Bill Text: FL H7129 | 2011 | Regular Session | Comm Sub

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Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H7129 Detail]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-Comm_Sub.html
CS/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. 163.3175, F.S.; providing additional factors for local
20government consideration in impacts to military
21installations; clarifying requirements for adopting
22criteria to address compatibility of lands relating to
23military installations; amending s. 163.3177, F.S.;
24revising and providing duties of local governments;
25revising and providing required and optional elements of
26comprehensive plans; revising requirements of schedules of
27capital improvements; revising and providing provisions
28relating to capital improvements elements; revising major
29objectives of, and procedures relating to, the local
30comprehensive planning process; revising and providing
31required and optional elements of future land use plans;
32providing required transportation elements; revising and
33providing required conservation elements; revising and
34providing required housing elements; revising and
35providing required coastal management elements; revising
36and providing required intergovernmental coordination
37elements; amending s. 163.31777, F.S.; revising
38requirements relating to public schools' interlocal
39agreements; deleting duties of the Office of Educational
40Facilities, the state land planning agency, and local
41governments relating to such agreements; deleting an
42exemption; amending s. 163.3178, F.S.; deleting a deadline
43for local governments to amend coastal management elements
44and future land use maps; amending s. 163.3180, F.S.;
45revising and providing provisions relating to concurrency;
46revising concurrency requirements; revising application
47and findings; revising local government requirements;
48revising and providing requirements relating to
49transportation concurrency, transportation concurrency
50exception areas, urban infill, urban redevelopment, urban
51service, downtown revitalization areas, transportation
52concurrency management areas, long-term transportation and
53school concurrency management systems, development of
54regional impact, school concurrency, service areas,
55financial feasibility, interlocal agreements, and
56multimodal transportation districts; revising duties of
57the Office of Program Policy Analysis and the state land
58planning agency; providing requirements for local plans;
59providing for the limiting the liability of local
60governments under certain conditions; amending s.
61163.3182, F.S.; revising definitions; revising provisions
62relating to transportation deficiency plans and projects;
63amending s. 163.3184, F.S.; providing a definition;
64providing requirements for comprehensive plans and plan
65amendments; providing a expedited state review process for
66adoption of comprehensive plan amendments; providing
67requirements for the adoption of comprehensive plan
68amendments; creating the state-coordinated review process;
69providing and revising provisions relating to the review
70process; revising requirements relating to local
71government transmittal of proposed plan or amendments;
72providing for comment by reviewing agencies; deleting
73provisions relating to regional, county, and municipal
74review; revising provisions relating to state land
75planning agency review; revising provisions relating to
76local government review of comments; deleting and revising
77provisions relating to notice of intent and processes for
78compliance and noncompliance; providing procedures for
79administrative challenges to plans and plan amendments;
80providing for compliance agreements; providing for
81mediation and expeditious resolution; revising powers and
82duties of the administration commission; revising
83provisions relating to areas of critical state concern;
84providing for concurrent zoning; amending s. 163.3187,
85F.S.; deleting provisions relating to the amendment of
86adopted comprehensive plan and providing the process for
87adoption of small-scale comprehensive plan amendments;
88repealing s. 163.3189, F.S., relating to process for
89amendment of adopted comprehensive plan; amending s.
90163.3191, F.S., relating to the evaluation and appraisal
91of comprehensive plans; providing and revising local
92government requirements including notice, amendments,
93compliance, mediation, reports, and scoping meetings;
94amending s. 163.3229, F.S.; revising limitations on
95duration of development agreements; amending s. 163.3235,
96F.S.; revising requirements for periodic reviews of a
97development agreements; amending s. 163.3239, F.S.;
98revising recording requirements; amending s. 163.3243,
99F.S.; revising parties who may file an action for
100injunctive relief; amending s. 163.3245, F.S.; revising
101provisions relating to optional sector plans; authorizing
102the adoption of sector plans under certain circumstances;
103repealing s. 163.3246, F.S., relating to local government
104comprehensive planning certification program; repealing s.
105163.32465, F.S., relating to state review of local
106comprehensive plans in urban areas; repealing s. 163.3247,
107F.S., relating to the Century Commission for a Sustainable
108Florida; creating s. 163.3248, F.S.; providing for the
109designation of rural land stewardship areas; providing
110purposes and requirements for the establishment of such
111areas; providing for the creation of rural land
112stewardship overlay zoning district and transferable rural
113land use credits; providing certain limitation relating to
114such credits; providing for incentives; providing
115eligibility for incentives; providing legislative intent;
116amending s. 380.06, F.S.; providing for extension of
117certain expiration dates; revising exemptions governing
118developments of regional impact; providing for temporary
119increase in thresholds and substantial deviations;
120providing a presumption; directing the Office of Program
121Policy Analysis and Government Accountability to submit a
122report and recommendations; revising provisions to conform
123to changes made by this act; amending s. 380.0685, F.S.,
124relating to use of surcharges for beach renourishment and
125restoration; repealing Rules 9J-5 and 9J-11.023, Florida
126Administrative Code, relating to minimum criteria for
127review of local government comprehensive plans and plan
128amendments, evaluation and appraisal reports, land
129development regulations and determinations of compliance;
130amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217,
131163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203,
132186.513, 189.415, 190.004, 190.005, 193.501, 287.042,
133288.063, 288.975, 290.0475, 311.07, 331.319, 339.155,
134339.2819, 369.303, 369.321, 378.021, 380.06, 380.115,
135380.031, 380.061, 380.065, 403.50665, 403.973, 420.5095,
136420.615, 420.5095, 420.9071, 420.9076, 720.403, 1013.30,
1371013.33, and 1013.35, F.S.; revising provisions to conform
138to changes made by this act; extending permits and other
139authorizations extended under s. 14, ch. 2009-96, Laws of
140Florida; requiring the state land planning agency to
141review certain administrative and judicial proceedings;
142providing procedures for such review; affirming statutory
143construction with respect to other legislation passed at
144the same session; providing a directive of the Division of
145Statutory Revision; providing an effective date.
146
147Be It Enacted by the Legislature of the State of Florida:
148
149     Section 1.  Subsection (26) of section 70.51, Florida
150Statutes, is amended to read:
151     70.51  Land use and environmental dispute resolution.-
152     (26)  A special magistrate's recommendation under this
153section constitutes data in support of, and a support document
154for, a comprehensive plan or comprehensive plan amendment, but
155is not, in and of itself, dispositive of a determination of
156compliance with chapter 163. Any comprehensive plan amendment
157necessary to carry out the approved recommendation of a special
158magistrate under this section is exempt from the twice-a-year
159limit on plan amendments and may be adopted by the local
160government amendments in s. 163.3184(16)(d).
161     Section 2.  Paragraphs (h) through (l) of subsection (3) of
162section 163.06, Florida Statutes, are redesignated as paragraphs
163(g) through (k), respectively, and present paragraph (g) of that
164subsection is amended to read:
165     163.06  Miami River Commission.-
166     (3)  The policy committee shall have the following powers
167and duties:
168     (g)  Coordinate a joint planning area agreement between the
169Department of Community Affairs, the city, and the county under
170the provisions of s. 163.3177(11)(a), (b), and (c).
171     Section 3.  Subsection (4) of section 163.2517, Florida
172Statutes, is amended to read:
173     163.2517  Designation of urban infill and redevelopment
174area.-
175     (4)  In order for a local government to designate an urban
176infill and redevelopment area, it must amend its comprehensive
177land use plan under s. 163.3187 to delineate the boundaries of
178the urban infill and redevelopment area within the future land
179use element of its comprehensive plan pursuant to its adopted
180urban infill and redevelopment plan. The state land planning
181agency shall review the boundary delineation of the urban infill
182and redevelopment area in the future land use element under s.
183163.3184. However, an urban infill and redevelopment plan
184adopted by a local government is not subject to review for
185compliance as defined by s. 163.3184(1)(b), and the local
186government is not required to adopt the plan as a comprehensive
187plan amendment. An amendment to the local comprehensive plan to
188designate an urban infill and redevelopment area is exempt from
189the twice-a-year amendment limitation of s. 163.3187.
190     Section 4.  Section 163.3161, Florida Statutes, is amended
191to read:
192     163.3161  Short title; intent and purpose.-
193     (1)  This part shall be known and may be cited as the
194"Community Local Government Comprehensive Planning and Land
195Development Regulation Act."
196     (2)  In conformity with, and in furtherance of, the purpose
197of the Florida Environmental Land and Water Management Act of
1981972, chapter 380, It is the purpose of this act to utilize and
199strengthen the existing role, processes, and powers of local
200governments in the establishment and implementation of
201comprehensive planning programs to guide and manage control
202future development consistent with the proper role of local
203government.
204     (3)  It is the intent of this act to focus the state role
205in managing growth under this act to protecting the functions of
206important state resources and facilities.
207     (4)  It is the intent of this act that the ability of its
208adoption is necessary so that local governments to can preserve
209and enhance present advantages; encourage the most appropriate
210use of land, water, and resources, consistent with the public
211interest; overcome present handicaps; and deal effectively with
212future problems that may result from the use and development of
213land within their jurisdictions. Through the process of
214comprehensive planning, it is intended that units of local
215government can preserve, promote, protect, and improve the
216public health, safety, comfort, good order, appearance,
217convenience, law enforcement and fire prevention, and general
218welfare; prevent the overcrowding of land and avoid undue
219concentration of population; facilitate the adequate and
220efficient provision of transportation, water, sewerage, schools,
221parks, recreational facilities, housing, and other requirements
222and services; and conserve, develop, utilize, and protect
223natural resources within their jurisdictions.
224     (5)(4)  It is the intent of this act to encourage and
225ensure assure cooperation between and among municipalities and
226counties and to encourage and assure coordination of planning
227and development activities of units of local government with the
228planning activities of regional agencies and state government in
229accord with applicable provisions of law.
230     (6)(5)  It is the intent of this act that adopted
231comprehensive plans shall have the legal status set out in this
232act and that no public or private development shall be permitted
233except in conformity with comprehensive plans, or elements or
234portions thereof, prepared and adopted in conformity with this
235act.
236     (7)(6)  It is the intent of this act that the activities of
237units of local government in the preparation and adoption of
238comprehensive plans, or elements or portions therefor, shall be
239conducted in conformity with the provisions of this act.
240     (8)(7)  The provisions of this act in their interpretation
241and application are declared to be the minimum requirements
242necessary to accomplish the stated intent, purposes, and
243objectives of this act; to protect human, environmental, social,
244and economic resources; and to maintain, through orderly growth
245and development, the character and stability of present and
246future land use and development in this state.
247     (9)(8)  It is the intent of the Legislature that the repeal
248of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
249of Florida, and amendments to this part by this chapter law,
250shall not be interpreted to limit or restrict the powers of
251municipal or county officials, but shall be interpreted as a
252recognition of their broad statutory and constitutional powers
253to plan for and regulate the use of land. It is, further, the
254intent of the Legislature to reconfirm that ss. 163.3161-
255163.3248 163.3161 through 163.3215 have provided and do provide
256the necessary statutory direction and basis for municipal and
257county officials to carry out their comprehensive planning and
258land development regulation powers, duties, and
259responsibilities.
260     (10)(9)  It is the intent of the Legislature that all
261governmental entities in this state recognize and respect
262judicially acknowledged or constitutionally protected private
263property rights. It is the intent of the Legislature that all
264rules, ordinances, regulations, and programs adopted under the
265authority of this act must be developed, promulgated,
266implemented, and applied with sensitivity for private property
267rights and not be unduly restrictive, and property owners must
268be free from actions by others which would harm their property.
269Full and just compensation or other appropriate relief must be
270provided to any property owner for a governmental action that is
271determined to be an invalid exercise of the police power which
272constitutes a taking, as provided by law. Any such relief must
273be determined in a judicial action.
274     (11)  It is the intent of this part that the traditional
275economic base of this state, agriculture, tourism, and military
276presence, be recognized and protected. Further, it is the intent
277of this part to encourage economic diversification, workforce
278development, and community planning.
279     (12)  It is the intent of this part that new statutory
280requirements created by the Legislature will not require a local
281government whose plan has been found to be in compliance with
282this part to adopt amendments implementing the new statutory
283requirements until the evaluation and appraisal period provided
284in s. 163.3191, unless otherwise specified in law. However, any
285new amendments must comply with the requirements of this part.
286     Section 5.  Subsections (2) through (5) of section
287163.3162, Florida Statutes, are renumbered as subsections (1)
288through (4), respectively, and present subsections (1) and (5)
289of that section are amended to read:
290     163.3162  Agricultural Lands and Practices Act.-
291     (1)  SHORT TITLE.-This section may be cited as the
292"Agricultural Lands and Practices Act."
293     (4)(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.-
294The owner of a parcel of land defined as an agricultural enclave
295under s. 163.3164(33) may apply for an amendment to the local
296government comprehensive plan pursuant to s. 163.3184 163.3187.
297Such amendment is presumed not to be urban sprawl as defined in
298s. 163.3164 if it includes consistent with rule 9J-5.006(5),
299Florida Administrative Code, and may include land uses and
300intensities of use that are consistent with the uses and
301intensities of use of the industrial, commercial, or residential
302areas that surround the parcel. This presumption may be rebutted
303by clear and convincing evidence. Each application for a
304comprehensive plan amendment under this subsection for a parcel
305larger than 640 acres must include appropriate new urbanism
306concepts such as clustering, mixed-use development, the creation
307of rural village and city centers, and the transfer of
308development rights in order to discourage urban sprawl while
309protecting landowner rights.
310     (a)  The local government and the owner of a parcel of land
311that is the subject of an application for an amendment shall
312have 180 days following the date that the local government
313receives a complete application to negotiate in good faith to
314reach consensus on the land uses and intensities of use that are
315consistent with the uses and intensities of use of the
316industrial, commercial, or residential areas that surround the
317parcel. Within 30 days after the local government's receipt of
318such an application, the local government and owner must agree
319in writing to a schedule for information submittal, public
320hearings, negotiations, and final action on the amendment, which
321schedule may thereafter be altered only with the written consent
322of the local government and the owner. Compliance with the
323schedule in the written agreement constitutes good faith
324negotiations for purposes of paragraph (c).
325     (b)  Upon conclusion of good faith negotiations under
326paragraph (a), regardless of whether the local government and
327owner reach consensus on the land uses and intensities of use
328that are consistent with the uses and intensities of use of the
329industrial, commercial, or residential areas that surround the
330parcel, the amendment must be transmitted to the state land
331planning agency for review pursuant to s. 163.3184. If the local
332government fails to transmit the amendment within 180 days after
333receipt of a complete application, the amendment must be
334immediately transferred to the state land planning agency for
335such review at the first available transmittal cycle. A plan
336amendment transmitted to the state land planning agency
337submitted under this subsection is presumed not to be urban
338sprawl as defined in s. 163.3164 consistent with rule 9J-
3395.006(5), Florida Administrative Code. This presumption may be
340rebutted by clear and convincing evidence.
341     (c)  If the owner fails to negotiate in good faith, a plan
342amendment submitted under this subsection is not entitled to the
343rebuttable presumption under this subsection in the negotiation
344and amendment process.
345     (d)  Nothing within this subsection relating to
346agricultural enclaves shall preempt or replace any protection
347currently existing for any property located within the
348boundaries of the following areas:
349     1.  The Wekiva Study Area, as described in s. 369.316; or
350     2.  The Everglades Protection Area, as defined in s.
351373.4592(2).
352     Section 6.  Section 163.3164, Florida Statutes, is amended
353to read:
354     163.3164  Community Local Government Comprehensive Planning
355and Land Development Regulation Act; definitions.-As used in
356this act:
357     (1)  "Administration Commission" means the Governor and the
358Cabinet, and for purposes of this chapter the commission shall
359act on a simple majority vote, except that for purposes of
360imposing the sanctions provided in s. 163.3184(8)(11),
361affirmative action shall require the approval of the Governor
362and at least two three other members of the commission.
363     (2)  "Affordable housing" has the same meaning as in s.
364420.0004(3).
365     (3)(33)  "Agricultural enclave" means an unincorporated,
366undeveloped parcel that:
367     (a)  Is owned by a single person or entity;
368     (b)  Has been in continuous use for bona fide agricultural
369purposes, as defined by s. 193.461, for a period of 5 years
370prior to the date of any comprehensive plan amendment
371application;
372     (c)  Is surrounded on at least 75 percent of its perimeter
373by:
374     1.  Property that has existing industrial, commercial, or
375residential development; or
376     2.  Property that the local government has designated, in
377the local government's comprehensive plan, zoning map, and
378future land use map, as land that is to be developed for
379industrial, commercial, or residential purposes, and at least 75
380percent of such property is existing industrial, commercial, or
381residential development;
382     (d)  Has public services, including water, wastewater,
383transportation, schools, and recreation facilities, available or
384such public services are scheduled in the capital improvement
385element to be provided by the local government or can be
386provided by an alternative provider of local government
387infrastructure in order to ensure consistency with applicable
388concurrency provisions of s. 163.3180; and
389     (e)  Does not exceed 1,280 acres; however, if the property
390is surrounded by existing or authorized residential development
391that will result in a density at buildout of at least 1,000
392residents per square mile, then the area shall be determined to
393be urban and the parcel may not exceed 4,480 acres.
394     (4)  "Antiquated subdivision" means a subdivision that was
395recorded or approved more than 20 years ago and that has
396substantially failed to be built and the continued buildout of
397the subdivision in accordance with the subdivision's zoning and
398land use purposes would cause an imbalance of land uses and
399would be detrimental to the local and regional economies and
400environment, hinder current planning practices, and lead to
401inefficient and fiscally irresponsible development patterns as
402determined by the respective jurisdiction in which the
403subdivision is located.
404     (5)(2)  "Area" or "area of jurisdiction" means the total
405area qualifying under the provisions of this act, whether this
406be all of the lands lying within the limits of an incorporated
407municipality, lands in and adjacent to incorporated
408municipalities, all unincorporated lands within a county, or
409areas comprising combinations of the lands in incorporated
410municipalities and unincorporated areas of counties.
411     (6)  "Capital improvement" means physical assets
412constructed or purchased to provide, improve, or replace a
413public facility and which are typically large scale and high in
414cost. The cost of a capital improvement is generally
415nonrecurring and may require multiyear financing. For the
416purposes of this part, physical assets that have been identified
417as existing or projected needs in the individual comprehensive
418plan elements shall be considered capital improvements.
419     (7)(3)  "Coastal area" means the 35 coastal counties and
420all coastal municipalities within their boundaries designated
421coastal by the state land planning agency.
422     (8)  "Compatibility" means a condition in which land uses
423or conditions can coexist in relative proximity to each other in
424a stable fashion over time such that no use or condition is
425unduly negatively impacted directly or indirectly by another use
426or condition.
427     (9)(4)  "Comprehensive plan" means a plan that meets the
428requirements of ss. 163.3177 and 163.3178.
429     (10)  "Deepwater ports" means the ports identified in s.
430403.021(9).
431     (11)  "Density" means an objective measurement of the
432number of people or residential units allowed per unit of land,
433such as residents or employees per acre.
434     (12)(5)  "Developer" means any person, including a
435governmental agency, undertaking any development as defined in
436this act.
437     (13)(6)  "Development" has the same meaning as given it in
438s. 380.04.
439     (14)(7)  "Development order" means any order granting,
440denying, or granting with conditions an application for a
441development permit.
442     (15)(8)  "Development permit" includes any building permit,
443zoning permit, subdivision approval, rezoning, certification,
444special exception, variance, or any other official action of
445local government having the effect of permitting the development
446of land.
447     (16)(25)  "Downtown revitalization" means the physical and
448economic renewal of a central business district of a community
449as designated by local government, and includes both downtown
450development and redevelopment.
451     (17)  "Floodprone areas" means areas inundated during a
452100-year flood event or areas identified by the National Flood
453Insurance Program as an A Zone on flood insurance rate maps or
454flood hazard boundary maps.
455     (18)  "Goal" means the long-term end toward which programs
456or activities are ultimately directed.
457     (19)(9)  "Governing body" means the board of county
458commissioners of a county, the commission or council of an
459incorporated municipality, or any other chief governing body of
460a unit of local government, however designated, or the
461combination of such bodies where joint utilization of the
462provisions of this act is accomplished as provided herein.
463     (20)(10)  "Governmental agency" means:
464     (a)  The United States or any department, commission,
465agency, or other instrumentality thereof.
466     (b)  This state or any department, commission, agency, or
467other instrumentality thereof.
468     (c)  Any local government, as defined in this section, or
469any department, commission, agency, or other instrumentality
470thereof.
471     (d)  Any school board or other special district, authority,
472or governmental entity.
473     (21)  "Intensity" means an objective measurement of the
474extent to which land may be developed or used, including the
475consumption or use of the space above, on, or below ground; the
476measurement of the use of or demand on natural resources; and
477the measurement of the use of or demand on facilities and
478services.
479     (22)  "Internal trip capture" means trips generated by a
480mixed-use project that travel from one on-site land use to
481another on-site land use without using the external road
482network.
483     (23)(11)  "Land" means the earth, water, and air, above,
484below, or on the surface, and includes any improvements or
485structures customarily regarded as land.
486     (24)(22)  "Land development regulation commission" means a
487commission designated by a local government to develop and
488recommend, to the local governing body, land development
489regulations which implement the adopted comprehensive plan and
490to review land development regulations, or amendments thereto,
491for consistency with the adopted plan and report to the
492governing body regarding its findings. The responsibilities of
493the land development regulation commission may be performed by
494the local planning agency.
495     (25)(23)  "Land development regulations" means ordinances
496enacted by governing bodies for the regulation of any aspect of
497development and includes any local government zoning, rezoning,
498subdivision, building construction, or sign regulations or any
499other regulations controlling the development of land, except
500that this definition does shall not apply in s. 163.3213.
501     (26)(12)  "Land use" means the development that has
502occurred on the land, the development that is proposed by a
503developer on the land, or the use that is permitted or
504permissible on the land under an adopted comprehensive plan or
505element or portion thereof, land development regulations, or a
506land development code, as the context may indicate.
507     (27)  "Level of service" means an indicator of the extent
508or degree of service provided by, or proposed to be provided by,
509a facility based on and related to the operational
510characteristics of the facility. Level of service shall indicate
511the capacity per unit of demand for each public facility.
512     (28)(13)  "Local government" means any county or
513municipality.
514     (29)(14)  "Local planning agency" means the agency
515designated to prepare the comprehensive plan or plan amendments
516required by this act.
517     (30)(15)  A "Newspaper of general circulation" means a
518newspaper published at least on a weekly basis and printed in
519the language most commonly spoken in the area within which it
520circulates, but does not include a newspaper intended primarily
521for members of a particular professional or occupational group,
522a newspaper whose primary function is to carry legal notices, or
523a newspaper that is given away primarily to distribute
524advertising.
525     (31)  "New town" means an urban activity center and
526community designated on the future land use map of sufficient
527size, population and land use composition to support a variety
528of economic and social activities consistent with an urban area
529designation. New towns shall include basic economic activities;
530all major land use categories, with the possible exception of
531agricultural and industrial; and a centrally provided full range
532of public facilities and services that demonstrate internal trip
533capture. A new town shall be based on a master development plan.
534     (32)  "Objective" means a specific, measurable,
535intermediate end that is achievable and marks progress toward a
536goal.
537     (33)(16)  "Parcel of land" means any quantity of land
538capable of being described with such definiteness that its
539locations and boundaries may be established, which is designated
540by its owner or developer as land to be used, or developed as, a
541unit or which has been used or developed as a unit.
542     (34)(17)  "Person" means an individual, corporation,
543governmental agency, business trust, estate, trust, partnership,
544association, two or more persons having a joint or common
545interest, or any other legal entity.
546     (35)  "Policy" means the way in which programs and
547activities are conducted to achieve an identified goal.
548     (36)(28)  "Projects that promote public transportation"
549means projects that directly affect the provisions of public
550transit, including transit terminals, transit lines and routes,
551separate lanes for the exclusive use of public transit services,
552transit stops (shelters and stations), office buildings or
553projects that include fixed-rail or transit terminals as part of
554the building, and projects which are transit oriented and
555designed to complement reasonably proximate planned or existing
556public facilities.
557     (37)(24)  "Public facilities" means major capital
558improvements, including, but not limited to, transportation,
559sanitary sewer, solid waste, drainage, potable water,
560educational, parks and recreational, and health systems and
561facilities, and spoil disposal sites for maintenance dredging
562located in the intracoastal waterways, except for spoil disposal
563sites owned or used by ports listed in s. 403.021(9)(b).
564     (38)(18)  "Public notice" means notice as required by s.
565125.66(2) for a county or by s. 166.041(3)(a) for a
566municipality. The public notice procedures required in this part
567are established as minimum public notice procedures.
568     (39)(19)  "Regional planning agency" means the council
569created pursuant to chapter 186 agency designated by the state
570land planning agency to exercise responsibilities under law in a
571particular region of the state.
572     (40)  "Seasonal population" means part-time inhabitants who
573use, or may be expected to use, public facilities or services,
574but are not residents and includes tourists, migrant
575farmworkers, and other short-term and long-term visitors.
576     (41)(31)  "Optional Sector plan" means the an optional
577process authorized by s. 163.3245 in which one or more local
578governments engage in long-term planning for a large area and by
579agreement with the state land planning agency are allowed to
580address regional development-of-regional-impact issues through
581adoption of detailed specific area plans within the planning
582area within certain designated geographic areas identified in
583the local comprehensive plan as a means of fostering innovative
584planning and development strategies in s. 163.3177(11)(a) and
585(b), furthering the purposes of this part and part I of chapter
586380, reducing overlapping data and analysis requirements,
587protecting regionally significant resources and facilities, and
588addressing extrajurisdictional impacts. The term includes an
589optional sector plan that was adopted before the effective date
590of this act.
591     (42)(20)  "State land planning agency" means the Department
592of Community Affairs.
593     (43)(21)  "Structure" has the same meaning as in given it
594by s. 380.031(19).
595     (44)  "Suitability" means the degree to which the existing
596characteristics and limitations of land and water are compatible
597with a proposed use or development.
598     (45)  "Transit-oriented development" means a project or
599projects, in areas identified in a local government
600comprehensive plan, that is or will be served by existing or
601planned transit service. These designated areas shall be
602compact, moderate to high density developments, of mixed-use
603character, interconnected with other land uses, bicycle and
604pedestrian friendly, and designed to support frequent transit
605service operating through, collectively or separately, rail,
606fixed guideway, streetcar, or bus systems on dedicated
607facilities or available roadway connections.
608     (46)(30)  "Transportation corridor management" means the
609coordination of the planning of designated future transportation
610corridors with land use planning within and adjacent to the
611corridor to promote orderly growth, to meet the concurrency
612requirements of this chapter, and to maintain the integrity of
613the corridor for transportation purposes.
614     (47)(27)  "Urban infill" means the development of vacant
615parcels in otherwise built-up areas where public facilities such
616as sewer systems, roads, schools, and recreation areas are
617already in place and the average residential density is at least
618five dwelling units per acre, the average nonresidential
619intensity is at least a floor area ratio of 1.0 and vacant,
620developable land does not constitute more than 10 percent of the
621area.
622     (48)(26)  "Urban redevelopment" means demolition and
623reconstruction or substantial renovation of existing buildings
624or infrastructure within urban infill areas, existing urban
625service areas, or community redevelopment areas created pursuant
626to part III.
627     (49)(29)  "Urban service area" means built-up areas
628identified in the comprehensive plan where public facilities and
629services, including, but not limited to, central water and sewer
630capacity and roads, are already in place or are identified in
631the capital improvements element committed in the first 3 years
632of the capital improvement schedule. In addition, for counties
633that qualify as dense urban land areas under subsection (34),
634the nonrural area of a county which has adopted into the county
635charter a rural area designation or areas identified in the
636comprehensive plan as urban service areas or urban growth
637boundaries on or before July 1, 2009, are also urban service
638areas under this definition.
639     (50)  "Urban sprawl" means a development pattern
640characterized by low density, automobile-dependent development
641with either a single use or multiple uses that are not
642functionally related, requiring the extension of public
643facilities and services in an inefficient manner, and failing to
644provide a clear separation between urban and rural uses.
645     (32)  "Financial feasibility" means that sufficient
646revenues are currently available or will be available from
647committed funding sources for the first 3 years, or will be
648available from committed or planned funding sources for years 4
649and 5, of a 5-year capital improvement schedule for financing
650capital improvements, such as ad valorem taxes, bonds, state and
651federal funds, tax revenues, impact fees, and developer
652contributions, which are adequate to fund the projected costs of
653the capital improvements identified in the comprehensive plan
654necessary to ensure that adopted level-of-service standards are
655achieved and maintained within the period covered by the 5-year
656schedule of capital improvements. A comprehensive plan shall be
657deemed financially feasible for transportation and school
658facilities throughout the planning period addressed by the
659capital improvements schedule if it can be demonstrated that the
660level-of-service standards will be achieved and maintained by
661the end of the planning period even if in a particular year such
662improvements are not concurrent as required by s. 163.3180.
663     (34)  "Dense urban land area" means:
664     (a)  A municipality that has an average of at least 1,000
665people per square mile of land area and a minimum total
666population of at least 5,000;
667     (b)  A county, including the municipalities located
668therein, which has an average of at least 1,000 people per
669square mile of land area; or
670     (c)  A county, including the municipalities located
671therein, which has a population of at least 1 million.
672
673The Office of Economic and Demographic Research within the
674Legislature shall annually calculate the population and density
675criteria needed to determine which jurisdictions qualify as
676dense urban land areas by using the most recent land area data
677from the decennial census conducted by the Bureau of the Census
678of the United States Department of Commerce and the latest
679available population estimates determined pursuant to s.
680186.901. If any local government has had an annexation,
681contraction, or new incorporation, the Office of Economic and
682Demographic Research shall determine the population density
683using the new jurisdictional boundaries as recorded in
684accordance with s. 171.091. The Office of Economic and
685Demographic Research shall submit to the state land planning
686agency a list of jurisdictions that meet the total population
687and density criteria necessary for designation as a dense urban
688land area by July 1, 2009, and every year thereafter. The state
689land planning agency shall publish the list of jurisdictions on
690its Internet website within 7 days after the list is received.
691The designation of jurisdictions that qualify or do not qualify
692as a dense urban land area is effective upon publication on the
693state land planning agency's Internet website.
694     Section 7.  Section 163.3167, Florida Statutes, is amended
695to read:
696     163.3167  Scope of act.-
697     (1)  The several incorporated municipalities and counties
698shall have power and responsibility:
699     (a)  To plan for their future development and growth.
700     (b)  To adopt and amend comprehensive plans, or elements or
701portions thereof, to guide their future development and growth.
702     (c)  To implement adopted or amended comprehensive plans by
703the adoption of appropriate land development regulations or
704elements thereof.
705     (d)  To establish, support, and maintain administrative
706instruments and procedures to carry out the provisions and
707purposes of this act.
708
709The powers and authority set out in this act may be employed by
710municipalities and counties individually or jointly by mutual
711agreement in accord with the provisions of this act and in such
712combinations as their common interests may dictate and require.
713     (2)  Each local government shall maintain prepare a
714comprehensive plan of the type and in the manner set out in this
715part or prepare amendments to its existing comprehensive plan to
716conform it to the requirements of this part and in the manner
717set out in this part. In accordance with s. 163.3184, each local
718government shall submit to the state land planning agency its
719complete proposed comprehensive plan or its complete
720comprehensive plan as proposed to be amended.
721     (3)  When a local government has not prepared all of the
722required elements or has not amended its plan as required by
723subsection (2), the regional planning agency having
724responsibility for the area in which the local government lies
725shall prepare and adopt by rule, pursuant to chapter 120, the
726missing elements or adopt by rule amendments to the existing
727plan in accordance with this act by July 1, 1989, or within 1
728year after the dates specified or provided in subsection (2) and
729the state land planning agency review schedule, whichever is
730later. The regional planning agency shall provide at least 90
731days' written notice to any local government whose plan it is
732required by this subsection to prepare, prior to initiating the
733planning process. At least 90 days before the adoption by the
734regional planning agency of a comprehensive plan, or element or
735portion thereof, pursuant to this subsection, the regional
736planning agency shall transmit a copy of the proposed
737comprehensive plan, or element or portion thereof, to the local
738government and the state land planning agency for written
739comment. The state land planning agency shall review and comment
740on such plan, or element or portion thereof, in accordance with
741s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
742applicable to the regional planning agency as if it were a
743governing body. Existing comprehensive plans shall remain in
744effect until they are amended pursuant to subsection (2), this
745subsection, s. 163.3187, or s. 163.3189.
746     (3)(4)  A municipality established after the effective date
747of this act shall, within 1 year after incorporation, establish
748a local planning agency, pursuant to s. 163.3174, and prepare
749and adopt a comprehensive plan of the type and in the manner set
750out in this act within 3 years after the date of such
751incorporation. A county comprehensive plan shall be deemed
752controlling until the municipality adopts a comprehensive plan
753in accord with the provisions of this act. If, upon the
754expiration of the 3-year time limit, the municipality has not
755adopted a comprehensive plan, the regional planning agency shall
756prepare and adopt a comprehensive plan for such municipality.
757     (4)(5)  Any comprehensive plan, or element or portion
758thereof, adopted pursuant to the provisions of this act, which
759but for its adoption after the deadlines established pursuant to
760previous versions of this act would have been valid, shall be
761valid.
762     (6)  When a regional planning agency is required to prepare
763or amend a comprehensive plan, or element or portion thereof,
764pursuant to subsections (3) and (4), the regional planning
765agency and the local government may agree to a method of
766compensating the regional planning agency for any verifiable,
767direct costs incurred. If an agreement is not reached within 6
768months after the date the regional planning agency assumes
769planning responsibilities for the local government pursuant to
770subsections (3) and (4) or by the time the plan or element, or
771portion thereof, is completed, whichever is earlier, the
772regional planning agency shall file invoices for verifiable,
773direct costs involved with the governing body. Upon the failure
774of the local government to pay such invoices within 90 days, the
775regional planning agency may, upon filing proper vouchers with
776the Chief Financial Officer, request payment by the Chief
777Financial Officer from unencumbered revenue or other tax sharing
778funds due such local government from the state for work actually
779performed, and the Chief Financial Officer shall pay such
780vouchers; however, the amount of such payment shall not exceed
78150 percent of such funds due such local government in any one
782year.
783     (7)  A local government that is being requested to pay
784costs may seek an administrative hearing pursuant to ss. 120.569
785and 120.57 to challenge the amount of costs and to determine if
786the statutory prerequisites for payment have been complied with.
787Final agency action shall be taken by the state land planning
788agency. Payment shall be withheld as to disputed amounts until
789proceedings under this subsection have been completed.
790     (5)(8)  Nothing in this act shall limit or modify the
791rights of any person to complete any development that has been
792authorized as a development of regional impact pursuant to
793chapter 380 or who has been issued a final local development
794order and development has commenced and is continuing in good
795faith.
796     (6)(9)  The Reedy Creek Improvement District shall exercise
797the authority of this part as it applies to municipalities,
798consistent with the legislative act under which it was
799established, for the total area under its jurisdiction.
800     (7)(10)  Nothing in this part shall supersede any provision
801of ss. 341.8201-341.842.
802     (11)  Each local government is encouraged to articulate a
803vision of the future physical appearance and qualities of its
804community as a component of its local comprehensive plan. The
805vision should be developed through a collaborative planning
806process with meaningful public participation and shall be
807adopted by the governing body of the jurisdiction. Neighboring
808communities, especially those sharing natural resources or
809physical or economic infrastructure, are encouraged to create
810collective visions for greater-than-local areas. Such collective
811visions shall apply in each city or county only to the extent
812that each local government chooses to make them applicable. The
813state land planning agency shall serve as a clearinghouse for
814creating a community vision of the future and may utilize the
815Growth Management Trust Fund, created by s. 186.911, to provide
816grants to help pay the costs of local visioning programs. When a
817local vision of the future has been created, a local government
818should review its comprehensive plan, land development
819regulations, and capital improvement program to ensure that
820these instruments will help to move the community toward its
821vision in a manner consistent with this act and with the state
822comprehensive plan. A local or regional vision must be
823consistent with the state vision, when adopted, and be
824internally consistent with the local or regional plan of which
825it is a component. The state land planning agency shall not
826adopt minimum criteria for evaluating or judging the form or
827content of a local or regional vision.
828     (8)(12)  An initiative or referendum process in regard to
829any development order or in regard to any local comprehensive
830plan amendment or map amendment that affects five or fewer
831parcels of land is prohibited.
832     (9)(13)  Each local government shall address in its
833comprehensive plan, as enumerated in this chapter, the water
834supply sources necessary to meet and achieve the existing and
835projected water use demand for the established planning period,
836considering the applicable plan developed pursuant to s.
837373.709.
838     (10)(14)(a)  If a local government grants a development
839order pursuant to its adopted land development regulations and
840the order is not the subject of a pending appeal and the
841timeframe for filing an appeal has expired, the development
842order may not be invalidated by a subsequent judicial
843determination that such land development regulations, or any
844portion thereof that is relevant to the development order, are
845invalid because of a deficiency in the approval standards.
846     (b)  This subsection does not preclude or affect the timely
847institution of any other remedy available at law or equity,
848including a common law writ of certiorari proceeding pursuant to
849Rule 9.190, Florida Rules of Appellate Procedure, or an original
850proceeding pursuant to s. 163.3215, as applicable.
851     (c)  This subsection applies retroactively to any
852development order granted on or after January 1, 2002.
853     Section 8.  Section 163.3168, Florida Statutes, is created
854to read:
855     163.3168  Planning innovations and technical assistance.-
856     (1)  The Legislature recognizes the need for innovative
857planning and development strategies to promote a diverse economy
858and vibrant rural and urban communities, while protecting
859environmentally sensitive areas. The Legislature further
860recognizes the substantial advantages of innovative approaches
861to development directed to meet the needs of urban, rural, and
862suburban areas.
863     (2)  Local governments are encouraged to apply innovative
864planning tools, including, but not limited to, visioning, sector
865planning, and rural land stewardship area designations to
866address future new development areas, urban service area
867designations, urban growth boundaries, and mixed-use, high-
868density development in urban areas.
869     (3)  The state land planning agency shall help communities
870find creative solutions to fostering vibrant, healthy
871communities, while protecting the functions of important state
872resources and facilities. The state land planning agency and all
873other appropriate state and regional agencies may use various
874means to provide direct and indirect technical assistance within
875available resources. If plan amendments may adversely impact
876important state resources or facilities, upon request by the
877local government, the state land planning agency shall
878coordinate multi-agency assistance, if needed, in developing an
879amendment to minimize impacts on such resources or facilities.
880     Section 9.  Subsection (4) of section 163.3171, Florida
881Statutes, is amended to read:
882     163.3171  Areas of authority under this act.-
883     (4)  The state land planning agency and a Local governments
884may government shall have the power to enter into agreements
885with each other and to agree together to enter into agreements
886with a landowner, developer, or governmental agency as may be
887necessary or desirable to effectuate the provisions and purposes
888of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
889and 163.3248. It is the Legislature's intent that joint
890agreements entered into under the authority of this section be
891liberally, broadly, and flexibly construed to facilitate
892intergovernmental cooperation between cities and counties and to
893encourage planning in advance of jurisdictional changes. Joint
894agreements, executed before or after the effective date of this
895act, include, but are not limited to, agreements that
896contemplate municipal adoption of plans or plan amendments for
897lands in advance of annexation of such lands into the
898municipality, and may permit municipalities and counties to
899exercise nonexclusive extrajurisdictional authority within
900incorporated and unincorporated areas. The state land planning
901agency may not interpret, invalidate, or declare inoperative
902such joint agreements, and the validity of joint agreements may
903not be a basis for finding plans or plan amendments not in
904compliance pursuant to chapter law.
905     Section 10.  Subsection (1) of section 163.3174, Florida
906Statutes, is amended to read:
907     163.3174  Local planning agency.-
908     (1)  The governing body of each local government,
909individually or in combination as provided in s. 163.3171, shall
910designate and by ordinance establish a "local planning agency,"
911unless the agency is otherwise established by law.
912Notwithstanding any special act to the contrary, all local
913planning agencies or equivalent agencies that first review
914rezoning and comprehensive plan amendments in each municipality
915and county shall include a representative of the school district
916appointed by the school board as a nonvoting member of the local
917planning agency or equivalent agency to attend those meetings at
918which the agency considers comprehensive plan amendments and
919rezonings that would, if approved, increase residential density
920on the property that is the subject of the application. However,
921this subsection does not prevent the governing body of the local
922government from granting voting status to the school board
923member. The governing body may designate itself as the local
924planning agency pursuant to this subsection with the addition of
925a nonvoting school board representative. The governing body
926shall notify the state land planning agency of the establishment
927of its local planning agency. All local planning agencies shall
928provide opportunities for involvement by applicable community
929college boards, which may be accomplished by formal
930representation, membership on technical advisory committees, or
931other appropriate means. The local planning agency shall prepare
932the comprehensive plan or plan amendment after hearings to be
933held after public notice and shall make recommendations to the
934governing body regarding the adoption or amendment of the plan.
935The agency may be a local planning commission, the planning
936department of the local government, or other instrumentality,
937including a countywide planning entity established by special
938act or a council of local government officials created pursuant
939to s. 163.02, provided the composition of the council is fairly
940representative of all the governing bodies in the county or
941planning area; however:
942     (a)  If a joint planning entity is in existence on the
943effective date of this act which authorizes the governing bodies
944to adopt and enforce a land use plan effective throughout the
945joint planning area, that entity shall be the agency for those
946local governments until such time as the authority of the joint
947planning entity is modified by law.
948     (b)  In the case of chartered counties, the planning
949responsibility between the county and the several municipalities
950therein shall be as stipulated in the charter.
951     Section 11.  Subsections (6) and (9) of section 163.3175,
952Florida Statutes, are amended to read:
953     163.3175  Legislative findings on compatibility of
954development with military installations; exchange of information
955between local governments and military installations.-
956     (6)  The affected local government shall take into
957consideration any comments provided by the commanding officer or
958his or her designee pursuant to subsection (4) and must also be
959sensitive to private property rights and not be unduly
960restrictive on those rights. The affected local government shall
961forward a copy of any comments regarding comprehensive plan
962amendments to the state land planning agency.
963     (9)  If a local government, as required under s.
964163.3177(6)(a), does not adopt criteria and address
965compatibility of lands adjacent to or closely proximate to
966existing military installations in its future land use plan
967element by June 30, 2012, the local government, the military
968installation, the state land planning agency, and other parties
969as identified by the regional planning council, including, but
970not limited to, private landowner representatives, shall enter
971into mediation conducted pursuant to s. 186.509. If the local
972government comprehensive plan does not contain criteria
973addressing compatibility by December 31, 2013, the agency may
974notify the Administration Commission. The Administration
975Commission may impose sanctions pursuant to s. 163.3184(8)(11).
976Any local government that amended its comprehensive plan to
977address military installation compatibility requirements after
9782004 and was found to be in compliance is deemed to be in
979compliance with this subsection until the local government
980conducts its evaluation and appraisal review pursuant to s.
981163.3191 and determines that amendments are necessary to meet
982updated general law requirements.
983     Section 12.  Section 163.3177, Florida Statutes, is amended
984to read:
985     163.3177  Required and optional elements of comprehensive
986plan; studies and surveys.-
987     (1)  The comprehensive plan shall provide the consist of
988materials in such descriptive form, written or graphic, as may
989be appropriate to the prescription of principles, guidelines,
990and standards, and strategies for the orderly and balanced
991future economic, social, physical, environmental, and fiscal
992development of the area that reflects community commitments to
993implement the plan and its elements. These principles and
994strategies shall guide future decisions in a consistent manner
995and shall contain programs and activities to ensure
996comprehensive plans are implemented. The sections of the
997comprehensive plan containing the principles and strategies,
998generally provided as goals, objectives, and policies, shall
999describe how the local government's programs, activities, and
1000land development regulations will be initiated, modified, or
1001continued to implement the comprehensive plan in a consistent
1002manner. It is not the intent of this part to require the
1003inclusion of implementing regulations in the comprehensive plan
1004but rather to require identification of those programs,
1005activities, and land development regulations that will be part
1006of the strategy for implementing the comprehensive plan and the
1007principles that describe how the programs, activities, and land
1008development regulations will be carried out. The plan shall
1009establish meaningful and predictable standards for the use and
1010development of land and provide meaningful guidelines for the
1011content of more detailed land development and use regulations.
1012     (a)  The comprehensive plan shall consist of elements as
1013described in this section, and may include optional elements.
1014     (b)  A local government may include, as part of its adopted
1015plan, documents adopted by reference but not incorporated
1016verbatim into the plan. The adoption by reference must identify
1017the title and author of the document and indicate clearly what
1018provisions and edition of the document is being adopted.
1019     (c)  The format of these principles and guidelines is at
1020the discretion of the local government, but typically is
1021expressed in goals, objectives, policies, and strategies.
1022     (d)  Proposed elements shall identify procedures for
1023monitoring, evaluating, and appraising implementation of the
1024plan.
1025     (e)  When a federal, state, or regional agency has
1026implemented a regulatory program, a local government is not
1027required to duplicate or exceed that regulatory program in its
1028local comprehensive plan.
1029     (f)  All mandatory and optional elements of the
1030comprehensive plan and plan amendments shall be based upon a
1031justification by the local government that may include, but not
1032be limited to, surveys, studies, community goals and vision, and
1033other data available at the time of adoption of the
1034comprehensive plan or plan amendment. To be based on data means
1035to react to it in an appropriate way and to the extent necessary
1036indicated by the data available on that particular subject at
1037the time of adoption of the plan or plan amendment at issue.
1038     1.  Surveys, studies, and data utilized in the preparation
1039of the comprehensive plan may not be deemed a part of the
1040comprehensive plan unless adopted as a part of it. Copies of
1041such studies, surveys, data, and supporting documents shall be
1042made available for public inspection, and copies of such plans
1043shall be made available to the public upon payment of reasonable
1044charges for reproduction. Support data or summaries are not
1045subject to the compliance review process, but the comprehensive
1046plan must be clearly based on appropriate data. Support data or
1047summaries may be used to aid in the determination of compliance
1048and consistency.
1049     2.  Data must be taken from professionally accepted
1050sources. The application of a methodology utilized in data
1051collection or whether a particular methodology is professionally
1052accepted may be evaluated. However, the evaluation may not
1053include whether one accepted methodology is better than another.
1054Original data collection by local governments is not required.
1055However, local governments may use original data so long as
1056methodologies are professionally accepted.
1057     3.  The comprehensive plan shall be based upon resident and
1058seasonal population estimates and projections, which shall
1059either be those provided by the University of Florida's Bureau
1060of Economic and Business Research or generated by the local
1061government based upon a professionally acceptable methodology.
1062The plan must be based on at least the minimum amount of land
1063required to accommodate the medium projections of the University
1064of Florida's Bureau of Economic and Business Research for at
1065least a 10-year planning period unless otherwise limited under
1066s. 380.05, including related rules of the Administration
1067Commission.
1068     (2)  Coordination of the several elements of the local
1069comprehensive plan shall be a major objective of the planning
1070process. The several elements of the comprehensive plan shall be
1071consistent. Where data is relevant to several elements,
1072consistent data shall be used, including population estimates
1073and projections unless alternative data can be justified for a
1074plan amendment through new supporting data and analysis. Each
1075map depicting future conditions must reflect the principles,
1076guidelines, and standards within all elements and each such map
1077must be contained within the comprehensive plan, and the
1078comprehensive plan shall be financially feasible. Financial
1079feasibility shall be determined using professionally accepted
1080methodologies and applies to the 5-year planning period, except
1081in the case of a long-term transportation or school concurrency
1082management system, in which case a 10-year or 15-year period
1083applies.
1084     (3)(a)  The comprehensive plan shall contain a capital
1085improvements element designed to consider the need for and the
1086location of public facilities in order to encourage the
1087efficient use of such facilities and set forth:
1088     1.  A component that outlines principles for construction,
1089extension, or increase in capacity of public facilities, as well
1090as a component that outlines principles for correcting existing
1091public facility deficiencies, which are necessary to implement
1092the comprehensive plan. The components shall cover at least a 5-
1093year period.
1094     2.  Estimated public facility costs, including a
1095delineation of when facilities will be needed, the general
1096location of the facilities, and projected revenue sources to
1097fund the facilities.
1098     3.  Standards to ensure the availability of public
1099facilities and the adequacy of those facilities including
1100acceptable levels of service.
1101     4.  Standards for the management of debt.
1102     4.5.  A schedule of capital improvements which includes any
1103publicly funded projects of federal, state, or local government,
1104and which may include privately funded projects for which the
1105local government has no fiscal responsibility. Projects,
1106necessary to ensure that any adopted level-of-service standards
1107are achieved and maintained for the 5-year period must be
1108identified as either funded or unfunded and given a level of
1109priority for funding. For capital improvements that will be
1110funded by the developer, financial feasibility shall be
1111demonstrated by being guaranteed in an enforceable development
1112agreement or interlocal agreement pursuant to paragraph (10)(h),
1113or other enforceable agreement. These development agreements and
1114interlocal agreements shall be reflected in the schedule of
1115capital improvements if the capital improvement is necessary to
1116serve development within the 5-year schedule. If the local
1117government uses planned revenue sources that require referenda
1118or other actions to secure the revenue source, the plan must, in
1119the event the referenda are not passed or actions do not secure
1120the planned revenue source, identify other existing revenue
1121sources that will be used to fund the capital projects or
1122otherwise amend the plan to ensure financial feasibility.
1123     5.6.  The schedule must include transportation improvements
1124included in the applicable metropolitan planning organization's
1125transportation improvement program adopted pursuant to s.
1126339.175(8) to the extent that such improvements are relied upon
1127to ensure concurrency and financial feasibility. The schedule
1128must also be coordinated with the applicable metropolitan
1129planning organization's long-range transportation plan adopted
1130pursuant to s. 339.175(7).
1131     (b)1.  The capital improvements element must be reviewed by
1132the local government on an annual basis. Modifications and
1133modified as necessary in accordance with s. 163.3187 or s.
1134163.3189 in order to update the maintain a financially feasible
11355-year capital improvement schedule of capital improvements.
1136Corrections and modifications concerning costs; revenue sources;
1137or acceptance of facilities pursuant to dedications which are
1138consistent with the plan may be accomplished by ordinance and
1139may shall not be deemed to be amendments to the local
1140comprehensive plan. A copy of the ordinance shall be transmitted
1141to the state land planning agency. An amendment to the
1142comprehensive plan is required to update the schedule on an
1143annual basis or to eliminate, defer, or delay the construction
1144for any facility listed in the 5-year schedule. All public
1145facilities must be consistent with the capital improvements
1146element. The annual update to the capital improvements element
1147of the comprehensive plan need not comply with the financial
1148feasibility requirement until December 1, 2011. Thereafter, a
1149local government may not amend its future land use map, except
1150for plan amendments to meet new requirements under this part and
1151emergency amendments pursuant to s. 163.3187(1)(a), after
1152December 1, 2011, and every year thereafter, unless and until
1153the local government has adopted the annual update and it has
1154been transmitted to the state land planning agency.
1155     2.  Capital improvements element amendments adopted after
1156the effective date of this act shall require only a single
1157public hearing before the governing board which shall be an
1158adoption hearing as described in s. 163.3184(7). Such amendments
1159are not subject to the requirements of s. 163.3184(3)-(6).
1160     (c)  If the local government does not adopt the required
1161annual update to the schedule of capital improvements, the state
1162land planning agency must notify the Administration Commission.
1163A local government that has a demonstrated lack of commitment to
1164meeting its obligations identified in the capital improvements
1165element may be subject to sanctions by the Administration
1166Commission pursuant to s. 163.3184(11).
1167     (d)  If a local government adopts a long-term concurrency
1168management system pursuant to s. 163.3180(9), it must also adopt
1169a long-term capital improvements schedule covering up to a 10-
1170year or 15-year period, and must update the long-term schedule
1171annually. The long-term schedule of capital improvements must be
1172financially feasible.
1173     (e)  At the discretion of the local government and
1174notwithstanding the requirements of this subsection, a
1175comprehensive plan, as revised by an amendment to the plan's
1176future land use map, shall be deemed to be financially feasible
1177and to have achieved and maintained level-of-service standards
1178as required by this section with respect to transportation
1179facilities if the amendment to the future land use map is
1180supported by a:
1181     1.  Condition in a development order for a development of
1182regional impact or binding agreement that addresses
1183proportionate-share mitigation consistent with s. 163.3180(12);
1184or
1185     2.  Binding agreement addressing proportionate fair-share
1186mitigation consistent with s. 163.3180(16)(f) and the property
1187subject to the amendment to the future land use map is located
1188within an area designated in a comprehensive plan for urban
1189infill, urban redevelopment, downtown revitalization, urban
1190infill and redevelopment, or an urban service area. The binding
1191agreement must be based on the maximum amount of development
1192identified by the future land use map amendment or as may be
1193otherwise restricted through a special area plan policy or map
1194notation in the comprehensive plan.
1195     (f)  A local government's comprehensive plan and plan
1196amendments for land uses within all transportation concurrency
1197exception areas that are designated and maintained in accordance
1198with s. 163.3180(5) shall be deemed to meet the requirement to
1199achieve and maintain level-of-service standards for
1200transportation.
1201     (4)(a)  Coordination of the local comprehensive plan with
1202the comprehensive plans of adjacent municipalities, the county,
1203adjacent counties, or the region; with the appropriate water
1204management district's regional water supply plans approved
1205pursuant to s. 373.709; and with adopted rules pertaining to
1206designated areas of critical state concern; and with the state
1207comprehensive plan shall be a major objective of the local
1208comprehensive planning process. To that end, in the preparation
1209of a comprehensive plan or element thereof, and in the
1210comprehensive plan or element as adopted, the governing body
1211shall include a specific policy statement indicating the
1212relationship of the proposed development of the area to the
1213comprehensive plans of adjacent municipalities, the county,
1214adjacent counties, or the region and to the state comprehensive
1215plan, as the case may require and as such adopted plans or plans
1216in preparation may exist.
1217     (b)  When all or a portion of the land in a local
1218government jurisdiction is or becomes part of a designated area
1219of critical state concern, the local government shall clearly
1220identify those portions of the local comprehensive plan that
1221shall be applicable to the critical area and shall indicate the
1222relationship of the proposed development of the area to the
1223rules for the area of critical state concern.
1224     (5)(a)  Each local government comprehensive plan must
1225include at least two planning periods, one covering at least the
1226first 5-year period occurring after the plan's adoption and one
1227covering at least a 10-year period. Additional planning periods
1228for specific components, elements, land use amendments, or
1229projects shall be permissible and accepted as part of the
1230planning process.
1231     (b)  The comprehensive plan and its elements shall contain
1232guidelines or policies policy recommendations for the
1233implementation of the plan and its elements.
1234     (6)  In addition to the requirements of subsections (1)-(5)
1235and (12), the comprehensive plan shall include the following
1236elements:
1237     (a)  A future land use plan element designating proposed
1238future general distribution, location, and extent of the uses of
1239land for residential uses, commercial uses, industry,
1240agriculture, recreation, conservation, education, public
1241buildings and grounds, other public facilities, and other
1242categories of the public and private uses of land. The
1243approximate acreage and the general range of density or
1244intensity of use shall be provided for the gross land area
1245included in each existing land use category. The element shall
1246establish the long-term end toward which land use programs and
1247activities are ultimately directed. Counties are encouraged to
1248designate rural land stewardship areas, pursuant to paragraph
1249(11)(d), as overlays on the future land use map.
1250     1.  Each future land use category must be defined in terms
1251of uses included, and must include standards to be followed in
1252the control and distribution of population densities and
1253building and structure intensities. The proposed distribution,
1254location, and extent of the various categories of land use shall
1255be shown on a land use map or map series which shall be
1256supplemented by goals, policies, and measurable objectives.
1257     2.  The future land use plan and plan amendments shall be
1258based upon surveys, studies, and data regarding the area, as
1259applicable, including:
1260     a.  The amount of land required to accommodate anticipated
1261growth.;
1262     b.  The projected residential and seasonal population of
1263the area.;
1264     c.  The character of undeveloped land.;
1265     d.  The availability of water supplies, public facilities,
1266and services.;
1267     e.  The need for redevelopment, including the renewal of
1268blighted areas and the elimination of nonconforming uses which
1269are inconsistent with the character of the community.;
1270     f.  The compatibility of uses on lands adjacent to or
1271closely proximate to military installations.;
1272     g.  The compatibility of uses on lands adjacent to an
1273airport as defined in s. 330.35 and consistent with s. 333.02.;
1274     h.  The discouragement of urban sprawl.; energy-efficient
1275land use patterns accounting for existing and future electric
1276power generation and transmission systems; greenhouse gas
1277reduction strategies; and, in rural communities,
1278     i.  The need for job creation, capital investment, and
1279economic development that will strengthen and diversify the
1280community's economy.
1281     j.  The need to modify land uses and development patterns
1282within antiquated subdivisions. The future land use plan may
1283designate areas for future planned development use involving
1284combinations of types of uses for which special regulations may
1285be necessary to ensure development in accord with the principles
1286and standards of the comprehensive plan and this act.
1287     3.  The future land use plan element shall include criteria
1288to be used to:
1289     a.  Achieve the compatibility of lands adjacent or closely
1290proximate to military installations, considering factors
1291identified in s. 163.3175(5)., and
1292     b.  Achieve the compatibility of lands adjacent to an
1293airport as defined in s. 330.35 and consistent with s. 333.02.
1294     c.  Encourage preservation of recreational and commercial
1295working waterfronts for water dependent uses in coastal
1296communities.
1297     d.  Encourage the location of schools proximate to urban
1298residential areas to the extent possible.
1299     e.  Coordinate future land uses with the topography and
1300soil conditions, and the availability of facilities and
1301services.
1302     f.  Ensure the protection of natural and historic
1303resources.
1304     g.  Provide for the compatibility of adjacent land uses.
1305     h.  Provide guidelines for the implementation of mixed use
1306development including the types of uses allowed, the percentage
1307distribution among the mix of uses, or other standards, and the
1308density and intensity of each use.
1309     4.  In addition, for rural communities, The amount of land
1310designated for future planned uses industrial use shall provide
1311a balance of uses that foster vibrant, viable communities and
1312economic development opportunities and address outdated
1313development patterns, such as antiquated subdivisions. The
1314amount of land designated for future land uses should allow the
1315operation of real estate markets to provide adequate choices for
1316permanent and seasonal residents and business and be based upon
1317surveys and studies that reflect the need for job creation,
1318capital investment, and the necessity to strengthen and
1319diversify the local economies, and may not be limited solely by
1320the projected population of the rural community. The element
1321shall accommodate at least the minimum amount of land required
1322to accommodate the medium projections of the University of
1323Florida's Bureau of Economic and Business Research for at least
1324a 10-year planning period unless otherwise limited under s.
1325380.05, including related rules of the Administration
1326Commission.
1327     5.  The future land use plan of a county may also designate
1328areas for possible future municipal incorporation.
1329     6.  The land use maps or map series shall generally
1330identify and depict historic district boundaries and shall
1331designate historically significant properties meriting
1332protection. For coastal counties, the future land use element
1333must include, without limitation, regulatory incentives and
1334criteria that encourage the preservation of recreational and
1335commercial working waterfronts as defined in s. 342.07.
1336     7.  The future land use element must clearly identify the
1337land use categories in which public schools are an allowable
1338use. When delineating the land use categories in which public
1339schools are an allowable use, a local government shall include
1340in the categories sufficient land proximate to residential
1341development to meet the projected needs for schools in
1342coordination with public school boards and may establish
1343differing criteria for schools of different type or size. Each
1344local government shall include lands contiguous to existing
1345school sites, to the maximum extent possible, within the land
1346use categories in which public schools are an allowable use. The
1347failure by a local government to comply with these school siting
1348requirements will result in the prohibition of the local
1349government's ability to amend the local comprehensive plan,
1350except for plan amendments described in s. 163.3187(1)(b), until
1351the school siting requirements are met. Amendments proposed by a
1352local government for purposes of identifying the land use
1353categories in which public schools are an allowable use are
1354exempt from the limitation on the frequency of plan amendments
1355contained in s. 163.3187. The future land use element shall
1356include criteria that encourage the location of schools
1357proximate to urban residential areas to the extent possible and
1358shall require that the local government seek to collocate public
1359facilities, such as parks, libraries, and community centers,
1360with schools to the extent possible and to encourage the use of
1361elementary schools as focal points for neighborhoods. For
1362schools serving predominantly rural counties, defined as a
1363county with a population of 100,000 or fewer, an agricultural
1364land use category is eligible for the location of public school
1365facilities if the local comprehensive plan contains school
1366siting criteria and the location is consistent with such
1367criteria.
1368     8.  Future land use map amendments shall be based upon the
1369following analyses:
1370     a.  An analysis of the availability of facilities and
1371services.
1372     b.  An analysis of the suitability of the plan amendment
1373for its proposed use considering the character of the
1374undeveloped land, soils, topography, natural resources, and
1375historic resources on site.
1376     c.  An analysis of the minimum amount of land needed as
1377determined by the local government.
1378     9.  The future land use element and any amendment to the
1379future land use element shall discourage the proliferation of
1380urban sprawl.
1381     a.  The primary indicators that a plan or plan amendment
1382does not discourage the proliferation of urban sprawl are listed
1383below. The evaluation of the presence of these indicators shall
1384consist of an analysis of the plan or plan amendment within the
1385context of features and characteristics unique to each locality
1386in order to determine whether the plan or plan amendment:
1387     (I)  Promotes, allows, or designates for development
1388substantial areas of the jurisdiction to develop as low-
1389intensity, low-density, or single-use development or uses.
1390     (II)  Promotes, allows, or designates significant amounts
1391of urban development to occur in rural areas at substantial
1392distances from existing urban areas while not using undeveloped
1393lands that are available and suitable for development.
1394     (III)  Promotes, allows, or designates urban development in
1395radial, strip, isolated, or ribbon patterns generally emanating
1396from existing urban developments.
1397     (IV)  Fails to adequately protect and conserve natural
1398resources, such as wetlands, floodplains, native vegetation,
1399environmentally sensitive areas, natural groundwater aquifer
1400recharge areas, lakes, rivers, shorelines, beaches, bays,
1401estuarine systems, and other significant natural systems.
1402     (V)  Fails to adequately protect adjacent agricultural
1403areas and activities, including silviculture, active
1404agricultural and silvicultural activities, passive agricultural
1405activities, and dormant, unique, and prime farmlands and soils.
1406     (VI)  Fails to maximize use of existing public facilities
1407and services.
1408     (VII)  Fails to maximize use of future public facilities
1409and services.
1410     (VIII)  Allows for land use patterns or timing which
1411disproportionately increase the cost in time, money, and energy
1412of providing and maintaining facilities and services, including
1413roads, potable water, sanitary sewer, stormwater management, law
1414enforcement, education, health care, fire and emergency
1415response, and general government.
1416     (IX)  Fails to provide a clear separation between rural and
1417urban uses.
1418     (X)  Discourages or inhibits infill development or the
1419redevelopment of existing neighborhoods and communities.
1420     (XI)  Fails to encourage a functional mix of uses.
1421     (XII)  Results in poor accessibility among linked or
1422related land uses.
1423     (XIII)  Results in the loss of significant amounts of
1424functional open space.
1425     b.  The future land use element or plan amendment shall be
1426determined to discourage the proliferation of urban sprawl if it
1427incorporates a development pattern or urban form that achieves
1428four or more of the following:
1429     (I)  Directs or locates economic growth and associated land
1430development to geographic areas of the community in a manner
1431that does not have an adverse impact on and protects natural
1432resources and ecosystems.
1433     (II)  Promotes the efficient and cost-effective provision
1434or extension of public infrastructure and services.
1435     (III)  Promotes walkable and connected communities and
1436provides for compact development and a mix of uses at densities
1437and intensities that will support a range of housing choices and
1438a multimodal transportation system, including pedestrian,
1439bicycle, and transit, if available.
1440     (IV)  Promotes conservation of water and energy.
1441     (V)  Preserves agricultural areas and activities, including
1442silviculture, and dormant, unique, and prime farmlands and
1443soils.
1444     (VI)  Preserves open space and natural lands and provides
1445for public open space and recreation needs.
1446     (VII)  Creates a balance of land uses based upon demands of
1447residential population for the nonresidential needs of an area.
1448     (VIII)  Provides uses, densities, and intensities of use
1449and urban form that would remediate an existing or planned
1450development pattern in the vicinity that constitutes sprawl or
1451if it provides for an innovative development pattern such as
1452transit-oriented developments or new towns as defined in s.
1453163.3164.
1454     10.  The future land use element shall include a future
1455land use map or map series.
1456     a.  The proposed distribution, extent, and location of the
1457following uses shall be shown on the future land use map or map
1458series:
1459     (I)  Residential.
1460     (II)  Commercial.
1461     (III)  Industrial.
1462     (IV)  Agricultural.
1463     (V)  Recreational.
1464     (VI)  Conservation.
1465     (VII)  Educational.
1466     (VIII)  Public.
1467     b.  The following areas shall also be shown on the future
1468land use map or map series, if applicable:
1469     (I)  Historic district boundaries and designated
1470historically significant properties.
1471     (II)  Transportation concurrency management area boundaries
1472or transportation concurrency exception area boundaries.
1473     (III)  Multimodal transportation district boundaries.
1474     (IV)  Mixed use categories.
1475     c.  The following natural resources or conditions shall be
1476shown on the future land use map or map series, if applicable:
1477     (I)  Existing and planned public potable waterwells, cones
1478of influence, and wellhead protection areas.
1479     (II)  Beaches and shores, including estuarine systems.
1480     (III)  Rivers, bays, lakes, floodplains, and harbors.
1481     (IV)  Wetlands.
1482     (V)  Minerals and soils.
1483     (VI)  Coastal high hazard areas.
1484     11.  Local governments required to update or amend their
1485comprehensive plan to include criteria and address compatibility
1486of lands adjacent or closely proximate to existing military
1487installations, or lands adjacent to an airport as defined in s.
1488330.35 and consistent with s. 333.02, in their future land use
1489plan element shall transmit the update or amendment to the state
1490land planning agency by June 30, 2012.
1491     (b)1.  A transportation element addressing mobility issues
1492in relationship to the size and character of the local
1493government. The purpose of the transportation element shall be
1494to plan for a multimodal transportation system that places
1495emphasis on public transportation systems, where feasible. The
1496element shall provide for a safe, convenient multimodal
1497transportation system, coordinated with the future land use map
1498or map series and designed to support all elements of the
1499comprehensive plan. A local government that has all or part of
1500its jurisdiction included within the metropolitan planning area
1501of a metropolitan planning organization (M.P.O.) pursuant to s.
1502339.175 shall prepare and adopt a transportation element
1503consistent with this subsection. Local governments that are not
1504located within the metropolitan planning area of an M.P.O. shall
1505address traffic circulation, mass transit, and ports, and
1506aviation and related facilities consistent with this subsection,
1507except that local governments with a population of 50,000 or
1508less shall only be required to address transportation
1509circulation. The element shall be coordinated with the plans and
1510programs of any applicable metropolitan planning organization,
1511transportation authority, Florida Transportation Plan, and
1512Department of Transportation's adopted work program. The
1513transportation element shall address
1514     (b)  A traffic circulation, including element consisting of
1515the types, locations, and extent of existing and proposed major
1516thoroughfares and transportation routes, including bicycle and
1517pedestrian ways. Transportation corridors, as defined in s.
1518334.03, may be designated in the transportation traffic
1519circulation element pursuant to s. 337.273. If the
1520transportation corridors are designated, the local government
1521may adopt a transportation corridor management ordinance. The
1522element shall reflect the data, analysis, and associated
1523principles and strategies relating to:
1524     a.  The existing transportation system levels of service
1525and system needs and the availability of transportation
1526facilities and services.
1527     b.  The growth trends and travel patterns and interactions
1528between land use and transportation.
1529     c.  Existing and projected intermodal deficiencies and
1530needs.
1531     d.  The projected transportation system levels of service
1532and system needs based upon the future land use map and the
1533projected integrated transportation system.
1534     e.  How the local government will correct existing facility
1535deficiencies, meet the identified needs of the projected
1536transportation system, and advance the purpose of this paragraph
1537and the other elements of the comprehensive plan.
1538     2.  Local governments within a metropolitan planning area
1539designated as an M.P.O. pursuant to s. 339.175 shall also
1540address:
1541     a.  All alternative modes of travel, such as public
1542transportation, pedestrian, and bicycle travel.
1543     b.  Aviation, rail, seaport facilities, access to those
1544facilities, and intermodal terminals.
1545     c.  The capability to evacuate the coastal population
1546before an impending natural disaster.
1547     d.  Airports, projected airport and aviation development,
1548and land use compatibility around airports, which includes areas
1549defined in ss. 333.01 and 333.02.
1550     e.  An identification of land use densities, building
1551intensities, and transportation management programs to promote
1552public transportation systems in designated public
1553transportation corridors so as to encourage population densities
1554sufficient to support such systems.
1555     3.  Mass-transit provisions showing proposed methods for
1556the moving of people, rights-of-way, terminals, and related
1557facilities shall address:
1558     a.  The provision of efficient public transit services
1559based upon existing and proposed major trip generators and
1560attractors, safe and convenient public transit terminals, land
1561uses, and accommodation of the special needs of the
1562transportation disadvantaged.
1563     b.  Plans for port, aviation, and related facilities
1564coordinated with the general circulation and transportation
1565element.
1566     c.  Plans for the circulation of recreational traffic,
1567including bicycle facilities, exercise trails, riding
1568facilities, and such other matters as may be related to the
1569improvement and safety of movement of all types of recreational
1570traffic.
1571     4.  An airport master plan, and any subsequent amendments
1572to the airport master plan, prepared by a licensed publicly
1573owned and operated airport under s. 333.06 may be incorporated
1574into the local government comprehensive plan by the local
1575government having jurisdiction under this act for the area in
1576which the airport or projected airport development is located by
1577the adoption of a comprehensive plan amendment. In the amendment
1578to the local comprehensive plan that integrates the airport
1579master plan, the comprehensive plan amendment shall address land
1580use compatibility consistent with chapter 333 regarding airport
1581zoning; the provision of regional transportation facilities for
1582the efficient use and operation of the transportation system and
1583airport; consistency with the local government transportation
1584circulation element and applicable M.P.O. long-range
1585transportation plans; the execution of any necessary interlocal
1586agreements for the purposes of the provision of public
1587facilities and services to maintain the adopted level-of-service
1588standards for facilities subject to concurrency; and may address
1589airport-related or aviation-related development. Development or
1590expansion of an airport consistent with the adopted airport
1591master plan that has been incorporated into the local
1592comprehensive plan in compliance with this part, and airport-
1593related or aviation-related development that has been addressed
1594in the comprehensive plan amendment that incorporates the
1595airport master plan, do not constitute a development of regional
1596impact. Notwithstanding any other general law, an airport that
1597has received a development-of-regional-impact development order
1598pursuant to s. 380.06, but which is no longer required to
1599undergo development-of-regional-impact review pursuant to this
1600subsection, may rescind its development-of-regional-impact order
1601upon written notification to the applicable local government.
1602Upon receipt by the local government, the development-of-
1603regional-impact development order shall be deemed rescinded.
1604     5.  The transportation element shall include a map or map
1605series showing the general location of the existing and proposed
1606transportation system features and shall be coordinated with the
1607future land use map or map series. The traffic circulation
1608element shall incorporate transportation strategies to address
1609reduction in greenhouse gas emissions from the transportation
1610sector.
1611     (c)  A general sanitary sewer, solid waste, drainage,
1612potable water, and natural groundwater aquifer recharge element
1613correlated to principles and guidelines for future land use,
1614indicating ways to provide for future potable water, drainage,
1615sanitary sewer, solid waste, and aquifer recharge protection
1616requirements for the area. The element may be a detailed
1617engineering plan including a topographic map depicting areas of
1618prime groundwater recharge.
1619     1.  Each local government shall address in the data and
1620analyses required by this section those facilities that provide
1621service within the local government's jurisdiction. Local
1622governments that provide facilities to serve areas within other
1623local government jurisdictions shall also address those
1624facilities in the data and analyses required by this section,
1625using data from the comprehensive plan for those areas for the
1626purpose of projecting facility needs as required in this
1627subsection. For shared facilities, each local government shall
1628indicate the proportional capacity of the systems allocated to
1629serve its jurisdiction.
1630     2.  The element shall describe the problems and needs and
1631the general facilities that will be required for solution of the
1632problems and needs, including correcting existing facility
1633deficiencies. The element shall address coordinating the
1634extension of, or increase in the capacity of, facilities to meet
1635future needs while maximizing the use of existing facilities and
1636discouraging urban sprawl; conservation of potable water
1637resources; and protecting the functions of natural groundwater
1638recharge areas and natural drainage features. The element shall
1639also include a topographic map depicting any areas adopted by a
1640regional water management district as prime groundwater recharge
1641areas for the Floridan or Biscayne aquifers. These areas shall
1642be given special consideration when the local government is
1643engaged in zoning or considering future land use for said
1644designated areas. For areas served by septic tanks, soil surveys
1645shall be provided which indicate the suitability of soils for
1646septic tanks.
1647     3.  Within 18 months after the governing board approves an
1648updated regional water supply plan, the element must incorporate
1649the alternative water supply project or projects selected by the
1650local government from those identified in the regional water
1651supply plan pursuant to s. 373.709(2)(a) or proposed by the
1652local government under s. 373.709(8)(b). If a local government
1653is located within two water management districts, the local
1654government shall adopt its comprehensive plan amendment within
165518 months after the later updated regional water supply plan.
1656The element must identify such alternative water supply projects
1657and traditional water supply projects and conservation and reuse
1658necessary to meet the water needs identified in s. 373.709(2)(a)
1659within the local government's jurisdiction and include a work
1660plan, covering at least a 10-year planning period, for building
1661public, private, and regional water supply facilities, including
1662development of alternative water supplies, which are identified
1663in the element as necessary to serve existing and new
1664development. The work plan shall be updated, at a minimum, every
16655 years within 18 months after the governing board of a water
1666management district approves an updated regional water supply
1667plan. Amendments to incorporate the work plan do not count
1668toward the limitation on the frequency of adoption of amendments
1669to the comprehensive plan. Local governments, public and private
1670utilities, regional water supply authorities, special districts,
1671and water management districts are encouraged to cooperatively
1672plan for the development of multijurisdictional water supply
1673facilities that are sufficient to meet projected demands for
1674established planning periods, including the development of
1675alternative water sources to supplement traditional sources of
1676groundwater and surface water supplies.
1677     (d)  A conservation element for the conservation, use, and
1678protection of natural resources in the area, including air,
1679water, water recharge areas, wetlands, waterwells, estuarine
1680marshes, soils, beaches, shores, flood plains, rivers, bays,
1681lakes, harbors, forests, fisheries and wildlife, marine habitat,
1682minerals, and other natural and environmental resources,
1683including factors that affect energy conservation.
1684     1.  The following natural resources, where present within
1685the local government's boundaries, shall be identified and
1686analyzed and existing recreational or conservation uses, known
1687pollution problems, including hazardous wastes, and the
1688potential for conservation, recreation, use, or protection shall
1689also be identified:
1690     a.  Rivers, bays, lakes, wetlands including estuarine
1691marshes, groundwaters, and springs, including information on
1692quality of the resource available.
1693     b.  Floodplains.
1694     c.  Known sources of commercially valuable minerals.
1695     d.  Areas known to have experienced soil erosion problems.
1696     e.  Areas that are the location of recreationally and
1697commercially important fish or shellfish, wildlife, marine
1698habitats, and vegetative communities, including forests,
1699indicating known dominant species present and species listed by
1700federal, state, or local government agencies as endangered,
1701threatened, or species of special concern.
1702     2.  The element must contain principles, guidelines, and
1703standards for conservation that provide long-term goals and
1704which:
1705     a.  Protects air quality.
1706     b.  Conserves, appropriately uses, and protects the quality
1707and quantity of current and projected water sources and waters
1708that flow into estuarine waters or oceanic waters and protect
1709from activities and land uses known to affect adversely the
1710quality and quantity of identified water sources, including
1711natural groundwater recharge areas, wellhead protection areas,
1712and surface waters used as a source of public water supply.
1713     c.  Provides for the emergency conservation of water
1714sources in accordance with the plans of the regional water
1715management district.
1716     d.  Conserves, appropriately uses, and protects minerals,
1717soils, and native vegetative communities, including forests,
1718from destruction by development activities.
1719     e.  Conserves, appropriately uses, and protects fisheries,
1720wildlife, wildlife habitat, and marine habitat and restricts
1721activities known to adversely affect the survival of endangered
1722and threatened wildlife.
1723     f.  Protects existing natural reservations identified in
1724the recreation and open space element.
1725     g.  Maintains cooperation with adjacent local governments
1726to conserve, appropriately use, or protect unique vegetative
1727communities located within more than one local jurisdiction.
1728     h.  Designates environmentally sensitive lands for
1729protection based on locally determined criteria which further
1730the goals and objectives of the conservation element.
1731     i.  Manages hazardous waste to protect natural resources.
1732     j.  Protects and conserves wetlands and the natural
1733functions of wetlands.
1734     k.  Directs future land uses that are incompatible with the
1735protection and conservation of wetlands and wetland functions
1736away from wetlands. The type, intensity or density, extent,
1737distribution, and location of allowable land uses and the types,
1738values, functions, sizes, conditions, and locations of wetlands
1739are land use factors that shall be considered when directing
1740incompatible land uses away from wetlands. Land uses shall be
1741distributed in a manner that minimizes the effect and impact on
1742wetlands. The protection and conservation of wetlands by the
1743direction of incompatible land uses away from wetlands shall
1744occur in combination with other principles, guidelines,
1745standards, and strategies in the comprehensive plan. Where
1746incompatible land uses are allowed to occur, mitigation shall be
1747considered as one means to compensate for loss of wetlands
1748functions.
1749     3.  Local governments shall assess their Current and, as
1750well as projected, water needs and sources for at least a 10-
1751year period based on the demands for industrial, agricultural,
1752and potable water use and the quality and quantity of water
1753available to meet these demands shall be analyzed.  The analysis
1754shall consider the existing levels of water conservation, use,
1755and protection and applicable policies of the regional water
1756management district and further must consider, considering the
1757appropriate regional water supply plan approved pursuant to s.
1758373.709, or, in the absence of an approved regional water supply
1759plan, the district water management plan approved pursuant to s.
1760373.036(2). This information shall be submitted to the
1761appropriate agencies. The land use map or map series contained
1762in the future land use element shall generally identify and
1763depict the following:
1764     1.  Existing and planned waterwells and cones of influence
1765where applicable.
1766     2.  Beaches and shores, including estuarine systems.
1767     3.  Rivers, bays, lakes, flood plains, and harbors.
1768     4.  Wetlands.
1769     5.  Minerals and soils.
1770     6.  Energy conservation.
1771
1772The land uses identified on such maps shall be consistent with
1773applicable state law and rules.
1774     (e)  A recreation and open space element indicating a
1775comprehensive system of public and private sites for recreation,
1776including, but not limited to, natural reservations, parks and
1777playgrounds, parkways, beaches and public access to beaches,
1778open spaces, waterways, and other recreational facilities.
1779     (f)1.  A housing element consisting of standards, plans,
1780and principles, guidelines, standards, and strategies to be
1781followed in:
1782     a.  The provision of housing for all current and
1783anticipated future residents of the jurisdiction.
1784     b.  The elimination of substandard dwelling conditions.
1785     c.  The structural and aesthetic improvement of existing
1786housing.
1787     d.  The provision of adequate sites for future housing,
1788including affordable workforce housing as defined in s.
1789380.0651(3)(j), housing for low-income, very low-income, and
1790moderate-income families, mobile homes, and group home
1791facilities and foster care facilities, with supporting
1792infrastructure and public facilities.
1793     e.  Provision for relocation housing and identification of
1794historically significant and other housing for purposes of
1795conservation, rehabilitation, or replacement.
1796     f.  The formulation of housing implementation programs.
1797     g.  The creation or preservation of affordable housing to
1798minimize the need for additional local services and avoid the
1799concentration of affordable housing units only in specific areas
1800of the jurisdiction.
1801     h.  Energy efficiency in the design and construction of new
1802housing.
1803     i.  Use of renewable energy resources.
1804     j.  Each county in which the gap between the buying power
1805of a family of four and the median county home sale price
1806exceeds $170,000, as determined by the Florida Housing Finance
1807Corporation, and which is not designated as an area of critical
1808state concern shall adopt a plan for ensuring affordable
1809workforce housing. At a minimum, the plan shall identify
1810adequate sites for such housing. For purposes of this sub-
1811subparagraph, the term "workforce housing" means housing that is
1812affordable to natural persons or families whose total household
1813income does not exceed 140 percent of the area median income,
1814adjusted for household size.
1815     k.  As a precondition to receiving any state affordable
1816housing funding or allocation for any project or program within
1817the jurisdiction of a county that is subject to sub-subparagraph
1818j., a county must, by July 1 of each year, provide certification
1819that the county has complied with the requirements of sub-
1820subparagraph j.
1821     2.  The principles, guidelines, standards, and strategies
1822goals, objectives, and policies of the housing element must be
1823based on the data and analysis prepared on housing needs,
1824including an inventory taken from the latest decennial United
1825States Census or more recent estimates, which shall include the
1826number and distribution of dwelling units by type, tenure, age,
1827rent, value, monthly cost of owner-occupied units, and rent or
1828cost to income ratio, and shall show the number of dwelling
1829units that are substandard. The inventory shall also include the
1830methodology used to estimate the condition of housing, a
1831projection of the anticipated number of households by size,
1832income range, and age of residents derived from the population
1833projections, and the minimum housing need of the current and
1834anticipated future residents of the jurisdiction the affordable
1835housing needs assessment.
1836     3.  The housing element must express principles,
1837guidelines, standards, and strategies that reflect, as needed,
1838the creation and preservation of affordable housing for all
1839current and anticipated future residents of the jurisdiction,
1840elimination of substandard housing conditions, adequate sites,
1841and distribution of housing for a range of incomes and types,
1842including mobile and manufactured homes. The element must
1843provide for specific programs and actions to partner with
1844private and nonprofit sectors to address housing needs in the
1845jurisdiction, streamline the permitting process, and minimize
1846costs and delays for affordable housing, establish standards to
1847address the quality of housing, stabilization of neighborhoods,
1848and identification and improvement of historically significant
1849housing.
1850     4.  State and federal housing plans prepared on behalf of
1851the local government must be consistent with the goals,
1852objectives, and policies of the housing element. Local
1853governments are encouraged to use job training, job creation,
1854and economic solutions to address a portion of their affordable
1855housing concerns.
1856     2.  To assist local governments in housing data collection
1857and analysis and assure uniform and consistent information
1858regarding the state's housing needs, the state land planning
1859agency shall conduct an affordable housing needs assessment for
1860all local jurisdictions on a schedule that coordinates the
1861implementation of the needs assessment with the evaluation and
1862appraisal reports required by s. 163.3191. Each local government
1863shall utilize the data and analysis from the needs assessment as
1864one basis for the housing element of its local comprehensive
1865plan. The agency shall allow a local government the option to
1866perform its own needs assessment, if it uses the methodology
1867established by the agency by rule.
1868     (g)1.  For those units of local government identified in s.
1869380.24, a coastal management element, appropriately related to
1870the particular requirements of paragraphs (d) and (e) and
1871meeting the requirements of s. 163.3178(2) and (3). The coastal
1872management element shall set forth the principles, guidelines,
1873standards, and strategies policies that shall guide the local
1874government's decisions and program implementation with respect
1875to the following objectives:
1876     1.a.  Maintain, restore, and enhance Maintenance,
1877restoration, and enhancement of the overall quality of the
1878coastal zone environment, including, but not limited to, its
1879amenities and aesthetic values.
1880     2.b.  Preserve the continued existence of viable
1881populations of all species of wildlife and marine life.
1882     3.c.  Protect the orderly and balanced utilization and
1883preservation, consistent with sound conservation principles, of
1884all living and nonliving coastal zone resources.
1885     4.d.  Avoid Avoidance of irreversible and irretrievable
1886loss of coastal zone resources.
1887     5.e.  Use ecological planning principles and assumptions to
1888be used in the determination of the suitability and extent of
1889permitted development.
1890     f.  Proposed management and regulatory techniques.
1891     6.g.  Limit Limitation of public expenditures that
1892subsidize development in high-hazard coastal high-hazard areas.
1893     7.h.  Protect Protection of human life against the effects
1894of natural disasters.
1895     8.i.  Direct the orderly development, maintenance, and use
1896of ports identified in s. 403.021(9) to facilitate deepwater
1897commercial navigation and other related activities.
1898     9.j.  Preserve historic and archaeological resources, which
1899include the Preservation, including sensitive adaptive use of
1900these historic and archaeological resources.
1901     2.  As part of this element, a local government that has a
1902coastal management element in its comprehensive plan is
1903encouraged to adopt recreational surface water use policies that
1904include applicable criteria for and consider such factors as
1905natural resources, manatee protection needs, protection of
1906working waterfronts and public access to the water, and
1907recreation and economic demands. Criteria for manatee protection
1908in the recreational surface water use policies should reflect
1909applicable guidance outlined in the Boat Facility Siting Guide
1910prepared by the Fish and Wildlife Conservation Commission. If
1911the local government elects to adopt recreational surface water
1912use policies by comprehensive plan amendment, such comprehensive
1913plan amendment is exempt from the provisions of s. 163.3187(1).
1914Local governments that wish to adopt recreational surface water
1915use policies may be eligible for assistance with the development
1916of such policies through the Florida Coastal Management Program.
1917The Office of Program Policy Analysis and Government
1918Accountability shall submit a report on the adoption of
1919recreational surface water use policies under this subparagraph
1920to the President of the Senate, the Speaker of the House of
1921Representatives, and the majority and minority leaders of the
1922Senate and the House of Representatives no later than December
19231, 2010.
1924     (h)1.  An intergovernmental coordination element showing
1925relationships and stating principles and guidelines to be used
1926in coordinating the adopted comprehensive plan with the plans of
1927school boards, regional water supply authorities, and other
1928units of local government providing services but not having
1929regulatory authority over the use of land, with the
1930comprehensive plans of adjacent municipalities, the county,
1931adjacent counties, or the region, with the state comprehensive
1932plan and with the applicable regional water supply plan approved
1933pursuant to s. 373.709, as the case may require and as such
1934adopted plans or plans in preparation may exist. This element of
1935the local comprehensive plan must demonstrate consideration of
1936the particular effects of the local plan, when adopted, upon the
1937development of adjacent municipalities, the county, adjacent
1938counties, or the region, or upon the state comprehensive plan,
1939as the case may require.
1940     a.  The intergovernmental coordination element must provide
1941procedures for identifying and implementing joint planning
1942areas, especially for the purpose of annexation, municipal
1943incorporation, and joint infrastructure service areas.
1944     b.  The intergovernmental coordination element must provide
1945for recognition of campus master plans prepared pursuant to s.
19461013.30 and airport master plans under paragraph (k).
1947     c.  The intergovernmental coordination element shall
1948provide for a dispute resolution process, as established
1949pursuant to s. 186.509, for bringing intergovernmental disputes
1950to closure in a timely manner.
1951     c.d.  The intergovernmental coordination element shall
1952provide for interlocal agreements as established pursuant to s.
1953333.03(1)(b).
1954     2.  The intergovernmental coordination element shall also
1955state principles and guidelines to be used in coordinating the
1956adopted comprehensive plan with the plans of school boards and
1957other units of local government providing facilities and
1958services but not having regulatory authority over the use of
1959land. In addition, the intergovernmental coordination element
1960must describe joint processes for collaborative planning and
1961decisionmaking on population projections and public school
1962siting, the location and extension of public facilities subject
1963to concurrency, and siting facilities with countywide
1964significance, including locally unwanted land uses whose nature
1965and identity are established in an agreement.
1966     3.  Within 1 year after adopting their intergovernmental
1967coordination elements, each county, all the municipalities
1968within that county, the district school board, and any unit of
1969local government service providers in that county shall
1970establish by interlocal or other formal agreement executed by
1971all affected entities, the joint processes described in this
1972subparagraph consistent with their adopted intergovernmental
1973coordination elements. The element must:
1974     a.  Ensure that the local government addresses through
1975coordination mechanisms the impacts of development proposed in
1976the local comprehensive plan upon development in adjacent
1977municipalities, the county, adjacent counties, the region, and
1978the state. The area of concern for municipalities shall include
1979adjacent municipalities, the county, and counties adjacent to
1980the municipality. The area of concern for counties shall include
1981all municipalities within the county, adjacent counties, and
1982adjacent municipalities.
1983     b.  Ensure coordination in establishing level of service
1984standards for public facilities with any state, regional, or
1985local entity having operational and maintenance responsibility
1986for such facilities.
1987     3.  To foster coordination between special districts and
1988local general-purpose governments as local general-purpose
1989governments implement local comprehensive plans, each
1990independent special district must submit a public facilities
1991report to the appropriate local government as required by s.
1992189.415.
1993     4.  Local governments shall execute an interlocal agreement
1994with the district school board, the county, and nonexempt
1995municipalities pursuant to s. 163.31777. The local government
1996shall amend the intergovernmental coordination element to ensure
1997that coordination between the local government and school board
1998is pursuant to the agreement and shall state the obligations of
1999the local government under the agreement. Plan amendments that
2000comply with this subparagraph are exempt from the provisions of
2001s. 163.3187(1).
2002     5.  By January 1, 2004, any county having a population
2003greater than 100,000, and the municipalities and special
2004districts within that county, shall submit a report to the
2005Department of Community Affairs which identifies:
2006     a.   All existing or proposed interlocal service delivery
2007agreements relating to education; sanitary sewer; public safety;
2008solid waste; drainage; potable water; parks and recreation; and
2009transportation facilities.
2010     b.   Any deficits or duplication in the provision of
2011services within its jurisdiction, whether capital or
2012operational. Upon request, the Department of Community Affairs
2013shall provide technical assistance to the local governments in
2014identifying deficits or duplication.
2015     6.  Within 6 months after submission of the report, the
2016Department of Community Affairs shall, through the appropriate
2017regional planning council, coordinate a meeting of all local
2018governments within the regional planning area to discuss the
2019reports and potential strategies to remedy any identified
2020deficiencies or duplications.
2021     7.  Each local government shall update its
2022intergovernmental coordination element based upon the findings
2023in the report submitted pursuant to subparagraph 5. The report
2024may be used as supporting data and analysis for the
2025intergovernmental coordination element.
2026     (i)  The optional elements of the comprehensive plan in
2027paragraphs (7)(a) and (b) are required elements for those
2028municipalities having populations greater than 50,000, and those
2029counties having populations greater than 75,000, as determined
2030under s. 186.901.
2031     (j)  For each unit of local government within an urbanized
2032area designated for purposes of s. 339.175, a transportation
2033element, which must be prepared and adopted in lieu of the
2034requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
2035and (d) and which shall address the following issues:
2036     1.  Traffic circulation, including major thoroughfares and
2037other routes, including bicycle and pedestrian ways.
2038     2.  All alternative modes of travel, such as public
2039transportation, pedestrian, and bicycle travel.
2040     3.  Parking facilities.
2041     4.  Aviation, rail, seaport facilities, access to those
2042facilities, and intermodal terminals.
2043     5.  The availability of facilities and services to serve
2044existing land uses and the compatibility between future land use
2045and transportation elements.
2046     6.  The capability to evacuate the coastal population prior
2047to an impending natural disaster.
2048     7.  Airports, projected airport and aviation development,
2049and land use compatibility around airports, which includes areas
2050defined in ss. 333.01 and 333.02.
2051     8.  An identification of land use densities, building
2052intensities, and transportation management programs to promote
2053public transportation systems in designated public
2054transportation corridors so as to encourage population densities
2055sufficient to support such systems.
2056     9.  May include transportation corridors, as defined in s.
2057334.03, intended for future transportation facilities designated
2058pursuant to s. 337.273. If transportation corridors are
2059designated, the local government may adopt a transportation
2060corridor management ordinance.
2061     10.  The incorporation of transportation strategies to
2062address reduction in greenhouse gas emissions from the
2063transportation sector.
2064     (k)  An airport master plan, and any subsequent amendments
2065to the airport master plan, prepared by a licensed publicly
2066owned and operated airport under s. 333.06 may be incorporated
2067into the local government comprehensive plan by the local
2068government having jurisdiction under this act for the area in
2069which the airport or projected airport development is located by
2070the adoption of a comprehensive plan amendment. In the amendment
2071to the local comprehensive plan that integrates the airport
2072master plan, the comprehensive plan amendment shall address land
2073use compatibility consistent with chapter 333 regarding airport
2074zoning; the provision of regional transportation facilities for
2075the efficient use and operation of the transportation system and
2076airport; consistency with the local government transportation
2077circulation element and applicable metropolitan planning
2078organization long-range transportation plans; and the execution
2079of any necessary interlocal agreements for the purposes of the
2080provision of public facilities and services to maintain the
2081adopted level-of-service standards for facilities subject to
2082concurrency; and may address airport-related or aviation-related
2083development. Development or expansion of an airport consistent
2084with the adopted airport master plan that has been incorporated
2085into the local comprehensive plan in compliance with this part,
2086and airport-related or aviation-related development that has
2087been addressed in the comprehensive plan amendment that
2088incorporates the airport master plan, shall not be a development
2089of regional impact. Notwithstanding any other general law, an
2090airport that has received a development-of-regional-impact
2091development order pursuant to s. 380.06, but which is no longer
2092required to undergo development-of-regional-impact review
2093pursuant to this subsection, may abandon its development-of-
2094regional-impact order upon written notification to the
2095applicable local government. Upon receipt by the local
2096government, the development-of-regional-impact development order
2097is void.
2098     (7)  The comprehensive plan may include the following
2099additional elements, or portions or phases thereof:
2100     (a)  As a part of the circulation element of paragraph
2101(6)(b) or as a separate element, a mass-transit element showing
2102proposed methods for the moving of people, rights-of-way,
2103terminals, related facilities, and fiscal considerations for the
2104accomplishment of the element.
2105     (b)  As a part of the circulation element of paragraph
2106(6)(b) or as a separate element, plans for port, aviation, and
2107related facilities coordinated with the general circulation and
2108transportation element.
2109     (c)  As a part of the circulation element of paragraph
2110(6)(b) and in coordination with paragraph (6)(e), where
2111applicable, a plan element for the circulation of recreational
2112traffic, including bicycle facilities, exercise trails, riding
2113facilities, and such other matters as may be related to the
2114improvement and safety of movement of all types of recreational
2115traffic.
2116     (d)  As a part of the circulation element of paragraph
2117(6)(b) or as a separate element, a plan element for the
2118development of offstreet parking facilities for motor vehicles
2119and the fiscal considerations for the accomplishment of the
2120element.
2121     (e)  A public buildings and related facilities element
2122showing locations and arrangements of civic and community
2123centers, public schools, hospitals, libraries, police and fire
2124stations, and other public buildings. This plan element should
2125show particularly how it is proposed to effect coordination with
2126governmental units, such as school boards or hospital
2127authorities, having public development and service
2128responsibilities, capabilities, and potential but not having
2129land development regulatory authority. This element may include
2130plans for architecture and landscape treatment of their grounds.
2131     (f)  A recommended community design element which may
2132consist of design recommendations for land subdivision,
2133neighborhood development and redevelopment, design of open space
2134locations, and similar matters to the end that such
2135recommendations may be available as aids and guides to
2136developers in the future planning and development of land in the
2137area.
2138     (g)  A general area redevelopment element consisting of
2139plans and programs for the redevelopment of slums and blighted
2140locations in the area and for community redevelopment, including
2141housing sites, business and industrial sites, public buildings
2142sites, recreational facilities, and other purposes authorized by
2143law.
2144     (h)  A safety element for the protection of residents and
2145property of the area from fire, hurricane, or manmade or natural
2146catastrophe, including such necessary features for protection as
2147evacuation routes and their control in an emergency, water
2148supply requirements, minimum road widths, clearances around and
2149elevations of structures, and similar matters.
2150     (i)  An historical and scenic preservation element setting
2151out plans and programs for those structures or lands in the area
2152having historical, archaeological, architectural, scenic, or
2153similar significance.
2154     (j)  An economic element setting forth principles and
2155guidelines for the commercial and industrial development, if
2156any, and the employment and personnel utilization within the
2157area. The element may detail the type of commercial and
2158industrial development sought, correlated to the present and
2159projected employment needs of the area and to other elements of
2160the plans, and may set forth methods by which a balanced and
2161stable economic base will be pursued.
2162     (k)  Such other elements as may be peculiar to, and
2163necessary for, the area concerned and as are added to the
2164comprehensive plan by the governing body upon the recommendation
2165of the local planning agency.
2166     (l)  Local governments that are not required to prepare
2167coastal management elements under s. 163.3178 are encouraged to
2168adopt hazard mitigation/postdisaster redevelopment plans. These
2169plans should, at a minimum, establish long-term policies
2170regarding redevelopment, infrastructure, densities,
2171nonconforming uses, and future land use patterns. Grants to
2172assist local governments in the preparation of these hazard
2173mitigation/postdisaster redevelopment plans shall be available
2174through the Emergency Management Preparedness and Assistance
2175Account in the Grants and Donations Trust Fund administered by
2176the department, if such account is created by law. The plans
2177must be in compliance with the requirements of this act and
2178chapter 252.
2179     (8)  All elements of the comprehensive plan, whether
2180mandatory or optional, shall be based upon data appropriate to
2181the element involved. Surveys and studies utilized in the
2182preparation of the comprehensive plan shall not be deemed a part
2183of the comprehensive plan unless adopted as a part of it. Copies
2184of such studies, surveys, and supporting documents shall be made
2185available to public inspection, and copies of such plans shall
2186be made available to the public upon payment of reasonable
2187charges for reproduction.
2188     (9)  The state land planning agency shall, by February 15,
21891986, adopt by rule minimum criteria for the review and
2190determination of compliance of the local government
2191comprehensive plan elements required by this act. Such rules
2192shall not be subject to rule challenges under s. 120.56(2) or to
2193drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2194become effective only after they have been submitted to the
2195President of the Senate and the Speaker of the House of
2196Representatives for review by the Legislature no later than 30
2197days prior to the next regular session of the Legislature. In
2198its review the Legislature may reject, modify, or take no action
2199relative to the rules. The agency shall conform the rules to the
2200changes made by the Legislature, or, if no action was taken, the
2201agency rules shall become effective. The rule shall include
2202criteria for determining whether:
2203     (a)  Proposed elements are in compliance with the
2204requirements of part II, as amended by this act.
2205     (b)  Other elements of the comprehensive plan are related
2206to and consistent with each other.
2207     (c)  The local government comprehensive plan elements are
2208consistent with the state comprehensive plan and the appropriate
2209regional policy plan pursuant to s. 186.508.
2210     (d)  Certain bays, estuaries, and harbors that fall under
2211the jurisdiction of more than one local government are managed
2212in a consistent and coordinated manner in the case of local
2213governments required to include a coastal management element in
2214their comprehensive plans pursuant to paragraph (6)(g).
2215     (e)  Proposed elements identify the mechanisms and
2216procedures for monitoring, evaluating, and appraising
2217implementation of the plan. Specific measurable objectives are
2218included to provide a basis for evaluating effectiveness as
2219required by s. 163.3191.
2220     (f)  Proposed elements contain policies to guide future
2221decisions in a consistent manner.
2222     (g)  Proposed elements contain programs and activities to
2223ensure that comprehensive plans are implemented.
2224     (h)  Proposed elements identify the need for and the
2225processes and procedures to ensure coordination of all
2226development activities and services with other units of local
2227government, regional planning agencies, water management
2228districts, and state and federal agencies as appropriate.
2229
2230The state land planning agency may adopt procedural rules that
2231are consistent with this section and chapter 120 for the review
2232of local government comprehensive plan elements required under
2233this section. The state land planning agency shall provide model
2234plans and ordinances and, upon request, other assistance to
2235local governments in the adoption and implementation of their
2236revised local government comprehensive plans. The review and
2237comment provisions applicable prior to October 1, 1985, shall
2238continue in effect until the criteria for review and
2239determination are adopted pursuant to this subsection and the
2240comprehensive plans required by s. 163.3167(2) are due.
2241     (10)  The Legislature recognizes the importance and
2242significance of chapter 9J-5, Florida Administrative Code, the
2243Minimum Criteria for Review of Local Government Comprehensive
2244Plans and Determination of Compliance of the Department of
2245Community Affairs that will be used to determine compliance of
2246local comprehensive plans. The Legislature reserved unto itself
2247the right to review chapter 9J-5, Florida Administrative Code,
2248and to reject, modify, or take no action relative to this rule.
2249Therefore, pursuant to subsection (9), the Legislature hereby
2250has reviewed chapter 9J-5, Florida Administrative Code, and
2251expresses the following legislative intent:
2252     (a)  The Legislature finds that in order for the department
2253to review local comprehensive plans, it is necessary to define
2254the term "consistency." Therefore, for the purpose of
2255determining whether local comprehensive plans are consistent
2256with the state comprehensive plan and the appropriate regional
2257policy plan, a local plan shall be consistent with such plans if
2258the local plan is "compatible with" and "furthers" such plans.
2259The term "compatible with" means that the local plan is not in
2260conflict with the state comprehensive plan or appropriate
2261regional policy plan. The term "furthers" means to take action
2262in the direction of realizing goals or policies of the state or
2263regional plan. For the purposes of determining consistency of
2264the local plan with the state comprehensive plan or the
2265appropriate regional policy plan, the state or regional plan
2266shall be construed as a whole and no specific goal and policy
2267shall be construed or applied in isolation from the other goals
2268and policies in the plans.
2269     (b)  Each local government shall review all the state
2270comprehensive plan goals and policies and shall address in its
2271comprehensive plan the goals and policies which are relevant to
2272the circumstances or conditions in its jurisdiction. The
2273decision regarding which particular state comprehensive plan
2274goals and policies will be furthered by the expenditure of a
2275local government's financial resources in any given year is a
2276decision which rests solely within the discretion of the local
2277government. Intergovernmental coordination, as set forth in
2278paragraph (6)(h), shall be utilized to the extent required to
2279carry out the provisions of chapter 9J-5, Florida Administrative
2280Code.
2281     (c)  The Legislature declares that if any portion of
2282chapter 9J-5, Florida Administrative Code, is found to be in
2283conflict with this part, the appropriate statutory provision
2284shall prevail.
2285     (d)  Chapter 9J-5, Florida Administrative Code, does not
2286mandate the creation, limitation, or elimination of regulatory
2287authority, nor does it authorize the adoption or require the
2288repeal of any rules, criteria, or standards of any local,
2289regional, or state agency.
2290     (e)  It is the Legislature's intent that support data or
2291summaries thereof shall not be subject to the compliance review
2292process, but the Legislature intends that goals and policies be
2293clearly based on appropriate data. The department may utilize
2294support data or summaries thereof to aid in its determination of
2295compliance and consistency. The Legislature intends that the
2296department may evaluate the application of a methodology
2297utilized in data collection or whether a particular methodology
2298is professionally accepted. However, the department shall not
2299evaluate whether one accepted methodology is better than
2300another. Chapter 9J-5, Florida Administrative Code, shall not be
2301construed to require original data collection by local
2302governments; however, Local governments are not to be
2303discouraged from utilizing original data so long as
2304methodologies are professionally accepted.
2305     (f)  The Legislature recognizes that under this section,
2306local governments are charged with setting levels of service for
2307public facilities in their comprehensive plans in accordance
2308with which development orders and permits will be issued
2309pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2310the authority of state, regional, or local agencies as otherwise
2311provided by law.
2312     (g)  Definitions contained in chapter 9J-5, Florida
2313Administrative Code, are not intended to modify or amend the
2314definitions utilized for purposes of other programs or rules or
2315to establish or limit regulatory authority. Local governments
2316may establish alternative definitions in local comprehensive
2317plans, as long as such definitions accomplish the intent of this
2318chapter, and chapter 9J-5, Florida Administrative Code.
2319     (h)  It is the intent of the Legislature that public
2320facilities and services needed to support development shall be
2321available concurrent with the impacts of such development in
2322accordance with s. 163.3180. In meeting this intent, public
2323facility and service availability shall be deemed sufficient if
2324the public facilities and services for a development are phased,
2325or the development is phased, so that the public facilities and
2326those related services which are deemed necessary by the local
2327government to operate the facilities necessitated by that
2328development are available concurrent with the impacts of the
2329development. The public facilities and services, unless already
2330available, are to be consistent with the capital improvements
2331element of the local comprehensive plan as required by paragraph
2332(3)(a) or guaranteed in an enforceable development agreement.
2333This shall include development agreements pursuant to this
2334chapter or in an agreement or a development order issued
2335pursuant to chapter 380. Nothing herein shall be construed to
2336require a local government to address services in its capital
2337improvements plan or to limit a local government's ability to
2338address any service in its capital improvements plan that it
2339deems necessary.
2340     (i)  The department shall take into account the factors
2341delineated in rule 9J-5.002(2), Florida Administrative Code, as
2342it provides assistance to local governments and applies the rule
2343in specific situations with regard to the detail of the data and
2344analysis required.
2345     (j)  Chapter 9J-5, Florida Administrative Code, has become
2346effective pursuant to subsection (9). The Legislature hereby
2347directs the department to adopt amendments as necessary which
2348conform chapter 9J-5, Florida Administrative Code, with the
2349requirements of this legislative intent by October 1, 1986.
2350     (k)  In order for local governments to prepare and adopt
2351comprehensive plans with knowledge of the rules that are applied
2352to determine consistency of the plans with this part, there
2353should be no doubt as to the legal standing of chapter 9J-5,
2354Florida Administrative Code, at the close of the 1986
2355legislative session. Therefore, the Legislature declares that
2356changes made to chapter 9J-5 before October 1, 1986, are not
2357subject to rule challenges under s. 120.56(2), or to drawout
2358proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2359Florida Administrative Code, as amended, is subject to rule
2360challenges under s. 120.56(3), as nothing herein indicates
2361approval or disapproval of any portion of chapter 9J-5 not
2362specifically addressed herein. Any amendments to chapter 9J-5,
2363Florida Administrative Code, exclusive of the amendments adopted
2364prior to October 1, 1986, pursuant to this act, shall be subject
2365to the full chapter 120 process. All amendments shall have
2366effective dates as provided in chapter 120 and submission to the
2367President of the Senate and Speaker of the House of
2368Representatives shall not be required.
2369     (l)  The state land planning agency shall consider land use
2370compatibility issues in the vicinity of all airports in
2371coordination with the Department of Transportation and adjacent
2372to or in close proximity to all military installations in
2373coordination with the Department of Defense.
2374     (11)(a)  The Legislature recognizes the need for innovative
2375planning and development strategies which will address the
2376anticipated demands of continued urbanization of Florida's
2377coastal and other environmentally sensitive areas, and which
2378will accommodate the development of less populated regions of
2379the state which seek economic development and which have
2380suitable land and water resources to accommodate growth in an
2381environmentally acceptable manner. The Legislature further
2382recognizes the substantial advantages of innovative approaches
2383to development which may better serve to protect environmentally
2384sensitive areas, maintain the economic viability of agricultural
2385and other predominantly rural land uses, and provide for the
2386cost-efficient delivery of public facilities and services.
2387     (b)  It is the intent of the Legislature that the local
2388government comprehensive plans and plan amendments adopted
2389pursuant to the provisions of this part provide for a planning
2390process which allows for land use efficiencies within existing
2391urban areas and which also allows for the conversion of rural
2392lands to other uses, where appropriate and consistent with the
2393other provisions of this part and the affected local
2394comprehensive plans, through the application of innovative and
2395flexible planning and development strategies and creative land
2396use planning techniques, which may include, but not be limited
2397to, urban villages, new towns, satellite communities, area-based
2398allocations, clustering and open space provisions, mixed-use
2399development, and sector planning.
2400     (c)  It is the further intent of the Legislature that local
2401government comprehensive plans and implementing land development
2402regulations shall provide strategies which maximize the use of
2403existing facilities and services through redevelopment, urban
2404infill development, and other strategies for urban
2405revitalization.
2406     (d)1.  The department, in cooperation with the Department
2407of Agriculture and Consumer Services, the Department of
2408Environmental Protection, water management districts, and
2409regional planning councils, shall provide assistance to local
2410governments in the implementation of this paragraph and rule 9J-
24115.006(5)(l), Florida Administrative Code. Implementation of
2412those provisions shall include a process by which the department
2413may authorize local governments to designate all or portions of
2414lands classified in the future land use element as predominantly
2415agricultural, rural, open, open-rural, or a substantively
2416equivalent land use, as a rural land stewardship area within
2417which planning and economic incentives are applied to encourage
2418the implementation of innovative and flexible planning and
2419development strategies and creative land use planning
2420techniques, including those contained herein and in rule 9J-
24215.006(5)(l), Florida Administrative Code. Assistance may
2422include, but is not limited to:
2423     a.  Assistance from the Department of Environmental
2424Protection and water management districts in creating the
2425geographic information systems land cover database and aerial
2426photogrammetry needed to prepare for a rural land stewardship
2427area;
2428     b.  Support for local government implementation of rural
2429land stewardship concepts by providing information and
2430assistance to local governments regarding land acquisition
2431programs that may be used by the local government or landowners
2432to leverage the protection of greater acreage and maximize the
2433effectiveness of rural land stewardship areas; and
2434     c.  Expansion of the role of the Department of Community
2435Affairs as a resource agency to facilitate establishment of
2436rural land stewardship areas in smaller rural counties that do
2437not have the staff or planning budgets to create a rural land
2438stewardship area.
2439     2.  The department shall encourage participation by local
2440governments of different sizes and rural characteristics in
2441establishing and implementing rural land stewardship areas. It
2442is the intent of the Legislature that rural land stewardship
2443areas be used to further the following broad principles of rural
2444sustainability: restoration and maintenance of the economic
2445value of rural land; control of urban sprawl; identification and
2446protection of ecosystems, habitats, and natural resources;
2447promotion of rural economic activity; maintenance of the
2448viability of Florida's agricultural economy; and protection of
2449the character of rural areas of Florida. Rural land stewardship
2450areas may be multicounty in order to encourage coordinated
2451regional stewardship planning.
2452     3.  A local government, in conjunction with a regional
2453planning council, a stakeholder organization of private land
2454owners, or another local government, shall notify the department
2455in writing of its intent to designate a rural land stewardship
2456area. The written notification shall describe the basis for the
2457designation, including the extent to which the rural land
2458stewardship area enhances rural land values, controls urban
2459sprawl, provides necessary open space for agriculture and
2460protection of the natural environment, promotes rural economic
2461activity, and maintains rural character and the economic
2462viability of agriculture.
2463     4.  A rural land stewardship area shall be not less than
246410,000 acres and shall be located outside of municipalities and
2465established urban growth boundaries, and shall be designated by
2466plan amendment. The plan amendment designating a rural land
2467stewardship area shall be subject to review by the Department of
2468Community Affairs pursuant to s. 163.3184 and shall provide for
2469the following:
2470     a.  Criteria for the designation of receiving areas within
2471rural land stewardship areas in which innovative planning and
2472development strategies may be applied. Criteria shall at a
2473minimum provide for the following: adequacy of suitable land to
2474accommodate development so as to avoid conflict with
2475environmentally sensitive areas, resources, and habitats;
2476compatibility between and transition from higher density uses to
2477lower intensity rural uses; the establishment of receiving area
2478service boundaries which provide for a separation between
2479receiving areas and other land uses within the rural land
2480stewardship area through limitations on the extension of
2481services; and connection of receiving areas with the rest of the
2482rural land stewardship area using rural design and rural road
2483corridors.
2484     b.  Goals, objectives, and policies setting forth the
2485innovative planning and development strategies to be applied
2486within rural land stewardship areas pursuant to the provisions
2487of this section.
2488     c.  A process for the implementation of innovative planning
2489and development strategies within the rural land stewardship
2490area, including those described in this subsection and rule 9J-
24915.006(5)(l), Florida Administrative Code, which provide for a
2492functional mix of land uses, including adequate available
2493workforce housing, including low, very-low and moderate income
2494housing for the development anticipated in the receiving area
2495and which are applied through the adoption by the local
2496government of zoning and land development regulations applicable
2497to the rural land stewardship area.
2498     d.  A process which encourages visioning pursuant to s.
2499163.3167(11) to ensure that innovative planning and development
2500strategies comply with the provisions of this section.
2501     e.  The control of sprawl through the use of innovative
2502strategies and creative land use techniques consistent with the
2503provisions of this subsection and rule 9J-5.006(5)(l), Florida
2504Administrative Code.
2505     5.  A receiving area shall be designated by the adoption of
2506a land development regulation. Prior to the designation of a
2507receiving area, the local government shall provide the
2508Department of Community Affairs a period of 30 days in which to
2509review a proposed receiving area for consistency with the rural
2510land stewardship area plan amendment and to provide comments to
2511the local government. At the time of designation of a
2512stewardship receiving area, a listed species survey will be
2513performed. If listed species occur on the receiving area site,
2514the developer shall coordinate with each appropriate local,
2515state, or federal agency to determine if adequate provisions
2516have been made to protect those species in accordance with
2517applicable regulations. In determining the adequacy of
2518provisions for the protection of listed species and their
2519habitats, the rural land stewardship area shall be considered as
2520a whole, and the impacts to areas to be developed as receiving
2521areas shall be considered together with the environmental
2522benefits of areas protected as sending areas in fulfilling this
2523criteria.
2524     6.  Upon the adoption of a plan amendment creating a rural
2525land stewardship area, the local government shall, by ordinance,
2526establish the methodology for the creation, conveyance, and use
2527of transferable rural land use credits, otherwise referred to as
2528stewardship credits, the application of which shall not
2529constitute a right to develop land, nor increase density of
2530land, except as provided by this section. The total amount of
2531transferable rural land use credits within the rural land
2532stewardship area must enable the realization of the long-term
2533vision and goals for the 25-year or greater projected population
2534of the rural land stewardship area, which may take into
2535consideration the anticipated effect of the proposed receiving
2536areas. Transferable rural land use credits are subject to the
2537following limitations:
2538     a.  Transferable rural land use credits may only exist
2539within a rural land stewardship area.
2540     b.  Transferable rural land use credits may only be used on
2541lands designated as receiving areas and then solely for the
2542purpose of implementing innovative planning and development
2543strategies and creative land use planning techniques adopted by
2544the local government pursuant to this section.
2545     c.  Transferable rural land use credits assigned to a
2546parcel of land within a rural land stewardship area shall cease
2547to exist if the parcel of land is removed from the rural land
2548stewardship area by plan amendment.
2549     d.  Neither the creation of the rural land stewardship area
2550by plan amendment nor the assignment of transferable rural land
2551use credits by the local government shall operate to displace
2552the underlying density of land uses assigned to a parcel of land
2553within the rural land stewardship area; however, if transferable
2554rural land use credits are transferred from a parcel for use
2555within a designated receiving area, the underlying density
2556assigned to the parcel of land shall cease to exist.
2557     e.  The underlying density on each parcel of land located
2558within a rural land stewardship area shall not be increased or
2559decreased by the local government, except as a result of the
2560conveyance or use of transferable rural land use credits, as
2561long as the parcel remains within the rural land stewardship
2562area.
2563     f.  Transferable rural land use credits shall cease to
2564exist on a parcel of land where the underlying density assigned
2565to the parcel of land is utilized.
2566     g.  An increase in the density of use on a parcel of land
2567located within a designated receiving area may occur only
2568through the assignment or use of transferable rural land use
2569credits and shall not require a plan amendment.
2570     h.  A change in the density of land use on parcels located
2571within receiving areas shall be specified in a development order
2572which reflects the total number of transferable rural land use
2573credits assigned to the parcel of land and the infrastructure
2574and support services necessary to provide for a functional mix
2575of land uses corresponding to the plan of development.
2576     i.  Land within a rural land stewardship area may be
2577removed from the rural land stewardship area through a plan
2578amendment.
2579     j.  Transferable rural land use credits may be assigned at
2580different ratios of credits per acre according to the natural
2581resource or other beneficial use characteristics of the land and
2582according to the land use remaining following the transfer of
2583credits, with the highest number of credits per acre assigned to
2584the most environmentally valuable land or, in locations where
2585the retention of open space and agricultural land is a priority,
2586to such lands.
2587     k.  The use or conveyance of transferable rural land use
2588credits must be recorded in the public records of the county in
2589which the property is located as a covenant or restrictive
2590easement running with the land in favor of the county and either
2591the Department of Environmental Protection, Department of
2592Agriculture and Consumer Services, a water management district,
2593or a recognized statewide land trust.
2594     7.  Owners of land within rural land stewardship areas
2595should be provided incentives to enter into rural land
2596stewardship agreements, pursuant to existing law and rules
2597adopted thereto, with state agencies, water management
2598districts, and local governments to achieve mutually agreed upon
2599conservation objectives. Such incentives may include, but not be
2600limited to, the following:
2601     a.  Opportunity to accumulate transferable mitigation
2602credits.
2603     b.  Extended permit agreements.
2604     c.  Opportunities for recreational leases and ecotourism.
2605     d.  Payment for specified land management services on
2606publicly owned land, or property under covenant or restricted
2607easement in favor of a public entity.
2608     e.  Option agreements for sale to public entities or
2609private land conservation entities, in either fee or easement,
2610upon achievement of conservation objectives.
2611     8.  The department shall report to the Legislature on an
2612annual basis on the results of implementation of rural land
2613stewardship areas authorized by the department, including
2614successes and failures in achieving the intent of the
2615Legislature as expressed in this paragraph.
2616     (e)  The Legislature finds that mixed-use, high-density
2617development is appropriate for urban infill and redevelopment
2618areas. Mixed-use projects accommodate a variety of uses,
2619including residential and commercial, and usually at higher
2620densities that promote pedestrian-friendly, sustainable
2621communities. The Legislature recognizes that mixed-use, high-
2622density development improves the quality of life for residents
2623and businesses in urban areas. The Legislature finds that mixed-
2624use, high-density redevelopment and infill benefits residents by
2625creating a livable community with alternative modes of
2626transportation. Furthermore, the Legislature finds that local
2627zoning ordinances often discourage mixed-use, high-density
2628development in areas that are appropriate for urban infill and
2629redevelopment. The Legislature intends to discourage single-use
2630zoning in urban areas which often leads to lower-density, land-
2631intensive development outside an urban service area. Therefore,
2632the Department of Community Affairs shall provide technical
2633assistance to local governments in order to encourage mixed-use,
2634high-density urban infill and redevelopment projects.
2635     (f)  The Legislature finds that a program for the transfer
2636of development rights is a useful tool to preserve historic
2637buildings and create public open spaces in urban areas. A
2638program for the transfer of development rights allows the
2639transfer of density credits from historic properties and public
2640open spaces to areas designated for high-density development.
2641The Legislature recognizes that high-density development is
2642integral to the success of many urban infill and redevelopment
2643projects. The Legislature intends to encourage high-density
2644urban infill and redevelopment while preserving historic
2645structures and open spaces. Therefore, the Department of
2646Community Affairs shall provide technical assistance to local
2647governments in order to promote the transfer of development
2648rights within urban areas for high-density infill and
2649redevelopment projects.
2650     (g)  The implementation of this subsection shall be subject
2651to the provisions of this chapter, chapters 186 and 187, and
2652applicable agency rules.
2653     (h)  The department may adopt rules necessary to implement
2654the provisions of this subsection.
2655     (12)  A public school facilities element adopted to
2656implement a school concurrency program shall meet the
2657requirements of this subsection. Each county and each
2658municipality within the county, unless exempt or subject to a
2659waiver, must adopt a public school facilities element that is
2660consistent with those adopted by the other local governments
2661within the county and enter the interlocal agreement pursuant to
2662s. 163.31777.
2663     (a)  The state land planning agency may provide a waiver to
2664a county and to the municipalities within the county if the
2665capacity rate for all schools within the school district is no
2666greater than 100 percent and the projected 5-year capital outlay
2667full-time equivalent student growth rate is less than 10
2668percent. The state land planning agency may allow for a
2669projected 5-year capital outlay full-time equivalent student
2670growth rate to exceed 10 percent when the projected 10-year
2671capital outlay full-time equivalent student enrollment is less
2672than 2,000 students and the capacity rate for all schools within
2673the school district in the tenth year will not exceed the 100-
2674percent limitation. The state land planning agency may allow for
2675a single school to exceed the 100-percent limitation if it can
2676be demonstrated that the capacity rate for that single school is
2677not greater than 105 percent. In making this determination, the
2678state land planning agency shall consider the following
2679criteria:
2680     1.  Whether the exceedance is due to temporary
2681circumstances;
2682     2.  Whether the projected 5-year capital outlay full time
2683equivalent student growth rate for the school district is
2684approaching the 10-percent threshold;
2685     3.  Whether one or more additional schools within the
2686school district are at or approaching the 100-percent threshold;
2687and
2688     4.  The adequacy of the data and analysis submitted to
2689support the waiver request.
2690     (b)  A municipality in a nonexempt county is exempt if the
2691municipality meets all of the following criteria for having no
2692significant impact on school attendance:
2693     1.  The municipality has issued development orders for
2694fewer than 50 residential dwelling units during the preceding 5
2695years, or the municipality has generated fewer than 25
2696additional public school students during the preceding 5 years.
2697     2.  The municipality has not annexed new land during the
2698preceding 5 years in land use categories that permit residential
2699uses that will affect school attendance rates.
2700     3.  The municipality has no public schools located within
2701its boundaries.
2702     (c)  A public school facilities element shall be based upon
2703data and analyses that address, among other items, how level-of-
2704service standards will be achieved and maintained. Such data and
2705analyses must include, at a minimum, such items as: the
2706interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2707year school district facilities work program adopted pursuant to
2708s. 1013.35; the educational plant survey prepared pursuant to s.
27091013.31 and an existing educational and ancillary plant map or
2710map series; information on existing development and development
2711anticipated for the next 5 years and the long-term planning
2712period; an analysis of problems and opportunities for existing
2713schools and schools anticipated in the future; an analysis of
2714opportunities to collocate future schools with other public
2715facilities such as parks, libraries, and community centers; an
2716analysis of the need for supporting public facilities for
2717existing and future schools; an analysis of opportunities to
2718locate schools to serve as community focal points; projected
2719future population and associated demographics, including
2720development patterns year by year for the upcoming 5-year and
2721long-term planning periods; and anticipated educational and
2722ancillary plants with land area requirements.
2723     (d)  The element shall contain one or more goals which
2724establish the long-term end toward which public school programs
2725and activities are ultimately directed.
2726     (e)  The element shall contain one or more objectives for
2727each goal, setting specific, measurable, intermediate ends that
2728are achievable and mark progress toward the goal.
2729     (f)  The element shall contain one or more policies for
2730each objective which establish the way in which programs and
2731activities will be conducted to achieve an identified goal.
2732     (g)  The objectives and policies shall address items such
2733as:
2734     1.  The procedure for an annual update process;
2735     2.  The procedure for school site selection;
2736     3.  The procedure for school permitting;
2737     4.  Provision for infrastructure necessary to support
2738proposed schools, including potable water, wastewater, drainage,
2739solid waste, transportation, and means by which to assure safe
2740access to schools, including sidewalks, bicycle paths, turn
2741lanes, and signalization;
2742     5.  Provision for colocation of other public facilities,
2743such as parks, libraries, and community centers, in proximity to
2744public schools;
2745     6.  Provision for location of schools proximate to
2746residential areas and to complement patterns of development,
2747including the location of future school sites so they serve as
2748community focal points;
2749     7.  Measures to ensure compatibility of school sites and
2750surrounding land uses;
2751     8.  Coordination with adjacent local governments and the
2752school district on emergency preparedness issues, including the
2753use of public schools to serve as emergency shelters; and
2754     9.  Coordination with the future land use element.
2755     (h)  The element shall include one or more future
2756conditions maps which depict the anticipated location of
2757educational and ancillary plants, including the general location
2758of improvements to existing schools or new schools anticipated
2759over the 5-year or long-term planning period. The maps will of
2760necessity be general for the long-term planning period and more
2761specific for the 5-year period. Maps indicating general
2762locations of future schools or school improvements may not
2763prescribe a land use on a particular parcel of land.
2764     (i)  The state land planning agency shall establish a
2765phased schedule for adoption of the public school facilities
2766element and the required updates to the public schools
2767interlocal agreement pursuant to s. 163.31777. The schedule
2768shall provide for each county and local government within the
2769county to adopt the element and update to the agreement no later
2770than December 1, 2008. Plan amendments to adopt a public school
2771facilities element are exempt from the provisions of s.
2772163.3187(1).
2773     (j)  The state land planning agency may issue a notice to
2774the school board and the local government to show cause why
2775sanctions should not be enforced for failure to enter into an
2776approved interlocal agreement as required by s. 163.31777 or for
2777failure to implement provisions relating to public school
2778concurrency. If the state land planning agency finds that
2779insufficient cause exists for the school board's or local
2780government's failure to enter into an approved interlocal
2781agreement as required by s. 163.31777 or for the school board's
2782or local government's failure to implement the provisions
2783relating to public school concurrency, the state land planning
2784agency shall submit its finding to the Administration Commission
2785which may impose on the local government any of the sanctions
2786set forth in s. 163.3184(11)(a) and (b) and may impose on the
2787district school board any of the sanctions set forth in s.
27881008.32(4).
2789     (13)  Local governments are encouraged to develop a
2790community vision that provides for sustainable growth,
2791recognizes its fiscal constraints, and protects its natural
2792resources. At the request of a local government, the applicable
2793regional planning council shall provide assistance in the
2794development of a community vision.
2795     (a)  As part of the process of developing a community
2796vision under this section, the local government must hold two
2797public meetings with at least one of those meetings before the
2798local planning agency. Before those public meetings, the local
2799government must hold at least one public workshop with
2800stakeholder groups such as neighborhood associations, community
2801organizations, businesses, private property owners, housing and
2802development interests, and environmental organizations.
2803     (b)  The local government must, at a minimum, discuss five
2804of the following topics as part of the workshops and public
2805meetings required under paragraph (a):
2806     1.  Future growth in the area using population forecasts
2807from the Bureau of Economic and Business Research;
2808     2.  Priorities for economic development;
2809     3.  Preservation of open space, environmentally sensitive
2810lands, and agricultural lands;
2811     4.  Appropriate areas and standards for mixed-use
2812development;
2813     5.  Appropriate areas and standards for high-density
2814commercial and residential development;
2815     6.  Appropriate areas and standards for economic
2816development opportunities and employment centers;
2817     7.  Provisions for adequate workforce housing;
2818     8.  An efficient, interconnected multimodal transportation
2819system; and
2820     9.  Opportunities to create land use patterns that
2821accommodate the issues listed in subparagraphs 1.-8.
2822     (c)  As part of the workshops and public meetings, the
2823local government must discuss strategies for addressing the
2824topics discussed under paragraph (b), including:
2825     1.  Strategies to preserve open space and environmentally
2826sensitive lands, and to encourage a healthy agricultural
2827economy, including innovative planning and development
2828strategies, such as the transfer of development rights;
2829     2.  Incentives for mixed-use development, including
2830increased height and intensity standards for buildings that
2831provide residential use in combination with office or commercial
2832space;
2833     3.  Incentives for workforce housing;
2834     4.  Designation of an urban service boundary pursuant to
2835subsection (2); and
2836     5.  Strategies to provide mobility within the community and
2837to protect the Strategic Intermodal System, including the
2838development of a transportation corridor management plan under
2839s. 337.273.
2840     (d)  The community vision must reflect the community's
2841shared concept for growth and development of the community,
2842including visual representations depicting the desired land use
2843patterns and character of the community during a 10-year
2844planning timeframe. The community vision must also take into
2845consideration economic viability of the vision and private
2846property interests.
2847     (e)  After the workshops and public meetings required under
2848paragraph (a) are held, the local government may amend its
2849comprehensive plan to include the community vision as a
2850component in the plan. This plan amendment must be transmitted
2851and adopted pursuant to the procedures in ss. 163.3184 and
2852163.3189 at public hearings of the governing body other than
2853those identified in paragraph (a).
2854     (f)  Amendments submitted under this subsection are exempt
2855from the limitation on the frequency of plan amendments in s.
2856163.3187.
2857     (g)  A local government that has developed a community
2858vision or completed a visioning process after July 1, 2000, and
2859before July 1, 2005, which substantially accomplishes the goals
2860set forth in this subsection and the appropriate goals,
2861policies, or objectives have been adopted as part of the
2862comprehensive plan or reflected in subsequently adopted land
2863development regulations and the plan amendment incorporating the
2864community vision as a component has been found in compliance is
2865eligible for the incentives in s. 163.3184(17).
2866     (14)  Local governments are also encouraged to designate an
2867urban service boundary. This area must be appropriate for
2868compact, contiguous urban development within a 10-year planning
2869timeframe. The urban service area boundary must be identified on
2870the future land use map or map series. The local government
2871shall demonstrate that the land included within the urban
2872service boundary is served or is planned to be served with
2873adequate public facilities and services based on the local
2874government's adopted level-of-service standards by adopting a
287510-year facilities plan in the capital improvements element
2876which is financially feasible. The local government shall
2877demonstrate that the amount of land within the urban service
2878boundary does not exceed the amount of land needed to
2879accommodate the projected population growth at densities
2880consistent with the adopted comprehensive plan within the 10-
2881year planning timeframe.
2882     (a)  As part of the process of establishing an urban
2883service boundary, the local government must hold two public
2884meetings with at least one of those meetings before the local
2885planning agency. Before those public meetings, the local
2886government must hold at least one public workshop with
2887stakeholder groups such as neighborhood associations, community
2888organizations, businesses, private property owners, housing and
2889development interests, and environmental organizations.
2890     (b)1.  After the workshops and public meetings required
2891under paragraph (a) are held, the local government may amend its
2892comprehensive plan to include the urban service boundary. This
2893plan amendment must be transmitted and adopted pursuant to the
2894procedures in ss. 163.3184 and 163.3189 at meetings of the
2895governing body other than those required under paragraph (a).
2896     2.  This subsection does not prohibit new development
2897outside an urban service boundary. However, a local government
2898that establishes an urban service boundary under this subsection
2899is encouraged to require a full-cost-accounting analysis for any
2900new development outside the boundary and to consider the results
2901of that analysis when adopting a plan amendment for property
2902outside the established urban service boundary.
2903     (c)  Amendments submitted under this subsection are exempt
2904from the limitation on the frequency of plan amendments in s.
2905163.3187.
2906     (d)  A local government that has adopted an urban service
2907boundary before July 1, 2005, which substantially accomplishes
2908the goals set forth in this subsection is not required to comply
2909with paragraph (a) or subparagraph 1. of paragraph (b) in order
2910to be eligible for the incentives under s. 163.3184(17). In
2911order to satisfy the provisions of this paragraph, the local
2912government must secure a determination from the state land
2913planning agency that the urban service boundary adopted before
2914July 1, 2005, substantially complies with the criteria of this
2915subsection, based on data and analysis submitted by the local
2916government to support this determination. The determination by
2917the state land planning agency is not subject to administrative
2918challenge.
2919     (7)(15)(a)  The Legislature finds that:
2920     1.  There are a number of rural agricultural industrial
2921centers in the state that process, produce, or aid in the
2922production or distribution of a variety of agriculturally based
2923products, including, but not limited to, fruits, vegetables,
2924timber, and other crops, and juices, paper, and building
2925materials. Rural agricultural industrial centers have a
2926significant amount of existing associated infrastructure that is
2927used for processing, producing, or distributing agricultural
2928products.
2929     2.  Such rural agricultural industrial centers are often
2930located within or near communities in which the economy is
2931largely dependent upon agriculture and agriculturally based
2932products. The centers significantly enhance the economy of such
2933communities. However, these agriculturally based communities are
2934often socioeconomically challenged and designated as rural areas
2935of critical economic concern. If such rural agricultural
2936industrial centers are lost and not replaced with other job-
2937creating enterprises, the agriculturally based communities will
2938lose a substantial amount of their economies.
2939     3.  The state has a compelling interest in preserving the
2940viability of agriculture and protecting rural agricultural
2941communities and the state from the economic upheaval that would
2942result from short-term or long-term adverse changes in the
2943agricultural economy. To protect these communities and promote
2944viable agriculture for the long term, it is essential to
2945encourage and permit diversification of existing rural
2946agricultural industrial centers by providing for jobs that are
2947not solely dependent upon, but are compatible with and
2948complement, existing agricultural industrial operations and to
2949encourage the creation and expansion of industries that use
2950agricultural products in innovative ways. However, the expansion
2951and diversification of these existing centers must be
2952accomplished in a manner that does not promote urban sprawl into
2953surrounding agricultural and rural areas.
2954     (b)  As used in this subsection, the term "rural
2955agricultural industrial center" means a developed parcel of land
2956in an unincorporated area on which there exists an operating
2957agricultural industrial facility or facilities that employ at
2958least 200 full-time employees in the aggregate and process and
2959prepare for transport a farm product, as defined in s. 163.3162,
2960or any biomass material that could be used, directly or
2961indirectly, for the production of fuel, renewable energy,
2962bioenergy, or alternative fuel as defined by law. The center may
2963also include land contiguous to the facility site which is not
2964used for the cultivation of crops, but on which other existing
2965activities essential to the operation of such facility or
2966facilities are located or conducted. The parcel of land must be
2967located within, or within 10 miles of, a rural area of critical
2968economic concern.
2969     (c)1.  A landowner whose land is located within a rural
2970agricultural industrial center may apply for an amendment to the
2971local government comprehensive plan for the purpose of
2972designating and expanding the existing agricultural industrial
2973uses of facilities located within the center or expanding the
2974existing center to include industrial uses or facilities that
2975are not dependent upon but are compatible with agriculture and
2976the existing uses and facilities. A local government
2977comprehensive plan amendment under this paragraph must:
2978     a.  Not increase the physical area of the existing rural
2979agricultural industrial center by more than 50 percent or 320
2980acres, whichever is greater.
2981     b.  Propose a project that would, upon completion, create
2982at least 50 new full-time jobs.
2983     c.  Demonstrate that sufficient infrastructure capacity
2984exists or will be provided to support the expanded center at the
2985level-of-service standards adopted in the local government
2986comprehensive plan.
2987     d.  Contain goals, objectives, and policies that will
2988ensure that any adverse environmental impacts of the expanded
2989center will be adequately addressed and mitigation implemented
2990or demonstrate that the local government comprehensive plan
2991contains such provisions.
2992     2.  Within 6 months after receiving an application as
2993provided in this paragraph, the local government shall transmit
2994the application to the state land planning agency for review
2995pursuant to this chapter together with any needed amendments to
2996the applicable sections of its comprehensive plan to include
2997goals, objectives, and policies that provide for the expansion
2998of rural agricultural industrial centers and discourage urban
2999sprawl in the surrounding areas. Such goals, objectives, and
3000policies must promote and be consistent with the findings in
3001this subsection. An amendment that meets the requirements of
3002this subsection is presumed not to be urban sprawl as defined in
3003s. 163.3164 consistent with rule 9J-5.006(5), Florida
3004Administrative Code. This presumption may be rebutted by a
3005preponderance of the evidence.
3006     (d)  This subsection does not apply to an optional sector
3007plan adopted pursuant to s. 163.3245, a rural land stewardship
3008area designated pursuant to s. 163.3248 subsection (11), or any
3009comprehensive plan amendment that includes an inland port
3010terminal or affiliated port development.
3011     (e)  Nothing in this subsection shall be construed to
3012confer the status of rural area of critical economic concern, or
3013any of the rights or benefits derived from such status, on any
3014land area not otherwise designated as such pursuant to s.
3015288.0656(7).
3016     Section 13.  Section 163.31777, Florida Statutes, is
3017amended to read:
3018     163.31777  Public schools interlocal agreement.-
3019     (1)(a)  The county and municipalities located within the
3020geographic area of a school district shall enter into an
3021interlocal agreement with the district school board which
3022jointly establishes the specific ways in which the plans and
3023processes of the district school board and the local governments
3024are to be coordinated. The interlocal agreements shall be
3025submitted to the state land planning agency and the Office of
3026Educational Facilities in accordance with a schedule published
3027by the state land planning agency.
3028     (b)  The schedule must establish staggered due dates for
3029submission of interlocal agreements that are executed by both
3030the local government and the district school board, commencing
3031on March 1, 2003, and concluding by December 1, 2004, and must
3032set the same date for all governmental entities within a school
3033district. However, if the county where the school district is
3034located contains more than 20 municipalities, the state land
3035planning agency may establish staggered due dates for the
3036submission of interlocal agreements by these municipalities. The
3037schedule must begin with those areas where both the number of
3038districtwide capital-outlay full-time-equivalent students equals
303980 percent or more of the current year's school capacity and the
3040projected 5-year student growth is 1,000 or greater, or where
3041the projected 5-year student growth rate is 10 percent or
3042greater.
3043     (c)  If the student population has declined over the 5-year
3044period preceding the due date for submittal of an interlocal
3045agreement by the local government and the district school board,
3046the local government and the district school board may petition
3047the state land planning agency for a waiver of one or more
3048requirements of subsection (2). The waiver must be granted if
3049the procedures called for in subsection (2) are unnecessary
3050because of the school district's declining school age
3051population, considering the district's 5-year facilities work
3052program prepared pursuant to s. 1013.35. The state land planning
3053agency may modify or revoke the waiver upon a finding that the
3054conditions upon which the waiver was granted no longer exist.
3055The district school board and local governments must submit an
3056interlocal agreement within 1 year after notification by the
3057state land planning agency that the conditions for a waiver no
3058longer exist.
3059     (d)  Interlocal agreements between local governments and
3060district school boards adopted pursuant to s. 163.3177 before
3061the effective date of this section must be updated and executed
3062pursuant to the requirements of this section, if necessary.
3063Amendments to interlocal agreements adopted pursuant to this
3064section must be submitted to the state land planning agency
3065within 30 days after execution by the parties for review
3066consistent with this section. Local governments and the district
3067school board in each school district are encouraged to adopt a
3068single interlocal agreement to which all join as parties. The
3069state land planning agency shall assemble and make available
3070model interlocal agreements meeting the requirements of this
3071section and notify local governments and, jointly with the
3072Department of Education, the district school boards of the
3073requirements of this section, the dates for compliance, and the
3074sanctions for noncompliance. The state land planning agency
3075shall be available to informally review proposed interlocal
3076agreements. If the state land planning agency has not received a
3077proposed interlocal agreement for informal review, the state
3078land planning agency shall, at least 60 days before the deadline
3079for submission of the executed agreement, renotify the local
3080government and the district school board of the upcoming
3081deadline and the potential for sanctions.
3082     (2)  At a minimum, the interlocal agreement must address
3083interlocal-agreement requirements in s. 163.3180(13)(g), except
3084for exempt local governments as provided in s. 163.3177(12), and
3085must address the following issues:
3086     (a)  A process by which each local government and the
3087district school board agree and base their plans on consistent
3088projections of the amount, type, and distribution of population
3089growth and student enrollment. The geographic distribution of
3090jurisdiction-wide growth forecasts is a major objective of the
3091process.
3092     (b)  A process to coordinate and share information relating
3093to existing and planned public school facilities, including
3094school renovations and closures, and local government plans for
3095development and redevelopment.
3096     (c)  Participation by affected local governments with the
3097district school board in the process of evaluating potential
3098school closures, significant renovations to existing schools,
3099and new school site selection before land acquisition. Local
3100governments shall advise the district school board as to the
3101consistency of the proposed closure, renovation, or new site
3102with the local comprehensive plan, including appropriate
3103circumstances and criteria under which a district school board
3104may request an amendment to the comprehensive plan for school
3105siting.
3106     (d)  A process for determining the need for and timing of
3107onsite and offsite improvements to support new, proposed
3108expansion, or redevelopment of existing schools. The process
3109must address identification of the party or parties responsible
3110for the improvements.
3111     (e)  A process for the school board to inform the local
3112government regarding the effect of comprehensive plan amendments
3113on school capacity. The capacity reporting must be consistent
3114with laws and rules relating to measurement of school facility
3115capacity and must also identify how the district school board
3116will meet the public school demand based on the facilities work
3117program adopted pursuant to s. 1013.35.
3118     (f)  Participation of the local governments in the
3119preparation of the annual update to the district school board's
31205-year district facilities work program and educational plant
3121survey prepared pursuant to s. 1013.35.
3122     (g)  A process for determining where and how joint use of
3123either school board or local government facilities can be shared
3124for mutual benefit and efficiency.
3125     (h)  A procedure for the resolution of disputes between the
3126district school board and local governments, which may include
3127the dispute resolution processes contained in chapters 164 and
3128186.
3129     (i)  An oversight process, including an opportunity for
3130public participation, for the implementation of the interlocal
3131agreement.
3132     (3)(a)  The Office of Educational Facilities shall submit
3133any comments or concerns regarding the executed interlocal
3134agreement to the state land planning agency within 30 days after
3135receipt of the executed interlocal agreement. The state land
3136planning agency shall review the executed interlocal agreement
3137to determine whether it is consistent with the requirements of
3138subsection (2), the adopted local government comprehensive plan,
3139and other requirements of law. Within 60 days after receipt of
3140an executed interlocal agreement, the state land planning agency
3141shall publish a notice of intent in the Florida Administrative
3142Weekly and shall post a copy of the notice on the agency's
3143Internet site. The notice of intent must state whether the
3144interlocal agreement is consistent or inconsistent with the
3145requirements of subsection (2) and this subsection, as
3146appropriate.
3147     (b)  The state land planning agency's notice is subject to
3148challenge under chapter 120; however, an affected person, as
3149defined in s. 163.3184(1)(a), has standing to initiate the
3150administrative proceeding, and this proceeding is the sole means
3151available to challenge the consistency of an interlocal
3152agreement required by this section with the criteria contained
3153in subsection (2) and this subsection. In order to have
3154standing, each person must have submitted oral or written
3155comments, recommendations, or objections to the local government
3156or the school board before the adoption of the interlocal
3157agreement by the school board and local government. The district
3158school board and local governments are parties to any such
3159proceeding. In this proceeding, when the state land planning
3160agency finds the interlocal agreement to be consistent with the
3161criteria in subsection (2) and this subsection, the interlocal
3162agreement shall be determined to be consistent with subsection
3163(2) and this subsection if the local government's and school
3164board's determination of consistency is fairly debatable. When
3165the state planning agency finds the interlocal agreement to be
3166inconsistent with the requirements of subsection (2) and this
3167subsection, the local government's and school board's
3168determination of consistency shall be sustained unless it is
3169shown by a preponderance of the evidence that the interlocal
3170agreement is inconsistent.
3171     (c)  If the state land planning agency enters a final order
3172that finds that the interlocal agreement is inconsistent with
3173the requirements of subsection (2) or this subsection, it shall
3174forward it to the Administration Commission, which may impose
3175sanctions against the local government pursuant to s.
3176163.3184(11) and may impose sanctions against the district
3177school board by directing the Department of Education to
3178withhold from the district school board an equivalent amount of
3179funds for school construction available pursuant to ss. 1013.65,
31801013.68, 1013.70, and 1013.72.
3181     (4)  If an executed interlocal agreement is not timely
3182submitted to the state land planning agency for review, the
3183state land planning agency shall, within 15 working days after
3184the deadline for submittal, issue to the local government and
3185the district school board a Notice to Show Cause why sanctions
3186should not be imposed for failure to submit an executed
3187interlocal agreement by the deadline established by the agency.
3188The agency shall forward the notice and the responses to the
3189Administration Commission, which may enter a final order citing
3190the failure to comply and imposing sanctions against the local
3191government and district school board by directing the
3192appropriate agencies to withhold at least 5 percent of state
3193funds pursuant to s. 163.3184(11) and by directing the
3194Department of Education to withhold from the district school
3195board at least 5 percent of funds for school construction
3196available pursuant to ss. 1013.65, 1013.68, 1013.70, and
31971013.72.
3198     (5)  Any local government transmitting a public school
3199element to implement school concurrency pursuant to the
3200requirements of s. 163.3180 before the effective date of this
3201section is not required to amend the element or any interlocal
3202agreement to conform with the provisions of this section if the
3203element is adopted prior to or within 1 year after the effective
3204date of this section and remains in effect until the county
3205conducts its evaluation and appraisal report and identifies
3206changes necessary to more fully conform to the provisions of
3207this section.
3208     (6)  Except as provided in subsection (7), municipalities
3209meeting the exemption criteria in s. 163.3177(12) are exempt
3210from the requirements of subsections (1), (2), and (3).
3211     (7)  At the time of the evaluation and appraisal report,
3212each exempt municipality shall assess the extent to which it
3213continues to meet the criteria for exemption under s.
3214163.3177(12). If the municipality continues to meet these
3215criteria, the municipality shall continue to be exempt from the
3216interlocal-agreement requirement. Each municipality exempt under
3217s. 163.3177(12) must comply with the provisions of this section
3218within 1 year after the district school board proposes, in its
32195-year district facilities work program, a new school within the
3220municipality's jurisdiction.
3221     Section 14.  Subsection (9) of section 163.3178, Florida
3222Statutes, is amended to read:
3223     163.3178  Coastal management.-
3224     (9)(a)  Local governments may elect to comply with rule 9J-
32255.012(3)(b)6. and 7., Florida Administrative Code, through the
3226process provided in this section. A proposed comprehensive plan
3227amendment shall be found in compliance with state coastal high-
3228hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3229Florida Administrative Code, if:
3230     1.  The adopted level of service for out-of-county
3231hurricane evacuation is maintained for a category 5 storm event
3232as measured on the Saffir-Simpson scale; or
3233     2.  A 12-hour evacuation time to shelter is maintained for
3234a category 5 storm event as measured on the Saffir-Simpson scale
3235and shelter space reasonably expected to accommodate the
3236residents of the development contemplated by a proposed
3237comprehensive plan amendment is available; or
3238     3.  Appropriate mitigation is provided that will satisfy
3239the provisions of subparagraph 1. or subparagraph 2. Appropriate
3240mitigation shall include, without limitation, payment of money,
3241contribution of land, and construction of hurricane shelters and
3242transportation facilities. Required mitigation may shall not
3243exceed the amount required for a developer to accommodate
3244impacts reasonably attributable to development. A local
3245government and a developer shall enter into a binding agreement
3246to memorialize the mitigation plan.
3247     (b)  For those local governments that have not established
3248a level of service for out-of-county hurricane evacuation by
3249July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
32507., Florida Administrative Code, by following the process in
3251paragraph (a), the level of service shall be no greater than 16
3252hours for a category 5 storm event as measured on the Saffir-
3253Simpson scale.
3254     (c)  This subsection shall become effective immediately and
3255shall apply to all local governments. No later than July 1,
32562008, local governments shall amend their future land use map
3257and coastal management element to include the new definition of
3258coastal high-hazard area and to depict the coastal high-hazard
3259area on the future land use map.
3260     Section 15.  Section 163.3180, Florida Statutes, is amended
3261to read:
3262     163.3180  Concurrency.-
3263     (1)(a)  Sanitary sewer, solid waste, drainage, and potable
3264water, parks and recreation, schools, and transportation
3265facilities, including mass transit, where applicable, are the
3266only public facilities and services subject to the concurrency
3267requirement on a statewide basis. Additional public facilities
3268and services may not be made subject to concurrency on a
3269statewide basis without appropriate study and approval by the
3270Legislature; however, any local government may extend the
3271concurrency requirement so that it applies to additional public
3272facilities within its jurisdiction. If concurrency is applied to
3273other public facilities, the local government comprehensive plan
3274must provide the principles, guidelines, standards, and
3275strategies, including adopted levels of service, to guide its
3276application. In order for a local government to rescind any
3277optional concurrency provisions, a comprehensive plan amendment
3278is required. An amendment rescinding optional concurrency issues
3279is not subject to state review. The local government
3280comprehensive plan must demonstrate, for required or optional
3281concurrency requirements, that the levels of service adopted can
3282be reasonably met. Infrastructure needed to ensure that adopted
3283level-of-service standards are achieved and maintained for the
32845-year period of the capital improvement schedule must be
3285identified pursuant to the requirements of s. 163.3177(3).
3286     (b)  Local governments shall use professionally accepted
3287techniques for measuring level of service for automobiles,
3288bicycles, pedestrians, transit, and trucks. These techniques may
3289be used to evaluate increased accessibility by multiple modes
3290and reductions in vehicle miles of travel in an area or zone.
3291The Department of Transportation shall develop methodologies to
3292assist local governments in implementing this multimodal level-
3293of-service analysis. The Department of Community Affairs and the
3294Department of Transportation shall provide technical assistance
3295to local governments in applying these methodologies.
3296     (2)(a)  Consistent with public health and safety, sanitary
3297sewer, solid waste, drainage, adequate water supplies, and
3298potable water facilities shall be in place and available to
3299serve new development no later than the issuance by the local
3300government of a certificate of occupancy or its functional
3301equivalent. Prior to approval of a building permit or its
3302functional equivalent, the local government shall consult with
3303the applicable water supplier to determine whether adequate
3304water supplies to serve the new development will be available no
3305later than the anticipated date of issuance by the local
3306government of a certificate of occupancy or its functional
3307equivalent. A local government may meet the concurrency
3308requirement for sanitary sewer through the use of onsite sewage
3309treatment and disposal systems approved by the Department of
3310Health to serve new development.
3311     (b)  Consistent with the public welfare, and except as
3312otherwise provided in this section, parks and recreation
3313facilities to serve new development shall be in place or under
3314actual construction no later than 1 year after issuance by the
3315local government of a certificate of occupancy or its functional
3316equivalent. However, the acreage for such facilities shall be
3317dedicated or be acquired by the local government prior to
3318issuance by the local government of a certificate of occupancy
3319or its functional equivalent, or funds in the amount of the
3320developer's fair share shall be committed no later than the
3321local government's approval to commence construction.
3322     (c)  Consistent with the public welfare, and except as
3323otherwise provided in this section, transportation facilities
3324needed to serve new development shall be in place or under
3325actual construction within 3 years after the local government
3326approves a building permit or its functional equivalent that
3327results in traffic generation.
3328     (3)  Governmental entities that are not responsible for
3329providing, financing, operating, or regulating public facilities
3330needed to serve development may not establish binding level-of-
3331service standards on governmental entities that do bear those
3332responsibilities. This subsection does not limit the authority
3333of any agency to recommend or make objections, recommendations,
3334comments, or determinations during reviews conducted under s.
3335163.3184.
3336     (4)(a)  The concurrency requirement as implemented in local
3337comprehensive plans applies to state and other public facilities
3338and development to the same extent that it applies to all other
3339facilities and development, as provided by law.
3340     (b)  The concurrency requirement as implemented in local
3341comprehensive plans does not apply to public transit facilities.
3342For the purposes of this paragraph, public transit facilities
3343include transit stations and terminals; transit station parking;
3344park-and-ride lots; intermodal public transit connection or
3345transfer facilities; fixed bus, guideway, and rail stations; and
3346airport passenger terminals and concourses, air cargo
3347facilities, and hangars for the assembly, manufacture,
3348maintenance, or storage of aircraft. As used in this paragraph,
3349the terms "terminals" and "transit facilities" do not include
3350seaports or commercial or residential development constructed in
3351conjunction with a public transit facility.
3352     (c)  The concurrency requirement, except as it relates to
3353transportation facilities and public schools, as implemented in
3354local government comprehensive plans, may be waived by a local
3355government for urban infill and redevelopment areas designated
3356pursuant to s. 163.2517 if such a waiver does not endanger
3357public health or safety as defined by the local government in
3358its local government comprehensive plan. The waiver shall be
3359adopted as a plan amendment pursuant to the process set forth in
3360s. 163.3187(3)(a). A local government may grant a concurrency
3361exception pursuant to subsection (5) for transportation
3362facilities located within these urban infill and redevelopment
3363areas.
3364     (5)(a)  If concurrency is applied to transportation
3365facilities, the local government comprehensive plan must provide
3366the principles, guidelines, standards, and strategies, including
3367adopted levels of service to guide its application.
3368     (b)  Local governments shall use professionally accepted
3369studies to determine appropriate levels of service, which shall
3370be based on a schedule of facilities that will be necessary to
3371meet level of service demands reflected in the capital
3372improvement element.
3373     (c)  Local governments shall use professionally accepted
3374techniques for measuring levels of service when evaluating
3375potential impacts of a proposed development.
3376     (d)  The premise of concurrency is that the public
3377facilities will be provided in order to achieve and maintain the
3378adopted level of service standard. A comprehensive plan that
3379imposes transportation concurrency shall contain appropriate
3380amendments to the capital improvements element of the
3381comprehensive plan, consistent with the requirements of s.
3382163.3177(3). The capital improvements element shall identify
3383facilities necessary to meet adopted levels of service during a
33845-year period.
3385     (e)  If a local government applies transportation
3386concurrency in its jurisdiction, it is encouraged to develop
3387policy guidelines and techniques to address potential negative
3388impacts on future development:
3389     1.  In urban infill and redevelopment, and urban service
3390areas.
3391     2.  With special part-time demands on the transportation
3392system.
3393     3.  With de minimis impacts.
3394     4.  On community desired types of development, such as
3395redevelopment, or job creation projects.
3396     (f)  Local governments are encouraged to develop tools and
3397techniques to complement the application of transportation
3398concurrency such as:
3399     1.  Adoption of long-term strategies to facilitate
3400development patterns that support multimodal solutions,
3401including urban design, and appropriate land use mixes,
3402including intensity and density.
3403     2.  Adoption of an areawide level of service not dependent
3404on any single road segment function.
3405     3.  Exempting or discounting impacts of locally desired
3406development, such as development in urban areas, redevelopment,
3407job creation, and mixed use on the transportation system.
3408     4.  Assigning secondary priority to vehicle mobility and
3409primary priority to ensuring a safe, comfortable, and attractive
3410pedestrian environment, with convenient interconnection to
3411transit.
3412     5.  Establishing multimodal level of service standards that
3413rely primarily on nonvehicular modes of transportation where
3414existing or planned community design will provide adequate level
3415of mobility.
3416     6.  Reducing impact fees or local access fees to promote
3417development within urban areas, multimodal transportation
3418districts, and a balance of mixed use development in certain
3419areas or districts, or for affordable or workforce housing.
3420     (g)  Local governments are encouraged to coordinate with
3421adjacent local governments for the purpose of using common
3422methodologies for measuring impacts on transportation
3423facilities.
3424     (h)  Local governments that implement transportation
3425concurrency must:
3426     1.  Consult with the Department of Transportation when
3427proposed plan amendments affect facilities on the strategic
3428intermodal system.
3429     2.  Exempt public transit facilities from concurrency. For
3430the purposes of this subparagraph, public transit facilities
3431include transit stations and terminals; transit station parking;
3432park-and-ride lots; intermodal public transit connection or
3433transfer facilities; fixed bus, guideway, and rail stations; and
3434airport passenger terminals and concourses, air cargo
3435facilities, and hangars for the assembly, manufacture,
3436maintenance, or storage of aircraft. As used in this
3437subparagraph, the terms "terminals" and "transit facilities" do
3438not include seaports or commercial or residential development
3439constructed in conjunction with a public transit facility.
3440     3.  Allow an applicant for a development-of-regional-impact
3441development order, a rezoning, or other land use development
3442permit to satisfy the transportation concurrency requirements of
3443the local comprehensive plan, the local government's concurrency
3444management system, and s. 380.06, when applicable, if:
3445     a.  The applicant enters into a binding agreement to pay
3446for or construct its proportionate share of required
3447improvements.
3448     b. The proportionate share contribution or construction is
3449sufficient to accomplish one or more mobility improvements that
3450will benefit a regionally significant transportation facility.
3451     c.  The local government has provided a means by which the
3452landowner will be assessed a proportionate share of the cost of
3453providing the transportation facilities necessary to serve the
3454proposed development.
3455
3456When an applicant contributes or constructs its proportionate
3457share, pursuant to this subparagraph, a local government may not
3458require payment or construction of transportation facilities
3459whose costs would be greater than a development's proportionate
3460share of the improvements necessary to mitigate the
3461development's impacts. The proportionate share contribution
3462shall be calculated based upon the number of trips from the
3463proposed development expected to reach roadways during the peak
3464hour from the stage or phase being approved, divided by the
3465change in the peak hour maximum service volume of roadways
3466resulting from construction of an improvement necessary to
3467maintain or achieve the adopted level of service, multiplied by
3468the construction cost, at the time of development payment, of
3469the improvement necessary to maintain or achieve the adopted
3470level of service. When the requirements of this paragraph have
3471been satisfied for a particular stage or phase of development,
3472all transportation impacts from that stage or phase shall be
3473deemed fully mitigated in any cumulative transportation analysis
3474for a subsequent stage or phase of development. In projecting
3475the number of trips to be generated by the development under
3476review, any trips assigned to a toll-financed facility shall be
3477eliminated from the analysis. The applicant is not responsible
3478for the cost of reducing or eliminating deficits that exist
3479prior to the filing of the application and shall receive a
3480credit on a dollar-for-dollar basis for transportation impact
3481fees payable in the future for the project. This subparagraph
3482does not require a local government to approve a development
3483that is not otherwise qualified for approval pursuant to the
3484applicable local comprehensive plan and land development
3485regulations.
3486     (a)  The Legislature finds that under limited
3487circumstances, countervailing planning and public policy goals
3488may come into conflict with the requirement that adequate public
3489transportation facilities and services be available concurrent
3490with the impacts of such development. The Legislature further
3491finds that the unintended result of the concurrency requirement
3492for transportation facilities is often the discouragement of
3493urban infill development and redevelopment. Such unintended
3494results directly conflict with the goals and policies of the
3495state comprehensive plan and the intent of this part. The
3496Legislature also finds that in urban centers transportation
3497cannot be effectively managed and mobility cannot be improved
3498solely through the expansion of roadway capacity, that the
3499expansion of roadway capacity is not always physically or
3500financially possible, and that a range of transportation
3501alternatives is essential to satisfy mobility needs, reduce
3502congestion, and achieve healthy, vibrant centers.
3503     (b)1.  The following are transportation concurrency
3504exception areas:
3505     a.  A municipality that qualifies as a dense urban land
3506area under s. 163.3164;
3507     b.  An urban service area under s. 163.3164 that has been
3508adopted into the local comprehensive plan and is located within
3509a county that qualifies as a dense urban land area under s.
3510163.3164; and
3511     c.  A county, including the municipalities located therein,
3512which has a population of at least 900,000 and qualifies as a
3513dense urban land area under s. 163.3164, but does not have an
3514urban service area designated in the local comprehensive plan.
3515     2.  A municipality that does not qualify as a dense urban
3516land area pursuant to s. 163.3164 may designate in its local
3517comprehensive plan the following areas as transportation
3518concurrency exception areas:
3519     a.  Urban infill as defined in s. 163.3164;
3520     b.  Community redevelopment areas as defined in s. 163.340;
3521     c.  Downtown revitalization areas as defined in s.
3522163.3164;
3523     d.  Urban infill and redevelopment under s. 163.2517; or
3524     e.  Urban service areas as defined in s. 163.3164 or areas
3525within a designated urban service boundary under s.
3526163.3177(14).
3527     3.  A county that does not qualify as a dense urban land
3528area pursuant to s. 163.3164 may designate in its local
3529comprehensive plan the following areas as transportation
3530concurrency exception areas:
3531     a.  Urban infill as defined in s. 163.3164;
3532     b.  Urban infill and redevelopment under s. 163.2517; or
3533     c.  Urban service areas as defined in s. 163.3164.
3534     4.  A local government that has a transportation
3535concurrency exception area designated pursuant to subparagraph
35361., subparagraph 2., or subparagraph 3. shall, within 2 years
3537after the designated area becomes exempt, adopt into its local
3538comprehensive plan land use and transportation strategies to
3539support and fund mobility within the exception area, including
3540alternative modes of transportation. Local governments are
3541encouraged to adopt complementary land use and transportation
3542strategies that reflect the region's shared vision for its
3543future. If the state land planning agency finds insufficient
3544cause for the failure to adopt into its comprehensive plan land
3545use and transportation strategies to support and fund mobility
3546within the designated exception area after 2 years, it shall
3547submit the finding to the Administration Commission, which may
3548impose any of the sanctions set forth in s. 163.3184(11)(a) and
3549(b) against the local government.
3550     5.  Transportation concurrency exception areas designated
3551pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3552do not apply to designated transportation concurrency districts
3553located within a county that has a population of at least 1.5
3554million, has implemented and uses a transportation-related
3555concurrency assessment to support alternative modes of
3556transportation, including, but not limited to, mass transit, and
3557does not levy transportation impact fees within the concurrency
3558district.
3559     6.  Transportation concurrency exception areas designated
3560under subparagraph 1., subparagraph 2., or subparagraph 3. do
3561not apply in any county that has exempted more than 40 percent
3562of the area inside the urban service area from transportation
3563concurrency for the purpose of urban infill.
3564     7.  A local government that does not have a transportation
3565concurrency exception area designated pursuant to subparagraph
35661., subparagraph 2., or subparagraph 3. may grant an exception
3567from the concurrency requirement for transportation facilities
3568if the proposed development is otherwise consistent with the
3569adopted local government comprehensive plan and is a project
3570that promotes public transportation or is located within an area
3571designated in the comprehensive plan for:
3572     a.  Urban infill development;
3573     b.  Urban redevelopment;
3574     c.  Downtown revitalization;
3575     d.  Urban infill and redevelopment under s. 163.2517; or
3576     e.  An urban service area specifically designated as a
3577transportation concurrency exception area which includes lands
3578appropriate for compact, contiguous urban development, which
3579does not exceed the amount of land needed to accommodate the
3580projected population growth at densities consistent with the
3581adopted comprehensive plan within the 10-year planning period,
3582and which is served or is planned to be served with public
3583facilities and services as provided by the capital improvements
3584element.
3585     (c)  The Legislature also finds that developments located
3586within urban infill, urban redevelopment, urban service, or
3587downtown revitalization areas or areas designated as urban
3588infill and redevelopment areas under s. 163.2517, which pose
3589only special part-time demands on the transportation system, are
3590exempt from the concurrency requirement for transportation
3591facilities. A special part-time demand is one that does not have
3592more than 200 scheduled events during any calendar year and does
3593not affect the 100 highest traffic volume hours.
3594     (d)  Except for transportation concurrency exception areas
3595designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3596or subparagraph (b)3., the following requirements apply:
3597     1.  The local government shall both adopt into the
3598comprehensive plan and implement long-term strategies to support
3599and fund mobility within the designated exception area,
3600including alternative modes of transportation. The plan
3601amendment must also demonstrate how strategies will support the
3602purpose of the exception and how mobility within the designated
3603exception area will be provided.
3604     2.  The strategies must address urban design; appropriate
3605land use mixes, including intensity and density; and network
3606connectivity plans needed to promote urban infill,
3607redevelopment, or downtown revitalization. The comprehensive
3608plan amendment designating the concurrency exception area must
3609be accompanied by data and analysis supporting the local
3610government's determination of the boundaries of the
3611transportation concurrency exception area.
3612     (e)  Before designating a concurrency exception area
3613pursuant to subparagraph (b)7., the state land planning agency
3614and the Department of Transportation shall be consulted by the
3615local government to assess the impact that the proposed
3616exception area is expected to have on the adopted level-of-
3617service standards established for regional transportation
3618facilities identified pursuant to s. 186.507, including the
3619Strategic Intermodal System and roadway facilities funded in
3620accordance with s. 339.2819. Further, the local government shall
3621provide a plan for the mitigation of impacts to the Strategic
3622Intermodal System, including, if appropriate, access management,
3623parallel reliever roads, transportation demand management, and
3624other measures.
3625     (f)  The designation of a transportation concurrency
3626exception area does not limit a local government's home rule
3627power to adopt ordinances or impose fees. This subsection does
3628not affect any contract or agreement entered into or development
3629order rendered before the creation of the transportation
3630concurrency exception area except as provided in s.
3631380.06(29)(e).
3632     (g)  The Office of Program Policy Analysis and Government
3633Accountability shall submit to the President of the Senate and
3634the Speaker of the House of Representatives by February 1, 2015,
3635a report on transportation concurrency exception areas created
3636pursuant to this subsection. At a minimum, the report shall
3637address the methods that local governments have used to
3638implement and fund transportation strategies to achieve the
3639purposes of designated transportation concurrency exception
3640areas, and the effects of the strategies on mobility,
3641congestion, urban design, the density and intensity of land use
3642mixes, and network connectivity plans used to promote urban
3643infill, redevelopment, or downtown revitalization.
3644     (6)  The Legislature finds that a de minimis impact is
3645consistent with this part. A de minimis impact is an impact that
3646would not affect more than 1 percent of the maximum volume at
3647the adopted level of service of the affected transportation
3648facility as determined by the local government. No impact will
3649be de minimis if the sum of existing roadway volumes and the
3650projected volumes from approved projects on a transportation
3651facility would exceed 110 percent of the maximum volume at the
3652adopted level of service of the affected transportation
3653facility; provided however, that an impact of a single family
3654home on an existing lot will constitute a de minimis impact on
3655all roadways regardless of the level of the deficiency of the
3656roadway. Further, no impact will be de minimis if it would
3657exceed the adopted level-of-service standard of any affected
3658designated hurricane evacuation routes. Each local government
3659shall maintain sufficient records to ensure that the 110-percent
3660criterion is not exceeded. Each local government shall submit
3661annually, with its updated capital improvements element, a
3662summary of the de minimis records. If the state land planning
3663agency determines that the 110-percent criterion has been
3664exceeded, the state land planning agency shall notify the local
3665government of the exceedance and that no further de minimis
3666exceptions for the applicable roadway may be granted until such
3667time as the volume is reduced below the 110 percent. The local
3668government shall provide proof of this reduction to the state
3669land planning agency before issuing further de minimis
3670exceptions.
3671     (7)  In order to promote infill development and
3672redevelopment, one or more transportation concurrency management
3673areas may be designated in a local government comprehensive
3674plan. A transportation concurrency management area must be a
3675compact geographic area with an existing network of roads where
3676multiple, viable alternative travel paths or modes are available
3677for common trips. A local government may establish an areawide
3678level-of-service standard for such a transportation concurrency
3679management area based upon an analysis that provides for a
3680justification for the areawide level of service, how urban
3681infill development or redevelopment will be promoted, and how
3682mobility will be accomplished within the transportation
3683concurrency management area. Prior to the designation of a
3684concurrency management area, the Department of Transportation
3685shall be consulted by the local government to assess the impact
3686that the proposed concurrency management area is expected to
3687have on the adopted level-of-service standards established for
3688Strategic Intermodal System facilities, as defined in s. 339.64,
3689and roadway facilities funded in accordance with s. 339.2819.
3690Further, the local government shall, in cooperation with the
3691Department of Transportation, develop a plan to mitigate any
3692impacts to the Strategic Intermodal System, including, if
3693appropriate, the development of a long-term concurrency
3694management system pursuant to subsection (9) and s.
3695163.3177(3)(d). Transportation concurrency management areas
3696existing prior to July 1, 2005, shall meet, at a minimum, the
3697provisions of this section by July 1, 2006, or at the time of
3698the comprehensive plan update pursuant to the evaluation and
3699appraisal report, whichever occurs last. The state land planning
3700agency shall amend chapter 9J-5, Florida Administrative Code, to
3701be consistent with this subsection.
3702     (8)  When assessing the transportation impacts of proposed
3703urban redevelopment within an established existing urban service
3704area, 110 percent of the actual transportation impact caused by
3705the previously existing development must be reserved for the
3706redevelopment, even if the previously existing development has a
3707lesser or nonexisting impact pursuant to the calculations of the
3708local government. Redevelopment requiring less than 110 percent
3709of the previously existing capacity shall not be prohibited due
3710to the reduction of transportation levels of service below the
3711adopted standards. This does not preclude the appropriate
3712assessment of fees or accounting for the impacts within the
3713concurrency management system and capital improvements program
3714of the affected local government. This paragraph does not affect
3715local government requirements for appropriate development
3716permits.
3717     (9)(a)  Each local government may adopt as a part of its
3718plan, long-term transportation and school concurrency management
3719systems with a planning period of up to 10 years for specially
3720designated districts or areas where significant backlogs exist.
3721The plan may include interim level-of-service standards on
3722certain facilities and shall rely on the local government's
3723schedule of capital improvements for up to 10 years as a basis
3724for issuing development orders that authorize commencement of
3725construction in these designated districts or areas. The
3726concurrency management system must be designed to correct
3727existing deficiencies and set priorities for addressing
3728backlogged facilities. The concurrency management system must be
3729financially feasible and consistent with other portions of the
3730adopted local plan, including the future land use map.
3731     (b)  If a local government has a transportation or school
3732facility backlog for existing development which cannot be
3733adequately addressed in a 10-year plan, the state land planning
3734agency may allow it to develop a plan and long-term schedule of
3735capital improvements covering up to 15 years for good and
3736sufficient cause, based on a general comparison between that
3737local government and all other similarly situated local
3738jurisdictions, using the following factors:
3739     1.  The extent of the backlog.
3740     2.  For roads, whether the backlog is on local or state
3741roads.
3742     3.  The cost of eliminating the backlog.
3743     4.  The local government's tax and other revenue-raising
3744efforts.
3745     (c)  The local government may issue approvals to commence
3746construction notwithstanding this section, consistent with and
3747in areas that are subject to a long-term concurrency management
3748system.
3749     (d)  If the local government adopts a long-term concurrency
3750management system, it must evaluate the system periodically. At
3751a minimum, the local government must assess its progress toward
3752improving levels of service within the long-term concurrency
3753management district or area in the evaluation and appraisal
3754report and determine any changes that are necessary to
3755accelerate progress in meeting acceptable levels of service.
3756     (10)  Except in transportation concurrency exception areas,
3757with regard to roadway facilities on the Strategic Intermodal
3758System designated in accordance with s. 339.63, local
3759governments shall adopt the level-of-service standard
3760established by the Department of Transportation by rule.
3761However, if the Office of Tourism, Trade, and Economic
3762Development concurs in writing with the local government that
3763the proposed development is for a qualified job creation project
3764under s. 288.0656 or s. 403.973, the affected local government,
3765after consulting with the Department of Transportation, may
3766provide for a waiver of transportation concurrency for the
3767project. For all other roads on the State Highway System, local
3768governments shall establish an adequate level-of-service
3769standard that need not be consistent with any level-of-service
3770standard established by the Department of Transportation. In
3771establishing adequate level-of-service standards for any
3772arterial roads, or collector roads as appropriate, which
3773traverse multiple jurisdictions, local governments shall
3774consider compatibility with the roadway facility's adopted
3775level-of-service standards in adjacent jurisdictions. Each local
3776government within a county shall use a professionally accepted
3777methodology for measuring impacts on transportation facilities
3778for the purposes of implementing its concurrency management
3779system. Counties are encouraged to coordinate with adjacent
3780counties, and local governments within a county are encouraged
3781to coordinate, for the purpose of using common methodologies for
3782measuring impacts on transportation facilities for the purpose
3783of implementing their concurrency management systems.
3784     (11)  In order to limit the liability of local governments,
3785a local government may allow a landowner to proceed with
3786development of a specific parcel of land notwithstanding a
3787failure of the development to satisfy transportation
3788concurrency, when all the following factors are shown to exist:
3789     (a)  The local government with jurisdiction over the
3790property has adopted a local comprehensive plan that is in
3791compliance.
3792     (b)  The proposed development would be consistent with the
3793future land use designation for the specific property and with
3794pertinent portions of the adopted local plan, as determined by
3795the local government.
3796     (c)  The local plan includes a financially feasible capital
3797improvements element that provides for transportation facilities
3798adequate to serve the proposed development, and the local
3799government has not implemented that element.
3800     (d)  The local government has provided a means by which the
3801landowner will be assessed a fair share of the cost of providing
3802the transportation facilities necessary to serve the proposed
3803development.
3804     (e)  The landowner has made a binding commitment to the
3805local government to pay the fair share of the cost of providing
3806the transportation facilities to serve the proposed development.
3807     (12)(a)  A development of regional impact may satisfy the
3808transportation concurrency requirements of the local
3809comprehensive plan, the local government's concurrency
3810management system, and s. 380.06 by payment of a proportionate-
3811share contribution for local and regionally significant traffic
3812impacts, if:
3813     1.  The development of regional impact which, based on its
3814location or mix of land uses, is designed to encourage
3815pedestrian or other nonautomotive modes of transportation;
3816     2.  The proportionate-share contribution for local and
3817regionally significant traffic impacts is sufficient to pay for
3818one or more required mobility improvements that will benefit a
3819regionally significant transportation facility;
3820     3.  The owner and developer of the development of regional
3821impact pays or assures payment of the proportionate-share
3822contribution; and
3823     4.  If the regionally significant transportation facility
3824to be constructed or improved is under the maintenance authority
3825of a governmental entity, as defined by s. 334.03(12), other
3826than the local government with jurisdiction over the development
3827of regional impact, the developer is required to enter into a
3828binding and legally enforceable commitment to transfer funds to
3829the governmental entity having maintenance authority or to
3830otherwise assure construction or improvement of the facility.
3831
3832The proportionate-share contribution may be applied to any
3833transportation facility to satisfy the provisions of this
3834subsection and the local comprehensive plan, but, for the
3835purposes of this subsection, the amount of the proportionate-
3836share contribution shall be calculated based upon the cumulative
3837number of trips from the proposed development expected to reach
3838roadways during the peak hour from the complete buildout of a
3839stage or phase being approved, divided by the change in the peak
3840hour maximum service volume of roadways resulting from
3841construction of an improvement necessary to maintain the adopted
3842level of service, multiplied by the construction cost, at the
3843time of developer payment, of the improvement necessary to
3844maintain the adopted level of service. For purposes of this
3845subsection, "construction cost" includes all associated costs of
3846the improvement. Proportionate-share mitigation shall be limited
3847to ensure that a development of regional impact meeting the
3848requirements of this subsection mitigates its impact on the
3849transportation system but is not responsible for the additional
3850cost of reducing or eliminating backlogs. This subsection also
3851applies to Florida Quality Developments pursuant to s. 380.061
3852and to detailed specific area plans implementing optional sector
3853plans pursuant to s. 163.3245.
3854     (b)  As used in this subsection, the term "backlog" means a
3855facility or facilities on which the adopted level-of-service
3856standard is exceeded by the existing trips, plus additional
3857projected background trips from any source other than the
3858development project under review that are forecast by
3859established traffic standards, including traffic modeling,
3860consistent with the University of Florida Bureau of Economic and
3861Business Research medium population projections. Additional
3862projected background trips are to be coincident with the
3863particular stage or phase of development under review.
3864     (13)  School concurrency shall be established on a
3865districtwide basis and shall include all public schools in the
3866district and all portions of the district, whether located in a
3867municipality or an unincorporated area unless exempt from the
3868public school facilities element pursuant to s. 163.3177(12).
3869     (6)(a)  If concurrency is applied to public education
3870facilities, The application of school concurrency to development
3871shall be based upon the adopted comprehensive plan, as amended.
3872all local governments within a county, except as provided in
3873paragraph (i) (f), shall include principles, guidelines,
3874standards, and strategies, including adopted levels of service,
3875in their comprehensive plans and adopt and transmit to the state
3876land planning agency the necessary plan amendments, along with
3877the interlocal agreements. If the county and one or more
3878municipalities have adopted school concurrency into its
3879comprehensive plan and interlocal agreement that represents at
3880least 80 percent of the total countywide population, the failure
3881of one or more municipalities to adopt the concurrency and enter
3882into the interlocal agreement does not preclude implementation
3883of school concurrency within the school district. agreement, for
3884a compliance review pursuant to s. 163.3184(7) and (8). The
3885minimum requirements for school concurrency are the following:
3886     (a)  Public school facilities element.-A local government
3887shall adopt and transmit to the state land planning agency a
3888plan or plan amendment which includes a public school facilities
3889element which is consistent with the requirements of s.
3890163.3177(12) and which is determined to be in compliance as
3891defined in s. 163.3184(1)(b). All local government provisions
3892included in comprehensive plans regarding school concurrency
3893public school facilities plan elements within a county must be
3894consistent with each other as well as the requirements of this
3895part.
3896     (b)  Level-of-service standards.-The Legislature recognizes
3897that an essential requirement for a concurrency management
3898system is the level of service at which a public facility is
3899expected to operate.
3900     1.  Local governments and school boards imposing school
3901concurrency shall exercise authority in conjunction with each
3902other to establish jointly adequate level-of-service standards,
3903as defined in chapter 9J-5, Florida Administrative Code,
3904necessary to implement the adopted local government
3905comprehensive plan, based on data and analysis.
3906     (c)2.  Public school level-of-service standards shall be
3907included and adopted into the capital improvements element of
3908the local comprehensive plan and shall apply districtwide to all
3909schools of the same type. Types of schools may include
3910elementary, middle, and high schools as well as special purpose
3911facilities such as magnet schools.
3912     (d)3.  Local governments and school boards may shall have
3913the option to utilize tiered level-of-service standards to allow
3914time to achieve an adequate and desirable level of service as
3915circumstances warrant.
3916     (e)4.  For the purpose of determining whether levels of
3917service have been achieved, for the first 3 years of school
3918concurrency implementation, A school district that includes
3919relocatable facilities in its inventory of student stations
3920shall include the capacity of such relocatable facilities as
3921provided in s. 1013.35(2)(b)2.f., provided the relocatable
3922facilities were purchased after 1998 and the relocatable
3923facilities meet the standards for long-term use pursuant to s.
39241013.20.
3925     (c)  Service areas.-The Legislature recognizes that an
3926essential requirement for a concurrency system is a designation
3927of the area within which the level of service will be measured
3928when an application for a residential development permit is
3929reviewed for school concurrency purposes. This delineation is
3930also important for purposes of determining whether the local
3931government has a financially feasible public school capital
3932facilities program that will provide schools which will achieve
3933and maintain the adopted level-of-service standards.
3934     (f)1.  In order to balance competing interests, preserve
3935the constitutional concept of uniformity, and avoid disruption
3936of existing educational and growth management processes, local
3937governments are encouraged, if they elect to adopt school
3938concurrency, to initially apply school concurrency to
3939development only on a districtwide basis so that a concurrency
3940determination for a specific development will be based upon the
3941availability of school capacity districtwide. To ensure that
3942development is coordinated with schools having available
3943capacity, within 5 years after adoption of school concurrency,
3944     2.  If a local government elects to governments shall apply
3945school concurrency on a less than districtwide basis, by such as
3946using school attendance zones or concurrency service areas:, as
3947provided in subparagraph 2.
3948     a.2.  For local governments applying school concurrency on
3949a less than districtwide basis, such as utilizing school
3950attendance zones or larger school concurrency service areas,
3951Local governments and school boards shall have the burden to
3952demonstrate that the utilization of school capacity is maximized
3953to the greatest extent possible in the comprehensive plan and
3954amendment, taking into account transportation costs and court-
3955approved desegregation plans, as well as other factors. In
3956addition, in order to achieve concurrency within the service
3957area boundaries selected by local governments and school boards,
3958the service area boundaries, together with the standards for
3959establishing those boundaries, shall be identified and included
3960as supporting data and analysis for the comprehensive plan.
3961     b.3.  Where school capacity is available on a districtwide
3962basis but school concurrency is applied on a less than
3963districtwide basis in the form of concurrency service areas, if
3964the adopted level-of-service standard cannot be met in a
3965particular service area as applied to an application for a
3966development permit and if the needed capacity for the particular
3967service area is available in one or more contiguous service
3968areas, as adopted by the local government, then the local
3969government may not deny an application for site plan or final
3970subdivision approval or the functional equivalent for a
3971development or phase of a development on the basis of school
3972concurrency, and if issued, development impacts shall be
3973subtracted from the shifted to  contiguous service area's areas
3974with schools having available capacity totals. Students from the
3975development may not be required to go to the adjacent service
3976area unless the school board rezones the area in which the
3977development occurs.
3978     (g)(d)  Financial feasibility.-The Legislature recognizes
3979that financial feasibility is an important issue because The
3980premise of concurrency is that the public facilities will be
3981provided in order to achieve and maintain the adopted level-of-
3982service standard. This part and chapter 9J-5, Florida
3983Administrative Code, contain specific standards to determine the
3984financial feasibility of capital programs. These standards were
3985adopted to make concurrency more predictable and local
3986governments more accountable.
3987     1.  A comprehensive plan that imposes amendment seeking to
3988impose school concurrency shall contain appropriate amendments
3989to the capital improvements element of the comprehensive plan,
3990consistent with the requirements of s. 163.3177(3) and rule 9J-
39915.016, Florida Administrative Code. The capital improvements
3992element shall identify facilities necessary to meet adopted
3993levels of service during a 5-year period consistent with the
3994school board's educational set forth a financially feasible
3995public school capital facilities plan program, established in
3996conjunction with the school board, that demonstrates that the
3997adopted level-of-service standards will be achieved and
3998maintained.
3999     (h)1.  In order to limit the liability of local
4000governments, a local government may allow a landowner to proceed
4001with development of a specific parcel of land notwithstanding a
4002failure of the development to satisfy school concurrency, if all
4003the following factors are shown to exist:
4004     a.  The proposed development would be consistent with the
4005future land use designation for the specific property and with
4006pertinent portions of the adopted local plan, as determined by
4007the local government.
4008     b.  The local government's capital improvements element and
4009the school board's educational facilities plan provide for
4010school facilities adequate to serve the proposed development,
4011and the local government or school board has not implemented
4012that element or the project includes a plan that demonstrates
4013that the capital facilities needed as a result of the project
4014can be reasonably provided.
4015     c.  The local government and school board have provided a
4016means by which the landowner will be assessed a proportionate
4017share of the cost of providing the school facilities necessary
4018to serve the proposed development.
4019     2.  Such amendments shall demonstrate that the public
4020school capital facilities program meets all of the financial
4021feasibility standards of this part and chapter 9J-5, Florida
4022Administrative Code, that apply to capital programs which
4023provide the basis for mandatory concurrency on other public
4024facilities and services.
4025     3.  When the financial feasibility of a public school
4026capital facilities program is evaluated by the state land
4027planning agency for purposes of a compliance determination, the
4028evaluation shall be based upon the service areas selected by the
4029local governments and school board.
4030     2.(e)  Availability standard.-Consistent with the public
4031welfare, If a local government applies school concurrency, it
4032may not deny an application for site plan, final subdivision
4033approval, or the functional equivalent for a development or
4034phase of a development authorizing residential development for
4035failure to achieve and maintain the level-of-service standard
4036for public school capacity in a local school concurrency
4037management system where adequate school facilities will be in
4038place or under actual construction within 3 years after the
4039issuance of final subdivision or site plan approval, or the
4040functional equivalent. School concurrency is satisfied if the
4041developer executes a legally binding commitment to provide
4042mitigation proportionate to the demand for public school
4043facilities to be created by actual development of the property,
4044including, but not limited to, the options described in sub-
4045subparagraph a. subparagraph 1. Options for proportionate-share
4046mitigation of impacts on public school facilities must be
4047established in the comprehensive plan public school facilities
4048element and the interlocal agreement pursuant to s. 163.31777.
4049     a.1.  Appropriate mitigation options include the
4050contribution of land; the construction, expansion, or payment
4051for land acquisition or construction of a public school
4052facility; the construction of a charter school that complies
4053with the requirements of s. 1002.33(18); or the creation of
4054mitigation banking based on the construction of a public school
4055facility in exchange for the right to sell capacity credits.
4056Such options must include execution by the applicant and the
4057local government of a development agreement that constitutes a
4058legally binding commitment to pay proportionate-share mitigation
4059for the additional residential units approved by the local
4060government in a development order and actually developed on the
4061property, taking into account residential density allowed on the
4062property prior to the plan amendment that increased the overall
4063residential density. The district school board must be a party
4064to such an agreement. As a condition of its entry into such a
4065development agreement, the local government may require the
4066landowner to agree to continuing renewal of the agreement upon
4067its expiration.
4068     b.2.  If the interlocal agreement education facilities plan
4069and the local government comprehensive plan public educational
4070facilities element authorize a contribution of land; the
4071construction, expansion, or payment for land acquisition; the
4072construction or expansion of a public school facility, or a
4073portion thereof; or the construction of a charter school that
4074complies with the requirements of s. 1002.33(18), as
4075proportionate-share mitigation, the local government shall
4076credit such a contribution, construction, expansion, or payment
4077toward any other impact fee or exaction imposed by local
4078ordinance for the same need, on a dollar-for-dollar basis at
4079fair market value.
4080     c.3.  Any proportionate-share mitigation must be directed
4081by the school board toward a school capacity improvement
4082identified in the a financially feasible 5-year school board's
4083educational facilities district work plan that satisfies the
4084demands created by the development in accordance with a binding
4085developer's agreement.
4086     4.  If a development is precluded from commencing because
4087there is inadequate classroom capacity to mitigate the impacts
4088of the development, the development may nevertheless commence if
4089there are accelerated facilities in an approved capital
4090improvement element scheduled for construction in year four or
4091later of such plan which, when built, will mitigate the proposed
4092development, or if such accelerated facilities will be in the
4093next annual update of the capital facilities element, the
4094developer enters into a binding, financially guaranteed
4095agreement with the school district to construct an accelerated
4096facility within the first 3 years of an approved capital
4097improvement plan, and the cost of the school facility is equal
4098to or greater than the development's proportionate share. When
4099the completed school facility is conveyed to the school
4100district, the developer shall receive impact fee credits usable
4101within the zone where the facility is constructed or any
4102attendance zone contiguous with or adjacent to the zone where
4103the facility is constructed.
4104     3.5.  This paragraph does not limit the authority of a
4105local government to deny a development permit or its functional
4106equivalent pursuant to its home rule regulatory powers, except
4107as provided in this part.
4108     (i)(f)  Intergovernmental coordination.-
4109     1.  When establishing concurrency requirements for public
4110schools, a local government shall satisfy the requirements for
4111intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4112and 2., except that A municipality is not required to be a
4113signatory to the interlocal agreement required by paragraph (j)
4114ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4115imposition of school concurrency, and as a nonsignatory, may
4116shall not participate in the adopted local school concurrency
4117system, if the municipality meets all of the following criteria
4118for having no significant impact on school attendance:
4119     1.a.  The municipality has issued development orders for
4120fewer than 50 residential dwelling units during the preceding 5
4121years, or the municipality has generated fewer than 25
4122additional public school students during the preceding 5 years.
4123     2.b.  The municipality has not annexed new land during the
4124preceding 5 years in land use categories which permit
4125residential uses that will affect school attendance rates.
4126     3.c.  The municipality has no public schools located within
4127its boundaries.
4128     4.d.  At least 80 percent of the developable land within
4129the boundaries of the municipality has been built upon.
4130     2.  A municipality which qualifies as having no significant
4131impact on school attendance pursuant to the criteria of
4132subparagraph 1. must review and determine at the time of its
4133evaluation and appraisal report pursuant to s. 163.3191 whether
4134it continues to meet the criteria pursuant to s. 163.31777(6).
4135If the municipality determines that it no longer meets the
4136criteria, it must adopt appropriate school concurrency goals,
4137objectives, and policies in its plan amendments based on the
4138evaluation and appraisal report, and enter into the existing
4139interlocal agreement required by ss. 163.3177(6)(h)2. and
4140163.31777, in order to fully participate in the school
4141concurrency system. If such a municipality fails to do so, it
4142will be subject to the enforcement provisions of s. 163.3191.
4143     (j)(g)  Interlocal agreement for school concurrency.-When
4144establishing concurrency requirements for public schools, a
4145local government must enter into an interlocal agreement that
4146satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4147163.31777 and the requirements of this subsection. The
4148interlocal agreement shall acknowledge both the school board's
4149constitutional and statutory obligations to provide a uniform
4150system of free public schools on a countywide basis, and the
4151land use authority of local governments, including their
4152authority to approve or deny comprehensive plan amendments and
4153development orders. The interlocal agreement shall be submitted
4154to the state land planning agency by the local government as a
4155part of the compliance review, along with the other necessary
4156amendments to the comprehensive plan required by this part. In
4157addition to the requirements of ss. 163.3177(6)(h) and
4158163.31777, The interlocal agreement shall meet the following
4159requirements:
4160     1.  Establish the mechanisms for coordinating the
4161development, adoption, and amendment of each local government's
4162school concurrency related provisions of the comprehensive plan
4163public school facilities element with each other and the plans
4164of the school board to ensure a uniform districtwide school
4165concurrency system.
4166     2.  Establish a process for the development of siting
4167criteria which encourages the location of public schools
4168proximate to urban residential areas to the extent possible and
4169seeks to collocate schools with other public facilities such as
4170parks, libraries, and community centers to the extent possible.
4171     2.3.  Specify uniform, districtwide level-of-service
4172standards for public schools of the same type and the process
4173for modifying the adopted level-of-service standards.
4174     4.  Establish a process for the preparation, amendment, and
4175joint approval by each local government and the school board of
4176a public school capital facilities program which is financially
4177feasible, and a process and schedule for incorporation of the
4178public school capital facilities program into the local
4179government comprehensive plans on an annual basis.
4180     3.5.  Define the geographic application of school
4181concurrency. If school concurrency is to be applied on a less
4182than districtwide basis in the form of concurrency service
4183areas, the agreement shall establish criteria and standards for
4184the establishment and modification of school concurrency service
4185areas. The agreement shall also establish a process and schedule
4186for the mandatory incorporation of the school concurrency
4187service areas and the criteria and standards for establishment
4188of the service areas into the local government comprehensive
4189plans. The agreement shall ensure maximum utilization of school
4190capacity, taking into account transportation costs and court-
4191approved desegregation plans, as well as other factors. The
4192agreement shall also ensure the achievement and maintenance of
4193the adopted level-of-service standards for the geographic area
4194of application throughout the 5 years covered by the public
4195school capital facilities plan and thereafter by adding a new
4196fifth year during the annual update.
4197     4.6.  Establish a uniform districtwide procedure for
4198implementing school concurrency which provides for:
4199     a.  The evaluation of development applications for
4200compliance with school concurrency requirements, including
4201information provided by the school board on affected schools,
4202impact on levels of service, and programmed improvements for
4203affected schools and any options to provide sufficient capacity;
4204     b.  An opportunity for the school board to review and
4205comment on the effect of comprehensive plan amendments and
4206rezonings on the public school facilities plan; and
4207     c.  The monitoring and evaluation of the school concurrency
4208system.
4209     7.  Include provisions relating to amendment of the
4210agreement.
4211     5.8.  A process and uniform methodology for determining
4212proportionate-share mitigation pursuant to paragraph (h)
4213subparagraph (e)1.
4214     (k)(h)  Local government authority.-This subsection does
4215not limit the authority of a local government to grant or deny a
4216development permit or its functional equivalent prior to the
4217implementation of school concurrency.
4218     (14)  The state land planning agency shall, by October 1,
42191998, adopt by rule minimum criteria for the review and
4220determination of compliance of a public school facilities
4221element adopted by a local government for purposes of imposition
4222of school concurrency.
4223     (15)(a)  Multimodal transportation districts may be
4224established under a local government comprehensive plan in areas
4225delineated on the future land use map for which the local
4226comprehensive plan assigns secondary priority to vehicle
4227mobility and primary priority to assuring a safe, comfortable,
4228and attractive pedestrian environment, with convenient
4229interconnection to transit. Such districts must incorporate
4230community design features that will reduce the number of
4231automobile trips or vehicle miles of travel and will support an
4232integrated, multimodal transportation system. Prior to the
4233designation of multimodal transportation districts, the
4234Department of Transportation shall be consulted by the local
4235government to assess the impact that the proposed multimodal
4236district area is expected to have on the adopted level-of-
4237service standards established for Strategic Intermodal System
4238facilities, as defined in s. 339.64, and roadway facilities
4239funded in accordance with s. 339.2819. Further, the local
4240government shall, in cooperation with the Department of
4241Transportation, develop a plan to mitigate any impacts to the
4242Strategic Intermodal System, including the development of a
4243long-term concurrency management system pursuant to subsection
4244(9) and s. 163.3177(3)(d). Multimodal transportation districts
4245existing prior to July 1, 2005, shall meet, at a minimum, the
4246provisions of this section by July 1, 2006, or at the time of
4247the comprehensive plan update pursuant to the evaluation and
4248appraisal report, whichever occurs last.
4249     (b)  Community design elements of such a district include:
4250a complementary mix and range of land uses, including
4251educational, recreational, and cultural uses; interconnected
4252networks of streets designed to encourage walking and bicycling,
4253with traffic-calming where desirable; appropriate densities and
4254intensities of use within walking distance of transit stops;
4255daily activities within walking distance of residences, allowing
4256independence to persons who do not drive; public uses, streets,
4257and squares that are safe, comfortable, and attractive for the
4258pedestrian, with adjoining buildings open to the street and with
4259parking not interfering with pedestrian, transit, automobile,
4260and truck travel modes.
4261     (c)  Local governments may establish multimodal level-of-
4262service standards that rely primarily on nonvehicular modes of
4263transportation within the district, when justified by an
4264analysis demonstrating that the existing and planned community
4265design will provide an adequate level of mobility within the
4266district based upon professionally accepted multimodal level-of-
4267service methodologies. The analysis must also demonstrate that
4268the capital improvements required to promote community design
4269are financially feasible over the development or redevelopment
4270timeframe for the district and that community design features
4271within the district provide convenient interconnection for a
4272multimodal transportation system. Local governments may issue
4273development permits in reliance upon all planned community
4274design capital improvements that are financially feasible over
4275the development or redevelopment timeframe for the district,
4276without regard to the period of time between development or
4277redevelopment and the scheduled construction of the capital
4278improvements. A determination of financial feasibility shall be
4279based upon currently available funding or funding sources that
4280could reasonably be expected to become available over the
4281planning period.
4282     (d)  Local governments may reduce impact fees or local
4283access fees for development within multimodal transportation
4284districts based on the reduction of vehicle trips per household
4285or vehicle miles of travel expected from the development pattern
4286planned for the district.
4287     (16)  It is the intent of the Legislature to provide a
4288method by which the impacts of development on transportation
4289facilities can be mitigated by the cooperative efforts of the
4290public and private sectors. The methodology used to calculate
4291proportionate fair-share mitigation under this section shall be
4292as provided for in subsection (12).
4293     (a)  By December 1, 2006, each local government shall adopt
4294by ordinance a methodology for assessing proportionate fair-
4295share mitigation options. By December 1, 2005, the Department of
4296Transportation shall develop a model transportation concurrency
4297management ordinance with methodologies for assessing
4298proportionate fair-share mitigation options.
4299     (b)1.  In its transportation concurrency management system,
4300a local government shall, by December 1, 2006, include
4301methodologies that will be applied to calculate proportionate
4302fair-share mitigation. A developer may choose to satisfy all
4303transportation concurrency requirements by contributing or
4304paying proportionate fair-share mitigation if transportation
4305facilities or facility segments identified as mitigation for
4306traffic impacts are specifically identified for funding in the
43075-year schedule of capital improvements in the capital
4308improvements element of the local plan or the long-term
4309concurrency management system or if such contributions or
4310payments to such facilities or segments are reflected in the 5-
4311year schedule of capital improvements in the next regularly
4312scheduled update of the capital improvements element. Updates to
4313the 5-year capital improvements element which reflect
4314proportionate fair-share contributions may not be found not in
4315compliance based on ss. 163.3164(32) and 163.3177(3) if
4316additional contributions, payments or funding sources are
4317reasonably anticipated during a period not to exceed 10 years to
4318fully mitigate impacts on the transportation facilities.
4319     2.  Proportionate fair-share mitigation shall be applied as
4320a credit against impact fees to the extent that all or a portion
4321of the proportionate fair-share mitigation is used to address
4322the same capital infrastructure improvements contemplated by the
4323local government's impact fee ordinance.
4324     (c)  Proportionate fair-share mitigation includes, without
4325limitation, separately or collectively, private funds,
4326contributions of land, and construction and contribution of
4327facilities and may include public funds as determined by the
4328local government. Proportionate fair-share mitigation may be
4329directed toward one or more specific transportation improvements
4330reasonably related to the mobility demands created by the
4331development and such improvements may address one or more modes
4332of travel. The fair market value of the proportionate fair-share
4333mitigation shall not differ based on the form of mitigation. A
4334local government may not require a development to pay more than
4335its proportionate fair-share contribution regardless of the
4336method of mitigation. Proportionate fair-share mitigation shall
4337be limited to ensure that a development meeting the requirements
4338of this section mitigates its impact on the transportation
4339system but is not responsible for the additional cost of
4340reducing or eliminating backlogs.
4341     (d)  This subsection does not require a local government to
4342approve a development that is not otherwise qualified for
4343approval pursuant to the applicable local comprehensive plan and
4344land development regulations.
4345     (e)  Mitigation for development impacts to facilities on
4346the Strategic Intermodal System made pursuant to this subsection
4347requires the concurrence of the Department of Transportation.
4348     (f)  If the funds in an adopted 5-year capital improvements
4349element are insufficient to fully fund construction of a
4350transportation improvement required by the local government's
4351concurrency management system, a local government and a
4352developer may still enter into a binding proportionate-share
4353agreement authorizing the developer to construct that amount of
4354development on which the proportionate share is calculated if
4355the proportionate-share amount in such agreement is sufficient
4356to pay for one or more improvements which will, in the opinion
4357of the governmental entity or entities maintaining the
4358transportation facilities, significantly benefit the impacted
4359transportation system. The improvements funded by the
4360proportionate-share component must be adopted into the 5-year
4361capital improvements schedule of the comprehensive plan at the
4362next annual capital improvements element update. The funding of
4363any improvements that significantly benefit the impacted
4364transportation system satisfies concurrency requirements as a
4365mitigation of the development's impact upon the overall
4366transportation system even if there remains a failure of
4367concurrency on other impacted facilities.
4368     (g)  Except as provided in subparagraph (b)1., this section
4369may not prohibit the Department of Community Affairs from
4370finding other portions of the capital improvements element
4371amendments not in compliance as provided in this chapter.
4372     (h)  The provisions of this subsection do not apply to a
4373development of regional impact satisfying the requirements of
4374subsection (12).
4375     (i)  As used in this subsection, the term "backlog" means a
4376facility or facilities on which the adopted level-of-service
4377standard is exceeded by the existing trips, plus additional
4378projected background trips from any source other than the
4379development project under review that are forecast by
4380established traffic standards, including traffic modeling,
4381consistent with the University of Florida Bureau of Economic and
4382Business Research medium population projections. Additional
4383projected background trips are to be coincident with the
4384particular stage or phase of development under review.
4385     (17)  A local government and the developer of affordable
4386workforce housing units developed in accordance with s.
4387380.06(19) or s. 380.0651(3) may identify an employment center
4388or centers in close proximity to the affordable workforce
4389housing units. If at least 50 percent of the units are occupied
4390by an employee or employees of an identified employment center
4391or centers, all of the affordable workforce housing units are
4392exempt from transportation concurrency requirements, and the
4393local government may not reduce any transportation trip-
4394generation entitlements of an approved development-of-regional-
4395impact development order. As used in this subsection, the term
4396"close proximity" means 5 miles from the nearest point of the
4397development of regional impact to the nearest point of the
4398employment center, and the term "employment center" means a
4399place of employment that employs at least 25 or more full-time
4400employees.
4401     Section 16.  Section 163.3182, Florida Statutes, is amended
4402to read:
4403     163.3182  Transportation deficiencies concurrency
4404backlogs.-
4405     (1)  DEFINITIONS.-For purposes of this section, the term:
4406     (a)  "Transportation deficiency concurrency backlog area"
4407means the geographic area within the unincorporated portion of a
4408county or within the municipal boundary of a municipality
4409designated in a local government comprehensive plan for which a
4410transportation development concurrency backlog authority is
4411created pursuant to this section. A transportation deficiency
4412concurrency backlog area created within the corporate boundary
4413of a municipality shall be made pursuant to an interlocal
4414agreement between a county, a municipality or municipalities,
4415and any affected taxing authority or authorities.
4416     (b)  "Authority" or "transportation development concurrency
4417backlog authority" means the governing body of a county or
4418municipality within which an authority is created.
4419     (c)  "Governing body" means the council, commission, or
4420other legislative body charged with governing the county or
4421municipality within which an a transportation concurrency
4422backlog authority is created pursuant to this section.
4423     (d)  "Transportation deficiency concurrency backlog" means
4424an identified need deficiency where the existing and projected
4425extent of traffic volume exceeds the level of service standard
4426adopted in a local government comprehensive plan for a
4427transportation facility.
4428     (e)  "Transportation sufficiency concurrency backlog plan"
4429means the plan adopted as part of a local government
4430comprehensive plan by the governing body of a county or
4431municipality acting as a transportation development concurrency
4432backlog authority.
4433     (f)  "Transportation concurrency backlog project" means any
4434designated transportation project identified for construction
4435within the jurisdiction of a transportation development
4436concurrency backlog authority.
4437     (g)  "Debt service millage" means any millage levied
4438pursuant to s. 12, Art. VII of the State Constitution.
4439     (h)  "Increment revenue" means the amount calculated
4440pursuant to subsection (5).
4441     (i)  "Taxing authority" means a public body that levies or
4442is authorized to levy an ad valorem tax on real property located
4443within a transportation deficiency concurrency backlog area,
4444except a school district.
4445     (2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4446BACKLOG AUTHORITIES.-
4447     (a)  A county or municipality may create a transportation
4448development concurrency backlog authority if it has an
4449identified transportation deficiency concurrency backlog.
4450     (b)  Acting as the transportation development concurrency
4451backlog authority within the authority's jurisdictional
4452boundary, the governing body of a county or municipality shall
4453adopt and implement a plan to eliminate all identified
4454transportation deficiencies concurrency backlogs within the
4455authority's jurisdiction using funds provided pursuant to
4456subsection (5) and as otherwise provided pursuant to this
4457section.
4458     (c)  The Legislature finds and declares that there exist in
4459many counties and municipalities areas that have significant
4460transportation deficiencies and inadequate transportation
4461facilities; that many insufficiencies and inadequacies severely
4462limit or prohibit the satisfaction of transportation level of
4463service concurrency standards; that the transportation
4464insufficiencies and inadequacies affect the health, safety, and
4465welfare of the residents of these counties and municipalities;
4466that the transportation insufficiencies and inadequacies
4467adversely affect economic development and growth of the tax base
4468for the areas in which these insufficiencies and inadequacies
4469exist; and that the elimination of transportation deficiencies
4470and inadequacies and the satisfaction of transportation
4471concurrency standards are paramount public purposes for the
4472state and its counties and municipalities.
4473     (3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4474BACKLOG AUTHORITY.-Each transportation development concurrency
4475backlog authority created pursuant to this section has the
4476powers necessary or convenient to carry out the purposes of this
4477section, including the following powers in addition to others
4478granted in this section:
4479     (a)  To make and execute contracts and other instruments
4480necessary or convenient to the exercise of its powers under this
4481section.
4482     (b)  To undertake and carry out transportation concurrency
4483backlog projects for transportation facilities designed to
4484relieve transportation deficiencies that have a concurrency
4485backlog within the authority's jurisdiction. Transportation
4486Concurrency backlog projects may include transportation
4487facilities that provide for alternative modes of travel
4488including sidewalks, bikeways, and mass transit which are
4489related to a deficient backlogged transportation facility.
4490     (c)  To invest any transportation concurrency backlog funds
4491held in reserve, sinking funds, or any such funds not required
4492for immediate disbursement in property or securities in which
4493savings banks may legally invest funds subject to the control of
4494the authority and to redeem such bonds as have been issued
4495pursuant to this section at the redemption price established
4496therein, or to purchase such bonds at less than redemption
4497price. All such bonds redeemed or purchased shall be canceled.
4498     (d)  To borrow money, including, but not limited to,
4499issuing debt obligations such as, but not limited to, bonds,
4500notes, certificates, and similar debt instruments; to apply for
4501and accept advances, loans, grants, contributions, and any other
4502forms of financial assistance from the Federal Government or the
4503state, county, or any other public body or from any sources,
4504public or private, for the purposes of this part; to give such
4505security as may be required; to enter into and carry out
4506contracts or agreements; and to include in any contracts for
4507financial assistance with the Federal Government for or with
4508respect to a transportation concurrency backlog project and
4509related activities such conditions imposed under federal laws as
4510the transportation development concurrency backlog authority
4511considers reasonable and appropriate and which are not
4512inconsistent with the purposes of this section.
4513     (e)  To make or have made all surveys and plans necessary
4514to the carrying out of the purposes of this section; to contract
4515with any persons, public or private, in making and carrying out
4516such plans; and to adopt, approve, modify, or amend such
4517transportation sufficiency concurrency backlog plans.
4518     (f)  To appropriate such funds and make such expenditures
4519as are necessary to carry out the purposes of this section, and
4520to enter into agreements with other public bodies, which
4521agreements may extend over any period notwithstanding any
4522provision or rule of law to the contrary.
4523     (4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4524     (a)  Each transportation development concurrency backlog
4525authority shall adopt a transportation sufficiency concurrency
4526backlog plan as a part of the local government comprehensive
4527plan within 6 months after the creation of the authority. The
4528plan must:
4529     (a)1.  Identify all transportation facilities that have
4530been designated as deficient and require the expenditure of
4531moneys to upgrade, modify, or mitigate the deficiency.
4532     (b)2.  Include a priority listing of all transportation
4533facilities that have been designated as deficient and do not
4534satisfy concurrency requirements pursuant to s. 163.3180, and
4535the applicable local government comprehensive plan.
4536     (c)3.  Establish a schedule for financing and construction
4537of transportation concurrency backlog projects that will
4538eliminate transportation deficiencies concurrency backlogs
4539within the jurisdiction of the authority within 10 years after
4540the transportation sufficiency concurrency backlog plan
4541adoption. The schedule shall be adopted as part of the local
4542government comprehensive plan.
4543     (b)  The adoption of the transportation concurrency backlog
4544plan shall be exempt from the provisions of s. 163.3187(1).
4545
4546Notwithstanding such schedule requirements, as long as the
4547schedule provides for the elimination of all transportation
4548deficiencies concurrency backlogs within 10 years after the
4549adoption of the transportation sufficiency concurrency backlog
4550plan, the final maturity date of any debt incurred to finance or
4551refinance the related projects may be no later than 40 years
4552after the date the debt is incurred and the authority may
4553continue operations and administer the trust fund established as
4554provided in subsection (5) for as long as the debt remains
4555outstanding.
4556     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4557development concurrency backlog authority shall establish a
4558local transportation concurrency backlog trust fund upon
4559creation of the authority. Each local trust fund shall be
4560administered by the transportation development concurrency
4561backlog authority within which a transportation deficiencies
4562have concurrency backlog has been identified. Each local trust
4563fund must continue to be funded under this section for as long
4564as the projects set forth in the related transportation
4565sufficiency concurrency backlog plan remain to be completed or
4566until any debt incurred to finance or refinance the related
4567projects is no longer outstanding, whichever occurs later.
4568Beginning in the first fiscal year after the creation of the
4569authority, each local trust fund shall be funded by the proceeds
4570of an ad valorem tax increment collected within each
4571transportation deficiency concurrency backlog area to be
4572determined annually and shall be a minimum of 25 percent of the
4573difference between the amounts set forth in paragraphs (a) and
4574(b), except that if all of the affected taxing authorities agree
4575under an interlocal agreement, a particular local trust fund may
4576be funded by the proceeds of an ad valorem tax increment greater
4577than 25 percent of the difference between the amounts set forth
4578in paragraphs (a) and (b):
4579     (a)  The amount of ad valorem tax levied each year by each
4580taxing authority, exclusive of any amount from any debt service
4581millage, on taxable real property contained within the
4582jurisdiction of the transportation development concurrency
4583backlog authority and within the transportation deficiency
4584backlog area; and
4585     (b)  The amount of ad valorem taxes which would have been
4586produced by the rate upon which the tax is levied each year by
4587or for each taxing authority, exclusive of any debt service
4588millage, upon the total of the assessed value of the taxable
4589real property within the transportation deficiency concurrency
4590backlog area as shown on the most recent assessment roll used in
4591connection with the taxation of such property of each taxing
4592authority prior to the effective date of the ordinance funding
4593the trust fund.
4594     (6)  EXEMPTIONS.-
4595     (a)  The following public bodies or taxing authorities are
4596exempt from the provisions of this section:
4597     1.  A special district that levies ad valorem taxes on
4598taxable real property in more than one county.
4599     2.  A special district for which the sole available source
4600of revenue is the authority to levy ad valorem taxes at the time
4601an ordinance is adopted under this section. However, revenues or
4602aid that may be dispensed or appropriated to a district as
4603defined in s. 388.011 at the discretion of an entity other than
4604such district are shall not be deemed available.
4605     3.  A library district.
4606     4.  A neighborhood improvement district created under the
4607Safe Neighborhoods Act.
4608     5.  A metropolitan transportation authority.
4609     6.  A water management district created under s. 373.069.
4610     7.  A community redevelopment agency.
4611     (b)  A transportation development concurrency exemption
4612authority may also exempt from this section a special district
4613that levies ad valorem taxes within the transportation
4614deficiency concurrency backlog area pursuant to s.
4615163.387(2)(d).
4616     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4617of a transportation sufficiency concurrency backlog plan as a
4618part of the local government comprehensive plan, and the plan
4619going into effect, the area subject to the plan shall be deemed
4620to have achieved and maintained transportation level-of-service
4621standards, and to have met requirements for financial
4622feasibility for transportation facilities, and for the purpose
4623of proposed development transportation concurrency has been
4624satisfied. Proportionate fair-share mitigation shall be limited
4625to ensure that a development inside a transportation deficiency
4626concurrency backlog area is not responsible for the additional
4627costs of eliminating deficiencies backlogs.
4628     (8)  DISSOLUTION.-Upon completion of all transportation
4629concurrency backlog projects identified in the transportation
4630sufficiency plan and repayment or defeasance of all debt issued
4631to finance or refinance such projects, a transportation
4632development concurrency backlog authority shall be dissolved,
4633and its assets and liabilities transferred to the county or
4634municipality within which the authority is located. All
4635remaining assets of the authority must be used for
4636implementation of transportation projects within the
4637jurisdiction of the authority. The local government
4638comprehensive plan shall be amended to remove the transportation
4639concurrency backlog plan.
4640     Section 17.  Section 163.3184, Florida Statutes, is amended
4641to read:
4642     163.3184  Process for adoption of comprehensive plan or
4643plan amendment.-
4644     (1)  DEFINITIONS.-As used in this section, the term:
4645     (a)  "Affected person" includes the affected local
4646government; persons owning property, residing, or owning or
4647operating a business within the boundaries of the local
4648government whose plan is the subject of the review; owners of
4649real property abutting real property that is the subject of a
4650proposed change to a future land use map; and adjoining local
4651governments that can demonstrate that the plan or plan amendment
4652will produce substantial impacts on the increased need for
4653publicly funded infrastructure or substantial impacts on areas
4654designated for protection or special treatment within their
4655jurisdiction. Each person, other than an adjoining local
4656government, in order to qualify under this definition, shall
4657also have submitted oral or written comments, recommendations,
4658or objections to the local government during the period of time
4659beginning with the transmittal hearing for the plan or plan
4660amendment and ending with the adoption of the plan or plan
4661amendment.
4662     (b)  "In compliance" means consistent with the requirements
4663of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4664163.3248 with the state comprehensive plan, with the appropriate
4665strategic regional policy plan, and with chapter 9J-5, Florida
4666Administrative Code, where such rule is not inconsistent with
4667this part and with the principles for guiding development in
4668designated areas of critical state concern and with part III of
4669chapter 369, where applicable.
4670     (c)  "Reviewing agencies" means:
4671     1.  The state land planning agency;
4672     2.  The appropriate regional planning council;
4673     3.  The appropriate water management district;
4674     4.  The Department of Environmental Protection;
4675     5.  The Department of State;
4676     6.  The Department of Transportation;
4677     7.  In the case of plan amendments relating to public
4678schools, the Department of Education;
4679     8.  In the case of plans or plan amendments that affect a
4680military installation listed in s. 163.3175, the commanding
4681officer of the affected military installation;  
4682     9.  In the case of county plans and plan amendments, the
4683Fish and Wildlife Conservation Commission and the Department of
4684Agriculture and Consumer Services; and
4685     10.  In the case of municipal plans and plan amendments,
4686the county in which the municipality is located.
4687     (2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4688     (a)  Plan amendments adopted by local governments shall
4689follow the expedited state review process in subsection (3),
4690except as set forth in paragraphs (b) and (c).
4691     (b)  Plan amendments that qualify as small-scale
4692development amendments may follow the small-scale review process
4693in s. 163.3187.
4694     (c)  Plan amendments that are in an area of critical state
4695concern designated pursuant to s. 380.05; propose a rural land
4696stewardship area pursuant to s. 163.3248; propose a sector plan
4697pursuant to s. 163.3245; update a comprehensive plan based on an
4698evaluation and appraisal pursuant to s. 163.3191; or are new
4699plans for newly incorporated municipalities adopted pursuant to
4700s. 163.3167 shall follow the state coordinated review process in
4701subsection (4).
4702     (3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4703COMPREHENSIVE PLAN AMENDMENTS.-
4704     (a)  The process for amending a comprehensive plan
4705described in this subsection shall apply to all amendments
4706except as provided in paragraphs (2)(b) and (c) and shall be
4707applicable statewide.
4708     (b)1.  The local government, after the initial public
4709hearing held pursuant to subsection (11), shall immediately
4710transmit the amendment or amendments and appropriate supporting
4711data and analyses to the reviewing agencies. The local governing
4712body shall also transmit a copy of the amendments and supporting
4713data and analyses to any other local government or governmental
4714agency that has filed a written request with the governing body.
4715     2.  The reviewing agencies and any other local government
4716or governmental agency specified in subparagraph 1. may provide
4717comments regarding the amendment or amendments to the local
4718government. State agencies shall only comment on important state
4719resources and facilities that will be adversely impacted by the
4720amendment if adopted. Comments provided by state agencies shall
4721state with specificity how the plan amendment will adversely
4722impact an important state resource or facility and shall
4723identify measures the local government may take to eliminate,
4724reduce, or mitigate the adverse impacts. Such comments, if not
4725resolved, may result in a challenge by the state land planning
4726agency to the plan amendment. Agencies and local governments
4727must transmit their comments to the affected local government
4728such that they are received by the local government not later
4729than 30 days from the date on which the agency or government
4730received the amendment or amendments. Reviewing agencies shall
4731also send a copy of their comments to the state land planning
4732agency.
4733     3.  Comments to the local government from a regional
4734planning council, county, or municipality shall be limited as
4735follows:
4736     a.  The regional planning council review and comments shall
4737be limited to adverse effects on regional resources or
4738facilities identified in the strategic regional policy plan and
4739extrajurisdictional impacts that would be inconsistent with the
4740comprehensive plan of any affected local government within the
4741region. A regional planning council may not review and comment
4742on a proposed comprehensive plan amendment prepared by such
4743council unless the plan amendment has been changed by the local
4744government subsequent to the preparation of the plan amendment
4745by the regional planning council.
4746     b.  County comments shall be in the context of the
4747relationship and effect of the proposed plan amendments on the
4748county plan.
4749     c.  Municipal comments shall be in the context of the
4750relationship and effect of the proposed plan amendments on the
4751municipal plan.
4752     d. Military installation comments shall be provided in
4753accordance with s. 163.3175.
4754     4.  Comments to the local government from state agencies
4755shall be limited to the following subjects as they relate to
4756important state resources and facilities that will be adversely
4757impacted by the amendment if adopted:
4758     a.  The Department of Environmental Protection shall limit
4759its comments to the subjects of air and water pollution;
4760wetlands and other surface waters of the state; federal and
4761state-owned lands and interest in lands, including state parks,
4762greenways and trails, and conservation easements; solid waste;
4763water and wastewater treatment; and the Everglades ecosystem
4764restoration.
4765     b.  The Department of State shall limit its comments to the
4766subjects of historic and archeological resources.
4767     c.  The Department of Transportation shall limit its
4768comments to the subject of the strategic intermodal system.
4769     d.  The Fish and Wildlife Conservation Commission shall
4770limit its comments to subjects relating to fish and wildlife
4771habitat and listed species and their habitat.
4772     e.  The Department of Agriculture and Consumer Services
4773shall limit its comments to the subjects of agriculture,
4774forestry, and aquaculture issues.
4775     f.  The Department of Education shall limit its comments to
4776the subject of public school facilities.
4777     g.  The appropriate water management district shall limit
4778its comments to flood protection and floodplain management,
4779wetlands and other surface waters, and regional water supply.
4780     h.  The state land planning agency shall limit its comments
4781to important state resources and facilities outside the
4782jurisdiction of other commenting state agencies and may include
4783comments on countervailing planning policies and objectives
4784served by the plan amendment that should be balanced against
4785potential adverse impacts to important state resources and
4786facilities.
4787     (c)1.  The local government shall hold its second public
4788hearing, which shall be a hearing on whether to adopt one or
4789more comprehensive plan amendments pursuant to subsection (11).
4790If the local government fails, within 180 days after receipt of
4791agency comments, to hold the second public hearing, the
4792amendments shall be deemed withdrawn unless extended by
4793agreement with notice to the state land planning agency and any
4794affected person that provided comments on the amendment. The
4795180-day limitation does not apply to amendments processed
4796pursuant to s. 380.06.
4797     2.  All comprehensive plan amendments adopted by the
4798governing body, along with the supporting data and analysis,
4799shall be transmitted within 10 days after the second public
4800hearing to the state land planning agency and any other agency
4801or local government that provided timely comments under
4802subparagraph (b)2.
4803     3.  The state land planning agency shall notify the local
4804government of any deficiencies within 5 working days after
4805receipt of an amendment package. For purposes of completeness,
4806an amendment shall be deemed complete if it contains a full,
4807executed copy of the adoption ordinance or ordinances; in the
4808case of a text amendment, a full copy of the amended language in
4809legislative format with new words inserted in the text
4810underlined, and words deleted stricken with hyphens; in the case
4811of a future land use map amendment, a copy of the future land
4812use map clearly depicting the parcel, its existing future land
4813use designation, and its adopted designation; and a copy of any
4814data and analyses the local government deems appropriate.
4815     4.  An amendment adopted under this paragraph does not
4816become effective until 31 days after the state land planning
4817agency notifies the local government that the plan amendment
4818package is complete. Amendments listed in paragraph (2)(c) and
4819subject to the state coordinated review process go into effect
4820pursuant to the state land planning agency's notice of intent.
4821If timely challenged, an amendment does not become effective
4822until the state land planning agency or the Administration
4823Commission enters a final order determining the adopted
4824amendment to be in compliance.
4825     (4)  STATE COORDINATED REVIEW PROCESS.-
4826     (a)(2)  Coordination.-The state land planning agency shall
4827only use the state coordinated review process described in this
4828subsection for review of comprehensive plans and plan amendments
4829described in paragraph (2)(c). Each comprehensive plan or plan
4830amendment proposed to be adopted pursuant to this subsection
4831part shall be transmitted, adopted, and reviewed in the manner
4832prescribed in this subsection section. The state land planning
4833agency shall have responsibility for plan review, coordination,
4834and the preparation and transmission of comments, pursuant to
4835this subsection section, to the local governing body responsible
4836for the comprehensive plan or plan amendment. The state land
4837planning agency shall maintain a single file concerning any
4838proposed or adopted plan amendment submitted by a local
4839government for any review under this section. Copies of all
4840correspondence, papers, notes, memoranda, and other documents
4841received or generated by the state land planning agency must be
4842placed in the appropriate file. Paper copies of all electronic
4843mail correspondence must be placed in the file. The file and its
4844contents must be available for public inspection and copying as
4845provided in chapter 119.
4846     (b)(3)  Local government transmittal of proposed plan or
4847amendment.-
4848     (a)  Each local governing body proposing a plan or plan
4849amendment specified in paragraph (2)(c) shall transmit the
4850complete proposed comprehensive plan or plan amendment to the
4851reviewing agencies state land planning agency, the appropriate
4852regional planning council and water management district, the
4853Department of Environmental Protection, the Department of State,
4854and the Department of Transportation, and, in the case of
4855municipal plans, to the appropriate county, and, in the case of
4856county plans, to the Fish and Wildlife Conservation Commission
4857and the Department of Agriculture and Consumer Services,
4858immediately following the first a public hearing pursuant to
4859subsection (11). The transmitted document shall clearly indicate
4860on the cover sheet that this plan amendment is subject to the
4861state coordinated review process of s. 163.3184(4)(15) as
4862specified in the state land planning agency's procedural rules.
4863The local governing body shall also transmit a copy of the
4864complete proposed comprehensive plan or plan amendment to any
4865other unit of local government or government agency in the state
4866that has filed a written request with the governing body for the
4867plan or plan amendment. The local government may request a
4868review by the state land planning agency pursuant to subsection
4869(6) at the time of the transmittal of an amendment.
4870     (b)  A local governing body shall not transmit portions of
4871a plan or plan amendment unless it has previously provided to
4872all state agencies designated by the state land planning agency
4873a complete copy of its adopted comprehensive plan pursuant to
4874subsection (7) and as specified in the agency's procedural
4875rules. In the case of comprehensive plan amendments, the local
4876governing body shall transmit to the state land planning agency,
4877the appropriate regional planning council and water management
4878district, the Department of Environmental Protection, the
4879Department of State, and the Department of Transportation, and,
4880in the case of municipal plans, to the appropriate county and,
4881in the case of county plans, to the Fish and Wildlife
4882Conservation Commission and the Department of Agriculture and
4883Consumer Services the materials specified in the state land
4884planning agency's procedural rules and, in cases in which the
4885plan amendment is a result of an evaluation and appraisal report
4886adopted pursuant to s. 163.3191, a copy of the evaluation and
4887appraisal report. Local governing bodies shall consolidate all
4888proposed plan amendments into a single submission for each of
4889the two plan amendment adoption dates during the calendar year
4890pursuant to s. 163.3187.
4891     (c)  A local government may adopt a proposed plan amendment
4892previously transmitted pursuant to this subsection, unless
4893review is requested or otherwise initiated pursuant to
4894subsection (6).
4895     (d)  In cases in which a local government transmits
4896multiple individual amendments that can be clearly and legally
4897separated and distinguished for the purpose of determining
4898whether to review the proposed amendment, and the state land
4899planning agency elects to review several or a portion of the
4900amendments and the local government chooses to immediately adopt
4901the remaining amendments not reviewed, the amendments
4902immediately adopted and any reviewed amendments that the local
4903government subsequently adopts together constitute one amendment
4904cycle in accordance with s. 163.3187(1).
4905     (e)  At the request of an applicant, a local government
4906shall consider an application for zoning changes that would be
4907required to properly enact the provisions of any proposed plan
4908amendment transmitted pursuant to this subsection. Zoning
4909changes approved by the local government are contingent upon the
4910comprehensive plan or plan amendment transmitted becoming
4911effective.
4912     (c)(4)  Reviewing agency comments INTERGOVERNMENTAL
4913REVIEW.-The governmental agencies specified in paragraph (b) may
4914paragraph (3)(a) shall provide comments regarding the plan or
4915plan amendments in accordance with subparagraphs (3)(b)2.-4.
4916However, comments on plans or plan amendments required to be
4917reviewed under the state coordinated review process shall be
4918sent to the state land planning agency within 30 days after
4919receipt by the state land planning agency of the complete
4920proposed plan or plan amendment from the local government. If
4921the state land planning agency comments on a plan or plan
4922amendment adopted under the state coordinated review process, it
4923shall provide comments according to paragraph (d). Any other
4924unit of local government or government agency specified in
4925paragraph (b) may provide comments to the state land planning
4926agency in accordance with subparagraphs (3)(b)2.-4. within 30
4927days after receipt by the state land planning agency of the
4928complete proposed plan or plan amendment. If the plan or plan
4929amendment includes or relates to the public school facilities
4930element pursuant to s. 163.3177(12), the state land planning
4931agency shall submit a copy to the Office of Educational
4932Facilities of the Commissioner of Education for review and
4933comment. The appropriate regional planning council shall also
4934provide its written comments to the state land planning agency
4935within 30 days after receipt by the state land planning agency
4936of the complete proposed plan amendment and shall specify any
4937objections, recommendations for modifications, and comments of
4938any other regional agencies to which the regional planning
4939council may have referred the proposed plan amendment. Written
4940comments submitted by the public shall be sent directly to the
4941local government within 30 days after notice of transmittal by
4942the local government of the proposed plan amendment will be
4943considered as if submitted by governmental agencies. All written
4944agency and public comments must be made part of the file
4945maintained under subsection (2).
4946     (5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
4947the regional planning council pursuant to subsection (4) shall
4948be limited to effects on regional resources or facilities
4949identified in the strategic regional policy plan and
4950extrajurisdictional impacts which would be inconsistent with the
4951comprehensive plan of the affected local government. However,
4952any inconsistency between a local plan or plan amendment and a
4953strategic regional policy plan must not be the sole basis for a
4954notice of intent to find a local plan or plan amendment not in
4955compliance with this act. A regional planning council shall not
4956review and comment on a proposed comprehensive plan it prepared
4957itself unless the plan has been changed by the local government
4958subsequent to the preparation of the plan by the regional
4959planning agency. The review of the county land planning agency
4960pursuant to subsection (4) shall be primarily in the context of
4961the relationship and effect of the proposed plan amendment on
4962any county comprehensive plan element. Any review by
4963municipalities will be primarily in the context of the
4964relationship and effect on the municipal plan.
4965     (d)(6)  State land planning agency review.-
4966     (a)  The state land planning agency shall review a proposed
4967plan amendment upon request of a regional planning council,
4968affected person, or local government transmitting the plan
4969amendment. The request from the regional planning council or
4970affected person must be received within 30 days after
4971transmittal of the proposed plan amendment pursuant to
4972subsection (3). A regional planning council or affected person
4973requesting a review shall do so by submitting a written request
4974to the agency with a notice of the request to the local
4975government and any other person who has requested notice.
4976     (b)  The state land planning agency may review any proposed
4977plan amendment regardless of whether a request for review has
4978been made, if the agency gives notice to the local government,
4979and any other person who has requested notice, of its intention
4980to conduct such a review within 35 days after receipt of the
4981complete proposed plan amendment.
4982     1.(c)  The state land planning agency shall establish by
4983rule a schedule for receipt of comments from the various
4984government agencies, as well as written public comments,
4985pursuant to subsection (4). If the state land planning agency
4986elects to review a plan or plan the amendment or the agency is
4987required to review the amendment as specified in paragraph
4988(2)(c)(a), the agency shall issue a report giving its
4989objections, recommendations, and comments regarding the proposed
4990plan or plan amendment within 60 days after receipt of the
4991complete proposed plan or plan amendment by the state land
4992planning agency. Notwithstanding the limitation on comments in
4993sub-subparagraph (3)(b)4.g., the state land planning agency may
4994make objections, recommendations, and comments in its report
4995regarding whether the plan or plan amendment is in compliance
4996and whether the plan or plan amendment will adversely impact
4997important state resources and facilities. Any objection
4998regarding an important state resource or facility that will be
4999adversely impacted by the adopted plan or plan amendment shall
5000also state with specificity how the plan or plan amendment will
5001adversely impact the important state resource or facility and
5002shall identify measures the local government may take to
5003eliminate, reduce, or mitigate the adverse impacts. When a
5004federal, state, or regional agency has implemented a permitting
5005program, the state land planning agency shall not require a
5006local government is not required to duplicate or exceed that
5007permitting program in its comprehensive plan or to implement
5008such a permitting program in its land development regulations.
5009This subparagraph does not Nothing contained herein shall
5010prohibit the state land planning agency in conducting its review
5011of local plans or plan amendments from making objections,
5012recommendations, and comments or making compliance
5013determinations regarding densities and intensities consistent
5014with the provisions of this part. In preparing its comments, the
5015state land planning agency shall only base its considerations on
5016written, and not oral, comments, from any source.
5017     2.(d)  The state land planning agency review shall identify
5018all written communications with the agency regarding the
5019proposed plan amendment. If the state land planning agency does
5020not issue such a review, it shall identify in writing to the
5021local government all written communications received 30 days
5022after transmittal. The written identification must include a
5023list of all documents received or generated by the agency, which
5024list must be of sufficient specificity to enable the documents
5025to be identified and copies requested, if desired, and the name
5026of the person to be contacted to request copies of any
5027identified document. The list of documents must be made a part
5028of the public records of the state land planning agency.
5029     (e)(7)  Local government review of comments; adoption of
5030plan or amendments and transmittal.-
5031     (a)  The local government shall review the report written
5032comments submitted to it by the state land planning agency, if
5033any, and written comments submitted to it by any other person,
5034agency, or government. Any comments, recommendations, or
5035objections and any reply to them shall be public documents, a
5036part of the permanent record in the matter, and admissible in
5037any proceeding in which the comprehensive plan or plan amendment
5038may be at issue. The local government, upon receipt of the
5039report written comments from the state land planning agency,
5040shall follow the process in paragraph (3)(c) for the adoption of
5041its plan or plan amendment. After the state land planning agency
5042makes a determination of completeness pursuant to subparagraph
5043(3)(c)3. regarding the adopted plan or plan amendment, the state
5044land planning agency shall have 45 days to determine if the plan
5045or plan amendment is in compliance with this act. Unless the
5046plan or plan amendment is substantially changed from the one
5047commented on, the state land planning agency's compliance
5048determination shall be limited to objections raised in the
5049objections, recommendation, and comments report. During the time
5050period provided for in this subsection, the state land planning
5051agency shall issue, through a senior administrator or the
5052secretary, a notice of intent to find that the plan or plan
5053amendment is in compliance or not in compliance. The state land
5054planning agency shall post a copy of the notice of intent on the
5055agency's Internet site. Publication by the state land planning
5056agency of the notice of intent on the state land planning
5057agency's Internet site shall be prima facie evidence of
5058compliance with the publication requirements of this section.
5059     (5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5060AMENDMENTS.-
5061     (a)  Any affected person as defined in paragraph (1)(a) may
5062file a petition with the Division of Administrative Hearings
5063pursuant to ss. 120.569 and 120.57, with a copy served on the
5064affected local government, to request a formal hearing to
5065challenge whether the plan or plan amendments are in compliance
5066as defined in paragraph (1)(b). This petition must be filed with
5067the division within 30 days after the local government adopts
5068the amendment. The state land planning agency may not intervene
5069in a proceeding initiated by an affected person.
5070     (b)  The state land planning agency may file a petition
5071with the Division of Administrative Hearings pursuant to ss.
5072120.569 and 120.57, with a copy served on the affected local
5073government, to request a formal hearing to challenge whether the
5074plan or plan amendment is in compliance as defined in paragraph
5075(1)(b). The state land planning agency's petition must clearly
5076state the reasons for the challenge. This petition must be filed
5077with the division within 30 days after the state land planning
5078agency notifies the local government that the plan amendment
5079package is complete according to subparagraph (3)(c)3.
5080     1.  The state land planning agency's challenge to plan
5081amendments adopted under the expedited state review process
5082shall be limited to the comments provided by the reviewing
5083agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5084determination by the state land planning agency that an
5085important state resource or facility will be adversely impacted
5086by the adopted plan amendment. The state land planning agency's
5087petition shall state with specificity how the plan amendment
5088will adversely impact the important state resource or facility.
5089The state land planning agency may challenge a plan amendment
5090that has substantially changed from the version on which the
5091agencies provided comments but only upon a determination by the
5092state land planning agency that an important state resource or
5093facility will be adversely impacted.
5094     2.  If the state land planning agency issues a notice of
5095intent to find the comprehensive plan or plan amendment not in
5096compliance with this act, the notice of intent shall be
5097forwarded to the Division of Administrative Hearings of the
5098Department of Management Services, which shall conduct a
5099proceeding under ss. 120.569 and 120.57 in the county of and
5100convenient to the affected local jurisdiction. The parties to
5101the proceeding shall be the state land planning agency, the
5102affected local government, and any affected person who
5103intervenes. No new issue may be alleged as a reason to find a
5104plan or plan amendment not in compliance in an administrative
5105pleading filed more than 21 days after publication of notice
5106unless the party seeking that issue establishes good cause for
5107not alleging the issue within that time period. Good cause does
5108not include excusable neglect.
5109     (c)  An administrative law judge shall hold a hearing in
5110the affected local jurisdiction on whether the plan or plan
5111amendment is in compliance.
5112     1.  In challenges filed by an affected person, the
5113comprehensive plan or plan amendment shall be determined to be
5114in compliance if the local government's determination of
5115compliance is fairly debatable.
5116     2.a.  In challenges filed by the state land planning
5117agency, the local government's determination that the
5118comprehensive plan or plan amendment is in compliance is
5119presumed to be correct, and the local government's determination
5120shall be sustained unless it is shown by a preponderance of the
5121evidence that the comprehensive plan or plan amendment is not in
5122compliance.
5123     b.  In challenges filed by the state land planning agency,
5124the local government's determination that elements of its plan
5125are related to and consistent with each other shall be sustained
5126if the determination is fairly debatable.
5127     3.  In challenges filed by the state land planning agency
5128that require a determination by the agency that an important
5129state resource or facility will be adversely impacted by the
5130adopted plan or plan amendment, the local government may contest
5131the agency's determination of an important state resource or
5132facility. The state land planning agency shall prove its
5133determination by clear and convincing evidence.
5134     (d)  If the administrative law judge recommends that the
5135amendment be found not in compliance, the judge shall submit the
5136recommended order to the Administration Commission for final
5137agency action. The Administration Commission shall enter a final
5138order within 45 days after its receipt of the recommended order.
5139     (e)  If the administrative law judge recommends that the
5140amendment be found in compliance, the judge shall submit the
5141recommended order to the state land planning agency.
5142     1.  If the state land planning agency determines that the
5143plan amendment should be found not in compliance, the agency
5144shall refer, within 30 days after receipt of the recommended
5145order, the recommended order and its determination to the
5146Administration Commission for final agency action.
5147     2.  If the state land planning agency determines that the
5148plan amendment should be found in compliance, the agency shall
5149enter its final order not later than 30 days after receipt of
5150the recommended order.
5151     (f)  Parties to a proceeding under this subsection may
5152enter into compliance agreements using the process in subsection
5153(6).
5154     (6)  COMPLIANCE AGREEMENT.-
5155     (a)  At any time after the filing of a challenge, the state
5156land planning agency and the local government may voluntarily
5157enter into a compliance agreement to resolve one or more of the
5158issues raised in the proceedings. Affected persons who have
5159initiated a formal proceeding or have intervened in a formal
5160proceeding may also enter into a compliance agreement with the
5161local government. All parties granted intervenor status shall be
5162provided reasonable notice of the commencement of a compliance
5163agreement negotiation process and a reasonable opportunity to
5164participate in such negotiation process. Negotiation meetings
5165with local governments or intervenors shall be open to the
5166public. The state land planning agency shall provide each party
5167granted intervenor status with a copy of the compliance
5168agreement within 10 days after the agreement is executed. The
5169compliance agreement shall list each portion of the plan or plan
5170amendment that has been challenged, and shall specify remedial
5171actions that the local government has agreed to complete within
5172a specified time in order to resolve the challenge, including
5173adoption of all necessary plan amendments. The compliance
5174agreement may also establish monitoring requirements and
5175incentives to ensure that the conditions of the compliance
5176agreement are met.
5177     (b)  Upon the filing of a compliance agreement executed by
5178the parties to a challenge and the local government with the
5179Division of Administrative Hearings, any administrative
5180proceeding under ss. 120.569 and 120.57 regarding the plan or
5181plan amendment covered by the compliance agreement shall be
5182stayed.
5183     (c)  Before its execution of a compliance agreement, the
5184local government must approve the compliance agreement at a
5185public hearing advertised at least 10 days before the public
5186hearing in a newspaper of general circulation in the area in
5187accordance with the advertisement requirements of chapter 125 or
5188chapter 166, as applicable.
5189     (d)  The local government shall hold a single public
5190hearing for adopting remedial amendments.
5191     (e)  For challenges to amendments adopted under the
5192expedited review process, if the local government adopts a
5193comprehensive plan amendment pursuant to a compliance agreement,
5194an affected person or the state land planning agency may file a
5195revised challenge with the Division of Administrative Hearings
5196within 15 days after the adoption of the remedial amendment.
5197     (f)  For challenges to amendments adopted under the state
5198coordinated process, the state land planning agency, upon
5199receipt of a plan or plan amendment adopted pursuant to a
5200compliance agreement, shall issue a cumulative notice of intent
5201addressing both the remedial amendment and the plan or plan
5202amendment that was the subject of the agreement.
5203     1.  If the local government adopts a comprehensive plan or
5204plan amendment pursuant to a compliance agreement and a notice
5205of intent to find the plan amendment in compliance is issued,
5206the state land planning agency shall forward the notice of
5207intent to the Division of Administrative Hearings and the
5208administrative law judge shall realign the parties in the
5209pending proceeding under ss. 120.569 and 120.57, which shall
5210thereafter be governed by the process contained in paragraph
5211(5)(a) and subparagraph (5)(c)1., including provisions relating
5212to challenges by an affected person, burden of proof, and issues
5213of a recommended order and a final order. Parties to the
5214original proceeding at the time of realignment may continue as
5215parties without being required to file additional pleadings to
5216initiate a proceeding, but may timely amend their pleadings to
5217raise any challenge to the amendment that is the subject of the
5218cumulative notice of intent, and must otherwise conform to the
5219rules of procedure of the Division of Administrative Hearings.
5220Any affected person not a party to the realigned proceeding may
5221challenge the plan amendment that is the subject of the
5222cumulative notice of intent by filing a petition with the agency
5223as provided in subsection (5). The agency shall forward the
5224petition filed by the affected person not a party to the
5225realigned proceeding to the Division of Administrative Hearings
5226for consolidation with the realigned proceeding. If the
5227cumulative notice of intent is not challenged, the state land
5228planning agency shall request that the Division of
5229Administrative Hearings relinquish jurisdiction to the state
5230land planning agency for issuance of a final order.
5231     2.  If the local government adopts a comprehensive plan
5232amendment pursuant to a compliance agreement and a notice of
5233intent is issued that finds the plan amendment not in
5234compliance, the state land planning agency shall forward the
5235notice of intent to the Division of Administrative Hearings,
5236which shall consolidate the proceeding with the pending
5237proceeding and immediately set a date for a hearing in the
5238pending proceeding under ss. 120.569 and 120.57. Affected
5239persons who are not a party to the underlying proceeding under
5240ss. 120.569 and 120.57 may challenge the plan amendment adopted
5241pursuant to the compliance agreement by filing a petition
5242pursuant to paragraph (5)(a).
5243     (g)  This subsection does not prohibit a local government
5244from amending portions of its comprehensive plan other than
5245those that are the subject of a challenge. However, such
5246amendments to the plan may not be inconsistent with the
5247compliance agreement.
5248     (h)  This subsection does not require settlement by any
5249party against its will or preclude the use of other informal
5250dispute resolution methods in the course of or in addition to
5251the method described in this subsection.
5252     (7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5253     (a)  At any time after the matter has been forwarded to the
5254Division of Administrative Hearings, the local government
5255proposing the amendment may demand formal mediation or the local
5256government proposing the amendment or an affected person who is
5257a party to the proceeding may demand informal mediation or
5258expeditious resolution of the amendment proceedings by serving
5259written notice on the state land planning agency if a party to
5260the proceeding, all other parties to the proceeding, and the
5261administrative law judge.
5262     (b)  Upon receipt of a notice pursuant to paragraph (a),
5263the administrative law judge shall set the matter for final
5264hearing no more than 30 days after receipt of the notice. Once a
5265final hearing has been set, no continuance in the hearing, and
5266no additional time for post-hearing submittals, may be granted
5267without the written agreement of the parties absent a finding by
5268the administrative law judge of extraordinary circumstances.
5269Extraordinary circumstances do not include matters relating to
5270workload or need for additional time for preparation,
5271negotiation, or mediation.
5272     (c)  Absent a showing of extraordinary circumstances, the
5273administrative law judge shall issue a recommended order, in a
5274case proceeding under subsection (5), within 30 days after
5275filing of the transcript, unless the parties agree in writing to
5276a longer time.
5277     (d)  Absent a showing of extraordinary circumstances, the
5278Administration Commission shall issue a final order, in a case
5279proceeding under subsection (5), within 45 days after the
5280issuance of the recommended order, unless the parties agree in
5281writing to a longer time. have 120 days to adopt or adopt with
5282changes the proposed comprehensive plan or s. 163.3191 plan
5283amendments. In the case of comprehensive plan amendments other
5284than those proposed pursuant to s. 163.3191, the local
5285government shall have 60 days to adopt the amendment, adopt the
5286amendment with changes, or determine that it will not adopt the
5287amendment. The adoption of the proposed plan or plan amendment
5288or the determination not to adopt a plan amendment, other than a
5289plan amendment proposed pursuant to s. 163.3191, shall be made
5290in the course of a public hearing pursuant to subsection (15).
5291The local government shall transmit the complete adopted
5292comprehensive plan or plan amendment, including the names and
5293addresses of persons compiled pursuant to paragraph (15)(c), to
5294the state land planning agency as specified in the agency's
5295procedural rules within 10 working days after adoption. The
5296local governing body shall also transmit a copy of the adopted
5297comprehensive plan or plan amendment to the regional planning
5298agency and to any other unit of local government or governmental
5299agency in the state that has filed a written request with the
5300governing body for a copy of the plan or plan amendment.
5301     (b)  If the adopted plan amendment is unchanged from the
5302proposed plan amendment transmitted pursuant to subsection (3)
5303and an affected person as defined in paragraph (1)(a) did not
5304raise any objection, the state land planning agency did not
5305review the proposed plan amendment, and the state land planning
5306agency did not raise any objections during its review pursuant
5307to subsection (6), the local government may state in the
5308transmittal letter that the plan amendment is unchanged and was
5309not the subject of objections.
5310     (8)  NOTICE OF INTENT.-
5311     (a)  If the transmittal letter correctly states that the
5312plan amendment is unchanged and was not the subject of review or
5313objections pursuant to paragraph (7)(b), the state land planning
5314agency has 20 days after receipt of the transmittal letter
5315within which to issue a notice of intent that the plan amendment
5316is in compliance.
5317     (b)  Except as provided in paragraph (a) or in s.
5318163.3187(3), the state land planning agency, upon receipt of a
5319local government's complete adopted comprehensive plan or plan
5320amendment, shall have 45 days for review and to determine if the
5321plan or plan amendment is in compliance with this act, unless
5322the amendment is the result of a compliance agreement entered
5323into under subsection (16), in which case the time period for
5324review and determination shall be 30 days. If review was not
5325conducted under subsection (6), the agency's determination must
5326be based upon the plan amendment as adopted. If review was
5327conducted under subsection (6), the agency's determination of
5328compliance must be based only upon one or both of the following:
5329     1.  The state land planning agency's written comments to
5330the local government pursuant to subsection (6); or
5331     2.  Any changes made by the local government to the
5332comprehensive plan or plan amendment as adopted.
5333     (c)1.  During the time period provided for in this
5334subsection, the state land planning agency shall issue, through
5335a senior administrator or the secretary, as specified in the
5336agency's procedural rules, a notice of intent to find that the
5337plan or plan amendment is in compliance or not in compliance. A
5338notice of intent shall be issued by publication in the manner
5339provided by this paragraph and by mailing a copy to the local
5340government. The advertisement shall be placed in that portion of
5341the newspaper where legal notices appear. The advertisement
5342shall be published in a newspaper that meets the size and
5343circulation requirements set forth in paragraph (15)(e) and that
5344has been designated in writing by the affected local government
5345at the time of transmittal of the amendment. Publication by the
5346state land planning agency of a notice of intent in the
5347newspaper designated by the local government shall be prima
5348facie evidence of compliance with the publication requirements
5349of this section. The state land planning agency shall post a
5350copy of the notice of intent on the agency's Internet site. The
5351agency shall, no later than the date the notice of intent is
5352transmitted to the newspaper, send by regular mail a courtesy
5353informational statement to persons who provide their names and
5354addresses to the local government at the transmittal hearing or
5355at the adoption hearing where the local government has provided
5356the names and addresses of such persons to the department at the
5357time of transmittal of the adopted amendment. The informational
5358statements shall include the name of the newspaper in which the
5359notice of intent will appear, the approximate date of
5360publication, the ordinance number of the plan or plan amendment,
5361and a statement that affected persons have 21 days after the
5362actual date of publication of the notice to file a petition.
5363     2.  A local government that has an Internet site shall post
5364a copy of the state land planning agency's notice of intent on
5365the site within 5 days after receipt of the mailed copy of the
5366agency's notice of intent.
5367     (9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5368     (a)  If the state land planning agency issues a notice of
5369intent to find that the comprehensive plan or plan amendment
5370transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5371or s. 163.3191 is in compliance with this act, any affected
5372person may file a petition with the agency pursuant to ss.
5373120.569 and 120.57 within 21 days after the publication of
5374notice. In this proceeding, the local plan or plan amendment
5375shall be determined to be in compliance if the local
5376government's determination of compliance is fairly debatable.
5377     (b)  The hearing shall be conducted by an administrative
5378law judge of the Division of Administrative Hearings of the
5379Department of Management Services, who shall hold the hearing in
5380the county of and convenient to the affected local jurisdiction
5381and submit a recommended order to the state land planning
5382agency. The state land planning agency shall allow for the
5383filing of exceptions to the recommended order and shall issue a
5384final order after receipt of the recommended order if the state
5385land planning agency determines that the plan or plan amendment
5386is in compliance. If the state land planning agency determines
5387that the plan or plan amendment is not in compliance, the agency
5388shall submit the recommended order to the Administration
5389Commission for final agency action.
5390     (10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5391COMPLIANCE.-
5392     (a)  If the state land planning agency issues a notice of
5393intent to find the comprehensive plan or plan amendment not in
5394compliance with this act, the notice of intent shall be
5395forwarded to the Division of Administrative Hearings of the
5396Department of Management Services, which shall conduct a
5397proceeding under ss. 120.569 and 120.57 in the county of and
5398convenient to the affected local jurisdiction. The parties to
5399the proceeding shall be the state land planning agency, the
5400affected local government, and any affected person who
5401intervenes. No new issue may be alleged as a reason to find a
5402plan or plan amendment not in compliance in an administrative
5403pleading filed more than 21 days after publication of notice
5404unless the party seeking that issue establishes good cause for
5405not alleging the issue within that time period. Good cause shall
5406not include excusable neglect. In the proceeding, the local
5407government's determination that the comprehensive plan or plan
5408amendment is in compliance is presumed to be correct. The local
5409government's determination shall be sustained unless it is shown
5410by a preponderance of the evidence that the comprehensive plan
5411or plan amendment is not in compliance. The local government's
5412determination that elements of its plans are related to and
5413consistent with each other shall be sustained if the
5414determination is fairly debatable.
5415     (b)  The administrative law judge assigned by the division
5416shall submit a recommended order to the Administration
5417Commission for final agency action.
5418     (c)  Prior to the hearing, the state land planning agency
5419shall afford an opportunity to mediate or otherwise resolve the
5420dispute. If a party to the proceeding requests mediation or
5421other alternative dispute resolution, the hearing may not be
5422held until the state land planning agency advises the
5423administrative law judge in writing of the results of the
5424mediation or other alternative dispute resolution. However, the
5425hearing may not be delayed for longer than 90 days for mediation
5426or other alternative dispute resolution unless a longer delay is
5427agreed to by the parties to the proceeding. The costs of the
5428mediation or other alternative dispute resolution shall be borne
5429equally by all of the parties to the proceeding.
5430     (8)(11)  ADMINISTRATION COMMISSION.-
5431     (a)  If the Administration Commission, upon a hearing
5432pursuant to subsection (5)(9) or subsection (10), finds that the
5433comprehensive plan or plan amendment is not in compliance with
5434this act, the commission shall specify remedial actions that
5435which would bring the comprehensive plan or plan amendment into
5436compliance.
5437     (b)  The commission may specify the sanctions provided in
5438subparagraphs 1. and 2. to which the local government will be
5439subject if it elects to make the amendment effective
5440notwithstanding the determination of noncompliance.
5441     1.  The commission may direct state agencies not to provide
5442funds to increase the capacity of roads, bridges, or water and
5443sewer systems within the boundaries of those local governmental
5444entities which have comprehensive plans or plan elements that
5445are determined not to be in compliance. The commission order may
5446also specify that the local government is shall not be eligible
5447for grants administered under the following programs:
5448     a.1.  The Florida Small Cities Community Development Block
5449Grant Program, as authorized by ss. 290.0401-290.049.
5450     b.2.  The Florida Recreation Development Assistance
5451Program, as authorized by chapter 375.
5452     c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5453218.61 and chapter 212, to the extent not pledged to pay back
5454bonds.
5455     2.(b)  If the local government is one which is required to
5456include a coastal management element in its comprehensive plan
5457pursuant to s. 163.3177(6)(g), the commission order may also
5458specify that the local government is not eligible for funding
5459pursuant to s. 161.091. The commission order may also specify
5460that the fact that the coastal management element has been
5461determined to be not in compliance shall be a consideration when
5462the department considers permits under s. 161.053 and when the
5463Board of Trustees of the Internal Improvement Trust Fund
5464considers whether to sell, convey any interest in, or lease any
5465sovereignty lands or submerged lands until the element is
5466brought into compliance.
5467     3.(c)  The sanctions provided by subparagraphs 1. and 2. do
5468paragraphs (a) and (b) shall not apply to a local government
5469regarding any plan amendment, except for plan amendments that
5470amend plans that have not been finally determined to be in
5471compliance with this part, and except as provided in paragraph
5472(b) s. 163.3189(2) or s. 163.3191(11).
5473     (9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5474party constitutes a certificate that he or she has read the
5475pleading, motion, or other paper and that, to the best of his or
5476her knowledge, information, and belief formed after reasonable
5477inquiry, it is not interposed for any improper purpose, such as
5478to harass or to cause unnecessary delay, or for economic
5479advantage, competitive reasons, or frivolous purposes or
5480needless increase in the cost of litigation. If a pleading,
5481motion, or other paper is signed in violation of these
5482requirements, the administrative law judge, upon motion or his
5483or her own initiative, shall impose upon the person who signed
5484it, a represented party, or both, an appropriate sanction, which
5485may include an order to pay to the other party or parties the
5486amount of reasonable expenses incurred because of the filing of
5487the pleading, motion, or other paper, including a reasonable
5488attorney's fee.
5489     (10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5490section shall be the sole proceeding or action for a
5491determination of whether a local government's plan, element, or
5492amendment is in compliance with this act.
5493     (14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5494government comprehensive plan or plan amendment which is
5495applicable to a designated area of critical state concern shall
5496be effective until a final order is issued finding the plan or
5497amendment to be in compliance as defined in this section.
5498     (11)(15)  PUBLIC HEARINGS.-
5499     (a)  The procedure for transmittal of a complete proposed
5500comprehensive plan or plan amendment pursuant to subparagraph
5501subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
5502comprehensive plan or plan amendment pursuant to
5503subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5504affirmative vote of not less than a majority of the members of
5505the governing body present at the hearing. The adoption of a
5506comprehensive plan or plan amendment shall be by ordinance. For
5507the purposes of transmitting or adopting a comprehensive plan or
5508plan amendment, the notice requirements in chapters 125 and 166
5509are superseded by this subsection, except as provided in this
5510part.
5511     (b)  The local governing body shall hold at least two
5512advertised public hearings on the proposed comprehensive plan or
5513plan amendment as follows:
5514     1.  The first public hearing shall be held at the
5515transmittal stage pursuant to subsection (3). It shall be held
5516on a weekday at least 7 days after the day that the first
5517advertisement is published pursuant to the requirements of
5518chapter 125 or chapter 166.
5519     2.  The second public hearing shall be held at the adoption
5520stage pursuant to subsection (7). It shall be held on a weekday
5521at least 5 days after the day that the second advertisement is
5522published pursuant to the requirements of chapter 125 or chapter
5523166.
5524     (c)  Nothing in this part is intended to prohibit or limit
5525the authority of local governments to require a person
5526requesting an amendment to pay some or all of the cost of the
5527public notice.
5528     (12) CONCURRENT ZONING.-At the request of an applicant, a
5529local government shall consider an application for zoning
5530changes that would be required to properly enact any proposed
5531plan amendment transmitted pursuant to this subsection. Zoning
5532changes approved by the local government are contingent upon the
5533comprehensive plan or plan amendment transmitted becoming
5534effective.
5535     (13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5536government comprehensive plan or plan amendment that is
5537applicable to a designated area of critical state concern shall
5538be effective until a final order is issued finding the plan or
5539amendment to be in compliance as defined in paragraph (1)(b).
5540     (c)  The local government shall provide a sign-in form at
5541the transmittal hearing and at the adoption hearing for persons
5542to provide their names and mailing addresses. The sign-in form
5543must advise that any person providing the requested information
5544will receive a courtesy informational statement concerning
5545publications of the state land planning agency's notice of
5546intent. The local government shall add to the sign-in form the
5547name and address of any person who submits written comments
5548concerning the proposed plan or plan amendment during the time
5549period between the commencement of the transmittal hearing and
5550the end of the adoption hearing. It is the responsibility of the
5551person completing the form or providing written comments to
5552accurately, completely, and legibly provide all information
5553needed in order to receive the courtesy informational statement.
5554     (d)  The agency shall provide a model sign-in form for
5555providing the list to the agency which may be used by the local
5556government to satisfy the requirements of this subsection.
5557     (e)  If the proposed comprehensive plan or plan amendment
5558changes the actual list of permitted, conditional, or prohibited
5559uses within a future land use category or changes the actual
5560future land use map designation of a parcel or parcels of land,
5561the required advertisements shall be in the format prescribed by
5562s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5563municipality.
5564     (16)  COMPLIANCE AGREEMENTS.-
5565     (a)  At any time following the issuance of a notice of
5566intent to find a comprehensive plan or plan amendment not in
5567compliance with this part or after the initiation of a hearing
5568pursuant to subsection (9), the state land planning agency and
5569the local government may voluntarily enter into a compliance
5570agreement to resolve one or more of the issues raised in the
5571proceedings. Affected persons who have initiated a formal
5572proceeding or have intervened in a formal proceeding may also
5573enter into the compliance agreement. All parties granted
5574intervenor status shall be provided reasonable notice of the
5575commencement of a compliance agreement negotiation process and a
5576reasonable opportunity to participate in such negotiation
5577process. Negotiation meetings with local governments or
5578intervenors shall be open to the public. The state land planning
5579agency shall provide each party granted intervenor status with a
5580copy of the compliance agreement within 10 days after the
5581agreement is executed. The compliance agreement shall list each
5582portion of the plan or plan amendment which is not in
5583compliance, and shall specify remedial actions which the local
5584government must complete within a specified time in order to
5585bring the plan or plan amendment into compliance, including
5586adoption of all necessary plan amendments. The compliance
5587agreement may also establish monitoring requirements and
5588incentives to ensure that the conditions of the compliance
5589agreement are met.
5590     (b)  Upon filing by the state land planning agency of a
5591compliance agreement executed by the agency and the local
5592government with the Division of Administrative Hearings, any
5593administrative proceeding under ss. 120.569 and 120.57 regarding
5594the plan or plan amendment covered by the compliance agreement
5595shall be stayed.
5596     (c)  Prior to its execution of a compliance agreement, the
5597local government must approve the compliance agreement at a
5598public hearing advertised at least 10 days before the public
5599hearing in a newspaper of general circulation in the area in
5600accordance with the advertisement requirements of subsection
5601(15).
5602     (d)  A local government may adopt a plan amendment pursuant
5603to a compliance agreement in accordance with the requirements of
5604paragraph (15)(a). The plan amendment shall be exempt from the
5605requirements of subsections (2)-(7). The local government shall
5606hold a single adoption public hearing pursuant to the
5607requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5608Within 10 working days after adoption of a plan amendment, the
5609local government shall transmit the amendment to the state land
5610planning agency as specified in the agency's procedural rules,
5611and shall submit one copy to the regional planning agency and to
5612any other unit of local government or government agency in the
5613state that has filed a written request with the governing body
5614for a copy of the plan amendment, and one copy to any party to
5615the proceeding under ss. 120.569 and 120.57 granted intervenor
5616status.
5617     (e)  The state land planning agency, upon receipt of a plan
5618amendment adopted pursuant to a compliance agreement, shall
5619issue a cumulative notice of intent addressing both the
5620compliance agreement amendment and the plan or plan amendment
5621that was the subject of the agreement, in accordance with
5622subsection (8).
5623     (f)1.  If the local government adopts a comprehensive plan
5624amendment pursuant to a compliance agreement and a notice of
5625intent to find the plan amendment in compliance is issued, the
5626state land planning agency shall forward the notice of intent to
5627the Division of Administrative Hearings and the administrative
5628law judge shall realign the parties in the pending proceeding
5629under ss. 120.569 and 120.57, which shall thereafter be governed
5630by the process contained in paragraphs (9)(a) and (b), including
5631provisions relating to challenges by an affected person, burden
5632of proof, and issues of a recommended order and a final order,
5633except as provided in subparagraph 2. Parties to the original
5634proceeding at the time of realignment may continue as parties
5635without being required to file additional pleadings to initiate
5636a proceeding, but may timely amend their pleadings to raise any
5637challenge to the amendment which is the subject of the
5638cumulative notice of intent, and must otherwise conform to the
5639rules of procedure of the Division of Administrative Hearings.
5640Any affected person not a party to the realigned proceeding may
5641challenge the plan amendment which is the subject of the
5642cumulative notice of intent by filing a petition with the agency
5643as provided in subsection (9). The agency shall forward the
5644petition filed by the affected person not a party to the
5645realigned proceeding to the Division of Administrative Hearings
5646for consolidation with the realigned proceeding.
5647     2.  If any of the issues raised by the state land planning
5648agency in the original subsection (10) proceeding are not
5649resolved by the compliance agreement amendments, any intervenor
5650in the original subsection (10) proceeding may require those
5651issues to be addressed in the pending consolidated realigned
5652proceeding under ss. 120.569 and 120.57. As to those unresolved
5653issues, the burden of proof shall be governed by subsection
5654(10).
5655     3.  If the local government adopts a comprehensive plan
5656amendment pursuant to a compliance agreement and a notice of
5657intent to find the plan amendment not in compliance is issued,
5658the state land planning agency shall forward the notice of
5659intent to the Division of Administrative Hearings, which shall
5660consolidate the proceeding with the pending proceeding and
5661immediately set a date for hearing in the pending proceeding
5662under ss. 120.569 and 120.57. Affected persons who are not a
5663party to the underlying proceeding under ss. 120.569 and 120.57
5664may challenge the plan amendment adopted pursuant to the
5665compliance agreement by filing a petition pursuant to subsection
5666(10).
5667     (g)  If the local government fails to adopt a comprehensive
5668plan amendment pursuant to a compliance agreement, the state
5669land planning agency shall notify the Division of Administrative
5670Hearings, which shall set the hearing in the pending proceeding
5671under ss. 120.569 and 120.57 at the earliest convenient time.
5672     (h)  This subsection does not prohibit a local government
5673from amending portions of its comprehensive plan other than
5674those which are the subject of the compliance agreement.
5675However, such amendments to the plan may not be inconsistent
5676with the compliance agreement.
5677     (i)  Nothing in this subsection is intended to limit the
5678parties from entering into a compliance agreement at any time
5679before the final order in the proceeding is issued, provided
5680that the provisions of paragraph (c) shall apply regardless of
5681when the compliance agreement is reached.
5682     (j)  Nothing in this subsection is intended to force any
5683party into settlement against its will or to preclude the use of
5684other informal dispute resolution methods, such as the services
5685offered by the Florida Growth Management Dispute Resolution
5686Consortium, in the course of or in addition to the method
5687described in this subsection.
5688     (17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5689A local government that has adopted a community vision and urban
5690service boundary under s. 163.3177(13) and (14) may adopt a plan
5691amendment related to map amendments solely to property within an
5692urban service boundary in the manner described in subsections
5693(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5694and e., 2., and 3., such that state and regional agency review
5695is eliminated. The department may not issue an objections,
5696recommendations, and comments report on proposed plan amendments
5697or a notice of intent on adopted plan amendments; however,
5698affected persons, as defined by paragraph (1)(a), may file a
5699petition for administrative review pursuant to the requirements
5700of s. 163.3187(3)(a) to challenge the compliance of an adopted
5701plan amendment. This subsection does not apply to any amendment
5702within an area of critical state concern, to any amendment that
5703increases residential densities allowable in high-hazard coastal
5704areas as defined in s. 163.3178(2)(h), or to a text change to
5705the goals, policies, or objectives of the local government's
5706comprehensive plan. Amendments submitted under this subsection
5707are exempt from the limitation on the frequency of plan
5708amendments in s. 163.3187.
5709     (18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5710municipality that has a designated urban infill and
5711redevelopment area under s. 163.2517 may adopt a plan amendment
5712related to map amendments solely to property within a designated
5713urban infill and redevelopment area in the manner described in
5714subsections (1), (2), (7), (14), (15), and (16) and s.
5715163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5716regional agency review is eliminated. The department may not
5717issue an objections, recommendations, and comments report on
5718proposed plan amendments or a notice of intent on adopted plan
5719amendments; however, affected persons, as defined by paragraph
5720(1)(a), may file a petition for administrative review pursuant
5721to the requirements of s. 163.3187(3)(a) to challenge the
5722compliance of an adopted plan amendment. This subsection does
5723not apply to any amendment within an area of critical state
5724concern, to any amendment that increases residential densities
5725allowable in high-hazard coastal areas as defined in s.
5726163.3178(2)(h), or to a text change to the goals, policies, or
5727objectives of the local government's comprehensive plan.
5728Amendments submitted under this subsection are exempt from the
5729limitation on the frequency of plan amendments in s. 163.3187.
5730     (19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5731government that identifies in its comprehensive plan the types
5732of housing developments and conditions for which it will
5733consider plan amendments that are consistent with the local
5734housing incentive strategies identified in s. 420.9076 and
5735authorized by the local government may expedite consideration of
5736such plan amendments. At least 30 days prior to adopting a plan
5737amendment pursuant to this subsection, the local government
5738shall notify the state land planning agency of its intent to
5739adopt such an amendment, and the notice shall include the local
5740government's evaluation of site suitability and availability of
5741facilities and services. A plan amendment considered under this
5742subsection shall require only a single public hearing before the
5743local governing body, which shall be a plan amendment adoption
5744hearing as described in subsection (7). The public notice of the
5745hearing required under subparagraph (15)(b)2. must include a
5746statement that the local government intends to use the expedited
5747adoption process authorized under this subsection. The state
5748land planning agency shall issue its notice of intent required
5749under subsection (8) within 30 days after determining that the
5750amendment package is complete. Any further proceedings shall be
5751governed by subsections (9)-(16).
5752     Section 18.  Section 163.3187, Florida Statutes, is amended
5753to read:
5754     163.3187  Process for adoption of small-scale comprehensive
5755plan amendment of adopted comprehensive plan.-
5756     (1)  Amendments to comprehensive plans adopted pursuant to
5757this part may be made not more than two times during any
5758calendar year, except:
5759     (a)  In the case of an emergency, comprehensive plan
5760amendments may be made more often than twice during the calendar
5761year if the additional plan amendment receives the approval of
5762all of the members of the governing body. "Emergency" means any
5763occurrence or threat thereof whether accidental or natural,
5764caused by humankind, in war or peace, which results or may
5765result in substantial injury or harm to the population or
5766substantial damage to or loss of property or public funds.
5767     (b)  Any local government comprehensive plan amendments
5768directly related to a proposed development of regional impact,
5769including changes which have been determined to be substantial
5770deviations and including Florida Quality Developments pursuant
5771to s. 380.061, may be initiated by a local planning agency and
5772considered by the local governing body at the same time as the
5773application for development approval using the procedures
5774provided for local plan amendment in this section and applicable
5775local ordinances.
5776     (1)(c)  Any local government comprehensive plan amendments
5777directly related to proposed small scale development activities
5778may be approved without regard to statutory limits on the
5779frequency of consideration of amendments to the local
5780comprehensive plan. A small scale development amendment may be
5781adopted only under the following conditions:
5782     (a)1.  The proposed amendment involves a use of 10 acres or
5783fewer and:
5784     (b)a.  The cumulative annual effect of the acreage for all
5785small scale development amendments adopted by the local
5786government does shall not exceed:
5787     (I)  a maximum of 120 acres in a calendar year. local
5788government that contains areas specifically designated in the
5789local comprehensive plan for urban infill, urban redevelopment,
5790or downtown revitalization as defined in s. 163.3164, urban
5791infill and redevelopment areas designated under s. 163.2517,
5792transportation concurrency exception areas approved pursuant to
5793s. 163.3180(5), or regional activity centers and urban central
5794business districts approved pursuant to s. 380.06(2)(e);
5795however, amendments under this paragraph may be applied to no
5796more than 60 acres annually of property outside the designated
5797areas listed in this sub-sub-subparagraph. Amendments adopted
5798pursuant to paragraph (k) shall not be counted toward the
5799acreage limitations for small scale amendments under this
5800paragraph.
5801     (II)  A maximum of 80 acres in a local government that does
5802not contain any of the designated areas set forth in sub-sub-
5803subparagraph (I).
5804     (III)  A maximum of 120 acres in a county established
5805pursuant to s. 9, Art. VIII of the State Constitution.
5806     b.  The proposed amendment does not involve the same
5807property granted a change within the prior 12 months.
5808     c.  The proposed amendment does not involve the same
5809owner's property within 200 feet of property granted a change
5810within the prior 12 months.
5811     (c)d.  The proposed amendment does not involve a text
5812change to the goals, policies, and objectives of the local
5813government's comprehensive plan, but only proposes a land use
5814change to the future land use map for a site-specific small
5815scale development activity. However, text changes that relate
5816directly to, and are adopted simultaneously with, the small
5817scale future land use map amendment shall be permissible under
5818this section.
5819     (d)e.  The property that is the subject of the proposed
5820amendment is not located within an area of critical state
5821concern, unless the project subject to the proposed amendment
5822involves the construction of affordable housing units meeting
5823the criteria of s. 420.0004(3), and is located within an area of
5824critical state concern designated by s. 380.0552 or by the
5825Administration Commission pursuant to s. 380.05(1). Such
5826amendment is not subject to the density limitations of sub-
5827subparagraph f., and shall be reviewed by the state land
5828planning agency for consistency with the principles for guiding
5829development applicable to the area of critical state concern
5830where the amendment is located and shall not become effective
5831until a final order is issued under s. 380.05(6).
5832     f.  If the proposed amendment involves a residential land
5833use, the residential land use has a density of 10 units or less
5834per acre or the proposed future land use category allows a
5835maximum residential density of the same or less than the maximum
5836residential density allowable under the existing future land use
5837category, except that this limitation does not apply to small
5838scale amendments involving the construction of affordable
5839housing units meeting the criteria of s. 420.0004(3) on property
5840which will be the subject of a land use restriction agreement,
5841or small scale amendments described in sub-sub-subparagraph
5842a.(I) that are designated in the local comprehensive plan for
5843urban infill, urban redevelopment, or downtown revitalization as
5844defined in s. 163.3164, urban infill and redevelopment areas
5845designated under s. 163.2517, transportation concurrency
5846exception areas approved pursuant to s. 163.3180(5), or regional
5847activity centers and urban central business districts approved
5848pursuant to s. 380.06(2)(e).
5849     2.a.  A local government that proposes to consider a plan
5850amendment pursuant to this paragraph is not required to comply
5851with the procedures and public notice requirements of s.
5852163.3184(15)(c) for such plan amendments if the local government
5853complies with the provisions in s. 125.66(4)(a) for a county or
5854in s. 166.041(3)(c) for a municipality. If a request for a plan
5855amendment under this paragraph is initiated by other than the
5856local government, public notice is required.
5857     b.  The local government shall send copies of the notice
5858and amendment to the state land planning agency, the regional
5859planning council, and any other person or entity requesting a
5860copy. This information shall also include a statement
5861identifying any property subject to the amendment that is
5862located within a coastal high-hazard area as identified in the
5863local comprehensive plan.
5864     (2)3.  Small scale development amendments adopted pursuant
5865to this section paragraph require only one public hearing before
5866the governing board, which shall be an adoption hearing as
5867described in s. 163.3184(11)(7), and are not subject to the
5868requirements of s. 163.3184(3)-(6) unless the local government
5869elects to have them subject to those requirements.
5870     (3)4.  If the small scale development amendment involves a
5871site within an area that is designated by the Governor as a
5872rural area of critical economic concern as defined under s.
5873288.0656(2)(d)(7) for the duration of such designation, the 10-
5874acre limit listed in subsection (1) subparagraph 1. shall be
5875increased by 100 percent to 20 acres. The local government
5876approving the small scale plan amendment shall certify to the
5877Office of Tourism, Trade, and Economic Development that the plan
5878amendment furthers the economic objectives set forth in the
5879executive order issued under s. 288.0656(7), and the property
5880subject to the plan amendment shall undergo public review to
5881ensure that all concurrency requirements and federal, state, and
5882local environmental permit requirements are met.
5883     (d)  Any comprehensive plan amendment required by a
5884compliance agreement pursuant to s. 163.3184(16) may be approved
5885without regard to statutory limits on the frequency of adoption
5886of amendments to the comprehensive plan.
5887     (e)  A comprehensive plan amendment for location of a state
5888correctional facility. Such an amendment may be made at any time
5889and does not count toward the limitation on the frequency of
5890plan amendments.
5891     (f)  The capital improvements element annual update
5892required in s. 163.3177(3)(b)1. and any amendments directly
5893related to the schedule.
5894     (g)  Any local government comprehensive plan amendments
5895directly related to proposed redevelopment of brownfield areas
5896designated under s. 376.80 may be approved without regard to
5897statutory limits on the frequency of consideration of amendments
5898to the local comprehensive plan.
5899     (h)  Any comprehensive plan amendments for port
5900transportation facilities and projects that are eligible for
5901funding by the Florida Seaport Transportation and Economic
5902Development Council pursuant to s. 311.07.
5903     (i)  A comprehensive plan amendment for the purpose of
5904designating an urban infill and redevelopment area under s.
5905163.2517 may be approved without regard to the statutory limits
5906on the frequency of amendments to the comprehensive plan.
5907     (j)  Any comprehensive plan amendment to establish public
5908school concurrency pursuant to s. 163.3180(13), including, but
5909not limited to, adoption of a public school facilities element
5910and adoption of amendments to the capital improvements element
5911and intergovernmental coordination element. In order to ensure
5912the consistency of local government public school facilities
5913elements within a county, such elements shall be prepared and
5914adopted on a similar time schedule.
5915     (k)  A local comprehensive plan amendment directly related
5916to providing transportation improvements to enhance life safety
5917on Controlled Access Major Arterial Highways identified in the
5918Florida Intrastate Highway System, in counties as defined in s.
5919125.011, where such roadways have a high incidence of traffic
5920accidents resulting in serious injury or death. Any such
5921amendment shall not include any amendment modifying the
5922designation on a comprehensive development plan land use map nor
5923any amendment modifying the allowable densities or intensities
5924of any land.
5925     (l)  A comprehensive plan amendment to adopt a public
5926educational facilities element pursuant to s. 163.3177(12) and
5927future land-use-map amendments for school siting may be approved
5928notwithstanding statutory limits on the frequency of adopting
5929plan amendments.
5930     (m)  A comprehensive plan amendment that addresses criteria
5931or compatibility of land uses adjacent to or in close proximity
5932to military installations in a local government's future land
5933use element does not count toward the limitation on the
5934frequency of the plan amendments.
5935     (n)  Any local government comprehensive plan amendment
5936establishing or implementing a rural land stewardship area
5937pursuant to the provisions of s. 163.3177(11)(d).
5938     (o)  A comprehensive plan amendment that is submitted by an
5939area designated by the Governor as a rural area of critical
5940economic concern under s. 288.0656(7) and that meets the
5941economic development objectives may be approved without regard
5942to the statutory limits on the frequency of adoption of
5943amendments to the comprehensive plan.
5944     (p)  Any local government comprehensive plan amendment that
5945is consistent with the local housing incentive strategies
5946identified in s. 420.9076 and authorized by the local
5947government.
5948     (q)  Any local government plan amendment to designate an
5949urban service area as a transportation concurrency exception
5950area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
5951development-of-regional-impact process under s. 380.06(29).
5952     (4)(2)  Comprehensive plans may only be amended in such a
5953way as to preserve the internal consistency of the plan pursuant
5954to s. 163.3177(2). Corrections, updates, or modifications of
5955current costs which were set out as part of the comprehensive
5956plan shall not, for the purposes of this act, be deemed to be
5957amendments.
5958     (3)(a)  The state land planning agency shall not review or
5959issue a notice of intent for small scale development amendments
5960which satisfy the requirements of paragraph (1)(c).
5961     (5)(a)  Any affected person may file a petition with the
5962Division of Administrative Hearings pursuant to ss. 120.569 and
5963120.57 to request a hearing to challenge the compliance of a
5964small scale development amendment with this act within 30 days
5965following the local government's adoption of the amendment and,
5966shall serve a copy of the petition on the local government, and
5967shall furnish a copy to the state land planning agency. An
5968administrative law judge shall hold a hearing in the affected
5969jurisdiction not less than 30 days nor more than 60 days
5970following the filing of a petition and the assignment of an
5971administrative law judge. The parties to a hearing held pursuant
5972to this subsection shall be the petitioner, the local
5973government, and any intervenor. In the proceeding, the plan
5974amendment shall be determined to be in compliance if the local
5975government's determination that the small scale development
5976amendment is in compliance is fairly debatable presumed to be
5977correct. The local government's determination shall be sustained
5978unless it is shown by a preponderance of the evidence that the
5979amendment is not in compliance with the requirements of this
5980act. In any proceeding initiated pursuant to this subsection,
5981The state land planning agency may not intervene in any
5982proceeding initiated pursuant to this section.
5983     (b)1.  If the administrative law judge recommends that the
5984small scale development amendment be found not in compliance,
5985the administrative law judge shall submit the recommended order
5986to the Administration Commission for final agency action. If the
5987administrative law judge recommends that the small scale
5988development amendment be found in compliance, the administrative
5989law judge shall submit the recommended order to the state land
5990planning agency.
5991     2.  If the state land planning agency determines that the
5992plan amendment is not in compliance, the agency shall submit,
5993within 30 days following its receipt, the recommended order to
5994the Administration Commission for final agency action. If the
5995state land planning agency determines that the plan amendment is
5996in compliance, the agency shall enter a final order within 30
5997days following its receipt of the recommended order.
5998     (c)  Small scale development amendments may shall not
5999become effective until 31 days after adoption. If challenged
6000within 30 days after adoption, small scale development
6001amendments may shall not become effective until the state land
6002planning agency or the Administration Commission, respectively,
6003issues a final order determining that the adopted small scale
6004development amendment is in compliance.
6005     (d)  In all challenges under this subsection, when a
6006determination of compliance as defined in s. 163.3184(1)(b) is
6007made, consideration shall be given to the plan amendment as a
6008whole and whether the plan amendment furthers the intent of this
6009part.
6010     (4)  Each governing body shall transmit to the state land
6011planning agency a current copy of its comprehensive plan not
6012later than December 1, 1985. Each governing body shall also
6013transmit copies of any amendments it adopts to its comprehensive
6014plan so as to continually update the plans on file with the
6015state land planning agency.
6016     (5)  Nothing in this part is intended to prohibit or limit
6017the authority of local governments to require that a person
6018requesting an amendment pay some or all of the cost of public
6019notice.
6020     (6)(a)  No local government may amend its comprehensive
6021plan after the date established by the state land planning
6022agency for adoption of its evaluation and appraisal report
6023unless it has submitted its report or addendum to the state land
6024planning agency as prescribed by s. 163.3191, except for plan
6025amendments described in paragraph (1)(b) or paragraph (1)(h).
6026     (b)  A local government may amend its comprehensive plan
6027after it has submitted its adopted evaluation and appraisal
6028report and for a period of 1 year after the initial
6029determination of sufficiency regardless of whether the report
6030has been determined to be insufficient.
6031     (c)  A local government may not amend its comprehensive
6032plan, except for plan amendments described in paragraph (1)(b),
6033if the 1-year period after the initial sufficiency determination
6034of the report has expired and the report has not been determined
6035to be sufficient.
6036     (d)  When the state land planning agency has determined
6037that the report has sufficiently addressed all pertinent
6038provisions of s. 163.3191, the local government may amend its
6039comprehensive plan without the limitations imposed by paragraph
6040(a) or paragraph (c).
6041     (e)  Any plan amendment which a local government attempts
6042to adopt in violation of paragraph (a) or paragraph (c) is
6043invalid, but such invalidity may be overcome if the local
6044government readopts the amendment and transmits the amendment to
6045the state land planning agency pursuant to s. 163.3184(7) after
6046the report is determined to be sufficient.
6047     Section 19.  Section 163.3189, Florida Statutes, is
6048repealed.
6049     Section 20.  Section 163.3191, Florida Statutes, is amended
6050to read:
6051     163.3191  Evaluation and appraisal of comprehensive plan.-
6052     (1)  At least once every 7 years, each local government
6053shall evaluate its comprehensive plan to determine if plan
6054amendments are necessary to reflect changes in state
6055requirements in this part since the last update of the
6056comprehensive plan, and notify the state land planning agency as
6057to its determination.
6058     (2)  If the local government determines amendments to its
6059comprehensive plan are necessary to reflect changes in state
6060requirements, the local government shall prepare and transmit
6061within 1 year such plan amendment or amendments for review
6062pursuant to s. 163.3184.
6063     (3)  Local governments are encouraged to comprehensively
6064evaluate and, as necessary, update comprehensive plans to
6065reflect changes in local conditions. Plan amendments transmitted
6066pursuant to this section shall be reviewed in accordance with s.
6067163.3184.
6068     (4)  If a local government fails to submit its letter
6069prescribed by subsection (1) or update its plan pursuant to
6070subsection (2), it may not amend its comprehensive plan until
6071such time as it complies with this section.
6072     (1)  The planning program shall be a continuous and ongoing
6073process. Each local government shall adopt an evaluation and
6074appraisal report once every 7 years assessing the progress in
6075implementing the local government's comprehensive plan.
6076Furthermore, it is the intent of this section that:
6077     (a)  Adopted comprehensive plans be reviewed through such
6078evaluation process to respond to changes in state, regional, and
6079local policies on planning and growth management and changing
6080conditions and trends, to ensure effective intergovernmental
6081coordination, and to identify major issues regarding the
6082community's achievement of its goals.
6083     (b)  After completion of the initial evaluation and
6084appraisal report and any supporting plan amendments, each
6085subsequent evaluation and appraisal report must evaluate the
6086comprehensive plan in effect at the time of the initiation of
6087the evaluation and appraisal report process.
6088     (c)  Local governments identify the major issues, if
6089applicable, with input from state agencies, regional agencies,
6090adjacent local governments, and the public in the evaluation and
6091appraisal report process. It is also the intent of this section
6092to establish minimum requirements for information to ensure
6093predictability, certainty, and integrity in the growth
6094management process. The report is intended to serve as a summary
6095audit of the actions that a local government has undertaken and
6096identify changes that it may need to make. The report should be
6097based on the local government's analysis of major issues to
6098further the community's goals consistent with statewide minimum
6099standards. The report is not intended to require a comprehensive
6100rewrite of the elements within the local plan, unless a local
6101government chooses to do so.
6102     (2)  The report shall present an evaluation and assessment
6103of the comprehensive plan and shall contain appropriate
6104statements to update the comprehensive plan, including, but not
6105limited to, words, maps, illustrations, or other media, related
6106to:
6107     (a)  Population growth and changes in land area, including
6108annexation, since the adoption of the original plan or the most
6109recent update amendments.
6110     (b)  The extent of vacant and developable land.
6111     (c)  The financial feasibility of implementing the
6112comprehensive plan and of providing needed infrastructure to
6113achieve and maintain adopted level-of-service standards and
6114sustain concurrency management systems through the capital
6115improvements element, as well as the ability to address
6116infrastructure backlogs and meet the demands of growth on public
6117services and facilities.
6118     (d)  The location of existing development in relation to
6119the location of development as anticipated in the original plan,
6120or in the plan as amended by the most recent evaluation and
6121appraisal report update amendments, such as within areas
6122designated for urban growth.
6123     (e)  An identification of the major issues for the
6124jurisdiction and, where pertinent, the potential social,
6125economic, and environmental impacts.
6126     (f)  Relevant changes to the state comprehensive plan, the
6127requirements of this part, the minimum criteria contained in
6128chapter 9J-5, Florida Administrative Code, and the appropriate
6129strategic regional policy plan since the adoption of the
6130original plan or the most recent evaluation and appraisal report
6131update amendments.
6132     (g)  An assessment of whether the plan objectives within
6133each element, as they relate to major issues, have been
6134achieved. The report shall include, as appropriate, an
6135identification as to whether unforeseen or unanticipated changes
6136in circumstances have resulted in problems or opportunities with
6137respect to major issues identified in each element and the
6138social, economic, and environmental impacts of the issue.
6139     (h)  A brief assessment of successes and shortcomings
6140related to each element of the plan.
6141     (i)  The identification of any actions or corrective
6142measures, including whether plan amendments are anticipated to
6143address the major issues identified and analyzed in the report.
6144Such identification shall include, as appropriate, new
6145population projections, new revised planning timeframes, a
6146revised future conditions map or map series, an updated capital
6147improvements element, and any new and revised goals, objectives,
6148and policies for major issues identified within each element.
6149This paragraph shall not require the submittal of the plan
6150amendments with the evaluation and appraisal report.
6151     (j)  A summary of the public participation program and
6152activities undertaken by the local government in preparing the
6153report.
6154     (k)  The coordination of the comprehensive plan with
6155existing public schools and those identified in the applicable
6156educational facilities plan adopted pursuant to s. 1013.35. The
6157assessment shall address, where relevant, the success or failure
6158of the coordination of the future land use map and associated
6159planned residential development with public schools and their
6160capacities, as well as the joint decisionmaking processes
6161engaged in by the local government and the school board in
6162regard to establishing appropriate population projections and
6163the planning and siting of public school facilities. For those
6164counties or municipalities that do not have a public schools
6165interlocal agreement or public school facilities element, the
6166assessment shall determine whether the local government
6167continues to meet the criteria of s. 163.3177(12). If the county
6168or municipality determines that it no longer meets the criteria,
6169it must adopt appropriate school concurrency goals, objectives,
6170and policies in its plan amendments pursuant to the requirements
6171of the public school facilities element, and enter into the
6172existing interlocal agreement required by ss. 163.3177(6)(h)2.
6173and 163.31777 in order to fully participate in the school
6174concurrency system.
6175     (l)  The extent to which the local government has been
6176successful in identifying alternative water supply projects and
6177traditional water supply projects, including conservation and
6178reuse, necessary to meet the water needs identified in s.
6179373.709(2)(a) within the local government's jurisdiction. The
6180report must evaluate the degree to which the local government
6181has implemented the work plan for building public, private, and
6182regional water supply facilities, including development of
6183alternative water supplies, identified in the element as
6184necessary to serve existing and new development.
6185     (m)  If any of the jurisdiction of the local government is
6186located within the coastal high-hazard area, an evaluation of
6187whether any past reduction in land use density impairs the
6188property rights of current residents when redevelopment occurs,
6189including, but not limited to, redevelopment following a natural
6190disaster. The property rights of current residents shall be
6191balanced with public safety considerations. The local government
6192must identify strategies to address redevelopment feasibility
6193and the property rights of affected residents. These strategies
6194may include the authorization of redevelopment up to the actual
6195built density in existence on the property prior to the natural
6196disaster or redevelopment.
6197     (n)  An assessment of whether the criteria adopted pursuant
6198to s. 163.3177(6)(a) were successful in achieving compatibility
6199with military installations.
6200     (o)  The extent to which a concurrency exception area
6201designated pursuant to s. 163.3180(5), a concurrency management
6202area designated pursuant to s. 163.3180(7), or a multimodal
6203transportation district designated pursuant to s. 163.3180(15)
6204has achieved the purpose for which it was created and otherwise
6205complies with the provisions of s. 163.3180.
6206     (p)  An assessment of the extent to which changes are
6207needed to develop a common methodology for measuring impacts on
6208transportation facilities for the purpose of implementing its
6209concurrency management system in coordination with the
6210municipalities and counties, as appropriate pursuant to s.
6211163.3180(10).
6212     (3)  Voluntary scoping meetings may be conducted by each
6213local government or several local governments within the same
6214county that agree to meet together. Joint meetings among all
6215local governments in a county are encouraged. All scoping
6216meetings shall be completed at least 1 year prior to the
6217established adoption date of the report. The purpose of the
6218meetings shall be to distribute data and resources available to
6219assist in the preparation of the report, to provide input on
6220major issues in each community that should be addressed in the
6221report, and to advise on the extent of the effort for the
6222components of subsection (2). If scoping meetings are held, the
6223local government shall invite each state and regional reviewing
6224agency, as well as adjacent and other affected local
6225governments. A preliminary list of new data and major issues
6226that have emerged since the adoption of the original plan, or
6227the most recent evaluation and appraisal report-based update
6228amendments, should be developed by state and regional entities
6229and involved local governments for distribution at the scoping
6230meeting. For purposes of this subsection, a "scoping meeting" is
6231a meeting conducted to determine the scope of review of the
6232evaluation and appraisal report by parties to which the report
6233relates.
6234     (4)  The local planning agency shall prepare the evaluation
6235and appraisal report and shall make recommendations to the
6236governing body regarding adoption of the proposed report. The
6237local planning agency shall prepare the report in conformity
6238with its public participation procedures adopted as required by
6239s. 163.3181. During the preparation of the proposed report and
6240prior to making any recommendation to the governing body, the
6241local planning agency shall hold at least one public hearing,
6242with public notice, on the proposed report. At a minimum, the
6243format and content of the proposed report shall include a table
6244of contents; numbered pages; element headings; section headings
6245within elements; a list of included tables, maps, and figures; a
6246title and sources for all included tables; a preparation date;
6247and the name of the preparer. Where applicable, maps shall
6248include major natural and artificial geographic features; city,
6249county, and state lines; and a legend indicating a north arrow,
6250map scale, and the date.
6251     (5)  Ninety days prior to the scheduled adoption date, the
6252local government may provide a proposed evaluation and appraisal
6253report to the state land planning agency and distribute copies
6254to state and regional commenting agencies as prescribed by rule,
6255adjacent jurisdictions, and interested citizens for review. All
6256review comments, including comments by the state land planning
6257agency, shall be transmitted to the local government and state
6258land planning agency within 30 days after receipt of the
6259proposed report.
6260     (6)  The governing body, after considering the review
6261comments and recommended changes, if any, shall adopt the
6262evaluation and appraisal report by resolution or ordinance at a
6263public hearing with public notice. The governing body shall
6264adopt the report in conformity with its public participation
6265procedures adopted as required by s. 163.3181. The local
6266government shall submit to the state land planning agency three
6267copies of the report, a transmittal letter indicating the dates
6268of public hearings, and a copy of the adoption resolution or
6269ordinance. The local government shall provide a copy of the
6270report to the reviewing agencies which provided comments for the
6271proposed report, or to all the reviewing agencies if a proposed
6272report was not provided pursuant to subsection (5), including
6273the adjacent local governments. Within 60 days after receipt,
6274the state land planning agency shall review the adopted report
6275and make a preliminary sufficiency determination that shall be
6276forwarded by the agency to the local government for its
6277consideration. The state land planning agency shall issue a
6278final sufficiency determination within 90 days after receipt of
6279the adopted evaluation and appraisal report.
6280     (7)  The intent of the evaluation and appraisal process is
6281the preparation of a plan update that clearly and concisely
6282achieves the purpose of this section. Toward this end, the
6283sufficiency review of the state land planning agency shall
6284concentrate on whether the evaluation and appraisal report
6285sufficiently fulfills the components of subsection (2). If the
6286state land planning agency determines that the report is
6287insufficient, the governing body shall adopt a revision of the
6288report and submit the revised report for review pursuant to
6289subsection (6).
6290     (8)  The state land planning agency may delegate the review
6291of evaluation and appraisal reports, including all state land
6292planning agency duties under subsections (4)-(7), to the
6293appropriate regional planning council. When the review has been
6294delegated to a regional planning council, any local government
6295in the region may elect to have its report reviewed by the
6296regional planning council rather than the state land planning
6297agency. The state land planning agency shall by agreement
6298provide for uniform and adequate review of reports and shall
6299retain oversight for any delegation of review to a regional
6300planning council.
6301     (9)  The state land planning agency may establish a phased
6302schedule for adoption of reports. The schedule shall provide
6303each local government at least 7 years from plan adoption or
6304last established adoption date for a report and shall allot
6305approximately one-seventh of the reports to any 1 year. In order
6306to allow the municipalities to use data and analyses gathered by
6307the counties, the state land planning agency shall schedule
6308municipal report adoption dates between 1 year and 18 months
6309later than the report adoption date for the county in which
6310those municipalities are located. A local government may adopt
6311its report no earlier than 90 days prior to the established
6312adoption date. Small municipalities which were scheduled by
6313chapter 9J-33, Florida Administrative Code, to adopt their
6314evaluation and appraisal report after February 2, 1999, shall be
6315rescheduled to adopt their report together with the other
6316municipalities in their county as provided in this subsection.
6317     (10)  The governing body shall amend its comprehensive plan
6318based on the recommendations in the report and shall update the
6319comprehensive plan based on the components of subsection (2),
6320pursuant to the provisions of ss. 163.3184, 163.3187, and
6321163.3189. Amendments to update a comprehensive plan based on the
6322evaluation and appraisal report shall be adopted during a single
6323amendment cycle within 18 months after the report is determined
6324to be sufficient by the state land planning agency, except the
6325state land planning agency may grant an extension for adoption
6326of a portion of such amendments. The state land planning agency
6327may grant a 6-month extension for the adoption of such
6328amendments if the request is justified by good and sufficient
6329cause as determined by the agency. An additional extension may
6330also be granted if the request will result in greater
6331coordination between transportation and land use, for the
6332purposes of improving Florida's transportation system, as
6333determined by the agency in coordination with the Metropolitan
6334Planning Organization program. Beginning July 1, 2006, failure
6335to timely adopt and transmit update amendments to the
6336comprehensive plan based on the evaluation and appraisal report
6337shall result in a local government being prohibited from
6338adopting amendments to the comprehensive plan until the
6339evaluation and appraisal report update amendments have been
6340adopted and transmitted to the state land planning agency. The
6341prohibition on plan amendments shall commence when the update
6342amendments to the comprehensive plan are past due. The
6343comprehensive plan as amended shall be in compliance as defined
6344in s. 163.3184(1)(b). Within 6 months after the effective date
6345of the update amendments to the comprehensive plan, the local
6346government shall provide to the state land planning agency and
6347to all agencies designated by rule a complete copy of the
6348updated comprehensive plan.
6349     (11)  The Administration Commission may impose the
6350sanctions provided by s. 163.3184(11) against any local
6351government that fails to adopt and submit a report, or that
6352fails to implement its report through timely and sufficient
6353amendments to its local plan, except for reasons of excusable
6354delay or valid planning reasons agreed to by the state land
6355planning agency or found present by the Administration
6356Commission. Sanctions for untimely or insufficient plan
6357amendments shall be prospective only and shall begin after a
6358final order has been issued by the Administration Commission and
6359a reasonable period of time has been allowed for the local
6360government to comply with an adverse determination by the
6361Administration Commission through adoption of plan amendments
6362that are in compliance. The state land planning agency may
6363initiate, and an affected person may intervene in, such a
6364proceeding by filing a petition with the Division of
6365Administrative Hearings, which shall appoint an administrative
6366law judge and conduct a hearing pursuant to ss. 120.569 and
6367120.57(1) and shall submit a recommended order to the
6368Administration Commission. The affected local government shall
6369be a party to any such proceeding. The commission may implement
6370this subsection by rule.
6371     (5)(12)  The state land planning agency may shall not adopt
6372rules to implement this section, other than procedural rules or
6373a schedule indicating when local governments must comply with
6374the requirements of this section.
6375     (13)  The state land planning agency shall regularly review
6376the evaluation and appraisal report process and submit a report
6377to the Governor, the Administration Commission, the Speaker of
6378the House of Representatives, the President of the Senate, and
6379the respective community affairs committees of the Senate and
6380the House of Representatives. The first report shall be
6381submitted by December 31, 2004, and subsequent reports shall be
6382submitted every 5 years thereafter. At least 9 months before the
6383due date of each report, the Secretary of Community Affairs
6384shall appoint a technical committee of at least 15 members to
6385assist in the preparation of the report. The membership of the
6386technical committee shall consist of representatives of local
6387governments, regional planning councils, the private sector, and
6388environmental organizations. The report shall assess the
6389effectiveness of the evaluation and appraisal report process.
6390     (14)  The requirement of subsection (10) prohibiting a
6391local government from adopting amendments to the local
6392comprehensive plan until the evaluation and appraisal report
6393update amendments have been adopted and transmitted to the state
6394land planning agency does not apply to a plan amendment proposed
6395for adoption by the appropriate local government as defined in
6396s. 163.3178(2)(k) in order to integrate a port comprehensive
6397master plan with the coastal management element of the local
6398comprehensive plan as required by s. 163.3178(2)(k) if the port
6399comprehensive master plan or the proposed plan amendment does
6400not cause or contribute to the failure of the local government
6401to comply with the requirements of the evaluation and appraisal
6402report.
6403     Section 21.  Paragraph (b) of subsection (2) of section
6404163.3217, Florida Statutes, is amended to read:
6405     163.3217  Municipal overlay for municipal incorporation.-
6406     (2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6407OVERLAY.-
6408     (b)1.  A municipal overlay shall be adopted as an amendment
6409to the local government comprehensive plan as prescribed by s.
6410163.3184.
6411     2.  A county may consider the adoption of a municipal
6412overlay without regard to the provisions of s. 163.3187(1)
6413regarding the frequency of adoption of amendments to the local
6414comprehensive plan.
6415     Section 22.  Subsection (3) of section 163.3220, Florida
6416Statutes, is amended to read:
6417     163.3220  Short title; legislative intent.-
6418     (3)  In conformity with, in furtherance of, and to
6419implement the Community Local Government Comprehensive Planning
6420and Land Development Regulation Act and the Florida State
6421Comprehensive Planning Act of 1972, it is the intent of the
6422Legislature to encourage a stronger commitment to comprehensive
6423and capital facilities planning, ensure the provision of
6424adequate public facilities for development, encourage the
6425efficient use of resources, and reduce the economic cost of
6426development.
6427     Section 23.  Subsections (2) and (11) of section 163.3221,
6428Florida Statutes, are amended to read:
6429     163.3221  Florida Local Government Development Agreement
6430Act; definitions.-As used in ss. 163.3220-163.3243:
6431     (2)  "Comprehensive plan" means a plan adopted pursuant to
6432the Community "Local Government Comprehensive Planning and Land
6433Development Regulation Act."
6434     (11)  "Local planning agency" means the agency designated
6435to prepare a comprehensive plan or plan amendment pursuant to
6436the Community "Florida Local Government Comprehensive Planning
6437and Land Development Regulation Act."
6438     Section 24.  Section 163.3229, Florida Statutes, is amended
6439to read:
6440     163.3229  Duration of a development agreement and
6441relationship to local comprehensive plan.-The duration of a
6442development agreement may shall not exceed 30 20 years, unless
6443it is. It may be extended by mutual consent of the governing
6444body and the developer, subject to a public hearing in
6445accordance with s. 163.3225. No development agreement shall be
6446effective or be implemented by a local government unless the
6447local government's comprehensive plan and plan amendments
6448implementing or related to the agreement are found in compliance
6449by the state land planning agency in accordance with s.
6450163.3184, s. 163.3187, or s. 163.3189.
6451     Section 25.  Section 163.3235, Florida Statutes, is amended
6452to read:
6453     163.3235  Periodic review of a development agreement.-A
6454local government shall review land subject to a development
6455agreement at least once every 12 months to determine if there
6456has been demonstrated good faith compliance with the terms of
6457the development agreement. For each annual review conducted
6458during years 6 through 10 of a development agreement, the review
6459shall be incorporated into a written report which shall be
6460submitted to the parties to the agreement and the state land
6461planning agency. The state land planning agency shall adopt
6462rules regarding the contents of the report, provided that the
6463report shall be limited to the information sufficient to
6464determine the extent to which the parties are proceeding in good
6465faith to comply with the terms of the development agreement. If
6466the local government finds, on the basis of substantial
6467competent evidence, that there has been a failure to comply with
6468the terms of the development agreement, the agreement may be
6469revoked or modified by the local government.
6470     Section 26.  Section 163.3239, Florida Statutes, is amended
6471to read:
6472     163.3239  Recording and effectiveness of a development
6473agreement.-Within 14 days after a local government enters into a
6474development agreement, the local government shall record the
6475agreement with the clerk of the circuit court in the county
6476where the local government is located. A copy of the recorded
6477development agreement shall be submitted to the state land
6478planning agency within 14 days after the agreement is recorded.
6479A development agreement is shall not be effective until it is
6480properly recorded in the public records of the county and until
648130 days after having been received by the state land planning
6482agency pursuant to this section. The burdens of the development
6483agreement shall be binding upon, and the benefits of the
6484agreement shall inure to, all successors in interest to the
6485parties to the agreement.
6486     Section 27.  Section 163.3243, Florida Statutes, is amended
6487to read:
6488     163.3243  Enforcement.-Any party or, any aggrieved or
6489adversely affected person as defined in s. 163.3215(2), or the
6490state land planning agency may file an action for injunctive
6491relief in the circuit court where the local government is
6492located to enforce the terms of a development agreement or to
6493challenge compliance of the agreement with the provisions of ss.
6494163.3220-163.3243.
6495     Section 28.  Section 163.3245, Florida Statutes, is amended
6496to read:
6497     163.3245  Optional Sector plans.-
6498     (1)  In recognition of the benefits of conceptual long-
6499range planning for the buildout of an area, and detailed
6500planning for specific areas, as a demonstration project, the
6501requirements of s. 380.06 may be addressed as identified by this
6502section for up to five local governments or combinations of
6503local governments may which adopt into their the comprehensive
6504plans a plan an optional sector plan in accordance with this
6505section. This section is intended to promote and encourage long-
6506term planning for conservation, development, and agriculture on
6507a landscape scale; to further the intent of s. 163.3177(11),
6508which supports innovative and flexible planning and development
6509strategies, and the purposes of this part, and part I of chapter
6510380; to facilitate protection of regionally significant
6511resources, including, but not limited to, regionally significant
6512water courses and wildlife corridors;, and to avoid duplication
6513of effort in terms of the level of data and analysis required
6514for a development of regional impact, while ensuring the
6515adequate mitigation of impacts to applicable regional resources
6516and facilities, including those within the jurisdiction of other
6517local governments, as would otherwise be provided. Optional
6518Sector plans are intended for substantial geographic areas that
6519include including at least 15,000 5,000 acres of one or more
6520local governmental jurisdictions and are to emphasize urban form
6521and protection of regionally significant resources and public
6522facilities. A The state land planning agency may approve
6523optional sector plans of less than 5,000 acres based on local
6524circumstances if it is determined that the plan would further
6525the purposes of this part and part I of chapter 380. Preparation
6526of an optional sector plan is authorized by agreement between
6527the state land planning agency and the applicable local
6528governments under s. 163.3171(4). An optional sector plan may be
6529adopted through one or more comprehensive plan amendments under
6530s. 163.3184. However, an optional sector plan may not be adopted
6531authorized in an area of critical state concern.
6532     (2)  Upon the request of a local government having
6533jurisdiction, The state land planning agency may enter into an
6534agreement to authorize preparation of an optional sector plan
6535upon the request of one or more local governments based on
6536consideration of problems and opportunities presented by
6537existing development trends; the effectiveness of current
6538comprehensive plan provisions; the potential to further the
6539state comprehensive plan, applicable strategic regional policy
6540plans, this part, and part I of chapter 380; and those factors
6541identified by s. 163.3177(10)(i). the applicable regional
6542planning council shall conduct a scoping meeting with affected
6543local governments and those agencies identified in s.
6544163.3184(1)(c)(4) before preparation of the sector plan
6545execution of the agreement authorized by this section. The
6546purpose of this meeting is to assist the state land planning
6547agency and the local government in the identification of the
6548relevant planning issues to be addressed and the data and
6549resources available to assist in the preparation of the sector
6550plan subsequent plan amendments. If a scoping meeting is
6551conducted, the regional planning council shall make written
6552recommendations to the state land planning agency and affected
6553local governments on the issues requested by the local
6554government. The scoping meeting shall be noticed and open to the
6555public. If the entire planning area proposed for the sector plan
6556is within the jurisdiction of two or more local governments,
6557some or all of them may enter into a joint planning agreement
6558pursuant to s. 163.3171 with respect to, including whether a
6559sustainable sector plan would be appropriate. The agreement must
6560define the geographic area to be subject to the sector plan, the
6561planning issues that will be emphasized, procedures requirements
6562for intergovernmental coordination to address
6563extrajurisdictional impacts, supporting application materials
6564including data and analysis, and procedures for public
6565participation, or other issues. An agreement may address
6566previously adopted sector plans that are consistent with the
6567standards in this section. Before executing an agreement under
6568this subsection, the local government shall hold a duly noticed
6569public workshop to review and explain to the public the optional
6570sector planning process and the terms and conditions of the
6571proposed agreement. The local government shall hold a duly
6572noticed public hearing to execute the agreement. All meetings
6573between the department and the local government must be open to
6574the public.
6575     (3)  Optional Sector planning encompasses two levels:
6576adoption pursuant to under s. 163.3184 of a conceptual long-term
6577master plan for the entire planning area as part of the
6578comprehensive plan, and adoption by local development order of
6579two or more buildout overlay to the comprehensive plan, having
6580no immediate effect on the issuance of development orders or the
6581applicability of s. 380.06, and adoption under s. 163.3184 of
6582detailed specific area plans that implement the conceptual long-
6583term master plan buildout overlay and authorize issuance of
6584development orders, and within which s. 380.06 is waived. Until
6585such time as a detailed specific area plan is adopted, the
6586underlying future land use designations apply.
6587     (a)  In addition to the other requirements of this chapter,
6588a long-term master plan pursuant to this section conceptual
6589long-term buildout overlay must include maps, illustrations, and
6590text supported by data and analysis to address the following:
6591     1.  A long-range conceptual framework map that, at a
6592minimum, generally depicts identifies anticipated areas of
6593urban, agricultural, rural, and conservation land use,
6594identifies allowed uses in various parts of the planning area,
6595specifies maximum and minimum densities and intensities of use,
6596and provides the general framework for the development pattern
6597in developed areas with graphic illustrations based on a
6598hierarchy of places and functional place-making components.
6599     2.  A general identification of the water supplies needed
6600and available sources of water, including water resource
6601development and water supply development projects, and water
6602conservation measures needed to meet the projected demand of the
6603future land uses in the long-term master plan.
6604     3.  A general identification of the transportation
6605facilities to serve the future land uses in the long-term master
6606plan, including guidelines to be used to establish each modal
6607component intended to optimize mobility.
6608     4.2.  A general identification of other regionally
6609significant public facilities consistent with chapter 9J-2,
6610Florida Administrative Code, irrespective of local governmental
6611jurisdiction necessary to support buildout of the anticipated
6612future land uses, which may include central utilities provided
6613onsite within the planning area, and policies setting forth the
6614procedures to be used to mitigate the impacts of future land
6615uses on public facilities.
6616     5.3.  A general identification of regionally significant
6617natural resources within the planning area based on the best
6618available data and policies setting forth the procedures for
6619protection or conservation of specific resources consistent with
6620the overall conservation and development strategy for the
6621planning area consistent with chapter 9J-2, Florida
6622Administrative Code.
6623     6.4.  General principles and guidelines addressing that
6624address the urban form and the interrelationships of anticipated
6625future land uses; the protection and, as appropriate,
6626restoration and management of lands identified for permanent
6627preservation through recordation of conservation easements
6628consistent with s. 704.06, which shall be phased or staged in
6629coordination with detailed specific area plans to reflect phased
6630or staged development within the planning area; and a
6631discussion, at the applicant's option, of the extent, if any, to
6632which the plan will address restoring key ecosystems, achieving
6633a more clean, healthy environment;, limiting urban sprawl;
6634providing a range of housing types;, protecting wildlife and
6635natural areas;, advancing the efficient use of land and other
6636resources;, and creating quality communities of a design that
6637promotes travel by multiple transportation modes; and enhancing
6638the prospects for the creation of jobs.
6639     7.5.  Identification of general procedures and policies to
6640facilitate ensure intergovernmental coordination to address
6641extrajurisdictional impacts from the future land uses long-range
6642conceptual framework map.
6643
6644A long-term master plan adopted pursuant to this section may be
6645based upon a planning period longer than the generally
6646applicable planning period of the local comprehensive plan,
6647shall specify the projected population within the planning area
6648during the chosen planning period, and may include a phasing or
6649staging schedule that allocates a portion of the local
6650government's future growth to the planning area through the
6651planning period. A long-term master plan adopted pursuant to
6652this section is not required to demonstrate need based upon
6653projected population growth or on any other basis.
6654     (b)  In addition to the other requirements of this chapter,
6655including those in paragraph (a), the detailed specific area
6656plans shall be consistent with the long-term master plan and
6657must include conditions and commitments that provide for:
6658     1.  Development or conservation of an area of adequate size
6659to accommodate a level of development which achieves a
6660functional relationship between a full range of land uses within
6661the area and to encompass at least 1,000 acres consistent with
6662the long-term master plan. The local government state land
6663planning agency may approve detailed specific area plans of less
6664than 1,000 acres based on local circumstances if it is
6665determined that the detailed specific area plan furthers the
6666purposes of this part and part I of chapter 380.
6667     2.  Detailed identification and analysis of the maximum and
6668minimum densities and intensities of use and the distribution,
6669extent, and location of future land uses.
6670     3.  Detailed identification of water resource development
6671and water supply development projects and related infrastructure
6672and water conservation measures to address water needs of
6673development in the detailed specific area plan.
6674     4.  Detailed identification of the transportation
6675facilities to serve the future land uses in the detailed
6676specific area plan.
6677     5.3.  Detailed identification of other regionally
6678significant public facilities, including public facilities
6679outside the jurisdiction of the host local government,
6680anticipated impacts of future land uses on those facilities, and
6681required improvements consistent with the long-term master plan
6682chapter 9J-2, Florida Administrative Code.
6683     6.4.  Public facilities necessary to serve development in
6684the detailed specific area plan for the short term, including
6685developer contributions in a financially feasible 5-year capital
6686improvement schedule of the affected local government.
6687     7.5.  Detailed analysis and identification of specific
6688measures to ensure assure the protection or conservation of
6689lands identified in the long-term master plan to be permanently
6690preserved within the planning area through recordation of a
6691conservation easement consistent with s. 704.06 and, as
6692appropriate, restored or managed, of regionally significant
6693natural resources and other important resources both within and
6694outside the host jurisdiction, including those regionally
6695significant resources identified in chapter 9J-2, Florida
6696Administrative Code.
6697     8.6.  Detailed principles and guidelines addressing that
6698address the urban form and the interrelationships of anticipated
6699future land uses; and a discussion, at the applicant's option,
6700of the extent, if any, to which the plan will address restoring
6701key ecosystems, achieving a more clean, healthy environment;,
6702limiting urban sprawl; providing a range of housing types;,
6703protecting wildlife and natural areas;, advancing the efficient
6704use of land and other resources;, and creating quality
6705communities of a design that promotes travel by multiple
6706transportation modes; and enhancing the prospects for the
6707creation of jobs.
6708     9.7.  Identification of specific procedures to facilitate
6709ensure intergovernmental coordination to address
6710extrajurisdictional impacts from of the detailed specific area
6711plan.
6712
6713A detailed specific area plan adopted by local development order
6714pursuant to this section may be based upon a planning period
6715longer than the generally applicable planning period of the
6716local comprehensive plan and shall specify the projected
6717population within the specific planning area during the chosen
6718planning period. A detailed specific area plan adopted pursuant
6719to this section is not required to demonstrate need based upon
6720projected population growth or on any other basis.
6721     (c)  In its review of a long-term master plan, the state
6722land planning agency shall consult with the Department of
6723Agriculture and Consumer Services, the Department of
6724Environmental Protection, the Fish and Wildlife Conservation
6725Commission, and the applicable water management district
6726regarding the design of areas for protection and conservation of
6727regionally significant natural resources and for the protection
6728and, as appropriate, restoration and management of lands
6729identified for permanent preservation.
6730     (d)  In its review of a long-term master plan, the state
6731land planning agency shall consult with the Department of
6732Transportation, the applicable metropolitan planning
6733organization, and any urban transit agency regarding the
6734location, capacity, design, and phasing or staging of major
6735transportation facilities in the planning area.
6736     (e)  The state land planning agency may initiate a civil
6737action pursuant to s. 163.3215 with respect to a detailed
6738specific area plan that is not consistent with a long-term
6739master plan adopted pursuant to this section. For purposes of
6740such a proceeding, the state land planning agency shall be
6741deemed an aggrieved and adversely affected party. Regardless of
6742whether the local government has adopted an ordinance that
6743establishes a local process that meets the requirements of s.
6744163.3215(4), judicial review of a detailed specific area plan
6745initiated by the state land planning agency shall be de novo
6746pursuant to s. 163.3215(3) and not by petition for writ of
6747certiorari pursuant to s. 163.3215(4). Any other aggrieved or
6748adversely affected party shall be subject to s. 163.3215 in all
6749respects when initiating a consistency challenge to a detailed
6750specific area plan.
6751     (f)(c)  This subsection does may not be construed to
6752prevent preparation and approval of the optional sector plan and
6753detailed specific area plan concurrently or in the same
6754submission.
6755     (4)  Upon the long-term master plan becoming legally
6756effective:
6757     (a)  Any long-range transportation plan developed by a
6758metropolitan planning organization pursuant to s. 339.175(7)
6759must be consistent, to the maximum extent feasible, with the
6760long-term master plan, including, but not limited to, the
6761projected population and the approved uses and densities and
6762intensities of use and their distribution within the planning
6763area. The transportation facilities identified in adopted plans
6764pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
6765in coordination with the adopted M.P.O. long-range
6766transportation plan.
6767     (b)  The water needs, sources and water resource
6768development, and water supply development projects identified in
6769adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
6770be incorporated into the applicable district and regional water
6771supply plans adopted in accordance with ss. 373.036 and 373.709.
6772Accordingly, and notwithstanding the permit durations stated in
6773s. 373.236, an applicant may request and the applicable district
6774may issue consumptive use permits for durations commensurate
6775with the long-term master plan or detailed specific area plan,
6776considering the ability of the master plan area to contribute to
6777regional water supply availability and the need to maximize
6778reasonable-beneficial use of the water resource. The permitting
6779criteria in s. 373.223 shall be applied based upon the projected
6780population and the approved densities and intensities of use and
6781their distribution in the long-term master plan; however, the
6782allocation of the water may be phased over the permit duration
6783to correspond to actual projected needs. This paragraph does not
6784supersede the public interest test set forth in s. 373.223. The
6785host local government shall submit a monitoring report to the
6786state land planning agency and applicable regional planning
6787council on an annual basis after adoption of a detailed specific
6788area plan. The annual monitoring report must provide summarized
6789information on development orders issued, development that has
6790occurred, public facility improvements made, and public facility
6791improvements anticipated over the upcoming 5 years.
6792     (5)  When a plan amendment adopting a detailed specific
6793area plan has become effective for a portion of the planning
6794area governed by a long-term master plan adopted pursuant to
6795this section under ss. 163.3184 and 163.3189(2), the provisions
6796of s. 380.06 does do not apply to development within the
6797geographic area of the detailed specific area plan. However, any
6798development-of-regional-impact development order that is vested
6799from the detailed specific area plan may be enforced pursuant to
6800under s. 380.11.
6801     (a)  The local government adopting the detailed specific
6802area plan is primarily responsible for monitoring and enforcing
6803the detailed specific area plan. Local governments may shall not
6804issue any permits or approvals or provide any extensions of
6805services to development that are not consistent with the
6806detailed specific sector area plan.
6807     (b)  If the state land planning agency has reason to
6808believe that a violation of any detailed specific area plan, or
6809of any agreement entered into under this section, has occurred
6810or is about to occur, it may institute an administrative or
6811judicial proceeding to prevent, abate, or control the conditions
6812or activity creating the violation, using the procedures in s.
6813380.11.
6814     (c)  In instituting an administrative or judicial
6815proceeding involving a an optional sector plan or detailed
6816specific area plan, including a proceeding pursuant to paragraph
6817(b), the complaining party shall comply with the requirements of
6818s. 163.3215(4), (5), (6), and (7), except as provided by
6819paragraph (3)(e).
6820     (d)  The detailed specific area plan shall establish a
6821buildout date until which the approved development is not
6822subject to downzoning, unit density reduction, or intensity
6823reduction, unless the local government can demonstrate that
6824implementation of the plan is not continuing in good faith based
6825on standards established by plan policy, that substantial
6826changes in the conditions underlying the approval of the
6827detailed specific area plan have occurred, that the detailed
6828specific area plan was based on substantially inaccurate
6829information provided by the applicant, or that the change is
6830clearly established to be essential to the public health,
6831safety, or welfare.
6832     (6)  Concurrent with or subsequent to review and adoption
6833of a long-term master plan pursuant to paragraph (3)(a), an
6834applicant may apply for master development approval pursuant to
6835s. 380.06(21) for the entire planning area in order to establish
6836a buildout date until which the approved uses and densities and
6837intensities of use of the master plan are not subject to
6838downzoning, unit density reduction, or intensity reduction,
6839unless the local government can demonstrate that implementation
6840of the master plan is not continuing in good faith based on
6841standards established by plan policy, that substantial changes
6842in the conditions underlying the approval of the master plan
6843have occurred, that the master plan was based on substantially
6844inaccurate information provided by the applicant, or that change
6845is clearly established to be essential to the public health,
6846safety, or welfare. Review of the application for master
6847development approval shall be at a level of detail appropriate
6848for the long-term and conceptual nature of the long-term master
6849plan and, to the maximum extent possible, may only consider
6850information provided in the application for a long-term master
6851plan. Notwithstanding s. 380.06, an increment of development in
6852such an approved master development plan must be approved by a
6853detailed specific area plan pursuant to paragraph (3)(b) and is
6854exempt from review pursuant to s. 380.06.
6855     (6)  Beginning December 1, 1999, and each year thereafter,
6856the department shall provide a status report to the Legislative
6857Committee on Intergovernmental Relations regarding each optional
6858sector plan authorized under this section.
6859     (7)  A developer within an area subject to a long-term
6860master plan that meets the requirements of paragraph (3)(a) and
6861subsection (6) or a detailed specific area plan that meets the
6862requirements of paragraph (3)(b) may enter into a development
6863agreement with a local government pursuant to ss. 163.3220-
6864163.3243. The duration of such a development agreement may be
6865through the planning period of the long-term master plan or the
6866detailed specific area plan, as the case may be, notwithstanding
6867the limit on the duration of a development agreement pursuant to
6868s. 163.3229.
6869     (8)  Any owner of property within the planning area of a
6870proposed long-term master plan may withdraw his consent to the
6871master plan at any time prior to local government adoption, and
6872the local government shall exclude such parcels from the adopted
6873master plan. Thereafter, the long-term master plan, any detailed
6874specific area plan, and the exemption from development-of-
6875regional-impact review under this section do not apply to the
6876subject parcels. After adoption of a long-term master plan, an
6877owner may withdraw his or her property from the master plan only
6878with the approval of the local government by plan amendment
6879adopted and reviewed pursuant to s. 163.3184.
6880     (9)  The adoption of a long-term master plan or a detailed
6881specific area plan pursuant to this section does not limit the
6882right to continue existing agricultural or silvicultural uses or
6883other natural resource-based operations or to establish similar
6884new uses that are consistent with the plans approved pursuant to
6885this section.
6886     (10)  The state land planning agency may enter into an
6887agreement with a local government that, on or before July 1,
68882011, adopted a large-area comprehensive plan amendment
6889consisting of at least 15,000 acres that meets the requirements
6890for a long-term master plan in paragraph (3)(a), after notice
6891and public hearing by the local government, and thereafter,
6892notwithstanding s. 380.06, this part, or any planning agreement
6893or plan policy, the large-area plan shall be implemented through
6894detailed specific area plans that meet the requirements of
6895paragraph (3)(b) and shall otherwise be subject to this section.
6896     (11)  Notwithstanding this section, a detailed specific
6897area plan to implement a conceptual long-term buildout overlay,
6898adopted by a local government and found in compliance before
6899July 1, 2011, shall be governed by this section.
6900     (12)  Notwithstanding s. 380.06, this part, or any planning
6901agreement or plan policy, a landowner or developer who has
6902received approval of a master development-of-regional-impact
6903development order pursuant to s. 380.06(21) may apply to
6904implement this order by filing one or more applications to
6905approve a detailed specific area plan pursuant to paragraph
6906(3)(b).
6907     (13)(7)  This section may not be construed to abrogate the
6908rights of any person under this chapter.
6909     Section 29.  Sections 163.3246, 163.32465, and 163.3247,
6910Florida Statutes, are repealed.
6911     Section 30.  Section 163.3248, Florida Statutes, is created
6912to read:
6913     163.3248  Rural land stewardship areas.-
6914     (1)  Rural land stewardship areas are designed to establish
6915a long-term incentive based strategy to balance and guide the
6916allocation of land so as to accommodate future land uses in a
6917manner that protects the natural environment, stimulate economic
6918growth and diversification, and encourage the retention of land
6919for agriculture and other traditional rural land uses.
6920     (2)  Upon written request by one or more landowners to
6921designate lands as a rural land stewardship area, or pursuant to
6922a private sector initiated comprehensive plan amendment local
6923governments may adopt a future land use overlay to designate all
6924or portions of lands classified in the future land use element
6925as predominantly agricultural, rural, open, open-rural, or a
6926substantively equivalent land use, as a rural land stewardship
6927area within which planning and economic incentives are applied
6928to encourage the implementation of innovative and flexible
6929planning and development strategies and creative land use
6930planning techniques to support a diverse economic and employment
6931base.
6932     (3)  Rural land stewardship areas may be used to further
6933the following broad principles of rural sustainability:
6934restoration and maintenance of the economic value of rural land;
6935control of urban sprawl; identification and protection of
6936ecosystems, habitats, and natural resources; promotion and
6937diversification of economic activity and employment
6938opportunities within the rural areas; maintenance of the
6939viability of the state's agricultural economy; and protection of
6940private property rights in rural areas of the state. Rural land
6941stewardship areas may be multicounty in order to encourage
6942coordinated regional stewardship planning.
6943     (4)  A local government or one or more property owners may
6944request assistance and participation in the development of a
6945plan for the rural land stewardship area from the state land
6946planning agency, the Department of Agriculture and Consumer
6947Services, the Fish and Wildlife Conservation Commission, the
6948Department of Environmental Protection, the appropriate water
6949management district, the Department of Transportation, the
6950regional planning council, private land owners, and
6951stakeholders.
6952     (5)  A rural land stewardship area shall be not less than
695310,000 acres, shall be located outside of municipalities and
6954established urban service areas, and shall be designated by plan
6955amendment by each local government with jurisdiction over the
6956rural land stewardship area. The plan amendment or amendments
6957designating a rural land stewardship area are subject to review
6958pursuant to s. 163.3184 and shall provide for the following:
6959     (a)  Criteria for the designation of receiving areas which
6960shall, at a minimum, provide for the following: adequacy of
6961suitable land to accommodate development so as to avoid conflict
6962with significant environmentally sensitive areas, resources, and
6963habitats; compatibility between and transition from higher
6964density uses to lower intensity rural uses; and the
6965establishment of receiving area service boundaries that provide
6966for a transition from receiving areas and other land uses within
6967the rural land stewardship area through limitations on the
6968extension of services.
6969     (b)  Innovative planning and development strategies to be
6970applied within rural land stewardship areas pursuant to this
6971section.
6972     (c)  A process for the implementation of innovative
6973planning and development strategies within the rural land
6974stewardship area, including those described in this subsection,
6975which provide for a functional mix of land uses through the
6976adoption by the local government of zoning and land development
6977regulations applicable to the rural land stewardship area.
6978     (d)  A mix of densities and intensities that would not be
6979characterized as urban sprawl through the use of innovative
6980strategies and creative land use techniques.
6981     (6)  A receiving area may be designated only pursuant to
6982procedures established in the local government's land
6983development regulations. If receiving area designation requires
6984the approval of the county board of county commissioners, such
6985approval shall be by resolution with a simple majority vote.
6986Before the commencement of development within a stewardship
6987receiving area, a listed species survey must be performed for
6988the area proposed for development. If listed species occur on
6989the receiving area development site, the applicant must
6990coordinate with each appropriate local, state, or federal agency
6991to determine if adequate provisions have been made to protect
6992those species in accordance with applicable regulations. In
6993determining the adequacy of provisions for the protection of
6994listed species and their habitats, the rural land stewardship
6995area shall be considered as a whole, and the potential impacts
6996and protective measures taken within areas to be developed as
6997receiving areas shall be considered in conjunction with and
6998compensated by lands set aside and protective measures taken
6999within the designated sending areas.
7000     (7)  Upon the adoption of a plan amendment creating a rural
7001land stewardship area, the local government shall, by ordinance,
7002establish a rural land stewardship overlay zoning district,
7003which shall provide the methodology for the creation,
7004conveyance, and use of transferable rural land use credits,
7005hereinafter referred to as stewardship credits, the assignment
7006and application of which does not constitute a right to develop
7007land or increase the density of land, except as provided by this
7008section. The total amount of stewardship credits within the
7009rural land stewardship area must enable the realization of the
7010long-term vision and goals for the rural land stewardship area,
7011which may take into consideration the anticipated effect of the
7012proposed receiving areas. The estimated amount of receiving area
7013shall be projected based on available data, and the development
7014potential represented by the stewardship credits created within
7015the rural land stewardship area must correlate to that amount.
7016     (8)  Stewardship credits are subject to the following
7017limitations:
7018     (a)  Stewardship credits may exist only within a rural land
7019stewardship area.
7020     (b)  Stewardship credits may be created only from lands
7021designated as stewardship sending areas and may be used only on
7022lands designated as stewardship receiving areas and then solely
7023for the purpose of implementing innovative planning and
7024development strategies and creative land use planning techniques
7025adopted by the local government pursuant to this section.
7026     (c)  Stewardship credits assigned to a parcel of land
7027within a rural land stewardship area shall cease to exist if the
7028parcel of land is removed from the rural land stewardship area
7029by plan amendment.
7030     (d)  Neither the creation of the rural land stewardship
7031area by plan amendment nor the adoption of the rural land
7032stewardship zoning overlay district by the local government may
7033displace the underlying permitted uses or the density or
7034intensity of land uses assigned to a parcel of land within the
7035rural land stewardship area that existed before adoption of the
7036plan amendment or zoning overlay district; however, once
7037stewardship credits have been transferred from a designated
7038sending area for use within a designated receiving area, the
7039underlying density assigned to the designated sending area
7040ceases to exist.
7041     (e)  The underlying permitted uses, density, or intensity
7042on each parcel of land located within a rural land stewardship
7043area may not be increased or decreased by the local government,
7044except as a result of the conveyance or stewardship credits, as
7045long as the parcel remains within the rural land stewardship
7046area.
7047     (f)  Stewardship credits shall cease to exist on a parcel
7048of land where the underlying density assigned to the parcel of
7049land is used.
7050     (g)  An increase in the density or intensity of use on a
7051parcel of land located within a designated receiving area may
7052occur only through the assignment or use of stewardship credits
7053and do not require a plan amendment. A change in the type of
7054agricultural use on property within a rural land stewardship
7055area is not considered a change in use or intensity of use and
7056does not require any transfer of stewardship credits.
7057     (h)  A change in the density or intensity of land use on
7058parcels located within receiving areas shall be specified in a
7059development order that reflects the total number of stewardship
7060credits assigned to the parcel of land and the infrastructure
7061and support services necessary to provide for a functional mix
7062of land uses corresponding to the plan of development.
7063     (i)  Land within a rural land stewardship area may be
7064removed from the rural land stewardship area through a plan
7065amendment.
7066     (j)  Stewardship credits may be assigned at different
7067ratios of credits per acre according to the natural resource or
7068other beneficial use characteristics of the land and according
7069to the land use remaining after the transfer of credits, with
7070the highest number of credits per acre assigned to the most
7071environmentally valuable land or, in locations where the
7072retention of open space and agricultural land is a priority, to
7073such lands.
7074     (k)  The use or conveyance of stewardship credits must be
7075recorded in the public records of the county in which the
7076property is located as a covenant or restrictive easement
7077running with the land in favor of the county and either the
7078Department of Environmental Protection, the Department of
7079Agriculture and Consumer Services, a water management district,
7080or a recognized statewide land trust.
7081     (9)  Owners of land within rural land stewardship sending
7082areas should be provided other incentives, in addition to the
7083use or conveyance of stewardship credits, to enter into rural
7084land stewardship agreements, pursuant to existing law and rules
7085adopted thereto, with state agencies, water management
7086districts, the Fish and Wildlife Conservation Commission, and
7087local governments to achieve mutually agreed upon objectives.
7088Such incentives may include, but are not limited to, the
7089following:
7090     (a)  Opportunity to accumulate transferable wetland and
7091species habitat mitigation credits for use or sale.
7092     (b)  Extended permit agreements.
7093     (c)  Opportunities for recreational leases and ecotourism.
7094     (d)  Compensation for the achievement of specified land
7095management activities of public benefit, including, but not
7096limited to, facility siting and corridors, recreational leases,
7097water conservation and storage, water reuse, wastewater
7098recycling, water supply and water resource development, nutrient
7099reduction, environmental restoration and mitigation, public
7100recreation, listed species protection and recovery, and wildlife
7101corridor management and enhancement.
7102     (e)  Option agreements for sale to public entities or
7103private land conservation entities, in either fee or easement,
7104upon achievement of specified conservation objectives.
7105     (10)  This section constitutes an overlay of land use
7106options that provide economic and regulatory incentives for
7107landowners outside of established and planned urban service
7108areas to conserve and manage vast areas of land for the benefit
7109of the state's citizens and natural environment while
7110maintaining and enhancing the asset value of their landholdings.
7111It is the intent of the Legislature that this section be
7112implemented pursuant to law and rulemaking is not authorized.
7113     (11)  It is the intent of the Legislature that the rural
7114land stewardship area located in Collier County, which was
7115established pursuant to the requirements of a final order by the
7116Governor and Cabinet, duly adopted as a growth management plan
7117amendment by Collier County, and found in compliance with this
7118chapter, be recognized as a statutory rural land stewardship
7119area and be afforded the incentives in this section.
7120     Section 31.  Paragraph (a) of subsection (2) of section
7121163.360, Florida Statutes, is amended to read:
7122     163.360  Community redevelopment plans.-
7123     (2)  The community redevelopment plan shall:
7124     (a)  Conform to the comprehensive plan for the county or
7125municipality as prepared by the local planning agency under the
7126Community Local Government Comprehensive Planning and Land
7127Development Regulation Act.
7128     Section 32.  Paragraph (a) of subsection (3) and subsection
7129(8) of section 163.516, Florida Statutes, are amended to read:
7130     163.516  Safe neighborhood improvement plans.-
7131     (3)  The safe neighborhood improvement plan shall:
7132     (a)  Be consistent with the adopted comprehensive plan for
7133the county or municipality pursuant to the Community Local
7134Government Comprehensive Planning and Land Development
7135Regulation Act. No district plan shall be implemented unless the
7136local governing body has determined said plan is consistent.
7137     (8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7138the governing body of a municipality or county shall hold two
7139public hearings to consider the board-adopted safe neighborhood
7140improvement plan as an amendment or modification to the
7141municipality's or county's adopted local comprehensive plan.
7142     Section 33.  Paragraph (f) of subsection (6), subsection
7143(9), and paragraph (c) of subsection (11) of section 171.203,
7144Florida Statutes, are amended to read:
7145     171.203  Interlocal service boundary agreement.-The
7146governing body of a county and one or more municipalities or
7147independent special districts within the county may enter into
7148an interlocal service boundary agreement under this part. The
7149governing bodies of a county, a municipality, or an independent
7150special district may develop a process for reaching an
7151interlocal service boundary agreement which provides for public
7152participation in a manner that meets or exceeds the requirements
7153of subsection (13), or the governing bodies may use the process
7154established in this section.
7155     (6)  An interlocal service boundary agreement may address
7156any issue concerning service delivery, fiscal responsibilities,
7157or boundary adjustment. The agreement may include, but need not
7158be limited to, provisions that:
7159     (f)  Establish a process for land use decisions consistent
7160with part II of chapter 163, including those made jointly by the
7161governing bodies of the county and the municipality, or allow a
7162municipality to adopt land use changes consistent with part II
7163of chapter 163 for areas that are scheduled to be annexed within
7164the term of the interlocal agreement; however, the county
7165comprehensive plan and land development regulations shall
7166control until the municipality annexes the property and amends
7167its comprehensive plan accordingly. Comprehensive plan
7168amendments to incorporate the process established by this
7169paragraph are exempt from the twice-per-year limitation under s.
7170163.3187.
7171     (9)  Each local government that is a party to the
7172interlocal service boundary agreement shall amend the
7173intergovernmental coordination element of its comprehensive
7174plan, as described in s. 163.3177(6)(h)1., no later than 6
7175months following entry of the interlocal service boundary
7176agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7177required by this subsection are exempt from the twice-per-year
7178limitation under s. 163.3187.
7179     (11)
7180     (c)  Any amendment required by paragraph (a) is exempt from
7181the twice-per-year limitation under s. 163.3187.
7182     Section 34.  Section 186.513, Florida Statutes, is amended
7183to read:
7184     186.513  Reports.-Each regional planning council shall
7185prepare and furnish an annual report on its activities to the
7186state land planning agency as defined in s. 163.3164(20) and the
7187local general-purpose governments within its boundaries and,
7188upon payment as may be established by the council, to any
7189interested person. The regional planning councils shall make a
7190joint report and recommendations to appropriate legislative
7191committees.
7192     Section 35.  Section 186.515, Florida Statutes, is amended
7193to read:
7194     186.515  Creation of regional planning councils under
7195chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7196186.515 is intended to repeal or limit the provisions of chapter
7197163; however, the local general-purpose governments serving as
7198voting members of the governing body of a regional planning
7199council created pursuant to ss. 186.501-186.507, 186.513, and
7200186.515 are not authorized to create a regional planning council
7201pursuant to chapter 163 unless an agency, other than a regional
7202planning council created pursuant to ss. 186.501-186.507,
7203186.513, and 186.515, is designated to exercise the powers and
7204duties in any one or more of ss. 163.3164(19) and 380.031(15);
7205in which case, such a regional planning council is also without
7206authority to exercise the powers and duties in s. 163.3164(19)
7207or s. 380.031(15).
7208     Section 36.  Subsection (1) of section 189.415, Florida
7209Statutes, is amended to read:
7210     189.415  Special district public facilities report.-
7211     (1)  It is declared to be the policy of this state to
7212foster coordination between special districts and local general-
7213purpose governments as those local general-purpose governments
7214develop comprehensive plans under the Community Local Government
7215Comprehensive Planning and Land Development Regulation Act,
7216pursuant to part II of chapter 163.
7217     Section 37.  Subsection (3) of section 190.004, Florida
7218Statutes, is amended to read:
7219     190.004  Preemption; sole authority.-
7220     (3)  The establishment of an independent community
7221development district as provided in this act is not a
7222development order within the meaning of chapter 380. All
7223governmental planning, environmental, and land development laws,
7224regulations, and ordinances apply to all development of the land
7225within a community development district. Community development
7226districts do not have the power of a local government to adopt a
7227comprehensive plan, building code, or land development code, as
7228those terms are defined in the Community Local Government
7229Comprehensive Planning and Land Development Regulation Act. A
7230district shall take no action which is inconsistent with
7231applicable comprehensive plans, ordinances, or regulations of
7232the applicable local general-purpose government.
7233     Section 38.  Paragraph (a) of subsection (1) of section
7234190.005, Florida Statutes, is amended to read:
7235     190.005  Establishment of district.-
7236     (1)  The exclusive and uniform method for the establishment
7237of a community development district with a size of 1,000 acres
7238or more shall be pursuant to a rule, adopted under chapter 120
7239by the Florida Land and Water Adjudicatory Commission, granting
7240a petition for the establishment of a community development
7241district.
7242     (a)  A petition for the establishment of a community
7243development district shall be filed by the petitioner with the
7244Florida Land and Water Adjudicatory Commission. The petition
7245shall contain:
7246     1.  A metes and bounds description of the external
7247boundaries of the district. Any real property within the
7248external boundaries of the district which is to be excluded from
7249the district shall be specifically described, and the last known
7250address of all owners of such real property shall be listed. The
7251petition shall also address the impact of the proposed district
7252on any real property within the external boundaries of the
7253district which is to be excluded from the district.
7254     2.  The written consent to the establishment of the
7255district by all landowners whose real property is to be included
7256in the district or documentation demonstrating that the
7257petitioner has control by deed, trust agreement, contract, or
7258option of 100 percent of the real property to be included in the
7259district, and when real property to be included in the district
7260is owned by a governmental entity and subject to a ground lease
7261as described in s. 190.003(14), the written consent by such
7262governmental entity.
7263     3.  A designation of five persons to be the initial members
7264of the board of supervisors, who shall serve in that office
7265until replaced by elected members as provided in s. 190.006.
7266     4.  The proposed name of the district.
7267     5.  A map of the proposed district showing current major
7268trunk water mains and sewer interceptors and outfalls if in
7269existence.
7270     6.  Based upon available data, the proposed timetable for
7271construction of the district services and the estimated cost of
7272constructing the proposed services. These estimates shall be
7273submitted in good faith but are shall not be binding and may be
7274subject to change.
7275     7.  A designation of the future general distribution,
7276location, and extent of public and private uses of land proposed
7277for the area within the district by the future land use plan
7278element of the effective local government comprehensive plan of
7279which all mandatory elements have been adopted by the applicable
7280general-purpose local government in compliance with the
7281Community Local Government Comprehensive Planning and Land
7282Development Regulation Act.
7283     8.  A statement of estimated regulatory costs in accordance
7284with the requirements of s. 120.541.
7285     Section 39.  Paragraph (i) of subsection (6) of section
7286193.501, Florida Statutes, is amended to read:
7287     193.501  Assessment of lands subject to a conservation
7288easement, environmentally endangered lands, or lands used for
7289outdoor recreational or park purposes when land development
7290rights have been conveyed or conservation restrictions have been
7291covenanted.-
7292     (6)  The following terms whenever used as referred to in
7293this section have the following meanings unless a different
7294meaning is clearly indicated by the context:
7295     (i)  "Qualified as environmentally endangered" means land
7296that has unique ecological characteristics, rare or limited
7297combinations of geological formations, or features of a rare or
7298limited nature constituting habitat suitable for fish, plants,
7299or wildlife, and which, if subject to a development moratorium
7300or one or more conservation easements or development
7301restrictions appropriate to retaining such land or water areas
7302predominantly in their natural state, would be consistent with
7303the conservation, recreation and open space, and, if applicable,
7304coastal protection elements of the comprehensive plan adopted by
7305formal action of the local governing body pursuant to s.
7306163.3161, the Community Local Government Comprehensive Planning
7307and Land Development Regulation Act; or surface waters and
7308wetlands, as determined by the methodology ratified in s.
7309373.4211.
7310     Section 40.  Subsection (15) of section 287.042, Florida
7311Statutes, is amended to read:
7312     287.042  Powers, duties, and functions.-The department
7313shall have the following powers, duties, and functions:
7314     (15)  To enter into joint agreements with governmental
7315agencies, as defined in s. 163.3164(10), for the purpose of
7316pooling funds for the purchase of commodities or information
7317technology that can be used by multiple agencies.
7318     (a)  Each agency that has been appropriated or has existing
7319funds for such purchase, shall, upon contract award by the
7320department, transfer their portion of the funds into the
7321department's Operating Trust Fund for payment by the department.
7322The funds shall be transferred by the Executive Office of the
7323Governor pursuant to the agency budget amendment request
7324provisions in chapter 216.
7325     (b)  Agencies that sign the joint agreements are
7326financially obligated for their portion of the agreed-upon
7327funds. If an agency becomes more than 90 days delinquent in
7328paying the funds, the department shall certify to the Chief
7329Financial Officer the amount due, and the Chief Financial
7330Officer shall transfer the amount due to the Operating Trust
7331Fund of the department from any of the agency's available funds.
7332The Chief Financial Officer shall report these transfers and the
7333reasons for the transfers to the Executive Office of the
7334Governor and the legislative appropriations committees.
7335     Section 41.  Subsection (4) of section 288.063, Florida
7336Statutes, is amended to read:
7337     288.063  Contracts for transportation projects.-
7338     (4)  The Office of Tourism, Trade, and Economic Development
7339may adopt criteria by which transportation projects are to be
7340reviewed and certified in accordance with s. 288.061. In
7341approving transportation projects for funding, the Office of
7342Tourism, Trade, and Economic Development shall consider factors
7343including, but not limited to, the cost per job created or
7344retained considering the amount of transportation funds
7345requested; the average hourly rate of wages for jobs created;
7346the reliance on the program as an inducement for the project's
7347location decision; the amount of capital investment to be made
7348by the business; the demonstrated local commitment; the location
7349of the project in an enterprise zone designated pursuant to s.
7350290.0055; the location of the project in a spaceport territory
7351as defined in s. 331.304; the unemployment rate of the
7352surrounding area; and the poverty rate of the community; and the
7353adoption of an economic element as part of its local
7354comprehensive plan in accordance with s. 163.3177(7)(j). The
7355Office of Tourism, Trade, and Economic Development may contact
7356any agency it deems appropriate for additional input regarding
7357the approval of projects.
7358     Section 42.  Paragraph (a) of subsection (2), subsection
7359(10), and paragraph (d) of subsection (12) of section 288.975,
7360Florida Statutes, are amended to read:
7361     288.975  Military base reuse plans.-
7362     (2)  As used in this section, the term:
7363     (a)  "Affected local government" means a local government
7364adjoining the host local government and any other unit of local
7365government that is not a host local government but that is
7366identified in a proposed military base reuse plan as providing,
7367operating, or maintaining one or more public facilities as
7368defined in s. 163.3164(24) on lands within or serving a military
7369base designated for closure by the Federal Government.
7370     (10)  Within 60 days after receipt of a proposed military
7371base reuse plan, these entities shall review and provide
7372comments to the host local government. The commencement of this
7373review period shall be advertised in newspapers of general
7374circulation within the host local government and any affected
7375local government to allow for public comment. No later than 180
7376days after receipt and consideration of all comments, and the
7377holding of at least two public hearings, the host local
7378government shall adopt the military base reuse plan. The host
7379local government shall comply with the notice requirements set
7380forth in s. 163.3184(11)(15) to ensure full public participation
7381in this planning process.
7382     (12)  Following receipt of a petition, the petitioning
7383party or parties and the host local government shall seek
7384resolution of the issues in dispute. The issues in dispute shall
7385be resolved as follows:
7386     (d)  Within 45 days after receiving the report from the
7387state land planning agency, the Administration Commission shall
7388take action to resolve the issues in dispute. In deciding upon a
7389proper resolution, the Administration Commission shall consider
7390the nature of the issues in dispute, any requests for a formal
7391administrative hearing pursuant to chapter 120, the compliance
7392of the parties with this section, the extent of the conflict
7393between the parties, the comparative hardships and the public
7394interest involved. If the Administration Commission incorporates
7395in its final order a term or condition that requires any local
7396government to amend its local government comprehensive plan, the
7397local government shall amend its plan within 60 days after the
7398issuance of the order. Such amendment or amendments shall be
7399exempt from the limitation of the frequency of plan amendments
7400contained in s. 163.3187(1), and A public hearing on such
7401amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
7402shall not be required. The final order of the Administration
7403Commission is subject to appeal pursuant to s. 120.68. If the
7404order of the Administration Commission is appealed, the time for
7405the local government to amend its plan shall be tolled during
7406the pendency of any local, state, or federal administrative or
7407judicial proceeding relating to the military base reuse plan.
7408     Section 43.  Subsection (4) of section 290.0475, Florida
7409Statutes, is amended to read:
7410     290.0475  Rejection of grant applications; penalties for
7411failure to meet application conditions.-Applications received
7412for funding under all program categories shall be rejected
7413without scoring only in the event that any of the following
7414circumstances arise:
7415     (4)  The application is not consistent with the local
7416government's comprehensive plan adopted pursuant to s.
7417163.3184(7).
7418     Section 44.  Paragraph (c) of subsection (3) of section
7419311.07, Florida Statutes, is amended to read:
7420     311.07  Florida seaport transportation and economic
7421development funding.-
7422     (3)
7423     (c)  To be eligible for consideration by the council
7424pursuant to this section, a project must be consistent with the
7425port comprehensive master plan which is incorporated as part of
7426the approved local government comprehensive plan as required by
7427s. 163.3178(2)(k) or other provisions of the Community Local
7428Government Comprehensive Planning and Land Development
7429Regulation Act, part II of chapter 163.
7430     Section 45.  Subsection (1) of section 331.319, Florida
7431Statutes, is amended to read:
7432     331.319  Comprehensive planning; building and safety
7433codes.-The board of directors may:
7434     (1)  Adopt, and from time to time review, amend,
7435supplement, or repeal, a comprehensive general plan for the
7436physical development of the area within the spaceport territory
7437in accordance with the objectives and purposes of this act and
7438consistent with the comprehensive plans of the applicable county
7439or counties and municipality or municipalities adopted pursuant
7440to the Community Local Government Comprehensive Planning and
7441Land Development Regulation Act, part II of chapter 163.
7442     Section 46.  Paragraph (e) of subsection (5) of section
7443339.155, Florida Statutes, is amended to read:
7444     339.155  Transportation planning.-
7445     (5)  ADDITIONAL TRANSPORTATION PLANS.-
7446     (e)  The regional transportation plan developed pursuant to
7447this section must, at a minimum, identify regionally significant
7448transportation facilities located within a regional
7449transportation area and contain a prioritized list of regionally
7450significant projects. The level-of-service standards for
7451facilities to be funded under this subsection shall be adopted
7452by the appropriate local government in accordance with s.
7453163.3180(10). The projects shall be adopted into the capital
7454improvements schedule of the local government comprehensive plan
7455pursuant to s. 163.3177(3).
7456     Section 47.  Paragraph (a) of subsection (4) of section
7457339.2819, Florida Statutes, is amended to read:
7458     339.2819  Transportation Regional Incentive Program.-
7459     (4)(a)  Projects to be funded with Transportation Regional
7460Incentive Program funds shall, at a minimum:
7461     1.  Support those transportation facilities that serve
7462national, statewide, or regional functions and function as an
7463integrated regional transportation system.
7464     2.  Be identified in the capital improvements element of a
7465comprehensive plan that has been determined to be in compliance
7466with part II of chapter 163, after July 1, 2005, or to implement
7467a long-term concurrency management system adopted by a local
7468government in accordance with s. 163.3180(9). Further, the
7469project shall be in compliance with local government
7470comprehensive plan policies relative to corridor management.
7471     3.  Be consistent with the Strategic Intermodal System Plan
7472developed under s. 339.64.
7473     4.  Have a commitment for local, regional, or private
7474financial matching funds as a percentage of the overall project
7475cost.
7476     Section 48.  Subsection (5) of section 369.303, Florida
7477Statutes, is amended to read:
7478     369.303  Definitions.-As used in this part:
7479     (5)  "Land development regulation" means a regulation
7480covered by the definition in s. 163.3164(23) and any of the
7481types of regulations described in s. 163.3202.
7482     Section 49.  Subsections (5) and (7) of section 369.321,
7483Florida Statutes, are amended to read:
7484     369.321  Comprehensive plan amendments.-Except as otherwise
7485expressly provided, by January 1, 2006, each local government
7486within the Wekiva Study Area shall amend its local government
7487comprehensive plan to include the following:
7488     (5)  Comprehensive plans and comprehensive plan amendments
7489adopted by the local governments to implement this section shall
7490be reviewed by the Department of Community Affairs pursuant to
7491s. 163.3184, and shall be exempt from the provisions of s.
7492163.3187(1).
7493     (7)  During the period prior to the adoption of the
7494comprehensive plan amendments required by this act, any local
7495comprehensive plan amendment adopted by a city or county that
7496applies to land located within the Wekiva Study Area shall
7497protect surface and groundwater resources and be reviewed by the
7498Department of Community Affairs, pursuant to chapter 163 and
7499chapter 9J-5, Florida Administrative Code, using best available
7500data, including the information presented to the Wekiva River
7501Basin Coordinating Committee.
7502     Section 50.  Subsection (1) of section 378.021, Florida
7503Statutes, is amended to read:
7504     378.021  Master reclamation plan.-
7505     (1)  The Department of Environmental Protection shall amend
7506the master reclamation plan that provides guidelines for the
7507reclamation of lands mined or disturbed by the severance of
7508phosphate rock prior to July 1, 1975, which lands are not
7509subject to mandatory reclamation under part II of chapter 211.
7510In amending the master reclamation plan, the Department of
7511Environmental Protection shall continue to conduct an onsite
7512evaluation of all lands mined or disturbed by the severance of
7513phosphate rock prior to July 1, 1975, which lands are not
7514subject to mandatory reclamation under part II of chapter 211.
7515The master reclamation plan when amended by the Department of
7516Environmental Protection shall be consistent with local
7517government plans prepared pursuant to the Community Local
7518Government Comprehensive Planning and Land Development
7519Regulation Act.
7520     Section 51.  Subsection (10) of section 380.031, Florida
7521Statutes, is amended to read:
7522     380.031  Definitions.-As used in this chapter:
7523     (10)  "Local comprehensive plan" means any or all local
7524comprehensive plans or elements or portions thereof prepared,
7525adopted, or amended pursuant to the Community Local Government
7526Comprehensive Planning and Land Development Regulation Act, as
7527amended.
7528     Section 52.  Paragraph (b) of subsection (6), paragraph (c)
7529of subsection (19), subsection (24), paragraph (e) of subsection
7530(28), and paragraphs (a), (d), and (e) of subsection (29) of
7531section 380.06, Florida Statutes, are amended, and subsection
7532(30) is added to that section, to read:
7533     380.06  Developments of regional impact.-
7534     (6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7535PLAN AMENDMENTS.-
7536     (b)  Any local government comprehensive plan amendments
7537related to a proposed development of regional impact, including
7538any changes proposed under subsection (19), may be initiated by
7539a local planning agency or the developer and must be considered
7540by the local governing body at the same time as the application
7541for development approval using the procedures provided for local
7542plan amendment in s. 163.3187 or s. 163.3189 and applicable
7543local ordinances, without regard to statutory or local ordinance
7544limits on the frequency of consideration of amendments to the
7545local comprehensive plan. Nothing in This paragraph does not
7546shall be deemed to require favorable consideration of a plan
7547amendment solely because it is related to a development of
7548regional impact. The procedure for processing such comprehensive
7549plan amendments is as follows:
7550     1.  If a developer seeks a comprehensive plan amendment
7551related to a development of regional impact, the developer must
7552so notify in writing the regional planning agency, the
7553applicable local government, and the state land planning agency
7554no later than the date of preapplication conference or the
7555submission of the proposed change under subsection (19).
7556     2.  When filing the application for development approval or
7557the proposed change, the developer must include a written
7558request for comprehensive plan amendments that would be
7559necessitated by the development-of-regional-impact approvals
7560sought. That request must include data and analysis upon which
7561the applicable local government can determine whether to
7562transmit the comprehensive plan amendment pursuant to s.
7563163.3184.
7564     3.  The local government must advertise a public hearing on
7565the transmittal within 30 days after filing the application for
7566development approval or the proposed change and must make a
7567determination on the transmittal within 60 days after the
7568initial filing unless that time is extended by the developer.
7569     4.  If the local government approves the transmittal,
7570procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7571followed.
7572     5.  Notwithstanding subsection (11) or subsection (19), the
7573local government may not hold a public hearing on the
7574application for development approval or the proposed change or
7575on the comprehensive plan amendments sooner than 30 days from
7576receipt of the response from the state land planning agency
7577pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7578local governments to adopt, adopt with changes, or not adopt
7579plan amendments pursuant to s. 163.3184(7) shall not apply to
7580concurrent plan amendments provided for in this subsection.
7581     6.  The local government must hear both the application for
7582development approval or the proposed change and the
7583comprehensive plan amendments at the same hearing. However, the
7584local government must take action separately on the application
7585for development approval or the proposed change and on the
7586comprehensive plan amendments.
7587     7.  Thereafter, the appeal process for the local government
7588development order must follow the provisions of s. 380.07, and
7589the compliance process for the comprehensive plan amendments
7590must follow the provisions of s. 163.3184.
7591     (19)  SUBSTANTIAL DEVIATIONS.-
7592     (c)  An extension of the date of buildout of a development,
7593or any phase thereof, by more than 7 years is presumed to create
7594a substantial deviation subject to further development-of-
7595regional-impact review.
7596     1.  An extension of the date of buildout, or any phase
7597thereof, of more than 5 years but not more than 7 years is
7598presumed not to create a substantial deviation. The extension of
7599the date of buildout of an areawide development of regional
7600impact by more than 5 years but less than 10 years is presumed
7601not to create a substantial deviation. These presumptions may be
7602rebutted by clear and convincing evidence at the public hearing
7603held by the local government. An extension of 5 years or less is
7604not a substantial deviation.
7605     2.  In recognition of the 2011 real estate market
7606conditions, at the option of the developer, all commencement,
7607phase, buildout, and expiration dates for projects that are
7608currently valid developments of regional impact are extended for
76097 years regardless of any previous extension. Associated
7610mitigation requirements are extended for the same period. The 7-
7611year extension is not a substantial deviation, is not subject to
7612further development-of-regional-impact review, and may not be
7613considered when determining whether a subsequent extension is a
7614substantial deviation under this subsection. The developer must
7615notify the local government in writing by December 31, 2011, in
7616order to receive the 7-year extension.
7617
7618For the purpose of calculating when a buildout or phase date has
7619been exceeded, the time shall be tolled during the pendency of
7620administrative or judicial proceedings relating to development
7621permits. Any extension of the buildout date of a project or a
7622phase thereof shall automatically extend the commencement date
7623of the project, the termination date of the development order,
7624the expiration date of the development of regional impact, and
7625the phases thereof if applicable by a like period of time. In
7626recognition of the 2007 real estate market conditions, all
7627phase, buildout, and expiration dates for projects that are
7628developments of regional impact and under active construction on
7629July 1, 2007, are extended for 3 years regardless of any prior
7630extension. The 3-year extension is not a substantial deviation,
7631is not subject to further development-of-regional-impact review,
7632and may not be considered when determining whether a subsequent
7633extension is a substantial deviation under this subsection.
7634     (24)  STATUTORY EXEMPTIONS.-
7635     (a)  Any proposed hospital is exempt from the provisions of
7636this section.
7637     (b)  Any proposed electrical transmission line or
7638electrical power plant is exempt from the provisions of this
7639section.
7640     (c)  Any proposed addition to an existing sports facility
7641complex is exempt from the provisions of this section if the
7642addition meets the following characteristics:
7643     1.  It would not operate concurrently with the scheduled
7644hours of operation of the existing facility.
7645     2.  Its seating capacity would be no more than 75 percent
7646of the capacity of the existing facility.
7647     3.  The sports facility complex property is owned by a
7648public body prior to July 1, 1983.
7649
7650This exemption does not apply to any pari-mutuel facility.
7651     (d)  Any proposed addition or cumulative additions
7652subsequent to July 1, 1988, to an existing sports facility
7653complex owned by a state university is exempt if the increased
7654seating capacity of the complex is no more than 30 percent of
7655the capacity of the existing facility.
7656     (e)  Any addition of permanent seats or parking spaces for
7657an existing sports facility located on property owned by a
7658public body prior to July 1, 1973, is exempt from the provisions
7659of this section if future additions do not expand existing
7660permanent seating or parking capacity more than 15 percent
7661annually in excess of the prior year's capacity.
7662     (f)  Any increase in the seating capacity of an existing
7663sports facility having a permanent seating capacity of at least
766450,000 spectators is exempt from the provisions of this section,
7665provided that such an increase does not increase permanent
7666seating capacity by more than 5 percent per year and not to
7667exceed a total of 10 percent in any 5-year period, and provided
7668that the sports facility notifies the appropriate local
7669government within which the facility is located of the increase
7670at least 6 months prior to the initial use of the increased
7671seating, in order to permit the appropriate local government to
7672develop a traffic management plan for the traffic generated by
7673the increase. Any traffic management plan shall be consistent
7674with the local comprehensive plan, the regional policy plan, and
7675the state comprehensive plan.
7676     (g)  Any expansion in the permanent seating capacity or
7677additional improved parking facilities of an existing sports
7678facility is exempt from the provisions of this section, if the
7679following conditions exist:
7680     1.a.  The sports facility had a permanent seating capacity
7681on January 1, 1991, of at least 41,000 spectator seats;
7682     b.  The sum of such expansions in permanent seating
7683capacity does not exceed a total of 10 percent in any 5-year
7684period and does not exceed a cumulative total of 20 percent for
7685any such expansions; or
7686     c.  The increase in additional improved parking facilities
7687is a one-time addition and does not exceed 3,500 parking spaces
7688serving the sports facility; and
7689     2.  The local government having jurisdiction of the sports
7690facility includes in the development order or development permit
7691approving such expansion under this paragraph a finding of fact
7692that the proposed expansion is consistent with the
7693transportation, water, sewer and stormwater drainage provisions
7694of the approved local comprehensive plan and local land
7695development regulations relating to those provisions.
7696
7697Any owner or developer who intends to rely on this statutory
7698exemption shall provide to the department a copy of the local
7699government application for a development permit. Within 45 days
7700of receipt of the application, the department shall render to
7701the local government an advisory and nonbinding opinion, in
7702writing, stating whether, in the department's opinion, the
7703prescribed conditions exist for an exemption under this
7704paragraph. The local government shall render the development
7705order approving each such expansion to the department. The
7706owner, developer, or department may appeal the local government
7707development order pursuant to s. 380.07, within 45 days after
7708the order is rendered. The scope of review shall be limited to
7709the determination of whether the conditions prescribed in this
7710paragraph exist. If any sports facility expansion undergoes
7711development-of-regional-impact review, all previous expansions
7712which were exempt under this paragraph shall be included in the
7713development-of-regional-impact review.
7714     (h)  Expansion to port harbors, spoil disposal sites,
7715navigation channels, turning basins, harbor berths, and other
7716related inwater harbor facilities of ports listed in s.
7717403.021(9)(b), port transportation facilities and projects
7718listed in s. 311.07(3)(b), and intermodal transportation
7719facilities identified pursuant to s. 311.09(3) are exempt from
7720the provisions of this section when such expansions, projects,
7721or facilities are consistent with comprehensive master plans
7722that are in compliance with the provisions of s. 163.3178.
7723     (i)  Any proposed facility for the storage of any petroleum
7724product or any expansion of an existing facility is exempt from
7725the provisions of this section.
7726     (j)  Any renovation or redevelopment within the same land
7727parcel which does not change land use or increase density or
7728intensity of use.
7729     (k)  Waterport and marina development, including dry
7730storage facilities, are exempt from the provisions of this
7731section.
7732     (l)  Any proposed development within an urban service
7733boundary established under s. 163.3177(14), which is not
7734otherwise exempt pursuant to subsection (29), is exempt from the
7735provisions of this section if the local government having
7736jurisdiction over the area where the development is proposed has
7737adopted the urban service boundary, has entered into a binding
7738agreement with jurisdictions that would be impacted and with the
7739Department of Transportation regarding the mitigation of impacts
7740on state and regional transportation facilities, and has adopted
7741a proportionate share methodology pursuant to s. 163.3180(16).
7742     (m)  Any proposed development within a rural land
7743stewardship area created under s. 163.3248 163.3177(11)(d) is
7744exempt from the provisions of this section if the local
7745government that has adopted the rural land stewardship area has
7746entered into a binding agreement with jurisdictions that would
7747be impacted and the Department of Transportation regarding the
7748mitigation of impacts on state and regional transportation
7749facilities, and has adopted a proportionate share methodology
7750pursuant to s. 163.3180(16).
7751     (n)  The establishment, relocation, or expansion of any
7752military installation as defined in s. 163.3175, is exempt from
7753this section.
7754     (o)  Any self-storage warehousing that does not allow
7755retail or other services is exempt from this section.
7756     (p)  Any proposed nursing home or assisted living facility
7757is exempt from this section.
7758     (q)  Any development identified in an airport master plan
7759and adopted into the comprehensive plan pursuant to s.
7760163.3177(6)(k) is exempt from this section.
7761     (r)  Any development identified in a campus master plan and
7762adopted pursuant to s. 1013.30 is exempt from this section.
7763     (s)  Any development in a detailed specific area plan which
7764is prepared and adopted pursuant to s. 163.3245 and adopted into
7765the comprehensive plan is exempt from this section.
7766     (t)  Any proposed solid mineral mine and any proposed
7767addition to, expansion of, or change to an existing solid
7768mineral mine is exempt from this section. Proposed changes to
7769any previously approved solid mineral mine development-of-
7770regional-impact development orders having vested rights is not
7771subject to further review or approval as a development-of-
7772regional-impact or notice-of-proposed-change review or approval
7773pursuant to subsection (19), except for those applications
7774pending as of July 1, 2011, which shall be governed by s.
7775380.115(2). Notwithstanding the foregoing, however, pursuant to
7776s. 380.115(1), previously approved solid mineral mine
7777development-of-regional-impact development orders shall continue
7778to enjoy vested rights and continue to be effective unless
7779rescinded by the developer. All local government regulations of
7780proposed solid mineral mines shall be applicable to any new
7781solid mineral mine or to any proposed addition to, expansion of,
7782or change to an existing solid mineral mine.
7783     (u)  Notwithstanding any provisions in an agreement with or
7784among a local government, regional agency, or the state land
7785planning agency or in a local government's comprehensive plan to
7786the contrary, a project no longer subject to development-of-
7787regional-impact review under revised thresholds is not required
7788to undergo such review.
7789     (v)(t)  Any development within a county with a research and
7790education authority created by special act and that is also
7791within a research and development park that is operated or
7792managed by a research and development authority pursuant to part
7793V of chapter 159 is exempt from this section.
7794
7795If a use is exempt from review as a development of regional
7796impact under paragraphs (a)-(u) (a)-(s), but will be part of a
7797larger project that is subject to review as a development of
7798regional impact, the impact of the exempt use must be included
7799in the review of the larger project, unless such exempt use
7800involves a development of regional impact that includes a
7801landowner, tenant, or user that has entered into a funding
7802agreement with the Office of Tourism, Trade, and Economic
7803Development under the Innovation Incentive Program and the
7804agreement contemplates a state award of at least $50 million.
7805     (28)  PARTIAL STATUTORY EXEMPTIONS.-
7806     (e)  The vesting provision of s. 163.3167(5)(8) relating to
7807an authorized development of regional impact does shall not
7808apply to those projects partially exempt from the development-
7809of-regional-impact review process under paragraphs (a)-(d).
7810     (29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
7811     (a)  The following are exempt from this section:
7812     1.  Any proposed development in a municipality that has an
7813average of at least 1,000 people per square mile of land area
7814and a minimum total population of at least 5,000 qualifies as a
7815dense urban land area as defined in s. 163.3164;
7816     2.  Any proposed development within a county that has an
7817average of at least 1,000 people per square mile of land area
7818qualifies as a dense urban land area as defined in s. 163.3164
7819and that is located within an urban service area as defined in
7820s. 163.3164 which has been adopted into the comprehensive plan;
7821or
7822     3.  Any proposed development within a county, including the
7823municipalities located therein, which has a population of at
7824least 900,000, that has an average of at least 1,000 people per
7825square mile of land area which qualifies as a dense urban land
7826area under s. 163.3164, but which does not have an urban service
7827area designated in the comprehensive plan.
7828
7829The Office of Economic and Demographic Research within the
7830Legislature shall annually calculate the population and density
7831criteria needed to determine which jurisdictions meet the
7832density criteria in subparagraphs 1.-3. by using the most recent
7833land area data from the decennial census conducted by the Bureau
7834of the Census of the United States Department of Commerce and
7835the latest available population estimates determined pursuant to
7836s. 186.901. If any local government has had an annexation,
7837contraction, or new incorporation, the Office of Economic and
7838Demographic Research shall determine the population density
7839using the new jurisdictional boundaries as recorded in
7840accordance with s. 171.091. The Office of Economic and
7841Demographic Research shall annually submit to the state land
7842planning agency by July 1 a list of jurisdictions that meet the
7843total population and density criteria. The state land planning
7844agency shall publish the list of jurisdictions on its Internet
7845website within 7 days after the list is received. The
7846designation of jurisdictions that meet the density criteria of
7847subparagraphs 1.-3. is effective upon publication on the state
7848land planning agency's Internet website. Any area that has met
7849the density criteria may not thereafter be removed from the list
7850of areas that qualify.
7851     (d)  A development that is located partially outside an
7852area that is exempt from the development-of-regional-impact
7853program must undergo development-of-regional-impact review
7854pursuant to this section. However, if the total acreage that is
7855included within the area exempt from development-of-regional-
7856impact review exceeds 85 percent of the total acreage and square
7857footage of the approved development of regional impact, the  
7858development-of-regional-impact development order may be
7859rescinded in both local governments pursuant to s. 380.115(1).
7860     (e)  In an area that is exempt under paragraphs (a)-(c),
7861any previously approved development-of-regional-impact
7862development orders shall continue to be effective, but the
7863developer has the option to be governed by s. 380.115(1). A
7864pending application for development approval shall be governed
7865by s. 380.115(2). A development that has a pending application
7866for a comprehensive plan amendment and that elects not to
7867continue development-of-regional-impact review is exempt from
7868the limitation on plan amendments set forth in s. 163.3187(1)
7869for the year following the effective date of the exemption.
7870     (30)  TEMPORARY INCREASES IN THRESHOLDS, STANDARDS, AND
7871SUBSTANTIAL DEVIATIONS.-
7872     (a)  Notwithstanding paragraph (2)(d), a development that
7873is below 150 percent of all numerical thresholds in the
7874guidelines and standards is not required to undergo development-
7875of-regional-impact review. Projects between 100 percent and 150
7876percent of all numerical thresholds shall notify the state land
7877planning agency and the applicable regional planning council of
7878the proposed development plan and shall annually report, for a
7879period of 5 years, progress in developing the development plan.
7880     (b)  Notwithstanding sub-subparagraph (2)(d)1.b., a
7881development that is at or above 200 percent of any numerical
7882threshold must undergo development-of-regional impact review.
7883     (c)  Notwithstanding subparagraph (2)(d)2., it is presumed
7884that a development that is at or above 150 to 200 percent of a
7885numerical threshold is required to undergo development-of-
7886regional-impact review. This presumption may be rebutted by
7887clear and convincing evidence.
7888     (d)  Notwithstanding paragraph (19)(b), the criteria of
7889paragraph (19)(b) shall be increased by 100 percent before a
7890change constitutes a substantial deviation. Projects with
7891changes that would have triggered a substantial deviation under
7892paragraph (19)(b) if this paragraph did not apply shall notify
7893the state land planning agency and the applicable regional
7894planning council of the modified development plan and shall
7895annually report, for a period of 5 years, progress in developing
7896the modified development plan.
7897     (e)  The Office of Program Policy Analysis and Government
7898Accountability shall submit to the Governor, the President of
7899the Senate, and the Speaker of the House of Representatives by
7900December 1, 2017, a report and recommendations for modifying
7901current numerical thresholds and guidelines on what projects
7902constitute a development of regional impact and the criteria for
7903what constitutes a substantial deviation. The Office of Program
7904Policy Analysis and Government Accountability shall review the
7905annual reports of the developments that have notified the state
7906land planning agency that they meet the criteria of this
7907paragraph. The Office of Program Policy Analysis and Government
7908Accountability shall consult the state land planning agency, the
7909regional planning councils, and other reviewing and permitting
7910agencies as appropriate, a sampling of developers with approved
7911developments of regional impact and their representatives, and a
7912sampling of developments reporting on progress in developing and
7913associated local governments and adjacent local governments
7914concerning the experience and recommendations concerning the
7915development-of-regional-impact program. In reviewing the
7916experience relating to the regional impacts of the increased
7917thresholds and criteria, the report should consider changes to
7918thresholds and criteria, removal of categories of development
7919types from the development-of-regional-impact provisions, and
7920the repeal of the program in its entirety.
7921     Section 53.  Paragraph (a) of subsection (8) of section
7922380.061, Florida Statutes, is amended to read:
7923     380.061  The Florida Quality Developments program.-
7924     (8)(a)  Any local government comprehensive plan amendments
7925related to a Florida Quality Development may be initiated by a
7926local planning agency and considered by the local governing body
7927at the same time as the application for development approval,
7928using the procedures provided for local plan amendment in s.
7929163.3187 or s. 163.3189 and applicable local ordinances, without
7930regard to statutory or local ordinance limits on the frequency
7931of consideration of amendments to the local comprehensive plan.
7932Nothing in this subsection shall be construed to require
7933favorable consideration of a Florida Quality Development solely
7934because it is related to a development of regional impact.
7935     Section 54.  Paragraph (a) of subsection (2) of section
7936380.065, Florida Statutes, is amended to read:
7937     380.065  Certification of local government review of
7938development.-
7939     (2)  When a petition is filed, the state land planning
7940agency shall have no more than 90 days to prepare and submit to
7941the Administration Commission a report and recommendations on
7942the proposed certification. In deciding whether to grant
7943certification, the Administration Commission shall determine
7944whether the following criteria are being met:
7945     (a)  The petitioning local government has adopted and
7946effectively implemented a local comprehensive plan and
7947development regulations which comply with ss. 163.3161-163.3215,
7948the Community Local Government Comprehensive Planning and Land
7949Development Regulation Act.
7950     Section 55.  Section 380.0685, Florida Statutes, is amended
7951to read:
7952     380.0685  State park in area of critical state concern in
7953county which creates land authority; surcharge on admission and
7954overnight occupancy.-The Department of Environmental Protection
7955shall impose and collect a surcharge of 50 cents per person per
7956day, or $5 per annual family auto entrance permit, on admission
7957to all state parks in areas of critical state concern located in
7958a county which creates a land authority pursuant to s.
7959380.0663(1), and a surcharge of $2.50 per night per campsite,
7960cabin, or other overnight recreational occupancy unit in state
7961parks in areas of critical state concern located in a county
7962which creates a land authority pursuant to s. 380.0663(1);
7963however, no surcharge shall be imposed or collected under this
7964section for overnight use by nonprofit groups of organized group
7965camps, primitive camping areas, or other facilities intended
7966primarily for organized group use. Such surcharges shall be
7967imposed within 90 days after any county creating a land
7968authority notifies the Department of Environmental Protection
7969that the land authority has been created. The proceeds from such
7970surcharges, less a collection fee that shall be kept by the
7971Department of Environmental Protection for the actual cost of
7972collection, not to exceed 2 percent, shall be transmitted to the
7973land authority of the county from which the revenue was
7974generated. Such funds shall be used to purchase property in the
7975area or areas of critical state concern in the county from which
7976the revenue was generated. An amount not to exceed 10 percent
7977may be used for administration and other costs incident to such
7978purchases. However, the proceeds of the surcharges imposed and
7979collected pursuant to this section in a state park or parks
7980located wholly within a municipality, less the costs of
7981collection as provided herein, shall be transmitted to that
7982municipality for use by the municipality for land acquisition or
7983for beach renourishment or restoration, including, but not
7984limited to, costs associated with any design, permitting,
7985monitoring, and mitigation of such work, as well as the work
7986itself. However, these funds may not be included in any
7987calculation used for providing state matching funds for local
7988contributions for beach renourishment or restoration. The
7989surcharges levied under this section shall remain imposed as
7990long as the land authority is in existence.
7991     Section 56.  Subsection (3) of section 380.115, Florida
7992Statutes, is amended to read:
7993     380.115  Vested rights and duties; effect of size
7994reduction, changes in guidelines and standards.-
7995     (3)  A landowner that has filed an application for a
7996development-of-regional-impact review prior to the adoption of a
7997an optional sector plan pursuant to s. 163.3245 may elect to
7998have the application reviewed pursuant to s. 380.06,
7999comprehensive plan provisions in force prior to adoption of the
8000sector plan, and any requested comprehensive plan amendments
8001that accompany the application.
8002     Section 57.  Subsection (1) of section 403.50665, Florida
8003Statutes, is amended to read:
8004     403.50665  Land use consistency.-
8005     (1)  The applicant shall include in the application a
8006statement on the consistency of the site and any associated
8007facilities that constitute a "development," as defined in s.
8008380.04, with existing land use plans and zoning ordinances that
8009were in effect on the date the application was filed and a full
8010description of such consistency. This information shall include
8011an identification of those associated facilities that the
8012applicant believes are exempt from the requirements of land use
8013plans and zoning ordinances under the provisions of the
8014Community Local Government Comprehensive Planning and Land
8015Development Regulation Act provisions of chapter 163 and s.
8016380.04(3).
8017     Section 58.  Subsection (13) and paragraph (a) of
8018subsection (14) of section 403.973, Florida Statutes, are
8019amended to read:
8020     403.973  Expedited permitting; amendments to comprehensive
8021plans.-
8022     (13)  Notwithstanding any other provisions of law:
8023     (a)  Local comprehensive plan amendments for projects
8024qualified under this section are exempt from the twice-a-year
8025limits provision in s. 163.3187; and
8026     (b)  Projects qualified under this section are not subject
8027to interstate highway level-of-service standards adopted by the
8028Department of Transportation for concurrency purposes. The
8029memorandum of agreement specified in subsection (5) must include
8030a process by which the applicant will be assessed a fair share
8031of the cost of mitigating the project's significant traffic
8032impacts, as defined in chapter 380 and related rules. The
8033agreement must also specify whether the significant traffic
8034impacts on the interstate system will be mitigated through the
8035implementation of a project or payment of funds to the
8036Department of Transportation. Where funds are paid, the
8037Department of Transportation must include in the 5-year work
8038program transportation projects or project phases, in an amount
8039equal to the funds received, to mitigate the traffic impacts
8040associated with the proposed project.
8041     (14)(a)  Challenges to state agency action in the expedited
8042permitting process for projects processed under this section are
8043subject to the summary hearing provisions of s. 120.574, except
8044that the administrative law judge's decision, as provided in s.
8045120.574(2)(f), shall be in the form of a recommended order and
8046do shall not constitute the final action of the state agency. In
8047those proceedings where the action of only one agency of the
8048state other than the Department of Environmental Protection is
8049challenged, the agency of the state shall issue the final order
8050within 45 working days after receipt of the administrative law
8051judge's recommended order, and the recommended order shall
8052inform the parties of their right to file exceptions or
8053responses to the recommended order in accordance with the
8054uniform rules of procedure pursuant to s. 120.54. In those
8055proceedings where the actions of more than one agency of the
8056state are challenged, the Governor shall issue the final order
8057within 45 working days after receipt of the administrative law
8058judge's recommended order, and the recommended order shall
8059inform the parties of their right to file exceptions or
8060responses to the recommended order in accordance with the
8061uniform rules of procedure pursuant to s. 120.54. This paragraph
8062does not apply to the issuance of department licenses required
8063under any federally delegated or approved permit program. In
8064such instances, the department shall enter the final order. The
8065participating agencies of the state may opt at the preliminary
8066hearing conference to allow the administrative law judge's
8067decision to constitute the final agency action. If a
8068participating local government agrees to participate in the
8069summary hearing provisions of s. 120.574 for purposes of review
8070of local government comprehensive plan amendments, s.
8071163.3184(9) and (10) apply.
8072     Section 59.  Subsections (9) and (10) of section 420.5095,
8073Florida Statutes, are amended to read:
8074     420.5095  Community Workforce Housing Innovation Pilot
8075Program.-
8076     (9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
8077local government comprehensive plan amendment to implement a
8078Community Workforce Housing Innovation Pilot Program project
8079found consistent with the provisions of this section shall be
8080expedited as provided in this subsection. At least 30 days prior
8081to adopting a plan amendment under this subsection, the local
8082government shall notify the state land planning agency of its
8083intent to adopt such an amendment, and the notice shall include
8084its evaluation related to site suitability and availability of
8085facilities and services. The public notice of the hearing
8086required by s. 163.3184(11)(15)(b)2. shall include a statement
8087that the local government intends to use the expedited adoption
8088process authorized by this subsection. Such amendments shall
8089require only a single public hearing before the governing board,
8090which shall be an adoption hearing as described in s.
8091163.3184(4)(e)(7). The state land planning agency shall issue
8092its notice of intent pursuant to s. 163.3184(8) within 30 days
8093after determining that the amendment package is complete. Any
8094further proceedings shall be governed by s. ss. 163.3184(5)-
8095(13)(9)-(16). Amendments proposed under this section are not
8096subject to s. 163.3187(1), which limits the adoption of a
8097comprehensive plan amendment to no more than two times during
8098any calendar year.
8099     (10)  The processing of approvals of development orders or
8100development permits, as defined in s. 163.3164(7) and (8), for
8101innovative community workforce housing projects shall be
8102expedited.
8103     Section 60.  Subsection (5) of section 420.615, Florida
8104Statutes, is amended to read:
8105     420.615  Affordable housing land donation density bonus
8106incentives.-
8107     (5)  The local government, as part of the approval process,
8108shall adopt a comprehensive plan amendment, pursuant to part II
8109of chapter 163, for the receiving land that incorporates the
8110density bonus. Such amendment shall be adopted in the manner as
8111required for small-scale amendments pursuant to s. 163.3187, is
8112not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8113and is exempt from the limitation on the frequency of plan
8114amendments as provided in s. 163.3187.
8115     Section 61.  Subsection (16) of section 420.9071, Florida
8116Statutes, is amended to read:
8117     420.9071  Definitions.-As used in ss. 420.907-420.9079, the
8118term:
8119     (16)  "Local housing incentive strategies" means local
8120regulatory reform or incentive programs to encourage or
8121facilitate affordable housing production, which include at a
8122minimum, assurance that permits as defined in s. 163.3164(7) and
8123(8) for affordable housing projects are expedited to a greater
8124degree than other projects; an ongoing process for review of
8125local policies, ordinances, regulations, and plan provisions
8126that increase the cost of housing prior to their adoption; and a
8127schedule for implementing the incentive strategies. Local
8128housing incentive strategies may also include other regulatory
8129reforms, such as those enumerated in s. 420.9076 or those
8130recommended by the affordable housing advisory committee in its
8131triennial evaluation of the implementation of affordable housing
8132incentives, and adopted by the local governing body.
8133     Section 62.  Paragraph (a) of subsection (4) of section
8134420.9076, Florida Statutes, is amended to read:
8135     420.9076  Adoption of affordable housing incentive
8136strategies; committees.-
8137     (4)  Triennially, the advisory committee shall review the
8138established policies and procedures, ordinances, land
8139development regulations, and adopted local government
8140comprehensive plan of the appointing local government and shall
8141recommend specific actions or initiatives to encourage or
8142facilitate affordable housing while protecting the ability of
8143the property to appreciate in value. The recommendations may
8144include the modification or repeal of existing policies,
8145procedures, ordinances, regulations, or plan provisions; the
8146creation of exceptions applicable to affordable housing; or the
8147adoption of new policies, procedures, regulations, ordinances,
8148or plan provisions, including recommendations to amend the local
8149government comprehensive plan and corresponding regulations,
8150ordinances, and other policies. At a minimum, each advisory
8151committee shall submit a report to the local governing body that
8152includes recommendations on, and triennially thereafter
8153evaluates the implementation of, affordable housing incentives
8154in the following areas:
8155     (a)  The processing of approvals of development orders or
8156permits, as defined in s. 163.3164(7) and (8), for affordable
8157housing projects is expedited to a greater degree than other
8158projects.
8159
8160The advisory committee recommendations may also include other
8161affordable housing incentives identified by the advisory
8162committee. Local governments that receive the minimum allocation
8163under the State Housing Initiatives Partnership Program shall
8164perform the initial review but may elect to not perform the
8165triennial review.
8166     Section 63.  Subsection (1) of section 720.403, Florida
8167Statutes, is amended to read:
8168     720.403  Preservation of residential communities; revival
8169of declaration of covenants.-
8170     (1)  Consistent with required and optional elements of
8171local comprehensive plans and other applicable provisions of the
8172Community Local Government Comprehensive Planning and Land
8173Development Regulation Act, homeowners are encouraged to
8174preserve existing residential communities, promote available and
8175affordable housing, protect structural and aesthetic elements of
8176their residential community, and, as applicable, maintain roads
8177and streets, easements, water and sewer systems, utilities,
8178drainage improvements, conservation and open areas, recreational
8179amenities, and other infrastructure and common areas that serve
8180and support the residential community by the revival of a
8181previous declaration of covenants and other governing documents
8182that may have ceased to govern some or all parcels in the
8183community.
8184     Section 64.  Subsection (6) of section 1013.30, Florida
8185Statutes, is amended to read:
8186     1013.30  University campus master plans and campus
8187development agreements.-
8188     (6)  Before a campus master plan is adopted, a copy of the
8189draft master plan must be sent for review or made available
8190electronically to the host and any affected local governments,
8191the state land planning agency, the Department of Environmental
8192Protection, the Department of Transportation, the Department of
8193State, the Fish and Wildlife Conservation Commission, and the
8194applicable water management district and regional planning
8195council. At the request of a governmental entity, a hard copy of
8196the draft master plan shall be submitted within 7 business days
8197of an electronic copy being made available. These agencies must
8198be given 90 days after receipt of the campus master plans in
8199which to conduct their review and provide comments to the
8200university board of trustees. The commencement of this review
8201period must be advertised in newspapers of general circulation
8202within the host local government and any affected local
8203government to allow for public comment. Following receipt and
8204consideration of all comments and the holding of an informal
8205information session and at least two public hearings within the
8206host jurisdiction, the university board of trustees shall adopt
8207the campus master plan. It is the intent of the Legislature that
8208the university board of trustees comply with the notice
8209requirements set forth in s. 163.3184(11)(15) to ensure full
8210public participation in this planning process. The informal
8211public information session must be held before the first public
8212hearing. The first public hearing shall be held before the draft
8213master plan is sent to the agencies specified in this
8214subsection. The second public hearing shall be held in
8215conjunction with the adoption of the draft master plan by the
8216university board of trustees. Campus master plans developed
8217under this section are not rules and are not subject to chapter
8218120 except as otherwise provided in this section.
8219     Section 65.  Section 1013.33, Florida Statutes, are amended
8220to read:
8221     1013.33  Coordination of planning with local governing
8222bodies.-
8223     (1)  It is the policy of this state to require the
8224coordination of planning between boards and local governing
8225bodies to ensure that plans for the construction and opening of
8226public educational facilities are facilitated and coordinated in
8227time and place with plans for residential development,
8228concurrently with other necessary services. Such planning shall
8229include the integration of the educational facilities plan and
8230applicable policies and procedures of a board with the local
8231comprehensive plan and land development regulations of local
8232governments. The planning must include the consideration of
8233allowing students to attend the school located nearest their
8234homes when a new housing development is constructed near a
8235county boundary and it is more feasible to transport the
8236students a short distance to an existing facility in an adjacent
8237county than to construct a new facility or transport students
8238longer distances in their county of residence. The planning must
8239also consider the effects of the location of public education
8240facilities, including the feasibility of keeping central city
8241facilities viable, in order to encourage central city
8242redevelopment and the efficient use of infrastructure and to
8243discourage uncontrolled urban sprawl. In addition, all parties
8244to the planning process must consult with state and local road
8245departments to assist in implementing the Safe Paths to Schools
8246program administered by the Department of Transportation.
8247     (2)(a)  The school board, county, and nonexempt
8248municipalities located within the geographic area of a school
8249district shall enter into an interlocal agreement that jointly
8250establishes the specific ways in which the plans and processes
8251of the district school board and the local governments are to be
8252coordinated. The interlocal agreements shall be submitted to the
8253state land planning agency and the Office of Educational
8254Facilities in accordance with a schedule published by the state
8255land planning agency.
8256     (b)  The schedule must establish staggered due dates for
8257submission of interlocal agreements that are executed by both
8258the local government and district school board, commencing on
8259March 1, 2003, and concluding by December 1, 2004, and must set
8260the same date for all governmental entities within a school
8261district. However, if the county where the school district is
8262located contains more than 20 municipalities, the state land
8263planning agency may establish staggered due dates for the
8264submission of interlocal agreements by these municipalities. The
8265schedule must begin with those areas where both the number of
8266districtwide capital-outlay full-time-equivalent students equals
826780 percent or more of the current year's school capacity and the
8268projected 5-year student growth rate is 1,000 or greater, or
8269where the projected 5-year student growth rate is 10 percent or
8270greater.
8271     (c)  If the student population has declined over the 5-year
8272period preceding the due date for submittal of an interlocal
8273agreement by the local government and the district school board,
8274the local government and district school board may petition the
8275state land planning agency for a waiver of one or more of the
8276requirements of subsection (3). The waiver must be granted if
8277the procedures called for in subsection (3) are unnecessary
8278because of the school district's declining school age
8279population, considering the district's 5-year work program
8280prepared pursuant to s. 1013.35. The state land planning agency
8281may modify or revoke the waiver upon a finding that the
8282conditions upon which the waiver was granted no longer exist.
8283The district school board and local governments must submit an
8284interlocal agreement within 1 year after notification by the
8285state land planning agency that the conditions for a waiver no
8286longer exist.
8287     (d)  Interlocal agreements between local governments and
8288district school boards adopted pursuant to s. 163.3177 before
8289the effective date of subsections (2)-(7) (2)-(9) must be
8290updated and executed pursuant to the requirements of subsections
8291(2)-(7) (2)-(9), if necessary. Amendments to interlocal
8292agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
8293be submitted to the state land planning agency within 30 days
8294after execution by the parties for review consistent with
8295subsections (3) and (4). Local governments and the district
8296school board in each school district are encouraged to adopt a
8297single interlocal agreement in which all join as parties. The
8298state land planning agency shall assemble and make available
8299model interlocal agreements meeting the requirements of
8300subsections (2)-(7) (2)-(9) and shall notify local governments
8301and, jointly with the Department of Education, the district
8302school boards of the requirements of subsections (2)-(7) (2)-
8303(9), the dates for compliance, and the sanctions for
8304noncompliance. The state land planning agency shall be available
8305to informally review proposed interlocal agreements. If the
8306state land planning agency has not received a proposed
8307interlocal agreement for informal review, the state land
8308planning agency shall, at least 60 days before the deadline for
8309submission of the executed agreement, renotify the local
8310government and the district school board of the upcoming
8311deadline and the potential for sanctions.
8312     (3)  At a minimum, the interlocal agreement must address
8313interlocal agreement requirements in s. 163.31777 and, if
8314applicable, s. 163.3180(6)(13)(g), except for exempt local
8315governments as provided in s. 163.3177(12), and must address the
8316following issues:
8317     (a)  A process by which each local government and the
8318district school board agree and base their plans on consistent
8319projections of the amount, type, and distribution of population
8320growth and student enrollment. The geographic distribution of
8321jurisdiction-wide growth forecasts is a major objective of the
8322process.
8323     (b)  A process to coordinate and share information relating
8324to existing and planned public school facilities, including
8325school renovations and closures, and local government plans for
8326development and redevelopment.
8327     (c)  Participation by affected local governments with the
8328district school board in the process of evaluating potential
8329school closures, significant renovations to existing schools,
8330and new school site selection before land acquisition. Local
8331governments shall advise the district school board as to the
8332consistency of the proposed closure, renovation, or new site
8333with the local comprehensive plan, including appropriate
8334circumstances and criteria under which a district school board
8335may request an amendment to the comprehensive plan for school
8336siting.
8337     (d)  A process for determining the need for and timing of
8338onsite and offsite improvements to support new construction,
8339proposed expansion, or redevelopment of existing schools. The
8340process shall address identification of the party or parties
8341responsible for the improvements.
8342     (e)  A process for the school board to inform the local
8343government regarding the effect of comprehensive plan amendments
8344on school capacity. The capacity reporting must be consistent
8345with laws and rules regarding measurement of school facility
8346capacity and must also identify how the district school board
8347will meet the public school demand based on the facilities work
8348program adopted pursuant to s. 1013.35.
8349     (f)  Participation of the local governments in the
8350preparation of the annual update to the school board's 5-year
8351district facilities work program and educational plant survey
8352prepared pursuant to s. 1013.35.
8353     (g)  A process for determining where and how joint use of
8354either school board or local government facilities can be shared
8355for mutual benefit and efficiency.
8356     (h)  A procedure for the resolution of disputes between the
8357district school board and local governments, which may include
8358the dispute resolution processes contained in chapters 164 and
8359186.
8360     (i)  An oversight process, including an opportunity for
8361public participation, for the implementation of the interlocal
8362agreement.
8363     (4)(a)  The Office of Educational Facilities shall submit
8364any comments or concerns regarding the executed interlocal
8365agreement to the state land planning agency within 30 days after
8366receipt of the executed interlocal agreement. The state land
8367planning agency shall review the executed interlocal agreement
8368to determine whether it is consistent with the requirements of
8369subsection (3), the adopted local government comprehensive plan,
8370and other requirements of law. Within 60 days after receipt of
8371an executed interlocal agreement, the state land planning agency
8372shall publish a notice of intent in the Florida Administrative
8373Weekly and shall post a copy of the notice on the agency's
8374Internet site. The notice of intent must state that the
8375interlocal agreement is consistent or inconsistent with the
8376requirements of subsection (3) and this subsection as
8377appropriate.
8378     (b)  The state land planning agency's notice is subject to
8379challenge under chapter 120; however, an affected person, as
8380defined in s. 163.3184(1)(a), has standing to initiate the
8381administrative proceeding, and this proceeding is the sole means
8382available to challenge the consistency of an interlocal
8383agreement required by this section with the criteria contained
8384in subsection (3) and this subsection. In order to have
8385standing, each person must have submitted oral or written
8386comments, recommendations, or objections to the local government
8387or the school board before the adoption of the interlocal
8388agreement by the district school board and local government. The
8389district school board and local governments are parties to any
8390such proceeding. In this proceeding, when the state land
8391planning agency finds the interlocal agreement to be consistent
8392with the criteria in subsection (3) and this subsection, the
8393interlocal agreement must be determined to be consistent with
8394subsection (3) and this subsection if the local government's and
8395school board's determination of consistency is fairly debatable.
8396When the state land planning agency finds the interlocal
8397agreement to be inconsistent with the requirements of subsection
8398(3) and this subsection, the local government's and school
8399board's determination of consistency shall be sustained unless
8400it is shown by a preponderance of the evidence that the
8401interlocal agreement is inconsistent.
8402     (c)  If the state land planning agency enters a final order
8403that finds that the interlocal agreement is inconsistent with
8404the requirements of subsection (3) or this subsection, the state
8405land planning agency shall forward it to the Administration
8406Commission, which may impose sanctions against the local
8407government pursuant to s. 163.3184(11) and may impose sanctions
8408against the district school board by directing the Department of
8409Education to withhold an equivalent amount of funds for school
8410construction available pursuant to ss. 1013.65, 1013.68,
84111013.70, and 1013.72.
8412     (5)  If an executed interlocal agreement is not timely
8413submitted to the state land planning agency for review, the
8414state land planning agency shall, within 15 working days after
8415the deadline for submittal, issue to the local government and
8416the district school board a notice to show cause why sanctions
8417should not be imposed for failure to submit an executed
8418interlocal agreement by the deadline established by the agency.
8419The agency shall forward the notice and the responses to the
8420Administration Commission, which may enter a final order citing
8421the failure to comply and imposing sanctions against the local
8422government and district school board by directing the
8423appropriate agencies to withhold at least 5 percent of state
8424funds pursuant to s. 163.3184(11) and by directing the
8425Department of Education to withhold from the district school
8426board at least 5 percent of funds for school construction
8427available pursuant to ss. 1013.65, 1013.68, 1013.70, and
84281013.72.
8429     (6)  Any local government transmitting a public school
8430element to implement school concurrency pursuant to the
8431requirements of s. 163.3180 before the effective date of this
8432section is not required to amend the element or any interlocal
8433agreement to conform with the provisions of subsections (2)-(6)
8434(2)-(8) if the element is adopted prior to or within 1 year
8435after the effective date of subsections (2)-(6) (2)-(8) and
8436remains in effect.
8437     (7)  Except as provided in subsection (8), municipalities
8438meeting the exemption criteria in s. 163.3177(12) are exempt
8439from the requirements of subsections (2), (3), and (4).
8440     (8)  At the time of the evaluation and appraisal report,
8441each exempt municipality shall assess the extent to which it
8442continues to meet the criteria for exemption under s.
8443163.3177(12). If the municipality continues to meet these
8444criteria, the municipality shall continue to be exempt from the
8445interlocal agreement requirement. Each municipality exempt under
8446s. 163.3177(12) must comply with the provisions of subsections
8447(2)-(8) within 1 year after the district school board proposes,
8448in its 5-year district facilities work program, a new school
8449within the municipality's jurisdiction.
8450     (7)(9)  A board and the local governing body must share and
8451coordinate information related to existing and planned school
8452facilities; proposals for development, redevelopment, or
8453additional development; and infrastructure required to support
8454the school facilities, concurrent with proposed development. A
8455school board shall use information produced by the demographic,
8456revenue, and education estimating conferences pursuant to s.
8457216.136 when preparing the district educational facilities plan
8458pursuant to s. 1013.35, as modified and agreed to by the local
8459governments, when provided by interlocal agreement, and the
8460Office of Educational Facilities, in consideration of local
8461governments' population projections, to ensure that the district
8462educational facilities plan not only reflects enrollment
8463projections but also considers applicable municipal and county
8464growth and development projections. The projections must be
8465apportioned geographically with assistance from the local
8466governments using local government trend data and the school
8467district student enrollment data. A school board is precluded
8468from siting a new school in a jurisdiction where the school
8469board has failed to provide the annual educational facilities
8470plan for the prior year required pursuant to s. 1013.35 unless
8471the failure is corrected.
8472     (8)(10)  The location of educational facilities shall be
8473consistent with the comprehensive plan of the appropriate local
8474governing body developed under part II of chapter 163 and
8475consistent with the plan's implementing land development
8476regulations.
8477     (9)(11)  To improve coordination relative to potential
8478educational facility sites, a board shall provide written notice
8479to the local government that has regulatory authority over the
8480use of the land consistent with an interlocal agreement entered
8481pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
8482to acquiring or leasing property that may be used for a new
8483public educational facility. The local government, upon receipt
8484of this notice, shall notify the board within 45 days if the
8485site proposed for acquisition or lease is consistent with the
8486land use categories and policies of the local government's
8487comprehensive plan. This preliminary notice does not constitute
8488the local government's determination of consistency pursuant to
8489subsection (10) (12).
8490     (10)(12)  As early in the design phase as feasible and
8491consistent with an interlocal agreement entered pursuant to
8492subsections (2)-(6) (2)-(8), but no later than 90 days before
8493commencing construction, the district school board shall in
8494writing request a determination of consistency with the local
8495government's comprehensive plan. The local governing body that
8496regulates the use of land shall determine, in writing within 45
8497days after receiving the necessary information and a school
8498board's request for a determination, whether a proposed
8499educational facility is consistent with the local comprehensive
8500plan and consistent with local land development regulations. If
8501the determination is affirmative, school construction may
8502commence and further local government approvals are not
8503required, except as provided in this section. Failure of the
8504local governing body to make a determination in writing within
850590 days after a district school board's request for a
8506determination of consistency shall be considered an approval of
8507the district school board's application. Campus master plans and
8508development agreements must comply with the provisions of ss.
85091013.30 and 1013.63.
8510     (11)(13)  A local governing body may not deny the site
8511applicant based on adequacy of the site plan as it relates
8512solely to the needs of the school. If the site is consistent
8513with the comprehensive plan's land use policies and categories
8514in which public schools are identified as allowable uses, the
8515local government may not deny the application but it may impose
8516reasonable development standards and conditions in accordance
8517with s. 1013.51(1) and consider the site plan and its adequacy
8518as it relates to environmental concerns, health, safety and
8519welfare, and effects on adjacent property. Standards and
8520conditions may not be imposed which conflict with those
8521established in this chapter or the Florida Building Code, unless
8522mutually agreed and consistent with the interlocal agreement
8523required by subsections (2)-(6) (2)-(8).
8524     (12)(14)  This section does not prohibit a local governing
8525body and district school board from agreeing and establishing an
8526alternative process for reviewing a proposed educational
8527facility and site plan, and offsite impacts, pursuant to an
8528interlocal agreement adopted in accordance with subsections (2)-
8529(6) (2)-(8).
8530     (13)(15)  Existing schools shall be considered consistent
8531with the applicable local government comprehensive plan adopted
8532under part II of chapter 163. If a board submits an application
8533to expand an existing school site, the local governing body may
8534impose reasonable development standards and conditions on the
8535expansion only, and in a manner consistent with s. 1013.51(1).
8536Standards and conditions may not be imposed which conflict with
8537those established in this chapter or the Florida Building Code,
8538unless mutually agreed. Local government review or approval is
8539not required for:
8540     (a)  The placement of temporary or portable classroom
8541facilities; or
8542     (b)  Proposed renovation or construction on existing school
8543sites, with the exception of construction that changes the
8544primary use of a facility, includes stadiums, or results in a
8545greater than 5 percent increase in student capacity, or as
8546mutually agreed upon, pursuant to an interlocal agreement
8547adopted in accordance with subsections (2)-(6)(8).
8548     Section 66.  Paragraph (b) of subsection (2) of section
85491013.35, Florida Statutes, is amended to read:
8550     1013.35  School district educational facilities plan;
8551definitions; preparation, adoption, and amendment; long-term
8552work programs.-
8553     (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
8554FACILITIES PLAN.-
8555     (b)  The plan must also include a financially feasible
8556district facilities work program for a 5-year period. The work
8557program must include:
8558     1.  A schedule of major repair and renovation projects
8559necessary to maintain the educational facilities and ancillary
8560facilities of the district.
8561     2.  A schedule of capital outlay projects necessary to
8562ensure the availability of satisfactory student stations for the
8563projected student enrollment in K-12 programs. This schedule
8564shall consider:
8565     a.  The locations, capacities, and planned utilization
8566rates of current educational facilities of the district. The
8567capacity of existing satisfactory facilities, as reported in the
8568Florida Inventory of School Houses must be compared to the
8569capital outlay full-time-equivalent student enrollment as
8570determined by the department, including all enrollment used in
8571the calculation of the distribution formula in s. 1013.64.
8572     b.  The proposed locations of planned facilities, whether
8573those locations are consistent with the comprehensive plans of
8574all affected local governments, and recommendations for
8575infrastructure and other improvements to land adjacent to
8576existing facilities. The provisions of ss. 1013.33(10), (11),
8577and (12), (13), and (14) and 1013.36 must be addressed for new
8578facilities planned within the first 3 years of the work plan, as
8579appropriate.
8580     c.  Plans for the use and location of relocatable
8581facilities, leased facilities, and charter school facilities.
8582     d.  Plans for multitrack scheduling, grade level
8583organization, block scheduling, or other alternatives that
8584reduce the need for additional permanent student stations.
8585     e.  Information concerning average class size and
8586utilization rate by grade level within the district which will
8587result if the tentative district facilities work program is
8588fully implemented.
8589     f.  The number and percentage of district students planned
8590to be educated in relocatable facilities during each year of the
8591tentative district facilities work program. For determining
8592future needs, student capacity may not be assigned to any
8593relocatable classroom that is scheduled for elimination or
8594replacement with a permanent educational facility in the current
8595year of the adopted district educational facilities plan and in
8596the district facilities work program adopted under this section.
8597Those relocatable classrooms clearly identified and scheduled
8598for replacement in a school-board-adopted, financially feasible,
85995-year district facilities work program shall be counted at zero
8600capacity at the time the work program is adopted and approved by
8601the school board. However, if the district facilities work
8602program is changed and the relocatable classrooms are not
8603replaced as scheduled in the work program, the classrooms must
8604be reentered into the system and be counted at actual capacity.
8605Relocatable classrooms may not be perpetually added to the work
8606program or continually extended for purposes of circumventing
8607this section. All relocatable classrooms not identified and
8608scheduled for replacement, including those owned, lease-
8609purchased, or leased by the school district, must be counted at
8610actual student capacity. The district educational facilities
8611plan must identify the number of relocatable student stations
8612scheduled for replacement during the 5-year survey period and
8613the total dollar amount needed for that replacement.
8614     g.  Plans for the closure of any school, including plans
8615for disposition of the facility or usage of facility space, and
8616anticipated revenues.
8617     h.  Projects for which capital outlay and debt service
8618funds accruing under s. 9(d), Art. XII of the State Constitution
8619are to be used shall be identified separately in priority order
8620on a project priority list within the district facilities work
8621program.
8622     3.  The projected cost for each project identified in the
8623district facilities work program. For proposed projects for new
8624student stations, a schedule shall be prepared comparing the
8625planned cost and square footage for each new student station, by
8626elementary, middle, and high school levels, to the low, average,
8627and high cost of facilities constructed throughout the state
8628during the most recent fiscal year for which data is available
8629from the Department of Education.
8630     4.  A schedule of estimated capital outlay revenues from
8631each currently approved source which is estimated to be
8632available for expenditure on the projects included in the
8633district facilities work program.
8634     5.  A schedule indicating which projects included in the
8635district facilities work program will be funded from current
8636revenues projected in subparagraph 4.
8637     6.  A schedule of options for the generation of additional
8638revenues by the district for expenditure on projects identified
8639in the district facilities work program which are not funded
8640under subparagraph 5. Additional anticipated revenues may
8641include effort index grants, SIT Program awards, and Classrooms
8642First funds.
8643     Section 67.  Rules 9J-5 and 9J-11.023, Florida
8644Administrative Code, are repealed, and the Department of State
8645is directed to remove those rules from the Florida
8646Administrative Code.
8647     Section 68.  Any permit or any other authorization that was
8648extended under section 14 of chapter 2009-96, Laws of Florida,
8649as reauthorized by section 47 of chapter 2010-147, Laws of
8650Florida, is extended and renewed for an additional period of 2
8651years from its extended expiration date. The holder of a valid
8652permit or other authorization that is eligible for the
8653additional 2-year extension must notify the authorizing agency
8654in writing by December 31, 2011, identifying the specific
8655authorization for which the holder intends to use the extension
8656and the anticipated timeframe for acting on the authorization.
8657     Section 69.  (1)  The state land planning agency, within 60
8658days after the effective date of this act, shall review any
8659administrative or judicial proceeding filed by the agency and
8660pending on the effective date of this act to determine whether
8661the issues raised by the state land planning agency are
8662consistent with the revised provisions of part II of chapter
8663163, Florida Statutes. For each proceeding, if the agency
8664determines that issues have been raised that are not consistent
8665with the revised provisions of part II of chapter 163, Florida
8666Statutes, the agency shall dismiss the proceeding. If the state
8667land planning agency determines that one or more issues have
8668been raised that are consistent with the revised provisions of
8669part II of chapter 163, Florida Statutes, the agency shall amend
8670its petition within 30 days after the determination to plead
8671with particularity as to the manner in which the plan or plan
8672amendment fails to meet the revised provisions of part II of
8673chapter 163, Florida Statutes. If the agency fails to timely
8674file such amended petition, the proceeding shall be dismissed.
8675     (2)  In all proceedings that were initiated by the state
8676land planning agency before the effective date of this act, and
8677continue after that date, the local government's determination
8678that the comprehensive plan or plan amendment is in compliance
8679is presumed to be correct, and the local government's
8680determination shall be sustained unless it is shown by a
8681preponderance of the evidence that the comprehensive plan or
8682plan amendment is not in compliance.
8683     Section 70.  In accordance with s. 1.04, Florida Statutes,
8684the provisions of law amended by this act shall be construed in
8685pari materia with the provisions of law reenacted by Senate Bill
8686174 or HB 7001, 2011 Regular Session, whichever becomes law, and
8687incorporated therein. In addition, if any law amended by this
8688act is also amended by any other law enacted at the same
8689legislative session or an extension thereof which becomes law,
8690full effect shall be given to each if possible.
8691     Section 71.  The Division of Statutory Revision is directed
8692to replace the phrase "the effective date of this act" wherever
8693it occurs in this act with the date this act becomes a law.
8694     Section 72.  This act shall take effect upon becoming a
8695law.


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