Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 842
       
       
       
       
       
       
                                Barcode 805156                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2012           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 163.3167, Florida
    6  Statutes, is amended to read:
    7         163.3167 Scope of act.—
    8         (8) An initiative or referendum process in regard to any
    9  development order or in regard to any local comprehensive plan
   10  amendment or map amendment is prohibited. However, any local
   11  government charter provision that was in effect as of June 1,
   12  2011, for an initiative or referendum process in regard to
   13  development orders or in regard to local comprehensive plan
   14  amendments or map amendments may be retained and implemented.
   15         Section 2. Paragraph (b) of subsection (4) of section
   16  163.3174, Florida Statutes, is amended to read:
   17         163.3174 Local planning agency.—
   18         (4) The local planning agency shall have the general
   19  responsibility for the conduct of the comprehensive planning
   20  program. Specifically, the local planning agency shall:
   21         (b) Monitor and oversee the effectiveness and status of the
   22  comprehensive plan and recommend to the governing body such
   23  changes in the comprehensive plan as may from time to time be
   24  required, including the periodic evaluation and appraisal of the
   25  comprehensive plan preparation of the periodic reports required
   26  by s. 163.3191.
   27         Section 3. Subsections (5) and (6) of section 163.3175,
   28  Florida Statutes, are amended to read
   29         163.3175 Legislative findings on compatibility of
   30  development with military installations; exchange of information
   31  between local governments and military installations.—
   32         (5) The commanding officer or his or her designee may
   33  provide comments to the affected local government on the impact
   34  such proposed changes may have on the mission of the military
   35  installation. Such comments may include:
   36         (a) If the installation has an airfield, whether such
   37  proposed changes will be incompatible with the safety and noise
   38  standards contained in the Air Installation Compatible Use Zone
   39  (AICUZ) adopted by the military installation for that airfield;
   40         (b) Whether such changes are incompatible with the
   41  Installation Environmental Noise Management Program (IENMP) of
   42  the United States Army;
   43         (c) Whether such changes are incompatible with the findings
   44  of a Joint Land Use Study (JLUS) for the area if one has been
   45  completed; and
   46         (d) Whether the military installation’s mission will be
   47  adversely affected by the proposed actions of the county or
   48  affected local government.
   49  
   50  The commanding officer’s comments, underlying studies, and
   51  reports shall be considered by the local government in the same
   52  manner as the comments received from other reviewing agencies
   53  pursuant to s. 163.3184 are not binding on the local government.
   54         (6) The affected local government shall take into
   55  consideration any comments provided by the commanding officer or
   56  his or her designee pursuant to subsection (4) as they relate to
   57  the strategic mission of the base, public safety, and the
   58  economic vitality associated with the base’s operation, while
   59  also respecting and must also be sensitive to private property
   60  rights and not be unduly restrictive on those rights. The
   61  affected local government shall forward a copy of any comments
   62  regarding comprehensive plan amendments to the state land
   63  planning agency.
   64         Section 4. Paragraph (h) of subsection (6) of section
   65  163.3177, Florida Statutes, is amended to read:
   66         163.3177 Required and optional elements of comprehensive
   67  plan; studies and surveys.—
   68         (6) In addition to the requirements of subsections (1)-(5),
   69  the comprehensive plan shall include the following elements:
   70         (h)1. An intergovernmental coordination element showing
   71  relationships and stating principles and guidelines to be used
   72  in coordinating the adopted comprehensive plan with the plans of
   73  school boards, regional water supply authorities, and other
   74  units of local government providing services but not having
   75  regulatory authority over the use of land, with the
   76  comprehensive plans of adjacent municipalities, the county,
   77  adjacent counties, or the region, with the state comprehensive
   78  plan and with the applicable regional water supply plan approved
   79  pursuant to s. 373.709, as the case may require and as such
   80  adopted plans or plans in preparation may exist. This element of
   81  the local comprehensive plan must demonstrate consideration of
   82  the particular effects of the local plan, when adopted, upon the
   83  development of adjacent municipalities, the county, adjacent
   84  counties, or the region, or upon the state comprehensive plan,
   85  as the case may require.
   86         a. The intergovernmental coordination element must provide
   87  procedures for identifying and implementing joint planning
   88  areas, especially for the purpose of annexation, municipal
   89  incorporation, and joint infrastructure service areas.
   90         b. The intergovernmental coordination element shall provide
   91  for a dispute resolution process, as established pursuant to s.
   92  186.509, for bringing intergovernmental disputes to closure in a
   93  timely manner.
   94         c. The intergovernmental coordination element shall provide
   95  for interlocal agreements as established pursuant to s.
   96  333.03(1)(b).
   97         2. The intergovernmental coordination element shall also
   98  state principles and guidelines to be used in coordinating the
   99  adopted comprehensive plan with the plans of school boards and
  100  other units of local government providing facilities and
  101  services but not having regulatory authority over the use of
  102  land. In addition, the intergovernmental coordination element
  103  must describe joint processes for collaborative planning and
  104  decisionmaking on population projections and public school
  105  siting, the location and extension of public facilities subject
  106  to concurrency, and siting facilities with countywide
  107  significance, including locally unwanted land uses whose nature
  108  and identity are established in an agreement.
  109         3. Within 1 year after adopting their intergovernmental
  110  coordination elements, each county, all the municipalities
  111  within that county, the district school board, and any unit of
  112  local government service providers in that county shall
  113  establish by interlocal or other formal agreement executed by
  114  all affected entities, the joint processes described in this
  115  subparagraph consistent with their adopted intergovernmental
  116  coordination elements. The agreement element must:
  117         a. Ensure that the local government addresses through
  118  coordination mechanisms the impacts of development proposed in
  119  the local comprehensive plan upon development in adjacent
  120  municipalities, the county, adjacent counties, the region, and
  121  the state. The area of concern for municipalities includes shall
  122  include adjacent municipalities, the county, and counties
  123  adjacent to the municipality. The area of concern for counties
  124  includes shall include all municipalities within the county,
  125  adjacent counties, and adjacent municipalities.
  126         b. Ensure coordination in establishing level of service
  127  standards for public facilities with any state, regional, or
  128  local entity having operational and maintenance responsibility
  129  for such facilities.
  130         Section 5. Subsections (3) and (4) are added to section
  131  163.31777, Florida Statutes, to read:
  132         163.31777 Public schools interlocal agreement.—
  133         (3) A municipality is exempt from the requirements of
  134  subsections (1) and (2) if the municipality meets all of the
  135  following criteria for having no significant impact on school
  136  attendance:
  137         (a) The municipality has issued development orders for
  138  fewer than 50 residential dwelling units during the preceding 5
  139  years, or the municipality has generated fewer than 25
  140  additional public school students during the preceding 5 years.
  141         (b) The municipality has not annexed new land during the
  142  preceding 5 years in land use categories that permit residential
  143  uses that will affect school attendance rates.
  144         (c) The municipality has no public schools located within
  145  its boundaries.
  146         (d) At least 80 percent of the developable land within the
  147  boundaries of the municipality has been built upon.
  148         (4) At the time of the evaluation and appraisal of its
  149  comprehensive plan pursuant to s. 163.3191, each exempt
  150  municipality shall assess the extent to which it continues to
  151  meet the criteria for exemption under subsection (3). If the
  152  municipality continues to meet the criteria for exemption under
  153  subsection (3), the municipality shall continue to be exempt
  154  from the interlocal-agreement requirement. Each municipality
  155  exempt under subsection (3) must comply with this section within
  156  1 year after the district school board proposes, in its 5-year
  157  district facilities work program, a new school within the
  158  municipality’s jurisdiction.
  159         Section 6. Subsections (3) and (6) of section 163.3178,
  160  Florida Statutes, are amended to read:
  161         163.3178 Coastal management.—
  162         (3) Expansions to port harbors, spoil disposal sites,
  163  navigation channels, turning basins, harbor berths, and other
  164  related inwater harbor facilities of ports listed in s.
  165  403.021(9); port transportation facilities and projects listed
  166  in s. 311.07(3)(b); intermodal transportation facilities
  167  identified pursuant to s. 311.09(3); and facilities determined
  168  by the state land planning agency Department of Community
  169  Affairs and applicable general-purpose local government to be
  170  port-related industrial or commercial projects located within 3
  171  miles of or in a port master plan area which rely upon the use
  172  of port and intermodal transportation facilities shall not be
  173  designated as developments of regional impact if such
  174  expansions, projects, or facilities are consistent with
  175  comprehensive master plans that are in compliance with this
  176  section.
  177         (6) Local governments are encouraged to adopt countywide
  178  marina siting plans to designate sites for existing and future
  179  marinas. The Coastal Resources Interagency Management Committee,
  180  at the direction of the Legislature, shall identify incentives
  181  to encourage local governments to adopt such siting plans and
  182  uniform criteria and standards to be used by local governments
  183  to implement state goals, objectives, and policies relating to
  184  marina siting. These criteria must ensure that priority is given
  185  to water-dependent land uses. Countywide marina siting plans
  186  must be consistent with state and regional environmental
  187  planning policies and standards. Each local government in the
  188  coastal area which participates in adoption of a countywide
  189  marina siting plan shall incorporate the plan into the coastal
  190  management element of its local comprehensive plan.
  191         Section 7. Paragraph (a) of subsection (1) and paragraphs
  192  (a), (i), (j), and (k) of subsection (6) of section 163.3180,
  193  Florida Statutes, are amended to read:
  194         163.3180 Concurrency.—
  195         (1) Sanitary sewer, solid waste, drainage, and potable
  196  water are the only public facilities and services subject to the
  197  concurrency requirement on a statewide basis. Additional public
  198  facilities and services may not be made subject to concurrency
  199  on a statewide basis without approval by the Legislature;
  200  however, any local government may extend the concurrency
  201  requirement so that it applies to additional public facilities
  202  within its jurisdiction.
  203         (a) If concurrency is applied to other public facilities,
  204  the local government comprehensive plan must provide the
  205  principles, guidelines, standards, and strategies, including
  206  adopted levels of service, to guide its application. In order
  207  for a local government to rescind any optional concurrency
  208  provisions, a comprehensive plan amendment is required. An
  209  amendment rescinding optional concurrency issues shall be
  210  processed under the expedited state review process in s.
  211  163.3184(3), but the amendment is not subject to state review
  212  and is not required to be transmitted to the reviewing agencies
  213  for comments, except that the local government shall transmit
  214  the amendment to any local government or government agency that
  215  has filed a request with the governing body, and for municipal
  216  amendments, the amendment shall be transmitted to the county in
  217  which the municipality is located. For informational purposes
  218  only, a copy of the adopted amendment shall be provided to the
  219  state land planning agency. A copy of the adopted amendment
  220  shall also be provided to the Department of Transportation if
  221  the amendment rescinds transportation concurrency and to the
  222  Department of Education if the amendment rescinds school
  223  concurrency.
  224         (6)(a) Local governments that apply If concurrency is
  225  applied to public education facilities, all local governments
  226  within a county, except as provided in paragraph (i), shall
  227  include principles, guidelines, standards, and strategies,
  228  including adopted levels of service, in their comprehensive
  229  plans and interlocal agreements. The choice of one or more
  230  municipalities to not adopt school concurrency and enter into
  231  the interlocal agreement does not preclude implementation of
  232  school concurrency within other jurisdictions of the school
  233  district if the county and one or more municipalities have
  234  adopted school concurrency into their comprehensive plan and
  235  interlocal agreement that represents at least 80 percent of the
  236  total countywide population, the failure of one or more
  237  municipalities to adopt the concurrency and enter into the
  238  interlocal agreement does not preclude implementation of school
  239  concurrency within jurisdictions of the school district that
  240  have opted to implement concurrency. All local government
  241  provisions included in comprehensive plans regarding school
  242  concurrency within a county must be consistent with each other
  243  as well as the requirements of this part.
  244         (i) A municipality is not required to be a signatory to the
  245  interlocal agreement required by paragraph (j), as a
  246  prerequisite for imposition of school concurrency, and as a
  247  nonsignatory, may not participate in the adopted local school
  248  concurrency system, if the municipality meets all of the
  249  following criteria for having no significant impact on school
  250  attendance:
  251         1. The municipality has issued development orders for fewer
  252  than 50 residential dwelling units during the preceding 5 years,
  253  or the municipality has generated fewer than 25 additional
  254  public school students during the preceding 5 years.
  255         2. The municipality has not annexed new land during the
  256  preceding 5 years in land use categories which permit
  257  residential uses that will affect school attendance rates.
  258         3. The municipality has no public schools located within
  259  its boundaries.
  260         4. At least 80 percent of the developable land within the
  261  boundaries of the municipality has been built upon.
  262         (i)(j) When establishing concurrency requirements for
  263  public schools, a local government must enter into an interlocal
  264  agreement that satisfies the requirements in ss.
  265  163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
  266  this subsection. The interlocal agreement shall acknowledge both
  267  the school board’s constitutional and statutory obligations to
  268  provide a uniform system of free public schools on a countywide
  269  basis, and the land use authority of local governments,
  270  including their authority to approve or deny comprehensive plan
  271  amendments and development orders. The interlocal agreement
  272  shall meet the following requirements:
  273         1. Establish the mechanisms for coordinating the
  274  development, adoption, and amendment of each local government’s
  275  school concurrency related provisions of the comprehensive plan
  276  with each other and the plans of the school board to ensure a
  277  uniform districtwide school concurrency system.
  278         2. Specify uniform, districtwide level-of-service standards
  279  for public schools of the same type and the process for
  280  modifying the adopted level-of-service standards.
  281         3. Define the geographic application of school concurrency.
  282  If school concurrency is to be applied on a less than
  283  districtwide basis in the form of concurrency service areas, the
  284  agreement shall establish criteria and standards for the
  285  establishment and modification of school concurrency service
  286  areas. The agreement shall ensure maximum utilization of school
  287  capacity, taking into account transportation costs and court
  288  approved desegregation plans, as well as other factors.
  289         4. Establish a uniform districtwide procedure for
  290  implementing school concurrency which provides for:
  291         a. The evaluation of development applications for
  292  compliance with school concurrency requirements, including
  293  information provided by the school board on affected schools,
  294  impact on levels of service, and programmed improvements for
  295  affected schools and any options to provide sufficient capacity;
  296         b. An opportunity for the school board to review and
  297  comment on the effect of comprehensive plan amendments and
  298  rezonings on the public school facilities plan; and
  299         c. The monitoring and evaluation of the school concurrency
  300  system.
  301         5. A process and uniform methodology for determining
  302  proportionate-share mitigation pursuant to paragraph (h).
  303         (j)(k) This subsection does not limit the authority of a
  304  local government to grant or deny a development permit or its
  305  functional equivalent prior to the implementation of school
  306  concurrency.
  307         Section 8. Paragraphs (b) and (c) of subsection (3),
  308  paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
  309  and (e) of subsection (5), paragraph (f) of subsection (6), and
  310  subsection (12) of section 163.3184, Florida Statutes, are
  311  amended to read:
  312         163.3184 Process for adoption of comprehensive plan or plan
  313  amendment.—
  314         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
  315  COMPREHENSIVE PLAN AMENDMENTS.—
  316         (b)1. The local government, after the initial public
  317  hearing held pursuant to subsection (11), shall transmit within
  318  10 calendar days the amendment or amendments and appropriate
  319  supporting data and analyses to the reviewing agencies. The
  320  local governing body shall also transmit a copy of the
  321  amendments and supporting data and analyses to any other local
  322  government or governmental agency that has filed a written
  323  request with the governing body.
  324         2. The reviewing agencies and any other local government or
  325  governmental agency specified in subparagraph 1. may provide
  326  comments regarding the amendment or amendments to the local
  327  government. State agencies shall only comment on important state
  328  resources and facilities that will be adversely impacted by the
  329  amendment if adopted. Comments provided by state agencies shall
  330  state with specificity how the plan amendment will adversely
  331  impact an important state resource or facility and shall
  332  identify measures the local government may take to eliminate,
  333  reduce, or mitigate the adverse impacts. Such comments, if not
  334  resolved, may result in a challenge by the state land planning
  335  agency to the plan amendment. Agencies and local governments
  336  must transmit their comments to the affected local government
  337  such that they are received by the local government not later
  338  than 30 days from the date on which the agency or government
  339  received the amendment or amendments. Reviewing agencies shall
  340  also send a copy of their comments to the state land planning
  341  agency.
  342         3. Comments to the local government from a regional
  343  planning council, county, or municipality shall be limited as
  344  follows:
  345         a. The regional planning council review and comments shall
  346  be limited to adverse effects on regional resources or
  347  facilities identified in the strategic regional policy plan and
  348  extrajurisdictional impacts that would be inconsistent with the
  349  comprehensive plan of any affected local government within the
  350  region. A regional planning council may not review and comment
  351  on a proposed comprehensive plan amendment prepared by such
  352  council unless the plan amendment has been changed by the local
  353  government subsequent to the preparation of the plan amendment
  354  by the regional planning council.
  355         b. County comments shall be in the context of the
  356  relationship and effect of the proposed plan amendments on the
  357  county plan.
  358         c. Municipal comments shall be in the context of the
  359  relationship and effect of the proposed plan amendments on the
  360  municipal plan.
  361         d. Military installation comments shall be provided in
  362  accordance with s. 163.3175.
  363         4. Comments to the local government from state agencies
  364  shall be limited to the following subjects as they relate to
  365  important state resources and facilities that will be adversely
  366  impacted by the amendment if adopted:
  367         a. The Department of Environmental Protection shall limit
  368  its comments to the subjects of air and water pollution;
  369  wetlands and other surface waters of the state; federal and
  370  state-owned lands and interest in lands, including state parks,
  371  greenways and trails, and conservation easements; solid waste;
  372  water and wastewater treatment; and the Everglades ecosystem
  373  restoration.
  374         b. The Department of State shall limit its comments to the
  375  subjects of historic and archaeological resources.
  376         c. The Department of Transportation shall limit its
  377  comments to issues within the agency’s jurisdiction as it
  378  relates to transportation resources and facilities of state
  379  importance.
  380         d. The Fish and Wildlife Conservation Commission shall
  381  limit its comments to subjects relating to fish and wildlife
  382  habitat and listed species and their habitat.
  383         e. The Department of Agriculture and Consumer Services
  384  shall limit its comments to the subjects of agriculture,
  385  forestry, and aquaculture issues.
  386         f. The Department of Education shall limit its comments to
  387  the subject of public school facilities.
  388         g. The appropriate water management district shall limit
  389  its comments to flood protection and floodplain management,
  390  wetlands and other surface waters, and regional water supply.
  391         h. The state land planning agency shall limit its comments
  392  to important state resources and facilities outside the
  393  jurisdiction of other commenting state agencies and may include
  394  comments on countervailing planning policies and objectives
  395  served by the plan amendment that should be balanced against
  396  potential adverse impacts to important state resources and
  397  facilities.
  398         (c)1. The local government shall hold its second public
  399  hearing, which shall be a hearing on whether to adopt one or
  400  more comprehensive plan amendments pursuant to subsection (11).
  401  If the local government fails, within 180 days after receipt of
  402  agency comments, to hold the second public hearing, the
  403  amendments shall be deemed withdrawn unless extended by
  404  agreement with notice to the state land planning agency and any
  405  affected person that provided comments on the amendment. The
  406  180-day limitation does not apply to amendments processed
  407  pursuant to s. 380.06.
  408         2. All comprehensive plan amendments adopted by the
  409  governing body, along with the supporting data and analysis,
  410  shall be transmitted within 10 calendar days after the second
  411  public hearing to the state land planning agency and any other
  412  agency or local government that provided timely comments under
  413  subparagraph (b)2.
  414         3. The state land planning agency shall notify the local
  415  government of any deficiencies within 5 working days after
  416  receipt of an amendment package. For purposes of completeness,
  417  an amendment shall be deemed complete if it contains a full,
  418  executed copy of the adoption ordinance or ordinances; in the
  419  case of a text amendment, a full copy of the amended language in
  420  legislative format with new words inserted in the text
  421  underlined, and words deleted stricken with hyphens; in the case
  422  of a future land use map amendment, a copy of the future land
  423  use map clearly depicting the parcel, its existing future land
  424  use designation, and its adopted designation; and a copy of any
  425  data and analyses the local government deems appropriate.
  426         4. An amendment adopted under this paragraph does not
  427  become effective until 31 days after the state land planning
  428  agency notifies the local government that the plan amendment
  429  package is complete. If timely challenged, an amendment does not
  430  become effective until the state land planning agency or the
  431  Administration Commission enters a final order determining the
  432  adopted amendment to be in compliance.
  433         (4) STATE COORDINATED REVIEW PROCESS.—
  434         (b) Local government transmittal of proposed plan or
  435  amendment.—Each local governing body proposing a plan or plan
  436  amendment specified in paragraph (2)(c) shall transmit the
  437  complete proposed comprehensive plan or plan amendment to the
  438  reviewing agencies within 10 calendar days after immediately
  439  following the first public hearing pursuant to subsection (11).
  440  The transmitted document shall clearly indicate on the cover
  441  sheet that this plan amendment is subject to the state
  442  coordinated review process of this subsection. The local
  443  governing body shall also transmit a copy of the complete
  444  proposed comprehensive plan or plan amendment to any other unit
  445  of local government or government agency in the state that has
  446  filed a written request with the governing body for the plan or
  447  plan amendment.
  448         (e) Local government review of comments; adoption of plan
  449  or amendments and transmittal.—
  450         1. The local government shall review the report submitted
  451  to it by the state land planning agency, if any, and written
  452  comments submitted to it by any other person, agency, or
  453  government. The local government, upon receipt of the report
  454  from the state land planning agency, shall hold its second
  455  public hearing, which shall be a hearing to determine whether to
  456  adopt the comprehensive plan or one or more comprehensive plan
  457  amendments pursuant to subsection (11). If the local government
  458  fails to hold the second hearing within 180 days after receipt
  459  of the state land planning agency’s report, the amendments shall
  460  be deemed withdrawn unless extended by agreement with notice to
  461  the state land planning agency and any affected person that
  462  provided comments on the amendment. The 180-day limitation does
  463  not apply to amendments processed pursuant to s. 380.06.
  464         2. All comprehensive plan amendments adopted by the
  465  governing body, along with the supporting data and analysis,
  466  shall be transmitted within 10 calendar days after the second
  467  public hearing to the state land planning agency and any other
  468  agency or local government that provided timely comments under
  469  paragraph (c).
  470         3. The state land planning agency shall notify the local
  471  government of any deficiencies within 5 working days after
  472  receipt of a plan or plan amendment package. For purposes of
  473  completeness, a plan or plan amendment shall be deemed complete
  474  if it contains a full, executed copy of the adoption ordinance
  475  or ordinances; in the case of a text amendment, a full copy of
  476  the amended language in legislative format with new words
  477  inserted in the text underlined, and words deleted stricken with
  478  hyphens; in the case of a future land use map amendment, a copy
  479  of the future land use map clearly depicting the parcel, its
  480  existing future land use designation, and its adopted
  481  designation; and a copy of any data and analyses the local
  482  government deems appropriate.
  483         4. After the state land planning agency makes a
  484  determination of completeness regarding the adopted plan or plan
  485  amendment, the state land planning agency shall have 45 days to
  486  determine if the plan or plan amendment is in compliance with
  487  this act. Unless the plan or plan amendment is substantially
  488  changed from the one commented on, the state land planning
  489  agency’s compliance determination shall be limited to objections
  490  raised in the objections, recommendations, and comments report.
  491  During the period provided for in this subparagraph, the state
  492  land planning agency shall issue, through a senior administrator
  493  or the secretary, a notice of intent to find that the plan or
  494  plan amendment is in compliance or not in compliance. The state
  495  land planning agency shall post a copy of the notice of intent
  496  on the agency’s Internet website. Publication by the state land
  497  planning agency of the notice of intent on the state land
  498  planning agency’s Internet site shall be prima facie evidence of
  499  compliance with the publication requirements of this
  500  subparagraph.
  501         5. A plan or plan amendment adopted under the state
  502  coordinated review process shall go into effect pursuant to the
  503  state land planning agency’s notice of intent. If timely
  504  challenged, an amendment does not become effective until the
  505  state land planning agency or the Administration Commission
  506  enters a final order determining the adopted amendment to be in
  507  compliance.
  508         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  509  AMENDMENTS.—
  510         (b) The state land planning agency may file a petition with
  511  the Division of Administrative Hearings pursuant to ss. 120.569
  512  and 120.57, with a copy served on the affected local government,
  513  to request a formal hearing to challenge whether the plan or
  514  plan amendment is in compliance as defined in paragraph (1)(b).
  515  The state land planning agency’s petition must clearly state the
  516  reasons for the challenge. Under the expedited state review
  517  process, this petition must be filed with the division within 30
  518  days after the state land planning agency notifies the local
  519  government that the plan amendment package is complete according
  520  to subparagraph (3)(c)3. Under the state coordinated review
  521  process, this petition must be filed with the division within 45
  522  days after the state land planning agency notifies the local
  523  government that the plan amendment package is complete according
  524  to subparagraph (4)(e)3 (3)(c)3.
  525         1. The state land planning agency’s challenge to plan
  526  amendments adopted under the expedited state review process
  527  shall be limited to the comments provided by the reviewing
  528  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  529  determination by the state land planning agency that an
  530  important state resource or facility will be adversely impacted
  531  by the adopted plan amendment. The state land planning agency’s
  532  petition shall state with specificity how the plan amendment
  533  will adversely impact the important state resource or facility.
  534  The state land planning agency may challenge a plan amendment
  535  that has substantially changed from the version on which the
  536  agencies provided comments but only upon a determination by the
  537  state land planning agency that an important state resource or
  538  facility will be adversely impacted.
  539         2. If the state land planning agency issues a notice of
  540  intent to find the comprehensive plan or plan amendment not in
  541  compliance with this act, the notice of intent shall be
  542  forwarded to the Division of Administrative Hearings of the
  543  Department of Management Services, which shall conduct a
  544  proceeding under ss. 120.569 and 120.57 in the county of and
  545  convenient to the affected local jurisdiction. The parties to
  546  the proceeding shall be the state land planning agency, the
  547  affected local government, and any affected person who
  548  intervenes. A No new issue may not be alleged as a reason to
  549  find a plan or plan amendment not in compliance in an
  550  administrative pleading filed more than 21 days after
  551  publication of notice unless the party seeking that issue
  552  establishes good cause for not alleging the issue within that
  553  time period. Good cause does not include excusable neglect.
  554         (d) If the administrative law judge recommends that the
  555  amendment be found not in compliance, the judge shall submit the
  556  recommended order to the Administration Commission for final
  557  agency action. The Administration Commission shall make every
  558  effort to enter a final order expeditiously, but at a minimum,
  559  within the time period provided by s. 120.569 45 days after its
  560  receipt of the recommended order.
  561         (e) If the administrative law judge recommends that the
  562  amendment be found in compliance, the judge shall submit the
  563  recommended order to the state land planning agency.
  564         1. If the state land planning agency determines that the
  565  plan amendment should be found not in compliance, the agency
  566  shall make every effort to refer, within 30 days after receipt
  567  of the recommended order, the recommended order and its
  568  determination expeditiously to the Administration Commission for
  569  final agency action, but at a minimum within the time period
  570  provided by 120.569.
  571         2. If the state land planning agency determines that the
  572  plan amendment should be found in compliance, the agency shall
  573  enter its final order expeditiously, but at a minimum, within
  574  the time period provided by s. 120.569 not later than 30 days
  575  after receipt of the recommended order.
  576         (6) COMPLIANCE AGREEMENT.—
  577         (f) For challenges to amendments adopted under the state
  578  coordinated process, the state land planning agency, upon
  579  receipt of a plan or plan amendment adopted pursuant to a
  580  compliance agreement, shall issue a cumulative notice of intent
  581  addressing both the remedial amendment and the plan or plan
  582  amendment that was the subject of the agreement within 20 days
  583  after receiving a complete plan or plan amendment adopted
  584  pursuant to a compliance agreement.
  585         1. If the local government adopts a comprehensive plan or
  586  plan amendment pursuant to a compliance agreement and a notice
  587  of intent to find the plan amendment in compliance is issued,
  588  the state land planning agency shall forward the notice of
  589  intent to the Division of Administrative Hearings and the
  590  administrative law judge shall realign the parties in the
  591  pending proceeding under ss. 120.569 and 120.57, which shall
  592  thereafter be governed by the process contained in paragraph
  593  (5)(a) and subparagraph (5)(c)1., including provisions relating
  594  to challenges by an affected person, burden of proof, and issues
  595  of a recommended order and a final order. Parties to the
  596  original proceeding at the time of realignment may continue as
  597  parties without being required to file additional pleadings to
  598  initiate a proceeding, but may timely amend their pleadings to
  599  raise any challenge to the amendment that is the subject of the
  600  cumulative notice of intent, and must otherwise conform to the
  601  rules of procedure of the Division of Administrative Hearings.
  602  Any affected person not a party to the realigned proceeding may
  603  challenge the plan amendment that is the subject of the
  604  cumulative notice of intent by filing a petition with the agency
  605  as provided in subsection (5). The agency shall forward the
  606  petition filed by the affected person not a party to the
  607  realigned proceeding to the Division of Administrative Hearings
  608  for consolidation with the realigned proceeding. If the
  609  cumulative notice of intent is not challenged, the state land
  610  planning agency shall request that the Division of
  611  Administrative Hearings relinquish jurisdiction to the state
  612  land planning agency for issuance of a final order.
  613         2. If the local government adopts a comprehensive plan
  614  amendment pursuant to a compliance agreement and a notice of
  615  intent is issued that finds the plan amendment not in
  616  compliance, the state land planning agency shall forward the
  617  notice of intent to the Division of Administrative Hearings,
  618  which shall consolidate the proceeding with the pending
  619  proceeding and immediately set a date for a hearing in the
  620  pending proceeding under ss. 120.569 and 120.57. Affected
  621  persons who are not a party to the underlying proceeding under
  622  ss. 120.569 and 120.57 may challenge the plan amendment adopted
  623  pursuant to the compliance agreement by filing a petition
  624  pursuant to paragraph (5)(a).
  625         (12) CONCURRENT ZONING.—At the request of an applicant, a
  626  local government shall consider an application for zoning
  627  changes that would be required to properly enact any proposed
  628  plan amendment transmitted pursuant to this section subsection.
  629  Zoning changes approved by the local government are contingent
  630  upon the comprehensive plan or plan amendment transmitted
  631  becoming effective.
  632         Section 9. Subsection (3) of section 163.3191, Florida
  633  Statutes, is amended to read:
  634         163.3191 Evaluation and appraisal of comprehensive plan.—
  635         (3) Local governments are encouraged to comprehensively
  636  evaluate and, as necessary, update comprehensive plans to
  637  reflect changes in local conditions. Plan amendments transmitted
  638  pursuant to this section shall be reviewed pursuant to s.
  639  163.3184(4) in accordance with s. 163.3184.
  640         Section 10. Subsections (1) and (7) of section 163.3245,
  641  Florida Statutes, are amended, and present subsections (8)
  642  through (14) of that section are redesignated as subsections (7)
  643  through (13), respectively, to read:
  644         163.3245 Sector plans.—
  645         (1) In recognition of the benefits of long-range planning
  646  for specific areas, local governments or combinations of local
  647  governments may adopt into their comprehensive plans a sector
  648  plan in accordance with this section. This section is intended
  649  to promote and encourage long-term planning for conservation,
  650  development, and agriculture on a landscape scale; to further
  651  support the intent of s. 163.3177(11), which supports innovative
  652  and flexible planning and development strategies, and the
  653  purposes of this part and part I of chapter 380; to facilitate
  654  protection of regionally significant resources, including, but
  655  not limited to, regionally significant water courses and
  656  wildlife corridors; and to avoid duplication of effort in terms
  657  of the level of data and analysis required for a development of
  658  regional impact, while ensuring the adequate mitigation of
  659  impacts to applicable regional resources and facilities,
  660  including those within the jurisdiction of other local
  661  governments, as would otherwise be provided. Sector plans are
  662  intended for substantial geographic areas that include at least
  663  15,000 acres of one or more local governmental jurisdictions and
  664  are to emphasize urban form and protection of regionally
  665  significant resources and public facilities. A sector plan may
  666  not be adopted in an area of critical state concern.
  667         (7) Beginning December 1, 1999, and each year thereafter,
  668  the department shall provide a status report to the President of
  669  the Senate and the Speaker of the House of Representatives
  670  regarding each optional sector plan authorized under this
  671  section.
  672         Section 11. Paragraph (d) of subsection (2) of section
  673  186.002, Florida Statutes, is amended to read:
  674         186.002 Findings and intent.—
  675         (2) It is the intent of the Legislature that:
  676         (d) The state planning process shall be informed and guided
  677  by the experience of public officials at all levels of
  678  government. In preparing any plans or proposed revisions or
  679  amendments required by this chapter, the Governor shall consider
  680  the experience of and information provided by local governments
  681  in their evaluation and appraisal reports pursuant to s.
  682  163.3191.
  683         Section 12. Subsection (8) of section 186.007, Florida
  684  Statutes, is amended to read:
  685         186.007 State comprehensive plan; preparation; revision.—
  686         (8) The revision of the state comprehensive plan is a
  687  continuing process. Each section of the plan shall be reviewed
  688  and analyzed biennially by the Executive Office of the Governor
  689  in conjunction with the planning officers of other state
  690  agencies significantly affected by the provisions of the
  691  particular section under review. In conducting this review and
  692  analysis, the Executive Office of the Governor shall review and
  693  consider, with the assistance of the state land planning agency
  694  and regional planning councils, the evaluation and appraisal
  695  reports submitted pursuant to s. 163.3191 and the evaluation and
  696  appraisal reports prepared pursuant to s. 186.511. Any necessary
  697  revisions of the state comprehensive plan shall be proposed by
  698  the Governor in a written report and be accompanied by an
  699  explanation of the need for such changes. If the Governor
  700  determines that changes are unnecessary, the written report must
  701  explain why changes are unnecessary. The proposed revisions and
  702  accompanying explanations may be submitted in the report
  703  required by s. 186.031. Any proposed revisions to the plan shall
  704  be submitted to the Legislature as provided in s. 186.008(2) at
  705  least 30 days before prior to the regular legislative session
  706  occurring in each even-numbered year.
  707         Section 13. Subsections (8) and (20) of section 186.505,
  708  Florida Statutes, are amended to read:
  709         186.505 Regional planning councils; powers and duties.—Any
  710  regional planning council created hereunder shall have the
  711  following powers:
  712         (8) To accept and receive, in furtherance of its functions,
  713  funds, grants, and services from the Federal Government or its
  714  agencies; from departments, agencies, and instrumentalities of
  715  state, municipal, or local government; or from private or civic
  716  sources, except as prohibited by subsection (20). Each regional
  717  planning council shall render an accounting of the receipt and
  718  disbursement of all funds received by it, pursuant to the
  719  federal Older Americans Act, to the Legislature no later than
  720  March 1 of each year. Before accepting a grant, a regional
  721  planning council must make a formal public determination that
  722  the purpose of the grant is in furtherance of the council’s
  723  functions and will not diminish the council’s ability to fund
  724  and accomplish its statutory functions.
  725         (20) To provide technical assistance to local governments
  726  on growth management matters. However, a regional planning
  727  council may not provide consulting services for a fee to a local
  728  government for a project for which the council also serves in a
  729  review capacity or provide consulting services to a private
  730  developer or landowner for a project for which the council may
  731  also serve in a review capacity in the future.
  732         Section 14. Subsection (1) of section 186.508, Florida
  733  Statutes, is amended to read:
  734         186.508 Strategic regional policy plan adoption;
  735  consistency with state comprehensive plan.—
  736         (1) Each regional planning council shall submit to the
  737  Executive Office of the Governor its proposed strategic regional
  738  policy plan on a schedule established by the Executive Office of
  739  the Governor to coordinate implementation of the strategic
  740  regional policy plans with the evaluation and appraisal process
  741  reports required by s. 163.3191. The Executive Office of the
  742  Governor, or its designee, shall review the proposed strategic
  743  regional policy plan to ensure consistency with the adopted
  744  state comprehensive plan and shall, within 60 days, provide any
  745  recommended revisions. The Governor’s recommended revisions
  746  shall be included in the plans in a comment section. However,
  747  nothing in this section precludes herein shall preclude a
  748  regional planning council from adopting or rejecting any or all
  749  of the revisions as a part of its plan before prior to the
  750  effective date of the plan. The rules adopting the strategic
  751  regional policy plan are shall not be subject to rule challenge
  752  under s. 120.56(2) or to drawout proceedings under s.
  753  120.54(3)(c)2., but, once adopted, are shall be subject to an
  754  invalidity challenge under s. 120.56(3) by substantially
  755  affected persons, including the Executive Office of the
  756  Governor. The rules shall be adopted by the regional planning
  757  councils, and shall become effective upon filing with the
  758  Department of State, notwithstanding the provisions of s.
  759  120.54(3)(e)6.
  760         Section 15. Subsections (2) and (3) of section 189.415,
  761  Florida Statutes, are amended to read:
  762         189.415 Special district public facilities report.—
  763         (2) Each independent special district shall submit to each
  764  local general-purpose government in which it is located a public
  765  facilities report and an annual notice of any changes. The
  766  public facilities report shall specify the following
  767  information:
  768         (a) A description of existing public facilities owned or
  769  operated by the special district, and each public facility that
  770  is operated by another entity, except a local general-purpose
  771  government, through a lease or other agreement with the special
  772  district. This description shall include the current capacity of
  773  the facility, the current demands placed upon it, and its
  774  location. This information shall be required in the initial
  775  report and updated every 7 5 years at least 12 months before
  776  prior to the submission date of the evaluation and appraisal
  777  notification letter report of the appropriate local government
  778  required by s. 163.3191. The department shall post a schedule on
  779  its website, based on the evaluation and appraisal notification
  780  schedule prepared pursuant to s. 163.3191(5), for use by a
  781  special district to determine when its public facilities report
  782  and updates to that report are due to the local general-purpose
  783  governments in which the special district is located. At least
  784  12 months prior to the date on which each special district’s
  785  first updated report is due, the department shall notify each
  786  independent district on the official list of special districts
  787  compiled pursuant to s. 189.4035 of the schedule for submission
  788  of the evaluation and appraisal report by each local government
  789  within the special district’s jurisdiction.
  790         (b) A description of each public facility the district is
  791  building, improving, or expanding, or is currently proposing to
  792  build, improve, or expand within at least the next 7 5 years,
  793  including any facilities that the district is assisting another
  794  entity, except a local general-purpose government, to build,
  795  improve, or expand through a lease or other agreement with the
  796  district. For each public facility identified, the report shall
  797  describe how the district currently proposes to finance the
  798  facility.
  799         (c) If the special district currently proposes to replace
  800  any facilities identified in paragraph (a) or paragraph (b)
  801  within the next 10 years, the date when such facility will be
  802  replaced.
  803         (d) The anticipated time the construction, improvement, or
  804  expansion of each facility will be completed.
  805         (e) The anticipated capacity of and demands on each public
  806  facility when completed. In the case of an improvement or
  807  expansion of a public facility, both the existing and
  808  anticipated capacity must be listed.
  809         (3) A special district proposing to build, improve, or
  810  expand a public facility which requires a certificate of need
  811  pursuant to chapter 408 shall elect to notify the appropriate
  812  local general-purpose government of its plans either in its 7
  813  year 5-year plan or at the time the letter of intent is filed
  814  with the Agency for Health Care Administration pursuant to s.
  815  408.039.
  816         Section 16. Subsection (5) of section 288.975, Florida
  817  Statutes, is amended to read:
  818         288.975 Military base reuse plans.—
  819         (5) At the discretion of the host local government, the
  820  provisions of this act may be complied with through the adoption
  821  of the military base reuse plan as a separate component of the
  822  local government comprehensive plan or through simultaneous
  823  amendments to all pertinent portions of the local government
  824  comprehensive plan. Once adopted and approved in accordance with
  825  this section, the military base reuse plan shall be considered
  826  to be part of the host local government’s comprehensive plan and
  827  shall be thereafter implemented, amended, and reviewed pursuant
  828  to in accordance with the provisions of part II of chapter 163.
  829  Local government comprehensive plan amendments necessary to
  830  initially adopt the military base reuse plan shall be exempt
  831  from the limitation on the frequency of plan amendments
  832  contained in s. 163.3187(1).
  833         Section 17. Paragraph (b) of subsection (6), paragraph (e)
  834  of subsection (19), subsection (24), and paragraph (b) of
  835  subsection (29) of section 380.06, Florida Statutes, are amended
  836  to read:
  837         380.06 Developments of regional impact.—
  838         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
  839  PLAN AMENDMENTS.—
  840         (b) Any local government comprehensive plan amendments
  841  related to a proposed development of regional impact, including
  842  any changes proposed under subsection (19), may be initiated by
  843  a local planning agency or the developer and must be considered
  844  by the local governing body at the same time as the application
  845  for development approval using the procedures provided for local
  846  plan amendment in s. 163.3184 s. 163.3187 and applicable local
  847  ordinances, without regard to local limits on the frequency of
  848  consideration of amendments to the local comprehensive plan.
  849  This paragraph does not require favorable consideration of a
  850  plan amendment solely because it is related to a development of
  851  regional impact. The procedure for processing such comprehensive
  852  plan amendments is as follows:
  853         1. If a developer seeks a comprehensive plan amendment
  854  related to a development of regional impact, the developer must
  855  so notify in writing the regional planning agency, the
  856  applicable local government, and the state land planning agency
  857  no later than the date of preapplication conference or the
  858  submission of the proposed change under subsection (19).
  859         2. When filing the application for development approval or
  860  the proposed change, the developer must include a written
  861  request for comprehensive plan amendments that would be
  862  necessitated by the development-of-regional-impact approvals
  863  sought. That request must include data and analysis upon which
  864  the applicable local government can determine whether to
  865  transmit the comprehensive plan amendment pursuant to s.
  866  163.3184.
  867         3. The local government must advertise a public hearing on
  868  the transmittal within 30 days after filing the application for
  869  development approval or the proposed change and must make a
  870  determination on the transmittal within 60 days after the
  871  initial filing unless that time is extended by the developer.
  872         4. If the local government approves the transmittal,
  873  procedures set forth in s. 163.3184 s. 163.3184(4)(b)-(d) must
  874  be followed.
  875         5. Notwithstanding subsection (11) or subsection (19), the
  876  local government may not hold a public hearing on the
  877  application for development approval or the proposed change or
  878  on the comprehensive plan amendments sooner than 30 days after
  879  reviewing agency comments are due to the local government from
  880  receipt of the response from the state land planning agency
  881  pursuant to s. 163.3184 s. 163.3184(4)(d).
  882         6. The local government must hear both the application for
  883  development approval or the proposed change and the
  884  comprehensive plan amendments at the same hearing. However, the
  885  local government must take action separately on the application
  886  for development approval or the proposed change and on the
  887  comprehensive plan amendments.
  888         7. Thereafter, the appeal process for the local government
  889  development order must follow the provisions of s. 380.07, and
  890  the compliance process for the comprehensive plan amendments
  891  must follow the provisions of s. 163.3184.
  892         (19) SUBSTANTIAL DEVIATIONS.—
  893         (e)1. Except for a development order rendered pursuant to
  894  subsection (22) or subsection (25), a proposed change to a
  895  development order that individually or cumulatively with any
  896  previous change is less than any numerical criterion contained
  897  in subparagraphs (b)1.-10. and does not exceed any other
  898  criterion, or that involves an extension of the buildout date of
  899  a development, or any phase thereof, of less than 5 years is not
  900  subject to the public hearing requirements of subparagraph
  901  (f)3., and is not subject to a determination pursuant to
  902  subparagraph (f)5. Notice of the proposed change shall be made
  903  to the regional planning council and the state land planning
  904  agency. Such notice shall include a description of previous
  905  individual changes made to the development, including changes
  906  previously approved by the local government, and shall include
  907  appropriate amendments to the development order.
  908         2. The following changes, individually or cumulatively with
  909  any previous changes, are not substantial deviations:
  910         a. Changes in the name of the project, developer, owner, or
  911  monitoring official.
  912         b. Changes to a setback that do not affect noise buffers,
  913  environmental protection or mitigation areas, or archaeological
  914  or historical resources.
  915         c. Changes to minimum lot sizes.
  916         d. Changes in the configuration of internal roads that do
  917  not affect external access points.
  918         e. Changes to the building design or orientation that stay
  919  approximately within the approved area designated for such
  920  building and parking lot, and which do not affect historical
  921  buildings designated as significant by the Division of
  922  Historical Resources of the Department of State.
  923         f. Changes to increase the acreage in the development,
  924  provided that no development is proposed on the acreage to be
  925  added.
  926         g. Changes to eliminate an approved land use, provided that
  927  there are no additional regional impacts.
  928         h. Changes required to conform to permits approved by any
  929  federal, state, or regional permitting agency, provided that
  930  these changes do not create additional regional impacts.
  931         i. Any renovation or redevelopment of development within a
  932  previously approved development of regional impact which does
  933  not change land use or increase density or intensity of use.
  934         j. Changes that modify boundaries and configuration of
  935  areas described in subparagraph (b)11. due to science-based
  936  refinement of such areas by survey, by habitat evaluation, by
  937  other recognized assessment methodology, or by an environmental
  938  assessment. In order for changes to qualify under this sub
  939  subparagraph, the survey, habitat evaluation, or assessment must
  940  occur prior to the time a conservation easement protecting such
  941  lands is recorded and must not result in any net decrease in the
  942  total acreage of the lands specifically set aside for permanent
  943  preservation in the final development order.
  944         k. Any other change which the state land planning agency,
  945  in consultation with the regional planning council, agrees in
  946  writing is similar in nature, impact, or character to the
  947  changes enumerated in sub-subparagraphs a.-j. and which does not
  948  create the likelihood of any additional regional impact.
  949  
  950  This subsection does not require the filing of a notice of
  951  proposed change but shall require an application to the local
  952  government to amend the development order in accordance with the
  953  local government’s procedures for amendment of a development
  954  order. In accordance with the local government’s procedures,
  955  including requirements for notice to the applicant and the
  956  public, the local government shall either deny the application
  957  for amendment or adopt an amendment to the development order
  958  which approves the application with or without conditions.
  959  Following adoption, the local government shall render to the
  960  state land planning agency the amendment to the development
  961  order. The state land planning agency may appeal, pursuant to s.
  962  380.07(3), the amendment to the development order if the
  963  amendment involves sub-subparagraph g., sub-subparagraph h.,
  964  sub-subparagraph j., or sub-subparagraph k., and it believes the
  965  change creates a reasonable likelihood of new or additional
  966  regional impacts.
  967         3. Except for the change authorized by sub-subparagraph
  968  2.f., any addition of land not previously reviewed or any change
  969  not specified in paragraph (b) or paragraph (c) shall be
  970  presumed to create a substantial deviation. This presumption may
  971  be rebutted by clear and convincing evidence.
  972         4. Any submittal of a proposed change to a previously
  973  approved development shall include a description of individual
  974  changes previously made to the development, including changes
  975  previously approved by the local government. The local
  976  government shall consider the previous and current proposed
  977  changes in deciding whether such changes cumulatively constitute
  978  a substantial deviation requiring further development-of
  979  regional-impact review.
  980         5. The following changes to an approved development of
  981  regional impact shall be presumed to create a substantial
  982  deviation. Such presumption may be rebutted by clear and
  983  convincing evidence.
  984         a. A change proposed for 15 percent or more of the acreage
  985  to a land use not previously approved in the development order.
  986  Changes of less than 15 percent shall be presumed not to create
  987  a substantial deviation.
  988         b. Notwithstanding any provision of paragraph (b) to the
  989  contrary, a proposed change consisting of simultaneous increases
  990  and decreases of at least two of the uses within an authorized
  991  multiuse development of regional impact which was originally
  992  approved with three or more uses specified in s. 380.0651(3)(c)
  993  and (d) s. 380.0651(3)(c), (d), and (e) and residential use.
  994         6. If a local government agrees to a proposed change, a
  995  change in the transportation proportionate share calculation and
  996  mitigation plan in an adopted development order as a result of
  997  recalculation of the proportionate share contribution meeting
  998  the requirements of s. 163.3180(5)(h) in effect as of the date
  999  of such change shall be presumed not to create a substantial
 1000  deviation. For purposes of this subsection, the proposed change
 1001  in the proportionate share calculation or mitigation plan shall
 1002  not be considered an additional regional transportation impact.
 1003         (24) STATUTORY EXEMPTIONS.—
 1004         (a) Any proposed hospital is exempt from this section.
 1005         (b) Any proposed electrical transmission line or electrical
 1006  power plant is exempt from this section.
 1007         (c) Any proposed addition to an existing sports facility
 1008  complex is exempt from this section if the addition meets the
 1009  following characteristics:
 1010         1. It would not operate concurrently with the scheduled
 1011  hours of operation of the existing facility.
 1012         2. Its seating capacity would be no more than 75 percent of
 1013  the capacity of the existing facility.
 1014         3. The sports facility complex property is owned by a
 1015  public body before July 1, 1983.
 1016  
 1017  This exemption does not apply to any pari-mutuel facility.
 1018         (d) Any proposed addition or cumulative additions
 1019  subsequent to July 1, 1988, to an existing sports facility
 1020  complex owned by a state university is exempt if the increased
 1021  seating capacity of the complex is no more than 30 percent of
 1022  the capacity of the existing facility.
 1023         (e) Any addition of permanent seats or parking spaces for
 1024  an existing sports facility located on property owned by a
 1025  public body before July 1, 1973, is exempt from this section if
 1026  future additions do not expand existing permanent seating or
 1027  parking capacity more than 15 percent annually in excess of the
 1028  prior year’s capacity.
 1029         (f) Any increase in the seating capacity of an existing
 1030  sports facility having a permanent seating capacity of at least
 1031  50,000 spectators is exempt from this section, provided that
 1032  such an increase does not increase permanent seating capacity by
 1033  more than 5 percent per year and not to exceed a total of 10
 1034  percent in any 5-year period, and provided that the sports
 1035  facility notifies the appropriate local government within which
 1036  the facility is located of the increase at least 6 months before
 1037  the initial use of the increased seating, in order to permit the
 1038  appropriate local government to develop a traffic management
 1039  plan for the traffic generated by the increase. Any traffic
 1040  management plan shall be consistent with the local comprehensive
 1041  plan, the regional policy plan, and the state comprehensive
 1042  plan.
 1043         (g) Any expansion in the permanent seating capacity or
 1044  additional improved parking facilities of an existing sports
 1045  facility is exempt from this section, if the following
 1046  conditions exist:
 1047         1.a. The sports facility had a permanent seating capacity
 1048  on January 1, 1991, of at least 41,000 spectator seats;
 1049         b. The sum of such expansions in permanent seating capacity
 1050  does not exceed a total of 10 percent in any 5-year period and
 1051  does not exceed a cumulative total of 20 percent for any such
 1052  expansions; or
 1053         c. The increase in additional improved parking facilities
 1054  is a one-time addition and does not exceed 3,500 parking spaces
 1055  serving the sports facility; and
 1056         2. The local government having jurisdiction of the sports
 1057  facility includes in the development order or development permit
 1058  approving such expansion under this paragraph a finding of fact
 1059  that the proposed expansion is consistent with the
 1060  transportation, water, sewer and stormwater drainage provisions
 1061  of the approved local comprehensive plan and local land
 1062  development regulations relating to those provisions.
 1063  
 1064  Any owner or developer who intends to rely on this statutory
 1065  exemption shall provide to the department a copy of the local
 1066  government application for a development permit. Within 45 days
 1067  after receipt of the application, the department shall render to
 1068  the local government an advisory and nonbinding opinion, in
 1069  writing, stating whether, in the department’s opinion, the
 1070  prescribed conditions exist for an exemption under this
 1071  paragraph. The local government shall render the development
 1072  order approving each such expansion to the department. The
 1073  owner, developer, or department may appeal the local government
 1074  development order pursuant to s. 380.07, within 45 days after
 1075  the order is rendered. The scope of review shall be limited to
 1076  the determination of whether the conditions prescribed in this
 1077  paragraph exist. If any sports facility expansion undergoes
 1078  development-of-regional-impact review, all previous expansions
 1079  which were exempt under this paragraph shall be included in the
 1080  development-of-regional-impact review.
 1081         (h) Expansion to port harbors, spoil disposal sites,
 1082  navigation channels, turning basins, harbor berths, and other
 1083  related inwater harbor facilities of ports listed in s.
 1084  403.021(9)(b), port transportation facilities and projects
 1085  listed in s. 311.07(3)(b), and intermodal transportation
 1086  facilities identified pursuant to s. 311.09(3) are exempt from
 1087  this section when such expansions, projects, or facilities are
 1088  consistent with comprehensive master plans that are in
 1089  compliance with s. 163.3178.
 1090         (i) Any proposed facility for the storage of any petroleum
 1091  product or any expansion of an existing facility is exempt from
 1092  this section.
 1093         (j) Any renovation or redevelopment within the same land
 1094  parcel which does not change land use or increase density or
 1095  intensity of use.
 1096         (k) Waterport and marina development, including dry storage
 1097  facilities, are exempt from this section.
 1098         (l) Any proposed development within an urban service
 1099  boundary established under s. 163.3177(14), Florida Statutes
 1100  (2010), which is not otherwise exempt pursuant to subsection
 1101  (29), is exempt from this section if the local government having
 1102  jurisdiction over the area where the development is proposed has
 1103  adopted the urban service boundary and has entered into a
 1104  binding agreement with jurisdictions that would be impacted and
 1105  with the Department of Transportation regarding the mitigation
 1106  of impacts on state and regional transportation facilities.
 1107         (m) Any proposed development within a rural land
 1108  stewardship area created under s. 163.3248.
 1109         (n) The establishment, relocation, or expansion of any
 1110  military installation as defined in s. 163.3175, is exempt from
 1111  this section.
 1112         (o) Any self-storage warehousing that does not allow retail
 1113  or other services is exempt from this section.
 1114         (p) Any proposed nursing home or assisted living facility
 1115  is exempt from this section.
 1116         (q) Any development identified in an airport master plan
 1117  and adopted into the comprehensive plan pursuant to s.
 1118  163.3177(6)(b)4. s. 163.3177(6)(k) is exempt from this section.
 1119         (r) Any development identified in a campus master plan and
 1120  adopted pursuant to s. 1013.30 is exempt from this section.
 1121         (s) Any development in a detailed specific area plan which
 1122  is prepared and adopted pursuant to s. 163.3245 is exempt from
 1123  this section.
 1124         (t) Any proposed solid mineral mine and any proposed
 1125  addition to, expansion of, or change to an existing solid
 1126  mineral mine is exempt from this section. A mine owner will
 1127  enter into a binding agreement with the Department of
 1128  Transportation to mitigate impacts to strategic intermodal
 1129  system facilities pursuant to the transportation thresholds in
 1130  subsection (19) or rule 9J-2.045(6), Florida Administrative
 1131  Code. Proposed changes to any previously approved solid mineral
 1132  mine development-of-regional-impact development orders having
 1133  vested rights are is not subject to further review or approval
 1134  as a development-of-regional-impact or notice-of-proposed-change
 1135  review or approval pursuant to subsection (19), except for those
 1136  applications pending as of July 1, 2011, which shall be governed
 1137  by s. 380.115(2). Notwithstanding the foregoing, however,
 1138  pursuant to s. 380.115(1), previously approved solid mineral
 1139  mine development-of-regional-impact development orders shall
 1140  continue to enjoy vested rights and continue to be effective
 1141  unless rescinded by the developer. All local government
 1142  regulations of proposed solid mineral mines shall be applicable
 1143  to any new solid mineral mine or to any proposed addition to,
 1144  expansion of, or change to an existing solid mineral mine.
 1145         (u) Notwithstanding any provisions in an agreement with or
 1146  among a local government, regional agency, or the state land
 1147  planning agency or in a local government’s comprehensive plan to
 1148  the contrary, a project no longer subject to development-of
 1149  regional-impact review under revised thresholds is not required
 1150  to undergo such review.
 1151         (v) Any development within a county with a research and
 1152  education authority created by special act and that is also
 1153  within a research and development park that is operated or
 1154  managed by a research and development authority pursuant to part
 1155  V of chapter 159 is exempt from this section.
 1156         (w) Any development in an energy economic zone designated
 1157  pursuant to s. 377.809 is exempt from this section upon approval
 1158  by its local governing body.
 1159  
 1160  If a use is exempt from review as a development of regional
 1161  impact under paragraphs (a)-(u), but will be part of a larger
 1162  project that is subject to review as a development of regional
 1163  impact, the impact of the exempt use must be included in the
 1164  review of the larger project, unless such exempt use involves a
 1165  development of regional impact that includes a landowner,
 1166  tenant, or user that has entered into a funding agreement with
 1167  the Department of Economic Opportunity under the Innovation
 1168  Incentive Program and the agreement contemplates a state award
 1169  of at least $50 million.
 1170         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 1171         (b) If a municipality that does not qualify as a dense
 1172  urban land area pursuant to paragraph (a) s. 163.3164 designates
 1173  any of the following areas in its comprehensive plan, any
 1174  proposed development within the designated area is exempt from
 1175  the development-of-regional-impact process:
 1176         1. Urban infill as defined in s. 163.3164;
 1177         2. Community redevelopment areas as defined in s. 163.340;
 1178         3. Downtown revitalization areas as defined in s. 163.3164;
 1179         4. Urban infill and redevelopment under s. 163.2517; or
 1180         5. Urban service areas as defined in s. 163.3164 or areas
 1181  within a designated urban service boundary under s.
 1182  163.3177(14).
 1183         Section 18. Subsection (1) of section 380.115, Florida
 1184  Statutes, is amended to read:
 1185         380.115 Vested rights and duties; effect of size reduction,
 1186  changes in guidelines and standards.—
 1187         (1) A change in a development-of-regional-impact guideline
 1188  and standard does not abridge or modify any vested or other
 1189  right or any duty or obligation pursuant to any development
 1190  order or agreement that is applicable to a development of
 1191  regional impact. A development that has received a development
 1192  of-regional-impact development order pursuant to s. 380.06, but
 1193  is no longer required to undergo development-of-regional-impact
 1194  review by operation of a change in the guidelines and standards
 1195  or has reduced its size below the thresholds in s. 380.0651, or
 1196  a development that is exempt pursuant to s. 380.06(24) or s.
 1197  380.06(29) shall be governed by the following procedures:
 1198         (a) The development shall continue to be governed by the
 1199  development-of-regional-impact development order and may be
 1200  completed in reliance upon and pursuant to the development order
 1201  unless the developer or landowner has followed the procedures
 1202  for rescission in paragraph (b). Any proposed changes to those
 1203  developments which continue to be governed by a development
 1204  order shall be approved pursuant to s. 380.06(19) as it existed
 1205  prior to a change in the development-of-regional-impact
 1206  guidelines and standards, except that all percentage criteria
 1207  shall be doubled and all other criteria shall be increased by 10
 1208  percent. The development-of-regional-impact development order
 1209  may be enforced by the local government as provided by ss.
 1210  380.06(17) and 380.11.
 1211         (b) If requested by the developer or landowner, the
 1212  development-of-regional-impact development order shall be
 1213  rescinded by the local government having jurisdiction upon a
 1214  showing that all required mitigation related to the amount of
 1215  development that existed on the date of rescission has been
 1216  completed.
 1217         Section 19. Section 1013.33, Florida Statutes, is amended
 1218  to read:
 1219         1013.33 Coordination of planning with local governing
 1220  bodies.—
 1221         (1) It is the policy of this state to require the
 1222  coordination of planning between boards and local governing
 1223  bodies to ensure that plans for the construction and opening of
 1224  public educational facilities are facilitated and coordinated in
 1225  time and place with plans for residential development,
 1226  concurrently with other necessary services. Such planning shall
 1227  include the integration of the educational facilities plan and
 1228  applicable policies and procedures of a board with the local
 1229  comprehensive plan and land development regulations of local
 1230  governments. The planning must include the consideration of
 1231  allowing students to attend the school located nearest their
 1232  homes when a new housing development is constructed near a
 1233  county boundary and it is more feasible to transport the
 1234  students a short distance to an existing facility in an adjacent
 1235  county than to construct a new facility or transport students
 1236  longer distances in their county of residence. The planning must
 1237  also consider the effects of the location of public education
 1238  facilities, including the feasibility of keeping central city
 1239  facilities viable, in order to encourage central city
 1240  redevelopment and the efficient use of infrastructure and to
 1241  discourage uncontrolled urban sprawl. In addition, all parties
 1242  to the planning process must consult with state and local road
 1243  departments to assist in implementing the Safe Paths to Schools
 1244  program administered by the Department of Transportation.
 1245         (2)(a) The school board, county, and nonexempt
 1246  municipalities located within the geographic area of a school
 1247  district shall enter into an interlocal agreement according to
 1248  s. 163.31777, which that jointly establishes the specific ways
 1249  in which the plans and processes of the district school board
 1250  and the local governments are to be coordinated. The interlocal
 1251  agreements shall be submitted to the state land planning agency
 1252  and the Office of Educational Facilities in accordance with a
 1253  schedule published by the state land planning agency.
 1254         (b) The schedule must establish staggered due dates for
 1255  submission of interlocal agreements that are executed by both
 1256  the local government and district school board, commencing on
 1257  March 1, 2003, and concluding by December 1, 2004, and must set
 1258  the same date for all governmental entities within a school
 1259  district. However, if the county where the school district is
 1260  located contains more than 20 municipalities, the state land
 1261  planning agency may establish staggered due dates for the
 1262  submission of interlocal agreements by these municipalities. The
 1263  schedule must begin with those areas where both the number of
 1264  districtwide capital-outlay full-time-equivalent students equals
 1265  80 percent or more of the current year’s school capacity and the
 1266  projected 5-year student growth rate is 1,000 or greater, or
 1267  where the projected 5-year student growth rate is 10 percent or
 1268  greater.
 1269         (c) If the student population has declined over the 5-year
 1270  period preceding the due date for submittal of an interlocal
 1271  agreement by the local government and the district school board,
 1272  the local government and district school board may petition the
 1273  state land planning agency for a waiver of one or more of the
 1274  requirements of subsection (3). The waiver must be granted if
 1275  the procedures called for in subsection (3) are unnecessary
 1276  because of the school district’s declining school age
 1277  population, considering the district’s 5-year work program
 1278  prepared pursuant to s. 1013.35. The state land planning agency
 1279  may modify or revoke the waiver upon a finding that the
 1280  conditions upon which the waiver was granted no longer exist.
 1281  The district school board and local governments must submit an
 1282  interlocal agreement within 1 year after notification by the
 1283  state land planning agency that the conditions for a waiver no
 1284  longer exist.
 1285         (d) Interlocal agreements between local governments and
 1286  district school boards adopted pursuant to s. 163.3177 before
 1287  the effective date of subsections (2)-(7) must be updated and
 1288  executed pursuant to the requirements of subsections (2)-(7), if
 1289  necessary. Amendments to interlocal agreements adopted pursuant
 1290  to subsections (2)-(7) must be submitted to the state land
 1291  planning agency within 30 days after execution by the parties
 1292  for review consistent with subsections (3) and (4). Local
 1293  governments and the district school board in each school
 1294  district are encouraged to adopt a single interlocal agreement
 1295  in which all join as parties. The state land planning agency
 1296  shall assemble and make available model interlocal agreements
 1297  meeting the requirements of subsections (2)-(7) and shall notify
 1298  local governments and, jointly with the Department of Education,
 1299  the district school boards of the requirements of subsections
 1300  (2)-(7), the dates for compliance, and the sanctions for
 1301  noncompliance. The state land planning agency shall be available
 1302  to informally review proposed interlocal agreements. If the
 1303  state land planning agency has not received a proposed
 1304  interlocal agreement for informal review, the state land
 1305  planning agency shall, at least 60 days before the deadline for
 1306  submission of the executed agreement, renotify the local
 1307  government and the district school board of the upcoming
 1308  deadline and the potential for sanctions.
 1309         (3) At a minimum, the interlocal agreement must address
 1310  interlocal agreement requirements in s. 163.31777 and, if
 1311  applicable, s. 163.3180(6), and must address the following
 1312  issues:
 1313         (a) A process by which each local government and the
 1314  district school board agree and base their plans on consistent
 1315  projections of the amount, type, and distribution of population
 1316  growth and student enrollment. The geographic distribution of
 1317  jurisdiction-wide growth forecasts is a major objective of the
 1318  process.
 1319         (b) A process to coordinate and share information relating
 1320  to existing and planned public school facilities, including
 1321  school renovations and closures, and local government plans for
 1322  development and redevelopment.
 1323         (c) Participation by affected local governments with the
 1324  district school board in the process of evaluating potential
 1325  school closures, significant renovations to existing schools,
 1326  and new school site selection before land acquisition. Local
 1327  governments shall advise the district school board as to the
 1328  consistency of the proposed closure, renovation, or new site
 1329  with the local comprehensive plan, including appropriate
 1330  circumstances and criteria under which a district school board
 1331  may request an amendment to the comprehensive plan for school
 1332  siting.
 1333         (d) A process for determining the need for and timing of
 1334  onsite and offsite improvements to support new construction,
 1335  proposed expansion, or redevelopment of existing schools. The
 1336  process shall address identification of the party or parties
 1337  responsible for the improvements.
 1338         (e) A process for the school board to inform the local
 1339  government regarding the effect of comprehensive plan amendments
 1340  on school capacity. The capacity reporting must be consistent
 1341  with laws and rules regarding measurement of school facility
 1342  capacity and must also identify how the district school board
 1343  will meet the public school demand based on the facilities work
 1344  program adopted pursuant to s. 1013.35.
 1345         (f) Participation of the local governments in the
 1346  preparation of the annual update to the school board’s 5-year
 1347  district facilities work program and educational plant survey
 1348  prepared pursuant to s. 1013.35.
 1349         (g) A process for determining where and how joint use of
 1350  either school board or local government facilities can be shared
 1351  for mutual benefit and efficiency.
 1352         (h) A procedure for the resolution of disputes between the
 1353  district school board and local governments, which may include
 1354  the dispute resolution processes contained in chapters 164 and
 1355  186.
 1356         (i) An oversight process, including an opportunity for
 1357  public participation, for the implementation of the interlocal
 1358  agreement.
 1359         (4)(a) The Office of Educational Facilities shall submit
 1360  any comments or concerns regarding the executed interlocal
 1361  agreement to the state land planning agency within 30 days after
 1362  receipt of the executed interlocal agreement. The state land
 1363  planning agency shall review the executed interlocal agreement
 1364  to determine whether it is consistent with the requirements of
 1365  subsection (3), the adopted local government comprehensive plan,
 1366  and other requirements of law. Within 60 days after receipt of
 1367  an executed interlocal agreement, the state land planning agency
 1368  shall publish a notice of intent in the Florida Administrative
 1369  Weekly and shall post a copy of the notice on the agency’s
 1370  Internet site. The notice of intent must state that the
 1371  interlocal agreement is consistent or inconsistent with the
 1372  requirements of subsection (3) and this subsection as
 1373  appropriate.
 1374         (b) The state land planning agency’s notice is subject to
 1375  challenge under chapter 120; however, an affected person, as
 1376  defined in s. 163.3184(1)(a), has standing to initiate the
 1377  administrative proceeding, and this proceeding is the sole means
 1378  available to challenge the consistency of an interlocal
 1379  agreement required by this section with the criteria contained
 1380  in subsection (3) and this subsection. In order to have
 1381  standing, each person must have submitted oral or written
 1382  comments, recommendations, or objections to the local government
 1383  or the school board before the adoption of the interlocal
 1384  agreement by the district school board and local government. The
 1385  district school board and local governments are parties to any
 1386  such proceeding. In this proceeding, when the state land
 1387  planning agency finds the interlocal agreement to be consistent
 1388  with the criteria in subsection (3) and this subsection, the
 1389  interlocal agreement must be determined to be consistent with
 1390  subsection (3) and this subsection if the local government’s and
 1391  school board’s determination of consistency is fairly debatable.
 1392  When the state land planning agency finds the interlocal
 1393  agreement to be inconsistent with the requirements of subsection
 1394  (3) and this subsection, the local government’s and school
 1395  board’s determination of consistency shall be sustained unless
 1396  it is shown by a preponderance of the evidence that the
 1397  interlocal agreement is inconsistent.
 1398         (c) If the state land planning agency enters a final order
 1399  that finds that the interlocal agreement is inconsistent with
 1400  the requirements of subsection (3) or this subsection, the state
 1401  land planning agency shall forward it to the Administration
 1402  Commission, which may impose sanctions against the local
 1403  government pursuant to s. 163.3184(11) and may impose sanctions
 1404  against the district school board by directing the Department of
 1405  Education to withhold an equivalent amount of funds for school
 1406  construction available pursuant to ss. 1013.65, 1013.68,
 1407  1013.70, and 1013.72.
 1408         (5) If an executed interlocal agreement is not timely
 1409  submitted to the state land planning agency for review, the
 1410  state land planning agency shall, within 15 working days after
 1411  the deadline for submittal, issue to the local government and
 1412  the district school board a notice to show cause why sanctions
 1413  should not be imposed for failure to submit an executed
 1414  interlocal agreement by the deadline established by the agency.
 1415  The agency shall forward the notice and the responses to the
 1416  Administration Commission, which may enter a final order citing
 1417  the failure to comply and imposing sanctions against the local
 1418  government and district school board by directing the
 1419  appropriate agencies to withhold at least 5 percent of state
 1420  funds pursuant to s. 163.3184(11) and by directing the
 1421  Department of Education to withhold from the district school
 1422  board at least 5 percent of funds for school construction
 1423  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 1424  1013.72.
 1425         (6) Any local government transmitting a public school
 1426  element to implement school concurrency pursuant to the
 1427  requirements of s. 163.3180 before the effective date of this
 1428  section is not required to amend the element or any interlocal
 1429  agreement to conform with the provisions of subsections (2)-(6)
 1430  if the element is adopted prior to or within 1 year after the
 1431  effective date of subsections (2)-(6) and remains in effect.
 1432         (3)(7) A board and the local governing body must share and
 1433  coordinate information related to existing and planned school
 1434  facilities; proposals for development, redevelopment, or
 1435  additional development; and infrastructure required to support
 1436  the school facilities, concurrent with proposed development. A
 1437  school board shall use information produced by the demographic,
 1438  revenue, and education estimating conferences pursuant to s.
 1439  216.136 when preparing the district educational facilities plan
 1440  pursuant to s. 1013.35, as modified and agreed to by the local
 1441  governments, when provided by interlocal agreement, and the
 1442  Office of Educational Facilities, in consideration of local
 1443  governments’ population projections, to ensure that the district
 1444  educational facilities plan not only reflects enrollment
 1445  projections but also considers applicable municipal and county
 1446  growth and development projections. The projections must be
 1447  apportioned geographically with assistance from the local
 1448  governments using local government trend data and the school
 1449  district student enrollment data. A school board is precluded
 1450  from siting a new school in a jurisdiction where the school
 1451  board has failed to provide the annual educational facilities
 1452  plan for the prior year required pursuant to s. 1013.35 unless
 1453  the failure is corrected.
 1454         (4)(8) The location of educational facilities shall be
 1455  consistent with the comprehensive plan of the appropriate local
 1456  governing body developed under part II of chapter 163 and
 1457  consistent with the plan’s implementing land development
 1458  regulations.
 1459         (5)(9) To improve coordination relative to potential
 1460  educational facility sites, a board shall provide written notice
 1461  to the local government that has regulatory authority over the
 1462  use of the land consistent with an interlocal agreement entered
 1463  pursuant to s. 163.31777 subsections (2)-(6) at least 60 days
 1464  before prior to acquiring or leasing property that may be used
 1465  for a new public educational facility. The local government,
 1466  upon receipt of this notice, shall notify the board within 45
 1467  days if the site proposed for acquisition or lease is consistent
 1468  with the land use categories and policies of the local
 1469  government’s comprehensive plan. This preliminary notice does
 1470  not constitute the local government’s determination of
 1471  consistency pursuant to subsection (6) (10).
 1472         (6)(10) As early in the design phase as feasible and
 1473  consistent with an interlocal agreement entered pursuant to s.
 1474  163.31777 subsections (2)-(6), but no later than 90 days before
 1475  commencing construction, the district school board shall in
 1476  writing request a determination of consistency with the local
 1477  government’s comprehensive plan. The local governing body that
 1478  regulates the use of land shall determine, in writing within 45
 1479  days after receiving the necessary information and a school
 1480  board’s request for a determination, whether a proposed
 1481  educational facility is consistent with the local comprehensive
 1482  plan and consistent with local land development regulations. If
 1483  the determination is affirmative, school construction may
 1484  commence and further local government approvals are not
 1485  required, except as provided in this section. Failure of the
 1486  local governing body to make a determination in writing within
 1487  90 days after a district school board’s request for a
 1488  determination of consistency shall be considered an approval of
 1489  the district school board’s application. Campus master plans and
 1490  development agreements must comply with the provisions of s.
 1491  1013.30.
 1492         (7)(11) A local governing body may not deny the site
 1493  applicant based on adequacy of the site plan as it relates
 1494  solely to the needs of the school. If the site is consistent
 1495  with the comprehensive plan’s land use policies and categories
 1496  in which public schools are identified as allowable uses, the
 1497  local government may not deny the application but it may impose
 1498  reasonable development standards and conditions in accordance
 1499  with s. 1013.51(1) and consider the site plan and its adequacy
 1500  as it relates to environmental concerns, health, safety and
 1501  welfare, and effects on adjacent property. Standards and
 1502  conditions may not be imposed which conflict with those
 1503  established in this chapter or the Florida Building Code, unless
 1504  mutually agreed and consistent with the interlocal agreement
 1505  required by s. 163.31777 subsections (2)-(6).
 1506         (8)(12) This section does not prohibit a local governing
 1507  body and district school board from agreeing and establishing an
 1508  alternative process for reviewing a proposed educational
 1509  facility and site plan, and offsite impacts, pursuant to an
 1510  interlocal agreement adopted in accordance with s. 163.31777
 1511  subsections (2)-(6).
 1512         (9)(13) Existing schools shall be considered consistent
 1513  with the applicable local government comprehensive plan adopted
 1514  under part II of chapter 163. If a board submits an application
 1515  to expand an existing school site, the local governing body may
 1516  impose reasonable development standards and conditions on the
 1517  expansion only, and in a manner consistent with s. 1013.51(1).
 1518  Standards and conditions may not be imposed which conflict with
 1519  those established in this chapter or the Florida Building Code,
 1520  unless mutually agreed. Local government review or approval is
 1521  not required for:
 1522         (a) The placement of temporary or portable classroom
 1523  facilities; or
 1524         (b) Proposed renovation or construction on existing school
 1525  sites, with the exception of construction that changes the
 1526  primary use of a facility, includes stadiums, or results in a
 1527  greater than 5 percent increase in student capacity, or as
 1528  mutually agreed upon, pursuant to an interlocal agreement
 1529  adopted in accordance with s. 163.31777 subsections (2)-(6).
 1530         Section 20. Paragraph (b) of subsection (2) of section
 1531  1013.35, Florida Statutes, is amended to read:
 1532         1013.35 School district educational facilities plan;
 1533  definitions; preparation, adoption, and amendment; long-term
 1534  work programs.—
 1535         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 1536  FACILITIES PLAN.—
 1537         (b) The plan must also include a financially feasible
 1538  district facilities work program for a 5-year period. The work
 1539  program must include:
 1540         1. A schedule of major repair and renovation projects
 1541  necessary to maintain the educational facilities and ancillary
 1542  facilities of the district.
 1543         2. A schedule of capital outlay projects necessary to
 1544  ensure the availability of satisfactory student stations for the
 1545  projected student enrollment in K-12 programs. This schedule
 1546  shall consider:
 1547         a. The locations, capacities, and planned utilization rates
 1548  of current educational facilities of the district. The capacity
 1549  of existing satisfactory facilities, as reported in the Florida
 1550  Inventory of School Houses must be compared to the capital
 1551  outlay full-time-equivalent student enrollment as determined by
 1552  the department, including all enrollment used in the calculation
 1553  of the distribution formula in s. 1013.64.
 1554         b. The proposed locations of planned facilities, whether
 1555  those locations are consistent with the comprehensive plans of
 1556  all affected local governments, and recommendations for
 1557  infrastructure and other improvements to land adjacent to
 1558  existing facilities. The provisions of ss. 1013.33(6), (7), and
 1559  (8) ss. 1013.33(10), (11), and (12) and 1013.36 must be
 1560  addressed for new facilities planned within the first 3 years of
 1561  the work plan, as appropriate.
 1562         c. Plans for the use and location of relocatable
 1563  facilities, leased facilities, and charter school facilities.
 1564         d. Plans for multitrack scheduling, grade level
 1565  organization, block scheduling, or other alternatives that
 1566  reduce the need for additional permanent student stations.
 1567         e. Information concerning average class size and
 1568  utilization rate by grade level within the district which will
 1569  result if the tentative district facilities work program is
 1570  fully implemented.
 1571         f. The number and percentage of district students planned
 1572  to be educated in relocatable facilities during each year of the
 1573  tentative district facilities work program. For determining
 1574  future needs, student capacity may not be assigned to any
 1575  relocatable classroom that is scheduled for elimination or
 1576  replacement with a permanent educational facility in the current
 1577  year of the adopted district educational facilities plan and in
 1578  the district facilities work program adopted under this section.
 1579  Those relocatable classrooms clearly identified and scheduled
 1580  for replacement in a school-board-adopted, financially feasible,
 1581  5-year district facilities work program shall be counted at zero
 1582  capacity at the time the work program is adopted and approved by
 1583  the school board. However, if the district facilities work
 1584  program is changed and the relocatable classrooms are not
 1585  replaced as scheduled in the work program, the classrooms must
 1586  be reentered into the system and be counted at actual capacity.
 1587  Relocatable classrooms may not be perpetually added to the work
 1588  program or continually extended for purposes of circumventing
 1589  this section. All relocatable classrooms not identified and
 1590  scheduled for replacement, including those owned, lease
 1591  purchased, or leased by the school district, must be counted at
 1592  actual student capacity. The district educational facilities
 1593  plan must identify the number of relocatable student stations
 1594  scheduled for replacement during the 5-year survey period and
 1595  the total dollar amount needed for that replacement.
 1596         g. Plans for the closure of any school, including plans for
 1597  disposition of the facility or usage of facility space, and
 1598  anticipated revenues.
 1599         h. Projects for which capital outlay and debt service funds
 1600  accruing under s. 9(d), Art. XII of the State Constitution are
 1601  to be used shall be identified separately in priority order on a
 1602  project priority list within the district facilities work
 1603  program.
 1604         3. The projected cost for each project identified in the
 1605  district facilities work program. For proposed projects for new
 1606  student stations, a schedule shall be prepared comparing the
 1607  planned cost and square footage for each new student station, by
 1608  elementary, middle, and high school levels, to the low, average,
 1609  and high cost of facilities constructed throughout the state
 1610  during the most recent fiscal year for which data is available
 1611  from the Department of Education.
 1612         4. A schedule of estimated capital outlay revenues from
 1613  each currently approved source which is estimated to be
 1614  available for expenditure on the projects included in the
 1615  district facilities work program.
 1616         5. A schedule indicating which projects included in the
 1617  district facilities work program will be funded from current
 1618  revenues projected in subparagraph 4.
 1619         6. A schedule of options for the generation of additional
 1620  revenues by the district for expenditure on projects identified
 1621  in the district facilities work program which are not funded
 1622  under subparagraph 5. Additional anticipated revenues may
 1623  include effort index grants, SIT Program awards, and Classrooms
 1624  First funds.
 1625         Section 21. Subsections (3), (5), (6), (7), (8), (9), (10),
 1626  and (11) of section 1013.351, Florida Statutes, are amended to
 1627  read:
 1628         1013.351 Coordination of planning between the Florida
 1629  School for the Deaf and the Blind and local governing bodies.—
 1630         (3) The board of trustees and the municipality in which the
 1631  school is located may enter into an interlocal agreement to
 1632  establish the specific ways in which the plans and processes of
 1633  the board of trustees and the local government are to be
 1634  coordinated. If the school and local government enter into an
 1635  interlocal agreement, the agreement must be submitted to the
 1636  state land planning agency and the Office of Educational
 1637  Facilities.
 1638         (5)(a) The Office of Educational Facilities shall submit
 1639  any comments or concerns regarding the executed interlocal
 1640  agreements to the state land planning agency no later than 30
 1641  days after receipt of the executed interlocal agreements. The
 1642  state land planning agency shall review the executed interlocal
 1643  agreements to determine whether they are consistent with the
 1644  requirements of subsection (4), the adopted local government
 1645  comprehensive plans, and other requirements of law. Not later
 1646  than 60 days after receipt of an executed interlocal agreement,
 1647  the state land planning agency shall publish a notice of intent
 1648  in the Florida Administrative Weekly. The notice of intent must
 1649  state that the interlocal agreement is consistent or
 1650  inconsistent with the requirements of subsection (4) and this
 1651  subsection as appropriate.
 1652         (b)1. The state land planning agency’s notice is subject to
 1653  challenge under chapter 120. However, an affected person, as
 1654  defined in s. 163.3184, has standing to initiate the
 1655  administrative proceeding, and this proceeding is the sole means
 1656  available to challenge the consistency of an interlocal
 1657  agreement with the criteria contained in subsection (4) and this
 1658  subsection. In order to have standing, a person must have
 1659  submitted oral or written comments, recommendations, or
 1660  objections to the appropriate local government or the board of
 1661  trustees before the adoption of the interlocal agreement by the
 1662  board of trustees and local government. The board of trustees
 1663  and the appropriate local government are parties to any such
 1664  proceeding.
 1665         2. In the administrative proceeding, if the state land
 1666  planning agency finds the interlocal agreement to be consistent
 1667  with the criteria in subsection (4) and this subsection, the
 1668  interlocal agreement must be determined to be consistent with
 1669  subsection (4) and this subsection if the local government and
 1670  board of trustees is fairly debatable.
 1671         3. If the state land planning agency finds the interlocal
 1672  agreement to be inconsistent with the requirements of subsection
 1673  (4) and this subsection, the determination of consistency by the
 1674  local government and board of trustees shall be sustained unless
 1675  it is shown by a preponderance of the evidence that the
 1676  interlocal agreement is inconsistent.
 1677         (c) If the state land planning agency enters a final order
 1678  that finds that the interlocal agreement is inconsistent with
 1679  the requirements of subsection (4) or this subsection, the state
 1680  land planning agency shall identify the issues in dispute and
 1681  submit the matter to the Administration Commission for final
 1682  action. The report to the Administration Commission must list
 1683  each issue in dispute, describe the nature and basis for each
 1684  dispute, identify alternative resolutions of each dispute, and
 1685  make recommendations. After receiving the report from the state
 1686  land planning agency, the Administration Commission shall take
 1687  action to resolve the issues. In deciding upon a proper
 1688  resolution, the Administration Commission shall consider the
 1689  nature of the issues in dispute, the compliance of the parties
 1690  with this section, the extent of the conflict between the
 1691  parties, the comparative hardships, and the public interest
 1692  involved. In resolving the matter, the Administration Commission
 1693  may prescribe, by order, the contents of the interlocal
 1694  agreement which shall be executed by the board of trustees and
 1695  the local government.
 1696         (5)(6) An interlocal agreement may be amended under
 1697  subsections (2)-(4) (2)-(5):
 1698         (a) In conjunction with updates to the school’s educational
 1699  plant survey prepared under s. 1013.31; or
 1700         (b) If either party delays by more than 12 months the
 1701  construction of a capital improvement identified in the
 1702  agreement.
 1703         (6)(7) This section does not prohibit a local governing
 1704  body and the board of trustees from agreeing and establishing an
 1705  alternative process for reviewing proposed expansions to the
 1706  school’s campus and offsite impacts, under the interlocal
 1707  agreement adopted in accordance with subsections (2)-(5) (2)
 1708  (6).
 1709         (7)(8) School facilities within the geographic area or the
 1710  campus of the school as it existed on or before January 1, 1998,
 1711  are consistent with the local government’s comprehensive plan
 1712  developed under part II of chapter 163 and consistent with the
 1713  plan’s implementing land development regulations.
 1714         (8)(9) To improve coordination relative to potential
 1715  educational facility sites, the board of trustees shall provide
 1716  written notice to the local governments consistent with the
 1717  interlocal agreements entered under subsections (2)-(5) (2)-(6)
 1718  at least 60 days before the board of trustees acquires any
 1719  additional property. The local government shall notify the board
 1720  of trustees no later than 45 days after receipt of this notice
 1721  if the site proposed for acquisition is consistent with the land
 1722  use categories and policies of the local government’s
 1723  comprehensive plan. This preliminary notice does not constitute
 1724  the local government’s determination of consistency under
 1725  subsection (9) (10).
 1726         (9)(10) As early in the design phase as feasible, but no
 1727  later than 90 days before commencing construction, the board of
 1728  trustees shall request in writing a determination of consistency
 1729  with the local government’s comprehensive plan and local
 1730  development regulations for the proposed use of any property
 1731  acquired by the board of trustees on or after January 1, 1998.
 1732  The local governing body that regulates the use of land shall
 1733  determine, in writing, no later than 45 days after receiving the
 1734  necessary information and a school board’s request for a
 1735  determination, whether a proposed use of the property is
 1736  consistent with the local comprehensive plan and consistent with
 1737  local land development regulations. If the local governing body
 1738  determines the proposed use is consistent, construction may
 1739  commence and additional local government approvals are not
 1740  required, except as provided in this section. Failure of the
 1741  local governing body to make a determination in writing within
 1742  90 days after receiving the board of trustees’ request for a
 1743  determination of consistency shall be considered an approval of
 1744  the board of trustees’ application. This subsection does not
 1745  apply to facilities to be located on the property if a contract
 1746  for construction of the facilities was entered on or before the
 1747  effective date of this act.
 1748         (10)(11) Disputes that arise in the implementation of an
 1749  executed interlocal agreement or in the determinations required
 1750  pursuant to subsection (8) (9) or subsection (9) (10) must be
 1751  resolved in accordance with chapter 164.
 1752         Section 22. Subsection (6) of section 1013.36, Florida
 1753  Statutes, is amended to read:
 1754         1013.36 Site planning and selection.—
 1755         (6) If the school board and local government have entered
 1756  into an interlocal agreement pursuant to s. 1013.33(2) and
 1757  either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
 1758  process to ensure consistency between the local government
 1759  comprehensive plan and the school district educational
 1760  facilities plan, site planning and selection must be consistent
 1761  with the interlocal agreements and the plans.
 1762         Section 23. This act shall take effect upon becoming a law.
 1763  
 1764  ================= T I T L E  A M E N D M E N T ================
 1765         And the title is amended as follows:
 1766         Delete everything before the enacting clause
 1767  and insert:
 1768                        A bill to be entitled                      
 1769         An act relating to growth management; amending s.
 1770         163.3167, F.S.; authorizing a local government to
 1771         retain certain charter provisions that were in effect
 1772         as of a specified date and that relate to an
 1773         initiative or referendum process; amending s.
 1774         163.3174, F.S.; requiring a local land planning agency
 1775         to periodically evaluate and appraise a comprehensive
 1776         plan; amending s. 163.3175, F.S., requiring comments
 1777         by military installations to be considered by local
 1778         governments in a manner consistent with s. 163.3184,
 1779         F.S.; specifying comments to be considered by the
 1780         local government; amending s. 163.3177, F.S.; revising
 1781         the housing and intergovernmental coordination
 1782         elements of comprehensive plans; amending s.
 1783         163.31777, F.S.; exempting certain municipalities from
 1784         public schools interlocal-agreement requirements;
 1785         providing requirements for municipalities meeting the
 1786         exemption criteria; amending s. 163.3178, F.S.;
 1787         replacing a reference to the Department of Community
 1788         Affairs with the state land planning agency; deleting
 1789         provisions relating to the Coastal Resources
 1790         Interagency Management Committee; amending s.
 1791         163.3180, F.S., relating to concurrency; revising and
 1792         providing requirements relating to public facilities
 1793         and services, public education facilities, and local
 1794         school concurrency system requirements; deleting
 1795         provisions excluding a municipality that is not a
 1796         signatory to a certain interlocal agreement from
 1797         participating in a school concurrency system; amending
 1798         s. 163.3184, F.S.; revising provisions relating to the
 1799         expedited state review process for adoption of
 1800         comprehensive plan amendments; clarifying the time in
 1801         which a local government must transmit an amendment to
 1802         a comprehensive plan and supporting data and analyses
 1803         to the reviewing agencies; deleting the deadlines in
 1804         administrative challenges to comprehensive plans and
 1805         plan amendments for the entry of final orders and
 1806         referrals of recommended orders; specifying a deadline
 1807         for the state land planning agency to issue a notice
 1808         of intent after receiving a complete comprehensive
 1809         plan or plan amendment adopted pursuant to a
 1810         compliance agreement; amending s. 163.3191, F.S.;
 1811         conforming a cross-reference to changes made by the
 1812         act; amending s. 163.3245, F.S.; deleting an obsolete
 1813         cross-reference; deleting a reporting requirement
 1814         relating to optional sector plans; amending s.
 1815         186.002, F.S.; deleting a requirement for the Governor
 1816         to consider certain evaluation and appraisal reports
 1817         in preparing certain plans and amendments; amending s.
 1818         186.007, F.S.; deleting a requirement for the Governor
 1819         to consider certain evaluation and appraisal reports
 1820         when reviewing the state comprehensive plan; amending
 1821         s. 186.505, F.S.; requiring a regional planning
 1822         council to determine before accepting a grant that the
 1823         purpose of the grant is in furtherance of its
 1824         functions; prohibiting a regional planning council
 1825         from providing consulting services for a fee to any
 1826         local government for a project for which the council
 1827         will serve in a review capacity; prohibiting a
 1828         regional planning council from providing consulting
 1829         services to a private developer or landowner for a
 1830         project for which the council may serve in a review
 1831         capacity in the future; amending s. 186.508, F.S.;
 1832         requiring that regional planning councils coordinate
 1833         implementation of the strategic regional policy plans
 1834         with the evaluation and appraisal process; amending s.
 1835         189.415, F.S.; requiring an independent special
 1836         district to update its public facilities report every
 1837         7 years and at least 12 months before the submission
 1838         date of the evaluation and appraisal notification
 1839         letter; requiring the Department of Economic
 1840         Opportunity to post a schedule of the due dates for
 1841         public facilities reports and updates that independent
 1842         special districts must provide to local governments;
 1843         amending s. 288.975, F.S.; deleting a provision
 1844         exempting local government plan amendments necessary
 1845         to initially adopt the military base reuse plan from a
 1846         limitation on the frequency of plan amendments;
 1847         amending s. 380.06, F.S.; correcting cross-references;
 1848         amending s. 380.115, F.S.; adding a cross-reference
 1849         for exempt developments; amending s. 1013.33, F.S.;
 1850         deleting redundant requirements for interlocal
 1851         agreements relating to public education facilities;
 1852         amending s. 1013.35, F.S.; deleting a cross-reference
 1853         to conform to changes made by the act; amending s.
 1854         1013.351, F.S.; deleting redundant requirements for
 1855         the submission of certain interlocal agreements to the
 1856         Office of Educational Facilities and the state land
 1857         planning agency and for review of the interlocal
 1858         agreement by the office and the agency; amending s.
 1859         1013.36, F.S.; deleting an obsolete cross-reference;
 1860         providing an effective date.