Bill Text: FL H7129 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Growth Management

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H7129 Detail]

Download: Florida-2011-H7129-Introduced.html
HB 7129

1
A bill to be entitled
2An act relating to growth management; amending s.
3163.3161, F.S.; redesignating the "Local Government
4Comprehensive Planning and Land Development Regulation
5Act" as the "Community Planning Act"; revising and
6providing intent and purpose of act; amending s. 163.3164,
7F.S.; revising definitions; amending s. 163.3167, F.S.;
8revising scope of the act; revising and providing duties
9of local governments and municipalities relating to
10comprehensive plans; deleting retroactive effect; creating
11s. 163.3168, F.S.; encouraging local governments to apply
12for certain innovative planning tools; authorizing the
13state land planning agency and other appropriate state and
14regional agencies to use direct and indirect technical
15assistance; amending s. 163.3171, F.S.; providing
16legislative intent; amending s. 163.3174, F.S.; deleting
17certain notice requirements relating to the establishment
18of local planning agencies by a governing body; amending
19s. 163.3177, F.S.; revising and providing duties of local
20governments; revising and providing required and optional
21elements of comprehensive plans; revising requirements of
22schedules of capital improvements; revising and providing
23provisions relating to capital improvements elements;
24revising major objectives of, and procedures relating to,
25the local comprehensive planning process; revising and
26providing required and optional elements of future land
27use plans; providing required transportation elements;
28revising and providing required conservation elements;
29revising and providing required housing elements; revising
30and providing required coastal management elements;
31revising and providing required intergovernmental
32coordination elements; amending s. 163.31777, F.S.;
33revising requirements relating to public schools'
34interlocal agreements; deleting duties of the Office of
35Educational Facilities, the state land planning agency,
36and local governments relating to such agreements;
37deleting an exemption; amending s. 163.3178, F.S.;
38deleting a deadline for local governments to amend coastal
39management elements and future land use maps; amending s.
40163.3180, F.S.; revising and providing provisions relating
41to concurrency; revising concurrency requirements;
42revising application and findings; revising local
43government requirements; revising and providing
44requirements relating to transportation concurrency,
45transportation concurrency exception areas, urban infill,
46urban redevelopment, urban service, downtown
47revitalization areas, transportation concurrency
48management areas, long-term transportation and school
49concurrency management systems, development of regional
50impact, school concurrency, service areas, financial
51feasibility, interlocal agreements, and multimodal
52transportation districts; revising duties of the Office of
53Program Policy Analysis and the state land planning
54agency; providing requirements for local plans; providing
55for the limiting the liability of local governments under
56certain conditions; amending s. 163.3182, F.S.; revising
57definitions; revising provisions relating to
58transportation deficiency plans and projects; amending s.
59163.3184, F.S.; providing a definition; providing
60requirements for comprehensive plans and plan amendments;
61providing a expedited state review process for adoption of
62comprehensive plan amendments; providing requirements for
63the adoption of comprehensive plan amendments; creating
64the state-coordinated review process; providing and
65revising provisions relating to the review process;
66revising requirements relating to local government
67transmittal of proposed plan or amendments; providing for
68comment by reviewing agencies; deleting provisions
69relating to regional, county, and municipal review;
70revising provisions relating to state land planning agency
71review; revising provisions relating to local government
72review of comments; deleting provisions relating to notice
73of intent and processes for compliance and noncompliance;
74providing procedures for administrative challenges to
75plans and plan amendments; providing for compliance
76agreements; providing for mediation and expeditious
77resolution; revising powers and duties of the
78administration commission; revising provisions relating to
79areas of critical state concern; providing for concurrent
80zoning; amending s. 163.3187, F.S.; deleting provisions
81relating to the amendment of adopted comprehensive plan
82and providing the process for adoption of small-scale
83comprehensive plan amendments; repealing s. 163.3189,
84F.S., relating to process for amendment of adopted
85comprehensive plan; amending s. 163.3191, F.S., relating
86to the evaluation and appraisal of comprehensive plans;
87providing and revising local government requirements
88including notice, amendments, compliance, mediation,
89reports, and scoping meetings; amending s. 163.3229, F.S.;
90revising limitations on duration of development
91agreements; amending s. 163.3235, F.S.; revising
92requirements for periodic reviews of a development
93agreements; amending s. 163.3239, F.S.; revising recording
94requirements; amending s. 163.3243, F.S.; revising parties
95who may file an action for injunctive relief; amending s.
96163.3245, F.S.; revising provisions relating to optional
97sector plans; authorizing the adoption of sector plans
98under certain circumstances; repealing s. 163.3246, F.S.,
99relating to local government comprehensive planning
100certification program; repealing s. 163.32465, F.S.,
101relating to state review of local comprehensive plans in
102urban areas; repealing s. 163.3247, F.S., relating to the
103Century Commission for a Sustainable Florida; creating s.
104163.3248, F.S.; providing for the designation of rural
105land stewardship areas; providing purposes and
106requirements for the establishment of such areas;
107providing for the creation of rural land stewardship
108overlay zoning district and transferable rural land use
109credits; providing certain limitation relating to such
110credits; providing for incentives; providing legislative
111intent; amending s. 380.06, F.S.; revising exemptions;
112revising provisions to conform to changes made by this
113act; repealing Rules 9J-5 and 9J-11.023, Florida
114Administrative Code, relating to minimum criteria for
115review of local government comprehensive plans and plan
116amendments, evaluation and appraisal reports, land
117development regulations and determinations of compliance;
118amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217,
119163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203,
120186.513, 189.415, 190.004, 190.005, 193.501, 287.042,
121288.063, 288.975, 290.0475, 311.07, 331.319, 339.155,
122339.2819, 369.303, 369.321, 378.021, 380.06, 380.115,
123380.031, 380.061, 380.065, 403.50665, 403.973, 420.5095,
124420.615, 420.5095, 420.9071, 420.9076, 720.403, 1013.30,
125and 1013.33, F.S.; revising provisions to conform to
126changes made by this act; requiring the state land
127planning agency to review certain administrative and
128judicial proceedings; providing procedures for such
129review; affirming statutory construction with respect to
130other legislation passed at the same session; providing a
131directive of the Division of Statutory Revision; providing
132an effective date.
133
134Be It Enacted by the Legislature of the State of Florida:
135
136     Section 1.  Subsection (26) of section 70.51, Florida
137Statutes, is amended to read:
138     70.51  Land use and environmental dispute resolution.-
139     (26)  A special magistrate's recommendation under this
140section constitutes data in support of, and a support document
141for, a comprehensive plan or comprehensive plan amendment, but
142is not, in and of itself, dispositive of a determination of
143compliance with chapter 163. Any comprehensive plan amendment
144necessary to carry out the approved recommendation of a special
145magistrate under this section is exempt from the twice-a-year
146limit on plan amendments and may be adopted by the local
147government amendments in s. 163.3184(16)(d).
148     Section 2.  Paragraphs (h) through (l) of subsection (3) of
149section 163.06, Florida Statutes, are redesignated as paragraphs
150(g) through (k), respectively, and present paragraph (g) of that
151subsection is amended to read:
152     163.06  Miami River Commission.-
153     (3)  The policy committee shall have the following powers
154and duties:
155     (g)  Coordinate a joint planning area agreement between the
156Department of Community Affairs, the city, and the county under
157the provisions of s. 163.3177(11)(a), (b), and (c).
158     Section 3.  Subsection (4) of section 163.2517, Florida
159Statutes, is amended to read:
160     163.2517  Designation of urban infill and redevelopment
161area.-
162     (4)  In order for a local government to designate an urban
163infill and redevelopment area, it must amend its comprehensive
164land use plan under s. 163.3187 to delineate the boundaries of
165the urban infill and redevelopment area within the future land
166use element of its comprehensive plan pursuant to its adopted
167urban infill and redevelopment plan. The state land planning
168agency shall review the boundary delineation of the urban infill
169and redevelopment area in the future land use element under s.
170163.3184. However, an urban infill and redevelopment plan
171adopted by a local government is not subject to review for
172compliance as defined by s. 163.3184(1)(b), and the local
173government is not required to adopt the plan as a comprehensive
174plan amendment. An amendment to the local comprehensive plan to
175designate an urban infill and redevelopment area is exempt from
176the twice-a-year amendment limitation of s. 163.3187.
177     Section 4.  Section 163.3161, Florida Statutes, is amended
178to read:
179     163.3161  Short title; intent and purpose.-
180     (1)  This part shall be known and may be cited as the
181"Community Local Government Comprehensive Planning and Land
182Development Regulation Act."
183     (2)  In conformity with, and in furtherance of, the purpose
184of the Florida Environmental Land and Water Management Act of
1851972, chapter 380, It is the purpose of this act to utilize and
186strengthen the existing role, processes, and powers of local
187governments in the establishment and implementation of
188comprehensive planning programs to guide and manage control
189future development consistent with the proper role of local
190government.
191     (3)  It is the intent of this act to focus the state role
192in managing growth under this act to protecting the functions of
193important state resources and facilities.
194     (4)  It is the intent of this act that the ability of its
195adoption is necessary so that local governments to can preserve
196and enhance present advantages; encourage the most appropriate
197use of land, water, and resources, consistent with the public
198interest; overcome present handicaps; and deal effectively with
199future problems that may result from the use and development of
200land within their jurisdictions. Through the process of
201comprehensive planning, it is intended that units of local
202government can preserve, promote, protect, and improve the
203public health, safety, comfort, good order, appearance,
204convenience, law enforcement and fire prevention, and general
205welfare; prevent the overcrowding of land and avoid undue
206concentration of population; facilitate the adequate and
207efficient provision of transportation, water, sewerage, schools,
208parks, recreational facilities, housing, and other requirements
209and services; and conserve, develop, utilize, and protect
210natural resources within their jurisdictions.
211     (5)(4)  It is the intent of this act to encourage and
212ensure assure cooperation between and among municipalities and
213counties and to encourage and assure coordination of planning
214and development activities of units of local government with the
215planning activities of regional agencies and state government in
216accord with applicable provisions of law.
217     (6)(5)  It is the intent of this act that adopted
218comprehensive plans shall have the legal status set out in this
219act and that no public or private development shall be permitted
220except in conformity with comprehensive plans, or elements or
221portions thereof, prepared and adopted in conformity with this
222act.
223     (7)(6)  It is the intent of this act that the activities of
224units of local government in the preparation and adoption of
225comprehensive plans, or elements or portions therefor, shall be
226conducted in conformity with the provisions of this act.
227     (8)(7)  The provisions of this act in their interpretation
228and application are declared to be the minimum requirements
229necessary to accomplish the stated intent, purposes, and
230objectives of this act; to protect human, environmental, social,
231and economic resources; and to maintain, through orderly growth
232and development, the character and stability of present and
233future land use and development in this state.
234     (9)(8)  It is the intent of the Legislature that the repeal
235of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
236of Florida, and amendments to this part by this chapter law,
237shall not be interpreted to limit or restrict the powers of
238municipal or county officials, but shall be interpreted as a
239recognition of their broad statutory and constitutional powers
240to plan for and regulate the use of land. It is, further, the
241intent of the Legislature to reconfirm that ss. 163.3161 through
242163.3248 163.3215 have provided and do provide the necessary
243statutory direction and basis for municipal and county officials
244to carry out their comprehensive planning and land development
245regulation powers, duties, and responsibilities.
246     (10)(9)  It is the intent of the Legislature that all
247governmental entities in this state recognize and respect
248judicially acknowledged or constitutionally protected private
249property rights. It is the intent of the Legislature that all
250rules, ordinances, regulations, and programs adopted under the
251authority of this act must be developed, promulgated,
252implemented, and applied with sensitivity for private property
253rights and not be unduly restrictive, and property owners must
254be free from actions by others which would harm their property.
255Full and just compensation or other appropriate relief must be
256provided to any property owner for a governmental action that is
257determined to be an invalid exercise of the police power which
258constitutes a taking, as provided by law. Any such relief must
259be determined in a judicial action.
260     (11)  It is the intent of this part that the traditional
261economic base of this state, agriculture, tourism, and military
262presence, be recognized and protected. Further, it is the intent
263of this part to encourage economic diversification, workforce
264development, and community planning.
265     (12)  It is the intent of this part that new statutory
266requirements created by the Legislature will not require a local
267government whose plan has been found to be in compliance with
268this part to adopt amendments implementing the new statutory
269requirements until the evaluation and appraisal period provided
270in s. 163.3191, unless otherwise specified in law. However, any
271new amendments must comply with the requirements of this part.
272     Section 5.  Subsections (2) through (5) of section
273163.3162, Florida Statutes, are renumbered as subsections (1)
274through (4), respectively, and present subsections (1) and (5)
275of that section are amended to read:
276     163.3162  Agricultural Lands and Practices Act.-
277     (1)  SHORT TITLE.-This section may be cited as the
278"Agricultural Lands and Practices Act."
279     (4)(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.-
280The owner of a parcel of land defined as an agricultural enclave
281under s. 163.3164(33) may apply for an amendment to the local
282government comprehensive plan pursuant to s. 163.3184 163.3187.
283Such amendment is presumed not to be urban sprawl as defined in
284s. 163.3164 if it includes consistent with rule 9J-5.006(5),
285Florida Administrative Code, and may include land uses and
286intensities of use that are consistent with the uses and
287intensities of use of the industrial, commercial, or residential
288areas that surround the parcel. This presumption may be rebutted
289by clear and convincing evidence. Each application for a
290comprehensive plan amendment under this subsection for a parcel
291larger than 640 acres must include appropriate new urbanism
292concepts such as clustering, mixed-use development, the creation
293of rural village and city centers, and the transfer of
294development rights in order to discourage urban sprawl while
295protecting landowner rights.
296     (a)  The local government and the owner of a parcel of land
297that is the subject of an application for an amendment shall
298have 180 days following the date that the local government
299receives a complete application to negotiate in good faith to
300reach consensus on the land uses and intensities of use that are
301consistent with the uses and intensities of use of the
302industrial, commercial, or residential areas that surround the
303parcel. Within 30 days after the local government's receipt of
304such an application, the local government and owner must agree
305in writing to a schedule for information submittal, public
306hearings, negotiations, and final action on the amendment, which
307schedule may thereafter be altered only with the written consent
308of the local government and the owner. Compliance with the
309schedule in the written agreement constitutes good faith
310negotiations for purposes of paragraph (c).
311     (b)  Upon conclusion of good faith negotiations under
312paragraph (a), regardless of whether the local government and
313owner reach consensus on the land uses and intensities of use
314that are consistent with the uses and intensities of use of the
315industrial, commercial, or residential areas that surround the
316parcel, the amendment must be transmitted to the state land
317planning agency for review pursuant to s. 163.3184. If the local
318government fails to transmit the amendment within 180 days after
319receipt of a complete application, the amendment must be
320immediately transferred to the state land planning agency for
321such review at the first available transmittal cycle. A plan
322amendment transmitted to the state land planning agency
323submitted under this subsection is presumed not to be urban
324sprawl as defined in s. 163.3164 consistent with rule 9J-
3255.006(5), Florida Administrative Code. This presumption may be
326rebutted by clear and convincing evidence.
327     (c)  If the owner fails to negotiate in good faith, a plan
328amendment submitted under this subsection is not entitled to the
329rebuttable presumption under this subsection in the negotiation
330and amendment process.
331     (d)  Nothing within this subsection relating to
332agricultural enclaves shall preempt or replace any protection
333currently existing for any property located within the
334boundaries of the following areas:
335     1.  The Wekiva Study Area, as described in s. 369.316; or
336     2.  The Everglades Protection Area, as defined in s.
337373.4592(2).
338     Section 6.  Section 163.3164, Florida Statutes, is amended
339to read:
340     163.3164  Community Local Government Comprehensive Planning
341and Land Development Regulation Act; definitions.-As used in
342this act:
343     (1)  "Administration Commission" means the Governor and the
344Cabinet, and for purposes of this chapter the commission shall
345act on a simple majority vote, except that for purposes of
346imposing the sanctions provided in s. 163.3184(8)(11),
347affirmative action shall require the approval of the Governor
348and at least two three other members of the commission.
349     (2)  "Affordable housing" has the same meaning as in s.
350420.0004(3).
351     (3)(33)  "Agricultural enclave" means an unincorporated,
352undeveloped parcel that:
353     (a)  Is owned by a single person or entity;
354     (b)  Has been in continuous use for bona fide agricultural
355purposes, as defined by s. 193.461, for a period of 5 years
356prior to the date of any comprehensive plan amendment
357application;
358     (c)  Is surrounded on at least 75 percent of its perimeter
359by:
360     1.  Property that has existing industrial, commercial, or
361residential development; or
362     2.  Property that the local government has designated, in
363the local government's comprehensive plan, zoning map, and
364future land use map, as land that is to be developed for
365industrial, commercial, or residential purposes, and at least 75
366percent of such property is existing industrial, commercial, or
367residential development;
368     (d)  Has public services, including water, wastewater,
369transportation, schools, and recreation facilities, available or
370such public services are scheduled in the capital improvement
371element to be provided by the local government or can be
372provided by an alternative provider of local government
373infrastructure in order to ensure consistency with applicable
374concurrency provisions of s. 163.3180; and
375     (e)  Does not exceed 1,280 acres; however, if the property
376is surrounded by existing or authorized residential development
377that will result in a density at buildout of at least 1,000
378residents per square mile, then the area shall be determined to
379be urban and the parcel may not exceed 4,480 acres.
380     (4)  "Antiquated subdivision" means a subdivision that was
381recorded or approved more than 20 years ago and that has
382substantially failed to be built and the continued buildout of
383the subdivision in accordance with the subdivision's zoning and
384land use purposes would cause an imbalance of land uses and
385would be detrimental to the local and regional economies and
386environment, hinder current planning practices, and lead to
387inefficient and fiscally irresponsible development patterns as
388determined by the respective jurisdiction in which the
389subdivision is located.
390     (5)(2)  "Area" or "area of jurisdiction" means the total
391area qualifying under the provisions of this act, whether this
392be all of the lands lying within the limits of an incorporated
393municipality, lands in and adjacent to incorporated
394municipalities, all unincorporated lands within a county, or
395areas comprising combinations of the lands in incorporated
396municipalities and unincorporated areas of counties.
397     (6)  "Capital improvement" means physical assets
398constructed or purchased to provide, improve, or replace a
399public facility and which are typically large scale and high in
400cost. The cost of a capital improvement is generally
401nonrecurring and may require multiyear financing. For the
402purposes of this part, physical assets that have been identified
403as existing or projected needs in the individual comprehensive
404plan elements shall be considered capital improvements.
405     (7)(3)  "Coastal area" means the 35 coastal counties and
406all coastal municipalities within their boundaries designated
407coastal by the state land planning agency.
408     (8)  "Compatibility" means a condition in which land uses
409or conditions can coexist in relative proximity to each other in
410a stable fashion over time such that no use or condition is
411unduly negatively impacted directly or indirectly by another use
412or condition.
413     (9)(4)  "Comprehensive plan" means a plan that meets the
414requirements of ss. 163.3177 and 163.3178.
415     (10)  "Deepwater ports" means the ports identified in s.
416403.021(9).
417     (11)  "Density" means an objective measurement of the
418number of people or residential units allowed per unit of land,
419such as residents or employees per acre.
420     (12)(5)  "Developer" means any person, including a
421governmental agency, undertaking any development as defined in
422this act.
423     (13)(6)  "Development" has the same meaning as given it in
424s. 380.04.
425     (14)(7)  "Development order" means any order granting,
426denying, or granting with conditions an application for a
427development permit.
428     (15)(8)  "Development permit" includes any building permit,
429zoning permit, subdivision approval, rezoning, certification,
430special exception, variance, or any other official action of
431local government having the effect of permitting the development
432of land.
433     (16)(25)  "Downtown revitalization" means the physical and
434economic renewal of a central business district of a community
435as designated by local government, and includes both downtown
436development and redevelopment.
437     (17)  "Floodprone areas" means areas inundated during a
438100-year flood event or areas identified by the National Flood
439Insurance Program as an A Zone on flood insurance rate maps or
440flood hazard boundary maps.
441     (18)  "Goal" means the long-term end toward which programs
442or activities are ultimately directed.
443     (19)(9)  "Governing body" means the board of county
444commissioners of a county, the commission or council of an
445incorporated municipality, or any other chief governing body of
446a unit of local government, however designated, or the
447combination of such bodies where joint utilization of the
448provisions of this act is accomplished as provided herein.
449     (20)(10)  "Governmental agency" means:
450     (a)  The United States or any department, commission,
451agency, or other instrumentality thereof.
452     (b)  This state or any department, commission, agency, or
453other instrumentality thereof.
454     (c)  Any local government, as defined in this section, or
455any department, commission, agency, or other instrumentality
456thereof.
457     (d)  Any school board or other special district, authority,
458or governmental entity.
459     (21)  "Intensity" means an objective measurement of the
460extent to which land may be developed or used, including the
461consumption or use of the space above, on, or below ground; the
462measurement of the use of or demand on natural resources; and
463the measurement of the use of or demand on facilities and
464services.
465     (22)  "Internal trip capture" means trips generated by a
466mixed-use project that travel from one on-site land use to
467another on-site land use without using the external road
468network.
469     (23)(11)  "Land" means the earth, water, and air, above,
470below, or on the surface, and includes any improvements or
471structures customarily regarded as land.
472     (24)(22)  "Land development regulation commission" means a
473commission designated by a local government to develop and
474recommend, to the local governing body, land development
475regulations which implement the adopted comprehensive plan and
476to review land development regulations, or amendments thereto,
477for consistency with the adopted plan and report to the
478governing body regarding its findings. The responsibilities of
479the land development regulation commission may be performed by
480the local planning agency.
481     (25)(23)  "Land development regulations" means ordinances
482enacted by governing bodies for the regulation of any aspect of
483development and includes any local government zoning, rezoning,
484subdivision, building construction, or sign regulations or any
485other regulations controlling the development of land, except
486that this definition shall not apply in s. 163.3213.
487     (26)(12)  "Land use" means the development that has
488occurred on the land, the development that is proposed by a
489developer on the land, or the use that is permitted or
490permissible on the land under an adopted comprehensive plan or
491element or portion thereof, land development regulations, or a
492land development code, as the context may indicate.
493     (27)  "Level of service" means an indicator of the extent
494or degree of service provided by, or proposed to be provided by,
495a facility based on and related to the operational
496characteristics of the facility. Level of service shall indicate
497the capacity per unit of demand for each public facility.
498     (28)(13)  "Local government" means any county or
499municipality.
500     (29)(14)  "Local planning agency" means the agency
501designated to prepare the comprehensive plan or plan amendments
502required by this act.
503     (30)(15)  A "Newspaper of general circulation" means a
504newspaper published at least on a weekly basis and printed in
505the language most commonly spoken in the area within which it
506circulates, but does not include a newspaper intended primarily
507for members of a particular professional or occupational group,
508a newspaper whose primary function is to carry legal notices, or
509a newspaper that is given away primarily to distribute
510advertising.
511     (31)  "New town" means an urban activity center and
512community designated on the future land use map of sufficient
513size, population and land use composition to support a variety
514of economic and social activities consistent with an urban area
515designation. New towns shall include basic economic activities;
516all major land use categories, with the possible exception of
517agricultural and industrial; and a centrally provided full range
518of public facilities and services that demonstrate internal trip
519capture. A new town shall be based on a master development plan.
520     (32)  "Objective" means a specific, measurable,
521intermediate end that is achievable and marks progress toward a
522goal.
523     (33)(16)  "Parcel of land" means any quantity of land
524capable of being described with such definiteness that its
525locations and boundaries may be established, which is designated
526by its owner or developer as land to be used, or developed as, a
527unit or which has been used or developed as a unit.
528     (34)(17)  "Person" means an individual, corporation,
529governmental agency, business trust, estate, trust, partnership,
530association, two or more persons having a joint or common
531interest, or any other legal entity.
532     (35)  "Policy" means the way in which programs and
533activities are conducted to achieve an identified goal.
534     (36)(28)  "Projects that promote public transportation"
535means projects that directly affect the provisions of public
536transit, including transit terminals, transit lines and routes,
537separate lanes for the exclusive use of public transit services,
538transit stops (shelters and stations), office buildings or
539projects that include fixed-rail or transit terminals as part of
540the building, and projects which are transit oriented and
541designed to complement reasonably proximate planned or existing
542public facilities.
543     (37)(24)  "Public facilities" means major capital
544improvements, including, but not limited to, transportation,
545sanitary sewer, solid waste, drainage, potable water,
546educational, parks and recreational, and health systems and
547facilities, and spoil disposal sites for maintenance dredging
548located in the intracoastal waterways, except for spoil disposal
549sites owned or used by ports listed in s. 403.021(9)(b).
550     (38)(18)  "Public notice" means notice as required by s.
551125.66(2) for a county or by s. 166.041(3)(a) for a
552municipality. The public notice procedures required in this part
553are established as minimum public notice procedures.
554     (39)(19)  "Regional planning agency" means the council
555created pursuant to chapter 186 agency designated by the state
556land planning agency to exercise responsibilities under law in a
557particular region of the state.
558     (40)  "Seasonal population" means part-time inhabitants who
559use, or may be expected to use, public facilities or services,
560but are not residents and includes tourists, migrant
561farmworkers, and other short-term and long-term visitors.
562     (41)(31)  "Optional Sector plan" means the an optional
563process authorized by s. 163.3245 in which one or more local
564governments engage in long-term planning for a large area and by
565agreement with the state land planning agency are allowed to
566address regional development-of-regional-impact issues through
567adoption of detailed specific area plans within the planning
568area within certain designated geographic areas identified in
569the local comprehensive plan as a means of fostering innovative
570planning and development strategies in s. 163.3177(11)(a) and
571(b), furthering the purposes of this part and part I of chapter
572380, reducing overlapping data and analysis requirements,
573protecting regionally significant resources and facilities, and
574addressing extrajurisdictional impacts. The term includes an
575optional sector plan that was adopted before the effective date
576of this act.
577     (42)(20)  "State land planning agency" means the Department
578of Community Affairs.
579     (43)(21)  "Structure" has the same meaning as in given it
580by s. 380.031(19).
581     (44)  "Suitability" means the degree to which the existing
582characteristics and limitations of land and water are compatible
583with a proposed use or development.
584     (45)  "Transit-oriented development" means a project or
585projects, in areas identified in a local government
586comprehensive plan, that is or will be served by existing or
587planned transit service. These designated areas shall be
588compact, moderate to high density developments, of mixed-use
589character, interconnected with other land uses, bicycle and
590pedestrian friendly, and designed to support frequent transit
591service operating through, collectively or separately, rail,
592fixed guideway, streetcar, or bus systems on dedicated
593facilities or available roadway connections.
594     (46)(30)  "Transportation corridor management" means the
595coordination of the planning of designated future transportation
596corridors with land use planning within and adjacent to the
597corridor to promote orderly growth, to meet the concurrency
598requirements of this chapter, and to maintain the integrity of
599the corridor for transportation purposes.
600     (47)(27)  "Urban infill" means the development of vacant
601parcels in otherwise built-up areas where public facilities such
602as sewer systems, roads, schools, and recreation areas are
603already in place and the average residential density is at least
604five dwelling units per acre, the average nonresidential
605intensity is at least a floor area ratio of 1.0 and vacant,
606developable land does not constitute more than 10 percent of the
607area.
608     (48)(26)  "Urban redevelopment" means demolition and
609reconstruction or substantial renovation of existing buildings
610or infrastructure within urban infill areas, existing urban
611service areas, or community redevelopment areas created pursuant
612to part III.
613     (49)(29)  "Urban service area" means built-up areas where
614public facilities and services, including, but not limited to,
615central water and sewer capacity and roads, are already in place
616or are committed in the first 3 years of the capital improvement
617schedule. In addition, for counties that qualify as dense urban
618land areas under subsection (34), the nonrural area of a county
619which has adopted into the county charter a rural area
620designation or areas identified in the comprehensive plan as
621urban service areas or urban growth boundaries on or before July
6221, 2009, are also urban service areas under this definition.
623     (50)  "Urban sprawl" means a development pattern
624characterized by low density, automobile-dependent development
625with either a single use or multiple uses that are not
626functionally related, requiring the extension of public
627facilities and services in an inefficient manner, and failing to
628provide a clear separation between urban and rural uses.
629     (32)  "Financial feasibility" means that sufficient
630revenues are currently available or will be available from
631committed funding sources for the first 3 years, or will be
632available from committed or planned funding sources for years 4
633and 5, of a 5-year capital improvement schedule for financing
634capital improvements, such as ad valorem taxes, bonds, state and
635federal funds, tax revenues, impact fees, and developer
636contributions, which are adequate to fund the projected costs of
637the capital improvements identified in the comprehensive plan
638necessary to ensure that adopted level-of-service standards are
639achieved and maintained within the period covered by the 5-year
640schedule of capital improvements. A comprehensive plan shall be
641deemed financially feasible for transportation and school
642facilities throughout the planning period addressed by the
643capital improvements schedule if it can be demonstrated that the
644level-of-service standards will be achieved and maintained by
645the end of the planning period even if in a particular year such
646improvements are not concurrent as required by s. 163.3180.
647     (34)  "Dense urban land area" means:
648     (a)  A municipality that has an average of at least 1,000
649people per square mile of land area and a minimum total
650population of at least 5,000;
651     (b)  A county, including the municipalities located
652therein, which has an average of at least 1,000 people per
653square mile of land area; or
654     (c)  A county, including the municipalities located
655therein, which has a population of at least 1 million.
656
657The Office of Economic and Demographic Research within the
658Legislature shall annually calculate the population and density
659criteria needed to determine which jurisdictions qualify as
660dense urban land areas by using the most recent land area data
661from the decennial census conducted by the Bureau of the Census
662of the United States Department of Commerce and the latest
663available population estimates determined pursuant to s.
664186.901. If any local government has had an annexation,
665contraction, or new incorporation, the Office of Economic and
666Demographic Research shall determine the population density
667using the new jurisdictional boundaries as recorded in
668accordance with s. 171.091. The Office of Economic and
669Demographic Research shall submit to the state land planning
670agency a list of jurisdictions that meet the total population
671and density criteria necessary for designation as a dense urban
672land area by July 1, 2009, and every year thereafter. The state
673land planning agency shall publish the list of jurisdictions on
674its Internet website within 7 days after the list is received.
675The designation of jurisdictions that qualify or do not qualify
676as a dense urban land area is effective upon publication on the
677state land planning agency's Internet website.
678     Section 7.  Section 163.3167, Florida Statutes, is amended
679to read:
680     163.3167  Scope of act.-
681     (1)  The several incorporated municipalities and counties
682shall have power and responsibility:
683     (a)  To plan for their future development and growth.
684     (b)  To adopt and amend comprehensive plans, or elements or
685portions thereof, to guide their future development and growth.
686     (c)  To implement adopted or amended comprehensive plans by
687the adoption of appropriate land development regulations or
688elements thereof.
689     (d)  To establish, support, and maintain administrative
690instruments and procedures to carry out the provisions and
691purposes of this act.
692
693The powers and authority set out in this act may be employed by
694municipalities and counties individually or jointly by mutual
695agreement in accord with the provisions of this act and in such
696combinations as their common interests may dictate and require.
697     (2)  Each local government shall maintain prepare a
698comprehensive plan of the type and in the manner set out in this
699part or prepare amendments to its existing comprehensive plan to
700conform it to the requirements of this part and in the manner
701set out in this part. In accordance with s. 163.3184, each local
702government shall submit to the state land planning agency its
703complete proposed comprehensive plan or its complete
704comprehensive plan as proposed to be amended.
705     (3)  When a local government has not prepared all of the
706required elements or has not amended its plan as required by
707subsection (2), the regional planning agency having
708responsibility for the area in which the local government lies
709shall prepare and adopt by rule, pursuant to chapter 120, the
710missing elements or adopt by rule amendments to the existing
711plan in accordance with this act by July 1, 1989, or within 1
712year after the dates specified or provided in subsection (2) and
713the state land planning agency review schedule, whichever is
714later. The regional planning agency shall provide at least 90
715days' written notice to any local government whose plan it is
716required by this subsection to prepare, prior to initiating the
717planning process. At least 90 days before the adoption by the
718regional planning agency of a comprehensive plan, or element or
719portion thereof, pursuant to this subsection, the regional
720planning agency shall transmit a copy of the proposed
721comprehensive plan, or element or portion thereof, to the local
722government and the state land planning agency for written
723comment. The state land planning agency shall review and comment
724on such plan, or element or portion thereof, in accordance with
725s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
726applicable to the regional planning agency as if it were a
727governing body. Existing comprehensive plans shall remain in
728effect until they are amended pursuant to subsection (2), this
729subsection, s. 163.3187, or s. 163.3189.
730     (3)(4)  A municipality established after the effective date
731of this act shall, within 1 year after incorporation, establish
732a local planning agency, pursuant to s. 163.3174, and prepare
733and adopt a comprehensive plan of the type and in the manner set
734out in this act within 3 years after the date of such
735incorporation. A county comprehensive plan shall be deemed
736controlling until the municipality adopts a comprehensive plan
737in accord with the provisions of this act. If, upon the
738expiration of the 3-year time limit, the municipality has not
739adopted a comprehensive plan, the regional planning agency shall
740prepare and adopt a comprehensive plan for such municipality.
741     (4)(5)  Any comprehensive plan, or element or portion
742thereof, adopted pursuant to the provisions of this act, which
743but for its adoption after the deadlines established pursuant to
744previous versions of this act would have been valid, shall be
745valid.
746     (6)  When a regional planning agency is required to prepare
747or amend a comprehensive plan, or element or portion thereof,
748pursuant to subsections (3) and (4), the regional planning
749agency and the local government may agree to a method of
750compensating the regional planning agency for any verifiable,
751direct costs incurred. If an agreement is not reached within 6
752months after the date the regional planning agency assumes
753planning responsibilities for the local government pursuant to
754subsections (3) and (4) or by the time the plan or element, or
755portion thereof, is completed, whichever is earlier, the
756regional planning agency shall file invoices for verifiable,
757direct costs involved with the governing body. Upon the failure
758of the local government to pay such invoices within 90 days, the
759regional planning agency may, upon filing proper vouchers with
760the Chief Financial Officer, request payment by the Chief
761Financial Officer from unencumbered revenue or other tax sharing
762funds due such local government from the state for work actually
763performed, and the Chief Financial Officer shall pay such
764vouchers; however, the amount of such payment shall not exceed
76550 percent of such funds due such local government in any one
766year.
767     (7)  A local government that is being requested to pay
768costs may seek an administrative hearing pursuant to ss. 120.569
769and 120.57 to challenge the amount of costs and to determine if
770the statutory prerequisites for payment have been complied with.
771Final agency action shall be taken by the state land planning
772agency. Payment shall be withheld as to disputed amounts until
773proceedings under this subsection have been completed.
774     (5)(8)  Nothing in this act shall limit or modify the
775rights of any person to complete any development that has been
776authorized as a development of regional impact pursuant to
777chapter 380 or who has been issued a final local development
778order and development has commenced and is continuing in good
779faith.
780     (6)(9)  The Reedy Creek Improvement District shall exercise
781the authority of this part as it applies to municipalities,
782consistent with the legislative act under which it was
783established, for the total area under its jurisdiction.
784     (7)(10)  Nothing in this part shall supersede any provision
785of ss. 341.8201-341.842.
786     (11)  Each local government is encouraged to articulate a
787vision of the future physical appearance and qualities of its
788community as a component of its local comprehensive plan. The
789vision should be developed through a collaborative planning
790process with meaningful public participation and shall be
791adopted by the governing body of the jurisdiction. Neighboring
792communities, especially those sharing natural resources or
793physical or economic infrastructure, are encouraged to create
794collective visions for greater-than-local areas. Such collective
795visions shall apply in each city or county only to the extent
796that each local government chooses to make them applicable. The
797state land planning agency shall serve as a clearinghouse for
798creating a community vision of the future and may utilize the
799Growth Management Trust Fund, created by s. 186.911, to provide
800grants to help pay the costs of local visioning programs. When a
801local vision of the future has been created, a local government
802should review its comprehensive plan, land development
803regulations, and capital improvement program to ensure that
804these instruments will help to move the community toward its
805vision in a manner consistent with this act and with the state
806comprehensive plan. A local or regional vision must be
807consistent with the state vision, when adopted, and be
808internally consistent with the local or regional plan of which
809it is a component. The state land planning agency shall not
810adopt minimum criteria for evaluating or judging the form or
811content of a local or regional vision.
812     (8)(12)  An initiative or referendum process in regard to
813any development order or in regard to any local comprehensive
814plan amendment or map amendment that affects five or fewer
815parcels of land is prohibited.
816     (9)(13)  Each local government shall address in its
817comprehensive plan, as enumerated in this chapter, the water
818supply sources necessary to meet and achieve the existing and
819projected water use demand for the established planning period,
820considering the applicable plan developed pursuant to s.
821373.709.
822     (10)(14)(a)  If a local government grants a development
823order pursuant to its adopted land development regulations and
824the order is not the subject of a pending appeal and the
825timeframe for filing an appeal has expired, the development
826order may not be invalidated by a subsequent judicial
827determination that such land development regulations, or any
828portion thereof that is relevant to the development order, are
829invalid because of a deficiency in the approval standards.
830     (b)  This subsection does not preclude or affect the timely
831institution of any other remedy available at law or equity,
832including a common law writ of certiorari proceeding pursuant to
833Rule 9.190, Florida Rules of Appellate Procedure, or an original
834proceeding pursuant to s. 163.3215, as applicable.
835     (c)  This subsection applies retroactively to any
836development order granted on or after January 1, 2002.
837     Section 8.  Section 163.3168, Florida Statutes, is created
838to read:
839     163.3168  Planning innovations and technical assistance.-
840     (1)  The Legislature recognizes the need for innovative
841planning and development strategies to promote a diverse economy
842and vibrant rural and urban communities, while protecting
843environmentally sensitive areas. The Legislature further
844recognizes the substantial advantages of innovative approaches
845to development directed to meet the needs of urban, rural, and
846suburban areas.
847     (2)  Local governments are encouraged to apply innovative
848planning tools, including, but not limited to, visioning, sector
849planning, and rural land stewardship area designations to
850address future new development areas, urban service area
851designations, urban growth boundaries, and mixed-use, high-
852density development in urban areas.
853     (3)  The state land planning agency shall help communities
854find creative solutions to fostering vibrant, healthy
855communities, while protecting the functions of important state
856resources and facilities. The state land planning agency and all
857other appropriate state and regional agencies may use various
858means to provide direct and indirect technical assistance within
859available resources. If plan amendments may adversely impact
860important state resources or facilities, upon request by the
861local government, the state land planning agency shall
862coordinate multi-agency assistance, if needed, in developing an
863amendment to minimize impacts on such resources or facilities.
864     Section 9.  Subsection (4) of section 163.3171, Florida
865Statutes, is amended to read:
866     163.3171  Areas of authority under this act.-
867     (4)  The state land planning agency and a Local governments
868may government shall have the power to enter into agreements
869with each other and to agree together to enter into agreements
870with a landowner, developer, or governmental agency as may be
871necessary or desirable to effectuate the provisions and purposes
872of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
873and 163.3248. It is the Legislature's intent that joint
874agreements entered into under the authority of this section be
875liberally, broadly, and flexibly construed to facilitate
876intergovernmental cooperation between cities and counties and to
877encourage planning in advance of jurisdictional changes. Joint
878agreements, executed before or after the effective date of this
879act, include, but are not limited to, agreements that
880contemplate municipal adoption of plans or plan amendments for
881lands in advance of annexation of such lands into the
882municipality, and may permit municipalities and counties to
883exercise nonexclusive extrajurisdictional authority within
884incorporated and unincorporated areas. The state land planning
885agency shall not have authority to interpret, invalidate, or
886declare inoperative such joint agreements, and the validity of
887joint agreements may not be a basis for finding plans or plan
888amendments not in compliance pursuant to the provisions of
889chapter law.
890     Section 10.  Subsection (1) of section 163.3174, Florida
891Statutes, is amended to read:
892     163.3174  Local planning agency.-
893     (1)  The governing body of each local government,
894individually or in combination as provided in s. 163.3171, shall
895designate and by ordinance establish a "local planning agency,"
896unless the agency is otherwise established by law.
897Notwithstanding any special act to the contrary, all local
898planning agencies or equivalent agencies that first review
899rezoning and comprehensive plan amendments in each municipality
900and county shall include a representative of the school district
901appointed by the school board as a nonvoting member of the local
902planning agency or equivalent agency to attend those meetings at
903which the agency considers comprehensive plan amendments and
904rezonings that would, if approved, increase residential density
905on the property that is the subject of the application. However,
906this subsection does not prevent the governing body of the local
907government from granting voting status to the school board
908member. The governing body may designate itself as the local
909planning agency pursuant to this subsection with the addition of
910a nonvoting school board representative. The governing body
911shall notify the state land planning agency of the establishment
912of its local planning agency. All local planning agencies shall
913provide opportunities for involvement by applicable community
914college boards, which may be accomplished by formal
915representation, membership on technical advisory committees, or
916other appropriate means. The local planning agency shall prepare
917the comprehensive plan or plan amendment after hearings to be
918held after public notice and shall make recommendations to the
919governing body regarding the adoption or amendment of the plan.
920The agency may be a local planning commission, the planning
921department of the local government, or other instrumentality,
922including a countywide planning entity established by special
923act or a council of local government officials created pursuant
924to s. 163.02, provided the composition of the council is fairly
925representative of all the governing bodies in the county or
926planning area; however:
927     (a)  If a joint planning entity is in existence on the
928effective date of this act which authorizes the governing bodies
929to adopt and enforce a land use plan effective throughout the
930joint planning area, that entity shall be the agency for those
931local governments until such time as the authority of the joint
932planning entity is modified by law.
933     (b)  In the case of chartered counties, the planning
934responsibility between the county and the several municipalities
935therein shall be as stipulated in the charter.
936     Section 11.  Section 163.3177, Florida Statutes, is amended
937to read:
938     163.3177  Required and optional elements of comprehensive
939plan; studies and surveys.-
940     (1)  The comprehensive plan shall provide the consist of
941materials in such descriptive form, written or graphic, as may
942be appropriate to the prescription of principles, guidelines,
943and standards, and strategies for the orderly and balanced
944future economic, social, physical, environmental, and fiscal
945development of the area that reflects community commitments to
946implement the plan and its elements. These principles and
947strategies shall guide future decisions in a consistent manner
948and shall contain programs and activities to ensure
949comprehensive plans are implemented. The sections of the
950comprehensive plan containing the principles and strategies,
951generally provided as goals, objectives, and policies, shall
952describe how the local government's programs, activities, and
953land development regulations will be initiated, modified, or
954continued to implement the comprehensive plan in a consistent
955manner. It is not the intent of this part to require the
956inclusion of implementing regulations in the comprehensive plan
957but rather to require identification of those programs,
958activities, and land development regulations that will be part
959of the strategy for implementing the comprehensive plan and the
960principles that describe how the programs, activities, and land
961development regulations will be carried out. The plan shall
962establish meaningful and predictable standards for the use and
963development of land and provide meaningful guidelines for the
964content of more detailed land development and use regulations.
965     (a)  The comprehensive plan shall consist of elements as
966described in this section, and may include optional elements.
967     (b)  A local government may include, as part of its adopted
968plan, documents adopted by reference but not incorporated
969verbatim into the plan. The adoption by reference must identify
970the title and author of the document and indicate clearly what
971provisions and edition of the document is being adopted.
972     (c)  The format of these principles and guidelines is at
973the discretion of the local government, but typically is
974expressed in goals, objectives, policies, and strategies.
975     (d)  Proposed elements shall identify procedures for
976monitoring, evaluating, and appraising implementation of the
977plan.
978     (e)  When a federal, state, or regional agency has
979implemented a regulatory program, a local government is not
980required to duplicate or exceed that regulatory program in its
981local comprehensive plan.
982     (f)  All mandatory and optional elements of the
983comprehensive plan and plan amendments shall be based upon a
984justification by the local government that may include, but not
985be limited to, surveys, studies, community goals and vision, and
986other data available at the time of adoption of the
987comprehensive plan or plan amendment. To be based on data means
988to react to it in an appropriate way and to the extent necessary
989indicated by the data available on that particular subject at
990the time of adoption of the plan or plan amendment at issue.
991     1.  Surveys, studies, and data utilized in the preparation
992of the comprehensive plan shall not be deemed a part of the
993comprehensive plan unless adopted as a part of it. Copies of
994such studies, surveys, data, and supporting documents shall be
995made available for public inspection, and copies of such plans
996shall be made available to the public upon payment of reasonable
997charges for reproduction. Support data or summaries shall not be
998subject to the compliance review process, but the comprehensive
999plan must be clearly based on appropriate data. Support data or
1000summaries may be used to aid in the determination of compliance
1001and consistency.
1002     2.  Data must be taken from professionally accepted
1003sources. The application of a methodology utilized in data
1004collection or whether a particular methodology is professionally
1005accepted may be evaluated. However, the evaluation shall not
1006include whether one accepted methodology is better than another.
1007Original data collection by local governments is not required.
1008However, local governments may use original data so long as
1009methodologies are professionally accepted.
1010     3.  The comprehensive plan shall be based upon resident and
1011seasonal population estimates and projections, which shall
1012either be those provided by the University of Florida's Bureau
1013of Economic and Business Research or generated by the local
1014government based upon a professionally acceptable methodology.
1015The plan must be based on at least the minimum amount of land
1016required to accommodate the medium projections of the University
1017of Florida's Bureau of Economic and Business Research.
1018     (2)  Coordination of the several elements of the local
1019comprehensive plan shall be a major objective of the planning
1020process. The several elements of the comprehensive plan shall be
1021consistent. Where data is relevant to several elements,
1022consistent data shall be used, including population estimates
1023and projections unless alternative data can be justified for a
1024plan amendment through new supporting data and analysis. Each
1025map depicting future conditions must reflect the principles,
1026guidelines, and standards within all elements and each such map
1027must be contained within the comprehensive plan, and the
1028comprehensive plan shall be financially feasible. Financial
1029feasibility shall be determined using professionally accepted
1030methodologies and applies to the 5-year planning period, except
1031in the case of a long-term transportation or school concurrency
1032management system, in which case a 10-year or 15-year period
1033applies.
1034     (3)(a)  The comprehensive plan shall contain a capital
1035improvements element designed to consider the need for and the
1036location of public facilities in order to encourage the
1037efficient use of such facilities and set forth:
1038     1.  A component that outlines principles for construction,
1039extension, or increase in capacity of public facilities, as well
1040as a component that outlines principles for correcting existing
1041public facility deficiencies, which are necessary to implement
1042the comprehensive plan. The components shall cover at least a 5-
1043year period.
1044     2.  Estimated public facility costs, including a
1045delineation of when facilities will be needed, the general
1046location of the facilities, and projected revenue sources to
1047fund the facilities.
1048     3.  Standards to ensure the availability of public
1049facilities and the adequacy of those facilities including
1050acceptable levels of service.
1051     4.  Standards for the management of debt.
1052     4.5.  A schedule of capital improvements which includes any
1053publicly funded projects of federal, state, or local government,
1054and which may include privately funded projects for which the
1055local government has no fiscal responsibility. Projects,
1056necessary to ensure that any adopted level-of-service standards
1057are achieved and maintained for the 5-year period must be
1058identified as either funded or unfunded and given a level of
1059priority for funding. For capital improvements that will be
1060funded by the developer, financial feasibility shall be
1061demonstrated by being guaranteed in an enforceable development
1062agreement or interlocal agreement pursuant to paragraph (10)(h),
1063or other enforceable agreement. These development agreements and
1064interlocal agreements shall be reflected in the schedule of
1065capital improvements if the capital improvement is necessary to
1066serve development within the 5-year schedule. If the local
1067government uses planned revenue sources that require referenda
1068or other actions to secure the revenue source, the plan must, in
1069the event the referenda are not passed or actions do not secure
1070the planned revenue source, identify other existing revenue
1071sources that will be used to fund the capital projects or
1072otherwise amend the plan to ensure financial feasibility.
1073     5.6.  The schedule must include transportation improvements
1074included in the applicable metropolitan planning organization's
1075transportation improvement program adopted pursuant to s.
1076339.175(8) to the extent that such improvements are relied upon
1077to ensure concurrency and financial feasibility. The schedule
1078must also be coordinated with the applicable metropolitan
1079planning organization's long-range transportation plan adopted
1080pursuant to s. 339.175(7).
1081     (b)1.  The capital improvements element must be reviewed by
1082the local government on an annual basis. Modifications and
1083modified as necessary in accordance with s. 163.3187 or s.
1084163.3189 in order to update the maintain a financially feasible
10855-year capital improvement schedule of capital improvements.
1086Corrections and modifications concerning costs; revenue sources;
1087or acceptance of facilities pursuant to dedications which are
1088consistent with the plan may be accomplished by ordinance and
1089shall not be deemed to be amendments to the local comprehensive
1090plan. A copy of the ordinance shall be transmitted to the state
1091land planning agency. An amendment to the comprehensive plan is
1092required to update the schedule on an annual basis or to
1093eliminate, defer, or delay the construction for any facility
1094listed in the 5-year schedule. All public facilities must be
1095consistent with the capital improvements element. The annual
1096update to the capital improvements element of the comprehensive
1097plan need not comply with the financial feasibility requirement
1098until December 1, 2011. Thereafter, a local government may not
1099amend its future land use map, except for plan amendments to
1100meet new requirements under this part and emergency amendments
1101pursuant to s. 163.3187(1)(a), after December 1, 2011, and every
1102year thereafter, unless and until the local government has
1103adopted the annual update and it has been transmitted to the
1104state land planning agency.
1105     2.  Capital improvements element amendments adopted after
1106the effective date of this act shall require only a single
1107public hearing before the governing board which shall be an
1108adoption hearing as described in s. 163.3184(7). Such amendments
1109are not subject to the requirements of s. 163.3184(3)-(6).
1110     (c)  If the local government does not adopt the required
1111annual update to the schedule of capital improvements, the state
1112land planning agency must notify the Administration Commission.
1113A local government that has a demonstrated lack of commitment to
1114meeting its obligations identified in the capital improvements
1115element may be subject to sanctions by the Administration
1116Commission pursuant to s. 163.3184(11).
1117     (d)  If a local government adopts a long-term concurrency
1118management system pursuant to s. 163.3180(9), it must also adopt
1119a long-term capital improvements schedule covering up to a 10-
1120year or 15-year period, and must update the long-term schedule
1121annually. The long-term schedule of capital improvements must be
1122financially feasible.
1123     (e)  At the discretion of the local government and
1124notwithstanding the requirements of this subsection, a
1125comprehensive plan, as revised by an amendment to the plan's
1126future land use map, shall be deemed to be financially feasible
1127and to have achieved and maintained level-of-service standards
1128as required by this section with respect to transportation
1129facilities if the amendment to the future land use map is
1130supported by a:
1131     1.  Condition in a development order for a development of
1132regional impact or binding agreement that addresses
1133proportionate-share mitigation consistent with s. 163.3180(12);
1134or
1135     2.  Binding agreement addressing proportionate fair-share
1136mitigation consistent with s. 163.3180(16)(f) and the property
1137subject to the amendment to the future land use map is located
1138within an area designated in a comprehensive plan for urban
1139infill, urban redevelopment, downtown revitalization, urban
1140infill and redevelopment, or an urban service area. The binding
1141agreement must be based on the maximum amount of development
1142identified by the future land use map amendment or as may be
1143otherwise restricted through a special area plan policy or map
1144notation in the comprehensive plan.
1145     (f)  A local government's comprehensive plan and plan
1146amendments for land uses within all transportation concurrency
1147exception areas that are designated and maintained in accordance
1148with s. 163.3180(5) shall be deemed to meet the requirement to
1149achieve and maintain level-of-service standards for
1150transportation.
1151     (4)(a)  Coordination of the local comprehensive plan with
1152the comprehensive plans of adjacent municipalities, the county,
1153adjacent counties, or the region; with the appropriate water
1154management district's regional water supply plans approved
1155pursuant to s. 373.709; and with adopted rules pertaining to
1156designated areas of critical state concern; and with the state
1157comprehensive plan shall be a major objective of the local
1158comprehensive planning process. To that end, in the preparation
1159of a comprehensive plan or element thereof, and in the
1160comprehensive plan or element as adopted, the governing body
1161shall include a specific policy statement indicating the
1162relationship of the proposed development of the area to the
1163comprehensive plans of adjacent municipalities, the county,
1164adjacent counties, or the region and to the state comprehensive
1165plan, as the case may require and as such adopted plans or plans
1166in preparation may exist.
1167     (b)  When all or a portion of the land in a local
1168government jurisdiction is or becomes part of a designated area
1169of critical state concern, the local government shall clearly
1170identify those portions of the local comprehensive plan that
1171shall be applicable to the critical area and shall indicate the
1172relationship of the proposed development of the area to the
1173rules for the area of critical state concern.
1174     (5)(a)  Each local government comprehensive plan must
1175include at least two planning periods, one covering at least the
1176first 5-year period occurring after the plan's adoption and one
1177covering at least a 10-year period. Additional planning periods
1178for specific components, elements, land use amendments, or
1179projects shall be permissible and accepted as part of the
1180planning process.
1181     (b)  The comprehensive plan and its elements shall contain
1182guidelines or policies policy recommendations for the
1183implementation of the plan and its elements.
1184     (6)  In addition to the requirements of subsections (1)-(5)
1185and (12), the comprehensive plan shall include the following
1186elements:
1187     (a)  A future land use plan element designating proposed
1188future general distribution, location, and extent of the uses of
1189land for residential uses, commercial uses, industry,
1190agriculture, recreation, conservation, education, public
1191buildings and grounds, other public facilities, and other
1192categories of the public and private uses of land. The
1193approximate acreage and the general range of density or
1194intensity of use shall be provided for the gross land area
1195included in each existing land use category. The element shall
1196establish the long-term end toward which land use programs and
1197activities are ultimately directed. Counties are encouraged to
1198designate rural land stewardship areas, pursuant to paragraph
1199(11)(d), as overlays on the future land use map.
1200     1.  Each future land use category must be defined in terms
1201of uses included, and must include standards to be followed in
1202the control and distribution of population densities and
1203building and structure intensities. The proposed distribution,
1204location, and extent of the various categories of land use shall
1205be shown on a land use map or map series which shall be
1206supplemented by goals, policies, and measurable objectives.
1207     2.  The future land use plan and plan amendments shall be
1208based upon surveys, studies, and data regarding the area, as
1209applicable, including:
1210     a.  The amount of land required to accommodate anticipated
1211growth.;
1212     b.  The projected residential and seasonal population of
1213the area.;
1214     c.  The character of undeveloped land.;
1215     d.  The availability of water supplies, public facilities,
1216and services.;
1217     e.  The need for redevelopment, including the renewal of
1218blighted areas and the elimination of nonconforming uses which
1219are inconsistent with the character of the community.;
1220     f.  The compatibility of uses on lands adjacent to or
1221closely proximate to military installations.;
1222     g.  The compatibility of uses on lands adjacent to an
1223airport as defined in s. 330.35 and consistent with s. 333.02.;
1224     h.  The discouragement of urban sprawl.; energy-efficient
1225land use patterns accounting for existing and future electric
1226power generation and transmission systems; greenhouse gas
1227reduction strategies; and, in rural communities,
1228     i.  The need for job creation, capital investment, and
1229economic development that will strengthen and diversify the
1230community's economy.
1231     j.  The need to modify land uses and development patterns
1232within antiquated subdivisions. The future land use plan may
1233designate areas for future planned development use involving
1234combinations of types of uses for which special regulations may
1235be necessary to ensure development in accord with the principles
1236and standards of the comprehensive plan and this act.
1237     3.  The future land use plan element shall include criteria
1238to be used to:
1239     a.  Achieve the compatibility of lands adjacent or closely
1240proximate to military installations, considering factors
1241identified in s. 163.3175(5)., and
1242     b.  Achieve the compatibility of lands adjacent to an
1243airport as defined in s. 330.35 and consistent with s. 333.02.
1244     c.  Encourage preservation of recreational and commercial
1245working waterfronts for water dependent uses in coastal
1246communities.
1247     d.  Encourage the location of schools proximate to urban
1248residential areas to the extent possible.
1249     e.  Coordinate future land uses with the topography and
1250soil conditions, and the availability of facilities and
1251services.
1252     f.  Ensure the protection of natural and historic
1253resources.
1254     g.  Provide for the compatibility of adjacent land uses.
1255     h.  Provide guidelines for the implementation of mixed use
1256development including the types of uses allowed, the percentage
1257distribution among the mix of uses, or other standards, and the
1258density and intensity of each use.
1259     4.  In addition, for rural communities, The amount of land
1260designated for future planned uses industrial use shall provide
1261a balance of uses that foster vibrant, viable communities and
1262economic development opportunities and address outdated
1263development patterns, such as antiquated subdivisions. The
1264amount of land designated for future land uses should allow the
1265operation of real estate markets to provide adequate choices for
1266permanent and seasonal residents and business and be based upon
1267surveys and studies that reflect the need for job creation,
1268capital investment, and the necessity to strengthen and
1269diversify the local economies, and may not be limited solely by
1270the projected population of the rural community. The element
1271shall accommodate at least the minimum amount of land required
1272to accommodate the medium projections of the University of
1273Florida's Bureau of Economic and Business Research.
1274     5.  The future land use plan of a county may also designate
1275areas for possible future municipal incorporation.
1276     6.  The land use maps or map series shall generally
1277identify and depict historic district boundaries and shall
1278designate historically significant properties meriting
1279protection. For coastal counties, the future land use element
1280must include, without limitation, regulatory incentives and
1281criteria that encourage the preservation of recreational and
1282commercial working waterfronts as defined in s. 342.07.
1283     7.  The future land use element must clearly identify the
1284land use categories in which public schools are an allowable
1285use. When delineating the land use categories in which public
1286schools are an allowable use, a local government shall include
1287in the categories sufficient land proximate to residential
1288development to meet the projected needs for schools in
1289coordination with public school boards and may establish
1290differing criteria for schools of different type or size. Each
1291local government shall include lands contiguous to existing
1292school sites, to the maximum extent possible, within the land
1293use categories in which public schools are an allowable use. The
1294failure by a local government to comply with these school siting
1295requirements will result in the prohibition of the local
1296government's ability to amend the local comprehensive plan,
1297except for plan amendments described in s. 163.3187(1)(b), until
1298the school siting requirements are met. Amendments proposed by a
1299local government for purposes of identifying the land use
1300categories in which public schools are an allowable use are
1301exempt from the limitation on the frequency of plan amendments
1302contained in s. 163.3187. The future land use element shall
1303include criteria that encourage the location of schools
1304proximate to urban residential areas to the extent possible and
1305shall require that the local government seek to collocate public
1306facilities, such as parks, libraries, and community centers,
1307with schools to the extent possible and to encourage the use of
1308elementary schools as focal points for neighborhoods. For
1309schools serving predominantly rural counties, defined as a
1310county with a population of 100,000 or fewer, an agricultural
1311land use category is eligible for the location of public school
1312facilities if the local comprehensive plan contains school
1313siting criteria and the location is consistent with such
1314criteria.
1315     8.  Future land use map amendments shall be based upon the
1316following analyses:
1317     a.  An analysis of the availability of facilities and
1318services.
1319     b.  An analysis of the suitability of the plan amendment
1320for its proposed use considering the character of the
1321undeveloped land, soils, topography, natural resources, and
1322historic resources on site.
1323     c.  An analysis of the minimum amount of land needed as
1324determined by the local government.
1325     9.  The future land use element and any amendment to the
1326future land use element shall discourage the proliferation of
1327urban sprawl.
1328     a.  The primary indicators that a plan or plan amendment
1329does not discourage the proliferation of urban sprawl are listed
1330below. The evaluation of the presence of these indicators shall
1331consist of an analysis of the plan or plan amendment within the
1332context of features and characteristics unique to each locality
1333in order to determine whether the plan or plan amendment:
1334     (I)  Promotes, allows, or designates for development
1335substantial areas of the jurisdiction to develop as low-
1336intensity, low-density, or single-use development or uses.
1337     (II)  Promotes, allows, or designates significant amounts
1338of urban development to occur in rural areas at substantial
1339distances from existing urban areas while not using undeveloped
1340lands that are available and suitable for development.
1341     (III)  Promotes, allows, or designates urban development in
1342radial, strip, isolated, or ribbon patterns generally emanating
1343from existing urban developments.
1344     (IV)  Fails to adequately protect and conserve natural
1345resources, such as wetlands, floodplains, native vegetation,
1346environmentally sensitive areas, natural groundwater aquifer
1347recharge areas, lakes, rivers, shorelines, beaches, bays,
1348estuarine systems, and other significant natural systems.
1349     (V)  Fails to adequately protect adjacent agricultural
1350areas and activities, including silviculture, active
1351agricultural and silvicultural activities, passive agricultural
1352activities, and dormant, unique, and prime farmlands and soils.
1353     (VI)  Fails to maximize use of existing public facilities
1354and services.
1355     (VII)  Fails to maximize use of future public facilities
1356and services.
1357     (VIII)  Allows for land use patterns or timing which
1358disproportionately increase the cost in time, money, and energy
1359of providing and maintaining facilities and services, including
1360roads, potable water, sanitary sewer, stormwater management, law
1361enforcement, education, health care, fire and emergency
1362response, and general government.
1363     (IX)  Fails to provide a clear separation between rural and
1364urban uses.
1365     (X)  Discourages or inhibits infill development or the
1366redevelopment of existing neighborhoods and communities.
1367     (XI)  Fails to encourage a functional mix of uses.
1368     (XII)  Results in poor accessibility among linked or
1369related land uses.
1370     (XIII)  Results in the loss of significant amounts of
1371functional open space.
1372     b.  The future land use element or plan amendment shall be
1373determined to discourage the proliferation of urban sprawl if it
1374incorporates a development pattern or urban form that achieves
1375four or more of the following:
1376     (I)  Directs or locates economic growth and associated land
1377development to geographic areas of the community in a manner
1378that does not have an adverse impact on and protects natural
1379resources and ecosystems.
1380     (II)  Promotes the efficient and cost-effective provision
1381or extension of public infrastructure and services.
1382     (III)  Promotes walkable and connected communities and
1383provides for compact development and a mix of uses at densities
1384and intensities that will support a range of housing choices and
1385a multimodal transportation system, including pedestrian,
1386bicycle, and transit, if available.
1387     (IV)  Promotes conservation of water and energy.
1388     (V)  Preserves agricultural areas and activities, including
1389silviculture, and dormant, unique, and prime farmlands and
1390soils.
1391     (VI)  Preserves open space and natural lands and provides
1392for public open space and recreation needs.
1393     (VII)  Creates a balance of land uses based upon demands of
1394residential population for the nonresidential needs of an area.
1395     (VIII)  Provides uses, densities, and intensities of use
1396and urban form that would remediate an existing or planned
1397development pattern in the vicinity that constitutes sprawl or
1398if it provides for an innovative development pattern such as
1399transit-oriented developments or new towns as defined in s.
1400163.3164.
1401     10.  The future land use element shall include a future
1402land use map or map series.
1403     a.  The proposed distribution, extent, and location of the
1404following uses shall be shown on the future land use map or map
1405series:
1406     (I)  Residential.
1407     (II)  Commercial.
1408     (III)  Industrial.
1409     (IV)  Agricultural.
1410     (V)  Recreational.
1411     (VI)  Conservation.
1412     (VII)  Educational.
1413     (VIII)  Public.
1414     b.  The following areas shall also be shown on the future
1415land use map or map series, if applicable:
1416     (I)  Historic district boundaries and designated
1417historically significant properties.
1418     (II)  Transportation concurrency management area boundaries
1419or transportation concurrency exception area boundaries.
1420     (III)  Multimodal transportation district boundaries.
1421     (IV)  Mixed use categories.
1422     c.  The following natural resources or conditions shall be
1423shown on the future land use map or map series, if applicable:
1424     (I)  Existing and planned public potable waterwells, cones
1425of influence, and wellhead protection areas.
1426     (II)  Beaches and shores, including estuarine systems.
1427     (III)  Rivers, bays, lakes, floodplains, and harbors.
1428     (IV)  Wetlands.
1429     (V)  Minerals and soils.
1430     (VI)  Coastal high hazard areas.
1431     11.  Local governments required to update or amend their
1432comprehensive plan to include criteria and address compatibility
1433of lands adjacent or closely proximate to existing military
1434installations, or lands adjacent to an airport as defined in s.
1435330.35 and consistent with s. 333.02, in their future land use
1436plan element shall transmit the update or amendment to the state
1437land planning agency by June 30, 2012.
1438     (b)1.  A transportation element addressing mobility issues
1439in relationship to the size and character of the local
1440government. The purpose of the transportation element shall be
1441to plan for a multimodal transportation system that places
1442emphasis on public transportation systems, where feasible. The
1443element shall provide for a safe, convenient multimodal
1444transportation system, coordinated with the future land use map
1445or map series and designed to support all elements of the
1446comprehensive plan. A local government that has all or part of
1447its jurisdiction included within the metropolitan planning area
1448of a metropolitan planning organization (M.P.O.) pursuant to s.
1449339.175 shall prepare and adopt a transportation element
1450consistent with this subsection. Local governments that are not
1451located within the metropolitan planning area of an M.P.O. shall
1452address traffic circulation, mass transit, and ports, and
1453aviation and related facilities consistent with this subsection,
1454except that local governments with a population of 50,000 or
1455less shall only be required to address transportation
1456circulation. The element shall be coordinated with the plans and
1457programs of any applicable metropolitan planning organization,
1458transportation authority, Florida Transportation Plan, and
1459Department of Transportation's adopted work program. The
1460transportation element shall address
1461     (b)  A traffic circulation, including element consisting of
1462the types, locations, and extent of existing and proposed major
1463thoroughfares and transportation routes, including bicycle and
1464pedestrian ways. Transportation corridors, as defined in s.
1465334.03, may be designated in the transportation traffic
1466circulation element pursuant to s. 337.273. If the
1467transportation corridors are designated, the local government
1468may adopt a transportation corridor management ordinance. The
1469element shall reflect the data, analysis, and associated
1470principles and strategies relating to:
1471     a.  The existing transportation system levels of service
1472and system needs and the availability of transportation
1473facilities and services.
1474     b.  The growth trends and travel patterns and interactions
1475between land use and transportation.
1476     c.  Existing and projected intermodal deficiencies and
1477needs.
1478     d.  The projected transportation system levels of service
1479and system needs based upon the future land use map and the
1480projected integrated transportation system.
1481     e.  How the local government will correct existing facility
1482deficiencies, meet the identified needs of the projected
1483transportation system, and advance the purpose of this paragraph
1484and the other elements of the comprehensive plan.
1485     2.  Local governments within a metropolitan planning area
1486designated as an M.P.O. pursuant to s. 339.175 shall also
1487address:
1488     a.  All alternative modes of travel, such as public
1489transportation, pedestrian, and bicycle travel.
1490     b.  Aviation, rail, seaport facilities, access to those
1491facilities, and intermodal terminals.
1492     c.  The capability to evacuate the coastal population
1493before an impending natural disaster.
1494     d.  Airports, projected airport and aviation development,
1495and land use compatibility around airports, which includes areas
1496defined in ss. 333.01 and 333.02.
1497     e.  An identification of land use densities, building
1498intensities, and transportation management programs to promote
1499public transportation systems in designated public
1500transportation corridors so as to encourage population densities
1501sufficient to support such systems.
1502     3.  Mass-transit provisions showing proposed methods for
1503the moving of people, rights-of-way, terminals, and related
1504facilities shall address:
1505     a.  The provision of efficient public transit services
1506based upon existing and proposed major trip generators and
1507attractors, safe and convenient public transit terminals, land
1508uses, and accommodation of the special needs of the
1509transportation disadvantaged.
1510     b.  Plans for port, aviation, and related facilities
1511coordinated with the general circulation and transportation
1512element.
1513     c.  Plans for the circulation of recreational traffic,
1514including bicycle facilities, exercise trails, riding
1515facilities, and such other matters as may be related to the
1516improvement and safety of movement of all types of recreational
1517traffic.
1518     4.  An airport master plan, and any subsequent amendments
1519to the airport master plan, prepared by a licensed publicly
1520owned and operated airport under s. 333.06 may be incorporated
1521into the local government comprehensive plan by the local
1522government having jurisdiction under this act for the area in
1523which the airport or projected airport development is located by
1524the adoption of a comprehensive plan amendment. In the amendment
1525to the local comprehensive plan that integrates the airport
1526master plan, the comprehensive plan amendment shall address land
1527use compatibility consistent with chapter 333 regarding airport
1528zoning; the provision of regional transportation facilities for
1529the efficient use and operation of the transportation system and
1530airport; consistency with the local government transportation
1531circulation element and applicable M.P.O. long-range
1532transportation plans; the execution of any necessary interlocal
1533agreements for the purposes of the provision of public
1534facilities and services to maintain the adopted level-of-service
1535standards for facilities subject to concurrency; and may address
1536airport-related or aviation-related development. Development or
1537expansion of an airport consistent with the adopted airport
1538master plan that has been incorporated into the local
1539comprehensive plan in compliance with this part, and airport-
1540related or aviation-related development that has been addressed
1541in the comprehensive plan amendment that incorporates the
1542airport master plan, shall not be a development of regional
1543impact. Notwithstanding any other general law, an airport that
1544has received a development-of-regional-impact development order
1545pursuant to s. 380.06, but which is no longer required to
1546undergo development-of-regional-impact review pursuant to this
1547subsection, may rescind its development-of-regional-impact order
1548upon written notification to the applicable local government.
1549Upon receipt by the local government, the development-of-
1550regional-impact development order shall be deemed rescinded.
1551     5.  The transportation element shall include a map or map
1552series showing the general location of the existing and proposed
1553transportation system features and shall be coordinated with the
1554future land use map or map series. The traffic circulation
1555element shall incorporate transportation strategies to address
1556reduction in greenhouse gas emissions from the transportation
1557sector.
1558     (c)  A general sanitary sewer, solid waste, drainage,
1559potable water, and natural groundwater aquifer recharge element
1560correlated to principles and guidelines for future land use,
1561indicating ways to provide for future potable water, drainage,
1562sanitary sewer, solid waste, and aquifer recharge protection
1563requirements for the area. The element may be a detailed
1564engineering plan including a topographic map depicting areas of
1565prime groundwater recharge.
1566     1.  Each local government shall address in the data and
1567analyses required by this section those facilities that provide
1568service within the local government's jurisdiction. Local
1569governments that provide facilities to serve areas within other
1570local government jurisdictions shall also address those
1571facilities in the data and analyses required by this section,
1572using data from the comprehensive plan for those areas for the
1573purpose of projecting facility needs as required in this
1574subsection. For shared facilities, each local government shall
1575indicate the proportional capacity of the systems allocated to
1576serve its jurisdiction.
1577     2.  The element shall describe the problems and needs and
1578the general facilities that will be required for solution of the
1579problems and needs, including correcting existing facility
1580deficiencies. The element shall address coordinating the
1581extension of, or increase in the capacity of, facilities to meet
1582future needs while maximizing the use of existing facilities and
1583discouraging urban sprawl; conservation of potable water
1584resources; and protecting the functions of natural groundwater
1585recharge areas and natural drainage features. The element shall
1586also include a topographic map depicting any areas adopted by a
1587regional water management district as prime groundwater recharge
1588areas for the Floridan or Biscayne aquifers. These areas shall
1589be given special consideration when the local government is
1590engaged in zoning or considering future land use for said
1591designated areas. For areas served by septic tanks, soil surveys
1592shall be provided which indicate the suitability of soils for
1593septic tanks.
1594     3.  Within 18 months after the governing board approves an
1595updated regional water supply plan, the element must incorporate
1596the alternative water supply project or projects selected by the
1597local government from those identified in the regional water
1598supply plan pursuant to s. 373.709(2)(a) or proposed by the
1599local government under s. 373.709(8)(b). If a local government
1600is located within two water management districts, the local
1601government shall adopt its comprehensive plan amendment within
160218 months after the later updated regional water supply plan.
1603The element must identify such alternative water supply projects
1604and traditional water supply projects and conservation and reuse
1605necessary to meet the water needs identified in s. 373.709(2)(a)
1606within the local government's jurisdiction and include a work
1607plan, covering at least a 10-year planning period, for building
1608public, private, and regional water supply facilities, including
1609development of alternative water supplies, which are identified
1610in the element as necessary to serve existing and new
1611development. The work plan shall be updated, at a minimum, every
16125 years within 18 months after the governing board of a water
1613management district approves an updated regional water supply
1614plan. Amendments to incorporate the work plan do not count
1615toward the limitation on the frequency of adoption of amendments
1616to the comprehensive plan. Local governments, public and private
1617utilities, regional water supply authorities, special districts,
1618and water management districts are encouraged to cooperatively
1619plan for the development of multijurisdictional water supply
1620facilities that are sufficient to meet projected demands for
1621established planning periods, including the development of
1622alternative water sources to supplement traditional sources of
1623groundwater and surface water supplies.
1624     (d)  A conservation element for the conservation, use, and
1625protection of natural resources in the area, including air,
1626water, water recharge areas, wetlands, waterwells, estuarine
1627marshes, soils, beaches, shores, flood plains, rivers, bays,
1628lakes, harbors, forests, fisheries and wildlife, marine habitat,
1629minerals, and other natural and environmental resources,
1630including factors that affect energy conservation.
1631     1.  The following natural resources, where present within
1632the local government's boundaries, shall be identified and
1633analyzed and existing recreational or conservation uses, known
1634pollution problems, including hazardous wastes, and the
1635potential for conservation, recreation, use, or protection shall
1636also be identified:
1637     a.  Rivers, bays, lakes, wetlands including estuarine
1638marshes, groundwaters, and springs, including information on
1639quality of the resource available.
1640     b.  Floodplains.
1641     c.  Known sources of commercially valuable minerals.
1642     d.  Areas known to have experienced soil erosion problems.
1643     e.  Areas that are the location of recreationally and
1644commercially important fish or shellfish, wildlife, marine
1645habitats, and vegetative communities, including forests,
1646indicating known dominant species present and species listed by
1647federal, state, or local government agencies as endangered,
1648threatened, or species of special concern.
1649     2.  The element must contain principles, guidelines, and
1650standards for conservation that provide long-term goals and
1651which:
1652     a.  Protects air quality.
1653     b.  Conserves, appropriately uses, and protects the quality
1654and quantity of current and projected water sources and waters
1655that flow into estuarine waters or oceanic waters and protect
1656from activities and land uses known to affect adversely the
1657quality and quantity of identified water sources, including
1658natural groundwater recharge areas, wellhead protection areas,
1659and surface waters used as a source of public water supply.
1660     c.  Provides for the emergency conservation of water
1661sources in accordance with the plans of the regional water
1662management district.
1663     d.  Conserves, appropriately uses, and protects minerals,
1664soils, and native vegetative communities, including forests,
1665from destruction by development activities.
1666     e.  Conserves, appropriately uses, and protects fisheries,
1667wildlife, wildlife habitat, and marine habitat and restricts
1668activities known to adversely affect the survival of endangered
1669and threatened wildlife.
1670     f.  Protects existing natural reservations identified in
1671the recreation and open space element.
1672     g.  Maintains cooperation with adjacent local governments
1673to conserve, appropriately use, or protect unique vegetative
1674communities located within more than one local jurisdiction.
1675     h.  Designates environmentally sensitive lands for
1676protection based on locally determined criteria which further
1677the goals and objectives of the conservation element.
1678     i.  Manages hazardous waste to protect natural resources.
1679     j.  Protects and conserves wetlands and the natural
1680functions of wetlands.
1681     k.  Directs future land uses that are incompatible with the
1682protection and conservation of wetlands and wetland functions
1683away from wetlands. The type, intensity or density, extent,
1684distribution, and location of allowable land uses and the types,
1685values, functions, sizes, conditions, and locations of wetlands
1686are land use factors that shall be considered when directing
1687incompatible land uses away from wetlands. Land uses shall be
1688distributed in a manner that minimizes the effect and impact on
1689wetlands. The protection and conservation of wetlands by the
1690direction of incompatible land uses away from wetlands shall
1691occur in combination with other principles, guidelines,
1692standards, and strategies in the comprehensive plan. Where
1693incompatible land uses are allowed to occur, mitigation shall be
1694considered as one means to compensate for loss of wetlands
1695functions.
1696     3.  Local governments shall assess their Current and, as
1697well as projected, water needs and sources for at least a 10-
1698year period based on the demands for industrial, agricultural,
1699and potable water use and the quality and quantity of water
1700available to meet these demands shall be analyzed.  The analysis
1701shall consider the existing levels of water conservation, use,
1702and protection and applicable policies of the regional water
1703management district and further must consider, considering the
1704appropriate regional water supply plan approved pursuant to s.
1705373.709, or, in the absence of an approved regional water supply
1706plan, the district water management plan approved pursuant to s.
1707373.036(2). This information shall be submitted to the
1708appropriate agencies. The land use map or map series contained
1709in the future land use element shall generally identify and
1710depict the following:
1711     1.  Existing and planned waterwells and cones of influence
1712where applicable.
1713     2.  Beaches and shores, including estuarine systems.
1714     3.  Rivers, bays, lakes, flood plains, and harbors.
1715     4.  Wetlands.
1716     5.  Minerals and soils.
1717     6.  Energy conservation.
1718
1719The land uses identified on such maps shall be consistent with
1720applicable state law and rules.
1721     (e)  A recreation and open space element indicating a
1722comprehensive system of public and private sites for recreation,
1723including, but not limited to, natural reservations, parks and
1724playgrounds, parkways, beaches and public access to beaches,
1725open spaces, waterways, and other recreational facilities.
1726     (f)1.  A housing element consisting of standards, plans,
1727and principles, guidelines, standards, and strategies to be
1728followed in:
1729     a.  The provision of housing for all current and
1730anticipated future residents of the jurisdiction.
1731     b.  The elimination of substandard dwelling conditions.
1732     c.  The structural and aesthetic improvement of existing
1733housing.
1734     d.  The provision of adequate sites for future housing,
1735including affordable workforce housing as defined in s.
1736380.0651(3)(j), housing for low-income, very low-income, and
1737moderate-income families, mobile homes, and group home
1738facilities and foster care facilities, with supporting
1739infrastructure and public facilities.
1740     e.  Provision for relocation housing and identification of
1741historically significant and other housing for purposes of
1742conservation, rehabilitation, or replacement.
1743     f.  The formulation of housing implementation programs.
1744     g.  The creation or preservation of affordable housing to
1745minimize the need for additional local services and avoid the
1746concentration of affordable housing units only in specific areas
1747of the jurisdiction.
1748     h.  Energy efficiency in the design and construction of new
1749housing.
1750     i.  Use of renewable energy resources.
1751     j.  Each county in which the gap between the buying power
1752of a family of four and the median county home sale price
1753exceeds $170,000, as determined by the Florida Housing Finance
1754Corporation, and which is not designated as an area of critical
1755state concern shall adopt a plan for ensuring affordable
1756workforce housing. At a minimum, the plan shall identify
1757adequate sites for such housing. For purposes of this sub-
1758subparagraph, the term "workforce housing" means housing that is
1759affordable to natural persons or families whose total household
1760income does not exceed 140 percent of the area median income,
1761adjusted for household size.
1762     k.  As a precondition to receiving any state affordable
1763housing funding or allocation for any project or program within
1764the jurisdiction of a county that is subject to sub-subparagraph
1765j., a county must, by July 1 of each year, provide certification
1766that the county has complied with the requirements of sub-
1767subparagraph j.
1768     2.  The principles, guidelines, standards, and strategies
1769goals, objectives, and policies of the housing element must be
1770based on the data and analysis prepared on housing needs,
1771including an inventory taken from the latest decennial United
1772States Census or more recent estimates, which shall include the
1773number and distribution of dwelling units by type, tenure, age,
1774rent, value, monthly cost of owner-occupied units, and rent or
1775cost to income ratio, and shall show the number of dwelling
1776units that are substandard. The inventory shall also include the
1777methodology used to estimate the condition of housing, a
1778projection of the anticipated number of households by size,
1779income range, and age of residents derived from the population
1780projections, and the minimum housing need of the current and
1781anticipated future residents of the jurisdiction the affordable
1782housing needs assessment.
1783     3.  The housing element must express principles,
1784guidelines, standards, and strategies that reflect, as needed,
1785the creation and preservation of affordable housing for all
1786current and anticipated future residents of the jurisdiction,
1787elimination of substandard housing conditions, adequate sites,
1788and distribution of housing for a range of incomes and types,
1789including mobile and manufactured homes. The element must
1790provide for specific programs and actions to partner with
1791private and nonprofit sectors to address housing needs in the
1792jurisdiction, streamline the permitting process, and minimize
1793costs and delays for affordable housing, establish standards to
1794address the quality of housing, stabilization of neighborhoods,
1795and identification and improvement of historically significant
1796housing.
1797     4.  State and federal housing plans prepared on behalf of
1798the local government must be consistent with the goals,
1799objectives, and policies of the housing element. Local
1800governments are encouraged to use job training, job creation,
1801and economic solutions to address a portion of their affordable
1802housing concerns.
1803     2.  To assist local governments in housing data collection
1804and analysis and assure uniform and consistent information
1805regarding the state's housing needs, the state land planning
1806agency shall conduct an affordable housing needs assessment for
1807all local jurisdictions on a schedule that coordinates the
1808implementation of the needs assessment with the evaluation and
1809appraisal reports required by s. 163.3191. Each local government
1810shall utilize the data and analysis from the needs assessment as
1811one basis for the housing element of its local comprehensive
1812plan. The agency shall allow a local government the option to
1813perform its own needs assessment, if it uses the methodology
1814established by the agency by rule.
1815     (g)1.  For those units of local government identified in s.
1816380.24, a coastal management element, appropriately related to
1817the particular requirements of paragraphs (d) and (e) and
1818meeting the requirements of s. 163.3178(2) and (3). The coastal
1819management element shall set forth the principles, guidelines,
1820standards, and strategies policies that shall guide the local
1821government's decisions and program implementation with respect
1822to the following objectives:
1823     1.a.  Maintain, restore, and enhance Maintenance,
1824restoration, and enhancement of the overall quality of the
1825coastal zone environment, including, but not limited to, its
1826amenities and aesthetic values.
1827     2.b.  Preserve the continued existence of viable
1828populations of all species of wildlife and marine life.
1829     3.c.  Protect the orderly and balanced utilization and
1830preservation, consistent with sound conservation principles, of
1831all living and nonliving coastal zone resources.
1832     4.d.  Avoid Avoidance of irreversible and irretrievable
1833loss of coastal zone resources.
1834     5.e.  Use ecological planning principles and assumptions to
1835be used in the determination of the suitability and extent of
1836permitted development.
1837     f.  Proposed management and regulatory techniques.
1838     6.g.  Limit Limitation of public expenditures that
1839subsidize development in high-hazard coastal high-hazard areas.
1840     7.h.  Protect Protection of human life against the effects
1841of natural disasters.
1842     8.i.  Direct the orderly development, maintenance, and use
1843of ports identified in s. 403.021(9) to facilitate deepwater
1844commercial navigation and other related activities.
1845     9.j.  Preserve historic and archaeological resources, which
1846include the Preservation, including sensitive adaptive use of
1847these historic and archaeological resources.
1848     2.  As part of this element, a local government that has a
1849coastal management element in its comprehensive plan is
1850encouraged to adopt recreational surface water use policies that
1851include applicable criteria for and consider such factors as
1852natural resources, manatee protection needs, protection of
1853working waterfronts and public access to the water, and
1854recreation and economic demands. Criteria for manatee protection
1855in the recreational surface water use policies should reflect
1856applicable guidance outlined in the Boat Facility Siting Guide
1857prepared by the Fish and Wildlife Conservation Commission. If
1858the local government elects to adopt recreational surface water
1859use policies by comprehensive plan amendment, such comprehensive
1860plan amendment is exempt from the provisions of s. 163.3187(1).
1861Local governments that wish to adopt recreational surface water
1862use policies may be eligible for assistance with the development
1863of such policies through the Florida Coastal Management Program.
1864The Office of Program Policy Analysis and Government
1865Accountability shall submit a report on the adoption of
1866recreational surface water use policies under this subparagraph
1867to the President of the Senate, the Speaker of the House of
1868Representatives, and the majority and minority leaders of the
1869Senate and the House of Representatives no later than December
18701, 2010.
1871     (h)1.  An intergovernmental coordination element showing
1872relationships and stating principles and guidelines to be used
1873in coordinating the adopted comprehensive plan with the plans of
1874school boards, regional water supply authorities, and other
1875units of local government providing services but not having
1876regulatory authority over the use of land, with the
1877comprehensive plans of adjacent municipalities, the county,
1878adjacent counties, or the region, with the state comprehensive
1879plan and with the applicable regional water supply plan approved
1880pursuant to s. 373.709, as the case may require and as such
1881adopted plans or plans in preparation may exist. This element of
1882the local comprehensive plan must demonstrate consideration of
1883the particular effects of the local plan, when adopted, upon the
1884development of adjacent municipalities, the county, adjacent
1885counties, or the region, or upon the state comprehensive plan,
1886as the case may require.
1887     a.  The intergovernmental coordination element must provide
1888procedures for identifying and implementing joint planning
1889areas, especially for the purpose of annexation, municipal
1890incorporation, and joint infrastructure service areas.
1891     b.  The intergovernmental coordination element must provide
1892for recognition of campus master plans prepared pursuant to s.
18931013.30 and airport master plans under paragraph (k).
1894     c.  The intergovernmental coordination element shall
1895provide for a dispute resolution process, as established
1896pursuant to s. 186.509, for bringing intergovernmental disputes
1897to closure in a timely manner.
1898     c.d.  The intergovernmental coordination element shall
1899provide for interlocal agreements as established pursuant to s.
1900333.03(1)(b).
1901     2.  The intergovernmental coordination element shall also
1902state principles and guidelines to be used in coordinating the
1903adopted comprehensive plan with the plans of school boards and
1904other units of local government providing facilities and
1905services but not having regulatory authority over the use of
1906land. In addition, the intergovernmental coordination element
1907must describe joint processes for collaborative planning and
1908decisionmaking on population projections and public school
1909siting, the location and extension of public facilities subject
1910to concurrency, and siting facilities with countywide
1911significance, including locally unwanted land uses whose nature
1912and identity are established in an agreement.
1913     3.  Within 1 year after adopting their intergovernmental
1914coordination elements, each county, all the municipalities
1915within that county, the district school board, and any unit of
1916local government service providers in that county shall
1917establish by interlocal or other formal agreement executed by
1918all affected entities, the joint processes described in this
1919subparagraph consistent with their adopted intergovernmental
1920coordination elements. The element must:
1921     a.  Ensure that the local government addresses through
1922coordination mechanisms the impacts of development proposed in
1923the local comprehensive plan upon development in adjacent
1924municipalities, the county, adjacent counties, the region, and
1925the state. The area of concern for municipalities shall include
1926adjacent municipalities, the county, and counties adjacent to
1927the municipality. The area of concern for counties shall include
1928all municipalities within the county, adjacent counties, and
1929adjacent municipalities.
1930     b.  Ensure coordination in establishing level of service
1931standards for public facilities with any state, regional, or
1932local entity having operational and maintenance responsibility
1933for such facilities.
1934     3.  To foster coordination between special districts and
1935local general-purpose governments as local general-purpose
1936governments implement local comprehensive plans, each
1937independent special district must submit a public facilities
1938report to the appropriate local government as required by s.
1939189.415.
1940     4.  Local governments shall execute an interlocal agreement
1941with the district school board, the county, and nonexempt
1942municipalities pursuant to s. 163.31777. The local government
1943shall amend the intergovernmental coordination element to ensure
1944that coordination between the local government and school board
1945is pursuant to the agreement and shall state the obligations of
1946the local government under the agreement. Plan amendments that
1947comply with this subparagraph are exempt from the provisions of
1948s. 163.3187(1).
1949     5.  By January 1, 2004, any county having a population
1950greater than 100,000, and the municipalities and special
1951districts within that county, shall submit a report to the
1952Department of Community Affairs which identifies:
1953     a.   All existing or proposed interlocal service delivery
1954agreements relating to education; sanitary sewer; public safety;
1955solid waste; drainage; potable water; parks and recreation; and
1956transportation facilities.
1957     b.   Any deficits or duplication in the provision of
1958services within its jurisdiction, whether capital or
1959operational. Upon request, the Department of Community Affairs
1960shall provide technical assistance to the local governments in
1961identifying deficits or duplication.
1962     6.  Within 6 months after submission of the report, the
1963Department of Community Affairs shall, through the appropriate
1964regional planning council, coordinate a meeting of all local
1965governments within the regional planning area to discuss the
1966reports and potential strategies to remedy any identified
1967deficiencies or duplications.
1968     7.  Each local government shall update its
1969intergovernmental coordination element based upon the findings
1970in the report submitted pursuant to subparagraph 5. The report
1971may be used as supporting data and analysis for the
1972intergovernmental coordination element.
1973     (i)  The optional elements of the comprehensive plan in
1974paragraphs (7)(a) and (b) are required elements for those
1975municipalities having populations greater than 50,000, and those
1976counties having populations greater than 75,000, as determined
1977under s. 186.901.
1978     (j)  For each unit of local government within an urbanized
1979area designated for purposes of s. 339.175, a transportation
1980element, which must be prepared and adopted in lieu of the
1981requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
1982and (d) and which shall address the following issues:
1983     1.  Traffic circulation, including major thoroughfares and
1984other routes, including bicycle and pedestrian ways.
1985     2.  All alternative modes of travel, such as public
1986transportation, pedestrian, and bicycle travel.
1987     3.  Parking facilities.
1988     4.  Aviation, rail, seaport facilities, access to those
1989facilities, and intermodal terminals.
1990     5.  The availability of facilities and services to serve
1991existing land uses and the compatibility between future land use
1992and transportation elements.
1993     6.  The capability to evacuate the coastal population prior
1994to an impending natural disaster.
1995     7.  Airports, projected airport and aviation development,
1996and land use compatibility around airports, which includes areas
1997defined in ss. 333.01 and 333.02.
1998     8.  An identification of land use densities, building
1999intensities, and transportation management programs to promote
2000public transportation systems in designated public
2001transportation corridors so as to encourage population densities
2002sufficient to support such systems.
2003     9.  May include transportation corridors, as defined in s.
2004334.03, intended for future transportation facilities designated
2005pursuant to s. 337.273. If transportation corridors are
2006designated, the local government may adopt a transportation
2007corridor management ordinance.
2008     10.  The incorporation of transportation strategies to
2009address reduction in greenhouse gas emissions from the
2010transportation sector.
2011     (k)  An airport master plan, and any subsequent amendments
2012to the airport master plan, prepared by a licensed publicly
2013owned and operated airport under s. 333.06 may be incorporated
2014into the local government comprehensive plan by the local
2015government having jurisdiction under this act for the area in
2016which the airport or projected airport development is located by
2017the adoption of a comprehensive plan amendment. In the amendment
2018to the local comprehensive plan that integrates the airport
2019master plan, the comprehensive plan amendment shall address land
2020use compatibility consistent with chapter 333 regarding airport
2021zoning; the provision of regional transportation facilities for
2022the efficient use and operation of the transportation system and
2023airport; consistency with the local government transportation
2024circulation element and applicable metropolitan planning
2025organization long-range transportation plans; and the execution
2026of any necessary interlocal agreements for the purposes of the
2027provision of public facilities and services to maintain the
2028adopted level-of-service standards for facilities subject to
2029concurrency; and may address airport-related or aviation-related
2030development. Development or expansion of an airport consistent
2031with the adopted airport master plan that has been incorporated
2032into the local comprehensive plan in compliance with this part,
2033and airport-related or aviation-related development that has
2034been addressed in the comprehensive plan amendment that
2035incorporates the airport master plan, shall not be a development
2036of regional impact. Notwithstanding any other general law, an
2037airport that has received a development-of-regional-impact
2038development order pursuant to s. 380.06, but which is no longer
2039required to undergo development-of-regional-impact review
2040pursuant to this subsection, may abandon its development-of-
2041regional-impact order upon written notification to the
2042applicable local government. Upon receipt by the local
2043government, the development-of-regional-impact development order
2044is void.
2045     (7)  The comprehensive plan may include the following
2046additional elements, or portions or phases thereof:
2047     (a)  As a part of the circulation element of paragraph
2048(6)(b) or as a separate element, a mass-transit element showing
2049proposed methods for the moving of people, rights-of-way,
2050terminals, related facilities, and fiscal considerations for the
2051accomplishment of the element.
2052     (b)  As a part of the circulation element of paragraph
2053(6)(b) or as a separate element, plans for port, aviation, and
2054related facilities coordinated with the general circulation and
2055transportation element.
2056     (c)  As a part of the circulation element of paragraph
2057(6)(b) and in coordination with paragraph (6)(e), where
2058applicable, a plan element for the circulation of recreational
2059traffic, including bicycle facilities, exercise trails, riding
2060facilities, and such other matters as may be related to the
2061improvement and safety of movement of all types of recreational
2062traffic.
2063     (d)  As a part of the circulation element of paragraph
2064(6)(b) or as a separate element, a plan element for the
2065development of offstreet parking facilities for motor vehicles
2066and the fiscal considerations for the accomplishment of the
2067element.
2068     (e)  A public buildings and related facilities element
2069showing locations and arrangements of civic and community
2070centers, public schools, hospitals, libraries, police and fire
2071stations, and other public buildings. This plan element should
2072show particularly how it is proposed to effect coordination with
2073governmental units, such as school boards or hospital
2074authorities, having public development and service
2075responsibilities, capabilities, and potential but not having
2076land development regulatory authority. This element may include
2077plans for architecture and landscape treatment of their grounds.
2078     (f)  A recommended community design element which may
2079consist of design recommendations for land subdivision,
2080neighborhood development and redevelopment, design of open space
2081locations, and similar matters to the end that such
2082recommendations may be available as aids and guides to
2083developers in the future planning and development of land in the
2084area.
2085     (g)  A general area redevelopment element consisting of
2086plans and programs for the redevelopment of slums and blighted
2087locations in the area and for community redevelopment, including
2088housing sites, business and industrial sites, public buildings
2089sites, recreational facilities, and other purposes authorized by
2090law.
2091     (h)  A safety element for the protection of residents and
2092property of the area from fire, hurricane, or manmade or natural
2093catastrophe, including such necessary features for protection as
2094evacuation routes and their control in an emergency, water
2095supply requirements, minimum road widths, clearances around and
2096elevations of structures, and similar matters.
2097     (i)  An historical and scenic preservation element setting
2098out plans and programs for those structures or lands in the area
2099having historical, archaeological, architectural, scenic, or
2100similar significance.
2101     (j)  An economic element setting forth principles and
2102guidelines for the commercial and industrial development, if
2103any, and the employment and personnel utilization within the
2104area. The element may detail the type of commercial and
2105industrial development sought, correlated to the present and
2106projected employment needs of the area and to other elements of
2107the plans, and may set forth methods by which a balanced and
2108stable economic base will be pursued.
2109     (k)  Such other elements as may be peculiar to, and
2110necessary for, the area concerned and as are added to the
2111comprehensive plan by the governing body upon the recommendation
2112of the local planning agency.
2113     (l)  Local governments that are not required to prepare
2114coastal management elements under s. 163.3178 are encouraged to
2115adopt hazard mitigation/postdisaster redevelopment plans. These
2116plans should, at a minimum, establish long-term policies
2117regarding redevelopment, infrastructure, densities,
2118nonconforming uses, and future land use patterns. Grants to
2119assist local governments in the preparation of these hazard
2120mitigation/postdisaster redevelopment plans shall be available
2121through the Emergency Management Preparedness and Assistance
2122Account in the Grants and Donations Trust Fund administered by
2123the department, if such account is created by law. The plans
2124must be in compliance with the requirements of this act and
2125chapter 252.
2126     (8)  All elements of the comprehensive plan, whether
2127mandatory or optional, shall be based upon data appropriate to
2128the element involved. Surveys and studies utilized in the
2129preparation of the comprehensive plan shall not be deemed a part
2130of the comprehensive plan unless adopted as a part of it. Copies
2131of such studies, surveys, and supporting documents shall be made
2132available to public inspection, and copies of such plans shall
2133be made available to the public upon payment of reasonable
2134charges for reproduction.
2135     (9)  The state land planning agency shall, by February 15,
21361986, adopt by rule minimum criteria for the review and
2137determination of compliance of the local government
2138comprehensive plan elements required by this act. Such rules
2139shall not be subject to rule challenges under s. 120.56(2) or to
2140drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2141become effective only after they have been submitted to the
2142President of the Senate and the Speaker of the House of
2143Representatives for review by the Legislature no later than 30
2144days prior to the next regular session of the Legislature. In
2145its review the Legislature may reject, modify, or take no action
2146relative to the rules. The agency shall conform the rules to the
2147changes made by the Legislature, or, if no action was taken, the
2148agency rules shall become effective. The rule shall include
2149criteria for determining whether:
2150     (a)  Proposed elements are in compliance with the
2151requirements of part II, as amended by this act.
2152     (b)  Other elements of the comprehensive plan are related
2153to and consistent with each other.
2154     (c)  The local government comprehensive plan elements are
2155consistent with the state comprehensive plan and the appropriate
2156regional policy plan pursuant to s. 186.508.
2157     (d)  Certain bays, estuaries, and harbors that fall under
2158the jurisdiction of more than one local government are managed
2159in a consistent and coordinated manner in the case of local
2160governments required to include a coastal management element in
2161their comprehensive plans pursuant to paragraph (6)(g).
2162     (e)  Proposed elements identify the mechanisms and
2163procedures for monitoring, evaluating, and appraising
2164implementation of the plan. Specific measurable objectives are
2165included to provide a basis for evaluating effectiveness as
2166required by s. 163.3191.
2167     (f)  Proposed elements contain policies to guide future
2168decisions in a consistent manner.
2169     (g)  Proposed elements contain programs and activities to
2170ensure that comprehensive plans are implemented.
2171     (h)  Proposed elements identify the need for and the
2172processes and procedures to ensure coordination of all
2173development activities and services with other units of local
2174government, regional planning agencies, water management
2175districts, and state and federal agencies as appropriate.
2176
2177The state land planning agency may adopt procedural rules that
2178are consistent with this section and chapter 120 for the review
2179of local government comprehensive plan elements required under
2180this section. The state land planning agency shall provide model
2181plans and ordinances and, upon request, other assistance to
2182local governments in the adoption and implementation of their
2183revised local government comprehensive plans. The review and
2184comment provisions applicable prior to October 1, 1985, shall
2185continue in effect until the criteria for review and
2186determination are adopted pursuant to this subsection and the
2187comprehensive plans required by s. 163.3167(2) are due.
2188     (10)  The Legislature recognizes the importance and
2189significance of chapter 9J-5, Florida Administrative Code, the
2190Minimum Criteria for Review of Local Government Comprehensive
2191Plans and Determination of Compliance of the Department of
2192Community Affairs that will be used to determine compliance of
2193local comprehensive plans. The Legislature reserved unto itself
2194the right to review chapter 9J-5, Florida Administrative Code,
2195and to reject, modify, or take no action relative to this rule.
2196Therefore, pursuant to subsection (9), the Legislature hereby
2197has reviewed chapter 9J-5, Florida Administrative Code, and
2198expresses the following legislative intent:
2199     (a)  The Legislature finds that in order for the department
2200to review local comprehensive plans, it is necessary to define
2201the term "consistency." Therefore, for the purpose of
2202determining whether local comprehensive plans are consistent
2203with the state comprehensive plan and the appropriate regional
2204policy plan, a local plan shall be consistent with such plans if
2205the local plan is "compatible with" and "furthers" such plans.
2206The term "compatible with" means that the local plan is not in
2207conflict with the state comprehensive plan or appropriate
2208regional policy plan. The term "furthers" means to take action
2209in the direction of realizing goals or policies of the state or
2210regional plan. For the purposes of determining consistency of
2211the local plan with the state comprehensive plan or the
2212appropriate regional policy plan, the state or regional plan
2213shall be construed as a whole and no specific goal and policy
2214shall be construed or applied in isolation from the other goals
2215and policies in the plans.
2216     (b)  Each local government shall review all the state
2217comprehensive plan goals and policies and shall address in its
2218comprehensive plan the goals and policies which are relevant to
2219the circumstances or conditions in its jurisdiction. The
2220decision regarding which particular state comprehensive plan
2221goals and policies will be furthered by the expenditure of a
2222local government's financial resources in any given year is a
2223decision which rests solely within the discretion of the local
2224government. Intergovernmental coordination, as set forth in
2225paragraph (6)(h), shall be utilized to the extent required to
2226carry out the provisions of chapter 9J-5, Florida Administrative
2227Code.
2228     (c)  The Legislature declares that if any portion of
2229chapter 9J-5, Florida Administrative Code, is found to be in
2230conflict with this part, the appropriate statutory provision
2231shall prevail.
2232     (d)  Chapter 9J-5, Florida Administrative Code, does not
2233mandate the creation, limitation, or elimination of regulatory
2234authority, nor does it authorize the adoption or require the
2235repeal of any rules, criteria, or standards of any local,
2236regional, or state agency.
2237     (e)  It is the Legislature's intent that support data or
2238summaries thereof shall not be subject to the compliance review
2239process, but the Legislature intends that goals and policies be
2240clearly based on appropriate data. The department may utilize
2241support data or summaries thereof to aid in its determination of
2242compliance and consistency. The Legislature intends that the
2243department may evaluate the application of a methodology
2244utilized in data collection or whether a particular methodology
2245is professionally accepted. However, the department shall not
2246evaluate whether one accepted methodology is better than
2247another. Chapter 9J-5, Florida Administrative Code, shall not be
2248construed to require original data collection by local
2249governments; however, Local governments are not to be
2250discouraged from utilizing original data so long as
2251methodologies are professionally accepted.
2252     (f)  The Legislature recognizes that under this section,
2253local governments are charged with setting levels of service for
2254public facilities in their comprehensive plans in accordance
2255with which development orders and permits will be issued
2256pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2257the authority of state, regional, or local agencies as otherwise
2258provided by law.
2259     (g)  Definitions contained in chapter 9J-5, Florida
2260Administrative Code, are not intended to modify or amend the
2261definitions utilized for purposes of other programs or rules or
2262to establish or limit regulatory authority. Local governments
2263may establish alternative definitions in local comprehensive
2264plans, as long as such definitions accomplish the intent of this
2265chapter, and chapter 9J-5, Florida Administrative Code.
2266     (h)  It is the intent of the Legislature that public
2267facilities and services needed to support development shall be
2268available concurrent with the impacts of such development in
2269accordance with s. 163.3180. In meeting this intent, public
2270facility and service availability shall be deemed sufficient if
2271the public facilities and services for a development are phased,
2272or the development is phased, so that the public facilities and
2273those related services which are deemed necessary by the local
2274government to operate the facilities necessitated by that
2275development are available concurrent with the impacts of the
2276development. The public facilities and services, unless already
2277available, are to be consistent with the capital improvements
2278element of the local comprehensive plan as required by paragraph
2279(3)(a) or guaranteed in an enforceable development agreement.
2280This shall include development agreements pursuant to this
2281chapter or in an agreement or a development order issued
2282pursuant to chapter 380. Nothing herein shall be construed to
2283require a local government to address services in its capital
2284improvements plan or to limit a local government's ability to
2285address any service in its capital improvements plan that it
2286deems necessary.
2287     (i)  The department shall take into account the factors
2288delineated in rule 9J-5.002(2), Florida Administrative Code, as
2289it provides assistance to local governments and applies the rule
2290in specific situations with regard to the detail of the data and
2291analysis required.
2292     (j)  Chapter 9J-5, Florida Administrative Code, has become
2293effective pursuant to subsection (9). The Legislature hereby
2294directs the department to adopt amendments as necessary which
2295conform chapter 9J-5, Florida Administrative Code, with the
2296requirements of this legislative intent by October 1, 1986.
2297     (k)  In order for local governments to prepare and adopt
2298comprehensive plans with knowledge of the rules that are applied
2299to determine consistency of the plans with this part, there
2300should be no doubt as to the legal standing of chapter 9J-5,
2301Florida Administrative Code, at the close of the 1986
2302legislative session. Therefore, the Legislature declares that
2303changes made to chapter 9J-5 before October 1, 1986, are not
2304subject to rule challenges under s. 120.56(2), or to drawout
2305proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2306Florida Administrative Code, as amended, is subject to rule
2307challenges under s. 120.56(3), as nothing herein indicates
2308approval or disapproval of any portion of chapter 9J-5 not
2309specifically addressed herein. Any amendments to chapter 9J-5,
2310Florida Administrative Code, exclusive of the amendments adopted
2311prior to October 1, 1986, pursuant to this act, shall be subject
2312to the full chapter 120 process. All amendments shall have
2313effective dates as provided in chapter 120 and submission to the
2314President of the Senate and Speaker of the House of
2315Representatives shall not be required.
2316     (l)  The state land planning agency shall consider land use
2317compatibility issues in the vicinity of all airports in
2318coordination with the Department of Transportation and adjacent
2319to or in close proximity to all military installations in
2320coordination with the Department of Defense.
2321     (11)(a)  The Legislature recognizes the need for innovative
2322planning and development strategies which will address the
2323anticipated demands of continued urbanization of Florida's
2324coastal and other environmentally sensitive areas, and which
2325will accommodate the development of less populated regions of
2326the state which seek economic development and which have
2327suitable land and water resources to accommodate growth in an
2328environmentally acceptable manner. The Legislature further
2329recognizes the substantial advantages of innovative approaches
2330to development which may better serve to protect environmentally
2331sensitive areas, maintain the economic viability of agricultural
2332and other predominantly rural land uses, and provide for the
2333cost-efficient delivery of public facilities and services.
2334     (b)  It is the intent of the Legislature that the local
2335government comprehensive plans and plan amendments adopted
2336pursuant to the provisions of this part provide for a planning
2337process which allows for land use efficiencies within existing
2338urban areas and which also allows for the conversion of rural
2339lands to other uses, where appropriate and consistent with the
2340other provisions of this part and the affected local
2341comprehensive plans, through the application of innovative and
2342flexible planning and development strategies and creative land
2343use planning techniques, which may include, but not be limited
2344to, urban villages, new towns, satellite communities, area-based
2345allocations, clustering and open space provisions, mixed-use
2346development, and sector planning.
2347     (c)  It is the further intent of the Legislature that local
2348government comprehensive plans and implementing land development
2349regulations shall provide strategies which maximize the use of
2350existing facilities and services through redevelopment, urban
2351infill development, and other strategies for urban
2352revitalization.
2353     (d)1.  The department, in cooperation with the Department
2354of Agriculture and Consumer Services, the Department of
2355Environmental Protection, water management districts, and
2356regional planning councils, shall provide assistance to local
2357governments in the implementation of this paragraph and rule 9J-
23585.006(5)(l), Florida Administrative Code. Implementation of
2359those provisions shall include a process by which the department
2360may authorize local governments to designate all or portions of
2361lands classified in the future land use element as predominantly
2362agricultural, rural, open, open-rural, or a substantively
2363equivalent land use, as a rural land stewardship area within
2364which planning and economic incentives are applied to encourage
2365the implementation of innovative and flexible planning and
2366development strategies and creative land use planning
2367techniques, including those contained herein and in rule 9J-
23685.006(5)(l), Florida Administrative Code. Assistance may
2369include, but is not limited to:
2370     a.  Assistance from the Department of Environmental
2371Protection and water management districts in creating the
2372geographic information systems land cover database and aerial
2373photogrammetry needed to prepare for a rural land stewardship
2374area;
2375     b.  Support for local government implementation of rural
2376land stewardship concepts by providing information and
2377assistance to local governments regarding land acquisition
2378programs that may be used by the local government or landowners
2379to leverage the protection of greater acreage and maximize the
2380effectiveness of rural land stewardship areas; and
2381     c.  Expansion of the role of the Department of Community
2382Affairs as a resource agency to facilitate establishment of
2383rural land stewardship areas in smaller rural counties that do
2384not have the staff or planning budgets to create a rural land
2385stewardship area.
2386     2.  The department shall encourage participation by local
2387governments of different sizes and rural characteristics in
2388establishing and implementing rural land stewardship areas. It
2389is the intent of the Legislature that rural land stewardship
2390areas be used to further the following broad principles of rural
2391sustainability: restoration and maintenance of the economic
2392value of rural land; control of urban sprawl; identification and
2393protection of ecosystems, habitats, and natural resources;
2394promotion of rural economic activity; maintenance of the
2395viability of Florida's agricultural economy; and protection of
2396the character of rural areas of Florida. Rural land stewardship
2397areas may be multicounty in order to encourage coordinated
2398regional stewardship planning.
2399     3.  A local government, in conjunction with a regional
2400planning council, a stakeholder organization of private land
2401owners, or another local government, shall notify the department
2402in writing of its intent to designate a rural land stewardship
2403area. The written notification shall describe the basis for the
2404designation, including the extent to which the rural land
2405stewardship area enhances rural land values, controls urban
2406sprawl, provides necessary open space for agriculture and
2407protection of the natural environment, promotes rural economic
2408activity, and maintains rural character and the economic
2409viability of agriculture.
2410     4.  A rural land stewardship area shall be not less than
241110,000 acres and shall be located outside of municipalities and
2412established urban growth boundaries, and shall be designated by
2413plan amendment. The plan amendment designating a rural land
2414stewardship area shall be subject to review by the Department of
2415Community Affairs pursuant to s. 163.3184 and shall provide for
2416the following:
2417     a.  Criteria for the designation of receiving areas within
2418rural land stewardship areas in which innovative planning and
2419development strategies may be applied. Criteria shall at a
2420minimum provide for the following: adequacy of suitable land to
2421accommodate development so as to avoid conflict with
2422environmentally sensitive areas, resources, and habitats;
2423compatibility between and transition from higher density uses to
2424lower intensity rural uses; the establishment of receiving area
2425service boundaries which provide for a separation between
2426receiving areas and other land uses within the rural land
2427stewardship area through limitations on the extension of
2428services; and connection of receiving areas with the rest of the
2429rural land stewardship area using rural design and rural road
2430corridors.
2431     b.  Goals, objectives, and policies setting forth the
2432innovative planning and development strategies to be applied
2433within rural land stewardship areas pursuant to the provisions
2434of this section.
2435     c.  A process for the implementation of innovative planning
2436and development strategies within the rural land stewardship
2437area, including those described in this subsection and rule 9J-
24385.006(5)(l), Florida Administrative Code, which provide for a
2439functional mix of land uses, including adequate available
2440workforce housing, including low, very-low and moderate income
2441housing for the development anticipated in the receiving area
2442and which are applied through the adoption by the local
2443government of zoning and land development regulations applicable
2444to the rural land stewardship area.
2445     d.  A process which encourages visioning pursuant to s.
2446163.3167(11) to ensure that innovative planning and development
2447strategies comply with the provisions of this section.
2448     e.  The control of sprawl through the use of innovative
2449strategies and creative land use techniques consistent with the
2450provisions of this subsection and rule 9J-5.006(5)(l), Florida
2451Administrative Code.
2452     5.  A receiving area shall be designated by the adoption of
2453a land development regulation. Prior to the designation of a
2454receiving area, the local government shall provide the
2455Department of Community Affairs a period of 30 days in which to
2456review a proposed receiving area for consistency with the rural
2457land stewardship area plan amendment and to provide comments to
2458the local government. At the time of designation of a
2459stewardship receiving area, a listed species survey will be
2460performed. If listed species occur on the receiving area site,
2461the developer shall coordinate with each appropriate local,
2462state, or federal agency to determine if adequate provisions
2463have been made to protect those species in accordance with
2464applicable regulations. In determining the adequacy of
2465provisions for the protection of listed species and their
2466habitats, the rural land stewardship area shall be considered as
2467a whole, and the impacts to areas to be developed as receiving
2468areas shall be considered together with the environmental
2469benefits of areas protected as sending areas in fulfilling this
2470criteria.
2471     6.  Upon the adoption of a plan amendment creating a rural
2472land stewardship area, the local government shall, by ordinance,
2473establish the methodology for the creation, conveyance, and use
2474of transferable rural land use credits, otherwise referred to as
2475stewardship credits, the application of which shall not
2476constitute a right to develop land, nor increase density of
2477land, except as provided by this section. The total amount of
2478transferable rural land use credits within the rural land
2479stewardship area must enable the realization of the long-term
2480vision and goals for the 25-year or greater projected population
2481of the rural land stewardship area, which may take into
2482consideration the anticipated effect of the proposed receiving
2483areas. Transferable rural land use credits are subject to the
2484following limitations:
2485     a.  Transferable rural land use credits may only exist
2486within a rural land stewardship area.
2487     b.  Transferable rural land use credits may only be used on
2488lands designated as receiving areas and then solely for the
2489purpose of implementing innovative planning and development
2490strategies and creative land use planning techniques adopted by
2491the local government pursuant to this section.
2492     c.  Transferable rural land use credits assigned to a
2493parcel of land within a rural land stewardship area shall cease
2494to exist if the parcel of land is removed from the rural land
2495stewardship area by plan amendment.
2496     d.  Neither the creation of the rural land stewardship area
2497by plan amendment nor the assignment of transferable rural land
2498use credits by the local government shall operate to displace
2499the underlying density of land uses assigned to a parcel of land
2500within the rural land stewardship area; however, if transferable
2501rural land use credits are transferred from a parcel for use
2502within a designated receiving area, the underlying density
2503assigned to the parcel of land shall cease to exist.
2504     e.  The underlying density on each parcel of land located
2505within a rural land stewardship area shall not be increased or
2506decreased by the local government, except as a result of the
2507conveyance or use of transferable rural land use credits, as
2508long as the parcel remains within the rural land stewardship
2509area.
2510     f.  Transferable rural land use credits shall cease to
2511exist on a parcel of land where the underlying density assigned
2512to the parcel of land is utilized.
2513     g.  An increase in the density of use on a parcel of land
2514located within a designated receiving area may occur only
2515through the assignment or use of transferable rural land use
2516credits and shall not require a plan amendment.
2517     h.  A change in the density of land use on parcels located
2518within receiving areas shall be specified in a development order
2519which reflects the total number of transferable rural land use
2520credits assigned to the parcel of land and the infrastructure
2521and support services necessary to provide for a functional mix
2522of land uses corresponding to the plan of development.
2523     i.  Land within a rural land stewardship area may be
2524removed from the rural land stewardship area through a plan
2525amendment.
2526     j.  Transferable rural land use credits may be assigned at
2527different ratios of credits per acre according to the natural
2528resource or other beneficial use characteristics of the land and
2529according to the land use remaining following the transfer of
2530credits, with the highest number of credits per acre assigned to
2531the most environmentally valuable land or, in locations where
2532the retention of open space and agricultural land is a priority,
2533to such lands.
2534     k.  The use or conveyance of transferable rural land use
2535credits must be recorded in the public records of the county in
2536which the property is located as a covenant or restrictive
2537easement running with the land in favor of the county and either
2538the Department of Environmental Protection, Department of
2539Agriculture and Consumer Services, a water management district,
2540or a recognized statewide land trust.
2541     7.  Owners of land within rural land stewardship areas
2542should be provided incentives to enter into rural land
2543stewardship agreements, pursuant to existing law and rules
2544adopted thereto, with state agencies, water management
2545districts, and local governments to achieve mutually agreed upon
2546conservation objectives. Such incentives may include, but not be
2547limited to, the following:
2548     a.  Opportunity to accumulate transferable mitigation
2549credits.
2550     b.  Extended permit agreements.
2551     c.  Opportunities for recreational leases and ecotourism.
2552     d.  Payment for specified land management services on
2553publicly owned land, or property under covenant or restricted
2554easement in favor of a public entity.
2555     e.  Option agreements for sale to public entities or
2556private land conservation entities, in either fee or easement,
2557upon achievement of conservation objectives.
2558     8.  The department shall report to the Legislature on an
2559annual basis on the results of implementation of rural land
2560stewardship areas authorized by the department, including
2561successes and failures in achieving the intent of the
2562Legislature as expressed in this paragraph.
2563     (e)  The Legislature finds that mixed-use, high-density
2564development is appropriate for urban infill and redevelopment
2565areas. Mixed-use projects accommodate a variety of uses,
2566including residential and commercial, and usually at higher
2567densities that promote pedestrian-friendly, sustainable
2568communities. The Legislature recognizes that mixed-use, high-
2569density development improves the quality of life for residents
2570and businesses in urban areas. The Legislature finds that mixed-
2571use, high-density redevelopment and infill benefits residents by
2572creating a livable community with alternative modes of
2573transportation. Furthermore, the Legislature finds that local
2574zoning ordinances often discourage mixed-use, high-density
2575development in areas that are appropriate for urban infill and
2576redevelopment. The Legislature intends to discourage single-use
2577zoning in urban areas which often leads to lower-density, land-
2578intensive development outside an urban service area. Therefore,
2579the Department of Community Affairs shall provide technical
2580assistance to local governments in order to encourage mixed-use,
2581high-density urban infill and redevelopment projects.
2582     (f)  The Legislature finds that a program for the transfer
2583of development rights is a useful tool to preserve historic
2584buildings and create public open spaces in urban areas. A
2585program for the transfer of development rights allows the
2586transfer of density credits from historic properties and public
2587open spaces to areas designated for high-density development.
2588The Legislature recognizes that high-density development is
2589integral to the success of many urban infill and redevelopment
2590projects. The Legislature intends to encourage high-density
2591urban infill and redevelopment while preserving historic
2592structures and open spaces. Therefore, the Department of
2593Community Affairs shall provide technical assistance to local
2594governments in order to promote the transfer of development
2595rights within urban areas for high-density infill and
2596redevelopment projects.
2597     (g)  The implementation of this subsection shall be subject
2598to the provisions of this chapter, chapters 186 and 187, and
2599applicable agency rules.
2600     (h)  The department may adopt rules necessary to implement
2601the provisions of this subsection.
2602     (12)  A public school facilities element adopted to
2603implement a school concurrency program shall meet the
2604requirements of this subsection. Each county and each
2605municipality within the county, unless exempt or subject to a
2606waiver, must adopt a public school facilities element that is
2607consistent with those adopted by the other local governments
2608within the county and enter the interlocal agreement pursuant to
2609s. 163.31777.
2610     (a)  The state land planning agency may provide a waiver to
2611a county and to the municipalities within the county if the
2612capacity rate for all schools within the school district is no
2613greater than 100 percent and the projected 5-year capital outlay
2614full-time equivalent student growth rate is less than 10
2615percent. The state land planning agency may allow for a
2616projected 5-year capital outlay full-time equivalent student
2617growth rate to exceed 10 percent when the projected 10-year
2618capital outlay full-time equivalent student enrollment is less
2619than 2,000 students and the capacity rate for all schools within
2620the school district in the tenth year will not exceed the 100-
2621percent limitation. The state land planning agency may allow for
2622a single school to exceed the 100-percent limitation if it can
2623be demonstrated that the capacity rate for that single school is
2624not greater than 105 percent. In making this determination, the
2625state land planning agency shall consider the following
2626criteria:
2627     1.  Whether the exceedance is due to temporary
2628circumstances;
2629     2.  Whether the projected 5-year capital outlay full time
2630equivalent student growth rate for the school district is
2631approaching the 10-percent threshold;
2632     3.  Whether one or more additional schools within the
2633school district are at or approaching the 100-percent threshold;
2634and
2635     4.  The adequacy of the data and analysis submitted to
2636support the waiver request.
2637     (b)  A municipality in a nonexempt county is exempt if the
2638municipality meets all of the following criteria for having no
2639significant impact on school attendance:
2640     1.  The municipality has issued development orders for
2641fewer than 50 residential dwelling units during the preceding 5
2642years, or the municipality has generated fewer than 25
2643additional public school students during the preceding 5 years.
2644     2.  The municipality has not annexed new land during the
2645preceding 5 years in land use categories that permit residential
2646uses that will affect school attendance rates.
2647     3.  The municipality has no public schools located within
2648its boundaries.
2649     (c)  A public school facilities element shall be based upon
2650data and analyses that address, among other items, how level-of-
2651service standards will be achieved and maintained. Such data and
2652analyses must include, at a minimum, such items as: the
2653interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2654year school district facilities work program adopted pursuant to
2655s. 1013.35; the educational plant survey prepared pursuant to s.
26561013.31 and an existing educational and ancillary plant map or
2657map series; information on existing development and development
2658anticipated for the next 5 years and the long-term planning
2659period; an analysis of problems and opportunities for existing
2660schools and schools anticipated in the future; an analysis of
2661opportunities to collocate future schools with other public
2662facilities such as parks, libraries, and community centers; an
2663analysis of the need for supporting public facilities for
2664existing and future schools; an analysis of opportunities to
2665locate schools to serve as community focal points; projected
2666future population and associated demographics, including
2667development patterns year by year for the upcoming 5-year and
2668long-term planning periods; and anticipated educational and
2669ancillary plants with land area requirements.
2670     (d)  The element shall contain one or more goals which
2671establish the long-term end toward which public school programs
2672and activities are ultimately directed.
2673     (e)  The element shall contain one or more objectives for
2674each goal, setting specific, measurable, intermediate ends that
2675are achievable and mark progress toward the goal.
2676     (f)  The element shall contain one or more policies for
2677each objective which establish the way in which programs and
2678activities will be conducted to achieve an identified goal.
2679     (g)  The objectives and policies shall address items such
2680as:
2681     1.  The procedure for an annual update process;
2682     2.  The procedure for school site selection;
2683     3.  The procedure for school permitting;
2684     4.  Provision for infrastructure necessary to support
2685proposed schools, including potable water, wastewater, drainage,
2686solid waste, transportation, and means by which to assure safe
2687access to schools, including sidewalks, bicycle paths, turn
2688lanes, and signalization;
2689     5.  Provision for colocation of other public facilities,
2690such as parks, libraries, and community centers, in proximity to
2691public schools;
2692     6.  Provision for location of schools proximate to
2693residential areas and to complement patterns of development,
2694including the location of future school sites so they serve as
2695community focal points;
2696     7.  Measures to ensure compatibility of school sites and
2697surrounding land uses;
2698     8.  Coordination with adjacent local governments and the
2699school district on emergency preparedness issues, including the
2700use of public schools to serve as emergency shelters; and
2701     9.  Coordination with the future land use element.
2702     (h)  The element shall include one or more future
2703conditions maps which depict the anticipated location of
2704educational and ancillary plants, including the general location
2705of improvements to existing schools or new schools anticipated
2706over the 5-year or long-term planning period. The maps will of
2707necessity be general for the long-term planning period and more
2708specific for the 5-year period. Maps indicating general
2709locations of future schools or school improvements may not
2710prescribe a land use on a particular parcel of land.
2711     (i)  The state land planning agency shall establish a
2712phased schedule for adoption of the public school facilities
2713element and the required updates to the public schools
2714interlocal agreement pursuant to s. 163.31777. The schedule
2715shall provide for each county and local government within the
2716county to adopt the element and update to the agreement no later
2717than December 1, 2008. Plan amendments to adopt a public school
2718facilities element are exempt from the provisions of s.
2719163.3187(1).
2720     (j)  The state land planning agency may issue a notice to
2721the school board and the local government to show cause why
2722sanctions should not be enforced for failure to enter into an
2723approved interlocal agreement as required by s. 163.31777 or for
2724failure to implement provisions relating to public school
2725concurrency. If the state land planning agency finds that
2726insufficient cause exists for the school board's or local
2727government's failure to enter into an approved interlocal
2728agreement as required by s. 163.31777 or for the school board's
2729or local government's failure to implement the provisions
2730relating to public school concurrency, the state land planning
2731agency shall submit its finding to the Administration Commission
2732which may impose on the local government any of the sanctions
2733set forth in s. 163.3184(11)(a) and (b) and may impose on the
2734district school board any of the sanctions set forth in s.
27351008.32(4).
2736     (13)  Local governments are encouraged to develop a
2737community vision that provides for sustainable growth,
2738recognizes its fiscal constraints, and protects its natural
2739resources. At the request of a local government, the applicable
2740regional planning council shall provide assistance in the
2741development of a community vision.
2742     (a)  As part of the process of developing a community
2743vision under this section, the local government must hold two
2744public meetings with at least one of those meetings before the
2745local planning agency. Before those public meetings, the local
2746government must hold at least one public workshop with
2747stakeholder groups such as neighborhood associations, community
2748organizations, businesses, private property owners, housing and
2749development interests, and environmental organizations.
2750     (b)  The local government must, at a minimum, discuss five
2751of the following topics as part of the workshops and public
2752meetings required under paragraph (a):
2753     1.  Future growth in the area using population forecasts
2754from the Bureau of Economic and Business Research;
2755     2.  Priorities for economic development;
2756     3.  Preservation of open space, environmentally sensitive
2757lands, and agricultural lands;
2758     4.  Appropriate areas and standards for mixed-use
2759development;
2760     5.  Appropriate areas and standards for high-density
2761commercial and residential development;
2762     6.  Appropriate areas and standards for economic
2763development opportunities and employment centers;
2764     7.  Provisions for adequate workforce housing;
2765     8.  An efficient, interconnected multimodal transportation
2766system; and
2767     9.  Opportunities to create land use patterns that
2768accommodate the issues listed in subparagraphs 1.-8.
2769     (c)  As part of the workshops and public meetings, the
2770local government must discuss strategies for addressing the
2771topics discussed under paragraph (b), including:
2772     1.  Strategies to preserve open space and environmentally
2773sensitive lands, and to encourage a healthy agricultural
2774economy, including innovative planning and development
2775strategies, such as the transfer of development rights;
2776     2.  Incentives for mixed-use development, including
2777increased height and intensity standards for buildings that
2778provide residential use in combination with office or commercial
2779space;
2780     3.  Incentives for workforce housing;
2781     4.  Designation of an urban service boundary pursuant to
2782subsection (2); and
2783     5.  Strategies to provide mobility within the community and
2784to protect the Strategic Intermodal System, including the
2785development of a transportation corridor management plan under
2786s. 337.273.
2787     (d)  The community vision must reflect the community's
2788shared concept for growth and development of the community,
2789including visual representations depicting the desired land use
2790patterns and character of the community during a 10-year
2791planning timeframe. The community vision must also take into
2792consideration economic viability of the vision and private
2793property interests.
2794     (e)  After the workshops and public meetings required under
2795paragraph (a) are held, the local government may amend its
2796comprehensive plan to include the community vision as a
2797component in the plan. This plan amendment must be transmitted
2798and adopted pursuant to the procedures in ss. 163.3184 and
2799163.3189 at public hearings of the governing body other than
2800those identified in paragraph (a).
2801     (f)  Amendments submitted under this subsection are exempt
2802from the limitation on the frequency of plan amendments in s.
2803163.3187.
2804     (g)  A local government that has developed a community
2805vision or completed a visioning process after July 1, 2000, and
2806before July 1, 2005, which substantially accomplishes the goals
2807set forth in this subsection and the appropriate goals,
2808policies, or objectives have been adopted as part of the
2809comprehensive plan or reflected in subsequently adopted land
2810development regulations and the plan amendment incorporating the
2811community vision as a component has been found in compliance is
2812eligible for the incentives in s. 163.3184(17).
2813     (14)  Local governments are also encouraged to designate an
2814urban service boundary. This area must be appropriate for
2815compact, contiguous urban development within a 10-year planning
2816timeframe. The urban service area boundary must be identified on
2817the future land use map or map series. The local government
2818shall demonstrate that the land included within the urban
2819service boundary is served or is planned to be served with
2820adequate public facilities and services based on the local
2821government's adopted level-of-service standards by adopting a
282210-year facilities plan in the capital improvements element
2823which is financially feasible. The local government shall
2824demonstrate that the amount of land within the urban service
2825boundary does not exceed the amount of land needed to
2826accommodate the projected population growth at densities
2827consistent with the adopted comprehensive plan within the 10-
2828year planning timeframe.
2829     (a)  As part of the process of establishing an urban
2830service boundary, the local government must hold two public
2831meetings with at least one of those meetings before the local
2832planning agency. Before those public meetings, the local
2833government must hold at least one public workshop with
2834stakeholder groups such as neighborhood associations, community
2835organizations, businesses, private property owners, housing and
2836development interests, and environmental organizations.
2837     (b)1.  After the workshops and public meetings required
2838under paragraph (a) are held, the local government may amend its
2839comprehensive plan to include the urban service boundary. This
2840plan amendment must be transmitted and adopted pursuant to the
2841procedures in ss. 163.3184 and 163.3189 at meetings of the
2842governing body other than those required under paragraph (a).
2843     2.  This subsection does not prohibit new development
2844outside an urban service boundary. However, a local government
2845that establishes an urban service boundary under this subsection
2846is encouraged to require a full-cost-accounting analysis for any
2847new development outside the boundary and to consider the results
2848of that analysis when adopting a plan amendment for property
2849outside the established urban service boundary.
2850     (c)  Amendments submitted under this subsection are exempt
2851from the limitation on the frequency of plan amendments in s.
2852163.3187.
2853     (d)  A local government that has adopted an urban service
2854boundary before July 1, 2005, which substantially accomplishes
2855the goals set forth in this subsection is not required to comply
2856with paragraph (a) or subparagraph 1. of paragraph (b) in order
2857to be eligible for the incentives under s. 163.3184(17). In
2858order to satisfy the provisions of this paragraph, the local
2859government must secure a determination from the state land
2860planning agency that the urban service boundary adopted before
2861July 1, 2005, substantially complies with the criteria of this
2862subsection, based on data and analysis submitted by the local
2863government to support this determination. The determination by
2864the state land planning agency is not subject to administrative
2865challenge.
2866     (7)(15)(a)  The Legislature finds that:
2867     1.  There are a number of rural agricultural industrial
2868centers in the state that process, produce, or aid in the
2869production or distribution of a variety of agriculturally based
2870products, including, but not limited to, fruits, vegetables,
2871timber, and other crops, and juices, paper, and building
2872materials. Rural agricultural industrial centers have a
2873significant amount of existing associated infrastructure that is
2874used for processing, producing, or distributing agricultural
2875products.
2876     2.  Such rural agricultural industrial centers are often
2877located within or near communities in which the economy is
2878largely dependent upon agriculture and agriculturally based
2879products. The centers significantly enhance the economy of such
2880communities. However, these agriculturally based communities are
2881often socioeconomically challenged and designated as rural areas
2882of critical economic concern. If such rural agricultural
2883industrial centers are lost and not replaced with other job-
2884creating enterprises, the agriculturally based communities will
2885lose a substantial amount of their economies.
2886     3.  The state has a compelling interest in preserving the
2887viability of agriculture and protecting rural agricultural
2888communities and the state from the economic upheaval that would
2889result from short-term or long-term adverse changes in the
2890agricultural economy. To protect these communities and promote
2891viable agriculture for the long term, it is essential to
2892encourage and permit diversification of existing rural
2893agricultural industrial centers by providing for jobs that are
2894not solely dependent upon, but are compatible with and
2895complement, existing agricultural industrial operations and to
2896encourage the creation and expansion of industries that use
2897agricultural products in innovative ways. However, the expansion
2898and diversification of these existing centers must be
2899accomplished in a manner that does not promote urban sprawl into
2900surrounding agricultural and rural areas.
2901     (b)  As used in this subsection, the term "rural
2902agricultural industrial center" means a developed parcel of land
2903in an unincorporated area on which there exists an operating
2904agricultural industrial facility or facilities that employ at
2905least 200 full-time employees in the aggregate and process and
2906prepare for transport a farm product, as defined in s. 163.3162,
2907or any biomass material that could be used, directly or
2908indirectly, for the production of fuel, renewable energy,
2909bioenergy, or alternative fuel as defined by law. The center may
2910also include land contiguous to the facility site which is not
2911used for the cultivation of crops, but on which other existing
2912activities essential to the operation of such facility or
2913facilities are located or conducted. The parcel of land must be
2914located within, or within 10 miles of, a rural area of critical
2915economic concern.
2916     (c)1.  A landowner whose land is located within a rural
2917agricultural industrial center may apply for an amendment to the
2918local government comprehensive plan for the purpose of
2919designating and expanding the existing agricultural industrial
2920uses of facilities located within the center or expanding the
2921existing center to include industrial uses or facilities that
2922are not dependent upon but are compatible with agriculture and
2923the existing uses and facilities. A local government
2924comprehensive plan amendment under this paragraph must:
2925     a.  Not increase the physical area of the existing rural
2926agricultural industrial center by more than 50 percent or 320
2927acres, whichever is greater.
2928     b.  Propose a project that would, upon completion, create
2929at least 50 new full-time jobs.
2930     c.  Demonstrate that sufficient infrastructure capacity
2931exists or will be provided to support the expanded center at the
2932level-of-service standards adopted in the local government
2933comprehensive plan.
2934     d.  Contain goals, objectives, and policies that will
2935ensure that any adverse environmental impacts of the expanded
2936center will be adequately addressed and mitigation implemented
2937or demonstrate that the local government comprehensive plan
2938contains such provisions.
2939     2.  Within 6 months after receiving an application as
2940provided in this paragraph, the local government shall transmit
2941the application to the state land planning agency for review
2942pursuant to this chapter together with any needed amendments to
2943the applicable sections of its comprehensive plan to include
2944goals, objectives, and policies that provide for the expansion
2945of rural agricultural industrial centers and discourage urban
2946sprawl in the surrounding areas. Such goals, objectives, and
2947policies must promote and be consistent with the findings in
2948this subsection. An amendment that meets the requirements of
2949this subsection is presumed not to be urban sprawl as defined in
2950s. 163.3164 consistent with rule 9J-5.006(5), Florida
2951Administrative Code. This presumption may be rebutted by a
2952preponderance of the evidence.
2953     (d)  This subsection does not apply to an optional sector
2954plan adopted pursuant to s. 163.3245, a rural land stewardship
2955area designated pursuant to s. 163.3248 subsection (11), or any
2956comprehensive plan amendment that includes an inland port
2957terminal or affiliated port development.
2958     (e)  Nothing in this subsection shall be construed to
2959confer the status of rural area of critical economic concern, or
2960any of the rights or benefits derived from such status, on any
2961land area not otherwise designated as such pursuant to s.
2962288.0656(7).
2963     Section 12.  Section 163.31777, Florida Statutes, is
2964amended to read:
2965     163.31777  Public schools interlocal agreement.-
2966     (1)(a)  The county and municipalities located within the
2967geographic area of a school district shall enter into an
2968interlocal agreement with the district school board which
2969jointly establishes the specific ways in which the plans and
2970processes of the district school board and the local governments
2971are to be coordinated. The interlocal agreements shall be
2972submitted to the state land planning agency and the Office of
2973Educational Facilities in accordance with a schedule published
2974by the state land planning agency.
2975     (b)  The schedule must establish staggered due dates for
2976submission of interlocal agreements that are executed by both
2977the local government and the district school board, commencing
2978on March 1, 2003, and concluding by December 1, 2004, and must
2979set the same date for all governmental entities within a school
2980district. However, if the county where the school district is
2981located contains more than 20 municipalities, the state land
2982planning agency may establish staggered due dates for the
2983submission of interlocal agreements by these municipalities. The
2984schedule must begin with those areas where both the number of
2985districtwide capital-outlay full-time-equivalent students equals
298680 percent or more of the current year's school capacity and the
2987projected 5-year student growth is 1,000 or greater, or where
2988the projected 5-year student growth rate is 10 percent or
2989greater.
2990     (c)  If the student population has declined over the 5-year
2991period preceding the due date for submittal of an interlocal
2992agreement by the local government and the district school board,
2993the local government and the district school board may petition
2994the state land planning agency for a waiver of one or more
2995requirements of subsection (2). The waiver must be granted if
2996the procedures called for in subsection (2) are unnecessary
2997because of the school district's declining school age
2998population, considering the district's 5-year facilities work
2999program prepared pursuant to s. 1013.35. The state land planning
3000agency may modify or revoke the waiver upon a finding that the
3001conditions upon which the waiver was granted no longer exist.
3002The district school board and local governments must submit an
3003interlocal agreement within 1 year after notification by the
3004state land planning agency that the conditions for a waiver no
3005longer exist.
3006     (d)  Interlocal agreements between local governments and
3007district school boards adopted pursuant to s. 163.3177 before
3008the effective date of this section must be updated and executed
3009pursuant to the requirements of this section, if necessary.
3010Amendments to interlocal agreements adopted pursuant to this
3011section must be submitted to the state land planning agency
3012within 30 days after execution by the parties for review
3013consistent with this section. Local governments and the district
3014school board in each school district are encouraged to adopt a
3015single interlocal agreement to which all join as parties. The
3016state land planning agency shall assemble and make available
3017model interlocal agreements meeting the requirements of this
3018section and notify local governments and, jointly with the
3019Department of Education, the district school boards of the
3020requirements of this section, the dates for compliance, and the
3021sanctions for noncompliance. The state land planning agency
3022shall be available to informally review proposed interlocal
3023agreements. If the state land planning agency has not received a
3024proposed interlocal agreement for informal review, the state
3025land planning agency shall, at least 60 days before the deadline
3026for submission of the executed agreement, renotify the local
3027government and the district school board of the upcoming
3028deadline and the potential for sanctions.
3029     (2)  At a minimum, the interlocal agreement must address
3030interlocal-agreement requirements in s. 163.3180(13)(g), except
3031for exempt local governments as provided in s. 163.3177(12), and
3032must address the following issues:
3033     (a)  A process by which each local government and the
3034district school board agree and base their plans on consistent
3035projections of the amount, type, and distribution of population
3036growth and student enrollment. The geographic distribution of
3037jurisdiction-wide growth forecasts is a major objective of the
3038process.
3039     (b)  A process to coordinate and share information relating
3040to existing and planned public school facilities, including
3041school renovations and closures, and local government plans for
3042development and redevelopment.
3043     (c)  Participation by affected local governments with the
3044district school board in the process of evaluating potential
3045school closures, significant renovations to existing schools,
3046and new school site selection before land acquisition. Local
3047governments shall advise the district school board as to the
3048consistency of the proposed closure, renovation, or new site
3049with the local comprehensive plan, including appropriate
3050circumstances and criteria under which a district school board
3051may request an amendment to the comprehensive plan for school
3052siting.
3053     (d)  A process for determining the need for and timing of
3054onsite and offsite improvements to support new, proposed
3055expansion, or redevelopment of existing schools. The process
3056must address identification of the party or parties responsible
3057for the improvements.
3058     (e)  A process for the school board to inform the local
3059government regarding the effect of comprehensive plan amendments
3060on school capacity. The capacity reporting must be consistent
3061with laws and rules relating to measurement of school facility
3062capacity and must also identify how the district school board
3063will meet the public school demand based on the facilities work
3064program adopted pursuant to s. 1013.35.
3065     (f)  Participation of the local governments in the
3066preparation of the annual update to the district school board's
30675-year district facilities work program and educational plant
3068survey prepared pursuant to s. 1013.35.
3069     (g)  A process for determining where and how joint use of
3070either school board or local government facilities can be shared
3071for mutual benefit and efficiency.
3072     (h)  A procedure for the resolution of disputes between the
3073district school board and local governments, which may include
3074the dispute resolution processes contained in chapters 164 and
3075186.
3076     (i)  An oversight process, including an opportunity for
3077public participation, for the implementation of the interlocal
3078agreement.
3079     (3)(a)  The Office of Educational Facilities shall submit
3080any comments or concerns regarding the executed interlocal
3081agreement to the state land planning agency within 30 days after
3082receipt of the executed interlocal agreement. The state land
3083planning agency shall review the executed interlocal agreement
3084to determine whether it is consistent with the requirements of
3085subsection (2), the adopted local government comprehensive plan,
3086and other requirements of law. Within 60 days after receipt of
3087an executed interlocal agreement, the state land planning agency
3088shall publish a notice of intent in the Florida Administrative
3089Weekly and shall post a copy of the notice on the agency's
3090Internet site. The notice of intent must state whether the
3091interlocal agreement is consistent or inconsistent with the
3092requirements of subsection (2) and this subsection, as
3093appropriate.
3094     (b)  The state land planning agency's notice is subject to
3095challenge under chapter 120; however, an affected person, as
3096defined in s. 163.3184(1)(a), has standing to initiate the
3097administrative proceeding, and this proceeding is the sole means
3098available to challenge the consistency of an interlocal
3099agreement required by this section with the criteria contained
3100in subsection (2) and this subsection. In order to have
3101standing, each person must have submitted oral or written
3102comments, recommendations, or objections to the local government
3103or the school board before the adoption of the interlocal
3104agreement by the school board and local government. The district
3105school board and local governments are parties to any such
3106proceeding. In this proceeding, when the state land planning
3107agency finds the interlocal agreement to be consistent with the
3108criteria in subsection (2) and this subsection, the interlocal
3109agreement shall be determined to be consistent with subsection
3110(2) and this subsection if the local government's and school
3111board's determination of consistency is fairly debatable. When
3112the state planning agency finds the interlocal agreement to be
3113inconsistent with the requirements of subsection (2) and this
3114subsection, the local government's and school board's
3115determination of consistency shall be sustained unless it is
3116shown by a preponderance of the evidence that the interlocal
3117agreement is inconsistent.
3118     (c)  If the state land planning agency enters a final order
3119that finds that the interlocal agreement is inconsistent with
3120the requirements of subsection (2) or this subsection, it shall
3121forward it to the Administration Commission, which may impose
3122sanctions against the local government pursuant to s.
3123163.3184(11) and may impose sanctions against the district
3124school board by directing the Department of Education to
3125withhold from the district school board an equivalent amount of
3126funds for school construction available pursuant to ss. 1013.65,
31271013.68, 1013.70, and 1013.72.
3128     (4)  If an executed interlocal agreement is not timely
3129submitted to the state land planning agency for review, the
3130state land planning agency shall, within 15 working days after
3131the deadline for submittal, issue to the local government and
3132the district school board a Notice to Show Cause why sanctions
3133should not be imposed for failure to submit an executed
3134interlocal agreement by the deadline established by the agency.
3135The agency shall forward the notice and the responses to the
3136Administration Commission, which may enter a final order citing
3137the failure to comply and imposing sanctions against the local
3138government and district school board by directing the
3139appropriate agencies to withhold at least 5 percent of state
3140funds pursuant to s. 163.3184(11) and by directing the
3141Department of Education to withhold from the district school
3142board at least 5 percent of funds for school construction
3143available pursuant to ss. 1013.65, 1013.68, 1013.70, and
31441013.72.
3145     (5)  Any local government transmitting a public school
3146element to implement school concurrency pursuant to the
3147requirements of s. 163.3180 before the effective date of this
3148section is not required to amend the element or any interlocal
3149agreement to conform with the provisions of this section if the
3150element is adopted prior to or within 1 year after the effective
3151date of this section and remains in effect until the county
3152conducts its evaluation and appraisal report and identifies
3153changes necessary to more fully conform to the provisions of
3154this section.
3155     (6)  Except as provided in subsection (7), municipalities
3156meeting the exemption criteria in s. 163.3177(12) are exempt
3157from the requirements of subsections (1), (2), and (3).
3158     (7)  At the time of the evaluation and appraisal report,
3159each exempt municipality shall assess the extent to which it
3160continues to meet the criteria for exemption under s.
3161163.3177(12). If the municipality continues to meet these
3162criteria, the municipality shall continue to be exempt from the
3163interlocal-agreement requirement. Each municipality exempt under
3164s. 163.3177(12) must comply with the provisions of this section
3165within 1 year after the district school board proposes, in its
31665-year district facilities work program, a new school within the
3167municipality's jurisdiction.
3168     Section 13.  Subsection (9) of section 163.3178, Florida
3169Statutes, is amended to read:
3170     163.3178  Coastal management.-
3171     (9)(a)  Local governments may elect to comply with rule 9J-
31725.012(3)(b)6. and 7., Florida Administrative Code, through the
3173process provided in this section. A proposed comprehensive plan
3174amendment shall be found in compliance with state coastal high-
3175hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3176Florida Administrative Code, if:
3177     1.  The adopted level of service for out-of-county
3178hurricane evacuation is maintained for a category 5 storm event
3179as measured on the Saffir-Simpson scale; or
3180     2.  A 12-hour evacuation time to shelter is maintained for
3181a category 5 storm event as measured on the Saffir-Simpson scale
3182and shelter space reasonably expected to accommodate the
3183residents of the development contemplated by a proposed
3184comprehensive plan amendment is available; or
3185     3.  Appropriate mitigation is provided that will satisfy
3186the provisions of subparagraph 1. or subparagraph 2. Appropriate
3187mitigation shall include, without limitation, payment of money,
3188contribution of land, and construction of hurricane shelters and
3189transportation facilities. Required mitigation shall not exceed
3190the amount required for a developer to accommodate impacts
3191reasonably attributable to development. A local government and a
3192developer shall enter into a binding agreement to memorialize
3193the mitigation plan.
3194     (b)  For those local governments that have not established
3195a level of service for out-of-county hurricane evacuation by
3196July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
31977., Florida Administrative Code, by following the process in
3198paragraph (a), the level of service shall be no greater than 16
3199hours for a category 5 storm event as measured on the Saffir-
3200Simpson scale.
3201     (c)  This subsection shall become effective immediately and
3202shall apply to all local governments. No later than July 1,
32032008, local governments shall amend their future land use map
3204and coastal management element to include the new definition of
3205coastal high-hazard area and to depict the coastal high-hazard
3206area on the future land use map.
3207     Section 14.  Section 163.3180, Florida Statutes, is amended
3208to read:
3209     163.3180  Concurrency.-
3210     (1)(a)  Sanitary sewer, solid waste, drainage, and potable
3211water, parks and recreation, schools, and transportation
3212facilities, including mass transit, where applicable, are the
3213only public facilities and services subject to the concurrency
3214requirement on a statewide basis. Additional public facilities
3215and services may not be made subject to concurrency on a
3216statewide basis without appropriate study and approval by the
3217Legislature; however, any local government may extend the
3218concurrency requirement so that it applies to additional public
3219facilities within its jurisdiction. If concurrency is applied to
3220other public facilities, the local government comprehensive plan
3221must provide the principles, guidelines, standards, and
3222strategies, including adopted levels of service, to guide its
3223application. In order for a local government to rescind any
3224optional concurrency provisions, a comprehensive plan amendment
3225is required. An amendment rescinding optional concurrency issues
3226is not subject to state review. The local government
3227comprehensive plan must demonstrate, for required or optional
3228concurrency requirements, that the levels of service adopted can
3229be reasonably met. Infrastructure needed to ensure that adopted
3230level-of-service standards are achieved and maintained for the
32315-year period of the capital improvement schedule must be
3232identified pursuant to the requirements of s. 163.3177(3).
3233     (b)  Local governments shall use professionally accepted
3234techniques for measuring level of service for automobiles,
3235bicycles, pedestrians, transit, and trucks. These techniques may
3236be used to evaluate increased accessibility by multiple modes
3237and reductions in vehicle miles of travel in an area or zone.
3238The Department of Transportation shall develop methodologies to
3239assist local governments in implementing this multimodal level-
3240of-service analysis. The Department of Community Affairs and the
3241Department of Transportation shall provide technical assistance
3242to local governments in applying these methodologies.
3243     (2)(a)  Consistent with public health and safety, sanitary
3244sewer, solid waste, drainage, adequate water supplies, and
3245potable water facilities shall be in place and available to
3246serve new development no later than the issuance by the local
3247government of a certificate of occupancy or its functional
3248equivalent. Prior to approval of a building permit or its
3249functional equivalent, the local government shall consult with
3250the applicable water supplier to determine whether adequate
3251water supplies to serve the new development will be available no
3252later than the anticipated date of issuance by the local
3253government of a certificate of occupancy or its functional
3254equivalent. A local government may meet the concurrency
3255requirement for sanitary sewer through the use of onsite sewage
3256treatment and disposal systems approved by the Department of
3257Health to serve new development.
3258     (b)  Consistent with the public welfare, and except as
3259otherwise provided in this section, parks and recreation
3260facilities to serve new development shall be in place or under
3261actual construction no later than 1 year after issuance by the
3262local government of a certificate of occupancy or its functional
3263equivalent. However, the acreage for such facilities shall be
3264dedicated or be acquired by the local government prior to
3265issuance by the local government of a certificate of occupancy
3266or its functional equivalent, or funds in the amount of the
3267developer's fair share shall be committed no later than the
3268local government's approval to commence construction.
3269     (c)  Consistent with the public welfare, and except as
3270otherwise provided in this section, transportation facilities
3271needed to serve new development shall be in place or under
3272actual construction within 3 years after the local government
3273approves a building permit or its functional equivalent that
3274results in traffic generation.
3275     (3)  Governmental entities that are not responsible for
3276providing, financing, operating, or regulating public facilities
3277needed to serve development may not establish binding level-of-
3278service standards on governmental entities that do bear those
3279responsibilities. This subsection does not limit the authority
3280of any agency to recommend or make objections, recommendations,
3281comments, or determinations during reviews conducted under s.
3282163.3184.
3283     (4)(a)  The concurrency requirement as implemented in local
3284comprehensive plans applies to state and other public facilities
3285and development to the same extent that it applies to all other
3286facilities and development, as provided by law.
3287     (b)  The concurrency requirement as implemented in local
3288comprehensive plans does not apply to public transit facilities.
3289For the purposes of this paragraph, public transit facilities
3290include transit stations and terminals; transit station parking;
3291park-and-ride lots; intermodal public transit connection or
3292transfer facilities; fixed bus, guideway, and rail stations; and
3293airport passenger terminals and concourses, air cargo
3294facilities, and hangars for the assembly, manufacture,
3295maintenance, or storage of aircraft. As used in this paragraph,
3296the terms "terminals" and "transit facilities" do not include
3297seaports or commercial or residential development constructed in
3298conjunction with a public transit facility.
3299     (c)  The concurrency requirement, except as it relates to
3300transportation facilities and public schools, as implemented in
3301local government comprehensive plans, may be waived by a local
3302government for urban infill and redevelopment areas designated
3303pursuant to s. 163.2517 if such a waiver does not endanger
3304public health or safety as defined by the local government in
3305its local government comprehensive plan. The waiver shall be
3306adopted as a plan amendment pursuant to the process set forth in
3307s. 163.3187(3)(a). A local government may grant a concurrency
3308exception pursuant to subsection (5) for transportation
3309facilities located within these urban infill and redevelopment
3310areas.
3311     (5)(a)  If concurrency is applied to transportation
3312facilities, the local government comprehensive plan must provide
3313the principles, guidelines, standards, and strategies, including
3314adopted levels of service to guide its application.
3315     (b)  Local governments shall use professionally accepted
3316studies to determine appropriate levels of service, which shall
3317be based on a schedule of facilities that will be necessary to
3318meet level of service demands reflected in the capital
3319improvement element.
3320     (c)  Local governments shall use professionally accepted
3321techniques for measuring levels of service when evaluating
3322potential impacts of a proposed development.
3323     (d)  The premise of concurrency is that the public
3324facilities will be provided in order to achieve and maintain the
3325adopted level of service standard. A comprehensive plan that
3326imposes transportation concurrency shall contain appropriate
3327amendments to the capital improvements element of the
3328comprehensive plan, consistent with the requirements of s.
3329163.3177(3). The capital improvements element shall identify
3330facilities necessary to meet adopted levels of service during a
33315-year period.
3332     (e)  If a local government applies transportation
3333concurrency in its jurisdiction, it is encouraged to develop
3334policy guidelines and techniques to address potential negative
3335impacts on future development:
3336     1.  In urban infill and redevelopment, and urban service
3337areas.
3338     2.  With special part-time demands on the transportation
3339system.
3340     3.  With de minimis impacts.
3341     4.  On community desired types of development, such as
3342redevelopment, or job creation projects.
3343     (f)  Local governments are encouraged to develop tools and
3344techniques to complement the application of transportation
3345concurrency such as:
3346     1.  Adoption of long-term strategies to facilitate
3347development patterns that support multimodal solutions,
3348including urban design, and appropriate land use mixes,
3349including intensity and density.
3350     2.  Adoption of an areawide level of service not dependent
3351on any single road segment function.
3352     3.  Exempting or discounting impacts of locally desired
3353development, such as development in urban areas, redevelopment,
3354job creation, and mixed use on the transportation system.
3355     4.  Assigning secondary priority to vehicle mobility and
3356primary priority to ensuring a safe, comfortable, and attractive
3357pedestrian environment, with convenient interconnection to
3358transit.
3359     5.  Establishing multimodal level of service standards that
3360rely primarily on nonvehicular modes of transportation where
3361existing or planned community design will provide adequate level
3362of mobility.
3363     6.  Reducing impact fees or local access fees to promote
3364development within urban areas, multimodal transportation
3365districts, and a balance of mixed use development in certain
3366areas or districts, or for affordable or workforce housing.
3367     (g)  Local governments are encouraged to coordinate with
3368adjacent local governments for the purpose of using common
3369methodologies for measuring impacts on transportation
3370facilities.
3371     (h)  Local governments that implement transportation
3372concurrency must:
3373     1.  Consult with the Department of Transportation when
3374proposed plan amendments affect facilities on the strategic
3375intermodal system.
3376     2.  Exempt public transit facilities from concurrency. For
3377the purposes of this subparagraph, public transit facilities
3378include transit stations and terminals; transit station parking;
3379park-and-ride lots; intermodal public transit connection or
3380transfer facilities; fixed bus, guideway, and rail stations; and
3381airport passenger terminals and concourses, air cargo
3382facilities, and hangars for the assembly, manufacture,
3383maintenance, or storage of aircraft. As used in this
3384subparagraph, the terms "terminals" and "transit facilities" do
3385not include seaports or commercial or residential development
3386constructed in conjunction with a public transit facility.
3387     3.  Allow an applicant for a development of regional impact
3388development order, a rezoning, or other land use development
3389permit to satisfy the transportation concurrency requirements of
3390the local comprehensive plan, the local government's concurrency
3391management system, and s. 380.06, when applicable, if:
3392     a.  The applicant enters into a binding agreement to pay
3393for or construct its proportionate share of required
3394improvements.
3395     b. The proportionate share contribution or construction is
3396sufficient to accomplish one or more mobility improvements that
3397will benefit a regionally significant transportation facility.
3398     c.  The local government has provided a means by which the
3399landowner will be assessed a proportionate share of the cost of
3400providing the transportation facilities necessary to serve the
3401proposed development.
3402
3403When an applicant contributes or constructs its proportionate
3404share, pursuant to this subparagraph, a local government may not
3405require payment or construction of transportation facilities
3406whose costs would be greater than a development's proportionate
3407share of the improvements necessary to mitigate the
3408development's impacts. The proportionate share contribution
3409shall be calculated based upon the number of trips from the
3410proposed development expected to reach roadways during the peak
3411hour from the stage or phase being approved, divided by the
3412change in the peak hour maximum service volume of roadways
3413resulting from construction of an improvement necessary to
3414maintain or achieve the adopted level of service, multiplied by
3415the construction cost, at the time of development payment, of
3416the improvement necessary to maintain or achieve the adopted
3417level of service. When the provisions of this paragraph have
3418been satisfied for a particular stage or phase of development,
3419all transportation impacts from that stage or phase shall be
3420deemed fully mitigated in any cumulative transportation analysis
3421for a subsequent stage or phase of development. In projecting
3422the number of trips to be generated by the development under
3423review, any trips assigned to a toll-financed facility shall be
3424eliminated from the analysis. The applicant is not responsible
3425for the cost of reducing or eliminating deficits that exist
3426prior to the filing of the application and shall receive a
3427credit on a dollar-for-dollar basis for transportation impact
3428fees payable in the future for the project. This subparagraph
3429does not require a local government to approve a development
3430that is not otherwise qualified for approval pursuant to the
3431applicable local comprehensive plan and land development
3432regulations.
3433     (a)  The Legislature finds that under limited
3434circumstances, countervailing planning and public policy goals
3435may come into conflict with the requirement that adequate public
3436transportation facilities and services be available concurrent
3437with the impacts of such development. The Legislature further
3438finds that the unintended result of the concurrency requirement
3439for transportation facilities is often the discouragement of
3440urban infill development and redevelopment. Such unintended
3441results directly conflict with the goals and policies of the
3442state comprehensive plan and the intent of this part. The
3443Legislature also finds that in urban centers transportation
3444cannot be effectively managed and mobility cannot be improved
3445solely through the expansion of roadway capacity, that the
3446expansion of roadway capacity is not always physically or
3447financially possible, and that a range of transportation
3448alternatives is essential to satisfy mobility needs, reduce
3449congestion, and achieve healthy, vibrant centers.
3450     (b)1.  The following are transportation concurrency
3451exception areas:
3452     a.  A municipality that qualifies as a dense urban land
3453area under s. 163.3164;
3454     b.  An urban service area under s. 163.3164 that has been
3455adopted into the local comprehensive plan and is located within
3456a county that qualifies as a dense urban land area under s.
3457163.3164; and
3458     c.  A county, including the municipalities located therein,
3459which has a population of at least 900,000 and qualifies as a
3460dense urban land area under s. 163.3164, but does not have an
3461urban service area designated in the local comprehensive plan.
3462     2.  A municipality that does not qualify as a dense urban
3463land area pursuant to s. 163.3164 may designate in its local
3464comprehensive plan the following areas as transportation
3465concurrency exception areas:
3466     a.  Urban infill as defined in s. 163.3164;
3467     b.  Community redevelopment areas as defined in s. 163.340;
3468     c.  Downtown revitalization areas as defined in s.
3469163.3164;
3470     d.  Urban infill and redevelopment under s. 163.2517; or
3471     e.  Urban service areas as defined in s. 163.3164 or areas
3472within a designated urban service boundary under s.
3473163.3177(14).
3474     3.  A county that does not qualify as a dense urban land
3475area pursuant to s. 163.3164 may designate in its local
3476comprehensive plan the following areas as transportation
3477concurrency exception areas:
3478     a.  Urban infill as defined in s. 163.3164;
3479     b.  Urban infill and redevelopment under s. 163.2517; or
3480     c.  Urban service areas as defined in s. 163.3164.
3481     4.  A local government that has a transportation
3482concurrency exception area designated pursuant to subparagraph
34831., subparagraph 2., or subparagraph 3. shall, within 2 years
3484after the designated area becomes exempt, adopt into its local
3485comprehensive plan land use and transportation strategies to
3486support and fund mobility within the exception area, including
3487alternative modes of transportation. Local governments are
3488encouraged to adopt complementary land use and transportation
3489strategies that reflect the region's shared vision for its
3490future. If the state land planning agency finds insufficient
3491cause for the failure to adopt into its comprehensive plan land
3492use and transportation strategies to support and fund mobility
3493within the designated exception area after 2 years, it shall
3494submit the finding to the Administration Commission, which may
3495impose any of the sanctions set forth in s. 163.3184(11)(a) and
3496(b) against the local government.
3497     5.  Transportation concurrency exception areas designated
3498pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3499do not apply to designated transportation concurrency districts
3500located within a county that has a population of at least 1.5
3501million, has implemented and uses a transportation-related
3502concurrency assessment to support alternative modes of
3503transportation, including, but not limited to, mass transit, and
3504does not levy transportation impact fees within the concurrency
3505district.
3506     6.  Transportation concurrency exception areas designated
3507under subparagraph 1., subparagraph 2., or subparagraph 3. do
3508not apply in any county that has exempted more than 40 percent
3509of the area inside the urban service area from transportation
3510concurrency for the purpose of urban infill.
3511     7.  A local government that does not have a transportation
3512concurrency exception area designated pursuant to subparagraph
35131., subparagraph 2., or subparagraph 3. may grant an exception
3514from the concurrency requirement for transportation facilities
3515if the proposed development is otherwise consistent with the
3516adopted local government comprehensive plan and is a project
3517that promotes public transportation or is located within an area
3518designated in the comprehensive plan for:
3519     a.  Urban infill development;
3520     b.  Urban redevelopment;
3521     c.  Downtown revitalization;
3522     d.  Urban infill and redevelopment under s. 163.2517; or
3523     e.  An urban service area specifically designated as a
3524transportation concurrency exception area which includes lands
3525appropriate for compact, contiguous urban development, which
3526does not exceed the amount of land needed to accommodate the
3527projected population growth at densities consistent with the
3528adopted comprehensive plan within the 10-year planning period,
3529and which is served or is planned to be served with public
3530facilities and services as provided by the capital improvements
3531element.
3532     (c)  The Legislature also finds that developments located
3533within urban infill, urban redevelopment, urban service, or
3534downtown revitalization areas or areas designated as urban
3535infill and redevelopment areas under s. 163.2517, which pose
3536only special part-time demands on the transportation system, are
3537exempt from the concurrency requirement for transportation
3538facilities. A special part-time demand is one that does not have
3539more than 200 scheduled events during any calendar year and does
3540not affect the 100 highest traffic volume hours.
3541     (d)  Except for transportation concurrency exception areas
3542designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3543or subparagraph (b)3., the following requirements apply:
3544     1.  The local government shall both adopt into the
3545comprehensive plan and implement long-term strategies to support
3546and fund mobility within the designated exception area,
3547including alternative modes of transportation. The plan
3548amendment must also demonstrate how strategies will support the
3549purpose of the exception and how mobility within the designated
3550exception area will be provided.
3551     2.  The strategies must address urban design; appropriate
3552land use mixes, including intensity and density; and network
3553connectivity plans needed to promote urban infill,
3554redevelopment, or downtown revitalization. The comprehensive
3555plan amendment designating the concurrency exception area must
3556be accompanied by data and analysis supporting the local
3557government's determination of the boundaries of the
3558transportation concurrency exception area.
3559     (e)  Before designating a concurrency exception area
3560pursuant to subparagraph (b)7., the state land planning agency
3561and the Department of Transportation shall be consulted by the
3562local government to assess the impact that the proposed
3563exception area is expected to have on the adopted level-of-
3564service standards established for regional transportation
3565facilities identified pursuant to s. 186.507, including the
3566Strategic Intermodal System and roadway facilities funded in
3567accordance with s. 339.2819. Further, the local government shall
3568provide a plan for the mitigation of impacts to the Strategic
3569Intermodal System, including, if appropriate, access management,
3570parallel reliever roads, transportation demand management, and
3571other measures.
3572     (f)  The designation of a transportation concurrency
3573exception area does not limit a local government's home rule
3574power to adopt ordinances or impose fees. This subsection does
3575not affect any contract or agreement entered into or development
3576order rendered before the creation of the transportation
3577concurrency exception area except as provided in s.
3578380.06(29)(e).
3579     (g)  The Office of Program Policy Analysis and Government
3580Accountability shall submit to the President of the Senate and
3581the Speaker of the House of Representatives by February 1, 2015,
3582a report on transportation concurrency exception areas created
3583pursuant to this subsection. At a minimum, the report shall
3584address the methods that local governments have used to
3585implement and fund transportation strategies to achieve the
3586purposes of designated transportation concurrency exception
3587areas, and the effects of the strategies on mobility,
3588congestion, urban design, the density and intensity of land use
3589mixes, and network connectivity plans used to promote urban
3590infill, redevelopment, or downtown revitalization.
3591     (6)  The Legislature finds that a de minimis impact is
3592consistent with this part. A de minimis impact is an impact that
3593would not affect more than 1 percent of the maximum volume at
3594the adopted level of service of the affected transportation
3595facility as determined by the local government. No impact will
3596be de minimis if the sum of existing roadway volumes and the
3597projected volumes from approved projects on a transportation
3598facility would exceed 110 percent of the maximum volume at the
3599adopted level of service of the affected transportation
3600facility; provided however, that an impact of a single family
3601home on an existing lot will constitute a de minimis impact on
3602all roadways regardless of the level of the deficiency of the
3603roadway. Further, no impact will be de minimis if it would
3604exceed the adopted level-of-service standard of any affected
3605designated hurricane evacuation routes. Each local government
3606shall maintain sufficient records to ensure that the 110-percent
3607criterion is not exceeded. Each local government shall submit
3608annually, with its updated capital improvements element, a
3609summary of the de minimis records. If the state land planning
3610agency determines that the 110-percent criterion has been
3611exceeded, the state land planning agency shall notify the local
3612government of the exceedance and that no further de minimis
3613exceptions for the applicable roadway may be granted until such
3614time as the volume is reduced below the 110 percent. The local
3615government shall provide proof of this reduction to the state
3616land planning agency before issuing further de minimis
3617exceptions.
3618     (7)  In order to promote infill development and
3619redevelopment, one or more transportation concurrency management
3620areas may be designated in a local government comprehensive
3621plan. A transportation concurrency management area must be a
3622compact geographic area with an existing network of roads where
3623multiple, viable alternative travel paths or modes are available
3624for common trips. A local government may establish an areawide
3625level-of-service standard for such a transportation concurrency
3626management area based upon an analysis that provides for a
3627justification for the areawide level of service, how urban
3628infill development or redevelopment will be promoted, and how
3629mobility will be accomplished within the transportation
3630concurrency management area. Prior to the designation of a
3631concurrency management area, the Department of Transportation
3632shall be consulted by the local government to assess the impact
3633that the proposed concurrency management area is expected to
3634have on the adopted level-of-service standards established for
3635Strategic Intermodal System facilities, as defined in s. 339.64,
3636and roadway facilities funded in accordance with s. 339.2819.
3637Further, the local government shall, in cooperation with the
3638Department of Transportation, develop a plan to mitigate any
3639impacts to the Strategic Intermodal System, including, if
3640appropriate, the development of a long-term concurrency
3641management system pursuant to subsection (9) and s.
3642163.3177(3)(d). Transportation concurrency management areas
3643existing prior to July 1, 2005, shall meet, at a minimum, the
3644provisions of this section by July 1, 2006, or at the time of
3645the comprehensive plan update pursuant to the evaluation and
3646appraisal report, whichever occurs last. The state land planning
3647agency shall amend chapter 9J-5, Florida Administrative Code, to
3648be consistent with this subsection.
3649     (8)  When assessing the transportation impacts of proposed
3650urban redevelopment within an established existing urban service
3651area, 110 percent of the actual transportation impact caused by
3652the previously existing development must be reserved for the
3653redevelopment, even if the previously existing development has a
3654lesser or nonexisting impact pursuant to the calculations of the
3655local government. Redevelopment requiring less than 110 percent
3656of the previously existing capacity shall not be prohibited due
3657to the reduction of transportation levels of service below the
3658adopted standards. This does not preclude the appropriate
3659assessment of fees or accounting for the impacts within the
3660concurrency management system and capital improvements program
3661of the affected local government. This paragraph does not affect
3662local government requirements for appropriate development
3663permits.
3664     (9)(a)  Each local government may adopt as a part of its
3665plan, long-term transportation and school concurrency management
3666systems with a planning period of up to 10 years for specially
3667designated districts or areas where significant backlogs exist.
3668The plan may include interim level-of-service standards on
3669certain facilities and shall rely on the local government's
3670schedule of capital improvements for up to 10 years as a basis
3671for issuing development orders that authorize commencement of
3672construction in these designated districts or areas. The
3673concurrency management system must be designed to correct
3674existing deficiencies and set priorities for addressing
3675backlogged facilities. The concurrency management system must be
3676financially feasible and consistent with other portions of the
3677adopted local plan, including the future land use map.
3678     (b)  If a local government has a transportation or school
3679facility backlog for existing development which cannot be
3680adequately addressed in a 10-year plan, the state land planning
3681agency may allow it to develop a plan and long-term schedule of
3682capital improvements covering up to 15 years for good and
3683sufficient cause, based on a general comparison between that
3684local government and all other similarly situated local
3685jurisdictions, using the following factors:
3686     1.  The extent of the backlog.
3687     2.  For roads, whether the backlog is on local or state
3688roads.
3689     3.  The cost of eliminating the backlog.
3690     4.  The local government's tax and other revenue-raising
3691efforts.
3692     (c)  The local government may issue approvals to commence
3693construction notwithstanding this section, consistent with and
3694in areas that are subject to a long-term concurrency management
3695system.
3696     (d)  If the local government adopts a long-term concurrency
3697management system, it must evaluate the system periodically. At
3698a minimum, the local government must assess its progress toward
3699improving levels of service within the long-term concurrency
3700management district or area in the evaluation and appraisal
3701report and determine any changes that are necessary to
3702accelerate progress in meeting acceptable levels of service.
3703     (10)  Except in transportation concurrency exception areas,
3704with regard to roadway facilities on the Strategic Intermodal
3705System designated in accordance with s. 339.63, local
3706governments shall adopt the level-of-service standard
3707established by the Department of Transportation by rule.
3708However, if the Office of Tourism, Trade, and Economic
3709Development concurs in writing with the local government that
3710the proposed development is for a qualified job creation project
3711under s. 288.0656 or s. 403.973, the affected local government,
3712after consulting with the Department of Transportation, may
3713provide for a waiver of transportation concurrency for the
3714project. For all other roads on the State Highway System, local
3715governments shall establish an adequate level-of-service
3716standard that need not be consistent with any level-of-service
3717standard established by the Department of Transportation. In
3718establishing adequate level-of-service standards for any
3719arterial roads, or collector roads as appropriate, which
3720traverse multiple jurisdictions, local governments shall
3721consider compatibility with the roadway facility's adopted
3722level-of-service standards in adjacent jurisdictions. Each local
3723government within a county shall use a professionally accepted
3724methodology for measuring impacts on transportation facilities
3725for the purposes of implementing its concurrency management
3726system. Counties are encouraged to coordinate with adjacent
3727counties, and local governments within a county are encouraged
3728to coordinate, for the purpose of using common methodologies for
3729measuring impacts on transportation facilities for the purpose
3730of implementing their concurrency management systems.
3731     (11)  In order to limit the liability of local governments,
3732a local government may allow a landowner to proceed with
3733development of a specific parcel of land notwithstanding a
3734failure of the development to satisfy transportation
3735concurrency, when all the following factors are shown to exist:
3736     (a)  The local government with jurisdiction over the
3737property has adopted a local comprehensive plan that is in
3738compliance.
3739     (b)  The proposed development would be consistent with the
3740future land use designation for the specific property and with
3741pertinent portions of the adopted local plan, as determined by
3742the local government.
3743     (c)  The local plan includes a financially feasible capital
3744improvements element that provides for transportation facilities
3745adequate to serve the proposed development, and the local
3746government has not implemented that element.
3747     (d)  The local government has provided a means by which the
3748landowner will be assessed a fair share of the cost of providing
3749the transportation facilities necessary to serve the proposed
3750development.
3751     (e)  The landowner has made a binding commitment to the
3752local government to pay the fair share of the cost of providing
3753the transportation facilities to serve the proposed development.
3754     (12)(a)  A development of regional impact may satisfy the
3755transportation concurrency requirements of the local
3756comprehensive plan, the local government's concurrency
3757management system, and s. 380.06 by payment of a proportionate-
3758share contribution for local and regionally significant traffic
3759impacts, if:
3760     1.  The development of regional impact which, based on its
3761location or mix of land uses, is designed to encourage
3762pedestrian or other nonautomotive modes of transportation;
3763     2.  The proportionate-share contribution for local and
3764regionally significant traffic impacts is sufficient to pay for
3765one or more required mobility improvements that will benefit a
3766regionally significant transportation facility;
3767     3.  The owner and developer of the development of regional
3768impact pays or assures payment of the proportionate-share
3769contribution; and
3770     4.  If the regionally significant transportation facility
3771to be constructed or improved is under the maintenance authority
3772of a governmental entity, as defined by s. 334.03(12), other
3773than the local government with jurisdiction over the development
3774of regional impact, the developer is required to enter into a
3775binding and legally enforceable commitment to transfer funds to
3776the governmental entity having maintenance authority or to
3777otherwise assure construction or improvement of the facility.
3778
3779The proportionate-share contribution may be applied to any
3780transportation facility to satisfy the provisions of this
3781subsection and the local comprehensive plan, but, for the
3782purposes of this subsection, the amount of the proportionate-
3783share contribution shall be calculated based upon the cumulative
3784number of trips from the proposed development expected to reach
3785roadways during the peak hour from the complete buildout of a
3786stage or phase being approved, divided by the change in the peak
3787hour maximum service volume of roadways resulting from
3788construction of an improvement necessary to maintain the adopted
3789level of service, multiplied by the construction cost, at the
3790time of developer payment, of the improvement necessary to
3791maintain the adopted level of service. For purposes of this
3792subsection, "construction cost" includes all associated costs of
3793the improvement. Proportionate-share mitigation shall be limited
3794to ensure that a development of regional impact meeting the
3795requirements of this subsection mitigates its impact on the
3796transportation system but is not responsible for the additional
3797cost of reducing or eliminating backlogs. This subsection also
3798applies to Florida Quality Developments pursuant to s. 380.061
3799and to detailed specific area plans implementing optional sector
3800plans pursuant to s. 163.3245.
3801     (b)  As used in this subsection, the term "backlog" means a
3802facility or facilities on which the adopted level-of-service
3803standard is exceeded by the existing trips, plus additional
3804projected background trips from any source other than the
3805development project under review that are forecast by
3806established traffic standards, including traffic modeling,
3807consistent with the University of Florida Bureau of Economic and
3808Business Research medium population projections. Additional
3809projected background trips are to be coincident with the
3810particular stage or phase of development under review.
3811     (13)  School concurrency shall be established on a
3812districtwide basis and shall include all public schools in the
3813district and all portions of the district, whether located in a
3814municipality or an unincorporated area unless exempt from the
3815public school facilities element pursuant to s. 163.3177(12).
3816     (6)(a)  If concurrency is applied to public education
3817facilities, The application of school concurrency to development
3818shall be based upon the adopted comprehensive plan, as amended.
3819all local governments within a county, except as provided in
3820paragraph (i)(f), shall include principles, guidelines,
3821standards, and strategies, including adopted levels of service,
3822in their comprehensive plans and adopt and transmit to the state
3823land planning agency the necessary plan amendments, along with
3824the interlocal agreements. If the county and one or more
3825municipalities have adopted school concurrency into its
3826comprehensive plan and interlocal agreement that represents at
3827least 80 percent of the total countywide population, the failure
3828of one or more municipalities to adopt the concurrency and enter
3829into the interlocal agreement does not preclude implementation
3830of school concurrency within the school district. agreement, for
3831a compliance review pursuant to s. 163.3184(7) and (8). The
3832minimum requirements for school concurrency are the following:
3833     (a)  Public school facilities element.-A local government
3834shall adopt and transmit to the state land planning agency a
3835plan or plan amendment which includes a public school facilities
3836element which is consistent with the requirements of s.
3837163.3177(12) and which is determined to be in compliance as
3838defined in s. 163.3184(1)(b). All local government provisions
3839included in comprehensive plans regarding school concurrency
3840public school facilities plan elements within a county must be
3841consistent with each other as well as the requirements of this
3842part.
3843     (b)  Level-of-service standards.-The Legislature recognizes
3844that an essential requirement for a concurrency management
3845system is the level of service at which a public facility is
3846expected to operate.
3847     1.  Local governments and school boards imposing school
3848concurrency shall exercise authority in conjunction with each
3849other to establish jointly adequate level-of-service standards,
3850as defined in chapter 9J-5, Florida Administrative Code,
3851necessary to implement the adopted local government
3852comprehensive plan, based on data and analysis.
3853     (c)2.  Public school level-of-service standards shall be
3854included and adopted into the capital improvements element of
3855the local comprehensive plan and shall apply districtwide to all
3856schools of the same type. Types of schools may include
3857elementary, middle, and high schools as well as special purpose
3858facilities such as magnet schools.
3859     (d)3.  Local governments and school boards may shall have
3860the option to utilize tiered level-of-service standards to allow
3861time to achieve an adequate and desirable level of service as
3862circumstances warrant.
3863     (e)4.  For the purpose of determining whether levels of
3864service have been achieved, for the first 3 years of school
3865concurrency implementation, A school district that includes
3866relocatable facilities in its inventory of student stations
3867shall include the capacity of such relocatable facilities as
3868provided in s. 1013.35(2)(b)2.f., provided the relocatable
3869facilities were purchased after 1998 and the relocatable
3870facilities meet the standards for long-term use pursuant to s.
38711013.20.
3872     (c)  Service areas.-The Legislature recognizes that an
3873essential requirement for a concurrency system is a designation
3874of the area within which the level of service will be measured
3875when an application for a residential development permit is
3876reviewed for school concurrency purposes. This delineation is
3877also important for purposes of determining whether the local
3878government has a financially feasible public school capital
3879facilities program that will provide schools which will achieve
3880and maintain the adopted level-of-service standards.
3881     (f)1.  In order to balance competing interests, preserve
3882the constitutional concept of uniformity, and avoid disruption
3883of existing educational and growth management processes, local
3884governments are encouraged, if they elect to adopt school
3885concurrency, to initially apply school concurrency to
3886development only on a districtwide basis so that a concurrency
3887determination for a specific development will be based upon the
3888availability of school capacity districtwide. To ensure that
3889development is coordinated with schools having available
3890capacity, within 5 years after adoption of school concurrency,
3891     2.  If a local government elects to governments shall apply
3892school concurrency on a less than districtwide basis, by such as
3893using school attendance zones or concurrency service areas:, as
3894provided in subparagraph 2.
3895     a.2.  For local governments applying school concurrency on
3896a less than districtwide basis, such as utilizing school
3897attendance zones or larger school concurrency service areas,
3898Local governments and school boards shall have the burden to
3899demonstrate that the utilization of school capacity is maximized
3900to the greatest extent possible in the comprehensive plan and
3901amendment, taking into account transportation costs and court-
3902approved desegregation plans, as well as other factors. In
3903addition, in order to achieve concurrency within the service
3904area boundaries selected by local governments and school boards,
3905the service area boundaries, together with the standards for
3906establishing those boundaries, shall be identified and included
3907as supporting data and analysis for the comprehensive plan.
3908     b.3.  Where school capacity is available on a districtwide
3909basis but school concurrency is applied on a less than
3910districtwide basis in the form of concurrency service areas, if
3911the adopted level-of-service standard cannot be met in a
3912particular service area as applied to an application for a
3913development permit and if the needed capacity for the particular
3914service area is available in one or more contiguous service
3915areas, as adopted by the local government, then the local
3916government may not deny an application for site plan or final
3917subdivision approval or the functional equivalent for a
3918development or phase of a development on the basis of school
3919concurrency, and if issued, development impacts shall be
3920subtracted from the shifted to  contiguous service area's areas
3921with schools having available capacity totals. Students from the
3922development may not be required to go to the adjacent service
3923area unless the school board rezones the area in which the
3924development occurs.
3925     (g)(d)  Financial feasibility.-The Legislature recognizes
3926that financial feasibility is an important issue because The
3927premise of concurrency is that the public facilities will be
3928provided in order to achieve and maintain the adopted level-of-
3929service standard. This part and chapter 9J-5, Florida
3930Administrative Code, contain specific standards to determine the
3931financial feasibility of capital programs. These standards were
3932adopted to make concurrency more predictable and local
3933governments more accountable.
3934     1.  A comprehensive plan that imposes amendment seeking to
3935impose school concurrency shall contain appropriate amendments
3936to the capital improvements element of the comprehensive plan,
3937consistent with the requirements of s. 163.3177(3) and rule 9J-
39385.016, Florida Administrative Code. The capital improvements
3939element shall identify facilities necessary to meet adopted
3940levels of service during a 5-year period consistent with the
3941school board's educational set forth a financially feasible
3942public school capital facilities plan program, established in
3943conjunction with the school board, that demonstrates that the
3944adopted level-of-service standards will be achieved and
3945maintained.
3946     (h)1.  In order to limit the liability of local
3947governments, a local government may allow a landowner to proceed
3948with development of a specific parcel of land notwithstanding a
3949failure of the development to satisfy school concurrency, if all
3950the following factors are shown to exist:
3951     a.  The proposed development would be consistent with the
3952future land use designation for the specific property and with
3953pertinent portions of the adopted local plan, as determined by
3954the local government.
3955     b.  The local government's capital improvements element and
3956the school board's educational facilities plan provide for
3957school facilities adequate to serve the proposed development,
3958and the local government or school board has not implemented
3959that element or the project includes a plan that demonstrates
3960that the capital facilities needed as a result of the project
3961can be reasonably provided.
3962     c.  The local government and school board have provided a
3963means by which the landowner will be assessed a proportionate
3964share of the cost of providing the school facilities necessary
3965to serve the proposed development.
3966     2.  Such amendments shall demonstrate that the public
3967school capital facilities program meets all of the financial
3968feasibility standards of this part and chapter 9J-5, Florida
3969Administrative Code, that apply to capital programs which
3970provide the basis for mandatory concurrency on other public
3971facilities and services.
3972     3.  When the financial feasibility of a public school
3973capital facilities program is evaluated by the state land
3974planning agency for purposes of a compliance determination, the
3975evaluation shall be based upon the service areas selected by the
3976local governments and school board.
3977     2.(e)  Availability standard.-Consistent with the public
3978welfare, If a local government applies school concurrency, it
3979may not deny an application for site plan, final subdivision
3980approval, or the functional equivalent for a development or
3981phase of a development authorizing residential development for
3982failure to achieve and maintain the level-of-service standard
3983for public school capacity in a local school concurrency
3984management system where adequate school facilities will be in
3985place or under actual construction within 3 years after the
3986issuance of final subdivision or site plan approval, or the
3987functional equivalent. School concurrency is satisfied if the
3988developer executes a legally binding commitment to provide
3989mitigation proportionate to the demand for public school
3990facilities to be created by actual development of the property,
3991including, but not limited to, the options described in sub-
3992subparagraph a. subparagraph 1. Options for proportionate-share
3993mitigation of impacts on public school facilities must be
3994established in the comprehensive plan public school facilities
3995element and the interlocal agreement pursuant to s. 163.31777.
3996     a.1.  Appropriate mitigation options include the
3997contribution of land; the construction, expansion, or payment
3998for land acquisition or construction of a public school
3999facility; the construction of a charter school that complies
4000with the requirements of s. 1002.33(18); or the creation of
4001mitigation banking based on the construction of a public school
4002facility in exchange for the right to sell capacity credits.
4003Such options must include execution by the applicant and the
4004local government of a development agreement that constitutes a
4005legally binding commitment to pay proportionate-share mitigation
4006for the additional residential units approved by the local
4007government in a development order and actually developed on the
4008property, taking into account residential density allowed on the
4009property prior to the plan amendment that increased the overall
4010residential density. The district school board must be a party
4011to such an agreement. As a condition of its entry into such a
4012development agreement, the local government may require the
4013landowner to agree to continuing renewal of the agreement upon
4014its expiration.
4015     b.2.  If the interlocal agreement education facilities plan
4016and the local government comprehensive plan public educational
4017facilities element authorize a contribution of land; the
4018construction, expansion, or payment for land acquisition; the
4019construction or expansion of a public school facility, or a
4020portion thereof; or the construction of a charter school that
4021complies with the requirements of s. 1002.33(18), as
4022proportionate-share mitigation, the local government shall
4023credit such a contribution, construction, expansion, or payment
4024toward any other impact fee or exaction imposed by local
4025ordinance for the same need, on a dollar-for-dollar basis at
4026fair market value.
4027     c.3.  Any proportionate-share mitigation must be directed
4028by the school board toward a school capacity improvement
4029identified in the a financially feasible 5-year school board's
4030educational facilities district work plan that satisfies the
4031demands created by the development in accordance with a binding
4032developer's agreement.
4033     4.  If a development is precluded from commencing because
4034there is inadequate classroom capacity to mitigate the impacts
4035of the development, the development may nevertheless commence if
4036there are accelerated facilities in an approved capital
4037improvement element scheduled for construction in year four or
4038later of such plan which, when built, will mitigate the proposed
4039development, or if such accelerated facilities will be in the
4040next annual update of the capital facilities element, the
4041developer enters into a binding, financially guaranteed
4042agreement with the school district to construct an accelerated
4043facility within the first 3 years of an approved capital
4044improvement plan, and the cost of the school facility is equal
4045to or greater than the development's proportionate share. When
4046the completed school facility is conveyed to the school
4047district, the developer shall receive impact fee credits usable
4048within the zone where the facility is constructed or any
4049attendance zone contiguous with or adjacent to the zone where
4050the facility is constructed.
4051     3.5.  This paragraph does not limit the authority of a
4052local government to deny a development permit or its functional
4053equivalent pursuant to its home rule regulatory powers, except
4054as provided in this part.
4055     (i)(f)  Intergovernmental coordination.-
4056     1.  When establishing concurrency requirements for public
4057schools, a local government shall satisfy the requirements for
4058intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4059and 2., except that A municipality is not required to be a
4060signatory to the interlocal agreement required by paragraph (j)
4061ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4062imposition of school concurrency, and as a nonsignatory, shall
4063not participate in the adopted local school concurrency system,
4064if the municipality meets all of the following criteria for
4065having no significant impact on school attendance:
4066     1.a.  The municipality has issued development orders for
4067fewer than 50 residential dwelling units during the preceding 5
4068years, or the municipality has generated fewer than 25
4069additional public school students during the preceding 5 years.
4070     2.b.  The municipality has not annexed new land during the
4071preceding 5 years in land use categories which permit
4072residential uses that will affect school attendance rates.
4073     3.c.  The municipality has no public schools located within
4074its boundaries.
4075     4.d.  At least 80 percent of the developable land within
4076the boundaries of the municipality has been built upon.
4077     2.  A municipality which qualifies as having no significant
4078impact on school attendance pursuant to the criteria of
4079subparagraph 1. must review and determine at the time of its
4080evaluation and appraisal report pursuant to s. 163.3191 whether
4081it continues to meet the criteria pursuant to s. 163.31777(6).
4082If the municipality determines that it no longer meets the
4083criteria, it must adopt appropriate school concurrency goals,
4084objectives, and policies in its plan amendments based on the
4085evaluation and appraisal report, and enter into the existing
4086interlocal agreement required by ss. 163.3177(6)(h)2. and
4087163.31777, in order to fully participate in the school
4088concurrency system. If such a municipality fails to do so, it
4089will be subject to the enforcement provisions of s. 163.3191.
4090     (j)(g)  Interlocal agreement for school concurrency.-When
4091establishing concurrency requirements for public schools, a
4092local government must enter into an interlocal agreement that
4093satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4094163.31777 and the requirements of this subsection. The
4095interlocal agreement shall acknowledge both the school board's
4096constitutional and statutory obligations to provide a uniform
4097system of free public schools on a countywide basis, and the
4098land use authority of local governments, including their
4099authority to approve or deny comprehensive plan amendments and
4100development orders. The interlocal agreement shall be submitted
4101to the state land planning agency by the local government as a
4102part of the compliance review, along with the other necessary
4103amendments to the comprehensive plan required by this part. In
4104addition to the requirements of ss. 163.3177(6)(h) and
4105163.31777, The interlocal agreement shall meet the following
4106requirements:
4107     1.  Establish the mechanisms for coordinating the
4108development, adoption, and amendment of each local government's
4109school concurrency related provisions of the comprehensive plan
4110public school facilities element with each other and the plans
4111of the school board to ensure a uniform districtwide school
4112concurrency system.
4113     2.  Establish a process for the development of siting
4114criteria which encourages the location of public schools
4115proximate to urban residential areas to the extent possible and
4116seeks to collocate schools with other public facilities such as
4117parks, libraries, and community centers to the extent possible.
4118     2.3.  Specify uniform, districtwide level-of-service
4119standards for public schools of the same type and the process
4120for modifying the adopted level-of-service standards.
4121     4.  Establish a process for the preparation, amendment, and
4122joint approval by each local government and the school board of
4123a public school capital facilities program which is financially
4124feasible, and a process and schedule for incorporation of the
4125public school capital facilities program into the local
4126government comprehensive plans on an annual basis.
4127     3.5.  Define the geographic application of school
4128concurrency. If school concurrency is to be applied on a less
4129than districtwide basis in the form of concurrency service
4130areas, the agreement shall establish criteria and standards for
4131the establishment and modification of school concurrency service
4132areas. The agreement shall also establish a process and schedule
4133for the mandatory incorporation of the school concurrency
4134service areas and the criteria and standards for establishment
4135of the service areas into the local government comprehensive
4136plans. The agreement shall ensure maximum utilization of school
4137capacity, taking into account transportation costs and court-
4138approved desegregation plans, as well as other factors. The
4139agreement shall also ensure the achievement and maintenance of
4140the adopted level-of-service standards for the geographic area
4141of application throughout the 5 years covered by the public
4142school capital facilities plan and thereafter by adding a new
4143fifth year during the annual update.
4144     4.6.  Establish a uniform districtwide procedure for
4145implementing school concurrency which provides for:
4146     a.  The evaluation of development applications for
4147compliance with school concurrency requirements, including
4148information provided by the school board on affected schools,
4149impact on levels of service, and programmed improvements for
4150affected schools and any options to provide sufficient capacity;
4151     b.  An opportunity for the school board to review and
4152comment on the effect of comprehensive plan amendments and
4153rezonings on the public school facilities plan; and
4154     c.  The monitoring and evaluation of the school concurrency
4155system.
4156     7.  Include provisions relating to amendment of the
4157agreement.
4158     5.8.  A process and uniform methodology for determining
4159proportionate-share mitigation pursuant to subparagraph (h)(e)1.
4160     (k)(h)  Local government authority.-This subsection does
4161not limit the authority of a local government to grant or deny a
4162development permit or its functional equivalent prior to the
4163implementation of school concurrency.
4164     (14)  The state land planning agency shall, by October 1,
41651998, adopt by rule minimum criteria for the review and
4166determination of compliance of a public school facilities
4167element adopted by a local government for purposes of imposition
4168of school concurrency.
4169     (15)(a)  Multimodal transportation districts may be
4170established under a local government comprehensive plan in areas
4171delineated on the future land use map for which the local
4172comprehensive plan assigns secondary priority to vehicle
4173mobility and primary priority to assuring a safe, comfortable,
4174and attractive pedestrian environment, with convenient
4175interconnection to transit. Such districts must incorporate
4176community design features that will reduce the number of
4177automobile trips or vehicle miles of travel and will support an
4178integrated, multimodal transportation system. Prior to the
4179designation of multimodal transportation districts, the
4180Department of Transportation shall be consulted by the local
4181government to assess the impact that the proposed multimodal
4182district area is expected to have on the adopted level-of-
4183service standards established for Strategic Intermodal System
4184facilities, as defined in s. 339.64, and roadway facilities
4185funded in accordance with s. 339.2819. Further, the local
4186government shall, in cooperation with the Department of
4187Transportation, develop a plan to mitigate any impacts to the
4188Strategic Intermodal System, including the development of a
4189long-term concurrency management system pursuant to subsection
4190(9) and s. 163.3177(3)(d). Multimodal transportation districts
4191existing prior to July 1, 2005, shall meet, at a minimum, the
4192provisions of this section by July 1, 2006, or at the time of
4193the comprehensive plan update pursuant to the evaluation and
4194appraisal report, whichever occurs last.
4195     (b)  Community design elements of such a district include:
4196a complementary mix and range of land uses, including
4197educational, recreational, and cultural uses; interconnected
4198networks of streets designed to encourage walking and bicycling,
4199with traffic-calming where desirable; appropriate densities and
4200intensities of use within walking distance of transit stops;
4201daily activities within walking distance of residences, allowing
4202independence to persons who do not drive; public uses, streets,
4203and squares that are safe, comfortable, and attractive for the
4204pedestrian, with adjoining buildings open to the street and with
4205parking not interfering with pedestrian, transit, automobile,
4206and truck travel modes.
4207     (c)  Local governments may establish multimodal level-of-
4208service standards that rely primarily on nonvehicular modes of
4209transportation within the district, when justified by an
4210analysis demonstrating that the existing and planned community
4211design will provide an adequate level of mobility within the
4212district based upon professionally accepted multimodal level-of-
4213service methodologies. The analysis must also demonstrate that
4214the capital improvements required to promote community design
4215are financially feasible over the development or redevelopment
4216timeframe for the district and that community design features
4217within the district provide convenient interconnection for a
4218multimodal transportation system. Local governments may issue
4219development permits in reliance upon all planned community
4220design capital improvements that are financially feasible over
4221the development or redevelopment timeframe for the district,
4222without regard to the period of time between development or
4223redevelopment and the scheduled construction of the capital
4224improvements. A determination of financial feasibility shall be
4225based upon currently available funding or funding sources that
4226could reasonably be expected to become available over the
4227planning period.
4228     (d)  Local governments may reduce impact fees or local
4229access fees for development within multimodal transportation
4230districts based on the reduction of vehicle trips per household
4231or vehicle miles of travel expected from the development pattern
4232planned for the district.
4233     (16)  It is the intent of the Legislature to provide a
4234method by which the impacts of development on transportation
4235facilities can be mitigated by the cooperative efforts of the
4236public and private sectors. The methodology used to calculate
4237proportionate fair-share mitigation under this section shall be
4238as provided for in subsection (12).
4239     (a)  By December 1, 2006, each local government shall adopt
4240by ordinance a methodology for assessing proportionate fair-
4241share mitigation options. By December 1, 2005, the Department of
4242Transportation shall develop a model transportation concurrency
4243management ordinance with methodologies for assessing
4244proportionate fair-share mitigation options.
4245     (b)1.  In its transportation concurrency management system,
4246a local government shall, by December 1, 2006, include
4247methodologies that will be applied to calculate proportionate
4248fair-share mitigation. A developer may choose to satisfy all
4249transportation concurrency requirements by contributing or
4250paying proportionate fair-share mitigation if transportation
4251facilities or facility segments identified as mitigation for
4252traffic impacts are specifically identified for funding in the
42535-year schedule of capital improvements in the capital
4254improvements element of the local plan or the long-term
4255concurrency management system or if such contributions or
4256payments to such facilities or segments are reflected in the 5-
4257year schedule of capital improvements in the next regularly
4258scheduled update of the capital improvements element. Updates to
4259the 5-year capital improvements element which reflect
4260proportionate fair-share contributions may not be found not in
4261compliance based on ss. 163.3164(32) and 163.3177(3) if
4262additional contributions, payments or funding sources are
4263reasonably anticipated during a period not to exceed 10 years to
4264fully mitigate impacts on the transportation facilities.
4265     2.  Proportionate fair-share mitigation shall be applied as
4266a credit against impact fees to the extent that all or a portion
4267of the proportionate fair-share mitigation is used to address
4268the same capital infrastructure improvements contemplated by the
4269local government's impact fee ordinance.
4270     (c)  Proportionate fair-share mitigation includes, without
4271limitation, separately or collectively, private funds,
4272contributions of land, and construction and contribution of
4273facilities and may include public funds as determined by the
4274local government. Proportionate fair-share mitigation may be
4275directed toward one or more specific transportation improvements
4276reasonably related to the mobility demands created by the
4277development and such improvements may address one or more modes
4278of travel. The fair market value of the proportionate fair-share
4279mitigation shall not differ based on the form of mitigation. A
4280local government may not require a development to pay more than
4281its proportionate fair-share contribution regardless of the
4282method of mitigation. Proportionate fair-share mitigation shall
4283be limited to ensure that a development meeting the requirements
4284of this section mitigates its impact on the transportation
4285system but is not responsible for the additional cost of
4286reducing or eliminating backlogs.
4287     (d)  This subsection does not require a local government to
4288approve a development that is not otherwise qualified for
4289approval pursuant to the applicable local comprehensive plan and
4290land development regulations.
4291     (e)  Mitigation for development impacts to facilities on
4292the Strategic Intermodal System made pursuant to this subsection
4293requires the concurrence of the Department of Transportation.
4294     (f)  If the funds in an adopted 5-year capital improvements
4295element are insufficient to fully fund construction of a
4296transportation improvement required by the local government's
4297concurrency management system, a local government and a
4298developer may still enter into a binding proportionate-share
4299agreement authorizing the developer to construct that amount of
4300development on which the proportionate share is calculated if
4301the proportionate-share amount in such agreement is sufficient
4302to pay for one or more improvements which will, in the opinion
4303of the governmental entity or entities maintaining the
4304transportation facilities, significantly benefit the impacted
4305transportation system. The improvements funded by the
4306proportionate-share component must be adopted into the 5-year
4307capital improvements schedule of the comprehensive plan at the
4308next annual capital improvements element update. The funding of
4309any improvements that significantly benefit the impacted
4310transportation system satisfies concurrency requirements as a
4311mitigation of the development's impact upon the overall
4312transportation system even if there remains a failure of
4313concurrency on other impacted facilities.
4314     (g)  Except as provided in subparagraph (b)1., this section
4315may not prohibit the Department of Community Affairs from
4316finding other portions of the capital improvements element
4317amendments not in compliance as provided in this chapter.
4318     (h)  The provisions of this subsection do not apply to a
4319development of regional impact satisfying the requirements of
4320subsection (12).
4321     (i)  As used in this subsection, the term "backlog" means a
4322facility or facilities on which the adopted level-of-service
4323standard is exceeded by the existing trips, plus additional
4324projected background trips from any source other than the
4325development project under review that are forecast by
4326established traffic standards, including traffic modeling,
4327consistent with the University of Florida Bureau of Economic and
4328Business Research medium population projections. Additional
4329projected background trips are to be coincident with the
4330particular stage or phase of development under review.
4331     (17)  A local government and the developer of affordable
4332workforce housing units developed in accordance with s.
4333380.06(19) or s. 380.0651(3) may identify an employment center
4334or centers in close proximity to the affordable workforce
4335housing units. If at least 50 percent of the units are occupied
4336by an employee or employees of an identified employment center
4337or centers, all of the affordable workforce housing units are
4338exempt from transportation concurrency requirements, and the
4339local government may not reduce any transportation trip-
4340generation entitlements of an approved development-of-regional-
4341impact development order. As used in this subsection, the term
4342"close proximity" means 5 miles from the nearest point of the
4343development of regional impact to the nearest point of the
4344employment center, and the term "employment center" means a
4345place of employment that employs at least 25 or more full-time
4346employees.
4347     Section 15.  Section 163.3182, Florida Statutes, is amended
4348to read:
4349     163.3182  Transportation deficiencies concurrency
4350backlogs.-
4351     (1)  DEFINITIONS.-For purposes of this section, the term:
4352     (a)  "Transportation deficiency concurrency backlog area"
4353means the geographic area within the unincorporated portion of a
4354county or within the municipal boundary of a municipality
4355designated in a local government comprehensive plan for which a
4356transportation development concurrency backlog authority is
4357created pursuant to this section. A transportation deficiency
4358concurrency backlog area created within the corporate boundary
4359of a municipality shall be made pursuant to an interlocal
4360agreement between a county, a municipality or municipalities,
4361and any affected taxing authority or authorities.
4362     (b)  "Authority" or "transportation development concurrency
4363backlog authority" means the governing body of a county or
4364municipality within which an authority is created.
4365     (c)  "Governing body" means the council, commission, or
4366other legislative body charged with governing the county or
4367municipality within which an a transportation concurrency
4368backlog authority is created pursuant to this section.
4369     (d)  "Transportation deficiency concurrency backlog" means
4370an identified need deficiency where the existing and projected
4371extent of traffic volume exceeds the level of service standard
4372adopted in a local government comprehensive plan for a
4373transportation facility.
4374     (e)  "Transportation sufficiency concurrency backlog plan"
4375means the plan adopted as part of a local government
4376comprehensive plan by the governing body of a county or
4377municipality acting as a transportation development concurrency
4378backlog authority.
4379     (f)  "Transportation concurrency backlog project" means any
4380designated transportation project identified for construction
4381within the jurisdiction of a transportation development
4382concurrency backlog authority.
4383     (g)  "Debt service millage" means any millage levied
4384pursuant to s. 12, Art. VII of the State Constitution.
4385     (h)  "Increment revenue" means the amount calculated
4386pursuant to subsection (5).
4387     (i)  "Taxing authority" means a public body that levies or
4388is authorized to levy an ad valorem tax on real property located
4389within a transportation deficiency concurrency backlog area,
4390except a school district.
4391     (2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4392BACKLOG AUTHORITIES.-
4393     (a)  A county or municipality may create a transportation
4394development concurrency backlog authority if it has an
4395identified transportation deficiency concurrency backlog.
4396     (b)  Acting as the transportation development concurrency
4397backlog authority within the authority's jurisdictional
4398boundary, the governing body of a county or municipality shall
4399adopt and implement a plan to eliminate all identified
4400transportation deficiencies concurrency backlogs within the
4401authority's jurisdiction using funds provided pursuant to
4402subsection (5) and as otherwise provided pursuant to this
4403section.
4404     (c)  The Legislature finds and declares that there exist in
4405many counties and municipalities areas that have significant
4406transportation deficiencies and inadequate transportation
4407facilities; that many insufficiencies and inadequacies severely
4408limit or prohibit the satisfaction of transportation level of
4409service concurrency standards; that the transportation
4410insufficiencies and inadequacies affect the health, safety, and
4411welfare of the residents of these counties and municipalities;
4412that the transportation insufficiencies and inadequacies
4413adversely affect economic development and growth of the tax base
4414for the areas in which these insufficiencies and inadequacies
4415exist; and that the elimination of transportation deficiencies
4416and inadequacies and the satisfaction of transportation
4417concurrency standards are paramount public purposes for the
4418state and its counties and municipalities.
4419     (3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4420BACKLOG AUTHORITY.-Each transportation development concurrency
4421backlog authority created pursuant to this section has the
4422powers necessary or convenient to carry out the purposes of this
4423section, including the following powers in addition to others
4424granted in this section:
4425     (a)  To make and execute contracts and other instruments
4426necessary or convenient to the exercise of its powers under this
4427section.
4428     (b)  To undertake and carry out transportation concurrency
4429backlog projects for transportation facilities designed to
4430relieve transportation deficiencies that have a concurrency
4431backlog within the authority's jurisdiction. Transportation
4432Concurrency backlog projects may include transportation
4433facilities that provide for alternative modes of travel
4434including sidewalks, bikeways, and mass transit which are
4435related to a deficient backlogged transportation facility.
4436     (c)  To invest any transportation concurrency backlog funds
4437held in reserve, sinking funds, or any such funds not required
4438for immediate disbursement in property or securities in which
4439savings banks may legally invest funds subject to the control of
4440the authority and to redeem such bonds as have been issued
4441pursuant to this section at the redemption price established
4442therein, or to purchase such bonds at less than redemption
4443price. All such bonds redeemed or purchased shall be canceled.
4444     (d)  To borrow money, including, but not limited to,
4445issuing debt obligations such as, but not limited to, bonds,
4446notes, certificates, and similar debt instruments; to apply for
4447and accept advances, loans, grants, contributions, and any other
4448forms of financial assistance from the Federal Government or the
4449state, county, or any other public body or from any sources,
4450public or private, for the purposes of this part; to give such
4451security as may be required; to enter into and carry out
4452contracts or agreements; and to include in any contracts for
4453financial assistance with the Federal Government for or with
4454respect to a transportation concurrency backlog project and
4455related activities such conditions imposed under federal laws as
4456the transportation development concurrency backlog authority
4457considers reasonable and appropriate and which are not
4458inconsistent with the purposes of this section.
4459     (e)  To make or have made all surveys and plans necessary
4460to the carrying out of the purposes of this section; to contract
4461with any persons, public or private, in making and carrying out
4462such plans; and to adopt, approve, modify, or amend such
4463transportation sufficiency concurrency backlog plans.
4464     (f)  To appropriate such funds and make such expenditures
4465as are necessary to carry out the purposes of this section, and
4466to enter into agreements with other public bodies, which
4467agreements may extend over any period notwithstanding any
4468provision or rule of law to the contrary.
4469     (4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4470     (a)  Each transportation development concurrency backlog
4471authority shall adopt a transportation sufficiency concurrency
4472backlog plan as a part of the local government comprehensive
4473plan within 6 months after the creation of the authority. The
4474plan must:
4475     (a)1.  Identify all transportation facilities that have
4476been designated as deficient and require the expenditure of
4477moneys to upgrade, modify, or mitigate the deficiency.
4478     (b)2.  Include a priority listing of all transportation
4479facilities that have been designated as deficient and do not
4480satisfy concurrency requirements pursuant to s. 163.3180, and
4481the applicable local government comprehensive plan.
4482     (c)3.  Establish a schedule for financing and construction
4483of transportation concurrency backlog projects that will
4484eliminate transportation deficiencies concurrency backlogs
4485within the jurisdiction of the authority within 10 years after
4486the transportation sufficiency concurrency backlog plan
4487adoption. The schedule shall be adopted as part of the local
4488government comprehensive plan.
4489     (b)  The adoption of the transportation concurrency backlog
4490plan shall be exempt from the provisions of s. 163.3187(1).
4491
4492Notwithstanding such schedule requirements, as long as the
4493schedule provides for the elimination of all transportation
4494deficiencies concurrency backlogs within 10 years after the
4495adoption of the transportation sufficiency concurrency backlog
4496plan, the final maturity date of any debt incurred to finance or
4497refinance the related projects may be no later than 40 years
4498after the date the debt is incurred and the authority may
4499continue operations and administer the trust fund established as
4500provided in subsection (5) for as long as the debt remains
4501outstanding.
4502     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4503development concurrency backlog authority shall establish a
4504local transportation concurrency backlog trust fund upon
4505creation of the authority. Each local trust fund shall be
4506administered by the transportation development concurrency
4507backlog authority within which a transportation deficiencies
4508have concurrency backlog has been identified. Each local trust
4509fund must continue to be funded under this section for as long
4510as the projects set forth in the related transportation
4511sufficiency concurrency backlog plan remain to be completed or
4512until any debt incurred to finance or refinance the related
4513projects is no longer outstanding, whichever occurs later.
4514Beginning in the first fiscal year after the creation of the
4515authority, each local trust fund shall be funded by the proceeds
4516of an ad valorem tax increment collected within each
4517transportation deficiency concurrency backlog area to be
4518determined annually and shall be a minimum of 25 percent of the
4519difference between the amounts set forth in paragraphs (a) and
4520(b), except that if all of the affected taxing authorities agree
4521under an interlocal agreement, a particular local trust fund may
4522be funded by the proceeds of an ad valorem tax increment greater
4523than 25 percent of the difference between the amounts set forth
4524in paragraphs (a) and (b):
4525     (a)  The amount of ad valorem tax levied each year by each
4526taxing authority, exclusive of any amount from any debt service
4527millage, on taxable real property contained within the
4528jurisdiction of the transportation development concurrency
4529backlog authority and within the transportation deficiency
4530backlog area; and
4531     (b)  The amount of ad valorem taxes which would have been
4532produced by the rate upon which the tax is levied each year by
4533or for each taxing authority, exclusive of any debt service
4534millage, upon the total of the assessed value of the taxable
4535real property within the transportation deficiency concurrency
4536backlog area as shown on the most recent assessment roll used in
4537connection with the taxation of such property of each taxing
4538authority prior to the effective date of the ordinance funding
4539the trust fund.
4540     (6)  EXEMPTIONS.-
4541     (a)  The following public bodies or taxing authorities are
4542exempt from the provisions of this section:
4543     1.  A special district that levies ad valorem taxes on
4544taxable real property in more than one county.
4545     2.  A special district for which the sole available source
4546of revenue is the authority to levy ad valorem taxes at the time
4547an ordinance is adopted under this section. However, revenues or
4548aid that may be dispensed or appropriated to a district as
4549defined in s. 388.011 at the discretion of an entity other than
4550such district shall not be deemed available.
4551     3.  A library district.
4552     4.  A neighborhood improvement district created under the
4553Safe Neighborhoods Act.
4554     5.  A metropolitan transportation authority.
4555     6.  A water management district created under s. 373.069.
4556     7.  A community redevelopment agency.
4557     (b)  A transportation development concurrency exemption
4558authority may also exempt from this section a special district
4559that levies ad valorem taxes within the transportation
4560deficiency concurrency backlog area pursuant to s.
4561163.387(2)(d).
4562     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4563of a transportation sufficiency concurrency backlog plan as a
4564part of the local government comprehensive plan, and the plan
4565going into effect, the area subject to the plan shall be deemed
4566to have achieved and maintained transportation level-of-service
4567standards, and to have met requirements for financial
4568feasibility for transportation facilities, and for the purpose
4569of proposed development transportation concurrency has been
4570satisfied. Proportionate fair-share mitigation shall be limited
4571to ensure that a development inside a transportation deficiency
4572concurrency backlog area is not responsible for the additional
4573costs of eliminating deficiencies backlogs.
4574     (8)  DISSOLUTION.-Upon completion of all transportation
4575concurrency backlog projects identified in the transportation
4576sufficiency plan and repayment or defeasance of all debt issued
4577to finance or refinance such projects, a transportation
4578development concurrency backlog authority shall be dissolved,
4579and its assets and liabilities transferred to the county or
4580municipality within which the authority is located. All
4581remaining assets of the authority must be used for
4582implementation of transportation projects within the
4583jurisdiction of the authority. The local government
4584comprehensive plan shall be amended to remove the transportation
4585concurrency backlog plan.
4586     Section 16.  Section 163.3184, Florida Statutes, is amended
4587to read:
4588     163.3184  Process for adoption of comprehensive plan or
4589plan amendment.-
4590     (1)  DEFINITIONS.-As used in this section, the term:
4591     (a)  "Affected person" includes the affected local
4592government; persons owning property, residing, or owning or
4593operating a business within the boundaries of the local
4594government whose plan is the subject of the review; owners of
4595real property abutting real property that is the subject of a
4596proposed change to a future land use map; and adjoining local
4597governments that can demonstrate that the plan or plan amendment
4598will produce substantial impacts on the increased need for
4599publicly funded infrastructure or substantial impacts on areas
4600designated for protection or special treatment within their
4601jurisdiction. Each person, other than an adjoining local
4602government, in order to qualify under this definition, shall
4603also have submitted oral or written comments, recommendations,
4604or objections to the local government during the period of time
4605beginning with the transmittal hearing for the plan or plan
4606amendment and ending with the adoption of the plan or plan
4607amendment.
4608     (b)  "In compliance" means consistent with the requirements
4609of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4610163.3248 with the state comprehensive plan, with the appropriate
4611strategic regional policy plan, and with chapter 9J-5, Florida
4612Administrative Code, where such rule is not inconsistent with
4613this part and with the principles for guiding development in
4614designated areas of critical state concern and with part III of
4615chapter 369, where applicable.
4616     (c)  "Reviewing agencies" means:
4617     1.  The state land planning agency;
4618     2.  The appropriate regional planning council;
4619     3.  The appropriate water management district;
4620     4.  The Department of Environmental Protection;
4621     5.  The Department of State;
4622     6.  The Department of Transportation;
4623     7.  In the case of plan amendments relating to public
4624schools, the Department of Education;
4625     8.  In the case of plans or plan amendments that affect a
4626military installation listed in s. 163.3175, the commanding
4627officer of the affected military installation;  
4628     9.  In the case of county plans and plan amendments, the
4629Fish and Wildlife Conservation Commission and the Department of
4630Agriculture and Consumer Services; and
4631     10.  In the case of municipal plans and plan amendments,
4632the county in which the municipality is located.
4633     (2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4634     (a)  Plan amendments adopted by local governments shall
4635follow the expedited state review process in subsection (3),
4636except as set forth in paragraphs (b) and (c).
4637     (b)  Plan amendments that qualify as small-scale
4638development amendments may follow the small-scale review process
4639in s. 163.3187.
4640     (c)  Plan amendments that are in an area of critical state
4641concern designated pursuant to s. 380.05; propose a rural land
4642stewardship area pursuant to s. 163.3248; propose a sector plan
4643pursuant to s. 163.3245; update a comprehensive plan based on an
4644evaluation and appraisal pursuant to s. 163.3191; or are new
4645plans for newly incorporated municipalities adopted pursuant to
4646s. 163.3167 shall follow the state coordinated review process in
4647subsection (4).
4648     (3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4649COMPREHENSIVE PLAN AMENDMENTS.-
4650     (a)  The process for amending a comprehensive plan
4651described in this subsection shall apply to all amendments
4652except as provided in paragraphs (2)(b) and (c) and shall be
4653applicable statewide.
4654     (b)1.  The local government, after the initial public
4655hearing held pursuant to subsection (11), shall immediately
4656transmit the amendment or amendments and appropriate supporting
4657data and analyses to the reviewing agencies. The local governing
4658body shall also transmit a copy of the amendments and supporting
4659data and analyses to any other local government or governmental
4660agency that has filed a written request with the governing body.
4661     2.  The reviewing agencies and any other local government
4662or governmental agency specified in subparagraph 1. may provide
4663comments regarding the amendment or amendments to the local
4664government. State agencies shall only comment on important state
4665resources and facilities that will be adversely impacted by the
4666amendment if adopted. Comments provided by state agencies shall
4667state with specificity how the plan amendment will adversely
4668impact an important state resource or facility and shall
4669identify measures the local government may take to eliminate,
4670reduce, or mitigate the adverse impacts. Such comments, if not
4671resolved, may result in a challenge by the state land planning
4672agency to the plan amendment. Agencies and local governments
4673must transmit their comments to the affected local government
4674such that they are received by the local government not later
4675than 30 days from the date on which the agency or government
4676received the amendment or amendments. Reviewing agencies shall
4677also send a copy of their comments to the state land planning
4678agency.
4679     3.  Comments to the local government from a regional
4680planning council, county, or municipality shall be limited as
4681follows:
4682     a.  The regional planning council review and comments shall
4683be limited to adverse effects on regional resources or
4684facilities identified in the strategic regional policy plan and
4685extrajurisdictional impacts that would be inconsistent with the
4686comprehensive plan of any affected local government within the
4687region. A regional planning council shall not review and comment
4688on a proposed comprehensive plan amendment prepared by such
4689council unless the plan amendment has been changed by the local
4690government subsequent to the preparation of the plan amendment
4691by the regional planning council.
4692     b.  County comments shall be in the context of the
4693relationship and effect of the proposed plan amendments on the
4694county plan.
4695     c.  Municipal comments shall be in the context of the
4696relationship and effect of the proposed plan amendments on the
4697municipal plan.
4698     d. Military installation comments shall be provided in
4699accordance with s. 163.3175.
4700     4.  Comments to the local government from state agencies
4701shall be limited to the following subjects as they relate to
4702important state resources and facilities that will be adversely
4703impacted by the amendment if adopted:
4704     a.  The Department of Environmental Protection shall limit
4705its comments to the subjects of air and water pollution, solid
4706waste, sewage, drinking water, state parks, greenways and
4707trails, state-owned lands, and wetlands.
4708     b.  The Department of State shall limit its comments to the
4709subjects of historic and archeological resources.
4710     c.  The Department of Transportation shall limit its
4711comments to the subject of the strategic intermodal system.
4712     d.  The Fish and Wildlife Conservation Commission shall
4713limit its comments to subjects relating to fish and wildlife
4714habitat and listed species and their habitat.
4715     e.  The Department of Agriculture and Consumer Services
4716shall limit its comments to the subjects of agriculture,
4717forestry, and aquaculture issues.
4718     f.  The Department of Education shall limit its comments to
4719the subject of public school facilities.
4720     g.  The appropriate water management district shall limit
4721its comments to the subjects of wellfields, the regional water
4722supply plan, and wetlands where the Department of Environmental
4723Protection has delegated such authority.
4724     h.  The state land planning agency shall limit its comments
4725to important state resources and facilities outside the
4726jurisdiction of other commenting state agencies and may include
4727comments on countervailing planning policies and objectives
4728served by the plan amendment that should be balanced against
4729potential adverse impacts to important state resources and
4730facilities.
4731     (c)1.  The local government shall hold its second public
4732hearing, which shall be a hearing on whether to adopt one or
4733more comprehensive plan amendments pursuant to subsection (11).
4734If the local government fails, within 180 days after receipt of
4735agency comments, to hold the second public hearing, the
4736amendments shall be deemed withdrawn.
4737     2.  All comprehensive plan amendments adopted by the
4738governing body, along with the supporting data and analysis,
4739shall be transmitted within 10 days after the second public
4740hearing to the state land planning agency and any other agency
4741or local government that provided timely comments under
4742subsection (3)(b)2.
4743     3.  The state land planning agency shall notify the local
4744government of any deficiencies within 5 working days of receipt
4745of an amendment package. For purposes of completeness, an
4746amendment shall be deemed complete if it contains a full,
4747executed copy of the adoption ordinance or ordinances; in the
4748case of a text amendment, a full copy of the amended language in
4749legislative format with new words inserted in the text
4750underlined, and words deleted stricken with hyphens; in the case
4751of a future land use map amendment, a copy of the future land
4752use map clearly depicting the parcel, its existing future land
4753use designation, and its adopted designation; and a copy of any
4754data and analyses the local government deems appropriate.
4755     4.  An amendment adopted under the provisions of this
4756paragraph shall not become effective until 31 days after the
4757state land planning agency notifies the local government that
4758the plan amendment package is complete. If timely challenged, an
4759amendment shall not become effective until the state land
4760planning agency or the Administration Commission enters a final
4761order determining the adopted amendment to be in compliance.
4762     (4)  STATE COORDINATED REVIEW PROCESS.-
4763     (a)(2)  Coordination.-The state land planning agency shall
4764only use the state coordinated review process described in this
4765subsection for review of comprehensive plans and plan amendments
4766described in paragraph (2)(c). Each comprehensive plan or plan
4767amendment proposed to be adopted pursuant to this subsection
4768part shall be transmitted, adopted, and reviewed in the manner
4769prescribed in this subsection section. The state land planning
4770agency shall have responsibility for plan review, coordination,
4771and the preparation and transmission of comments, pursuant to
4772this subsection section, to the local governing body responsible
4773for the comprehensive plan or plan amendment. The state land
4774planning agency shall maintain a single file concerning any
4775proposed or adopted plan amendment submitted by a local
4776government for any review under this section. Copies of all
4777correspondence, papers, notes, memoranda, and other documents
4778received or generated by the state land planning agency must be
4779placed in the appropriate file. Paper copies of all electronic
4780mail correspondence must be placed in the file. The file and its
4781contents must be available for public inspection and copying as
4782provided in chapter 119.
4783     (b)(3)  Local government transmittal of proposed plan or
4784amendment.-
4785     (a)  Each local governing body proposing a plan or plan
4786amendment specified in paragraph (2)(c) shall transmit the
4787complete proposed comprehensive plan or plan amendment to the
4788reviewing agencies state land planning agency, the appropriate
4789regional planning council and water management district, the
4790Department of Environmental Protection, the Department of State,
4791and the Department of Transportation, and, in the case of
4792municipal plans, to the appropriate county, and, in the case of
4793county plans, to the Fish and Wildlife Conservation Commission
4794and the Department of Agriculture and Consumer Services,
4795immediately following the first a public hearing pursuant to
4796subsection (11). The transmitted document shall clearly indicate
4797on the cover sheet that this plan amendment is subject to the
4798state coordinated review process of s. 163.3184(4)(15) as
4799specified in the state land planning agency's procedural rules.
4800The local governing body shall also transmit a copy of the
4801complete proposed comprehensive plan or plan amendment to any
4802other unit of local government or government agency in the state
4803that has filed a written request with the governing body for the
4804plan or plan amendment. The local government may request a
4805review by the state land planning agency pursuant to subsection
4806(6) at the time of the transmittal of an amendment.
4807     (b)  A local governing body shall not transmit portions of
4808a plan or plan amendment unless it has previously provided to
4809all state agencies designated by the state land planning agency
4810a complete copy of its adopted comprehensive plan pursuant to
4811subsection (7) and as specified in the agency's procedural
4812rules. In the case of comprehensive plan amendments, the local
4813governing body shall transmit to the state land planning agency,
4814the appropriate regional planning council and water management
4815district, the Department of Environmental Protection, the
4816Department of State, and the Department of Transportation, and,
4817in the case of municipal plans, to the appropriate county and,
4818in the case of county plans, to the Fish and Wildlife
4819Conservation Commission and the Department of Agriculture and
4820Consumer Services the materials specified in the state land
4821planning agency's procedural rules and, in cases in which the
4822plan amendment is a result of an evaluation and appraisal report
4823adopted pursuant to s. 163.3191, a copy of the evaluation and
4824appraisal report. Local governing bodies shall consolidate all
4825proposed plan amendments into a single submission for each of
4826the two plan amendment adoption dates during the calendar year
4827pursuant to s. 163.3187.
4828     (c)  A local government may adopt a proposed plan amendment
4829previously transmitted pursuant to this subsection, unless
4830review is requested or otherwise initiated pursuant to
4831subsection (6).
4832     (d)  In cases in which a local government transmits
4833multiple individual amendments that can be clearly and legally
4834separated and distinguished for the purpose of determining
4835whether to review the proposed amendment, and the state land
4836planning agency elects to review several or a portion of the
4837amendments and the local government chooses to immediately adopt
4838the remaining amendments not reviewed, the amendments
4839immediately adopted and any reviewed amendments that the local
4840government subsequently adopts together constitute one amendment
4841cycle in accordance with s. 163.3187(1).
4842     (e)  At the request of an applicant, a local government
4843shall consider an application for zoning changes that would be
4844required to properly enact the provisions of any proposed plan
4845amendment transmitted pursuant to this subsection. Zoning
4846changes approved by the local government are contingent upon the
4847comprehensive plan or plan amendment transmitted becoming
4848effective.
4849     (c)(4)  Reviewing agency comments INTERGOVERNMENTAL
4850REVIEW.-The governmental agencies specified in subparagraph
4851(4)(b) may paragraph (3)(a) shall provide comments regarding the
4852plan or plan amendments in accordance with subparagraph
4853(3)(b)2.-4. However, comments on plans or plan amendments
4854required to be reviewed under the state coordinated review
4855process shall be sent to the state land planning agency within
485630 days after receipt by the state land planning agency of the
4857complete proposed plan or plan amendment from the local
4858government. If the state land planning agency comments on a plan
4859or plan amendment adopted under the state coordinated review
4860process, it shall provide comments according to paragraph (d).
4861Any other unit of local government or government agency
4862specified in subparagraph (4)(b) may provide comments to the
4863state land planning agency in accordance with subparagraphs
4864(3)(b)2.-4. within 30 days after receipt by the state land
4865planning agency of the complete proposed plan or plan amendment.
4866If the plan or plan amendment includes or relates to the public
4867school facilities element pursuant to s. 163.3177(12), the state
4868land planning agency shall submit a copy to the Office of
4869Educational Facilities of the Commissioner of Education for
4870review and comment. The appropriate regional planning council
4871shall also provide its written comments to the state land
4872planning agency within 30 days after receipt by the state land
4873planning agency of the complete proposed plan amendment and
4874shall specify any objections, recommendations for modifications,
4875and comments of any other regional agencies to which the
4876regional planning council may have referred the proposed plan
4877amendment. Written comments submitted by the public shall be
4878sent directly to the local government within 30 days after
4879notice of transmittal by the local government of the proposed
4880plan amendment will be considered as if submitted by
4881governmental agencies. All written agency and public comments
4882must be made part of the file maintained under subsection (2).
4883     (5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
4884the regional planning council pursuant to subsection (4) shall
4885be limited to effects on regional resources or facilities
4886identified in the strategic regional policy plan and
4887extrajurisdictional impacts which would be inconsistent with the
4888comprehensive plan of the affected local government. However,
4889any inconsistency between a local plan or plan amendment and a
4890strategic regional policy plan must not be the sole basis for a
4891notice of intent to find a local plan or plan amendment not in
4892compliance with this act. A regional planning council shall not
4893review and comment on a proposed comprehensive plan it prepared
4894itself unless the plan has been changed by the local government
4895subsequent to the preparation of the plan by the regional
4896planning agency. The review of the county land planning agency
4897pursuant to subsection (4) shall be primarily in the context of
4898the relationship and effect of the proposed plan amendment on
4899any county comprehensive plan element. Any review by
4900municipalities will be primarily in the context of the
4901relationship and effect on the municipal plan.
4902     (d)(6)  State land planning agency review.-
4903     (a)  The state land planning agency shall review a proposed
4904plan amendment upon request of a regional planning council,
4905affected person, or local government transmitting the plan
4906amendment. The request from the regional planning council or
4907affected person must be received within 30 days after
4908transmittal of the proposed plan amendment pursuant to
4909subsection (3). A regional planning council or affected person
4910requesting a review shall do so by submitting a written request
4911to the agency with a notice of the request to the local
4912government and any other person who has requested notice.
4913     (b)  The state land planning agency may review any proposed
4914plan amendment regardless of whether a request for review has
4915been made, if the agency gives notice to the local government,
4916and any other person who has requested notice, of its intention
4917to conduct such a review within 35 days after receipt of the
4918complete proposed plan amendment.
4919     1.(c)  The state land planning agency shall establish by
4920rule a schedule for receipt of comments from the various
4921government agencies, as well as written public comments,
4922pursuant to subsection (4). If the state land planning agency
4923elects to review a plan or plan the amendment or the agency is
4924required to review the amendment as specified in paragraph
4925(2)(c)(a), the agency shall issue a report giving its
4926objections, recommendations, and comments regarding the proposed
4927plan or plan amendment within 60 days after receipt of the
4928complete proposed plan or plan amendment by the state land
4929planning agency. Notwithstanding the limitation on comments in
4930sub-subparagraph (3)(b)4.g., the state land planning agency may
4931make objections, recommendations, and comments in its report
4932regarding whether the plan or plan amendment is in compliance
4933and whether the plan or plan amendment will adversely impact
4934important state resources and facilities. In making objections
4935as to whether a plan or plan amendment is in compliance, the
4936state land planning agency shall consider the plan or plan
4937amendment as a whole and whether the intent of this part is
4938furthered by the plan or plan amendment. In making objections
4939regarding an important state resource or facility that will be
4940adversely impacted by the adopted plan or plan amendment, the
4941state land planning agency shall only make an objection if on
4942the whole the plan or plan amendment's adverse impacts to the
4943important state resource or facility outweigh the plan or plan
4944amendment's benefits to the affected local community or the
4945amendment's furtherance of the intent of this part. Any
4946objection regarding an important state resource or facility that
4947will be adversely impacted by the adopted plan or plan amendment
4948shall also state with specificity how the plan or plan amendment
4949will adversely impact the important state resource or facility
4950and shall identify measures the local government may take to
4951eliminate, reduce, or mitigate the adverse impacts. When a
4952federal, state, or regional agency has implemented a permitting
4953program, the state land planning agency shall not require a
4954local government is not required to duplicate or exceed that
4955permitting program in its comprehensive plan or to implement
4956such a permitting program in its land development regulations.
4957Nothing contained herein shall prohibit the state land planning
4958agency in conducting its review of local plans or plan
4959amendments from making objections, recommendations, and comments
4960or making compliance determinations regarding densities and
4961intensities consistent with the provisions of this part. In
4962preparing its comments, the state land planning agency shall
4963only base its considerations on written, and not oral, comments,
4964from any source.
4965     2.(d)  The state land planning agency review shall identify
4966all written communications with the agency regarding the
4967proposed plan amendment. If the state land planning agency does
4968not issue such a review, it shall identify in writing to the
4969local government all written communications received 30 days
4970after transmittal. The written identification must include a
4971list of all documents received or generated by the agency, which
4972list must be of sufficient specificity to enable the documents
4973to be identified and copies requested, if desired, and the name
4974of the person to be contacted to request copies of any
4975identified document. The list of documents must be made a part
4976of the public records of the state land planning agency.
4977     (e)(7)  Local government review of comments; adoption of
4978plan or amendments and transmittal.-
4979     (a)  The local government shall review the report written
4980comments submitted to it by the state land planning agency, if
4981any, and written comments submitted to it by any other person,
4982agency, or government. Any comments, recommendations, or
4983objections and any reply to them shall be public documents, a
4984part of the permanent record in the matter, and admissible in
4985any proceeding in which the comprehensive plan or plan amendment
4986may be at issue. The local government, upon receipt of the
4987report written comments from the state land planning agency,
4988shall follow the process in paragraph (3)(c) for the adoption of
4989its plan or plan amendment. shall have 120 days to adopt or
4990adopt with changes the proposed comprehensive plan or s.
4991163.3191 plan amendments. In the case of comprehensive plan
4992amendments other than those proposed pursuant to s. 163.3191,
4993the local government shall have 60 days to adopt the amendment,
4994adopt the amendment with changes, or determine that it will not
4995adopt the amendment. The adoption of the proposed plan or plan
4996amendment or the determination not to adopt a plan amendment,
4997other than a plan amendment proposed pursuant to s. 163.3191,
4998shall be made in the course of a public hearing pursuant to
4999subsection (15). The local government shall transmit the
5000complete adopted comprehensive plan or plan amendment, including
5001the names and addresses of persons compiled pursuant to
5002paragraph (15)(c), to the state land planning agency as
5003specified in the agency's procedural rules within 10 working
5004days after adoption. The local governing body shall also
5005transmit a copy of the adopted comprehensive plan or plan
5006amendment to the regional planning agency and to any other unit
5007of local government or governmental agency in the state that has
5008filed a written request with the governing body for a copy of
5009the plan or plan amendment.
5010     (b)  If the adopted plan amendment is unchanged from the
5011proposed plan amendment transmitted pursuant to subsection (3)
5012and an affected person as defined in paragraph (1)(a) did not
5013raise any objection, the state land planning agency did not
5014review the proposed plan amendment, and the state land planning
5015agency did not raise any objections during its review pursuant
5016to subsection (6), the local government may state in the
5017transmittal letter that the plan amendment is unchanged and was
5018not the subject of objections.
5019     (8)  NOTICE OF INTENT.-
5020     (a)  If the transmittal letter correctly states that the
5021plan amendment is unchanged and was not the subject of review or
5022objections pursuant to paragraph (7)(b), the state land planning
5023agency has 20 days after receipt of the transmittal letter
5024within which to issue a notice of intent that the plan amendment
5025is in compliance.
5026     (b)  Except as provided in paragraph (a) or in s.
5027163.3187(3), the state land planning agency, upon receipt of a
5028local government's complete adopted comprehensive plan or plan
5029amendment, shall have 45 days for review and to determine if the
5030plan or plan amendment is in compliance with this act, unless
5031the amendment is the result of a compliance agreement entered
5032into under subsection (16), in which case the time period for
5033review and determination shall be 30 days. If review was not
5034conducted under subsection (6), the agency's determination must
5035be based upon the plan amendment as adopted. If review was
5036conducted under subsection (6), the agency's determination of
5037compliance must be based only upon one or both of the following:
5038     1.  The state land planning agency's written comments to
5039the local government pursuant to subsection (6); or
5040     2.  Any changes made by the local government to the
5041comprehensive plan or plan amendment as adopted.
5042     (c)1.  During the time period provided for in this
5043subsection, the state land planning agency shall issue, through
5044a senior administrator or the secretary, as specified in the
5045agency's procedural rules, a notice of intent to find that the
5046plan or plan amendment is in compliance or not in compliance. A
5047notice of intent shall be issued by publication in the manner
5048provided by this paragraph and by mailing a copy to the local
5049government. The advertisement shall be placed in that portion of
5050the newspaper where legal notices appear. The advertisement
5051shall be published in a newspaper that meets the size and
5052circulation requirements set forth in paragraph (15)(e) and that
5053has been designated in writing by the affected local government
5054at the time of transmittal of the amendment. Publication by the
5055state land planning agency of a notice of intent in the
5056newspaper designated by the local government shall be prima
5057facie evidence of compliance with the publication requirements
5058of this section. The state land planning agency shall post a
5059copy of the notice of intent on the agency's Internet site. The
5060agency shall, no later than the date the notice of intent is
5061transmitted to the newspaper, send by regular mail a courtesy
5062informational statement to persons who provide their names and
5063addresses to the local government at the transmittal hearing or
5064at the adoption hearing where the local government has provided
5065the names and addresses of such persons to the department at the
5066time of transmittal of the adopted amendment. The informational
5067statements shall include the name of the newspaper in which the
5068notice of intent will appear, the approximate date of
5069publication, the ordinance number of the plan or plan amendment,
5070and a statement that affected persons have 21 days after the
5071actual date of publication of the notice to file a petition.
5072     2.  A local government that has an Internet site shall post
5073a copy of the state land planning agency's notice of intent on
5074the site within 5 days after receipt of the mailed copy of the
5075agency's notice of intent.
5076     (9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5077     (a)  If the state land planning agency issues a notice of
5078intent to find that the comprehensive plan or plan amendment
5079transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5080or s. 163.3191 is in compliance with this act, any affected
5081person may file a petition with the agency pursuant to ss.
5082120.569 and 120.57 within 21 days after the publication of
5083notice. In this proceeding, the local plan or plan amendment
5084shall be determined to be in compliance if the local
5085government's determination of compliance is fairly debatable.
5086     (b)  The hearing shall be conducted by an administrative
5087law judge of the Division of Administrative Hearings of the
5088Department of Management Services, who shall hold the hearing in
5089the county of and convenient to the affected local jurisdiction
5090and submit a recommended order to the state land planning
5091agency. The state land planning agency shall allow for the
5092filing of exceptions to the recommended order and shall issue a
5093final order after receipt of the recommended order if the state
5094land planning agency determines that the plan or plan amendment
5095is in compliance. If the state land planning agency determines
5096that the plan or plan amendment is not in compliance, the agency
5097shall submit the recommended order to the Administration
5098Commission for final agency action.
5099     (10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5100COMPLIANCE.-
5101     (a)  If the state land planning agency issues a notice of
5102intent to find the comprehensive plan or plan amendment not in
5103compliance with this act, the notice of intent shall be
5104forwarded to the Division of Administrative Hearings of the
5105Department of Management Services, which shall conduct a
5106proceeding under ss. 120.569 and 120.57 in the county of and
5107convenient to the affected local jurisdiction. The parties to
5108the proceeding shall be the state land planning agency, the
5109affected local government, and any affected person who
5110intervenes. No new issue may be alleged as a reason to find a
5111plan or plan amendment not in compliance in an administrative
5112pleading filed more than 21 days after publication of notice
5113unless the party seeking that issue establishes good cause for
5114not alleging the issue within that time period. Good cause shall
5115not include excusable neglect. In the proceeding, the local
5116government's determination that the comprehensive plan or plan
5117amendment is in compliance is presumed to be correct. The local
5118government's determination shall be sustained unless it is shown
5119by a preponderance of the evidence that the comprehensive plan
5120or plan amendment is not in compliance. The local government's
5121determination that elements of its plans are related to and
5122consistent with each other shall be sustained if the
5123determination is fairly debatable.
5124     (b)  The administrative law judge assigned by the division
5125shall submit a recommended order to the Administration
5126Commission for final agency action.
5127     (c)  Prior to the hearing, the state land planning agency
5128shall afford an opportunity to mediate or otherwise resolve the
5129dispute. If a party to the proceeding requests mediation or
5130other alternative dispute resolution, the hearing may not be
5131held until the state land planning agency advises the
5132administrative law judge in writing of the results of the
5133mediation or other alternative dispute resolution. However, the
5134hearing may not be delayed for longer than 90 days for mediation
5135or other alternative dispute resolution unless a longer delay is
5136agreed to by the parties to the proceeding. The costs of the
5137mediation or other alternative dispute resolution shall be borne
5138equally by all of the parties to the proceeding.
5139     (5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5140AMENDMENTS.-
5141     (a)  Any affected person as defined in paragraph (1)(a) may
5142file a petition with the Division of Administrative Hearings
5143pursuant to ss. 120.569 and 120.57, with a copy served on the
5144affected local government, to request a formal hearing to
5145challenge whether the plan or plan amendments are in compliance
5146as defined in paragraph (1)(b). This petition must be filed with
5147the division within 30 days after the local government adopts
5148the amendment. The state land planning agency may not intervene
5149in a proceeding initiated by an affected person.
5150     (b)  The state land planning agency may file a petition
5151with the Division of Administrative Hearings pursuant to ss.
5152120.569 and 120.57, with a copy served on the affected local
5153government, to request a formal hearing to challenge whether the
5154plan or plan amendment is in compliance as defined in paragraph
5155(1)(b). The state land planning agency's petition must clearly
5156state the reasons for the challenge. This petition must be filed
5157with the division within 30 days after the state land planning
5158agency notifies the local government that the plan amendment
5159package is complete according to subparagraph (3)(c)3.
5160     1.  The state land planning agency's challenge to plan
5161amendments adopted under the expedited state review process
5162shall be limited to the comments provided by the reviewing
5163agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5164determination by the state land planning agency that an
5165important state resource or facility will be adversely impacted
5166by the adopted plan amendment. The state land planning agency's
5167petition shall state with specificity how the plan amendment
5168will adversely impact the important state resource or facility.
5169The state land planning agency shall only make such a
5170determination if on the whole the amendment's adverse impacts to
5171the important state resource or facility outweigh the
5172amendment's benefits to the affected local community or the
5173amendment's furtherance of the intent of this part. The state
5174land planning agency may challenge a plan amendment that has
5175substantially changed from the version on which the agencies
5176provided comments but only upon a determination by the state
5177land planning agency that an important state resource or
5178facility will be adversely impacted.
5179     2.  The state land planning agency's challenge to plans and
5180plan amendments pursuant to paragraph (2)(c) adopted under the
5181state coordinated review process, unless the plan or plan
5182amendment is substantially changed from the one commented on, is
5183limited to objections raised in the objections, recommendations,
5184and comments report. Any state land planning agency challenge to
5185a plan amendment that updates a comprehensive plan based on an
5186evaluation and appraisal pursuant to s. 163.3191, unless the
5187amendment has substantially changed from the one commented on,
5188is limited to objections raised in the objections,
5189recommendations, and comments report where the state land
5190planning agency has made a determination that the plan amendment
5191will adversely impact an important state resource or facility.
5192     (c)  An administrative law judge shall hold a hearing in
5193the affected local jurisdiction on whether the plan or plan
5194amendment is in compliance.
5195     1.  In challenges filed by an affected person, the
5196comprehensive plan or plan amendment shall be determined to be
5197in compliance if the local government's determination of
5198compliance is fairly debatable.
5199     2.a.  In challenges filed by the state land planning
5200agency, the local government's determination that the
5201comprehensive plan or plan amendment is in compliance is
5202presumed to be correct, and the local government's determination
5203shall be sustained unless it is shown by a preponderance of the
5204evidence that the comprehensive plan or plan amendment is not in
5205compliance.
5206     b.  In challenges filed by the state land planning agency,
5207the local government's determination that elements of its plan
5208are related to and consistent with each other shall be sustained
5209if the determination is fairly debatable.
5210     3.  In challenges filed by the state land planning agency
5211that require a determination by the agency that an important
5212state resource or facility will be adversely impacted by the
5213adopted plan or plan amendment, the local government may contest
5214the agency's determination that the amendment would adversely
5215impact an important state resource or facility. The state land
5216planning agency shall prove its determination by clear and
5217convincing evidence.
5218     (d)  If the administrative law judge recommends that the
5219amendment be found not in compliance, the judge shall submit the
5220recommended order to the Administration Commission for final
5221agency action. The Administration Commission shall enter a final
5222order within 45 days after its receipt of the recommended order.
5223     (e)  If the administrative law judge recommends that the
5224amendment be found in compliance, the judge shall submit the
5225recommended order to the state land planning agency.
5226     1.  If the state land planning agency determines that the
5227plan amendment should be found not in compliance, the agency
5228shall refer, within 30 days after receipt of the recommended
5229order, the recommended order and its determination to the
5230Administration Commission for final agency action.
5231     2.  If the state land planning agency determines that the
5232plan amendment should be found in compliance, the agency shall
5233enter its final order not later than 30 days after receipt of
5234the recommended order.
5235     (f)1.  In all challenges under this subsection, when a
5236determination of compliance as defined in paragraph (1)(b) is
5237made, consideration shall be given to the plan or plan amendment
5238as a whole and whether the plan or plan amendment furthers the
5239intent of this part.
5240     2.  In challenges that require the state land planning
5241agency to make a determination that an important state resource
5242or facility will be adversely impacted by the adopted plan or
5243plan amendment, the plan or plan amendment shall be found to be
5244in compliance unless it is determined that on the whole the plan
5245or plan amendment's adverse impacts to the important state
5246resource or facility outweigh the plan or plan amendment's
5247benefits to the affected local community or the plan or plan
5248amendment's furtherance of the intent of this part.
5249     (g)  Parties to a proceeding under this subsection may
5250enter into compliance agreements using the process in subsection
5251(6).
5252     (6)  COMPLIANCE AGREEMENT.-
5253     (a)  At any time after the filing of a challenge, the state
5254land planning agency and the local government may voluntarily
5255enter into a compliance agreement to resolve one or more of the
5256issues raised in the proceedings. Affected persons who have
5257initiated a formal proceeding or have intervened in a formal
5258proceeding may also enter into a compliance agreement with the
5259local government. All parties granted intervenor status shall be
5260provided reasonable notice of the commencement of a compliance
5261agreement negotiation process and a reasonable opportunity to
5262participate in such negotiation process. Negotiation meetings
5263with local governments or intervenors shall be open to the
5264public. The state land planning agency shall provide each party
5265granted intervenor status with a copy of the compliance
5266agreement within 10 days after the agreement is executed. The
5267compliance agreement shall list each portion of the plan or plan
5268amendment that has been challenged, and shall specify remedial
5269actions that the local government has agreed to complete within
5270a specified time in order to resolve the challenge, including
5271adoption of all necessary plan amendments. The compliance
5272agreement may also establish monitoring requirements and
5273incentives to ensure that the conditions of the compliance
5274agreement are met.
5275     (b)  Upon the filing of a compliance agreement executed by
5276the parties to a challenge and the local government with the
5277Division of Administrative Hearings, any administrative
5278proceeding under ss. 120.569 and 120.57 regarding the plan or
5279plan amendment covered by the compliance agreement shall be
5280stayed.
5281     (c)  Before its execution of a compliance agreement, the
5282local government must approve the compliance agreement at a
5283public hearing advertised at least 10 days before the public
5284hearing in a newspaper of general circulation in the area in
5285accordance with the advertisement requirements of chapter 125 or
5286166, as applicable.
5287     (d)  The local government shall hold a single adoption
5288public hearing for remedial amendments.
5289     (e)  If the local government adopts a comprehensive plan
5290amendment pursuant to a compliance agreement, an affected person
5291or the state land planning agency may file a revised challenge
5292with the Division of Administrative Hearings within 15 days
5293after the adoption of the amendment.
5294     (f)  This subsection does not prohibit a local government
5295from amending portions of its comprehensive plan other than
5296those that are the subject of a challenge. However, such
5297amendments to the plan may not be inconsistent with the
5298compliance agreement.
5299     (g)  Nothing in this subsection is intended to require
5300settlement by any party against its will or to preclude the use
5301of other informal dispute resolution methods, in the course of
5302or in addition to the method described in this subsection.
5303     (7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5304     (a)  At any time after the matter has been forwarded to the
5305Division of Administrative Hearings, the local government
5306proposing the amendment may demand formal mediation or the local
5307government proposing the amendment or an affected person who is
5308a party to the proceeding may demand informal mediation or
5309expeditious resolution of the amendment proceedings by serving
5310written notice on the state land planning agency if a party to
5311the proceeding, all other parties to the proceeding, and the
5312administrative law judge.
5313     (b)  Upon receipt of a notice pursuant to paragraph (a),
5314the administrative law judge shall set the matter for final
5315hearing no more than 30 days after receipt of the notice. Once a
5316final hearing has been set, no continuance in the hearing, and
5317no additional time for post-hearing submittals, may be granted
5318without the written agreement of the parties absent a finding by
5319the administrative law judge of extraordinary circumstances.
5320Extraordinary circumstances do not include matters relating to
5321workload or need for additional time for preparation,
5322negotiation, or mediation.
5323     (c)  Absent a showing of extraordinary circumstances, the
5324administrative law judge shall issue a recommended order, in a
5325case proceeding under subsection (5), within 30 days after
5326filing of the transcript, unless the parties agree in writing to
5327a longer time.
5328     (d)  Absent a showing of extraordinary circumstances, the
5329Administration Commission shall issue a final order, in a case
5330proceeding under subsection (5), within 45 days after the
5331issuance of the recommended order, unless the parties agree in
5332writing to a longer time.
5333     (8)(11)  ADMINISTRATION COMMISSION.-
5334     (a)  If the Administration Commission, upon a hearing
5335pursuant to subsection (5)(9) or subsection (10), finds that the
5336comprehensive plan or plan amendment is not in compliance with
5337this act, the commission shall specify remedial actions that
5338which would bring the comprehensive plan or plan amendment into
5339compliance.
5340     (b)  The commission may specify the sanctions provided in
5341subparagraphs 1. and 2. to which the local government will be
5342subject if it elects to make the amendment effective
5343notwithstanding the determination of noncompliance.
5344     1.  The commission may direct state agencies not to provide
5345funds to increase the capacity of roads, bridges, or water and
5346sewer systems within the boundaries of those local governmental
5347entities which have comprehensive plans or plan elements that
5348are determined not to be in compliance. The commission order may
5349also specify that the local government shall not be eligible for
5350grants administered under the following programs:
5351     a.1.  The Florida Small Cities Community Development Block
5352Grant Program, as authorized by ss. 290.0401-290.049.
5353     b.2.  The Florida Recreation Development Assistance
5354Program, as authorized by chapter 375.
5355     c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5356218.61 and chapter 212, to the extent not pledged to pay back
5357bonds.
5358     2.(b)  If the local government is one which is required to
5359include a coastal management element in its comprehensive plan
5360pursuant to s. 163.3177(6)(g), the commission order may also
5361specify that the local government is not eligible for funding
5362pursuant to s. 161.091. The commission order may also specify
5363that the fact that the coastal management element has been
5364determined to be not in compliance shall be a consideration when
5365the department considers permits under s. 161.053 and when the
5366Board of Trustees of the Internal Improvement Trust Fund
5367considers whether to sell, convey any interest in, or lease any
5368sovereignty lands or submerged lands until the element is
5369brought into compliance.
5370     3.(c)  The sanctions provided by subparagraphs paragraphs
53711.(a) and 2.(b) shall not apply to a local government regarding
5372any plan amendment, except for plan amendments that amend plans
5373that have not been finally determined to be in compliance with
5374this part, and except as provided in paragraph (b) s.
5375163.3189(2) or s. 163.3191(11).
5376     (9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5377party constitutes a certificate that he or she has read the
5378pleading, motion, or other paper and that, to the best of his or
5379her knowledge, information, and belief formed after reasonable
5380inquiry, it is not interposed for any improper purpose, such as
5381to harass or to cause unnecessary delay, or for economic
5382advantage, competitive reasons, or frivolous purposes or
5383needless increase in the cost of litigation. If a pleading,
5384motion, or other paper is signed in violation of these
5385requirements, the administrative law judge, upon motion or his
5386or her own initiative, shall impose upon the person who signed
5387it, a represented party, or both, an appropriate sanction, which
5388may include an order to pay to the other party or parties the
5389amount of reasonable expenses incurred because of the filing of
5390the pleading, motion, or other paper, including a reasonable
5391attorney's fee.
5392     (10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5393section shall be the sole proceeding or action for a
5394determination of whether a local government's plan, element, or
5395amendment is in compliance with this act.
5396     (14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5397government comprehensive plan or plan amendment which is
5398applicable to a designated area of critical state concern shall
5399be effective until a final order is issued finding the plan or
5400amendment to be in compliance as defined in this section.
5401     (11)(15)  PUBLIC HEARINGS.-
5402     (a)  The procedure for transmittal of a complete proposed
5403comprehensive plan or plan amendment pursuant to subparagraphs
5404subsection (3)(b)1. and (4)(b) and for adoption of a
5405comprehensive plan or plan amendment pursuant to
5406subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5407affirmative vote of not less than a majority of the members of
5408the governing body present at the hearing. The adoption of a
5409comprehensive plan or plan amendment shall be by ordinance. For
5410the purposes of transmitting or adopting a comprehensive plan or
5411plan amendment, the notice requirements in chapters 125 and 166
5412are superseded by this subsection, except as provided in this
5413part.
5414     (b)  The local governing body shall hold at least two
5415advertised public hearings on the proposed comprehensive plan or
5416plan amendment as follows:
5417     1.  The first public hearing shall be held at the
5418transmittal stage pursuant to subsection (3). It shall be held
5419on a weekday at least 7 days after the day that the first
5420advertisement is published pursuant to the requirements of
5421chapter 125 or chapter 166.
5422     2.  The second public hearing shall be held at the adoption
5423stage pursuant to subsection (7). It shall be held on a weekday
5424at least 5 days after the day that the second advertisement is
5425published pursuant to the requirements of chapter 125 or chapter
5426166.
5427     (c)  Nothing in this part is intended to prohibit or limit
5428the authority of local governments to require a person
5429requesting an amendment to pay some or all of the cost of the
5430public notice.
5431     (12) CONCURRENT ZONING.-At the request of an applicant, a
5432local government shall consider an application for zoning
5433changes that would be required to properly enact the provisions
5434of any proposed plan amendment transmitted pursuant to this
5435subsection. Zoning changes approved by the local government are
5436contingent upon the comprehensive plan or plan amendment
5437transmitted becoming effective.
5438     (13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5439government comprehensive plan or plan amendment that is
5440applicable to a designated area of critical state concern shall
5441be effective until a final order is issued finding the plan or
5442amendment to be in compliance as defined in paragraph (1)(b).
5443     (c)  The local government shall provide a sign-in form at
5444the transmittal hearing and at the adoption hearing for persons
5445to provide their names and mailing addresses. The sign-in form
5446must advise that any person providing the requested information
5447will receive a courtesy informational statement concerning
5448publications of the state land planning agency's notice of
5449intent. The local government shall add to the sign-in form the
5450name and address of any person who submits written comments
5451concerning the proposed plan or plan amendment during the time
5452period between the commencement of the transmittal hearing and
5453the end of the adoption hearing. It is the responsibility of the
5454person completing the form or providing written comments to
5455accurately, completely, and legibly provide all information
5456needed in order to receive the courtesy informational statement.
5457     (d)  The agency shall provide a model sign-in form for
5458providing the list to the agency which may be used by the local
5459government to satisfy the requirements of this subsection.
5460     (e)  If the proposed comprehensive plan or plan amendment
5461changes the actual list of permitted, conditional, or prohibited
5462uses within a future land use category or changes the actual
5463future land use map designation of a parcel or parcels of land,
5464the required advertisements shall be in the format prescribed by
5465s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5466municipality.
5467     (16)  COMPLIANCE AGREEMENTS.-
5468     (a)  At any time following the issuance of a notice of
5469intent to find a comprehensive plan or plan amendment not in
5470compliance with this part or after the initiation of a hearing
5471pursuant to subsection (9), the state land planning agency and
5472the local government may voluntarily enter into a compliance
5473agreement to resolve one or more of the issues raised in the
5474proceedings. Affected persons who have initiated a formal
5475proceeding or have intervened in a formal proceeding may also
5476enter into the compliance agreement. All parties granted
5477intervenor status shall be provided reasonable notice of the
5478commencement of a compliance agreement negotiation process and a
5479reasonable opportunity to participate in such negotiation
5480process. Negotiation meetings with local governments or
5481intervenors shall be open to the public. The state land planning
5482agency shall provide each party granted intervenor status with a
5483copy of the compliance agreement within 10 days after the
5484agreement is executed. The compliance agreement shall list each
5485portion of the plan or plan amendment which is not in
5486compliance, and shall specify remedial actions which the local
5487government must complete within a specified time in order to
5488bring the plan or plan amendment into compliance, including
5489adoption of all necessary plan amendments. The compliance
5490agreement may also establish monitoring requirements and
5491incentives to ensure that the conditions of the compliance
5492agreement are met.
5493     (b)  Upon filing by the state land planning agency of a
5494compliance agreement executed by the agency and the local
5495government with the Division of Administrative Hearings, any
5496administrative proceeding under ss. 120.569 and 120.57 regarding
5497the plan or plan amendment covered by the compliance agreement
5498shall be stayed.
5499     (c)  Prior to its execution of a compliance agreement, the
5500local government must approve the compliance agreement at a
5501public hearing advertised at least 10 days before the public
5502hearing in a newspaper of general circulation in the area in
5503accordance with the advertisement requirements of subsection
5504(15).
5505     (d)  A local government may adopt a plan amendment pursuant
5506to a compliance agreement in accordance with the requirements of
5507paragraph (15)(a). The plan amendment shall be exempt from the
5508requirements of subsections (2)-(7). The local government shall
5509hold a single adoption public hearing pursuant to the
5510requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5511Within 10 working days after adoption of a plan amendment, the
5512local government shall transmit the amendment to the state land
5513planning agency as specified in the agency's procedural rules,
5514and shall submit one copy to the regional planning agency and to
5515any other unit of local government or government agency in the
5516state that has filed a written request with the governing body
5517for a copy of the plan amendment, and one copy to any party to
5518the proceeding under ss. 120.569 and 120.57 granted intervenor
5519status.
5520     (e)  The state land planning agency, upon receipt of a plan
5521amendment adopted pursuant to a compliance agreement, shall
5522issue a cumulative notice of intent addressing both the
5523compliance agreement amendment and the plan or plan amendment
5524that was the subject of the agreement, in accordance with
5525subsection (8).
5526     (f)1.  If the local government adopts a comprehensive plan
5527amendment pursuant to a compliance agreement and a notice of
5528intent to find the plan amendment in compliance is issued, the
5529state land planning agency shall forward the notice of intent to
5530the Division of Administrative Hearings and the administrative
5531law judge shall realign the parties in the pending proceeding
5532under ss. 120.569 and 120.57, which shall thereafter be governed
5533by the process contained in paragraphs (9)(a) and (b), including
5534provisions relating to challenges by an affected person, burden
5535of proof, and issues of a recommended order and a final order,
5536except as provided in subparagraph 2. Parties to the original
5537proceeding at the time of realignment may continue as parties
5538without being required to file additional pleadings to initiate
5539a proceeding, but may timely amend their pleadings to raise any
5540challenge to the amendment which is the subject of the
5541cumulative notice of intent, and must otherwise conform to the
5542rules of procedure of the Division of Administrative Hearings.
5543Any affected person not a party to the realigned proceeding may
5544challenge the plan amendment which is the subject of the
5545cumulative notice of intent by filing a petition with the agency
5546as provided in subsection (9). The agency shall forward the
5547petition filed by the affected person not a party to the
5548realigned proceeding to the Division of Administrative Hearings
5549for consolidation with the realigned proceeding.
5550     2.  If any of the issues raised by the state land planning
5551agency in the original subsection (10) proceeding are not
5552resolved by the compliance agreement amendments, any intervenor
5553in the original subsection (10) proceeding may require those
5554issues to be addressed in the pending consolidated realigned
5555proceeding under ss. 120.569 and 120.57. As to those unresolved
5556issues, the burden of proof shall be governed by subsection
5557(10).
5558     3.  If the local government adopts a comprehensive plan
5559amendment pursuant to a compliance agreement and a notice of
5560intent to find the plan amendment not in compliance is issued,
5561the state land planning agency shall forward the notice of
5562intent to the Division of Administrative Hearings, which shall
5563consolidate the proceeding with the pending proceeding and
5564immediately set a date for hearing in the pending proceeding
5565under ss. 120.569 and 120.57. Affected persons who are not a
5566party to the underlying proceeding under ss. 120.569 and 120.57
5567may challenge the plan amendment adopted pursuant to the
5568compliance agreement by filing a petition pursuant to subsection
5569(10).
5570     (g)  If the local government fails to adopt a comprehensive
5571plan amendment pursuant to a compliance agreement, the state
5572land planning agency shall notify the Division of Administrative
5573Hearings, which shall set the hearing in the pending proceeding
5574under ss. 120.569 and 120.57 at the earliest convenient time.
5575     (h)  This subsection does not prohibit a local government
5576from amending portions of its comprehensive plan other than
5577those which are the subject of the compliance agreement.
5578However, such amendments to the plan may not be inconsistent
5579with the compliance agreement.
5580     (i)  Nothing in this subsection is intended to limit the
5581parties from entering into a compliance agreement at any time
5582before the final order in the proceeding is issued, provided
5583that the provisions of paragraph (c) shall apply regardless of
5584when the compliance agreement is reached.
5585     (j)  Nothing in this subsection is intended to force any
5586party into settlement against its will or to preclude the use of
5587other informal dispute resolution methods, such as the services
5588offered by the Florida Growth Management Dispute Resolution
5589Consortium, in the course of or in addition to the method
5590described in this subsection.
5591     (17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5592A local government that has adopted a community vision and urban
5593service boundary under s. 163.3177(13) and (14) may adopt a plan
5594amendment related to map amendments solely to property within an
5595urban service boundary in the manner described in subsections
5596(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5597and e., 2., and 3., such that state and regional agency review
5598is eliminated. The department may not issue an objections,
5599recommendations, and comments report on proposed plan amendments
5600or a notice of intent on adopted plan amendments; however,
5601affected persons, as defined by paragraph (1)(a), may file a
5602petition for administrative review pursuant to the requirements
5603of s. 163.3187(3)(a) to challenge the compliance of an adopted
5604plan amendment. This subsection does not apply to any amendment
5605within an area of critical state concern, to any amendment that
5606increases residential densities allowable in high-hazard coastal
5607areas as defined in s. 163.3178(2)(h), or to a text change to
5608the goals, policies, or objectives of the local government's
5609comprehensive plan. Amendments submitted under this subsection
5610are exempt from the limitation on the frequency of plan
5611amendments in s. 163.3187.
5612     (18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5613municipality that has a designated urban infill and
5614redevelopment area under s. 163.2517 may adopt a plan amendment
5615related to map amendments solely to property within a designated
5616urban infill and redevelopment area in the manner described in
5617subsections (1), (2), (7), (14), (15), and (16) and s.
5618163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5619regional agency review is eliminated. The department may not
5620issue an objections, recommendations, and comments report on
5621proposed plan amendments or a notice of intent on adopted plan
5622amendments; however, affected persons, as defined by paragraph
5623(1)(a), may file a petition for administrative review pursuant
5624to the requirements of s. 163.3187(3)(a) to challenge the
5625compliance of an adopted plan amendment. This subsection does
5626not apply to any amendment within an area of critical state
5627concern, to any amendment that increases residential densities
5628allowable in high-hazard coastal areas as defined in s.
5629163.3178(2)(h), or to a text change to the goals, policies, or
5630objectives of the local government's comprehensive plan.
5631Amendments submitted under this subsection are exempt from the
5632limitation on the frequency of plan amendments in s. 163.3187.
5633     (19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5634government that identifies in its comprehensive plan the types
5635of housing developments and conditions for which it will
5636consider plan amendments that are consistent with the local
5637housing incentive strategies identified in s. 420.9076 and
5638authorized by the local government may expedite consideration of
5639such plan amendments. At least 30 days prior to adopting a plan
5640amendment pursuant to this subsection, the local government
5641shall notify the state land planning agency of its intent to
5642adopt such an amendment, and the notice shall include the local
5643government's evaluation of site suitability and availability of
5644facilities and services. A plan amendment considered under this
5645subsection shall require only a single public hearing before the
5646local governing body, which shall be a plan amendment adoption
5647hearing as described in subsection (7). The public notice of the
5648hearing required under subparagraph (15)(b)2. must include a
5649statement that the local government intends to use the expedited
5650adoption process authorized under this subsection. The state
5651land planning agency shall issue its notice of intent required
5652under subsection (8) within 30 days after determining that the
5653amendment package is complete. Any further proceedings shall be
5654governed by subsections (9)-(16).
5655     Section 17.  Section 163.3187, Florida Statutes, is amended
5656to read:-
5657     163.3187  Process for adoption of small-scale comprehensive
5658plan amendment of adopted comprehensive plan.-
5659     (1)  Amendments to comprehensive plans adopted pursuant to
5660this part may be made not more than two times during any
5661calendar year, except:
5662     (a)  In the case of an emergency, comprehensive plan
5663amendments may be made more often than twice during the calendar
5664year if the additional plan amendment receives the approval of
5665all of the members of the governing body. "Emergency" means any
5666occurrence or threat thereof whether accidental or natural,
5667caused by humankind, in war or peace, which results or may
5668result in substantial injury or harm to the population or
5669substantial damage to or loss of property or public funds.
5670     (b)  Any local government comprehensive plan amendments
5671directly related to a proposed development of regional impact,
5672including changes which have been determined to be substantial
5673deviations and including Florida Quality Developments pursuant
5674to s. 380.061, may be initiated by a local planning agency and
5675considered by the local governing body at the same time as the
5676application for development approval using the procedures
5677provided for local plan amendment in this section and applicable
5678local ordinances.
5679     (1)(c)  Any local government comprehensive plan amendments
5680directly related to proposed small scale development activities
5681may be approved without regard to statutory limits on the
5682frequency of consideration of amendments to the local
5683comprehensive plan. A small scale development amendment may be
5684adopted only under the following conditions:
5685     (a)1.  The proposed amendment involves a use of 10 acres or
5686fewer and:
5687     (b)a.  The cumulative annual effect of the acreage for all
5688small scale development amendments adopted by the local
5689government shall not exceed:
5690     (I)  a maximum of 120 acres in a calendar year. local
5691government that contains areas specifically designated in the
5692local comprehensive plan for urban infill, urban redevelopment,
5693or downtown revitalization as defined in s. 163.3164, urban
5694infill and redevelopment areas designated under s. 163.2517,
5695transportation concurrency exception areas approved pursuant to
5696s. 163.3180(5), or regional activity centers and urban central
5697business districts approved pursuant to s. 380.06(2)(e);
5698however, amendments under this paragraph may be applied to no
5699more than 60 acres annually of property outside the designated
5700areas listed in this sub-sub-subparagraph. Amendments adopted
5701pursuant to paragraph (k) shall not be counted toward the
5702acreage limitations for small scale amendments under this
5703paragraph.
5704     (II)  A maximum of 80 acres in a local government that does
5705not contain any of the designated areas set forth in sub-sub-
5706subparagraph (I).
5707     (III)  A maximum of 120 acres in a county established
5708pursuant to s. 9, Art. VIII of the State Constitution.
5709     b.  The proposed amendment does not involve the same
5710property granted a change within the prior 12 months.
5711     c.  The proposed amendment does not involve the same
5712owner's property within 200 feet of property granted a change
5713within the prior 12 months.
5714     (c)d.  The proposed amendment does not involve a text
5715change to the goals, policies, and objectives of the local
5716government's comprehensive plan, but only proposes a land use
5717change to the future land use map for a site-specific small
5718scale development activity. However, text changes that relate
5719directly to, and are adopted simultaneously with, the small
5720scale future land use map amendment shall be permissible under
5721this section.
5722     (d)e.  The property that is the subject of the proposed
5723amendment is not located within an area of critical state
5724concern, unless the project subject to the proposed amendment
5725involves the construction of affordable housing units meeting
5726the criteria of s. 420.0004(3), and is located within an area of
5727critical state concern designated by s. 380.0552 or by the
5728Administration Commission pursuant to s. 380.05(1). Such
5729amendment is not subject to the density limitations of sub-
5730subparagraph f., and shall be reviewed by the state land
5731planning agency for consistency with the principles for guiding
5732development applicable to the area of critical state concern
5733where the amendment is located and shall not become effective
5734until a final order is issued under s. 380.05(6).
5735     f.  If the proposed amendment involves a residential land
5736use, the residential land use has a density of 10 units or less
5737per acre or the proposed future land use category allows a
5738maximum residential density of the same or less than the maximum
5739residential density allowable under the existing future land use
5740category, except that this limitation does not apply to small
5741scale amendments involving the construction of affordable
5742housing units meeting the criteria of s. 420.0004(3) on property
5743which will be the subject of a land use restriction agreement,
5744or small scale amendments described in sub-sub-subparagraph
5745a.(I) that are designated in the local comprehensive plan for
5746urban infill, urban redevelopment, or downtown revitalization as
5747defined in s. 163.3164, urban infill and redevelopment areas
5748designated under s. 163.2517, transportation concurrency
5749exception areas approved pursuant to s. 163.3180(5), or regional
5750activity centers and urban central business districts approved
5751pursuant to s. 380.06(2)(e).
5752     2.a.  A local government that proposes to consider a plan
5753amendment pursuant to this paragraph is not required to comply
5754with the procedures and public notice requirements of s.
5755163.3184(15)(c) for such plan amendments if the local government
5756complies with the provisions in s. 125.66(4)(a) for a county or
5757in s. 166.041(3)(c) for a municipality. If a request for a plan
5758amendment under this paragraph is initiated by other than the
5759local government, public notice is required.
5760     b.  The local government shall send copies of the notice
5761and amendment to the state land planning agency, the regional
5762planning council, and any other person or entity requesting a
5763copy. This information shall also include a statement
5764identifying any property subject to the amendment that is
5765located within a coastal high-hazard area as identified in the
5766local comprehensive plan.
5767     (2)3.  Small scale development amendments adopted pursuant
5768to this section paragraph require only one public hearing before
5769the governing board, which shall be an adoption hearing as
5770described in s. 163.3184(11)(7), and are not subject to the
5771requirements of s. 163.3184(3)-(6) unless the local government
5772elects to have them subject to those requirements.
5773     (3)4.  If the small scale development amendment involves a
5774site within an area that is designated by the Governor as a
5775rural area of critical economic concern as defined under s.
5776288.0656(2)(d)(7) for the duration of such designation, the 10-
5777acre limit listed in subsection (1) subparagraph 1. shall be
5778increased by 100 percent to 20 acres. The local government
5779approving the small scale plan amendment shall certify to the
5780Office of Tourism, Trade, and Economic Development that the plan
5781amendment furthers the economic objectives set forth in the
5782executive order issued under s. 288.0656(7), and the property
5783subject to the plan amendment shall undergo public review to
5784ensure that all concurrency requirements and federal, state, and
5785local environmental permit requirements are met.
5786     (d)  Any comprehensive plan amendment required by a
5787compliance agreement pursuant to s. 163.3184(16) may be approved
5788without regard to statutory limits on the frequency of adoption
5789of amendments to the comprehensive plan.
5790     (e)  A comprehensive plan amendment for location of a state
5791correctional facility. Such an amendment may be made at any time
5792and does not count toward the limitation on the frequency of
5793plan amendments.
5794     (f)  The capital improvements element annual update
5795required in s. 163.3177(3)(b)1. and any amendments directly
5796related to the schedule.
5797     (g)  Any local government comprehensive plan amendments
5798directly related to proposed redevelopment of brownfield areas
5799designated under s. 376.80 may be approved without regard to
5800statutory limits on the frequency of consideration of amendments
5801to the local comprehensive plan.
5802     (h)  Any comprehensive plan amendments for port
5803transportation facilities and projects that are eligible for
5804funding by the Florida Seaport Transportation and Economic
5805Development Council pursuant to s. 311.07.
5806     (i)  A comprehensive plan amendment for the purpose of
5807designating an urban infill and redevelopment area under s.
5808163.2517 may be approved without regard to the statutory limits
5809on the frequency of amendments to the comprehensive plan.
5810     (j)  Any comprehensive plan amendment to establish public
5811school concurrency pursuant to s. 163.3180(13), including, but
5812not limited to, adoption of a public school facilities element
5813and adoption of amendments to the capital improvements element
5814and intergovernmental coordination element. In order to ensure
5815the consistency of local government public school facilities
5816elements within a county, such elements shall be prepared and
5817adopted on a similar time schedule.
5818     (k)  A local comprehensive plan amendment directly related
5819to providing transportation improvements to enhance life safety
5820on Controlled Access Major Arterial Highways identified in the
5821Florida Intrastate Highway System, in counties as defined in s.
5822125.011, where such roadways have a high incidence of traffic
5823accidents resulting in serious injury or death. Any such
5824amendment shall not include any amendment modifying the
5825designation on a comprehensive development plan land use map nor
5826any amendment modifying the allowable densities or intensities
5827of any land.
5828     (l)  A comprehensive plan amendment to adopt a public
5829educational facilities element pursuant to s. 163.3177(12) and
5830future land-use-map amendments for school siting may be approved
5831notwithstanding statutory limits on the frequency of adopting
5832plan amendments.
5833     (m)  A comprehensive plan amendment that addresses criteria
5834or compatibility of land uses adjacent to or in close proximity
5835to military installations in a local government's future land
5836use element does not count toward the limitation on the
5837frequency of the plan amendments.
5838     (n)  Any local government comprehensive plan amendment
5839establishing or implementing a rural land stewardship area
5840pursuant to the provisions of s. 163.3177(11)(d).
5841     (o)  A comprehensive plan amendment that is submitted by an
5842area designated by the Governor as a rural area of critical
5843economic concern under s. 288.0656(7) and that meets the
5844economic development objectives may be approved without regard
5845to the statutory limits on the frequency of adoption of
5846amendments to the comprehensive plan.
5847     (p)  Any local government comprehensive plan amendment that
5848is consistent with the local housing incentive strategies
5849identified in s. 420.9076 and authorized by the local
5850government.
5851     (q)  Any local government plan amendment to designate an
5852urban service area as a transportation concurrency exception
5853area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
5854development-of-regional-impact process under s. 380.06(29).
5855     (4)(2)  Comprehensive plans may only be amended in such a
5856way as to preserve the internal consistency of the plan pursuant
5857to s. 163.3177(2). Corrections, updates, or modifications of
5858current costs which were set out as part of the comprehensive
5859plan shall not, for the purposes of this act, be deemed to be
5860amendments.
5861     (3)(a)  The state land planning agency shall not review or
5862issue a notice of intent for small scale development amendments
5863which satisfy the requirements of paragraph (1)(c).
5864     (5)(a)  Any affected person may file a petition with the
5865Division of Administrative Hearings pursuant to ss. 120.569 and
5866120.57 to request a hearing to challenge the compliance of a
5867small scale development amendment with this act within 30 days
5868following the local government's adoption of the amendment and,
5869shall serve a copy of the petition on the local government, and
5870shall furnish a copy to the state land planning agency. An
5871administrative law judge shall hold a hearing in the affected
5872jurisdiction not less than 30 days nor more than 60 days
5873following the filing of a petition and the assignment of an
5874administrative law judge. The parties to a hearing held pursuant
5875to this subsection shall be the petitioner, the local
5876government, and any intervenor. In the proceeding, the plan
5877amendment shall be determined to be in compliance if the local
5878government's determination that the small scale development
5879amendment is in compliance is fairly debatable presumed to be
5880correct. The local government's determination shall be sustained
5881unless it is shown by a preponderance of the evidence that the
5882amendment is not in compliance with the requirements of this
5883act. In any proceeding initiated pursuant to this subsection,
5884The state land planning agency may not intervene in any
5885proceeding initiated pursuant to this section.
5886     (b)1.  If the administrative law judge recommends that the
5887small scale development amendment be found not in compliance,
5888the administrative law judge shall submit the recommended order
5889to the Administration Commission for final agency action. If the
5890administrative law judge recommends that the small scale
5891development amendment be found in compliance, the administrative
5892law judge shall submit the recommended order to the state land
5893planning agency.
5894     2.  If the state land planning agency determines that the
5895plan amendment is not in compliance, the agency shall submit,
5896within 30 days following its receipt, the recommended order to
5897the Administration Commission for final agency action. If the
5898state land planning agency determines that the plan amendment is
5899in compliance, the agency shall enter a final order within 30
5900days following its receipt of the recommended order.
5901     (c)  Small scale development amendments shall not become
5902effective until 31 days after adoption. If challenged within 30
5903days after adoption, small scale development amendments shall
5904not become effective until the state land planning agency or the
5905Administration Commission, respectively, issues a final order
5906determining that the adopted small scale development amendment
5907is in compliance.
5908     (d)  In all challenges under this subsection, when a
5909determination of compliance as defined in s. 163.3184(1)(b) is
5910made, consideration shall be given to the plan amendment as a
5911whole and whether the plan amendment furthers the intent of this
5912part.
5913     (4)  Each governing body shall transmit to the state land
5914planning agency a current copy of its comprehensive plan not
5915later than December 1, 1985. Each governing body shall also
5916transmit copies of any amendments it adopts to its comprehensive
5917plan so as to continually update the plans on file with the
5918state land planning agency.
5919     (5)  Nothing in this part is intended to prohibit or limit
5920the authority of local governments to require that a person
5921requesting an amendment pay some or all of the cost of public
5922notice.
5923     (6)(a)  No local government may amend its comprehensive
5924plan after the date established by the state land planning
5925agency for adoption of its evaluation and appraisal report
5926unless it has submitted its report or addendum to the state land
5927planning agency as prescribed by s. 163.3191, except for plan
5928amendments described in paragraph (1)(b) or paragraph (1)(h).
5929     (b)  A local government may amend its comprehensive plan
5930after it has submitted its adopted evaluation and appraisal
5931report and for a period of 1 year after the initial
5932determination of sufficiency regardless of whether the report
5933has been determined to be insufficient.
5934     (c)  A local government may not amend its comprehensive
5935plan, except for plan amendments described in paragraph (1)(b),
5936if the 1-year period after the initial sufficiency determination
5937of the report has expired and the report has not been determined
5938to be sufficient.
5939     (d)  When the state land planning agency has determined
5940that the report has sufficiently addressed all pertinent
5941provisions of s. 163.3191, the local government may amend its
5942comprehensive plan without the limitations imposed by paragraph
5943(a) or paragraph (c).
5944     (e)  Any plan amendment which a local government attempts
5945to adopt in violation of paragraph (a) or paragraph (c) is
5946invalid, but such invalidity may be overcome if the local
5947government readopts the amendment and transmits the amendment to
5948the state land planning agency pursuant to s. 163.3184(7) after
5949the report is determined to be sufficient.
5950     Section 18.  Section 163.3189, Florida Statutes, is
5951repealed.
5952     Section 19.  Section 163.3191, Florida Statutes, is amended
5953to read:
5954     163.3191  Evaluation and appraisal of comprehensive plan.-
5955     (1)  At least once every 7 years, each local government
5956shall evaluate its comprehensive plan to determine if plan
5957amendments are necessary to reflect changes in state
5958requirements in this part since the last update of the
5959comprehensive plan, and notify the state land planning agency as
5960to its determination.
5961     (2)  If the local government determines amendments to its
5962comprehensive plan are necessary to reflect changes in state
5963requirements, the local government shall prepare and transmit
5964within 1 year such plan amendment or amendments for review
5965pursuant to s. 163.3184.
5966     (3)  Local governments are encouraged to comprehensively
5967evaluate and, as necessary, update comprehensive plans to
5968reflect changes in local conditions. Plan amendments transmitted
5969pursuant to this section shall be reviewed in accordance with s.
5970163.3184.
5971     (4)  If a local government fails to submit its letter
5972prescribed by subsection (1) or update its plan pursuant to
5973subsection (2), it may not amend its comprehensive plan until
5974such time as it complies with this section.
5975     (1)  The planning program shall be a continuous and ongoing
5976process. Each local government shall adopt an evaluation and
5977appraisal report once every 7 years assessing the progress in
5978implementing the local government's comprehensive plan.
5979Furthermore, it is the intent of this section that:
5980     (a)  Adopted comprehensive plans be reviewed through such
5981evaluation process to respond to changes in state, regional, and
5982local policies on planning and growth management and changing
5983conditions and trends, to ensure effective intergovernmental
5984coordination, and to identify major issues regarding the
5985community's achievement of its goals.
5986     (b)  After completion of the initial evaluation and
5987appraisal report and any supporting plan amendments, each
5988subsequent evaluation and appraisal report must evaluate the
5989comprehensive plan in effect at the time of the initiation of
5990the evaluation and appraisal report process.
5991     (c)  Local governments identify the major issues, if
5992applicable, with input from state agencies, regional agencies,
5993adjacent local governments, and the public in the evaluation and
5994appraisal report process. It is also the intent of this section
5995to establish minimum requirements for information to ensure
5996predictability, certainty, and integrity in the growth
5997management process. The report is intended to serve as a summary
5998audit of the actions that a local government has undertaken and
5999identify changes that it may need to make. The report should be
6000based on the local government's analysis of major issues to
6001further the community's goals consistent with statewide minimum
6002standards. The report is not intended to require a comprehensive
6003rewrite of the elements within the local plan, unless a local
6004government chooses to do so.
6005     (2)  The report shall present an evaluation and assessment
6006of the comprehensive plan and shall contain appropriate
6007statements to update the comprehensive plan, including, but not
6008limited to, words, maps, illustrations, or other media, related
6009to:
6010     (a)  Population growth and changes in land area, including
6011annexation, since the adoption of the original plan or the most
6012recent update amendments.
6013     (b)  The extent of vacant and developable land.
6014     (c)  The financial feasibility of implementing the
6015comprehensive plan and of providing needed infrastructure to
6016achieve and maintain adopted level-of-service standards and
6017sustain concurrency management systems through the capital
6018improvements element, as well as the ability to address
6019infrastructure backlogs and meet the demands of growth on public
6020services and facilities.
6021     (d)  The location of existing development in relation to
6022the location of development as anticipated in the original plan,
6023or in the plan as amended by the most recent evaluation and
6024appraisal report update amendments, such as within areas
6025designated for urban growth.
6026     (e)  An identification of the major issues for the
6027jurisdiction and, where pertinent, the potential social,
6028economic, and environmental impacts.
6029     (f)  Relevant changes to the state comprehensive plan, the
6030requirements of this part, the minimum criteria contained in
6031chapter 9J-5, Florida Administrative Code, and the appropriate
6032strategic regional policy plan since the adoption of the
6033original plan or the most recent evaluation and appraisal report
6034update amendments.
6035     (g)  An assessment of whether the plan objectives within
6036each element, as they relate to major issues, have been
6037achieved. The report shall include, as appropriate, an
6038identification as to whether unforeseen or unanticipated changes
6039in circumstances have resulted in problems or opportunities with
6040respect to major issues identified in each element and the
6041social, economic, and environmental impacts of the issue.
6042     (h)  A brief assessment of successes and shortcomings
6043related to each element of the plan.
6044     (i)  The identification of any actions or corrective
6045measures, including whether plan amendments are anticipated to
6046address the major issues identified and analyzed in the report.
6047Such identification shall include, as appropriate, new
6048population projections, new revised planning timeframes, a
6049revised future conditions map or map series, an updated capital
6050improvements element, and any new and revised goals, objectives,
6051and policies for major issues identified within each element.
6052This paragraph shall not require the submittal of the plan
6053amendments with the evaluation and appraisal report.
6054     (j)  A summary of the public participation program and
6055activities undertaken by the local government in preparing the
6056report.
6057     (k)  The coordination of the comprehensive plan with
6058existing public schools and those identified in the applicable
6059educational facilities plan adopted pursuant to s. 1013.35. The
6060assessment shall address, where relevant, the success or failure
6061of the coordination of the future land use map and associated
6062planned residential development with public schools and their
6063capacities, as well as the joint decisionmaking processes
6064engaged in by the local government and the school board in
6065regard to establishing appropriate population projections and
6066the planning and siting of public school facilities. For those
6067counties or municipalities that do not have a public schools
6068interlocal agreement or public school facilities element, the
6069assessment shall determine whether the local government
6070continues to meet the criteria of s. 163.3177(12). If the county
6071or municipality determines that it no longer meets the criteria,
6072it must adopt appropriate school concurrency goals, objectives,
6073and policies in its plan amendments pursuant to the requirements
6074of the public school facilities element, and enter into the
6075existing interlocal agreement required by ss. 163.3177(6)(h)2.
6076and 163.31777 in order to fully participate in the school
6077concurrency system.
6078     (l)  The extent to which the local government has been
6079successful in identifying alternative water supply projects and
6080traditional water supply projects, including conservation and
6081reuse, necessary to meet the water needs identified in s.
6082373.709(2)(a) within the local government's jurisdiction. The
6083report must evaluate the degree to which the local government
6084has implemented the work plan for building public, private, and
6085regional water supply facilities, including development of
6086alternative water supplies, identified in the element as
6087necessary to serve existing and new development.
6088     (m)  If any of the jurisdiction of the local government is
6089located within the coastal high-hazard area, an evaluation of
6090whether any past reduction in land use density impairs the
6091property rights of current residents when redevelopment occurs,
6092including, but not limited to, redevelopment following a natural
6093disaster. The property rights of current residents shall be
6094balanced with public safety considerations. The local government
6095must identify strategies to address redevelopment feasibility
6096and the property rights of affected residents. These strategies
6097may include the authorization of redevelopment up to the actual
6098built density in existence on the property prior to the natural
6099disaster or redevelopment.
6100     (n)  An assessment of whether the criteria adopted pursuant
6101to s. 163.3177(6)(a) were successful in achieving compatibility
6102with military installations.
6103     (o)  The extent to which a concurrency exception area
6104designated pursuant to s. 163.3180(5), a concurrency management
6105area designated pursuant to s. 163.3180(7), or a multimodal
6106transportation district designated pursuant to s. 163.3180(15)
6107has achieved the purpose for which it was created and otherwise
6108complies with the provisions of s. 163.3180.
6109     (p)  An assessment of the extent to which changes are
6110needed to develop a common methodology for measuring impacts on
6111transportation facilities for the purpose of implementing its
6112concurrency management system in coordination with the
6113municipalities and counties, as appropriate pursuant to s.
6114163.3180(10).
6115     (3)  Voluntary scoping meetings may be conducted by each
6116local government or several local governments within the same
6117county that agree to meet together. Joint meetings among all
6118local governments in a county are encouraged. All scoping
6119meetings shall be completed at least 1 year prior to the
6120established adoption date of the report. The purpose of the
6121meetings shall be to distribute data and resources available to
6122assist in the preparation of the report, to provide input on
6123major issues in each community that should be addressed in the
6124report, and to advise on the extent of the effort for the
6125components of subsection (2). If scoping meetings are held, the
6126local government shall invite each state and regional reviewing
6127agency, as well as adjacent and other affected local
6128governments. A preliminary list of new data and major issues
6129that have emerged since the adoption of the original plan, or
6130the most recent evaluation and appraisal report-based update
6131amendments, should be developed by state and regional entities
6132and involved local governments for distribution at the scoping
6133meeting. For purposes of this subsection, a "scoping meeting" is
6134a meeting conducted to determine the scope of review of the
6135evaluation and appraisal report by parties to which the report
6136relates.
6137     (4)  The local planning agency shall prepare the evaluation
6138and appraisal report and shall make recommendations to the
6139governing body regarding adoption of the proposed report. The
6140local planning agency shall prepare the report in conformity
6141with its public participation procedures adopted as required by
6142s. 163.3181. During the preparation of the proposed report and
6143prior to making any recommendation to the governing body, the
6144local planning agency shall hold at least one public hearing,
6145with public notice, on the proposed report. At a minimum, the
6146format and content of the proposed report shall include a table
6147of contents; numbered pages; element headings; section headings
6148within elements; a list of included tables, maps, and figures; a
6149title and sources for all included tables; a preparation date;
6150and the name of the preparer. Where applicable, maps shall
6151include major natural and artificial geographic features; city,
6152county, and state lines; and a legend indicating a north arrow,
6153map scale, and the date.
6154     (5)  Ninety days prior to the scheduled adoption date, the
6155local government may provide a proposed evaluation and appraisal
6156report to the state land planning agency and distribute copies
6157to state and regional commenting agencies as prescribed by rule,
6158adjacent jurisdictions, and interested citizens for review. All
6159review comments, including comments by the state land planning
6160agency, shall be transmitted to the local government and state
6161land planning agency within 30 days after receipt of the
6162proposed report.
6163     (6)  The governing body, after considering the review
6164comments and recommended changes, if any, shall adopt the
6165evaluation and appraisal report by resolution or ordinance at a
6166public hearing with public notice. The governing body shall
6167adopt the report in conformity with its public participation
6168procedures adopted as required by s. 163.3181. The local
6169government shall submit to the state land planning agency three
6170copies of the report, a transmittal letter indicating the dates
6171of public hearings, and a copy of the adoption resolution or
6172ordinance. The local government shall provide a copy of the
6173report to the reviewing agencies which provided comments for the
6174proposed report, or to all the reviewing agencies if a proposed
6175report was not provided pursuant to subsection (5), including
6176the adjacent local governments. Within 60 days after receipt,
6177the state land planning agency shall review the adopted report
6178and make a preliminary sufficiency determination that shall be
6179forwarded by the agency to the local government for its
6180consideration. The state land planning agency shall issue a
6181final sufficiency determination within 90 days after receipt of
6182the adopted evaluation and appraisal report.
6183     (7)  The intent of the evaluation and appraisal process is
6184the preparation of a plan update that clearly and concisely
6185achieves the purpose of this section. Toward this end, the
6186sufficiency review of the state land planning agency shall
6187concentrate on whether the evaluation and appraisal report
6188sufficiently fulfills the components of subsection (2). If the
6189state land planning agency determines that the report is
6190insufficient, the governing body shall adopt a revision of the
6191report and submit the revised report for review pursuant to
6192subsection (6).
6193     (8)  The state land planning agency may delegate the review
6194of evaluation and appraisal reports, including all state land
6195planning agency duties under subsections (4)-(7), to the
6196appropriate regional planning council. When the review has been
6197delegated to a regional planning council, any local government
6198in the region may elect to have its report reviewed by the
6199regional planning council rather than the state land planning
6200agency. The state land planning agency shall by agreement
6201provide for uniform and adequate review of reports and shall
6202retain oversight for any delegation of review to a regional
6203planning council.
6204     (9)  The state land planning agency may establish a phased
6205schedule for adoption of reports. The schedule shall provide
6206each local government at least 7 years from plan adoption or
6207last established adoption date for a report and shall allot
6208approximately one-seventh of the reports to any 1 year. In order
6209to allow the municipalities to use data and analyses gathered by
6210the counties, the state land planning agency shall schedule
6211municipal report adoption dates between 1 year and 18 months
6212later than the report adoption date for the county in which
6213those municipalities are located. A local government may adopt
6214its report no earlier than 90 days prior to the established
6215adoption date. Small municipalities which were scheduled by
6216chapter 9J-33, Florida Administrative Code, to adopt their
6217evaluation and appraisal report after February 2, 1999, shall be
6218rescheduled to adopt their report together with the other
6219municipalities in their county as provided in this subsection.
6220     (10)  The governing body shall amend its comprehensive plan
6221based on the recommendations in the report and shall update the
6222comprehensive plan based on the components of subsection (2),
6223pursuant to the provisions of ss. 163.3184, 163.3187, and
6224163.3189. Amendments to update a comprehensive plan based on the
6225evaluation and appraisal report shall be adopted during a single
6226amendment cycle within 18 months after the report is determined
6227to be sufficient by the state land planning agency, except the
6228state land planning agency may grant an extension for adoption
6229of a portion of such amendments. The state land planning agency
6230may grant a 6-month extension for the adoption of such
6231amendments if the request is justified by good and sufficient
6232cause as determined by the agency. An additional extension may
6233also be granted if the request will result in greater
6234coordination between transportation and land use, for the
6235purposes of improving Florida's transportation system, as
6236determined by the agency in coordination with the Metropolitan
6237Planning Organization program. Beginning July 1, 2006, failure
6238to timely adopt and transmit update amendments to the
6239comprehensive plan based on the evaluation and appraisal report
6240shall result in a local government being prohibited from
6241adopting amendments to the comprehensive plan until the
6242evaluation and appraisal report update amendments have been
6243adopted and transmitted to the state land planning agency. The
6244prohibition on plan amendments shall commence when the update
6245amendments to the comprehensive plan are past due. The
6246comprehensive plan as amended shall be in compliance as defined
6247in s. 163.3184(1)(b). Within 6 months after the effective date
6248of the update amendments to the comprehensive plan, the local
6249government shall provide to the state land planning agency and
6250to all agencies designated by rule a complete copy of the
6251updated comprehensive plan.
6252     (11)  The Administration Commission may impose the
6253sanctions provided by s. 163.3184(11) against any local
6254government that fails to adopt and submit a report, or that
6255fails to implement its report through timely and sufficient
6256amendments to its local plan, except for reasons of excusable
6257delay or valid planning reasons agreed to by the state land
6258planning agency or found present by the Administration
6259Commission. Sanctions for untimely or insufficient plan
6260amendments shall be prospective only and shall begin after a
6261final order has been issued by the Administration Commission and
6262a reasonable period of time has been allowed for the local
6263government to comply with an adverse determination by the
6264Administration Commission through adoption of plan amendments
6265that are in compliance. The state land planning agency may
6266initiate, and an affected person may intervene in, such a
6267proceeding by filing a petition with the Division of
6268Administrative Hearings, which shall appoint an administrative
6269law judge and conduct a hearing pursuant to ss. 120.569 and
6270120.57(1) and shall submit a recommended order to the
6271Administration Commission. The affected local government shall
6272be a party to any such proceeding. The commission may implement
6273this subsection by rule.
6274     (5)(12)  The state land planning agency shall not adopt
6275rules to implement this section, other than procedural rules.
6276     (13)  The state land planning agency shall regularly review
6277the evaluation and appraisal report process and submit a report
6278to the Governor, the Administration Commission, the Speaker of
6279the House of Representatives, the President of the Senate, and
6280the respective community affairs committees of the Senate and
6281the House of Representatives. The first report shall be
6282submitted by December 31, 2004, and subsequent reports shall be
6283submitted every 5 years thereafter. At least 9 months before the
6284due date of each report, the Secretary of Community Affairs
6285shall appoint a technical committee of at least 15 members to
6286assist in the preparation of the report. The membership of the
6287technical committee shall consist of representatives of local
6288governments, regional planning councils, the private sector, and
6289environmental organizations. The report shall assess the
6290effectiveness of the evaluation and appraisal report process.
6291     (14)  The requirement of subsection (10) prohibiting a
6292local government from adopting amendments to the local
6293comprehensive plan until the evaluation and appraisal report
6294update amendments have been adopted and transmitted to the state
6295land planning agency does not apply to a plan amendment proposed
6296for adoption by the appropriate local government as defined in
6297s. 163.3178(2)(k) in order to integrate a port comprehensive
6298master plan with the coastal management element of the local
6299comprehensive plan as required by s. 163.3178(2)(k) if the port
6300comprehensive master plan or the proposed plan amendment does
6301not cause or contribute to the failure of the local government
6302to comply with the requirements of the evaluation and appraisal
6303report.
6304     Section 20.  Paragraph (b) of subsection (2) of section
6305163.3217, Florida Statutes, is amended to read:
6306     163.3217  Municipal overlay for municipal incorporation.-
6307     (2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6308OVERLAY.-
6309     (b)1.  A municipal overlay shall be adopted as an amendment
6310to the local government comprehensive plan as prescribed by s.
6311163.3184.
6312     2.  A county may consider the adoption of a municipal
6313overlay without regard to the provisions of s. 163.3187(1)
6314regarding the frequency of adoption of amendments to the local
6315comprehensive plan.
6316     Section 21.  Subsection (3) of section 163.3220, Florida
6317Statutes, is amended to read:
6318     163.3220  Short title; legislative intent.-
6319     (3)  In conformity with, in furtherance of, and to
6320implement the Community Local Government Comprehensive Planning
6321and Land Development Regulation Act and the Florida State
6322Comprehensive Planning Act of 1972, it is the intent of the
6323Legislature to encourage a stronger commitment to comprehensive
6324and capital facilities planning, ensure the provision of
6325adequate public facilities for development, encourage the
6326efficient use of resources, and reduce the economic cost of
6327development.
6328     Section 22.  Subsections (2) and (11) of section 163.3221,
6329Florida Statutes, are amended to read:
6330     163.3221  Florida Local Government Development Agreement
6331Act; definitions.-As used in ss. 163.3220-163.3243:
6332     (2)  "Comprehensive plan" means a plan adopted pursuant to
6333the Community "Local Government Comprehensive Planning and Land
6334Development Regulation Act."
6335     (11)  "Local planning agency" means the agency designated
6336to prepare a comprehensive plan or plan amendment pursuant to
6337the Community "Florida Local Government Comprehensive Planning
6338and Land Development Regulation Act."
6339     Section 23.  Section 163.3229, Florida Statutes, is amended
6340to read:
6341     163.3229  Duration of a development agreement and
6342relationship to local comprehensive plan.-The duration of a
6343development agreement may shall not exceed 20 years, unless it
6344is. It may be extended by mutual consent of the governing body
6345and the developer, subject to a public hearing in accordance
6346with s. 163.3225. No development agreement shall be effective or
6347be implemented by a local government unless the local
6348government's comprehensive plan and plan amendments implementing
6349or related to the agreement are found in compliance by the state
6350land planning agency in accordance with s. 163.3184, s.
6351163.3187, or s. 163.3189.
6352     Section 24.  Section 163.3235, Florida Statutes, is amended
6353to read:
6354     163.3235  Periodic review of a development agreement.-A
6355local government shall review land subject to a development
6356agreement at least once every 12 months to determine if there
6357has been demonstrated good faith compliance with the terms of
6358the development agreement. For each annual review conducted
6359during years 6 through 10 of a development agreement, the review
6360shall be incorporated into a written report which shall be
6361submitted to the parties to the agreement and the state land
6362planning agency. The state land planning agency shall adopt
6363rules regarding the contents of the report, provided that the
6364report shall be limited to the information sufficient to
6365determine the extent to which the parties are proceeding in good
6366faith to comply with the terms of the development agreement. If
6367the local government finds, on the basis of substantial
6368competent evidence, that there has been a failure to comply with
6369the terms of the development agreement, the agreement may be
6370revoked or modified by the local government.
6371     Section 25.  Section 163.3239, Florida Statutes, is amended
6372to read:
6373     163.3239  Recording and effectiveness of a development
6374agreement.-Within 14 days after a local government enters into a
6375development agreement, the local government shall record the
6376agreement with the clerk of the circuit court in the county
6377where the local government is located. A copy of the recorded
6378development agreement shall be submitted to the state land
6379planning agency within 14 days after the agreement is recorded.
6380A development agreement shall not be effective until it is
6381properly recorded in the public records of the county and until
638230 days after having been received by the state land planning
6383agency pursuant to this section. The burdens of the development
6384agreement shall be binding upon, and the benefits of the
6385agreement shall inure to, all successors in interest to the
6386parties to the agreement.
6387     Section 26.  Section 163.3243, Florida Statutes, is amended
6388to read:
6389     163.3243  Enforcement.-Any party or, any aggrieved or
6390adversely affected person as defined in s. 163.3215(2), or the
6391state land planning agency may file an action for injunctive
6392relief in the circuit court where the local government is
6393located to enforce the terms of a development agreement or to
6394challenge compliance of the agreement with the provisions of ss.
6395163.3220-163.3243.
6396     Section 27.  Section 163.3245, Florida Statutes, is amended
6397to read:
6398     163.3245  Optional Sector plans.-
6399     (1)  In recognition of the benefits of conceptual long-
6400range planning for the buildout of an area, and detailed
6401planning for specific areas, as a demonstration project, the
6402requirements of s. 380.06 may be addressed as identified by this
6403section for up to five local governments or combinations of
6404local governments may which adopt into their the comprehensive
6405plans plan an optional sector plan in accordance with this
6406section. This section is intended to promote and encourage long-
6407term planning for conservation, development, and agriculture on
6408a landscape scale; to further the intent of s. 163.3168
6409163.3177(11), which supports innovative and flexible planning
6410and development strategies, and the purposes of this part, and
6411part I of chapter 380 to facilitate protection of regionally
6412significant natural resources, including water courses and
6413wildlife corridors;, and to avoid duplication of effort in terms
6414of the level of data and analysis required for a development of
6415regional impact, while ensuring the adequate mitigation of
6416impacts to applicable state and regional resources and
6417facilities, including those within the jurisdiction of other
6418local governments, as would otherwise be provided. Optional
6419Sector plans are intended for substantial geographic areas that
6420include including at least 15,000 5,000 acres of one or more
6421local governmental jurisdictions and are to emphasize urban form
6422and protection of state and regionally significant resources and
6423public facilities. The state land planning agency may approve
6424optional sector plans of less than 5,000 acres based on local
6425circumstances if it is determined that the plan would further
6426the purposes of this part and part I of chapter 380. Preparation
6427of an optional sector plan is authorized by agreement between
6428the state land planning agency and the applicable local
6429governments under s. 163.3171(4). An optional sector plan may be
6430adopted through one or more comprehensive plan amendments under
6431s. 163.3184. However, an optional A sector plan may not be
6432adopted authorized in an area of critical state concern.
6433     (2)  Upon the request of a local government with
6434jurisdiction, The state land planning agency may enter into an
6435agreement to authorize preparation of an optional sector plan
6436upon the request of one or more local governments based on
6437consideration of problems and opportunities presented by
6438existing development trends; the effectiveness of current
6439comprehensive plan provisions; the potential to further the
6440state comprehensive plan, applicable strategic regional policy
6441plans, this part, and part I of chapter 380; and those factors
6442identified by s. 163.3177(10)(i). the applicable regional
6443planning council shall conduct a scoping meeting with affected
6444local governments and those agencies identified in s.
6445163.3184(1)(c)(4) before preparation of the sector plan
6446execution of the agreement authorized by this section. The
6447purpose of this meeting is to assist the state land planning
6448agency and the local government in the identification of the
6449relevant planning issues to be addressed and the data and
6450resources available to assist in the preparation of the sector
6451plan subsequent plan amendments. In the event that a scoping
6452meeting is conducted, the regional planning council shall make
6453written recommendations to the state land planning agency and
6454affected local governments, on the issues requested by the local
6455government. The scoping meeting shall be noticed and open to the
6456public. In the event that the entire planning area proposed for
6457the sector plan is within the jurisdiction of two or more local
6458governments, some or all of them may enter into a joint planning
6459agreement pursuant to s. 163.3171 with respect to including
6460whether a sustainable sector plan would be appropriate. The
6461agreement must define the geographic area to be subject to the
6462sector plan, the planning issues that will be emphasized,
6463procedures requirements for intergovernmental coordination to
6464address extrajurisdictional impacts, supporting application
6465materials including data and analysis, and procedures for public
6466participation, or other issues. An agreement may address
6467previously adopted sector plans that are consistent with the
6468standards in this section. Before executing an agreement under
6469this subsection, the local government shall hold a duly noticed
6470public workshop to review and explain to the public the optional
6471sector planning process and the terms and conditions of the
6472proposed agreement. The local government shall hold a duly
6473noticed public hearing to execute the agreement. All meetings
6474between the department and the local government must be open to
6475the public.
6476     (3)  Optional Sector planning encompasses two levels:
6477adoption pursuant to under s. 163.3184 of a conceptual long-term
6478master plan for the entire planning area as part of the
6479comprehensive plan, and adoption by local development order of
6480two or more buildout overlay to the comprehensive plan, having
6481no immediate effect on the issuance of development orders or the
6482applicability of s. 380.06, and adoption under s. 163.3184 of
6483detailed specific area plans that implement the conceptual long-
6484term master plan buildout overlay and authorize issuance of
6485development orders, and within which s. 380.06 is waived. Until
6486such time as a detailed specific area plan is adopted, the
6487underlying future land use designations apply.
6488     (a)  In addition to the other requirements of this chapter,
6489a long-term master plan pursuant to this section conceptual
6490long-term buildout overlay must include maps, illustrations, and
6491text supported by data and analysis to address the following:
6492     1.  A long-range conceptual framework map that, at a
6493minimum, generally depicts identifies anticipated areas of
6494urban, agricultural, rural, and conservation land use;
6495identifies allowed uses in various parts of the planning area;
6496specifies maximum and minimum densities and intensities of use;
6497and provides the conceptual framework for the development
6498pattern in developed areas with graphic illustrations based on a
6499hierarchy of places and functional place-making components.
6500     2.  A general identification of the water supplies needed
6501and available sources of water, including water resource
6502development and water supply development projects, and water
6503conservation measures needed to meet the projected demand of the
6504future land uses in the long-term master plan.
6505     3.  A general identification of the transportation
6506facilities to serve the future land uses in the long-term master
6507plan, including guidelines to be used to establish each modal
6508component intended to optimize mobility.
6509     4.2.  A general identification of other state or regionally
6510significant public facilities consistent with chapter 9J-2,
6511Florida Administrative Code, irrespective of local governmental
6512jurisdiction necessary to support buildout of the anticipated
6513future land uses, which may include central utilities provided
6514on-site within the planning area, and policies setting forth the
6515procedures to be used to mitigate the impacts of future land
6516uses on public facilities.
6517     5.3.  A general identification of state or regionally
6518significant natural resources within the planning area and
6519policies setting forth the procedures for protection or
6520conservation of specific resources consistent with the overall
6521conservation and development strategy for the planning area
6522consistent with chapter 9J-2, Florida Administrative Code.
6523     6.4.  General principles and guidelines addressing that
6524address the urban form and the interrelationships of anticipated
6525future land uses; the protection and, as appropriate,
6526restoration and management of lands identified for permanent
6527preservation; conservation easements pursuant to s. 704.06; and
6528a discussion, at the applicant's option, of the extent, if any,
6529to which the plan will address restoring key ecosystems,
6530achieving a more clean, healthy environment;, limiting urban
6531sprawl; providing a range of housing types;, protecting wildlife
6532and natural areas;, advancing the efficient use of land and
6533other resources;, and creating quality communities of a design
6534that promotes travel by multiple transportation modes; and
6535enhancing the prospects for the creation of jobs.
6536     7.5.  Identification of general procedures and policies to
6537facilitate ensure intergovernmental coordination to address
6538extrajurisdictional impacts from the future land uses long-range
6539conceptual framework map.
6540
6541A long-term master plan adopted pursuant to this paragraph may
6542be based upon a planning period longer than the generally
6543applicable planning period of the local comprehensive plan,
6544shall specify the projected population within the planning area
6545during the chosen planning period, and may include a phasing or
6546staging schedule that allocates a portion of the local
6547government's future growth to the planning area through the
6548planning period. It shall not be a requirement for a long-term
6549master plan adopted pursuant to this section to demonstrate need
6550based upon projected population growth or on any other basis.
6551     (b)  In addition to the other requirements of this chapter,
6552including those in paragraph (a), the detailed specific area
6553plans shall be consistent with and implement the long-term
6554master plan and must include conditions and commitments which
6555provide for:
6556     1.  Development or conservation of an area of adequate size
6557to accommodate a level of development which achieves a
6558functional relationship between a full range of land uses within
6559the area and to encompass at least 1,000 acres consistent with
6560the long-term master plan. The local government state land
6561planning agency may approve detailed specific area plans of less
6562than 1,000 acres based on local circumstances if it is
6563determined that the detailed specific area plan furthers the
6564purposes of this part and part I of chapter 380.
6565     2.  Detailed identification and analysis of the maximum and
6566minimum densities and intensities of use and the distribution,
6567extent, and location of future land uses.
6568     3.  Detailed identification of water resource development
6569and water supply development projects and related infrastructure
6570and water conservation measures to address water needs of
6571development in the detailed specific area plan.
6572     4.  Detailed identification of the transportation
6573facilities to serve the future land uses in the detailed
6574specific area plan.
6575     5.3.  Detailed identification of other state or regionally
6576significant public facilities, including public facilities
6577outside the jurisdiction of the host local government,
6578anticipated impacts of future land uses on those facilities, and
6579required improvements consistent with the long-term master plan
6580chapter 9J-2, Florida Administrative Code.
6581     6.4.  Public facilities necessary to serve development in
6582the detailed specific area plan for the short term, including
6583developer contributions in a financially feasible 5-year capital
6584improvement schedule of the affected local government.
6585     7.5.  Detailed analysis and identification of specific
6586measures to assure the protection or conservation of lands
6587identified in the long-term master plan to be permanently
6588preserved and, as appropriate, restored or managed, of
6589regionally significant natural resources and other important
6590resources both within and outside the host jurisdiction,
6591including those regionally significant resources identified in
6592chapter 9J-2, Florida Administrative Code.
6593     8.6.  Detailed principles and guidelines addressing that
6594address the urban form and the interrelationships of anticipated
6595future land uses; and a discussion, at the applicant's option,
6596of the extent, if any, to which the plan will address restoring
6597key ecosystems, achieving a cleaner, healthier more clean,
6598healthy environment;, limiting urban sprawl; providing a range
6599of housing types;, protecting wildlife and natural areas;,
6600advancing the efficient use of land and other resources;, and
6601creating quality communities of a design that promotes travel by
6602multiple transportation modes; and enhancing the prospects for
6603the creation of jobs.
6604     9.7.  Identification of specific procedures to facilitate
6605ensure intergovernmental coordination to address
6606extrajurisdictional impacts from of the detailed specific area
6607plan.
6608
6609A detailed specific area plan adopted by local development order
6610pursuant to this paragraph may be based upon a planning period
6611longer than the generally applicable planning period of the
6612local comprehensive plan and shall specify the projected
6613population within the specific planning area during the chosen
6614planning period. It shall not be a requirement for a long-term
6615master plan adopted pursuant to this section to demonstrate need
6616based upon projected population growth or on any other basis.
6617     (c)  Notwithstanding the limitations on comments of
6618agencies in s. 163.3184, in its review of a long-term master
6619plan, the state land planning agency shall consult with the
6620Department of Agriculture and Consumer Services, the Department
6621of Environmental Protection, the Fish and Wildlife Conservation
6622Commission, and the applicable water management district may
6623comment on the design of areas for protection and conservation
6624of state or regionally significant natural resources and for the
6625protection by conservation easements pursuant to s. 704.06, or
6626other methods and, as appropriate, restoration and management of
6627lands identified for permanent preservation.
6628     (d)  Notwithstanding the limitations on comments of
6629agencies in s. 163.3184, in its review of a long-term master
6630plan, the state land planning agency shall consult with the
6631Department of Transportation, the applicable metropolitan
6632planning organization, and any urban transit agency regarding
6633the location, capacity, design, and phasing or staging of major
6634transportation facilities in the planning area.
6635     (e)  The local government must transmit the detail specific
6636area plan development order to the state land planning agency.
6637The state land planning agency may initiate a civil action
6638pursuant to s. 163.3215 with respect to a detailed specific area
6639plan that is not consistent with a long-term master plan adopted
6640pursuant to this section. For purposes of such a proceeding, the
6641state land planning agency shall be deemed an aggrieved and
6642adversely affected party. Regardless of whether the local
6643government has adopted an ordinance that establishes a local
6644process which meets the requirements of s. 163.3215(4), judicial
6645review of a detailed specific area plan initiated by the state
6646land planning agency shall be de novo pursuant to s. 163.3215(3)
6647and not by petition for writ of certiorari pursuant to s.
6648163.3215(4). Any other aggrieved or adversely affected party
6649shall be subject to s. 163.3215 in all respects when initiating
6650a consistency challenge to a detailed specific area plan.
6651     (f)(c)  This subsection does may not be construed to
6652prevent preparation and approval of the optional sector plan and
6653detailed specific area plan concurrently or in the same
6654submission.
6655     (4)  Upon the long-term master plan becoming legally
6656effective:
6657     (a)  Any long-range transportation plan developed by a
6658metropolitan planning organization pursuant to s. 339.175(7)
6659must be consistent, to the maximum extent feasible, with the
6660long-term master plan, including but not limited to the
6661projected population, the approved use and densities and
6662intensities of use and their distribution within the planning
6663area. The transportation facilities identified in adopted plans
6664pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
6665developed in coordination with the adopted metropolitan planning
6666organization long-range transportation plan.
6667     (b)  The water needs, sources, and water resource
6668development and water supply development projects identified in
6669adopted plans pursuant to sub-subparagraphs (3)(a)2. and
6670(3)(b)3. shall be incorporated into the applicable district and
6671regional water supply plans adopted in accordance with ss.
6672373.036 and 373.079. Accordingly, and notwithstanding the permit
6673durations stated in s. 373.236, an applicant may request and the
6674applicable district may issue consumptive use permits for
6675durations commensurate with the long-term master plan. The
6676permitting criteria in s. 373.223 shall be applied based upon
6677the projected population and the approved densities and
6678intensities of use and their distribution in the long-term
6679master plan. However, nothing in this paragraph shall be
6680interpreted to supersede the public interest test set forth in
6681s. 373.223. The host local government shall submit a monitoring
6682report to the state land planning agency and applicable regional
6683planning council on an annual basis after adoption of a detailed
6684specific area plan. The annual monitoring report must provide
6685summarized information on development orders issued, development
6686that has occurred, public facility improvements made, and public
6687facility improvements anticipated over the upcoming 5 years.
6688     (5)  When a plan amendment adopting a detailed specific
6689area plan has become effective for a portion of the planning
6690area governed by a long-term master plan adopted pursuant to
6691this section under ss. 163.3184 and 163.3189(2), the provisions
6692of s. 380.06 do not apply to development within the geographic
6693area of the detailed specific area plan. However, any
6694development-of-regional-impact development order that is vested
6695from the detailed specific area plan may be enforced pursuant to
6696under s. 380.11.
6697     (a)  The local government adopting the detailed specific
6698area plan is primarily responsible for monitoring and enforcing
6699the detailed specific area plan. Local governments shall not
6700issue any permits or approvals or provide any extensions of
6701services to development that are not consistent with the
6702detailed specific sector area plan.
6703     (b)  If the state land planning agency has reason to
6704believe that a violation of any detailed specific area plan, or
6705of any agreement entered into under this section, has occurred
6706or is about to occur, it may institute an administrative or
6707judicial proceeding to prevent, abate, or control the conditions
6708or activity creating the violation, using the procedures in s.
6709380.11.
6710     (c)  In instituting an administrative or judicial
6711proceeding involving an optional sector plan or detailed
6712specific area plan, including a proceeding pursuant to paragraph
6713(b), the complaining party shall comply with the requirements of
6714s. 163.3215(4), (5), (6), and (7), except as provided by
6715paragraph (3)(e).
6716     (d)  The detailed specific area plan shall establish a
6717buildout date until which the approved development shall not be
6718subject to downzoning, unit density reduction, or intensity
6719reduction, unless the local government can demonstrate that
6720implementation of the plan is not continuing in good faith based
6721on standards established by plan policy, or that substantial
6722changes in the conditions underlying the approval of the
6723detailed specific area plan have occurred, or that the detailed
6724specific area plan was based on substantially inaccurate
6725information provided by the applicant, or that the change is
6726clearly established to be essential to the public health,
6727safety, or welfare.
6728     (6)  Concurrent with or subsequent to review and adoption
6729of a long-term master plan pursuant to paragraph (3)(a), an
6730applicant may apply for master development approval pursuant to
6731s. 380.06(21) for the entire planning area in order to establish
6732a buildout date until which the approved uses and densities and
6733intensities of use of the master plan shall not be subject to
6734downzoning, unit density reduction, or intensity reduction,
6735unless the local government can demonstrate that implementation
6736of the master plan is not continuing in good faith based on
6737standards established by plan policy, or that substantial
6738changes in the conditions underlying the approval of the master
6739plan have occurred, or that the master plan was based on
6740substantially inaccurate information provided by the applicant,
6741or that change is clearly established to be essential to the
6742public health, safety, or welfare. Review of the application for
6743master development approval shall be at a level of detail
6744appropriate for the long-term and conceptual nature of the long-
6745term master plan and, to the maximum extent possible, shall only
6746consider information provided in the application for a long-term
6747master plan. Notwithstanding any provision of s. 380.06 to the
6748contrary, an increment of development in such an approved master
6749development plan shall be approved by a detailed specific area
6750plan pursuant to paragraph (3)(b) and shall be exempt from
6751review pursuant to s 380.06.
6752     (6)  Beginning December 1, 1999, and each year thereafter,
6753the department shall provide a status report to the Legislative
6754Committee on Intergovernmental Relations regarding each optional
6755sector plan authorized under this section.
6756     (7)  A developer within an area subject to a long-term
6757master plan that meets the requirements of paragraph (3)(a) and
6758subsection (6) or a detailed specific area plan which meets the
6759requirements of paragraph (3)(b) may enter into a development
6760agreement with a local government pursuant to ss. 163.3220-
6761163.3243. The duration of such a development agreement may be
6762through the planning period of the long-term master plan or the
6763detailed specific area plan, as the case may be, notwithstanding
6764the limit on the duration of a development agreement pursuant to
6765s. 163.3229.
6766     (8)  Any owner of property within the planning area of a
6767proposed long-term master plan may withdraw his consent to the
6768master plan at any time prior to local government adoption, and
6769the local government shall exclude such parcels from the adopted
6770master plan. Thereafter, the long-term master plan, any detailed
6771specific area plan, and the exemption from development-of-
6772regional-impact review under this section shall not apply to the
6773subject parcels. After adoption of a long-term master plan, an
6774owner may withdraw his or her property from the master plan only
6775with the approval of the local government by plan amendment.
6776     (9)  The adoption of a long-term master plan or a detailed
6777specific area plan pursuant to this section shall not limit the
6778right to continue existing agricultural or silvicultural uses or
6779other natural resource-based operations or to establish similar
6780new uses that are consistent with the plans approved pursuant to
6781this section.
6782     (10)  Notwithstanding any provision to the contrary of s.
6783380.06, part II of chapter 163, or any planning agreement or
6784plan policy, a landowner or developer who has received approval
6785of a master development of regional impact development order
6786pursuant to s. 380.06(21) may apply to implement this order by
6787filing one or more applications to approve a detailed specific
6788area plan pursuant to paragraph (3)(b).
6789     (11)  Notwithstanding the provisions of this act, a
6790detailed specific area plan to implement a conceptual long-term
6791buildout overlay, adopted by a local government and found in
6792compliance before July 1, 2011, shall be governed by the
6793provisions of this section.
6794     (12)(7)  This section may not be construed to abrogate the
6795rights of any person under this chapter.
6796     Section 28.  Sections 163.3246, 163.32465, and 163.3247,
6797Florida Statutes, are repealed.
6798     Section 29.  Section 163.3248, Florida Statutes, is created
6799to read:
6800     163.3248  Rural land stewardship areas.-
6801     (1)  Rural land stewardship areas are designed to establish
6802a long-term incentive based strategy to balance and guide the
6803allocation of land so as to accommodate future land uses in a
6804manner that protects the natural environment, stimulate economic
6805growth and diversification, and encourage the retention of land
6806for agriculture and other traditional rural land uses.
6807     (2)  Upon written request by one or more landowners to
6808designate lands as a rural land stewardship area, or pursuant to
6809a private sector initiated comprehensive plan amendment local
6810governments may adopt a future land use overlay to designate all
6811or portions of lands classified in the future land use element
6812as predominantly agricultural, rural, open, open-rural, or a
6813substantively equivalent land use, as a rural land stewardship
6814area within which planning and economic incentives are applied
6815to encourage the implementation of innovative and flexible
6816planning and development strategies and creative land use
6817planning techniques to support a diverse economic and employment
6818base.
6819     (3)  Rural land stewardship areas may be used to further
6820the following broad principles of rural sustainability:
6821restoration and maintenance of the economic value of rural land;
6822control of urban sprawl; identification and protection of
6823ecosystems, habitats, and natural resources; promotion and
6824diversification of economic activity and employment
6825opportunities within the rural areas; maintenance of the
6826viability of the state's agricultural economy; and protection of
6827private property rights in rural areas of the state. Rural land
6828stewardship areas may be multicounty in order to encourage
6829coordinated regional stewardship planning.
6830     (4)  A local government or one or more property owners may
6831request assistance in participation of the development of a plan
6832for the rural land stewardship area from the state land planning
6833agency, the Department of Agriculture and Consumer Services, the
6834Fish and Wildlife Conservation Commission, the Department of
6835Environmental Protection, the appropriate water management
6836district, the Department of Transportation, the regional
6837planning council, private land owners, and stakeholders.
6838     (5)  A rural land stewardship area shall be not less than
683910,000 acres and shall be located outside of municipalities and
6840established urban service areas, and shall be designated by plan
6841amendment by each local government with jurisdiction over the
6842rural land stewardship area. The plan amendment or amendments
6843designating a rural land stewardship area shall be subject to
6844review pursuant to s. 163.3184 and shall provide for the
6845following:
6846     (a)  Criteria for the designation of receiving areas which
6847shall at a minimum provide for the following: adequacy of
6848suitable land to accommodate development so as to avoid conflict
6849with significant environmentally sensitive areas, resources, and
6850habitats; compatibility between and transition from higher
6851density uses to lower intensity rural uses; and the
6852establishment of receiving area service boundaries which provide
6853for a transition from receiving areas and other land uses within
6854the rural land stewardship area through limitations on the
6855extension of services.
6856     (b)  Innovative planning and development strategies to be
6857applied within rural land stewardship areas pursuant to the
6858provisions of this section.
6859     (c)  A process for the implementation of innovative
6860planning and development strategies within the rural land
6861stewardship area, including those described in this subsection,
6862which provide for a functional mix of land uses through the
6863adoption by the local government of zoning and land development
6864regulations applicable to the rural land stewardship area.
6865     (d)  A mix of densities and intensities that would not be
6866characterized as urban sprawl through the use of innovative
6867strategies and creative land use techniques.
6868     (6)  A receiving area may only be designated pursuant to
6869procedures established in the local government's land
6870development regulations. At the time of designation of a
6871stewardship receiving area, a listed species survey will be
6872performed. If listed species occur on the receiving area site,
6873the applicant shall coordinate with each appropriate local,
6874state, or federal agency to determine if adequate provisions
6875have been made to protect those species in accordance with
6876applicable regulations. In determining the adequacy of
6877provisions for the protection of listed species and their
6878habitats, the rural land stewardship area shall be considered as
6879a whole, and the potential impacts and protective measures taken
6880within areas to be developed as receiving areas shall be
6881considered in conjunction with the substantial benefits derived
6882from lands set aside and protective measures taken outside of
6883the designation of receiving areas.
6884     (7)  Upon the adoption of a plan amendment creating a rural
6885land stewardship area, the local government shall, by ordinance,
6886establish a rural land stewardship overlay zoning district,
6887which shall provide the methodology for the creation,
6888conveyance, and use of transferable rural land use credits,
6889hereinafter referred to as stewardship credits, the assignment
6890and application of which shall not constitute a right to develop
6891land, nor increase density of land, except as provided by this
6892section. The total amount of stewardship credits within the
6893rural land stewardship area must enable the realization of the
6894long-term vision and goals for the rural land stewardship area,
6895which may take into consideration the anticipated effect of the
6896proposed receiving areas. The estimated amount of receiving area
6897shall be projected based on available data and the development
6898potential represented by the stewardship credits created within
6899the rural land stewardship area must correlate to that amount.
6900     (8)  Stewardship credits are subject to the following
6901limitations:
6902     (a)  Stewardship credits may only exist within a rural land
6903stewardship area.
6904     (b)  Stewardship credits may only be created from lands
6905designated as stewardship sending areas and may only be used on
6906lands designated as stewardship receiving areas and then solely
6907for the purpose of implementing innovative planning and
6908development strategies and creative land use planning techniques
6909adopted by the local government pursuant to this section.
6910     (c)  Stewardship credits assigned to a parcel of land
6911within a rural land stewardship area shall cease to exist if the
6912parcel of land is removed from the rural land stewardship area
6913by plan amendment.
6914     (d)  Neither the creation of the rural land stewardship
6915area by plan amendment nor the adoption of the rural land
6916stewardship zoning overlay district by the local government
6917shall displace the underlying permitted uses, density or
6918intensity of land uses assigned to a parcel of land within the
6919rural land stewardship area that existed before adoption of the
6920plan amendment or zoning overlay district; however, once
6921stewardship credits have been transferred from a designated
6922sending area for use within a designated receiving area, the
6923underlying density assigned to the designated sending area shall
6924cease to exist.
6925     (e)  The underlying permitted uses, density, or intensity
6926on each parcel of land located within a rural land stewardship
6927area shall not be increased or decreased by the local
6928government, except as a result of the conveyance or stewardship
6929credits, as long as the parcel remains within the rural land
6930stewardship area.
6931     (f)  Stewardship credits shall cease to exist on a parcel
6932of land where the underlying density assigned to the parcel of
6933land is used.
6934     (g)  An increase in the density or intensity of use on a
6935parcel of land located within a designated receiving area may
6936occur only through the assignment or use of stewardship credits
6937and shall not require a plan amendment. A change in the type of
6938agricultural use on property within a rural land stewardship
6939area shall not be considered a change in use or intensity of use
6940and shall not require any transfer of stewardship credits.
6941     (h)  A change in the density or intensity of land use on
6942parcels located within receiving areas shall be specified in a
6943development order which reflects the total number of stewardship
6944credits assigned to the parcel of land and the infrastructure
6945and support services necessary to provide for a functional mix
6946of land uses corresponding to the plan of development.
6947     (i)  Land within a rural land stewardship area may be
6948removed from the rural land stewardship area through a plan
6949amendment.
6950     (j)  Stewardship credits may be assigned at different
6951ratios of credits per acre according to the natural resource or
6952other beneficial use characteristics of the land and according
6953to the land use remaining following the transfer of credits,
6954with the highest number of credits per acre assigned to the most
6955environmentally valuable land or, in locations where the
6956retention of open space and agricultural land is a priority, to
6957such lands.
6958     (k)  The use or conveyance of stewardship credits must be
6959recorded in the public records of the county in which the
6960property is located as a covenant or restrictive easement
6961running with the land in favor of the county and either the
6962Department of Environmental Protection, Department of
6963Agriculture and Consumer Services, a water management district,
6964or a recognized statewide land trust.
6965     (9)  Owners of land within rural land stewardship sending
6966areas should be provided other incentives, in addition to the
6967use or conveyance of stewardship credits, to enter into rural
6968land stewardship agreements, pursuant to existing law and rules
6969adopted thereto, with state agencies, water management
6970districts, the Fish and Wildlife Conservation Commission, and
6971local governments to achieve mutually agreed upon objectives.
6972Such incentives may include, but not be limited to, the
6973following:
6974     (a)  Opportunity to accumulate transferable wetland and
6975species habitat mitigation credits for use or sale.
6976     (b)  Extended permit agreements.
6977     (c)  Opportunities for recreational leases and ecotourism.
6978     (d)  Compensation for the achievement of specified land
6979management activities of public benefit, including, but not
6980limited to, facility siting and corridors, recreational leases,
6981water conservation and storage, water reuse, wastewater
6982recycling, water supply and water resource development, nutrient
6983reduction, environmental restoration and mitigation, public
6984recreation, listed species protection and recovery, and wildlife
6985corridor management and enhancement.
6986     (e)  Option agreements for sale to public entities or
6987private land conservation entities, in either fee or easement,
6988upon achievement of specified conservation objectives.
6989     (10)  The provisions of paragraph (9)(d) constitute an
6990overlay of land use options that provide economic and regulatory
6991incentives for landowners outside of established and planned
6992urban service areas to conserve and manage vast areas of land
6993for the benefit of the state's citizens and natural environment
6994while maintaining and enhancing the asset value of their
6995landholdings. It is the intent of the Legislature that the
6996provisions of this section be implemented pursuant to law and
6997rulemaking is not authorized.
6998     Section 30.  Paragraph (a) of subsection (2) of section
6999163.360, Florida Statutes, is amended to read:
7000     163.360  Community redevelopment plans.-
7001     (2)  The community redevelopment plan shall:
7002     (a)  Conform to the comprehensive plan for the county or
7003municipality as prepared by the local planning agency under the
7004Community Local Government Comprehensive Planning and Land
7005Development Regulation Act.
7006     Section 31.  Paragraph (a) of subsection (3) and subsection
7007(8) of section 163.516, Florida Statutes, are amended to read:
7008     163.516  Safe neighborhood improvement plans.-
7009     (3)  The safe neighborhood improvement plan shall:
7010     (a)  Be consistent with the adopted comprehensive plan for
7011the county or municipality pursuant to the Community Local
7012Government Comprehensive Planning and Land Development
7013Regulation Act. No district plan shall be implemented unless the
7014local governing body has determined said plan is consistent.
7015     (8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7016the governing body of a municipality or county shall hold two
7017public hearings to consider the board-adopted safe neighborhood
7018improvement plan as an amendment or modification to the
7019municipality's or county's adopted local comprehensive plan.
7020     Section 32.  Paragraph (f) of subsection (6), subsection
7021(9), and paragraph (c) of subsection (11) of section 171.203,
7022Florida Statutes, are amended to read:
7023     171.203  Interlocal service boundary agreement.-The
7024governing body of a county and one or more municipalities or
7025independent special districts within the county may enter into
7026an interlocal service boundary agreement under this part. The
7027governing bodies of a county, a municipality, or an independent
7028special district may develop a process for reaching an
7029interlocal service boundary agreement which provides for public
7030participation in a manner that meets or exceeds the requirements
7031of subsection (13), or the governing bodies may use the process
7032established in this section.
7033     (6)  An interlocal service boundary agreement may address
7034any issue concerning service delivery, fiscal responsibilities,
7035or boundary adjustment. The agreement may include, but need not
7036be limited to, provisions that:
7037     (f)  Establish a process for land use decisions consistent
7038with part II of chapter 163, including those made jointly by the
7039governing bodies of the county and the municipality, or allow a
7040municipality to adopt land use changes consistent with part II
7041of chapter 163 for areas that are scheduled to be annexed within
7042the term of the interlocal agreement; however, the county
7043comprehensive plan and land development regulations shall
7044control until the municipality annexes the property and amends
7045its comprehensive plan accordingly. Comprehensive plan
7046amendments to incorporate the process established by this
7047paragraph are exempt from the twice-per-year limitation under s.
7048163.3187.
7049     (9)  Each local government that is a party to the
7050interlocal service boundary agreement shall amend the
7051intergovernmental coordination element of its comprehensive
7052plan, as described in s. 163.3177(6)(h)1., no later than 6
7053months following entry of the interlocal service boundary
7054agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7055required by this subsection are exempt from the twice-per-year
7056limitation under s. 163.3187.
7057     (11)
7058     (c)  Any amendment required by paragraph (a) is exempt from
7059the twice-per-year limitation under s. 163.3187.
7060     Section 33.  Section 186.513, Florida Statutes, is amended
7061to read:
7062     186.513  Reports.-Each regional planning council shall
7063prepare and furnish an annual report on its activities to the
7064state land planning agency as defined in s. 163.3164(20) and the
7065local general-purpose governments within its boundaries and,
7066upon payment as may be established by the council, to any
7067interested person. The regional planning councils shall make a
7068joint report and recommendations to appropriate legislative
7069committees.
7070     Section 34.  Section 186.515, Florida Statutes, is amended
7071to read:
7072     186.515  Creation of regional planning councils under
7073chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7074186.515 is intended to repeal or limit the provisions of chapter
7075163; however, the local general-purpose governments serving as
7076voting members of the governing body of a regional planning
7077council created pursuant to ss. 186.501-186.507, 186.513, and
7078186.515 are not authorized to create a regional planning council
7079pursuant to chapter 163 unless an agency, other than a regional
7080planning council created pursuant to ss. 186.501-186.507,
7081186.513, and 186.515, is designated to exercise the powers and
7082duties in any one or more of ss. 163.3164(19) and 380.031(15);
7083in which case, such a regional planning council is also without
7084authority to exercise the powers and duties in s. 163.3164(19)
7085or s. 380.031(15).
7086     Section 35.  Subsection (1) of section 189.415, Florida
7087Statutes, is amended to read:
7088     189.415  Special district public facilities report.-
7089     (1)  It is declared to be the policy of this state to
7090foster coordination between special districts and local general-
7091purpose governments as those local general-purpose governments
7092develop comprehensive plans under the Community Local Government
7093Comprehensive Planning and Land Development Regulation Act,
7094pursuant to part II of chapter 163.
7095     Section 36.  Subsection (3) of section 190.004, Florida
7096Statutes, is amended to read:
7097     190.004  Preemption; sole authority.-
7098     (3)  The establishment of an independent community
7099development district as provided in this act is not a
7100development order within the meaning of chapter 380. All
7101governmental planning, environmental, and land development laws,
7102regulations, and ordinances apply to all development of the land
7103within a community development district. Community development
7104districts do not have the power of a local government to adopt a
7105comprehensive plan, building code, or land development code, as
7106those terms are defined in the Community Local Government
7107Comprehensive Planning and Land Development Regulation Act. A
7108district shall take no action which is inconsistent with
7109applicable comprehensive plans, ordinances, or regulations of
7110the applicable local general-purpose government.
7111     Section 37.  Paragraph (a) of subsection (1) of section
7112190.005, Florida Statutes, is amended to read:
7113     190.005  Establishment of district.-
7114     (1)  The exclusive and uniform method for the establishment
7115of a community development district with a size of 1,000 acres
7116or more shall be pursuant to a rule, adopted under chapter 120
7117by the Florida Land and Water Adjudicatory Commission, granting
7118a petition for the establishment of a community development
7119district.
7120     (a)  A petition for the establishment of a community
7121development district shall be filed by the petitioner with the
7122Florida Land and Water Adjudicatory Commission. The petition
7123shall contain:
7124     1.  A metes and bounds description of the external
7125boundaries of the district. Any real property within the
7126external boundaries of the district which is to be excluded from
7127the district shall be specifically described, and the last known
7128address of all owners of such real property shall be listed. The
7129petition shall also address the impact of the proposed district
7130on any real property within the external boundaries of the
7131district which is to be excluded from the district.
7132     2.  The written consent to the establishment of the
7133district by all landowners whose real property is to be included
7134in the district or documentation demonstrating that the
7135petitioner has control by deed, trust agreement, contract, or
7136option of 100 percent of the real property to be included in the
7137district, and when real property to be included in the district
7138is owned by a governmental entity and subject to a ground lease
7139as described in s. 190.003(14), the written consent by such
7140governmental entity.
7141     3.  A designation of five persons to be the initial members
7142of the board of supervisors, who shall serve in that office
7143until replaced by elected members as provided in s. 190.006.
7144     4.  The proposed name of the district.
7145     5.  A map of the proposed district showing current major
7146trunk water mains and sewer interceptors and outfalls if in
7147existence.
7148     6.  Based upon available data, the proposed timetable for
7149construction of the district services and the estimated cost of
7150constructing the proposed services. These estimates shall be
7151submitted in good faith but shall not be binding and may be
7152subject to change.
7153     7.  A designation of the future general distribution,
7154location, and extent of public and private uses of land proposed
7155for the area within the district by the future land use plan
7156element of the effective local government comprehensive plan of
7157which all mandatory elements have been adopted by the applicable
7158general-purpose local government in compliance with the
7159Community Local Government Comprehensive Planning and Land
7160Development Regulation Act.
7161     8.  A statement of estimated regulatory costs in accordance
7162with the requirements of s. 120.541.
7163     Section 38.  Paragraph (i) of subsection (6) of section
7164193.501, Florida Statutes, is amended to read:
7165     193.501  Assessment of lands subject to a conservation
7166easement, environmentally endangered lands, or lands used for
7167outdoor recreational or park purposes when land development
7168rights have been conveyed or conservation restrictions have been
7169covenanted.-
7170     (6)  The following terms whenever used as referred to in
7171this section have the following meanings unless a different
7172meaning is clearly indicated by the context:
7173     (i)  "Qualified as environmentally endangered" means land
7174that has unique ecological characteristics, rare or limited
7175combinations of geological formations, or features of a rare or
7176limited nature constituting habitat suitable for fish, plants,
7177or wildlife, and which, if subject to a development moratorium
7178or one or more conservation easements or development
7179restrictions appropriate to retaining such land or water areas
7180predominantly in their natural state, would be consistent with
7181the conservation, recreation and open space, and, if applicable,
7182coastal protection elements of the comprehensive plan adopted by
7183formal action of the local governing body pursuant to s.
7184163.3161, the Community Local Government Comprehensive Planning
7185and Land Development Regulation Act; or surface waters and
7186wetlands, as determined by the methodology ratified in s.
7187373.4211.
7188     Section 39.  Subsection (15) of section 287.042, Florida
7189Statutes, is amended to read:
7190     287.042  Powers, duties, and functions.-The department
7191shall have the following powers, duties, and functions:
7192     (15)  To enter into joint agreements with governmental
7193agencies, as defined in s. 163.3164(10), for the purpose of
7194pooling funds for the purchase of commodities or information
7195technology that can be used by multiple agencies.
7196     (a)  Each agency that has been appropriated or has existing
7197funds for such purchase, shall, upon contract award by the
7198department, transfer their portion of the funds into the
7199department's Operating Trust Fund for payment by the department.
7200The funds shall be transferred by the Executive Office of the
7201Governor pursuant to the agency budget amendment request
7202provisions in chapter 216.
7203     (b)  Agencies that sign the joint agreements are
7204financially obligated for their portion of the agreed-upon
7205funds. If an agency becomes more than 90 days delinquent in
7206paying the funds, the department shall certify to the Chief
7207Financial Officer the amount due, and the Chief Financial
7208Officer shall transfer the amount due to the Operating Trust
7209Fund of the department from any of the agency's available funds.
7210The Chief Financial Officer shall report these transfers and the
7211reasons for the transfers to the Executive Office of the
7212Governor and the legislative appropriations committees.
7213     Section 40.  Subsection (4) of section 288.063, Florida
7214Statutes, is amended to read:
7215     288.063  Contracts for transportation projects.-
7216     (4)  The Office of Tourism, Trade, and Economic Development
7217may adopt criteria by which transportation projects are to be
7218reviewed and certified in accordance with s. 288.061. In
7219approving transportation projects for funding, the Office of
7220Tourism, Trade, and Economic Development shall consider factors
7221including, but not limited to, the cost per job created or
7222retained considering the amount of transportation funds
7223requested; the average hourly rate of wages for jobs created;
7224the reliance on the program as an inducement for the project's
7225location decision; the amount of capital investment to be made
7226by the business; the demonstrated local commitment; the location
7227of the project in an enterprise zone designated pursuant to s.
7228290.0055; the location of the project in a spaceport territory
7229as defined in s. 331.304; the unemployment rate of the
7230surrounding area; and the poverty rate of the community; and the
7231adoption of an economic element as part of its local
7232comprehensive plan in accordance with s. 163.3177(7)(j). The
7233Office of Tourism, Trade, and Economic Development may contact
7234any agency it deems appropriate for additional input regarding
7235the approval of projects.
7236     Section 41.  Paragraph (a) of subsection (2), subsection
7237(10), and paragraph (d) of subsection (12) of section 288.975,
7238Florida Statutes, are amended to read:
7239     288.975  Military base reuse plans.-
7240     (2)  As used in this section, the term:
7241     (a)  "Affected local government" means a local government
7242adjoining the host local government and any other unit of local
7243government that is not a host local government but that is
7244identified in a proposed military base reuse plan as providing,
7245operating, or maintaining one or more public facilities as
7246defined in s. 163.3164(24) on lands within or serving a military
7247base designated for closure by the Federal Government.
7248     (10)  Within 60 days after receipt of a proposed military
7249base reuse plan, these entities shall review and provide
7250comments to the host local government. The commencement of this
7251review period shall be advertised in newspapers of general
7252circulation within the host local government and any affected
7253local government to allow for public comment. No later than 180
7254days after receipt and consideration of all comments, and the
7255holding of at least two public hearings, the host local
7256government shall adopt the military base reuse plan. The host
7257local government shall comply with the notice requirements set
7258forth in s. 163.3184(11)(15) to ensure full public participation
7259in this planning process.
7260     (12)  Following receipt of a petition, the petitioning
7261party or parties and the host local government shall seek
7262resolution of the issues in dispute. The issues in dispute shall
7263be resolved as follows:
7264     (d)  Within 45 days after receiving the report from the
7265state land planning agency, the Administration Commission shall
7266take action to resolve the issues in dispute. In deciding upon a
7267proper resolution, the Administration Commission shall consider
7268the nature of the issues in dispute, any requests for a formal
7269administrative hearing pursuant to chapter 120, the compliance
7270of the parties with this section, the extent of the conflict
7271between the parties, the comparative hardships and the public
7272interest involved. If the Administration Commission incorporates
7273in its final order a term or condition that requires any local
7274government to amend its local government comprehensive plan, the
7275local government shall amend its plan within 60 days after the
7276issuance of the order. Such amendment or amendments shall be
7277exempt from the limitation of the frequency of plan amendments
7278contained in s. 163.3187(1), and A public hearing on such
7279amendment or amendments pursuant to s. 163.3184(11)(15)(b)1.
7280shall not be required. The final order of the Administration
7281Commission is subject to appeal pursuant to s. 120.68. If the
7282order of the Administration Commission is appealed, the time for
7283the local government to amend its plan shall be tolled during
7284the pendency of any local, state, or federal administrative or
7285judicial proceeding relating to the military base reuse plan.
7286     Section 42.  Subsection (4) of section 290.0475, Florida
7287Statutes, is amended to read:
7288     290.0475  Rejection of grant applications; penalties for
7289failure to meet application conditions.-Applications received
7290for funding under all program categories shall be rejected
7291without scoring only in the event that any of the following
7292circumstances arise:
7293     (4)  The application is not consistent with the local
7294government's comprehensive plan adopted pursuant to s.
7295163.3184(7).
7296     Section 43.  Paragraph (c) of subsection (3) of section
7297311.07, Florida Statutes, is amended to read:
7298     311.07  Florida seaport transportation and economic
7299development funding.-
7300     (3)
7301     (c)  To be eligible for consideration by the council
7302pursuant to this section, a project must be consistent with the
7303port comprehensive master plan which is incorporated as part of
7304the approved local government comprehensive plan as required by
7305s. 163.3178(2)(k) or other provisions of the Community Local
7306Government Comprehensive Planning and Land Development
7307Regulation Act, part II of chapter 163.
7308     Section 44.  Subsection (1) of section 331.319, Florida
7309Statutes, is amended to read:
7310     331.319  Comprehensive planning; building and safety
7311codes.-The board of directors may:
7312     (1)  Adopt, and from time to time review, amend,
7313supplement, or repeal, a comprehensive general plan for the
7314physical development of the area within the spaceport territory
7315in accordance with the objectives and purposes of this act and
7316consistent with the comprehensive plans of the applicable county
7317or counties and municipality or municipalities adopted pursuant
7318to the Community Local Government Comprehensive Planning and
7319Land Development Regulation Act, part II of chapter 163.
7320     Section 45.  Paragraph (e) of subsection (5) of section
7321339.155, Florida Statutes, is amended to read:
7322     339.155  Transportation planning.-
7323     (5)  ADDITIONAL TRANSPORTATION PLANS.-
7324     (e)  The regional transportation plan developed pursuant to
7325this section must, at a minimum, identify regionally significant
7326transportation facilities located within a regional
7327transportation area and contain a prioritized list of regionally
7328significant projects. The level-of-service standards for
7329facilities to be funded under this subsection shall be adopted
7330by the appropriate local government in accordance with s.
7331163.3180(10). The projects shall be adopted into the capital
7332improvements schedule of the local government comprehensive plan
7333pursuant to s. 163.3177(3).
7334     Section 46.  Paragraph (a) of subsection (4) of section
7335339.2819, Florida Statutes, is amended to read:
7336     339.2819  Transportation Regional Incentive Program.-
7337     (4)(a)  Projects to be funded with Transportation Regional
7338Incentive Program funds shall, at a minimum:
7339     1.  Support those transportation facilities that serve
7340national, statewide, or regional functions and function as an
7341integrated regional transportation system.
7342     2.  Be identified in the capital improvements element of a
7343comprehensive plan that has been determined to be in compliance
7344with part II of chapter 163, after July 1, 2005, or to implement
7345a long-term concurrency management system adopted by a local
7346government in accordance with s. 163.3180(9). Further, the
7347project shall be in compliance with local government
7348comprehensive plan policies relative to corridor management.
7349     3.  Be consistent with the Strategic Intermodal System Plan
7350developed under s. 339.64.
7351     4.  Have a commitment for local, regional, or private
7352financial matching funds as a percentage of the overall project
7353cost.
7354     Section 47.  Subsection (5) of section 369.303, Florida
7355Statutes, is amended to read:
7356     369.303  Definitions.-As used in this part:
7357     (5)  "Land development regulation" means a regulation
7358covered by the definition in s. 163.3164(23) and any of the
7359types of regulations described in s. 163.3202.
7360     Section 48.  Subsections (5) and (7) of section 369.321,
7361Florida Statutes, are amended to read:
7362     369.321  Comprehensive plan amendments.-Except as otherwise
7363expressly provided, by January 1, 2006, each local government
7364within the Wekiva Study Area shall amend its local government
7365comprehensive plan to include the following:
7366     (5)  Comprehensive plans and comprehensive plan amendments
7367adopted by the local governments to implement this section shall
7368be reviewed by the Department of Community Affairs pursuant to
7369s. 163.3184, and shall be exempt from the provisions of s.
7370163.3187(1).
7371     (7)  During the period prior to the adoption of the
7372comprehensive plan amendments required by this act, any local
7373comprehensive plan amendment adopted by a city or county that
7374applies to land located within the Wekiva Study Area shall
7375protect surface and groundwater resources and be reviewed by the
7376Department of Community Affairs, pursuant to chapter 163 and
7377chapter 9J-5, Florida Administrative Code, using best available
7378data, including the information presented to the Wekiva River
7379Basin Coordinating Committee.
7380     Section 49.  Subsection (1) of section 378.021, Florida
7381Statutes, is amended to read:
7382     378.021  Master reclamation plan.-
7383     (1)  The Department of Environmental Protection shall amend
7384the master reclamation plan that provides guidelines for the
7385reclamation of lands mined or disturbed by the severance of
7386phosphate rock prior to July 1, 1975, which lands are not
7387subject to mandatory reclamation under part II of chapter 211.
7388In amending the master reclamation plan, the Department of
7389Environmental Protection shall continue to conduct an onsite
7390evaluation of all lands mined or disturbed by the severance of
7391phosphate rock prior to July 1, 1975, which lands are not
7392subject to mandatory reclamation under part II of chapter 211.
7393The master reclamation plan when amended by the Department of
7394Environmental Protection shall be consistent with local
7395government plans prepared pursuant to the Community Local
7396Government Comprehensive Planning and Land Development
7397Regulation Act.
7398     Section 50.  Subsection (10) of section 380.031, Florida
7399Statutes, is amended to read:
7400     380.031  Definitions.-As used in this chapter:
7401     (10)  "Local comprehensive plan" means any or all local
7402comprehensive plans or elements or portions thereof prepared,
7403adopted, or amended pursuant to the Community Local Government
7404Comprehensive Planning and Land Development Regulation Act, as
7405amended.
7406     Section 51.  Paragraph (b) of subsection (6), paragraphs
7407(l), (m), and (s) of subsection (24), paragraph (e) of
7408subsection (28), and paragraphs (a) and (e) of subsection (29)
7409of section 380.06, Florida Statutes, are amended to read:
7410     380.06  Developments of regional impact.-
7411     (6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7412PLAN AMENDMENTS.-
7413     (b)  Any local government comprehensive plan amendments
7414related to a proposed development of regional impact, including
7415any changes proposed under subsection (19), may be initiated by
7416a local planning agency or the developer and must be considered
7417by the local governing body at the same time as the application
7418for development approval using the procedures provided for local
7419plan amendment in s. 163.3187 or s. 163.3189 and applicable
7420local ordinances, without regard to statutory or local ordinance
7421limits on the frequency of consideration of amendments to the
7422local comprehensive plan. Nothing in this paragraph shall be
7423deemed to require favorable consideration of a plan amendment
7424solely because it is related to a development of regional
7425impact. The procedure for processing such comprehensive plan
7426amendments is as follows:
7427     1.  If a developer seeks a comprehensive plan amendment
7428related to a development of regional impact, the developer must
7429so notify in writing the regional planning agency, the
7430applicable local government, and the state land planning agency
7431no later than the date of preapplication conference or the
7432submission of the proposed change under subsection (19).
7433     2.  When filing the application for development approval or
7434the proposed change, the developer must include a written
7435request for comprehensive plan amendments that would be
7436necessitated by the development-of-regional-impact approvals
7437sought. That request must include data and analysis upon which
7438the applicable local government can determine whether to
7439transmit the comprehensive plan amendment pursuant to s.
7440163.3184.
7441     3.  The local government must advertise a public hearing on
7442the transmittal within 30 days after filing the application for
7443development approval or the proposed change and must make a
7444determination on the transmittal within 60 days after the
7445initial filing unless that time is extended by the developer.
7446     4.  If the local government approves the transmittal,
7447procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7448followed.
7449     5.  Notwithstanding subsection (11) or subsection (19), the
7450local government may not hold a public hearing on the
7451application for development approval or the proposed change or
7452on the comprehensive plan amendments sooner than 30 days from
7453receipt of the response from the state land planning agency
7454pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7455local governments to adopt, adopt with changes, or not adopt
7456plan amendments pursuant to s. 163.3184(7) shall not apply to
7457concurrent plan amendments provided for in this subsection.
7458     6.  The local government must hear both the application for
7459development approval or the proposed change and the
7460comprehensive plan amendments at the same hearing. However, the
7461local government must take action separately on the application
7462for development approval or the proposed change and on the
7463comprehensive plan amendments.
7464     7.  Thereafter, the appeal process for the local government
7465development order must follow the provisions of s. 380.07, and
7466the compliance process for the comprehensive plan amendments
7467must follow the provisions of s. 163.3184.
7468     (24)  STATUTORY EXEMPTIONS.-
7469     (l)  Any proposed development within an urban service
7470boundary established under s. 163.3177(14), which is not
7471otherwise exempt pursuant to subsection (29), is exempt from the
7472provisions of this section if the local government having
7473jurisdiction over the area where the development is proposed has
7474adopted the urban service boundary, has entered into a binding
7475agreement with jurisdictions that would be impacted and with the
7476Department of Transportation regarding the mitigation of impacts
7477on state and regional transportation facilities, and has adopted
7478a proportionate share methodology pursuant to s. 163.3180(16).
7479     (m)  Any proposed development within a rural land
7480stewardship area created under s. 163.3248 163.3177(11)(d) is
7481exempt from the provisions of this section if the local
7482government that has adopted the rural land stewardship area has
7483entered into a binding agreement with jurisdictions that would
7484be impacted and the Department of Transportation regarding the
7485mitigation of impacts on state and regional transportation
7486facilities, and has adopted a proportionate share methodology
7487pursuant to s. 163.3180(16).
7488     (s)  Any development in a detailed specific area plan which
7489is prepared and adopted pursuant to s. 163.3245 and adopted into
7490the comprehensive plan is exempt from this section.
7491
7492If a use is exempt from review as a development of regional
7493impact under paragraphs (a)-(s), but will be part of a larger
7494project that is subject to review as a development of regional
7495impact, the impact of the exempt use must be included in the
7496review of the larger project, unless such exempt use involves a
7497development of regional impact that includes a landowner,
7498tenant, or user that has entered into a funding agreement with
7499the Office of Tourism, Trade, and Economic Development under the
7500Innovation Incentive Program and the agreement contemplates a
7501state award of at least $50 million.
7502     (28)  PARTIAL STATUTORY EXEMPTIONS.-
7503     (e)  The vesting provision of s. 163.3167(5)(8) relating to
7504an authorized development of regional impact shall not apply to
7505those projects partially exempt from the development-of-
7506regional-impact review process under paragraphs (a)-(d).
7507     (29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
7508     (a)  The following are exempt from this section:
7509     1.  Any proposed development in a municipality that has an
7510average of at least 1,000 people per square mile of land area
7511and a minimum total population of at least 5,000 qualifies as a
7512dense urban land area as defined in s. 163.3164;
7513     2.  Any proposed development within a county that has an
7514average of at least 1,000 people per square mile of land area
7515qualifies as a dense urban land area as defined in s. 163.3164
7516and that is located within an urban service area as defined in
7517s. 163.3164 which has been adopted into the comprehensive plan;
7518or
7519     3.  Any proposed development within a county, including the
7520municipalities located therein, which has a population of at
7521least 900,000, that has an average of at least 1,000 people per
7522square mile of land area which qualifies as a dense urban land
7523area under s. 163.3164, but which does not have an urban service
7524area designated in the comprehensive plan.
7525
7526The Office of Economic and Demographic Research within the
7527Legislature shall annually calculate the population and density
7528criteria needed to determine which jurisdictions meet the
7529density criteria in subparagraphs 1.-3. by using the most recent
7530land area data from the decennial census conducted by the Bureau
7531of the Census of the United States Department of Commerce and
7532the latest available population estimates determined pursuant to
7533s. 186.901. If any local government has had an annexation,
7534contraction, or new incorporation, the Office of Economic and
7535Demographic Research shall determine the population density
7536using the new jurisdictional boundaries as recorded in
7537accordance with s. 171.091. The Office of Economic and
7538Demographic Research shall annually submit to the state land
7539planning agency by July 1 a list of jurisdictions that meet the
7540total population and density criteria. The state land planning
7541agency shall publish the list of jurisdictions on its Internet
7542website within 7 days after the list is received. The
7543designation of jurisdictions that meet the density criteria of
7544subparagraphs 1.-3. is effective upon publication on the state
7545land planning agency's Internet website. Any area that meets the
7546density criteria may not thereafter be removed from the list of
7547areas that qualify.
7548     (e)  In an area that is exempt under paragraphs (a)-(c),
7549any previously approved development-of-regional-impact
7550development orders shall continue to be effective, but the
7551developer has the option to be governed by s. 380.115(1). A
7552pending application for development approval shall be governed
7553by s. 380.115(2). A development that has a pending application
7554for a comprehensive plan amendment and that elects not to
7555continue development-of-regional-impact review is exempt from
7556the limitation on plan amendments set forth in s. 163.3187(1)
7557for the year following the effective date of the exemption.
7558     Section 52.  Paragraph (a) of subsection (8) of section
7559380.061, Florida Statutes, is amended to read:
7560     380.061  The Florida Quality Developments program.-
7561     (8)(a)  Any local government comprehensive plan amendments
7562related to a Florida Quality Development may be initiated by a
7563local planning agency and considered by the local governing body
7564at the same time as the application for development approval,
7565using the procedures provided for local plan amendment in s.
7566163.3187 or s. 163.3189 and applicable local ordinances, without
7567regard to statutory or local ordinance limits on the frequency
7568of consideration of amendments to the local comprehensive plan.
7569Nothing in this subsection shall be construed to require
7570favorable consideration of a Florida Quality Development solely
7571because it is related to a development of regional impact.
7572     Section 53.  Paragraph (a) of subsection (2) of section
7573380.065, Florida Statutes, is amended to read:
7574     380.065  Certification of local government review of
7575development.-
7576     (2)  When a petition is filed, the state land planning
7577agency shall have no more than 90 days to prepare and submit to
7578the Administration Commission a report and recommendations on
7579the proposed certification. In deciding whether to grant
7580certification, the Administration Commission shall determine
7581whether the following criteria are being met:
7582     (a)  The petitioning local government has adopted and
7583effectively implemented a local comprehensive plan and
7584development regulations which comply with ss. 163.3161-163.3215,
7585the Community Local Government Comprehensive Planning and Land
7586Development Regulation Act.
7587     Section 54.  Subsection (3) of section 380.115, Florida
7588Statutes, is amended to read:
7589     380.115  Vested rights and duties; effect of size
7590reduction, changes in guidelines and standards.-
7591     (3)  A landowner that has filed an application for a
7592development-of-regional-impact review prior to the adoption of a
7593an optional sector plan pursuant to s. 163.3245 may elect to
7594have the application reviewed pursuant to s. 380.06,
7595comprehensive plan provisions in force prior to adoption of the
7596sector plan, and any requested comprehensive plan amendments
7597that accompany the application.
7598     Section 55.  Subsection (1) of section 403.50665, Florida
7599Statutes, is amended to read:
7600     403.50665  Land use consistency.-
7601     (1)  The applicant shall include in the application a
7602statement on the consistency of the site and any associated
7603facilities that constitute a "development," as defined in s.
7604380.04, with existing land use plans and zoning ordinances that
7605were in effect on the date the application was filed and a full
7606description of such consistency. This information shall include
7607an identification of those associated facilities that the
7608applicant believes are exempt from the requirements of land use
7609plans and zoning ordinances under the provisions of the
7610Community Local Government Comprehensive Planning and Land
7611Development Regulation Act provisions of chapter 163 and s.
7612380.04(3).
7613     Section 56.  Subsection (13) and paragraph (a) of
7614subsection (14) of section 403.973, Florida Statutes, are
7615amended to read:
7616     403.973  Expedited permitting; amendments to comprehensive
7617plans.-
7618     (13)  Notwithstanding any other provisions of law:
7619     (a)  Local comprehensive plan amendments for projects
7620qualified under this section are exempt from the twice-a-year
7621limits provision in s. 163.3187; and
7622     (b)  Projects qualified under this section are not subject
7623to interstate highway level-of-service standards adopted by the
7624Department of Transportation for concurrency purposes. The
7625memorandum of agreement specified in subsection (5) must include
7626a process by which the applicant will be assessed a fair share
7627of the cost of mitigating the project's significant traffic
7628impacts, as defined in chapter 380 and related rules. The
7629agreement must also specify whether the significant traffic
7630impacts on the interstate system will be mitigated through the
7631implementation of a project or payment of funds to the
7632Department of Transportation. Where funds are paid, the
7633Department of Transportation must include in the 5-year work
7634program transportation projects or project phases, in an amount
7635equal to the funds received, to mitigate the traffic impacts
7636associated with the proposed project.
7637     (14)(a)  Challenges to state agency action in the expedited
7638permitting process for projects processed under this section are
7639subject to the summary hearing provisions of s. 120.574, except
7640that the administrative law judge's decision, as provided in s.
7641120.574(2)(f), shall be in the form of a recommended order and
7642shall not constitute the final action of the state agency. In
7643those proceedings where the action of only one agency of the
7644state other than the Department of Environmental Protection is
7645challenged, the agency of the state shall issue the final order
7646within 45 working days after receipt of the administrative law
7647judge's recommended order, and the recommended order shall
7648inform the parties of their right to file exceptions or
7649responses to the recommended order in accordance with the
7650uniform rules of procedure pursuant to s. 120.54. In those
7651proceedings where the actions of more than one agency of the
7652state are challenged, the Governor shall issue the final order
7653within 45 working days after receipt of the administrative law
7654judge's recommended order, and the recommended order shall
7655inform the parties of their right to file exceptions or
7656responses to the recommended order in accordance with the
7657uniform rules of procedure pursuant to s. 120.54. This paragraph
7658does not apply to the issuance of department licenses required
7659under any federally delegated or approved permit program. In
7660such instances, the department shall enter the final order. The
7661participating agencies of the state may opt at the preliminary
7662hearing conference to allow the administrative law judge's
7663decision to constitute the final agency action. If a
7664participating local government agrees to participate in the
7665summary hearing provisions of s. 120.574 for purposes of review
7666of local government comprehensive plan amendments, s.
7667163.3184(9) and (10) apply.
7668     Section 57.  Subsections (9) and (10) of section 420.5095,
7669Florida Statutes, are amended to read:
7670     420.5095  Community Workforce Housing Innovation Pilot
7671Program.-
7672     (9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
7673local government comprehensive plan amendment to implement a
7674Community Workforce Housing Innovation Pilot Program project
7675found consistent with the provisions of this section shall be
7676expedited as provided in this subsection. At least 30 days prior
7677to adopting a plan amendment under this subsection, the local
7678government shall notify the state land planning agency of its
7679intent to adopt such an amendment, and the notice shall include
7680its evaluation related to site suitability and availability of
7681facilities and services. The public notice of the hearing
7682required by s. 163.3184(11)(15)(b)2. shall include a statement
7683that the local government intends to use the expedited adoption
7684process authorized by this subsection. Such amendments shall
7685require only a single public hearing before the governing board,
7686which shall be an adoption hearing as described in s.
7687163.3184(4)(e)(7). The state land planning agency shall issue
7688its notice of intent pursuant to s. 163.3184(8) within 30 days
7689after determining that the amendment package is complete. Any
7690further proceedings shall be governed by s. ss. 163.3184(5)-
7691(13)(9)-(16). Amendments proposed under this section are not
7692subject to s. 163.3187(1), which limits the adoption of a
7693comprehensive plan amendment to no more than two times during
7694any calendar year.
7695     (10)  The processing of approvals of development orders or
7696development permits, as defined in s. 163.3164(7) and (8), for
7697innovative community workforce housing projects shall be
7698expedited.
7699     Section 58.  Subsection (5) of section 420.615, Florida
7700Statutes, is amended to read:
7701     420.615  Affordable housing land donation density bonus
7702incentives.-
7703     (5)  The local government, as part of the approval process,
7704shall adopt a comprehensive plan amendment, pursuant to part II
7705of chapter 163, for the receiving land that incorporates the
7706density bonus. Such amendment shall be adopted in the manner as
7707required for small-scale amendments pursuant to s. 163.3187, is
7708not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
7709and is exempt from the limitation on the frequency of plan
7710amendments as provided in s. 163.3187.
7711     Section 59.  Subsection (16) of section 420.9071, Florida
7712Statutes, is amended to read:
7713     420.9071  Definitions.-As used in ss. 420.907-420.9079, the
7714term:
7715     (16)  "Local housing incentive strategies" means local
7716regulatory reform or incentive programs to encourage or
7717facilitate affordable housing production, which include at a
7718minimum, assurance that permits as defined in s. 163.3164(7) and
7719(8) for affordable housing projects are expedited to a greater
7720degree than other projects; an ongoing process for review of
7721local policies, ordinances, regulations, and plan provisions
7722that increase the cost of housing prior to their adoption; and a
7723schedule for implementing the incentive strategies. Local
7724housing incentive strategies may also include other regulatory
7725reforms, such as those enumerated in s. 420.9076 or those
7726recommended by the affordable housing advisory committee in its
7727triennial evaluation of the implementation of affordable housing
7728incentives, and adopted by the local governing body.
7729     Section 60.  Paragraph (a) of subsection (4) of section
7730420.9076, Florida Statutes, is amended to read:
7731     420.9076  Adoption of affordable housing incentive
7732strategies; committees.-
7733     (4)  Triennially, the advisory committee shall review the
7734established policies and procedures, ordinances, land
7735development regulations, and adopted local government
7736comprehensive plan of the appointing local government and shall
7737recommend specific actions or initiatives to encourage or
7738facilitate affordable housing while protecting the ability of
7739the property to appreciate in value. The recommendations may
7740include the modification or repeal of existing policies,
7741procedures, ordinances, regulations, or plan provisions; the
7742creation of exceptions applicable to affordable housing; or the
7743adoption of new policies, procedures, regulations, ordinances,
7744or plan provisions, including recommendations to amend the local
7745government comprehensive plan and corresponding regulations,
7746ordinances, and other policies. At a minimum, each advisory
7747committee shall submit a report to the local governing body that
7748includes recommendations on, and triennially thereafter
7749evaluates the implementation of, affordable housing incentives
7750in the following areas:
7751     (a)  The processing of approvals of development orders or
7752permits, as defined in s. 163.3164(7) and (8), for affordable
7753housing projects is expedited to a greater degree than other
7754projects.
7755
7756The advisory committee recommendations may also include other
7757affordable housing incentives identified by the advisory
7758committee. Local governments that receive the minimum allocation
7759under the State Housing Initiatives Partnership Program shall
7760perform the initial review but may elect to not perform the
7761triennial review.
7762     Section 61.  Subsection (1) of section 720.403, Florida
7763Statutes, is amended to read:
7764     720.403  Preservation of residential communities; revival
7765of declaration of covenants.-
7766     (1)  Consistent with required and optional elements of
7767local comprehensive plans and other applicable provisions of the
7768Community Local Government Comprehensive Planning and Land
7769Development Regulation Act, homeowners are encouraged to
7770preserve existing residential communities, promote available and
7771affordable housing, protect structural and aesthetic elements of
7772their residential community, and, as applicable, maintain roads
7773and streets, easements, water and sewer systems, utilities,
7774drainage improvements, conservation and open areas, recreational
7775amenities, and other infrastructure and common areas that serve
7776and support the residential community by the revival of a
7777previous declaration of covenants and other governing documents
7778that may have ceased to govern some or all parcels in the
7779community.
7780     Section 62.  Subsection (6) of section 1013.30, Florida
7781Statutes, is amended to read:
7782     1013.30  University campus master plans and campus
7783development agreements.-
7784     (6)  Before a campus master plan is adopted, a copy of the
7785draft master plan must be sent for review or made available
7786electronically to the host and any affected local governments,
7787the state land planning agency, the Department of Environmental
7788Protection, the Department of Transportation, the Department of
7789State, the Fish and Wildlife Conservation Commission, and the
7790applicable water management district and regional planning
7791council. At the request of a governmental entity, a hard copy of
7792the draft master plan shall be submitted within 7 business days
7793of an electronic copy being made available. These agencies must
7794be given 90 days after receipt of the campus master plans in
7795which to conduct their review and provide comments to the
7796university board of trustees. The commencement of this review
7797period must be advertised in newspapers of general circulation
7798within the host local government and any affected local
7799government to allow for public comment. Following receipt and
7800consideration of all comments and the holding of an informal
7801information session and at least two public hearings within the
7802host jurisdiction, the university board of trustees shall adopt
7803the campus master plan. It is the intent of the Legislature that
7804the university board of trustees comply with the notice
7805requirements set forth in s. 163.3184(11)(15) to ensure full
7806public participation in this planning process. The informal
7807public information session must be held before the first public
7808hearing. The first public hearing shall be held before the draft
7809master plan is sent to the agencies specified in this
7810subsection. The second public hearing shall be held in
7811conjunction with the adoption of the draft master plan by the
7812university board of trustees. Campus master plans developed
7813under this section are not rules and are not subject to chapter
7814120 except as otherwise provided in this section.
7815     Section 63.  Subsections (3), (7), and (8) of section
78161013.33, Florida Statutes, are amended to read:
7817     1013.33  Coordination of planning with local governing
7818bodies.-
7819     (3)  At a minimum, the interlocal agreement must address
7820interlocal agreement requirements in s. 163.31777 and, if
7821applicable, s. 163.3180(6)(13)(g), except for exempt local
7822governments as provided in s. 163.3177(12), and must address the
7823following issues:
7824     (a)  A process by which each local government and the
7825district school board agree and base their plans on consistent
7826projections of the amount, type, and distribution of population
7827growth and student enrollment. The geographic distribution of
7828jurisdiction-wide growth forecasts is a major objective of the
7829process.
7830     (b)  A process to coordinate and share information relating
7831to existing and planned public school facilities, including
7832school renovations and closures, and local government plans for
7833development and redevelopment.
7834     (c)  Participation by affected local governments with the
7835district school board in the process of evaluating potential
7836school closures, significant renovations to existing schools,
7837and new school site selection before land acquisition. Local
7838governments shall advise the district school board as to the
7839consistency of the proposed closure, renovation, or new site
7840with the local comprehensive plan, including appropriate
7841circumstances and criteria under which a district school board
7842may request an amendment to the comprehensive plan for school
7843siting.
7844     (d)  A process for determining the need for and timing of
7845onsite and offsite improvements to support new construction,
7846proposed expansion, or redevelopment of existing schools. The
7847process shall address identification of the party or parties
7848responsible for the improvements.
7849     (e)  A process for the school board to inform the local
7850government regarding the effect of comprehensive plan amendments
7851on school capacity. The capacity reporting must be consistent
7852with laws and rules regarding measurement of school facility
7853capacity and must also identify how the district school board
7854will meet the public school demand based on the facilities work
7855program adopted pursuant to s. 1013.35.
7856     (f)  Participation of the local governments in the
7857preparation of the annual update to the school board's 5-year
7858district facilities work program and educational plant survey
7859prepared pursuant to s. 1013.35.
7860     (g)  A process for determining where and how joint use of
7861either school board or local government facilities can be shared
7862for mutual benefit and efficiency.
7863     (h)  A procedure for the resolution of disputes between the
7864district school board and local governments, which may include
7865the dispute resolution processes contained in chapters 164 and
7866186.
7867     (i)  An oversight process, including an opportunity for
7868public participation, for the implementation of the interlocal
7869agreement.
7870     (7)  Except as provided in subsection (8), municipalities
7871meeting the exemption criteria in s. 163.3177(12) are exempt
7872from the requirements of subsections (2), (3), and (4).
7873     (8)  At the time of the evaluation and appraisal report,
7874each exempt municipality shall assess the extent to which it
7875continues to meet the criteria for exemption under s.
7876163.3177(12). If the municipality continues to meet these
7877criteria, the municipality shall continue to be exempt from the
7878interlocal agreement requirement. Each municipality exempt under
7879s. 163.3177(12) must comply with the provisions of subsections
7880(2)-(8) within 1 year after the district school board proposes,
7881in its 5-year district facilities work program, a new school
7882within the municipality's jurisdiction.
7883     Section 64.  Rules 9J-5 and 9J-11.023, Florida
7884Administrative Code, are repealed, and the Department of State
7885is directed to remove those rules from the Florida
7886Administrative Code.
7887     Section 65.  (1)  The state land planning agency, within 60
7888days after the effective date of this act, shall review any
7889administrative or judicial proceeding filed by the agency and
7890pending on the effective date of this act to determine whether
7891the issues raised by the state land planning agency are
7892consistent with the revised provisions of part II of chapter
7893163, Florida Statutes. For each proceeding, if the agency
7894determines that issues have been raised that are not consistent
7895with the revised provisions of part II of chapter 163, Florida
7896Statutes, the agency shall dismiss the proceeding. If the state
7897land planning agency determines that one or more issues have
7898been raised that are consistent with the revised provisions of
7899part II of chapter 163, Florida Statutes, the agency shall amend
7900its petition within 30 days after the determination to plead
7901with particularity as to the manner in which the plan or plan
7902amendment fails to meet the revised provisions of part II of
7903chapter 163, Florida Statutes. If the agency fails to timely
7904file such amended petition, the proceeding shall be dismissed.
7905     (2)  In all proceedings that were initiated by the state
7906land planning agency before the effective date of this act, and
7907continue after that date, the local government's determination
7908that the comprehensive plan or plan amendment is in compliance
7909is presumed to be correct, and the local government's
7910determination shall be sustained unless it is shown by a
7911preponderance of the evidence that the comprehensive plan or
7912plan amendment is not in compliance.
7913     Section 66.  In accordance with s. 1.04, Florida Statutes,
7914the provisions of law amended by this act shall be construed in
7915pari materia with the provisions of law reenacted by Senate Bill
7916174 or HB 7001, 2011 Regular Session, whichever becomes law, and
7917incorporated therein. In addition, if any law amended by this
7918act is also amended by any other law enacted at the same
7919legislative session or an extension thereof which becomes law,
7920full effect shall be given to each if possible.
7921     Section 67.  The Division of Statutory Revision is directed
7922to replace the phrase "the effective date of this act" wherever
7923it occurs in this act with the date this act becomes a law.
7924     Section 68.  This act shall take effect upon becoming a
7925law.


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