331.319, Florida
7513Statutes, is amended to read:
7514     331.319  Comprehensive planning; building and safety
7515codes.-The board of directors may:
7516     (1)  Adopt, and from time to time review, amend,
7517supplement, or repeal, a comprehensive general plan for the
7518physical development of the area within the spaceport territory
7519in accordance with the objectives and purposes of this act and
7520consistent with the comprehensive plans of the applicable county
7521or counties and municipality or municipalities adopted pursuant
7522to the Community Local Government Comprehensive Planning and
7523Land Development Regulation Act, part II of chapter 163.
7524     Section 48.  Paragraph (e) of subsection (5) of section
7525339.155, Florida Statutes, is amended to read:
7526     339.155  Transportation planning.-
7527     (5)  ADDITIONAL TRANSPORTATION PLANS.-
7528     (e)  The regional transportation plan developed pursuant to
7529this section must, at a minimum, identify regionally significant
7530transportation facilities located within a regional
7531transportation area and contain a prioritized list of regionally
7532significant projects. The level-of-service standards for
7533facilities to be funded under this subsection shall be adopted
7534by the appropriate local government in accordance with s.
7535163.3180(10). The projects shall be adopted into the capital
7536improvements schedule of the local government comprehensive plan
7537pursuant to s. 163.3177(3).
7538     Section 49.  Paragraph (a) of subsection (4) of section
7539339.2819, Florida Statutes, is amended to read:
7540     339.2819  Transportation Regional Incentive Program.-
7541     (4)(a)  Projects to be funded with Transportation Regional
7542Incentive Program funds shall, at a minimum:
7543     1.  Support those transportation facilities that serve
7544national, statewide, or regional functions and function as an
7545integrated regional transportation system.
7546     2.  Be identified in the capital improvements element of a
7547comprehensive plan that has been determined to be in compliance
7548with part II of chapter 163, after July 1, 2005, or to implement
7549a long-term concurrency management system adopted by a local
7550government in accordance with s. 163.3180(9). Further, the
7551project shall be in compliance with local government
7552comprehensive plan policies relative to corridor management.
7553     3.  Be consistent with the Strategic Intermodal System Plan
7554developed under s. 339.64.
7555     4.  Have a commitment for local, regional, or private
7556financial matching funds as a percentage of the overall project
7557cost.
7558     Section 50.  Subsection (5) of section 369.303, Florida
7559Statutes, is amended to read:
7560     369.303  Definitions.-As used in this part:
7561     (5)  "Land development regulation" means a regulation
7562covered by the definition in s. 163.3164(23) and any of the
7563types of regulations described in s. 163.3202.
7564     Section 51.  Subsections (5) and (7) of section 369.321,
7565Florida Statutes, are amended to read:
7566     369.321  Comprehensive plan amendments.-Except as otherwise
7567expressly provided, by January 1, 2006, each local government
7568within the Wekiva Study Area shall amend its local government
7569comprehensive plan to include the following:
7570     (5)  Comprehensive plans and comprehensive plan amendments
7571adopted by the local governments to implement this section shall
7572be reviewed by the Department of Community Affairs pursuant to
7573s. 163.3184, and shall be exempt from the provisions of s.
7574163.3187(1).
7575     (7)  During the period prior to the adoption of the
7576comprehensive plan amendments required by this act, any local
7577comprehensive plan amendment adopted by a city or county that
7578applies to land located within the Wekiva Study Area shall
7579protect surface and groundwater resources and be reviewed by the
7580Department of Community Affairs, pursuant to chapter 163 and
7581chapter 9J-5, Florida Administrative Code, using best available
7582data, including the information presented to the Wekiva River
7583Basin Coordinating Committee.
7584     Section 52.  Subsection (1) of section 378.021, Florida
7585Statutes, is amended to read:
7586     378.021  Master reclamation plan.-
7587     (1)  The Department of Environmental Protection shall amend
7588the master reclamation plan that provides guidelines for the
7589reclamation of lands mined or disturbed by the severance of
7590phosphate rock prior to July 1, 1975, which lands are not
7591subject to mandatory reclamation under part II of chapter 211.
7592In amending the master reclamation plan, the Department of
7593Environmental Protection shall continue to conduct an onsite
7594evaluation of all lands mined or disturbed by the severance of
7595phosphate rock prior to July 1, 1975, which lands are not
7596subject to mandatory reclamation under part II of chapter 211.
7597The master reclamation plan when amended by the Department of
7598Environmental Protection shall be consistent with local
7599government plans prepared pursuant to the Community Local
7600Government Comprehensive Planning and Land Development
7601Regulation Act.
7602     Section 53.  Subsection (10) of section 380.031, Florida
7603Statutes, is amended to read:
7604     380.031  Definitions.-As used in this chapter:
7605     (10)  "Local comprehensive plan" means any or all local
7606comprehensive plans or elements or portions thereof prepared,
7607adopted, or amended pursuant to the Community Local Government
7608Comprehensive Planning and Land Development Regulation Act, as
7609amended.
7610     Section 54.  Paragraph (d) of subsection (2), paragraph (b)
7611of subsection (6), paragraph (g) of subsection (15), paragraphs
7612(b), (c), (e), and (f) of subsection (19), subsection (24),
7613paragraph (e) of subsection (28), and paragraphs (a), (d), and
7614(e) of subsection (29) of section 380.06, Florida Statutes, are
7615amended to read:
7616     (2)  STATEWIDE GUIDELINES AND STANDARDS.-
7617     (d)  The guidelines and standards shall be applied as
7618follows:
7619     1.  Fixed thresholds.-
7620     a.  A development that is below 100 percent of all
7621numerical thresholds in the guidelines and standards shall not
7622be required to undergo development-of-regional-impact review.
7623     b.  A development that is at or above 120 percent of any
7624numerical threshold shall be required to undergo development-of-
7625regional-impact review.
7626     c.  Projects certified under s. 403.973 which create at
7627least 100 jobs and meet the criteria of the Office of Tourism,
7628Trade, and Economic Development as to their impact on an area's
7629economy, employment, and prevailing wage and skill levels that
7630are at or below 100 percent of the numerical thresholds for
7631industrial plants, industrial parks, distribution, warehousing
7632or wholesaling facilities, office development or multiuse
7633projects other than residential, as described in s.
7634380.0651(3)(c), (d), and (f)(h), are not required to undergo
7635development-of-regional-impact review.
7636     2.  Rebuttable presumption.-It shall be presumed that a
7637development that is at 100 percent or between 100 and 120
7638percent of a numerical threshold shall be required to undergo
7639development-of-regional-impact review.
7640     (6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7641PLAN AMENDMENTS.-
7642     (b)  Any local government comprehensive plan amendments
7643related to a proposed development of regional impact, including
7644any changes proposed under subsection (19), may be initiated by
7645a local planning agency or the developer and must be considered
7646by the local governing body at the same time as the application
7647for development approval using the procedures provided for local
7648plan amendment in s. 163.3187 or s. 163.3189 and applicable
7649local ordinances, without regard to statutory or local ordinance
7650limits on the frequency of consideration of amendments to the
7651local comprehensive plan. Nothing in This paragraph does not
7652shall be deemed to require favorable consideration of a plan
7653amendment solely because it is related to a development of
7654regional impact. The procedure for processing such comprehensive
7655plan amendments is as follows:
7656     1.  If a developer seeks a comprehensive plan amendment
7657related to a development of regional impact, the developer must
7658so notify in writing the regional planning agency, the
7659applicable local government, and the state land planning agency
7660no later than the date of preapplication conference or the
7661submission of the proposed change under subsection (19).
7662     2.  When filing the application for development approval or
7663the proposed change, the developer must include a written
7664request for comprehensive plan amendments that would be
7665necessitated by the development-of-regional-impact approvals
7666sought. That request must include data and analysis upon which
7667the applicable local government can determine whether to
7668transmit the comprehensive plan amendment pursuant to s.
7669163.3184.
7670     3.  The local government must advertise a public hearing on
7671the transmittal within 30 days after filing the application for
7672development approval or the proposed change and must make a
7673determination on the transmittal within 60 days after the
7674initial filing unless that time is extended by the developer.
7675     4.  If the local government approves the transmittal,
7676procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7677followed.
7678     5.  Notwithstanding subsection (11) or subsection (19), the
7679local government may not hold a public hearing on the
7680application for development approval or the proposed change or
7681on the comprehensive plan amendments sooner than 30 days from
7682receipt of the response from the state land planning agency
7683pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7684local governments to adopt, adopt with changes, or not adopt
7685plan amendments pursuant to s. 163.3184(7) shall not apply to
7686concurrent plan amendments provided for in this subsection.
7687     6.  The local government must hear both the application for
7688development approval or the proposed change and the
7689comprehensive plan amendments at the same hearing. However, the
7690local government must take action separately on the application
7691for development approval or the proposed change and on the
7692comprehensive plan amendments.
7693     7.  Thereafter, the appeal process for the local government
7694development order must follow the provisions of s. 380.07, and
7695the compliance process for the comprehensive plan amendments
7696must follow the provisions of s. 163.3184.
7697     (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-
7698     (g)  A local government shall not issue permits for
7699development subsequent to the buildout date contained in the
7700development order unless:
7701     1.  The proposed development has been evaluated
7702cumulatively with existing development under the substantial
7703deviation provisions of subsection (19) subsequent to the
7704termination or expiration date;
7705     2.  The proposed development is consistent with an
7706abandonment of development order that has been issued in
7707accordance with the provisions of subsection (26);
7708     3.  The development of regional impact is essentially built
7709out, in that all the mitigation requirements in the development
7710order have been satisfied, all developers are in compliance with
7711all applicable terms and conditions of the development order
7712except the buildout date, and the amount of proposed development
7713that remains to be built is less than 40 20 percent of any
7714applicable development-of-regional-impact threshold; or
7715     4.  The project has been determined to be an essentially
7716built-out development of regional impact through an agreement
7717executed by the developer, the state land planning agency, and
7718the local government, in accordance with s. 380.032, which will
7719establish the terms and conditions under which the development
7720may be continued. If the project is determined to be essentially
7721built out, development may proceed pursuant to the s. 380.032
7722agreement after the termination or expiration date contained in
7723the development order without further development-of-regional-
7724impact review subject to the local government comprehensive plan
7725and land development regulations or subject to a modified
7726development-of-regional-impact analysis. As used in this
7727paragraph, an "essentially built-out" development of regional
7728impact means:
7729     a.  The developers are in compliance with all applicable
7730terms and conditions of the development order except the
7731buildout date; and
7732     b.(I)  The amount of development that remains to be built
7733is less than the substantial deviation threshold specified in
7734paragraph (19)(b) for each individual land use category, or, for
7735a multiuse development, the sum total of all unbuilt land uses
7736as a percentage of the applicable substantial deviation
7737threshold is equal to or less than 100 percent; or
7738     (II)  The state land planning agency and the local
7739government have agreed in writing that the amount of development
7740to be built does not create the likelihood of any additional
7741regional impact not previously reviewed.
7742
7743The single-family residential portions of a development may be
7744considered "essentially built out" if all of the workforce
7745housing obligations and all of the infrastructure and horizontal
7746development have been completed, at least 50 percent of the
7747dwelling units have been completed, and more than 80 percent of
7748the lots have been conveyed to third-party individual lot owners
7749or to individual builders who own no more than 40 lots at the
7750time of the determination. The mobile home park portions of a
7751development may be considered "essentially built out" if all the
7752infrastructure and horizontal development has been completed,
7753and at least 50 percent of the lots are leased to individual
7754mobile home owners.
7755     (19)  SUBSTANTIAL DEVIATIONS.-
7756     (b)  Any proposed change to a previously approved
7757development of regional impact or development order condition
7758which, either individually or cumulatively with other changes,
7759exceeds any of the following criteria shall constitute a
7760substantial deviation and shall cause the development to be
7761subject to further development-of-regional-impact review without
7762the necessity for a finding of same by the local government:
7763     1.  An increase in the number of parking spaces at an
7764attraction or recreational facility by 15 10 percent or 500 330
7765spaces, whichever is greater, or an increase in the number of
7766spectators that may be accommodated at such a facility by 15 10
7767percent or 1,500 1,100 spectators, whichever is greater.
7768     2.  A new runway, a new terminal facility, a 25-percent
7769lengthening of an existing runway, or a 25-percent increase in
7770the number of gates of an existing terminal, but only if the
7771increase adds at least three additional gates.
7772     3.  An increase in industrial development area by 10
7773percent or 35 acres, whichever is greater.
7774     4.  An increase in the average annual acreage mined by 10
7775percent or 11 acres, whichever is greater, or an increase in the
7776average daily water consumption by a mining operation by 10
7777percent or 330,000 gallons, whichever is greater. A net increase
7778in the size of the mine by 10 percent or 825 acres, whichever is
7779less. For purposes of calculating any net increases in size,
7780only additions and deletions of lands that have not been mined
7781shall be considered. An increase in the size of a heavy mineral
7782mine as defined in s. 378.403(7) will only constitute a
7783substantial deviation if the average annual acreage mined is
7784more than 550 acres and consumes more than 3.3 million gallons
7785of water per day.
7786     3.5.  An increase in land area for office development by 15
778710 percent or an increase of gross floor area of office
7788development by 15 10 percent or 100,000 66,000 gross square
7789feet, whichever is greater.
7790     4.6.  An increase in the number of dwelling units by 10
7791percent or 55 dwelling units, whichever is greater.
7792     5.7.  An increase in the number of dwelling units by 50
7793percent or 200 units, whichever is greater, provided that 15
7794percent of the proposed additional dwelling units are dedicated
7795to affordable workforce housing, subject to a recorded land use
7796restriction that shall be for a period of not less than 20 years
7797and that includes resale provisions to ensure long-term
7798affordability for income-eligible homeowners and renters and
7799provisions for the workforce housing to be commenced prior to
7800the completion of 50 percent of the market rate dwelling. For
7801purposes of this subparagraph, the term "affordable workforce
7802housing" means housing that is affordable to a person who earns
7803less than 120 percent of the area median income, or less than
7804140 percent of the area median income if located in a county in
7805which the median purchase price for a single-family existing
7806home exceeds the statewide median purchase price of a single-
7807family existing home. For purposes of this subparagraph, the
7808term "statewide median purchase price of a single-family
7809existing home" means the statewide purchase price as determined
7810in the Florida Sales Report, Single-Family Existing Homes,
7811released each January by the Florida Association of Realtors and
7812the University of Florida Real Estate Research Center.
7813     6.8.  An increase in commercial development by 60,000
781455,000 square feet of gross floor area or of parking spaces
7815provided for customers for 425 330 cars or a 10-percent increase
7816of either of these, whichever is greater.
7817     9.  An increase in hotel or motel rooms by 10 percent or 83
7818rooms, whichever is greater.
7819     7.10.  An increase in a recreational vehicle park area by
782010 percent or 110 vehicle spaces, whichever is less.
7821     8.11.  A decrease in the area set aside for open space of 5
7822percent or 20 acres, whichever is less.
7823     9.12.  A proposed increase to an approved multiuse
7824development of regional impact where the sum of the increases of
7825each land use as a percentage of the applicable substantial
7826deviation criteria is equal to or exceeds 110 percent. The
7827percentage of any decrease in the amount of open space shall be
7828treated as an increase for purposes of determining when 110
7829percent has been reached or exceeded.
7830     10.13.  A 15-percent increase in the number of external
7831vehicle trips generated by the development above that which was
7832projected during the original development-of-regional-impact
7833review.
7834     11.14.  Any change which would result in development of any
7835area which was specifically set aside in the application for
7836development approval or in the development order for
7837preservation or special protection of endangered or threatened
7838plants or animals designated as endangered, threatened, or
7839species of special concern and their habitat, any species
7840protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
7841archaeological and historical sites designated as significant by
7842the Division of Historical Resources of the Department of State.
7843The refinement of the boundaries and configuration of such areas
7844shall be considered under sub-subparagraph (e)2.j.
7845
7846The substantial deviation numerical standards in subparagraphs
78473., 6., and 5., 8., 9., and 12., excluding residential uses, and
7848in subparagraph 10. 13., are increased by 100 percent for a
7849project certified under s. 403.973 which creates jobs and meets
7850criteria established by the Office of Tourism, Trade, and
7851Economic Development as to its impact on an area's economy,
7852employment, and prevailing wage and skill levels. The
7853substantial deviation numerical standards in subparagraphs 3.,
78544. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50
7855percent for a project located wholly within an urban infill and
7856redevelopment area designated on the applicable adopted local
7857comprehensive plan future land use map and not located within
7858the coastal high hazard area.
7859     (c)  An extension of the date of buildout of a development,
7860or any phase thereof, by more than 7 years is presumed to create
7861a substantial deviation subject to further development-of-
7862regional-impact review.
7863     1.  An extension of the date of buildout, or any phase
7864thereof, of more than 5 years but not more than 7 years is
7865presumed not to create a substantial deviation. The extension of
7866the date of buildout of an areawide development of regional
7867impact by more than 5 years but less than 10 years is presumed
7868not to create a substantial deviation. These presumptions may be
7869rebutted by clear and convincing evidence at the public hearing
7870held by the local government. An extension of 5 years or less is
7871not a substantial deviation.
7872     2.  In recognition of the 2011 real estate market
7873conditions, at the option of the developer, all commencement,
7874phase, buildout, and expiration dates for projects that are
7875currently valid developments of regional impact are extended for
78764 years regardless of any previous extension. Associated
7877mitigation requirements are extended for the same period unless,
7878before December 1, 2011, a governmental entity notifies a
7879developer that has commenced any construction within the phase
7880for which the mitigation is required that the local government
7881has entered into a contract for construction of a facility with
7882funds to be provided from the development's mitigation funds for
7883that phase as specified in the development order or written
7884agreement with the developer. The 4-year extension is not a
7885substantial deviation, is not subject to further development-of-
7886regional-impact review, and may not be considered when
7887determining whether a subsequent extension is a substantial
7888deviation under this subsection. The developer must notify the
7889local government in writing by December 31, 2011, in order to
7890receive the 4-year extension.
7891
7892For the purpose of calculating when a buildout or phase date has
7893been exceeded, the time shall be tolled during the pendency of
7894administrative or judicial proceedings relating to development
7895permits. Any extension of the buildout date of a project or a
7896phase thereof shall automatically extend the commencement date
7897of the project, the termination date of the development order,
7898the expiration date of the development of regional impact, and
7899the phases thereof if applicable by a like period of time. In
7900recognition of the 2007 real estate market conditions, all
7901phase, buildout, and expiration dates for projects that are
7902developments of regional impact and under active construction on
7903July 1, 2007, are extended for 3 years regardless of any prior
7904extension. The 3-year extension is not a substantial deviation,
7905is not subject to further development-of-regional-impact review,
7906and may not be considered when determining whether a subsequent
7907extension is a substantial deviation under this subsection.
7908     (e)1.  Except for a development order rendered pursuant to
7909subsection (22) or subsection (25), a proposed change to a
7910development order that individually or cumulatively with any
7911previous change is less than any numerical criterion contained
7912in subparagraphs (b)1.-10.1.-13. and does not exceed any other
7913criterion, or that involves an extension of the buildout date of
7914a development, or any phase thereof, of less than 5 years is not
7915subject to the public hearing requirements of subparagraph
7916(f)3., and is not subject to a determination pursuant to
7917subparagraph (f)5. Notice of the proposed change shall be made
7918to the regional planning council and the state land planning
7919agency. Such notice shall include a description of previous
7920individual changes made to the development, including changes
7921previously approved by the local government, and shall include
7922appropriate amendments to the development order.
7923     2.  The following changes, individually or cumulatively
7924with any previous changes, are not substantial deviations:
7925     a.  Changes in the name of the project, developer, owner,
7926or monitoring official.
7927     b.  Changes to a setback that do not affect noise buffers,
7928environmental protection or mitigation areas, or archaeological
7929or historical resources.
7930     c.  Changes to minimum lot sizes.
7931     d.  Changes in the configuration of internal roads that do
7932not affect external access points.
7933     e.  Changes to the building design or orientation that stay
7934approximately within the approved area designated for such
7935building and parking lot, and which do not affect historical
7936buildings designated as significant by the Division of
7937Historical Resources of the Department of State.
7938     f.  Changes to increase the acreage in the development,
7939provided that no development is proposed on the acreage to be
7940added.
7941     g.  Changes to eliminate an approved land use, provided
7942that there are no additional regional impacts.
7943     h.  Changes required to conform to permits approved by any
7944federal, state, or regional permitting agency, provided that
7945these changes do not create additional regional impacts.
7946     i.  Any renovation or redevelopment of development within a
7947previously approved development of regional impact which does
7948not change land use or increase density or intensity of use.
7949     j.  Changes that modify boundaries and configuration of
7950areas described in subparagraph (b)11.14. due to science-based
7951refinement of such areas by survey, by habitat evaluation, by
7952other recognized assessment methodology, or by an environmental
7953assessment. In order for changes to qualify under this sub-
7954subparagraph, the survey, habitat evaluation, or assessment must
7955occur prior to the time a conservation easement protecting such
7956lands is recorded and must not result in any net decrease in the
7957total acreage of the lands specifically set aside for permanent
7958preservation in the final development order.
7959     k.  Any other change which the state land planning agency,
7960in consultation with the regional planning council, agrees in
7961writing is similar in nature, impact, or character to the
7962changes enumerated in sub-subparagraphs a.-j. and which does not
7963create the likelihood of any additional regional impact.
7964
7965This subsection does not require the filing of a notice of
7966proposed change but shall require an application to the local
7967government to amend the development order in accordance with the
7968local government's procedures for amendment of a development
7969order. In accordance with the local government's procedures,
7970including requirements for notice to the applicant and the
7971public, the local government shall either deny the application
7972for amendment or adopt an amendment to the development order
7973which approves the application with or without conditions.
7974Following adoption, the local government shall render to the
7975state land planning agency the amendment to the development
7976order. The state land planning agency may appeal, pursuant to s.
7977380.07(3), the amendment to the development order if the
7978amendment involves sub-subparagraph g., sub-subparagraph h.,
7979sub-subparagraph j., or sub-subparagraph k., and it believes the
7980change creates a reasonable likelihood of new or additional
7981regional impacts.
7982     3.  Except for the change authorized by sub-subparagraph
79832.f., any addition of land not previously reviewed or any change
7984not specified in paragraph (b) or paragraph (c) shall be
7985presumed to create a substantial deviation. This presumption may
7986be rebutted by clear and convincing evidence.
7987     4.  Any submittal of a proposed change to a previously
7988approved development shall include a description of individual
7989changes previously made to the development, including changes
7990previously approved by the local government. The local
7991government shall consider the previous and current proposed
7992changes in deciding whether such changes cumulatively constitute
7993a substantial deviation requiring further development-of-
7994regional-impact review.
7995     5.  The following changes to an approved development of
7996regional impact shall be presumed to create a substantial
7997deviation. Such presumption may be rebutted by clear and
7998convincing evidence.
7999     a.  A change proposed for 15 percent or more of the acreage
8000to a land use not previously approved in the development order.
8001Changes of less than 15 percent shall be presumed not to create
8002a substantial deviation.
8003     b.  Notwithstanding any provision of paragraph (b) to the
8004contrary, a proposed change consisting of simultaneous increases
8005and decreases of at least two of the uses within an authorized
8006multiuse development of regional impact which was originally
8007approved with three or more uses specified in s. 380.0651(3)(c),
8008(d), and (e), and (f) and residential use.
8009     6.  If a local government agrees to a proposed change, a
8010change in the transportation proportionate share calculation and
8011mitigation plan in an adopted development order as a result of
8012recalculation of the proportionate share contribution meeting
8013the requirements of s. 163.3180(5)(h) in effect as of the date
8014of such change shall be presumed not to create a substantial
8015deviation. For purposes of this subsection, the proposed change
8016in the proportionate share calculation or mitigation plan shall
8017not be considered an additional regional transportation impact.
8018     (f)1.  The state land planning agency shall establish by
8019rule standard forms for submittal of proposed changes to a
8020previously approved development of regional impact which may
8021require further development-of-regional-impact review. At a
8022minimum, the standard form shall require the developer to
8023provide the precise language that the developer proposes to
8024delete or add as an amendment to the development order.
8025     2.  The developer shall submit, simultaneously, to the
8026local government, the regional planning agency, and the state
8027land planning agency the request for approval of a proposed
8028change.
8029     3.  No sooner than 30 days but no later than 45 days after
8030submittal by the developer to the local government, the state
8031land planning agency, and the appropriate regional planning
8032agency, the local government shall give 15 days' notice and
8033schedule a public hearing to consider the change that the
8034developer asserts does not create a substantial deviation. This
8035public hearing shall be held within 60 days after submittal of
8036the proposed changes, unless that time is extended by the
8037developer.
8038     4.  The appropriate regional planning agency or the state
8039land planning agency shall review the proposed change and, no
8040later than 45 days after submittal by the developer of the
8041proposed change, unless that time is extended by the developer,
8042and prior to the public hearing at which the proposed change is
8043to be considered, shall advise the local government in writing
8044whether it objects to the proposed change, shall specify the
8045reasons for its objection, if any, and shall provide a copy to
8046the developer.
8047     5.  At the public hearing, the local government shall
8048determine whether the proposed change requires further
8049development-of-regional-impact review. The provisions of
8050paragraphs (a) and (e), the thresholds set forth in paragraph
8051(b), and the presumptions set forth in paragraphs (c) and (d)
8052and subparagraph (e)3. shall be applicable in determining
8053whether further development-of-regional-impact review is
8054required. The local government may also deny the proposed change
8055based on matters relating to local issues, such as if the land
8056on which the change is sought is plat restricted in a way that
8057would be incompatible with the proposed change, and the local
8058government does not wish to change the plat restriction as part
8059of the proposed change.
8060     6.  If the local government determines that the proposed
8061change does not require further development-of-regional-impact
8062review and is otherwise approved, or if the proposed change is
8063not subject to a hearing and determination pursuant to
8064subparagraphs 3. and 5. and is otherwise approved, the local
8065government shall issue an amendment to the development order
8066incorporating the approved change and conditions of approval
8067relating to the change. The requirement that a change be
8068otherwise approved shall not be construed to require additional
8069local review or approval if the change is allowed by applicable
8070local ordinances without further local review or approval. The
8071decision of the local government to approve, with or without
8072conditions, or to deny the proposed change that the developer
8073asserts does not require further review shall be subject to the
8074appeal provisions of s. 380.07. However, the state land planning
8075agency may not appeal the local government decision if it did
8076not comply with subparagraph 4. The state land planning agency
8077may not appeal a change to a development order made pursuant to
8078subparagraph (e)1. or subparagraph (e)2. for developments of
8079regional impact approved after January 1, 1980, unless the
8080change would result in a significant impact to a regionally
8081significant archaeological, historical, or natural resource not
8082previously identified in the original development-of-regional-
8083impact review.
8084     (24)  STATUTORY EXEMPTIONS.-
8085     (a)  Any proposed hospital is exempt from the provisions of
8086this section.
8087     (b)  Any proposed electrical transmission line or
8088electrical power plant is exempt from the provisions of this
8089section.
8090     (c)  Any proposed addition to an existing sports facility
8091complex is exempt from the provisions of this section if the
8092addition meets the following characteristics:
8093     1.  It would not operate concurrently with the scheduled
8094hours of operation of the existing facility.
8095     2.  Its seating capacity would be no more than 75 percent
8096of the capacity of the existing facility.
8097     3.  The sports facility complex property is owned by a
8098public body prior to July 1, 1983.
8099
8100This exemption does not apply to any pari-mutuel facility.
8101     (d)  Any proposed addition or cumulative additions
8102subsequent to July 1, 1988, to an existing sports facility
8103complex owned by a state university is exempt if the increased
8104seating capacity of the complex is no more than 30 percent of
8105the capacity of the existing facility.
8106     (e)  Any addition of permanent seats or parking spaces for
8107an existing sports facility located on property owned by a
8108public body prior to July 1, 1973, is exempt from the provisions
8109of this section if future additions do not expand existing
8110permanent seating or parking capacity more than 15 percent
8111annually in excess of the prior year's capacity.
8112     (f)  Any increase in the seating capacity of an existing
8113sports facility having a permanent seating capacity of at least
811450,000 spectators is exempt from the provisions of this section,
8115provided that such an increase does not increase permanent
8116seating capacity by more than 5 percent per year and not to
8117exceed a total of 10 percent in any 5-year period, and provided
8118that the sports facility notifies the appropriate local
8119government within which the facility is located of the increase
8120at least 6 months prior to the initial use of the increased
8121seating, in order to permit the appropriate local government to
8122develop a traffic management plan for the traffic generated by
8123the increase. Any traffic management plan shall be consistent
8124with the local comprehensive plan, the regional policy plan, and
8125the state comprehensive plan.
8126     (g)  Any expansion in the permanent seating capacity or
8127additional improved parking facilities of an existing sports
8128facility is exempt from the provisions of this section, if the
8129following conditions exist:
8130     1.a.  The sports facility had a permanent seating capacity
8131on January 1, 1991, of at least 41,000 spectator seats;
8132     b.  The sum of such expansions in permanent seating
8133capacity does not exceed a total of 10 percent in any 5-year
8134period and does not exceed a cumulative total of 20 percent for
8135any such expansions; or
8136     c.  The increase in additional improved parking facilities
8137is a one-time addition and does not exceed 3,500 parking spaces
8138serving the sports facility; and
8139     2.  The local government having jurisdiction of the sports
8140facility includes in the development order or development permit
8141approving such expansion under this paragraph a finding of fact
8142that the proposed expansion is consistent with the
8143transportation, water, sewer and stormwater drainage provisions
8144of the approved local comprehensive plan and local land
8145development regulations relating to those provisions.
8146
8147Any owner or developer who intends to rely on this statutory
8148exemption shall provide to the department a copy of the local
8149government application for a development permit. Within 45 days
8150of receipt of the application, the department shall render to
8151the local government an advisory and nonbinding opinion, in
8152writing, stating whether, in the department's opinion, the
8153prescribed conditions exist for an exemption under this
8154paragraph. The local government shall render the development
8155order approving each such expansion to the department. The
8156owner, developer, or department may appeal the local government
8157development order pursuant to s. 380.07, within 45 days after
8158the order is rendered. The scope of review shall be limited to
8159the determination of whether the conditions prescribed in this
8160paragraph exist. If any sports facility expansion undergoes
8161development-of-regional-impact review, all previous expansions
8162which were exempt under this paragraph shall be included in the
8163development-of-regional-impact review.
8164     (h)  Expansion to port harbors, spoil disposal sites,
8165navigation channels, turning basins, harbor berths, and other
8166related inwater harbor facilities of ports listed in s.
8167403.021(9)(b), port transportation facilities and projects
8168listed in s. 311.07(3)(b), and intermodal transportation
8169facilities identified pursuant to s. 311.09(3) are exempt from
8170the provisions of this section when such expansions, projects,
8171or facilities are consistent with comprehensive master plans
8172that are in compliance with the provisions of s. 163.3178.
8173     (i)  Any proposed facility for the storage of any petroleum
8174product or any expansion of an existing facility is exempt from
8175the provisions of this section.
8176     (j)  Any renovation or redevelopment within the same land
8177parcel which does not change land use or increase density or
8178intensity of use.
8179     (k)  Waterport and marina development, including dry
8180storage facilities, are exempt from the provisions of this
8181section.
8182     (l)  Any proposed development within an urban service
8183boundary established under s. 163.3177(14), which is not
8184otherwise exempt pursuant to subsection (29), is exempt from the
8185provisions of this section if the local government having
8186jurisdiction over the area where the development is proposed has
8187adopted the urban service boundary, has entered into a binding
8188agreement with jurisdictions that would be impacted and with the
8189Department of Transportation regarding the mitigation of impacts
8190on state and regional transportation facilities, and has adopted
8191a proportionate share methodology pursuant to s. 163.3180(16).
8192     (m)  Any proposed development within a rural land
8193stewardship area created under s. 163.3248 163.3177(11)(d) is
8194exempt from the provisions of this section if the local
8195government that has adopted the rural land stewardship area has
8196entered into a binding agreement with jurisdictions that would
8197be impacted and the Department of Transportation regarding the
8198mitigation of impacts on state and regional transportation
8199facilities, and has adopted a proportionate share methodology
8200pursuant to s. 163.3180(16).
8201     (n)  The establishment, relocation, or expansion of any
8202military installation as defined in s. 163.3175, is exempt from
8203this section.
8204     (o)  Any self-storage warehousing that does not allow
8205retail or other services is exempt from this section.
8206     (p)  Any proposed nursing home or assisted living facility
8207is exempt from this section.
8208     (q)  Any development identified in an airport master plan
8209and adopted into the comprehensive plan pursuant to s.
8210163.3177(6)(k) is exempt from this section.
8211     (r)  Any development identified in a campus master plan and
8212adopted pursuant to s. 1013.30 is exempt from this section.
8213     (s)  Any development in a detailed specific area plan which
8214is prepared and adopted pursuant to s. 163.3245 and adopted into
8215the comprehensive plan is exempt from this section.
8216     (t)  Any proposed solid mineral mine and any proposed
8217addition to, expansion of, or change to an existing solid
8218mineral mine is exempt from this section. A mine owner will
8219enter into a binding agreement with the Department of
8220Transportation to mitigate impacts to strategic intermodal
8221system facilities pursuant to the transportation thresholds in
8222380.06(19) or rule 9J-2.045(6), Florida Administrative Code.
8223Proposed changes to any previously approved solid mineral mine
8224development-of-regional-impact development orders having vested
8225rights is not subject to further review or approval as a
8226development-of-regional-impact or notice-of-proposed-change
8227review or approval pursuant to subsection (19), except for those
8228applications pending as of July 1, 2011, which shall be governed
8229by s. 380.115(2). Notwithstanding the foregoing, however,
8230pursuant to s. 380.115(1), previously approved solid mineral
8231mine development-of-regional-impact development orders shall
8232continue to enjoy vested rights and continue to be effective
8233unless rescinded by the developer. All local government
8234regulations of proposed solid mineral mines shall be applicable
8235to any new solid mineral mine or to any proposed addition to,
8236expansion of, or change to an existing solid mineral mine.
8237     (u)  Notwithstanding any provisions in an agreement with or
8238among a local government, regional agency, or the state land
8239planning agency or in a local government's comprehensive plan to
8240the contrary, a project no longer subject to development-of-
8241regional-impact review under revised thresholds is not required
8242to undergo such review.
8243     (v)(t)  Any development within a county with a research and
8244education authority created by special act and that is also
8245within a research and development park that is operated or
8246managed by a research and development authority pursuant to part
8247V of chapter 159 is exempt from this section.
8248
8249If a use is exempt from review as a development of regional
8250impact under paragraphs (a)-(u) (a)-(s), but will be part of a
8251larger project that is subject to review as a development of
8252regional impact, the impact of the exempt use must be included
8253in the review of the larger project, unless such exempt use
8254involves a development of regional impact that includes a
8255landowner, tenant, or user that has entered into a funding
8256agreement with the Office of Tourism, Trade, and Economic
8257Development under the Innovation Incentive Program and the
8258agreement contemplates a state award of at least $50 million.
8259     (28)  PARTIAL STATUTORY EXEMPTIONS.-
8260     (e)  The vesting provision of s. 163.3167(5)(8) relating to
8261an authorized development of regional impact does shall not
8262apply to those projects partially exempt from the development-
8263of-regional-impact review process under paragraphs (a)-(d).
8264     (29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
8265     (a)  The following are exempt from this section:
8266     1.  Any proposed development in a municipality that has an
8267average of at least 1,000 people per square mile of land area
8268and a minimum total population of at least 5,000 qualifies as a
8269dense urban land area as defined in s. 163.3164;
8270     2.  Any proposed development within a county, including the
8271municipalities located in the county, that has an average of at
8272least 1,000 people per square mile of land area qualifies as a
8273dense urban land area as defined in s. 163.3164 and that is
8274located within an urban service area as defined in s. 163.3164
8275which has been adopted into the comprehensive plan; or
8276     3.  Any proposed development within a county, including the
8277municipalities located therein, which has a population of at
8278least 900,000, that has an average of at least 1,000 people per
8279square mile of land area which qualifies as a dense urban land
8280area under s. 163.3164, but which does not have an urban service
8281area designated in the comprehensive plan; or
8282     4.  Any proposed development within a county, including the
8283municipalities located therein, which has a population of at
8284least 1 million and is located within an urban service area as
8285defined in s. 163.3164 which has been adopted into the
8286comprehensive plan.
8287
8288The Office of Economic and Demographic Research within the
8289Legislature shall annually calculate the population and density
8290criteria needed to determine which jurisdictions meet the
8291density criteria in subparagraphs 1.-4. by using the most recent
8292land area data from the decennial census conducted by the Bureau
8293of the Census of the United States Department of Commerce and
8294the latest available population estimates determined pursuant to
8295s. 186.901. If any local government has had an annexation,
8296contraction, or new incorporation, the Office of Economic and
8297Demographic Research shall determine the population density
8298using the new jurisdictional boundaries as recorded in
8299accordance with s. 171.091. The Office of Economic and
8300Demographic Research shall annually submit to the state land
8301planning agency by July 1 a list of jurisdictions that meet the
8302total population and density criteria. The state land planning
8303agency shall publish the list of jurisdictions on its Internet
8304website within 7 days after the list is received. The
8305designation of jurisdictions that meet the criteria of
8306subparagraphs 1.-4. is effective upon publication on the state
8307land planning agency's Internet website. If a municipality that
8308has previously met the criteria no longer meets the criteria,
8309the state land planning agency shall maintain the municipality
8310on the list and indicate the year the jurisdiction last met the
8311criteria. However, any proposed development of regional impact
8312not within the established boundaries of a municipality at the
8313time the municipality last met the criteria must meet the
8314requirements of this section until such time as the municipality
8315as a whole meets the criteria. Any county that meets the
8316criteria shall remain on the list in accordance with the
8317provisions of this paragraph. Any jurisdiction that was placed
8318on the dense urban land area list before the effective date of
8319this act shall remain on the list in accordance with the
8320provisions of this paragraph.
8321     (d)  A development that is located partially outside an
8322area that is exempt from the development-of-regional-impact
8323program must undergo development-of-regional-impact review
8324pursuant to this section. However, if the total acreage that is
8325included within the area exempt from development-of-regional-
8326impact review exceeds 85 percent of the total acreage and square
8327footage of the approved development of regional impact, the  
8328development-of-regional-impact development order may be
8329rescinded in both local governments pursuant to s. 380.115(1),
8330unless the portion of the development outside the exempt area
8331meets the threshold criteria of a development-of-regional-
8332impact.
8333     (e)  In an area that is exempt under paragraphs (a)-(c),
8334any previously approved development-of-regional-impact
8335development orders shall continue to be effective, but the
8336developer has the option to be governed by s. 380.115(1). A
8337pending application for development approval shall be governed
8338by s. 380.115(2). A development that has a pending application
8339for a comprehensive plan amendment and that elects not to
8340continue development-of-regional-impact review is exempt from
8341the limitation on plan amendments set forth in s. 163.3187(1)
8342for the year following the effective date of the exemption.
8343     Section 55.  Subsection (3) and paragraph (a) of subsection
8344(4) of section 380.0651, Florida Statutes, are amended to read:
8345     380.0651  Statewide guidelines and standards.-
8346     (3)  The following statewide guidelines and standards shall
8347be applied in the manner described in s. 380.06(2) to determine
8348whether the following developments shall be required to undergo
8349development-of-regional-impact review:
8350     (a)  Airports.-
8351     1.  Any of the following airport construction projects
8352shall be a development of regional impact:
8353     a.  A new commercial service or general aviation airport
8354with paved runways.
8355     b.  A new commercial service or general aviation paved
8356runway.
8357     c.  A new passenger terminal facility.
8358     2.  Lengthening of an existing runway by 25 percent or an
8359increase in the number of gates by 25 percent or three gates,
8360whichever is greater, on a commercial service airport or a
8361general aviation airport with regularly scheduled flights is a
8362development of regional impact. However, expansion of existing
8363terminal facilities at a nonhub or small hub commercial service
8364airport shall not be a development of regional impact.
8365     3.  Any airport development project which is proposed for
8366safety, repair, or maintenance reasons alone and would not have
8367the potential to increase or change existing types of aircraft
8368activity is not a development of regional impact.
8369Notwithstanding subparagraphs 1. and 2., renovation,
8370modernization, or replacement of airport airside or terminal
8371facilities that may include increases in square footage of such
8372facilities but does not increase the number of gates or change
8373the existing types of aircraft activity is not a development of
8374regional impact.
8375     (b)  Attractions and recreation facilities.-Any sports,
8376entertainment, amusement, or recreation facility, including, but
8377not limited to, a sports arena, stadium, racetrack, tourist
8378attraction, amusement park, or pari-mutuel facility, the
8379construction or expansion of which:
8380     1.  For single performance facilities:
8381     a.  Provides parking spaces for more than 2,500 cars; or
8382     b.  Provides more than 10,000 permanent seats for
8383spectators.
8384     2.  For serial performance facilities:
8385     a.  Provides parking spaces for more than 1,000 cars; or
8386     b.  Provides more than 4,000 permanent seats for
8387spectators.
8388
8389For purposes of this subsection, "serial performance facilities"
8390means those using their parking areas or permanent seating more
8391than one time per day on a regular or continuous basis.
8392     3.  For multiscreen movie theaters of at least 8 screens
8393and 2,500 seats:
8394     a.  Provides parking spaces for more than 1,500 cars; or
8395     b.  Provides more than 6,000 permanent seats for
8396spectators.
8397     (c)  Industrial plants, industrial parks, and distribution,
8398warehousing or wholesaling facilities.-Any proposed industrial,
8399manufacturing, or processing plant, or distribution,
8400warehousing, or wholesaling facility, excluding wholesaling
8401developments which deal primarily with the general public
8402onsite, under common ownership, or any proposed industrial,
8403manufacturing, or processing activity or distribution,
8404warehousing, or wholesaling activity, excluding wholesaling
8405activities which deal primarily with the general public onsite,
8406which:
8407     1.  Provides parking for more than 2,500 motor vehicles; or
8408     2.  Occupies a site greater than 320 acres.
8409     (c)(d)  Office development.-Any proposed office building or
8410park operated under common ownership, development plan, or
8411management that:
8412     1.  Encompasses 300,000 or more square feet of gross floor
8413area; or
8414     2.  Encompasses more than 600,000 square feet of gross
8415floor area in a county with a population greater than 500,000
8416and only in a geographic area specifically designated as highly
8417suitable for increased threshold intensity in the approved local
8418comprehensive plan.
8419     (d)(e)  Retail and service development.-Any proposed
8420retail, service, or wholesale business establishment or group of
8421establishments which deals primarily with the general public
8422onsite, operated under one common property ownership,
8423development plan, or management that:
8424     1.  Encompasses more than 400,000 square feet of gross
8425area; or
8426     2.  Provides parking spaces for more than 2,500 cars.
8427     (f)  Hotel or motel development.-
8428     1.  Any proposed hotel or motel development that is planned
8429to create or accommodate 350 or more units; or
8430     2.  Any proposed hotel or motel development that is planned
8431to create or accommodate 750 or more units, in a county with a
8432population greater than 500,000.
8433     (e)(g)  Recreational vehicle development.-Any proposed
8434recreational vehicle development planned to create or
8435accommodate 500 or more spaces.
8436     (f)(h)  Multiuse development.-Any proposed development with
8437two or more land uses where the sum of the percentages of the
8438appropriate thresholds identified in chapter 28-24, Florida
8439Administrative Code, or this section for each land use in the
8440development is equal to or greater than 145 percent. Any
8441proposed development with three or more land uses, one of which
8442is residential and contains at least 100 dwelling units or 15
8443percent of the applicable residential threshold, whichever is
8444greater, where the sum of the percentages of the appropriate
8445thresholds identified in chapter 28-24, Florida Administrative
8446Code, or this section for each land use in the development is
8447equal to or greater than 160 percent. This threshold is in
8448addition to, and does not preclude, a development from being
8449required to undergo development-of-regional-impact review under
8450any other threshold.
8451     (g)(i)  Residential development.-No rule may be adopted
8452concerning residential developments which treats a residential
8453development in one county as being located in a less populated
8454adjacent county unless more than 25 percent of the development
8455is located within 2 or less miles of the less populated adjacent
8456county. The residential thresholds of adjacent counties with
8457less population and a lower threshold shall not be controlling
8458on any development wholly located within areas designated as
8459rural areas of critical economic concern.
8460     (h)(j)  Workforce housing.-The applicable guidelines for
8461residential development and the residential component for
8462multiuse development shall be increased by 50 percent where the
8463developer demonstrates that at least 15 percent of the total
8464residential dwelling units authorized within the development of
8465regional impact will be dedicated to affordable workforce
8466housing, subject to a recorded land use restriction that shall
8467be for a period of not less than 20 years and that includes
8468resale provisions to ensure long-term affordability for income-
8469eligible homeowners and renters and provisions for the workforce
8470housing to be commenced prior to the completion of 50 percent of
8471the market rate dwelling. For purposes of this paragraph, the
8472term "affordable workforce housing" means housing that is
8473affordable to a person who earns less than 120 percent of the
8474area median income, or less than 140 percent of the area median
8475income if located in a county in which the median purchase price
8476for a single-family existing home exceeds the statewide median
8477purchase price of a single-family existing home. For the
8478purposes of this paragraph, the term "statewide median purchase
8479price of a single-family existing home" means the statewide
8480purchase price as determined in the Florida Sales Report,
8481Single-Family Existing Homes, released each January by the
8482Florida Association of Realtors and the University of Florida
8483Real Estate Research Center.
8484     (i)(k)  Schools.-
8485     1.  The proposed construction of any public, private, or
8486proprietary postsecondary educational campus which provides for
8487a design population of more than 5,000 full-time equivalent
8488students, or the proposed physical expansion of any public,
8489private, or proprietary postsecondary educational campus having
8490such a design population that would increase the population by
8491at least 20 percent of the design population.
8492     2.  As used in this paragraph, "full-time equivalent
8493student" means enrollment for 15 or more quarter hours during a
8494single academic semester. In career centers or other
8495institutions which do not employ semester hours or quarter hours
8496in accounting for student participation, enrollment for 18
8497contact hours shall be considered equivalent to one quarter
8498hour, and enrollment for 27 contact hours shall be considered
8499equivalent to one semester hour.
8500     3.  This paragraph does not apply to institutions which are
8501the subject of a campus master plan adopted by the university
8502board of trustees pursuant to s. 1013.30.
8503     (4)  Two or more developments, represented by their owners
8504or developers to be separate developments, shall be aggregated
8505and treated as a single development under this chapter when they
8506are determined to be part of a unified plan of development and
8507are physically proximate to one other.
8508     (a)  The criteria of three two of the following
8509subparagraphs must be met in order for the state land planning
8510agency to determine that there is a unified plan of development:
8511     1.a.  The same person has retained or shared control of the
8512developments;
8513     b.  The same person has ownership or a significant legal or
8514equitable interest in the developments; or
8515     c.  There is common management of the developments
8516controlling the form of physical development or disposition of
8517parcels of the development.
8518     2.  There is a reasonable closeness in time between the
8519completion of 80 percent or less of one development and the
8520submission to a governmental agency of a master plan or series
8521of plans or drawings for the other development which is
8522indicative of a common development effort.
8523     3.  A master plan or series of plans or drawings exists
8524covering the developments sought to be aggregated which have
8525been submitted to a local general-purpose government, water
8526management district, the Florida Department of Environmental
8527Protection, or the Division of Florida Condominiums, Timeshares,
8528and Mobile Homes for authorization to commence development. The
8529existence or implementation of a utility's master utility plan
8530required by the Public Service Commission or general-purpose
8531local government or a master drainage plan shall not be the sole
8532determinant of the existence of a master plan.
8533     4.  The voluntary sharing of infrastructure that is
8534indicative of a common development effort or is designated
8535specifically to accommodate the developments sought to be
8536aggregated, except that which was implemented because it was
8537required by a local general-purpose government; water management
8538district; the Department of Environmental Protection; the
8539Division of Florida Condominiums, Timeshares, and Mobile Homes;
8540or the Public Service Commission.
8541     4.5.  There is a common advertising scheme or promotional
8542plan in effect for the developments sought to be aggregated.
8543     Section 56.  Subsection (17) of section 331.303, Florida
8544Statutes, is amended to read:
8545     331.303  Definitions.-
8546     (17)  "Spaceport launch facilities" means industrial
8547facilities as described in s. 380.0651(3)(c), Florida Statutes
85482010, and include any launch pad, launch control center, and
8549fixed launch-support equipment.
8550     Section 57.  Subsection (1) of section 380.115, Florida
8551Statutes, is amended to read:
8552     380.115  Vested rights and duties; effect of size
8553reduction, changes in guidelines and standards.-
8554     (1)  A change in a development-of-regional-impact guideline
8555and standard does not abridge or modify any vested or other
8556right or any duty or obligation pursuant to any development
8557order or agreement that is applicable to a development of
8558regional impact. A development that has received a development-
8559of-regional-impact development order pursuant to s. 380.06, but
8560is no longer required to undergo development-of-regional-impact
8561review by operation of a change in the guidelines and standards
8562or has reduced its size below the thresholds in s. 380.0651, or
8563a development that is exempt pursuant to s. 380.06(29) shall be
8564governed by the following procedures:
8565     (a)  The development shall continue to be governed by the
8566development-of-regional-impact development order and may be
8567completed in reliance upon and pursuant to the development order
8568unless the developer or landowner has followed the procedures
8569for rescission in paragraph (b). Any proposed changes to those
8570developments which continue to be governed by a development
8571order shall be approved pursuant to s. 380.06(19) as it existed
8572prior to a change in the development-of-regional-impact
8573guidelines and standards, except that all percentage criteria
8574shall be doubled and all other criteria shall be increased by 10
8575percent. The development-of-regional-impact development order
8576may be enforced by the local government as provided by ss.
8577380.06(17) and 380.11.
8578     (b)  If requested by the developer or landowner, the
8579development-of-regional-impact development order shall be
8580rescinded by the local government having jurisdiction upon a
8581showing that all required mitigation related to the amount of
8582development that existed on the date of rescission has been
8583completed.
8584     Section 58.  Paragraph (a) of subsection (8) of section
8585380.061, Florida Statutes, is amended to read:
8586     380.061  The Florida Quality Developments program.-
8587     (8)(a)  Any local government comprehensive plan amendments
8588related to a Florida Quality Development may be initiated by a
8589local planning agency and considered by the local governing body
8590at the same time as the application for development approval,
8591using the procedures provided for local plan amendment in s.
8592163.3187 or s. 163.3189 and applicable local ordinances, without
8593regard to statutory or local ordinance limits on the frequency
8594of consideration of amendments to the local comprehensive plan.
8595Nothing in this subsection shall be construed to require
8596favorable consideration of a Florida Quality Development solely
8597because it is related to a development of regional impact.
8598     Section 59.  Paragraph (a) of subsection (2) and subsection
8599(10) of section 380.065, Florida Statutes, are amended to read:
8600     380.065  Certification of local government review of
8601development.-
8602     (2)  When a petition is filed, the state land planning
8603agency shall have no more than 90 days to prepare and submit to
8604the Administration Commission a report and recommendations on
8605the proposed certification. In deciding whether to grant
8606certification, the Administration Commission shall determine
8607whether the following criteria are being met:
8608     (a)  The petitioning local government has adopted and
8609effectively implemented a local comprehensive plan and
8610development regulations which comply with ss. 163.3161-163.3215,
8611the Community Local Government Comprehensive Planning and Land
8612Development Regulation Act.
8613     (10)  The department shall submit an annual progress report
8614to the President of the Senate and the Speaker of the House of
8615Representatives by March 1 on the certification of local
8616governments, stating which local governments have been
8617certified. For those local governments which have applied for
8618certification but for which certification has been denied, the
8619department shall specify the reasons certification was denied.
8620     Section 60.  Section 380.0685, Florida Statutes, is amended
8621to read:
8622     380.0685  State park in area of critical state concern in
8623county which creates land authority; surcharge on admission and
8624overnight occupancy.-The Department of Environmental Protection
8625shall impose and collect a surcharge of 50 cents per person per
8626day, or $5 per annual family auto entrance permit, on admission
8627to all state parks in areas of critical state concern located in
8628a county which creates a land authority pursuant to s.
8629380.0663(1), and a surcharge of $2.50 per night per campsite,
8630cabin, or other overnight recreational occupancy unit in state
8631parks in areas of critical state concern located in a county
8632which creates a land authority pursuant to s. 380.0663(1);
8633however, no surcharge shall be imposed or collected under this
8634section for overnight use by nonprofit groups of organized group
8635camps, primitive camping areas, or other facilities intended
8636primarily for organized group use. Such surcharges shall be
8637imposed within 90 days after any county creating a land
8638authority notifies the Department of Environmental Protection
8639that the land authority has been created. The proceeds from such
8640surcharges, less a collection fee that shall be kept by the
8641Department of Environmental Protection for the actual cost of
8642collection, not to exceed 2 percent, shall be transmitted to the
8643land authority of the county from which the revenue was
8644generated. Such funds shall be used to purchase property in the
8645area or areas of critical state concern in the county from which
8646the revenue was generated. An amount not to exceed 10 percent
8647may be used for administration and other costs incident to such
8648purchases. However, the proceeds of the surcharges imposed and
8649collected pursuant to this section in a state park or parks
8650located wholly within a municipality, less the costs of
8651collection as provided herein, shall be transmitted to that
8652municipality for use by the municipality for land acquisition or
8653for beach renourishment or restoration, including, but not
8654limited to, costs associated with any design, permitting,
8655monitoring, and mitigation of such work, as well as the work
8656itself. However, these funds may not be included in any
8657calculation used for providing state matching funds for local
8658contributions for beach renourishment or restoration. The
8659surcharges levied under this section shall remain imposed as
8660long as the land authority is in existence.
8661     Section 61.  Subsection (3) of section 380.115, Florida
8662Statutes, is amended to read:
8663     380.115  Vested rights and duties; effect of size
8664reduction, changes in guidelines and standards.-
8665     (3)  A landowner that has filed an application for a
8666development-of-regional-impact review prior to the adoption of a
8667an optional sector plan pursuant to s. 163.3245 may elect to
8668have the application reviewed pursuant to s. 380.06,
8669comprehensive plan provisions in force prior to adoption of the
8670sector plan, and any requested comprehensive plan amendments
8671that accompany the application.
8672     Section 62.  Subsection (1) of section 403.50665, Florida
8673Statutes, is amended to read:
8674     403.50665  Land use consistency.-
8675     (1)  The applicant shall include in the application a
8676statement on the consistency of the site and any associated
8677facilities that constitute a "development," as defined in s.
8678380.04, with existing land use plans and zoning ordinances that
8679were in effect on the date the application was filed and a full
8680description of such consistency. This information shall include
8681an identification of those associated facilities that the
8682applicant believes are exempt from the requirements of land use
8683plans and zoning ordinances under the provisions of the
8684Community Local Government Comprehensive Planning and Land
8685Development Regulation Act provisions of chapter 163 and s.
8686380.04(3).
8687     Section 63.  Subsection (13) and paragraph (a) of
8688subsection (14) of section 403.973, Florida Statutes, are
8689amended to read:
8690     403.973  Expedited permitting; amendments to comprehensive
8691plans.-
8692     (13)  Notwithstanding any other provisions of law:
8693     (a)  Local comprehensive plan amendments for projects
8694qualified under this section are exempt from the twice-a-year
8695limits provision in s. 163.3187; and
8696     (b)  Projects qualified under this section are not subject
8697to interstate highway level-of-service standards adopted by the
8698Department of Transportation for concurrency purposes. The
8699memorandum of agreement specified in subsection (5) must include
8700a process by which the applicant will be assessed a fair share
8701of the cost of mitigating the project's significant traffic
8702impacts, as defined in chapter 380 and related rules. The
8703agreement must also specify whether the significant traffic
8704impacts on the interstate system will be mitigated through the
8705implementation of a project or payment of funds to the
8706Department of Transportation. Where funds are paid, the
8707Department of Transportation must include in the 5-year work
8708program transportation projects or project phases, in an amount
8709equal to the funds received, to mitigate the traffic impacts
8710associated with the proposed project.
8711     (14)(a)  Challenges to state agency action in the expedited
8712permitting process for projects processed under this section are
8713subject to the summary hearing provisions of s. 120.574, except
8714that the administrative law judge's decision, as provided in s.
8715120.574(2)(f), shall be in the form of a recommended order and
8716do shall not constitute the final action of the state agency. In
8717those proceedings where the action of only one agency of the
8718state other than the Department of Environmental Protection is
8719challenged, the agency of the state shall issue the final order
8720within 45 working days after receipt of the administrative law
8721judge's recommended order, and the recommended order shall
8722inform the parties of their right to file exceptions or
8723responses to the recommended order in accordance with the
8724uniform rules of procedure pursuant to s. 120.54. In those
8725proceedings where the actions of more than one agency of the
8726state are challenged, the Governor shall issue the final order
8727within 45 working days after receipt of the administrative law
8728judge's recommended order, and the recommended order shall
8729inform the parties of their right to file exceptions or
8730responses to the recommended order in accordance with the
8731uniform rules of procedure pursuant to s. 120.54. This paragraph
8732does not apply to the issuance of department licenses required
8733under any federally delegated or approved permit program. In
8734such instances, the department shall enter the final order. The
8735participating agencies of the state may opt at the preliminary
8736hearing conference to allow the administrative law judge's
8737decision to constitute the final agency action. If a
8738participating local government agrees to participate in the
8739summary hearing provisions of s. 120.574 for purposes of review
8740of local government comprehensive plan amendments, s.
8741163.3184(9) and (10) apply.
8742     Section 64.  Subsections (9) and (10) of section 420.5095,
8743Florida Statutes, are amended to read:
8744     420.5095  Community Workforce Housing Innovation Pilot
8745Program.-
8746     (9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
8747local government comprehensive plan amendment to implement a
8748Community Workforce Housing Innovation Pilot Program project
8749found consistent with the provisions of this section shall be
8750expedited as provided in this subsection. At least 30 days prior
8751to adopting a plan amendment under this subsection, the local
8752government shall notify the state land planning agency of its
8753intent to adopt such an amendment, and the notice shall include
8754its evaluation related to site suitability and availability of
8755facilities and services. The public notice of the hearing
8756required by s. 163.3184(11)(15)(b)2. shall include a statement
8757that the local government intends to use the expedited adoption
8758process authorized by this subsection. Such amendments shall
8759require only a single public hearing before the governing board,
8760which shall be an adoption hearing as described in s.
8761163.3184(4)(e)(7). The state land planning agency shall issue
8762its notice of intent pursuant to s. 163.3184(8) within 30 days
8763after determining that the amendment package is complete. Any
8764further proceedings shall be governed by s. ss. 163.3184(5)-
8765(13)(9)-(16). Amendments proposed under this section are not
8766subject to s. 163.3187(1), which limits the adoption of a
8767comprehensive plan amendment to no more than two times during
8768any calendar year.
8769     (10)  The processing of approvals of development orders or
8770development permits, as defined in s. 163.3164(7) and (8), for
8771innovative community workforce housing projects shall be
8772expedited.
8773     Section 65.  Subsection (5) of section 420.615, Florida
8774Statutes, is amended to read:
8775     420.615  Affordable housing land donation density bonus
8776incentives.-
8777     (5)  The local government, as part of the approval process,
8778shall adopt a comprehensive plan amendment, pursuant to part II
8779of chapter 163, for the receiving land that incorporates the
8780density bonus. Such amendment shall be adopted in the manner as
8781required for small-scale amendments pursuant to s. 163.3187, is
8782not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8783and is exempt from the limitation on the frequency of plan
8784amendments as provided in s. 163.3187.
8785     Section 66.  Subsection (16) of section 420.9071, Florida
8786Statutes, is amended to read:
8787     420.9071  Definitions.-As used in ss. 420.907-420.9079, the
8788term:
8789     (16)  "Local housing incentive strategies" means local
8790regulatory reform or incentive programs to encourage or
8791facilitate affordable housing production, which include at a
8792minimum, assurance that permits as defined in s. 163.3164(7) and
8793(8) for affordable housing projects are expedited to a greater
8794degree than other projects; an ongoing process for review of
8795local policies, ordinances, regulations, and plan provisions
8796that increase the cost of housing prior to their adoption; and a
8797schedule for implementing the incentive strategies. Local
8798housing incentive strategies may also include other regulatory
8799reforms, such as those enumerated in s. 420.9076 or those
8800recommended by the affordable housing advisory committee in its
8801triennial evaluation of the implementation of affordable housing
8802incentives, and adopted by the local governing body.
8803     Section 67.  Paragraph (a) of subsection (4) of section
8804420.9076, Florida Statutes, is amended to read:
8805     420.9076  Adoption of affordable housing incentive
8806strategies; committees.-
8807     (4)  Triennially, the advisory committee shall review the
8808established policies and procedures, ordinances, land
8809development regulations, and adopted local government
8810comprehensive plan of the appointing local government and shall
8811recommend specific actions or initiatives to encourage or
8812facilitate affordable housing while protecting the ability of
8813the property to appreciate in value. The recommendations may
8814include the modification or repeal of existing policies,
8815procedures, ordinances, regulations, or plan provisions; the
8816creation of exceptions applicable to affordable housing; or the
8817adoption of new policies, procedures, regulations, ordinances,
8818or plan provisions, including recommendations to amend the local
8819government comprehensive plan and corresponding regulations,
8820ordinances, and other policies. At a minimum, each advisory
8821committee shall submit a report to the local governing body that
8822includes recommendations on, and triennially thereafter
8823evaluates the implementation of, affordable housing incentives
8824in the following areas:
8825     (a)  The processing of approvals of development orders or
8826permits, as defined in s. 163.3164(7) and (8), for affordable
8827housing projects is expedited to a greater degree than other
8828projects.
8829
8830The advisory committee recommendations may also include other
8831affordable housing incentives identified by the advisory
8832committee. Local governments that receive the minimum allocation
8833under the State Housing Initiatives Partnership Program shall
8834perform the initial review but may elect to not perform the
8835triennial review.
8836     Section 68.  Subsection (1) of section 720.403, Florida
8837Statutes, is amended to read:
8838     720.403  Preservation of residential communities; revival
8839of declaration of covenants.-
8840     (1)  Consistent with required and optional elements of
8841local comprehensive plans and other applicable provisions of the
8842Community Local Government Comprehensive Planning and Land
8843Development Regulation Act, homeowners are encouraged to
8844preserve existing residential communities, promote available and
8845affordable housing, protect structural and aesthetic elements of
8846their residential community, and, as applicable, maintain roads
8847and streets, easements, water and sewer systems, utilities,
8848drainage improvements, conservation and open areas, recreational
8849amenities, and other infrastructure and common areas that serve
8850and support the residential community by the revival of a
8851previous declaration of covenants and other governing documents
8852that may have ceased to govern some or all parcels in the
8853community.
8854     Section 69.  Subsection (6) of section 1013.30, Florida
8855Statutes, is amended to read:
8856     1013.30  University campus master plans and campus
8857development agreements.-
8858     (6)  Before a campus master plan is adopted, a copy of the
8859draft master plan must be sent for review or made available
8860electronically to the host and any affected local governments,
8861the state land planning agency, the Department of Environmental
8862Protection, the Department of Transportation, the Department of
8863State, the Fish and Wildlife Conservation Commission, and the
8864applicable water management district and regional planning
8865council. At the request of a governmental entity, a hard copy of
8866the draft master plan shall be submitted within 7 business days
8867of an electronic copy being made available. These agencies must
8868be given 90 days after receipt of the campus master plans in
8869which to conduct their review and provide comments to the
8870university board of trustees. The commencement of this review
8871period must be advertised in newspapers of general circulation
8872within the host local government and any affected local
8873government to allow for public comment. Following receipt and
8874consideration of all comments and the holding of an informal
8875information session and at least two public hearings within the
8876host jurisdiction, the university board of trustees shall adopt
8877the campus master plan. It is the intent of the Legislature that
8878the university board of trustees comply with the notice
8879requirements set forth in s. 163.3184(11)(15) to ensure full
8880public participation in this planning process. The informal
8881public information session must be held before the first public
8882hearing. The first public hearing shall be held before the draft
8883master plan is sent to the agencies specified in this
8884subsection. The second public hearing shall be held in
8885conjunction with the adoption of the draft master plan by the
8886university board of trustees. Campus master plans developed
8887under this section are not rules and are not subject to chapter
8888120 except as otherwise provided in this section.
8889     Section 70.  Section 1013.33, Florida Statutes, is amended
8890to read:
8891     1013.33  Coordination of planning with local governing
8892bodies.-
8893     (1)  It is the policy of this state to require the
8894coordination of planning between boards and local governing
8895bodies to ensure that plans for the construction and opening of
8896public educational facilities are facilitated and coordinated in
8897time and place with plans for residential development,
8898concurrently with other necessary services. Such planning shall
8899include the integration of the educational facilities plan and
8900applicable policies and procedures of a board with the local
8901comprehensive plan and land development regulations of local
8902governments. The planning must include the consideration of
8903allowing students to attend the school located nearest their
8904homes when a new housing development is constructed near a
8905county boundary and it is more feasible to transport the
8906students a short distance to an existing facility in an adjacent
8907county than to construct a new facility or transport students
8908longer distances in their county of residence. The planning must
8909also consider the effects of the location of public education
8910facilities, including the feasibility of keeping central city
8911facilities viable, in order to encourage central city
8912redevelopment and the efficient use of infrastructure and to
8913discourage uncontrolled urban sprawl. In addition, all parties
8914to the planning process must consult with state and local road
8915departments to assist in implementing the Safe Paths to Schools
8916program administered by the Department of Transportation.
8917     (2)(a)  The school board, county, and nonexempt
8918municipalities located within the geographic area of a school
8919district shall enter into an interlocal agreement that jointly
8920establishes the specific ways in which the plans and processes
8921of the district school board and the local governments are to be
8922coordinated. The interlocal agreements shall be submitted to the
8923state land planning agency and the Office of Educational
8924Facilities in accordance with a schedule published by the state
8925land planning agency.
8926     (b)  The schedule must establish staggered due dates for
8927submission of interlocal agreements that are executed by both
8928the local government and district school board, commencing on
8929March 1, 2003, and concluding by December 1, 2004, and must set
8930the same date for all governmental entities within a school
8931district. However, if the county where the school district is
8932located contains more than 20 municipalities, the state land
8933planning agency may establish staggered due dates for the
8934submission of interlocal agreements by these municipalities. The
8935schedule must begin with those areas where both the number of
8936districtwide capital-outlay full-time-equivalent students equals
893780 percent or more of the current year's school capacity and the
8938projected 5-year student growth rate is 1,000 or greater, or
8939where the projected 5-year student growth rate is 10 percent or
8940greater.
8941     (c)  If the student population has declined over the 5-year
8942period preceding the due date for submittal of an interlocal
8943agreement by the local government and the district school board,
8944the local government and district school board may petition the
8945state land planning agency for a waiver of one or more of the
8946requirements of subsection (3). The waiver must be granted if
8947the procedures called for in subsection (3) are unnecessary
8948because of the school district's declining school age
8949population, considering the district's 5-year work program
8950prepared pursuant to s. 1013.35. The state land planning agency
8951may modify or revoke the waiver upon a finding that the
8952conditions upon which the waiver was granted no longer exist.
8953The district school board and local governments must submit an
8954interlocal agreement within 1 year after notification by the
8955state land planning agency that the conditions for a waiver no
8956longer exist.
8957     (d)  Interlocal agreements between local governments and
8958district school boards adopted pursuant to s. 163.3177 before
8959the effective date of subsections (2)-(7) (2)-(9) must be
8960updated and executed pursuant to the requirements of subsections
8961(2)-(7) (2)-(9), if necessary. Amendments to interlocal
8962agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
8963be submitted to the state land planning agency within 30 days
8964after execution by the parties for review consistent with
8965subsections (3) and (4). Local governments and the district
8966school board in each school district are encouraged to adopt a
8967single interlocal agreement in which all join as parties. The
8968state land planning agency shall assemble and make available
8969model interlocal agreements meeting the requirements of
8970subsections (2)-(7) (2)-(9) and shall notify local governments
8971and, jointly with the Department of Education, the district
8972school boards of the requirements of subsections (2)-(7) (2)-
8973(9), the dates for compliance, and the sanctions for
8974noncompliance. The state land planning agency shall be available
8975to informally review proposed interlocal agreements. If the
8976state land planning agency has not received a proposed
8977interlocal agreement for informal review, the state land
8978planning agency shall, at least 60 days before the deadline for
8979submission of the executed agreement, renotify the local
8980government and the district school board of the upcoming
8981deadline and the potential for sanctions.
8982     (3)  At a minimum, the interlocal agreement must address
8983interlocal agreement requirements in s. 163.31777 and, if
8984applicable, s. 163.3180(6)(13)(g), except for exempt local
8985governments as provided in s. 163.3177(12), and must address the
8986following issues:
8987     (a)  A process by which each local government and the
8988district school board agree and base their plans on consistent
8989projections of the amount, type, and distribution of population
8990growth and student enrollment. The geographic distribution of
8991jurisdiction-wide growth forecasts is a major objective of the
8992process.
8993     (b)  A process to coordinate and share information relating
8994to existing and planned public school facilities, including
8995school renovations and closures, and local government plans for
8996development and redevelopment.
8997     (c)  Participation by affected local governments with the
8998district school board in the process of evaluating potential
8999school closures, significant renovations to existing schools,
9000and new school site selection before land acquisition. Local
9001governments shall advise the district school board as to the
9002consistency of the proposed closure, renovation, or new site
9003with the local comprehensive plan, including appropriate
9004circumstances and criteria under which a district school board
9005may request an amendment to the comprehensive plan for school
9006siting.
9007     (d)  A process for determining the need for and timing of
9008onsite and offsite improvements to support new construction,
9009proposed expansion, or redevelopment of existing schools. The
9010process shall address identification of the party or parties
9011responsible for the improvements.
9012     (e)  A process for the school board to inform the local
9013government regarding the effect of comprehensive plan amendments
9014on school capacity. The capacity reporting must be consistent
9015with laws and rules regarding measurement of school facility
9016capacity and must also identify how the district school board
9017will meet the public school demand based on the facilities work
9018program adopted pursuant to s. 1013.35.
9019     (f)  Participation of the local governments in the
9020preparation of the annual update to the school board's 5-year
9021district facilities work program and educational plant survey
9022prepared pursuant to s. 1013.35.
9023     (g)  A process for determining where and how joint use of
9024either school board or local government facilities can be shared
9025for mutual benefit and efficiency.
9026     (h)  A procedure for the resolution of disputes between the
9027district school board and local governments, which may include
9028the dispute resolution processes contained in chapters 164 and
9029186.
9030     (i)  An oversight process, including an opportunity for
9031public participation, for the implementation of the interlocal
9032agreement.
9033     (4)(a)  The Office of Educational Facilities shall submit
9034any comments or concerns regarding the executed interlocal
9035agreement to the state land planning agency within 30 days after
9036receipt of the executed interlocal agreement. The state land
9037planning agency shall review the executed interlocal agreement
9038to determine whether it is consistent with the requirements of
9039subsection (3), the adopted local government comprehensive plan,
9040and other requirements of law. Within 60 days after receipt of
9041an executed interlocal agreement, the state land planning agency
9042shall publish a notice of intent in the Florida Administrative
9043Weekly and shall post a copy of the notice on the agency's
9044Internet site. The notice of intent must state that the
9045interlocal agreement is consistent or inconsistent with the
9046requirements of subsection (3) and this subsection as
9047appropriate.
9048     (b)  The state land planning agency's notice is subject to
9049challenge under chapter 120; however, an affected person, as
9050defined in s. 163.3184(1)(a), has standing to initiate the
9051administrative proceeding, and this proceeding is the sole means
9052available to challenge the consistency of an interlocal
9053agreement required by this section with the criteria contained
9054in subsection (3) and this subsection. In order to have
9055standing, each person must have submitted oral or written
9056comments, recommendations, or objections to the local government
9057or the school board before the adoption of the interlocal
9058agreement by the district school board and local government. The
9059district school board and local governments are parties to any
9060such proceeding. In this proceeding, when the state land
9061planning agency finds the interlocal agreement to be consistent
9062with the criteria in subsection (3) and this subsection, the
9063interlocal agreement must be determined to be consistent with
9064subsection (3) and this subsection if the local government's and
9065school board's determination of consistency is fairly debatable.
9066When the state land planning agency finds the interlocal
9067agreement to be inconsistent with the requirements of subsection
9068(3) and this subsection, the local government's and school
9069board's determination of consistency shall be sustained unless
9070it is shown by a preponderance of the evidence that the
9071interlocal agreement is inconsistent.
9072     (c)  If the state land planning agency enters a final order
9073that finds that the interlocal agreement is inconsistent with
9074the requirements of subsection (3) or this subsection, the state
9075land planning agency shall forward it to the Administration
9076Commission, which may impose sanctions against the local
9077government pursuant to s. 163.3184(11) and may impose sanctions
9078against the district school board by directing the Department of
9079Education to withhold an equivalent amount of funds for school
9080construction available pursuant to ss. 1013.65, 1013.68,
90811013.70, and 1013.72.
9082     (5)  If an executed interlocal agreement is not timely
9083submitted to the state land planning agency for review, the
9084state land planning agency shall, within 15 working days after
9085the deadline for submittal, issue to the local government and
9086the district school board a notice to show cause why sanctions
9087should not be imposed for failure to submit an executed
9088interlocal agreement by the deadline established by the agency.
9089The agency shall forward the notice and the responses to the
9090Administration Commission, which may enter a final order citing
9091the failure to comply and imposing sanctions against the local
9092government and district school board by directing the
9093appropriate agencies to withhold at least 5 percent of state
9094funds pursuant to s. 163.3184(11) and by directing the
9095Department of Education to withhold from the district school
9096board at least 5 percent of funds for school construction
9097available pursuant to ss. 1013.65, 1013.68, 1013.70, and
90981013.72.
9099     (6)  Any local government transmitting a public school
9100element to implement school concurrency pursuant to the
9101requirements of s. 163.3180 before the effective date of this
9102section is not required to amend the element or any interlocal
9103agreement to conform with the provisions of subsections (2)-(6)
9104(2)-(8) if the element is adopted prior to or within 1 year
9105after the effective date of subsections (2)-(6) (2)-(8) and
9106remains in effect.
9107     (7)  Except as provided in subsection (8), municipalities
9108meeting the exemption criteria in s. 163.3177(12) are exempt
9109from the requirements of subsections (2), (3), and (4).
9110     (8)  At the time of the evaluation and appraisal report,
9111each exempt municipality shall assess the extent to which it
9112continues to meet the criteria for exemption under s.
9113163.3177(12). If the municipality continues to meet these
9114criteria, the municipality shall continue to be exempt from the
9115interlocal agreement requirement. Each municipality exempt under
9116s. 163.3177(12) must comply with the provisions of subsections
9117(2)-(8) within 1 year after the district school board proposes,
9118in its 5-year district facilities work program, a new school
9119within the municipality's jurisdiction.
9120     (7)(9)  A board and the local governing body must share and
9121coordinate information related to existing and planned school
9122facilities; proposals for development, redevelopment, or
9123additional development; and infrastructure required to support
9124the school facilities, concurrent with proposed development. A
9125school board shall use information produced by the demographic,
9126revenue, and education estimating conferences pursuant to s.
9127216.136 when preparing the district educational facilities plan
9128pursuant to s. 1013.35, as modified and agreed to by the local
9129governments, when provided by interlocal agreement, and the
9130Office of Educational Facilities, in consideration of local
9131governments' population projections, to ensure that the district
9132educational facilities plan not only reflects enrollment
9133projections but also considers applicable municipal and county
9134growth and development projections. The projections must be
9135apportioned geographically with assistance from the local
9136governments using local government trend data and the school
9137district student enrollment data. A school board is precluded
9138from siting a new school in a jurisdiction where the school
9139board has failed to provide the annual educational facilities
9140plan for the prior year required pursuant to s. 1013.35 unless
9141the failure is corrected.
9142     (8)(10)  The location of educational facilities shall be
9143consistent with the comprehensive plan of the appropriate local
9144governing body developed under part II of chapter 163 and
9145consistent with the plan's implementing land development
9146regulations.
9147     (9)(11)  To improve coordination relative to potential
9148educational facility sites, a board shall provide written notice
9149to the local government that has regulatory authority over the
9150use of the land consistent with an interlocal agreement entered
9151pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
9152to acquiring or leasing property that may be used for a new
9153public educational facility. The local government, upon receipt
9154of this notice, shall notify the board within 45 days if the
9155site proposed for acquisition or lease is consistent with the
9156land use categories and policies of the local government's
9157comprehensive plan. This preliminary notice does not constitute
9158the local government's determination of consistency pursuant to
9159subsection (10) (12).
9160     (10)(12)  As early in the design phase as feasible and
9161consistent with an interlocal agreement entered pursuant to
9162subsections (2)-(6) (2)-(8), but no later than 90 days before
9163commencing construction, the district school board shall in
9164writing request a determination of consistency with the local
9165government's comprehensive plan. The local governing body that
9166regulates the use of land shall determine, in writing within 45
9167days after receiving the necessary information and a school
9168board's request for a determination, whether a proposed
9169educational facility is consistent with the local comprehensive
9170plan and consistent with local land development regulations. If
9171the determination is affirmative, school construction may
9172commence and further local government approvals are not
9173required, except as provided in this section. Failure of the
9174local governing body to make a determination in writing within
917590 days after a district school board's request for a
9176determination of consistency shall be considered an approval of
9177the district school board's application. Campus master plans and
9178development agreements must comply with the provisions of ss.
91791013.30 and 1013.63.
9180     (11)(13)  A local governing body may not deny the site
9181applicant based on adequacy of the site plan as it relates
9182solely to the needs of the school. If the site is consistent
9183with the comprehensive plan's land use policies and categories
9184in which public schools are identified as allowable uses, the
9185local government may not deny the application but it may impose
9186reasonable development standards and conditions in accordance
9187with s. 1013.51(1) and consider the site plan and its adequacy
9188as it relates to environmental concerns, health, safety and
9189welfare, and effects on adjacent property. Standards and
9190conditions may not be imposed which conflict with those
9191established in this chapter or the Florida Building Code, unless
9192mutually agreed and consistent with the interlocal agreement
9193required by subsections (2)-(6) (2)-(8).
9194     (12)(14)  This section does not prohibit a local governing
9195body and district school board from agreeing and establishing an
9196alternative process for reviewing a proposed educational
9197facility and site plan, and offsite impacts, pursuant to an
9198interlocal agreement adopted in accordance with subsections (2)-
9199(6) (2)-(8).
9200     (13)(15)  Existing schools shall be considered consistent
9201with the applicable local government comprehensive plan adopted
9202under part II of chapter 163. If a board submits an application
9203to expand an existing school site, the local governing body may
9204impose reasonable development standards and conditions on the
9205expansion only, and in a manner consistent with s. 1013.51(1).
9206Standards and conditions may not be imposed which conflict with
9207those established in this chapter or the Florida Building Code,
9208unless mutually agreed. Local government review or approval is
9209not required for:
9210     (a)  The placement of temporary or portable classroom
9211facilities; or
9212     (b)  Proposed renovation or construction on existing school
9213sites, with the exception of construction that changes the
9214primary use of a facility, includes stadiums, or results in a
9215greater than 5 percent increase in student capacity, or as
9216mutually agreed upon, pursuant to an interlocal agreement
9217adopted in accordance with subsections (2)-(6)(8).
9218     Section 71.  Paragraph (b) of subsection (2) of section
92191013.35, Florida Statutes, is amended to read:
9220     1013.35  School district educational facilities plan;
9221definitions; preparation, adoption, and amendment; long-term
9222work programs.-
9223     (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
9224FACILITIES PLAN.-
9225     (b)  The plan must also include a financially feasible
9226district facilities work program for a 5-year period. The work
9227program must include:
9228     1.  A schedule of major repair and renovation projects
9229necessary to maintain the educational facilities and ancillary
9230facilities of the district.
9231     2.  A schedule of capital outlay projects necessary to
9232ensure the availability of satisfactory student stations for the
9233projected student enrollment in K-12 programs. This schedule
9234shall consider:
9235     a.  The locations, capacities, and planned utilization
9236rates of current educational facilities of the district. The
9237capacity of existing satisfactory facilities, as reported in the
9238Florida Inventory of School Houses must be compared to the
9239capital outlay full-time-equivalent student enrollment as
9240determined by the department, including all enrollment used in
9241the calculation of the distribution formula in s. 1013.64.
9242     b.  The proposed locations of planned facilities, whether
9243those locations are consistent with the comprehensive plans of
9244all affected local governments, and recommendations for
9245infrastructure and other improvements to land adjacent to
9246existing facilities. The provisions of ss. 1013.33(10), (11),
9247and (12), (13), and (14) and 1013.36 must be addressed for new
9248facilities planned within the first 3 years of the work plan, as
9249appropriate.
9250     c.  Plans for the use and location of relocatable
9251facilities, leased facilities, and charter school facilities.
9252     d.  Plans for multitrack scheduling, grade level
9253organization, block scheduling, or other alternatives that
9254reduce the need for additional permanent student stations.
9255     e.  Information concerning average class size and
9256utilization rate by grade level within the district which will
9257result if the tentative district facilities work program is
9258fully implemented.
9259     f.  The number and percentage of district students planned
9260to be educated in relocatable facilities during each year of the
9261tentative district facilities work program. For determining
9262future needs, student capacity may not be assigned to any
9263relocatable classroom that is scheduled for elimination or
9264replacement with a permanent educational facility in the current
9265year of the adopted district educational facilities plan and in
9266the district facilities work program adopted under this section.
9267Those relocatable classrooms clearly identified and scheduled
9268for replacement in a school-board-adopted, financially feasible,
92695-year district facilities work program shall be counted at zero
9270capacity at the time the work program is adopted and approved by
9271the school board. However, if the district facilities work
9272program is changed and the relocatable classrooms are not
9273replaced as scheduled in the work program, the classrooms must
9274be reentered into the system and be counted at actual capacity.
9275Relocatable classrooms may not be perpetually added to the work
9276program or continually extended for purposes of circumventing
9277this section. All relocatable classrooms not identified and
9278scheduled for replacement, including those owned, lease-
9279purchased, or leased by the school district, must be counted at
9280actual student capacity. The district educational facilities
9281plan must identify the number of relocatable student stations
9282scheduled for replacement during the 5-year survey period and
9283the total dollar amount needed for that replacement.
9284     g.  Plans for the closure of any school, including plans
9285for disposition of the facility or usage of facility space, and
9286anticipated revenues.
9287     h.  Projects for which capital outlay and debt service
9288funds accruing under s. 9(d), Art. XII of the State Constitution
9289are to be used shall be identified separately in priority order
9290on a project priority list within the district facilities work
9291program.
9292     3.  The projected cost for each project identified in the
9293district facilities work program. For proposed projects for new
9294student stations, a schedule shall be prepared comparing the
9295planned cost and square footage for each new student station, by
9296elementary, middle, and high school levels, to the low, average,
9297and high cost of facilities constructed throughout the state
9298during the most recent fiscal year for which data is available
9299from the Department of Education.
9300     4.  A schedule of estimated capital outlay revenues from
9301each currently approved source which is estimated to be
9302available for expenditure on the projects included in the
9303district facilities work program.
9304     5.  A schedule indicating which projects included in the
9305district facilities work program will be funded from current
9306revenues projected in subparagraph 4.
9307     6.  A schedule of options for the generation of additional
9308revenues by the district for expenditure on projects identified
9309in the district facilities work program which are not funded
9310under subparagraph 5. Additional anticipated revenues may
9311include effort index grants, SIT Program awards, and Classrooms
9312First funds.
9313     Section 72.  Rules 9J-5 and 9J-11.023, Florida
9314Administrative Code, are repealed, and the Department of State
9315is directed to remove those rules from the Florida
9316Administrative Code.
9317     Section 73.  (1)  Any permit or any other authorization
9318that was extended under section 14 of chapter 2009-96, Laws of
9319Florida, as reauthorized by section 47 of chapter 2010-147, Laws
9320of Florida, is extended and renewed for an additional period of
93212 years after its previously scheduled expiration date. This
9322extension is in addition to the 2-year permit extension provided
9323under section 14 of chapter 2009-96, Laws of Florida, as
9324reauthorized by section 47 of chapter 2010-147, Laws of Florida.
9325This section does not prohibit conversion from the construction
9326phase to the operation phase upon completion of construction.
9327Permits that were extended by a total of 4 years pursuant to
9328section 14 of chapter 2009-96, Laws of Florida, as reauthorized
9329by section 47 of chapter 2010-147, Laws of Florida, and by
9330section 46 of chapter 2010-147, Laws of Florida, cannot be
9331further extended under this provision.
9332     (2)  The commencement and completion dates for any required
9333mitigation associated with a phased construction project shall
9334be extended such that mitigation takes place in the same
9335timeframe relative to the phase as originally permitted.
9336     (3)  The holder of a valid permit or other authorization
9337that is eligible for the 2-year extension shall notify the
9338authorizing agency in writing by December 31, 2011, identifying
9339the specific authorization for which the holder intends to use
9340the extension and the anticipated timeframe for acting on the
9341authorization.
9342     (4)  The extension provided for in subsection (1) does not
9343apply to:
9344     (a)  A permit or other authorization under any programmatic
9345or regional general permit issued by the Army Corps of
9346Engineers.
9347     (b)  A permit or other authorization held by an owner or
9348operator determined to be in significant noncompliance with the
9349conditions of the permit or authorization as established through
9350the issuance of a warning letter or notice of violation, the
9351initiation of formal enforcement, or other equivalent action by
9352the authorizing agency.
9353     (c)  A permit or other authorization, if granted an
9354extension, that would delay or prevent compliance with a court
9355order.
9356     (5)  Permits extended under this section shall continue to
9357be governed by rules in effect at the time the permit was
9358issued, except if it is demonstrated that the rules in effect at
9359the time the permit was issued would create an immediate threat
9360to public safety or health. This subsection applies to any
9361modification of the plans, terms, and conditions of the permit
9362that lessens the environmental impact, except that any such
9363modification may not extend the time limit beyond 2 additional
9364years.
9365     (6)  This section does not impair the authority of a county
9366or municipality to require the owner of a property that has
9367notified the county or municipality of the owner's intention to
9368receive the extension of time granted pursuant to this section
9369to maintain and secure the property in a safe and sanitary
9370condition in compliance with applicable laws and ordinances.
9371     Section 74.  (1)  The state land planning agency, within 60
9372days after the effective date of this act, shall review any
9373administrative or judicial proceeding filed by the agency and
9374pending on the effective date of this act to determine whether
9375the issues raised by the state land planning agency are
9376consistent with the revised provisions of part II of chapter
9377163, Florida Statutes. For each proceeding, if the agency
9378determines that issues have been raised that are not consistent
9379with the revised provisions of part II of chapter 163, Florida
9380Statutes, the agency shall dismiss the proceeding. If the state
9381land planning agency determines that one or more issues have
9382been raised that are consistent with the revised provisions of
9383part II of chapter 163, Florida Statutes, the agency shall amend
9384its petition within 30 days after the determination to plead
9385with particularity as to the manner in which the plan or plan
9386amendment fails to meet the revised provisions of part II of
9387chapter 163, Florida Statutes. If the agency fails to timely
9388file such amended petition, the proceeding shall be dismissed.
9389     (2)  In all proceedings that were initiated by the state
9390land planning agency before the effective date of this act, and
9391continue after that date, the local government's determination
9392that the comprehensive plan or plan amendment is in compliance
9393is presumed to be correct, and the local government's
9394determination shall be sustained unless it is shown by a
9395preponderance of the evidence that the comprehensive plan or
9396plan amendment is not in compliance.
9397     Section 75.  All local governments shall be governed by the
9398revised provisions of s. 163.3191, Florida Statutes,
9399notwithstanding a local government's previous failure to timely
9400adopt its evaluation and appraisal report or evaluation and
9401appraisal report-based amendments by the due dates previously
9402established by the state land planning agency.
9403     Section 76.  A comprehensive plan amendment adopted
9404pursuant to s. 163.32465, Florida Statutes, subject to voter
9405referendum by local charter, and found in compliance before the
9406effective date of this act, may be readopted by ordinance, shall
9407become effective upon approval by the local government, and is
9408not subject to review or challenge pursuant to the provisions of
9409s. 163.32465 or s. 163.3184, Florida Statutes.
9410     Section 77.  The Department of Transportation shall develop
9411and submit to the President of the Senate and the Speaker of the
9412House of Representatives, no later than December 15, 2011, a
9413report on recommended changes to or alternatives to the
9414calculation of the proportionate share contribution in s.
9415163.3180(5)(h)3., Florida Statutes. The department's
9416recommendations, if any, shall be designed to ensure development
9417contributions to mitigate impacts on the transportation system
9418are assessed in predictable, equitable and fair manner and shall
9419be developed in consultation with developers and representatives
9420of local governments.
9421     Section 78.  If any provision of this act or its
9422application to any person or circumstance is held invalid, the
9423invalidity does not affect other provisions or applications of
9424this act which can be given effect without the invalid provision
9425or application, and to this end the provisions of this act are
9426severable.
9427     Section 79.  (1)  Except as provided in subsection (4), and
9428in recognition of 2011 real estate market conditions, any
9429building permit, and any permit issued by the Department of
9430Environmental Protection or by a water management district
9431pursuant to part IV of chapter 373, Florida Statutes, which has
9432an expiration date from January 1, 2012, through January 1,
94332014, is extended and renewed for a period of 2 years after its
9434previously scheduled date of expiration. This extension includes
9435any local government-issued development order or building permit
9436including certificates of levels of service. This section does
9437not prohibit conversion from the construction phase to the
9438operation phase upon completion of construction. This extension
9439is in addition to any existing permit extension. Extensions
9440granted pursuant to this section; section 14 of chapter 2009-96,
9441Laws of Florida, as reauthorized by section 47 of chapter 2010-
9442147, Laws of Florida; section 46 of chapter 2010-147, Laws of
9443Florida; or section 74 of this act shall not exceed 4 years in
9444total. Further, specific development order extensions granted
9445pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be
9446further extended by this section.
9447     (2)  The commencement and completion dates for any required
9448mitigation associated with a phased construction project are
9449extended so that mitigation takes place in the same timeframe
9450relative to the phase as originally permitted.
9451     (3)  The holder of a valid permit or other authorization
9452that is eligible for the 2-year extension must notify the
9453authorizing agency in writing by December 31, 2011, identifying
9454the specific authorization for which the holder intends to use
9455the extension and the anticipated timeframe for acting on the
9456authorization.
9457     (4)  The extension provided for in subsection (1) does not
9458apply to:
9459     (a)  A permit or other authorization under any programmatic
9460or regional general permit issued by the Army Corps of
9461Engineers.
9462     (b)  A permit or other authorization held by an owner or
9463operator determined to be in significant noncompliance with the
9464conditions of the permit or authorization as established through
9465the issuance of a warning letter or notice of violation, the
9466initiation of formal enforcement, or other equivalent action by
9467the authorizing agency.
9468     (c)  A permit or other authorization, if granted an
9469extension that would delay or prevent compliance with a court
9470order.
9471     (5)  Permits extended under this section shall continue to
9472be governed by the rules in effect at the time the permit was
9473issued, except if it is demonstrated that the rules in effect at
9474the time the permit was issued would create an immediate threat
9475to public safety or health. This provision applies to any
9476modification of the plans, terms, and conditions of the permit
9477which lessens the environmental impact, except that any such
9478modification does not extend the time limit beyond 2 additional
9479years.
9480     (6)  This section does not impair the authority of a county
9481or municipality to require the owner of a property that has
9482notified the county or municipality of the owner's intent to
9483receive the extension of time granted pursuant to this section
9484to maintain and secure the property in a safe and sanitary
9485condition in compliance with applicable laws and ordinances.
9486     Section 80.  The Division of Statutory Revision is directed
9487to replace the phrase "the effective date of this act" wherever
9488it occurs in this act with the date this act becomes a law.
9489     Section 81.  This act shall take effect upon becoming a
9490law.
9491
9492
9493
-----------------------------------------------------
9494
T I T L E  A M E N D M E N T
9495     Remove the entire title and insert:
9496
A bill to be entitled
9497An act relating to growth management; amending s. 163.3161,
9498F.S.; redesignating the "Local Government Comprehensive Planning
9499and Land Development Regulation Act" as the "Community Planning
9500Act"; revising and providing intent and purpose of act; amending
9501s. 163.3164, F.S.; revising definitions; amending s. 163.3167,
9502F.S.; revising scope of the act; revising and providing duties
9503of local governments and municipalities relating to
9504comprehensive plans; deleting retroactive effect; creating s.
9505163.3168, F.S.; encouraging local governments to apply for
9506certain innovative planning tools; authorizing the state land
9507planning agency and other appropriate state and regional
9508agencies to use direct and indirect technical assistance;
9509amending s. 163.3171, F.S.; providing legislative intent;
9510amending s. 163.3174, F.S.; deleting certain notice requirements
9511relating to the establishment of local planning agencies by a
9512governing body; amending s. 163.3175, F.S.; providing that
9513certain comments, underlying studies, and reports provided by a
9514military installation's commanding officer are not binding on
9515local governments; providing additional factors for local
9516government consideration in impacts to military installations;
9517clarifying requirements for adopting criteria to address
9518compatibility of lands relating to military installations;
9519amending s. 163.3177, F.S.; revising and providing duties of
9520local governments; revising and providing required and optional
9521elements of comprehensive plans; revising requirements of
9522schedules of capital improvements; revising and providing
9523provisions relating to capital improvements elements; revising
9524major objectives of, and procedures relating to, the local
9525comprehensive planning process; revising and providing required
9526and optional elements of future land use plans; providing
9527required transportation elements; revising and providing
9528required conservation elements; revising and providing required
9529housing elements; revising and providing required coastal
9530management elements; revising and providing required
9531intergovernmental coordination elements; amending s. 163.31777,
9532F.S.; revising requirements relating to public schools'
9533interlocal agreements; deleting duties of the Office of
9534Educational Facilities, the state land planning agency, and
9535local governments relating to such agreements; deleting an
9536exemption; amending s. 163.3178, F.S.; deleting a deadline for
9537local governments to amend coastal management elements and
9538future land use maps; amending s. 163.3180, F.S.; revising and
9539providing provisions relating to concurrency; revising
9540concurrency requirements; revising application and findings;
9541revising local government requirements; revising and providing
9542requirements relating to transportation concurrency,
9543transportation concurrency exception areas, urban infill, urban
9544redevelopment, urban service, downtown revitalization areas,
9545transportation concurrency management areas, long-term
9546transportation and school concurrency management systems,
9547development of regional impact, school concurrency, service
9548areas, financial feasibility, interlocal agreements, and
9549multimodal transportation districts; revising duties of the
9550Office of Program Policy Analysis and the state land planning
9551agency; providing requirements for local plans; providing for
9552the limiting the liability of local governments under certain
9553conditions; amending s. 163.3182, F.S.; revising definitions;
9554revising provisions relating to transportation deficiency plans
9555and projects; amending s. 163.3184, F.S.; providing a
9556definition; providing requirements for comprehensive plans and
9557plan amendments; providing a expedited state review process for
9558adoption of comprehensive plan amendments; providing
9559requirements for the adoption of comprehensive plan amendments;
9560creating the state-coordinated review process; providing and
9561revising provisions relating to the review process; revising
9562requirements relating to local government transmittal of
9563proposed plan or amendments; providing for comment by reviewing
9564agencies; deleting provisions relating to regional, county, and
9565municipal review; revising provisions relating to state land
9566planning agency review; revising provisions relating to local
9567government review of comments; deleting and revising provisions
9568relating to notice of intent and processes for compliance and
9569noncompliance; providing procedures for administrative
9570challenges to plans and plan amendments; providing for
9571compliance agreements; providing for mediation and expeditious
9572resolution; revising powers and duties of the administration
9573commission; revising provisions relating to areas of critical
9574state concern; providing for concurrent zoning; amending s.