HB 7207

1
A bill to be entitled
2An act relating to growth management; amending s.
3163.3161, F.S.; redesignating the "Local Government
4Comprehensive Planning and Land Development Regulation
5Act" as the "Community Planning Act"; revising and
6providing intent and purpose of act; amending s. 163.3164,
7F.S.; revising definitions; amending s. 163.3167, F.S.;
8revising scope of the act; revising and providing duties
9of local governments and municipalities relating to
10comprehensive plans; deleting retroactive effect; creating
11s. 163.3168, F.S.; encouraging local governments to apply
12for certain innovative planning tools; authorizing the
13state land planning agency and other appropriate state and
14regional agencies to use direct and indirect technical
15assistance; amending s. 163.3171, F.S.; providing
16legislative intent; amending s. 163.3174, F.S.; deleting
17certain notice requirements relating to the establishment
18of local planning agencies by a governing body; amending
19s. 163.3175, F.S.; providing that certain comments,
20underlying studies, and reports provided by a military
21installation's commanding officer are not binding on local
22governments; providing additional factors for local
23government consideration in impacts to military
24installations; clarifying requirements for adopting
25criteria to address compatibility of lands relating to
26military installations; amending s. 163.3177, F.S.;
27revising and providing duties of local governments;
28revising and providing required and optional elements of
29comprehensive plans; revising requirements of schedules of
30capital improvements; revising and providing provisions
31relating to capital improvements elements; revising major
32objectives of, and procedures relating to, the local
33comprehensive planning process; revising and providing
34required and optional elements of future land use plans;
35providing required transportation elements; revising and
36providing required conservation elements; revising and
37providing required housing elements; revising and
38providing required coastal management elements; revising
39and providing required intergovernmental coordination
40elements; amending s. 163.31777, F.S.; revising
41requirements relating to public schools' interlocal
42agreements; deleting duties of the Office of Educational
43Facilities, the state land planning agency, and local
44governments relating to such agreements; deleting an
45exemption; amending s. 163.3178, F.S.; deleting a deadline
46for local governments to amend coastal management elements
47and future land use maps; amending s. 163.3180, F.S.;
48revising and providing provisions relating to concurrency;
49revising concurrency requirements; revising application
50and findings; revising local government requirements;
51revising and providing requirements relating to
52transportation concurrency, transportation concurrency
53exception areas, urban infill, urban redevelopment, urban
54service, downtown revitalization areas, transportation
55concurrency management areas, long-term transportation and
56school concurrency management systems, development of
57regional impact, school concurrency, service areas,
58financial feasibility, interlocal agreements, and
59multimodal transportation districts; revising duties of
60the Office of Program Policy Analysis and the state land
61planning agency; providing requirements for local plans;
62providing for the limiting the liability of local
63governments under certain conditions; amending s.
64163.3182, F.S.; revising definitions; revising provisions
65relating to transportation deficiency plans and projects;
66amending s. 163.3184, F.S.; providing a definition;
67providing requirements for comprehensive plans and plan
68amendments; providing a expedited state review process for
69adoption of comprehensive plan amendments; providing
70requirements for the adoption of comprehensive plan
71amendments; creating the state-coordinated review process;
72providing and revising provisions relating to the review
73process; revising requirements relating to local
74government transmittal of proposed plan or amendments;
75providing for comment by reviewing agencies; deleting
76provisions relating to regional, county, and municipal
77review; revising provisions relating to state land
78planning agency review; revising provisions relating to
79local government review of comments; deleting and revising
80provisions relating to notice of intent and processes for
81compliance and noncompliance; providing procedures for
82administrative challenges to plans and plan amendments;
83providing for compliance agreements; providing for
84mediation and expeditious resolution; revising powers and
85duties of the administration commission; revising
86provisions relating to areas of critical state concern;
87providing for concurrent zoning; amending s. 163.3187,
88F.S.; deleting provisions relating to the amendment of
89adopted comprehensive plan and providing the process for
90adoption of small-scale comprehensive plan amendments;
91repealing s. 163.3189, F.S., relating to process for
92amendment of adopted comprehensive plan; amending s.
93163.3191, F.S., relating to the evaluation and appraisal
94of comprehensive plans; providing and revising local
95government requirements including notice, amendments,
96compliance, mediation, reports, and scoping meetings;
97amending s. 163.3229, F.S.; revising limitations on
98duration of development agreements; amending s. 163.3235,
99F.S.; revising requirements for periodic reviews of a
100development agreements; amending s. 163.3239, F.S.;
101revising recording requirements; amending s. 163.3243,
102F.S.; revising parties who may file an action for
103injunctive relief; amending s. 163.3245, F.S.; revising
104provisions relating to optional sector plans; authorizing
105the adoption of sector plans under certain circumstances;
106amending s. 163.3246, F.S.; revising provisions relating
107to the local government comprehensive planning
108certification program; conforming provisions to changes
109made by the act; deleting reporting requirements of the
110Office of Program Policy Analysis and Government
111Accountability; repealing s. 163.32465, F.S., relating to
112state review of local comprehensive plans in urban areas;
113amending s. 163.3247, F.S.; providing for future repeal
114and abolition of the Century Commission for a Sustainable
115Florida; creating s. 163.3248, F.S.; providing for the
116designation of rural land stewardship areas; providing
117purposes and requirements for the establishment of such
118areas; providing for the creation of rural land
119stewardship overlay zoning district and transferable rural
120land use credits; providing certain limitation relating to
121such credits; providing for incentives; providing
122eligibility for incentives; providing legislative intent;
123amending s. 380.06, F.S.; revising requirements relating
124to the issuance of permits for development by local
125governments; revising criteria for the determination of
126substantial deviation; providing for extension of certain
127expiration dates; revising exemptions governing
128developments of regional impact; revising provisions to
129conform to changes made by this act; amending s. 380.0651,
130F.S.; revising provisions relating to statewide guidelines
131and standards for certain multiscreen movie theaters,
132industrial plants, industrial parks, distribution,
133warehousing and wholesaling facilities, and hotels and
134motels; revising criteria for the determination of when to
135treat two or more developments as a single development;
136amending s. 331.303, F.S.; conforming a cross-reference;
137amending s. 380.115, F.S.; subjecting certain developments
138required to undergo development-of-regional-impact review
139to certain procedures; amending s. 380.065, F.S.; deleting
140certain reporting requirements; conforming provisions to
141changes made by the act; amending s. 380.0685, F.S.,
142relating to use of surcharges for beach renourishment and
143restoration; repealing Rules 9J-5 and 9J-11.023, Florida
144Administrative Code, relating to minimum criteria for
145review of local government comprehensive plans and plan
146amendments, evaluation and appraisal reports, land
147development regulations, and determinations of compliance;
148amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217,
149163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203,
150186.513, 189.415, 190.004, 190.005, 193.501, 287.042,
151288.063, 288.975, 290.0475, 311.07, 331.319, 339.155,
152339.2819, 369.303, 369.321, 378.021, 380.115, 380.031,
153380.061, 403.50665, 403.973, 420.5095, 420.615, 420.5095,
154420.9071, 420.9076, 720.403, 1013.30, 1013.33, and
1551013.35, F.S.; revising provisions to conform to changes
156made by this act; extending permits and other
157authorizations extended under s. 14, ch. 2009-96, Laws of
158Florida; extending certain previously granted buildout
159dates; requiring a permitholder to notify the authorizing
160agency of its intended use of the extension; exempting
161certain permits from eligibility for an extension;
162providing for applicability of rules governing permits;
163declaring that certain provisions do not impair the
164authority of counties and municipalities under certain
165circumstances; requiring the state land planning agency to
166review certain administrative and judicial proceedings;
167providing procedures for such review; providing that all
168local governments shall be governed by certain provisions
169of general law; allowing specified amendments to be
170adopted upon approval by the local government; directing
171the Department of Transportation to report on the
172calculation of proportionate share; providing for
173severability; creating a 2-year permit extension;
174providing a directive of the Division of Statutory
175Revision; providing an effective date.
176
177Be It Enacted by the Legislature of the State of Florida:
178
179     Section 1.  Subsection (26) of section 70.51, Florida
180Statutes, is amended to read:
181     70.51  Land use and environmental dispute resolution.-
182     (26)  A special magistrate's recommendation under this
183section constitutes data in support of, and a support document
184for, a comprehensive plan or comprehensive plan amendment, but
185is not, in and of itself, dispositive of a determination of
186compliance with chapter 163. Any comprehensive plan amendment
187necessary to carry out the approved recommendation of a special
188magistrate under this section is exempt from the twice-a-year
189limit on plan amendments and may be adopted by the local
190government amendments in s. 163.3184(16)(d).
191     Section 2.  Paragraphs (h) through (l) of subsection (3) of
192section 163.06, Florida Statutes, are redesignated as paragraphs
193(g) through (k), respectively, and present paragraph (g) of that
194subsection is amended to read:
195     163.06  Miami River Commission.-
196     (3)  The policy committee shall have the following powers
197and duties:
198     (g)  Coordinate a joint planning area agreement between the
199Department of Community Affairs, the city, and the county under
200the provisions of s. 163.3177(11)(a), (b), and (c).
201     Section 3.  Subsection (4) of section 163.2517, Florida
202Statutes, is amended to read:
203     163.2517  Designation of urban infill and redevelopment
204area.-
205     (4)  In order for a local government to designate an urban
206infill and redevelopment area, it must amend its comprehensive
207land use plan under s. 163.3187 to delineate the boundaries of
208the urban infill and redevelopment area within the future land
209use element of its comprehensive plan pursuant to its adopted
210urban infill and redevelopment plan. The state land planning
211agency shall review the boundary delineation of the urban infill
212and redevelopment area in the future land use element under s.
213163.3184. However, an urban infill and redevelopment plan
214adopted by a local government is not subject to review for
215compliance as defined by s. 163.3184(1)(b), and the local
216government is not required to adopt the plan as a comprehensive
217plan amendment. An amendment to the local comprehensive plan to
218designate an urban infill and redevelopment area is exempt from
219the twice-a-year amendment limitation of s. 163.3187.
220     Section 4.  Section 163.3161, Florida Statutes, is amended
221to read:
222     163.3161  Short title; intent and purpose.-
223     (1)  This part shall be known and may be cited as the
224"Community Local Government Comprehensive Planning and Land
225Development Regulation Act."
226     (2)  In conformity with, and in furtherance of, the purpose
227of the Florida Environmental Land and Water Management Act of
2281972, chapter 380, It is the purpose of this act to utilize and
229strengthen the existing role, processes, and powers of local
230governments in the establishment and implementation of
231comprehensive planning programs to guide and manage control
232future development consistent with the proper role of local
233government.
234     (3)  It is the intent of this act to focus the state role
235in managing growth under this act to protecting the functions of
236important state resources and facilities.
237     (4)  It is the intent of this act that its adoption is
238necessary so that local governments have the ability to can
239preserve and enhance present advantages; encourage the most
240appropriate use of land, water, and resources, consistent with
241the public interest; overcome present handicaps; and deal
242effectively with future problems that may result from the use
243and development of land within their jurisdictions. Through the
244process of comprehensive planning, it is intended that units of
245local government can preserve, promote, protect, and improve the
246public health, safety, comfort, good order, appearance,
247convenience, law enforcement and fire prevention, and general
248welfare; prevent the overcrowding of land and avoid undue
249concentration of population; facilitate the adequate and
250efficient provision of transportation, water, sewerage, schools,
251parks, recreational facilities, housing, and other requirements
252and services; and conserve, develop, utilize, and protect
253natural resources within their jurisdictions.
254     (5)(4)  It is the intent of this act to encourage and
255ensure assure cooperation between and among municipalities and
256counties and to encourage and ensure assure coordination of
257planning and development activities of units of local government
258with the planning activities of regional agencies and state
259government in accord with applicable provisions of law.
260     (6)(5)  It is the intent of this act that adopted
261comprehensive plans shall have the legal status set out in this
262act and that no public or private development shall be permitted
263except in conformity with comprehensive plans, or elements or
264portions thereof, prepared and adopted in conformity with this
265act.
266     (7)(6)  It is the intent of this act that the activities of
267units of local government in the preparation and adoption of
268comprehensive plans, or elements or portions therefor, shall be
269conducted in conformity with the provisions of this act.
270     (8)(7)  The provisions of this act in their interpretation
271and application are declared to be the minimum requirements
272necessary to accomplish the stated intent, purposes, and
273objectives of this act; to protect human, environmental, social,
274and economic resources; and to maintain, through orderly growth
275and development, the character and stability of present and
276future land use and development in this state.
277     (9)(8)  It is the intent of the Legislature that the repeal
278of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
279of Florida, and amendments to this part by this chapter law,
280shall not be interpreted to limit or restrict the powers of
281municipal or county officials, but shall be interpreted as a
282recognition of their broad statutory and constitutional powers
283to plan for and regulate the use of land. It is, further, the
284intent of the Legislature to reconfirm that ss. 163.3161-
285163.3248 163.3161 through 163.3215 have provided and do provide
286the necessary statutory direction and basis for municipal and
287county officials to carry out their comprehensive planning and
288land development regulation powers, duties, and
289responsibilities.
290     (10)(9)  It is the intent of the Legislature that all
291governmental entities in this state recognize and respect
292judicially acknowledged or constitutionally protected private
293property rights. It is the intent of the Legislature that all
294rules, ordinances, regulations, comprehensive plans and
295amendments thereto, and programs adopted under the authority of
296this act must be developed, promulgated, implemented, and
297applied with sensitivity for private property rights and not be
298unduly restrictive, and property owners must be free from
299actions by others which would harm their property or which would
300constitute an inordinate burden on property rights as those
301terms are defined in s. 70.001(3)(e) and (f). Full and just
302compensation or other appropriate relief must be provided to any
303property owner for a governmental action that is determined to
304be an invalid exercise of the police power which constitutes a
305taking, as provided by law. Any such relief must ultimately be
306determined in a judicial action.
307     (11)  It is the intent of this part that the traditional
308economic base of this state, agriculture, tourism, and military
309presence, be recognized and protected. Further, it is the intent
310of this part to encourage economic diversification, workforce
311development, and community planning.
312     (12)  It is the intent of this part that new statutory
313requirements created by the Legislature will not require a local
314government whose plan has been found to be in compliance with
315this part to adopt amendments implementing the new statutory
316requirements until the evaluation and appraisal period provided
317in s. 163.3191, unless otherwise specified in law. However, any
318new amendments must comply with the requirements of this part.
319     Section 5.  Subsections (2) through (5) of section
320163.3162, Florida Statutes, are renumbered as subsections (1)
321through (4), respectively, and present subsections (1) and (5)
322of that section are amended to read:
323     163.3162  Agricultural Lands and Practices Act.-
324     (1)  SHORT TITLE.-This section may be cited as the
325"Agricultural Lands and Practices Act."
326     (4)(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.-
327The owner of a parcel of land defined as an agricultural enclave
328under s. 163.3164(33) may apply for an amendment to the local
329government comprehensive plan pursuant to s. 163.3184 163.3187.
330Such amendment is presumed not to be urban sprawl as defined in
331s. 163.3164 if it includes consistent with rule 9J-5.006(5),
332Florida Administrative Code, and may include land uses and
333intensities of use that are consistent with the uses and
334intensities of use of the industrial, commercial, or residential
335areas that surround the parcel. This presumption may be rebutted
336by clear and convincing evidence. Each application for a
337comprehensive plan amendment under this subsection for a parcel
338larger than 640 acres must include appropriate new urbanism
339concepts such as clustering, mixed-use development, the creation
340of rural village and city centers, and the transfer of
341development rights in order to discourage urban sprawl while
342protecting landowner rights.
343     (a)  The local government and the owner of a parcel of land
344that is the subject of an application for an amendment shall
345have 180 days following the date that the local government
346receives a complete application to negotiate in good faith to
347reach consensus on the land uses and intensities of use that are
348consistent with the uses and intensities of use of the
349industrial, commercial, or residential areas that surround the
350parcel. Within 30 days after the local government's receipt of
351such an application, the local government and owner must agree
352in writing to a schedule for information submittal, public
353hearings, negotiations, and final action on the amendment, which
354schedule may thereafter be altered only with the written consent
355of the local government and the owner. Compliance with the
356schedule in the written agreement constitutes good faith
357negotiations for purposes of paragraph (c).
358     (b)  Upon conclusion of good faith negotiations under
359paragraph (a), regardless of whether the local government and
360owner reach consensus on the land uses and intensities of use
361that are consistent with the uses and intensities of use of the
362industrial, commercial, or residential areas that surround the
363parcel, the amendment must be transmitted to the state land
364planning agency for review pursuant to s. 163.3184. If the local
365government fails to transmit the amendment within 180 days after
366receipt of a complete application, the amendment must be
367immediately transferred to the state land planning agency for
368such review at the first available transmittal cycle. A plan
369amendment transmitted to the state land planning agency
370submitted under this subsection is presumed not to be urban
371sprawl as defined in s. 163.3164 consistent with rule 9J-
3725.006(5), Florida Administrative Code. This presumption may be
373rebutted by clear and convincing evidence.
374     (c)  If the owner fails to negotiate in good faith, a plan
375amendment submitted under this subsection is not entitled to the
376rebuttable presumption under this subsection in the negotiation
377and amendment process.
378     (d)  Nothing within this subsection relating to
379agricultural enclaves shall preempt or replace any protection
380currently existing for any property located within the
381boundaries of the following areas:
382     1.  The Wekiva Study Area, as described in s. 369.316; or
383     2.  The Everglades Protection Area, as defined in s.
384373.4592(2).
385     Section 6.  Section 163.3164, Florida Statutes, is amended
386to read:
387     163.3164  Community Local Government Comprehensive Planning
388and Land Development Regulation Act; definitions.-As used in
389this act:
390     (1)  "Adaptation action area" or "adaptation area" means a
391designation in the coastal management element of a local
392government's comprehensive plan which identifies one or more
393areas that experience coastal flooding due to extreme high tides
394and storm surge, and that are vulnerable to the related impacts
395of rising sea levels for the purpose of prioritizing funding for
396infrastructure needs and adaptation planning.
397     (2)  "Administration Commission" means the Governor and the
398Cabinet, and for purposes of this chapter the commission shall
399act on a simple majority vote, except that for purposes of
400imposing the sanctions provided in s. 163.3184(8)(11),
401affirmative action shall require the approval of the Governor
402and at least three other members of the commission.
403     (3)  "Affordable housing" has the same meaning as in s.
404420.0004(3).
405     (4)(33)  "Agricultural enclave" means an unincorporated,
406undeveloped parcel that:
407     (a)  Is owned by a single person or entity;
408     (b)  Has been in continuous use for bona fide agricultural
409purposes, as defined by s. 193.461, for a period of 5 years
410prior to the date of any comprehensive plan amendment
411application;
412     (c)  Is surrounded on at least 75 percent of its perimeter
413by:
414     1.  Property that has existing industrial, commercial, or
415residential development; or
416     2.  Property that the local government has designated, in
417the local government's comprehensive plan, zoning map, and
418future land use map, as land that is to be developed for
419industrial, commercial, or residential purposes, and at least 75
420percent of such property is existing industrial, commercial, or
421residential development;
422     (d)  Has public services, including water, wastewater,
423transportation, schools, and recreation facilities, available or
424such public services are scheduled in the capital improvement
425element to be provided by the local government or can be
426provided by an alternative provider of local government
427infrastructure in order to ensure consistency with applicable
428concurrency provisions of s. 163.3180; and
429     (e)  Does not exceed 1,280 acres; however, if the property
430is surrounded by existing or authorized residential development
431that will result in a density at buildout of at least 1,000
432residents per square mile, then the area shall be determined to
433be urban and the parcel may not exceed 4,480 acres.
434     (5)  "Antiquated subdivision" means a subdivision that was
435recorded or approved more than 20 years ago and that has
436substantially failed to be built and the continued buildout of
437the subdivision in accordance with the subdivision's zoning and
438land use purposes would cause an imbalance of land uses and
439would be detrimental to the local and regional economies and
440environment, hinder current planning practices, and lead to
441inefficient and fiscally irresponsible development patterns as
442determined by the respective jurisdiction in which the
443subdivision is located.
444     (6)(2)  "Area" or "area of jurisdiction" means the total
445area qualifying under the provisions of this act, whether this
446be all of the lands lying within the limits of an incorporated
447municipality, lands in and adjacent to incorporated
448municipalities, all unincorporated lands within a county, or
449areas comprising combinations of the lands in incorporated
450municipalities and unincorporated areas of counties.
451     (7)  "Capital improvement" means physical assets
452constructed or purchased to provide, improve, or replace a
453public facility and which are typically large scale and high in
454cost. The cost of a capital improvement is generally
455nonrecurring and may require multiyear financing. For the
456purposes of this part, physical assets that have been identified
457as existing or projected needs in the individual comprehensive
458plan elements shall be considered capital improvements.
459     (8)(3)  "Coastal area" means the 35 coastal counties and
460all coastal municipalities within their boundaries designated
461coastal by the state land planning agency.
462     (9)  "Compatibility" means a condition in which land uses
463or conditions can coexist in relative proximity to each other in
464a stable fashion over time such that no use or condition is
465unduly negatively impacted directly or indirectly by another use
466or condition.
467     (10)(4)  "Comprehensive plan" means a plan that meets the
468requirements of ss. 163.3177 and 163.3178.
469     (11)  "Deepwater ports" means the ports identified in s.
470403.021(9).
471     (12)  "Density" means an objective measurement of the
472number of people or residential units allowed per unit of land,
473such as residents or employees per acre.
474     (13)(5)  "Developer" means any person, including a
475governmental agency, undertaking any development as defined in
476this act.
477     (14)(6)  "Development" has the same meaning as given it in
478s. 380.04.
479     (15)(7)  "Development order" means any order granting,
480denying, or granting with conditions an application for a
481development permit.
482     (16)(8)  "Development permit" includes any building permit,
483zoning permit, subdivision approval, rezoning, certification,
484special exception, variance, or any other official action of
485local government having the effect of permitting the development
486of land.
487     (17)(25)  "Downtown revitalization" means the physical and
488economic renewal of a central business district of a community
489as designated by local government, and includes both downtown
490development and redevelopment.
491     (18)  "Floodprone areas" means areas inundated during a
492100-year flood event or areas identified by the National Flood
493Insurance Program as an A Zone on flood insurance rate maps or
494flood hazard boundary maps.
495     (19)  "Goal" means the long-term end toward which programs
496or activities are ultimately directed.
497     (20)(9)  "Governing body" means the board of county
498commissioners of a county, the commission or council of an
499incorporated municipality, or any other chief governing body of
500a unit of local government, however designated, or the
501combination of such bodies where joint utilization of the
502provisions of this act is accomplished as provided herein.
503     (21)(10)  "Governmental agency" means:
504     (a)  The United States or any department, commission,
505agency, or other instrumentality thereof.
506     (b)  This state or any department, commission, agency, or
507other instrumentality thereof.
508     (c)  Any local government, as defined in this section, or
509any department, commission, agency, or other instrumentality
510thereof.
511     (d)  Any school board or other special district, authority,
512or governmental entity.
513     (22)  "Intensity" means an objective measurement of the
514extent to which land may be developed or used, including the
515consumption or use of the space above, on, or below ground; the
516measurement of the use of or demand on natural resources; and
517the measurement of the use of or demand on facilities and
518services.
519     (23)  "Internal trip capture" means trips generated by a
520mixed-use project that travel from one on-site land use to
521another on-site land use without using the external road
522network.
523     (24)(11)  "Land" means the earth, water, and air, above,
524below, or on the surface, and includes any improvements or
525structures customarily regarded as land.
526     (25)(22)  "Land development regulation commission" means a
527commission designated by a local government to develop and
528recommend, to the local governing body, land development
529regulations which implement the adopted comprehensive plan and
530to review land development regulations, or amendments thereto,
531for consistency with the adopted plan and report to the
532governing body regarding its findings. The responsibilities of
533the land development regulation commission may be performed by
534the local planning agency.
535     (26)(23)  "Land development regulations" means ordinances
536enacted by governing bodies for the regulation of any aspect of
537development and includes any local government zoning, rezoning,
538subdivision, building construction, or sign regulations or any
539other regulations controlling the development of land, except
540that this definition does shall not apply in s. 163.3213.
541     (27)(12)  "Land use" means the development that has
542occurred on the land, the development that is proposed by a
543developer on the land, or the use that is permitted or
544permissible on the land under an adopted comprehensive plan or
545element or portion thereof, land development regulations, or a
546land development code, as the context may indicate.
547     (28)  "Level of service" means an indicator of the extent
548or degree of service provided by, or proposed to be provided by,
549a facility based on and related to the operational
550characteristics of the facility. Level of service shall indicate
551the capacity per unit of demand for each public facility.
552     (29)(13)  "Local government" means any county or
553municipality.
554     (30)(14)  "Local planning agency" means the agency
555designated to prepare the comprehensive plan or plan amendments
556required by this act.
557     (31)(15)  A "Newspaper of general circulation" means a
558newspaper published at least on a weekly basis and printed in
559the language most commonly spoken in the area within which it
560circulates, but does not include a newspaper intended primarily
561for members of a particular professional or occupational group,
562a newspaper whose primary function is to carry legal notices, or
563a newspaper that is given away primarily to distribute
564advertising.
565     (32)  "New town" means an urban activity center and
566community designated on the future land use map of sufficient
567size, population and land use composition to support a variety
568of economic and social activities consistent with an urban area
569designation. New towns shall include basic economic activities;
570all major land use categories, with the possible exception of
571agricultural and industrial; and a centrally provided full range
572of public facilities and services that demonstrate internal trip
573capture. A new town shall be based on a master development plan.
574     (33)  "Objective" means a specific, measurable,
575intermediate end that is achievable and marks progress toward a
576goal.
577     (34)(16)  "Parcel of land" means any quantity of land
578capable of being described with such definiteness that its
579locations and boundaries may be established, which is designated
580by its owner or developer as land to be used, or developed as, a
581unit or which has been used or developed as a unit.
582     (35)(17)  "Person" means an individual, corporation,
583governmental agency, business trust, estate, trust, partnership,
584association, two or more persons having a joint or common
585interest, or any other legal entity.
586     (36)  "Policy" means the way in which programs and
587activities are conducted to achieve an identified goal.
588     (37)(28)  "Projects that promote public transportation"
589means projects that directly affect the provisions of public
590transit, including transit terminals, transit lines and routes,
591separate lanes for the exclusive use of public transit services,
592transit stops (shelters and stations), office buildings or
593projects that include fixed-rail or transit terminals as part of
594the building, and projects which are transit oriented and
595designed to complement reasonably proximate planned or existing
596public facilities.
597     (38)(24)  "Public facilities" means major capital
598improvements, including, but not limited to, transportation,
599sanitary sewer, solid waste, drainage, potable water,
600educational, parks and recreational, and health systems and
601facilities, and spoil disposal sites for maintenance dredging
602located in the intracoastal waterways, except for spoil disposal
603sites owned or used by ports listed in s. 403.021(9)(b).
604     (39)(18)  "Public notice" means notice as required by s.
605125.66(2) for a county or by s. 166.041(3)(a) for a
606municipality. The public notice procedures required in this part
607are established as minimum public notice procedures.
608     (40)(19)  "Regional planning agency" means the council
609created pursuant to chapter 186 agency designated by the state
610land planning agency to exercise responsibilities under law in a
611particular region of the state.
612     (41)  "Seasonal population" means part-time inhabitants who
613use, or may be expected to use, public facilities or services,
614but are not residents and includes tourists, migrant
615farmworkers, and other short-term and long-term visitors.
616     (42)(31)  "Optional Sector plan" means the an optional
617process authorized by s. 163.3245 in which one or more local
618governments engage in long-term planning for a large area and by
619agreement with the state land planning agency are allowed to
620address regional development-of-regional-impact issues through
621adoption of detailed specific area plans within the planning
622area within certain designated geographic areas identified in
623the local comprehensive plan as a means of fostering innovative
624planning and development strategies in s. 163.3177(11)(a) and
625(b), furthering the purposes of this part and part I of chapter
626380, reducing overlapping data and analysis requirements,
627protecting regionally significant resources and facilities, and
628addressing extrajurisdictional impacts. The term includes an
629optional sector plan that was adopted before the effective date
630of this act.
631     (43)(20)  "State land planning agency" means the Department
632of Community Affairs.
633     (44)(21)  "Structure" has the same meaning as in given it
634by s. 380.031(19).
635     (45)  "Suitability" means the degree to which the existing
636characteristics and limitations of land and water are compatible
637with a proposed use or development.
638     (46)  "Transit-oriented development" means a project or
639projects, in areas identified in a local government
640comprehensive plan, that is or will be served by existing or
641planned transit service. These designated areas shall be
642compact, moderate to high density developments, of mixed-use
643character, interconnected with other land uses, bicycle and
644pedestrian friendly, and designed to support frequent transit
645service operating through, collectively or separately, rail,
646fixed guideway, streetcar, or bus systems on dedicated
647facilities or available roadway connections.
648     (47)(30)  "Transportation corridor management" means the
649coordination of the planning of designated future transportation
650corridors with land use planning within and adjacent to the
651corridor to promote orderly growth, to meet the concurrency
652requirements of this chapter, and to maintain the integrity of
653the corridor for transportation purposes.
654     (48)(27)  "Urban infill" means the development of vacant
655parcels in otherwise built-up areas where public facilities such
656as sewer systems, roads, schools, and recreation areas are
657already in place and the average residential density is at least
658five dwelling units per acre, the average nonresidential
659intensity is at least a floor area ratio of 1.0 and vacant,
660developable land does not constitute more than 10 percent of the
661area.
662     (49)(26)  "Urban redevelopment" means demolition and
663reconstruction or substantial renovation of existing buildings
664or infrastructure within urban infill areas, existing urban
665service areas, or community redevelopment areas created pursuant
666to part III.
667     (50)(29)  "Urban service area" means built-up areas
668identified in the comprehensive plan where public facilities and
669services, including, but not limited to, central water and sewer
670capacity and roads, are already in place or are identified in
671the capital improvements element. The term includes any areas
672identified in the comprehensive plan as urban service areas,
673regardless of local government limitation committed in the first
6743 years of the capital improvement schedule. In addition, for
675counties that qualify as dense urban land areas under subsection
676(34), the nonrural area of a county which has adopted into the
677county charter a rural area designation or areas identified in
678the comprehensive plan as urban service areas or urban growth
679boundaries on or before July 1, 2009, are also urban service
680areas under this definition.
681     (51)  "Urban sprawl" means a development pattern
682characterized by low density, automobile-dependent development
683with either a single use or multiple uses that are not
684functionally related, requiring the extension of public
685facilities and services in an inefficient manner, and failing to
686provide a clear separation between urban and rural uses.
687     (32)  "Financial feasibility" means that sufficient
688revenues are currently available or will be available from
689committed funding sources for the first 3 years, or will be
690available from committed or planned funding sources for years 4
691and 5, of a 5-year capital improvement schedule for financing
692capital improvements, such as ad valorem taxes, bonds, state and
693federal funds, tax revenues, impact fees, and developer
694contributions, which are adequate to fund the projected costs of
695the capital improvements identified in the comprehensive plan
696necessary to ensure that adopted level-of-service standards are
697achieved and maintained within the period covered by the 5-year
698schedule of capital improvements. A comprehensive plan shall be
699deemed financially feasible for transportation and school
700facilities throughout the planning period addressed by the
701capital improvements schedule if it can be demonstrated that the
702level-of-service standards will be achieved and maintained by
703the end of the planning period even if in a particular year such
704improvements are not concurrent as required by s. 163.3180.
705     (34)  "Dense urban land area" means:
706     (a)  A municipality that has an average of at least 1,000
707people per square mile of land area and a minimum total
708population of at least 5,000;
709     (b)  A county, including the municipalities located
710therein, which has an average of at least 1,000 people per
711square mile of land area; or
712     (c)  A county, including the municipalities located
713therein, which has a population of at least 1 million.
714
715The Office of Economic and Demographic Research within the
716Legislature shall annually calculate the population and density
717criteria needed to determine which jurisdictions qualify as
718dense urban land areas by using the most recent land area data
719from the decennial census conducted by the Bureau of the Census
720of the United States Department of Commerce and the latest
721available population estimates determined pursuant to s.
722186.901. If any local government has had an annexation,
723contraction, or new incorporation, the Office of Economic and
724Demographic Research shall determine the population density
725using the new jurisdictional boundaries as recorded in
726accordance with s. 171.091. The Office of Economic and
727Demographic Research shall submit to the state land planning
728agency a list of jurisdictions that meet the total population
729and density criteria necessary for designation as a dense urban
730land area by July 1, 2009, and every year thereafter. The state
731land planning agency shall publish the list of jurisdictions on
732its Internet website within 7 days after the list is received.
733The designation of jurisdictions that qualify or do not qualify
734as a dense urban land area is effective upon publication on the
735state land planning agency's Internet website.
736     Section 7.  Section 163.3167, Florida Statutes, is amended
737to read:
738     163.3167  Scope of act.-
739     (1)  The several incorporated municipalities and counties
740shall have power and responsibility:
741     (a)  To plan for their future development and growth.
742     (b)  To adopt and amend comprehensive plans, or elements or
743portions thereof, to guide their future development and growth.
744     (c)  To implement adopted or amended comprehensive plans by
745the adoption of appropriate land development regulations or
746elements thereof.
747     (d)  To establish, support, and maintain administrative
748instruments and procedures to carry out the provisions and
749purposes of this act.
750
751The powers and authority set out in this act may be employed by
752municipalities and counties individually or jointly by mutual
753agreement in accord with the provisions of this act and in such
754combinations as their common interests may dictate and require.
755     (2)  Each local government shall maintain prepare a
756comprehensive plan of the type and in the manner set out in this
757part or prepare amendments to its existing comprehensive plan to
758conform it to the requirements of this part and in the manner
759set out in this part. In accordance with s. 163.3184, each local
760government shall submit to the state land planning agency its
761complete proposed comprehensive plan or its complete
762comprehensive plan as proposed to be amended.
763     (3)  When a local government has not prepared all of the
764required elements or has not amended its plan as required by
765subsection (2), the regional planning agency having
766responsibility for the area in which the local government lies
767shall prepare and adopt by rule, pursuant to chapter 120, the
768missing elements or adopt by rule amendments to the existing
769plan in accordance with this act by July 1, 1989, or within 1
770year after the dates specified or provided in subsection (2) and
771the state land planning agency review schedule, whichever is
772later. The regional planning agency shall provide at least 90
773days' written notice to any local government whose plan it is
774required by this subsection to prepare, prior to initiating the
775planning process. At least 90 days before the adoption by the
776regional planning agency of a comprehensive plan, or element or
777portion thereof, pursuant to this subsection, the regional
778planning agency shall transmit a copy of the proposed
779comprehensive plan, or element or portion thereof, to the local
780government and the state land planning agency for written
781comment. The state land planning agency shall review and comment
782on such plan, or element or portion thereof, in accordance with
783s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
784applicable to the regional planning agency as if it were a
785governing body. Existing comprehensive plans shall remain in
786effect until they are amended pursuant to subsection (2), this
787subsection, s. 163.3187, or s. 163.3189.
788     (3)(4)  A municipality established after the effective date
789of this act shall, within 1 year after incorporation, establish
790a local planning agency, pursuant to s. 163.3174, and prepare
791and adopt a comprehensive plan of the type and in the manner set
792out in this act within 3 years after the date of such
793incorporation. A county comprehensive plan shall be deemed
794controlling until the municipality adopts a comprehensive plan
795in accord with the provisions of this act. If, upon the
796expiration of the 3-year time limit, the municipality has not
797adopted a comprehensive plan, the regional planning agency shall
798prepare and adopt a comprehensive plan for such municipality.
799     (4)(5)  Any comprehensive plan, or element or portion
800thereof, adopted pursuant to the provisions of this act, which
801but for its adoption after the deadlines established pursuant to
802previous versions of this act would have been valid, shall be
803valid.
804     (6)  When a regional planning agency is required to prepare
805or amend a comprehensive plan, or element or portion thereof,
806pursuant to subsections (3) and (4), the regional planning
807agency and the local government may agree to a method of
808compensating the regional planning agency for any verifiable,
809direct costs incurred. If an agreement is not reached within 6
810months after the date the regional planning agency assumes
811planning responsibilities for the local government pursuant to
812subsections (3) and (4) or by the time the plan or element, or
813portion thereof, is completed, whichever is earlier, the
814regional planning agency shall file invoices for verifiable,
815direct costs involved with the governing body. Upon the failure
816of the local government to pay such invoices within 90 days, the
817regional planning agency may, upon filing proper vouchers with
818the Chief Financial Officer, request payment by the Chief
819Financial Officer from unencumbered revenue or other tax sharing
820funds due such local government from the state for work actually
821performed, and the Chief Financial Officer shall pay such
822vouchers; however, the amount of such payment shall not exceed
82350 percent of such funds due such local government in any one
824year.
825     (7)  A local government that is being requested to pay
826costs may seek an administrative hearing pursuant to ss. 120.569
827and 120.57 to challenge the amount of costs and to determine if
828the statutory prerequisites for payment have been complied with.
829Final agency action shall be taken by the state land planning
830agency. Payment shall be withheld as to disputed amounts until
831proceedings under this subsection have been completed.
832     (5)(8)  Nothing in this act shall limit or modify the
833rights of any person to complete any development that has been
834authorized as a development of regional impact pursuant to
835chapter 380 or who has been issued a final local development
836order and development has commenced and is continuing in good
837faith.
838     (6)(9)  The Reedy Creek Improvement District shall exercise
839the authority of this part as it applies to municipalities,
840consistent with the legislative act under which it was
841established, for the total area under its jurisdiction.
842     (7)(10)  Nothing in this part shall supersede any provision
843of ss. 341.8201-341.842.
844     (11)  Each local government is encouraged to articulate a
845vision of the future physical appearance and qualities of its
846community as a component of its local comprehensive plan. The
847vision should be developed through a collaborative planning
848process with meaningful public participation and shall be
849adopted by the governing body of the jurisdiction. Neighboring
850communities, especially those sharing natural resources or
851physical or economic infrastructure, are encouraged to create
852collective visions for greater-than-local areas. Such collective
853visions shall apply in each city or county only to the extent
854that each local government chooses to make them applicable. The
855state land planning agency shall serve as a clearinghouse for
856creating a community vision of the future and may utilize the
857Growth Management Trust Fund, created by s. 186.911, to provide
858grants to help pay the costs of local visioning programs. When a
859local vision of the future has been created, a local government
860should review its comprehensive plan, land development
861regulations, and capital improvement program to ensure that
862these instruments will help to move the community toward its
863vision in a manner consistent with this act and with the state
864comprehensive plan. A local or regional vision must be
865consistent with the state vision, when adopted, and be
866internally consistent with the local or regional plan of which
867it is a component. The state land planning agency shall not
868adopt minimum criteria for evaluating or judging the form or
869content of a local or regional vision.
870     (8)(12)  An initiative or referendum process in regard to
871any development order or in regard to any local comprehensive
872plan amendment or map amendment that affects five or fewer
873parcels of land is prohibited.
874     (9)(13)  Each local government shall address in its
875comprehensive plan, as enumerated in this chapter, the water
876supply sources necessary to meet and achieve the existing and
877projected water use demand for the established planning period,
878considering the applicable plan developed pursuant to s.
879373.709.
880     (10)(14)(a)  If a local government grants a development
881order pursuant to its adopted land development regulations and
882the order is not the subject of a pending appeal and the
883timeframe for filing an appeal has expired, the development
884order may not be invalidated by a subsequent judicial
885determination that such land development regulations, or any
886portion thereof that is relevant to the development order, are
887invalid because of a deficiency in the approval standards.
888     (b)  This subsection does not preclude or affect the timely
889institution of any other remedy available at law or equity,
890including a common law writ of certiorari proceeding pursuant to
891Rule 9.190, Florida Rules of Appellate Procedure, or an original
892proceeding pursuant to s. 163.3215, as applicable.
893     (c)  This subsection applies retroactively to any
894development order granted on or after January 1, 2002.
895     Section 8.  Section 163.3168, Florida Statutes, is created
896to read:
897     163.3168  Planning innovations and technical assistance.-
898     (1)  The Legislature recognizes the need for innovative
899planning and development strategies to promote a diverse economy
900and vibrant rural and urban communities, while protecting
901environmentally sensitive areas. The Legislature further
902recognizes the substantial advantages of innovative approaches
903to development directed to meet the needs of urban, rural, and
904suburban areas.
905     (2)  Local governments are encouraged to apply innovative
906planning tools, including, but not limited to, visioning, sector
907planning, and rural land stewardship area designations to
908address future new development areas, urban service area
909designations, urban growth boundaries, and mixed-use, high-
910density development in urban areas.
911     (3)  The state land planning agency shall help communities
912find creative solutions to fostering vibrant, healthy
913communities, while protecting the functions of important state
914resources and facilities. The state land planning agency and all
915other appropriate state and regional agencies may use various
916means to provide direct and indirect technical assistance within
917available resources. If plan amendments may adversely impact
918important state resources or facilities, upon request by the
919local government, the state land planning agency shall
920coordinate multi-agency assistance, if needed, in developing an
921amendment to minimize impacts on such resources or facilities.
922     (4)  The state land planning agency shall provide, on its
923website, guidance on the submittal and adoption of comprehensive
924plans, plan amendments, and land development regulations. Such
925guidance shall not be adopted as a rule and is exempt from s.
926120.54(1)(a).
927     Section 9.  Subsection (4) of section 163.3171, Florida
928Statutes, is amended to read:
929     163.3171  Areas of authority under this act.-
930     (4)  The state land planning agency and a Local governments
931may government shall have the power to enter into agreements
932with each other and to agree together to enter into agreements
933with a landowner, developer, or governmental agency as may be
934necessary or desirable to effectuate the provisions and purposes
935of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
936and 163.3248. It is the Legislature's intent that joint
937agreements entered into under the authority of this section be
938liberally, broadly, and flexibly construed to facilitate
939intergovernmental cooperation between cities and counties and to
940encourage planning in advance of jurisdictional changes. Joint
941agreements, executed before or after the effective date of this
942act, include, but are not limited to, agreements that
943contemplate municipal adoption of plans or plan amendments for
944lands in advance of annexation of such lands into the
945municipality, and may permit municipalities and counties to
946exercise nonexclusive extrajurisdictional authority within
947incorporated and unincorporated areas. The state land planning
948agency may not interpret, invalidate, or declare inoperative
949such joint agreements, and the validity of joint agreements may
950not be a basis for finding plans or plan amendments not in
951compliance pursuant to chapter law.
952     Section 10.  Subsection (1) of section 163.3174, Florida
953Statutes, is amended to read:
954     163.3174  Local planning agency.-
955     (1)  The governing body of each local government,
956individually or in combination as provided in s. 163.3171, shall
957designate and by ordinance establish a "local planning agency,"
958unless the agency is otherwise established by law.
959Notwithstanding any special act to the contrary, all local
960planning agencies or equivalent agencies that first review
961rezoning and comprehensive plan amendments in each municipality
962and county shall include a representative of the school district
963appointed by the school board as a nonvoting member of the local
964planning agency or equivalent agency to attend those meetings at
965which the agency considers comprehensive plan amendments and
966rezonings that would, if approved, increase residential density
967on the property that is the subject of the application. However,
968this subsection does not prevent the governing body of the local
969government from granting voting status to the school board
970member. The governing body may designate itself as the local
971planning agency pursuant to this subsection with the addition of
972a nonvoting school board representative. The governing body
973shall notify the state land planning agency of the establishment
974of its local planning agency. All local planning agencies shall
975provide opportunities for involvement by applicable community
976college boards, which may be accomplished by formal
977representation, membership on technical advisory committees, or
978other appropriate means. The local planning agency shall prepare
979the comprehensive plan or plan amendment after hearings to be
980held after public notice and shall make recommendations to the
981governing body regarding the adoption or amendment of the plan.
982The agency may be a local planning commission, the planning
983department of the local government, or other instrumentality,
984including a countywide planning entity established by special
985act or a council of local government officials created pursuant
986to s. 163.02, provided the composition of the council is fairly
987representative of all the governing bodies in the county or
988planning area; however:
989     (a)  If a joint planning entity is in existence on the
990effective date of this act which authorizes the governing bodies
991to adopt and enforce a land use plan effective throughout the
992joint planning area, that entity shall be the agency for those
993local governments until such time as the authority of the joint
994planning entity is modified by law.
995     (b)  In the case of chartered counties, the planning
996responsibility between the county and the several municipalities
997therein shall be as stipulated in the charter.
998     Section 11.  Subsections (5), (6), and (9) of section
999163.3175, Florida Statutes, are amended to read:
1000     163.3175  Legislative findings on compatibility of
1001development with military installations; exchange of information
1002between local governments and military installations.-
1003     (5)  The commanding officer or his or her designee may
1004provide comments to the affected local government on the impact
1005such proposed changes may have on the mission of the military
1006installation. Such comments may include:
1007     (a)  If the installation has an airfield, whether such
1008proposed changes will be incompatible with the safety and noise
1009standards contained in the Air Installation Compatible Use Zone
1010(AICUZ) adopted by the military installation for that airfield;
1011     (b)  Whether such changes are incompatible with the
1012Installation Environmental Noise Management Program (IENMP) of
1013the United States Army;
1014     (c)  Whether such changes are incompatible with the
1015findings of a Joint Land Use Study (JLUS) for the area if one
1016has been completed; and
1017     (d)  Whether the military installation's mission will be
1018adversely affected by the proposed actions of the county or
1019affected local government.
1020
1021The commanding officer's comments, underlying studies, and
1022reports are not binding on the local government.
1023     (6)  The affected local government shall take into
1024consideration any comments provided by the commanding officer or
1025his or her designee pursuant to subsection (4) and must also be
1026sensitive to private property rights and not be unduly
1027restrictive on those rights. The affected local government shall
1028forward a copy of any comments regarding comprehensive plan
1029amendments to the state land planning agency.
1030     (9)  If a local government, as required under s.
1031163.3177(6)(a), does not adopt criteria and address
1032compatibility of lands adjacent to or closely proximate to
1033existing military installations in its future land use plan
1034element by June 30, 2012, the local government, the military
1035installation, the state land planning agency, and other parties
1036as identified by the regional planning council, including, but
1037not limited to, private landowner representatives, shall enter
1038into mediation conducted pursuant to s. 186.509. If the local
1039government comprehensive plan does not contain criteria
1040addressing compatibility by December 31, 2013, the agency may
1041notify the Administration Commission. The Administration
1042Commission may impose sanctions pursuant to s. 163.3184(8)(11).
1043Any local government that amended its comprehensive plan to
1044address military installation compatibility requirements after
10452004 and was found to be in compliance is deemed to be in
1046compliance with this subsection until the local government
1047conducts its evaluation and appraisal review pursuant to s.
1048163.3191 and determines that amendments are necessary to meet
1049updated general law requirements.
1050     Section 12.  Section 163.3177, Florida Statutes, is amended
1051to read:
1052     163.3177  Required and optional elements of comprehensive
1053plan; studies and surveys.-
1054     (1)  The comprehensive plan shall provide the consist of
1055materials in such descriptive form, written or graphic, as may
1056be appropriate to the prescription of principles, guidelines,
1057and standards, and strategies for the orderly and balanced
1058future economic, social, physical, environmental, and fiscal
1059development of the area that reflects community commitments to
1060implement the plan and its elements. These principles and
1061strategies shall guide future decisions in a consistent manner
1062and shall contain programs and activities to ensure
1063comprehensive plans are implemented. The sections of the
1064comprehensive plan containing the principles and strategies,
1065generally provided as goals, objectives, and policies, shall
1066describe how the local government's programs, activities, and
1067land development regulations will be initiated, modified, or
1068continued to implement the comprehensive plan in a consistent
1069manner. It is not the intent of this part to require the
1070inclusion of implementing regulations in the comprehensive plan
1071but rather to require identification of those programs,
1072activities, and land development regulations that will be part
1073of the strategy for implementing the comprehensive plan and the
1074principles that describe how the programs, activities, and land
1075development regulations will be carried out. The plan shall
1076establish meaningful and predictable standards for the use and
1077development of land and provide meaningful guidelines for the
1078content of more detailed land development and use regulations.
1079     (a)  The comprehensive plan shall consist of elements as
1080described in this section, and may include optional elements.
1081     (b)  A local government may include, as part of its adopted
1082plan, documents adopted by reference but not incorporated
1083verbatim into the plan. The adoption by reference must identify
1084the title and author of the document and indicate clearly what
1085provisions and edition of the document is being adopted.
1086     (c)  The format of these principles and guidelines is at
1087the discretion of the local government, but typically is
1088expressed in goals, objectives, policies, and strategies.
1089     (d)  The comprehensive plan shall identify procedures for
1090monitoring, evaluating, and appraising implementation of the
1091plan.
1092     (e)  When a federal, state, or regional agency has
1093implemented a regulatory program, a local government is not
1094required to duplicate or exceed that regulatory program in its
1095local comprehensive plan.
1096     (f)  All mandatory and optional elements of the
1097comprehensive plan and plan amendments shall be based upon
1098relevant and appropriate data and an analysis by the local
1099government that may include, but not be limited to, surveys,
1100studies, community goals and vision, and other data available at
1101the time of adoption of the comprehensive plan or plan
1102amendment. To be based on data means to react to it in an
1103appropriate way and to the extent necessary indicated by the
1104data available on that particular subject at the time of
1105adoption of the plan or plan amendment at issue.
1106     1.  Surveys, studies, and data utilized in the preparation
1107of the comprehensive plan may not be deemed a part of the
1108comprehensive plan unless adopted as a part of it. Copies of
1109such studies, surveys, data, and supporting documents for
1110proposed plans and plan amendments shall be made available for
1111public inspection, and copies of such plans shall be made
1112available to the public upon payment of reasonable charges for
1113reproduction. Support data or summaries are not subject to the
1114compliance review process, but the comprehensive plan must be
1115clearly based on appropriate data. Support data or summaries may
1116be used to aid in the determination of compliance and
1117consistency.
1118     2.  Data must be taken from professionally accepted
1119sources. The application of a methodology utilized in data
1120collection or whether a particular methodology is professionally
1121accepted may be evaluated. However, the evaluation may not
1122include whether one accepted methodology is better than another.
1123Original data collection by local governments is not required.
1124However, local governments may use original data so long as
1125methodologies are professionally accepted.
1126     3.  The comprehensive plan shall be based upon permanent
1127and seasonal population estimates and projections, which shall
1128either be those provided by the University of Florida's Bureau
1129of Economic and Business Research or generated by the local
1130government based upon a professionally acceptable methodology.
1131The plan must be based on at least the minimum amount of land
1132required to accommodate the medium projections of the University
1133of Florida's Bureau of Economic and Business Research for at
1134least a 10-year planning period unless otherwise limited under
1135s. 380.05, including related rules of the Administration
1136Commission.
1137     (2)  Coordination of the several elements of the local
1138comprehensive plan shall be a major objective of the planning
1139process. The several elements of the comprehensive plan shall be
1140consistent. Where data is relevant to several elements,
1141consistent data shall be used, including population estimates
1142and projections unless alternative data can be justified for a
1143plan amendment through new supporting data and analysis. Each
1144map depicting future conditions must reflect the principles,
1145guidelines, and standards within all elements and each such map
1146must be contained within the comprehensive plan, and the
1147comprehensive plan shall be financially feasible. Financial
1148feasibility shall be determined using professionally accepted
1149methodologies and applies to the 5-year planning period, except
1150in the case of a long-term transportation or school concurrency
1151management system, in which case a 10-year or 15-year period
1152applies.
1153     (3)(a)  The comprehensive plan shall contain a capital
1154improvements element designed to consider the need for and the
1155location of public facilities in order to encourage the
1156efficient use of such facilities and set forth:
1157     1.  A component that outlines principles for construction,
1158extension, or increase in capacity of public facilities, as well
1159as a component that outlines principles for correcting existing
1160public facility deficiencies, which are necessary to implement
1161the comprehensive plan. The components shall cover at least a 5-
1162year period.
1163     2.  Estimated public facility costs, including a
1164delineation of when facilities will be needed, the general
1165location of the facilities, and projected revenue sources to
1166fund the facilities.
1167     3.  Standards to ensure the availability of public
1168facilities and the adequacy of those facilities to meet
1169established including acceptable levels of service.
1170     4.  Standards for the management of debt.
1171     4.5.  A schedule of capital improvements which includes any
1172publicly funded projects of federal, state, or local government,
1173and which may include privately funded projects for which the
1174local government has no fiscal responsibility. Projects,
1175necessary to ensure that any adopted level-of-service standards
1176are achieved and maintained for the 5-year period must be
1177identified as either funded or unfunded and given a level of
1178priority for funding. For capital improvements that will be
1179funded by the developer, financial feasibility shall be
1180demonstrated by being guaranteed in an enforceable development
1181agreement or interlocal agreement pursuant to paragraph (10)(h),
1182or other enforceable agreement. These development agreements and
1183interlocal agreements shall be reflected in the schedule of
1184capital improvements if the capital improvement is necessary to
1185serve development within the 5-year schedule. If the local
1186government uses planned revenue sources that require referenda
1187or other actions to secure the revenue source, the plan must, in
1188the event the referenda are not passed or actions do not secure
1189the planned revenue source, identify other existing revenue
1190sources that will be used to fund the capital projects or
1191otherwise amend the plan to ensure financial feasibility.
1192     5.6.  The schedule must include transportation improvements
1193included in the applicable metropolitan planning organization's
1194transportation improvement program adopted pursuant to s.
1195339.175(8) to the extent that such improvements are relied upon
1196to ensure concurrency and financial feasibility. The schedule
1197must also be coordinated with the applicable metropolitan
1198planning organization's long-range transportation plan adopted
1199pursuant to s. 339.175(7).
1200     (b)1.  The capital improvements element must be reviewed by
1201the local government on an annual basis. Modifications and
1202modified as necessary in accordance with s. 163.3187 or s.
1203163.3189 in order to update the maintain a financially feasible
12045-year capital improvement schedule of capital improvements.
1205Corrections and modifications concerning costs; revenue sources;
1206or acceptance of facilities pursuant to dedications which are
1207consistent with the plan may be accomplished by ordinance and
1208may shall not be deemed to be amendments to the local
1209comprehensive plan. A copy of the ordinance shall be transmitted
1210to the state land planning agency. An amendment to the
1211comprehensive plan is required to update the schedule on an
1212annual basis or to eliminate, defer, or delay the construction
1213for any facility listed in the 5-year schedule. All public
1214facilities must be consistent with the capital improvements
1215element. The annual update to the capital improvements element
1216of the comprehensive plan need not comply with the financial
1217feasibility requirement until December 1, 2011. Thereafter, a
1218local government may not amend its future land use map, except
1219for plan amendments to meet new requirements under this part and
1220emergency amendments pursuant to s. 163.3187(1)(a), after
1221December 1, 2011, and every year thereafter, unless and until
1222the local government has adopted the annual update and it has
1223been transmitted to the state land planning agency.
1224     2.  Capital improvements element amendments adopted after
1225the effective date of this act shall require only a single
1226public hearing before the governing board which shall be an
1227adoption hearing as described in s. 163.3184(7). Such amendments
1228are not subject to the requirements of s. 163.3184(3)-(6).
1229     (c)  If the local government does not adopt the required
1230annual update to the schedule of capital improvements, the state
1231land planning agency must notify the Administration Commission.
1232A local government that has a demonstrated lack of commitment to
1233meeting its obligations identified in the capital improvements
1234element may be subject to sanctions by the Administration
1235Commission pursuant to s. 163.3184(11).
1236     (d)  If a local government adopts a long-term concurrency
1237management system pursuant to s. 163.3180(9), it must also adopt
1238a long-term capital improvements schedule covering up to a 10-
1239year or 15-year period, and must update the long-term schedule
1240annually. The long-term schedule of capital improvements must be
1241financially feasible.
1242     (e)  At the discretion of the local government and
1243notwithstanding the requirements of this subsection, a
1244comprehensive plan, as revised by an amendment to the plan's
1245future land use map, shall be deemed to be financially feasible
1246and to have achieved and maintained level-of-service standards
1247as required by this section with respect to transportation
1248facilities if the amendment to the future land use map is
1249supported by a:
1250     1.  Condition in a development order for a development of
1251regional impact or binding agreement that addresses
1252proportionate-share mitigation consistent with s. 163.3180(12);
1253or
1254     2.  Binding agreement addressing proportionate fair-share
1255mitigation consistent with s. 163.3180(16)(f) and the property
1256subject to the amendment to the future land use map is located
1257within an area designated in a comprehensive plan for urban
1258infill, urban redevelopment, downtown revitalization, urban
1259infill and redevelopment, or an urban service area. The binding
1260agreement must be based on the maximum amount of development
1261identified by the future land use map amendment or as may be
1262otherwise restricted through a special area plan policy or map
1263notation in the comprehensive plan.
1264     (f)  A local government's comprehensive plan and plan
1265amendments for land uses within all transportation concurrency
1266exception areas that are designated and maintained in accordance
1267with s. 163.3180(5) shall be deemed to meet the requirement to
1268achieve and maintain level-of-service standards for
1269transportation.
1270     (4)(a)  Coordination of the local comprehensive plan with
1271the comprehensive plans of adjacent municipalities, the county,
1272adjacent counties, or the region; with the appropriate water
1273management district's regional water supply plans approved
1274pursuant to s. 373.709; and with adopted rules pertaining to
1275designated areas of critical state concern; and with the state
1276comprehensive plan shall be a major objective of the local
1277comprehensive planning process. To that end, in the preparation
1278of a comprehensive plan or element thereof, and in the
1279comprehensive plan or element as adopted, the governing body
1280shall include a specific policy statement indicating the
1281relationship of the proposed development of the area to the
1282comprehensive plans of adjacent municipalities, the county,
1283adjacent counties, or the region and to the state comprehensive
1284plan, as the case may require and as such adopted plans or plans
1285in preparation may exist.
1286     (b)  When all or a portion of the land in a local
1287government jurisdiction is or becomes part of a designated area
1288of critical state concern, the local government shall clearly
1289identify those portions of the local comprehensive plan that
1290shall be applicable to the critical area and shall indicate the
1291relationship of the proposed development of the area to the
1292rules for the area of critical state concern.
1293     (5)(a)  Each local government comprehensive plan must
1294include at least two planning periods, one covering at least the
1295first 5-year period occurring after the plan's adoption and one
1296covering at least a 10-year period. Additional planning periods
1297for specific components, elements, land use amendments, or
1298projects shall be permissible and accepted as part of the
1299planning process.
1300     (b)  The comprehensive plan and its elements shall contain
1301guidelines or policies policy recommendations for the
1302implementation of the plan and its elements.
1303     (6)  In addition to the requirements of subsections (1)-(5)
1304and (12), the comprehensive plan shall include the following
1305elements:
1306     (a)  A future land use plan element designating proposed
1307future general distribution, location, and extent of the uses of
1308land for residential uses, commercial uses, industry,
1309agriculture, recreation, conservation, education, public
1310buildings and grounds, other public facilities, and other
1311categories of the public and private uses of land. The
1312approximate acreage and the general range of density or
1313intensity of use shall be provided for the gross land area
1314included in each existing land use category. The element shall
1315establish the long-term end toward which land use programs and
1316activities are ultimately directed. Counties are encouraged to
1317designate rural land stewardship areas, pursuant to paragraph
1318(11)(d), as overlays on the future land use map.
1319     1.  Each future land use category must be defined in terms
1320of uses included, and must include standards to be followed in
1321the control and distribution of population densities and
1322building and structure intensities. The proposed distribution,
1323location, and extent of the various categories of land use shall
1324be shown on a land use map or map series which shall be
1325supplemented by goals, policies, and measurable objectives.
1326     2.  The future land use plan and plan amendments shall be
1327based upon surveys, studies, and data regarding the area, as
1328applicable, including:
1329     a.  The amount of land required to accommodate anticipated
1330growth.;
1331     b.  The projected permanent and seasonal population of the
1332area.;
1333     c.  The character of undeveloped land.;
1334     d.  The availability of water supplies, public facilities,
1335and services.;
1336     e.  The need for redevelopment, including the renewal of
1337blighted areas and the elimination of nonconforming uses which
1338are inconsistent with the character of the community.;
1339     f.  The compatibility of uses on lands adjacent to or
1340closely proximate to military installations.;
1341     g.  The compatibility of uses on lands adjacent to an
1342airport as defined in s. 330.35 and consistent with s. 333.02.;
1343     h.  The discouragement of urban sprawl.; energy-efficient
1344land use patterns accounting for existing and future electric
1345power generation and transmission systems; greenhouse gas
1346reduction strategies; and, in rural communities,
1347     i.  The need for job creation, capital investment, and
1348economic development that will strengthen and diversify the
1349community's economy.
1350     j.  The need to modify land uses and development patterns
1351within antiquated subdivisions. The future land use plan may
1352designate areas for future planned development use involving
1353combinations of types of uses for which special regulations may
1354be necessary to ensure development in accord with the principles
1355and standards of the comprehensive plan and this act.
1356     3.  The future land use plan element shall include criteria
1357to be used to:
1358     a.  Achieve the compatibility of lands adjacent or closely
1359proximate to military installations, considering factors
1360identified in s. 163.3175(5)., and
1361     b.  Achieve the compatibility of lands adjacent to an
1362airport as defined in s. 330.35 and consistent with s. 333.02.
1363     c.  Encourage preservation of recreational and commercial
1364working waterfronts for water dependent uses in coastal
1365communities.
1366     d.  Encourage the location of schools proximate to urban
1367residential areas to the extent possible.
1368     e.  Coordinate future land uses with the topography and
1369soil conditions, and the availability of facilities and
1370services.
1371     f.  Ensure the protection of natural and historic
1372resources.
1373     g.  Provide for the compatibility of adjacent land uses.
1374     h.  Provide guidelines for the implementation of mixed use
1375development including the types of uses allowed, the percentage
1376distribution among the mix of uses, or other standards, and the
1377density and intensity of each use.
1378     4.  In addition, for rural communities, The amount of land
1379designated for future planned uses industrial use shall provide
1380a balance of uses that foster vibrant, viable communities and
1381economic development opportunities and address outdated
1382development patterns, such as antiquated subdivisions. The
1383amount of land designated for future land uses should allow the
1384operation of real estate markets to provide adequate choices for
1385permanent and seasonal residents and business and be based upon
1386surveys and studies that reflect the need for job creation,
1387capital investment, and the necessity to strengthen and
1388diversify the local economies, and may not be limited solely by
1389the projected population of the rural community. The element
1390shall accommodate at least the minimum amount of land required
1391to accommodate the medium projections of the University of
1392Florida's Bureau of Economic and Business Research for at least
1393a 10-year planning period unless otherwise limited under s.
1394380.05, including related rules of the Administration
1395Commission.
1396     5.  The future land use plan of a county may also designate
1397areas for possible future municipal incorporation.
1398     6.  The land use maps or map series shall generally
1399identify and depict historic district boundaries and shall
1400designate historically significant properties meriting
1401protection. For coastal counties, the future land use element
1402must include, without limitation, regulatory incentives and
1403criteria that encourage the preservation of recreational and
1404commercial working waterfronts as defined in s. 342.07.
1405     7.  The future land use element must clearly identify the
1406land use categories in which public schools are an allowable
1407use. When delineating the land use categories in which public
1408schools are an allowable use, a local government shall include
1409in the categories sufficient land proximate to residential
1410development to meet the projected needs for schools in
1411coordination with public school boards and may establish
1412differing criteria for schools of different type or size. Each
1413local government shall include lands contiguous to existing
1414school sites, to the maximum extent possible, within the land
1415use categories in which public schools are an allowable use. The
1416failure by a local government to comply with these school siting
1417requirements will result in the prohibition of the local
1418government's ability to amend the local comprehensive plan,
1419except for plan amendments described in s. 163.3187(1)(b), until
1420the school siting requirements are met. Amendments proposed by a
1421local government for purposes of identifying the land use
1422categories in which public schools are an allowable use are
1423exempt from the limitation on the frequency of plan amendments
1424contained in s. 163.3187. The future land use element shall
1425include criteria that encourage the location of schools
1426proximate to urban residential areas to the extent possible and
1427shall require that the local government seek to collocate public
1428facilities, such as parks, libraries, and community centers,
1429with schools to the extent possible and to encourage the use of
1430elementary schools as focal points for neighborhoods. For
1431schools serving predominantly rural counties, defined as a
1432county with a population of 100,000 or fewer, an agricultural
1433land use category is eligible for the location of public school
1434facilities if the local comprehensive plan contains school
1435siting criteria and the location is consistent with such
1436criteria.
1437     8.  Future land use map amendments shall be based upon the
1438following analyses:
1439     a.  An analysis of the availability of facilities and
1440services.
1441     b.  An analysis of the suitability of the plan amendment
1442for its proposed use considering the character of the
1443undeveloped land, soils, topography, natural resources, and
1444historic resources on site.
1445     c.  An analysis of the minimum amount of land needed as
1446determined by the local government.
1447     9.  The future land use element and any amendment to the
1448future land use element shall discourage the proliferation of
1449urban sprawl.
1450     a.  The primary indicators that a plan or plan amendment
1451does not discourage the proliferation of urban sprawl are listed
1452below. The evaluation of the presence of these indicators shall
1453consist of an analysis of the plan or plan amendment within the
1454context of features and characteristics unique to each locality
1455in order to determine whether the plan or plan amendment:
1456     (I)  Promotes, allows, or designates for development
1457substantial areas of the jurisdiction to develop as low-
1458intensity, low-density, or single-use development or uses.
1459     (II)  Promotes, allows, or designates significant amounts
1460of urban development to occur in rural areas at substantial
1461distances from existing urban areas while not using undeveloped
1462lands that are available and suitable for development.
1463     (III)  Promotes, allows, or designates urban development in
1464radial, strip, isolated, or ribbon patterns generally emanating
1465from existing urban developments.
1466     (IV)  Fails to adequately protect and conserve natural
1467resources, such as wetlands, floodplains, native vegetation,
1468environmentally sensitive areas, natural groundwater aquifer
1469recharge areas, lakes, rivers, shorelines, beaches, bays,
1470estuarine systems, and other significant natural systems.
1471     (V)  Fails to adequately protect adjacent agricultural
1472areas and activities, including silviculture, active
1473agricultural and silvicultural activities, passive agricultural
1474activities, and dormant, unique, and prime farmlands and soils.
1475     (VI)  Fails to maximize use of existing public facilities
1476and services.
1477     (VII)  Fails to maximize use of future public facilities
1478and services.
1479     (VIII)  Allows for land use patterns or timing which
1480disproportionately increase the cost in time, money, and energy
1481of providing and maintaining facilities and services, including
1482roads, potable water, sanitary sewer, stormwater management, law
1483enforcement, education, health care, fire and emergency
1484response, and general government.
1485     (IX)  Fails to provide a clear separation between rural and
1486urban uses.
1487     (X)  Discourages or inhibits infill development or the
1488redevelopment of existing neighborhoods and communities.
1489     (XI)  Fails to encourage a functional mix of uses.
1490     (XII)  Results in poor accessibility among linked or
1491related land uses.
1492     (XIII)  Results in the loss of significant amounts of
1493functional open space.
1494     b.  The future land use element or plan amendment shall be
1495determined to discourage the proliferation of urban sprawl if it
1496incorporates a development pattern or urban form that achieves
1497four or more of the following:
1498     (I)  Directs or locates economic growth and associated land
1499development to geographic areas of the community in a manner
1500that does not have an adverse impact on and protects natural
1501resources and ecosystems.
1502     (II)  Promotes the efficient and cost-effective provision
1503or extension of public infrastructure and services.
1504     (III)  Promotes walkable and connected communities and
1505provides for compact development and a mix of uses at densities
1506and intensities that will support a range of housing choices and
1507a multimodal transportation system, including pedestrian,
1508bicycle, and transit, if available.
1509     (IV)  Promotes conservation of water and energy.
1510     (V)  Preserves agricultural areas and activities, including
1511silviculture, and dormant, unique, and prime farmlands and
1512soils.
1513     (VI)  Preserves open space and natural lands and provides
1514for public open space and recreation needs.
1515     (VII)  Creates a balance of land uses based upon demands of
1516residential population for the nonresidential needs of an area.
1517     (VIII)  Provides uses, densities, and intensities of use
1518and urban form that would remediate an existing or planned
1519development pattern in the vicinity that constitutes sprawl or
1520if it provides for an innovative development pattern such as
1521transit-oriented developments or new towns as defined in s.
1522163.3164.
1523     10.  The future land use element shall include a future
1524land use map or map series.
1525     a.  The proposed distribution, extent, and location of the
1526following uses shall be shown on the future land use map or map
1527series:
1528     (I)  Residential.
1529     (II)  Commercial.
1530     (III)  Industrial.
1531     (IV)  Agricultural.
1532     (V)  Recreational.
1533     (VI)  Conservation.
1534     (VII)  Educational.
1535     (VIII)  Public.
1536     b.  The following areas shall also be shown on the future
1537land use map or map series, if applicable:
1538     (I)  Historic district boundaries and designated
1539historically significant properties.
1540     (II)  Transportation concurrency management area boundaries
1541or transportation concurrency exception area boundaries.
1542     (III)  Multimodal transportation district boundaries.
1543     (IV)  Mixed use categories.
1544     c.  The following natural resources or conditions shall be
1545shown on the future land use map or map series, if applicable:
1546     (I)  Existing and planned public potable waterwells, cones
1547of influence, and wellhead protection areas.
1548     (II)  Beaches and shores, including estuarine systems.
1549     (III)  Rivers, bays, lakes, floodplains, and harbors.
1550     (IV)  Wetlands.
1551     (V)  Minerals and soils.
1552     (VI)  Coastal high hazard areas.
1553     11.  Local governments required to update or amend their
1554comprehensive plan to include criteria and address compatibility
1555of lands adjacent or closely proximate to existing military
1556installations, or lands adjacent to an airport as defined in s.
1557330.35 and consistent with s. 333.02, in their future land use
1558plan element shall transmit the update or amendment to the state
1559land planning agency by June 30, 2012.
1560     (b)  A transportation element addressing mobility issues in
1561relationship to the size and character of the local government.
1562The purpose of the transportation element shall be to plan for a
1563multimodal transportation system that places emphasis on public
1564transportation systems, where feasible. The element shall
1565provide for a safe, convenient multimodal transportation system,
1566coordinated with the future land use map or map series and
1567designed to support all elements of the comprehensive plan. A
1568local government that has all or part of its jurisdiction
1569included within the metropolitan planning area of a metropolitan
1570planning organization (M.P.O.) pursuant to s. 339.175 shall
1571prepare and adopt a transportation element consistent with this
1572subsection. Local governments that are not located within the
1573metropolitan planning area of an M.P.O. shall address traffic
1574circulation, mass transit, and ports, and aviation and related
1575facilities consistent with this subsection, except that local
1576governments with a population of 50,000 or less shall only be
1577required to address transportation circulation. The element
1578shall be coordinated with the plans and programs of any
1579applicable metropolitan planning organization, transportation
1580authority, Florida Transportation Plan, and Department of
1581Transportation's adopted work program.
1582     1.  Each local government's transportation element shall
1583address
1584     (b)  A traffic circulation, including element consisting of
1585the types, locations, and extent of existing and proposed major
1586thoroughfares and transportation routes, including bicycle and
1587pedestrian ways. Transportation corridors, as defined in s.
1588334.03, may be designated in the transportation traffic
1589circulation element pursuant to s. 337.273. If the
1590transportation corridors are designated, the local government
1591may adopt a transportation corridor management ordinance. The
1592element shall include a map or map series showing the general
1593location of the existing and proposed transportation system
1594features and shall be coordinated with the future land use map
1595or map series. The element shall reflect the data, analysis, and
1596associated principles and strategies relating to:
1597     a.  The existing transportation system levels of service
1598and system needs and the availability of transportation
1599facilities and services.
1600     b.  The growth trends and travel patterns and interactions
1601between land use and transportation.
1602     c.  Existing and projected intermodal deficiencies and
1603needs.
1604     d.  The projected transportation system levels of service
1605and system needs based upon the future land use map and the
1606projected integrated transportation system.
1607     e.  How the local government will correct existing facility
1608deficiencies, meet the identified needs of the projected
1609transportation system, and advance the purpose of this paragraph
1610and the other elements of the comprehensive plan.
1611     2.  Local governments within a metropolitan planning area
1612designated as an M.P.O. pursuant to s. 339.175 shall also
1613address:
1614     a.  All alternative modes of travel, such as public
1615transportation, pedestrian, and bicycle travel.
1616     b.  Aviation, rail, seaport facilities, access to those
1617facilities, and intermodal terminals.
1618     c.  The capability to evacuate the coastal population
1619before an impending natural disaster.
1620     d.  Airports, projected airport and aviation development,
1621and land use compatibility around airports, which includes areas
1622defined in ss. 333.01 and 333.02.
1623     e.  An identification of land use densities, building
1624intensities, and transportation management programs to promote
1625public transportation systems in designated public
1626transportation corridors so as to encourage population densities
1627sufficient to support such systems.
1628     3.  Municipalities having populations greater than 50,000,
1629and counties having populations greater than 75,000, shall
1630include mass-transit provisions showing proposed methods for the
1631moving of people, rights-of-way, terminals, and related
1632facilities and shall address:
1633     a.  The provision of efficient public transit services
1634based upon existing and proposed major trip generators and
1635attractors, safe and convenient public transit terminals, land
1636uses, and accommodation of the special needs of the
1637transportation disadvantaged.
1638     b.  Plans for port, aviation, and related facilities
1639coordinated with the general circulation and transportation
1640element.
1641     c.  Plans for the circulation of recreational traffic,
1642including bicycle facilities, exercise trails, riding
1643facilities, and such other matters as may be related to the
1644improvement and safety of movement of all types of recreational
1645traffic.
1646     4.  At the option of a local government, an airport master
1647plan, and any subsequent amendments to the airport master plan,
1648prepared by a licensed publicly owned and operated airport under
1649s. 333.06 may be incorporated into the local government
1650comprehensive plan by the local government having jurisdiction
1651under this act for the area in which the airport or projected
1652airport development is located by the adoption of a
1653comprehensive plan amendment. In the amendment to the local
1654comprehensive plan that integrates the airport master plan, the
1655comprehensive plan amendment shall address land use
1656compatibility consistent with chapter 333 regarding airport
1657zoning; the provision of regional transportation facilities for
1658the efficient use and operation of the transportation system and
1659airport; consistency with the local government transportation
1660circulation element and applicable M.P.O. long-range
1661transportation plans; the execution of any necessary interlocal
1662agreements for the purposes of the provision of public
1663facilities and services to maintain the adopted level-of-service
1664standards for facilities subject to concurrency; and may address
1665airport-related or aviation-related development. Development or
1666expansion of an airport consistent with the adopted airport
1667master plan that has been incorporated into the local
1668comprehensive plan in compliance with this part, and airport-
1669related or aviation-related development that has been addressed
1670in the comprehensive plan amendment that incorporates the
1671airport master plan, do not constitute a development of regional
1672impact. Notwithstanding any other general law, an airport that
1673has received a development-of-regional-impact development order
1674pursuant to s. 380.06, but which is no longer required to
1675undergo development-of-regional-impact review pursuant to this
1676subsection, may rescind its development-of-regional-impact order
1677upon written notification to the applicable local government.
1678Upon receipt by the local government, the development-of-
1679regional-impact development order shall be deemed rescinded. The
1680traffic circulation element shall incorporate transportation
1681strategies to address reduction in greenhouse gas emissions from
1682the transportation sector.
1683     (c)  A general sanitary sewer, solid waste, drainage,
1684potable water, and natural groundwater aquifer recharge element
1685correlated to principles and guidelines for future land use,
1686indicating ways to provide for future potable water, drainage,
1687sanitary sewer, solid waste, and aquifer recharge protection
1688requirements for the area. The element may be a detailed
1689engineering plan including a topographic map depicting areas of
1690prime groundwater recharge.
1691     1.  Each local government shall address in the data and
1692analyses required by this section those facilities that provide
1693service within the local government's jurisdiction. Local
1694governments that provide facilities to serve areas within other
1695local government jurisdictions shall also address those
1696facilities in the data and analyses required by this section,
1697using data from the comprehensive plan for those areas for the
1698purpose of projecting facility needs as required in this
1699subsection. For shared facilities, each local government shall
1700indicate the proportional capacity of the systems allocated to
1701serve its jurisdiction.
1702     2.  The element shall describe the problems and needs and
1703the general facilities that will be required for solution of the
1704problems and needs, including correcting existing facility
1705deficiencies. The element shall address coordinating the
1706extension of, or increase in the capacity of, facilities to meet
1707future needs while maximizing the use of existing facilities and
1708discouraging urban sprawl; conservation of potable water
1709resources; and protecting the functions of natural groundwater
1710recharge areas and natural drainage features. The element shall
1711also include a topographic map depicting any areas adopted by a
1712regional water management district as prime groundwater recharge
1713areas for the Floridan or Biscayne aquifers. These areas shall
1714be given special consideration when the local government is
1715engaged in zoning or considering future land use for said
1716designated areas. For areas served by septic tanks, soil surveys
1717shall be provided which indicate the suitability of soils for
1718septic tanks.
1719     3.  Within 18 months after the governing board approves an
1720updated regional water supply plan, the element must incorporate
1721the alternative water supply project or projects selected by the
1722local government from those identified in the regional water
1723supply plan pursuant to s. 373.709(2)(a) or proposed by the
1724local government under s. 373.709(8)(b). If a local government
1725is located within two water management districts, the local
1726government shall adopt its comprehensive plan amendment within
172718 months after the later updated regional water supply plan.
1728The element must identify such alternative water supply projects
1729and traditional water supply projects and conservation and reuse
1730necessary to meet the water needs identified in s. 373.709(2)(a)
1731within the local government's jurisdiction and include a work
1732plan, covering at least a 10-year planning period, for building
1733public, private, and regional water supply facilities, including
1734development of alternative water supplies, which are identified
1735in the element as necessary to serve existing and new
1736development. The work plan shall be updated, at a minimum, every
17375 years within 18 months after the governing board of a water
1738management district approves an updated regional water supply
1739plan. Amendments to incorporate the work plan do not count
1740toward the limitation on the frequency of adoption of amendments
1741to the comprehensive plan. Local governments, public and private
1742utilities, regional water supply authorities, special districts,
1743and water management districts are encouraged to cooperatively
1744plan for the development of multijurisdictional water supply
1745facilities that are sufficient to meet projected demands for
1746established planning periods, including the development of
1747alternative water sources to supplement traditional sources of
1748groundwater and surface water supplies.
1749     (d)  A conservation element for the conservation, use, and
1750protection of natural resources in the area, including air,
1751water, water recharge areas, wetlands, waterwells, estuarine
1752marshes, soils, beaches, shores, flood plains, rivers, bays,
1753lakes, harbors, forests, fisheries and wildlife, marine habitat,
1754minerals, and other natural and environmental resources,
1755including factors that affect energy conservation.
1756     1.  The following natural resources, where present within
1757the local government's boundaries, shall be identified and
1758analyzed and existing recreational or conservation uses, known
1759pollution problems, including hazardous wastes, and the
1760potential for conservation, recreation, use, or protection shall
1761also be identified:
1762     a.  Rivers, bays, lakes, wetlands including estuarine
1763marshes, groundwaters, and springs, including information on
1764quality of the resource available.
1765     b.  Floodplains.
1766     c.  Known sources of commercially valuable minerals.
1767     d.  Areas known to have experienced soil erosion problems.
1768     e.  Areas that are the location of recreationally and
1769commercially important fish or shellfish, wildlife, marine
1770habitats, and vegetative communities, including forests,
1771indicating known dominant species present and species listed by
1772federal, state, or local government agencies as endangered,
1773threatened, or species of special concern.
1774     2.  The element must contain principles, guidelines, and
1775standards for conservation that provide long-term goals and
1776which:
1777     a.  Protects air quality.
1778     b.  Conserves, appropriately uses, and protects the quality
1779and quantity of current and projected water sources and waters
1780that flow into estuarine waters or oceanic waters and protect
1781from activities and land uses known to affect adversely the
1782quality and quantity of identified water sources, including
1783natural groundwater recharge areas, wellhead protection areas,
1784and surface waters used as a source of public water supply.
1785     c.  Provides for the emergency conservation of water
1786sources in accordance with the plans of the regional water
1787management district.
1788     d.  Conserves, appropriately uses, and protects minerals,
1789soils, and native vegetative communities, including forests,
1790from destruction by development activities.
1791     e.  Conserves, appropriately uses, and protects fisheries,
1792wildlife, wildlife habitat, and marine habitat and restricts
1793activities known to adversely affect the survival of endangered
1794and threatened wildlife.
1795     f.  Protects existing natural reservations identified in
1796the recreation and open space element.
1797     g.  Maintains cooperation with adjacent local governments
1798to conserve, appropriately use, or protect unique vegetative
1799communities located within more than one local jurisdiction.
1800     h.  Designates environmentally sensitive lands for
1801protection based on locally determined criteria which further
1802the goals and objectives of the conservation element.
1803     i.  Manages hazardous waste to protect natural resources.
1804     j.  Protects and conserves wetlands and the natural
1805functions of wetlands.
1806     k.  Directs future land uses that are incompatible with the
1807protection and conservation of wetlands and wetland functions
1808away from wetlands. The type, intensity or density, extent,
1809distribution, and location of allowable land uses and the types,
1810values, functions, sizes, conditions, and locations of wetlands
1811are land use factors that shall be considered when directing
1812incompatible land uses away from wetlands. Land uses shall be
1813distributed in a manner that minimizes the effect and impact on
1814wetlands. The protection and conservation of wetlands by the
1815direction of incompatible land uses away from wetlands shall
1816occur in combination with other principles, guidelines,
1817standards, and strategies in the comprehensive plan. Where
1818incompatible land uses are allowed to occur, mitigation shall be
1819considered as one means to compensate for loss of wetlands
1820functions.
1821     3.  Local governments shall assess their Current and, as
1822well as projected, water needs and sources for at least a 10-
1823year period based on the demands for industrial, agricultural,
1824and potable water use and the quality and quantity of water
1825available to meet these demands shall be analyzed.  The analysis
1826shall consider the existing levels of water conservation, use,
1827and protection and applicable policies of the regional water
1828management district and further must consider, considering the
1829appropriate regional water supply plan approved pursuant to s.
1830373.709, or, in the absence of an approved regional water supply
1831plan, the district water management plan approved pursuant to s.
1832373.036(2). This information shall be submitted to the
1833appropriate agencies. The land use map or map series contained
1834in the future land use element shall generally identify and
1835depict the following:
1836     1.  Existing and planned waterwells and cones of influence
1837where applicable.
1838     2.  Beaches and shores, including estuarine systems.
1839     3.  Rivers, bays, lakes, flood plains, and harbors.
1840     4.  Wetlands.
1841     5.  Minerals and soils.
1842     6.  Energy conservation.
1843
1844The land uses identified on such maps shall be consistent with
1845applicable state law and rules.
1846     (e)  A recreation and open space element indicating a
1847comprehensive system of public and private sites for recreation,
1848including, but not limited to, natural reservations, parks and
1849playgrounds, parkways, beaches and public access to beaches,
1850open spaces, waterways, and other recreational facilities.
1851     (f)1.  A housing element consisting of standards, plans,
1852and principles, guidelines, standards, and strategies to be
1853followed in:
1854     a.  The provision of housing for all current and
1855anticipated future residents of the jurisdiction.
1856     b.  The elimination of substandard dwelling conditions.
1857     c.  The structural and aesthetic improvement of existing
1858housing.
1859     d.  The provision of adequate sites for future housing,
1860including affordable workforce housing as defined in s.
1861380.0651(3)(h)(j), housing for low-income, very low-income, and
1862moderate-income families, mobile homes, and group home
1863facilities and foster care facilities, with supporting
1864infrastructure and public facilities.
1865     e.  Provision for relocation housing and identification of
1866historically significant and other housing for purposes of
1867conservation, rehabilitation, or replacement.
1868     f.  The formulation of housing implementation programs.
1869     g.  The creation or preservation of affordable housing to
1870minimize the need for additional local services and avoid the
1871concentration of affordable housing units only in specific areas
1872of the jurisdiction.
1873     h.  Energy efficiency in the design and construction of new
1874housing.
1875     i.  Use of renewable energy resources.
1876     j.  Each county in which the gap between the buying power
1877of a family of four and the median county home sale price
1878exceeds $170,000, as determined by the Florida Housing Finance
1879Corporation, and which is not designated as an area of critical
1880state concern shall adopt a plan for ensuring affordable
1881workforce housing. At a minimum, the plan shall identify
1882adequate sites for such housing. For purposes of this sub-
1883subparagraph, the term "workforce housing" means housing that is
1884affordable to natural persons or families whose total household
1885income does not exceed 140 percent of the area median income,
1886adjusted for household size.
1887     k.  As a precondition to receiving any state affordable
1888housing funding or allocation for any project or program within
1889the jurisdiction of a county that is subject to sub-subparagraph
1890j., a county must, by July 1 of each year, provide certification
1891that the county has complied with the requirements of sub-
1892subparagraph j.
1893     2.  The principles, guidelines, standards, and strategies
1894goals, objectives, and policies of the housing element must be
1895based on the data and analysis prepared on housing needs,
1896including an inventory taken from the latest decennial United
1897States Census or more recent estimates, which shall include the
1898number and distribution of dwelling units by type, tenure, age,
1899rent, value, monthly cost of owner-occupied units, and rent or
1900cost to income ratio, and shall show the number of dwelling
1901units that are substandard. The inventory shall also include the
1902methodology used to estimate the condition of housing, a
1903projection of the anticipated number of households by size,
1904income range, and age of residents derived from the population
1905projections, and the minimum housing need of the current and
1906anticipated future residents of the jurisdiction the affordable
1907housing needs assessment.
1908     3.  The housing element must express principles,
1909guidelines, standards, and strategies that reflect, as needed,
1910the creation and preservation of affordable housing for all
1911current and anticipated future residents of the jurisdiction,
1912elimination of substandard housing conditions, adequate sites,
1913and distribution of housing for a range of incomes and types,
1914including mobile and manufactured homes. The element must
1915provide for specific programs and actions to partner with
1916private and nonprofit sectors to address housing needs in the
1917jurisdiction, streamline the permitting process, and minimize
1918costs and delays for affordable housing, establish standards to
1919address the quality of housing, stabilization of neighborhoods,
1920and identification and improvement of historically significant
1921housing.
1922     4.  State and federal housing plans prepared on behalf of
1923the local government must be consistent with the goals,
1924objectives, and policies of the housing element. Local
1925governments are encouraged to use job training, job creation,
1926and economic solutions to address a portion of their affordable
1927housing concerns.
1928     2.  To assist local governments in housing data collection
1929and analysis and assure uniform and consistent information
1930regarding the state's housing needs, the state land planning
1931agency shall conduct an affordable housing needs assessment for
1932all local jurisdictions on a schedule that coordinates the
1933implementation of the needs assessment with the evaluation and
1934appraisal reports required by s. 163.3191. Each local government
1935shall utilize the data and analysis from the needs assessment as
1936one basis for the housing element of its local comprehensive
1937plan. The agency shall allow a local government the option to
1938perform its own needs assessment, if it uses the methodology
1939established by the agency by rule.
1940     (g)1.  For those units of local government identified in s.
1941380.24, a coastal management element, appropriately related to
1942the particular requirements of paragraphs (d) and (e) and
1943meeting the requirements of s. 163.3178(2) and (3). The coastal
1944management element shall set forth the principles, guidelines,
1945standards, and strategies policies that shall guide the local
1946government's decisions and program implementation with respect
1947to the following objectives:
1948     1.a.  Maintain, restore, and enhance Maintenance,
1949restoration, and enhancement of the overall quality of the
1950coastal zone environment, including, but not limited to, its
1951amenities and aesthetic values.
1952     2.b.  Preserve the continued existence of viable
1953populations of all species of wildlife and marine life.
1954     3.c.  Protect the orderly and balanced utilization and
1955preservation, consistent with sound conservation principles, of
1956all living and nonliving coastal zone resources.
1957     4.d.  Avoid Avoidance of irreversible and irretrievable
1958loss of coastal zone resources.
1959     5.e.  Use ecological planning principles and assumptions to
1960be used in the determination of the suitability and extent of
1961permitted development.
1962     f.  Proposed management and regulatory techniques.
1963     6.g.  Limit Limitation of public expenditures that
1964subsidize development in high-hazard coastal high-hazard areas.
1965     7.h.  Protect Protection of human life against the effects
1966of natural disasters.
1967     8.i.  Direct the orderly development, maintenance, and use
1968of ports identified in s. 403.021(9) to facilitate deepwater
1969commercial navigation and other related activities.
1970     9.j.  Preserve historic and archaeological resources, which
1971include the Preservation, including sensitive adaptive use of
1972these historic and archaeological resources.
1973     10.  At the option of the local government, develop an
1974adaptation action area designation for those low-lying coastal
1975zones that are experiencing coastal flooding due to extreme high
1976tides and storm surge and are vulnerable to the impacts of
1977rising sea level. Local governments that adopt an adaptation
1978action area may consider policies within the coastal management
1979element to improve resilience to coastal flooding resulting from
1980high-tide events, storm surge, flash floods, stormwater runoff,
1981and related impacts of sea level rise. Criteria for the
1982adaptation action area may include, but need not be limited to,
1983areas for which the land elevations are below, at, or near mean
1984higher high water, which have an hydrologic connection to
1985coastal waters, or which are designated as evacuation zones for
1986storm surge.
1987     2.  As part of this element, a local government that has a
1988coastal management element in its comprehensive plan is
1989encouraged to adopt recreational surface water use policies that
1990include applicable criteria for and consider such factors as
1991natural resources, manatee protection needs, protection of
1992working waterfronts and public access to the water, and
1993recreation and economic demands. Criteria for manatee protection
1994in the recreational surface water use policies should reflect
1995applicable guidance outlined in the Boat Facility Siting Guide
1996prepared by the Fish and Wildlife Conservation Commission. If
1997the local government elects to adopt recreational surface water
1998use policies by comprehensive plan amendment, such comprehensive
1999plan amendment is exempt from the provisions of s. 163.3187(1).
2000Local governments that wish to adopt recreational surface water
2001use policies may be eligible for assistance with the development
2002of such policies through the Florida Coastal Management Program.
2003The Office of Program Policy Analysis and Government
2004Accountability shall submit a report on the adoption of
2005recreational surface water use policies under this subparagraph
2006to the President of the Senate, the Speaker of the House of
2007Representatives, and the majority and minority leaders of the
2008Senate and the House of Representatives no later than December
20091, 2010.
2010     (h)1.  An intergovernmental coordination element showing
2011relationships and stating principles and guidelines to be used
2012in coordinating the adopted comprehensive plan with the plans of
2013school boards, regional water supply authorities, and other
2014units of local government providing services but not having
2015regulatory authority over the use of land, with the
2016comprehensive plans of adjacent municipalities, the county,
2017adjacent counties, or the region, with the state comprehensive
2018plan and with the applicable regional water supply plan approved
2019pursuant to s. 373.709, as the case may require and as such
2020adopted plans or plans in preparation may exist. This element of
2021the local comprehensive plan must demonstrate consideration of
2022the particular effects of the local plan, when adopted, upon the
2023development of adjacent municipalities, the county, adjacent
2024counties, or the region, or upon the state comprehensive plan,
2025as the case may require.
2026     a.  The intergovernmental coordination element must provide
2027procedures for identifying and implementing joint planning
2028areas, especially for the purpose of annexation, municipal
2029incorporation, and joint infrastructure service areas.
2030     b.  The intergovernmental coordination element must provide
2031for recognition of campus master plans prepared pursuant to s.
20321013.30 and airport master plans under paragraph (k).
2033     c.  The intergovernmental coordination element shall
2034provide for a dispute resolution process, as established
2035pursuant to s. 186.509, for bringing intergovernmental disputes
2036to closure in a timely manner.
2037     c.d.  The intergovernmental coordination element shall
2038provide for interlocal agreements as established pursuant to s.
2039333.03(1)(b).
2040     2.  The intergovernmental coordination element shall also
2041state principles and guidelines to be used in coordinating the
2042adopted comprehensive plan with the plans of school boards and
2043other units of local government providing facilities and
2044services but not having regulatory authority over the use of
2045land. In addition, the intergovernmental coordination element
2046must describe joint processes for collaborative planning and
2047decisionmaking on population projections and public school
2048siting, the location and extension of public facilities subject
2049to concurrency, and siting facilities with countywide
2050significance, including locally unwanted land uses whose nature
2051and identity are established in an agreement.
2052     3.  Within 1 year after adopting their intergovernmental
2053coordination elements, each county, all the municipalities
2054within that county, the district school board, and any unit of
2055local government service providers in that county shall
2056establish by interlocal or other formal agreement executed by
2057all affected entities, the joint processes described in this
2058subparagraph consistent with their adopted intergovernmental
2059coordination elements. The element must:
2060     a.  Ensure that the local government addresses through
2061coordination mechanisms the impacts of development proposed in
2062the local comprehensive plan upon development in adjacent
2063municipalities, the county, adjacent counties, the region, and
2064the state. The area of concern for municipalities shall include
2065adjacent municipalities, the county, and counties adjacent to
2066the municipality. The area of concern for counties shall include
2067all municipalities within the county, adjacent counties, and
2068adjacent municipalities.
2069     b.  Ensure coordination in establishing level of service
2070standards for public facilities with any state, regional, or
2071local entity having operational and maintenance responsibility
2072for such facilities.
2073     3.  To foster coordination between special districts and
2074local general-purpose governments as local general-purpose
2075governments implement local comprehensive plans, each
2076independent special district must submit a public facilities
2077report to the appropriate local government as required by s.
2078189.415.
2079     4.  Local governments shall execute an interlocal agreement
2080with the district school board, the county, and nonexempt
2081municipalities pursuant to s. 163.31777. The local government
2082shall amend the intergovernmental coordination element to ensure
2083that coordination between the local government and school board
2084is pursuant to the agreement and shall state the obligations of
2085the local government under the agreement. Plan amendments that
2086comply with this subparagraph are exempt from the provisions of
2087s. 163.3187(1).
2088     5.  By January 1, 2004, any county having a population
2089greater than 100,000, and the municipalities and special
2090districts within that county, shall submit a report to the
2091Department of Community Affairs which identifies:
2092     a.   All existing or proposed interlocal service delivery
2093agreements relating to education; sanitary sewer; public safety;
2094solid waste; drainage; potable water; parks and recreation; and
2095transportation facilities.
2096     b.   Any deficits or duplication in the provision of
2097services within its jurisdiction, whether capital or
2098operational. Upon request, the Department of Community Affairs
2099shall provide technical assistance to the local governments in
2100identifying deficits or duplication.
2101     6.  Within 6 months after submission of the report, the
2102Department of Community Affairs shall, through the appropriate
2103regional planning council, coordinate a meeting of all local
2104governments within the regional planning area to discuss the
2105reports and potential strategies to remedy any identified
2106deficiencies or duplications.
2107     7.  Each local government shall update its
2108intergovernmental coordination element based upon the findings
2109in the report submitted pursuant to subparagraph 5. The report
2110may be used as supporting data and analysis for the
2111intergovernmental coordination element.
2112     (i)  The optional elements of the comprehensive plan in
2113paragraphs (7)(a) and (b) are required elements for those
2114municipalities having populations greater than 50,000, and those
2115counties having populations greater than 75,000, as determined
2116under s. 186.901.
2117     (j)  For each unit of local government within an urbanized
2118area designated for purposes of s. 339.175, a transportation
2119element, which must be prepared and adopted in lieu of the
2120requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
2121and (d) and which shall address the following issues:
2122     1.  Traffic circulation, including major thoroughfares and
2123other routes, including bicycle and pedestrian ways.
2124     2.  All alternative modes of travel, such as public
2125transportation, pedestrian, and bicycle travel.
2126     3.  Parking facilities.
2127     4.  Aviation, rail, seaport facilities, access to those
2128facilities, and intermodal terminals.
2129     5.  The availability of facilities and services to serve
2130existing land uses and the compatibility between future land use
2131and transportation elements.
2132     6.  The capability to evacuate the coastal population prior
2133to an impending natural disaster.
2134     7.  Airports, projected airport and aviation development,
2135and land use compatibility around airports, which includes areas
2136defined in ss. 333.01 and 333.02.
2137     8.  An identification of land use densities, building
2138intensities, and transportation management programs to promote
2139public transportation systems in designated public
2140transportation corridors so as to encourage population densities
2141sufficient to support such systems.
2142     9.  May include transportation corridors, as defined in s.
2143334.03, intended for future transportation facilities designated
2144pursuant to s. 337.273. If transportation corridors are
2145designated, the local government may adopt a transportation
2146corridor management ordinance.
2147     10.  The incorporation of transportation strategies to
2148address reduction in greenhouse gas emissions from the
2149transportation sector.
2150     (k)  An airport master plan, and any subsequent amendments
2151to the airport master plan, prepared by a licensed publicly
2152owned and operated airport under s. 333.06 may be incorporated
2153into the local government comprehensive plan by the local
2154government having jurisdiction under this act for the area in
2155which the airport or projected airport development is located by
2156the adoption of a comprehensive plan amendment. In the amendment
2157to the local comprehensive plan that integrates the airport
2158master plan, the comprehensive plan amendment shall address land
2159use compatibility consistent with chapter 333 regarding airport
2160zoning; the provision of regional transportation facilities for
2161the efficient use and operation of the transportation system and
2162airport; consistency with the local government transportation
2163circulation element and applicable metropolitan planning
2164organization long-range transportation plans; and the execution
2165of any necessary interlocal agreements for the purposes of the
2166provision of public facilities and services to maintain the
2167adopted level-of-service standards for facilities subject to
2168concurrency; and may address airport-related or aviation-related
2169development. Development or expansion of an airport consistent
2170with the adopted airport master plan that has been incorporated
2171into the local comprehensive plan in compliance with this part,
2172and airport-related or aviation-related development that has
2173been addressed in the comprehensive plan amendment that
2174incorporates the airport master plan, shall not be a development
2175of regional impact. Notwithstanding any other general law, an
2176airport that has received a development-of-regional-impact
2177development order pursuant to s. 380.06, but which is no longer
2178required to undergo development-of-regional-impact review
2179pursuant to this subsection, may abandon its development-of-
2180regional-impact order upon written notification to the
2181applicable local government. Upon receipt by the local
2182government, the development-of-regional-impact development order
2183is void.
2184     (7)  The comprehensive plan may include the following
2185additional elements, or portions or phases thereof:
2186     (a)  As a part of the circulation element of paragraph
2187(6)(b) or as a separate element, a mass-transit element showing
2188proposed methods for the moving of people, rights-of-way,
2189terminals, related facilities, and fiscal considerations for the
2190accomplishment of the element.
2191     (b)  As a part of the circulation element of paragraph
2192(6)(b) or as a separate element, plans for port, aviation, and
2193related facilities coordinated with the general circulation and
2194transportation element.
2195     (c)  As a part of the circulation element of paragraph
2196(6)(b) and in coordination with paragraph (6)(e), where
2197applicable, a plan element for the circulation of recreational
2198traffic, including bicycle facilities, exercise trails, riding
2199facilities, and such other matters as may be related to the
2200improvement and safety of movement of all types of recreational
2201traffic.
2202     (d)  As a part of the circulation element of paragraph
2203(6)(b) or as a separate element, a plan element for the
2204development of offstreet parking facilities for motor vehicles
2205and the fiscal considerations for the accomplishment of the
2206element.
2207     (e)  A public buildings and related facilities element
2208showing locations and arrangements of civic and community
2209centers, public schools, hospitals, libraries, police and fire
2210stations, and other public buildings. This plan element should
2211show particularly how it is proposed to effect coordination with
2212governmental units, such as school boards or hospital
2213authorities, having public development and service
2214responsibilities, capabilities, and potential but not having
2215land development regulatory authority. This element may include
2216plans for architecture and landscape treatment of their grounds.
2217     (f)  A recommended community design element which may
2218consist of design recommendations for land subdivision,
2219neighborhood development and redevelopment, design of open space
2220locations, and similar matters to the end that such
2221recommendations may be available as aids and guides to
2222developers in the future planning and development of land in the
2223area.
2224     (g)  A general area redevelopment element consisting of
2225plans and programs for the redevelopment of slums and blighted
2226locations in the area and for community redevelopment, including
2227housing sites, business and industrial sites, public buildings
2228sites, recreational facilities, and other purposes authorized by
2229law.
2230     (h)  A safety element for the protection of residents and
2231property of the area from fire, hurricane, or manmade or natural
2232catastrophe, including such necessary features for protection as
2233evacuation routes and their control in an emergency, water
2234supply requirements, minimum road widths, clearances around and
2235elevations of structures, and similar matters.
2236     (i)  An historical and scenic preservation element setting
2237out plans and programs for those structures or lands in the area
2238having historical, archaeological, architectural, scenic, or
2239similar significance.
2240     (j)  An economic element setting forth principles and
2241guidelines for the commercial and industrial development, if
2242any, and the employment and personnel utilization within the
2243area. The element may detail the type of commercial and
2244industrial development sought, correlated to the present and
2245projected employment needs of the area and to other elements of
2246the plans, and may set forth methods by which a balanced and
2247stable economic base will be pursued.
2248     (k)  Such other elements as may be peculiar to, and
2249necessary for, the area concerned and as are added to the
2250comprehensive plan by the governing body upon the recommendation
2251of the local planning agency.
2252     (l)  Local governments that are not required to prepare
2253coastal management elements under s. 163.3178 are encouraged to
2254adopt hazard mitigation/postdisaster redevelopment plans. These
2255plans should, at a minimum, establish long-term policies
2256regarding redevelopment, infrastructure, densities,
2257nonconforming uses, and future land use patterns. Grants to
2258assist local governments in the preparation of these hazard
2259mitigation/postdisaster redevelopment plans shall be available
2260through the Emergency Management Preparedness and Assistance
2261Account in the Grants and Donations Trust Fund administered by
2262the department, if such account is created by law. The plans
2263must be in compliance with the requirements of this act and
2264chapter 252.
2265     (8)  All elements of the comprehensive plan, whether
2266mandatory or optional, shall be based upon data appropriate to
2267the element involved. Surveys and studies utilized in the
2268preparation of the comprehensive plan shall not be deemed a part
2269of the comprehensive plan unless adopted as a part of it. Copies
2270of such studies, surveys, and supporting documents shall be made
2271available to public inspection, and copies of such plans shall
2272be made available to the public upon payment of reasonable
2273charges for reproduction.
2274     (9)  The state land planning agency shall, by February 15,
22751986, adopt by rule minimum criteria for the review and
2276determination of compliance of the local government
2277comprehensive plan elements required by this act. Such rules
2278shall not be subject to rule challenges under s. 120.56(2) or to
2279drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2280become effective only after they have been submitted to the
2281President of the Senate and the Speaker of the House of
2282Representatives for review by the Legislature no later than 30
2283days prior to the next regular session of the Legislature. In
2284its review the Legislature may reject, modify, or take no action
2285relative to the rules. The agency shall conform the rules to the
2286changes made by the Legislature, or, if no action was taken, the
2287agency rules shall become effective. The rule shall include
2288criteria for determining whether:
2289     (a)  Proposed elements are in compliance with the
2290requirements of part II, as amended by this act.
2291     (b)  Other elements of the comprehensive plan are related
2292to and consistent with each other.
2293     (c)  The local government comprehensive plan elements are
2294consistent with the state comprehensive plan and the appropriate
2295regional policy plan pursuant to s. 186.508.
2296     (d)  Certain bays, estuaries, and harbors that fall under
2297the jurisdiction of more than one local government are managed
2298in a consistent and coordinated manner in the case of local
2299governments required to include a coastal management element in
2300their comprehensive plans pursuant to paragraph (6)(g).
2301     (e)  Proposed elements identify the mechanisms and
2302procedures for monitoring, evaluating, and appraising
2303implementation of the plan. Specific measurable objectives are
2304included to provide a basis for evaluating effectiveness as
2305required by s. 163.3191.
2306     (f)  Proposed elements contain policies to guide future
2307decisions in a consistent manner.
2308     (g)  Proposed elements contain programs and activities to
2309ensure that comprehensive plans are implemented.
2310     (h)  Proposed elements identify the need for and the
2311processes and procedures to ensure coordination of all
2312development activities and services with other units of local
2313government, regional planning agencies, water management
2314districts, and state and federal agencies as appropriate.
2315
2316The state land planning agency may adopt procedural rules that
2317are consistent with this section and chapter 120 for the review
2318of local government comprehensive plan elements required under
2319this section. The state land planning agency shall provide model
2320plans and ordinances and, upon request, other assistance to
2321local governments in the adoption and implementation of their
2322revised local government comprehensive plans. The review and
2323comment provisions applicable prior to October 1, 1985, shall
2324continue in effect until the criteria for review and
2325determination are adopted pursuant to this subsection and the
2326comprehensive plans required by s. 163.3167(2) are due.
2327     (10)  The Legislature recognizes the importance and
2328significance of chapter 9J-5, Florida Administrative Code, the
2329Minimum Criteria for Review of Local Government Comprehensive
2330Plans and Determination of Compliance of the Department of
2331Community Affairs that will be used to determine compliance of
2332local comprehensive plans. The Legislature reserved unto itself
2333the right to review chapter 9J-5, Florida Administrative Code,
2334and to reject, modify, or take no action relative to this rule.
2335Therefore, pursuant to subsection (9), the Legislature hereby
2336has reviewed chapter 9J-5, Florida Administrative Code, and
2337expresses the following legislative intent:
2338     (a)  The Legislature finds that in order for the department
2339to review local comprehensive plans, it is necessary to define
2340the term "consistency." Therefore, for the purpose of
2341determining whether local comprehensive plans are consistent
2342with the state comprehensive plan and the appropriate regional
2343policy plan, a local plan shall be consistent with such plans if
2344the local plan is "compatible with" and "furthers" such plans.
2345The term "compatible with" means that the local plan is not in
2346conflict with the state comprehensive plan or appropriate
2347regional policy plan. The term "furthers" means to take action
2348in the direction of realizing goals or policies of the state or
2349regional plan. For the purposes of determining consistency of
2350the local plan with the state comprehensive plan or the
2351appropriate regional policy plan, the state or regional plan
2352shall be construed as a whole and no specific goal and policy
2353shall be construed or applied in isolation from the other goals
2354and policies in the plans.
2355     (b)  Each local government shall review all the state
2356comprehensive plan goals and policies and shall address in its
2357comprehensive plan the goals and policies which are relevant to
2358the circumstances or conditions in its jurisdiction. The
2359decision regarding which particular state comprehensive plan
2360goals and policies will be furthered by the expenditure of a
2361local government's financial resources in any given year is a
2362decision which rests solely within the discretion of the local
2363government. Intergovernmental coordination, as set forth in
2364paragraph (6)(h), shall be utilized to the extent required to
2365carry out the provisions of chapter 9J-5, Florida Administrative
2366Code.
2367     (c)  The Legislature declares that if any portion of
2368chapter 9J-5, Florida Administrative Code, is found to be in
2369conflict with this part, the appropriate statutory provision
2370shall prevail.
2371     (d)  Chapter 9J-5, Florida Administrative Code, does not
2372mandate the creation, limitation, or elimination of regulatory
2373authority, nor does it authorize the adoption or require the
2374repeal of any rules, criteria, or standards of any local,
2375regional, or state agency.
2376     (e)  It is the Legislature's intent that support data or
2377summaries thereof shall not be subject to the compliance review
2378process, but the Legislature intends that goals and policies be
2379clearly based on appropriate data. The department may utilize
2380support data or summaries thereof to aid in its determination of
2381compliance and consistency. The Legislature intends that the
2382department may evaluate the application of a methodology
2383utilized in data collection or whether a particular methodology
2384is professionally accepted. However, the department shall not
2385evaluate whether one accepted methodology is better than
2386another. Chapter 9J-5, Florida Administrative Code, shall not be
2387construed to require original data collection by local
2388governments; however, Local governments are not to be
2389discouraged from utilizing original data so long as
2390methodologies are professionally accepted.
2391     (f)  The Legislature recognizes that under this section,
2392local governments are charged with setting levels of service for
2393public facilities in their comprehensive plans in accordance
2394with which development orders and permits will be issued
2395pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2396the authority of state, regional, or local agencies as otherwise
2397provided by law.
2398     (g)  Definitions contained in chapter 9J-5, Florida
2399Administrative Code, are not intended to modify or amend the
2400definitions utilized for purposes of other programs or rules or
2401to establish or limit regulatory authority. Local governments
2402may establish alternative definitions in local comprehensive
2403plans, as long as such definitions accomplish the intent of this
2404chapter, and chapter 9J-5, Florida Administrative Code.
2405     (h)  It is the intent of the Legislature that public
2406facilities and services needed to support development shall be
2407available concurrent with the impacts of such development in
2408accordance with s. 163.3180. In meeting this intent, public
2409facility and service availability shall be deemed sufficient if
2410the public facilities and services for a development are phased,
2411or the development is phased, so that the public facilities and
2412those related services which are deemed necessary by the local
2413government to operate the facilities necessitated by that
2414development are available concurrent with the impacts of the
2415development. The public facilities and services, unless already
2416available, are to be consistent with the capital improvements
2417element of the local comprehensive plan as required by paragraph
2418(3)(a) or guaranteed in an enforceable development agreement.
2419This shall include development agreements pursuant to this
2420chapter or in an agreement or a development order issued
2421pursuant to chapter 380. Nothing herein shall be construed to
2422require a local government to address services in its capital
2423improvements plan or to limit a local government's ability to
2424address any service in its capital improvements plan that it
2425deems necessary.
2426     (i)  The department shall take into account the factors
2427delineated in rule 9J-5.002(2), Florida Administrative Code, as
2428it provides assistance to local governments and applies the rule
2429in specific situations with regard to the detail of the data and
2430analysis required.
2431     (j)  Chapter 9J-5, Florida Administrative Code, has become
2432effective pursuant to subsection (9). The Legislature hereby
2433directs the department to adopt amendments as necessary which
2434conform chapter 9J-5, Florida Administrative Code, with the
2435requirements of this legislative intent by October 1, 1986.
2436     (k)  In order for local governments to prepare and adopt
2437comprehensive plans with knowledge of the rules that are applied
2438to determine consistency of the plans with this part, there
2439should be no doubt as to the legal standing of chapter 9J-5,
2440Florida Administrative Code, at the close of the 1986
2441legislative session. Therefore, the Legislature declares that
2442changes made to chapter 9J-5 before October 1, 1986, are not
2443subject to rule challenges under s. 120.56(2), or to drawout
2444proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2445Florida Administrative Code, as amended, is subject to rule
2446challenges under s. 120.56(3), as nothing herein indicates
2447approval or disapproval of any portion of chapter 9J-5 not
2448specifically addressed herein. Any amendments to chapter 9J-5,
2449Florida Administrative Code, exclusive of the amendments adopted
2450prior to October 1, 1986, pursuant to this act, shall be subject
2451to the full chapter 120 process. All amendments shall have
2452effective dates as provided in chapter 120 and submission to the
2453President of the Senate and Speaker of the House of
2454Representatives shall not be required.
2455     (l)  The state land planning agency shall consider land use
2456compatibility issues in the vicinity of all airports in
2457coordination with the Department of Transportation and adjacent
2458to or in close proximity to all military installations in
2459coordination with the Department of Defense.
2460     (11)(a)  The Legislature recognizes the need for innovative
2461planning and development strategies which will address the
2462anticipated demands of continued urbanization of Florida's
2463coastal and other environmentally sensitive areas, and which
2464will accommodate the development of less populated regions of
2465the state which seek economic development and which have
2466suitable land and water resources to accommodate growth in an
2467environmentally acceptable manner. The Legislature further
2468recognizes the substantial advantages of innovative approaches
2469to development which may better serve to protect environmentally
2470sensitive areas, maintain the economic viability of agricultural
2471and other predominantly rural land uses, and provide for the
2472cost-efficient delivery of public facilities and services.
2473     (b)  It is the intent of the Legislature that the local
2474government comprehensive plans and plan amendments adopted
2475pursuant to the provisions of this part provide for a planning
2476process which allows for land use efficiencies within existing
2477urban areas and which also allows for the conversion of rural
2478lands to other uses, where appropriate and consistent with the
2479other provisions of this part and the affected local
2480comprehensive plans, through the application of innovative and
2481flexible planning and development strategies and creative land
2482use planning techniques, which may include, but not be limited
2483to, urban villages, new towns, satellite communities, area-based
2484allocations, clustering and open space provisions, mixed-use
2485development, and sector planning.
2486     (c)  It is the further intent of the Legislature that local
2487government comprehensive plans and implementing land development
2488regulations shall provide strategies which maximize the use of
2489existing facilities and services through redevelopment, urban
2490infill development, and other strategies for urban
2491revitalization.
2492     (d)1.  The department, in cooperation with the Department
2493of Agriculture and Consumer Services, the Department of
2494Environmental Protection, water management districts, and
2495regional planning councils, shall provide assistance to local
2496governments in the implementation of this paragraph and rule 9J-
24975.006(5)(l), Florida Administrative Code. Implementation of
2498those provisions shall include a process by which the department
2499may authorize local governments to designate all or portions of
2500lands classified in the future land use element as predominantly
2501agricultural, rural, open, open-rural, or a substantively
2502equivalent land use, as a rural land stewardship area within
2503which planning and economic incentives are applied to encourage
2504the implementation of innovative and flexible planning and
2505development strategies and creative land use planning
2506techniques, including those contained herein and in rule 9J-
25075.006(5)(l), Florida Administrative Code. Assistance may
2508include, but is not limited to:
2509     a.  Assistance from the Department of Environmental
2510Protection and water management districts in creating the
2511geographic information systems land cover database and aerial
2512photogrammetry needed to prepare for a rural land stewardship
2513area;
2514     b.  Support for local government implementation of rural
2515land stewardship concepts by providing information and
2516assistance to local governments regarding land acquisition
2517programs that may be used by the local government or landowners
2518to leverage the protection of greater acreage and maximize the
2519effectiveness of rural land stewardship areas; and
2520     c.  Expansion of the role of the Department of Community
2521Affairs as a resource agency to facilitate establishment of
2522rural land stewardship areas in smaller rural counties that do
2523not have the staff or planning budgets to create a rural land
2524stewardship area.
2525     2.  The department shall encourage participation by local
2526governments of different sizes and rural characteristics in
2527establishing and implementing rural land stewardship areas. It
2528is the intent of the Legislature that rural land stewardship
2529areas be used to further the following broad principles of rural
2530sustainability: restoration and maintenance of the economic
2531value of rural land; control of urban sprawl; identification and
2532protection of ecosystems, habitats, and natural resources;
2533promotion of rural economic activity; maintenance of the
2534viability of Florida's agricultural economy; and protection of
2535the character of rural areas of Florida. Rural land stewardship
2536areas may be multicounty in order to encourage coordinated
2537regional stewardship planning.
2538     3.  A local government, in conjunction with a regional
2539planning council, a stakeholder organization of private land
2540owners, or another local government, shall notify the department
2541in writing of its intent to designate a rural land stewardship
2542area. The written notification shall describe the basis for the
2543designation, including the extent to which the rural land
2544stewardship area enhances rural land values, controls urban
2545sprawl, provides necessary open space for agriculture and
2546protection of the natural environment, promotes rural economic
2547activity, and maintains rural character and the economic
2548viability of agriculture.
2549     4.  A rural land stewardship area shall be not less than
255010,000 acres and shall be located outside of municipalities and
2551established urban growth boundaries, and shall be designated by
2552plan amendment. The plan amendment designating a rural land
2553stewardship area shall be subject to review by the Department of
2554Community Affairs pursuant to s. 163.3184 and shall provide for
2555the following:
2556     a.  Criteria for the designation of receiving areas within
2557rural land stewardship areas in which innovative planning and
2558development strategies may be applied. Criteria shall at a
2559minimum provide for the following: adequacy of suitable land to
2560accommodate development so as to avoid conflict with
2561environmentally sensitive areas, resources, and habitats;
2562compatibility between and transition from higher density uses to
2563lower intensity rural uses; the establishment of receiving area
2564service boundaries which provide for a separation between
2565receiving areas and other land uses within the rural land
2566stewardship area through limitations on the extension of
2567services; and connection of receiving areas with the rest of the
2568rural land stewardship area using rural design and rural road
2569corridors.
2570     b.  Goals, objectives, and policies setting forth the
2571innovative planning and development strategies to be applied
2572within rural land stewardship areas pursuant to the provisions
2573of this section.
2574     c.  A process for the implementation of innovative planning
2575and development strategies within the rural land stewardship
2576area, including those described in this subsection and rule 9J-
25775.006(5)(l), Florida Administrative Code, which provide for a
2578functional mix of land uses, including adequate available
2579workforce housing, including low, very-low and moderate income
2580housing for the development anticipated in the receiving area
2581and which are applied through the adoption by the local
2582government of zoning and land development regulations applicable
2583to the rural land stewardship area.
2584     d.  A process which encourages visioning pursuant to s.
2585163.3167(11) to ensure that innovative planning and development
2586strategies comply with the provisions of this section.
2587     e.  The control of sprawl through the use of innovative
2588strategies and creative land use techniques consistent with the
2589provisions of this subsection and rule 9J-5.006(5)(l), Florida
2590Administrative Code.
2591     5.  A receiving area shall be designated by the adoption of
2592a land development regulation. Prior to the designation of a
2593receiving area, the local government shall provide the
2594Department of Community Affairs a period of 30 days in which to
2595review a proposed receiving area for consistency with the rural
2596land stewardship area plan amendment and to provide comments to
2597the local government. At the time of designation of a
2598stewardship receiving area, a listed species survey will be
2599performed. If listed species occur on the receiving area site,
2600the developer shall coordinate with each appropriate local,
2601state, or federal agency to determine if adequate provisions
2602have been made to protect those species in accordance with
2603applicable regulations. In determining the adequacy of
2604provisions for the protection of listed species and their
2605habitats, the rural land stewardship area shall be considered as
2606a whole, and the impacts to areas to be developed as receiving
2607areas shall be considered together with the environmental
2608benefits of areas protected as sending areas in fulfilling this
2609criteria.
2610     6.  Upon the adoption of a plan amendment creating a rural
2611land stewardship area, the local government shall, by ordinance,
2612establish the methodology for the creation, conveyance, and use
2613of transferable rural land use credits, otherwise referred to as
2614stewardship credits, the application of which shall not
2615constitute a right to develop land, nor increase density of
2616land, except as provided by this section. The total amount of
2617transferable rural land use credits within the rural land
2618stewardship area must enable the realization of the long-term
2619vision and goals for the 25-year or greater projected population
2620of the rural land stewardship area, which may take into
2621consideration the anticipated effect of the proposed receiving
2622areas. Transferable rural land use credits are subject to the
2623following limitations:
2624     a.  Transferable rural land use credits may only exist
2625within a rural land stewardship area.
2626     b.  Transferable rural land use credits may only be used on
2627lands designated as receiving areas and then solely for the
2628purpose of implementing innovative planning and development
2629strategies and creative land use planning techniques adopted by
2630the local government pursuant to this section.
2631     c.  Transferable rural land use credits assigned to a
2632parcel of land within a rural land stewardship area shall cease
2633to exist if the parcel of land is removed from the rural land
2634stewardship area by plan amendment.
2635     d.  Neither the creation of the rural land stewardship area
2636by plan amendment nor the assignment of transferable rural land
2637use credits by the local government shall operate to displace
2638the underlying density of land uses assigned to a parcel of land
2639within the rural land stewardship area; however, if transferable
2640rural land use credits are transferred from a parcel for use
2641within a designated receiving area, the underlying density
2642assigned to the parcel of land shall cease to exist.
2643     e.  The underlying density on each parcel of land located
2644within a rural land stewardship area shall not be increased or
2645decreased by the local government, except as a result of the
2646conveyance or use of transferable rural land use credits, as
2647long as the parcel remains within the rural land stewardship
2648area.
2649     f.  Transferable rural land use credits shall cease to
2650exist on a parcel of land where the underlying density assigned
2651to the parcel of land is utilized.
2652     g.  An increase in the density of use on a parcel of land
2653located within a designated receiving area may occur only
2654through the assignment or use of transferable rural land use
2655credits and shall not require a plan amendment.
2656     h.  A change in the density of land use on parcels located
2657within receiving areas shall be specified in a development order
2658which reflects the total number of transferable rural land use
2659credits assigned to the parcel of land and the infrastructure
2660and support services necessary to provide for a functional mix
2661of land uses corresponding to the plan of development.
2662     i.  Land within a rural land stewardship area may be
2663removed from the rural land stewardship area through a plan
2664amendment.
2665     j.  Transferable rural land use credits may be assigned at
2666different ratios of credits per acre according to the natural
2667resource or other beneficial use characteristics of the land and
2668according to the land use remaining following the transfer of
2669credits, with the highest number of credits per acre assigned to
2670the most environmentally valuable land or, in locations where
2671the retention of open space and agricultural land is a priority,
2672to such lands.
2673     k.  The use or conveyance of transferable rural land use
2674credits must be recorded in the public records of the county in
2675which the property is located as a covenant or restrictive
2676easement running with the land in favor of the county and either
2677the Department of Environmental Protection, Department of
2678Agriculture and Consumer Services, a water management district,
2679or a recognized statewide land trust.
2680     7.  Owners of land within rural land stewardship areas
2681should be provided incentives to enter into rural land
2682stewardship agreements, pursuant to existing law and rules
2683adopted thereto, with state agencies, water management
2684districts, and local governments to achieve mutually agreed upon
2685conservation objectives. Such incentives may include, but not be
2686limited to, the following:
2687     a.  Opportunity to accumulate transferable mitigation
2688credits.
2689     b.  Extended permit agreements.
2690     c.  Opportunities for recreational leases and ecotourism.
2691     d.  Payment for specified land management services on
2692publicly owned land, or property under covenant or restricted
2693easement in favor of a public entity.
2694     e.  Option agreements for sale to public entities or
2695private land conservation entities, in either fee or easement,
2696upon achievement of conservation objectives.
2697     8.  The department shall report to the Legislature on an
2698annual basis on the results of implementation of rural land
2699stewardship areas authorized by the department, including
2700successes and failures in achieving the intent of the
2701Legislature as expressed in this paragraph.
2702     (e)  The Legislature finds that mixed-use, high-density
2703development is appropriate for urban infill and redevelopment
2704areas. Mixed-use projects accommodate a variety of uses,
2705including residential and commercial, and usually at higher
2706densities that promote pedestrian-friendly, sustainable
2707communities. The Legislature recognizes that mixed-use, high-
2708density development improves the quality of life for residents
2709and businesses in urban areas. The Legislature finds that mixed-
2710use, high-density redevelopment and infill benefits residents by
2711creating a livable community with alternative modes of
2712transportation. Furthermore, the Legislature finds that local
2713zoning ordinances often discourage mixed-use, high-density
2714development in areas that are appropriate for urban infill and
2715redevelopment. The Legislature intends to discourage single-use
2716zoning in urban areas which often leads to lower-density, land-
2717intensive development outside an urban service area. Therefore,
2718the Department of Community Affairs shall provide technical
2719assistance to local governments in order to encourage mixed-use,
2720high-density urban infill and redevelopment projects.
2721     (f)  The Legislature finds that a program for the transfer
2722of development rights is a useful tool to preserve historic
2723buildings and create public open spaces in urban areas. A
2724program for the transfer of development rights allows the
2725transfer of density credits from historic properties and public
2726open spaces to areas designated for high-density development.
2727The Legislature recognizes that high-density development is
2728integral to the success of many urban infill and redevelopment
2729projects. The Legislature intends to encourage high-density
2730urban infill and redevelopment while preserving historic
2731structures and open spaces. Therefore, the Department of
2732Community Affairs shall provide technical assistance to local
2733governments in order to promote the transfer of development
2734rights within urban areas for high-density infill and
2735redevelopment projects.
2736     (g)  The implementation of this subsection shall be subject
2737to the provisions of this chapter, chapters 186 and 187, and
2738applicable agency rules.
2739     (h)  The department may adopt rules necessary to implement
2740the provisions of this subsection.
2741     (12)  A public school facilities element adopted to
2742implement a school concurrency program shall meet the
2743requirements of this subsection. Each county and each
2744municipality within the county, unless exempt or subject to a
2745waiver, must adopt a public school facilities element that is
2746consistent with those adopted by the other local governments
2747within the county and enter the interlocal agreement pursuant to
2748s. 163.31777.
2749     (a)  The state land planning agency may provide a waiver to
2750a county and to the municipalities within the county if the
2751capacity rate for all schools within the school district is no
2752greater than 100 percent and the projected 5-year capital outlay
2753full-time equivalent student growth rate is less than 10
2754percent. The state land planning agency may allow for a
2755projected 5-year capital outlay full-time equivalent student
2756growth rate to exceed 10 percent when the projected 10-year
2757capital outlay full-time equivalent student enrollment is less
2758than 2,000 students and the capacity rate for all schools within
2759the school district in the tenth year will not exceed the 100-
2760percent limitation. The state land planning agency may allow for
2761a single school to exceed the 100-percent limitation if it can
2762be demonstrated that the capacity rate for that single school is
2763not greater than 105 percent. In making this determination, the
2764state land planning agency shall consider the following
2765criteria:
2766     1.  Whether the exceedance is due to temporary
2767circumstances;
2768     2.  Whether the projected 5-year capital outlay full time
2769equivalent student growth rate for the school district is
2770approaching the 10-percent threshold;
2771     3.  Whether one or more additional schools within the
2772school district are at or approaching the 100-percent threshold;
2773and
2774     4.  The adequacy of the data and analysis submitted to
2775support the waiver request.
2776     (b)  A municipality in a nonexempt county is exempt if the
2777municipality meets all of the following criteria for having no
2778significant impact on school attendance:
2779     1.  The municipality has issued development orders for
2780fewer than 50 residential dwelling units during the preceding 5
2781years, or the municipality has generated fewer than 25
2782additional public school students during the preceding 5 years.
2783     2.  The municipality has not annexed new land during the
2784preceding 5 years in land use categories that permit residential
2785uses that will affect school attendance rates.
2786     3.  The municipality has no public schools located within
2787its boundaries.
2788     (c)  A public school facilities element shall be based upon
2789data and analyses that address, among other items, how level-of-
2790service standards will be achieved and maintained. Such data and
2791analyses must include, at a minimum, such items as: the
2792interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2793year school district facilities work program adopted pursuant to
2794s. 1013.35; the educational plant survey prepared pursuant to s.
27951013.31 and an existing educational and ancillary plant map or
2796map series; information on existing development and development
2797anticipated for the next 5 years and the long-term planning
2798period; an analysis of problems and opportunities for existing
2799schools and schools anticipated in the future; an analysis of
2800opportunities to collocate future schools with other public
2801facilities such as parks, libraries, and community centers; an
2802analysis of the need for supporting public facilities for
2803existing and future schools; an analysis of opportunities to
2804locate schools to serve as community focal points; projected
2805future population and associated demographics, including
2806development patterns year by year for the upcoming 5-year and
2807long-term planning periods; and anticipated educational and
2808ancillary plants with land area requirements.
2809     (d)  The element shall contain one or more goals which
2810establish the long-term end toward which public school programs
2811and activities are ultimately directed.
2812     (e)  The element shall contain one or more objectives for
2813each goal, setting specific, measurable, intermediate ends that
2814are achievable and mark progress toward the goal.
2815     (f)  The element shall contain one or more policies for
2816each objective which establish the way in which programs and
2817activities will be conducted to achieve an identified goal.
2818     (g)  The objectives and policies shall address items such
2819as:
2820     1.  The procedure for an annual update process;
2821     2.  The procedure for school site selection;
2822     3.  The procedure for school permitting;
2823     4.  Provision for infrastructure necessary to support
2824proposed schools, including potable water, wastewater, drainage,
2825solid waste, transportation, and means by which to assure safe
2826access to schools, including sidewalks, bicycle paths, turn
2827lanes, and signalization;
2828     5.  Provision for colocation of other public facilities,
2829such as parks, libraries, and community centers, in proximity to
2830public schools;
2831     6.  Provision for location of schools proximate to
2832residential areas and to complement patterns of development,
2833including the location of future school sites so they serve as
2834community focal points;
2835     7.  Measures to ensure compatibility of school sites and
2836surrounding land uses;
2837     8.  Coordination with adjacent local governments and the
2838school district on emergency preparedness issues, including the
2839use of public schools to serve as emergency shelters; and
2840     9.  Coordination with the future land use element.
2841     (h)  The element shall include one or more future
2842conditions maps which depict the anticipated location of
2843educational and ancillary plants, including the general location
2844of improvements to existing schools or new schools anticipated
2845over the 5-year or long-term planning period. The maps will of
2846necessity be general for the long-term planning period and more
2847specific for the 5-year period. Maps indicating general
2848locations of future schools or school improvements may not
2849prescribe a land use on a particular parcel of land.
2850     (i)  The state land planning agency shall establish a
2851phased schedule for adoption of the public school facilities
2852element and the required updates to the public schools
2853interlocal agreement pursuant to s. 163.31777. The schedule
2854shall provide for each county and local government within the
2855county to adopt the element and update to the agreement no later
2856than December 1, 2008. Plan amendments to adopt a public school
2857facilities element are exempt from the provisions of s.
2858163.3187(1).
2859     (j)  The state land planning agency may issue a notice to
2860the school board and the local government to show cause why
2861sanctions should not be enforced for failure to enter into an
2862approved interlocal agreement as required by s. 163.31777 or for
2863failure to implement provisions relating to public school
2864concurrency. If the state land planning agency finds that
2865insufficient cause exists for the school board's or local
2866government's failure to enter into an approved interlocal
2867agreement as required by s. 163.31777 or for the school board's
2868or local government's failure to implement the provisions
2869relating to public school concurrency, the state land planning
2870agency shall submit its finding to the Administration Commission
2871which may impose on the local government any of the sanctions
2872set forth in s. 163.3184(11)(a) and (b) and may impose on the
2873district school board any of the sanctions set forth in s.
28741008.32(4).
2875     (13)  Local governments are encouraged to develop a
2876community vision that provides for sustainable growth,
2877recognizes its fiscal constraints, and protects its natural
2878resources. At the request of a local government, the applicable
2879regional planning council shall provide assistance in the
2880development of a community vision.
2881     (a)  As part of the process of developing a community
2882vision under this section, the local government must hold two
2883public meetings with at least one of those meetings before the
2884local planning agency. Before those public meetings, the local
2885government must hold at least one public workshop with
2886stakeholder groups such as neighborhood associations, community
2887organizations, businesses, private property owners, housing and
2888development interests, and environmental organizations.
2889     (b)  The local government must, at a minimum, discuss five
2890of the following topics as part of the workshops and public
2891meetings required under paragraph (a):
2892     1.  Future growth in the area using population forecasts
2893from the Bureau of Economic and Business Research;
2894     2.  Priorities for economic development;
2895     3.  Preservation of open space, environmentally sensitive
2896lands, and agricultural lands;
2897     4.  Appropriate areas and standards for mixed-use
2898development;
2899     5.  Appropriate areas and standards for high-density
2900commercial and residential development;
2901     6.  Appropriate areas and standards for economic
2902development opportunities and employment centers;
2903     7.  Provisions for adequate workforce housing;
2904     8.  An efficient, interconnected multimodal transportation
2905system; and
2906     9.  Opportunities to create land use patterns that
2907accommodate the issues listed in subparagraphs 1.-8.
2908     (c)  As part of the workshops and public meetings, the
2909local government must discuss strategies for addressing the
2910topics discussed under paragraph (b), including:
2911     1.  Strategies to preserve open space and environmentally
2912sensitive lands, and to encourage a healthy agricultural
2913economy, including innovative planning and development
2914strategies, such as the transfer of development rights;
2915     2.  Incentives for mixed-use development, including
2916increased height and intensity standards for buildings that
2917provide residential use in combination with office or commercial
2918space;
2919     3.  Incentives for workforce housing;
2920     4.  Designation of an urban service boundary pursuant to
2921subsection (2); and
2922     5.  Strategies to provide mobility within the community and
2923to protect the Strategic Intermodal System, including the
2924development of a transportation corridor management plan under
2925s. 337.273.
2926     (d)  The community vision must reflect the community's
2927shared concept for growth and development of the community,
2928including visual representations depicting the desired land use
2929patterns and character of the community during a 10-year
2930planning timeframe. The community vision must also take into
2931consideration economic viability of the vision and private
2932property interests.
2933     (e)  After the workshops and public meetings required under
2934paragraph (a) are held, the local government may amend its
2935comprehensive plan to include the community vision as a
2936component in the plan. This plan amendment must be transmitted
2937and adopted pursuant to the procedures in ss. 163.3184 and
2938163.3189 at public hearings of the governing body other than
2939those identified in paragraph (a).
2940     (f)  Amendments submitted under this subsection are exempt
2941from the limitation on the frequency of plan amendments in s.
2942163.3187.
2943     (g)  A local government that has developed a community
2944vision or completed a visioning process after July 1, 2000, and
2945before July 1, 2005, which substantially accomplishes the goals
2946set forth in this subsection and the appropriate goals,
2947policies, or objectives have been adopted as part of the
2948comprehensive plan or reflected in subsequently adopted land
2949development regulations and the plan amendment incorporating the
2950community vision as a component has been found in compliance is
2951eligible for the incentives in s. 163.3184(17).
2952     (14)  Local governments are also encouraged to designate an
2953urban service boundary. This area must be appropriate for
2954compact, contiguous urban development within a 10-year planning
2955timeframe. The urban service area boundary must be identified on
2956the future land use map or map series. The local government
2957shall demonstrate that the land included within the urban
2958service boundary is served or is planned to be served with
2959adequate public facilities and services based on the local
2960government's adopted level-of-service standards by adopting a
296110-year facilities plan in the capital improvements element
2962which is financially feasible. The local government shall
2963demonstrate that the amount of land within the urban service
2964boundary does not exceed the amount of land needed to
2965accommodate the projected population growth at densities
2966consistent with the adopted comprehensive plan within the 10-
2967year planning timeframe.
2968     (a)  As part of the process of establishing an urban
2969service boundary, the local government must hold two public
2970meetings with at least one of those meetings before the local
2971planning agency. Before those public meetings, the local
2972government must hold at least one public workshop with
2973stakeholder groups such as neighborhood associations, community
2974organizations, businesses, private property owners, housing and
2975development interests, and environmental organizations.
2976     (b)1.  After the workshops and public meetings required
2977under paragraph (a) are held, the local government may amend its
2978comprehensive plan to include the urban service boundary. This
2979plan amendment must be transmitted and adopted pursuant to the
2980procedures in ss. 163.3184 and 163.3189 at meetings of the
2981governing body other than those required under paragraph (a).
2982     2.  This subsection does not prohibit new development
2983outside an urban service boundary. However, a local government
2984that establishes an urban service boundary under this subsection
2985is encouraged to require a full-cost-accounting analysis for any
2986new development outside the boundary and to consider the results
2987of that analysis when adopting a plan amendment for property
2988outside the established urban service boundary.
2989     (c)  Amendments submitted under this subsection are exempt
2990from the limitation on the frequency of plan amendments in s.
2991163.3187.
2992     (d)  A local government that has adopted an urban service
2993boundary before July 1, 2005, which substantially accomplishes
2994the goals set forth in this subsection is not required to comply
2995with paragraph (a) or subparagraph 1. of paragraph (b) in order
2996to be eligible for the incentives under s. 163.3184(17). In
2997order to satisfy the provisions of this paragraph, the local
2998government must secure a determination from the state land
2999planning agency that the urban service boundary adopted before
3000July 1, 2005, substantially complies with the criteria of this
3001subsection, based on data and analysis submitted by the local
3002government to support this determination. The determination by
3003the state land planning agency is not subject to administrative
3004challenge.
3005     (7)(15)(a)  The Legislature finds that:
3006     1.  There are a number of rural agricultural industrial
3007centers in the state that process, produce, or aid in the
3008production or distribution of a variety of agriculturally based
3009products, including, but not limited to, fruits, vegetables,
3010timber, and other crops, and juices, paper, and building
3011materials. Rural agricultural industrial centers have a
3012significant amount of existing associated infrastructure that is
3013used for processing, producing, or distributing agricultural
3014products.
3015     2.  Such rural agricultural industrial centers are often
3016located within or near communities in which the economy is
3017largely dependent upon agriculture and agriculturally based
3018products. The centers significantly enhance the economy of such
3019communities. However, these agriculturally based communities are
3020often socioeconomically challenged and designated as rural areas
3021of critical economic concern. If such rural agricultural
3022industrial centers are lost and not replaced with other job-
3023creating enterprises, the agriculturally based communities will
3024lose a substantial amount of their economies.
3025     3.  The state has a compelling interest in preserving the
3026viability of agriculture and protecting rural agricultural
3027communities and the state from the economic upheaval that would
3028result from short-term or long-term adverse changes in the
3029agricultural economy. To protect these communities and promote
3030viable agriculture for the long term, it is essential to
3031encourage and permit diversification of existing rural
3032agricultural industrial centers by providing for jobs that are
3033not solely dependent upon, but are compatible with and
3034complement, existing agricultural industrial operations and to
3035encourage the creation and expansion of industries that use
3036agricultural products in innovative ways. However, the expansion
3037and diversification of these existing centers must be
3038accomplished in a manner that does not promote urban sprawl into
3039surrounding agricultural and rural areas.
3040     (b)  As used in this subsection, the term "rural
3041agricultural industrial center" means a developed parcel of land
3042in an unincorporated area on which there exists an operating
3043agricultural industrial facility or facilities that employ at
3044least 200 full-time employees in the aggregate and process and
3045prepare for transport a farm product, as defined in s. 163.3162,
3046or any biomass material that could be used, directly or
3047indirectly, for the production of fuel, renewable energy,
3048bioenergy, or alternative fuel as defined by law. The center may
3049also include land contiguous to the facility site which is not
3050used for the cultivation of crops, but on which other existing
3051activities essential to the operation of such facility or
3052facilities are located or conducted. The parcel of land must be
3053located within, or within 10 miles of, a rural area of critical
3054economic concern.
3055     (c)1.  A landowner whose land is located within a rural
3056agricultural industrial center may apply for an amendment to the
3057local government comprehensive plan for the purpose of
3058designating and expanding the existing agricultural industrial
3059uses of facilities located within the center or expanding the
3060existing center to include industrial uses or facilities that
3061are not dependent upon but are compatible with agriculture and
3062the existing uses and facilities. A local government
3063comprehensive plan amendment under this paragraph must:
3064     a.  Not increase the physical area of the existing rural
3065agricultural industrial center by more than 50 percent or 320
3066acres, whichever is greater.
3067     b.  Propose a project that would, upon completion, create
3068at least 50 new full-time jobs.
3069     c.  Demonstrate that sufficient infrastructure capacity
3070exists or will be provided to support the expanded center at the
3071level-of-service standards adopted in the local government
3072comprehensive plan.
3073     d.  Contain goals, objectives, and policies that will
3074ensure that any adverse environmental impacts of the expanded
3075center will be adequately addressed and mitigation implemented
3076or demonstrate that the local government comprehensive plan
3077contains such provisions.
3078     2.  Within 6 months after receiving an application as
3079provided in this paragraph, the local government shall transmit
3080the application to the state land planning agency for review
3081pursuant to this chapter together with any needed amendments to
3082the applicable sections of its comprehensive plan to include
3083goals, objectives, and policies that provide for the expansion
3084of rural agricultural industrial centers and discourage urban
3085sprawl in the surrounding areas. Such goals, objectives, and
3086policies must promote and be consistent with the findings in
3087this subsection. An amendment that meets the requirements of
3088this subsection is presumed not to be urban sprawl as defined in
3089s. 163.3164 and shall be considered within 90 days after any
3090review required by the state land planning agency if required by
3091s. 163.3184. consistent with rule 9J-5.006(5), Florida
3092Administrative Code. This presumption may be rebutted by a
3093preponderance of the evidence.
3094     (d)  This subsection does not apply to an optional sector
3095plan adopted pursuant to s. 163.3245, a rural land stewardship
3096area designated pursuant to s. 163.3248 subsection (11), or any
3097comprehensive plan amendment that includes an inland port
3098terminal or affiliated port development.
3099     (e)  Nothing in this subsection shall be construed to
3100confer the status of rural area of critical economic concern, or
3101any of the rights or benefits derived from such status, on any
3102land area not otherwise designated as such pursuant to s.
3103288.0656(7).
3104     Section 13.  Section 163.31777, Florida Statutes, is
3105amended to read:
3106     163.31777  Public schools interlocal agreement.-
3107     (1)(a)  The county and municipalities located within the
3108geographic area of a school district shall enter into an
3109interlocal agreement with the district school board which
3110jointly establishes the specific ways in which the plans and
3111processes of the district school board and the local governments
3112are to be coordinated. The interlocal agreements shall be
3113submitted to the state land planning agency and the Office of
3114Educational Facilities in accordance with a schedule published
3115by the state land planning agency.
3116     (b)  The schedule must establish staggered due dates for
3117submission of interlocal agreements that are executed by both
3118the local government and the district school board, commencing
3119on March 1, 2003, and concluding by December 1, 2004, and must
3120set the same date for all governmental entities within a school
3121district. However, if the county where the school district is
3122located contains more than 20 municipalities, the state land
3123planning agency may establish staggered due dates for the
3124submission of interlocal agreements by these municipalities. The
3125schedule must begin with those areas where both the number of
3126districtwide capital-outlay full-time-equivalent students equals
312780 percent or more of the current year's school capacity and the
3128projected 5-year student growth is 1,000 or greater, or where
3129the projected 5-year student growth rate is 10 percent or
3130greater.
3131     (c)  If the student population has declined over the 5-year
3132period preceding the due date for submittal of an interlocal
3133agreement by the local government and the district school board,
3134the local government and the district school board may petition
3135the state land planning agency for a waiver of one or more
3136requirements of subsection (2). The waiver must be granted if
3137the procedures called for in subsection (2) are unnecessary
3138because of the school district's declining school age
3139population, considering the district's 5-year facilities work
3140program prepared pursuant to s. 1013.35. The state land planning
3141agency may modify or revoke the waiver upon a finding that the
3142conditions upon which the waiver was granted no longer exist.
3143The district school board and local governments must submit an
3144interlocal agreement within 1 year after notification by the
3145state land planning agency that the conditions for a waiver no
3146longer exist.
3147     (d)  Interlocal agreements between local governments and
3148district school boards adopted pursuant to s. 163.3177 before
3149the effective date of this section must be updated and executed
3150pursuant to the requirements of this section, if necessary.
3151Amendments to interlocal agreements adopted pursuant to this
3152section must be submitted to the state land planning agency
3153within 30 days after execution by the parties for review
3154consistent with this section. Local governments and the district
3155school board in each school district are encouraged to adopt a
3156single interlocal agreement to which all join as parties. The
3157state land planning agency shall assemble and make available
3158model interlocal agreements meeting the requirements of this
3159section and notify local governments and, jointly with the
3160Department of Education, the district school boards of the
3161requirements of this section, the dates for compliance, and the
3162sanctions for noncompliance. The state land planning agency
3163shall be available to informally review proposed interlocal
3164agreements. If the state land planning agency has not received a
3165proposed interlocal agreement for informal review, the state
3166land planning agency shall, at least 60 days before the deadline
3167for submission of the executed agreement, renotify the local
3168government and the district school board of the upcoming
3169deadline and the potential for sanctions.
3170     (2)  At a minimum, the interlocal agreement must address
3171interlocal-agreement requirements in s. 163.3180(13)(g), except
3172for exempt local governments as provided in s. 163.3177(12), and
3173must address the following issues:
3174     (a)  A process by which each local government and the
3175district school board agree and base their plans on consistent
3176projections of the amount, type, and distribution of population
3177growth and student enrollment. The geographic distribution of
3178jurisdiction-wide growth forecasts is a major objective of the
3179process.
3180     (b)  A process to coordinate and share information relating
3181to existing and planned public school facilities, including
3182school renovations and closures, and local government plans for
3183development and redevelopment.
3184     (c)  Participation by affected local governments with the
3185district school board in the process of evaluating potential
3186school closures, significant renovations to existing schools,
3187and new school site selection before land acquisition. Local
3188governments shall advise the district school board as to the
3189consistency of the proposed closure, renovation, or new site
3190with the local comprehensive plan, including appropriate
3191circumstances and criteria under which a district school board
3192may request an amendment to the comprehensive plan for school
3193siting.
3194     (d)  A process for determining the need for and timing of
3195onsite and offsite improvements to support new, proposed
3196expansion, or redevelopment of existing schools. The process
3197must address identification of the party or parties responsible
3198for the improvements.
3199     (e)  A process for the school board to inform the local
3200government regarding the effect of comprehensive plan amendments
3201on school capacity. The capacity reporting must be consistent
3202with laws and rules relating to measurement of school facility
3203capacity and must also identify how the district school board
3204will meet the public school demand based on the facilities work
3205program adopted pursuant to s. 1013.35.
3206     (f)  Participation of the local governments in the
3207preparation of the annual update to the district school board's
32085-year district facilities work program and educational plant
3209survey prepared pursuant to s. 1013.35.
3210     (g)  A process for determining where and how joint use of
3211either school board or local government facilities can be shared
3212for mutual benefit and efficiency.
3213     (h)  A procedure for the resolution of disputes between the
3214district school board and local governments, which may include
3215the dispute resolution processes contained in chapters 164 and
3216186.
3217     (i)  An oversight process, including an opportunity for
3218public participation, for the implementation of the interlocal
3219agreement.
3220     (3)(a)  The Office of Educational Facilities shall submit
3221any comments or concerns regarding the executed interlocal
3222agreement to the state land planning agency within 30 days after
3223receipt of the executed interlocal agreement. The state land
3224planning agency shall review the executed interlocal agreement
3225to determine whether it is consistent with the requirements of
3226subsection (2), the adopted local government comprehensive plan,
3227and other requirements of law. Within 60 days after receipt of
3228an executed interlocal agreement, the state land planning agency
3229shall publish a notice of intent in the Florida Administrative
3230Weekly and shall post a copy of the notice on the agency's
3231Internet site. The notice of intent must state whether the
3232interlocal agreement is consistent or inconsistent with the
3233requirements of subsection (2) and this subsection, as
3234appropriate.
3235     (b)  The state land planning agency's notice is subject to
3236challenge under chapter 120; however, an affected person, as
3237defined in s. 163.3184(1)(a), has standing to initiate the
3238administrative proceeding, and this proceeding is the sole means
3239available to challenge the consistency of an interlocal
3240agreement required by this section with the criteria contained
3241in subsection (2) and this subsection. In order to have
3242standing, each person must have submitted oral or written
3243comments, recommendations, or objections to the local government
3244or the school board before the adoption of the interlocal
3245agreement by the school board and local government. The district
3246school board and local governments are parties to any such
3247proceeding. In this proceeding, when the state land planning
3248agency finds the interlocal agreement to be consistent with the
3249criteria in subsection (2) and this subsection, the interlocal
3250agreement shall be determined to be consistent with subsection
3251(2) and this subsection if the local government's and school
3252board's determination of consistency is fairly debatable. When
3253the state planning agency finds the interlocal agreement to be
3254inconsistent with the requirements of subsection (2) and this
3255subsection, the local government's and school board's
3256determination of consistency shall be sustained unless it is
3257shown by a preponderance of the evidence that the interlocal
3258agreement is inconsistent.
3259     (c)  If the state land planning agency enters a final order
3260that finds that the interlocal agreement is inconsistent with
3261the requirements of subsection (2) or this subsection, it shall
3262forward it to the Administration Commission, which may impose
3263sanctions against the local government pursuant to s.
3264163.3184(11) and may impose sanctions against the district
3265school board by directing the Department of Education to
3266withhold from the district school board an equivalent amount of
3267funds for school construction available pursuant to ss. 1013.65,
32681013.68, 1013.70, and 1013.72.
3269     (4)  If an executed interlocal agreement is not timely
3270submitted to the state land planning agency for review, the
3271state land planning agency shall, within 15 working days after
3272the deadline for submittal, issue to the local government and
3273the district school board a Notice to Show Cause why sanctions
3274should not be imposed for failure to submit an executed
3275interlocal agreement by the deadline established by the agency.
3276The agency shall forward the notice and the responses to the
3277Administration Commission, which may enter a final order citing
3278the failure to comply and imposing sanctions against the local
3279government and district school board by directing the
3280appropriate agencies to withhold at least 5 percent of state
3281funds pursuant to s. 163.3184(11) and by directing the
3282Department of Education to withhold from the district school
3283board at least 5 percent of funds for school construction
3284available pursuant to ss. 1013.65, 1013.68, 1013.70, and
32851013.72.
3286     (5)  Any local government transmitting a public school
3287element to implement school concurrency pursuant to the
3288requirements of s. 163.3180 before the effective date of this
3289section is not required to amend the element or any interlocal
3290agreement to conform with the provisions of this section if the
3291element is adopted prior to or within 1 year after the effective
3292date of this section and remains in effect until the county
3293conducts its evaluation and appraisal report and identifies
3294changes necessary to more fully conform to the provisions of
3295this section.
3296     (6)  Except as provided in subsection (7), municipalities
3297meeting the exemption criteria in s. 163.3177(12) are exempt
3298from the requirements of subsections (1), (2), and (3).
3299     (7)  At the time of the evaluation and appraisal report,
3300each exempt municipality shall assess the extent to which it
3301continues to meet the criteria for exemption under s.
3302163.3177(12). If the municipality continues to meet these
3303criteria, the municipality shall continue to be exempt from the
3304interlocal-agreement requirement. Each municipality exempt under
3305s. 163.3177(12) must comply with the provisions of this section
3306within 1 year after the district school board proposes, in its
33075-year district facilities work program, a new school within the
3308municipality's jurisdiction.
3309     Section 14.  Subsection (9) of section 163.3178, Florida
3310Statutes, is amended to read:
3311     163.3178  Coastal management.-
3312     (9)(a)  Local governments may elect to comply with rule 9J-
33135.012(3)(b)6. and 7., Florida Administrative Code, through the
3314process provided in this section. A proposed comprehensive plan
3315amendment shall be found in compliance with state coastal high-
3316hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3317Florida Administrative Code, if:
3318     1.  The adopted level of service for out-of-county
3319hurricane evacuation is maintained for a category 5 storm event
3320as measured on the Saffir-Simpson scale; or
3321     2.  A 12-hour evacuation time to shelter is maintained for
3322a category 5 storm event as measured on the Saffir-Simpson scale
3323and shelter space reasonably expected to accommodate the
3324residents of the development contemplated by a proposed
3325comprehensive plan amendment is available; or
3326     3.  Appropriate mitigation is provided that will satisfy
3327the provisions of subparagraph 1. or subparagraph 2. Appropriate
3328mitigation shall include, without limitation, payment of money,
3329contribution of land, and construction of hurricane shelters and
3330transportation facilities. Required mitigation may shall not
3331exceed the amount required for a developer to accommodate
3332impacts reasonably attributable to development. A local
3333government and a developer shall enter into a binding agreement
3334to memorialize the mitigation plan.
3335     (b)  For those local governments that have not established
3336a level of service for out-of-county hurricane evacuation by
3337July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
33387., Florida Administrative Code, by following the process in
3339paragraph (a), the level of service shall be no greater than 16
3340hours for a category 5 storm event as measured on the Saffir-
3341Simpson scale.
3342     (c)  This subsection shall become effective immediately and
3343shall apply to all local governments. No later than July 1,
33442008, local governments shall amend their future land use map
3345and coastal management element to include the new definition of
3346coastal high-hazard area and to depict the coastal high-hazard
3347area on the future land use map.
3348     Section 15.  Section 163.3180, Florida Statutes, is amended
3349to read:
3350     163.3180  Concurrency.-
3351     (1)(a)  Sanitary sewer, solid waste, drainage, and potable
3352water, parks and recreation, schools, and transportation
3353facilities, including mass transit, where applicable, are the
3354only public facilities and services subject to the concurrency
3355requirement on a statewide basis. Additional public facilities
3356and services may not be made subject to concurrency on a
3357statewide basis without appropriate study and approval by the
3358Legislature; however, any local government may extend the
3359concurrency requirement so that it applies to additional public
3360facilities within its jurisdiction.
3361     (a)  If concurrency is applied to other public facilities,
3362the local government comprehensive plan must provide the
3363principles, guidelines, standards, and strategies, including
3364adopted levels of service, to guide its application. In order
3365for a local government to rescind any optional concurrency
3366provisions, a comprehensive plan amendment is required. An
3367amendment rescinding optional concurrency issues is not subject
3368to state review.
3369     (b)  The local government comprehensive plan must
3370demonstrate, for required or optional concurrency requirements,
3371that the levels of service adopted can be reasonably met.
3372Infrastructure needed to ensure that adopted level-of-service
3373standards are achieved and maintained for the 5-year period of
3374the capital improvement schedule must be identified pursuant to
3375the requirements of s. 163.3177(3). The comprehensive plan must
3376include principles, guidelines, standards, and strategies for
3377the establishment of a concurrency management system.
3378     (b)  Local governments shall use professionally accepted
3379techniques for measuring level of service for automobiles,
3380bicycles, pedestrians, transit, and trucks. These techniques may
3381be used to evaluate increased accessibility by multiple modes
3382and reductions in vehicle miles of travel in an area or zone.
3383The Department of Transportation shall develop methodologies to
3384assist local governments in implementing this multimodal level-
3385of-service analysis. The Department of Community Affairs and the
3386Department of Transportation shall provide technical assistance
3387to local governments in applying these methodologies.
3388     (2)(a)  Consistent with public health and safety, sanitary
3389sewer, solid waste, drainage, adequate water supplies, and
3390potable water facilities shall be in place and available to
3391serve new development no later than the issuance by the local
3392government of a certificate of occupancy or its functional
3393equivalent. Prior to approval of a building permit or its
3394functional equivalent, the local government shall consult with
3395the applicable water supplier to determine whether adequate
3396water supplies to serve the new development will be available no
3397later than the anticipated date of issuance by the local
3398government of a certificate of occupancy or its functional
3399equivalent. A local government may meet the concurrency
3400requirement for sanitary sewer through the use of onsite sewage
3401treatment and disposal systems approved by the Department of
3402Health to serve new development.
3403     (b)  Consistent with the public welfare, and except as
3404otherwise provided in this section, parks and recreation
3405facilities to serve new development shall be in place or under
3406actual construction no later than 1 year after issuance by the
3407local government of a certificate of occupancy or its functional
3408equivalent. However, the acreage for such facilities shall be
3409dedicated or be acquired by the local government prior to
3410issuance by the local government of a certificate of occupancy
3411or its functional equivalent, or funds in the amount of the
3412developer's fair share shall be committed no later than the
3413local government's approval to commence construction.
3414     (c)  Consistent with the public welfare, and except as
3415otherwise provided in this section, transportation facilities
3416needed to serve new development shall be in place or under
3417actual construction within 3 years after the local government
3418approves a building permit or its functional equivalent that
3419results in traffic generation.
3420     (3)  Governmental entities that are not responsible for
3421providing, financing, operating, or regulating public facilities
3422needed to serve development may not establish binding level-of-
3423service standards on governmental entities that do bear those
3424responsibilities. This subsection does not limit the authority
3425of any agency to recommend or make objections, recommendations,
3426comments, or determinations during reviews conducted under s.
3427163.3184.
3428     (4)(a)  The concurrency requirement as implemented in local
3429comprehensive plans applies to state and other public facilities
3430and development to the same extent that it applies to all other
3431facilities and development, as provided by law.
3432     (b)  The concurrency requirement as implemented in local
3433comprehensive plans does not apply to public transit facilities.
3434For the purposes of this paragraph, public transit facilities
3435include transit stations and terminals; transit station parking;
3436park-and-ride lots; intermodal public transit connection or
3437transfer facilities; fixed bus, guideway, and rail stations; and
3438airport passenger terminals and concourses, air cargo
3439facilities, and hangars for the assembly, manufacture,
3440maintenance, or storage of aircraft. As used in this paragraph,
3441the terms "terminals" and "transit facilities" do not include
3442seaports or commercial or residential development constructed in
3443conjunction with a public transit facility.
3444     (c)  The concurrency requirement, except as it relates to
3445transportation facilities and public schools, as implemented in
3446local government comprehensive plans, may be waived by a local
3447government for urban infill and redevelopment areas designated
3448pursuant to s. 163.2517 if such a waiver does not endanger
3449public health or safety as defined by the local government in
3450its local government comprehensive plan. The waiver shall be
3451adopted as a plan amendment pursuant to the process set forth in
3452s. 163.3187(3)(a). A local government may grant a concurrency
3453exception pursuant to subsection (5) for transportation
3454facilities located within these urban infill and redevelopment
3455areas.
3456     (5)(a)  If concurrency is applied to transportation
3457facilities, the local government comprehensive plan must provide
3458the principles, guidelines, standards, and strategies, including
3459adopted levels of service to guide its application.
3460     (b)  Local governments shall use professionally accepted
3461studies to evaluate the appropriate levels of service. Local
3462governments should consider the number of facilities that will
3463be necessary to meet level-of-service demands when determining
3464the appropriate levels of service. The schedule of facilities
3465that are necessary to meet the adopted level of service shall be
3466reflected in the capital improvement element.
3467     (c)  Local governments shall use professionally accepted
3468techniques for measuring levels of service when evaluating
3469potential impacts of a proposed development.
3470     (d)  The premise of concurrency is that the public
3471facilities will be provided in order to achieve and maintain the
3472adopted level of service standard. A comprehensive plan that
3473imposes transportation concurrency shall contain appropriate
3474amendments to the capital improvements element of the
3475comprehensive plan, consistent with the requirements of s.
3476163.3177(3). The capital improvements element shall identify
3477facilities necessary to meet adopted levels of service during a
34785-year period.
3479     (e)  If a local government applies transportation
3480concurrency in its jurisdiction, it is encouraged to develop
3481policy guidelines and techniques to address potential negative
3482impacts on future development:
3483     1.  In urban infill and redevelopment, and urban service
3484areas.
3485     2.  With special part-time demands on the transportation
3486system.
3487     3.  With de minimis impacts.
3488     4.  On community desired types of development, such as
3489redevelopment, or job creation projects.
3490     (f)  Local governments are encouraged to develop tools and
3491techniques to complement the application of transportation
3492concurrency such as:
3493     1.  Adoption of long-term strategies to facilitate
3494development patterns that support multimodal solutions,
3495including urban design, and appropriate land use mixes,
3496including intensity and density.
3497     2.  Adoption of an areawide level of service not dependent
3498on any single road segment function.
3499     3.  Exempting or discounting impacts of locally desired
3500development, such as development in urban areas, redevelopment,
3501job creation, and mixed use on the transportation system.
3502     4.  Assigning secondary priority to vehicle mobility and
3503primary priority to ensuring a safe, comfortable, and attractive
3504pedestrian environment, with convenient interconnection to
3505transit.
3506     5.  Establishing multimodal level of service standards that
3507rely primarily on nonvehicular modes of transportation where
3508existing or planned community design will provide adequate level
3509of mobility.
3510     6.  Reducing impact fees or local access fees to promote
3511development within urban areas, multimodal transportation
3512districts, and a balance of mixed use development in certain
3513areas or districts, or for affordable or workforce housing.
3514     (g)  Local governments are encouraged to coordinate with
3515adjacent local governments for the purpose of using common
3516methodologies for measuring impacts on transportation
3517facilities.
3518     (h)  Local governments that implement transportation
3519concurrency must:
3520     1.  Consult with the Department of Transportation when
3521proposed plan amendments affect facilities on the strategic
3522intermodal system.
3523     2.  Exempt public transit facilities from concurrency. For
3524the purposes of this subparagraph, public transit facilities
3525include transit stations and terminals; transit station parking;
3526park-and-ride lots; intermodal public transit connection or
3527transfer facilities; fixed bus, guideway, and rail stations; and
3528airport passenger terminals and concourses, air cargo
3529facilities, and hangars for the assembly, manufacture,
3530maintenance, or storage of aircraft. As used in this
3531subparagraph, the terms "terminals" and "transit facilities" do
3532not include seaports or commercial or residential development
3533constructed in conjunction with a public transit facility.
3534     3.  Allow an applicant for a development-of-regional-impact
3535development order, a rezoning, or other land use development
3536permit to satisfy the transportation concurrency requirements of
3537the local comprehensive plan, the local government's concurrency
3538management system, and s. 380.06, when applicable, if:
3539     a.  The applicant enters into a binding agreement to pay
3540for or construct its proportionate share of required
3541improvements.
3542     b.  The proportionate-share contribution or construction is
3543sufficient to accomplish one or more mobility improvements that
3544will benefit a regionally significant transportation facility.
3545     c.(I)  The local government has provided a means by which
3546the landowner will be assessed a proportionate share of the cost
3547of providing the transportation facilities necessary to serve
3548the proposed development. An applicant shall not be held
3549responsible for the additional cost of reducing or eliminating
3550deficiencies.
3551     (II)  When an applicant contributes or constructs its
3552proportionate share pursuant to this subparagraph, a local
3553government may not require payment or construction of
3554transportation facilities whose costs would be greater than a
3555development's proportionate share of the improvements necessary
3556to mitigate the development's impacts.
3557     (A)  The proportionate-share contribution shall be
3558calculated based upon the number of trips from the proposed
3559development expected to reach roadways during the peak hour from
3560the stage or phase being approved, divided by the change in the
3561peak hour maximum service volume of roadways resulting from
3562construction of an improvement necessary to maintain or achieve
3563the adopted level of service, multiplied by the construction
3564cost, at the time of development payment, of the improvement
3565necessary to maintain or achieve the adopted level of service.
3566     (B)  In using the proportionate-share formula provided in
3567this subparagraph, the applicant, in its traffic analysis, shall
3568identify those roads or facilities that have a transportation
3569deficiency in accordance with the transportation deficiency as
3570defined in sub-subparagraph e. The proportionate-share formula
3571provided in this subparagraph shall be applied only to those
3572facilities that are determined to be significantly impacted by
3573the project traffic under review. If any road is determined to
3574be transportation deficient without the project traffic under
3575review, the costs of correcting that deficiency shall be removed
3576from the project's proportionate-share calculation and the
3577necessary transportation improvements to correct that deficiency
3578shall be considered to be in place for purposes of the
3579proportionate-share calculation. The improvement necessary to
3580correct the transportation deficiency is the funding
3581responsibility of the entity that has maintenance responsibility
3582for the facility. The development's proportionate share shall be
3583calculated only for the needed transportation improvements that
3584are greater than the identified deficiency.
3585     (C)  When the provisions of this subparagraph have been
3586satisfied for a particular stage or phase of development, all
3587transportation impacts from that stage or phase for which
3588mitigation was required and provided shall be deemed fully
3589mitigated in any transportation analysis for a subsequent stage
3590or phase of development. Trips from a previous stage or phase
3591that did not result in impacts for which mitigation was required
3592or provided may be cumulatively analyzed with trips from a
3593subsequent stage or phase to determine whether an impact
3594requires mitigation for the subsequent stage or phase.
3595     (D)  In projecting the number of trips to be generated by
3596the development under review, any trips assigned to a toll-
3597financed facility shall be eliminated from the analysis.
3598     (E)  The applicant shall receive a credit on a dollar-for-
3599dollar basis for impact fees, mobility fees, and other
3600transportation concurrency mitigation requirements paid or
3601payable in the future for the project. The credit shall be
3602reduced up to 20 percent by the percentage share that the
3603project's traffic represents of the added capacity of the
3604selected improvement, or by the amount specified by local
3605ordinance, whichever yields the greater credit.
3606     d.  This subsection does not require a local government to
3607approve a development that is not otherwise qualified for
3608approval pursuant to the applicable local comprehensive plan and
3609land development regulations.
3610     e.  As used in this subsection, the term "transportation
3611deficiency" means a facility or facilities on which the adopted
3612level-of-service standard is exceeded by the existing,
3613committed, and vested trips, plus additional projected
3614background trips from any source other than the development
3615project under review, and trips that are forecast by established
3616traffic standards, including traffic modeling, consistent with
3617the University of Florida's Bureau of Economic and Business
3618Research medium population projections. Additional projected
3619background trips are to be coincident with the particular stage
3620or phase of development under review.
3621     (a)  The Legislature finds that under limited
3622circumstances, countervailing planning and public policy goals
3623may come into conflict with the requirement that adequate public
3624transportation facilities and services be available concurrent
3625with the impacts of such development. The Legislature further
3626finds that the unintended result of the concurrency requirement
3627for transportation facilities is often the discouragement of
3628urban infill development and redevelopment. Such unintended
3629results directly conflict with the goals and policies of the
3630state comprehensive plan and the intent of this part. The
3631Legislature also finds that in urban centers transportation
3632cannot be effectively managed and mobility cannot be improved
3633solely through the expansion of roadway capacity, that the
3634expansion of roadway capacity is not always physically or
3635financially possible, and that a range of transportation
3636alternatives is essential to satisfy mobility needs, reduce
3637congestion, and achieve healthy, vibrant centers.
3638     (b)1.  The following are transportation concurrency
3639exception areas:
3640     a.  A municipality that qualifies as a dense urban land
3641area under s. 163.3164;
3642     b.  An urban service area under s. 163.3164 that has been
3643adopted into the local comprehensive plan and is located within
3644a county that qualifies as a dense urban land area under s.
3645163.3164; and
3646     c.  A county, including the municipalities located therein,
3647which has a population of at least 900,000 and qualifies as a
3648dense urban land area under s. 163.3164, but does not have an
3649urban service area designated in the local comprehensive plan.
3650     2.  A municipality that does not qualify as a dense urban
3651land area pursuant to s. 163.3164 may designate in its local
3652comprehensive plan the following areas as transportation
3653concurrency exception areas:
3654     a.  Urban infill as defined in s. 163.3164;
3655     b.  Community redevelopment areas as defined in s. 163.340;
3656     c.  Downtown revitalization areas as defined in s.
3657163.3164;
3658     d.  Urban infill and redevelopment under s. 163.2517; or
3659     e.  Urban service areas as defined in s. 163.3164 or areas
3660within a designated urban service boundary under s.
3661163.3177(14).
3662     3.  A county that does not qualify as a dense urban land
3663area pursuant to s. 163.3164 may designate in its local
3664comprehensive plan the following areas as transportation
3665concurrency exception areas:
3666     a.  Urban infill as defined in s. 163.3164;
3667     b.  Urban infill and redevelopment under s. 163.2517; or
3668     c.  Urban service areas as defined in s. 163.3164.
3669     4.  A local government that has a transportation
3670concurrency exception area designated pursuant to subparagraph
36711., subparagraph 2., or subparagraph 3. shall, within 2 years
3672after the designated area becomes exempt, adopt into its local
3673comprehensive plan land use and transportation strategies to
3674support and fund mobility within the exception area, including
3675alternative modes of transportation. Local governments are
3676encouraged to adopt complementary land use and transportation
3677strategies that reflect the region's shared vision for its
3678future. If the state land planning agency finds insufficient
3679cause for the failure to adopt into its comprehensive plan land
3680use and transportation strategies to support and fund mobility
3681within the designated exception area after 2 years, it shall
3682submit the finding to the Administration Commission, which may
3683impose any of the sanctions set forth in s. 163.3184(11)(a) and
3684(b) against the local government.
3685     5.  Transportation concurrency exception areas designated
3686pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3687do not apply to designated transportation concurrency districts
3688located within a county that has a population of at least 1.5
3689million, has implemented and uses a transportation-related
3690concurrency assessment to support alternative modes of
3691transportation, including, but not limited to, mass transit, and
3692does not levy transportation impact fees within the concurrency
3693district.
3694     6.  Transportation concurrency exception areas designated
3695under subparagraph 1., subparagraph 2., or subparagraph 3. do
3696not apply in any county that has exempted more than 40 percent
3697of the area inside the urban service area from transportation
3698concurrency for the purpose of urban infill.
3699     7.  A local government that does not have a transportation
3700concurrency exception area designated pursuant to subparagraph
37011., subparagraph 2., or subparagraph 3. may grant an exception
3702from the concurrency requirement for transportation facilities
3703if the proposed development is otherwise consistent with the
3704adopted local government comprehensive plan and is a project
3705that promotes public transportation or is located within an area
3706designated in the comprehensive plan for:
3707     a.  Urban infill development;
3708     b.  Urban redevelopment;
3709     c.  Downtown revitalization;
3710     d.  Urban infill and redevelopment under s. 163.2517; or
3711     e.  An urban service area specifically designated as a
3712transportation concurrency exception area which includes lands
3713appropriate for compact, contiguous urban development, which
3714does not exceed the amount of land needed to accommodate the
3715projected population growth at densities consistent with the
3716adopted comprehensive plan within the 10-year planning period,
3717and which is served or is planned to be served with public
3718facilities and services as provided by the capital improvements
3719element.
3720     (c)  The Legislature also finds that developments located
3721within urban infill, urban redevelopment, urban service, or
3722downtown revitalization areas or areas designated as urban
3723infill and redevelopment areas under s. 163.2517, which pose
3724only special part-time demands on the transportation system, are
3725exempt from the concurrency requirement for transportation
3726facilities. A special part-time demand is one that does not have
3727more than 200 scheduled events during any calendar year and does
3728not affect the 100 highest traffic volume hours.
3729     (d)  Except for transportation concurrency exception areas
3730designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3731or subparagraph (b)3., the following requirements apply:
3732     1.  The local government shall both adopt into the
3733comprehensive plan and implement long-term strategies to support
3734and fund mobility within the designated exception area,
3735including alternative modes of transportation. The plan
3736amendment must also demonstrate how strategies will support the
3737purpose of the exception and how mobility within the designated
3738exception area will be provided.
3739     2.  The strategies must address urban design; appropriate
3740land use mixes, including intensity and density; and network
3741connectivity plans needed to promote urban infill,
3742redevelopment, or downtown revitalization. The comprehensive
3743plan amendment designating the concurrency exception area must
3744be accompanied by data and analysis supporting the local
3745government's determination of the boundaries of the
3746transportation concurrency exception area.
3747     (e)  Before designating a concurrency exception area
3748pursuant to subparagraph (b)7., the state land planning agency
3749and the Department of Transportation shall be consulted by the
3750local government to assess the impact that the proposed
3751exception area is expected to have on the adopted level-of-
3752service standards established for regional transportation
3753facilities identified pursuant to s. 186.507, including the
3754Strategic Intermodal System and roadway facilities funded in
3755accordance with s. 339.2819. Further, the local government shall
3756provide a plan for the mitigation of impacts to the Strategic
3757Intermodal System, including, if appropriate, access management,
3758parallel reliever roads, transportation demand management, and
3759other measures.
3760     (f)  The designation of a transportation concurrency
3761exception area does not limit a local government's home rule
3762power to adopt ordinances or impose fees. This subsection does
3763not affect any contract or agreement entered into or development
3764order rendered before the creation of the transportation
3765concurrency exception area except as provided in s.
3766380.06(29)(e).
3767     (g)  The Office of Program Policy Analysis and Government
3768Accountability shall submit to the President of the Senate and
3769the Speaker of the House of Representatives by February 1, 2015,
3770a report on transportation concurrency exception areas created
3771pursuant to this subsection. At a minimum, the report shall
3772address the methods that local governments have used to
3773implement and fund transportation strategies to achieve the
3774purposes of designated transportation concurrency exception
3775areas, and the effects of the strategies on mobility,
3776congestion, urban design, the density and intensity of land use
3777mixes, and network connectivity plans used to promote urban
3778infill, redevelopment, or downtown revitalization.
3779     (6)  The Legislature finds that a de minimis impact is
3780consistent with this part. A de minimis impact is an impact that
3781would not affect more than 1 percent of the maximum volume at
3782the adopted level of service of the affected transportation
3783facility as determined by the local government. No impact will
3784be de minimis if the sum of existing roadway volumes and the
3785projected volumes from approved projects on a transportation
3786facility would exceed 110 percent of the maximum volume at the
3787adopted level of service of the affected transportation
3788facility; provided however, that an impact of a single family
3789home on an existing lot will constitute a de minimis impact on
3790all roadways regardless of the level of the deficiency of the
3791roadway. Further, no impact will be de minimis if it would
3792exceed the adopted level-of-service standard of any affected
3793designated hurricane evacuation routes. Each local government
3794shall maintain sufficient records to ensure that the 110-percent
3795criterion is not exceeded. Each local government shall submit
3796annually, with its updated capital improvements element, a
3797summary of the de minimis records. If the state land planning
3798agency determines that the 110-percent criterion has been
3799exceeded, the state land planning agency shall notify the local
3800government of the exceedance and that no further de minimis
3801exceptions for the applicable roadway may be granted until such
3802time as the volume is reduced below the 110 percent. The local
3803government shall provide proof of this reduction to the state
3804land planning agency before issuing further de minimis
3805exceptions.
3806     (7)  In order to promote infill development and
3807redevelopment, one or more transportation concurrency management
3808areas may be designated in a local government comprehensive
3809plan. A transportation concurrency management area must be a
3810compact geographic area with an existing network of roads where
3811multiple, viable alternative travel paths or modes are available
3812for common trips. A local government may establish an areawide
3813level-of-service standard for such a transportation concurrency
3814management area based upon an analysis that provides for a
3815justification for the areawide level of service, how urban
3816infill development or redevelopment will be promoted, and how
3817mobility will be accomplished within the transportation
3818concurrency management area. Prior to the designation of a
3819concurrency management area, the Department of Transportation
3820shall be consulted by the local government to assess the impact
3821that the proposed concurrency management area is expected to
3822have on the adopted level-of-service standards established for
3823Strategic Intermodal System facilities, as defined in s. 339.64,
3824and roadway facilities funded in accordance with s. 339.2819.
3825Further, the local government shall, in cooperation with the
3826Department of Transportation, develop a plan to mitigate any
3827impacts to the Strategic Intermodal System, including, if
3828appropriate, the development of a long-term concurrency
3829management system pursuant to subsection (9) and s.
3830163.3177(3)(d). Transportation concurrency management areas
3831existing prior to July 1, 2005, shall meet, at a minimum, the
3832provisions of this section by July 1, 2006, or at the time of
3833the comprehensive plan update pursuant to the evaluation and
3834appraisal report, whichever occurs last. The state land planning
3835agency shall amend chapter 9J-5, Florida Administrative Code, to
3836be consistent with this subsection.
3837     (8)  When assessing the transportation impacts of proposed
3838urban redevelopment within an established existing urban service
3839area, 110 percent of the actual transportation impact caused by
3840the previously existing development must be reserved for the
3841redevelopment, even if the previously existing development has a
3842lesser or nonexisting impact pursuant to the calculations of the
3843local government. Redevelopment requiring less than 110 percent
3844of the previously existing capacity shall not be prohibited due
3845to the reduction of transportation levels of service below the
3846adopted standards. This does not preclude the appropriate
3847assessment of fees or accounting for the impacts within the
3848concurrency management system and capital improvements program
3849of the affected local government. This paragraph does not affect
3850local government requirements for appropriate development
3851permits.
3852     (9)(a)  Each local government may adopt as a part of its
3853plan, long-term transportation and school concurrency management
3854systems with a planning period of up to 10 years for specially
3855designated districts or areas where significant backlogs exist.
3856The plan may include interim level-of-service standards on
3857certain facilities and shall rely on the local government's
3858schedule of capital improvements for up to 10 years as a basis
3859for issuing development orders that authorize commencement of
3860construction in these designated districts or areas. The
3861concurrency management system must be designed to correct
3862existing deficiencies and set priorities for addressing
3863backlogged facilities. The concurrency management system must be
3864financially feasible and consistent with other portions of the
3865adopted local plan, including the future land use map.
3866     (b)  If a local government has a transportation or school
3867facility backlog for existing development which cannot be
3868adequately addressed in a 10-year plan, the state land planning
3869agency may allow it to develop a plan and long-term schedule of
3870capital improvements covering up to 15 years for good and
3871sufficient cause, based on a general comparison between that
3872local government and all other similarly situated local
3873jurisdictions, using the following factors:
3874     1.  The extent of the backlog.
3875     2.  For roads, whether the backlog is on local or state
3876roads.
3877     3.  The cost of eliminating the backlog.
3878     4.  The local government's tax and other revenue-raising
3879efforts.
3880     (c)  The local government may issue approvals to commence
3881construction notwithstanding this section, consistent with and
3882in areas that are subject to a long-term concurrency management
3883system.
3884     (d)  If the local government adopts a long-term concurrency
3885management system, it must evaluate the system periodically. At
3886a minimum, the local government must assess its progress toward
3887improving levels of service within the long-term concurrency
3888management district or area in the evaluation and appraisal
3889report and determine any changes that are necessary to
3890accelerate progress in meeting acceptable levels of service.
3891     (10)  Except in transportation concurrency exception areas,
3892with regard to roadway facilities on the Strategic Intermodal
3893System designated in accordance with s. 339.63, local
3894governments shall adopt the level-of-service standard
3895established by the Department of Transportation by rule.
3896However, if the Office of Tourism, Trade, and Economic
3897Development concurs in writing with the local government that
3898the proposed development is for a qualified job creation project
3899under s. 288.0656 or s. 403.973, the affected local government,
3900after consulting with the Department of Transportation, may
3901provide for a waiver of transportation concurrency for the
3902project. For all other roads on the State Highway System, local
3903governments shall establish an adequate level-of-service
3904standard that need not be consistent with any level-of-service
3905standard established by the Department of Transportation. In
3906establishing adequate level-of-service standards for any
3907arterial roads, or collector roads as appropriate, which
3908traverse multiple jurisdictions, local governments shall
3909consider compatibility with the roadway facility's adopted
3910level-of-service standards in adjacent jurisdictions. Each local
3911government within a county shall use a professionally accepted
3912methodology for measuring impacts on transportation facilities
3913for the purposes of implementing its concurrency management
3914system. Counties are encouraged to coordinate with adjacent
3915counties, and local governments within a county are encouraged
3916to coordinate, for the purpose of using common methodologies for
3917measuring impacts on transportation facilities for the purpose
3918of implementing their concurrency management systems.
3919     (11)  In order to limit the liability of local governments,
3920a local government may allow a landowner to proceed with
3921development of a specific parcel of land notwithstanding a
3922failure of the development to satisfy transportation
3923concurrency, when all the following factors are shown to exist:
3924     (a)  The local government with jurisdiction over the
3925property has adopted a local comprehensive plan that is in
3926compliance.
3927     (b)  The proposed development would be consistent with the
3928future land use designation for the specific property and with
3929pertinent portions of the adopted local plan, as determined by
3930the local government.
3931     (c)  The local plan includes a financially feasible capital
3932improvements element that provides for transportation facilities
3933adequate to serve the proposed development, and the local
3934government has not implemented that element.
3935     (d)  The local government has provided a means by which the
3936landowner will be assessed a fair share of the cost of providing
3937the transportation facilities necessary to serve the proposed
3938development.
3939     (e)  The landowner has made a binding commitment to the
3940local government to pay the fair share of the cost of providing
3941the transportation facilities to serve the proposed development.
3942     (12)(a)  A development of regional impact may satisfy the
3943transportation concurrency requirements of the local
3944comprehensive plan, the local government's concurrency
3945management system, and s. 380.06 by payment of a proportionate-
3946share contribution for local and regionally significant traffic
3947impacts, if:
3948     1.  The development of regional impact which, based on its
3949location or mix of land uses, is designed to encourage
3950pedestrian or other nonautomotive modes of transportation;
3951     2.  The proportionate-share contribution for local and
3952regionally significant traffic impacts is sufficient to pay for
3953one or more required mobility improvements that will benefit a
3954regionally significant transportation facility;
3955     3.  The owner and developer of the development of regional
3956impact pays or assures payment of the proportionate-share
3957contribution; and
3958     4.  If the regionally significant transportation facility
3959to be constructed or improved is under the maintenance authority
3960of a governmental entity, as defined by s. 334.03(12), other
3961than the local government with jurisdiction over the development
3962of regional impact, the developer is required to enter into a
3963binding and legally enforceable commitment to transfer funds to
3964the governmental entity having maintenance authority or to
3965otherwise assure construction or improvement of the facility.
3966
3967The proportionate-share contribution may be applied to any
3968transportation facility to satisfy the provisions of this
3969subsection and the local comprehensive plan, but, for the
3970purposes of this subsection, the amount of the proportionate-
3971share contribution shall be calculated based upon the cumulative
3972number of trips from the proposed development expected to reach
3973roadways during the peak hour from the complete buildout of a
3974stage or phase being approved, divided by the change in the peak
3975hour maximum service volume of roadways resulting from
3976construction of an improvement necessary to maintain the adopted
3977level of service, multiplied by the construction cost, at the
3978time of developer payment, of the improvement necessary to
3979maintain the adopted level of service. For purposes of this
3980subsection, "construction cost" includes all associated costs of
3981the improvement. Proportionate-share mitigation shall be limited
3982to ensure that a development of regional impact meeting the
3983requirements of this subsection mitigates its impact on the
3984transportation system but is not responsible for the additional
3985cost of reducing or eliminating backlogs. This subsection also
3986applies to Florida Quality Developments pursuant to s. 380.061
3987and to detailed specific area plans implementing optional sector
3988plans pursuant to s. 163.3245.
3989     (b)  As used in this subsection, the term "backlog" means a
3990facility or facilities on which the adopted level-of-service
3991standard is exceeded by the existing trips, plus additional
3992projected background trips from any source other than the
3993development project under review that are forecast by
3994established traffic standards, including traffic modeling,
3995consistent with the University of Florida Bureau of Economic and
3996Business Research medium population projections. Additional
3997projected background trips are to be coincident with the
3998particular stage or phase of development under review.
3999     (13)  School concurrency shall be established on a
4000districtwide basis and shall include all public schools in the
4001district and all portions of the district, whether located in a
4002municipality or an unincorporated area unless exempt from the
4003public school facilities element pursuant to s. 163.3177(12).
4004     (6)(a)  If concurrency is applied to public education
4005facilities, The application of school concurrency to development
4006shall be based upon the adopted comprehensive plan, as amended.
4007all local governments within a county, except as provided in
4008paragraph (i) (f), shall include principles, guidelines,
4009standards, and strategies, including adopted levels of service,
4010in their comprehensive plans and adopt and transmit to the state
4011land planning agency the necessary plan amendments, along with
4012the interlocal agreements. If the county and one or more
4013municipalities have adopted school concurrency into its
4014comprehensive plan and interlocal agreement that represents at
4015least 80 percent of the total countywide population, the failure
4016of one or more municipalities to adopt the concurrency and enter
4017into the interlocal agreement does not preclude implementation
4018of school concurrency within jurisdictions of the school
4019district that have opted to implement concurrency. agreement,
4020for a compliance review pursuant to s. 163.3184(7) and (8). The
4021minimum requirements for school concurrency are the following:
4022     (a)  Public school facilities element.-A local government
4023shall adopt and transmit to the state land planning agency a
4024plan or plan amendment which includes a public school facilities
4025element which is consistent with the requirements of s.
4026163.3177(12) and which is determined to be in compliance as
4027defined in s. 163.3184(1)(b). All local government provisions
4028included in comprehensive plans regarding school concurrency
4029public school facilities plan elements within a county must be
4030consistent with each other as well as the requirements of this
4031part.
4032     (b)  Level-of-service standards.-The Legislature recognizes
4033that an essential requirement for a concurrency management
4034system is the level of service at which a public facility is
4035expected to operate.
4036     1.  Local governments and school boards imposing school
4037concurrency shall exercise authority in conjunction with each
4038other to establish jointly adequate level-of-service standards,
4039as defined in chapter 9J-5, Florida Administrative Code,
4040necessary to implement the adopted local government
4041comprehensive plan, based on data and analysis.
4042     (c)2.  Public school level-of-service standards shall be
4043included and adopted into the capital improvements element of
4044the local comprehensive plan and shall apply districtwide to all
4045schools of the same type. Types of schools may include
4046elementary, middle, and high schools as well as special purpose
4047facilities such as magnet schools.
4048     (d)3.  Local governments and school boards may shall have
4049the option to utilize tiered level-of-service standards to allow
4050time to achieve an adequate and desirable level of service as
4051circumstances warrant.
4052     (e)4.  For the purpose of determining whether levels of
4053service have been achieved, for the first 3 years of school
4054concurrency implementation, A school district that includes
4055relocatable facilities in its inventory of student stations
4056shall include the capacity of such relocatable facilities as
4057provided in s. 1013.35(2)(b)2.f., provided the relocatable
4058facilities were purchased after 1998 and the relocatable
4059facilities meet the standards for long-term use pursuant to s.
40601013.20.
4061     (c)  Service areas.-The Legislature recognizes that an
4062essential requirement for a concurrency system is a designation
4063of the area within which the level of service will be measured
4064when an application for a residential development permit is
4065reviewed for school concurrency purposes. This delineation is
4066also important for purposes of determining whether the local
4067government has a financially feasible public school capital
4068facilities program that will provide schools which will achieve
4069and maintain the adopted level-of-service standards.
4070     (f)1.  In order to balance competing interests, preserve
4071the constitutional concept of uniformity, and avoid disruption
4072of existing educational and growth management processes, local
4073governments are encouraged, if they elect to adopt school
4074concurrency, to initially apply school concurrency to
4075development only on a districtwide basis so that a concurrency
4076determination for a specific development will be based upon the
4077availability of school capacity districtwide. To ensure that
4078development is coordinated with schools having available
4079capacity, within 5 years after adoption of school concurrency,
40802.  If a local government elects to governments shall apply
4081school concurrency on a less than districtwide basis, by such as
4082using school attendance zones or concurrency service areas:, as
4083provided in subparagraph 2.
4084     a.2.  For local governments applying school concurrency on
4085a less than districtwide basis, such as utilizing school
4086attendance zones or larger school concurrency service areas,
4087Local governments and school boards shall have the burden to
4088demonstrate that the utilization of school capacity is maximized
4089to the greatest extent possible in the comprehensive plan and
4090amendment, taking into account transportation costs and court-
4091approved desegregation plans, as well as other factors. In
4092addition, in order to achieve concurrency within the service
4093area boundaries selected by local governments and school boards,
4094the service area boundaries, together with the standards for
4095establishing those boundaries, shall be identified and included
4096as supporting data and analysis for the comprehensive plan.
4097     b.3.  Where school capacity is available on a districtwide
4098basis but school concurrency is applied on a less than
4099districtwide basis in the form of concurrency service areas, if
4100the adopted level-of-service standard cannot be met in a
4101particular service area as applied to an application for a
4102development permit and if the needed capacity for the particular
4103service area is available in one or more contiguous service
4104areas, as adopted by the local government, then the local
4105government may not deny an application for site plan or final
4106subdivision approval or the functional equivalent for a
4107development or phase of a development on the basis of school
4108concurrency, and if issued, development impacts shall be
4109subtracted from the shifted to  contiguous service area's areas
4110with schools having available capacity totals. Students from the
4111development may not be required to go to the adjacent service
4112area unless the school board rezones the area in which the
4113development occurs.
4114     (g)(d)  Financial feasibility.-The Legislature recognizes
4115that financial feasibility is an important issue because The
4116premise of concurrency is that the public facilities will be
4117provided in order to achieve and maintain the adopted level-of-
4118service standard. This part and chapter 9J-5, Florida
4119Administrative Code, contain specific standards to determine the
4120financial feasibility of capital programs. These standards were
4121adopted to make concurrency more predictable and local
4122governments more accountable.
4123     1.  A comprehensive plan that imposes amendment seeking to
4124impose school concurrency shall contain appropriate amendments
4125to the capital improvements element of the comprehensive plan,
4126consistent with the requirements of s. 163.3177(3) and rule 9J-
41275.016, Florida Administrative Code. The capital improvements
4128element shall identify facilities necessary to meet adopted
4129levels of service during a 5-year period consistent with the
4130school board's educational set forth a financially feasible
4131public school capital facilities plan program, established in
4132conjunction with the school board, that demonstrates that the
4133adopted level-of-service standards will be achieved and
4134maintained.
4135     (h)1.  In order to limit the liability of local
4136governments, a local government may allow a landowner to proceed
4137with development of a specific parcel of land notwithstanding a
4138failure of the development to satisfy school concurrency, if all
4139the following factors are shown to exist:
4140     a.  The proposed development would be consistent with the
4141future land use designation for the specific property and with
4142pertinent portions of the adopted local plan, as determined by
4143the local government.
4144     b.  The local government's capital improvements element and
4145the school board's educational facilities plan provide for
4146school facilities adequate to serve the proposed development,
4147and the local government or school board has not implemented
4148that element or the project includes a plan that demonstrates
4149that the capital facilities needed as a result of the project
4150can be reasonably provided.
4151     c.  The local government and school board have provided a
4152means by which the landowner will be assessed a proportionate
4153share of the cost of providing the school facilities necessary
4154to serve the proposed development.
4155     2.  Such amendments shall demonstrate that the public
4156school capital facilities program meets all of the financial
4157feasibility standards of this part and chapter 9J-5, Florida
4158Administrative Code, that apply to capital programs which
4159provide the basis for mandatory concurrency on other public
4160facilities and services.
4161     3.  When the financial feasibility of a public school
4162capital facilities program is evaluated by the state land
4163planning agency for purposes of a compliance determination, the
4164evaluation shall be based upon the service areas selected by the
4165local governments and school board.
4166     2.(e)  Availability standard.-Consistent with the public
4167welfare, If a local government applies school concurrency, it
4168may not deny an application for site plan, final subdivision
4169approval, or the functional equivalent for a development or
4170phase of a development authorizing residential development for
4171failure to achieve and maintain the level-of-service standard
4172for public school capacity in a local school concurrency
4173management system where adequate school facilities will be in
4174place or under actual construction within 3 years after the
4175issuance of final subdivision or site plan approval, or the
4176functional equivalent. School concurrency is satisfied if the
4177developer executes a legally binding commitment to provide
4178mitigation proportionate to the demand for public school
4179facilities to be created by actual development of the property,
4180including, but not limited to, the options described in sub-
4181subparagraph a. subparagraph 1. Options for proportionate-share
4182mitigation of impacts on public school facilities must be
4183established in the comprehensive plan public school facilities
4184element and the interlocal agreement pursuant to s. 163.31777.
4185     a.1.  Appropriate mitigation options include the
4186contribution of land; the construction, expansion, or payment
4187for land acquisition or construction of a public school
4188facility; the construction of a charter school that complies
4189with the requirements of s. 1002.33(18); or the creation of
4190mitigation banking based on the construction of a public school
4191facility in exchange for the right to sell capacity credits.
4192Such options must include execution by the applicant and the
4193local government of a development agreement that constitutes a
4194legally binding commitment to pay proportionate-share mitigation
4195for the additional residential units approved by the local
4196government in a development order and actually developed on the
4197property, taking into account residential density allowed on the
4198property prior to the plan amendment that increased the overall
4199residential density. The district school board must be a party
4200to such an agreement. As a condition of its entry into such a
4201development agreement, the local government may require the
4202landowner to agree to continuing renewal of the agreement upon
4203its expiration.
4204     b.2.  If the interlocal agreement education facilities plan
4205and the local government comprehensive plan public educational
4206facilities element authorize a contribution of land; the
4207construction, expansion, or payment for land acquisition; the
4208construction or expansion of a public school facility, or a
4209portion thereof; or the construction of a charter school that
4210complies with the requirements of s. 1002.33(18), as
4211proportionate-share mitigation, the local government shall
4212credit such a contribution, construction, expansion, or payment
4213toward any other impact fee or exaction imposed by local
4214ordinance for the same need, on a dollar-for-dollar basis at
4215fair market value.
4216     c.3.  Any proportionate-share mitigation must be directed
4217by the school board toward a school capacity improvement
4218identified in the a financially feasible 5-year school board's
4219educational facilities district work plan that satisfies the
4220demands created by the development in accordance with a binding
4221developer's agreement.
4222     4.  If a development is precluded from commencing because
4223there is inadequate classroom capacity to mitigate the impacts
4224of the development, the development may nevertheless commence if
4225there are accelerated facilities in an approved capital
4226improvement element scheduled for construction in year four or
4227later of such plan which, when built, will mitigate the proposed
4228development, or if such accelerated facilities will be in the
4229next annual update of the capital facilities element, the
4230developer enters into a binding, financially guaranteed
4231agreement with the school district to construct an accelerated
4232facility within the first 3 years of an approved capital
4233improvement plan, and the cost of the school facility is equal
4234to or greater than the development's proportionate share. When
4235the completed school facility is conveyed to the school
4236district, the developer shall receive impact fee credits usable
4237within the zone where the facility is constructed or any
4238attendance zone contiguous with or adjacent to the zone where
4239the facility is constructed.
4240     3.5.  This paragraph does not limit the authority of a
4241local government to deny a development permit or its functional
4242equivalent pursuant to its home rule regulatory powers, except
4243as provided in this part.
4244     (i)(f)  Intergovernmental coordination.-
4245     1.  When establishing concurrency requirements for public
4246schools, a local government shall satisfy the requirements for
4247intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4248and 2., except that A municipality is not required to be a
4249signatory to the interlocal agreement required by paragraph (j)
4250ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4251imposition of school concurrency, and as a nonsignatory, may
4252shall not participate in the adopted local school concurrency
4253system, if the municipality meets all of the following criteria
4254for having no significant impact on school attendance:
4255     1.a.  The municipality has issued development orders for
4256fewer than 50 residential dwelling units during the preceding 5
4257years, or the municipality has generated fewer than 25
4258additional public school students during the preceding 5 years.
4259     2.b.  The municipality has not annexed new land during the
4260preceding 5 years in land use categories which permit
4261residential uses that will affect school attendance rates.
4262     3.c.  The municipality has no public schools located within
4263its boundaries.
4264     4.d.  At least 80 percent of the developable land within
4265the boundaries of the municipality has been built upon.
4266     2.  A municipality which qualifies as having no significant
4267impact on school attendance pursuant to the criteria of
4268subparagraph 1. must review and determine at the time of its
4269evaluation and appraisal report pursuant to s. 163.3191 whether
4270it continues to meet the criteria pursuant to s. 163.31777(6).
4271If the municipality determines that it no longer meets the
4272criteria, it must adopt appropriate school concurrency goals,
4273objectives, and policies in its plan amendments based on the
4274evaluation and appraisal report, and enter into the existing
4275interlocal agreement required by ss. 163.3177(6)(h)2. and
4276163.31777, in order to fully participate in the school
4277concurrency system. If such a municipality fails to do so, it
4278will be subject to the enforcement provisions of s. 163.3191.
4279     (j)(g)  Interlocal agreement for school concurrency.-When
4280establishing concurrency requirements for public schools, a
4281local government must enter into an interlocal agreement that
4282satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4283163.31777 and the requirements of this subsection. The
4284interlocal agreement shall acknowledge both the school board's
4285constitutional and statutory obligations to provide a uniform
4286system of free public schools on a countywide basis, and the
4287land use authority of local governments, including their
4288authority to approve or deny comprehensive plan amendments and
4289development orders. The interlocal agreement shall be submitted
4290to the state land planning agency by the local government as a
4291part of the compliance review, along with the other necessary
4292amendments to the comprehensive plan required by this part. In
4293addition to the requirements of ss. 163.3177(6)(h) and
4294163.31777, The interlocal agreement shall meet the following
4295requirements:
4296     1.  Establish the mechanisms for coordinating the
4297development, adoption, and amendment of each local government's
4298school concurrency related provisions of the comprehensive plan
4299public school facilities element with each other and the plans
4300of the school board to ensure a uniform districtwide school
4301concurrency system.
4302     2.  Establish a process for the development of siting
4303criteria which encourages the location of public schools
4304proximate to urban residential areas to the extent possible and
4305seeks to collocate schools with other public facilities such as
4306parks, libraries, and community centers to the extent possible.
4307     2.3.  Specify uniform, districtwide level-of-service
4308standards for public schools of the same type and the process
4309for modifying the adopted level-of-service standards.
4310     4.  Establish a process for the preparation, amendment, and
4311joint approval by each local government and the school board of
4312a public school capital facilities program which is financially
4313feasible, and a process and schedule for incorporation of the
4314public school capital facilities program into the local
4315government comprehensive plans on an annual basis.
4316     3.5.  Define the geographic application of school
4317concurrency. If school concurrency is to be applied on a less
4318than districtwide basis in the form of concurrency service
4319areas, the agreement shall establish criteria and standards for
4320the establishment and modification of school concurrency service
4321areas. The agreement shall also establish a process and schedule
4322for the mandatory incorporation of the school concurrency
4323service areas and the criteria and standards for establishment
4324of the service areas into the local government comprehensive
4325plans. The agreement shall ensure maximum utilization of school
4326capacity, taking into account transportation costs and court-
4327approved desegregation plans, as well as other factors. The
4328agreement shall also ensure the achievement and maintenance of
4329the adopted level-of-service standards for the geographic area
4330of application throughout the 5 years covered by the public
4331school capital facilities plan and thereafter by adding a new
4332fifth year during the annual update.
4333     4.6.  Establish a uniform districtwide procedure for
4334implementing school concurrency which provides for:
4335     a.  The evaluation of development applications for
4336compliance with school concurrency requirements, including
4337information provided by the school board on affected schools,
4338impact on levels of service, and programmed improvements for
4339affected schools and any options to provide sufficient capacity;
4340     b.  An opportunity for the school board to review and
4341comment on the effect of comprehensive plan amendments and
4342rezonings on the public school facilities plan; and
4343     c.  The monitoring and evaluation of the school concurrency
4344system.
4345     7.  Include provisions relating to amendment of the
4346agreement.
4347     5.8.  A process and uniform methodology for determining
4348proportionate-share mitigation pursuant to paragraph (h)
4349subparagraph (e)1.
4350     (k)(h)  Local government authority.-This subsection does
4351not limit the authority of a local government to grant or deny a
4352development permit or its functional equivalent prior to the
4353implementation of school concurrency.
4354     (14)  The state land planning agency shall, by October 1,
43551998, adopt by rule minimum criteria for the review and
4356determination of compliance of a public school facilities
4357element adopted by a local government for purposes of imposition
4358of school concurrency.
4359     (15)(a)  Multimodal transportation districts may be
4360established under a local government comprehensive plan in areas
4361delineated on the future land use map for which the local
4362comprehensive plan assigns secondary priority to vehicle
4363mobility and primary priority to assuring a safe, comfortable,
4364and attractive pedestrian environment, with convenient
4365interconnection to transit. Such districts must incorporate
4366community design features that will reduce the number of
4367automobile trips or vehicle miles of travel and will support an
4368integrated, multimodal transportation system. Prior to the
4369designation of multimodal transportation districts, the
4370Department of Transportation shall be consulted by the local
4371government to assess the impact that the proposed multimodal
4372district area is expected to have on the adopted level-of-
4373service standards established for Strategic Intermodal System
4374facilities, as defined in s. 339.64, and roadway facilities
4375funded in accordance with s. 339.2819. Further, the local
4376government shall, in cooperation with the Department of
4377Transportation, develop a plan to mitigate any impacts to the
4378Strategic Intermodal System, including the development of a
4379long-term concurrency management system pursuant to subsection
4380(9) and s. 163.3177(3)(d). Multimodal transportation districts
4381existing prior to July 1, 2005, shall meet, at a minimum, the
4382provisions of this section by July 1, 2006, or at the time of
4383the comprehensive plan update pursuant to the evaluation and
4384appraisal report, whichever occurs last.
4385     (b)  Community design elements of such a district include:
4386a complementary mix and range of land uses, including
4387educational, recreational, and cultural uses; interconnected
4388networks of streets designed to encourage walking and bicycling,
4389with traffic-calming where desirable; appropriate densities and
4390intensities of use within walking distance of transit stops;
4391daily activities within walking distance of residences, allowing
4392independence to persons who do not drive; public uses, streets,
4393and squares that are safe, comfortable, and attractive for the
4394pedestrian, with adjoining buildings open to the street and with
4395parking not interfering with pedestrian, transit, automobile,
4396and truck travel modes.
4397     (c)  Local governments may establish multimodal level-of-
4398service standards that rely primarily on nonvehicular modes of
4399transportation within the district, when justified by an
4400analysis demonstrating that the existing and planned community
4401design will provide an adequate level of mobility within the
4402district based upon professionally accepted multimodal level-of-
4403service methodologies. The analysis must also demonstrate that
4404the capital improvements required to promote community design
4405are financially feasible over the development or redevelopment
4406timeframe for the district and that community design features
4407within the district provide convenient interconnection for a
4408multimodal transportation system. Local governments may issue
4409development permits in reliance upon all planned community
4410design capital improvements that are financially feasible over
4411the development or redevelopment timeframe for the district,
4412without regard to the period of time between development or
4413redevelopment and the scheduled construction of the capital
4414improvements. A determination of financial feasibility shall be
4415based upon currently available funding or funding sources that
4416could reasonably be expected to become available over the
4417planning period.
4418     (d)  Local governments may reduce impact fees or local
4419access fees for development within multimodal transportation
4420districts based on the reduction of vehicle trips per household
4421or vehicle miles of travel expected from the development pattern
4422planned for the district.
4423     (16)  It is the intent of the Legislature to provide a
4424method by which the impacts of development on transportation
4425facilities can be mitigated by the cooperative efforts of the
4426public and private sectors. The methodology used to calculate
4427proportionate fair-share mitigation under this section shall be
4428as provided for in subsection (12).
4429     (a)  By December 1, 2006, each local government shall adopt
4430by ordinance a methodology for assessing proportionate fair-
4431share mitigation options. By December 1, 2005, the Department of
4432Transportation shall develop a model transportation concurrency
4433management ordinance with methodologies for assessing
4434proportionate fair-share mitigation options.
4435     (b)1.  In its transportation concurrency management system,
4436a local government shall, by December 1, 2006, include
4437methodologies that will be applied to calculate proportionate
4438fair-share mitigation. A developer may choose to satisfy all
4439transportation concurrency requirements by contributing or
4440paying proportionate fair-share mitigation if transportation
4441facilities or facility segments identified as mitigation for
4442traffic impacts are specifically identified for funding in the
44435-year schedule of capital improvements in the capital
4444improvements element of the local plan or the long-term
4445concurrency management system or if such contributions or
4446payments to such facilities or segments are reflected in the 5-
4447year schedule of capital improvements in the next regularly
4448scheduled update of the capital improvements element. Updates to
4449the 5-year capital improvements element which reflect
4450proportionate fair-share contributions may not be found not in
4451compliance based on ss. 163.3164(32) and 163.3177(3) if
4452additional contributions, payments or funding sources are
4453reasonably anticipated during a period not to exceed 10 years to
4454fully mitigate impacts on the transportation facilities.
4455     2.  Proportionate fair-share mitigation shall be applied as
4456a credit against impact fees to the extent that all or a portion
4457of the proportionate fair-share mitigation is used to address
4458the same capital infrastructure improvements contemplated by the
4459local government's impact fee ordinance.
4460     (c)  Proportionate fair-share mitigation includes, without
4461limitation, separately or collectively, private funds,
4462contributions of land, and construction and contribution of
4463facilities and may include public funds as determined by the
4464local government. Proportionate fair-share mitigation may be
4465directed toward one or more specific transportation improvements
4466reasonably related to the mobility demands created by the
4467development and such improvements may address one or more modes
4468of travel. The fair market value of the proportionate fair-share
4469mitigation shall not differ based on the form of mitigation. A
4470local government may not require a development to pay more than
4471its proportionate fair-share contribution regardless of the
4472method of mitigation. Proportionate fair-share mitigation shall
4473be limited to ensure that a development meeting the requirements
4474of this section mitigates its impact on the transportation
4475system but is not responsible for the additional cost of
4476reducing or eliminating backlogs.
4477     (d)  This subsection does not require a local government to
4478approve a development that is not otherwise qualified for
4479approval pursuant to the applicable local comprehensive plan and
4480land development regulations.
4481     (e)  Mitigation for development impacts to facilities on
4482the Strategic Intermodal System made pursuant to this subsection
4483requires the concurrence of the Department of Transportation.
4484     (f)  If the funds in an adopted 5-year capital improvements
4485element are insufficient to fully fund construction of a
4486transportation improvement required by the local government's
4487concurrency management system, a local government and a
4488developer may still enter into a binding proportionate-share
4489agreement authorizing the developer to construct that amount of
4490development on which the proportionate share is calculated if
4491the proportionate-share amount in such agreement is sufficient
4492to pay for one or more improvements which will, in the opinion
4493of the governmental entity or entities maintaining the
4494transportation facilities, significantly benefit the impacted
4495transportation system. The improvements funded by the
4496proportionate-share component must be adopted into the 5-year
4497capital improvements schedule of the comprehensive plan at the
4498next annual capital improvements element update. The funding of
4499any improvements that significantly benefit the impacted
4500transportation system satisfies concurrency requirements as a
4501mitigation of the development's impact upon the overall
4502transportation system even if there remains a failure of
4503concurrency on other impacted facilities.
4504     (g)  Except as provided in subparagraph (b)1., this section
4505may not prohibit the Department of Community Affairs from
4506finding other portions of the capital improvements element
4507amendments not in compliance as provided in this chapter.
4508     (h)  The provisions of this subsection do not apply to a
4509development of regional impact satisfying the requirements of
4510subsection (12).
4511     (i)  As used in this subsection, the term "backlog" means a
4512facility or facilities on which the adopted level-of-service
4513standard is exceeded by the existing trips, plus additional
4514projected background trips from any source other than the
4515development project under review that are forecast by
4516established traffic standards, including traffic modeling,
4517consistent with the University of Florida Bureau of Economic and
4518Business Research medium population projections. Additional
4519projected background trips are to be coincident with the
4520particular stage or phase of development under review.
4521     (17)  A local government and the developer of affordable
4522workforce housing units developed in accordance with s.
4523380.06(19) or s. 380.0651(3) may identify an employment center
4524or centers in close proximity to the affordable workforce
4525housing units. If at least 50 percent of the units are occupied
4526by an employee or employees of an identified employment center
4527or centers, all of the affordable workforce housing units are
4528exempt from transportation concurrency requirements, and the
4529local government may not reduce any transportation trip-
4530generation entitlements of an approved development-of-regional-
4531impact development order. As used in this subsection, the term
4532"close proximity" means 5 miles from the nearest point of the
4533development of regional impact to the nearest point of the
4534employment center, and the term "employment center" means a
4535place of employment that employs at least 25 or more full-time
4536employees.
4537     Section 16.  Section 163.3182, Florida Statutes, is amended
4538to read:
4539     163.3182  Transportation deficiencies concurrency
4540backlogs.-
4541     (1)  DEFINITIONS.-For purposes of this section, the term:
4542     (a)  "Transportation deficiency concurrency backlog area"
4543means the geographic area within the unincorporated portion of a
4544county or within the municipal boundary of a municipality
4545designated in a local government comprehensive plan for which a
4546transportation development concurrency backlog authority is
4547created pursuant to this section. A transportation deficiency
4548concurrency backlog area created within the corporate boundary
4549of a municipality shall be made pursuant to an interlocal
4550agreement between a county, a municipality or municipalities,
4551and any affected taxing authority or authorities.
4552     (b)  "Authority" or "transportation development concurrency
4553backlog authority" means the governing body of a county or
4554municipality within which an authority is created.
4555     (c)  "Governing body" means the council, commission, or
4556other legislative body charged with governing the county or
4557municipality within which an a transportation concurrency
4558backlog authority is created pursuant to this section.
4559     (d)  "Transportation deficiency concurrency backlog" means
4560an identified need deficiency where the existing and projected
4561extent of traffic volume exceeds the level of service standard
4562adopted in a local government comprehensive plan for a
4563transportation facility.
4564     (e)  "Transportation sufficiency concurrency backlog plan"
4565means the plan adopted as part of a local government
4566comprehensive plan by the governing body of a county or
4567municipality acting as a transportation development concurrency
4568backlog authority.
4569     (f)  "Transportation concurrency backlog project" means any
4570designated transportation project identified for construction
4571within the jurisdiction of a transportation development
4572concurrency backlog authority.
4573     (g)  "Debt service millage" means any millage levied
4574pursuant to s. 12, Art. VII of the State Constitution.
4575     (h)  "Increment revenue" means the amount calculated
4576pursuant to subsection (5).
4577     (i)  "Taxing authority" means a public body that levies or
4578is authorized to levy an ad valorem tax on real property located
4579within a transportation deficiency concurrency backlog area,
4580except a school district.
4581     (2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4582BACKLOG AUTHORITIES.-
4583     (a)  A county or municipality may create a transportation
4584development concurrency backlog authority if it has an
4585identified transportation deficiency concurrency backlog.
4586     (b)  Acting as the transportation development concurrency
4587backlog authority within the authority's jurisdictional
4588boundary, the governing body of a county or municipality shall
4589adopt and implement a plan to eliminate all identified
4590transportation deficiencies concurrency backlogs within the
4591authority's jurisdiction using funds provided pursuant to
4592subsection (5) and as otherwise provided pursuant to this
4593section.
4594     (c)  The Legislature finds and declares that there exist in
4595many counties and municipalities areas that have significant
4596transportation deficiencies and inadequate transportation
4597facilities; that many insufficiencies and inadequacies severely
4598limit or prohibit the satisfaction of transportation level of
4599service concurrency standards; that the transportation
4600insufficiencies and inadequacies affect the health, safety, and
4601welfare of the residents of these counties and municipalities;
4602that the transportation insufficiencies and inadequacies
4603adversely affect economic development and growth of the tax base
4604for the areas in which these insufficiencies and inadequacies
4605exist; and that the elimination of transportation deficiencies
4606and inadequacies and the satisfaction of transportation
4607concurrency standards are paramount public purposes for the
4608state and its counties and municipalities.
4609     (3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4610BACKLOG AUTHORITY.-Each transportation development concurrency
4611backlog authority created pursuant to this section has the
4612powers necessary or convenient to carry out the purposes of this
4613section, including the following powers in addition to others
4614granted in this section:
4615     (a)  To make and execute contracts and other instruments
4616necessary or convenient to the exercise of its powers under this
4617section.
4618     (b)  To undertake and carry out transportation concurrency
4619backlog projects for transportation facilities designed to
4620relieve transportation deficiencies that have a concurrency
4621backlog within the authority's jurisdiction. Transportation
4622Concurrency backlog projects may include transportation
4623facilities that provide for alternative modes of travel
4624including sidewalks, bikeways, and mass transit which are
4625related to a deficient backlogged transportation facility.
4626     (c)  To invest any transportation concurrency backlog funds
4627held in reserve, sinking funds, or any such funds not required
4628for immediate disbursement in property or securities in which
4629savings banks may legally invest funds subject to the control of
4630the authority and to redeem such bonds as have been issued
4631pursuant to this section at the redemption price established
4632therein, or to purchase such bonds at less than redemption
4633price. All such bonds redeemed or purchased shall be canceled.
4634     (d)  To borrow money, including, but not limited to,
4635issuing debt obligations such as, but not limited to, bonds,
4636notes, certificates, and similar debt instruments; to apply for
4637and accept advances, loans, grants, contributions, and any other
4638forms of financial assistance from the Federal Government or the
4639state, county, or any other public body or from any sources,
4640public or private, for the purposes of this part; to give such
4641security as may be required; to enter into and carry out
4642contracts or agreements; and to include in any contracts for
4643financial assistance with the Federal Government for or with
4644respect to a transportation concurrency backlog project and
4645related activities such conditions imposed under federal laws as
4646the transportation development concurrency backlog authority
4647considers reasonable and appropriate and which are not
4648inconsistent with the purposes of this section.
4649     (e)  To make or have made all surveys and plans necessary
4650to the carrying out of the purposes of this section; to contract
4651with any persons, public or private, in making and carrying out
4652such plans; and to adopt, approve, modify, or amend such
4653transportation sufficiency concurrency backlog plans.
4654     (f)  To appropriate such funds and make such expenditures
4655as are necessary to carry out the purposes of this section, and
4656to enter into agreements with other public bodies, which
4657agreements may extend over any period notwithstanding any
4658provision or rule of law to the contrary.
4659     (4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4660     (a)  Each transportation development concurrency backlog
4661authority shall adopt a transportation sufficiency concurrency
4662backlog plan as a part of the local government comprehensive
4663plan within 6 months after the creation of the authority. The
4664plan must:
4665     (a)1.  Identify all transportation facilities that have
4666been designated as deficient and require the expenditure of
4667moneys to upgrade, modify, or mitigate the deficiency.
4668     (b)2.  Include a priority listing of all transportation
4669facilities that have been designated as deficient and do not
4670satisfy concurrency requirements pursuant to s. 163.3180, and
4671the applicable local government comprehensive plan.
4672     (c)3.  Establish a schedule for financing and construction
4673of transportation concurrency backlog projects that will
4674eliminate transportation deficiencies concurrency backlogs
4675within the jurisdiction of the authority within 10 years after
4676the transportation sufficiency concurrency backlog plan
4677adoption. The schedule shall be adopted as part of the local
4678government comprehensive plan.
4679     (b)  The adoption of the transportation concurrency backlog
4680plan shall be exempt from the provisions of s. 163.3187(1).
4681
4682Notwithstanding such schedule requirements, as long as the
4683schedule provides for the elimination of all transportation
4684deficiencies concurrency backlogs within 10 years after the
4685adoption of the transportation sufficiency concurrency backlog
4686plan, the final maturity date of any debt incurred to finance or
4687refinance the related projects may be no later than 40 years
4688after the date the debt is incurred and the authority may
4689continue operations and administer the trust fund established as
4690provided in subsection (5) for as long as the debt remains
4691outstanding.
4692     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4693development concurrency backlog authority shall establish a
4694local transportation concurrency backlog trust fund upon
4695creation of the authority. Each local trust fund shall be
4696administered by the transportation development concurrency
4697backlog authority within which a transportation deficiencies
4698have concurrency backlog has been identified. Each local trust
4699fund must continue to be funded under this section for as long
4700as the projects set forth in the related transportation
4701sufficiency concurrency backlog plan remain to be completed or
4702until any debt incurred to finance or refinance the related
4703projects is no longer outstanding, whichever occurs later.
4704Beginning in the first fiscal year after the creation of the
4705authority, each local trust fund shall be funded by the proceeds
4706of an ad valorem tax increment collected within each
4707transportation deficiency concurrency backlog area to be
4708determined annually and shall be a minimum of 25 percent of the
4709difference between the amounts set forth in paragraphs (a) and
4710(b), except that if all of the affected taxing authorities agree
4711under an interlocal agreement, a particular local trust fund may
4712be funded by the proceeds of an ad valorem tax increment greater
4713than 25 percent of the difference between the amounts set forth
4714in paragraphs (a) and (b):
4715     (a)  The amount of ad valorem tax levied each year by each
4716taxing authority, exclusive of any amount from any debt service
4717millage, on taxable real property contained within the
4718jurisdiction of the transportation development concurrency
4719backlog authority and within the transportation deficiency
4720backlog area; and
4721     (b)  The amount of ad valorem taxes which would have been
4722produced by the rate upon which the tax is levied each year by
4723or for each taxing authority, exclusive of any debt service
4724millage, upon the total of the assessed value of the taxable
4725real property within the transportation deficiency concurrency
4726backlog area as shown on the most recent assessment roll used in
4727connection with the taxation of such property of each taxing
4728authority prior to the effective date of the ordinance funding
4729the trust fund.
4730     (6)  EXEMPTIONS.-
4731     (a)  The following public bodies or taxing authorities are
4732exempt from the provisions of this section:
4733     1.  A special district that levies ad valorem taxes on
4734taxable real property in more than one county.
4735     2.  A special district for which the sole available source
4736of revenue is the authority to levy ad valorem taxes at the time
4737an ordinance is adopted under this section. However, revenues or
4738aid that may be dispensed or appropriated to a district as
4739defined in s. 388.011 at the discretion of an entity other than
4740such district are shall not be deemed available.
4741     3.  A library district.
4742     4.  A neighborhood improvement district created under the
4743Safe Neighborhoods Act.
4744     5.  A metropolitan transportation authority.
4745     6.  A water management district created under s. 373.069.
4746     7.  A community redevelopment agency.
4747     (b)  A transportation development concurrency exemption
4748authority may also exempt from this section a special district
4749that levies ad valorem taxes within the transportation
4750deficiency concurrency backlog area pursuant to s.
4751163.387(2)(d).
4752     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4753of a transportation sufficiency concurrency backlog plan as a
4754part of the local government comprehensive plan, and the plan
4755going into effect, the area subject to the plan shall be deemed
4756to have achieved and maintained transportation level-of-service
4757standards, and to have met requirements for financial
4758feasibility for transportation facilities, and for the purpose
4759of proposed development transportation concurrency has been
4760satisfied. Proportionate fair-share mitigation shall be limited
4761to ensure that a development inside a transportation deficiency
4762concurrency backlog area is not responsible for the additional
4763costs of eliminating deficiencies backlogs.
4764     (8)  DISSOLUTION.-Upon completion of all transportation
4765concurrency backlog projects identified in the transportation
4766sufficiency plan and repayment or defeasance of all debt issued
4767to finance or refinance such projects, a transportation
4768development concurrency backlog authority shall be dissolved,
4769and its assets and liabilities transferred to the county or
4770municipality within which the authority is located. All
4771remaining assets of the authority must be used for
4772implementation of transportation projects within the
4773jurisdiction of the authority. The local government
4774comprehensive plan shall be amended to remove the transportation
4775concurrency backlog plan.
4776     Section 17.  Section 163.3184, Florida Statutes, is amended
4777to read:
4778     163.3184  Process for adoption of comprehensive plan or
4779plan amendment.-
4780     (1)  DEFINITIONS.-As used in this section, the term:
4781     (a)  "Affected person" includes the affected local
4782government; persons owning property, residing, or owning or
4783operating a business within the boundaries of the local
4784government whose plan is the subject of the review; owners of
4785real property abutting real property that is the subject of a
4786proposed change to a future land use map; and adjoining local
4787governments that can demonstrate that the plan or plan amendment
4788will produce substantial impacts on the increased need for
4789publicly funded infrastructure or substantial impacts on areas
4790designated for protection or special treatment within their
4791jurisdiction. Each person, other than an adjoining local
4792government, in order to qualify under this definition, shall
4793also have submitted oral or written comments, recommendations,
4794or objections to the local government during the period of time
4795beginning with the transmittal hearing for the plan or plan
4796amendment and ending with the adoption of the plan or plan
4797amendment.
4798     (b)  "In compliance" means consistent with the requirements
4799of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4800163.3248 with the state comprehensive plan, with the appropriate
4801strategic regional policy plan, and with chapter 9J-5, Florida
4802Administrative Code, where such rule is not inconsistent with
4803this part and with the principles for guiding development in
4804designated areas of critical state concern and with part III of
4805chapter 369, where applicable.
4806     (c)  "Reviewing agencies" means:
4807     1.  The state land planning agency;
4808     2.  The appropriate regional planning council;
4809     3.  The appropriate water management district;
4810     4.  The Department of Environmental Protection;
4811     5.  The Department of State;
4812     6.  The Department of Transportation;
4813     7.  In the case of plan amendments relating to public
4814schools, the Department of Education;
4815     8.  In the case of plans or plan amendments that affect a
4816military installation listed in s. 163.3175, the commanding
4817officer of the affected military installation;  
4818     9.  In the case of county plans and plan amendments, the
4819Fish and Wildlife Conservation Commission and the Department of
4820Agriculture and Consumer Services; and
4821     10.  In the case of municipal plans and plan amendments,
4822the county in which the municipality is located.
4823     (2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4824     (a)  Plan amendments adopted by local governments shall
4825follow the expedited state review process in subsection (3),
4826except as set forth in paragraphs (b) and (c).
4827     (b)  Plan amendments that qualify as small-scale
4828development amendments may follow the small-scale review process
4829in s. 163.3187.
4830     (c)  Plan amendments that are in an area of critical state
4831concern designated pursuant to s. 380.05; propose a rural land
4832stewardship area pursuant to s. 163.3248; propose a sector plan
4833pursuant to s. 163.3245; update a comprehensive plan based on an
4834evaluation and appraisal pursuant to s. 163.3191; or are new
4835plans for newly incorporated municipalities adopted pursuant to
4836s. 163.3167 shall follow the state coordinated review process in
4837subsection (4).
4838     (3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4839COMPREHENSIVE PLAN AMENDMENTS.-
4840     (a)  The process for amending a comprehensive plan
4841described in this subsection shall apply to all amendments
4842except as provided in paragraphs (2)(b) and (c) and shall be
4843applicable statewide.
4844     (b)1.  The local government, after the initial public
4845hearing held pursuant to subsection (11), shall transmit within
484610 days the amendment or amendments and appropriate supporting
4847data and analyses to the reviewing agencies. The local governing
4848body shall also transmit a copy of the amendments and supporting
4849data and analyses to any other local government or governmental
4850agency that has filed a written request with the governing body.
4851     2.  The reviewing agencies and any other local government
4852or governmental agency specified in subparagraph 1. may provide
4853comments regarding the amendment or amendments to the local
4854government. State agencies shall only comment on important state
4855resources and facilities that will be adversely impacted by the
4856amendment if adopted. Comments provided by state agencies shall
4857state with specificity how the plan amendment will adversely
4858impact an important state resource or facility and shall
4859identify measures the local government may take to eliminate,
4860reduce, or mitigate the adverse impacts. Such comments, if not
4861resolved, may result in a challenge by the state land planning
4862agency to the plan amendment. Agencies and local governments
4863must transmit their comments to the affected local government
4864such that they are received by the local government not later
4865than 30 days from the date on which the agency or government
4866received the amendment or amendments. Reviewing agencies shall
4867also send a copy of their comments to the state land planning
4868agency.
4869     3.  Comments to the local government from a regional
4870planning council, county, or municipality shall be limited as
4871follows:
4872     a.  The regional planning council review and comments shall
4873be limited to adverse effects on regional resources or
4874facilities identified in the strategic regional policy plan and
4875extrajurisdictional impacts that would be inconsistent with the
4876comprehensive plan of any affected local government within the
4877region. A regional planning council may not review and comment
4878on a proposed comprehensive plan amendment prepared by such
4879council unless the plan amendment has been changed by the local
4880government subsequent to the preparation of the plan amendment
4881by the regional planning council.
4882     b.  County comments shall be in the context of the
4883relationship and effect of the proposed plan amendments on the
4884county plan.
4885     c.  Municipal comments shall be in the context of the
4886relationship and effect of the proposed plan amendments on the
4887municipal plan.
4888     d. Military installation comments shall be provided in
4889accordance with s. 163.3175.
4890     4.  Comments to the local government from state agencies
4891shall be limited to the following subjects as they relate to
4892important state resources and facilities that will be adversely
4893impacted by the amendment if adopted:
4894     a.  The Department of Environmental Protection shall limit
4895its comments to the subjects of air and water pollution;
4896wetlands and other surface waters of the state; federal and
4897state-owned lands and interest in lands, including state parks,
4898greenways and trails, and conservation easements; solid waste;
4899water and wastewater treatment; and the Everglades ecosystem
4900restoration.
4901     b.  The Department of State shall limit its comments to the
4902subjects of historic and archeological resources.
4903     c.  The Department of Transportation shall limit its
4904comments to issues within the agency's jurisdiction as it
4905relates to transportation resources and facilities of state
4906importance.
4907     d.  The Fish and Wildlife Conservation Commission shall
4908limit its comments to subjects relating to fish and wildlife
4909habitat and listed species and their habitat.
4910     e.  The Department of Agriculture and Consumer Services
4911shall limit its comments to the subjects of agriculture,
4912forestry, and aquaculture issues.
4913     f.  The Department of Education shall limit its comments to
4914the subject of public school facilities.
4915     g.  The appropriate water management district shall limit
4916its comments to flood protection and floodplain management,
4917wetlands and other surface waters, and regional water supply.
4918     h.  The state land planning agency shall limit its comments
4919to important state resources and facilities outside the
4920jurisdiction of other commenting state agencies and may include
4921comments on countervailing planning policies and objectives
4922served by the plan amendment that should be balanced against
4923potential adverse impacts to important state resources and
4924facilities.
4925     (c)1.  The local government shall hold its second public
4926hearing, which shall be a hearing on whether to adopt one or
4927more comprehensive plan amendments pursuant to subsection (11).
4928If the local government fails, within 180 days after receipt of
4929agency comments, to hold the second public hearing, the
4930amendments shall be deemed withdrawn unless extended by
4931agreement with notice to the state land planning agency and any
4932affected person that provided comments on the amendment. The
4933180-day limitation does not apply to amendments processed
4934pursuant to s. 380.06.
4935     2.  All comprehensive plan amendments adopted by the
4936governing body, along with the supporting data and analysis,
4937shall be transmitted within 10 days after the second public
4938hearing to the state land planning agency and any other agency
4939or local government that provided timely comments under
4940subparagraph (b)2.
4941     3.  The state land planning agency shall notify the local
4942government of any deficiencies within 5 working days after
4943receipt of an amendment package. For purposes of completeness,
4944an amendment shall be deemed complete if it contains a full,
4945executed copy of the adoption ordinance or ordinances; in the
4946case of a text amendment, a full copy of the amended language in
4947legislative format with new words inserted in the text
4948underlined, and words deleted stricken with hyphens; in the case
4949of a future land use map amendment, a copy of the future land
4950use map clearly depicting the parcel, its existing future land
4951use designation, and its adopted designation; and a copy of any
4952data and analyses the local government deems appropriate.
4953     4.  An amendment adopted under this paragraph does not
4954become effective until 31 days after the state land planning
4955agency notifies the local government that the plan amendment
4956package is complete. If timely challenged, an amendment does not
4957become effective until the state land planning agency or the
4958Administration Commission enters a final order determining the
4959adopted amendment to be in compliance.
4960     (4)  STATE COORDINATED REVIEW PROCESS.-
4961     (a)(2)  Coordination.-The state land planning agency shall
4962only use the state coordinated review process described in this
4963subsection for review of comprehensive plans and plan amendments
4964described in paragraph (2)(c). Each comprehensive plan or plan
4965amendment proposed to be adopted pursuant to this subsection
4966part shall be transmitted, adopted, and reviewed in the manner
4967prescribed in this subsection section. The state land planning
4968agency shall have responsibility for plan review, coordination,
4969and the preparation and transmission of comments, pursuant to
4970this subsection section, to the local governing body responsible
4971for the comprehensive plan or plan amendment. The state land
4972planning agency shall maintain a single file concerning any
4973proposed or adopted plan amendment submitted by a local
4974government for any review under this section. Copies of all
4975correspondence, papers, notes, memoranda, and other documents
4976received or generated by the state land planning agency must be
4977placed in the appropriate file. Paper copies of all electronic
4978mail correspondence must be placed in the file. The file and its
4979contents must be available for public inspection and copying as
4980provided in chapter 119.
4981     (b)(3)  Local government transmittal of proposed plan or
4982amendment.-
4983     (a)  Each local governing body proposing a plan or plan
4984amendment specified in paragraph (2)(c) shall transmit the
4985complete proposed comprehensive plan or plan amendment to the
4986reviewing agencies state land planning agency, the appropriate
4987regional planning council and water management district, the
4988Department of Environmental Protection, the Department of State,
4989and the Department of Transportation, and, in the case of
4990municipal plans, to the appropriate county, and, in the case of
4991county plans, to the Fish and Wildlife Conservation Commission
4992and the Department of Agriculture and Consumer Services,
4993immediately following the first a public hearing pursuant to
4994subsection (11). The transmitted document shall clearly indicate
4995on the cover sheet that this plan amendment is subject to the
4996state coordinated review process of s. 163.3184(4)(15) as
4997specified in the state land planning agency's procedural rules.
4998The local governing body shall also transmit a copy of the
4999complete proposed comprehensive plan or plan amendment to any
5000other unit of local government or government agency in the state
5001that has filed a written request with the governing body for the
5002plan or plan amendment. The local government may request a
5003review by the state land planning agency pursuant to subsection
5004(6) at the time of the transmittal of an amendment.
5005     (b)  A local governing body shall not transmit portions of
5006a plan or plan amendment unless it has previously provided to
5007all state agencies designated by the state land planning agency
5008a complete copy of its adopted comprehensive plan pursuant to
5009subsection (7) and as specified in the agency's procedural
5010rules. In the case of comprehensive plan amendments, the local
5011governing body shall transmit to the state land planning agency,
5012the appropriate regional planning council and water management
5013district, the Department of Environmental Protection, the
5014Department of State, and the Department of Transportation, and,
5015in the case of municipal plans, to the appropriate county and,
5016in the case of county plans, to the Fish and Wildlife
5017Conservation Commission and the Department of Agriculture and
5018Consumer Services the materials specified in the state land
5019planning agency's procedural rules and, in cases in which the
5020plan amendment is a result of an evaluation and appraisal report
5021adopted pursuant to s. 163.3191, a copy of the evaluation and
5022appraisal report. Local governing bodies shall consolidate all
5023proposed plan amendments into a single submission for each of
5024the two plan amendment adoption dates during the calendar year
5025pursuant to s. 163.3187.
5026     (c)  A local government may adopt a proposed plan amendment
5027previously transmitted pursuant to this subsection, unless
5028review is requested or otherwise initiated pursuant to
5029subsection (6).
5030     (d)  In cases in which a local government transmits
5031multiple individual amendments that can be clearly and legally
5032separated and distinguished for the purpose of determining
5033whether to review the proposed amendment, and the state land
5034planning agency elects to review several or a portion of the
5035amendments and the local government chooses to immediately adopt
5036the remaining amendments not reviewed, the amendments
5037immediately adopted and any reviewed amendments that the local
5038government subsequently adopts together constitute one amendment
5039cycle in accordance with s. 163.3187(1).
5040     (e)  At the request of an applicant, a local government
5041shall consider an application for zoning changes that would be
5042required to properly enact the provisions of any proposed plan
5043amendment transmitted pursuant to this subsection. Zoning
5044changes approved by the local government are contingent upon the
5045comprehensive plan or plan amendment transmitted becoming
5046effective.
5047     (c)(4)  Reviewing agency comments INTERGOVERNMENTAL
5048REVIEW.-The governmental agencies specified in paragraph (b) may
5049paragraph (3)(a) shall provide comments regarding the plan or
5050plan amendments in accordance with subparagraphs (3)(b)2.-4.
5051However, comments on plans or plan amendments required to be
5052reviewed under the state coordinated review process shall be
5053sent to the state land planning agency within 30 days after
5054receipt by the state land planning agency of the complete
5055proposed plan or plan amendment from the local government. If
5056the state land planning agency comments on a plan or plan
5057amendment adopted under the state coordinated review process, it
5058shall provide comments according to paragraph (d). Any other
5059unit of local government or government agency specified in
5060paragraph (b) may provide comments to the state land planning
5061agency in accordance with subparagraphs (3)(b)2.-4. within 30
5062days after receipt by the state land planning agency of the
5063complete proposed plan or plan amendment. If the plan or plan
5064amendment includes or relates to the public school facilities
5065element pursuant to s. 163.3177(12), the state land planning
5066agency shall submit a copy to the Office of Educational
5067Facilities of the Commissioner of Education for review and
5068comment. The appropriate regional planning council shall also
5069provide its written comments to the state land planning agency
5070within 30 days after receipt by the state land planning agency
5071of the complete proposed plan amendment and shall specify any
5072objections, recommendations for modifications, and comments of
5073any other regional agencies to which the regional planning
5074council may have referred the proposed plan amendment. Written
5075comments submitted by the public shall be sent directly to the
5076local government within 30 days after notice of transmittal by
5077the local government of the proposed plan amendment will be
5078considered as if submitted by governmental agencies. All written
5079agency and public comments must be made part of the file
5080maintained under subsection (2).
5081     (5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
5082the regional planning council pursuant to subsection (4) shall
5083be limited to effects on regional resources or facilities
5084identified in the strategic regional policy plan and
5085extrajurisdictional impacts which would be inconsistent with the
5086comprehensive plan of the affected local government. However,
5087any inconsistency between a local plan or plan amendment and a
5088strategic regional policy plan must not be the sole basis for a
5089notice of intent to find a local plan or plan amendment not in
5090compliance with this act. A regional planning council shall not
5091review and comment on a proposed comprehensive plan it prepared
5092itself unless the plan has been changed by the local government
5093subsequent to the preparation of the plan by the regional
5094planning agency. The review of the county land planning agency
5095pursuant to subsection (4) shall be primarily in the context of
5096the relationship and effect of the proposed plan amendment on
5097any county comprehensive plan element. Any review by
5098municipalities will be primarily in the context of the
5099relationship and effect on the municipal plan.
5100     (d)(6)  State land planning agency review.-
5101     (a)  The state land planning agency shall review a proposed
5102plan amendment upon request of a regional planning council,
5103affected person, or local government transmitting the plan
5104amendment. The request from the regional planning council or
5105affected person must be received within 30 days after
5106transmittal of the proposed plan amendment pursuant to
5107subsection (3). A regional planning council or affected person
5108requesting a review shall do so by submitting a written request
5109to the agency with a notice of the request to the local
5110government and any other person who has requested notice.
5111     (b)  The state land planning agency may review any proposed
5112plan amendment regardless of whether a request for review has
5113been made, if the agency gives notice to the local government,
5114and any other person who has requested notice, of its intention
5115to conduct such a review within 35 days after receipt of the
5116complete proposed plan amendment.
5117     1.(c)  The state land planning agency shall establish by
5118rule a schedule for receipt of comments from the various
5119government agencies, as well as written public comments,
5120pursuant to subsection (4). If the state land planning agency
5121elects to review a plan or plan the amendment or the agency is
5122required to review the amendment as specified in paragraph
5123(2)(c)(a), the agency shall issue a report giving its
5124objections, recommendations, and comments regarding the proposed
5125plan or plan amendment within 60 days after receipt of the
5126complete proposed plan or plan amendment by the state land
5127planning agency. Notwithstanding the limitation on comments in
5128sub-subparagraph (3)(b)4.g., the state land planning agency may
5129make objections, recommendations, and comments in its report
5130regarding whether the plan or plan amendment is in compliance
5131and whether the plan or plan amendment will adversely impact
5132important state resources and facilities. Any objection
5133regarding an important state resource or facility that will be
5134adversely impacted by the adopted plan or plan amendment shall
5135also state with specificity how the plan or plan amendment will
5136adversely impact the important state resource or facility and
5137shall identify measures the local government may take to
5138eliminate, reduce, or mitigate the adverse impacts. When a
5139federal, state, or regional agency has implemented a permitting
5140program, the state land planning agency shall not require a
5141local government is not required to duplicate or exceed that
5142permitting program in its comprehensive plan or to implement
5143such a permitting program in its land development regulations.
5144This subparagraph does not Nothing contained herein shall
5145prohibit the state land planning agency in conducting its review
5146of local plans or plan amendments from making objections,
5147recommendations, and comments or making compliance
5148determinations regarding densities and intensities consistent
5149with the provisions of this part. In preparing its comments, the
5150state land planning agency shall only base its considerations on
5151written, and not oral, comments, from any source.
5152     2.(d)  The state land planning agency review shall identify
5153all written communications with the agency regarding the
5154proposed plan amendment. If the state land planning agency does
5155not issue such a review, it shall identify in writing to the
5156local government all written communications received 30 days
5157after transmittal. The written identification must include a
5158list of all documents received or generated by the agency, which
5159list must be of sufficient specificity to enable the documents
5160to be identified and copies requested, if desired, and the name
5161of the person to be contacted to request copies of any
5162identified document. The list of documents must be made a part
5163of the public records of the state land planning agency.
5164     (e)(7)  Local government review of comments; adoption of
5165plan or amendments and transmittal.-
5166     1.(a)  The local government shall review the report written
5167comments submitted to it by the state land planning agency, if
5168any, and written comments submitted to it by any other person,
5169agency, or government. Any comments, recommendations, or
5170objections and any reply to them shall be public documents, a
5171part of the permanent record in the matter, and admissible in
5172any proceeding in which the comprehensive plan or plan amendment
5173may be at issue. The local government, upon receipt of the
5174report written comments from the state land planning agency,
5175shall hold its second public hearing, which shall be a hearing
5176to determine whether to adopt the comprehensive plan or one or
5177more comprehensive plan amendments pursuant to subsection (11).
5178If the local government fails to hold the second hearing within
5179180 days after receipt of the state land planning agency's
5180report, the amendments shall be deemed withdrawn unless extended
5181by agreement with notice to the state land planning agency and
5182any affected person that provided comments on the amendment. The
5183180-day limitation does not apply to amendments processed
5184pursuant to s. 380.06.
5185     2.  All comprehensive plan amendments adopted by the
5186governing body, along with the supporting data and analysis,
5187shall be transmitted within 10 days after the second public
5188hearing to the state land planning agency and any other agency
5189or local government that provided timely comments under
5190paragraph (c).
5191     3.  The state land planning agency shall notify the local
5192government of any deficiencies within 5 working days after
5193receipt of a plan or plan amendment package. For purposes of
5194completeness, a plan or plan amendment shall be deemed complete
5195if it contains a full, executed copy of the adoption ordinance
5196or ordinances; in the case of a text amendment, a full copy of
5197the amended language in legislative format with new words
5198inserted in the text underlined, and words deleted stricken with
5199hyphens; in the case of a future land use map amendment, a copy
5200of the future land use map clearly depicting the parcel, its
5201existing future land use designation, and its adopted
5202designation; and a copy of any data and analyses the local
5203government deems appropriate.
5204     4.  After the state land planning agency makes a
5205determination of completeness regarding the adopted plan or plan
5206amendment, the state land planning agency shall have 45 days to
5207determine if the plan or plan amendment is in compliance with
5208this act. Unless the plan or plan amendment is substantially
5209changed from the one commented on, the state land planning
5210agency's compliance determination shall be limited to objections
5211raised in the objections, recommendations, and comments report.
5212During the period provided for in this subparagraph, the state
5213land planning agency shall issue, through a senior administrator
5214or the secretary, a notice of intent to find that the plan or
5215plan amendment is in compliance or not in compliance. The state
5216land planning agency shall post a copy of the notice of intent
5217on the agency's Internet website. Publication by the state land
5218planning agency of the notice of intent on the state land
5219planning agency's Internet site shall be prima facie evidence of
5220compliance with the publication requirements of this
5221subparagraph.
5222     5.  A plan or plan amendment adopted under the state
5223coordinated review process shall go into effect pursuant to the
5224state land planning agency's notice of intent. If timely
5225challenged, an amendment does not become effective until the
5226state land planning agency or the Administration Commission
5227enters a final order determining the adopted amendment to be in
5228compliance.
5229     (5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5230AMENDMENTS.-
5231     (a)  Any affected person as defined in paragraph (1)(a) may
5232file a petition with the Division of Administrative Hearings
5233pursuant to ss. 120.569 and 120.57, with a copy served on the
5234affected local government, to request a formal hearing to
5235challenge whether the plan or plan amendments are in compliance
5236as defined in paragraph (1)(b). This petition must be filed with
5237the division within 30 days after the local government adopts
5238the amendment. The state land planning agency may not intervene
5239in a proceeding initiated by an affected person.
5240     (b)  The state land planning agency may file a petition
5241with the Division of Administrative Hearings pursuant to ss.
5242120.569 and 120.57, with a copy served on the affected local
5243government, to request a formal hearing to challenge whether the
5244plan or plan amendment is in compliance as defined in paragraph
5245(1)(b). The state land planning agency's petition must clearly
5246state the reasons for the challenge. Under the expedited state
5247review process, this petition must be filed with the division
5248within 30 days after the state land planning agency notifies the
5249local government that the plan amendment package is complete
5250according to subparagraph (3)(c)3. Under the state coordinated
5251review process, this petition must be filed with the division
5252within 45 days after the state land planning agency notifies the
5253local government that the plan amendment package is complete
5254according to subparagraph (3)(c)3.
5255     1.  The state land planning agency's challenge to plan
5256amendments adopted under the expedited state review process
5257shall be limited to the comments provided by the reviewing
5258agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5259determination by the state land planning agency that an
5260important state resource or facility will be adversely impacted
5261by the adopted plan amendment. The state land planning agency's
5262petition shall state with specificity how the plan amendment
5263will adversely impact the important state resource or facility.
5264The state land planning agency may challenge a plan amendment
5265that has substantially changed from the version on which the
5266agencies provided comments but only upon a determination by the
5267state land planning agency that an important state resource or
5268facility will be adversely impacted.
5269     2.  If the state land planning agency issues a notice of
5270intent to find the comprehensive plan or plan amendment not in
5271compliance with this act, the notice of intent shall be
5272forwarded to the Division of Administrative Hearings of the
5273Department of Management Services, which shall conduct a
5274proceeding under ss. 120.569 and 120.57 in the county of and
5275convenient to the affected local jurisdiction. The parties to
5276the proceeding shall be the state land planning agency, the
5277affected local government, and any affected person who
5278intervenes. No new issue may be alleged as a reason to find a
5279plan or plan amendment not in compliance in an administrative
5280pleading filed more than 21 days after publication of notice
5281unless the party seeking that issue establishes good cause for
5282not alleging the issue within that time period. Good cause does
5283not include excusable neglect.
5284     (c)  An administrative law judge shall hold a hearing in
5285the affected local jurisdiction on whether the plan or plan
5286amendment is in compliance.
5287     1.  In challenges filed by an affected person, the
5288comprehensive plan or plan amendment shall be determined to be
5289in compliance if the local government's determination of
5290compliance is fairly debatable.
5291     2.a.  In challenges filed by the state land planning
5292agency, the local government's determination that the
5293comprehensive plan or plan amendment is in compliance is
5294presumed to be correct, and the local government's determination
5295shall be sustained unless it is shown by a preponderance of the
5296evidence that the comprehensive plan or plan amendment is not in
5297compliance.
5298     b.  In challenges filed by the state land planning agency,
5299the local government's determination that elements of its plan
5300are related to and consistent with each other shall be sustained
5301if the determination is fairly debatable.
5302     3.  In challenges filed by the state land planning agency
5303that require a determination by the agency that an important
5304state resource or facility will be adversely impacted by the
5305adopted plan or plan amendment, the local government may contest
5306the agency's determination of an important state resource or
5307facility. The state land planning agency shall prove its
5308determination by clear and convincing evidence.
5309     (d)  If the administrative law judge recommends that the
5310amendment be found not in compliance, the judge shall submit the
5311recommended order to the Administration Commission for final
5312agency action. The Administration Commission shall enter a final
5313order within 45 days after its receipt of the recommended order.
5314     (e)  If the administrative law judge recommends that the
5315amendment be found in compliance, the judge shall submit the
5316recommended order to the state land planning agency.
5317     1.  If the state land planning agency determines that the
5318plan amendment should be found not in compliance, the agency
5319shall refer, within 30 days after receipt of the recommended
5320order, the recommended order and its determination to the
5321Administration Commission for final agency action.
5322     2.  If the state land planning agency determines that the
5323plan amendment should be found in compliance, the agency shall
5324enter its final order not later than 30 days after receipt of
5325the recommended order.
5326     (f)  Parties to a proceeding under this subsection may
5327enter into compliance agreements using the process in subsection
5328(6).
5329     (6)  COMPLIANCE AGREEMENT.-
5330     (a)  At any time after the filing of a challenge, the state
5331land planning agency and the local government may voluntarily
5332enter into a compliance agreement to resolve one or more of the
5333issues raised in the proceedings. Affected persons who have
5334initiated a formal proceeding or have intervened in a formal
5335proceeding may also enter into a compliance agreement with the
5336local government. All parties granted intervenor status shall be
5337provided reasonable notice of the commencement of a compliance
5338agreement negotiation process and a reasonable opportunity to
5339participate in such negotiation process. Negotiation meetings
5340with local governments or intervenors shall be open to the
5341public. The state land planning agency shall provide each party
5342granted intervenor status with a copy of the compliance
5343agreement within 10 days after the agreement is executed. The
5344compliance agreement shall list each portion of the plan or plan
5345amendment that has been challenged, and shall specify remedial
5346actions that the local government has agreed to complete within
5347a specified time in order to resolve the challenge, including
5348adoption of all necessary plan amendments. The compliance
5349agreement may also establish monitoring requirements and
5350incentives to ensure that the conditions of the compliance
5351agreement are met.
5352     (b)  Upon the filing of a compliance agreement executed by
5353the parties to a challenge and the local government with the
5354Division of Administrative Hearings, any administrative
5355proceeding under ss. 120.569 and 120.57 regarding the plan or
5356plan amendment covered by the compliance agreement shall be
5357stayed.
5358     (c)  Before its execution of a compliance agreement, the
5359local government must approve the compliance agreement at a
5360public hearing advertised at least 10 days before the public
5361hearing in a newspaper of general circulation in the area in
5362accordance with the advertisement requirements of chapter 125 or
5363chapter 166, as applicable.
5364     (d)  The local government shall hold a single public
5365hearing for adopting remedial amendments.
5366     (e)  For challenges to amendments adopted under the
5367expedited review process, if the local government adopts a
5368comprehensive plan amendment pursuant to a compliance agreement,
5369an affected person or the state land planning agency may file a
5370revised challenge with the Division of Administrative Hearings
5371within 15 days after the adoption of the remedial amendment.
5372     (f)  For challenges to amendments adopted under the state
5373coordinated process, the state land planning agency, upon
5374receipt of a plan or plan amendment adopted pursuant to a
5375compliance agreement, shall issue a cumulative notice of intent
5376addressing both the remedial amendment and the plan or plan
5377amendment that was the subject of the agreement.
5378     1.  If the local government adopts a comprehensive plan or
5379plan amendment pursuant to a compliance agreement and a notice
5380of intent to find the plan amendment in compliance is issued,
5381the state land planning agency shall forward the notice of
5382intent to the Division of Administrative Hearings and the
5383administrative law judge shall realign the parties in the
5384pending proceeding under ss. 120.569 and 120.57, which shall
5385thereafter be governed by the process contained in paragraph
5386(5)(a) and subparagraph (5)(c)1., including provisions relating
5387to challenges by an affected person, burden of proof, and issues
5388of a recommended order and a final order. Parties to the
5389original proceeding at the time of realignment may continue as
5390parties without being required to file additional pleadings to
5391initiate a proceeding, but may timely amend their pleadings to
5392raise any challenge to the amendment that is the subject of the
5393cumulative notice of intent, and must otherwise conform to the
5394rules of procedure of the Division of Administrative Hearings.
5395Any affected person not a party to the realigned proceeding may
5396challenge the plan amendment that is the subject of the
5397cumulative notice of intent by filing a petition with the agency
5398as provided in subsection (5). The agency shall forward the
5399petition filed by the affected person not a party to the
5400realigned proceeding to the Division of Administrative Hearings
5401for consolidation with the realigned proceeding. If the
5402cumulative notice of intent is not challenged, the state land
5403planning agency shall request that the Division of
5404Administrative Hearings relinquish jurisdiction to the state
5405land planning agency for issuance of a final order.
5406     2.  If the local government adopts a comprehensive plan
5407amendment pursuant to a compliance agreement and a notice of
5408intent is issued that finds the plan amendment not in
5409compliance, the state land planning agency shall forward the
5410notice of intent to the Division of Administrative Hearings,
5411which shall consolidate the proceeding with the pending
5412proceeding and immediately set a date for a hearing in the
5413pending proceeding under ss. 120.569 and 120.57. Affected
5414persons who are not a party to the underlying proceeding under
5415ss. 120.569 and 120.57 may challenge the plan amendment adopted
5416pursuant to the compliance agreement by filing a petition
5417pursuant to paragraph (5)(a).
5418     (g)  This subsection does not prohibit a local government
5419from amending portions of its comprehensive plan other than
5420those that are the subject of a challenge. However, such
5421amendments to the plan may not be inconsistent with the
5422compliance agreement.
5423     (h)  This subsection does not require settlement by any
5424party against its will or preclude the use of other informal
5425dispute resolution methods in the course of or in addition to
5426the method described in this subsection.
5427     (7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5428     (a)  At any time after the matter has been forwarded to the
5429Division of Administrative Hearings, the local government
5430proposing the amendment may demand formal mediation or the local
5431government proposing the amendment or an affected person who is
5432a party to the proceeding may demand informal mediation or
5433expeditious resolution of the amendment proceedings by serving
5434written notice on the state land planning agency if a party to
5435the proceeding, all other parties to the proceeding, and the
5436administrative law judge.
5437     (b)  Upon receipt of a notice pursuant to paragraph (a),
5438the administrative law judge shall set the matter for final
5439hearing no more than 30 days after receipt of the notice. Once a
5440final hearing has been set, no continuance in the hearing, and
5441no additional time for post-hearing submittals, may be granted
5442without the written agreement of the parties absent a finding by
5443the administrative law judge of extraordinary circumstances.
5444Extraordinary circumstances do not include matters relating to
5445workload or need for additional time for preparation,
5446negotiation, or mediation.
5447     (c)  Absent a showing of extraordinary circumstances, the
5448administrative law judge shall issue a recommended order, in a
5449case proceeding under subsection (5), within 30 days after
5450filing of the transcript, unless the parties agree in writing to
5451a longer time.
5452     (d)  Absent a showing of extraordinary circumstances, the
5453Administration Commission shall issue a final order, in a case
5454proceeding under subsection (5), within 45 days after the
5455issuance of the recommended order, unless the parties agree in
5456writing to a longer time. have 120 days to adopt or adopt with
5457changes the proposed comprehensive plan or s. 163.3191 plan
5458amendments. In the case of comprehensive plan amendments other
5459than those proposed pursuant to s. 163.3191, the local
5460government shall have 60 days to adopt the amendment, adopt the
5461amendment with changes, or determine that it will not adopt the
5462amendment. The adoption of the proposed plan or plan amendment
5463or the determination not to adopt a plan amendment, other than a
5464plan amendment proposed pursuant to s. 163.3191, shall be made
5465in the course of a public hearing pursuant to subsection (15).
5466The local government shall transmit the complete adopted
5467comprehensive plan or plan amendment, including the names and
5468addresses of persons compiled pursuant to paragraph (15)(c), to
5469the state land planning agency as specified in the agency's
5470procedural rules within 10 working days after adoption. The
5471local governing body shall also transmit a copy of the adopted
5472comprehensive plan or plan amendment to the regional planning
5473agency and to any other unit of local government or governmental
5474agency in the state that has filed a written request with the
5475governing body for a copy of the plan or plan amendment.
5476     (b)  If the adopted plan amendment is unchanged from the
5477proposed plan amendment transmitted pursuant to subsection (3)
5478and an affected person as defined in paragraph (1)(a) did not
5479raise any objection, the state land planning agency did not
5480review the proposed plan amendment, and the state land planning
5481agency did not raise any objections during its review pursuant
5482to subsection (6), the local government may state in the
5483transmittal letter that the plan amendment is unchanged and was
5484not the subject of objections.
5485     (8)  NOTICE OF INTENT.-
5486     (a)  If the transmittal letter correctly states that the
5487plan amendment is unchanged and was not the subject of review or
5488objections pursuant to paragraph (7)(b), the state land planning
5489agency has 20 days after receipt of the transmittal letter
5490within which to issue a notice of intent that the plan amendment
5491is in compliance.
5492     (b)  Except as provided in paragraph (a) or in s.
5493163.3187(3), the state land planning agency, upon receipt of a
5494local government's complete adopted comprehensive plan or plan
5495amendment, shall have 45 days for review and to determine if the
5496plan or plan amendment is in compliance with this act, unless
5497the amendment is the result of a compliance agreement entered
5498into under subsection (16), in which case the time period for
5499review and determination shall be 30 days. If review was not
5500conducted under subsection (6), the agency's determination must
5501be based upon the plan amendment as adopted. If review was
5502conducted under subsection (6), the agency's determination of
5503compliance must be based only upon one or both of the following:
5504     1.  The state land planning agency's written comments to
5505the local government pursuant to subsection (6); or
5506     2.  Any changes made by the local government to the
5507comprehensive plan or plan amendment as adopted.
5508     (c)1.  During the time period provided for in this
5509subsection, the state land planning agency shall issue, through
5510a senior administrator or the secretary, as specified in the
5511agency's procedural rules, a notice of intent to find that the
5512plan or plan amendment is in compliance or not in compliance. A
5513notice of intent shall be issued by publication in the manner
5514provided by this paragraph and by mailing a copy to the local
5515government. The advertisement shall be placed in that portion of
5516the newspaper where legal notices appear. The advertisement
5517shall be published in a newspaper that meets the size and
5518circulation requirements set forth in paragraph (15)(e) and that
5519has been designated in writing by the affected local government
5520at the time of transmittal of the amendment. Publication by the
5521state land planning agency of a notice of intent in the
5522newspaper designated by the local government shall be prima
5523facie evidence of compliance with the publication requirements
5524of this section. The state land planning agency shall post a
5525copy of the notice of intent on the agency's Internet site. The
5526agency shall, no later than the date the notice of intent is
5527transmitted to the newspaper, send by regular mail a courtesy
5528informational statement to persons who provide their names and
5529addresses to the local government at the transmittal hearing or
5530at the adoption hearing where the local government has provided
5531the names and addresses of such persons to the department at the
5532time of transmittal of the adopted amendment. The informational
5533statements shall include the name of the newspaper in which the
5534notice of intent will appear, the approximate date of
5535publication, the ordinance number of the plan or plan amendment,
5536and a statement that affected persons have 21 days after the
5537actual date of publication of the notice to file a petition.
5538     2.  A local government that has an Internet site shall post
5539a copy of the state land planning agency's notice of intent on
5540the site within 5 days after receipt of the mailed copy of the
5541agency's notice of intent.
5542     (9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5543     (a)  If the state land planning agency issues a notice of
5544intent to find that the comprehensive plan or plan amendment
5545transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5546or s. 163.3191 is in compliance with this act, any affected
5547person may file a petition with the agency pursuant to ss.
5548120.569 and 120.57 within 21 days after the publication of
5549notice. In this proceeding, the local plan or plan amendment
5550shall be determined to be in compliance if the local
5551government's determination of compliance is fairly debatable.
5552     (b)  The hearing shall be conducted by an administrative
5553law judge of the Division of Administrative Hearings of the
5554Department of Management Services, who shall hold the hearing in
5555the county of and convenient to the affected local jurisdiction
5556and submit a recommended order to the state land planning
5557agency. The state land planning agency shall allow for the
5558filing of exceptions to the recommended order and shall issue a
5559final order after receipt of the recommended order if the state
5560land planning agency determines that the plan or plan amendment
5561is in compliance. If the state land planning agency determines
5562that the plan or plan amendment is not in compliance, the agency
5563shall submit the recommended order to the Administration
5564Commission for final agency action.
5565     (10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5566COMPLIANCE.-
5567     (a)  If the state land planning agency issues a notice of
5568intent to find the comprehensive plan or plan amendment not in
5569compliance with this act, the notice of intent shall be
5570forwarded to the Division of Administrative Hearings of the
5571Department of Management Services, which shall conduct a
5572proceeding under ss. 120.569 and 120.57 in the county of and
5573convenient to the affected local jurisdiction. The parties to
5574the proceeding shall be the state land planning agency, the
5575affected local government, and any affected person who
5576intervenes. No new issue may be alleged as a reason to find a
5577plan or plan amendment not in compliance in an administrative
5578pleading filed more than 21 days after publication of notice
5579unless the party seeking that issue establishes good cause for
5580not alleging the issue within that time period. Good cause shall
5581not include excusable neglect. In the proceeding, the local
5582government's determination that the comprehensive plan or plan
5583amendment is in compliance is presumed to be correct. The local
5584government's determination shall be sustained unless it is shown
5585by a preponderance of the evidence that the comprehensive plan
5586or plan amendment is not in compliance. The local government's
5587determination that elements of its plans are related to and
5588consistent with each other shall be sustained if the
5589determination is fairly debatable.
5590     (b)  The administrative law judge assigned by the division
5591shall submit a recommended order to the Administration
5592Commission for final agency action.
5593     (c)  Prior to the hearing, the state land planning agency
5594shall afford an opportunity to mediate or otherwise resolve the
5595dispute. If a party to the proceeding requests mediation or
5596other alternative dispute resolution, the hearing may not be
5597held until the state land planning agency advises the
5598administrative law judge in writing of the results of the
5599mediation or other alternative dispute resolution. However, the
5600hearing may not be delayed for longer than 90 days for mediation
5601or other alternative dispute resolution unless a longer delay is
5602agreed to by the parties to the proceeding. The costs of the
5603mediation or other alternative dispute resolution shall be borne
5604equally by all of the parties to the proceeding.
5605     (8)(11)  ADMINISTRATION COMMISSION.-
5606     (a)  If the Administration Commission, upon a hearing
5607pursuant to subsection (5)(9) or subsection (10), finds that the
5608comprehensive plan or plan amendment is not in compliance with
5609this act, the commission shall specify remedial actions that
5610which would bring the comprehensive plan or plan amendment into
5611compliance.
5612     (b)  The commission may specify the sanctions provided in
5613subparagraphs 1. and 2. to which the local government will be
5614subject if it elects to make the amendment effective
5615notwithstanding the determination of noncompliance.
5616     1.  The commission may direct state agencies not to provide
5617funds to increase the capacity of roads, bridges, or water and
5618sewer systems within the boundaries of those local governmental
5619entities which have comprehensive plans or plan elements that
5620are determined not to be in compliance. The commission order may
5621also specify that the local government is shall not be eligible
5622for grants administered under the following programs:
5623     a.1.  The Florida Small Cities Community Development Block
5624Grant Program, as authorized by ss. 290.0401-290.049.
5625     b.2.  The Florida Recreation Development Assistance
5626Program, as authorized by chapter 375.
5627     c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5628218.61 and chapter 212, to the extent not pledged to pay back
5629bonds.
5630     2.(b)  If the local government is one which is required to
5631include a coastal management element in its comprehensive plan
5632pursuant to s. 163.3177(6)(g), the commission order may also
5633specify that the local government is not eligible for funding
5634pursuant to s. 161.091. The commission order may also specify
5635that the fact that the coastal management element has been
5636determined to be not in compliance shall be a consideration when
5637the department considers permits under s. 161.053 and when the
5638Board of Trustees of the Internal Improvement Trust Fund
5639considers whether to sell, convey any interest in, or lease any
5640sovereignty lands or submerged lands until the element is
5641brought into compliance.
5642     3.(c)  The sanctions provided by subparagraphs 1. and 2. do
5643paragraphs (a) and (b) shall not apply to a local government
5644regarding any plan amendment, except for plan amendments that
5645amend plans that have not been finally determined to be in
5646compliance with this part, and except as provided in paragraph
5647(b) s. 163.3189(2) or s. 163.3191(11).
5648     (9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5649party constitutes a certificate that he or she has read the
5650pleading, motion, or other paper and that, to the best of his or
5651her knowledge, information, and belief formed after reasonable
5652inquiry, it is not interposed for any improper purpose, such as
5653to harass or to cause unnecessary delay, or for economic
5654advantage, competitive reasons, or frivolous purposes or
5655needless increase in the cost of litigation. If a pleading,
5656motion, or other paper is signed in violation of these
5657requirements, the administrative law judge, upon motion or his
5658or her own initiative, shall impose upon the person who signed
5659it, a represented party, or both, an appropriate sanction, which
5660may include an order to pay to the other party or parties the
5661amount of reasonable expenses incurred because of the filing of
5662the pleading, motion, or other paper, including a reasonable
5663attorney's fee.
5664     (10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5665section shall be the sole proceeding or action for a
5666determination of whether a local government's plan, element, or
5667amendment is in compliance with this act.
5668     (14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5669government comprehensive plan or plan amendment which is
5670applicable to a designated area of critical state concern shall
5671be effective until a final order is issued finding the plan or
5672amendment to be in compliance as defined in this section.
5673     (11)(15)  PUBLIC HEARINGS.-
5674     (a)  The procedure for transmittal of a complete proposed
5675comprehensive plan or plan amendment pursuant to subparagraph
5676subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
5677comprehensive plan or plan amendment pursuant to
5678subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5679affirmative vote of not less than a majority of the members of
5680the governing body present at the hearing. The adoption of a
5681comprehensive plan or plan amendment shall be by ordinance. For
5682the purposes of transmitting or adopting a comprehensive plan or
5683plan amendment, the notice requirements in chapters 125 and 166
5684are superseded by this subsection, except as provided in this
5685part.
5686     (b)  The local governing body shall hold at least two
5687advertised public hearings on the proposed comprehensive plan or
5688plan amendment as follows:
5689     1.  The first public hearing shall be held at the
5690transmittal stage pursuant to subsection (3). It shall be held
5691on a weekday at least 7 days after the day that the first
5692advertisement is published pursuant to the requirements of
5693chapter 125 or chapter 166.
5694     2.  The second public hearing shall be held at the adoption
5695stage pursuant to subsection (7). It shall be held on a weekday
5696at least 5 days after the day that the second advertisement is
5697published pursuant to the requirements of chapter 125 or chapter
5698166.
5699     (c)  Nothing in this part is intended to prohibit or limit
5700the authority of local governments to require a person
5701requesting an amendment to pay some or all of the cost of the
5702public notice.
5703     (12)  CONCURRENT ZONING.-At the request of an applicant, a
5704local government shall consider an application for zoning
5705changes that would be required to properly enact any proposed
5706plan amendment transmitted pursuant to this subsection. Zoning
5707changes approved by the local government are contingent upon the
5708comprehensive plan or plan amendment transmitted becoming
5709effective.
5710     (13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5711government comprehensive plan or plan amendment that is
5712applicable to a designated area of critical state concern shall
5713be effective until a final order is issued finding the plan or
5714amendment to be in compliance as defined in paragraph (1)(b).
5715     (c)  The local government shall provide a sign-in form at
5716the transmittal hearing and at the adoption hearing for persons
5717to provide their names and mailing addresses. The sign-in form
5718must advise that any person providing the requested information
5719will receive a courtesy informational statement concerning
5720publications of the state land planning agency's notice of
5721intent. The local government shall add to the sign-in form the
5722name and address of any person who submits written comments
5723concerning the proposed plan or plan amendment during the time
5724period between the commencement of the transmittal hearing and
5725the end of the adoption hearing. It is the responsibility of the
5726person completing the form or providing written comments to
5727accurately, completely, and legibly provide all information
5728needed in order to receive the courtesy informational statement.
5729     (d)  The agency shall provide a model sign-in form for
5730providing the list to the agency which may be used by the local
5731government to satisfy the requirements of this subsection.
5732     (e)  If the proposed comprehensive plan or plan amendment
5733changes the actual list of permitted, conditional, or prohibited
5734uses within a future land use category or changes the actual
5735future land use map designation of a parcel or parcels of land,
5736the required advertisements shall be in the format prescribed by
5737s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5738municipality.
5739     (16)  COMPLIANCE AGREEMENTS.-
5740     (a)  At any time following the issuance of a notice of
5741intent to find a comprehensive plan or plan amendment not in
5742compliance with this part or after the initiation of a hearing
5743pursuant to subsection (9), the state land planning agency and
5744the local government may voluntarily enter into a compliance
5745agreement to resolve one or more of the issues raised in the
5746proceedings. Affected persons who have initiated a formal
5747proceeding or have intervened in a formal proceeding may also
5748enter into the compliance agreement. All parties granted
5749intervenor status shall be provided reasonable notice of the
5750commencement of a compliance agreement negotiation process and a
5751reasonable opportunity to participate in such negotiation
5752process. Negotiation meetings with local governments or
5753intervenors shall be open to the public. The state land planning
5754agency shall provide each party granted intervenor status with a
5755copy of the compliance agreement within 10 days after the
5756agreement is executed. The compliance agreement shall list each
5757portion of the plan or plan amendment which is not in
5758compliance, and shall specify remedial actions which the local
5759government must complete within a specified time in order to
5760bring the plan or plan amendment into compliance, including
5761adoption of all necessary plan amendments. The compliance
5762agreement may also establish monitoring requirements and
5763incentives to ensure that the conditions of the compliance
5764agreement are met.
5765     (b)  Upon filing by the state land planning agency of a
5766compliance agreement executed by the agency and the local
5767government with the Division of Administrative Hearings, any
5768administrative proceeding under ss. 120.569 and 120.57 regarding
5769the plan or plan amendment covered by the compliance agreement
5770shall be stayed.
5771     (c)  Prior to its execution of a compliance agreement, the
5772local government must approve the compliance agreement at a
5773public hearing advertised at least 10 days before the public
5774hearing in a newspaper of general circulation in the area in
5775accordance with the advertisement requirements of subsection
5776(15).
5777     (d)  A local government may adopt a plan amendment pursuant
5778to a compliance agreement in accordance with the requirements of
5779paragraph (15)(a). The plan amendment shall be exempt from the
5780requirements of subsections (2)-(7). The local government shall
5781hold a single adoption public hearing pursuant to the
5782requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5783Within 10 working days after adoption of a plan amendment, the
5784local government shall transmit the amendment to the state land
5785planning agency as specified in the agency's procedural rules,
5786and shall submit one copy to the regional planning agency and to
5787any other unit of local government or government agency in the
5788state that has filed a written request with the governing body
5789for a copy of the plan amendment, and one copy to any party to
5790the proceeding under ss. 120.569 and 120.57 granted intervenor
5791status.
5792     (e)  The state land planning agency, upon receipt of a plan
5793amendment adopted pursuant to a compliance agreement, shall
5794issue a cumulative notice of intent addressing both the
5795compliance agreement amendment and the plan or plan amendment
5796that was the subject of the agreement, in accordance with
5797subsection (8).
5798     (f)1.  If the local government adopts a comprehensive plan
5799amendment pursuant to a compliance agreement and a notice of
5800intent to find the plan amendment in compliance is issued, the
5801state land planning agency shall forward the notice of intent to
5802the Division of Administrative Hearings and the administrative
5803law judge shall realign the parties in the pending proceeding
5804under ss. 120.569 and 120.57, which shall thereafter be governed
5805by the process contained in paragraphs (9)(a) and (b), including
5806provisions relating to challenges by an affected person, burden
5807of proof, and issues of a recommended order and a final order,
5808except as provided in subparagraph 2. Parties to the original
5809proceeding at the time of realignment may continue as parties
5810without being required to file additional pleadings to initiate
5811a proceeding, but may timely amend their pleadings to raise any
5812challenge to the amendment which is the subject of the
5813cumulative notice of intent, and must otherwise conform to the
5814rules of procedure of the Division of Administrative Hearings.
5815Any affected person not a party to the realigned proceeding may
5816challenge the plan amendment which is the subject of the
5817cumulative notice of intent by filing a petition with the agency
5818as provided in subsection (9). The agency shall forward the
5819petition filed by the affected person not a party to the
5820realigned proceeding to the Division of Administrative Hearings
5821for consolidation with the realigned proceeding.
5822     2.  If any of the issues raised by the state land planning
5823agency in the original subsection (10) proceeding are not
5824resolved by the compliance agreement amendments, any intervenor
5825in the original subsection (10) proceeding may require those
5826issues to be addressed in the pending consolidated realigned
5827proceeding under ss. 120.569 and 120.57. As to those unresolved
5828issues, the burden of proof shall be governed by subsection
5829(10).
5830     3.  If the local government adopts a comprehensive plan
5831amendment pursuant to a compliance agreement and a notice of
5832intent to find the plan amendment not in compliance is issued,
5833the state land planning agency shall forward the notice of
5834intent to the Division of Administrative Hearings, which shall
5835consolidate the proceeding with the pending proceeding and
5836immediately set a date for hearing in the pending proceeding
5837under ss. 120.569 and 120.57. Affected persons who are not a
5838party to the underlying proceeding under ss. 120.569 and 120.57
5839may challenge the plan amendment adopted pursuant to the
5840compliance agreement by filing a petition pursuant to subsection
5841(10).
5842     (g)  If the local government fails to adopt a comprehensive
5843plan amendment pursuant to a compliance agreement, the state
5844land planning agency shall notify the Division of Administrative
5845Hearings, which shall set the hearing in the pending proceeding
5846under ss. 120.569 and 120.57 at the earliest convenient time.
5847     (h)  This subsection does not prohibit a local government
5848from amending portions of its comprehensive plan other than
5849those which are the subject of the compliance agreement.
5850However, such amendments to the plan may not be inconsistent
5851with the compliance agreement.
5852     (i)  Nothing in this subsection is intended to limit the
5853parties from entering into a compliance agreement at any time
5854before the final order in the proceeding is issued, provided
5855that the provisions of paragraph (c) shall apply regardless of
5856when the compliance agreement is reached.
5857     (j)  Nothing in this subsection is intended to force any
5858party into settlement against its will or to preclude the use of
5859other informal dispute resolution methods, such as the services
5860offered by the Florida Growth Management Dispute Resolution
5861Consortium, in the course of or in addition to the method
5862described in this subsection.
5863     (17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5864A local government that has adopted a community vision and urban
5865service boundary under s. 163.3177(13) and (14) may adopt a plan
5866amendment related to map amendments solely to property within an
5867urban service boundary in the manner described in subsections
5868(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5869and e., 2., and 3., such that state and regional agency review
5870is eliminated. The department may not issue an objections,
5871recommendations, and comments report on proposed plan amendments
5872or a notice of intent on adopted plan amendments; however,
5873affected persons, as defined by paragraph (1)(a), may file a
5874petition for administrative review pursuant to the requirements
5875of s. 163.3187(3)(a) to challenge the compliance of an adopted
5876plan amendment. This subsection does not apply to any amendment
5877within an area of critical state concern, to any amendment that
5878increases residential densities allowable in high-hazard coastal
5879areas as defined in s. 163.3178(2)(h), or to a text change to
5880the goals, policies, or objectives of the local government's
5881comprehensive plan. Amendments submitted under this subsection
5882are exempt from the limitation on the frequency of plan
5883amendments in s. 163.3187.
5884     (18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5885municipality that has a designated urban infill and
5886redevelopment area under s. 163.2517 may adopt a plan amendment
5887related to map amendments solely to property within a designated
5888urban infill and redevelopment area in the manner described in
5889subsections (1), (2), (7), (14), (15), and (16) and s.
5890163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5891regional agency review is eliminated. The department may not
5892issue an objections, recommendations, and comments report on
5893proposed plan amendments or a notice of intent on adopted plan
5894amendments; however, affected persons, as defined by paragraph
5895(1)(a), may file a petition for administrative review pursuant
5896to the requirements of s. 163.3187(3)(a) to challenge the
5897compliance of an adopted plan amendment. This subsection does
5898not apply to any amendment within an area of critical state
5899concern, to any amendment that increases residential densities
5900allowable in high-hazard coastal areas as defined in s.
5901163.3178(2)(h), or to a text change to the goals, policies, or
5902objectives of the local government's comprehensive plan.
5903Amendments submitted under this subsection are exempt from the
5904limitation on the frequency of plan amendments in s. 163.3187.
5905     (19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5906government that identifies in its comprehensive plan the types
5907of housing developments and conditions for which it will
5908consider plan amendments that are consistent with the local
5909housing incentive strategies identified in s. 420.9076 and
5910authorized by the local government may expedite consideration of
5911such plan amendments. At least 30 days prior to adopting a plan
5912amendment pursuant to this subsection, the local government
5913shall notify the state land planning agency of its intent to
5914adopt such an amendment, and the notice shall include the local
5915government's evaluation of site suitability and availability of
5916facilities and services. A plan amendment considered under this
5917subsection shall require only a single public hearing before the
5918local governing body, which shall be a plan amendment adoption
5919hearing as described in subsection (7). The public notice of the
5920hearing required under subparagraph (15)(b)2. must include a
5921statement that the local government intends to use the expedited
5922adoption process authorized under this subsection. The state
5923land planning agency shall issue its notice of intent required
5924under subsection (8) within 30 days after determining that the
5925amendment package is complete. Any further proceedings shall be
5926governed by subsections (9)-(16).
5927     Section 18.  Section 163.3187, Florida Statutes, is amended
5928to read:
5929     163.3187  Process for adoption of small-scale comprehensive
5930plan amendment of adopted comprehensive plan.-
5931     (1)  Amendments to comprehensive plans adopted pursuant to
5932this part may be made not more than two times during any
5933calendar year, except:
5934     (a)  In the case of an emergency, comprehensive plan
5935amendments may be made more often than twice during the calendar
5936year if the additional plan amendment receives the approval of
5937all of the members of the governing body. "Emergency" means any
5938occurrence or threat thereof whether accidental or natural,
5939caused by humankind, in war or peace, which results or may
5940result in substantial injury or harm to the population or
5941substantial damage to or loss of property or public funds.
5942     (b)  Any local government comprehensive plan amendments
5943directly related to a proposed development of regional impact,
5944including changes which have been determined to be substantial
5945deviations and including Florida Quality Developments pursuant
5946to s. 380.061, may be initiated by a local planning agency and
5947considered by the local governing body at the same time as the
5948application for development approval using the procedures
5949provided for local plan amendment in this section and applicable
5950local ordinances.
5951     (1)(c)  Any local government comprehensive plan amendments
5952directly related to proposed small scale development activities
5953may be approved without regard to statutory limits on the
5954frequency of consideration of amendments to the local
5955comprehensive plan. A small scale development amendment may be
5956adopted only under the following conditions:
5957     (a)1.  The proposed amendment involves a use of 10 acres or
5958fewer and:
5959     (b)a.  The cumulative annual effect of the acreage for all
5960small scale development amendments adopted by the local
5961government does shall not exceed:
5962     (I)  a maximum of 120 acres in a calendar year. local
5963government that contains areas specifically designated in the
5964local comprehensive plan for urban infill, urban redevelopment,
5965or downtown revitalization as defined in s. 163.3164, urban
5966infill and redevelopment areas designated under s. 163.2517,
5967transportation concurrency exception areas approved pursuant to
5968s. 163.3180(5), or regional activity centers and urban central
5969business districts approved pursuant to s. 380.06(2)(e);
5970however, amendments under this paragraph may be applied to no
5971more than 60 acres annually of property outside the designated
5972areas listed in this sub-sub-subparagraph. Amendments adopted
5973pursuant to paragraph (k) shall not be counted toward the
5974acreage limitations for small scale amendments under this
5975paragraph.
5976     (II)  A maximum of 80 acres in a local government that does
5977not contain any of the designated areas set forth in sub-sub-
5978subparagraph (I).
5979     (III)  A maximum of 120 acres in a county established
5980pursuant to s. 9, Art. VIII of the State Constitution.
5981     b.  The proposed amendment does not involve the same
5982property granted a change within the prior 12 months.
5983     c.  The proposed amendment does not involve the same
5984owner's property within 200 feet of property granted a change
5985within the prior 12 months.
5986     (c)d.  The proposed amendment does not involve a text
5987change to the goals, policies, and objectives of the local
5988government's comprehensive plan, but only proposes a land use
5989change to the future land use map for a site-specific small
5990scale development activity. However, text changes that relate
5991directly to, and are adopted simultaneously with, the small
5992scale future land use map amendment shall be permissible under
5993this section.
5994     (d)e.  The property that is the subject of the proposed
5995amendment is not located within an area of critical state
5996concern, unless the project subject to the proposed amendment
5997involves the construction of affordable housing units meeting
5998the criteria of s. 420.0004(3), and is located within an area of
5999critical state concern designated by s. 380.0552 or by the
6000Administration Commission pursuant to s. 380.05(1). Such
6001amendment is not subject to the density limitations of sub-
6002subparagraph f., and shall be reviewed by the state land
6003planning agency for consistency with the principles for guiding
6004development applicable to the area of critical state concern
6005where the amendment is located and shall not become effective
6006until a final order is issued under s. 380.05(6).
6007     f.  If the proposed amendment involves a residential land
6008use, the residential land use has a density of 10 units or less
6009per acre or the proposed future land use category allows a
6010maximum residential density of the same or less than the maximum
6011residential density allowable under the existing future land use
6012category, except that this limitation does not apply to small
6013scale amendments involving the construction of affordable
6014housing units meeting the criteria of s. 420.0004(3) on property
6015which will be the subject of a land use restriction agreement,
6016or small scale amendments described in sub-sub-subparagraph
6017a.(I) that are designated in the local comprehensive plan for
6018urban infill, urban redevelopment, or downtown revitalization as
6019defined in s. 163.3164, urban infill and redevelopment areas
6020designated under s. 163.2517, transportation concurrency
6021exception areas approved pursuant to s. 163.3180(5), or regional
6022activity centers and urban central business districts approved
6023pursuant to s. 380.06(2)(e).
6024     2.a.  A local government that proposes to consider a plan
6025amendment pursuant to this paragraph is not required to comply
6026with the procedures and public notice requirements of s.
6027163.3184(15)(c) for such plan amendments if the local government
6028complies with the provisions in s. 125.66(4)(a) for a county or
6029in s. 166.041(3)(c) for a municipality. If a request for a plan
6030amendment under this paragraph is initiated by other than the
6031local government, public notice is required.
6032     b.  The local government shall send copies of the notice
6033and amendment to the state land planning agency, the regional
6034planning council, and any other person or entity requesting a
6035copy. This information shall also include a statement
6036identifying any property subject to the amendment that is
6037located within a coastal high-hazard area as identified in the
6038local comprehensive plan.
6039     (2)3.  Small scale development amendments adopted pursuant
6040to this section paragraph require only one public hearing before
6041the governing board, which shall be an adoption hearing as
6042described in s. 163.3184(11)(7), and are not subject to the
6043requirements of s. 163.3184(3)-(6) unless the local government
6044elects to have them subject to those requirements.
6045     (3)4.  If the small scale development amendment involves a
6046site within an area that is designated by the Governor as a
6047rural area of critical economic concern as defined under s.
6048288.0656(2)(d)(7) for the duration of such designation, the 10-
6049acre limit listed in subsection (1) subparagraph 1. shall be
6050increased by 100 percent to 20 acres. The local government
6051approving the small scale plan amendment shall certify to the
6052Office of Tourism, Trade, and Economic Development that the plan
6053amendment furthers the economic objectives set forth in the
6054executive order issued under s. 288.0656(7), and the property
6055subject to the plan amendment shall undergo public review to
6056ensure that all concurrency requirements and federal, state, and
6057local environmental permit requirements are met.
6058     (d)  Any comprehensive plan amendment required by a
6059compliance agreement pursuant to s. 163.3184(16) may be approved
6060without regard to statutory limits on the frequency of adoption
6061of amendments to the comprehensive plan.
6062     (e)  A comprehensive plan amendment for location of a state
6063correctional facility. Such an amendment may be made at any time
6064and does not count toward the limitation on the frequency of
6065plan amendments.
6066     (f)  The capital improvements element annual update
6067required in s. 163.3177(3)(b)1. and any amendments directly
6068related to the schedule.
6069     (g)  Any local government comprehensive plan amendments
6070directly related to proposed redevelopment of brownfield areas
6071designated under s. 376.80 may be approved without regard to
6072statutory limits on the frequency of consideration of amendments
6073to the local comprehensive plan.
6074     (h)  Any comprehensive plan amendments for port
6075transportation facilities and projects that are eligible for
6076funding by the Florida Seaport Transportation and Economic
6077Development Council pursuant to s. 311.07.
6078     (i)  A comprehensive plan amendment for the purpose of
6079designating an urban infill and redevelopment area under s.
6080163.2517 may be approved without regard to the statutory limits
6081on the frequency of amendments to the comprehensive plan.
6082     (j)  Any comprehensive plan amendment to establish public
6083school concurrency pursuant to s. 163.3180(13), including, but
6084not limited to, adoption of a public school facilities element
6085and adoption of amendments to the capital improvements element
6086and intergovernmental coordination element. In order to ensure
6087the consistency of local government public school facilities
6088elements within a county, such elements shall be prepared and
6089adopted on a similar time schedule.
6090     (k)  A local comprehensive plan amendment directly related
6091to providing transportation improvements to enhance life safety
6092on Controlled Access Major Arterial Highways identified in the
6093Florida Intrastate Highway System, in counties as defined in s.
6094125.011, where such roadways have a high incidence of traffic
6095accidents resulting in serious injury or death. Any such
6096amendment shall not include any amendment modifying the
6097designation on a comprehensive development plan land use map nor
6098any amendment modifying the allowable densities or intensities
6099of any land.
6100     (l)  A comprehensive plan amendment to adopt a public
6101educational facilities element pursuant to s. 163.3177(12) and
6102future land-use-map amendments for school siting may be approved
6103notwithstanding statutory limits on the frequency of adopting
6104plan amendments.
6105     (m)  A comprehensive plan amendment that addresses criteria
6106or compatibility of land uses adjacent to or in close proximity
6107to military installations in a local government's future land
6108use element does not count toward the limitation on the
6109frequency of the plan amendments.
6110     (n)  Any local government comprehensive plan amendment
6111establishing or implementing a rural land stewardship area
6112pursuant to the provisions of s. 163.3177(11)(d).
6113     (o)  A comprehensive plan amendment that is submitted by an
6114area designated by the Governor as a rural area of critical
6115economic concern under s. 288.0656(7) and that meets the
6116economic development objectives may be approved without regard
6117to the statutory limits on the frequency of adoption of
6118amendments to the comprehensive plan.
6119     (p)  Any local government comprehensive plan amendment that
6120is consistent with the local housing incentive strategies
6121identified in s. 420.9076 and authorized by the local
6122government.
6123     (q)  Any local government plan amendment to designate an
6124urban service area as a transportation concurrency exception
6125area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
6126development-of-regional-impact process under s. 380.06(29).
6127     (4)(2)  Comprehensive plans may only be amended in such a
6128way as to preserve the internal consistency of the plan pursuant
6129to s. 163.3177(2). Corrections, updates, or modifications of
6130current costs which were set out as part of the comprehensive
6131plan shall not, for the purposes of this act, be deemed to be
6132amendments.
6133     (3)(a)  The state land planning agency shall not review or
6134issue a notice of intent for small scale development amendments
6135which satisfy the requirements of paragraph (1)(c).
6136     (5)(a)  Any affected person may file a petition with the
6137Division of Administrative Hearings pursuant to ss. 120.569 and
6138120.57 to request a hearing to challenge the compliance of a
6139small scale development amendment with this act within 30 days
6140following the local government's adoption of the amendment and,
6141shall serve a copy of the petition on the local government, and
6142shall furnish a copy to the state land planning agency. An
6143administrative law judge shall hold a hearing in the affected
6144jurisdiction not less than 30 days nor more than 60 days
6145following the filing of a petition and the assignment of an
6146administrative law judge. The parties to a hearing held pursuant
6147to this subsection shall be the petitioner, the local
6148government, and any intervenor. In the proceeding, the plan
6149amendment shall be determined to be in compliance if the local
6150government's determination that the small scale development
6151amendment is in compliance is fairly debatable presumed to be
6152correct. The local government's determination shall be sustained
6153unless it is shown by a preponderance of the evidence that the
6154amendment is not in compliance with the requirements of this
6155act. In any proceeding initiated pursuant to this subsection,
6156The state land planning agency may not intervene in any
6157proceeding initiated pursuant to this section.
6158     (b)1.  If the administrative law judge recommends that the
6159small scale development amendment be found not in compliance,
6160the administrative law judge shall submit the recommended order
6161to the Administration Commission for final agency action. If the
6162administrative law judge recommends that the small scale
6163development amendment be found in compliance, the administrative
6164law judge shall submit the recommended order to the state land
6165planning agency.
6166     2.  If the state land planning agency determines that the
6167plan amendment is not in compliance, the agency shall submit,
6168within 30 days following its receipt, the recommended order to
6169the Administration Commission for final agency action. If the
6170state land planning agency determines that the plan amendment is
6171in compliance, the agency shall enter a final order within 30
6172days following its receipt of the recommended order.
6173     (c)  Small scale development amendments may shall not
6174become effective until 31 days after adoption. If challenged
6175within 30 days after adoption, small scale development
6176amendments may shall not become effective until the state land
6177planning agency or the Administration Commission, respectively,
6178issues a final order determining that the adopted small scale
6179development amendment is in compliance.
6180     (d)  In all challenges under this subsection, when a
6181determination of compliance as defined in s. 163.3184(1)(b) is
6182made, consideration shall be given to the plan amendment as a
6183whole and whether the plan amendment furthers the intent of this
6184part.
6185     (4)  Each governing body shall transmit to the state land
6186planning agency a current copy of its comprehensive plan not
6187later than December 1, 1985. Each governing body shall also
6188transmit copies of any amendments it adopts to its comprehensive
6189plan so as to continually update the plans on file with the
6190state land planning agency.
6191     (5)  Nothing in this part is intended to prohibit or limit
6192the authority of local governments to require that a person
6193requesting an amendment pay some or all of the cost of public
6194notice.
6195     (6)(a)  No local government may amend its comprehensive
6196plan after the date established by the state land planning
6197agency for adoption of its evaluation and appraisal report
6198unless it has submitted its report or addendum to the state land
6199planning agency as prescribed by s. 163.3191, except for plan
6200amendments described in paragraph (1)(b) or paragraph (1)(h).
6201     (b)  A local government may amend its comprehensive plan
6202after it has submitted its adopted evaluation and appraisal
6203report and for a period of 1 year after the initial
6204determination of sufficiency regardless of whether the report
6205has been determined to be insufficient.
6206     (c)  A local government may not amend its comprehensive
6207plan, except for plan amendments described in paragraph (1)(b),
6208if the 1-year period after the initial sufficiency determination
6209of the report has expired and the report has not been determined
6210to be sufficient.
6211     (d)  When the state land planning agency has determined
6212that the report has sufficiently addressed all pertinent
6213provisions of s. 163.3191, the local government may amend its
6214comprehensive plan without the limitations imposed by paragraph
6215(a) or paragraph (c).
6216     (e)  Any plan amendment which a local government attempts
6217to adopt in violation of paragraph (a) or paragraph (c) is
6218invalid, but such invalidity may be overcome if the local
6219government readopts the amendment and transmits the amendment to
6220the state land planning agency pursuant to s. 163.3184(7) after
6221the report is determined to be sufficient.
6222     Section 19.  Section 163.3189, Florida Statutes, is
6223repealed.
6224     Section 20.  Section 163.3191, Florida Statutes, is amended
6225to read:
6226     163.3191  Evaluation and appraisal of comprehensive plan.-
6227     (1)  At least once every 7 years, each local government
6228shall evaluate its comprehensive plan to determine if plan
6229amendments are necessary to reflect changes in state
6230requirements in this part since the last update of the
6231comprehensive plan, and notify the state land planning agency as
6232to its determination.
6233     (2)  If the local government determines amendments to its
6234comprehensive plan are necessary to reflect changes in state
6235requirements, the local government shall prepare and transmit
6236within 1 year such plan amendment or amendments for review
6237pursuant to s. 163.3184.
6238     (3)  Local governments are encouraged to comprehensively
6239evaluate and, as necessary, update comprehensive plans to
6240reflect changes in local conditions. Plan amendments transmitted
6241pursuant to this section shall be reviewed in accordance with s.
6242163.3184.
6243     (4)  If a local government fails to submit its letter
6244prescribed by subsection (1) or update its plan pursuant to
6245subsection (2), it may not amend its comprehensive plan until
6246such time as it complies with this section.
6247     (1)  The planning program shall be a continuous and ongoing
6248process. Each local government shall adopt an evaluation and
6249appraisal report once every 7 years assessing the progress in
6250implementing the local government's comprehensive plan.
6251Furthermore, it is the intent of this section that:
6252     (a)  Adopted comprehensive plans be reviewed through such
6253evaluation process to respond to changes in state, regional, and
6254local policies on planning and growth management and changing
6255conditions and trends, to ensure effective intergovernmental
6256coordination, and to identify major issues regarding the
6257community's achievement of its goals.
6258     (b)  After completion of the initial evaluation and
6259appraisal report and any supporting plan amendments, each
6260subsequent evaluation and appraisal report must evaluate the
6261comprehensive plan in effect at the time of the initiation of
6262the evaluation and appraisal report process.
6263     (c)  Local governments identify the major issues, if
6264applicable, with input from state agencies, regional agencies,
6265adjacent local governments, and the public in the evaluation and
6266appraisal report process. It is also the intent of this section
6267to establish minimum requirements for information to ensure
6268predictability, certainty, and integrity in the growth
6269management process. The report is intended to serve as a summary
6270audit of the actions that a local government has undertaken and
6271identify changes that it may need to make. The report should be
6272based on the local government's analysis of major issues to
6273further the community's goals consistent with statewide minimum
6274standards. The report is not intended to require a comprehensive
6275rewrite of the elements within the local plan, unless a local
6276government chooses to do so.
6277     (2)  The report shall present an evaluation and assessment
6278of the comprehensive plan and shall contain appropriate
6279statements to update the comprehensive plan, including, but not
6280limited to, words, maps, illustrations, or other media, related
6281to:
6282     (a)  Population growth and changes in land area, including
6283annexation, since the adoption of the original plan or the most
6284recent update amendments.
6285     (b)  The extent of vacant and developable land.
6286     (c)  The financial feasibility of implementing the
6287comprehensive plan and of providing needed infrastructure to
6288achieve and maintain adopted level-of-service standards and
6289sustain concurrency management systems through the capital
6290improvements element, as well as the ability to address
6291infrastructure backlogs and meet the demands of growth on public
6292services and facilities.
6293     (d)  The location of existing development in relation to
6294the location of development as anticipated in the original plan,
6295or in the plan as amended by the most recent evaluation and
6296appraisal report update amendments, such as within areas
6297designated for urban growth.
6298     (e)  An identification of the major issues for the
6299jurisdiction and, where pertinent, the potential social,
6300economic, and environmental impacts.
6301     (f)  Relevant changes to the state comprehensive plan, the
6302requirements of this part, the minimum criteria contained in
6303chapter 9J-5, Florida Administrative Code, and the appropriate
6304strategic regional policy plan since the adoption of the
6305original plan or the most recent evaluation and appraisal report
6306update amendments.
6307     (g)  An assessment of whether the plan objectives within
6308each element, as they relate to major issues, have been
6309achieved. The report shall include, as appropriate, an
6310identification as to whether unforeseen or unanticipated changes
6311in circumstances have resulted in problems or opportunities with
6312respect to major issues identified in each element and the
6313social, economic, and environmental impacts of the issue.
6314     (h)  A brief assessment of successes and shortcomings
6315related to each element of the plan.
6316     (i)  The identification of any actions or corrective
6317measures, including whether plan amendments are anticipated to
6318address the major issues identified and analyzed in the report.
6319Such identification shall include, as appropriate, new
6320population projections, new revised planning timeframes, a
6321revised future conditions map or map series, an updated capital
6322improvements element, and any new and revised goals, objectives,
6323and policies for major issues identified within each element.
6324This paragraph shall not require the submittal of the plan
6325amendments with the evaluation and appraisal report.
6326     (j)  A summary of the public participation program and
6327activities undertaken by the local government in preparing the
6328report.
6329     (k)  The coordination of the comprehensive plan with
6330existing public schools and those identified in the applicable
6331educational facilities plan adopted pursuant to s. 1013.35. The
6332assessment shall address, where relevant, the success or failure
6333of the coordination of the future land use map and associated
6334planned residential development with public schools and their
6335capacities, as well as the joint decisionmaking processes
6336engaged in by the local government and the school board in
6337regard to establishing appropriate population projections and
6338the planning and siting of public school facilities. For those
6339counties or municipalities that do not have a public schools
6340interlocal agreement or public school facilities element, the
6341assessment shall determine whether the local government
6342continues to meet the criteria of s. 163.3177(12). If the county
6343or municipality determines that it no longer meets the criteria,
6344it must adopt appropriate school concurrency goals, objectives,
6345and policies in its plan amendments pursuant to the requirements
6346of the public school facilities element, and enter into the
6347existing interlocal agreement required by ss. 163.3177(6)(h)2.
6348and 163.31777 in order to fully participate in the school
6349concurrency system.
6350     (l)  The extent to which the local government has been
6351successful in identifying alternative water supply projects and
6352traditional water supply projects, including conservation and
6353reuse, necessary to meet the water needs identified in s.
6354373.709(2)(a) within the local government's jurisdiction. The
6355report must evaluate the degree to which the local government
6356has implemented the work plan for building public, private, and
6357regional water supply facilities, including development of
6358alternative water supplies, identified in the element as
6359necessary to serve existing and new development.
6360     (m)  If any of the jurisdiction of the local government is
6361located within the coastal high-hazard area, an evaluation of
6362whether any past reduction in land use density impairs the
6363property rights of current residents when redevelopment occurs,
6364including, but not limited to, redevelopment following a natural
6365disaster. The property rights of current residents shall be
6366balanced with public safety considerations. The local government
6367must identify strategies to address redevelopment feasibility
6368and the property rights of affected residents. These strategies
6369may include the authorization of redevelopment up to the actual
6370built density in existence on the property prior to the natural
6371disaster or redevelopment.
6372     (n)  An assessment of whether the criteria adopted pursuant
6373to s. 163.3177(6)(a) were successful in achieving compatibility
6374with military installations.
6375     (o)  The extent to which a concurrency exception area
6376designated pursuant to s. 163.3180(5), a concurrency management
6377area designated pursuant to s. 163.3180(7), or a multimodal
6378transportation district designated pursuant to s. 163.3180(15)
6379has achieved the purpose for which it was created and otherwise
6380complies with the provisions of s. 163.3180.
6381     (p)  An assessment of the extent to which changes are
6382needed to develop a common methodology for measuring impacts on
6383transportation facilities for the purpose of implementing its
6384concurrency management system in coordination with the
6385municipalities and counties, as appropriate pursuant to s.
6386163.3180(10).
6387     (3)  Voluntary scoping meetings may be conducted by each
6388local government or several local governments within the same
6389county that agree to meet together. Joint meetings among all
6390local governments in a county are encouraged. All scoping
6391meetings shall be completed at least 1 year prior to the
6392established adoption date of the report. The purpose of the
6393meetings shall be to distribute data and resources available to
6394assist in the preparation of the report, to provide input on
6395major issues in each community that should be addressed in the
6396report, and to advise on the extent of the effort for the
6397components of subsection (2). If scoping meetings are held, the
6398local government shall invite each state and regional reviewing
6399agency, as well as adjacent and other affected local
6400governments. A preliminary list of new data and major issues
6401that have emerged since the adoption of the original plan, or
6402the most recent evaluation and appraisal report-based update
6403amendments, should be developed by state and regional entities
6404and involved local governments for distribution at the scoping
6405meeting. For purposes of this subsection, a "scoping meeting" is
6406a meeting conducted to determine the scope of review of the
6407evaluation and appraisal report by parties to which the report
6408relates.
6409     (4)  The local planning agency shall prepare the evaluation
6410and appraisal report and shall make recommendations to the
6411governing body regarding adoption of the proposed report. The
6412local planning agency shall prepare the report in conformity
6413with its public participation procedures adopted as required by
6414s. 163.3181. During the preparation of the proposed report and
6415prior to making any recommendation to the governing body, the
6416local planning agency shall hold at least one public hearing,
6417with public notice, on the proposed report. At a minimum, the
6418format and content of the proposed report shall include a table
6419of contents; numbered pages; element headings; section headings
6420within elements; a list of included tables, maps, and figures; a
6421title and sources for all included tables; a preparation date;
6422and the name of the preparer. Where applicable, maps shall
6423include major natural and artificial geographic features; city,
6424county, and state lines; and a legend indicating a north arrow,
6425map scale, and the date.
6426     (5)  Ninety days prior to the scheduled adoption date, the
6427local government may provide a proposed evaluation and appraisal
6428report to the state land planning agency and distribute copies
6429to state and regional commenting agencies as prescribed by rule,
6430adjacent jurisdictions, and interested citizens for review. All
6431review comments, including comments by the state land planning
6432agency, shall be transmitted to the local government and state
6433land planning agency within 30 days after receipt of the
6434proposed report.
6435     (6)  The governing body, after considering the review
6436comments and recommended changes, if any, shall adopt the
6437evaluation and appraisal report by resolution or ordinance at a
6438public hearing with public notice. The governing body shall
6439adopt the report in conformity with its public participation
6440procedures adopted as required by s. 163.3181. The local
6441government shall submit to the state land planning agency three
6442copies of the report, a transmittal letter indicating the dates
6443of public hearings, and a copy of the adoption resolution or
6444ordinance. The local government shall provide a copy of the
6445report to the reviewing agencies which provided comments for the
6446proposed report, or to all the reviewing agencies if a proposed
6447report was not provided pursuant to subsection (5), including
6448the adjacent local governments. Within 60 days after receipt,
6449the state land planning agency shall review the adopted report
6450and make a preliminary sufficiency determination that shall be
6451forwarded by the agency to the local government for its
6452consideration. The state land planning agency shall issue a
6453final sufficiency determination within 90 days after receipt of
6454the adopted evaluation and appraisal report.
6455     (7)  The intent of the evaluation and appraisal process is
6456the preparation of a plan update that clearly and concisely
6457achieves the purpose of this section. Toward this end, the
6458sufficiency review of the state land planning agency shall
6459concentrate on whether the evaluation and appraisal report
6460sufficiently fulfills the components of subsection (2). If the
6461state land planning agency determines that the report is
6462insufficient, the governing body shall adopt a revision of the
6463report and submit the revised report for review pursuant to
6464subsection (6).
6465     (8)  The state land planning agency may delegate the review
6466of evaluation and appraisal reports, including all state land
6467planning agency duties under subsections (4)-(7), to the
6468appropriate regional planning council. When the review has been
6469delegated to a regional planning council, any local government
6470in the region may elect to have its report reviewed by the
6471regional planning council rather than the state land planning
6472agency. The state land planning agency shall by agreement
6473provide for uniform and adequate review of reports and shall
6474retain oversight for any delegation of review to a regional
6475planning council.
6476     (9)  The state land planning agency may establish a phased
6477schedule for adoption of reports. The schedule shall provide
6478each local government at least 7 years from plan adoption or
6479last established adoption date for a report and shall allot
6480approximately one-seventh of the reports to any 1 year. In order
6481to allow the municipalities to use data and analyses gathered by
6482the counties, the state land planning agency shall schedule
6483municipal report adoption dates between 1 year and 18 months
6484later than the report adoption date for the county in which
6485those municipalities are located. A local government may adopt
6486its report no earlier than 90 days prior to the established
6487adoption date. Small municipalities which were scheduled by
6488chapter 9J-33, Florida Administrative Code, to adopt their
6489evaluation and appraisal report after February 2, 1999, shall be
6490rescheduled to adopt their report together with the other
6491municipalities in their county as provided in this subsection.
6492     (10)  The governing body shall amend its comprehensive plan
6493based on the recommendations in the report and shall update the
6494comprehensive plan based on the components of subsection (2),
6495pursuant to the provisions of ss. 163.3184, 163.3187, and
6496163.3189. Amendments to update a comprehensive plan based on the
6497evaluation and appraisal report shall be adopted during a single
6498amendment cycle within 18 months after the report is determined
6499to be sufficient by the state land planning agency, except the
6500state land planning agency may grant an extension for adoption
6501of a portion of such amendments. The state land planning agency
6502may grant a 6-month extension for the adoption of such
6503amendments if the request is justified by good and sufficient
6504cause as determined by the agency. An additional extension may
6505also be granted if the request will result in greater
6506coordination between transportation and land use, for the
6507purposes of improving Florida's transportation system, as
6508determined by the agency in coordination with the Metropolitan
6509Planning Organization program. Beginning July 1, 2006, failure
6510to timely adopt and transmit update amendments to the
6511comprehensive plan based on the evaluation and appraisal report
6512shall result in a local government being prohibited from
6513adopting amendments to the comprehensive plan until the
6514evaluation and appraisal report update amendments have been
6515adopted and transmitted to the state land planning agency. The
6516prohibition on plan amendments shall commence when the update
6517amendments to the comprehensive plan are past due. The
6518comprehensive plan as amended shall be in compliance as defined
6519in s. 163.3184(1)(b). Within 6 months after the effective date
6520of the update amendments to the comprehensive plan, the local
6521government shall provide to the state land planning agency and
6522to all agencies designated by rule a complete copy of the
6523updated comprehensive plan.
6524     (11)  The Administration Commission may impose the
6525sanctions provided by s. 163.3184(11) against any local
6526government that fails to adopt and submit a report, or that
6527fails to implement its report through timely and sufficient
6528amendments to its local plan, except for reasons of excusable
6529delay or valid planning reasons agreed to by the state land
6530planning agency or found present by the Administration
6531Commission. Sanctions for untimely or insufficient plan
6532amendments shall be prospective only and shall begin after a
6533final order has been issued by the Administration Commission and
6534a reasonable period of time has been allowed for the local
6535government to comply with an adverse determination by the
6536Administration Commission through adoption of plan amendments
6537that are in compliance. The state land planning agency may
6538initiate, and an affected person may intervene in, such a
6539proceeding by filing a petition with the Division of
6540Administrative Hearings, which shall appoint an administrative
6541law judge and conduct a hearing pursuant to ss. 120.569 and
6542120.57(1) and shall submit a recommended order to the
6543Administration Commission. The affected local government shall
6544be a party to any such proceeding. The commission may implement
6545this subsection by rule.
6546     (5)(12)  The state land planning agency may shall not adopt
6547rules to implement this section, other than procedural rules or
6548a schedule indicating when local governments must comply with
6549the requirements of this section.
6550     (13)  The state land planning agency shall regularly review
6551the evaluation and appraisal report process and submit a report
6552to the Governor, the Administration Commission, the Speaker of
6553the House of Representatives, the President of the Senate, and
6554the respective community affairs committees of the Senate and
6555the House of Representatives. The first report shall be
6556submitted by December 31, 2004, and subsequent reports shall be
6557submitted every 5 years thereafter. At least 9 months before the
6558due date of each report, the Secretary of Community Affairs
6559shall appoint a technical committee of at least 15 members to
6560assist in the preparation of the report. The membership of the
6561technical committee shall consist of representatives of local
6562governments, regional planning councils, the private sector, and
6563environmental organizations. The report shall assess the
6564effectiveness of the evaluation and appraisal report process.
6565     (14)  The requirement of subsection (10) prohibiting a
6566local government from adopting amendments to the local
6567comprehensive plan until the evaluation and appraisal report
6568update amendments have been adopted and transmitted to the state
6569land planning agency does not apply to a plan amendment proposed
6570for adoption by the appropriate local government as defined in
6571s. 163.3178(2)(k) in order to integrate a port comprehensive
6572master plan with the coastal management element of the local
6573comprehensive plan as required by s. 163.3178(2)(k) if the port
6574comprehensive master plan or the proposed plan amendment does
6575not cause or contribute to the failure of the local government
6576to comply with the requirements of the evaluation and appraisal
6577report.
6578     Section 21.  Paragraph (b) of subsection (2) of section
6579163.3217, Florida Statutes, is amended to read:
6580     163.3217  Municipal overlay for municipal incorporation.-
6581     (2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6582OVERLAY.-
6583     (b)1.  A municipal overlay shall be adopted as an amendment
6584to the local government comprehensive plan as prescribed by s.
6585163.3184.
6586     2.  A county may consider the adoption of a municipal
6587overlay without regard to the provisions of s. 163.3187(1)
6588regarding the frequency of adoption of amendments to the local
6589comprehensive plan.
6590     Section 22.  Subsection (3) of section 163.3220, Florida
6591Statutes, is amended to read:
6592     163.3220  Short title; legislative intent.-
6593     (3)  In conformity with, in furtherance of, and to
6594implement the Community Local Government Comprehensive Planning
6595and Land Development Regulation Act and the Florida State
6596Comprehensive Planning Act of 1972, it is the intent of the
6597Legislature to encourage a stronger commitment to comprehensive
6598and capital facilities planning, ensure the provision of
6599adequate public facilities for development, encourage the
6600efficient use of resources, and reduce the economic cost of
6601development.
6602     Section 23.  Subsections (2) and (11) of section 163.3221,
6603Florida Statutes, are amended to read:
6604     163.3221  Florida Local Government Development Agreement
6605Act; definitions.-As used in ss. 163.3220-163.3243:
6606     (2)  "Comprehensive plan" means a plan adopted pursuant to
6607the Community "Local Government Comprehensive Planning and Land
6608Development Regulation Act."
6609     (11)  "Local planning agency" means the agency designated
6610to prepare a comprehensive plan or plan amendment pursuant to
6611the Community "Florida Local Government Comprehensive Planning
6612and Land Development Regulation Act."
6613     Section 24.  Section 163.3229, Florida Statutes, is amended
6614to read:
6615     163.3229  Duration of a development agreement and
6616relationship to local comprehensive plan.-The duration of a
6617development agreement may shall not exceed 30 20 years, unless
6618it is. It may be extended by mutual consent of the governing
6619body and the developer, subject to a public hearing in
6620accordance with s. 163.3225. No development agreement shall be
6621effective or be implemented by a local government unless the
6622local government's comprehensive plan and plan amendments
6623implementing or related to the agreement are found in compliance
6624by the state land planning agency in accordance with s.
6625163.3184, s. 163.3187, or s. 163.3189.
6626     Section 25.  Section 163.3235, Florida Statutes, is amended
6627to read:
6628     163.3235  Periodic review of a development agreement.-A
6629local government shall review land subject to a development
6630agreement at least once every 12 months to determine if there
6631has been demonstrated good faith compliance with the terms of
6632the development agreement. For each annual review conducted
6633during years 6 through 10 of a development agreement, the review
6634shall be incorporated into a written report which shall be
6635submitted to the parties to the agreement and the state land
6636planning agency. The state land planning agency shall adopt
6637rules regarding the contents of the report, provided that the
6638report shall be limited to the information sufficient to
6639determine the extent to which the parties are proceeding in good
6640faith to comply with the terms of the development agreement. If
6641the local government finds, on the basis of substantial
6642competent evidence, that there has been a failure to comply with
6643the terms of the development agreement, the agreement may be
6644revoked or modified by the local government.
6645     Section 26.  Section 163.3239, Florida Statutes, is amended
6646to read:
6647     163.3239  Recording and effectiveness of a development
6648agreement.-Within 14 days after a local government enters into a
6649development agreement, the local government shall record the
6650agreement with the clerk of the circuit court in the county
6651where the local government is located. A copy of the recorded
6652development agreement shall be submitted to the state land
6653planning agency within 14 days after the agreement is recorded.
6654A development agreement is shall not be effective until it is
6655properly recorded in the public records of the county and until
665630 days after having been received by the state land planning
6657agency pursuant to this section. The burdens of the development
6658agreement shall be binding upon, and the benefits of the
6659agreement shall inure to, all successors in interest to the
6660parties to the agreement.
6661     Section 27.  Section 163.3243, Florida Statutes, is amended
6662to read:
6663     163.3243  Enforcement.-Any party or, any aggrieved or
6664adversely affected person as defined in s. 163.3215(2), or the
6665state land planning agency may file an action for injunctive
6666relief in the circuit court where the local government is
6667located to enforce the terms of a development agreement or to
6668challenge compliance of the agreement with the provisions of ss.
6669163.3220-     163.3243.
6670     Section 28.  Section 163.3245, Florida Statutes, is amended
6671to read:
6672     163.3245  Optional Sector plans.-
6673     (1)  In recognition of the benefits of conceptual long-
6674range planning for the buildout of an area, and detailed
6675planning for specific areas, as a demonstration project, the
6676requirements of s. 380.06 may be addressed as identified by this
6677section for up to five local governments or combinations of
6678local governments may which adopt into their the comprehensive
6679plans a plan an optional sector plan in accordance with this
6680section. This section is intended to promote and encourage long-
6681term planning for conservation, development, and agriculture on
6682a landscape scale; to further the intent of s. 163.3177(11),
6683which supports innovative and flexible planning and development
6684strategies, and the purposes of this part, and part I of chapter
6685380; to facilitate protection of regionally significant
6686resources, including, but not limited to, regionally significant
6687water courses and wildlife corridors;, and to avoid duplication
6688of effort in terms of the level of data and analysis required
6689for a development of regional impact, while ensuring the
6690adequate mitigation of impacts to applicable regional resources
6691and facilities, including those within the jurisdiction of other
6692local governments, as would otherwise be provided. Optional
6693Sector plans are intended for substantial geographic areas that
6694include including at least 15,000 5,000 acres of one or more
6695local governmental jurisdictions and are to emphasize urban form
6696and protection of regionally significant resources and public
6697facilities. A The state land planning agency may approve
6698optional sector plans of less than 5,000 acres based on local
6699circumstances if it is determined that the plan would further
6700the purposes of this part and part I of chapter 380. Preparation
6701of an optional sector plan is authorized by agreement between
6702the state land planning agency and the applicable local
6703governments under s. 163.3171(4). An optional sector plan may be
6704adopted through one or more comprehensive plan amendments under
6705s. 163.3184. However, an optional sector plan may not be adopted
6706authorized in an area of critical state concern.
6707     (2)  Upon the request of a local government having
6708jurisdiction, The state land planning agency may enter into an
6709agreement to authorize preparation of an optional sector plan
6710upon the request of one or more local governments based on
6711consideration of problems and opportunities presented by
6712existing development trends; the effectiveness of current
6713comprehensive plan provisions; the potential to further the
6714state comprehensive plan, applicable strategic regional policy
6715plans, this part, and part I of chapter 380; and those factors
6716identified by s. 163.3177(10)(i). the applicable regional
6717planning council shall conduct a scoping meeting with affected
6718local governments and those agencies identified in s.
6719163.3184(1)(c)(4) before preparation of the sector plan
6720execution of the agreement authorized by this section. The
6721purpose of this meeting is to assist the state land planning
6722agency and the local government in the identification of the
6723relevant planning issues to be addressed and the data and
6724resources available to assist in the preparation of the sector
6725plan subsequent plan amendments. If a scoping meeting is
6726conducted, the regional planning council shall make written
6727recommendations to the state land planning agency and affected
6728local governments on the issues requested by the local
6729government. The scoping meeting shall be noticed and open to the
6730public. If the entire planning area proposed for the sector plan
6731is within the jurisdiction of two or more local governments,
6732some or all of them may enter into a joint planning agreement
6733pursuant to s. 163.3171 with respect to, including whether a
6734sustainable sector plan would be appropriate. The agreement must
6735define the geographic area to be subject to the sector plan, the
6736planning issues that will be emphasized, procedures requirements
6737for intergovernmental coordination to address
6738extrajurisdictional impacts, supporting application materials
6739including data and analysis, and procedures for public
6740participation, or other issues. An agreement may address
6741previously adopted sector plans that are consistent with the
6742standards in this section. Before executing an agreement under
6743this subsection, the local government shall hold a duly noticed
6744public workshop to review and explain to the public the optional
6745sector planning process and the terms and conditions of the
6746proposed agreement. The local government shall hold a duly
6747noticed public hearing to execute the agreement. All meetings
6748between the department and the local government must be open to
6749the public.
6750     (3)  Optional Sector planning encompasses two levels:
6751adoption pursuant to under s. 163.3184 of a conceptual long-term
6752master plan for the entire planning area as part of the
6753comprehensive plan, and adoption by local development order of
6754two or more buildout overlay to the comprehensive plan, having
6755no immediate effect on the issuance of development orders or the
6756applicability of s. 380.06, and adoption under s. 163.3184 of
6757detailed specific area plans that implement the conceptual long-
6758term master plan buildout overlay and authorize issuance of
6759development orders, and within which s. 380.06 is waived. Until
6760such time as a detailed specific area plan is adopted, the
6761underlying future land use designations apply.
6762     (a)  In addition to the other requirements of this chapter,
6763a long-term master plan pursuant to this section conceptual
6764long-term buildout overlay must include maps, illustrations, and
6765text supported by data and analysis to address the following:
6766     1.  A long-range conceptual framework map that, at a
6767minimum, generally depicts identifies anticipated areas of
6768urban, agricultural, rural, and conservation land use,
6769identifies allowed uses in various parts of the planning area,
6770specifies maximum and minimum densities and intensities of use,
6771and provides the general framework for the development pattern
6772in developed areas with graphic illustrations based on a
6773hierarchy of places and functional place-making components.
6774     2.  A general identification of the water supplies needed
6775and available sources of water, including water resource
6776development and water supply development projects, and water
6777conservation measures needed to meet the projected demand of the
6778future land uses in the long-term master plan.
6779     3.  A general identification of the transportation
6780facilities to serve the future land uses in the long-term master
6781plan, including guidelines to be used to establish each modal
6782component intended to optimize mobility.
6783     4.2.  A general identification of other regionally
6784significant public facilities consistent with chapter 9J-2,
6785Florida Administrative Code, irrespective of local governmental
6786jurisdiction necessary to support buildout of the anticipated
6787future land uses, which may include central utilities provided
6788onsite within the planning area, and policies setting forth the
6789procedures to be used to mitigate the impacts of future land
6790uses on public facilities.
6791     5.3.  A general identification of regionally significant
6792natural resources within the planning area based on the best
6793available data and policies setting forth the procedures for
6794protection or conservation of specific resources consistent with
6795the overall conservation and development strategy for the
6796planning area consistent with chapter 9J-2, Florida
6797Administrative Code.
6798     6.4.  General principles and guidelines addressing that
6799address the urban form and the interrelationships of anticipated
6800future land uses; the protection and, as appropriate,
6801restoration and management of lands identified for permanent
6802preservation through recordation of conservation easements
6803consistent with s. 704.06, which shall be phased or staged in
6804coordination with detailed specific area plans to reflect phased
6805or staged development within the planning area; and a
6806discussion, at the applicant's option, of the extent, if any, to
6807which the plan will address restoring key ecosystems, achieving
6808a more clean, healthy environment;, limiting urban sprawl;
6809providing a range of housing types;, protecting wildlife and
6810natural areas;, advancing the efficient use of land and other
6811resources;, and creating quality communities of a design that
6812promotes travel by multiple transportation modes; and enhancing
6813the prospects for the creation of jobs.
6814     7.5.  Identification of general procedures and policies to
6815facilitate ensure intergovernmental coordination to address
6816extrajurisdictional impacts from the future land uses long-range
6817conceptual framework map.
6818
6819A long-term master plan adopted pursuant to this section may be
6820based upon a planning period longer than the generally
6821applicable planning period of the local comprehensive plan,
6822shall specify the projected population within the planning area
6823during the chosen planning period, and may include a phasing or
6824staging schedule that allocates a portion of the local
6825government's future growth to the planning area through the
6826planning period. A long-term master plan adopted pursuant to
6827this section is not required to demonstrate need based upon
6828projected population growth or on any other basis.
6829     (b)  In addition to the other requirements of this chapter,
6830including those in paragraph (a), the detailed specific area
6831plans shall be consistent with the long-term master plan and
6832must include conditions and commitments that provide for:
6833     1.  Development or conservation of an area of adequate size
6834to accommodate a level of development which achieves a
6835functional relationship between a full range of land uses within
6836the area and to encompass at least 1,000 acres consistent with
6837the long-term master plan. The local government state land
6838planning agency may approve detailed specific area plans of less
6839than 1,000 acres based on local circumstances if it is
6840determined that the detailed specific area plan furthers the
6841purposes of this part and part I of chapter 380.
6842     2.  Detailed identification and analysis of the maximum and
6843minimum densities and intensities of use and the distribution,
6844extent, and location of future land uses.
6845     3.  Detailed identification of water resource development
6846and water supply development projects and related infrastructure
6847and water conservation measures to address water needs of
6848development in the detailed specific area plan.
6849     4.  Detailed identification of the transportation
6850facilities to serve the future land uses in the detailed
6851specific area plan.
6852     5.3.  Detailed identification of other regionally
6853significant public facilities, including public facilities
6854outside the jurisdiction of the host local government,
6855anticipated impacts of future land uses on those facilities, and
6856required improvements consistent with the long-term master plan
6857chapter 9J-2, Florida Administrative Code.
6858     6.4.  Public facilities necessary to serve development in
6859the detailed specific area plan for the short term, including
6860developer contributions in a financially feasible 5-year capital
6861improvement schedule of the affected local government.
6862     7.5.  Detailed analysis and identification of specific
6863measures to ensure assure the protection and, as appropriate,
6864restoration and management of lands within the boundary of the
6865detailed specific area plan identified for permanent
6866preservation through recordation of conservation easements
6867consistent with s. 704.06, which easements shall be effective
6868before or concurrent with the effective date of the detailed
6869specific area plan of regionally significant natural resources
6870and other important resources both within and outside the host
6871jurisdiction, including those regionally significant resources
6872identified in chapter 9J-2, Florida Administrative Code.
6873     8.6.  Detailed principles and guidelines addressing that
6874address the urban form and the interrelationships of anticipated
6875future land uses; and a discussion, at the applicant's option,
6876of the extent, if any, to which the plan will address restoring
6877key ecosystems, achieving a more clean, healthy environment;,
6878limiting urban sprawl; providing a range of housing types;,
6879protecting wildlife and natural areas;, advancing the efficient
6880use of land and other resources;, and creating quality
6881communities of a design that promotes travel by multiple
6882transportation modes; and enhancing the prospects for the
6883creation of jobs.
6884     9.7.  Identification of specific procedures to facilitate
6885ensure intergovernmental coordination to address
6886extrajurisdictional impacts from of the detailed specific area
6887plan.
6888
6889A detailed specific area plan adopted by local development order
6890pursuant to this section may be based upon a planning period
6891longer than the generally applicable planning period of the
6892local comprehensive plan and shall specify the projected
6893population within the specific planning area during the chosen
6894planning period. A detailed specific area plan adopted pursuant
6895to this section is not required to demonstrate need based upon
6896projected population growth or on any other basis. All lands
6897identified in the long-term master plan for permanent
6898preservation shall be subject to a recorded conservation
6899easement consistent with s. 704.06 before or concurrent with the
6900effective date of the final detailed specific area plan to be
6901approved within the planning area.
6902     (c)  In its review of a long-term master plan, the state
6903land planning agency shall consult with the Department of
6904Agriculture and Consumer Services, the Department of
6905Environmental Protection, the Fish and Wildlife Conservation
6906Commission, and the applicable water management district
6907regarding the design of areas for protection and conservation of
6908regionally significant natural resources and for the protection
6909and, as appropriate, restoration and management of lands
6910identified for permanent preservation.
6911     (d)  In its review of a long-term master plan, the state
6912land planning agency shall consult with the Department of
6913Transportation, the applicable metropolitan planning
6914organization, and any urban transit agency regarding the
6915location, capacity, design, and phasing or staging of major
6916transportation facilities in the planning area.
6917     (e)  Whenever a local government issues a development order
6918approving a detailed specific area plan, a copy of such order
6919shall be rendered to the state land planning agency and the
6920owner or developer of the property affected by such order, as
6921prescribed by rules of the state land planning agency for a
6922development order for a development of regional impact. Within
692345 days after the order is rendered, the owner, the developer,
6924or the state land planning agency may appeal the order to the
6925Florida Land and Water Adjudicatory Commission by filing a
6926petition alleging that the detailed specific area plan is not
6927consistent with the comprehensive plan or with the long-term
6928master plan adopted pursuant to this section. The appellant
6929shall furnish a copy of the petition to the opposing party, as
6930the case may be, and to the local government that issued the
6931order. The filing of the petition stays the effectiveness of the
6932order until after completion of the appeal process. However, if
6933a development order approving a detailed specific area plan has
6934been challenged by an aggrieved or adversely affected party in a
6935judicial proceeding pursuant to s. 163.3215, and a party to such
6936proceeding serves notice to the state land planning agency, the
6937state land planning agency shall dismiss its appeal to the
6938commission and shall have the right to intervene in the pending
6939judicial proceeding pursuant to s. 163.3215. Proceedings for
6940administrative review of an order approving a detailed specific
6941area plan shall be conducted consistent with s. 380.07(6). The
6942commission shall issue a decision granting or denying permission
6943to develop pursuant to the long-term master plan and the
6944standards of this part and may attach conditions or restrictions
6945to its decisions.
6946     (f)(c)  This subsection does may not be construed to
6947prevent preparation and approval of the optional sector plan and
6948detailed specific area plan concurrently or in the same
6949submission.
6950     (4)  Upon the long-term master plan becoming legally
6951effective:
6952     (a)  Any long-range transportation plan developed by a
6953metropolitan planning organization pursuant to s. 339.175(7)
6954must be consistent, to the maximum extent feasible, with the
6955long-term master plan, including, but not limited to, the
6956projected population and the approved uses and densities and
6957intensities of use and their distribution within the planning
6958area. The transportation facilities identified in adopted plans
6959pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
6960in coordination with the adopted M.P.O. long-range
6961transportation plan.
6962     (b)  The water needs, sources and water resource
6963development, and water supply development projects identified in
6964adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
6965be incorporated into the applicable district and regional water
6966supply plans adopted in accordance with ss. 373.036 and 373.709.
6967Accordingly, and notwithstanding the permit durations stated in
6968s. 373.236, an applicant may request and the applicable district
6969may issue consumptive use permits for durations commensurate
6970with the long-term master plan or detailed specific area plan,
6971considering the ability of the master plan area to contribute to
6972regional water supply availability and the need to maximize
6973reasonable-beneficial use of the water resource. The permitting
6974criteria in s. 373.223 shall be applied based upon the projected
6975population and the approved densities and intensities of use and
6976their distribution in the long-term master plan; however, the
6977allocation of the water may be phased over the permit duration
6978to correspond to actual projected needs. This paragraph does not
6979supersede the public interest test set forth in s. 373.223. The
6980host local government shall submit a monitoring report to the
6981state land planning agency and applicable regional planning
6982council on an annual basis after adoption of a detailed specific
6983area plan. The annual monitoring report must provide summarized
6984information on development orders issued, development that has
6985occurred, public facility improvements made, and public facility
6986improvements anticipated over the upcoming 5 years.
6987     (5)  When a plan amendment adopting a detailed specific
6988area plan has become effective for a portion of the planning
6989area governed by a long-term master plan adopted pursuant to
6990this section under ss. 163.3184 and 163.3189(2), the provisions
6991of s. 380.06 does do not apply to development within the
6992geographic area of the detailed specific area plan. However, any
6993development-of-regional-impact development order that is vested
6994from the detailed specific area plan may be enforced pursuant to
6995under s. 380.11.
6996     (a)  The local government adopting the detailed specific
6997area plan is primarily responsible for monitoring and enforcing
6998the detailed specific area plan. Local governments may shall not
6999issue any permits or approvals or provide any extensions of
7000services to development that are not consistent with the
7001detailed specific sector area plan.
7002     (b)  If the state land planning agency has reason to
7003believe that a violation of any detailed specific area plan, or
7004of any agreement entered into under this section, has occurred
7005or is about to occur, it may institute an administrative or
7006judicial proceeding to prevent, abate, or control the conditions
7007or activity creating the violation, using the procedures in s.
7008380.11.
7009     (c)  In instituting an administrative or judicial
7010proceeding involving a an optional sector plan or detailed
7011specific area plan, including a proceeding pursuant to paragraph
7012(b), the complaining party shall comply with the requirements of
7013s. 163.3215(4), (5), (6), and (7), except as provided by
7014paragraph (3)(e).
7015     (d)  The detailed specific area plan shall establish a
7016buildout date until which the approved development is not
7017subject to downzoning, unit density reduction, or intensity
7018reduction, unless the local government can demonstrate that
7019implementation of the plan is not continuing in good faith based
7020on standards established by plan policy, that substantial
7021changes in the conditions underlying the approval of the
7022detailed specific area plan have occurred, that the detailed
7023specific area plan was based on substantially inaccurate
7024information provided by the applicant, or that the change is
7025clearly established to be essential to the public health,
7026safety, or welfare.
7027     (6)  Concurrent with or subsequent to review and adoption
7028of a long-term master plan pursuant to paragraph (3)(a), an
7029applicant may apply for master development approval pursuant to
7030s. 380.06(21) for the entire planning area in order to establish
7031a buildout date until which the approved uses and densities and
7032intensities of use of the master plan are not subject to
7033downzoning, unit density reduction, or intensity reduction,
7034unless the local government can demonstrate that implementation
7035of the master plan is not continuing in good faith based on
7036standards established by plan policy, that substantial changes
7037in the conditions underlying the approval of the master plan
7038have occurred, that the master plan was based on substantially
7039inaccurate information provided by the applicant, or that change
7040is clearly established to be essential to the public health,
7041safety, or welfare. Review of the application for master
7042development approval shall be at a level of detail appropriate
7043for the long-term and conceptual nature of the long-term master
7044plan and, to the maximum extent possible, may only consider
7045information provided in the application for a long-term master
7046plan. Notwithstanding s. 380.06, an increment of development in
7047such an approved master development plan must be approved by a
7048detailed specific area plan pursuant to paragraph (3)(b) and is
7049exempt from review pursuant to s. 380.06.
7050     (6)  Beginning December 1, 1999, and each year thereafter,
7051the department shall provide a status report to the Legislative
7052Committee on Intergovernmental Relations regarding each optional
7053sector plan authorized under this section.
7054     (7)  A developer within an area subject to a long-term
7055master plan that meets the requirements of paragraph (3)(a) and
7056subsection (6) or a detailed specific area plan that meets the
7057requirements of paragraph (3)(b) may enter into a development
7058agreement with a local government pursuant to ss. 163.3220-
7059163.3243. The duration of such a development agreement may be
7060through the planning period of the long-term master plan or the
7061detailed specific area plan, as the case may be, notwithstanding
7062the limit on the duration of a development agreement pursuant to
7063s. 163.3229.
7064     (8)  Any owner of property within the planning area of a
7065proposed long-term master plan may withdraw his consent to the
7066master plan at any time prior to local government adoption, and
7067the local government shall exclude such parcels from the adopted
7068master plan. Thereafter, the long-term master plan, any detailed
7069specific area plan, and the exemption from development-of-
7070regional-impact review under this section do not apply to the
7071subject parcels. After adoption of a long-term master plan, an
7072owner may withdraw his or her property from the master plan only
7073with the approval of the local government by plan amendment
7074adopted and reviewed pursuant to s. 163.3184.
7075     (9)  The adoption of a long-term master plan or a detailed
7076specific area plan pursuant to this section does not limit the
7077right to continue existing agricultural or silvicultural uses or
7078other natural resource-based operations or to establish similar
7079new uses that are consistent with the plans approved pursuant to
7080this section.
7081     (10)  The state land planning agency may enter into an
7082agreement with a local government that, on or before July 1,
70832011, adopted a large-area comprehensive plan amendment
7084consisting of at least 15,000 acres that meets the requirements
7085for a long-term master plan in paragraph (3)(a), after notice
7086and public hearing by the local government, and thereafter,
7087notwithstanding s. 380.06, this part, or any planning agreement
7088or plan policy, the large-area plan shall be implemented through
7089detailed specific area plans that meet the requirements of
7090paragraph (3)(b) and shall otherwise be subject to this section.
7091     (11)  Notwithstanding this section, a detailed specific
7092area plan to implement a conceptual long-term buildout overlay,
7093adopted by a local government and found in compliance before
7094July 1, 2011, shall be governed by this section.
7095     (12)  Notwithstanding s. 380.06, this part, or any planning
7096agreement or plan policy, a landowner or developer who has
7097received approval of a master development-of-regional-impact
7098development order pursuant to s. 380.06(21) may apply to
7099implement this order by filing one or more applications to
7100approve a detailed specific area plan pursuant to paragraph
7101(3)(b).
7102     (13)(7)  This section may not be construed to abrogate the
7103rights of any person under this chapter.
7104     Section 29.  Subsections (9), (12), and (14) of section
7105163.3246, Florida Statutes, are amended to read:
7106     163.3246  Local government comprehensive planning
7107certification program.-
7108     (9)(a)  Upon certification all comprehensive plan
7109amendments associated with the area certified must be adopted
7110and reviewed in the manner described in s. ss. 163.3184(5)-
7111(11)(1), (2), (7), (14), (15), and (16) and 163.3187, such that
7112state and regional agency review is eliminated. Plan amendments
7113that qualify as small scale development amendments may follow
7114the small scale review process in s. 163.3187. The department
7115may not issue any objections, recommendations, and comments
7116report on proposed plan amendments or a notice of intent on
7117adopted plan amendments; however, affected persons, as defined
7118by s. 163.3184(1)(a), may file a petition for administrative
7119review pursuant to the requirements of s. 163.3184(5)
7120163.3187(3)(a) to challenge the compliance of an adopted plan
7121amendment.
7122     (b)  Plan amendments that change the boundaries of the
7123certification area; propose a rural land stewardship area
7124pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
7125sector plan pursuant to s. 163.3245; propose a school facilities
7126element; update a comprehensive plan based on an evaluation and
7127appraisal review report; impact lands outside the certification
7128boundary; implement new statutory requirements that require
7129specific comprehensive plan amendments; or increase hurricane
7130evacuation times or the need for shelter capacity on lands
7131within the coastal high-hazard area shall be reviewed pursuant
7132to s. ss. 163.3184 and 163.3187.
7133     (12)  A local government's certification shall be reviewed
7134by the local government and the department as part of the
7135evaluation and appraisal process pursuant to s. 163.3191. Within
71361 year after the deadline for the local government to update its
7137comprehensive plan based on the evaluation and appraisal report,
7138the department shall renew or revoke the certification. The
7139local government's failure to adopt a timely evaluation and
7140appraisal report, failure to adopt an evaluation and appraisal
7141report found to be sufficient, or failure to timely adopt
7142necessary amendments to update its comprehensive plan based on
7143an evaluation and appraisal, which are report found to be in
7144compliance by the department, shall be cause for revoking the
7145certification agreement. The department's decision to renew or
7146revoke shall be considered agency action subject to challenge
7147under s. 120.569.
7148     (14)  The Office of Program Policy Analysis and Government
7149Accountability shall prepare a report evaluating the
7150certification program, which shall be submitted to the Governor,
7151the President of the Senate, and the Speaker of the House of
7152Representatives by December 1, 2007.
7153     Section 30.  Section 163.32465, Florida Statutes, is
7154repealed.
7155     Section 31.  Subsection (6) is added to section 163.3247,
7156Florida Statutes, to read:
7157     163.3247  Century Commission for a Sustainable Florida.-
7158     (6)  EXPIRATION.-This section is repealed and the
7159commission is abolished June 30, 2013.
7160     Section 32.  Section 163.3248, Florida Statutes, is created
7161to read:
7162     163.3248  Rural land stewardship areas.-
7163     (1)  Rural land stewardship areas are designed to establish
7164a long-term incentive based strategy to balance and guide the
7165allocation of land so as to accommodate future land uses in a
7166manner that protects the natural environment, stimulate economic
7167growth and diversification, and encourage the retention of land
7168for agriculture and other traditional rural land uses.
7169     (2)  Upon written request by one or more landowners of the
7170subject lands to designate lands as a rural land stewardship
7171area, or pursuant to a private-sector-initiated comprehensive
7172plan amendment filed by, or with the consent of the owners of
7173the subject lands, local governments may adopt a future land use
7174overlay to designate all or portions of lands classified in the
7175future land use element as predominantly agricultural, rural,
7176open, open-rural, or a substantively equivalent land use, as a
7177rural land stewardship area within which planning and economic
7178incentives are applied to encourage the implementation of
7179innovative and flexible planning and development strategies and
7180creative land use planning techniques to support a diverse
7181economic and employment base. The future land use overlay may
7182not require a demonstration of need based on population
7183projections or any other factors.
7184     (3)  Rural land stewardship areas may be used to further
7185the following broad principles of rural sustainability:
7186restoration and maintenance of the economic value of rural land;
7187control of urban sprawl; identification and protection of
7188ecosystems, habitats, and natural resources; promotion and
7189diversification of economic activity and employment
7190opportunities within the rural areas; maintenance of the
7191viability of the state's agricultural economy; and protection of
7192private property rights in rural areas of the state. Rural land
7193stewardship areas may be multicounty in order to encourage
7194coordinated regional stewardship planning.
7195     (4)  A local government or one or more property owners may
7196request assistance and participation in the development of a
7197plan for the rural land stewardship area from the state land
7198planning agency, the Department of Agriculture and Consumer
7199Services, the Fish and Wildlife Conservation Commission, the
7200Department of Environmental Protection, the appropriate water
7201management district, the Department of Transportation, the
7202regional planning council, private land owners, and
7203stakeholders.
7204     (5)  A rural land stewardship area shall be not less than
720510,000 acres, shall be located outside of municipalities and
7206established urban service areas, and shall be designated by plan
7207amendment by each local government with jurisdiction over the
7208rural land stewardship area. The plan amendment or amendments
7209designating a rural land stewardship area are subject to review
7210pursuant to s. 163.3184 and shall provide for the following:
7211     (a)  Criteria for the designation of receiving areas which
7212shall, at a minimum, provide for the following: adequacy of
7213suitable land to accommodate development so as to avoid conflict
7214with significant environmentally sensitive areas, resources, and
7215habitats; compatibility between and transition from higher
7216density uses to lower intensity rural uses; and the
7217establishment of receiving area service boundaries that provide
7218for a transition from receiving areas and other land uses within
7219the rural land stewardship area through limitations on the
7220extension of services.
7221     (b)  Innovative planning and development strategies to be
7222applied within rural land stewardship areas pursuant to this
7223section.
7224     (c)  A process for the implementation of innovative
7225planning and development strategies within the rural land
7226stewardship area, including those described in this subsection,
7227which provide for a functional mix of land uses through the
7228adoption by the local government of zoning and land development
7229regulations applicable to the rural land stewardship area.
7230     (d)  A mix of densities and intensities that would not be
7231characterized as urban sprawl through the use of innovative
7232strategies and creative land use techniques.
7233     (6)  A receiving area may be designated only pursuant to
7234procedures established in the local government's land
7235development regulations. If receiving area designation requires
7236the approval of the county board of county commissioners, such
7237approval shall be by resolution with a simple majority vote.
7238Before the commencement of development within a stewardship
7239receiving area, a listed species survey must be performed for
7240the area proposed for development. If listed species occur on
7241the receiving area development site, the applicant must
7242coordinate with each appropriate local, state, or federal agency
7243to determine if adequate provisions have been made to protect
7244those species in accordance with applicable regulations. In
7245determining the adequacy of provisions for the protection of
7246listed species and their habitats, the rural land stewardship
7247area shall be considered as a whole, and the potential impacts
7248and protective measures taken within areas to be developed as
7249receiving areas shall be considered in conjunction with and
7250compensated by lands set aside and protective measures taken
7251within the designated sending areas.
7252     (7)  Upon the adoption of a plan amendment creating a rural
7253land stewardship area, the local government shall, by ordinance,
7254establish a rural land stewardship overlay zoning district,
7255which shall provide the methodology for the creation,
7256conveyance, and use of transferable rural land use credits,
7257hereinafter referred to as stewardship credits, the assignment
7258and application of which does not constitute a right to develop
7259land or increase the density of land, except as provided by this
7260section. The total amount of stewardship credits within the
7261rural land stewardship area must enable the realization of the
7262long-term vision and goals for the rural land stewardship area,
7263which may take into consideration the anticipated effect of the
7264proposed receiving areas. The estimated amount of receiving area
7265shall be projected based on available data, and the development
7266potential represented by the stewardship credits created within
7267the rural land stewardship area must correlate to that amount.
7268     (8)  Stewardship credits are subject to the following
7269limitations:
7270     (a)  Stewardship credits may exist only within a rural land
7271stewardship area.
7272     (b)  Stewardship credits may be created only from lands
7273designated as stewardship sending areas and may be used only on
7274lands designated as stewardship receiving areas and then solely
7275for the purpose of implementing innovative planning and
7276development strategies and creative land use planning techniques
7277adopted by the local government pursuant to this section.
7278     (c)  Stewardship credits assigned to a parcel of land
7279within a rural land stewardship area shall cease to exist if the
7280parcel of land is removed from the rural land stewardship area
7281by plan amendment.
7282     (d)  Neither the creation of the rural land stewardship
7283area by plan amendment nor the adoption of the rural land
7284stewardship zoning overlay district by the local government may
7285displace the underlying permitted uses or the density or
7286intensity of land uses assigned to a parcel of land within the
7287rural land stewardship area that existed before adoption of the
7288plan amendment or zoning overlay district; however, once
7289stewardship credits have been transferred from a designated
7290sending area for use within a designated receiving area, the
7291underlying density assigned to the designated sending area
7292ceases to exist.
7293     (e)  The underlying permitted uses, density, or intensity
7294on each parcel of land located within a rural land stewardship
7295area may not be increased or decreased by the local government,
7296except as a result of the conveyance or stewardship credits, as
7297long as the parcel remains within the rural land stewardship
7298area.
7299     (f)  Stewardship credits shall cease to exist on a parcel
7300of land where the underlying density assigned to the parcel of
7301land is used.
7302     (g)  An increase in the density or intensity of use on a
7303parcel of land located within a designated receiving area may
7304occur only through the assignment or use of stewardship credits
7305and do not require a plan amendment. A change in the type of
7306agricultural use on property within a rural land stewardship
7307area is not considered a change in use or intensity of use and
7308does not require any transfer of stewardship credits.
7309     (h)  A change in the density or intensity of land use on
7310parcels located within receiving areas shall be specified in a
7311development order that reflects the total number of stewardship
7312credits assigned to the parcel of land and the infrastructure
7313and support services necessary to provide for a functional mix
7314of land uses corresponding to the plan of development.
7315     (i)  Land within a rural land stewardship area may be
7316removed from the rural land stewardship area through a plan
7317amendment.
7318     (j)  Stewardship credits may be assigned at different
7319ratios of credits per acre according to the natural resource or
7320other beneficial use characteristics of the land and according
7321to the land use remaining after the transfer of credits, with
7322the highest number of credits per acre assigned to the most
7323environmentally valuable land or, in locations where the
7324retention of open space and agricultural land is a priority, to
7325such lands.
7326     (k)  Stewardship credits may be transferred from a sending
7327area only after a stewardship easement is placed on the sending
7328area land with assigned stewardship credits. A stewardship
7329easement is a covenant or restrictive easement running with the
7330land which specifies the allowable uses and development
7331restrictions for the portion of a sending area from which
7332stewardship credits have been transferred. The stewardship
7333easement must be jointly held by the county and the Department
7334of Environmental Protection, the Department of Agriculture and
7335Consumer Services, a water management district, or a recognized
7336statewide land trust.
7337     (9)  Owners of land within rural land stewardship sending
7338areas should be provided other incentives, in addition to the
7339use or conveyance of stewardship credits, to enter into rural
7340land stewardship agreements, pursuant to existing law and rules
7341adopted thereto, with state agencies, water management
7342districts, the Fish and Wildlife Conservation Commission, and
7343local governments to achieve mutually agreed upon objectives.
7344Such incentives may include, but are not limited to, the
7345following:
7346     (a)  Opportunity to accumulate transferable wetland and
7347species habitat mitigation credits for use or sale.
7348     (b)  Extended permit agreements.
7349     (c)  Opportunities for recreational leases and ecotourism.
7350     (d)  Compensation for the achievement of specified land
7351management activities of public benefit, including, but not
7352limited to, facility siting and corridors, recreational leases,
7353water conservation and storage, water reuse, wastewater
7354recycling, water supply and water resource development, nutrient
7355reduction, environmental restoration and mitigation, public
7356recreation, listed species protection and recovery, and wildlife
7357corridor management and enhancement.
7358     (e)  Option agreements for sale to public entities or
7359private land conservation entities, in either fee or easement,
7360upon achievement of specified conservation objectives.
7361     (10)  This section constitutes an overlay of land use
7362options that provide economic and regulatory incentives for
7363landowners outside of established and planned urban service
7364areas to conserve and manage vast areas of land for the benefit
7365of the state's citizens and natural environment while
7366maintaining and enhancing the asset value of their landholdings.
7367It is the intent of the Legislature that this section be
7368implemented pursuant to law and rulemaking is not authorized.
7369     (11)  It is the intent of the Legislature that the rural
7370land stewardship area located in Collier County, which was
7371established pursuant to the requirements of a final order by the
7372Governor and Cabinet, duly adopted as a growth management plan
7373amendment by Collier County, and found in compliance with this
7374chapter, be recognized as a statutory rural land stewardship
7375area and be afforded the incentives in this section.
7376     Section 33.  Paragraph (a) of subsection (2) of section
7377163.360, Florida Statutes, is amended to read:
7378     163.360  Community redevelopment plans.-
7379     (2)  The community redevelopment plan shall:
7380     (a)  Conform to the comprehensive plan for the county or
7381municipality as prepared by the local planning agency under the
7382Community Local Government Comprehensive Planning and Land
7383Development Regulation Act.
7384     Section 34.  Paragraph (a) of subsection (3) and subsection
7385(8) of section 163.516, Florida Statutes, are amended to read:
7386     163.516  Safe neighborhood improvement plans.-
7387     (3)  The safe neighborhood improvement plan shall:
7388     (a)  Be consistent with the adopted comprehensive plan for
7389the county or municipality pursuant to the Community Local
7390Government Comprehensive Planning and Land Development
7391Regulation Act. No district plan shall be implemented unless the
7392local governing body has determined said plan is consistent.
7393     (8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7394the governing body of a municipality or county shall hold two
7395public hearings to consider the board-adopted safe neighborhood
7396improvement plan as an amendment or modification to the
7397municipality's or county's adopted local comprehensive plan.
7398     Section 35.  Paragraph (f) of subsection (6), subsection
7399(9), and paragraph (c) of subsection (11) of section 171.203,
7400Florida Statutes, are amended to read:
7401     171.203  Interlocal service boundary agreement.-The
7402governing body of a county and one or more municipalities or
7403independent special districts within the county may enter into
7404an interlocal service boundary agreement under this part. The
7405governing bodies of a county, a municipality, or an independent
7406special district may develop a process for reaching an
7407interlocal service boundary agreement which provides for public
7408participation in a manner that meets or exceeds the requirements
7409of subsection (13), or the governing bodies may use the process
7410established in this section.
7411     (6)  An interlocal service boundary agreement may address
7412any issue concerning service delivery, fiscal responsibilities,
7413or boundary adjustment. The agreement may include, but need not
7414be limited to, provisions that:
7415     (f)  Establish a process for land use decisions consistent
7416with part II of chapter 163, including those made jointly by the
7417governing bodies of the county and the municipality, or allow a
7418municipality to adopt land use changes consistent with part II
7419of chapter 163 for areas that are scheduled to be annexed within
7420the term of the interlocal agreement; however, the county
7421comprehensive plan and land development regulations shall
7422control until the municipality annexes the property and amends
7423its comprehensive plan accordingly. Comprehensive plan
7424amendments to incorporate the process established by this
7425paragraph are exempt from the twice-per-year limitation under s.
7426163.3187.
7427     (9)  Each local government that is a party to the
7428interlocal service boundary agreement shall amend the
7429intergovernmental coordination element of its comprehensive
7430plan, as described in s. 163.3177(6)(h)1., no later than 6
7431months following entry of the interlocal service boundary
7432agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7433required by this subsection are exempt from the twice-per-year
7434limitation under s. 163.3187.
7435     (11)
7436     (c)  Any amendment required by paragraph (a) is exempt from
7437the twice-per-year limitation under s. 163.3187.
7438     Section 36.  Section 186.513, Florida Statutes, is amended
7439to read:
7440     186.513  Reports.-Each regional planning council shall
7441prepare and furnish an annual report on its activities to the
7442state land planning agency as defined in s. 163.3164(20) and the
7443local general-purpose governments within its boundaries and,
7444upon payment as may be established by the council, to any
7445interested person. The regional planning councils shall make a
7446joint report and recommendations to appropriate legislative
7447committees.
7448     Section 37.  Section 186.515, Florida Statutes, is amended
7449to read:
7450     186.515  Creation of regional planning councils under
7451chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7452186.515 is intended to repeal or limit the provisions of chapter
7453163; however, the local general-purpose governments serving as
7454voting members of the governing body of a regional planning
7455council created pursuant to ss. 186.501-186.507, 186.513, and
7456186.515 are not authorized to create a regional planning council
7457pursuant to chapter 163 unless an agency, other than a regional
7458planning council created pursuant to ss. 186.501-186.507,
7459186.513, and 186.515, is designated to exercise the powers and
7460duties in any one or more of ss. 163.3164(19) and 380.031(15);
7461in which case, such a regional planning council is also without
7462authority to exercise the powers and duties in s. 163.3164(19)
7463or s. 380.031(15).
7464     Section 38.  Subsection (1) of section 189.415, Florida
7465Statutes, is amended to read:
7466     189.415  Special district public facilities report.-
7467     (1)  It is declared to be the policy of this state to
7468foster coordination between special districts and local general-
7469purpose governments as those local general-purpose governments
7470develop comprehensive plans under the Community Local Government
7471Comprehensive Planning and Land Development Regulation Act,
7472pursuant to part II of chapter 163.
7473     Section 39.  Subsection (3) of section 190.004, Florida
7474Statutes, is amended to read:
7475     190.004  Preemption; sole authority.-
7476     (3)  The establishment of an independent community
7477development district as provided in this act is not a
7478development order within the meaning of chapter 380. All
7479governmental planning, environmental, and land development laws,
7480regulations, and ordinances apply to all development of the land
7481within a community development district. Community development
7482districts do not have the power of a local government to adopt a
7483comprehensive plan, building code, or land development code, as
7484those terms are defined in the Community Local Government
7485Comprehensive Planning and Land Development Regulation Act. A
7486district shall take no action which is inconsistent with
7487applicable comprehensive plans, ordinances, or regulations of
7488the applicable local general-purpose government.
7489     Section 40.  Paragraph (a) of subsection (1) of section
7490190.005, Florida Statutes, is amended to read:
7491     190.005  Establishment of district.-
7492     (1)  The exclusive and uniform method for the establishment
7493of a community development district with a size of 1,000 acres
7494or more shall be pursuant to a rule, adopted under chapter 120
7495by the Florida Land and Water Adjudicatory Commission, granting
7496a petition for the establishment of a community development
7497district.
7498     (a)  A petition for the establishment of a community
7499development district shall be filed by the petitioner with the
7500Florida Land and Water Adjudicatory Commission. The petition
7501shall contain:
7502     1.  A metes and bounds description of the external
7503boundaries of the district. Any real property within the
7504external boundaries of the district which is to be excluded from
7505the district shall be specifically described, and the last known
7506address of all owners of such real property shall be listed. The
7507petition shall also address the impact of the proposed district
7508on any real property within the external boundaries of the
7509district which is to be excluded from the district.
7510     2.  The written consent to the establishment of the
7511district by all landowners whose real property is to be included
7512in the district or documentation demonstrating that the
7513petitioner has control by deed, trust agreement, contract, or
7514option of 100 percent of the real property to be included in the
7515district, and when real property to be included in the district
7516is owned by a governmental entity and subject to a ground lease
7517as described in s. 190.003(14), the written consent by such
7518governmental entity.
7519     3.  A designation of five persons to be the initial members
7520of the board of supervisors, who shall serve in that office
7521until replaced by elected members as provided in s. 190.006.
7522     4.  The proposed name of the district.
7523     5.  A map of the proposed district showing current major
7524trunk water mains and sewer interceptors and outfalls if in
7525existence.
7526     6.  Based upon available data, the proposed timetable for
7527construction of the district services and the estimated cost of
7528constructing the proposed services. These estimates shall be
7529submitted in good faith but are shall not be binding and may be
7530subject to change.
7531     7.  A designation of the future general distribution,
7532location, and extent of public and private uses of land proposed
7533for the area within the district by the future land use plan
7534element of the effective local government comprehensive plan of
7535which all mandatory elements have been adopted by the applicable
7536general-purpose local government in compliance with the
7537Community Local Government Comprehensive Planning and Land
7538Development Regulation Act.
7539     8.  A statement of estimated regulatory costs in accordance
7540with the requirements of s. 120.541.
7541     Section 41.  Paragraph (i) of subsection (6) of section
7542193.501, Florida Statutes, is amended to read:
7543     193.501  Assessment of lands subject to a conservation
7544easement, environmentally endangered lands, or lands used for
7545outdoor recreational or park purposes when land development
7546rights have been conveyed or conservation restrictions have been
7547covenanted.-
7548     (6)  The following terms whenever used as referred to in
7549this section have the following meanings unless a different
7550meaning is clearly indicated by the context:
7551     (i)  "Qualified as environmentally endangered" means land
7552that has unique ecological characteristics, rare or limited
7553combinations of geological formations, or features of a rare or
7554limited nature constituting habitat suitable for fish, plants,
7555or wildlife, and which, if subject to a development moratorium
7556or one or more conservation easements or development
7557restrictions appropriate to retaining such land or water areas
7558predominantly in their natural state, would be consistent with
7559the conservation, recreation and open space, and, if applicable,
7560coastal protection elements of the comprehensive plan adopted by
7561formal action of the local governing body pursuant to s.
7562163.3161, the Community Local Government Comprehensive Planning
7563and Land Development Regulation Act; or surface waters and
7564wetlands, as determined by the methodology ratified in s.
7565373.4211.
7566     Section 42.  Subsection (15) of section 287.042, Florida
7567Statutes, is amended to read:
7568     287.042  Powers, duties, and functions.-The department
7569shall have the following powers, duties, and functions:
7570     (15)  To enter into joint agreements with governmental
7571agencies, as defined in s. 163.3164(10), for the purpose of
7572pooling funds for the purchase of commodities or information
7573technology that can be used by multiple agencies.
7574     (a)  Each agency that has been appropriated or has existing
7575funds for such purchase, shall, upon contract award by the
7576department, transfer their portion of the funds into the
7577department's Operating Trust Fund for payment by the department.
7578The funds shall be transferred by the Executive Office of the
7579Governor pursuant to the agency budget amendment request
7580provisions in chapter 216.
7581     (b)  Agencies that sign the joint agreements are
7582financially obligated for their portion of the agreed-upon
7583funds. If an agency becomes more than 90 days delinquent in
7584paying the funds, the department shall certify to the Chief
7585Financial Officer the amount due, and the Chief Financial
7586Officer shall transfer the amount due to the Operating Trust
7587Fund of the department from any of the agency's available funds.
7588The Chief Financial Officer shall report these transfers and the
7589reasons for the transfers to the Executive Office of the
7590Governor and the legislative appropriations committees.
7591     Section 43.  Subsection (4) of section 288.063, Florida
7592Statutes, is amended to read:
7593     288.063  Contracts for transportation projects.-
7594     (4)  The Office of Tourism, Trade, and Economic Development
7595may adopt criteria by which transportation projects are to be
7596reviewed and certified in accordance with s. 288.061. In
7597approving transportation projects for funding, the Office of
7598Tourism, Trade, and Economic Development shall consider factors
7599including, but not limited to, the cost per job created or
7600retained considering the amount of transportation funds
7601requested; the average hourly rate of wages for jobs created;
7602the reliance on the program as an inducement for the project's
7603location decision; the amount of capital investment to be made
7604by the business; the demonstrated local commitment; the location
7605of the project in an enterprise zone designated pursuant to s.
7606290.0055; the location of the project in a spaceport territory
7607as defined in s. 331.304; the unemployment rate of the
7608surrounding area; and the poverty rate of the community; and the
7609adoption of an economic element as part of its local
7610comprehensive plan in accordance with s. 163.3177(7)(j). The
7611Office of Tourism, Trade, and Economic Development may contact
7612any agency it deems appropriate for additional input regarding
7613the approval of projects.
7614     Section 44.  Paragraph (a) of subsection (2), subsection
7615(10), and paragraph (d) of subsection (12) of section 288.975,
7616Florida Statutes, are amended to read:
7617     288.975  Military base reuse plans.-
7618     (2)  As used in this section, the term:
7619     (a)  "Affected local government" means a local government
7620adjoining the host local government and any other unit of local
7621government that is not a host local government but that is
7622identified in a proposed military base reuse plan as providing,
7623operating, or maintaining one or more public facilities as
7624defined in s. 163.3164(24) on lands within or serving a military
7625base designated for closure by the Federal Government.
7626     (10)  Within 60 days after receipt of a proposed military
7627base reuse plan, these entities shall review and provide
7628comments to the host local government. The commencement of this
7629review period shall be advertised in newspapers of general
7630circulation within the host local government and any affected
7631local government to allow for public comment. No later than 180
7632days after receipt and consideration of all comments, and the
7633holding of at least two public hearings, the host local
7634government shall adopt the military base reuse plan. The host
7635local government shall comply with the notice requirements set
7636forth in s. 163.3184(11)(15) to ensure full public participation
7637in this planning process.
7638     (12)  Following receipt of a petition, the petitioning
7639party or parties and the host local government shall seek
7640resolution of the issues in dispute. The issues in dispute shall
7641be resolved as follows:
7642     (d)  Within 45 days after receiving the report from the
7643state land planning agency, the Administration Commission shall
7644take action to resolve the issues in dispute. In deciding upon a
7645proper resolution, the Administration Commission shall consider
7646the nature of the issues in dispute, any requests for a formal
7647administrative hearing pursuant to chapter 120, the compliance
7648of the parties with this section, the extent of the conflict
7649between the parties, the comparative hardships and the public
7650interest involved. If the Administration Commission incorporates
7651in its final order a term or condition that requires any local
7652government to amend its local government comprehensive plan, the
7653local government shall amend its plan within 60 days after the
7654issuance of the order. Such amendment or amendments shall be
7655exempt from the limitation of the frequency of plan amendments
7656contained in s. 163.3187(1), and A public hearing on such
7657amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
7658shall not be required. The final order of the Administration
7659Commission is subject to appeal pursuant to s. 120.68. If the
7660order of the Administration Commission is appealed, the time for
7661the local government to amend its plan shall be tolled during
7662the pendency of any local, state, or federal administrative or
7663judicial proceeding relating to the military base reuse plan.
7664     Section 45.  Subsection (4) of section 290.0475, Florida
7665Statutes, is amended to read:
7666     290.0475  Rejection of grant applications; penalties for
7667failure to meet application conditions.-Applications received
7668for funding under all program categories shall be rejected
7669without scoring only in the event that any of the following
7670circumstances arise:
7671     (4)  The application is not consistent with the local
7672government's comprehensive plan adopted pursuant to s.
7673163.3184(7).
7674     Section 46.  Paragraph (c) of subsection (3) of section
7675311.07, Florida Statutes, is amended to read:
7676     311.07  Florida seaport transportation and economic
7677development funding.-
7678     (3)
7679     (c)  To be eligible for consideration by the council
7680pursuant to this section, a project must be consistent with the
7681port comprehensive master plan which is incorporated as part of
7682the approved local government comprehensive plan as required by
7683s. 163.3178(2)(k) or other provisions of the Community Local
7684Government Comprehensive Planning and Land Development
7685Regulation Act, part II of chapter 163.
7686     Section 47.  Subsection (1) of section 331.319, Florida
7687Statutes, is amended to read:
7688     331.319  Comprehensive planning; building and safety
7689codes.-The board of directors may:
7690     (1)  Adopt, and from time to time review, amend,
7691supplement, or repeal, a comprehensive general plan for the
7692physical development of the area within the spaceport territory
7693in accordance with the objectives and purposes of this act and
7694consistent with the comprehensive plans of the applicable county
7695or counties and municipality or municipalities adopted pursuant
7696to the Community Local Government Comprehensive Planning and
7697Land Development Regulation Act, part II of chapter 163.
7698     Section 48.  Paragraph (e) of subsection (5) of section
7699339.155, Florida Statutes, is amended to read:
7700     339.155  Transportation planning.-
7701     (5)  ADDITIONAL TRANSPORTATION PLANS.-
7702     (e)  The regional transportation plan developed pursuant to
7703this section must, at a minimum, identify regionally significant
7704transportation facilities located within a regional
7705transportation area and contain a prioritized list of regionally
7706significant projects. The level-of-service standards for
7707facilities to be funded under this subsection shall be adopted
7708by the appropriate local government in accordance with s.
7709163.3180(10). The projects shall be adopted into the capital
7710improvements schedule of the local government comprehensive plan
7711pursuant to s. 163.3177(3).
7712     Section 49.  Paragraph (a) of subsection (4) of section
7713339.2819, Florida Statutes, is amended to read:
7714     339.2819  Transportation Regional Incentive Program.-
7715     (4)(a)  Projects to be funded with Transportation Regional
7716Incentive Program funds shall, at a minimum:
7717     1.  Support those transportation facilities that serve
7718national, statewide, or regional functions and function as an
7719integrated regional transportation system.
7720     2.  Be identified in the capital improvements element of a
7721comprehensive plan that has been determined to be in compliance
7722with part II of chapter 163, after July 1, 2005, or to implement
7723a long-term concurrency management system adopted by a local
7724government in accordance with s. 163.3180(9). Further, the
7725project shall be in compliance with local government
7726comprehensive plan policies relative to corridor management.
7727     3.  Be consistent with the Strategic Intermodal System Plan
7728developed under s. 339.64.
7729     4.  Have a commitment for local, regional, or private
7730financial matching funds as a percentage of the overall project
7731cost.
7732     Section 50.  Subsection (5) of section 369.303, Florida
7733Statutes, is amended to read:
7734     369.303  Definitions.-As used in this part:
7735     (5)  "Land development regulation" means a regulation
7736covered by the definition in s. 163.3164(23) and any of the
7737types of regulations described in s. 163.3202.
7738     Section 51.  Subsections (5) and (7) of section 369.321,
7739Florida Statutes, are amended to read:
7740     369.321  Comprehensive plan amendments.-Except as otherwise
7741expressly provided, by January 1, 2006, each local government
7742within the Wekiva Study Area shall amend its local government
7743comprehensive plan to include the following:
7744     (5)  Comprehensive plans and comprehensive plan amendments
7745adopted by the local governments to implement this section shall
7746be reviewed by the Department of Community Affairs pursuant to
7747s. 163.3184, and shall be exempt from the provisions of s.
7748163.3187(1).
7749     (7)  During the period prior to the adoption of the
7750comprehensive plan amendments required by this act, any local
7751comprehensive plan amendment adopted by a city or county that
7752applies to land located within the Wekiva Study Area shall
7753protect surface and groundwater resources and be reviewed by the
7754Department of Community Affairs, pursuant to chapter 163 and
7755chapter 9J-5, Florida Administrative Code, using best available
7756data, including the information presented to the Wekiva River
7757Basin Coordinating Committee.
7758     Section 52.  Subsection (1) of section 378.021, Florida
7759Statutes, is amended to read:
7760     378.021  Master reclamation plan.-
7761     (1)  The Department of Environmental Protection shall amend
7762the master reclamation plan that provides guidelines for the
7763reclamation of lands mined or disturbed by the severance of
7764phosphate rock prior to July 1, 1975, which lands are not
7765subject to mandatory reclamation under part II of chapter 211.
7766In amending the master reclamation plan, the Department of
7767Environmental Protection shall continue to conduct an onsite
7768evaluation of all lands mined or disturbed by the severance of
7769phosphate rock prior to July 1, 1975, which lands are not
7770subject to mandatory reclamation under part II of chapter 211.
7771The master reclamation plan when amended by the Department of
7772Environmental Protection shall be consistent with local
7773government plans prepared pursuant to the Community Local
7774Government Comprehensive Planning and Land Development
7775Regulation Act.
7776     Section 53.  Subsection (10) of section 380.031, Florida
7777Statutes, is amended to read:
7778     380.031  Definitions.-As used in this chapter:
7779     (10)  "Local comprehensive plan" means any or all local
7780comprehensive plans or elements or portions thereof prepared,
7781adopted, or amended pursuant to the Community Local Government
7782Comprehensive Planning and Land Development Regulation Act, as
7783amended.
7784     Section 54.  Paragraph (d) of subsection (2), paragraph (b)
7785of subsection (6), paragraph (g) of subsection (15), paragraphs
7786(b), (c), (e), and (f) of subsection (19), subsection (24),
7787paragraph (e) of subsection (28), and paragraphs (a), (d), and
7788(e) of subsection (29) of section 380.06, Florida Statutes, are
7789amended to read:
7790     (2)  STATEWIDE GUIDELINES AND STANDARDS.-
7791     (d)  The guidelines and standards shall be applied as
7792follows:
7793     1.  Fixed thresholds.-
7794     a.  A development that is below 100 percent of all
7795numerical thresholds in the guidelines and standards shall not
7796be required to undergo development-of-regional-impact review.
7797     b.  A development that is at or above 120 percent of any
7798numerical threshold shall be required to undergo development-of-
7799regional-impact review.
7800     c.  Projects certified under s. 403.973 which create at
7801least 100 jobs and meet the criteria of the Office of Tourism,
7802Trade, and Economic Development as to their impact on an area's
7803economy, employment, and prevailing wage and skill levels that
7804are at or below 100 percent of the numerical thresholds for
7805industrial plants, industrial parks, distribution, warehousing
7806or wholesaling facilities, office development or multiuse
7807projects other than residential, as described in s.
7808380.0651(3)(c), (d), and (f)(h), are not required to undergo
7809development-of-regional-impact review.
7810     2.  Rebuttable presumption.-It shall be presumed that a
7811development that is at 100 percent or between 100 and 120
7812percent of a numerical threshold shall be required to undergo
7813development-of-regional-impact review.
7814     (6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7815PLAN AMENDMENTS.-
7816     (b)  Any local government comprehensive plan amendments
7817related to a proposed development of regional impact, including
7818any changes proposed under subsection (19), may be initiated by
7819a local planning agency or the developer and must be considered
7820by the local governing body at the same time as the application
7821for development approval using the procedures provided for local
7822plan amendment in s. 163.3187 or s. 163.3189 and applicable
7823local ordinances, without regard to statutory or local ordinance
7824limits on the frequency of consideration of amendments to the
7825local comprehensive plan. Nothing in This paragraph does not
7826shall be deemed to require favorable consideration of a plan
7827amendment solely because it is related to a development of
7828regional impact. The procedure for processing such comprehensive
7829plan amendments is as follows:
7830     1.  If a developer seeks a comprehensive plan amendment
7831related to a development of regional impact, the developer must
7832so notify in writing the regional planning agency, the
7833applicable local government, and the state land planning agency
7834no later than the date of preapplication conference or the
7835submission of the proposed change under subsection (19).
7836     2.  When filing the application for development approval or
7837the proposed change, the developer must include a written
7838request for comprehensive plan amendments that would be
7839necessitated by the development-of-regional-impact approvals
7840sought. That request must include data and analysis upon which
7841the applicable local government can determine whether to
7842transmit the comprehensive plan amendment pursuant to s.
7843163.3184.
7844     3.  The local government must advertise a public hearing on
7845the transmittal within 30 days after filing the application for
7846development approval or the proposed change and must make a
7847determination on the transmittal within 60 days after the
7848initial filing unless that time is extended by the developer.
7849     4.  If the local government approves the transmittal,
7850procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7851followed.
7852     5.  Notwithstanding subsection (11) or subsection (19), the
7853local government may not hold a public hearing on the
7854application for development approval or the proposed change or
7855on the comprehensive plan amendments sooner than 30 days from
7856receipt of the response from the state land planning agency
7857pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7858local governments to adopt, adopt with changes, or not adopt
7859plan amendments pursuant to s. 163.3184(7) shall not apply to
7860concurrent plan amendments provided for in this subsection.
7861     6.  The local government must hear both the application for
7862development approval or the proposed change and the
7863comprehensive plan amendments at the same hearing. However, the
7864local government must take action separately on the application
7865for development approval or the proposed change and on the
7866comprehensive plan amendments.
7867     7.  Thereafter, the appeal process for the local government
7868development order must follow the provisions of s. 380.07, and
7869the compliance process for the comprehensive plan amendments
7870must follow the provisions of s. 163.3184.
7871     (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-
7872     (g)  A local government shall not issue permits for
7873development subsequent to the buildout date contained in the
7874development order unless:
7875     1.  The proposed development has been evaluated
7876cumulatively with existing development under the substantial
7877deviation provisions of subsection (19) subsequent to the
7878termination or expiration date;
7879     2.  The proposed development is consistent with an
7880abandonment of development order that has been issued in
7881accordance with the provisions of subsection (26);
7882     3.  The development of regional impact is essentially built
7883out, in that all the mitigation requirements in the development
7884order have been satisfied, all developers are in compliance with
7885all applicable terms and conditions of the development order
7886except the buildout date, and the amount of proposed development
7887that remains to be built is less than 40 20 percent of any
7888applicable development-of-regional-impact threshold; or
7889     4.  The project has been determined to be an essentially
7890built-out development of regional impact through an agreement
7891executed by the developer, the state land planning agency, and
7892the local government, in accordance with s. 380.032, which will
7893establish the terms and conditions under which the development
7894may be continued. If the project is determined to be essentially
7895built out, development may proceed pursuant to the s. 380.032
7896agreement after the termination or expiration date contained in
7897the development order without further development-of-regional-
7898impact review subject to the local government comprehensive plan
7899and land development regulations or subject to a modified
7900development-of-regional-impact analysis. As used in this
7901paragraph, an "essentially built-out" development of regional
7902impact means:
7903     a.  The developers are in compliance with all applicable
7904terms and conditions of the development order except the
7905buildout date; and
7906     b.(I)  The amount of development that remains to be built
7907is less than the substantial deviation threshold specified in
7908paragraph (19)(b) for each individual land use category, or, for
7909a multiuse development, the sum total of all unbuilt land uses
7910as a percentage of the applicable substantial deviation
7911threshold is equal to or less than 100 percent; or
7912     (II)  The state land planning agency and the local
7913government have agreed in writing that the amount of development
7914to be built does not create the likelihood of any additional
7915regional impact not previously reviewed.
7916
7917The single-family residential portions of a development may be
7918considered "essentially built out" if all of the workforce
7919housing obligations and all of the infrastructure and horizontal
7920development have been completed, at least 50 percent of the
7921dwelling units have been completed, and more than 80 percent of
7922the lots have been conveyed to third-party individual lot owners
7923or to individual builders who own no more than 40 lots at the
7924time of the determination. The mobile home park portions of a
7925development may be considered "essentially built out" if all the
7926infrastructure and horizontal development has been completed,
7927and at least 50 percent of the lots are leased to individual
7928mobile home owners.
7929     (19)  SUBSTANTIAL DEVIATIONS.-
7930     (b)  Any proposed change to a previously approved
7931development of regional impact or development order condition
7932which, either individually or cumulatively with other changes,
7933exceeds any of the following criteria shall constitute a
7934substantial deviation and shall cause the development to be
7935subject to further development-of-regional-impact review without
7936the necessity for a finding of same by the local government:
7937     1.  An increase in the number of parking spaces at an
7938attraction or recreational facility by 15 10 percent or 500 330
7939spaces, whichever is greater, or an increase in the number of
7940spectators that may be accommodated at such a facility by 15 10
7941percent or 1,500 1,100 spectators, whichever is greater.
7942     2.  A new runway, a new terminal facility, a 25-percent
7943lengthening of an existing runway, or a 25-percent increase in
7944the number of gates of an existing terminal, but only if the
7945increase adds at least three additional gates.
7946     3.  An increase in industrial development area by 10
7947percent or 35 acres, whichever is greater.
7948     4.  An increase in the average annual acreage mined by 10
7949percent or 11 acres, whichever is greater, or an increase in the
7950average daily water consumption by a mining operation by 10
7951percent or 330,000 gallons, whichever is greater. A net increase
7952in the size of the mine by 10 percent or 825 acres, whichever is
7953less. For purposes of calculating any net increases in size,
7954only additions and deletions of lands that have not been mined
7955shall be considered. An increase in the size of a heavy mineral
7956mine as defined in s. 378.403(7) will only constitute a
7957substantial deviation if the average annual acreage mined is
7958more than 550 acres and consumes more than 3.3 million gallons
7959of water per day.
7960     3.5.  An increase in land area for office development by 15
796110 percent or an increase of gross floor area of office
7962development by 15 10 percent or 100,000 66,000 gross square
7963feet, whichever is greater.
7964     4.6.  An increase in the number of dwelling units by 10
7965percent or 55 dwelling units, whichever is greater.
7966     5.7.  An increase in the number of dwelling units by 50
7967percent or 200 units, whichever is greater, provided that 15
7968percent of the proposed additional dwelling units are dedicated
7969to affordable workforce housing, subject to a recorded land use
7970restriction that shall be for a period of not less than 20 years
7971and that includes resale provisions to ensure long-term
7972affordability for income-eligible homeowners and renters and
7973provisions for the workforce housing to be commenced prior to
7974the completion of 50 percent of the market rate dwelling. For
7975purposes of this subparagraph, the term "affordable workforce
7976housing" means housing that is affordable to a person who earns
7977less than 120 percent of the area median income, or less than
7978140 percent of the area median income if located in a county in
7979which the median purchase price for a single-family existing
7980home exceeds the statewide median purchase price of a single-
7981family existing home. For purposes of this subparagraph, the
7982term "statewide median purchase price of a single-family
7983existing home" means the statewide purchase price as determined
7984in the Florida Sales Report, Single-Family Existing Homes,
7985released each January by the Florida Association of Realtors and
7986the University of Florida Real Estate Research Center.
7987     6.8.  An increase in commercial development by 60,000
798855,000 square feet of gross floor area or of parking spaces
7989provided for customers for 425 330 cars or a 10-percent increase
7990of either of these, whichever is greater.
7991     9.  An increase in hotel or motel rooms by 10 percent or 83
7992rooms, whichever is greater.
7993     7.10.  An increase in a recreational vehicle park area by
799410 percent or 110 vehicle spaces, whichever is less.
7995     8.11.  A decrease in the area set aside for open space of 5
7996percent or 20 acres, whichever is less.
7997     9.12.  A proposed increase to an approved multiuse
7998development of regional impact where the sum of the increases of
7999each land use as a percentage of the applicable substantial
8000deviation criteria is equal to or exceeds 110 percent. The
8001percentage of any decrease in the amount of open space shall be
8002treated as an increase for purposes of determining when 110
8003percent has been reached or exceeded.
8004     10.13.  A 15-percent increase in the number of external
8005vehicle trips generated by the development above that which was
8006projected during the original development-of-regional-impact
8007review.
8008     11.14.  Any change which would result in development of any
8009area which was specifically set aside in the application for
8010development approval or in the development order for
8011preservation or special protection of endangered or threatened
8012plants or animals designated as endangered, threatened, or
8013species of special concern and their habitat, any species
8014protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
8015archaeological and historical sites designated as significant by
8016the Division of Historical Resources of the Department of State.
8017The refinement of the boundaries and configuration of such areas
8018shall be considered under sub-subparagraph (e)2.j.
8019
8020The substantial deviation numerical standards in subparagraphs
80213., 6., and 5., 8., 9., and 12., excluding residential uses, and
8022in subparagraph 10. 13., are increased by 100 percent for a
8023project certified under s. 403.973 which creates jobs and meets
8024criteria established by the Office of Tourism, Trade, and
8025Economic Development as to its impact on an area's economy,
8026employment, and prevailing wage and skill levels. The
8027substantial deviation numerical standards in subparagraphs 3.,
80284. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50
8029percent for a project located wholly within an urban infill and
8030redevelopment area designated on the applicable adopted local
8031comprehensive plan future land use map and not located within
8032the coastal high hazard area.
8033     (c)  An extension of the date of buildout of a development,
8034or any phase thereof, by more than 7 years is presumed to create
8035a substantial deviation subject to further development-of-
8036regional-impact review.
8037     1.  An extension of the date of buildout, or any phase
8038thereof, of more than 5 years but not more than 7 years is
8039presumed not to create a substantial deviation. The extension of
8040the date of buildout of an areawide development of regional
8041impact by more than 5 years but less than 10 years is presumed
8042not to create a substantial deviation. These presumptions may be
8043rebutted by clear and convincing evidence at the public hearing
8044held by the local government. An extension of 5 years or less is
8045not a substantial deviation.
8046     2.  In recognition of the 2011 real estate market
8047conditions, at the option of the developer, all commencement,
8048phase, buildout, and expiration dates for projects that are
8049currently valid developments of regional impact are extended for
80504 years regardless of any previous extension. Associated
8051mitigation requirements are extended for the same period unless,
8052before December 1, 2011, a governmental entity notifies a
8053developer that has commenced any construction within the phase
8054for which the mitigation is required that the local government
8055has entered into a contract for construction of a facility with
8056funds to be provided from the development's mitigation funds for
8057that phase as specified in the development order or written
8058agreement with the developer. The 4-year extension is not a
8059substantial deviation, is not subject to further development-of-
8060regional-impact review, and may not be considered when
8061determining whether a subsequent extension is a substantial
8062deviation under this subsection. The developer must notify the
8063local government in writing by December 31, 2011, in order to
8064receive the 4-year extension.
8065
8066For the purpose of calculating when a buildout or phase date has
8067been exceeded, the time shall be tolled during the pendency of
8068administrative or judicial proceedings relating to development
8069permits. Any extension of the buildout date of a project or a
8070phase thereof shall automatically extend the commencement date
8071of the project, the termination date of the development order,
8072the expiration date of the development of regional impact, and
8073the phases thereof if applicable by a like period of time. In
8074recognition of the 2007 real estate market conditions, all
8075phase, buildout, and expiration dates for projects that are
8076developments of regional impact and under active construction on
8077July 1, 2007, are extended for 3 years regardless of any prior
8078extension. The 3-year extension is not a substantial deviation,
8079is not subject to further development-of-regional-impact review,
8080and may not be considered when determining whether a subsequent
8081extension is a substantial deviation under this subsection.
8082     (e)1.  Except for a development order rendered pursuant to
8083subsection (22) or subsection (25), a proposed change to a
8084development order that individually or cumulatively with any
8085previous change is less than any numerical criterion contained
8086in subparagraphs (b)1.-10.1.-13. and does not exceed any other
8087criterion, or that involves an extension of the buildout date of
8088a development, or any phase thereof, of less than 5 years is not
8089subject to the public hearing requirements of subparagraph
8090(f)3., and is not subject to a determination pursuant to
8091subparagraph (f)5. Notice of the proposed change shall be made
8092to the regional planning council and the state land planning
8093agency. Such notice shall include a description of previous
8094individual changes made to the development, including changes
8095previously approved by the local government, and shall include
8096appropriate amendments to the development order.
8097     2.  The following changes, individually or cumulatively
8098with any previous changes, are not substantial deviations:
8099     a.  Changes in the name of the project, developer, owner,
8100or monitoring official.
8101     b.  Changes to a setback that do not affect noise buffers,
8102environmental protection or mitigation areas, or archaeological
8103or historical resources.
8104     c.  Changes to minimum lot sizes.
8105     d.  Changes in the configuration of internal roads that do
8106not affect external access points.
8107     e.  Changes to the building design or orientation that stay
8108approximately within the approved area designated for such
8109building and parking lot, and which do not affect historical
8110buildings designated as significant by the Division of
8111Historical Resources of the Department of State.
8112     f.  Changes to increase the acreage in the development,
8113provided that no development is proposed on the acreage to be
8114added.
8115     g.  Changes to eliminate an approved land use, provided
8116that there are no additional regional impacts.
8117     h.  Changes required to conform to permits approved by any
8118federal, state, or regional permitting agency, provided that
8119these changes do not create additional regional impacts.
8120     i.  Any renovation or redevelopment of development within a
8121previously approved development of regional impact which does
8122not change land use or increase density or intensity of use.
8123     j.  Changes that modify boundaries and configuration of
8124areas described in subparagraph (b)11.14. due to science-based
8125refinement of such areas by survey, by habitat evaluation, by
8126other recognized assessment methodology, or by an environmental
8127assessment. In order for changes to qualify under this sub-
8128subparagraph, the survey, habitat evaluation, or assessment must
8129occur prior to the time a conservation easement protecting such
8130lands is recorded and must not result in any net decrease in the
8131total acreage of the lands specifically set aside for permanent
8132preservation in the final development order.
8133     k.  Any other change which the state land planning agency,
8134in consultation with the regional planning council, agrees in
8135writing is similar in nature, impact, or character to the
8136changes enumerated in sub-subparagraphs a.-j. and which does not
8137create the likelihood of any additional regional impact.
8138
8139This subsection does not require the filing of a notice of
8140proposed change but shall require an application to the local
8141government to amend the development order in accordance with the
8142local government's procedures for amendment of a development
8143order. In accordance with the local government's procedures,
8144including requirements for notice to the applicant and the
8145public, the local government shall either deny the application
8146for amendment or adopt an amendment to the development order
8147which approves the application with or without conditions.
8148Following adoption, the local government shall render to the
8149state land planning agency the amendment to the development
8150order. The state land planning agency may appeal, pursuant to s.
8151380.07(3), the amendment to the development order if the
8152amendment involves sub-subparagraph g., sub-subparagraph h.,
8153sub-subparagraph j., or sub-subparagraph k., and it believes the
8154change creates a reasonable likelihood of new or additional
8155regional impacts.
8156     3.  Except for the change authorized by sub-subparagraph
81572.f., any addition of land not previously reviewed or any change
8158not specified in paragraph (b) or paragraph (c) shall be
8159presumed to create a substantial deviation. This presumption may
8160be rebutted by clear and convincing evidence.
8161     4.  Any submittal of a proposed change to a previously
8162approved development shall include a description of individual
8163changes previously made to the development, including changes
8164previously approved by the local government. The local
8165government shall consider the previous and current proposed
8166changes in deciding whether such changes cumulatively constitute
8167a substantial deviation requiring further development-of-
8168regional-impact review.
8169     5.  The following changes to an approved development of
8170regional impact shall be presumed to create a substantial
8171deviation. Such presumption may be rebutted by clear and
8172convincing evidence.
8173     a.  A change proposed for 15 percent or more of the acreage
8174to a land use not previously approved in the development order.
8175Changes of less than 15 percent shall be presumed not to create
8176a substantial deviation.
8177     b.  Notwithstanding any provision of paragraph (b) to the
8178contrary, a proposed change consisting of simultaneous increases
8179and decreases of at least two of the uses within an authorized
8180multiuse development of regional impact which was originally
8181approved with three or more uses specified in s. 380.0651(3)(c),
8182(d), and (e), and (f) and residential use.
8183     6.  If a local government agrees to a proposed change, a
8184change in the transportation proportionate share calculation and
8185mitigation plan in an adopted development order as a result of
8186recalculation of the proportionate share contribution meeting
8187the requirements of s. 163.3180(5)(h) in effect as of the date
8188of such change shall be presumed not to create a substantial
8189deviation. For purposes of this subsection, the proposed change
8190in the proportionate share calculation or mitigation plan shall
8191not be considered an additional regional transportation impact.
8192     (f)1.  The state land planning agency shall establish by
8193rule standard forms for submittal of proposed changes to a
8194previously approved development of regional impact which may
8195require further development-of-regional-impact review. At a
8196minimum, the standard form shall require the developer to
8197provide the precise language that the developer proposes to
8198delete or add as an amendment to the development order.
8199     2.  The developer shall submit, simultaneously, to the
8200local government, the regional planning agency, and the state
8201land planning agency the request for approval of a proposed
8202change.
8203     3.  No sooner than 30 days but no later than 45 days after
8204submittal by the developer to the local government, the state
8205land planning agency, and the appropriate regional planning
8206agency, the local government shall give 15 days' notice and
8207schedule a public hearing to consider the change that the
8208developer asserts does not create a substantial deviation. This
8209public hearing shall be held within 60 days after submittal of
8210the proposed changes, unless that time is extended by the
8211developer.
8212     4.  The appropriate regional planning agency or the state
8213land planning agency shall review the proposed change and, no
8214later than 45 days after submittal by the developer of the
8215proposed change, unless that time is extended by the developer,
8216and prior to the public hearing at which the proposed change is
8217to be considered, shall advise the local government in writing
8218whether it objects to the proposed change, shall specify the
8219reasons for its objection, if any, and shall provide a copy to
8220the developer.
8221     5.  At the public hearing, the local government shall
8222determine whether the proposed change requires further
8223development-of-regional-impact review. The provisions of
8224paragraphs (a) and (e), the thresholds set forth in paragraph
8225(b), and the presumptions set forth in paragraphs (c) and (d)
8226and subparagraph (e)3. shall be applicable in determining
8227whether further development-of-regional-impact review is
8228required. The local government may also deny the proposed change
8229based on matters relating to local issues, such as if the land
8230on which the change is sought is plat restricted in a way that
8231would be incompatible with the proposed change, and the local
8232government does not wish to change the plat restriction as part
8233of the proposed change.
8234     6.  If the local government determines that the proposed
8235change does not require further development-of-regional-impact
8236review and is otherwise approved, or if the proposed change is
8237not subject to a hearing and determination pursuant to
8238subparagraphs 3. and 5. and is otherwise approved, the local
8239government shall issue an amendment to the development order
8240incorporating the approved change and conditions of approval
8241relating to the change. The requirement that a change be
8242otherwise approved shall not be construed to require additional
8243local review or approval if the change is allowed by applicable
8244local ordinances without further local review or approval. The
8245decision of the local government to approve, with or without
8246conditions, or to deny the proposed change that the developer
8247asserts does not require further review shall be subject to the
8248appeal provisions of s. 380.07. However, the state land planning
8249agency may not appeal the local government decision if it did
8250not comply with subparagraph 4. The state land planning agency
8251may not appeal a change to a development order made pursuant to
8252subparagraph (e)1. or subparagraph (e)2. for developments of
8253regional impact approved after January 1, 1980, unless the
8254change would result in a significant impact to a regionally
8255significant archaeological, historical, or natural resource not
8256previously identified in the original development-of-regional-
8257impact review.
8258     (24)  STATUTORY EXEMPTIONS.-
8259     (a)  Any proposed hospital is exempt from the provisions of
8260this section.
8261     (b)  Any proposed electrical transmission line or
8262electrical power plant is exempt from the provisions of this
8263section.
8264     (c)  Any proposed addition to an existing sports facility
8265complex is exempt from the provisions of this section if the
8266addition meets the following characteristics:
8267     1.  It would not operate concurrently with the scheduled
8268hours of operation of the existing facility.
8269     2.  Its seating capacity would be no more than 75 percent
8270of the capacity of the existing facility.
8271     3.  The sports facility complex property is owned by a
8272public body prior to July 1, 1983.
8273
8274This exemption does not apply to any pari-mutuel facility.
8275     (d)  Any proposed addition or cumulative additions
8276subsequent to July 1, 1988, to an existing sports facility
8277complex owned by a state university is exempt if the increased
8278seating capacity of the complex is no more than 30 percent of
8279the capacity of the existing facility.
8280     (e)  Any addition of permanent seats or parking spaces for
8281an existing sports facility located on property owned by a
8282public body prior to July 1, 1973, is exempt from the provisions
8283of this section if future additions do not expand existing
8284permanent seating or parking capacity more than 15 percent
8285annually in excess of the prior year's capacity.
8286     (f)  Any increase in the seating capacity of an existing
8287sports facility having a permanent seating capacity of at least
828850,000 spectators is exempt from the provisions of this section,
8289provided that such an increase does not increase permanent
8290seating capacity by more than 5 percent per year and not to
8291exceed a total of 10 percent in any 5-year period, and provided
8292that the sports facility notifies the appropriate local
8293government within which the facility is located of the increase
8294at least 6 months prior to the initial use of the increased
8295seating, in order to permit the appropriate local government to
8296develop a traffic management plan for the traffic generated by
8297the increase. Any traffic management plan shall be consistent
8298with the local comprehensive plan, the regional policy plan, and
8299the state comprehensive plan.
8300     (g)  Any expansion in the permanent seating capacity or
8301additional improved parking facilities of an existing sports
8302facility is exempt from the provisions of this section, if the
8303following conditions exist:
8304     1.a.  The sports facility had a permanent seating capacity
8305on January 1, 1991, of at least 41,000 spectator seats;
8306     b.  The sum of such expansions in permanent seating
8307capacity does not exceed a total of 10 percent in any 5-year
8308period and does not exceed a cumulative total of 20 percent for
8309any such expansions; or
8310     c.  The increase in additional improved parking facilities
8311is a one-time addition and does not exceed 3,500 parking spaces
8312serving the sports facility; and
8313     2.  The local government having jurisdiction of the sports
8314facility includes in the development order or development permit
8315approving such expansion under this paragraph a finding of fact
8316that the proposed expansion is consistent with the
8317transportation, water, sewer and stormwater drainage provisions
8318of the approved local comprehensive plan and local land
8319development regulations relating to those provisions.
8320
8321Any owner or developer who intends to rely on this statutory
8322exemption shall provide to the department a copy of the local
8323government application for a development permit. Within 45 days
8324of receipt of the application, the department shall render to
8325the local government an advisory and nonbinding opinion, in
8326writing, stating whether, in the department's opinion, the
8327prescribed conditions exist for an exemption under this
8328paragraph. The local government shall render the development
8329order approving each such expansion to the department. The
8330owner, developer, or department may appeal the local government
8331development order pursuant to s. 380.07, within 45 days after
8332the order is rendered. The scope of review shall be limited to
8333the determination of whether the conditions prescribed in this
8334paragraph exist. If any sports facility expansion undergoes
8335development-of-regional-impact review, all previous expansions
8336which were exempt under this paragraph shall be included in the
8337development-of-regional-impact review.
8338     (h)  Expansion to port harbors, spoil disposal sites,
8339navigation channels, turning basins, harbor berths, and other
8340related inwater harbor facilities of ports listed in s.
8341403.021(9)(b), port transportation facilities and projects
8342listed in s. 311.07(3)(b), and intermodal transportation
8343facilities identified pursuant to s. 311.09(3) are exempt from
8344the provisions of this section when such expansions, projects,
8345or facilities are consistent with comprehensive master plans
8346that are in compliance with the provisions of s. 163.3178.
8347     (i)  Any proposed facility for the storage of any petroleum
8348product or any expansion of an existing facility is exempt from
8349the provisions of this section.
8350     (j)  Any renovation or redevelopment within the same land
8351parcel which does not change land use or increase density or
8352intensity of use.
8353     (k)  Waterport and marina development, including dry
8354storage facilities, are exempt from the provisions of this
8355section.
8356     (l)  Any proposed development within an urban service
8357boundary established under s. 163.3177(14), which is not
8358otherwise exempt pursuant to subsection (29), is exempt from the
8359provisions of this section if the local government having
8360jurisdiction over the area where the development is proposed has
8361adopted the urban service boundary, has entered into a binding
8362agreement with jurisdictions that would be impacted and with the
8363Department of Transportation regarding the mitigation of impacts
8364on state and regional transportation facilities, and has adopted
8365a proportionate share methodology pursuant to s. 163.3180(16).
8366     (m)  Any proposed development within a rural land
8367stewardship area created under s. 163.3248 163.3177(11)(d) is
8368exempt from the provisions of this section if the local
8369government that has adopted the rural land stewardship area has
8370entered into a binding agreement with jurisdictions that would
8371be impacted and the Department of Transportation regarding the
8372mitigation of impacts on state and regional transportation
8373facilities, and has adopted a proportionate share methodology
8374pursuant to s. 163.3180(16).
8375     (n)  The establishment, relocation, or expansion of any
8376military installation as defined in s. 163.3175, is exempt from
8377this section.
8378     (o)  Any self-storage warehousing that does not allow
8379retail or other services is exempt from this section.
8380     (p)  Any proposed nursing home or assisted living facility
8381is exempt from this section.
8382     (q)  Any development identified in an airport master plan
8383and adopted into the comprehensive plan pursuant to s.
8384163.3177(6)(k) is exempt from this section.
8385     (r)  Any development identified in a campus master plan and
8386adopted pursuant to s. 1013.30 is exempt from this section.
8387     (s)  Any development in a detailed specific area plan which
8388is prepared and adopted pursuant to s. 163.3245 and adopted into
8389the comprehensive plan is exempt from this section.
8390     (t)  Any proposed solid mineral mine and any proposed
8391addition to, expansion of, or change to an existing solid
8392mineral mine is exempt from this section. A mine owner will
8393enter into a binding agreement with the Department of
8394Transportation to mitigate impacts to strategic intermodal
8395system facilities pursuant to the transportation thresholds in
8396380.06(19) or rule 9J-2.045(6), Florida Administrative Code.
8397Proposed changes to any previously approved solid mineral mine
8398development-of-regional-impact development orders having vested
8399rights is not subject to further review or approval as a
8400development-of-regional-impact or notice-of-proposed-change
8401review or approval pursuant to subsection (19), except for those
8402applications pending as of July 1, 2011, which shall be governed
8403by s. 380.115(2). Notwithstanding the foregoing, however,
8404pursuant to s. 380.115(1), previously approved solid mineral
8405mine development-of-regional-impact development orders shall
8406continue to enjoy vested rights and continue to be effective
8407unless rescinded by the developer. All local government
8408regulations of proposed solid mineral mines shall be applicable
8409to any new solid mineral mine or to any proposed addition to,
8410expansion of, or change to an existing solid mineral mine.
8411     (u)  Notwithstanding any provisions in an agreement with or
8412among a local government, regional agency, or the state land
8413planning agency or in a local government's comprehensive plan to
8414the contrary, a project no longer subject to development-of-
8415regional-impact review under revised thresholds is not required
8416to undergo such review.
8417     (v)(t)  Any development within a county with a research and
8418education authority created by special act and that is also
8419within a research and development park that is operated or
8420managed by a research and development authority pursuant to part
8421V of chapter 159 is exempt from this section.
8422
8423If a use is exempt from review as a development of regional
8424impact under paragraphs (a)-(u) (a)-(s), but will be part of a
8425larger project that is subject to review as a development of
8426regional impact, the impact of the exempt use must be included
8427in the review of the larger project, unless such exempt use
8428involves a development of regional impact that includes a
8429landowner, tenant, or user that has entered into a funding
8430agreement with the Office of Tourism, Trade, and Economic
8431Development under the Innovation Incentive Program and the
8432agreement contemplates a state award of at least $50 million.
8433     (28)  PARTIAL STATUTORY EXEMPTIONS.-
8434     (e)  The vesting provision of s. 163.3167(5)(8) relating to
8435an authorized development of regional impact does shall not
8436apply to those projects partially exempt from the development-
8437of-regional-impact review process under paragraphs (a)-(d).
8438     (29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
8439     (a)  The following are exempt from this section:
8440     1.  Any proposed development in a municipality that has an
8441average of at least 1,000 people per square mile of land area
8442and a minimum total population of at least 5,000 qualifies as a
8443dense urban land area as defined in s. 163.3164;
8444     2.  Any proposed development within a county, including the
8445municipalities located in the county, that has an average of at
8446least 1,000 people per square mile of land area qualifies as a
8447dense urban land area as defined in s. 163.3164 and that is
8448located within an urban service area as defined in s. 163.3164
8449which has been adopted into the comprehensive plan; or
8450     3.  Any proposed development within a county, including the
8451municipalities located therein, which has a population of at
8452least 900,000, that has an average of at least 1,000 people per
8453square mile of land area which qualifies as a dense urban land
8454area under s. 163.3164, but which does not have an urban service
8455area designated in the comprehensive plan; or
8456     4.  Any proposed development within a county, including the
8457municipalities located therein, which has a population of at
8458least 1 million and is located within an urban service area as
8459defined in s. 163.3164 which has been adopted into the
8460comprehensive plan.
8461
8462The Office of Economic and Demographic Research within the
8463Legislature shall annually calculate the population and density
8464criteria needed to determine which jurisdictions meet the
8465density criteria in subparagraphs 1.-4. by using the most recent
8466land area data from the decennial census conducted by the Bureau
8467of the Census of the United States Department of Commerce and
8468the latest available population estimates determined pursuant to
8469s. 186.901. If any local government has had an annexation,
8470contraction, or new incorporation, the Office of Economic and
8471Demographic Research shall determine the population density
8472using the new jurisdictional boundaries as recorded in
8473accordance with s. 171.091. The Office of Economic and
8474Demographic Research shall annually submit to the state land
8475planning agency by July 1 a list of jurisdictions that meet the
8476total population and density criteria. The state land planning
8477agency shall publish the list of jurisdictions on its Internet
8478website within 7 days after the list is received. The
8479designation of jurisdictions that meet the criteria of
8480subparagraphs 1.-4. is effective upon publication on the state
8481land planning agency's Internet website. If a municipality that
8482has previously met the criteria no longer meets the criteria,
8483the state land planning agency shall maintain the municipality
8484on the list and indicate the year the jurisdiction last met the
8485criteria. However, any proposed development of regional impact
8486not within the established boundaries of a municipality at the
8487time the municipality last met the criteria must meet the
8488requirements of this section until such time as the municipality
8489as a whole meets the criteria. Any county that meets the
8490criteria shall remain on the list in accordance with the
8491provisions of this paragraph. Any jurisdiction that was placed
8492on the dense urban land area list before the effective date of
8493this act shall remain on the list in accordance with the
8494provisions of this paragraph.
8495     (d)  A development that is located partially outside an
8496area that is exempt from the development-of-regional-impact
8497program must undergo development-of-regional-impact review
8498pursuant to this section. However, if the total acreage that is
8499included within the area exempt from development-of-regional-
8500impact review exceeds 85 percent of the total acreage and square
8501footage of the approved development of regional impact, the  
8502development-of-regional-impact development order may be
8503rescinded in both local governments pursuant to s. 380.115(1),
8504unless the portion of the development outside the exempt area
8505meets the threshold criteria of a development-of-regional-
8506impact.
8507     (e)  In an area that is exempt under paragraphs (a)-(c),
8508any previously approved development-of-regional-impact
8509development orders shall continue to be effective, but the
8510developer has the option to be governed by s. 380.115(1). A
8511pending application for development approval shall be governed
8512by s. 380.115(2). A development that has a pending application
8513for a comprehensive plan amendment and that elects not to
8514continue development-of-regional-impact review is exempt from
8515the limitation on plan amendments set forth in s. 163.3187(1)
8516for the year following the effective date of the exemption.
8517     Section 55.  Subsection (3) and paragraph (a) of subsection
8518(4) of section 380.0651, Florida Statutes, are amended to read:
8519     380.0651  Statewide guidelines and standards.-
8520     (3)  The following statewide guidelines and standards shall
8521be applied in the manner described in s. 380.06(2) to determine
8522whether the following developments shall be required to undergo
8523development-of-regional-impact review:
8524     (a)  Airports.-
8525     1.  Any of the following airport construction projects
8526shall be a development of regional impact:
8527     a.  A new commercial service or general aviation airport
8528with paved runways.
8529     b.  A new commercial service or general aviation paved
8530runway.
8531     c.  A new passenger terminal facility.
8532     2.  Lengthening of an existing runway by 25 percent or an
8533increase in the number of gates by 25 percent or three gates,
8534whichever is greater, on a commercial service airport or a
8535general aviation airport with regularly scheduled flights is a
8536development of regional impact. However, expansion of existing
8537terminal facilities at a nonhub or small hub commercial service
8538airport shall not be a development of regional impact.
8539     3.  Any airport development project which is proposed for
8540safety, repair, or maintenance reasons alone and would not have
8541the potential to increase or change existing types of aircraft
8542activity is not a development of regional impact.
8543Notwithstanding subparagraphs 1. and 2., renovation,
8544modernization, or replacement of airport airside or terminal
8545facilities that may include increases in square footage of such
8546facilities but does not increase the number of gates or change
8547the existing types of aircraft activity is not a development of
8548regional impact.
8549     (b)  Attractions and recreation facilities.-Any sports,
8550entertainment, amusement, or recreation facility, including, but
8551not limited to, a sports arena, stadium, racetrack, tourist
8552attraction, amusement park, or pari-mutuel facility, the
8553construction or expansion of which:
8554     1.  For single performance facilities:
8555     a.  Provides parking spaces for more than 2,500 cars; or
8556     b.  Provides more than 10,000 permanent seats for
8557spectators.
8558     2.  For serial performance facilities:
8559     a.  Provides parking spaces for more than 1,000 cars; or
8560     b.  Provides more than 4,000 permanent seats for
8561spectators.
8562
8563For purposes of this subsection, "serial performance facilities"
8564means those using their parking areas or permanent seating more
8565than one time per day on a regular or continuous basis.
8566     3.  For multiscreen movie theaters of at least 8 screens
8567and 2,500 seats:
8568     a.  Provides parking spaces for more than 1,500 cars; or
8569     b.  Provides more than 6,000 permanent seats for
8570spectators.
8571     (c)  Industrial plants, industrial parks, and distribution,
8572warehousing or wholesaling facilities.-Any proposed industrial,
8573manufacturing, or processing plant, or distribution,
8574warehousing, or wholesaling facility, excluding wholesaling
8575developments which deal primarily with the general public
8576onsite, under common ownership, or any proposed industrial,
8577manufacturing, or processing activity or distribution,
8578warehousing, or wholesaling activity, excluding wholesaling
8579activities which deal primarily with the general public onsite,
8580which:
8581     1.  Provides parking for more than 2,500 motor vehicles; or
8582     2.  Occupies a site greater than 320 acres.
8583     (c)(d)  Office development.-Any proposed office building or
8584park operated under common ownership, development plan, or
8585management that:
8586     1.  Encompasses 300,000 or more square feet of gross floor
8587area; or
8588     2.  Encompasses more than 600,000 square feet of gross
8589floor area in a county with a population greater than 500,000
8590and only in a geographic area specifically designated as highly
8591suitable for increased threshold intensity in the approved local
8592comprehensive plan.
8593     (d)(e)  Retail and service development.-Any proposed
8594retail, service, or wholesale business establishment or group of
8595establishments which deals primarily with the general public
8596onsite, operated under one common property ownership,
8597development plan, or management that:
8598     1.  Encompasses more than 400,000 square feet of gross
8599area; or
8600     2.  Provides parking spaces for more than 2,500 cars.
8601     (f)  Hotel or motel development.-
8602     1.  Any proposed hotel or motel development that is planned
8603to create or accommodate 350 or more units; or
8604     2.  Any proposed hotel or motel development that is planned
8605to create or accommodate 750 or more units, in a county with a
8606population greater than 500,000.
8607     (e)(g)  Recreational vehicle development.-Any proposed
8608recreational vehicle development planned to create or
8609accommodate 500 or more spaces.
8610     (f)(h)  Multiuse development.-Any proposed development with
8611two or more land uses where the sum of the percentages of the
8612appropriate thresholds identified in chapter 28-24, Florida
8613Administrative Code, or this section for each land use in the
8614development is equal to or greater than 145 percent. Any
8615proposed development with three or more land uses, one of which
8616is residential and contains at least 100 dwelling units or 15
8617percent of the applicable residential threshold, whichever is
8618greater, where the sum of the percentages of the appropriate
8619thresholds identified in chapter 28-24, Florida Administrative
8620Code, or this section for each land use in the development is
8621equal to or greater than 160 percent. This threshold is in
8622addition to, and does not preclude, a development from being
8623required to undergo development-of-regional-impact review under
8624any other threshold.
8625     (g)(i)  Residential development.-No rule may be adopted
8626concerning residential developments which treats a residential
8627development in one county as being located in a less populated
8628adjacent county unless more than 25 percent of the development
8629is located within 2 or less miles of the less populated adjacent
8630county. The residential thresholds of adjacent counties with
8631less population and a lower threshold shall not be controlling
8632on any development wholly located within areas designated as
8633rural areas of critical economic concern.
8634     (h)(j)  Workforce housing.-The applicable guidelines for
8635residential development and the residential component for
8636multiuse development shall be increased by 50 percent where the
8637developer demonstrates that at least 15 percent of the total
8638residential dwelling units authorized within the development of
8639regional impact will be dedicated to affordable workforce
8640housing, subject to a recorded land use restriction that shall
8641be for a period of not less than 20 years and that includes
8642resale provisions to ensure long-term affordability for income-
8643eligible homeowners and renters and provisions for the workforce
8644housing to be commenced prior to the completion of 50 percent of
8645the market rate dwelling. For purposes of this paragraph, the
8646term "affordable workforce housing" means housing that is
8647affordable to a person who earns less than 120 percent of the
8648area median income, or less than 140 percent of the area median
8649income if located in a county in which the median purchase price
8650for a single-family existing home exceeds the statewide median
8651purchase price of a single-family existing home. For the
8652purposes of this paragraph, the term "statewide median purchase
8653price of a single-family existing home" means the statewide
8654purchase price as determined in the Florida Sales Report,
8655Single-Family Existing Homes, released each January by the
8656Florida Association of Realtors and the University of Florida
8657Real Estate Research Center.
8658     (i)(k)  Schools.-
8659     1.  The proposed construction of any public, private, or
8660proprietary postsecondary educational campus which provides for
8661a design population of more than 5,000 full-time equivalent
8662students, or the proposed physical expansion of any public,
8663private, or proprietary postsecondary educational campus having
8664such a design population that would increase the population by
8665at least 20 percent of the design population.
8666     2.  As used in this paragraph, "full-time equivalent
8667student" means enrollment for 15 or more quarter hours during a
8668single academic semester. In career centers or other
8669institutions which do not employ semester hours or quarter hours
8670in accounting for student participation, enrollment for 18
8671contact hours shall be considered equivalent to one quarter
8672hour, and enrollment for 27 contact hours shall be considered
8673equivalent to one semester hour.
8674     3.  This paragraph does not apply to institutions which are
8675the subject of a campus master plan adopted by the university
8676board of trustees pursuant to s. 1013.30.
8677     (4)  Two or more developments, represented by their owners
8678or developers to be separate developments, shall be aggregated
8679and treated as a single development under this chapter when they
8680are determined to be part of a unified plan of development and
8681are physically proximate to one other.
8682     (a)  The criteria of three two of the following
8683subparagraphs must be met in order for the state land planning
8684agency to determine that there is a unified plan of development:
8685     1.a.  The same person has retained or shared control of the
8686developments;
8687     b.  The same person has ownership or a significant legal or
8688equitable interest in the developments; or
8689     c.  There is common management of the developments
8690controlling the form of physical development or disposition of
8691parcels of the development.
8692     2.  There is a reasonable closeness in time between the
8693completion of 80 percent or less of one development and the
8694submission to a governmental agency of a master plan or series
8695of plans or drawings for the other development which is
8696indicative of a common development effort.
8697     3.  A master plan or series of plans or drawings exists
8698covering the developments sought to be aggregated which have
8699been submitted to a local general-purpose government, water
8700management district, the Florida Department of Environmental
8701Protection, or the Division of Florida Condominiums, Timeshares,
8702and Mobile Homes for authorization to commence development. The
8703existence or implementation of a utility's master utility plan
8704required by the Public Service Commission or general-purpose
8705local government or a master drainage plan shall not be the sole
8706determinant of the existence of a master plan.
8707     4.  The voluntary sharing of infrastructure that is
8708indicative of a common development effort or is designated
8709specifically to accommodate the developments sought to be
8710aggregated, except that which was implemented because it was
8711required by a local general-purpose government; water management
8712district; the Department of Environmental Protection; the
8713Division of Florida Condominiums, Timeshares, and Mobile Homes;
8714or the Public Service Commission.
8715     4.5.  There is a common advertising scheme or promotional
8716plan in effect for the developments sought to be aggregated.
8717     Section 56.  Subsection (17) of section 331.303, Florida
8718Statutes, is amended to read:
8719     331.303  Definitions.-
8720     (17)  "Spaceport launch facilities" means industrial
8721facilities as described in s. 380.0651(3)(c), Florida Statutes
87222010, and include any launch pad, launch control center, and
8723fixed launch-support equipment.
8724     Section 57.  Subsection (1) of section 380.115, Florida
8725Statutes, is amended to read:
8726     380.115  Vested rights and duties; effect of size
8727reduction, changes in guidelines and standards.-
8728     (1)  A change in a development-of-regional-impact guideline
8729and standard does not abridge or modify any vested or other
8730right or any duty or obligation pursuant to any development
8731order or agreement that is applicable to a development of
8732regional impact. A development that has received a development-
8733of-regional-impact development order pursuant to s. 380.06, but
8734is no longer required to undergo development-of-regional-impact
8735review by operation of a change in the guidelines and standards
8736or has reduced its size below the thresholds in s. 380.0651, or
8737a development that is exempt pursuant to s. 380.06(29) shall be
8738governed by the following procedures:
8739     (a)  The development shall continue to be governed by the
8740development-of-regional-impact development order and may be
8741completed in reliance upon and pursuant to the development order
8742unless the developer or landowner has followed the procedures
8743for rescission in paragraph (b). Any proposed changes to those
8744developments which continue to be governed by a development
8745order shall be approved pursuant to s. 380.06(19) as it existed
8746prior to a change in the development-of-regional-impact
8747guidelines and standards, except that all percentage criteria
8748shall be doubled and all other criteria shall be increased by 10
8749percent. The development-of-regional-impact development order
8750may be enforced by the local government as provided by ss.
8751380.06(17) and 380.11.
8752     (b)  If requested by the developer or landowner, the
8753development-of-regional-impact development order shall be
8754rescinded by the local government having jurisdiction upon a
8755showing that all required mitigation related to the amount of
8756development that existed on the date of rescission has been
8757completed.
8758     Section 58.  Paragraph (a) of subsection (8) of section
8759380.061, Florida Statutes, is amended to read:
8760     380.061  The Florida Quality Developments program.-
8761     (8)(a)  Any local government comprehensive plan amendments
8762related to a Florida Quality Development may be initiated by a
8763local planning agency and considered by the local governing body
8764at the same time as the application for development approval,
8765using the procedures provided for local plan amendment in s.
8766163.3187 or s. 163.3189 and applicable local ordinances, without
8767regard to statutory or local ordinance limits on the frequency
8768of consideration of amendments to the local comprehensive plan.
8769Nothing in this subsection shall be construed to require
8770favorable consideration of a Florida Quality Development solely
8771because it is related to a development of regional impact.
8772     Section 59.  Paragraph (a) of subsection (2) and subsection
8773(10) of section 380.065, Florida Statutes, are amended to read:
8774     380.065  Certification of local government review of
8775development.-
8776     (2)  When a petition is filed, the state land planning
8777agency shall have no more than 90 days to prepare and submit to
8778the Administration Commission a report and recommendations on
8779the proposed certification. In deciding whether to grant
8780certification, the Administration Commission shall determine
8781whether the following criteria are being met:
8782     (a)  The petitioning local government has adopted and
8783effectively implemented a local comprehensive plan and
8784development regulations which comply with ss. 163.3161-163.3215,
8785the Community Local Government Comprehensive Planning and Land
8786Development Regulation Act.
8787     (10)  The department shall submit an annual progress report
8788to the President of the Senate and the Speaker of the House of
8789Representatives by March 1 on the certification of local
8790governments, stating which local governments have been
8791certified. For those local governments which have applied for
8792certification but for which certification has been denied, the
8793department shall specify the reasons certification was denied.
8794     Section 60.  Section 380.0685, Florida Statutes, is amended
8795to read:
8796     380.0685  State park in area of critical state concern in
8797county which creates land authority; surcharge on admission and
8798overnight occupancy.-The Department of Environmental Protection
8799shall impose and collect a surcharge of 50 cents per person per
8800day, or $5 per annual family auto entrance permit, on admission
8801to all state parks in areas of critical state concern located in
8802a county which creates a land authority pursuant to s.
8803380.0663(1), and a surcharge of $2.50 per night per campsite,
8804cabin, or other overnight recreational occupancy unit in state
8805parks in areas of critical state concern located in a county
8806which creates a land authority pursuant to s. 380.0663(1);
8807however, no surcharge shall be imposed or collected under this
8808section for overnight use by nonprofit groups of organized group
8809camps, primitive camping areas, or other facilities intended
8810primarily for organized group use. Such surcharges shall be
8811imposed within 90 days after any county creating a land
8812authority notifies the Department of Environmental Protection
8813that the land authority has been created. The proceeds from such
8814surcharges, less a collection fee that shall be kept by the
8815Department of Environmental Protection for the actual cost of
8816collection, not to exceed 2 percent, shall be transmitted to the
8817land authority of the county from which the revenue was
8818generated. Such funds shall be used to purchase property in the
8819area or areas of critical state concern in the county from which
8820the revenue was generated. An amount not to exceed 10 percent
8821may be used for administration and other costs incident to such
8822purchases. However, the proceeds of the surcharges imposed and
8823collected pursuant to this section in a state park or parks
8824located wholly within a municipality, less the costs of
8825collection as provided herein, shall be transmitted to that
8826municipality for use by the municipality for land acquisition or
8827for beach renourishment or restoration, including, but not
8828limited to, costs associated with any design, permitting,
8829monitoring, and mitigation of such work, as well as the work
8830itself. However, these funds may not be included in any
8831calculation used for providing state matching funds for local
8832contributions for beach renourishment or restoration. The
8833surcharges levied under this section shall remain imposed as
8834long as the land authority is in existence.
8835     Section 61.  Subsection (3) of section 380.115, Florida
8836Statutes, is amended to read:
8837     380.115  Vested rights and duties; effect of size
8838reduction, changes in guidelines and standards.-
8839     (3)  A landowner that has filed an application for a
8840development-of-regional-impact review prior to the adoption of a
8841an optional sector plan pursuant to s. 163.3245 may elect to
8842have the application reviewed pursuant to s. 380.06,
8843comprehensive plan provisions in force prior to adoption of the
8844sector plan, and any requested comprehensive plan amendments
8845that accompany the application.
8846     Section 62.  Subsection (1) of section 403.50665, Florida
8847Statutes, is amended to read:
8848     403.50665  Land use consistency.-
8849     (1)  The applicant shall include in the application a
8850statement on the consistency of the site and any associated
8851facilities that constitute a "development," as defined in s.
8852380.04, with existing land use plans and zoning ordinances that
8853were in effect on the date the application was filed and a full
8854description of such consistency. This information shall include
8855an identification of those associated facilities that the
8856applicant believes are exempt from the requirements of land use
8857plans and zoning ordinances under the provisions of the
8858Community Local Government Comprehensive Planning and Land
8859Development Regulation Act provisions of chapter 163 and s.
8860380.04(3).
8861     Section 63.  Subsection (13) and paragraph (a) of
8862subsection (14) of section 403.973, Florida Statutes, are
8863amended to read:
8864     403.973  Expedited permitting; amendments to comprehensive
8865plans.-
8866     (13)  Notwithstanding any other provisions of law:
8867     (a)  Local comprehensive plan amendments for projects
8868qualified under this section are exempt from the twice-a-year
8869limits provision in s. 163.3187; and
8870     (b)  Projects qualified under this section are not subject
8871to interstate highway level-of-service standards adopted by the
8872Department of Transportation for concurrency purposes. The
8873memorandum of agreement specified in subsection (5) must include
8874a process by which the applicant will be assessed a fair share
8875of the cost of mitigating the project's significant traffic
8876impacts, as defined in chapter 380 and related rules. The
8877agreement must also specify whether the significant traffic
8878impacts on the interstate system will be mitigated through the
8879implementation of a project or payment of funds to the
8880Department of Transportation. Where funds are paid, the
8881Department of Transportation must include in the 5-year work
8882program transportation projects or project phases, in an amount
8883equal to the funds received, to mitigate the traffic impacts
8884associated with the proposed project.
8885     (14)(a)  Challenges to state agency action in the expedited
8886permitting process for projects processed under this section are
8887subject to the summary hearing provisions of s. 120.574, except
8888that the administrative law judge's decision, as provided in s.
8889120.574(2)(f), shall be in the form of a recommended order and
8890do shall not constitute the final action of the state agency. In
8891those proceedings where the action of only one agency of the
8892state other than the Department of Environmental Protection is
8893challenged, the agency of the state shall issue the final order
8894within 45 working days after receipt of the administrative law
8895judge's recommended order, and the recommended order shall
8896inform the parties of their right to file exceptions or
8897responses to the recommended order in accordance with the
8898uniform rules of procedure pursuant to s. 120.54. In those
8899proceedings where the actions of more than one agency of the
8900state are challenged, the Governor shall issue the final order
8901within 45 working days after receipt of the administrative law
8902judge's recommended order, and the recommended order shall
8903inform the parties of their right to file exceptions or
8904responses to the recommended order in accordance with the
8905uniform rules of procedure pursuant to s. 120.54. This paragraph
8906does not apply to the issuance of department licenses required
8907under any federally delegated or approved permit program. In
8908such instances, the department shall enter the final order. The
8909participating agencies of the state may opt at the preliminary
8910hearing conference to allow the administrative law judge's
8911decision to constitute the final agency action. If a
8912participating local government agrees to participate in the
8913summary hearing provisions of s. 120.574 for purposes of review
8914of local government comprehensive plan amendments, s.
8915163.3184(9) and (10) apply.
8916     Section 64.  Subsections (9) and (10) of section 420.5095,
8917Florida Statutes, are amended to read:
8918     420.5095  Community Workforce Housing Innovation Pilot
8919Program.-
8920     (9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
8921local government comprehensive plan amendment to implement a
8922Community Workforce Housing Innovation Pilot Program project
8923found consistent with the provisions of this section shall be
8924expedited as provided in this subsection. At least 30 days prior
8925to adopting a plan amendment under this subsection, the local
8926government shall notify the state land planning agency of its
8927intent to adopt such an amendment, and the notice shall include
8928its evaluation related to site suitability and availability of
8929facilities and services. The public notice of the hearing
8930required by s. 163.3184(11)(15)(b)2. shall include a statement
8931that the local government intends to use the expedited adoption
8932process authorized by this subsection. Such amendments shall
8933require only a single public hearing before the governing board,
8934which shall be an adoption hearing as described in s.
8935163.3184(4)(e)(7). The state land planning agency shall issue
8936its notice of intent pursuant to s. 163.3184(8) within 30 days
8937after determining that the amendment package is complete. Any
8938further proceedings shall be governed by s. ss. 163.3184(5)-
8939(13)(9)-(16). Amendments proposed under this section are not
8940subject to s. 163.3187(1), which limits the adoption of a
8941comprehensive plan amendment to no more than two times during
8942any calendar year.
8943     (10)  The processing of approvals of development orders or
8944development permits, as defined in s. 163.3164(7) and (8), for
8945innovative community workforce housing projects shall be
8946expedited.
8947     Section 65.  Subsection (5) of section 420.615, Florida
8948Statutes, is amended to read:
8949     420.615  Affordable housing land donation density bonus
8950incentives.-
8951     (5)  The local government, as part of the approval process,
8952shall adopt a comprehensive plan amendment, pursuant to part II
8953of chapter 163, for the receiving land that incorporates the
8954density bonus. Such amendment shall be adopted in the manner as
8955required for small-scale amendments pursuant to s. 163.3187, is
8956not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8957and is exempt from the limitation on the frequency of plan
8958amendments as provided in s. 163.3187.
8959     Section 66.  Subsection (16) of section 420.9071, Florida
8960Statutes, is amended to read:
8961     420.9071  Definitions.-As used in ss. 420.907-420.9079, the
8962term:
8963     (16)  "Local housing incentive strategies" means local
8964regulatory reform or incentive programs to encourage or
8965facilitate affordable housing production, which include at a
8966minimum, assurance that permits as defined in s. 163.3164(7) and
8967(8) for affordable housing projects are expedited to a greater
8968degree than other projects; an ongoing process for review of
8969local policies, ordinances, regulations, and plan provisions
8970that increase the cost of housing prior to their adoption; and a
8971schedule for implementing the incentive strategies. Local
8972housing incentive strategies may also include other regulatory
8973reforms, such as those enumerated in s. 420.9076 or those
8974recommended by the affordable housing advisory committee in its
8975triennial evaluation of the implementation of affordable housing
8976incentives, and adopted by the local governing body.
8977     Section 67.  Paragraph (a) of subsection (4) of section
8978420.9076, Florida Statutes, is amended to read:
8979     420.9076  Adoption of affordable housing incentive
8980strategies; committees.-
8981     (4)  Triennially, the advisory committee shall review the
8982established policies and procedures, ordinances, land
8983development regulations, and adopted local government
8984comprehensive plan of the appointing local government and shall
8985recommend specific actions or initiatives to encourage or
8986facilitate affordable housing while protecting the ability of
8987the property to appreciate in value. The recommendations may
8988include the modification or repeal of existing policies,
8989procedures, ordinances, regulations, or plan provisions; the
8990creation of exceptions applicable to affordable housing; or the
8991adoption of new policies, procedures, regulations, ordinances,
8992or plan provisions, including recommendations to amend the local
8993government comprehensive plan and corresponding regulations,
8994ordinances, and other policies. At a minimum, each advisory
8995committee shall submit a report to the local governing body that
8996includes recommendations on, and triennially thereafter
8997evaluates the implementation of, affordable housing incentives
8998in the following areas:
8999     (a)  The processing of approvals of development orders or
9000permits, as defined in s. 163.3164(7) and (8), for affordable
9001housing projects is expedited to a greater degree than other
9002projects.
9003
9004The advisory committee recommendations may also include other
9005affordable housing incentives identified by the advisory
9006committee. Local governments that receive the minimum allocation
9007under the State Housing Initiatives Partnership Program shall
9008perform the initial review but may elect to not perform the
9009triennial review.
9010     Section 68.  Subsection (1) of section 720.403, Florida
9011Statutes, is amended to read:
9012     720.403  Preservation of residential communities; revival
9013of declaration of covenants.-
9014     (1)  Consistent with required and optional elements of
9015local comprehensive plans and other applicable provisions of the
9016Community Local Government Comprehensive Planning and Land
9017Development Regulation Act, homeowners are encouraged to
9018preserve existing residential communities, promote available and
9019affordable housing, protect structural and aesthetic elements of
9020their residential community, and, as applicable, maintain roads
9021and streets, easements, water and sewer systems, utilities,
9022drainage improvements, conservation and open areas, recreational
9023amenities, and other infrastructure and common areas that serve
9024and support the residential community by the revival of a
9025previous declaration of covenants and other governing documents
9026that may have ceased to govern some or all parcels in the
9027community.
9028     Section 69.  Subsection (6) of section 1013.30, Florida
9029Statutes, is amended to read:
9030     1013.30  University campus master plans and campus
9031development agreements.-
9032     (6)  Before a campus master plan is adopted, a copy of the
9033draft master plan must be sent for review or made available
9034electronically to the host and any affected local governments,
9035the state land planning agency, the Department of Environmental
9036Protection, the Department of Transportation, the Department of
9037State, the Fish and Wildlife Conservation Commission, and the
9038applicable water management district and regional planning
9039council. At the request of a governmental entity, a hard copy of
9040the draft master plan shall be submitted within 7 business days
9041of an electronic copy being made available. These agencies must
9042be given 90 days after receipt of the campus master plans in
9043which to conduct their review and provide comments to the
9044university board of trustees. The commencement of this review
9045period must be advertised in newspapers of general circulation
9046within the host local government and any affected local
9047government to allow for public comment. Following receipt and
9048consideration of all comments and the holding of an informal
9049information session and at least two public hearings within the
9050host jurisdiction, the university board of trustees shall adopt
9051the campus master plan. It is the intent of the Legislature that
9052the university board of trustees comply with the notice
9053requirements set forth in s. 163.3184(11)(15) to ensure full
9054public participation in this planning process. The informal
9055public information session must be held before the first public
9056hearing. The first public hearing shall be held before the draft
9057master plan is sent to the agencies specified in this
9058subsection. The second public hearing shall be held in
9059conjunction with the adoption of the draft master plan by the
9060university board of trustees. Campus master plans developed
9061under this section are not rules and are not subject to chapter
9062120 except as otherwise provided in this section.
9063     Section 70.  Section 1013.33, Florida Statutes, is amended
9064to read:
9065     1013.33  Coordination of planning with local governing
9066bodies.-
9067     (1)  It is the policy of this state to require the
9068coordination of planning between boards and local governing
9069bodies to ensure that plans for the construction and opening of
9070public educational facilities are facilitated and coordinated in
9071time and place with plans for residential development,
9072concurrently with other necessary services. Such planning shall
9073include the integration of the educational facilities plan and
9074applicable policies and procedures of a board with the local
9075comprehensive plan and land development regulations of local
9076governments. The planning must include the consideration of
9077allowing students to attend the school located nearest their
9078homes when a new housing development is constructed near a
9079county boundary and it is more feasible to transport the
9080students a short distance to an existing facility in an adjacent
9081county than to construct a new facility or transport students
9082longer distances in their county of residence. The planning must
9083also consider the effects of the location of public education
9084facilities, including the feasibility of keeping central city
9085facilities viable, in order to encourage central city
9086redevelopment and the efficient use of infrastructure and to
9087discourage uncontrolled urban sprawl. In addition, all parties
9088to the planning process must consult with state and local road
9089departments to assist in implementing the Safe Paths to Schools
9090program administered by the Department of Transportation.
9091     (2)(a)  The school board, county, and nonexempt
9092municipalities located within the geographic area of a school
9093district shall enter into an interlocal agreement that jointly
9094establishes the specific ways in which the plans and processes
9095of the district school board and the local governments are to be
9096coordinated. The interlocal agreements shall be submitted to the
9097state land planning agency and the Office of Educational
9098Facilities in accordance with a schedule published by the state
9099land planning agency.
9100     (b)  The schedule must establish staggered due dates for
9101submission of interlocal agreements that are executed by both
9102the local government and district school board, commencing on
9103March 1, 2003, and concluding by December 1, 2004, and must set
9104the same date for all governmental entities within a school
9105district. However, if the county where the school district is
9106located contains more than 20 municipalities, the state land
9107planning agency may establish staggered due dates for the
9108submission of interlocal agreements by these municipalities. The
9109schedule must begin with those areas where both the number of
9110districtwide capital-outlay full-time-equivalent students equals
911180 percent or more of the current year's school capacity and the
9112projected 5-year student growth rate is 1,000 or greater, or
9113where the projected 5-year student growth rate is 10 percent or
9114greater.
9115     (c)  If the student population has declined over the 5-year
9116period preceding the due date for submittal of an interlocal
9117agreement by the local government and the district school board,
9118the local government and district school board may petition the
9119state land planning agency for a waiver of one or more of the
9120requirements of subsection (3). The waiver must be granted if
9121the procedures called for in subsection (3) are unnecessary
9122because of the school district's declining school age
9123population, considering the district's 5-year work program
9124prepared pursuant to s. 1013.35. The state land planning agency
9125may modify or revoke the waiver upon a finding that the
9126conditions upon which the waiver was granted no longer exist.
9127The district school board and local governments must submit an
9128interlocal agreement within 1 year after notification by the
9129state land planning agency that the conditions for a waiver no
9130longer exist.
9131     (d)  Interlocal agreements between local governments and
9132district school boards adopted pursuant to s. 163.3177 before
9133the effective date of subsections (2)-(7) (2)-(9) must be
9134updated and executed pursuant to the requirements of subsections
9135(2)-(7) (2)-(9), if necessary. Amendments to interlocal
9136agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
9137be submitted to the state land planning agency within 30 days
9138after execution by the parties for review consistent with
9139subsections (3) and (4). Local governments and the district
9140school board in each school district are encouraged to adopt a
9141single interlocal agreement in which all join as parties. The
9142state land planning agency shall assemble and make available
9143model interlocal agreements meeting the requirements of
9144subsections (2)-(7) (2)-(9) and shall notify local governments
9145and, jointly with the Department of Education, the district
9146school boards of the requirements of subsections (2)-(7) (2)-
9147(9), the dates for compliance, and the sanctions for
9148noncompliance. The state land planning agency shall be available
9149to informally review proposed interlocal agreements. If the
9150state land planning agency has not received a proposed
9151interlocal agreement for informal review, the state land
9152planning agency shall, at least 60 days before the deadline for
9153submission of the executed agreement, renotify the local
9154government and the district school board of the upcoming
9155deadline and the potential for sanctions.
9156     (3)  At a minimum, the interlocal agreement must address
9157interlocal agreement requirements in s. 163.31777 and, if
9158applicable, s. 163.3180(6)(13)(g), except for exempt local
9159governments as provided in s. 163.3177(12), and must address the
9160following issues:
9161     (a)  A process by which each local government and the
9162district school board agree and base their plans on consistent
9163projections of the amount, type, and distribution of population
9164growth and student enrollment. The geographic distribution of
9165jurisdiction-wide growth forecasts is a major objective of the
9166process.
9167     (b)  A process to coordinate and share information relating
9168to existing and planned public school facilities, including
9169school renovations and closures, and local government plans for
9170development and redevelopment.
9171     (c)  Participation by affected local governments with the
9172district school board in the process of evaluating potential
9173school closures, significant renovations to existing schools,
9174and new school site selection before land acquisition. Local
9175governments shall advise the district school board as to the
9176consistency of the proposed closure, renovation, or new site
9177with the local comprehensive plan, including appropriate
9178circumstances and criteria under which a district school board
9179may request an amendment to the comprehensive plan for school
9180siting.
9181     (d)  A process for determining the need for and timing of
9182onsite and offsite improvements to support new construction,
9183proposed expansion, or redevelopment of existing schools. The
9184process shall address identification of the party or parties
9185responsible for the improvements.
9186     (e)  A process for the school board to inform the local
9187government regarding the effect of comprehensive plan amendments
9188on school capacity. The capacity reporting must be consistent
9189with laws and rules regarding measurement of school facility
9190capacity and must also identify how the district school board
9191will meet the public school demand based on the facilities work
9192program adopted pursuant to s. 1013.35.
9193     (f)  Participation of the local governments in the
9194preparation of the annual update to the school board's 5-year
9195district facilities work program and educational plant survey
9196prepared pursuant to s. 1013.35.
9197     (g)  A process for determining where and how joint use of
9198either school board or local government facilities can be shared
9199for mutual benefit and efficiency.
9200     (h)  A procedure for the resolution of disputes between the
9201district school board and local governments, which may include
9202the dispute resolution processes contained in chapters 164 and
9203186.
9204     (i)  An oversight process, including an opportunity for
9205public participation, for the implementation of the interlocal
9206agreement.
9207     (4)(a)  The Office of Educational Facilities shall submit
9208any comments or concerns regarding the executed interlocal
9209agreement to the state land planning agency within 30 days after
9210receipt of the executed interlocal agreement. The state land
9211planning agency shall review the executed interlocal agreement
9212to determine whether it is consistent with the requirements of
9213subsection (3), the adopted local government comprehensive plan,
9214and other requirements of law. Within 60 days after receipt of
9215an executed interlocal agreement, the state land planning agency
9216shall publish a notice of intent in the Florida Administrative
9217Weekly and shall post a copy of the notice on the agency's
9218Internet site. The notice of intent must state that the
9219interlocal agreement is consistent or inconsistent with the
9220requirements of subsection (3) and this subsection as
9221appropriate.
9222     (b)  The state land planning agency's notice is subject to
9223challenge under chapter 120; however, an affected person, as
9224defined in s. 163.3184(1)(a), has standing to initiate the
9225administrative proceeding, and this proceeding is the sole means
9226available to challenge the consistency of an interlocal
9227agreement required by this section with the criteria contained
9228in subsection (3) and this subsection. In order to have
9229standing, each person must have submitted oral or written
9230comments, recommendations, or objections to the local government
9231or the school board before the adoption of the interlocal
9232agreement by the district school board and local government. The
9233district school board and local governments are parties to any
9234such proceeding. In this proceeding, when the state land
9235planning agency finds the interlocal agreement to be consistent
9236with the criteria in subsection (3) and this subsection, the
9237interlocal agreement must be determined to be consistent with
9238subsection (3) and this subsection if the local government's and
9239school board's determination of consistency is fairly debatable.
9240When the state land planning agency finds the interlocal
9241agreement to be inconsistent with the requirements of subsection
9242(3) and this subsection, the local government's and school
9243board's determination of consistency shall be sustained unless
9244it is shown by a preponderance of the evidence that the
9245interlocal agreement is inconsistent.
9246     (c)  If the state land planning agency enters a final order
9247that finds that the interlocal agreement is inconsistent with
9248the requirements of subsection (3) or this subsection, the state
9249land planning agency shall forward it to the Administration
9250Commission, which may impose sanctions against the local
9251government pursuant to s. 163.3184(11) and may impose sanctions
9252against the district school board by directing the Department of
9253Education to withhold an equivalent amount of funds for school
9254construction available pursuant to ss. 1013.65, 1013.68,
92551013.70, and 1013.72.
9256     (5)  If an executed interlocal agreement is not timely
9257submitted to the state land planning agency for review, the
9258state land planning agency shall, within 15 working days after
9259the deadline for submittal, issue to the local government and
9260the district school board a notice to show cause why sanctions
9261should not be imposed for failure to submit an executed
9262interlocal agreement by the deadline established by the agency.
9263The agency shall forward the notice and the responses to the
9264Administration Commission, which may enter a final order citing
9265the failure to comply and imposing sanctions against the local
9266government and district school board by directing the
9267appropriate agencies to withhold at least 5 percent of state
9268funds pursuant to s. 163.3184(11) and by directing the
9269Department of Education to withhold from the district school
9270board at least 5 percent of funds for school construction
9271available pursuant to ss. 1013.65, 1013.68, 1013.70, and
92721013.72.
9273     (6)  Any local government transmitting a public school
9274element to implement school concurrency pursuant to the
9275requirements of s. 163.3180 before the effective date of this
9276section is not required to amend the element or any interlocal
9277agreement to conform with the provisions of subsections (2)-(6)
9278(2)-(8) if the element is adopted prior to or within 1 year
9279after the effective date of subsections (2)-(6) (2)-(8) and
9280remains in effect.
9281     (7)  Except as provided in subsection (8), municipalities
9282meeting the exemption criteria in s. 163.3177(12) are exempt
9283from the requirements of subsections (2), (3), and (4).
9284     (8)  At the time of the evaluation and appraisal report,
9285each exempt municipality shall assess the extent to which it
9286continues to meet the criteria for exemption under s.
9287163.3177(12). If the municipality continues to meet these
9288criteria, the municipality shall continue to be exempt from the
9289interlocal agreement requirement. Each municipality exempt under
9290s. 163.3177(12) must comply with the provisions of subsections
9291(2)-(8) within 1 year after the district school board proposes,
9292in its 5-year district facilities work program, a new school
9293within the municipality's jurisdiction.
9294     (7)(9)  A board and the local governing body must share and
9295coordinate information related to existing and planned school
9296facilities; proposals for development, redevelopment, or
9297additional development; and infrastructure required to support
9298the school facilities, concurrent with proposed development. A
9299school board shall use information produced by the demographic,
9300revenue, and education estimating conferences pursuant to s.
9301216.136 when preparing the district educational facilities plan
9302pursuant to s. 1013.35, as modified and agreed to by the local
9303governments, when provided by interlocal agreement, and the
9304Office of Educational Facilities, in consideration of local
9305governments' population projections, to ensure that the district
9306educational facilities plan not only reflects enrollment
9307projections but also considers applicable municipal and county
9308growth and development projections. The projections must be
9309apportioned geographically with assistance from the local
9310governments using local government trend data and the school
9311district student enrollment data. A school board is precluded
9312from siting a new school in a jurisdiction where the school
9313board has failed to provide the annual educational facilities
9314plan for the prior year required pursuant to s. 1013.35 unless
9315the failure is corrected.
9316     (8)(10)  The location of educational facilities shall be
9317consistent with the comprehensive plan of the appropriate local
9318governing body developed under part II of chapter 163 and
9319consistent with the plan's implementing land development
9320regulations.
9321     (9)(11)  To improve coordination relative to potential
9322educational facility sites, a board shall provide written notice
9323to the local government that has regulatory authority over the
9324use of the land consistent with an interlocal agreement entered
9325pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
9326to acquiring or leasing property that may be used for a new
9327public educational facility. The local government, upon receipt
9328of this notice, shall notify the board within 45 days if the
9329site proposed for acquisition or lease is consistent with the
9330land use categories and policies of the local government's
9331comprehensive plan. This preliminary notice does not constitute
9332the local government's determination of consistency pursuant to
9333subsection (10) (12).
9334     (10)(12)  As early in the design phase as feasible and
9335consistent with an interlocal agreement entered pursuant to
9336subsections (2)-(6) (2)-(8), but no later than 90 days before
9337commencing construction, the district school board shall in
9338writing request a determination of consistency with the local
9339government's comprehensive plan. The local governing body that
9340regulates the use of land shall determine, in writing within 45
9341days after receiving the necessary information and a school
9342board's request for a determination, whether a proposed
9343educational facility is consistent with the local comprehensive
9344plan and consistent with local land development regulations. If
9345the determination is affirmative, school construction may
9346commence and further local government approvals are not
9347required, except as provided in this section. Failure of the
9348local governing body to make a determination in writing within
934990 days after a district school board's request for a
9350determination of consistency shall be considered an approval of
9351the district school board's application. Campus master plans and
9352development agreements must comply with the provisions of ss.
93531013.30 and 1013.63.
9354     (11)(13)  A local governing body may not deny the site
9355applicant based on adequacy of the site plan as it relates
9356solely to the needs of the school. If the site is consistent
9357with the comprehensive plan's land use policies and categories
9358in which public schools are identified as allowable uses, the
9359local government may not deny the application but it may impose
9360reasonable development standards and conditions in accordance
9361with s. 1013.51(1) and consider the site plan and its adequacy
9362as it relates to environmental concerns, health, safety and
9363welfare, and effects on adjacent property. Standards and
9364conditions may not be imposed which conflict with those
9365established in this chapter or the Florida Building Code, unless
9366mutually agreed and consistent with the interlocal agreement
9367required by subsections (2)-(6) (2)-(8).
9368     (12)(14)  This section does not prohibit a local governing
9369body and district school board from agreeing and establishing an
9370alternative process for reviewing a proposed educational
9371facility and site plan, and offsite impacts, pursuant to an
9372interlocal agreement adopted in accordance with subsections (2)-
9373(6) (2)-(8).
9374     (13)(15)  Existing schools shall be considered consistent
9375with the applicable local government comprehensive plan adopted
9376under part II of chapter 163. If a board submits an application
9377to expand an existing school site, the local governing body may
9378impose reasonable development standards and conditions on the
9379expansion only, and in a manner consistent with s. 1013.51(1).
9380Standards and conditions may not be imposed which conflict with
9381those established in this chapter or the Florida Building Code,
9382unless mutually agreed. Local government review or approval is
9383not required for:
9384     (a)  The placement of temporary or portable classroom
9385facilities; or
9386     (b)  Proposed renovation or construction on existing school
9387sites, with the exception of construction that changes the
9388primary use of a facility, includes stadiums, or results in a
9389greater than 5 percent increase in student capacity, or as
9390mutually agreed upon, pursuant to an interlocal agreement
9391adopted in accordance with subsections (2)-(6)(8).
9392     Section 71.  Paragraph (b) of subsection (2) of section
93931013.35, Florida Statutes, is amended to read:
9394     1013.35  School district educational facilities plan;
9395definitions; preparation, adoption, and amendment; long-term
9396work programs.-
9397     (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
9398FACILITIES PLAN.-
9399     (b)  The plan must also include a financially feasible
9400district facilities work program for a 5-year period. The work
9401program must include:
9402     1.  A schedule of major repair and renovation projects
9403necessary to maintain the educational facilities and ancillary
9404facilities of the district.
9405     2.  A schedule of capital outlay projects necessary to
9406ensure the availability of satisfactory student stations for the
9407projected student enrollment in K-12 programs. This schedule
9408shall consider:
9409     a.  The locations, capacities, and planned utilization
9410rates of current educational facilities of the district. The
9411capacity of existing satisfactory facilities, as reported in the
9412Florida Inventory of School Houses must be compared to the
9413capital outlay full-time-equivalent student enrollment as
9414determined by the department, including all enrollment used in
9415the calculation of the distribution formula in s. 1013.64.
9416     b.  The proposed locations of planned facilities, whether
9417those locations are consistent with the comprehensive plans of
9418all affected local governments, and recommendations for
9419infrastructure and other improvements to land adjacent to
9420existing facilities. The provisions of ss. 1013.33(10), (11),
9421and (12), (13), and (14) and 1013.36 must be addressed for new
9422facilities planned within the first 3 years of the work plan, as
9423appropriate.
9424     c.  Plans for the use and location of relocatable
9425facilities, leased facilities, and charter school facilities.
9426     d.  Plans for multitrack scheduling, grade level
9427organization, block scheduling, or other alternatives that
9428reduce the need for additional permanent student stations.
9429     e.  Information concerning average class size and
9430utilization rate by grade level within the district which will
9431result if the tentative district facilities work program is
9432fully implemented.
9433     f.  The number and percentage of district students planned
9434to be educated in relocatable facilities during each year of the
9435tentative district facilities work program. For determining
9436future needs, student capacity may not be assigned to any
9437relocatable classroom that is scheduled for elimination or
9438replacement with a permanent educational facility in the current
9439year of the adopted district educational facilities plan and in
9440the district facilities work program adopted under this section.
9441Those relocatable classrooms clearly identified and scheduled
9442for replacement in a school-board-adopted, financially feasible,
94435-year district facilities work program shall be counted at zero
9444capacity at the time the work program is adopted and approved by
9445the school board. However, if the district facilities work
9446program is changed and the relocatable classrooms are not
9447replaced as scheduled in the work program, the classrooms must
9448be reentered into the system and be counted at actual capacity.
9449Relocatable classrooms may not be perpetually added to the work
9450program or continually extended for purposes of circumventing
9451this section. All relocatable classrooms not identified and
9452scheduled for replacement, including those owned, lease-
9453purchased, or leased by the school district, must be counted at
9454actual student capacity. The district educational facilities
9455plan must identify the number of relocatable student stations
9456scheduled for replacement during the 5-year survey period and
9457the total dollar amount needed for that replacement.
9458     g.  Plans for the closure of any school, including plans
9459for disposition of the facility or usage of facility space, and
9460anticipated revenues.
9461     h.  Projects for which capital outlay and debt service
9462funds accruing under s. 9(d), Art. XII of the State Constitution
9463are to be used shall be identified separately in priority order
9464on a project priority list within the district facilities work
9465program.
9466     3.  The projected cost for each project identified in the
9467district facilities work program. For proposed projects for new
9468student stations, a schedule shall be prepared comparing the
9469planned cost and square footage for each new student station, by
9470elementary, middle, and high school levels, to the low, average,
9471and high cost of facilities constructed throughout the state
9472during the most recent fiscal year for which data is available
9473from the Department of Education.
9474     4.  A schedule of estimated capital outlay revenues from
9475each currently approved source which is estimated to be
9476available for expenditure on the projects included in the
9477district facilities work program.
9478     5.  A schedule indicating which projects included in the
9479district facilities work program will be funded from current
9480revenues projected in subparagraph 4.
9481     6.  A schedule of options for the generation of additional
9482revenues by the district for expenditure on projects identified
9483in the district facilities work program which are not funded
9484under subparagraph 5. Additional anticipated revenues may
9485include effort index grants, SIT Program awards, and Classrooms
9486First funds.
9487     Section 72.  Rules 9J-5 and 9J-11.023, Florida
9488Administrative Code, are repealed, and the Department of State
9489is directed to remove those rules from the Florida
9490Administrative Code.
9491     Section 73.  (1)  Any permit or any other authorization
9492that was extended under section 14 of chapter 2009-96, Laws of
9493Florida, as reauthorized by section 47 of chapter 2010-147, Laws
9494of Florida, is extended and renewed for an additional period of
94952 years after its previously scheduled expiration date. This
9496extension is in addition to the 2-year permit extension provided
9497under section 14 of chapter 2009-96, Laws of Florida, as
9498reauthorized by section 47 of chapter 2010-147, Laws of Florida.
9499This section does not prohibit conversion from the construction
9500phase to the operation phase upon completion of construction.
9501Permits that were extended by a total of 4 years pursuant to
9502section 14 of chapter 2009-96, Laws of Florida, as reauthorized
9503by section 47 of chapter 2010-147, Laws of Florida, and by
9504section 46 of chapter 2010-147, Laws of Florida, cannot be
9505further extended under this provision.
9506     (2)  The commencement and completion dates for any required
9507mitigation associated with a phased construction project shall
9508be extended such that mitigation takes place in the same
9509timeframe relative to the phase as originally permitted.
9510     (3)  The holder of a valid permit or other authorization
9511that is eligible for the 2-year extension shall notify the
9512authorizing agency in writing by December 31, 2011, identifying
9513the specific authorization for which the holder intends to use
9514the extension and the anticipated timeframe for acting on the
9515authorization.
9516     (4)  The extension provided for in subsection (1) does not
9517apply to:
9518     (a)  A permit or other authorization under any programmatic
9519or regional general permit issued by the Army Corps of
9520Engineers.
9521     (b)  A permit or other authorization held by an owner or
9522operator determined to be in significant noncompliance with the
9523conditions of the permit or authorization as established through
9524the issuance of a warning letter or notice of violation, the
9525initiation of formal enforcement, or other equivalent action by
9526the authorizing agency.
9527     (c)  A permit or other authorization, if granted an
9528extension, that would delay or prevent compliance with a court
9529order.
9530     (5)  Permits extended under this section shall continue to
9531be governed by rules in effect at the time the permit was
9532issued, except if it is demonstrated that the rules in effect at
9533the time the permit was issued would create an immediate threat
9534to public safety or health. This subsection applies to any
9535modification of the plans, terms, and conditions of the permit
9536that lessens the environmental impact, except that any such
9537modification may not extend the time limit beyond 2 additional
9538years.
9539     (6)  This section does not impair the authority of a county
9540or municipality to require the owner of a property that has
9541notified the county or municipality of the owner's intention to
9542receive the extension of time granted pursuant to this section
9543to maintain and secure the property in a safe and sanitary
9544condition in compliance with applicable laws and ordinances.
9545     Section 74.  (1)  The state land planning agency, within 60
9546days after the effective date of this act, shall review any
9547administrative or judicial proceeding filed by the agency and
9548pending on the effective date of this act to determine whether
9549the issues raised by the state land planning agency are
9550consistent with the revised provisions of part II of chapter
9551163, Florida Statutes. For each proceeding, if the agency
9552determines that issues have been raised that are not consistent
9553with the revised provisions of part II of chapter 163, Florida
9554Statutes, the agency shall dismiss the proceeding. If the state
9555land planning agency determines that one or more issues have
9556been raised that are consistent with the revised provisions of
9557part II of chapter 163, Florida Statutes, the agency shall amend
9558its petition within 30 days after the determination to plead
9559with particularity as to the manner in which the plan or plan
9560amendment fails to meet the revised provisions of part II of
9561chapter 163, Florida Statutes. If the agency fails to timely
9562file such amended petition, the proceeding shall be dismissed.
9563     (2)  In all proceedings that were initiated by the state
9564land planning agency before the effective date of this act, and
9565continue after that date, the local government's determination
9566that the comprehensive plan or plan amendment is in compliance
9567is presumed to be correct, and the local government's
9568determination shall be sustained unless it is shown by a
9569preponderance of the evidence that the comprehensive plan or
9570plan amendment is not in compliance.
9571     Section 75.  All local governments shall be governed by the
9572revised provisions of s. 163.3191, Florida Statutes,
9573notwithstanding a local government's previous failure to timely
9574adopt its evaluation and appraisal report or evaluation and
9575appraisal report-based amendments by the due dates previously
9576established by the state land planning agency.
9577     Section 76.  A comprehensive plan amendment adopted
9578pursuant to s. 163.32465, Florida Statutes, subject to voter
9579referendum by local charter, and found in compliance before the
9580effective date of this act, may be readopted by ordinance, shall
9581become effective upon approval by the local government, and is
9582not subject to review or challenge pursuant to the provisions of
9583s. 163.32465 or s. 163.3184, Florida Statutes.
9584     Section 77.  The Department of Transportation shall develop
9585and submit to the President of the Senate and the Speaker of the
9586House of Representatives, no later than December 15, 2011, a
9587report on recommended changes to or alternatives to the
9588calculation of the proportionate share contribution in s.
9589163.3180(5)(h)3., Florida Statutes. The departm