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

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Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H7129 Detail]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-Engrossed.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 that certain comments,
20underlying studies, and reports provided by a military
21installation's commanding officer are not binding on local
22governments; providing additional factors for local
23government consideration in impacts to military
24installations; clarifying requirements for adopting
25criteria to address compatibility of lands relating to
26military installations; amending s. 163.3177, F.S.;
27revising and providing duties of local governments;
28revising and providing required and optional elements of
29comprehensive plans; revising requirements of schedules of
30capital improvements; revising and providing provisions
31relating to capital improvements elements; revising major
32objectives of, and procedures relating to, the local
33comprehensive planning process; revising and providing
34required and optional elements of future land use plans;
35providing required transportation elements; revising and
36providing required conservation elements; revising and
37providing required housing elements; revising and
38providing required coastal management elements; revising
39and providing required intergovernmental coordination
40elements; amending s. 163.31777, F.S.; revising
41requirements relating to public schools' interlocal
42agreements; deleting duties of the Office of Educational
43Facilities, the state land planning agency, and local
44governments relating to such agreements; deleting an
45exemption; amending s. 163.3178, F.S.; deleting a deadline
46for local governments to amend coastal management elements
47and future land use maps; amending s. 163.3180, F.S.;
48revising and providing provisions relating to concurrency;
49revising concurrency requirements; revising application
50and findings; revising local government requirements;
51revising and providing requirements relating to
52transportation concurrency, transportation concurrency
53exception areas, urban infill, urban redevelopment, urban
54service, downtown revitalization areas, transportation
55concurrency management areas, long-term transportation and
56school concurrency management systems, development of
57regional impact, school concurrency, service areas,
58financial feasibility, interlocal agreements, and
59multimodal transportation districts; revising duties of
60the Office of Program Policy Analysis and the state land
61planning agency; providing requirements for local plans;
62providing for the limiting the liability of local
63governments under certain conditions; amending s.
64163.3182, F.S.; revising definitions; revising provisions
65relating to transportation deficiency plans and projects;
66amending s. 163.3184, F.S.; providing a definition;
67providing requirements for comprehensive plans and plan
68amendments; providing a expedited state review process for
69adoption of comprehensive plan amendments; providing
70requirements for the adoption of comprehensive plan
71amendments; creating the state-coordinated review process;
72providing and revising provisions relating to the review
73process; revising requirements relating to local
74government transmittal of proposed plan or amendments;
75providing for comment by reviewing agencies; deleting
76provisions relating to regional, county, and municipal
77review; revising provisions relating to state land
78planning agency review; revising provisions relating to
79local government review of comments; deleting and revising
80provisions relating to notice of intent and processes for
81compliance and noncompliance; providing procedures for
82administrative challenges to plans and plan amendments;
83providing for compliance agreements; providing for
84mediation and expeditious resolution; revising powers and
85duties of the administration commission; revising
86provisions relating to areas of critical state concern;
87providing for concurrent zoning; amending s. 163.3187,
88F.S.; deleting provisions relating to the amendment of
89adopted comprehensive plan and providing the process for
90adoption of small-scale comprehensive plan amendments;
91repealing s. 163.3189, F.S., relating to process for
92amendment of adopted comprehensive plan; amending s.
93163.3191, F.S., relating to the evaluation and appraisal
94of comprehensive plans; providing and revising local
95government requirements including notice, amendments,
96compliance, mediation, reports, and scoping meetings;
97amending s. 163.3229, F.S.; revising limitations on
98duration of development agreements; amending s. 163.3235,
99F.S.; revising requirements for periodic reviews of a
100development agreements; amending s. 163.3239, F.S.;
101revising recording requirements; amending s. 163.3243,
102F.S.; revising parties who may file an action for
103injunctive relief; amending s. 163.3245, F.S.; revising
104provisions relating to optional sector plans; authorizing
105the adoption of sector plans under certain circumstances;
106amending s. 163.3246, F.S.; revising provisions relating
107to the local government comprehensive planning
108certification program; conforming provisions to changes
109made by the act; deleting reporting requirements of the
110Office of Program Policy Analysis and Government
111Accountability; repealing s. 163.32465, F.S., relating to
112state review of local comprehensive plans in urban areas;
113amending s. 163.3247, F.S.; providing for future repeal
114and abolition of the Century Commission for a Sustainable
115Florida; creating s. 163.3248, F.S.; providing for the
116designation of rural land stewardship areas; providing
117purposes and requirements for the establishment of such
118areas; providing for the creation of rural land
119stewardship overlay zoning district and transferable rural
120land use credits; providing certain limitation relating to
121such credits; providing for incentives; providing
122eligibility for incentives; providing legislative intent;
123amending s. 380.06, F.S.; revising requirements relating
124to the issuance of permits for development by local
125governments; revising criteria for the determination of
126substantial deviation; providing for extension of certain
127expiration dates; revising exemptions governing
128developments of regional impact; revising provisions to
129conform to changes made by this act; amending s. 380.0651,
130F.S.; revising provisions relating to statewide guidelines
131and standards for certain multiscreen movie theaters,
132industrial plants, industrial parks, distribution,
133warehousing and wholesaling facilities, and hotels and
134motels; revising criteria for the determination of when to
135treat two or more developments as a single development;
136amending s. 331.303, F.S.; conforming a cross-reference;
137amending s. 380.115, F.S.; subjecting certain developments
138required to undergo development-of-regional-impact review
139to certain procedures; amending s. 380.065, F.S.; deleting
140certain reporting requirements; conforming provisions to
141changes made by the act; amending s. 380.0685, F.S.,
142relating to use of surcharges for beach renourishment and
143restoration; repealing Rules 9J-5 and 9J-11.023, Florida
144Administrative Code, relating to minimum criteria for
145review of local government comprehensive plans and plan
146amendments, evaluation and appraisal reports, land
147development regulations, and determinations of compliance;
148amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217,
149163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203,
150186.513, 189.415, 190.004, 190.005, 193.501, 287.042,
151288.063, 288.975, 290.0475, 311.07, 331.319, 339.155,
152339.2819, 369.303, 369.321, 378.021, 380.115, 380.031,
153380.061, 403.50665, 403.973, 420.5095, 420.615, 420.5095,
154420.9071, 420.9076, 720.403, 1013.30, 1013.33, and
1551013.35, F.S.; revising provisions to conform to changes
156made by this act; extending permits and other
157authorizations extended under s. 14, ch. 2009-96, Laws of
158Florida; extending certain previously granted buildout
159dates; requiring a permitholder to notify the authorizing
160agency of its intended use of the extension; exempting
161certain permits from eligibility for an extension;
162providing for applicability of rules governing permits;
163declaring that certain provisions do not impair the
164authority of counties and municipalities under certain
165circumstances; requiring the state land planning agency to
166review certain administrative and judicial proceedings;
167providing procedures for such review; providing that all
168local governments shall be governed by certain provisions
169of general law; providing a directive of the Division of
170Statutory Revision; providing an effective date.
171
172Be It Enacted by the Legislature of the State of Florida:
173
174     Section 1.  Subsection (26) of section 70.51, Florida
175Statutes, is amended to read:
176     70.51  Land use and environmental dispute resolution.-
177     (26)  A special magistrate's recommendation under this
178section constitutes data in support of, and a support document
179for, a comprehensive plan or comprehensive plan amendment, but
180is not, in and of itself, dispositive of a determination of
181compliance with chapter 163. Any comprehensive plan amendment
182necessary to carry out the approved recommendation of a special
183magistrate under this section is exempt from the twice-a-year
184limit on plan amendments and may be adopted by the local
185government amendments in s. 163.3184(16)(d).
186     Section 2.  Paragraphs (h) through (l) of subsection (3) of
187section 163.06, Florida Statutes, are redesignated as paragraphs
188(g) through (k), respectively, and present paragraph (g) of that
189subsection is amended to read:
190     163.06  Miami River Commission.-
191     (3)  The policy committee shall have the following powers
192and duties:
193     (g)  Coordinate a joint planning area agreement between the
194Department of Community Affairs, the city, and the county under
195the provisions of s. 163.3177(11)(a), (b), and (c).
196     Section 3.  Subsection (4) of section 163.2517, Florida
197Statutes, is amended to read:
198     163.2517  Designation of urban infill and redevelopment
199area.-
200     (4)  In order for a local government to designate an urban
201infill and redevelopment area, it must amend its comprehensive
202land use plan under s. 163.3187 to delineate the boundaries of
203the urban infill and redevelopment area within the future land
204use element of its comprehensive plan pursuant to its adopted
205urban infill and redevelopment plan. The state land planning
206agency shall review the boundary delineation of the urban infill
207and redevelopment area in the future land use element under s.
208163.3184. However, an urban infill and redevelopment plan
209adopted by a local government is not subject to review for
210compliance as defined by s. 163.3184(1)(b), and the local
211government is not required to adopt the plan as a comprehensive
212plan amendment. An amendment to the local comprehensive plan to
213designate an urban infill and redevelopment area is exempt from
214the twice-a-year amendment limitation of s. 163.3187.
215     Section 4.  Section 163.3161, Florida Statutes, is amended
216to read:
217     163.3161  Short title; intent and purpose.-
218     (1)  This part shall be known and may be cited as the
219"Community Local Government Comprehensive Planning and Land
220Development Regulation Act."
221     (2)  In conformity with, and in furtherance of, the purpose
222of the Florida Environmental Land and Water Management Act of
2231972, chapter 380, It is the purpose of this act to utilize and
224strengthen the existing role, processes, and powers of local
225governments in the establishment and implementation of
226comprehensive planning programs to guide and manage control
227future development consistent with the proper role of local
228government.
229     (3)  It is the intent of this act to focus the state role
230in managing growth under this act to protecting the functions of
231important state resources and facilities.
232     (4)  It is the intent of this act that the ability of its
233adoption is necessary so that local governments to can preserve
234and enhance present advantages; encourage the most appropriate
235use of land, water, and resources, consistent with the public
236interest; overcome present handicaps; and deal effectively with
237future problems that may result from the use and development of
238land within their jurisdictions. Through the process of
239comprehensive planning, it is intended that units of local
240government can preserve, promote, protect, and improve the
241public health, safety, comfort, good order, appearance,
242convenience, law enforcement and fire prevention, and general
243welfare; prevent the overcrowding of land and avoid undue
244concentration of population; facilitate the adequate and
245efficient provision of transportation, water, sewerage, schools,
246parks, recreational facilities, housing, and other requirements
247and services; and conserve, develop, utilize, and protect
248natural resources within their jurisdictions.
249     (5)(4)  It is the intent of this act to encourage and
250ensure assure cooperation between and among municipalities and
251counties and to encourage and assure coordination of planning
252and development activities of units of local government with the
253planning activities of regional agencies and state government in
254accord with applicable provisions of law.
255     (6)(5)  It is the intent of this act that adopted
256comprehensive plans shall have the legal status set out in this
257act and that no public or private development shall be permitted
258except in conformity with comprehensive plans, or elements or
259portions thereof, prepared and adopted in conformity with this
260act.
261     (7)(6)  It is the intent of this act that the activities of
262units of local government in the preparation and adoption of
263comprehensive plans, or elements or portions therefor, shall be
264conducted in conformity with the provisions of this act.
265     (8)(7)  The provisions of this act in their interpretation
266and application are declared to be the minimum requirements
267necessary to accomplish the stated intent, purposes, and
268objectives of this act; to protect human, environmental, social,
269and economic resources; and to maintain, through orderly growth
270and development, the character and stability of present and
271future land use and development in this state.
272     (9)(8)  It is the intent of the Legislature that the repeal
273of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
274of Florida, and amendments to this part by this chapter law,
275shall not be interpreted to limit or restrict the powers of
276municipal or county officials, but shall be interpreted as a
277recognition of their broad statutory and constitutional powers
278to plan for and regulate the use of land. It is, further, the
279intent of the Legislature to reconfirm that ss. 163.3161-
280163.3248 163.3161 through 163.3215 have provided and do provide
281the necessary statutory direction and basis for municipal and
282county officials to carry out their comprehensive planning and
283land development regulation powers, duties, and
284responsibilities.
285     (10)(9)  It is the intent of the Legislature that all
286governmental entities in this state recognize and respect
287judicially acknowledged or constitutionally protected private
288property rights. It is the intent of the Legislature that all
289rules, ordinances, regulations, and programs adopted under the
290authority of this act must be developed, promulgated,
291implemented, and applied with sensitivity for private property
292rights and not be unduly restrictive, and property owners must
293be free from actions by others which would harm their property.
294Full and just compensation or other appropriate relief must be
295provided to any property owner for a governmental action that is
296determined to be an invalid exercise of the police power which
297constitutes a taking, as provided by law. Any such relief must
298be determined in a judicial action.
299     (11)  It is the intent of this part that the traditional
300economic base of this state, agriculture, tourism, and military
301presence, be recognized and protected. Further, it is the intent
302of this part to encourage economic diversification, workforce
303development, and community planning.
304     (12)  It is the intent of this part that new statutory
305requirements created by the Legislature will not require a local
306government whose plan has been found to be in compliance with
307this part to adopt amendments implementing the new statutory
308requirements until the evaluation and appraisal period provided
309in s. 163.3191, unless otherwise specified in law. However, any
310new amendments must comply with the requirements of this part.
311     Section 5.  Subsections (2) through (5) of section
312163.3162, Florida Statutes, are renumbered as subsections (1)
313through (4), respectively, and present subsections (1) and (5)
314of that section are amended to read:
315     163.3162  Agricultural Lands and Practices Act.-
316     (1)  SHORT TITLE.-This section may be cited as the
317"Agricultural Lands and Practices Act."
318     (4)(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.-
319The owner of a parcel of land defined as an agricultural enclave
320under s. 163.3164(33) may apply for an amendment to the local
321government comprehensive plan pursuant to s. 163.3184 163.3187.
322Such amendment is presumed not to be urban sprawl as defined in
323s. 163.3164 if it includes consistent with rule 9J-5.006(5),
324Florida Administrative Code, and may include land uses and
325intensities of use that are consistent with the uses and
326intensities of use of the industrial, commercial, or residential
327areas that surround the parcel. This presumption may be rebutted
328by clear and convincing evidence. Each application for a
329comprehensive plan amendment under this subsection for a parcel
330larger than 640 acres must include appropriate new urbanism
331concepts such as clustering, mixed-use development, the creation
332of rural village and city centers, and the transfer of
333development rights in order to discourage urban sprawl while
334protecting landowner rights.
335     (a)  The local government and the owner of a parcel of land
336that is the subject of an application for an amendment shall
337have 180 days following the date that the local government
338receives a complete application to negotiate in good faith to
339reach consensus on the land uses and intensities of use that are
340consistent with the uses and intensities of use of the
341industrial, commercial, or residential areas that surround the
342parcel. Within 30 days after the local government's receipt of
343such an application, the local government and owner must agree
344in writing to a schedule for information submittal, public
345hearings, negotiations, and final action on the amendment, which
346schedule may thereafter be altered only with the written consent
347of the local government and the owner. Compliance with the
348schedule in the written agreement constitutes good faith
349negotiations for purposes of paragraph (c).
350     (b)  Upon conclusion of good faith negotiations under
351paragraph (a), regardless of whether the local government and
352owner reach consensus on the land uses and intensities of use
353that are consistent with the uses and intensities of use of the
354industrial, commercial, or residential areas that surround the
355parcel, the amendment must be transmitted to the state land
356planning agency for review pursuant to s. 163.3184. If the local
357government fails to transmit the amendment within 180 days after
358receipt of a complete application, the amendment must be
359immediately transferred to the state land planning agency for
360such review at the first available transmittal cycle. A plan
361amendment transmitted to the state land planning agency
362submitted under this subsection is presumed not to be urban
363sprawl as defined in s. 163.3164 consistent with rule 9J-
3645.006(5), Florida Administrative Code. This presumption may be
365rebutted by clear and convincing evidence.
366     (c)  If the owner fails to negotiate in good faith, a plan
367amendment submitted under this subsection is not entitled to the
368rebuttable presumption under this subsection in the negotiation
369and amendment process.
370     (d)  Nothing within this subsection relating to
371agricultural enclaves shall preempt or replace any protection
372currently existing for any property located within the
373boundaries of the following areas:
374     1.  The Wekiva Study Area, as described in s. 369.316; or
375     2.  The Everglades Protection Area, as defined in s.
376373.4592(2).
377     Section 6.  Section 163.3164, Florida Statutes, is amended
378to read:
379     163.3164  Community Local Government Comprehensive Planning
380and Land Development Regulation Act; definitions.-As used in
381this act:
382     (1)  "Administration Commission" means the Governor and the
383Cabinet, and for purposes of this chapter the commission shall
384act on a simple majority vote, except that for purposes of
385imposing the sanctions provided in s. 163.3184(8)(11),
386affirmative action shall require the approval of the Governor
387and at least three other members of the commission.
388     (2)  "Affordable housing" has the same meaning as in s.
389420.0004(3).
390     (3)(33)  "Agricultural enclave" means an unincorporated,
391undeveloped parcel that:
392     (a)  Is owned by a single person or entity;
393     (b)  Has been in continuous use for bona fide agricultural
394purposes, as defined by s. 193.461, for a period of 5 years
395prior to the date of any comprehensive plan amendment
396application;
397     (c)  Is surrounded on at least 75 percent of its perimeter
398by:
399     1.  Property that has existing industrial, commercial, or
400residential development; or
401     2.  Property that the local government has designated, in
402the local government's comprehensive plan, zoning map, and
403future land use map, as land that is to be developed for
404industrial, commercial, or residential purposes, and at least 75
405percent of such property is existing industrial, commercial, or
406residential development;
407     (d)  Has public services, including water, wastewater,
408transportation, schools, and recreation facilities, available or
409such public services are scheduled in the capital improvement
410element to be provided by the local government or can be
411provided by an alternative provider of local government
412infrastructure in order to ensure consistency with applicable
413concurrency provisions of s. 163.3180; and
414     (e)  Does not exceed 1,280 acres; however, if the property
415is surrounded by existing or authorized residential development
416that will result in a density at buildout of at least 1,000
417residents per square mile, then the area shall be determined to
418be urban and the parcel may not exceed 4,480 acres.
419     (4)  "Antiquated subdivision" means a subdivision that was
420recorded or approved more than 20 years ago and that has
421substantially failed to be built and the continued buildout of
422the subdivision in accordance with the subdivision's zoning and
423land use purposes would cause an imbalance of land uses and
424would be detrimental to the local and regional economies and
425environment, hinder current planning practices, and lead to
426inefficient and fiscally irresponsible development patterns as
427determined by the respective jurisdiction in which the
428subdivision is located.
429     (5)(2)  "Area" or "area of jurisdiction" means the total
430area qualifying under the provisions of this act, whether this
431be all of the lands lying within the limits of an incorporated
432municipality, lands in and adjacent to incorporated
433municipalities, all unincorporated lands within a county, or
434areas comprising combinations of the lands in incorporated
435municipalities and unincorporated areas of counties.
436     (6)  "Capital improvement" means physical assets
437constructed or purchased to provide, improve, or replace a
438public facility and which are typically large scale and high in
439cost. The cost of a capital improvement is generally
440nonrecurring and may require multiyear financing. For the
441purposes of this part, physical assets that have been identified
442as existing or projected needs in the individual comprehensive
443plan elements shall be considered capital improvements.
444     (7)(3)  "Coastal area" means the 35 coastal counties and
445all coastal municipalities within their boundaries designated
446coastal by the state land planning agency.
447     (8)  "Compatibility" means a condition in which land uses
448or conditions can coexist in relative proximity to each other in
449a stable fashion over time such that no use or condition is
450unduly negatively impacted directly or indirectly by another use
451or condition.
452     (9)(4)  "Comprehensive plan" means a plan that meets the
453requirements of ss. 163.3177 and 163.3178.
454     (10)  "Deepwater ports" means the ports identified in s.
455403.021(9).
456     (11)  "Density" means an objective measurement of the
457number of people or residential units allowed per unit of land,
458such as residents or employees per acre.
459     (12)(5)  "Developer" means any person, including a
460governmental agency, undertaking any development as defined in
461this act.
462     (13)(6)  "Development" has the same meaning as given it in
463s. 380.04.
464     (14)(7)  "Development order" means any order granting,
465denying, or granting with conditions an application for a
466development permit.
467     (15)(8)  "Development permit" includes any building permit,
468zoning permit, subdivision approval, rezoning, certification,
469special exception, variance, or any other official action of
470local government having the effect of permitting the development
471of land.
472     (16)(25)  "Downtown revitalization" means the physical and
473economic renewal of a central business district of a community
474as designated by local government, and includes both downtown
475development and redevelopment.
476     (17)  "Floodprone areas" means areas inundated during a
477100-year flood event or areas identified by the National Flood
478Insurance Program as an A Zone on flood insurance rate maps or
479flood hazard boundary maps.
480     (18)  "Goal" means the long-term end toward which programs
481or activities are ultimately directed.
482     (19)(9)  "Governing body" means the board of county
483commissioners of a county, the commission or council of an
484incorporated municipality, or any other chief governing body of
485a unit of local government, however designated, or the
486combination of such bodies where joint utilization of the
487provisions of this act is accomplished as provided herein.
488     (20)(10)  "Governmental agency" means:
489     (a)  The United States or any department, commission,
490agency, or other instrumentality thereof.
491     (b)  This state or any department, commission, agency, or
492other instrumentality thereof.
493     (c)  Any local government, as defined in this section, or
494any department, commission, agency, or other instrumentality
495thereof.
496     (d)  Any school board or other special district, authority,
497or governmental entity.
498     (21)  "Intensity" means an objective measurement of the
499extent to which land may be developed or used, including the
500consumption or use of the space above, on, or below ground; the
501measurement of the use of or demand on natural resources; and
502the measurement of the use of or demand on facilities and
503services.
504     (22)  "Internal trip capture" means trips generated by a
505mixed-use project that travel from one on-site land use to
506another on-site land use without using the external road
507network.
508     (23)(11)  "Land" means the earth, water, and air, above,
509below, or on the surface, and includes any improvements or
510structures customarily regarded as land.
511     (24)(22)  "Land development regulation commission" means a
512commission designated by a local government to develop and
513recommend, to the local governing body, land development
514regulations which implement the adopted comprehensive plan and
515to review land development regulations, or amendments thereto,
516for consistency with the adopted plan and report to the
517governing body regarding its findings. The responsibilities of
518the land development regulation commission may be performed by
519the local planning agency.
520     (25)(23)  "Land development regulations" means ordinances
521enacted by governing bodies for the regulation of any aspect of
522development and includes any local government zoning, rezoning,
523subdivision, building construction, or sign regulations or any
524other regulations controlling the development of land, except
525that this definition does shall not apply in s. 163.3213.
526     (26)(12)  "Land use" means the development that has
527occurred on the land, the development that is proposed by a
528developer on the land, or the use that is permitted or
529permissible on the land under an adopted comprehensive plan or
530element or portion thereof, land development regulations, or a
531land development code, as the context may indicate.
532     (27)  "Level of service" means an indicator of the extent
533or degree of service provided by, or proposed to be provided by,
534a facility based on and related to the operational
535characteristics of the facility. Level of service shall indicate
536the capacity per unit of demand for each public facility.
537     (28)(13)  "Local government" means any county or
538municipality.
539     (29)(14)  "Local planning agency" means the agency
540designated to prepare the comprehensive plan or plan amendments
541required by this act.
542     (30)(15)  A "Newspaper of general circulation" means a
543newspaper published at least on a weekly basis and printed in
544the language most commonly spoken in the area within which it
545circulates, but does not include a newspaper intended primarily
546for members of a particular professional or occupational group,
547a newspaper whose primary function is to carry legal notices, or
548a newspaper that is given away primarily to distribute
549advertising.
550     (31)  "New town" means an urban activity center and
551community designated on the future land use map of sufficient
552size, population and land use composition to support a variety
553of economic and social activities consistent with an urban area
554designation. New towns shall include basic economic activities;
555all major land use categories, with the possible exception of
556agricultural and industrial; and a centrally provided full range
557of public facilities and services that demonstrate internal trip
558capture. A new town shall be based on a master development plan.
559     (32)  "Objective" means a specific, measurable,
560intermediate end that is achievable and marks progress toward a
561goal.
562     (33)(16)  "Parcel of land" means any quantity of land
563capable of being described with such definiteness that its
564locations and boundaries may be established, which is designated
565by its owner or developer as land to be used, or developed as, a
566unit or which has been used or developed as a unit.
567     (34)(17)  "Person" means an individual, corporation,
568governmental agency, business trust, estate, trust, partnership,
569association, two or more persons having a joint or common
570interest, or any other legal entity.
571     (35)  "Policy" means the way in which programs and
572activities are conducted to achieve an identified goal.
573     (36)(28)  "Projects that promote public transportation"
574means projects that directly affect the provisions of public
575transit, including transit terminals, transit lines and routes,
576separate lanes for the exclusive use of public transit services,
577transit stops (shelters and stations), office buildings or
578projects that include fixed-rail or transit terminals as part of
579the building, and projects which are transit oriented and
580designed to complement reasonably proximate planned or existing
581public facilities.
582     (37)(24)  "Public facilities" means major capital
583improvements, including, but not limited to, transportation,
584sanitary sewer, solid waste, drainage, potable water,
585educational, parks and recreational, and health systems and
586facilities, and spoil disposal sites for maintenance dredging
587located in the intracoastal waterways, except for spoil disposal
588sites owned or used by ports listed in s. 403.021(9)(b).
589     (38)(18)  "Public notice" means notice as required by s.
590125.66(2) for a county or by s. 166.041(3)(a) for a
591municipality. The public notice procedures required in this part
592are established as minimum public notice procedures.
593     (39)(19)  "Regional planning agency" means the council
594created pursuant to chapter 186 agency designated by the state
595land planning agency to exercise responsibilities under law in a
596particular region of the state.
597     (40)  "Seasonal population" means part-time inhabitants who
598use, or may be expected to use, public facilities or services,
599but are not residents and includes tourists, migrant
600farmworkers, and other short-term and long-term visitors.
601     (41)(31)  "Optional Sector plan" means the an optional
602process authorized by s. 163.3245 in which one or more local
603governments engage in long-term planning for a large area and by
604agreement with the state land planning agency are allowed to
605address regional development-of-regional-impact issues through
606adoption of detailed specific area plans within the planning
607area within certain designated geographic areas identified in
608the local comprehensive plan as a means of fostering innovative
609planning and development strategies in s. 163.3177(11)(a) and
610(b), furthering the purposes of this part and part I of chapter
611380, reducing overlapping data and analysis requirements,
612protecting regionally significant resources and facilities, and
613addressing extrajurisdictional impacts. The term includes an
614optional sector plan that was adopted before the effective date
615of this act.
616     (42)(20)  "State land planning agency" means the Department
617of Community Affairs.
618     (43)(21)  "Structure" has the same meaning as in given it
619by s. 380.031(19).
620     (44)  "Suitability" means the degree to which the existing
621characteristics and limitations of land and water are compatible
622with a proposed use or development.
623     (45)  "Transit-oriented development" means a project or
624projects, in areas identified in a local government
625comprehensive plan, that is or will be served by existing or
626planned transit service. These designated areas shall be
627compact, moderate to high density developments, of mixed-use
628character, interconnected with other land uses, bicycle and
629pedestrian friendly, and designed to support frequent transit
630service operating through, collectively or separately, rail,
631fixed guideway, streetcar, or bus systems on dedicated
632facilities or available roadway connections.
633     (46)(30)  "Transportation corridor management" means the
634coordination of the planning of designated future transportation
635corridors with land use planning within and adjacent to the
636corridor to promote orderly growth, to meet the concurrency
637requirements of this chapter, and to maintain the integrity of
638the corridor for transportation purposes.
639     (47)(27)  "Urban infill" means the development of vacant
640parcels in otherwise built-up areas where public facilities such
641as sewer systems, roads, schools, and recreation areas are
642already in place and the average residential density is at least
643five dwelling units per acre, the average nonresidential
644intensity is at least a floor area ratio of 1.0 and vacant,
645developable land does not constitute more than 10 percent of the
646area.
647     (48)(26)  "Urban redevelopment" means demolition and
648reconstruction or substantial renovation of existing buildings
649or infrastructure within urban infill areas, existing urban
650service areas, or community redevelopment areas created pursuant
651to part III.
652     (49)(29)  "Urban service area" means built-up areas
653identified in the comprehensive plan where public facilities and
654services, including, but not limited to, central water and sewer
655capacity and roads, are already in place or are identified in
656the capital improvements element. The term includes any areas
657identified in the comprehensive plan as urban service areas,
658regardless of local government limitation committed in the first
6593 years of the capital improvement schedule. In addition, for
660counties that qualify as dense urban land areas under subsection
661(34), the nonrural area of a county which has adopted into the
662county charter a rural area designation or areas identified in
663the comprehensive plan as urban service areas or urban growth
664boundaries on or before July 1, 2009, are also urban service
665areas under this definition.
666     (50)  "Urban sprawl" means a development pattern
667characterized by low density, automobile-dependent development
668with either a single use or multiple uses that are not
669functionally related, requiring the extension of public
670facilities and services in an inefficient manner, and failing to
671provide a clear separation between urban and rural uses.
672     (32)  "Financial feasibility" means that sufficient
673revenues are currently available or will be available from
674committed funding sources for the first 3 years, or will be
675available from committed or planned funding sources for years 4
676and 5, of a 5-year capital improvement schedule for financing
677capital improvements, such as ad valorem taxes, bonds, state and
678federal funds, tax revenues, impact fees, and developer
679contributions, which are adequate to fund the projected costs of
680the capital improvements identified in the comprehensive plan
681necessary to ensure that adopted level-of-service standards are
682achieved and maintained within the period covered by the 5-year
683schedule of capital improvements. A comprehensive plan shall be
684deemed financially feasible for transportation and school
685facilities throughout the planning period addressed by the
686capital improvements schedule if it can be demonstrated that the
687level-of-service standards will be achieved and maintained by
688the end of the planning period even if in a particular year such
689improvements are not concurrent as required by s. 163.3180.
690     (34)  "Dense urban land area" means:
691     (a)  A municipality that has an average of at least 1,000
692people per square mile of land area and a minimum total
693population of at least 5,000;
694     (b)  A county, including the municipalities located
695therein, which has an average of at least 1,000 people per
696square mile of land area; or
697     (c)  A county, including the municipalities located
698therein, which has a population of at least 1 million.
699
700The Office of Economic and Demographic Research within the
701Legislature shall annually calculate the population and density
702criteria needed to determine which jurisdictions qualify as
703dense urban land areas by using the most recent land area data
704from the decennial census conducted by the Bureau of the Census
705of the United States Department of Commerce and the latest
706available population estimates determined pursuant to s.
707186.901. If any local government has had an annexation,
708contraction, or new incorporation, the Office of Economic and
709Demographic Research shall determine the population density
710using the new jurisdictional boundaries as recorded in
711accordance with s. 171.091. The Office of Economic and
712Demographic Research shall submit to the state land planning
713agency a list of jurisdictions that meet the total population
714and density criteria necessary for designation as a dense urban
715land area by July 1, 2009, and every year thereafter. The state
716land planning agency shall publish the list of jurisdictions on
717its Internet website within 7 days after the list is received.
718The designation of jurisdictions that qualify or do not qualify
719as a dense urban land area is effective upon publication on the
720state land planning agency's Internet website.
721     Section 7.  Section 163.3167, Florida Statutes, is amended
722to read:
723     163.3167  Scope of act.-
724     (1)  The several incorporated municipalities and counties
725shall have power and responsibility:
726     (a)  To plan for their future development and growth.
727     (b)  To adopt and amend comprehensive plans, or elements or
728portions thereof, to guide their future development and growth.
729     (c)  To implement adopted or amended comprehensive plans by
730the adoption of appropriate land development regulations or
731elements thereof.
732     (d)  To establish, support, and maintain administrative
733instruments and procedures to carry out the provisions and
734purposes of this act.
735
736The powers and authority set out in this act may be employed by
737municipalities and counties individually or jointly by mutual
738agreement in accord with the provisions of this act and in such
739combinations as their common interests may dictate and require.
740     (2)  Each local government shall maintain prepare a
741comprehensive plan of the type and in the manner set out in this
742part or prepare amendments to its existing comprehensive plan to
743conform it to the requirements of this part and in the manner
744set out in this part. In accordance with s. 163.3184, each local
745government shall submit to the state land planning agency its
746complete proposed comprehensive plan or its complete
747comprehensive plan as proposed to be amended.
748     (3)  When a local government has not prepared all of the
749required elements or has not amended its plan as required by
750subsection (2), the regional planning agency having
751responsibility for the area in which the local government lies
752shall prepare and adopt by rule, pursuant to chapter 120, the
753missing elements or adopt by rule amendments to the existing
754plan in accordance with this act by July 1, 1989, or within 1
755year after the dates specified or provided in subsection (2) and
756the state land planning agency review schedule, whichever is
757later. The regional planning agency shall provide at least 90
758days' written notice to any local government whose plan it is
759required by this subsection to prepare, prior to initiating the
760planning process. At least 90 days before the adoption by the
761regional planning agency of a comprehensive plan, or element or
762portion thereof, pursuant to this subsection, the regional
763planning agency shall transmit a copy of the proposed
764comprehensive plan, or element or portion thereof, to the local
765government and the state land planning agency for written
766comment. The state land planning agency shall review and comment
767on such plan, or element or portion thereof, in accordance with
768s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
769applicable to the regional planning agency as if it were a
770governing body. Existing comprehensive plans shall remain in
771effect until they are amended pursuant to subsection (2), this
772subsection, s. 163.3187, or s. 163.3189.
773     (3)(4)  A municipality established after the effective date
774of this act shall, within 1 year after incorporation, establish
775a local planning agency, pursuant to s. 163.3174, and prepare
776and adopt a comprehensive plan of the type and in the manner set
777out in this act within 3 years after the date of such
778incorporation. A county comprehensive plan shall be deemed
779controlling until the municipality adopts a comprehensive plan
780in accord with the provisions of this act. If, upon the
781expiration of the 3-year time limit, the municipality has not
782adopted a comprehensive plan, the regional planning agency shall
783prepare and adopt a comprehensive plan for such municipality.
784     (4)(5)  Any comprehensive plan, or element or portion
785thereof, adopted pursuant to the provisions of this act, which
786but for its adoption after the deadlines established pursuant to
787previous versions of this act would have been valid, shall be
788valid.
789     (6)  When a regional planning agency is required to prepare
790or amend a comprehensive plan, or element or portion thereof,
791pursuant to subsections (3) and (4), the regional planning
792agency and the local government may agree to a method of
793compensating the regional planning agency for any verifiable,
794direct costs incurred. If an agreement is not reached within 6
795months after the date the regional planning agency assumes
796planning responsibilities for the local government pursuant to
797subsections (3) and (4) or by the time the plan or element, or
798portion thereof, is completed, whichever is earlier, the
799regional planning agency shall file invoices for verifiable,
800direct costs involved with the governing body. Upon the failure
801of the local government to pay such invoices within 90 days, the
802regional planning agency may, upon filing proper vouchers with
803the Chief Financial Officer, request payment by the Chief
804Financial Officer from unencumbered revenue or other tax sharing
805funds due such local government from the state for work actually
806performed, and the Chief Financial Officer shall pay such
807vouchers; however, the amount of such payment shall not exceed
80850 percent of such funds due such local government in any one
809year.
810     (7)  A local government that is being requested to pay
811costs may seek an administrative hearing pursuant to ss. 120.569
812and 120.57 to challenge the amount of costs and to determine if
813the statutory prerequisites for payment have been complied with.
814Final agency action shall be taken by the state land planning
815agency. Payment shall be withheld as to disputed amounts until
816proceedings under this subsection have been completed.
817     (5)(8)  Nothing in this act shall limit or modify the
818rights of any person to complete any development that has been
819authorized as a development of regional impact pursuant to
820chapter 380 or who has been issued a final local development
821order and development has commenced and is continuing in good
822faith.
823     (6)(9)  The Reedy Creek Improvement District shall exercise
824the authority of this part as it applies to municipalities,
825consistent with the legislative act under which it was
826established, for the total area under its jurisdiction.
827     (7)(10)  Nothing in this part shall supersede any provision
828of ss. 341.8201-341.842.
829     (11)  Each local government is encouraged to articulate a
830vision of the future physical appearance and qualities of its
831community as a component of its local comprehensive plan. The
832vision should be developed through a collaborative planning
833process with meaningful public participation and shall be
834adopted by the governing body of the jurisdiction. Neighboring
835communities, especially those sharing natural resources or
836physical or economic infrastructure, are encouraged to create
837collective visions for greater-than-local areas. Such collective
838visions shall apply in each city or county only to the extent
839that each local government chooses to make them applicable. The
840state land planning agency shall serve as a clearinghouse for
841creating a community vision of the future and may utilize the
842Growth Management Trust Fund, created by s. 186.911, to provide
843grants to help pay the costs of local visioning programs. When a
844local vision of the future has been created, a local government
845should review its comprehensive plan, land development
846regulations, and capital improvement program to ensure that
847these instruments will help to move the community toward its
848vision in a manner consistent with this act and with the state
849comprehensive plan. A local or regional vision must be
850consistent with the state vision, when adopted, and be
851internally consistent with the local or regional plan of which
852it is a component. The state land planning agency shall not
853adopt minimum criteria for evaluating or judging the form or
854content of a local or regional vision.
855     (8)(12)  An initiative or referendum process in regard to
856any development order or in regard to any local comprehensive
857plan amendment or map amendment that affects five or fewer
858parcels of land is prohibited.
859     (9)(13)  Each local government shall address in its
860comprehensive plan, as enumerated in this chapter, the water
861supply sources necessary to meet and achieve the existing and
862projected water use demand for the established planning period,
863considering the applicable plan developed pursuant to s.
864373.709.
865     (10)(14)(a)  If a local government grants a development
866order pursuant to its adopted land development regulations and
867the order is not the subject of a pending appeal and the
868timeframe for filing an appeal has expired, the development
869order may not be invalidated by a subsequent judicial
870determination that such land development regulations, or any
871portion thereof that is relevant to the development order, are
872invalid because of a deficiency in the approval standards.
873     (b)  This subsection does not preclude or affect the timely
874institution of any other remedy available at law or equity,
875including a common law writ of certiorari proceeding pursuant to
876Rule 9.190, Florida Rules of Appellate Procedure, or an original
877proceeding pursuant to s. 163.3215, as applicable.
878     (c)  This subsection applies retroactively to any
879development order granted on or after January 1, 2002.
880     Section 8.  Section 163.3168, Florida Statutes, is created
881to read:
882     163.3168  Planning innovations and technical assistance.-
883     (1)  The Legislature recognizes the need for innovative
884planning and development strategies to promote a diverse economy
885and vibrant rural and urban communities, while protecting
886environmentally sensitive areas. The Legislature further
887recognizes the substantial advantages of innovative approaches
888to development directed to meet the needs of urban, rural, and
889suburban areas.
890     (2)  Local governments are encouraged to apply innovative
891planning tools, including, but not limited to, visioning, sector
892planning, and rural land stewardship area designations to
893address future new development areas, urban service area
894designations, urban growth boundaries, and mixed-use, high-
895density development in urban areas.
896     (3)  The state land planning agency shall help communities
897find creative solutions to fostering vibrant, healthy
898communities, while protecting the functions of important state
899resources and facilities. The state land planning agency and all
900other appropriate state and regional agencies may use various
901means to provide direct and indirect technical assistance within
902available resources. If plan amendments may adversely impact
903important state resources or facilities, upon request by the
904local government, the state land planning agency shall
905coordinate multi-agency assistance, if needed, in developing an
906amendment to minimize impacts on such resources or facilities.
907     Section 9.  Subsection (4) of section 163.3171, Florida
908Statutes, is amended to read:
909     163.3171  Areas of authority under this act.-
910     (4)  The state land planning agency and a Local governments
911may government shall have the power to enter into agreements
912with each other and to agree together to enter into agreements
913with a landowner, developer, or governmental agency as may be
914necessary or desirable to effectuate the provisions and purposes
915of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
916and 163.3248. It is the Legislature's intent that joint
917agreements entered into under the authority of this section be
918liberally, broadly, and flexibly construed to facilitate
919intergovernmental cooperation between cities and counties and to
920encourage planning in advance of jurisdictional changes. Joint
921agreements, executed before or after the effective date of this
922act, include, but are not limited to, agreements that
923contemplate municipal adoption of plans or plan amendments for
924lands in advance of annexation of such lands into the
925municipality, and may permit municipalities and counties to
926exercise nonexclusive extrajurisdictional authority within
927incorporated and unincorporated areas. The state land planning
928agency may not interpret, invalidate, or declare inoperative
929such joint agreements, and the validity of joint agreements may
930not be a basis for finding plans or plan amendments not in
931compliance pursuant to chapter law.
932     Section 10.  Subsection (1) of section 163.3174, Florida
933Statutes, is amended to read:
934     163.3174  Local planning agency.-
935     (1)  The governing body of each local government,
936individually or in combination as provided in s. 163.3171, shall
937designate and by ordinance establish a "local planning agency,"
938unless the agency is otherwise established by law.
939Notwithstanding any special act to the contrary, all local
940planning agencies or equivalent agencies that first review
941rezoning and comprehensive plan amendments in each municipality
942and county shall include a representative of the school district
943appointed by the school board as a nonvoting member of the local
944planning agency or equivalent agency to attend those meetings at
945which the agency considers comprehensive plan amendments and
946rezonings that would, if approved, increase residential density
947on the property that is the subject of the application. However,
948this subsection does not prevent the governing body of the local
949government from granting voting status to the school board
950member. The governing body may designate itself as the local
951planning agency pursuant to this subsection with the addition of
952a nonvoting school board representative. The governing body
953shall notify the state land planning agency of the establishment
954of its local planning agency. All local planning agencies shall
955provide opportunities for involvement by applicable community
956college boards, which may be accomplished by formal
957representation, membership on technical advisory committees, or
958other appropriate means. The local planning agency shall prepare
959the comprehensive plan or plan amendment after hearings to be
960held after public notice and shall make recommendations to the
961governing body regarding the adoption or amendment of the plan.
962The agency may be a local planning commission, the planning
963department of the local government, or other instrumentality,
964including a countywide planning entity established by special
965act or a council of local government officials created pursuant
966to s. 163.02, provided the composition of the council is fairly
967representative of all the governing bodies in the county or
968planning area; however:
969     (a)  If a joint planning entity is in existence on the
970effective date of this act which authorizes the governing bodies
971to adopt and enforce a land use plan effective throughout the
972joint planning area, that entity shall be the agency for those
973local governments until such time as the authority of the joint
974planning entity is modified by law.
975     (b)  In the case of chartered counties, the planning
976responsibility between the county and the several municipalities
977therein shall be as stipulated in the charter.
978     Section 11.  Subsections (5), (6), and (9) of section
979163.3175, Florida Statutes, are amended to read:
980     163.3175  Legislative findings on compatibility of
981development with military installations; exchange of information
982between local governments and military installations.-
983     (5)  The commanding officer or his or her designee may
984provide comments to the affected local government on the impact
985such proposed changes may have on the mission of the military
986installation. Such comments may include:
987     (a)  If the installation has an airfield, whether such
988proposed changes will be incompatible with the safety and noise
989standards contained in the Air Installation Compatible Use Zone
990(AICUZ) adopted by the military installation for that airfield;
991     (b)  Whether such changes are incompatible with the
992Installation Environmental Noise Management Program (IENMP) of
993the United States Army;
994     (c)  Whether such changes are incompatible with the
995findings of a Joint Land Use Study (JLUS) for the area if one
996has been completed; and
997     (d)  Whether the military installation's mission will be
998adversely affected by the proposed actions of the county or
999affected local government.
1000
1001The commanding officer's comments, underlying studies, and
1002reports provided pursuant to paragraphs (a)-(c) are not binding
1003on the local government.
1004     (6)  The affected local government shall take into
1005consideration any comments provided by the commanding officer or
1006his or her designee pursuant to subsection (4) and must also be
1007sensitive to private property rights and not be unduly
1008restrictive on those rights. The affected local government shall
1009forward a copy of any comments regarding comprehensive plan
1010amendments to the state land planning agency.
1011     (9)  If a local government, as required under s.
1012163.3177(6)(a), does not adopt criteria and address
1013compatibility of lands adjacent to or closely proximate to
1014existing military installations in its future land use plan
1015element by June 30, 2012, the local government, the military
1016installation, the state land planning agency, and other parties
1017as identified by the regional planning council, including, but
1018not limited to, private landowner representatives, shall enter
1019into mediation conducted pursuant to s. 186.509. If the local
1020government comprehensive plan does not contain criteria
1021addressing compatibility by December 31, 2013, the agency may
1022notify the Administration Commission. The Administration
1023Commission may impose sanctions pursuant to s. 163.3184(8)(11).
1024Any local government that amended its comprehensive plan to
1025address military installation compatibility requirements after
10262004 and was found to be in compliance is deemed to be in
1027compliance with this subsection until the local government
1028conducts its evaluation and appraisal review pursuant to s.
1029163.3191 and determines that amendments are necessary to meet
1030updated general law requirements.
1031     Section 12.  Section 163.3177, Florida Statutes, is amended
1032to read:
1033     163.3177  Required and optional elements of comprehensive
1034plan; studies and surveys.-
1035     (1)  The comprehensive plan shall provide the consist of
1036materials in such descriptive form, written or graphic, as may
1037be appropriate to the prescription of principles, guidelines,
1038and standards, and strategies for the orderly and balanced
1039future economic, social, physical, environmental, and fiscal
1040development of the area that reflects community commitments to
1041implement the plan and its elements. These principles and
1042strategies shall guide future decisions in a consistent manner
1043and shall contain programs and activities to ensure
1044comprehensive plans are implemented. The sections of the
1045comprehensive plan containing the principles and strategies,
1046generally provided as goals, objectives, and policies, shall
1047describe how the local government's programs, activities, and
1048land development regulations will be initiated, modified, or
1049continued to implement the comprehensive plan in a consistent
1050manner. It is not the intent of this part to require the
1051inclusion of implementing regulations in the comprehensive plan
1052but rather to require identification of those programs,
1053activities, and land development regulations that will be part
1054of the strategy for implementing the comprehensive plan and the
1055principles that describe how the programs, activities, and land
1056development regulations will be carried out. The plan shall
1057establish meaningful and predictable standards for the use and
1058development of land and provide meaningful guidelines for the
1059content of more detailed land development and use regulations.
1060     (a)  The comprehensive plan shall consist of elements as
1061described in this section, and may include optional elements.
1062     (b)  A local government may include, as part of its adopted
1063plan, documents adopted by reference but not incorporated
1064verbatim into the plan. The adoption by reference must identify
1065the title and author of the document and indicate clearly what
1066provisions and edition of the document is being adopted.
1067     (c)  The format of these principles and guidelines is at
1068the discretion of the local government, but typically is
1069expressed in goals, objectives, policies, and strategies.
1070     (d)  The comprehensive plan shall identify procedures for
1071monitoring, evaluating, and appraising implementation of the
1072plan.
1073     (e)  When a federal, state, or regional agency has
1074implemented a regulatory program, a local government is not
1075required to duplicate or exceed that regulatory program in its
1076local comprehensive plan.
1077     (f)  All mandatory and optional elements of the
1078comprehensive plan and plan amendments shall be based upon
1079relevant and appropriate data and an analysis by the local
1080government that may include, but not be limited to, surveys,
1081studies, community goals and vision, and other data available at
1082the time of adoption of the comprehensive plan or plan
1083amendment. To be based on data means to react to it in an
1084appropriate way and to the extent necessary indicated by the
1085data available on that particular subject at the time of
1086adoption of the plan or plan amendment at issue.
1087     1.  Surveys, studies, and data utilized in the preparation
1088of the comprehensive plan may not be deemed a part of the
1089comprehensive plan unless adopted as a part of it. Copies of
1090such studies, surveys, data, and supporting documents for
1091proposed plans and plan amendments shall be made available for
1092public inspection, and copies of such plans shall be made
1093available to the public upon payment of reasonable charges for
1094reproduction. Support data or summaries are not subject to the
1095compliance review process, but the comprehensive plan must be
1096clearly based on appropriate data. Support data or summaries may
1097be used to aid in the determination of compliance and
1098consistency.
1099     2.  Data must be taken from professionally accepted
1100sources. The application of a methodology utilized in data
1101collection or whether a particular methodology is professionally
1102accepted may be evaluated. However, the evaluation may not
1103include whether one accepted methodology is better than another.
1104Original data collection by local governments is not required.
1105However, local governments may use original data so long as
1106methodologies are professionally accepted.
1107     3.  The comprehensive plan shall be based upon resident and
1108seasonal population estimates and projections, which shall
1109either be those provided by the University of Florida's Bureau
1110of Economic and Business Research or generated by the local
1111government based upon a professionally acceptable methodology.
1112The plan must be based on at least the minimum amount of land
1113required to accommodate the medium projections of the University
1114of Florida's Bureau of Economic and Business Research for at
1115least a 10-year planning period unless otherwise limited under
1116s. 380.05, including related rules of the Administration
1117Commission.
1118     (2)  Coordination of the several elements of the local
1119comprehensive plan shall be a major objective of the planning
1120process. The several elements of the comprehensive plan shall be
1121consistent. Where data is relevant to several elements,
1122consistent data shall be used, including population estimates
1123and projections unless alternative data can be justified for a
1124plan amendment through new supporting data and analysis. Each
1125map depicting future conditions must reflect the principles,
1126guidelines, and standards within all elements and each such map
1127must be contained within the comprehensive plan, and the
1128comprehensive plan shall be financially feasible. Financial
1129feasibility shall be determined using professionally accepted
1130methodologies and applies to the 5-year planning period, except
1131in the case of a long-term transportation or school concurrency
1132management system, in which case a 10-year or 15-year period
1133applies.
1134     (3)(a)  The comprehensive plan shall contain a capital
1135improvements element designed to consider the need for and the
1136location of public facilities in order to encourage the
1137efficient use of such facilities and set forth:
1138     1.  A component that outlines principles for construction,
1139extension, or increase in capacity of public facilities, as well
1140as a component that outlines principles for correcting existing
1141public facility deficiencies, which are necessary to implement
1142the comprehensive plan. The components shall cover at least a 5-
1143year period.
1144     2.  Estimated public facility costs, including a
1145delineation of when facilities will be needed, the general
1146location of the facilities, and projected revenue sources to
1147fund the facilities.
1148     3.  Standards to ensure the availability of public
1149facilities and the adequacy of those facilities to meet
1150established including acceptable levels of service.
1151     4.  Standards for the management of debt.
1152     4.5.  A schedule of capital improvements which includes any
1153publicly funded projects of federal, state, or local government,
1154and which may include privately funded projects for which the
1155local government has no fiscal responsibility. Projects,
1156necessary to ensure that any adopted level-of-service standards
1157are achieved and maintained for the 5-year period must be
1158identified as either funded or unfunded and given a level of
1159priority for funding. For capital improvements that will be
1160funded by the developer, financial feasibility shall be
1161demonstrated by being guaranteed in an enforceable development
1162agreement or interlocal agreement pursuant to paragraph (10)(h),
1163or other enforceable agreement. These development agreements and
1164interlocal agreements shall be reflected in the schedule of
1165capital improvements if the capital improvement is necessary to
1166serve development within the 5-year schedule. If the local
1167government uses planned revenue sources that require referenda
1168or other actions to secure the revenue source, the plan must, in
1169the event the referenda are not passed or actions do not secure
1170the planned revenue source, identify other existing revenue
1171sources that will be used to fund the capital projects or
1172otherwise amend the plan to ensure financial feasibility.
1173     5.6.  The schedule must include transportation improvements
1174included in the applicable metropolitan planning organization's
1175transportation improvement program adopted pursuant to s.
1176339.175(8) to the extent that such improvements are relied upon
1177to ensure concurrency and financial feasibility. The schedule
1178must also be coordinated with the applicable metropolitan
1179planning organization's long-range transportation plan adopted
1180pursuant to s. 339.175(7).
1181     (b)1.  The capital improvements element must be reviewed by
1182the local government on an annual basis. Modifications and
1183modified as necessary in accordance with s. 163.3187 or s.
1184163.3189 in order to update the maintain a financially feasible
11855-year capital improvement schedule of capital improvements.
1186Corrections and modifications concerning costs; revenue sources;
1187or acceptance of facilities pursuant to dedications which are
1188consistent with the plan may be accomplished by ordinance and
1189may shall not be deemed to be amendments to the local
1190comprehensive plan. A copy of the ordinance shall be transmitted
1191to the state land planning agency. An amendment to the
1192comprehensive plan is required to update the schedule on an
1193annual basis or to eliminate, defer, or delay the construction
1194for any facility listed in the 5-year schedule. All public
1195facilities must be consistent with the capital improvements
1196element. The annual update to the capital improvements element
1197of the comprehensive plan need not comply with the financial
1198feasibility requirement until December 1, 2011. Thereafter, a
1199local government may not amend its future land use map, except
1200for plan amendments to meet new requirements under this part and
1201emergency amendments pursuant to s. 163.3187(1)(a), after
1202December 1, 2011, and every year thereafter, unless and until
1203the local government has adopted the annual update and it has
1204been transmitted to the state land planning agency.
1205     2.  Capital improvements element amendments adopted after
1206the effective date of this act shall require only a single
1207public hearing before the governing board which shall be an
1208adoption hearing as described in s. 163.3184(7). Such amendments
1209are not subject to the requirements of s. 163.3184(3)-(6).
1210     (c)  If the local government does not adopt the required
1211annual update to the schedule of capital improvements, the state
1212land planning agency must notify the Administration Commission.
1213A local government that has a demonstrated lack of commitment to
1214meeting its obligations identified in the capital improvements
1215element may be subject to sanctions by the Administration
1216Commission pursuant to s. 163.3184(11).
1217     (d)  If a local government adopts a long-term concurrency
1218management system pursuant to s. 163.3180(9), it must also adopt
1219a long-term capital improvements schedule covering up to a 10-
1220year or 15-year period, and must update the long-term schedule
1221annually. The long-term schedule of capital improvements must be
1222financially feasible.
1223     (e)  At the discretion of the local government and
1224notwithstanding the requirements of this subsection, a
1225comprehensive plan, as revised by an amendment to the plan's
1226future land use map, shall be deemed to be financially feasible
1227and to have achieved and maintained level-of-service standards
1228as required by this section with respect to transportation
1229facilities if the amendment to the future land use map is
1230supported by a:
1231     1.  Condition in a development order for a development of
1232regional impact or binding agreement that addresses
1233proportionate-share mitigation consistent with s. 163.3180(12);
1234or
1235     2.  Binding agreement addressing proportionate fair-share
1236mitigation consistent with s. 163.3180(16)(f) and the property
1237subject to the amendment to the future land use map is located
1238within an area designated in a comprehensive plan for urban
1239infill, urban redevelopment, downtown revitalization, urban
1240infill and redevelopment, or an urban service area. The binding
1241agreement must be based on the maximum amount of development
1242identified by the future land use map amendment or as may be
1243otherwise restricted through a special area plan policy or map
1244notation in the comprehensive plan.
1245     (f)  A local government's comprehensive plan and plan
1246amendments for land uses within all transportation concurrency
1247exception areas that are designated and maintained in accordance
1248with s. 163.3180(5) shall be deemed to meet the requirement to
1249achieve and maintain level-of-service standards for
1250transportation.
1251     (4)(a)  Coordination of the local comprehensive plan with
1252the comprehensive plans of adjacent municipalities, the county,
1253adjacent counties, or the region; with the appropriate water
1254management district's regional water supply plans approved
1255pursuant to s. 373.709; and with adopted rules pertaining to
1256designated areas of critical state concern; and with the state
1257comprehensive plan shall be a major objective of the local
1258comprehensive planning process. To that end, in the preparation
1259of a comprehensive plan or element thereof, and in the
1260comprehensive plan or element as adopted, the governing body
1261shall include a specific policy statement indicating the
1262relationship of the proposed development of the area to the
1263comprehensive plans of adjacent municipalities, the county,
1264adjacent counties, or the region and to the state comprehensive
1265plan, as the case may require and as such adopted plans or plans
1266in preparation may exist.
1267     (b)  When all or a portion of the land in a local
1268government jurisdiction is or becomes part of a designated area
1269of critical state concern, the local government shall clearly
1270identify those portions of the local comprehensive plan that
1271shall be applicable to the critical area and shall indicate the
1272relationship of the proposed development of the area to the
1273rules for the area of critical state concern.
1274     (5)(a)  Each local government comprehensive plan must
1275include at least two planning periods, one covering at least the
1276first 5-year period occurring after the plan's adoption and one
1277covering at least a 10-year period. Additional planning periods
1278for specific components, elements, land use amendments, or
1279projects shall be permissible and accepted as part of the
1280planning process.
1281     (b)  The comprehensive plan and its elements shall contain
1282guidelines or policies policy recommendations for the
1283implementation of the plan and its elements.
1284     (6)  In addition to the requirements of subsections (1)-(5)
1285and (12), the comprehensive plan shall include the following
1286elements:
1287     (a)  A future land use plan element designating proposed
1288future general distribution, location, and extent of the uses of
1289land for residential uses, commercial uses, industry,
1290agriculture, recreation, conservation, education, public
1291buildings and grounds, other public facilities, and other
1292categories of the public and private uses of land. The
1293approximate acreage and the general range of density or
1294intensity of use shall be provided for the gross land area
1295included in each existing land use category. The element shall
1296establish the long-term end toward which land use programs and
1297activities are ultimately directed. Counties are encouraged to
1298designate rural land stewardship areas, pursuant to paragraph
1299(11)(d), as overlays on the future land use map.
1300     1.  Each future land use category must be defined in terms
1301of uses included, and must include standards to be followed in
1302the control and distribution of population densities and
1303building and structure intensities. The proposed distribution,
1304location, and extent of the various categories of land use shall
1305be shown on a land use map or map series which shall be
1306supplemented by goals, policies, and measurable objectives.
1307     2.  The future land use plan and plan amendments shall be
1308based upon surveys, studies, and data regarding the area, as
1309applicable, including:
1310     a.  The amount of land required to accommodate anticipated
1311growth.;
1312     b.  The projected residential and seasonal population of
1313the area.;
1314     c.  The character of undeveloped land.;
1315     d.  The availability of water supplies, public facilities,
1316and services.;
1317     e.  The need for redevelopment, including the renewal of
1318blighted areas and the elimination of nonconforming uses which
1319are inconsistent with the character of the community.;
1320     f.  The compatibility of uses on lands adjacent to or
1321closely proximate to military installations.;
1322     g.  The compatibility of uses on lands adjacent to an
1323airport as defined in s. 330.35 and consistent with s. 333.02.;
1324     h.  The discouragement of urban sprawl.; energy-efficient
1325land use patterns accounting for existing and future electric
1326power generation and transmission systems; greenhouse gas
1327reduction strategies; and, in rural communities,
1328     i.  The need for job creation, capital investment, and
1329economic development that will strengthen and diversify the
1330community's economy.
1331     j.  The need to modify land uses and development patterns
1332within antiquated subdivisions. The future land use plan may
1333designate areas for future planned development use involving
1334combinations of types of uses for which special regulations may
1335be necessary to ensure development in accord with the principles
1336and standards of the comprehensive plan and this act.
1337     3.  The future land use plan element shall include criteria
1338to be used to:
1339     a.  Achieve the compatibility of lands adjacent or closely
1340proximate to military installations, considering factors
1341identified in s. 163.3175(5)., and
1342     b.  Achieve the compatibility of lands adjacent to an
1343airport as defined in s. 330.35 and consistent with s. 333.02.
1344     c.  Encourage preservation of recreational and commercial
1345working waterfronts for water dependent uses in coastal
1346communities.
1347     d.  Encourage the location of schools proximate to urban
1348residential areas to the extent possible.
1349     e.  Coordinate future land uses with the topography and
1350soil conditions, and the availability of facilities and
1351services.
1352     f.  Ensure the protection of natural and historic
1353resources.
1354     g.  Provide for the compatibility of adjacent land uses.
1355     h.  Provide guidelines for the implementation of mixed use
1356development including the types of uses allowed, the percentage
1357distribution among the mix of uses, or other standards, and the
1358density and intensity of each use.
1359     4.  In addition, for rural communities, The amount of land
1360designated for future planned uses industrial use shall provide
1361a balance of uses that foster vibrant, viable communities and
1362economic development opportunities and address outdated
1363development patterns, such as antiquated subdivisions. The
1364amount of land designated for future land uses should allow the
1365operation of real estate markets to provide adequate choices for
1366permanent and seasonal residents and business and be based upon
1367surveys and studies that reflect the need for job creation,
1368capital investment, and the necessity to strengthen and
1369diversify the local economies, and may not be limited solely by
1370the projected population of the rural community. The element
1371shall accommodate at least the minimum amount of land required
1372to accommodate the medium projections of the University of
1373Florida's Bureau of Economic and Business Research for at least
1374a 10-year planning period unless otherwise limited under s.
1375380.05, including related rules of the Administration
1376Commission.
1377     5.  The future land use plan of a county may also designate
1378areas for possible future municipal incorporation.
1379     6.  The land use maps or map series shall generally
1380identify and depict historic district boundaries and shall
1381designate historically significant properties meriting
1382protection. For coastal counties, the future land use element
1383must include, without limitation, regulatory incentives and
1384criteria that encourage the preservation of recreational and
1385commercial working waterfronts as defined in s. 342.07.
1386     7.  The future land use element must clearly identify the
1387land use categories in which public schools are an allowable
1388use. When delineating the land use categories in which public
1389schools are an allowable use, a local government shall include
1390in the categories sufficient land proximate to residential
1391development to meet the projected needs for schools in
1392coordination with public school boards and may establish
1393differing criteria for schools of different type or size. Each
1394local government shall include lands contiguous to existing
1395school sites, to the maximum extent possible, within the land
1396use categories in which public schools are an allowable use. The
1397failure by a local government to comply with these school siting
1398requirements will result in the prohibition of the local
1399government's ability to amend the local comprehensive plan,
1400except for plan amendments described in s. 163.3187(1)(b), until
1401the school siting requirements are met. Amendments proposed by a
1402local government for purposes of identifying the land use
1403categories in which public schools are an allowable use are
1404exempt from the limitation on the frequency of plan amendments
1405contained in s. 163.3187. The future land use element shall
1406include criteria that encourage the location of schools
1407proximate to urban residential areas to the extent possible and
1408shall require that the local government seek to collocate public
1409facilities, such as parks, libraries, and community centers,
1410with schools to the extent possible and to encourage the use of
1411elementary schools as focal points for neighborhoods. For
1412schools serving predominantly rural counties, defined as a
1413county with a population of 100,000 or fewer, an agricultural
1414land use category is eligible for the location of public school
1415facilities if the local comprehensive plan contains school
1416siting criteria and the location is consistent with such
1417criteria.
1418     8.  Future land use map amendments shall be based upon the
1419following analyses:
1420     a.  An analysis of the availability of facilities and
1421services.
1422     b.  An analysis of the suitability of the plan amendment
1423for its proposed use considering the character of the
1424undeveloped land, soils, topography, natural resources, and
1425historic resources on site.
1426     c.  An analysis of the minimum amount of land needed as
1427determined by the local government.
1428     9.  The future land use element and any amendment to the
1429future land use element shall discourage the proliferation of
1430urban sprawl.
1431     a.  The primary indicators that a plan or plan amendment
1432does not discourage the proliferation of urban sprawl are listed
1433below. The evaluation of the presence of these indicators shall
1434consist of an analysis of the plan or plan amendment within the
1435context of features and characteristics unique to each locality
1436in order to determine whether the plan or plan amendment:
1437     (I)  Promotes, allows, or designates for development
1438substantial areas of the jurisdiction to develop as low-
1439intensity, low-density, or single-use development or uses.
1440     (II)  Promotes, allows, or designates significant amounts
1441of urban development to occur in rural areas at substantial
1442distances from existing urban areas while not using undeveloped
1443lands that are available and suitable for development.
1444     (III)  Promotes, allows, or designates urban development in
1445radial, strip, isolated, or ribbon patterns generally emanating
1446from existing urban developments.
1447     (IV)  Fails to adequately protect and conserve natural
1448resources, such as wetlands, floodplains, native vegetation,
1449environmentally sensitive areas, natural groundwater aquifer
1450recharge areas, lakes, rivers, shorelines, beaches, bays,
1451estuarine systems, and other significant natural systems.
1452     (V)  Fails to adequately protect adjacent agricultural
1453areas and activities, including silviculture, active
1454agricultural and silvicultural activities, passive agricultural
1455activities, and dormant, unique, and prime farmlands and soils.
1456     (VI)  Fails to maximize use of existing public facilities
1457and services.
1458     (VII)  Fails to maximize use of future public facilities
1459and services.
1460     (VIII)  Allows for land use patterns or timing which
1461disproportionately increase the cost in time, money, and energy
1462of providing and maintaining facilities and services, including
1463roads, potable water, sanitary sewer, stormwater management, law
1464enforcement, education, health care, fire and emergency
1465response, and general government.
1466     (IX)  Fails to provide a clear separation between rural and
1467urban uses.
1468     (X)  Discourages or inhibits infill development or the
1469redevelopment of existing neighborhoods and communities.
1470     (XI)  Fails to encourage a functional mix of uses.
1471     (XII)  Results in poor accessibility among linked or
1472related land uses.
1473     (XIII)  Results in the loss of significant amounts of
1474functional open space.
1475     b.  The future land use element or plan amendment shall be
1476determined to discourage the proliferation of urban sprawl if it
1477incorporates a development pattern or urban form that achieves
1478four or more of the following:
1479     (I)  Directs or locates economic growth and associated land
1480development to geographic areas of the community in a manner
1481that does not have an adverse impact on and protects natural
1482resources and ecosystems.
1483     (II)  Promotes the efficient and cost-effective provision
1484or extension of public infrastructure and services.
1485     (III)  Promotes walkable and connected communities and
1486provides for compact development and a mix of uses at densities
1487and intensities that will support a range of housing choices and
1488a multimodal transportation system, including pedestrian,
1489bicycle, and transit, if available.
1490     (IV)  Promotes conservation of water and energy.
1491     (V)  Preserves agricultural areas and activities, including
1492silviculture, and dormant, unique, and prime farmlands and
1493soils.
1494     (VI)  Preserves open space and natural lands and provides
1495for public open space and recreation needs.
1496     (VII)  Creates a balance of land uses based upon demands of
1497residential population for the nonresidential needs of an area.
1498     (VIII)  Provides uses, densities, and intensities of use
1499and urban form that would remediate an existing or planned
1500development pattern in the vicinity that constitutes sprawl or
1501if it provides for an innovative development pattern such as
1502transit-oriented developments or new towns as defined in s.
1503163.3164.
1504     10.  The future land use element shall include a future
1505land use map or map series.
1506     a.  The proposed distribution, extent, and location of the
1507following uses shall be shown on the future land use map or map
1508series:
1509     (I)  Residential.
1510     (II)  Commercial.
1511     (III)  Industrial.
1512     (IV)  Agricultural.
1513     (V)  Recreational.
1514     (VI)  Conservation.
1515     (VII)  Educational.
1516     (VIII)  Public.
1517     b.  The following areas shall also be shown on the future
1518land use map or map series, if applicable:
1519     (I)  Historic district boundaries and designated
1520historically significant properties.
1521     (II)  Transportation concurrency management area boundaries
1522or transportation concurrency exception area boundaries.
1523     (III)  Multimodal transportation district boundaries.
1524     (IV)  Mixed use categories.
1525     c.  The following natural resources or conditions shall be
1526shown on the future land use map or map series, if applicable:
1527     (I)  Existing and planned public potable waterwells, cones
1528of influence, and wellhead protection areas.
1529     (II)  Beaches and shores, including estuarine systems.
1530     (III)  Rivers, bays, lakes, floodplains, and harbors.
1531     (IV)  Wetlands.
1532     (V)  Minerals and soils.
1533     (VI)  Coastal high hazard areas.
1534     11.  Local governments required to update or amend their
1535comprehensive plan to include criteria and address compatibility
1536of lands adjacent or closely proximate to existing military
1537installations, or lands adjacent to an airport as defined in s.
1538330.35 and consistent with s. 333.02, in their future land use
1539plan element shall transmit the update or amendment to the state
1540land planning agency by June 30, 2012.
1541     (b)  A transportation element addressing mobility issues in
1542relationship to the size and character of the local government.
1543The purpose of the transportation element shall be to plan for a
1544multimodal transportation system that places emphasis on public
1545transportation systems, where feasible. The element shall
1546provide for a safe, convenient multimodal transportation system,
1547coordinated with the future land use map or map series and
1548designed to support all elements of the comprehensive plan. A
1549local government that has all or part of its jurisdiction
1550included within the metropolitan planning area of a metropolitan
1551planning organization (M.P.O.) pursuant to s. 339.175 shall
1552prepare and adopt a transportation element consistent with this
1553subsection. Local governments that are not located within the
1554metropolitan planning area of an M.P.O. shall address traffic
1555circulation, mass transit, and ports, and aviation and related
1556facilities consistent with this subsection, except that local
1557governments with a population of 50,000 or less shall only be
1558required to address transportation circulation. The element
1559shall be coordinated with the plans and programs of any
1560applicable metropolitan planning organization, transportation
1561authority, Florida Transportation Plan, and Department of
1562Transportation's adopted work program.
1563     1.  Each local government's transportation element shall
1564address
1565     (b)  A traffic circulation, including element consisting of
1566the types, locations, and extent of existing and proposed major
1567thoroughfares and transportation routes, including bicycle and
1568pedestrian ways. Transportation corridors, as defined in s.
1569334.03, may be designated in the transportation traffic
1570circulation element pursuant to s. 337.273. If the
1571transportation corridors are designated, the local government
1572may adopt a transportation corridor management ordinance. The
1573element shall include a map or map series showing the general
1574location of the existing and proposed transportation system
1575features and shall be coordinated with the future land use map
1576or map series. The element shall reflect the data, analysis, and
1577associated principles and strategies relating to:
1578     a.  The existing transportation system levels of service
1579and system needs and the availability of transportation
1580facilities and services.
1581     b.  The growth trends and travel patterns and interactions
1582between land use and transportation.
1583     c.  Existing and projected intermodal deficiencies and
1584needs.
1585     d.  The projected transportation system levels of service
1586and system needs based upon the future land use map and the
1587projected integrated transportation system.
1588     e.  How the local government will correct existing facility
1589deficiencies, meet the identified needs of the projected
1590transportation system, and advance the purpose of this paragraph
1591and the other elements of the comprehensive plan.
1592     2.  Local governments within a metropolitan planning area
1593designated as an M.P.O. pursuant to s. 339.175 shall also
1594address:
1595     a.  All alternative modes of travel, such as public
1596transportation, pedestrian, and bicycle travel.
1597     b.  Aviation, rail, seaport facilities, access to those
1598facilities, and intermodal terminals.
1599     c.  The capability to evacuate the coastal population
1600before an impending natural disaster.
1601     d.  Airports, projected airport and aviation development,
1602and land use compatibility around airports, which includes areas
1603defined in ss. 333.01 and 333.02.
1604     e.  An identification of land use densities, building
1605intensities, and transportation management programs to promote
1606public transportation systems in designated public
1607transportation corridors so as to encourage population densities
1608sufficient to support such systems.
1609     3.  Municipalities having populations greater than 50,000,
1610and counties having populations greater than 75,000, shall
1611include mass-transit provisions showing proposed methods for the
1612moving of people, rights-of-way, terminals, and related
1613facilities and shall address:
1614     a.  The provision of efficient public transit services
1615based upon existing and proposed major trip generators and
1616attractors, safe and convenient public transit terminals, land
1617uses, and accommodation of the special needs of the
1618transportation disadvantaged.
1619     b.  Plans for port, aviation, and related facilities
1620coordinated with the general circulation and transportation
1621element.
1622     c.  Plans for the circulation of recreational traffic,
1623including bicycle facilities, exercise trails, riding
1624facilities, and such other matters as may be related to the
1625improvement and safety of movement of all types of recreational
1626traffic.
1627     4.  At the option of a local government, an airport master
1628plan, and any subsequent amendments to the airport master plan,
1629prepared by a licensed publicly owned and operated airport under
1630s. 333.06 may be incorporated into the local government
1631comprehensive plan by the local government having jurisdiction
1632under this act for the area in which the airport or projected
1633airport development is located by the adoption of a
1634comprehensive plan amendment. In the amendment to the local
1635comprehensive plan that integrates the airport master plan, the
1636comprehensive plan amendment shall address land use
1637compatibility consistent with chapter 333 regarding airport
1638zoning; the provision of regional transportation facilities for
1639the efficient use and operation of the transportation system and
1640airport; consistency with the local government transportation
1641circulation element and applicable M.P.O. long-range
1642transportation plans; the execution of any necessary interlocal
1643agreements for the purposes of the provision of public
1644facilities and services to maintain the adopted level-of-service
1645standards for facilities subject to concurrency; and may address
1646airport-related or aviation-related development. Development or
1647expansion of an airport consistent with the adopted airport
1648master plan that has been incorporated into the local
1649comprehensive plan in compliance with this part, and airport-
1650related or aviation-related development that has been addressed
1651in the comprehensive plan amendment that incorporates the
1652airport master plan, do not constitute a development of regional
1653impact. Notwithstanding any other general law, an airport that
1654has received a development-of-regional-impact development order
1655pursuant to s. 380.06, but which is no longer required to
1656undergo development-of-regional-impact review pursuant to this
1657subsection, may rescind its development-of-regional-impact order
1658upon written notification to the applicable local government.
1659Upon receipt by the local government, the development-of-
1660regional-impact development order shall be deemed rescinded. The
1661traffic circulation element shall incorporate transportation
1662strategies to address reduction in greenhouse gas emissions from
1663the transportation sector.
1664     (c)  A general sanitary sewer, solid waste, drainage,
1665potable water, and natural groundwater aquifer recharge element
1666correlated to principles and guidelines for future land use,
1667indicating ways to provide for future potable water, drainage,
1668sanitary sewer, solid waste, and aquifer recharge protection
1669requirements for the area. The element may be a detailed
1670engineering plan including a topographic map depicting areas of
1671prime groundwater recharge.
1672     1.  Each local government shall address in the data and
1673analyses required by this section those facilities that provide
1674service within the local government's jurisdiction. Local
1675governments that provide facilities to serve areas within other
1676local government jurisdictions shall also address those
1677facilities in the data and analyses required by this section,
1678using data from the comprehensive plan for those areas for the
1679purpose of projecting facility needs as required in this
1680subsection. For shared facilities, each local government shall
1681indicate the proportional capacity of the systems allocated to
1682serve its jurisdiction.
1683     2.  The element shall describe the problems and needs and
1684the general facilities that will be required for solution of the
1685problems and needs, including correcting existing facility
1686deficiencies. The element shall address coordinating the
1687extension of, or increase in the capacity of, facilities to meet
1688future needs while maximizing the use of existing facilities and
1689discouraging urban sprawl; conservation of potable water
1690resources; and protecting the functions of natural groundwater
1691recharge areas and natural drainage features. The element shall
1692also include a topographic map depicting any areas adopted by a
1693regional water management district as prime groundwater recharge
1694areas for the Floridan or Biscayne aquifers. These areas shall
1695be given special consideration when the local government is
1696engaged in zoning or considering future land use for said
1697designated areas. For areas served by septic tanks, soil surveys
1698shall be provided which indicate the suitability of soils for
1699septic tanks.
1700     3.  Within 18 months after the governing board approves an
1701updated regional water supply plan, the element must incorporate
1702the alternative water supply project or projects selected by the
1703local government from those identified in the regional water
1704supply plan pursuant to s. 373.709(2)(a) or proposed by the
1705local government under s. 373.709(8)(b). If a local government
1706is located within two water management districts, the local
1707government shall adopt its comprehensive plan amendment within
170818 months after the later updated regional water supply plan.
1709The element must identify such alternative water supply projects
1710and traditional water supply projects and conservation and reuse
1711necessary to meet the water needs identified in s. 373.709(2)(a)
1712within the local government's jurisdiction and include a work
1713plan, covering at least a 10-year planning period, for building
1714public, private, and regional water supply facilities, including
1715development of alternative water supplies, which are identified
1716in the element as necessary to serve existing and new
1717development. The work plan shall be updated, at a minimum, every
17185 years within 18 months after the governing board of a water
1719management district approves an updated regional water supply
1720plan. Amendments to incorporate the work plan do not count
1721toward the limitation on the frequency of adoption of amendments
1722to the comprehensive plan. Local governments, public and private
1723utilities, regional water supply authorities, special districts,
1724and water management districts are encouraged to cooperatively
1725plan for the development of multijurisdictional water supply
1726facilities that are sufficient to meet projected demands for
1727established planning periods, including the development of
1728alternative water sources to supplement traditional sources of
1729groundwater and surface water supplies.
1730     (d)  A conservation element for the conservation, use, and
1731protection of natural resources in the area, including air,
1732water, water recharge areas, wetlands, waterwells, estuarine
1733marshes, soils, beaches, shores, flood plains, rivers, bays,
1734lakes, harbors, forests, fisheries and wildlife, marine habitat,
1735minerals, and other natural and environmental resources,
1736including factors that affect energy conservation.
1737     1.  The following natural resources, where present within
1738the local government's boundaries, shall be identified and
1739analyzed and existing recreational or conservation uses, known
1740pollution problems, including hazardous wastes, and the
1741potential for conservation, recreation, use, or protection shall
1742also be identified:
1743     a.  Rivers, bays, lakes, wetlands including estuarine
1744marshes, groundwaters, and springs, including information on
1745quality of the resource available.
1746     b.  Floodplains.
1747     c.  Known sources of commercially valuable minerals.
1748     d.  Areas known to have experienced soil erosion problems.
1749     e.  Areas that are the location of recreationally and
1750commercially important fish or shellfish, wildlife, marine
1751habitats, and vegetative communities, including forests,
1752indicating known dominant species present and species listed by
1753federal, state, or local government agencies as endangered,
1754threatened, or species of special concern.
1755     2.  The element must contain principles, guidelines, and
1756standards for conservation that provide long-term goals and
1757which:
1758     a.  Protects air quality.
1759     b.  Conserves, appropriately uses, and protects the quality
1760and quantity of current and projected water sources and waters
1761that flow into estuarine waters or oceanic waters and protect
1762from activities and land uses known to affect adversely the
1763quality and quantity of identified water sources, including
1764natural groundwater recharge areas, wellhead protection areas,
1765and surface waters used as a source of public water supply.
1766     c.  Provides for the emergency conservation of water
1767sources in accordance with the plans of the regional water
1768management district.
1769     d.  Conserves, appropriately uses, and protects minerals,
1770soils, and native vegetative communities, including forests,
1771from destruction by development activities.
1772     e.  Conserves, appropriately uses, and protects fisheries,
1773wildlife, wildlife habitat, and marine habitat and restricts
1774activities known to adversely affect the survival of endangered
1775and threatened wildlife.
1776     f.  Protects existing natural reservations identified in
1777the recreation and open space element.
1778     g.  Maintains cooperation with adjacent local governments
1779to conserve, appropriately use, or protect unique vegetative
1780communities located within more than one local jurisdiction.
1781     h.  Designates environmentally sensitive lands for
1782protection based on locally determined criteria which further
1783the goals and objectives of the conservation element.
1784     i.  Manages hazardous waste to protect natural resources.
1785     j.  Protects and conserves wetlands and the natural
1786functions of wetlands.
1787     k.  Directs future land uses that are incompatible with the
1788protection and conservation of wetlands and wetland functions
1789away from wetlands. The type, intensity or density, extent,
1790distribution, and location of allowable land uses and the types,
1791values, functions, sizes, conditions, and locations of wetlands
1792are land use factors that shall be considered when directing
1793incompatible land uses away from wetlands. Land uses shall be
1794distributed in a manner that minimizes the effect and impact on
1795wetlands. The protection and conservation of wetlands by the
1796direction of incompatible land uses away from wetlands shall
1797occur in combination with other principles, guidelines,
1798standards, and strategies in the comprehensive plan. Where
1799incompatible land uses are allowed to occur, mitigation shall be
1800considered as one means to compensate for loss of wetlands
1801functions.
1802     3.  Local governments shall assess their Current and, as
1803well as projected, water needs and sources for at least a 10-
1804year period based on the demands for industrial, agricultural,
1805and potable water use and the quality and quantity of water
1806available to meet these demands shall be analyzed.  The analysis
1807shall consider the existing levels of water conservation, use,
1808and protection and applicable policies of the regional water
1809management district and further must consider, considering the
1810appropriate regional water supply plan approved pursuant to s.
1811373.709, or, in the absence of an approved regional water supply
1812plan, the district water management plan approved pursuant to s.
1813373.036(2). This information shall be submitted to the
1814appropriate agencies. The land use map or map series contained
1815in the future land use element shall generally identify and
1816depict the following:
1817     1.  Existing and planned waterwells and cones of influence
1818where applicable.
1819     2.  Beaches and shores, including estuarine systems.
1820     3.  Rivers, bays, lakes, flood plains, and harbors.
1821     4.  Wetlands.
1822     5.  Minerals and soils.
1823     6.  Energy conservation.
1824
1825The land uses identified on such maps shall be consistent with
1826applicable state law and rules.
1827     (e)  A recreation and open space element indicating a
1828comprehensive system of public and private sites for recreation,
1829including, but not limited to, natural reservations, parks and
1830playgrounds, parkways, beaches and public access to beaches,
1831open spaces, waterways, and other recreational facilities.
1832     (f)1.  A housing element consisting of standards, plans,
1833and principles, guidelines, standards, and strategies to be
1834followed in:
1835     a.  The provision of housing for all current and
1836anticipated future residents of the jurisdiction.
1837     b.  The elimination of substandard dwelling conditions.
1838     c.  The structural and aesthetic improvement of existing
1839housing.
1840     d.  The provision of adequate sites for future housing,
1841including affordable workforce housing as defined in s.
1842380.0651(3)(h)(j), housing for low-income, very low-income, and
1843moderate-income families, mobile homes, and group home
1844facilities and foster care facilities, with supporting
1845infrastructure and public facilities.
1846     e.  Provision for relocation housing and identification of
1847historically significant and other housing for purposes of
1848conservation, rehabilitation, or replacement.
1849     f.  The formulation of housing implementation programs.
1850     g.  The creation or preservation of affordable housing to
1851minimize the need for additional local services and avoid the
1852concentration of affordable housing units only in specific areas
1853of the jurisdiction.
1854     h.  Energy efficiency in the design and construction of new
1855housing.
1856     i.  Use of renewable energy resources.
1857     j.  Each county in which the gap between the buying power
1858of a family of four and the median county home sale price
1859exceeds $170,000, as determined by the Florida Housing Finance
1860Corporation, and which is not designated as an area of critical
1861state concern shall adopt a plan for ensuring affordable
1862workforce housing. At a minimum, the plan shall identify
1863adequate sites for such housing. For purposes of this sub-
1864subparagraph, the term "workforce housing" means housing that is
1865affordable to natural persons or families whose total household
1866income does not exceed 140 percent of the area median income,
1867adjusted for household size.
1868     k.  As a precondition to receiving any state affordable
1869housing funding or allocation for any project or program within
1870the jurisdiction of a county that is subject to sub-subparagraph
1871j., a county must, by July 1 of each year, provide certification
1872that the county has complied with the requirements of sub-
1873subparagraph j.
1874     2.  The principles, guidelines, standards, and strategies
1875goals, objectives, and policies of the housing element must be
1876based on the data and analysis prepared on housing needs,
1877including an inventory taken from the latest decennial United
1878States Census or more recent estimates, which shall include the
1879number and distribution of dwelling units by type, tenure, age,
1880rent, value, monthly cost of owner-occupied units, and rent or
1881cost to income ratio, and shall show the number of dwelling
1882units that are substandard. The inventory shall also include the
1883methodology used to estimate the condition of housing, a
1884projection of the anticipated number of households by size,
1885income range, and age of residents derived from the population
1886projections, and the minimum housing need of the current and
1887anticipated future residents of the jurisdiction the affordable
1888housing needs assessment.
1889     3.  The housing element must express principles,
1890guidelines, standards, and strategies that reflect, as needed,
1891the creation and preservation of affordable housing for all
1892current and anticipated future residents of the jurisdiction,
1893elimination of substandard housing conditions, adequate sites,
1894and distribution of housing for a range of incomes and types,
1895including mobile and manufactured homes. The element must
1896provide for specific programs and actions to partner with
1897private and nonprofit sectors to address housing needs in the
1898jurisdiction, streamline the permitting process, and minimize
1899costs and delays for affordable housing, establish standards to
1900address the quality of housing, stabilization of neighborhoods,
1901and identification and improvement of historically significant
1902housing.
1903     4.  State and federal housing plans prepared on behalf of
1904the local government must be consistent with the goals,
1905objectives, and policies of the housing element. Local
1906governments are encouraged to use job training, job creation,
1907and economic solutions to address a portion of their affordable
1908housing concerns.
1909     2.  To assist local governments in housing data collection
1910and analysis and assure uniform and consistent information
1911regarding the state's housing needs, the state land planning
1912agency shall conduct an affordable housing needs assessment for
1913all local jurisdictions on a schedule that coordinates the
1914implementation of the needs assessment with the evaluation and
1915appraisal reports required by s. 163.3191. Each local government
1916shall utilize the data and analysis from the needs assessment as
1917one basis for the housing element of its local comprehensive
1918plan. The agency shall allow a local government the option to
1919perform its own needs assessment, if it uses the methodology
1920established by the agency by rule.
1921     (g)1.  For those units of local government identified in s.
1922380.24, a coastal management element, appropriately related to
1923the particular requirements of paragraphs (d) and (e) and
1924meeting the requirements of s. 163.3178(2) and (3). The coastal
1925management element shall set forth the principles, guidelines,
1926standards, and strategies policies that shall guide the local
1927government's decisions and program implementation with respect
1928to the following objectives:
1929     1.a.  Maintain, restore, and enhance Maintenance,
1930restoration, and enhancement of the overall quality of the
1931coastal zone environment, including, but not limited to, its
1932amenities and aesthetic values.
1933     2.b.  Preserve the continued existence of viable
1934populations of all species of wildlife and marine life.
1935     3.c.  Protect the orderly and balanced utilization and
1936preservation, consistent with sound conservation principles, of
1937all living and nonliving coastal zone resources.
1938     4.d.  Avoid Avoidance of irreversible and irretrievable
1939loss of coastal zone resources.
1940     5.e.  Use ecological planning principles and assumptions to
1941be used in the determination of the suitability and extent of
1942permitted development.
1943     f.  Proposed management and regulatory techniques.
1944     6.g.  Limit Limitation of public expenditures that
1945subsidize development in high-hazard coastal high-hazard areas.
1946     7.h.  Protect Protection of human life against the effects
1947of natural disasters.
1948     8.i.  Direct the orderly development, maintenance, and use
1949of ports identified in s. 403.021(9) to facilitate deepwater
1950commercial navigation and other related activities.
1951     9.j.  Preserve historic and archaeological resources, which
1952include the Preservation, including sensitive adaptive use of
1953these historic and archaeological resources.
1954     2.  As part of this element, a local government that has a
1955coastal management element in its comprehensive plan is
1956encouraged to adopt recreational surface water use policies that
1957include applicable criteria for and consider such factors as
1958natural resources, manatee protection needs, protection of
1959working waterfronts and public access to the water, and
1960recreation and economic demands. Criteria for manatee protection
1961in the recreational surface water use policies should reflect
1962applicable guidance outlined in the Boat Facility Siting Guide
1963prepared by the Fish and Wildlife Conservation Commission. If
1964the local government elects to adopt recreational surface water
1965use policies by comprehensive plan amendment, such comprehensive
1966plan amendment is exempt from the provisions of s. 163.3187(1).
1967Local governments that wish to adopt recreational surface water
1968use policies may be eligible for assistance with the development
1969of such policies through the Florida Coastal Management Program.
1970The Office of Program Policy Analysis and Government
1971Accountability shall submit a report on the adoption of
1972recreational surface water use policies under this subparagraph
1973to the President of the Senate, the Speaker of the House of
1974Representatives, and the majority and minority leaders of the
1975Senate and the House of Representatives no later than December
19761, 2010.
1977     (h)1.  An intergovernmental coordination element showing
1978relationships and stating principles and guidelines to be used
1979in coordinating the adopted comprehensive plan with the plans of
1980school boards, regional water supply authorities, and other
1981units of local government providing services but not having
1982regulatory authority over the use of land, with the
1983comprehensive plans of adjacent municipalities, the county,
1984adjacent counties, or the region, with the state comprehensive
1985plan and with the applicable regional water supply plan approved
1986pursuant to s. 373.709, as the case may require and as such
1987adopted plans or plans in preparation may exist. This element of
1988the local comprehensive plan must demonstrate consideration of
1989the particular effects of the local plan, when adopted, upon the
1990development of adjacent municipalities, the county, adjacent
1991counties, or the region, or upon the state comprehensive plan,
1992as the case may require.
1993     a.  The intergovernmental coordination element must provide
1994procedures for identifying and implementing joint planning
1995areas, especially for the purpose of annexation, municipal
1996incorporation, and joint infrastructure service areas.
1997     b.  The intergovernmental coordination element must provide
1998for recognition of campus master plans prepared pursuant to s.
19991013.30 and airport master plans under paragraph (k).
2000     c.  The intergovernmental coordination element shall
2001provide for a dispute resolution process, as established
2002pursuant to s. 186.509, for bringing intergovernmental disputes
2003to closure in a timely manner.
2004     c.d.  The intergovernmental coordination element shall
2005provide for interlocal agreements as established pursuant to s.
2006333.03(1)(b).
2007     2.  The intergovernmental coordination element shall also
2008state principles and guidelines to be used in coordinating the
2009adopted comprehensive plan with the plans of school boards and
2010other units of local government providing facilities and
2011services but not having regulatory authority over the use of
2012land. In addition, the intergovernmental coordination element
2013must describe joint processes for collaborative planning and
2014decisionmaking on population projections and public school
2015siting, the location and extension of public facilities subject
2016to concurrency, and siting facilities with countywide
2017significance, including locally unwanted land uses whose nature
2018and identity are established in an agreement.
2019     3.  Within 1 year after adopting their intergovernmental
2020coordination elements, each county, all the municipalities
2021within that county, the district school board, and any unit of
2022local government service providers in that county shall
2023establish by interlocal or other formal agreement executed by
2024all affected entities, the joint processes described in this
2025subparagraph consistent with their adopted intergovernmental
2026coordination elements. The element must:
2027     a.  Ensure that the local government addresses through
2028coordination mechanisms the impacts of development proposed in
2029the local comprehensive plan upon development in adjacent
2030municipalities, the county, adjacent counties, the region, and
2031the state. The area of concern for municipalities shall include
2032adjacent municipalities, the county, and counties adjacent to
2033the municipality. The area of concern for counties shall include
2034all municipalities within the county, adjacent counties, and
2035adjacent municipalities.
2036     b.  Ensure coordination in establishing level of service
2037standards for public facilities with any state, regional, or
2038local entity having operational and maintenance responsibility
2039for such facilities.
2040     3.  To foster coordination between special districts and
2041local general-purpose governments as local general-purpose
2042governments implement local comprehensive plans, each
2043independent special district must submit a public facilities
2044report to the appropriate local government as required by s.
2045189.415.
2046     4.  Local governments shall execute an interlocal agreement
2047with the district school board, the county, and nonexempt
2048municipalities pursuant to s. 163.31777. The local government
2049shall amend the intergovernmental coordination element to ensure
2050that coordination between the local government and school board
2051is pursuant to the agreement and shall state the obligations of
2052the local government under the agreement. Plan amendments that
2053comply with this subparagraph are exempt from the provisions of
2054s. 163.3187(1).
2055     5.  By January 1, 2004, any county having a population
2056greater than 100,000, and the municipalities and special
2057districts within that county, shall submit a report to the
2058Department of Community Affairs which identifies:
2059     a.   All existing or proposed interlocal service delivery
2060agreements relating to education; sanitary sewer; public safety;
2061solid waste; drainage; potable water; parks and recreation; and
2062transportation facilities.
2063     b.   Any deficits or duplication in the provision of
2064services within its jurisdiction, whether capital or
2065operational. Upon request, the Department of Community Affairs
2066shall provide technical assistance to the local governments in
2067identifying deficits or duplication.
2068     6.  Within 6 months after submission of the report, the
2069Department of Community Affairs shall, through the appropriate
2070regional planning council, coordinate a meeting of all local
2071governments within the regional planning area to discuss the
2072reports and potential strategies to remedy any identified
2073deficiencies or duplications.
2074     7.  Each local government shall update its
2075intergovernmental coordination element based upon the findings
2076in the report submitted pursuant to subparagraph 5. The report
2077may be used as supporting data and analysis for the
2078intergovernmental coordination element.
2079     (i)  The optional elements of the comprehensive plan in
2080paragraphs (7)(a) and (b) are required elements for those
2081municipalities having populations greater than 50,000, and those
2082counties having populations greater than 75,000, as determined
2083under s. 186.901.
2084     (j)  For each unit of local government within an urbanized
2085area designated for purposes of s. 339.175, a transportation
2086element, which must be prepared and adopted in lieu of the
2087requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
2088and (d) and which shall address the following issues:
2089     1.  Traffic circulation, including major thoroughfares and
2090other routes, including bicycle and pedestrian ways.
2091     2.  All alternative modes of travel, such as public
2092transportation, pedestrian, and bicycle travel.
2093     3.  Parking facilities.
2094     4.  Aviation, rail, seaport facilities, access to those
2095facilities, and intermodal terminals.
2096     5.  The availability of facilities and services to serve
2097existing land uses and the compatibility between future land use
2098and transportation elements.
2099     6.  The capability to evacuate the coastal population prior
2100to an impending natural disaster.
2101     7.  Airports, projected airport and aviation development,
2102and land use compatibility around airports, which includes areas
2103defined in ss. 333.01 and 333.02.
2104     8.  An identification of land use densities, building
2105intensities, and transportation management programs to promote
2106public transportation systems in designated public
2107transportation corridors so as to encourage population densities
2108sufficient to support such systems.
2109     9.  May include transportation corridors, as defined in s.
2110334.03, intended for future transportation facilities designated
2111pursuant to s. 337.273. If transportation corridors are
2112designated, the local government may adopt a transportation
2113corridor management ordinance.
2114     10.  The incorporation of transportation strategies to
2115address reduction in greenhouse gas emissions from the
2116transportation sector.
2117     (k)  An airport master plan, and any subsequent amendments
2118to the airport master plan, prepared by a licensed publicly
2119owned and operated airport under s. 333.06 may be incorporated
2120into the local government comprehensive plan by the local
2121government having jurisdiction under this act for the area in
2122which the airport or projected airport development is located by
2123the adoption of a comprehensive plan amendment. In the amendment
2124to the local comprehensive plan that integrates the airport
2125master plan, the comprehensive plan amendment shall address land
2126use compatibility consistent with chapter 333 regarding airport
2127zoning; the provision of regional transportation facilities for
2128the efficient use and operation of the transportation system and
2129airport; consistency with the local government transportation
2130circulation element and applicable metropolitan planning
2131organization long-range transportation plans; and the execution
2132of any necessary interlocal agreements for the purposes of the
2133provision of public facilities and services to maintain the
2134adopted level-of-service standards for facilities subject to
2135concurrency; and may address airport-related or aviation-related
2136development. Development or expansion of an airport consistent
2137with the adopted airport master plan that has been incorporated
2138into the local comprehensive plan in compliance with this part,
2139and airport-related or aviation-related development that has
2140been addressed in the comprehensive plan amendment that
2141incorporates the airport master plan, shall not be a development
2142of regional impact. Notwithstanding any other general law, an
2143airport that has received a development-of-regional-impact
2144development order pursuant to s. 380.06, but which is no longer
2145required to undergo development-of-regional-impact review
2146pursuant to this subsection, may abandon its development-of-
2147regional-impact order upon written notification to the
2148applicable local government. Upon receipt by the local
2149government, the development-of-regional-impact development order
2150is void.
2151     (7)  The comprehensive plan may include the following
2152additional elements, or portions or phases thereof:
2153     (a)  As a part of the circulation element of paragraph
2154(6)(b) or as a separate element, a mass-transit element showing
2155proposed methods for the moving of people, rights-of-way,
2156terminals, related facilities, and fiscal considerations for the
2157accomplishment of the element.
2158     (b)  As a part of the circulation element of paragraph
2159(6)(b) or as a separate element, plans for port, aviation, and
2160related facilities coordinated with the general circulation and
2161transportation element.
2162     (c)  As a part of the circulation element of paragraph
2163(6)(b) and in coordination with paragraph (6)(e), where
2164applicable, a plan element for the circulation of recreational
2165traffic, including bicycle facilities, exercise trails, riding
2166facilities, and such other matters as may be related to the
2167improvement and safety of movement of all types of recreational
2168traffic.
2169     (d)  As a part of the circulation element of paragraph
2170(6)(b) or as a separate element, a plan element for the
2171development of offstreet parking facilities for motor vehicles
2172and the fiscal considerations for the accomplishment of the
2173element.
2174     (e)  A public buildings and related facilities element
2175showing locations and arrangements of civic and community
2176centers, public schools, hospitals, libraries, police and fire
2177stations, and other public buildings. This plan element should
2178show particularly how it is proposed to effect coordination with
2179governmental units, such as school boards or hospital
2180authorities, having public development and service
2181responsibilities, capabilities, and potential but not having
2182land development regulatory authority. This element may include
2183plans for architecture and landscape treatment of their grounds.
2184     (f)  A recommended community design element which may
2185consist of design recommendations for land subdivision,
2186neighborhood development and redevelopment, design of open space
2187locations, and similar matters to the end that such
2188recommendations may be available as aids and guides to
2189developers in the future planning and development of land in the
2190area.
2191     (g)  A general area redevelopment element consisting of
2192plans and programs for the redevelopment of slums and blighted
2193locations in the area and for community redevelopment, including
2194housing sites, business and industrial sites, public buildings
2195sites, recreational facilities, and other purposes authorized by
2196law.
2197     (h)  A safety element for the protection of residents and
2198property of the area from fire, hurricane, or manmade or natural
2199catastrophe, including such necessary features for protection as
2200evacuation routes and their control in an emergency, water
2201supply requirements, minimum road widths, clearances around and
2202elevations of structures, and similar matters.
2203     (i)  An historical and scenic preservation element setting
2204out plans and programs for those structures or lands in the area
2205having historical, archaeological, architectural, scenic, or
2206similar significance.
2207     (j)  An economic element setting forth principles and
2208guidelines for the commercial and industrial development, if
2209any, and the employment and personnel utilization within the
2210area. The element may detail the type of commercial and
2211industrial development sought, correlated to the present and
2212projected employment needs of the area and to other elements of
2213the plans, and may set forth methods by which a balanced and
2214stable economic base will be pursued.
2215     (k)  Such other elements as may be peculiar to, and
2216necessary for, the area concerned and as are added to the
2217comprehensive plan by the governing body upon the recommendation
2218of the local planning agency.
2219     (l)  Local governments that are not required to prepare
2220coastal management elements under s. 163.3178 are encouraged to
2221adopt hazard mitigation/postdisaster redevelopment plans. These
2222plans should, at a minimum, establish long-term policies
2223regarding redevelopment, infrastructure, densities,
2224nonconforming uses, and future land use patterns. Grants to
2225assist local governments in the preparation of these hazard
2226mitigation/postdisaster redevelopment plans shall be available
2227through the Emergency Management Preparedness and Assistance
2228Account in the Grants and Donations Trust Fund administered by
2229the department, if such account is created by law. The plans
2230must be in compliance with the requirements of this act and
2231chapter 252.
2232     (8)  All elements of the comprehensive plan, whether
2233mandatory or optional, shall be based upon data appropriate to
2234the element involved. Surveys and studies utilized in the
2235preparation of the comprehensive plan shall not be deemed a part
2236of the comprehensive plan unless adopted as a part of it. Copies
2237of such studies, surveys, and supporting documents shall be made
2238available to public inspection, and copies of such plans shall
2239be made available to the public upon payment of reasonable
2240charges for reproduction.
2241     (9)  The state land planning agency shall, by February 15,
22421986, adopt by rule minimum criteria for the review and
2243determination of compliance of the local government
2244comprehensive plan elements required by this act. Such rules
2245shall not be subject to rule challenges under s. 120.56(2) or to
2246drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2247become effective only after they have been submitted to the
2248President of the Senate and the Speaker of the House of
2249Representatives for review by the Legislature no later than 30
2250days prior to the next regular session of the Legislature. In
2251its review the Legislature may reject, modify, or take no action
2252relative to the rules. The agency shall conform the rules to the
2253changes made by the Legislature, or, if no action was taken, the
2254agency rules shall become effective. The rule shall include
2255criteria for determining whether:
2256     (a)  Proposed elements are in compliance with the
2257requirements of part II, as amended by this act.
2258     (b)  Other elements of the comprehensive plan are related
2259to and consistent with each other.
2260     (c)  The local government comprehensive plan elements are
2261consistent with the state comprehensive plan and the appropriate
2262regional policy plan pursuant to s. 186.508.
2263     (d)  Certain bays, estuaries, and harbors that fall under
2264the jurisdiction of more than one local government are managed
2265in a consistent and coordinated manner in the case of local
2266governments required to include a coastal management element in
2267their comprehensive plans pursuant to paragraph (6)(g).
2268     (e)  Proposed elements identify the mechanisms and
2269procedures for monitoring, evaluating, and appraising
2270implementation of the plan. Specific measurable objectives are
2271included to provide a basis for evaluating effectiveness as
2272required by s. 163.3191.
2273     (f)  Proposed elements contain policies to guide future
2274decisions in a consistent manner.
2275     (g)  Proposed elements contain programs and activities to
2276ensure that comprehensive plans are implemented.
2277     (h)  Proposed elements identify the need for and the
2278processes and procedures to ensure coordination of all
2279development activities and services with other units of local
2280government, regional planning agencies, water management
2281districts, and state and federal agencies as appropriate.
2282
2283The state land planning agency may adopt procedural rules that
2284are consistent with this section and chapter 120 for the review
2285of local government comprehensive plan elements required under
2286this section. The state land planning agency shall provide model
2287plans and ordinances and, upon request, other assistance to
2288local governments in the adoption and implementation of their
2289revised local government comprehensive plans. The review and
2290comment provisions applicable prior to October 1, 1985, shall
2291continue in effect until the criteria for review and
2292determination are adopted pursuant to this subsection and the
2293comprehensive plans required by s. 163.3167(2) are due.
2294     (10)  The Legislature recognizes the importance and
2295significance of chapter 9J-5, Florida Administrative Code, the
2296Minimum Criteria for Review of Local Government Comprehensive
2297Plans and Determination of Compliance of the Department of
2298Community Affairs that will be used to determine compliance of
2299local comprehensive plans. The Legislature reserved unto itself
2300the right to review chapter 9J-5, Florida Administrative Code,
2301and to reject, modify, or take no action relative to this rule.
2302Therefore, pursuant to subsection (9), the Legislature hereby
2303has reviewed chapter 9J-5, Florida Administrative Code, and
2304expresses the following legislative intent:
2305     (a)  The Legislature finds that in order for the department
2306to review local comprehensive plans, it is necessary to define
2307the term "consistency." Therefore, for the purpose of
2308determining whether local comprehensive plans are consistent
2309with the state comprehensive plan and the appropriate regional
2310policy plan, a local plan shall be consistent with such plans if
2311the local plan is "compatible with" and "furthers" such plans.
2312The term "compatible with" means that the local plan is not in
2313conflict with the state comprehensive plan or appropriate
2314regional policy plan. The term "furthers" means to take action
2315in the direction of realizing goals or policies of the state or
2316regional plan. For the purposes of determining consistency of
2317the local plan with the state comprehensive plan or the
2318appropriate regional policy plan, the state or regional plan
2319shall be construed as a whole and no specific goal and policy
2320shall be construed or applied in isolation from the other goals
2321and policies in the plans.
2322     (b)  Each local government shall review all the state
2323comprehensive plan goals and policies and shall address in its
2324comprehensive plan the goals and policies which are relevant to
2325the circumstances or conditions in its jurisdiction. The
2326decision regarding which particular state comprehensive plan
2327goals and policies will be furthered by the expenditure of a
2328local government's financial resources in any given year is a
2329decision which rests solely within the discretion of the local
2330government. Intergovernmental coordination, as set forth in
2331paragraph (6)(h), shall be utilized to the extent required to
2332carry out the provisions of chapter 9J-5, Florida Administrative
2333Code.
2334     (c)  The Legislature declares that if any portion of
2335chapter 9J-5, Florida Administrative Code, is found to be in
2336conflict with this part, the appropriate statutory provision
2337shall prevail.
2338     (d)  Chapter 9J-5, Florida Administrative Code, does not
2339mandate the creation, limitation, or elimination of regulatory
2340authority, nor does it authorize the adoption or require the
2341repeal of any rules, criteria, or standards of any local,
2342regional, or state agency.
2343     (e)  It is the Legislature's intent that support data or
2344summaries thereof shall not be subject to the compliance review
2345process, but the Legislature intends that goals and policies be
2346clearly based on appropriate data. The department may utilize
2347support data or summaries thereof to aid in its determination of
2348compliance and consistency. The Legislature intends that the
2349department may evaluate the application of a methodology
2350utilized in data collection or whether a particular methodology
2351is professionally accepted. However, the department shall not
2352evaluate whether one accepted methodology is better than
2353another. Chapter 9J-5, Florida Administrative Code, shall not be
2354construed to require original data collection by local
2355governments; however, Local governments are not to be
2356discouraged from utilizing original data so long as
2357methodologies are professionally accepted.
2358     (f)  The Legislature recognizes that under this section,
2359local governments are charged with setting levels of service for
2360public facilities in their comprehensive plans in accordance
2361with which development orders and permits will be issued
2362pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2363the authority of state, regional, or local agencies as otherwise
2364provided by law.
2365     (g)  Definitions contained in chapter 9J-5, Florida
2366Administrative Code, are not intended to modify or amend the
2367definitions utilized for purposes of other programs or rules or
2368to establish or limit regulatory authority. Local governments
2369may establish alternative definitions in local comprehensive
2370plans, as long as such definitions accomplish the intent of this
2371chapter, and chapter 9J-5, Florida Administrative Code.
2372     (h)  It is the intent of the Legislature that public
2373facilities and services needed to support development shall be
2374available concurrent with the impacts of such development in
2375accordance with s. 163.3180. In meeting this intent, public
2376facility and service availability shall be deemed sufficient if
2377the public facilities and services for a development are phased,
2378or the development is phased, so that the public facilities and
2379those related services which are deemed necessary by the local
2380government to operate the facilities necessitated by that
2381development are available concurrent with the impacts of the
2382development. The public facilities and services, unless already
2383available, are to be consistent with the capital improvements
2384element of the local comprehensive plan as required by paragraph
2385(3)(a) or guaranteed in an enforceable development agreement.
2386This shall include development agreements pursuant to this
2387chapter or in an agreement or a development order issued
2388pursuant to chapter 380. Nothing herein shall be construed to
2389require a local government to address services in its capital
2390improvements plan or to limit a local government's ability to
2391address any service in its capital improvements plan that it
2392deems necessary.
2393     (i)  The department shall take into account the factors
2394delineated in rule 9J-5.002(2), Florida Administrative Code, as
2395it provides assistance to local governments and applies the rule
2396in specific situations with regard to the detail of the data and
2397analysis required.
2398     (j)  Chapter 9J-5, Florida Administrative Code, has become
2399effective pursuant to subsection (9). The Legislature hereby
2400directs the department to adopt amendments as necessary which
2401conform chapter 9J-5, Florida Administrative Code, with the
2402requirements of this legislative intent by October 1, 1986.
2403     (k)  In order for local governments to prepare and adopt
2404comprehensive plans with knowledge of the rules that are applied
2405to determine consistency of the plans with this part, there
2406should be no doubt as to the legal standing of chapter 9J-5,
2407Florida Administrative Code, at the close of the 1986
2408legislative session. Therefore, the Legislature declares that
2409changes made to chapter 9J-5 before October 1, 1986, are not
2410subject to rule challenges under s. 120.56(2), or to drawout
2411proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2412Florida Administrative Code, as amended, is subject to rule
2413challenges under s. 120.56(3), as nothing herein indicates
2414approval or disapproval of any portion of chapter 9J-5 not
2415specifically addressed herein. Any amendments to chapter 9J-5,
2416Florida Administrative Code, exclusive of the amendments adopted
2417prior to October 1, 1986, pursuant to this act, shall be subject
2418to the full chapter 120 process. All amendments shall have
2419effective dates as provided in chapter 120 and submission to the
2420President of the Senate and Speaker of the House of
2421Representatives shall not be required.
2422     (l)  The state land planning agency shall consider land use
2423compatibility issues in the vicinity of all airports in
2424coordination with the Department of Transportation and adjacent
2425to or in close proximity to all military installations in
2426coordination with the Department of Defense.
2427     (11)(a)  The Legislature recognizes the need for innovative
2428planning and development strategies which will address the
2429anticipated demands of continued urbanization of Florida's
2430coastal and other environmentally sensitive areas, and which
2431will accommodate the development of less populated regions of
2432the state which seek economic development and which have
2433suitable land and water resources to accommodate growth in an
2434environmentally acceptable manner. The Legislature further
2435recognizes the substantial advantages of innovative approaches
2436to development which may better serve to protect environmentally
2437sensitive areas, maintain the economic viability of agricultural
2438and other predominantly rural land uses, and provide for the
2439cost-efficient delivery of public facilities and services.
2440     (b)  It is the intent of the Legislature that the local
2441government comprehensive plans and plan amendments adopted
2442pursuant to the provisions of this part provide for a planning
2443process which allows for land use efficiencies within existing
2444urban areas and which also allows for the conversion of rural
2445lands to other uses, where appropriate and consistent with the
2446other provisions of this part and the affected local
2447comprehensive plans, through the application of innovative and
2448flexible planning and development strategies and creative land
2449use planning techniques, which may include, but not be limited
2450to, urban villages, new towns, satellite communities, area-based
2451allocations, clustering and open space provisions, mixed-use
2452development, and sector planning.
2453     (c)  It is the further intent of the Legislature that local
2454government comprehensive plans and implementing land development
2455regulations shall provide strategies which maximize the use of
2456existing facilities and services through redevelopment, urban
2457infill development, and other strategies for urban
2458revitalization.
2459     (d)1.  The department, in cooperation with the Department
2460of Agriculture and Consumer Services, the Department of
2461Environmental Protection, water management districts, and
2462regional planning councils, shall provide assistance to local
2463governments in the implementation of this paragraph and rule 9J-
24645.006(5)(l), Florida Administrative Code. Implementation of
2465those provisions shall include a process by which the department
2466may authorize local governments to designate all or portions of
2467lands classified in the future land use element as predominantly
2468agricultural, rural, open, open-rural, or a substantively
2469equivalent land use, as a rural land stewardship area within
2470which planning and economic incentives are applied to encourage
2471the implementation of innovative and flexible planning and
2472development strategies and creative land use planning
2473techniques, including those contained herein and in rule 9J-
24745.006(5)(l), Florida Administrative Code. Assistance may
2475include, but is not limited to:
2476     a.  Assistance from the Department of Environmental
2477Protection and water management districts in creating the
2478geographic information systems land cover database and aerial
2479photogrammetry needed to prepare for a rural land stewardship
2480area;
2481     b.  Support for local government implementation of rural
2482land stewardship concepts by providing information and
2483assistance to local governments regarding land acquisition
2484programs that may be used by the local government or landowners
2485to leverage the protection of greater acreage and maximize the
2486effectiveness of rural land stewardship areas; and
2487     c.  Expansion of the role of the Department of Community
2488Affairs as a resource agency to facilitate establishment of
2489rural land stewardship areas in smaller rural counties that do
2490not have the staff or planning budgets to create a rural land
2491stewardship area.
2492     2.  The department shall encourage participation by local
2493governments of different sizes and rural characteristics in
2494establishing and implementing rural land stewardship areas. It
2495is the intent of the Legislature that rural land stewardship
2496areas be used to further the following broad principles of rural
2497sustainability: restoration and maintenance of the economic
2498value of rural land; control of urban sprawl; identification and
2499protection of ecosystems, habitats, and natural resources;
2500promotion of rural economic activity; maintenance of the
2501viability of Florida's agricultural economy; and protection of
2502the character of rural areas of Florida. Rural land stewardship
2503areas may be multicounty in order to encourage coordinated
2504regional stewardship planning.
2505     3.  A local government, in conjunction with a regional
2506planning council, a stakeholder organization of private land
2507owners, or another local government, shall notify the department
2508in writing of its intent to designate a rural land stewardship
2509area. The written notification shall describe the basis for the
2510designation, including the extent to which the rural land
2511stewardship area enhances rural land values, controls urban
2512sprawl, provides necessary open space for agriculture and
2513protection of the natural environment, promotes rural economic
2514activity, and maintains rural character and the economic
2515viability of agriculture.
2516     4.  A rural land stewardship area shall be not less than
251710,000 acres and shall be located outside of municipalities and
2518established urban growth boundaries, and shall be designated by
2519plan amendment. The plan amendment designating a rural land
2520stewardship area shall be subject to review by the Department of
2521Community Affairs pursuant to s. 163.3184 and shall provide for
2522the following:
2523     a.  Criteria for the designation of receiving areas within
2524rural land stewardship areas in which innovative planning and
2525development strategies may be applied. Criteria shall at a
2526minimum provide for the following: adequacy of suitable land to
2527accommodate development so as to avoid conflict with
2528environmentally sensitive areas, resources, and habitats;
2529compatibility between and transition from higher density uses to
2530lower intensity rural uses; the establishment of receiving area
2531service boundaries which provide for a separation between
2532receiving areas and other land uses within the rural land
2533stewardship area through limitations on the extension of
2534services; and connection of receiving areas with the rest of the
2535rural land stewardship area using rural design and rural road
2536corridors.
2537     b.  Goals, objectives, and policies setting forth the
2538innovative planning and development strategies to be applied
2539within rural land stewardship areas pursuant to the provisions
2540of this section.
2541     c.  A process for the implementation of innovative planning
2542and development strategies within the rural land stewardship
2543area, including those described in this subsection and rule 9J-
25445.006(5)(l), Florida Administrative Code, which provide for a
2545functional mix of land uses, including adequate available
2546workforce housing, including low, very-low and moderate income
2547housing for the development anticipated in the receiving area
2548and which are applied through the adoption by the local
2549government of zoning and land development regulations applicable
2550to the rural land stewardship area.
2551     d.  A process which encourages visioning pursuant to s.
2552163.3167(11) to ensure that innovative planning and development
2553strategies comply with the provisions of this section.
2554     e.  The control of sprawl through the use of innovative
2555strategies and creative land use techniques consistent with the
2556provisions of this subsection and rule 9J-5.006(5)(l), Florida
2557Administrative Code.
2558     5.  A receiving area shall be designated by the adoption of
2559a land development regulation. Prior to the designation of a
2560receiving area, the local government shall provide the
2561Department of Community Affairs a period of 30 days in which to
2562review a proposed receiving area for consistency with the rural
2563land stewardship area plan amendment and to provide comments to
2564the local government. At the time of designation of a
2565stewardship receiving area, a listed species survey will be
2566performed. If listed species occur on the receiving area site,
2567the developer shall coordinate with each appropriate local,
2568state, or federal agency to determine if adequate provisions
2569have been made to protect those species in accordance with
2570applicable regulations. In determining the adequacy of
2571provisions for the protection of listed species and their
2572habitats, the rural land stewardship area shall be considered as
2573a whole, and the impacts to areas to be developed as receiving
2574areas shall be considered together with the environmental
2575benefits of areas protected as sending areas in fulfilling this
2576criteria.
2577     6.  Upon the adoption of a plan amendment creating a rural
2578land stewardship area, the local government shall, by ordinance,
2579establish the methodology for the creation, conveyance, and use
2580of transferable rural land use credits, otherwise referred to as
2581stewardship credits, the application of which shall not
2582constitute a right to develop land, nor increase density of
2583land, except as provided by this section. The total amount of
2584transferable rural land use credits within the rural land
2585stewardship area must enable the realization of the long-term
2586vision and goals for the 25-year or greater projected population
2587of the rural land stewardship area, which may take into
2588consideration the anticipated effect of the proposed receiving
2589areas. Transferable rural land use credits are subject to the
2590following limitations:
2591     a.  Transferable rural land use credits may only exist
2592within a rural land stewardship area.
2593     b.  Transferable rural land use credits may only be used on
2594lands designated as receiving areas and then solely for the
2595purpose of implementing innovative planning and development
2596strategies and creative land use planning techniques adopted by
2597the local government pursuant to this section.
2598     c.  Transferable rural land use credits assigned to a
2599parcel of land within a rural land stewardship area shall cease
2600to exist if the parcel of land is removed from the rural land
2601stewardship area by plan amendment.
2602     d.  Neither the creation of the rural land stewardship area
2603by plan amendment nor the assignment of transferable rural land
2604use credits by the local government shall operate to displace
2605the underlying density of land uses assigned to a parcel of land
2606within the rural land stewardship area; however, if transferable
2607rural land use credits are transferred from a parcel for use
2608within a designated receiving area, the underlying density
2609assigned to the parcel of land shall cease to exist.
2610     e.  The underlying density on each parcel of land located
2611within a rural land stewardship area shall not be increased or
2612decreased by the local government, except as a result of the
2613conveyance or use of transferable rural land use credits, as
2614long as the parcel remains within the rural land stewardship
2615area.
2616     f.  Transferable rural land use credits shall cease to
2617exist on a parcel of land where the underlying density assigned
2618to the parcel of land is utilized.
2619     g.  An increase in the density of use on a parcel of land
2620located within a designated receiving area may occur only
2621through the assignment or use of transferable rural land use
2622credits and shall not require a plan amendment.
2623     h.  A change in the density of land use on parcels located
2624within receiving areas shall be specified in a development order
2625which reflects the total number of transferable rural land use
2626credits assigned to the parcel of land and the infrastructure
2627and support services necessary to provide for a functional mix
2628of land uses corresponding to the plan of development.
2629     i.  Land within a rural land stewardship area may be
2630removed from the rural land stewardship area through a plan
2631amendment.
2632     j.  Transferable rural land use credits may be assigned at
2633different ratios of credits per acre according to the natural
2634resource or other beneficial use characteristics of the land and
2635according to the land use remaining following the transfer of
2636credits, with the highest number of credits per acre assigned to
2637the most environmentally valuable land or, in locations where
2638the retention of open space and agricultural land is a priority,
2639to such lands.
2640     k.  The use or conveyance of transferable rural land use
2641credits must be recorded in the public records of the county in
2642which the property is located as a covenant or restrictive
2643easement running with the land in favor of the county and either
2644the Department of Environmental Protection, Department of
2645Agriculture and Consumer Services, a water management district,
2646or a recognized statewide land trust.
2647     7.  Owners of land within rural land stewardship areas
2648should be provided incentives to enter into rural land
2649stewardship agreements, pursuant to existing law and rules
2650adopted thereto, with state agencies, water management
2651districts, and local governments to achieve mutually agreed upon
2652conservation objectives. Such incentives may include, but not be
2653limited to, the following:
2654     a.  Opportunity to accumulate transferable mitigation
2655credits.
2656     b.  Extended permit agreements.
2657     c.  Opportunities for recreational leases and ecotourism.
2658     d.  Payment for specified land management services on
2659publicly owned land, or property under covenant or restricted
2660easement in favor of a public entity.
2661     e.  Option agreements for sale to public entities or
2662private land conservation entities, in either fee or easement,
2663upon achievement of conservation objectives.
2664     8.  The department shall report to the Legislature on an
2665annual basis on the results of implementation of rural land
2666stewardship areas authorized by the department, including
2667successes and failures in achieving the intent of the
2668Legislature as expressed in this paragraph.
2669     (e)  The Legislature finds that mixed-use, high-density
2670development is appropriate for urban infill and redevelopment
2671areas. Mixed-use projects accommodate a variety of uses,
2672including residential and commercial, and usually at higher
2673densities that promote pedestrian-friendly, sustainable
2674communities. The Legislature recognizes that mixed-use, high-
2675density development improves the quality of life for residents
2676and businesses in urban areas. The Legislature finds that mixed-
2677use, high-density redevelopment and infill benefits residents by
2678creating a livable community with alternative modes of
2679transportation. Furthermore, the Legislature finds that local
2680zoning ordinances often discourage mixed-use, high-density
2681development in areas that are appropriate for urban infill and
2682redevelopment. The Legislature intends to discourage single-use
2683zoning in urban areas which often leads to lower-density, land-
2684intensive development outside an urban service area. Therefore,
2685the Department of Community Affairs shall provide technical
2686assistance to local governments in order to encourage mixed-use,
2687high-density urban infill and redevelopment projects.
2688     (f)  The Legislature finds that a program for the transfer
2689of development rights is a useful tool to preserve historic
2690buildings and create public open spaces in urban areas. A
2691program for the transfer of development rights allows the
2692transfer of density credits from historic properties and public
2693open spaces to areas designated for high-density development.
2694The Legislature recognizes that high-density development is
2695integral to the success of many urban infill and redevelopment
2696projects. The Legislature intends to encourage high-density
2697urban infill and redevelopment while preserving historic
2698structures and open spaces. Therefore, the Department of
2699Community Affairs shall provide technical assistance to local
2700governments in order to promote the transfer of development
2701rights within urban areas for high-density infill and
2702redevelopment projects.
2703     (g)  The implementation of this subsection shall be subject
2704to the provisions of this chapter, chapters 186 and 187, and
2705applicable agency rules.
2706     (h)  The department may adopt rules necessary to implement
2707the provisions of this subsection.
2708     (12)  A public school facilities element adopted to
2709implement a school concurrency program shall meet the
2710requirements of this subsection. Each county and each
2711municipality within the county, unless exempt or subject to a
2712waiver, must adopt a public school facilities element that is
2713consistent with those adopted by the other local governments
2714within the county and enter the interlocal agreement pursuant to
2715s. 163.31777.
2716     (a)  The state land planning agency may provide a waiver to
2717a county and to the municipalities within the county if the
2718capacity rate for all schools within the school district is no
2719greater than 100 percent and the projected 5-year capital outlay
2720full-time equivalent student growth rate is less than 10
2721percent. The state land planning agency may allow for a
2722projected 5-year capital outlay full-time equivalent student
2723growth rate to exceed 10 percent when the projected 10-year
2724capital outlay full-time equivalent student enrollment is less
2725than 2,000 students and the capacity rate for all schools within
2726the school district in the tenth year will not exceed the 100-
2727percent limitation. The state land planning agency may allow for
2728a single school to exceed the 100-percent limitation if it can
2729be demonstrated that the capacity rate for that single school is
2730not greater than 105 percent. In making this determination, the
2731state land planning agency shall consider the following
2732criteria:
2733     1.  Whether the exceedance is due to temporary
2734circumstances;
2735     2.  Whether the projected 5-year capital outlay full time
2736equivalent student growth rate for the school district is
2737approaching the 10-percent threshold;
2738     3.  Whether one or more additional schools within the
2739school district are at or approaching the 100-percent threshold;
2740and
2741     4.  The adequacy of the data and analysis submitted to
2742support the waiver request.
2743     (b)  A municipality in a nonexempt county is exempt if the
2744municipality meets all of the following criteria for having no
2745significant impact on school attendance:
2746     1.  The municipality has issued development orders for
2747fewer than 50 residential dwelling units during the preceding 5
2748years, or the municipality has generated fewer than 25
2749additional public school students during the preceding 5 years.
2750     2.  The municipality has not annexed new land during the
2751preceding 5 years in land use categories that permit residential
2752uses that will affect school attendance rates.
2753     3.  The municipality has no public schools located within
2754its boundaries.
2755     (c)  A public school facilities element shall be based upon
2756data and analyses that address, among other items, how level-of-
2757service standards will be achieved and maintained. Such data and
2758analyses must include, at a minimum, such items as: the
2759interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2760year school district facilities work program adopted pursuant to
2761s. 1013.35; the educational plant survey prepared pursuant to s.
27621013.31 and an existing educational and ancillary plant map or
2763map series; information on existing development and development
2764anticipated for the next 5 years and the long-term planning
2765period; an analysis of problems and opportunities for existing
2766schools and schools anticipated in the future; an analysis of
2767opportunities to collocate future schools with other public
2768facilities such as parks, libraries, and community centers; an
2769analysis of the need for supporting public facilities for
2770existing and future schools; an analysis of opportunities to
2771locate schools to serve as community focal points; projected
2772future population and associated demographics, including
2773development patterns year by year for the upcoming 5-year and
2774long-term planning periods; and anticipated educational and
2775ancillary plants with land area requirements.
2776     (d)  The element shall contain one or more goals which
2777establish the long-term end toward which public school programs
2778and activities are ultimately directed.
2779     (e)  The element shall contain one or more objectives for
2780each goal, setting specific, measurable, intermediate ends that
2781are achievable and mark progress toward the goal.
2782     (f)  The element shall contain one or more policies for
2783each objective which establish the way in which programs and
2784activities will be conducted to achieve an identified goal.
2785     (g)  The objectives and policies shall address items such
2786as:
2787     1.  The procedure for an annual update process;
2788     2.  The procedure for school site selection;
2789     3.  The procedure for school permitting;
2790     4.  Provision for infrastructure necessary to support
2791proposed schools, including potable water, wastewater, drainage,
2792solid waste, transportation, and means by which to assure safe
2793access to schools, including sidewalks, bicycle paths, turn
2794lanes, and signalization;
2795     5.  Provision for colocation of other public facilities,
2796such as parks, libraries, and community centers, in proximity to
2797public schools;
2798     6.  Provision for location of schools proximate to
2799residential areas and to complement patterns of development,
2800including the location of future school sites so they serve as
2801community focal points;
2802     7.  Measures to ensure compatibility of school sites and
2803surrounding land uses;
2804     8.  Coordination with adjacent local governments and the
2805school district on emergency preparedness issues, including the
2806use of public schools to serve as emergency shelters; and
2807     9.  Coordination with the future land use element.
2808     (h)  The element shall include one or more future
2809conditions maps which depict the anticipated location of
2810educational and ancillary plants, including the general location
2811of improvements to existing schools or new schools anticipated
2812over the 5-year or long-term planning period. The maps will of
2813necessity be general for the long-term planning period and more
2814specific for the 5-year period. Maps indicating general
2815locations of future schools or school improvements may not
2816prescribe a land use on a particular parcel of land.
2817     (i)  The state land planning agency shall establish a
2818phased schedule for adoption of the public school facilities
2819element and the required updates to the public schools
2820interlocal agreement pursuant to s. 163.31777. The schedule
2821shall provide for each county and local government within the
2822county to adopt the element and update to the agreement no later
2823than December 1, 2008. Plan amendments to adopt a public school
2824facilities element are exempt from the provisions of s.
2825163.3187(1).
2826     (j)  The state land planning agency may issue a notice to
2827the school board and the local government to show cause why
2828sanctions should not be enforced for failure to enter into an
2829approved interlocal agreement as required by s. 163.31777 or for
2830failure to implement provisions relating to public school
2831concurrency. If the state land planning agency finds that
2832insufficient cause exists for the school board's or local
2833government's failure to enter into an approved interlocal
2834agreement as required by s. 163.31777 or for the school board's
2835or local government's failure to implement the provisions
2836relating to public school concurrency, the state land planning
2837agency shall submit its finding to the Administration Commission
2838which may impose on the local government any of the sanctions
2839set forth in s. 163.3184(11)(a) and (b) and may impose on the
2840district school board any of the sanctions set forth in s.
28411008.32(4).
2842     (13)  Local governments are encouraged to develop a
2843community vision that provides for sustainable growth,
2844recognizes its fiscal constraints, and protects its natural
2845resources. At the request of a local government, the applicable
2846regional planning council shall provide assistance in the
2847development of a community vision.
2848     (a)  As part of the process of developing a community
2849vision under this section, the local government must hold two
2850public meetings with at least one of those meetings before the
2851local planning agency. Before those public meetings, the local
2852government must hold at least one public workshop with
2853stakeholder groups such as neighborhood associations, community
2854organizations, businesses, private property owners, housing and
2855development interests, and environmental organizations.
2856     (b)  The local government must, at a minimum, discuss five
2857of the following topics as part of the workshops and public
2858meetings required under paragraph (a):
2859     1.  Future growth in the area using population forecasts
2860from the Bureau of Economic and Business Research;
2861     2.  Priorities for economic development;
2862     3.  Preservation of open space, environmentally sensitive
2863lands, and agricultural lands;
2864     4.  Appropriate areas and standards for mixed-use
2865development;
2866     5.  Appropriate areas and standards for high-density
2867commercial and residential development;
2868     6.  Appropriate areas and standards for economic
2869development opportunities and employment centers;
2870     7.  Provisions for adequate workforce housing;
2871     8.  An efficient, interconnected multimodal transportation
2872system; and
2873     9.  Opportunities to create land use patterns that
2874accommodate the issues listed in subparagraphs 1.-8.
2875     (c)  As part of the workshops and public meetings, the
2876local government must discuss strategies for addressing the
2877topics discussed under paragraph (b), including:
2878     1.  Strategies to preserve open space and environmentally
2879sensitive lands, and to encourage a healthy agricultural
2880economy, including innovative planning and development
2881strategies, such as the transfer of development rights;
2882     2.  Incentives for mixed-use development, including
2883increased height and intensity standards for buildings that
2884provide residential use in combination with office or commercial
2885space;
2886     3.  Incentives for workforce housing;
2887     4.  Designation of an urban service boundary pursuant to
2888subsection (2); and
2889     5.  Strategies to provide mobility within the community and
2890to protect the Strategic Intermodal System, including the
2891development of a transportation corridor management plan under
2892s. 337.273.
2893     (d)  The community vision must reflect the community's
2894shared concept for growth and development of the community,
2895including visual representations depicting the desired land use
2896patterns and character of the community during a 10-year
2897planning timeframe. The community vision must also take into
2898consideration economic viability of the vision and private
2899property interests.
2900     (e)  After the workshops and public meetings required under
2901paragraph (a) are held, the local government may amend its
2902comprehensive plan to include the community vision as a
2903component in the plan. This plan amendment must be transmitted
2904and adopted pursuant to the procedures in ss. 163.3184 and
2905163.3189 at public hearings of the governing body other than
2906those identified in paragraph (a).
2907     (f)  Amendments submitted under this subsection are exempt
2908from the limitation on the frequency of plan amendments in s.
2909163.3187.
2910     (g)  A local government that has developed a community
2911vision or completed a visioning process after July 1, 2000, and
2912before July 1, 2005, which substantially accomplishes the goals
2913set forth in this subsection and the appropriate goals,
2914policies, or objectives have been adopted as part of the
2915comprehensive plan or reflected in subsequently adopted land
2916development regulations and the plan amendment incorporating the
2917community vision as a component has been found in compliance is
2918eligible for the incentives in s. 163.3184(17).
2919     (14)  Local governments are also encouraged to designate an
2920urban service boundary. This area must be appropriate for
2921compact, contiguous urban development within a 10-year planning
2922timeframe. The urban service area boundary must be identified on
2923the future land use map or map series. The local government
2924shall demonstrate that the land included within the urban
2925service boundary is served or is planned to be served with
2926adequate public facilities and services based on the local
2927government's adopted level-of-service standards by adopting a
292810-year facilities plan in the capital improvements element
2929which is financially feasible. The local government shall
2930demonstrate that the amount of land within the urban service
2931boundary does not exceed the amount of land needed to
2932accommodate the projected population growth at densities
2933consistent with the adopted comprehensive plan within the 10-
2934year planning timeframe.
2935     (a)  As part of the process of establishing an urban
2936service boundary, the local government must hold two public
2937meetings with at least one of those meetings before the local
2938planning agency. Before those public meetings, the local
2939government must hold at least one public workshop with
2940stakeholder groups such as neighborhood associations, community
2941organizations, businesses, private property owners, housing and
2942development interests, and environmental organizations.
2943     (b)1.  After the workshops and public meetings required
2944under paragraph (a) are held, the local government may amend its
2945comprehensive plan to include the urban service boundary. This
2946plan amendment must be transmitted and adopted pursuant to the
2947procedures in ss. 163.3184 and 163.3189 at meetings of the
2948governing body other than those required under paragraph (a).
2949     2.  This subsection does not prohibit new development
2950outside an urban service boundary. However, a local government
2951that establishes an urban service boundary under this subsection
2952is encouraged to require a full-cost-accounting analysis for any
2953new development outside the boundary and to consider the results
2954of that analysis when adopting a plan amendment for property
2955outside the established urban service boundary.
2956     (c)  Amendments submitted under this subsection are exempt
2957from the limitation on the frequency of plan amendments in s.
2958163.3187.
2959     (d)  A local government that has adopted an urban service
2960boundary before July 1, 2005, which substantially accomplishes
2961the goals set forth in this subsection is not required to comply
2962with paragraph (a) or subparagraph 1. of paragraph (b) in order
2963to be eligible for the incentives under s. 163.3184(17). In
2964order to satisfy the provisions of this paragraph, the local
2965government must secure a determination from the state land
2966planning agency that the urban service boundary adopted before
2967July 1, 2005, substantially complies with the criteria of this
2968subsection, based on data and analysis submitted by the local
2969government to support this determination. The determination by
2970the state land planning agency is not subject to administrative
2971challenge.
2972     (7)(15)(a)  The Legislature finds that:
2973     1.  There are a number of rural agricultural industrial
2974centers in the state that process, produce, or aid in the
2975production or distribution of a variety of agriculturally based
2976products, including, but not limited to, fruits, vegetables,
2977timber, and other crops, and juices, paper, and building
2978materials. Rural agricultural industrial centers have a
2979significant amount of existing associated infrastructure that is
2980used for processing, producing, or distributing agricultural
2981products.
2982     2.  Such rural agricultural industrial centers are often
2983located within or near communities in which the economy is
2984largely dependent upon agriculture and agriculturally based
2985products. The centers significantly enhance the economy of such
2986communities. However, these agriculturally based communities are
2987often socioeconomically challenged and designated as rural areas
2988of critical economic concern. If such rural agricultural
2989industrial centers are lost and not replaced with other job-
2990creating enterprises, the agriculturally based communities will
2991lose a substantial amount of their economies.
2992     3.  The state has a compelling interest in preserving the
2993viability of agriculture and protecting rural agricultural
2994communities and the state from the economic upheaval that would
2995result from short-term or long-term adverse changes in the
2996agricultural economy. To protect these communities and promote
2997viable agriculture for the long term, it is essential to
2998encourage and permit diversification of existing rural
2999agricultural industrial centers by providing for jobs that are
3000not solely dependent upon, but are compatible with and
3001complement, existing agricultural industrial operations and to
3002encourage the creation and expansion of industries that use
3003agricultural products in innovative ways. However, the expansion
3004and diversification of these existing centers must be
3005accomplished in a manner that does not promote urban sprawl into
3006surrounding agricultural and rural areas.
3007     (b)  As used in this subsection, the term "rural
3008agricultural industrial center" means a developed parcel of land
3009in an unincorporated area on which there exists an operating
3010agricultural industrial facility or facilities that employ at
3011least 200 full-time employees in the aggregate and process and
3012prepare for transport a farm product, as defined in s. 163.3162,
3013or any biomass material that could be used, directly or
3014indirectly, for the production of fuel, renewable energy,
3015bioenergy, or alternative fuel as defined by law. The center may
3016also include land contiguous to the facility site which is not
3017used for the cultivation of crops, but on which other existing
3018activities essential to the operation of such facility or
3019facilities are located or conducted. The parcel of land must be
3020located within, or within 10 miles of, a rural area of critical
3021economic concern.
3022     (c)1.  A landowner whose land is located within a rural
3023agricultural industrial center may apply for an amendment to the
3024local government comprehensive plan for the purpose of
3025designating and expanding the existing agricultural industrial
3026uses of facilities located within the center or expanding the
3027existing center to include industrial uses or facilities that
3028are not dependent upon but are compatible with agriculture and
3029the existing uses and facilities. A local government
3030comprehensive plan amendment under this paragraph must:
3031     a.  Not increase the physical area of the existing rural
3032agricultural industrial center by more than 50 percent or 320
3033acres, whichever is greater.
3034     b.  Propose a project that would, upon completion, create
3035at least 50 new full-time jobs.
3036     c.  Demonstrate that sufficient infrastructure capacity
3037exists or will be provided to support the expanded center at the
3038level-of-service standards adopted in the local government
3039comprehensive plan.
3040     d.  Contain goals, objectives, and policies that will
3041ensure that any adverse environmental impacts of the expanded
3042center will be adequately addressed and mitigation implemented
3043or demonstrate that the local government comprehensive plan
3044contains such provisions.
3045     2.  Within 6 months after receiving an application as
3046provided in this paragraph, the local government shall transmit
3047the application to the state land planning agency for review
3048pursuant to this chapter together with any needed amendments to
3049the applicable sections of its comprehensive plan to include
3050goals, objectives, and policies that provide for the expansion
3051of rural agricultural industrial centers and discourage urban
3052sprawl in the surrounding areas. Such goals, objectives, and
3053policies must promote and be consistent with the findings in
3054this subsection. An amendment that meets the requirements of
3055this subsection is presumed not to be urban sprawl as defined in
3056s. 163.3164 consistent with rule 9J-5.006(5), Florida
3057Administrative Code. This presumption may be rebutted by a
3058preponderance of the evidence.
3059     (d)  This subsection does not apply to an optional sector
3060plan adopted pursuant to s. 163.3245, a rural land stewardship
3061area designated pursuant to s. 163.3248 subsection (11), or any
3062comprehensive plan amendment that includes an inland port
3063terminal or affiliated port development.
3064     (e)  Nothing in this subsection shall be construed to
3065confer the status of rural area of critical economic concern, or
3066any of the rights or benefits derived from such status, on any
3067land area not otherwise designated as such pursuant to s.
3068288.0656(7).
3069     Section 13.  Section 163.31777, Florida Statutes, is
3070amended to read:
3071     163.31777  Public schools interlocal agreement.-
3072     (1)(a)  The county and municipalities located within the
3073geographic area of a school district shall enter into an
3074interlocal agreement with the district school board which
3075jointly establishes the specific ways in which the plans and
3076processes of the district school board and the local governments
3077are to be coordinated. The interlocal agreements shall be
3078submitted to the state land planning agency and the Office of
3079Educational Facilities in accordance with a schedule published
3080by the state land planning agency.
3081     (b)  The schedule must establish staggered due dates for
3082submission of interlocal agreements that are executed by both
3083the local government and the district school board, commencing
3084on March 1, 2003, and concluding by December 1, 2004, and must
3085set the same date for all governmental entities within a school
3086district. However, if the county where the school district is
3087located contains more than 20 municipalities, the state land
3088planning agency may establish staggered due dates for the
3089submission of interlocal agreements by these municipalities. The
3090schedule must begin with those areas where both the number of
3091districtwide capital-outlay full-time-equivalent students equals
309280 percent or more of the current year's school capacity and the
3093projected 5-year student growth is 1,000 or greater, or where
3094the projected 5-year student growth rate is 10 percent or
3095greater.
3096     (c)  If the student population has declined over the 5-year
3097period preceding the due date for submittal of an interlocal
3098agreement by the local government and the district school board,
3099the local government and the district school board may petition
3100the state land planning agency for a waiver of one or more
3101requirements of subsection (2). The waiver must be granted if
3102the procedures called for in subsection (2) are unnecessary
3103because of the school district's declining school age
3104population, considering the district's 5-year facilities work
3105program prepared pursuant to s. 1013.35. The state land planning
3106agency may modify or revoke the waiver upon a finding that the
3107conditions upon which the waiver was granted no longer exist.
3108The district school board and local governments must submit an
3109interlocal agreement within 1 year after notification by the
3110state land planning agency that the conditions for a waiver no
3111longer exist.
3112     (d)  Interlocal agreements between local governments and
3113district school boards adopted pursuant to s. 163.3177 before
3114the effective date of this section must be updated and executed
3115pursuant to the requirements of this section, if necessary.
3116Amendments to interlocal agreements adopted pursuant to this
3117section must be submitted to the state land planning agency
3118within 30 days after execution by the parties for review
3119consistent with this section. Local governments and the district
3120school board in each school district are encouraged to adopt a
3121single interlocal agreement to which all join as parties. The
3122state land planning agency shall assemble and make available
3123model interlocal agreements meeting the requirements of this
3124section and notify local governments and, jointly with the
3125Department of Education, the district school boards of the
3126requirements of this section, the dates for compliance, and the
3127sanctions for noncompliance. The state land planning agency
3128shall be available to informally review proposed interlocal
3129agreements. If the state land planning agency has not received a
3130proposed interlocal agreement for informal review, the state
3131land planning agency shall, at least 60 days before the deadline
3132for submission of the executed agreement, renotify the local
3133government and the district school board of the upcoming
3134deadline and the potential for sanctions.
3135     (2)  At a minimum, the interlocal agreement must address
3136interlocal-agreement requirements in s. 163.3180(13)(g), except
3137for exempt local governments as provided in s. 163.3177(12), and
3138must address the following issues:
3139     (a)  A process by which each local government and the
3140district school board agree and base their plans on consistent
3141projections of the amount, type, and distribution of population
3142growth and student enrollment. The geographic distribution of
3143jurisdiction-wide growth forecasts is a major objective of the
3144process.
3145     (b)  A process to coordinate and share information relating
3146to existing and planned public school facilities, including
3147school renovations and closures, and local government plans for
3148development and redevelopment.
3149     (c)  Participation by affected local governments with the
3150district school board in the process of evaluating potential
3151school closures, significant renovations to existing schools,
3152and new school site selection before land acquisition. Local
3153governments shall advise the district school board as to the
3154consistency of the proposed closure, renovation, or new site
3155with the local comprehensive plan, including appropriate
3156circumstances and criteria under which a district school board
3157may request an amendment to the comprehensive plan for school
3158siting.
3159     (d)  A process for determining the need for and timing of
3160onsite and offsite improvements to support new, proposed
3161expansion, or redevelopment of existing schools. The process
3162must address identification of the party or parties responsible
3163for the improvements.
3164     (e)  A process for the school board to inform the local
3165government regarding the effect of comprehensive plan amendments
3166on school capacity. The capacity reporting must be consistent
3167with laws and rules relating to measurement of school facility
3168capacity and must also identify how the district school board
3169will meet the public school demand based on the facilities work
3170program adopted pursuant to s. 1013.35.
3171     (f)  Participation of the local governments in the
3172preparation of the annual update to the district school board's
31735-year district facilities work program and educational plant
3174survey prepared pursuant to s. 1013.35.
3175     (g)  A process for determining where and how joint use of
3176either school board or local government facilities can be shared
3177for mutual benefit and efficiency.
3178     (h)  A procedure for the resolution of disputes between the
3179district school board and local governments, which may include
3180the dispute resolution processes contained in chapters 164 and
3181186.
3182     (i)  An oversight process, including an opportunity for
3183public participation, for the implementation of the interlocal
3184agreement.
3185     (3)(a)  The Office of Educational Facilities shall submit
3186any comments or concerns regarding the executed interlocal
3187agreement to the state land planning agency within 30 days after
3188receipt of the executed interlocal agreement. The state land
3189planning agency shall review the executed interlocal agreement
3190to determine whether it is consistent with the requirements of
3191subsection (2), the adopted local government comprehensive plan,
3192and other requirements of law. Within 60 days after receipt of
3193an executed interlocal agreement, the state land planning agency
3194shall publish a notice of intent in the Florida Administrative
3195Weekly and shall post a copy of the notice on the agency's
3196Internet site. The notice of intent must state whether the
3197interlocal agreement is consistent or inconsistent with the
3198requirements of subsection (2) and this subsection, as
3199appropriate.
3200     (b)  The state land planning agency's notice is subject to
3201challenge under chapter 120; however, an affected person, as
3202defined in s. 163.3184(1)(a), has standing to initiate the
3203administrative proceeding, and this proceeding is the sole means
3204available to challenge the consistency of an interlocal
3205agreement required by this section with the criteria contained
3206in subsection (2) and this subsection. In order to have
3207standing, each person must have submitted oral or written
3208comments, recommendations, or objections to the local government
3209or the school board before the adoption of the interlocal
3210agreement by the school board and local government. The district
3211school board and local governments are parties to any such
3212proceeding. In this proceeding, when the state land planning
3213agency finds the interlocal agreement to be consistent with the
3214criteria in subsection (2) and this subsection, the interlocal
3215agreement shall be determined to be consistent with subsection
3216(2) and this subsection if the local government's and school
3217board's determination of consistency is fairly debatable. When
3218the state planning agency finds the interlocal agreement to be
3219inconsistent with the requirements of subsection (2) and this
3220subsection, the local government's and school board's
3221determination of consistency shall be sustained unless it is
3222shown by a preponderance of the evidence that the interlocal
3223agreement is inconsistent.
3224     (c)  If the state land planning agency enters a final order
3225that finds that the interlocal agreement is inconsistent with
3226the requirements of subsection (2) or this subsection, it shall
3227forward it to the Administration Commission, which may impose
3228sanctions against the local government pursuant to s.
3229163.3184(11) and may impose sanctions against the district
3230school board by directing the Department of Education to
3231withhold from the district school board an equivalent amount of
3232funds for school construction available pursuant to ss. 1013.65,
32331013.68, 1013.70, and 1013.72.
3234     (4)  If an executed interlocal agreement is not timely
3235submitted to the state land planning agency for review, the
3236state land planning agency shall, within 15 working days after
3237the deadline for submittal, issue to the local government and
3238the district school board a Notice to Show Cause why sanctions
3239should not be imposed for failure to submit an executed
3240interlocal agreement by the deadline established by the agency.
3241The agency shall forward the notice and the responses to the
3242Administration Commission, which may enter a final order citing
3243the failure to comply and imposing sanctions against the local
3244government and district school board by directing the
3245appropriate agencies to withhold at least 5 percent of state
3246funds pursuant to s. 163.3184(11) and by directing the
3247Department of Education to withhold from the district school
3248board at least 5 percent of funds for school construction
3249available pursuant to ss. 1013.65, 1013.68, 1013.70, and
32501013.72.
3251     (5)  Any local government transmitting a public school
3252element to implement school concurrency pursuant to the
3253requirements of s. 163.3180 before the effective date of this
3254section is not required to amend the element or any interlocal
3255agreement to conform with the provisions of this section if the
3256element is adopted prior to or within 1 year after the effective
3257date of this section and remains in effect until the county
3258conducts its evaluation and appraisal report and identifies
3259changes necessary to more fully conform to the provisions of
3260this section.
3261     (6)  Except as provided in subsection (7), municipalities
3262meeting the exemption criteria in s. 163.3177(12) are exempt
3263from the requirements of subsections (1), (2), and (3).
3264     (7)  At the time of the evaluation and appraisal report,
3265each exempt municipality shall assess the extent to which it
3266continues to meet the criteria for exemption under s.
3267163.3177(12). If the municipality continues to meet these
3268criteria, the municipality shall continue to be exempt from the
3269interlocal-agreement requirement. Each municipality exempt under
3270s. 163.3177(12) must comply with the provisions of this section
3271within 1 year after the district school board proposes, in its
32725-year district facilities work program, a new school within the
3273municipality's jurisdiction.
3274     Section 14.  Subsection (9) of section 163.3178, Florida
3275Statutes, is amended to read:
3276     163.3178  Coastal management.-
3277     (9)(a)  Local governments may elect to comply with rule 9J-
32785.012(3)(b)6. and 7., Florida Administrative Code, through the
3279process provided in this section. A proposed comprehensive plan
3280amendment shall be found in compliance with state coastal high-
3281hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3282Florida Administrative Code, if:
3283     1.  The adopted level of service for out-of-county
3284hurricane evacuation is maintained for a category 5 storm event
3285as measured on the Saffir-Simpson scale; or
3286     2.  A 12-hour evacuation time to shelter is maintained for
3287a category 5 storm event as measured on the Saffir-Simpson scale
3288and shelter space reasonably expected to accommodate the
3289residents of the development contemplated by a proposed
3290comprehensive plan amendment is available; or
3291     3.  Appropriate mitigation is provided that will satisfy
3292the provisions of subparagraph 1. or subparagraph 2. Appropriate
3293mitigation shall include, without limitation, payment of money,
3294contribution of land, and construction of hurricane shelters and
3295transportation facilities. Required mitigation may shall not
3296exceed the amount required for a developer to accommodate
3297impacts reasonably attributable to development. A local
3298government and a developer shall enter into a binding agreement
3299to memorialize the mitigation plan.
3300     (b)  For those local governments that have not established
3301a level of service for out-of-county hurricane evacuation by
3302July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
33037., Florida Administrative Code, by following the process in
3304paragraph (a), the level of service shall be no greater than 16
3305hours for a category 5 storm event as measured on the Saffir-
3306Simpson scale.
3307     (c)  This subsection shall become effective immediately and
3308shall apply to all local governments. No later than July 1,
33092008, local governments shall amend their future land use map
3310and coastal management element to include the new definition of
3311coastal high-hazard area and to depict the coastal high-hazard
3312area on the future land use map.
3313     Section 15.  Section 163.3180, Florida Statutes, is amended
3314to read:
3315     163.3180  Concurrency.-
3316     (1)(a)  Sanitary sewer, solid waste, drainage, and potable
3317water, parks and recreation, schools, and transportation
3318facilities, including mass transit, where applicable, are the
3319only public facilities and services subject to the concurrency
3320requirement on a statewide basis. Additional public facilities
3321and services may not be made subject to concurrency on a
3322statewide basis without appropriate study and approval by the
3323Legislature; however, any local government may extend the
3324concurrency requirement so that it applies to additional public
3325facilities within its jurisdiction.
3326     (a)  If concurrency is applied to other public facilities,
3327the local government comprehensive plan must provide the
3328principles, guidelines, standards, and strategies, including
3329adopted levels of service, to guide its application. In order
3330for a local government to rescind any optional concurrency
3331provisions, a comprehensive plan amendment is required. An
3332amendment rescinding optional concurrency issues is not subject
3333to state review.
3334     (b)  The local government comprehensive plan must
3335demonstrate, for required or optional concurrency requirements,
3336that the levels of service adopted can be reasonably met.
3337Infrastructure needed to ensure that adopted level-of-service
3338standards are achieved and maintained for the 5-year period of
3339the capital improvement schedule must be identified pursuant to
3340the requirements of s. 163.3177(3). The comprehensive plan must
3341include principles, guidelines, standards, and strategies for
3342the establishment of a concurrency management system.
3343     (b)  Local governments shall use professionally accepted
3344techniques for measuring level of service for automobiles,
3345bicycles, pedestrians, transit, and trucks. These techniques may
3346be used to evaluate increased accessibility by multiple modes
3347and reductions in vehicle miles of travel in an area or zone.
3348The Department of Transportation shall develop methodologies to
3349assist local governments in implementing this multimodal level-
3350of-service analysis. The Department of Community Affairs and the
3351Department of Transportation shall provide technical assistance
3352to local governments in applying these methodologies.
3353     (2)(a)  Consistent with public health and safety, sanitary
3354sewer, solid waste, drainage, adequate water supplies, and
3355potable water facilities shall be in place and available to
3356serve new development no later than the issuance by the local
3357government of a certificate of occupancy or its functional
3358equivalent. Prior to approval of a building permit or its
3359functional equivalent, the local government shall consult with
3360the applicable water supplier to determine whether adequate
3361water supplies to serve the new development will be available no
3362later than the anticipated date of issuance by the local
3363government of a certificate of occupancy or its functional
3364equivalent. A local government may meet the concurrency
3365requirement for sanitary sewer through the use of onsite sewage
3366treatment and disposal systems approved by the Department of
3367Health to serve new development.
3368     (b)  Consistent with the public welfare, and except as
3369otherwise provided in this section, parks and recreation
3370facilities to serve new development shall be in place or under
3371actual construction no later than 1 year after issuance by the
3372local government of a certificate of occupancy or its functional
3373equivalent. However, the acreage for such facilities shall be
3374dedicated or be acquired by the local government prior to
3375issuance by the local government of a certificate of occupancy
3376or its functional equivalent, or funds in the amount of the
3377developer's fair share shall be committed no later than the
3378local government's approval to commence construction.
3379     (c)  Consistent with the public welfare, and except as
3380otherwise provided in this section, transportation facilities
3381needed to serve new development shall be in place or under
3382actual construction within 3 years after the local government
3383approves a building permit or its functional equivalent that
3384results in traffic generation.
3385     (3)  Governmental entities that are not responsible for
3386providing, financing, operating, or regulating public facilities
3387needed to serve development may not establish binding level-of-
3388service standards on governmental entities that do bear those
3389responsibilities. This subsection does not limit the authority
3390of any agency to recommend or make objections, recommendations,
3391comments, or determinations during reviews conducted under s.
3392163.3184.
3393     (4)(a)  The concurrency requirement as implemented in local
3394comprehensive plans applies to state and other public facilities
3395and development to the same extent that it applies to all other
3396facilities and development, as provided by law.
3397     (b)  The concurrency requirement as implemented in local
3398comprehensive plans does not apply to public transit facilities.
3399For the purposes of this paragraph, public transit facilities
3400include transit stations and terminals; transit station parking;
3401park-and-ride lots; intermodal public transit connection or
3402transfer facilities; fixed bus, guideway, and rail stations; and
3403airport passenger terminals and concourses, air cargo
3404facilities, and hangars for the assembly, manufacture,
3405maintenance, or storage of aircraft. As used in this paragraph,
3406the terms "terminals" and "transit facilities" do not include
3407seaports or commercial or residential development constructed in
3408conjunction with a public transit facility.
3409     (c)  The concurrency requirement, except as it relates to
3410transportation facilities and public schools, as implemented in
3411local government comprehensive plans, may be waived by a local
3412government for urban infill and redevelopment areas designated
3413pursuant to s. 163.2517 if such a waiver does not endanger
3414public health or safety as defined by the local government in
3415its local government comprehensive plan. The waiver shall be
3416adopted as a plan amendment pursuant to the process set forth in
3417s. 163.3187(3)(a). A local government may grant a concurrency
3418exception pursuant to subsection (5) for transportation
3419facilities located within these urban infill and redevelopment
3420areas.
3421     (5)(a)  If concurrency is applied to transportation
3422facilities, the local government comprehensive plan must provide
3423the principles, guidelines, standards, and strategies, including
3424adopted levels of service to guide its application.
3425     (b)  Local governments shall use professionally accepted
3426studies to evaluate the appropriate levels of service. Local
3427governments should consider the number of facilities that will
3428be necessary to meet level-of-service demands when determining
3429the appropriate levels of service. The schedule of facilities
3430that are necessary to meet the adopted level of service shall be
3431reflected in the capital improvement element.
3432     (c)  Local governments shall use professionally accepted
3433techniques for measuring levels of service when evaluating
3434potential impacts of a proposed development.
3435     (d)  The premise of concurrency is that the public
3436facilities will be provided in order to achieve and maintain the
3437adopted level of service standard. A comprehensive plan that
3438imposes transportation concurrency shall contain appropriate
3439amendments to the capital improvements element of the
3440comprehensive plan, consistent with the requirements of s.
3441163.3177(3). The capital improvements element shall identify
3442facilities necessary to meet adopted levels of service during a
34435-year period.
3444     (e)  If a local government applies transportation
3445concurrency in its jurisdiction, it is encouraged to develop
3446policy guidelines and techniques to address potential negative
3447impacts on future development:
3448     1.  In urban infill and redevelopment, and urban service
3449areas.
3450     2.  With special part-time demands on the transportation
3451system.
3452     3.  With de minimis impacts.
3453     4.  On community desired types of development, such as
3454redevelopment, or job creation projects.
3455     (f)  Local governments are encouraged to develop tools and
3456techniques to complement the application of transportation
3457concurrency such as:
3458     1.  Adoption of long-term strategies to facilitate
3459development patterns that support multimodal solutions,
3460including urban design, and appropriate land use mixes,
3461including intensity and density.
3462     2.  Adoption of an areawide level of service not dependent
3463on any single road segment function.
3464     3.  Exempting or discounting impacts of locally desired
3465development, such as development in urban areas, redevelopment,
3466job creation, and mixed use on the transportation system.
3467     4.  Assigning secondary priority to vehicle mobility and
3468primary priority to ensuring a safe, comfortable, and attractive
3469pedestrian environment, with convenient interconnection to
3470transit.
3471     5.  Establishing multimodal level of service standards that
3472rely primarily on nonvehicular modes of transportation where
3473existing or planned community design will provide adequate level
3474of mobility.
3475     6.  Reducing impact fees or local access fees to promote
3476development within urban areas, multimodal transportation
3477districts, and a balance of mixed use development in certain
3478areas or districts, or for affordable or workforce housing.
3479     (g)  Local governments are encouraged to coordinate with
3480adjacent local governments for the purpose of using common
3481methodologies for measuring impacts on transportation
3482facilities.
3483     (h)  Local governments that implement transportation
3484concurrency must:
3485     1.  Consult with the Department of Transportation when
3486proposed plan amendments affect facilities on the strategic
3487intermodal system.
3488     2.  Exempt public transit facilities from concurrency. For
3489the purposes of this subparagraph, public transit facilities
3490include transit stations and terminals; transit station parking;
3491park-and-ride lots; intermodal public transit connection or
3492transfer facilities; fixed bus, guideway, and rail stations; and
3493airport passenger terminals and concourses, air cargo
3494facilities, and hangars for the assembly, manufacture,
3495maintenance, or storage of aircraft. As used in this
3496subparagraph, the terms "terminals" and "transit facilities" do
3497not include seaports or commercial or residential development
3498constructed in conjunction with a public transit facility.
3499     3.  Allow an applicant for a development-of-regional-impact
3500development order, a rezoning, or other land use development
3501permit to satisfy the transportation concurrency requirements of
3502the local comprehensive plan, the local government's concurrency
3503management system, and s. 380.06, when applicable, if:
3504     a.  The applicant enters into a binding agreement to pay
3505for or construct its proportionate share of required
3506improvements.
3507     b.  The proportionate-share contribution or construction is
3508sufficient to accomplish one or more mobility improvements that
3509will benefit a regionally significant transportation facility.
3510     c.(I)  The local government has provided a means by which
3511the landowner will be assessed a proportionate share of the cost
3512of providing the transportation facilities necessary to serve
3513the proposed development. An applicant shall not be held
3514responsible for the additional cost of reducing or eliminating
3515deficiencies.
3516     (II)  When an applicant contributes or constructs its
3517proportionate share pursuant to this subparagraph, a local
3518government may not require payment or construction of
3519transportation facilities whose costs would be greater than a
3520development's proportionate share of the improvements necessary
3521to mitigate the development's impacts.
3522     (A)  The proportionate-share contribution shall be
3523calculated based upon the number of trips from the proposed
3524development expected to reach roadways during the peak hour from
3525the stage or phase being approved, divided by the change in the
3526peak hour maximum service volume of roadways resulting from
3527construction of an improvement necessary to maintain or achieve
3528the adopted level of service, multiplied by the construction
3529cost, at the time of development payment, of the improvement
3530necessary to maintain or achieve the adopted level of service.
3531     (B)  In using the proportionate-share formula provided in
3532this subparagraph, the applicant, in its traffic analysis, shall
3533identify those roads or facilities that have a transportation
3534deficiency in accordance with the transportation deficiency as
3535defined in sub-subparagraph e. The proportionate-share formula
3536provided in this subparagraph shall be applied only to those
3537facilities that are determined to be significantly impacted by
3538the project traffic under review. If any road is determined to
3539be transportation deficient without the project traffic under
3540review, the costs of correcting that deficiency shall be removed
3541from the project's proportionate-share calculation and the
3542necessary transportation improvements to correct that deficiency
3543shall be considered to be in place for purposes of the
3544proportionate-share calculation. The improvement necessary to
3545correct the transportation deficiency is the funding
3546responsibility of the entity that has maintenance responsibility
3547for the facility. The development's proportionate share shall be
3548calculated only for the needed transportation improvements that
3549are greater than the identified deficiency.
3550     (C)  When the provisions of this subparagraph have been
3551satisfied for a particular stage or phase of development, all
3552transportation impacts from that stage or phase for which
3553mitigation was required and provided shall be deemed fully
3554mitigated in any transportation analysis for a subsequent stage
3555or phase of development. Trips from a previous stage or phase
3556that did not result in impacts for which mitigation was required
3557or provided may be cumulatively analyzed with trips from a
3558subsequent stage or phase to determine whether an impact
3559requires mitigation for the subsequent stage or phase.
3560     (D)  In projecting the number of trips to be generated by
3561the development under review, any trips assigned to a toll-
3562financed facility shall be eliminated from the analysis.
3563     (E)  The applicant shall receive a credit on a dollar-for-
3564dollar basis for impact fees, mobility fees, and other
3565transportation concurrency mitigation requirements paid or
3566payable in the future for the project. The credit shall be
3567reduced up to 20 percent by the percentage share that the
3568project's traffic represents of the added capacity of the
3569selected improvement, or by the amount specified by local
3570ordinance, whichever yields the greater credit.
3571     d.  This subsection does not require a local government to
3572approve a development that is not otherwise qualified for
3573approval pursuant to the applicable local comprehensive plan and
3574land development regulations.
3575     e.  As used in this subsection, the term "transportation
3576deficiency" means a facility or facilities on which the adopted
3577level-of-service standard is exceeded by the existing,
3578committed, and vested trips, plus additional projected
3579background trips from any source other than the development
3580project under review, and trips that are forecast by established
3581traffic standards, including traffic modeling, consistent with
3582the University of Florida's Bureau of Economic and Business
3583Research medium population projections. Additional projected
3584background trips are to be coincident with the particular stage
3585or phase of development under review.
3586     (a)  The Legislature finds that under limited
3587circumstances, countervailing planning and public policy goals
3588may come into conflict with the requirement that adequate public
3589transportation facilities and services be available concurrent
3590with the impacts of such development. The Legislature further
3591finds that the unintended result of the concurrency requirement
3592for transportation facilities is often the discouragement of
3593urban infill development and redevelopment. Such unintended
3594results directly conflict with the goals and policies of the
3595state comprehensive plan and the intent of this part. The
3596Legislature also finds that in urban centers transportation
3597cannot be effectively managed and mobility cannot be improved
3598solely through the expansion of roadway capacity, that the
3599expansion of roadway capacity is not always physically or
3600financially possible, and that a range of transportation
3601alternatives is essential to satisfy mobility needs, reduce
3602congestion, and achieve healthy, vibrant centers.
3603     (b)1.  The following are transportation concurrency
3604exception areas:
3605     a.  A municipality that qualifies as a dense urban land
3606area under s. 163.3164;
3607     b.  An urban service area under s. 163.3164 that has been
3608adopted into the local comprehensive plan and is located within
3609a county that qualifies as a dense urban land area under s.
3610163.3164; and
3611     c.  A county, including the municipalities located therein,
3612which has a population of at least 900,000 and qualifies as a
3613dense urban land area under s. 163.3164, but does not have an
3614urban service area designated in the local comprehensive plan.
3615     2.  A municipality that does not qualify as a dense urban
3616land area pursuant to s. 163.3164 may designate in its local
3617comprehensive plan the following areas as transportation
3618concurrency exception areas:
3619     a.  Urban infill as defined in s. 163.3164;
3620     b.  Community redevelopment areas as defined in s. 163.340;
3621     c.  Downtown revitalization areas as defined in s.
3622163.3164;
3623     d.  Urban infill and redevelopment under s. 163.2517; or
3624     e.  Urban service areas as defined in s. 163.3164 or areas
3625within a designated urban service boundary under s.
3626163.3177(14).
3627     3.  A county that does not qualify as a dense urban land
3628area pursuant to s. 163.3164 may designate in its local
3629comprehensive plan the following areas as transportation
3630concurrency exception areas:
3631     a.  Urban infill as defined in s. 163.3164;
3632     b.  Urban infill and redevelopment under s. 163.2517; or
3633     c.  Urban service areas as defined in s. 163.3164.
3634     4.  A local government that has a transportation
3635concurrency exception area designated pursuant to subparagraph
36361., subparagraph 2., or subparagraph 3. shall, within 2 years
3637after the designated area becomes exempt, adopt into its local
3638comprehensive plan land use and transportation strategies to
3639support and fund mobility within the exception area, including
3640alternative modes of transportation. Local governments are
3641encouraged to adopt complementary land use and transportation
3642strategies that reflect the region's shared vision for its
3643future. If the state land planning agency finds insufficient
3644cause for the failure to adopt into its comprehensive plan land
3645use and transportation strategies to support and fund mobility
3646within the designated exception area after 2 years, it shall
3647submit the finding to the Administration Commission, which may
3648impose any of the sanctions set forth in s. 163.3184(11)(a) and
3649(b) against the local government.
3650     5.  Transportation concurrency exception areas designated
3651pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3652do not apply to designated transportation concurrency districts
3653located within a county that has a population of at least 1.5
3654million, has implemented and uses a transportation-related
3655concurrency assessment to support alternative modes of
3656transportation, including, but not limited to, mass transit, and
3657does not levy transportation impact fees within the concurrency
3658district.
3659     6.  Transportation concurrency exception areas designated
3660under subparagraph 1., subparagraph 2., or subparagraph 3. do
3661not apply in any county that has exempted more than 40 percent
3662of the area inside the urban service area from transportation
3663concurrency for the purpose of urban infill.
3664     7.  A local government that does not have a transportation
3665concurrency exception area designated pursuant to subparagraph
36661., subparagraph 2., or subparagraph 3. may grant an exception
3667from the concurrency requirement for transportation facilities
3668if the proposed development is otherwise consistent with the
3669adopted local government comprehensive plan and is a project
3670that promotes public transportation or is located within an area
3671designated in the comprehensive plan for:
3672     a.  Urban infill development;
3673     b.  Urban redevelopment;
3674     c.  Downtown revitalization;
3675     d.  Urban infill and redevelopment under s. 163.2517; or
3676     e.  An urban service area specifically designated as a
3677transportation concurrency exception area which includes lands
3678appropriate for compact, contiguous urban development, which
3679does not exceed the amount of land needed to accommodate the
3680projected population growth at densities consistent with the
3681adopted comprehensive plan within the 10-year planning period,
3682and which is served or is planned to be served with public
3683facilities and services as provided by the capital improvements
3684element.
3685     (c)  The Legislature also finds that developments located
3686within urban infill, urban redevelopment, urban service, or
3687downtown revitalization areas or areas designated as urban
3688infill and redevelopment areas under s. 163.2517, which pose
3689only special part-time demands on the transportation system, are
3690exempt from the concurrency requirement for transportation
3691facilities. A special part-time demand is one that does not have
3692more than 200 scheduled events during any calendar year and does
3693not affect the 100 highest traffic volume hours.
3694     (d)  Except for transportation concurrency exception areas
3695designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3696or subparagraph (b)3., the following requirements apply:
3697     1.  The local government shall both adopt into the
3698comprehensive plan and implement long-term strategies to support
3699and fund mobility within the designated exception area,
3700including alternative modes of transportation. The plan
3701amendment must also demonstrate how strategies will support the
3702purpose of the exception and how mobility within the designated
3703exception area will be provided.
3704     2.  The strategies must address urban design; appropriate
3705land use mixes, including intensity and density; and network
3706connectivity plans needed to promote urban infill,
3707redevelopment, or downtown revitalization. The comprehensive
3708plan amendment designating the concurrency exception area must
3709be accompanied by data and analysis supporting the local
3710government's determination of the boundaries of the
3711transportation concurrency exception area.
3712     (e)  Before designating a concurrency exception area
3713pursuant to subparagraph (b)7., the state land planning agency
3714and the Department of Transportation shall be consulted by the
3715local government to assess the impact that the proposed
3716exception area is expected to have on the adopted level-of-
3717service standards established for regional transportation
3718facilities identified pursuant to s. 186.507, including the
3719Strategic Intermodal System and roadway facilities funded in
3720accordance with s. 339.2819. Further, the local government shall
3721provide a plan for the mitigation of impacts to the Strategic
3722Intermodal System, including, if appropriate, access management,
3723parallel reliever roads, transportation demand management, and
3724other measures.
3725     (f)  The designation of a transportation concurrency
3726exception area does not limit a local government's home rule
3727power to adopt ordinances or impose fees. This subsection does
3728not affect any contract or agreement entered into or development
3729order rendered before the creation of the transportation
3730concurrency exception area except as provided in s.
3731380.06(29)(e).
3732     (g)  The Office of Program Policy Analysis and Government
3733Accountability shall submit to the President of the Senate and
3734the Speaker of the House of Representatives by February 1, 2015,
3735a report on transportation concurrency exception areas created
3736pursuant to this subsection. At a minimum, the report shall
3737address the methods that local governments have used to
3738implement and fund transportation strategies to achieve the
3739purposes of designated transportation concurrency exception
3740areas, and the effects of the strategies on mobility,
3741congestion, urban design, the density and intensity of land use
3742mixes, and network connectivity plans used to promote urban
3743infill, redevelopment, or downtown revitalization.
3744     (6)  The Legislature finds that a de minimis impact is
3745consistent with this part. A de minimis impact is an impact that
3746would not affect more than 1 percent of the maximum volume at
3747the adopted level of service of the affected transportation
3748facility as determined by the local government. No impact will
3749be de minimis if the sum of existing roadway volumes and the
3750projected volumes from approved projects on a transportation
3751facility would exceed 110 percent of the maximum volume at the
3752adopted level of service of the affected transportation
3753facility; provided however, that an impact of a single family
3754home on an existing lot will constitute a de minimis impact on
3755all roadways regardless of the level of the deficiency of the
3756roadway. Further, no impact will be de minimis if it would
3757exceed the adopted level-of-service standard of any affected
3758designated hurricane evacuation routes. Each local government
3759shall maintain sufficient records to ensure that the 110-percent
3760criterion is not exceeded. Each local government shall submit
3761annually, with its updated capital improvements element, a
3762summary of the de minimis records. If the state land planning
3763agency determines that the 110-percent criterion has been
3764exceeded, the state land planning agency shall notify the local
3765government of the exceedance and that no further de minimis
3766exceptions for the applicable roadway may be granted until such
3767time as the volume is reduced below the 110 percent. The local
3768government shall provide proof of this reduction to the state
3769land planning agency before issuing further de minimis
3770exceptions.
3771     (7)  In order to promote infill development and
3772redevelopment, one or more transportation concurrency management
3773areas may be designated in a local government comprehensive
3774plan. A transportation concurrency management area must be a
3775compact geographic area with an existing network of roads where
3776multiple, viable alternative travel paths or modes are available
3777for common trips. A local government may establish an areawide
3778level-of-service standard for such a transportation concurrency
3779management area based upon an analysis that provides for a
3780justification for the areawide level of service, how urban
3781infill development or redevelopment will be promoted, and how
3782mobility will be accomplished within the transportation
3783concurrency management area. Prior to the designation of a
3784concurrency management area, the Department of Transportation
3785shall be consulted by the local government to assess the impact
3786that the proposed concurrency management area is expected to
3787have on the adopted level-of-service standards established for
3788Strategic Intermodal System facilities, as defined in s. 339.64,
3789and roadway facilities funded in accordance with s. 339.2819.
3790Further, the local government shall, in cooperation with the
3791Department of Transportation, develop a plan to mitigate any
3792impacts to the Strategic Intermodal System, including, if
3793appropriate, the development of a long-term concurrency
3794management system pursuant to subsection (9) and s.
3795163.3177(3)(d). Transportation concurrency management areas
3796existing prior to July 1, 2005, shall meet, at a minimum, the
3797provisions of this section by July 1, 2006, or at the time of
3798the comprehensive plan update pursuant to the evaluation and
3799appraisal report, whichever occurs last. The state land planning
3800agency shall amend chapter 9J-5, Florida Administrative Code, to
3801be consistent with this subsection.
3802     (8)  When assessing the transportation impacts of proposed
3803urban redevelopment within an established existing urban service
3804area, 110 percent of the actual transportation impact caused by
3805the previously existing development must be reserved for the
3806redevelopment, even if the previously existing development has a
3807lesser or nonexisting impact pursuant to the calculations of the
3808local government. Redevelopment requiring less than 110 percent
3809of the previously existing capacity shall not be prohibited due
3810to the reduction of transportation levels of service below the
3811adopted standards. This does not preclude the appropriate
3812assessment of fees or accounting for the impacts within the
3813concurrency management system and capital improvements program
3814of the affected local government. This paragraph does not affect
3815local government requirements for appropriate development
3816permits.
3817     (9)(a)  Each local government may adopt as a part of its
3818plan, long-term transportation and school concurrency management
3819systems with a planning period of up to 10 years for specially
3820designated districts or areas where significant backlogs exist.
3821The plan may include interim level-of-service standards on
3822certain facilities and shall rely on the local government's
3823schedule of capital improvements for up to 10 years as a basis
3824for issuing development orders that authorize commencement of
3825construction in these designated districts or areas. The
3826concurrency management system must be designed to correct
3827existing deficiencies and set priorities for addressing
3828backlogged facilities. The concurrency management system must be
3829financially feasible and consistent with other portions of the
3830adopted local plan, including the future land use map.
3831     (b)  If a local government has a transportation or school
3832facility backlog for existing development which cannot be
3833adequately addressed in a 10-year plan, the state land planning
3834agency may allow it to develop a plan and long-term schedule of
3835capital improvements covering up to 15 years for good and
3836sufficient cause, based on a general comparison between that
3837local government and all other similarly situated local
3838jurisdictions, using the following factors:
3839     1.  The extent of the backlog.
3840     2.  For roads, whether the backlog is on local or state
3841roads.
3842     3.  The cost of eliminating the backlog.
3843     4.  The local government's tax and other revenue-raising
3844efforts.
3845     (c)  The local government may issue approvals to commence
3846construction notwithstanding this section, consistent with and
3847in areas that are subject to a long-term concurrency management
3848system.
3849     (d)  If the local government adopts a long-term concurrency
3850management system, it must evaluate the system periodically. At
3851a minimum, the local government must assess its progress toward
3852improving levels of service within the long-term concurrency
3853management district or area in the evaluation and appraisal
3854report and determine any changes that are necessary to
3855accelerate progress in meeting acceptable levels of service.
3856     (10)  Except in transportation concurrency exception areas,
3857with regard to roadway facilities on the Strategic Intermodal
3858System designated in accordance with s. 339.63, local
3859governments shall adopt the level-of-service standard
3860established by the Department of Transportation by rule.
3861However, if the Office of Tourism, Trade, and Economic
3862Development concurs in writing with the local government that
3863the proposed development is for a qualified job creation project
3864under s. 288.0656 or s. 403.973, the affected local government,
3865after consulting with the Department of Transportation, may
3866provide for a waiver of transportation concurrency for the
3867project. For all other roads on the State Highway System, local
3868governments shall establish an adequate level-of-service
3869standard that need not be consistent with any level-of-service
3870standard established by the Department of Transportation. In
3871establishing adequate level-of-service standards for any
3872arterial roads, or collector roads as appropriate, which
3873traverse multiple jurisdictions, local governments shall
3874consider compatibility with the roadway facility's adopted
3875level-of-service standards in adjacent jurisdictions. Each local
3876government within a county shall use a professionally accepted
3877methodology for measuring impacts on transportation facilities
3878for the purposes of implementing its concurrency management
3879system. Counties are encouraged to coordinate with adjacent
3880counties, and local governments within a county are encouraged
3881to coordinate, for the purpose of using common methodologies for
3882measuring impacts on transportation facilities for the purpose
3883of implementing their concurrency management systems.
3884     (11)  In order to limit the liability of local governments,
3885a local government may allow a landowner to proceed with
3886development of a specific parcel of land notwithstanding a
3887failure of the development to satisfy transportation
3888concurrency, when all the following factors are shown to exist:
3889     (a)  The local government with jurisdiction over the
3890property has adopted a local comprehensive plan that is in
3891compliance.
3892     (b)  The proposed development would be consistent with the
3893future land use designation for the specific property and with
3894pertinent portions of the adopted local plan, as determined by
3895the local government.
3896     (c)  The local plan includes a financially feasible capital
3897improvements element that provides for transportation facilities
3898adequate to serve the proposed development, and the local
3899government has not implemented that element.
3900     (d)  The local government has provided a means by which the
3901landowner will be assessed a fair share of the cost of providing
3902the transportation facilities necessary to serve the proposed
3903development.
3904     (e)  The landowner has made a binding commitment to the
3905local government to pay the fair share of the cost of providing
3906the transportation facilities to serve the proposed development.
3907     (12)(a)  A development of regional impact may satisfy the
3908transportation concurrency requirements of the local
3909comprehensive plan, the local government's concurrency
3910management system, and s. 380.06 by payment of a proportionate-
3911share contribution for local and regionally significant traffic
3912impacts, if:
3913     1.  The development of regional impact which, based on its
3914location or mix of land uses, is designed to encourage
3915pedestrian or other nonautomotive modes of transportation;
3916     2.  The proportionate-share contribution for local and
3917regionally significant traffic impacts is sufficient to pay for
3918one or more required mobility improvements that will benefit a
3919regionally significant transportation facility;
3920     3.  The owner and developer of the development of regional
3921impact pays or assures payment of the proportionate-share
3922contribution; and
3923     4.  If the regionally significant transportation facility
3924to be constructed or improved is under the maintenance authority
3925of a governmental entity, as defined by s. 334.03(12), other
3926than the local government with jurisdiction over the development
3927of regional impact, the developer is required to enter into a
3928binding and legally enforceable commitment to transfer funds to
3929the governmental entity having maintenance authority or to
3930otherwise assure construction or improvement of the facility.
3931
3932The proportionate-share contribution may be applied to any
3933transportation facility to satisfy the provisions of this
3934subsection and the local comprehensive plan, but, for the
3935purposes of this subsection, the amount of the proportionate-
3936share contribution shall be calculated based upon the cumulative
3937number of trips from the proposed development expected to reach
3938roadways during the peak hour from the complete buildout of a
3939stage or phase being approved, divided by the change in the peak
3940hour maximum service volume of roadways resulting from
3941construction of an improvement necessary to maintain the adopted
3942level of service, multiplied by the construction cost, at the
3943time of developer payment, of the improvement necessary to
3944maintain the adopted level of service. For purposes of this
3945subsection, "construction cost" includes all associated costs of
3946the improvement. Proportionate-share mitigation shall be limited
3947to ensure that a development of regional impact meeting the
3948requirements of this subsection mitigates its impact on the
3949transportation system but is not responsible for the additional
3950cost of reducing or eliminating backlogs. This subsection also
3951applies to Florida Quality Developments pursuant to s. 380.061
3952and to detailed specific area plans implementing optional sector
3953plans pursuant to s. 163.3245.
3954     (b)  As used in this subsection, the term "backlog" means a
3955facility or facilities on which the adopted level-of-service
3956standard is exceeded by the existing trips, plus additional
3957projected background trips from any source other than the
3958development project under review that are forecast by
3959established traffic standards, including traffic modeling,
3960consistent with the University of Florida Bureau of Economic and
3961Business Research medium population projections. Additional
3962projected background trips are to be coincident with the
3963particular stage or phase of development under review.
3964     (13)  School concurrency shall be established on a
3965districtwide basis and shall include all public schools in the
3966district and all portions of the district, whether located in a
3967municipality or an unincorporated area unless exempt from the
3968public school facilities element pursuant to s. 163.3177(12).
3969     (6)(a)  If concurrency is applied to public education
3970facilities, The application of school concurrency to development
3971shall be based upon the adopted comprehensive plan, as amended.
3972all local governments within a county, except as provided in
3973paragraph (i) (f), shall include principles, guidelines,
3974standards, and strategies, including adopted levels of service,
3975in their comprehensive plans and adopt and transmit to the state
3976land planning agency the necessary plan amendments, along with
3977the interlocal agreements. If the county and one or more
3978municipalities have adopted school concurrency into its
3979comprehensive plan and interlocal agreement that represents at
3980least 80 percent of the total countywide population, the failure
3981of one or more municipalities to adopt the concurrency and enter
3982into the interlocal agreement does not preclude implementation
3983of school concurrency within jurisdictions of the school
3984district that have opted to implement concurrency. agreement,
3985for a compliance review pursuant to s. 163.3184(7) and (8). The
3986minimum requirements for school concurrency are the following:
3987     (a)  Public school facilities element.-A local government
3988shall adopt and transmit to the state land planning agency a
3989plan or plan amendment which includes a public school facilities
3990element which is consistent with the requirements of s.
3991163.3177(12) and which is determined to be in compliance as
3992defined in s. 163.3184(1)(b). All local government provisions
3993included in comprehensive plans regarding school concurrency
3994public school facilities plan elements within a county must be
3995consistent with each other as well as the requirements of this
3996part.
3997     (b)  Level-of-service standards.-The Legislature recognizes
3998that an essential requirement for a concurrency management
3999system is the level of service at which a public facility is
4000expected to operate.
4001     1.  Local governments and school boards imposing school
4002concurrency shall exercise authority in conjunction with each
4003other to establish jointly adequate level-of-service standards,
4004as defined in chapter 9J-5, Florida Administrative Code,
4005necessary to implement the adopted local government
4006comprehensive plan, based on data and analysis.
4007     (c)2.  Public school level-of-service standards shall be
4008included and adopted into the capital improvements element of
4009the local comprehensive plan and shall apply districtwide to all
4010schools of the same type. Types of schools may include
4011elementary, middle, and high schools as well as special purpose
4012facilities such as magnet schools.
4013     (d)3.  Local governments and school boards may shall have
4014the option to utilize tiered level-of-service standards to allow
4015time to achieve an adequate and desirable level of service as
4016circumstances warrant.
4017     (e)4.  For the purpose of determining whether levels of
4018service have been achieved, for the first 3 years of school
4019concurrency implementation, A school district that includes
4020relocatable facilities in its inventory of student stations
4021shall include the capacity of such relocatable facilities as
4022provided in s. 1013.35(2)(b)2.f., provided the relocatable
4023facilities were purchased after 1998 and the relocatable
4024facilities meet the standards for long-term use pursuant to s.
40251013.20.
4026     (c)  Service areas.-The Legislature recognizes that an
4027essential requirement for a concurrency system is a designation
4028of the area within which the level of service will be measured
4029when an application for a residential development permit is
4030reviewed for school concurrency purposes. This delineation is
4031also important for purposes of determining whether the local
4032government has a financially feasible public school capital
4033facilities program that will provide schools which will achieve
4034and maintain the adopted level-of-service standards.
4035     (f)1.  In order to balance competing interests, preserve
4036the constitutional concept of uniformity, and avoid disruption
4037of existing educational and growth management processes, local
4038governments are encouraged, if they elect to adopt school
4039concurrency, to initially apply school concurrency to
4040development only on a districtwide basis so that a concurrency
4041determination for a specific development will be based upon the
4042availability of school capacity districtwide. To ensure that
4043development is coordinated with schools having available
4044capacity, within 5 years after adoption of school concurrency,
4045     2.  If a local government elects to governments shall apply
4046school concurrency on a less than districtwide basis, by such as
4047using school attendance zones or concurrency service areas:, as
4048provided in subparagraph 2.
4049     a.2.  For local governments applying school concurrency on
4050a less than districtwide basis, such as utilizing school
4051attendance zones or larger school concurrency service areas,
4052Local governments and school boards shall have the burden to
4053demonstrate that the utilization of school capacity is maximized
4054to the greatest extent possible in the comprehensive plan and
4055amendment, taking into account transportation costs and court-
4056approved desegregation plans, as well as other factors. In
4057addition, in order to achieve concurrency within the service
4058area boundaries selected by local governments and school boards,
4059the service area boundaries, together with the standards for
4060establishing those boundaries, shall be identified and included
4061as supporting data and analysis for the comprehensive plan.
4062     b.3.  Where school capacity is available on a districtwide
4063basis but school concurrency is applied on a less than
4064districtwide basis in the form of concurrency service areas, if
4065the adopted level-of-service standard cannot be met in a
4066particular service area as applied to an application for a
4067development permit and if the needed capacity for the particular
4068service area is available in one or more contiguous service
4069areas, as adopted by the local government, then the local
4070government may not deny an application for site plan or final
4071subdivision approval or the functional equivalent for a
4072development or phase of a development on the basis of school
4073concurrency, and if issued, development impacts shall be
4074subtracted from the shifted to  contiguous service area's areas
4075with schools having available capacity totals. Students from the
4076development may not be required to go to the adjacent service
4077area unless the school board rezones the area in which the
4078development occurs.
4079     (g)(d)  Financial feasibility.-The Legislature recognizes
4080that financial feasibility is an important issue because The
4081premise of concurrency is that the public facilities will be
4082provided in order to achieve and maintain the adopted level-of-
4083service standard. This part and chapter 9J-5, Florida
4084Administrative Code, contain specific standards to determine the
4085financial feasibility of capital programs. These standards were
4086adopted to make concurrency more predictable and local
4087governments more accountable.
4088     1.  A comprehensive plan that imposes amendment seeking to
4089impose school concurrency shall contain appropriate amendments
4090to the capital improvements element of the comprehensive plan,
4091consistent with the requirements of s. 163.3177(3) and rule 9J-
40925.016, Florida Administrative Code. The capital improvements
4093element shall identify facilities necessary to meet adopted
4094levels of service during a 5-year period consistent with the
4095school board's educational set forth a financially feasible
4096public school capital facilities plan program, established in
4097conjunction with the school board, that demonstrates that the
4098adopted level-of-service standards will be achieved and
4099maintained.
4100     (h)1.  In order to limit the liability of local
4101governments, a local government may allow a landowner to proceed
4102with development of a specific parcel of land notwithstanding a
4103failure of the development to satisfy school concurrency, if all
4104the following factors are shown to exist:
4105     a.  The proposed development would be consistent with the
4106future land use designation for the specific property and with
4107pertinent portions of the adopted local plan, as determined by
4108the local government.
4109     b.  The local government's capital improvements element and
4110the school board's educational facilities plan provide for
4111school facilities adequate to serve the proposed development,
4112and the local government or school board has not implemented
4113that element or the project includes a plan that demonstrates
4114that the capital facilities needed as a result of the project
4115can be reasonably provided.
4116     c.  The local government and school board have provided a
4117means by which the landowner will be assessed a proportionate
4118share of the cost of providing the school facilities necessary
4119to serve the proposed development.
4120     2.  Such amendments shall demonstrate that the public
4121school capital facilities program meets all of the financial
4122feasibility standards of this part and chapter 9J-5, Florida
4123Administrative Code, that apply to capital programs which
4124provide the basis for mandatory concurrency on other public
4125facilities and services.
4126     3.  When the financial feasibility of a public school
4127capital facilities program is evaluated by the state land
4128planning agency for purposes of a compliance determination, the
4129evaluation shall be based upon the service areas selected by the
4130local governments and school board.
4131     2.(e)  Availability standard.-Consistent with the public
4132welfare, If a local government applies school concurrency, it
4133may not deny an application for site plan, final subdivision
4134approval, or the functional equivalent for a development or
4135phase of a development authorizing residential development for
4136failure to achieve and maintain the level-of-service standard
4137for public school capacity in a local school concurrency
4138management system where adequate school facilities will be in
4139place or under actual construction within 3 years after the
4140issuance of final subdivision or site plan approval, or the
4141functional equivalent. School concurrency is satisfied if the
4142developer executes a legally binding commitment to provide
4143mitigation proportionate to the demand for public school
4144facilities to be created by actual development of the property,
4145including, but not limited to, the options described in sub-
4146subparagraph a. subparagraph 1. Options for proportionate-share
4147mitigation of impacts on public school facilities must be
4148established in the comprehensive plan public school facilities
4149element and the interlocal agreement pursuant to s. 163.31777.
4150     a.1.  Appropriate mitigation options include the
4151contribution of land; the construction, expansion, or payment
4152for land acquisition or construction of a public school
4153facility; the construction of a charter school that complies
4154with the requirements of s. 1002.33(18); or the creation of
4155mitigation banking based on the construction of a public school
4156facility in exchange for the right to sell capacity credits.
4157Such options must include execution by the applicant and the
4158local government of a development agreement that constitutes a
4159legally binding commitment to pay proportionate-share mitigation
4160for the additional residential units approved by the local
4161government in a development order and actually developed on the
4162property, taking into account residential density allowed on the
4163property prior to the plan amendment that increased the overall
4164residential density. The district school board must be a party
4165to such an agreement. As a condition of its entry into such a
4166development agreement, the local government may require the
4167landowner to agree to continuing renewal of the agreement upon
4168its expiration.
4169     b.2.  If the interlocal agreement education facilities plan
4170and the local government comprehensive plan public educational
4171facilities element authorize a contribution of land; the
4172construction, expansion, or payment for land acquisition; the
4173construction or expansion of a public school facility, or a
4174portion thereof; or the construction of a charter school that
4175complies with the requirements of s. 1002.33(18), as
4176proportionate-share mitigation, the local government shall
4177credit such a contribution, construction, expansion, or payment
4178toward any other impact fee or exaction imposed by local
4179ordinance for the same need, on a dollar-for-dollar basis at
4180fair market value.
4181     c.3.  Any proportionate-share mitigation must be directed
4182by the school board toward a school capacity improvement
4183identified in the a financially feasible 5-year school board's
4184educational facilities district work plan that satisfies the
4185demands created by the development in accordance with a binding
4186developer's agreement.
4187     4.  If a development is precluded from commencing because
4188there is inadequate classroom capacity to mitigate the impacts
4189of the development, the development may nevertheless commence if
4190there are accelerated facilities in an approved capital
4191improvement element scheduled for construction in year four or
4192later of such plan which, when built, will mitigate the proposed
4193development, or if such accelerated facilities will be in the
4194next annual update of the capital facilities element, the
4195developer enters into a binding, financially guaranteed
4196agreement with the school district to construct an accelerated
4197facility within the first 3 years of an approved capital
4198improvement plan, and the cost of the school facility is equal
4199to or greater than the development's proportionate share. When
4200the completed school facility is conveyed to the school
4201district, the developer shall receive impact fee credits usable
4202within the zone where the facility is constructed or any
4203attendance zone contiguous with or adjacent to the zone where
4204the facility is constructed.
4205     3.5.  This paragraph does not limit the authority of a
4206local government to deny a development permit or its functional
4207equivalent pursuant to its home rule regulatory powers, except
4208as provided in this part.
4209     (i)(f)  Intergovernmental coordination.-
4210     1.  When establishing concurrency requirements for public
4211schools, a local government shall satisfy the requirements for
4212intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4213and 2., except that A municipality is not required to be a
4214signatory to the interlocal agreement required by paragraph (j)
4215ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4216imposition of school concurrency, and as a nonsignatory, may
4217shall not participate in the adopted local school concurrency
4218system, if the municipality meets all of the following criteria
4219for having no significant impact on school attendance:
4220     1.a.  The municipality has issued development orders for
4221fewer than 50 residential dwelling units during the preceding 5
4222years, or the municipality has generated fewer than 25
4223additional public school students during the preceding 5 years.
4224     2.b.  The municipality has not annexed new land during the
4225preceding 5 years in land use categories which permit
4226residential uses that will affect school attendance rates.
4227     3.c.  The municipality has no public schools located within
4228its boundaries.
4229     4.d.  At least 80 percent of the developable land within
4230the boundaries of the municipality has been built upon.
4231     2.  A municipality which qualifies as having no significant
4232impact on school attendance pursuant to the criteria of
4233subparagraph 1. must review and determine at the time of its
4234evaluation and appraisal report pursuant to s. 163.3191 whether
4235it continues to meet the criteria pursuant to s. 163.31777(6).
4236If the municipality determines that it no longer meets the
4237criteria, it must adopt appropriate school concurrency goals,
4238objectives, and policies in its plan amendments based on the
4239evaluation and appraisal report, and enter into the existing
4240interlocal agreement required by ss. 163.3177(6)(h)2. and
4241163.31777, in order to fully participate in the school
4242concurrency system. If such a municipality fails to do so, it
4243will be subject to the enforcement provisions of s. 163.3191.
4244     (j)(g)  Interlocal agreement for school concurrency.-When
4245establishing concurrency requirements for public schools, a
4246local government must enter into an interlocal agreement that
4247satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4248163.31777 and the requirements of this subsection. The
4249interlocal agreement shall acknowledge both the school board's
4250constitutional and statutory obligations to provide a uniform
4251system of free public schools on a countywide basis, and the
4252land use authority of local governments, including their
4253authority to approve or deny comprehensive plan amendments and
4254development orders. The interlocal agreement shall be submitted
4255to the state land planning agency by the local government as a
4256part of the compliance review, along with the other necessary
4257amendments to the comprehensive plan required by this part. In
4258addition to the requirements of ss. 163.3177(6)(h) and
4259163.31777, The interlocal agreement shall meet the following
4260requirements:
4261     1.  Establish the mechanisms for coordinating the
4262development, adoption, and amendment of each local government's
4263school concurrency related provisions of the comprehensive plan
4264public school facilities element with each other and the plans
4265of the school board to ensure a uniform districtwide school
4266concurrency system.
4267     2.  Establish a process for the development of siting
4268criteria which encourages the location of public schools
4269proximate to urban residential areas to the extent possible and
4270seeks to collocate schools with other public facilities such as
4271parks, libraries, and community centers to the extent possible.
4272     2.3.  Specify uniform, districtwide level-of-service
4273standards for public schools of the same type and the process
4274for modifying the adopted level-of-service standards.
4275     4.  Establish a process for the preparation, amendment, and
4276joint approval by each local government and the school board of
4277a public school capital facilities program which is financially
4278feasible, and a process and schedule for incorporation of the
4279public school capital facilities program into the local
4280government comprehensive plans on an annual basis.
4281     3.5.  Define the geographic application of school
4282concurrency. If school concurrency is to be applied on a less
4283than districtwide basis in the form of concurrency service
4284areas, the agreement shall establish criteria and standards for
4285the establishment and modification of school concurrency service
4286areas. The agreement shall also establish a process and schedule
4287for the mandatory incorporation of the school concurrency
4288service areas and the criteria and standards for establishment
4289of the service areas into the local government comprehensive
4290plans. The agreement shall ensure maximum utilization of school
4291capacity, taking into account transportation costs and court-
4292approved desegregation plans, as well as other factors. The
4293agreement shall also ensure the achievement and maintenance of
4294the adopted level-of-service standards for the geographic area
4295of application throughout the 5 years covered by the public
4296school capital facilities plan and thereafter by adding a new
4297fifth year during the annual update.
4298     4.6.  Establish a uniform districtwide procedure for
4299implementing school concurrency which provides for:
4300     a.  The evaluation of development applications for
4301compliance with school concurrency requirements, including
4302information provided by the school board on affected schools,
4303impact on levels of service, and programmed improvements for
4304affected schools and any options to provide sufficient capacity;
4305     b.  An opportunity for the school board to review and
4306comment on the effect of comprehensive plan amendments and
4307rezonings on the public school facilities plan; and
4308     c.  The monitoring and evaluation of the school concurrency
4309system.
4310     7.  Include provisions relating to amendment of the
4311agreement.
4312     5.8.  A process and uniform methodology for determining
4313proportionate-share mitigation pursuant to paragraph (h)
4314subparagraph (e)1.
4315     (k)(h)  Local government authority.-This subsection does
4316not limit the authority of a local government to grant or deny a
4317development permit or its functional equivalent prior to the
4318implementation of school concurrency.
4319     (14)  The state land planning agency shall, by October 1,
43201998, adopt by rule minimum criteria for the review and
4321determination of compliance of a public school facilities
4322element adopted by a local government for purposes of imposition
4323of school concurrency.
4324     (15)(a)  Multimodal transportation districts may be
4325established under a local government comprehensive plan in areas
4326delineated on the future land use map for which the local
4327comprehensive plan assigns secondary priority to vehicle
4328mobility and primary priority to assuring a safe, comfortable,
4329and attractive pedestrian environment, with convenient
4330interconnection to transit. Such districts must incorporate
4331community design features that will reduce the number of
4332automobile trips or vehicle miles of travel and will support an
4333integrated, multimodal transportation system. Prior to the
4334designation of multimodal transportation districts, the
4335Department of Transportation shall be consulted by the local
4336government to assess the impact that the proposed multimodal
4337district area is expected to have on the adopted level-of-
4338service standards established for Strategic Intermodal System
4339facilities, as defined in s. 339.64, and roadway facilities
4340funded in accordance with s. 339.2819. Further, the local
4341government shall, in cooperation with the Department of
4342Transportation, develop a plan to mitigate any impacts to the
4343Strategic Intermodal System, including the development of a
4344long-term concurrency management system pursuant to subsection
4345(9) and s. 163.3177(3)(d). Multimodal transportation districts
4346existing prior to July 1, 2005, shall meet, at a minimum, the
4347provisions of this section by July 1, 2006, or at the time of
4348the comprehensive plan update pursuant to the evaluation and
4349appraisal report, whichever occurs last.
4350     (b)  Community design elements of such a district include:
4351a complementary mix and range of land uses, including
4352educational, recreational, and cultural uses; interconnected
4353networks of streets designed to encourage walking and bicycling,
4354with traffic-calming where desirable; appropriate densities and
4355intensities of use within walking distance of transit stops;
4356daily activities within walking distance of residences, allowing
4357independence to persons who do not drive; public uses, streets,
4358and squares that are safe, comfortable, and attractive for the
4359pedestrian, with adjoining buildings open to the street and with
4360parking not interfering with pedestrian, transit, automobile,
4361and truck travel modes.
4362     (c)  Local governments may establish multimodal level-of-
4363service standards that rely primarily on nonvehicular modes of
4364transportation within the district, when justified by an
4365analysis demonstrating that the existing and planned community
4366design will provide an adequate level of mobility within the
4367district based upon professionally accepted multimodal level-of-
4368service methodologies. The analysis must also demonstrate that
4369the capital improvements required to promote community design
4370are financially feasible over the development or redevelopment
4371timeframe for the district and that community design features
4372within the district provide convenient interconnection for a
4373multimodal transportation system. Local governments may issue
4374development permits in reliance upon all planned community
4375design capital improvements that are financially feasible over
4376the development or redevelopment timeframe for the district,
4377without regard to the period of time between development or
4378redevelopment and the scheduled construction of the capital
4379improvements. A determination of financial feasibility shall be
4380based upon currently available funding or funding sources that
4381could reasonably be expected to become available over the
4382planning period.
4383     (d)  Local governments may reduce impact fees or local
4384access fees for development within multimodal transportation
4385districts based on the reduction of vehicle trips per household
4386or vehicle miles of travel expected from the development pattern
4387planned for the district.
4388     (16)  It is the intent of the Legislature to provide a
4389method by which the impacts of development on transportation
4390facilities can be mitigated by the cooperative efforts of the
4391public and private sectors. The methodology used to calculate
4392proportionate fair-share mitigation under this section shall be
4393as provided for in subsection (12).
4394     (a)  By December 1, 2006, each local government shall adopt
4395by ordinance a methodology for assessing proportionate fair-
4396share mitigation options. By December 1, 2005, the Department of
4397Transportation shall develop a model transportation concurrency
4398management ordinance with methodologies for assessing
4399proportionate fair-share mitigation options.
4400     (b)1.  In its transportation concurrency management system,
4401a local government shall, by December 1, 2006, include
4402methodologies that will be applied to calculate proportionate
4403fair-share mitigation. A developer may choose to satisfy all
4404transportation concurrency requirements by contributing or
4405paying proportionate fair-share mitigation if transportation
4406facilities or facility segments identified as mitigation for
4407traffic impacts are specifically identified for funding in the
44085-year schedule of capital improvements in the capital
4409improvements element of the local plan or the long-term
4410concurrency management system or if such contributions or
4411payments to such facilities or segments are reflected in the 5-
4412year schedule of capital improvements in the next regularly
4413scheduled update of the capital improvements element. Updates to
4414the 5-year capital improvements element which reflect
4415proportionate fair-share contributions may not be found not in
4416compliance based on ss. 163.3164(32) and 163.3177(3) if
4417additional contributions, payments or funding sources are
4418reasonably anticipated during a period not to exceed 10 years to
4419fully mitigate impacts on the transportation facilities.
4420     2.  Proportionate fair-share mitigation shall be applied as
4421a credit against impact fees to the extent that all or a portion
4422of the proportionate fair-share mitigation is used to address
4423the same capital infrastructure improvements contemplated by the
4424local government's impact fee ordinance.
4425     (c)  Proportionate fair-share mitigation includes, without
4426limitation, separately or collectively, private funds,
4427contributions of land, and construction and contribution of
4428facilities and may include public funds as determined by the
4429local government. Proportionate fair-share mitigation may be
4430directed toward one or more specific transportation improvements
4431reasonably related to the mobility demands created by the
4432development and such improvements may address one or more modes
4433of travel. The fair market value of the proportionate fair-share
4434mitigation shall not differ based on the form of mitigation. A
4435local government may not require a development to pay more than
4436its proportionate fair-share contribution regardless of the
4437method of mitigation. Proportionate fair-share mitigation shall
4438be limited to ensure that a development meeting the requirements
4439of this section mitigates its impact on the transportation
4440system but is not responsible for the additional cost of
4441reducing or eliminating backlogs.
4442     (d)  This subsection does not require a local government to
4443approve a development that is not otherwise qualified for
4444approval pursuant to the applicable local comprehensive plan and
4445land development regulations.
4446     (e)  Mitigation for development impacts to facilities on
4447the Strategic Intermodal System made pursuant to this subsection
4448requires the concurrence of the Department of Transportation.
4449     (f)  If the funds in an adopted 5-year capital improvements
4450element are insufficient to fully fund construction of a
4451transportation improvement required by the local government's
4452concurrency management system, a local government and a
4453developer may still enter into a binding proportionate-share
4454agreement authorizing the developer to construct that amount of
4455development on which the proportionate share is calculated if
4456the proportionate-share amount in such agreement is sufficient
4457to pay for one or more improvements which will, in the opinion
4458of the governmental entity or entities maintaining the
4459transportation facilities, significantly benefit the impacted
4460transportation system. The improvements funded by the
4461proportionate-share component must be adopted into the 5-year
4462capital improvements schedule of the comprehensive plan at the
4463next annual capital improvements element update. The funding of
4464any improvements that significantly benefit the impacted
4465transportation system satisfies concurrency requirements as a
4466mitigation of the development's impact upon the overall
4467transportation system even if there remains a failure of
4468concurrency on other impacted facilities.
4469     (g)  Except as provided in subparagraph (b)1., this section
4470may not prohibit the Department of Community Affairs from
4471finding other portions of the capital improvements element
4472amendments not in compliance as provided in this chapter.
4473     (h)  The provisions of this subsection do not apply to a
4474development of regional impact satisfying the requirements of
4475subsection (12).
4476     (i)  As used in this subsection, the term "backlog" means a
4477facility or facilities on which the adopted level-of-service
4478standard is exceeded by the existing trips, plus additional
4479projected background trips from any source other than the
4480development project under review that are forecast by
4481established traffic standards, including traffic modeling,
4482consistent with the University of Florida Bureau of Economic and
4483Business Research medium population projections. Additional
4484projected background trips are to be coincident with the
4485particular stage or phase of development under review.
4486     (17)  A local government and the developer of affordable
4487workforce housing units developed in accordance with s.
4488380.06(19) or s. 380.0651(3) may identify an employment center
4489or centers in close proximity to the affordable workforce
4490housing units. If at least 50 percent of the units are occupied
4491by an employee or employees of an identified employment center
4492or centers, all of the affordable workforce housing units are
4493exempt from transportation concurrency requirements, and the
4494local government may not reduce any transportation trip-
4495generation entitlements of an approved development-of-regional-
4496impact development order. As used in this subsection, the term
4497"close proximity" means 5 miles from the nearest point of the
4498development of regional impact to the nearest point of the
4499employment center, and the term "employment center" means a
4500place of employment that employs at least 25 or more full-time
4501employees.
4502     Section 16.  Section 163.3182, Florida Statutes, is amended
4503to read:
4504     163.3182  Transportation deficiencies concurrency
4505backlogs.-
4506     (1)  DEFINITIONS.-For purposes of this section, the term:
4507     (a)  "Transportation deficiency concurrency backlog area"
4508means the geographic area within the unincorporated portion of a
4509county or within the municipal boundary of a municipality
4510designated in a local government comprehensive plan for which a
4511transportation development concurrency backlog authority is
4512created pursuant to this section. A transportation deficiency
4513concurrency backlog area created within the corporate boundary
4514of a municipality shall be made pursuant to an interlocal
4515agreement between a county, a municipality or municipalities,
4516and any affected taxing authority or authorities.
4517     (b)  "Authority" or "transportation development concurrency
4518backlog authority" means the governing body of a county or
4519municipality within which an authority is created.
4520     (c)  "Governing body" means the council, commission, or
4521other legislative body charged with governing the county or
4522municipality within which an a transportation concurrency
4523backlog authority is created pursuant to this section.
4524     (d)  "Transportation deficiency concurrency backlog" means
4525an identified need deficiency where the existing and projected
4526extent of traffic volume exceeds the level of service standard
4527adopted in a local government comprehensive plan for a
4528transportation facility.
4529     (e)  "Transportation sufficiency concurrency backlog plan"
4530means the plan adopted as part of a local government
4531comprehensive plan by the governing body of a county or
4532municipality acting as a transportation development concurrency
4533backlog authority.
4534     (f)  "Transportation concurrency backlog project" means any
4535designated transportation project identified for construction
4536within the jurisdiction of a transportation development
4537concurrency backlog authority.
4538     (g)  "Debt service millage" means any millage levied
4539pursuant to s. 12, Art. VII of the State Constitution.
4540     (h)  "Increment revenue" means the amount calculated
4541pursuant to subsection (5).
4542     (i)  "Taxing authority" means a public body that levies or
4543is authorized to levy an ad valorem tax on real property located
4544within a transportation deficiency concurrency backlog area,
4545except a school district.
4546     (2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4547BACKLOG AUTHORITIES.-
4548     (a)  A county or municipality may create a transportation
4549development concurrency backlog authority if it has an
4550identified transportation deficiency concurrency backlog.
4551     (b)  Acting as the transportation development concurrency
4552backlog authority within the authority's jurisdictional
4553boundary, the governing body of a county or municipality shall
4554adopt and implement a plan to eliminate all identified
4555transportation deficiencies concurrency backlogs within the
4556authority's jurisdiction using funds provided pursuant to
4557subsection (5) and as otherwise provided pursuant to this
4558section.
4559     (c)  The Legislature finds and declares that there exist in
4560many counties and municipalities areas that have significant
4561transportation deficiencies and inadequate transportation
4562facilities; that many insufficiencies and inadequacies severely
4563limit or prohibit the satisfaction of transportation level of
4564service concurrency standards; that the transportation
4565insufficiencies and inadequacies affect the health, safety, and
4566welfare of the residents of these counties and municipalities;
4567that the transportation insufficiencies and inadequacies
4568adversely affect economic development and growth of the tax base
4569for the areas in which these insufficiencies and inadequacies
4570exist; and that the elimination of transportation deficiencies
4571and inadequacies and the satisfaction of transportation
4572concurrency standards are paramount public purposes for the
4573state and its counties and municipalities.
4574     (3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4575BACKLOG AUTHORITY.-Each transportation development concurrency
4576backlog authority created pursuant to this section has the
4577powers necessary or convenient to carry out the purposes of this
4578section, including the following powers in addition to others
4579granted in this section:
4580     (a)  To make and execute contracts and other instruments
4581necessary or convenient to the exercise of its powers under this
4582section.
4583     (b)  To undertake and carry out transportation concurrency
4584backlog projects for transportation facilities designed to
4585relieve transportation deficiencies that have a concurrency
4586backlog within the authority's jurisdiction. Transportation
4587Concurrency backlog projects may include transportation
4588facilities that provide for alternative modes of travel
4589including sidewalks, bikeways, and mass transit which are
4590related to a deficient backlogged transportation facility.
4591     (c)  To invest any transportation concurrency backlog funds
4592held in reserve, sinking funds, or any such funds not required
4593for immediate disbursement in property or securities in which
4594savings banks may legally invest funds subject to the control of
4595the authority and to redeem such bonds as have been issued
4596pursuant to this section at the redemption price established
4597therein, or to purchase such bonds at less than redemption
4598price. All such bonds redeemed or purchased shall be canceled.
4599     (d)  To borrow money, including, but not limited to,
4600issuing debt obligations such as, but not limited to, bonds,
4601notes, certificates, and similar debt instruments; to apply for
4602and accept advances, loans, grants, contributions, and any other
4603forms of financial assistance from the Federal Government or the
4604state, county, or any other public body or from any sources,
4605public or private, for the purposes of this part; to give such
4606security as may be required; to enter into and carry out
4607contracts or agreements; and to include in any contracts for
4608financial assistance with the Federal Government for or with
4609respect to a transportation concurrency backlog project and
4610related activities such conditions imposed under federal laws as
4611the transportation development concurrency backlog authority
4612considers reasonable and appropriate and which are not
4613inconsistent with the purposes of this section.
4614     (e)  To make or have made all surveys and plans necessary
4615to the carrying out of the purposes of this section; to contract
4616with any persons, public or private, in making and carrying out
4617such plans; and to adopt, approve, modify, or amend such
4618transportation sufficiency concurrency backlog plans.
4619     (f)  To appropriate such funds and make such expenditures
4620as are necessary to carry out the purposes of this section, and
4621to enter into agreements with other public bodies, which
4622agreements may extend over any period notwithstanding any
4623provision or rule of law to the contrary.
4624     (4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4625     (a)  Each transportation development concurrency backlog
4626authority shall adopt a transportation sufficiency concurrency
4627backlog plan as a part of the local government comprehensive
4628plan within 6 months after the creation of the authority. The
4629plan must:
4630     (a)1.  Identify all transportation facilities that have
4631been designated as deficient and require the expenditure of
4632moneys to upgrade, modify, or mitigate the deficiency.
4633     (b)2.  Include a priority listing of all transportation
4634facilities that have been designated as deficient and do not
4635satisfy concurrency requirements pursuant to s. 163.3180, and
4636the applicable local government comprehensive plan.
4637     (c)3.  Establish a schedule for financing and construction
4638of transportation concurrency backlog projects that will
4639eliminate transportation deficiencies concurrency backlogs
4640within the jurisdiction of the authority within 10 years after
4641the transportation sufficiency concurrency backlog plan
4642adoption. The schedule shall be adopted as part of the local
4643government comprehensive plan.
4644     (b)  The adoption of the transportation concurrency backlog
4645plan shall be exempt from the provisions of s. 163.3187(1).
4646
4647Notwithstanding such schedule requirements, as long as the
4648schedule provides for the elimination of all transportation
4649deficiencies concurrency backlogs within 10 years after the
4650adoption of the transportation sufficiency concurrency backlog
4651plan, the final maturity date of any debt incurred to finance or
4652refinance the related projects may be no later than 40 years
4653after the date the debt is incurred and the authority may
4654continue operations and administer the trust fund established as
4655provided in subsection (5) for as long as the debt remains
4656outstanding.
4657     (5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4658development concurrency backlog authority shall establish a
4659local transportation concurrency backlog trust fund upon
4660creation of the authority. Each local trust fund shall be
4661administered by the transportation development concurrency
4662backlog authority within which a transportation deficiencies
4663have concurrency backlog has been identified. Each local trust
4664fund must continue to be funded under this section for as long
4665as the projects set forth in the related transportation
4666sufficiency concurrency backlog plan remain to be completed or
4667until any debt incurred to finance or refinance the related
4668projects is no longer outstanding, whichever occurs later.
4669Beginning in the first fiscal year after the creation of the
4670authority, each local trust fund shall be funded by the proceeds
4671of an ad valorem tax increment collected within each
4672transportation deficiency concurrency backlog area to be
4673determined annually and shall be a minimum of 25 percent of the
4674difference between the amounts set forth in paragraphs (a) and
4675(b), except that if all of the affected taxing authorities agree
4676under an interlocal agreement, a particular local trust fund may
4677be funded by the proceeds of an ad valorem tax increment greater
4678than 25 percent of the difference between the amounts set forth
4679in paragraphs (a) and (b):
4680     (a)  The amount of ad valorem tax levied each year by each
4681taxing authority, exclusive of any amount from any debt service
4682millage, on taxable real property contained within the
4683jurisdiction of the transportation development concurrency
4684backlog authority and within the transportation deficiency
4685backlog area; and
4686     (b)  The amount of ad valorem taxes which would have been
4687produced by the rate upon which the tax is levied each year by
4688or for each taxing authority, exclusive of any debt service
4689millage, upon the total of the assessed value of the taxable
4690real property within the transportation deficiency concurrency
4691backlog area as shown on the most recent assessment roll used in
4692connection with the taxation of such property of each taxing
4693authority prior to the effective date of the ordinance funding
4694the trust fund.
4695     (6)  EXEMPTIONS.-
4696     (a)  The following public bodies or taxing authorities are
4697exempt from the provisions of this section:
4698     1.  A special district that levies ad valorem taxes on
4699taxable real property in more than one county.
4700     2.  A special district for which the sole available source
4701of revenue is the authority to levy ad valorem taxes at the time
4702an ordinance is adopted under this section. However, revenues or
4703aid that may be dispensed or appropriated to a district as
4704defined in s. 388.011 at the discretion of an entity other than
4705such district are shall not be deemed available.
4706     3.  A library district.
4707     4.  A neighborhood improvement district created under the
4708Safe Neighborhoods Act.
4709     5.  A metropolitan transportation authority.
4710     6.  A water management district created under s. 373.069.
4711     7.  A community redevelopment agency.
4712     (b)  A transportation development concurrency exemption
4713authority may also exempt from this section a special district
4714that levies ad valorem taxes within the transportation
4715deficiency concurrency backlog area pursuant to s.
4716163.387(2)(d).
4717     (7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4718of a transportation sufficiency concurrency backlog plan as a
4719part of the local government comprehensive plan, and the plan
4720going into effect, the area subject to the plan shall be deemed
4721to have achieved and maintained transportation level-of-service
4722standards, and to have met requirements for financial
4723feasibility for transportation facilities, and for the purpose
4724of proposed development transportation concurrency has been
4725satisfied. Proportionate fair-share mitigation shall be limited
4726to ensure that a development inside a transportation deficiency
4727concurrency backlog area is not responsible for the additional
4728costs of eliminating deficiencies backlogs.
4729     (8)  DISSOLUTION.-Upon completion of all transportation
4730concurrency backlog projects identified in the transportation
4731sufficiency plan and repayment or defeasance of all debt issued
4732to finance or refinance such projects, a transportation
4733development concurrency backlog authority shall be dissolved,
4734and its assets and liabilities transferred to the county or
4735municipality within which the authority is located. All
4736remaining assets of the authority must be used for
4737implementation of transportation projects within the
4738jurisdiction of the authority. The local government
4739comprehensive plan shall be amended to remove the transportation
4740concurrency backlog plan.
4741     Section 17.  Section 163.3184, Florida Statutes, is amended
4742to read:
4743     163.3184  Process for adoption of comprehensive plan or
4744plan amendment.-
4745     (1)  DEFINITIONS.-As used in this section, the term:
4746     (a)  "Affected person" includes the affected local
4747government; persons owning property, residing, or owning or
4748operating a business within the boundaries of the local
4749government whose plan is the subject of the review; owners of
4750real property abutting real property that is the subject of a
4751proposed change to a future land use map; and adjoining local
4752governments that can demonstrate that the plan or plan amendment
4753will produce substantial impacts on the increased need for
4754publicly funded infrastructure or substantial impacts on areas
4755designated for protection or special treatment within their
4756jurisdiction. Each person, other than an adjoining local
4757government, in order to qualify under this definition, shall
4758also have submitted oral or written comments, recommendations,
4759or objections to the local government during the period of time
4760beginning with the transmittal hearing for the plan or plan
4761amendment and ending with the adoption of the plan or plan
4762amendment.
4763     (b)  "In compliance" means consistent with the requirements
4764of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4765163.3248 with the state comprehensive plan, with the appropriate
4766strategic regional policy plan, and with chapter 9J-5, Florida
4767Administrative Code, where such rule is not inconsistent with
4768this part and with the principles for guiding development in
4769designated areas of critical state concern and with part III of
4770chapter 369, where applicable.
4771     (c)  "Reviewing agencies" means:
4772     1.  The state land planning agency;
4773     2.  The appropriate regional planning council;
4774     3.  The appropriate water management district;
4775     4.  The Department of Environmental Protection;
4776     5.  The Department of State;
4777     6.  The Department of Transportation;
4778     7.  In the case of plan amendments relating to public
4779schools, the Department of Education;
4780     8.  In the case of plans or plan amendments that affect a
4781military installation listed in s. 163.3175, the commanding
4782officer of the affected military installation;  
4783     9.  In the case of county plans and plan amendments, the
4784Fish and Wildlife Conservation Commission and the Department of
4785Agriculture and Consumer Services; and
4786     10.  In the case of municipal plans and plan amendments,
4787the county in which the municipality is located.
4788     (2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4789     (a)  Plan amendments adopted by local governments shall
4790follow the expedited state review process in subsection (3),
4791except as set forth in paragraphs (b) and (c).
4792     (b)  Plan amendments that qualify as small-scale
4793development amendments may follow the small-scale review process
4794in s. 163.3187.
4795     (c)  Plan amendments that are in an area of critical state
4796concern designated pursuant to s. 380.05; propose a rural land
4797stewardship area pursuant to s. 163.3248; propose a sector plan
4798pursuant to s. 163.3245; update a comprehensive plan based on an
4799evaluation and appraisal pursuant to s. 163.3191; or are new
4800plans for newly incorporated municipalities adopted pursuant to
4801s. 163.3167 shall follow the state coordinated review process in
4802subsection (4).
4803     (3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4804COMPREHENSIVE PLAN AMENDMENTS.-
4805     (a)  The process for amending a comprehensive plan
4806described in this subsection shall apply to all amendments
4807except as provided in paragraphs (2)(b) and (c) and shall be
4808applicable statewide.
4809     (b)1.  The local government, after the initial public
4810hearing held pursuant to subsection (11), shall transmit within
481110 days the amendment or amendments and appropriate supporting
4812data and analyses to the reviewing agencies. The local governing
4813body shall also transmit a copy of the amendments and supporting
4814data and analyses to any other local government or governmental
4815agency that has filed a written request with the governing body.
4816     2.  The reviewing agencies and any other local government
4817or governmental agency specified in subparagraph 1. may provide
4818comments regarding the amendment or amendments to the local
4819government. State agencies shall only comment on important state
4820resources and facilities that will be adversely impacted by the
4821amendment if adopted. Comments provided by state agencies shall
4822state with specificity how the plan amendment will adversely
4823impact an important state resource or facility and shall
4824identify measures the local government may take to eliminate,
4825reduce, or mitigate the adverse impacts. Such comments, if not
4826resolved, may result in a challenge by the state land planning
4827agency to the plan amendment. Agencies and local governments
4828must transmit their comments to the affected local government
4829such that they are received by the local government not later
4830than 30 days from the date on which the agency or government
4831received the amendment or amendments. Reviewing agencies shall
4832also send a copy of their comments to the state land planning
4833agency.
4834     3.  Comments to the local government from a regional
4835planning council, county, or municipality shall be limited as
4836follows:
4837     a.  The regional planning council review and comments shall
4838be limited to adverse effects on regional resources or
4839facilities identified in the strategic regional policy plan and
4840extrajurisdictional impacts that would be inconsistent with the
4841comprehensive plan of any affected local government within the
4842region. A regional planning council may not review and comment
4843on a proposed comprehensive plan amendment prepared by such
4844council unless the plan amendment has been changed by the local
4845government subsequent to the preparation of the plan amendment
4846by the regional planning council.
4847     b.  County comments shall be in the context of the
4848relationship and effect of the proposed plan amendments on the
4849county plan.
4850     c.  Municipal comments shall be in the context of the
4851relationship and effect of the proposed plan amendments on the
4852municipal plan.
4853     d. Military installation comments shall be provided in
4854accordance with s. 163.3175.
4855     4.  Comments to the local government from state agencies
4856shall be limited to the following subjects as they relate to
4857important state resources and facilities that will be adversely
4858impacted by the amendment if adopted:
4859     a.  The Department of Environmental Protection shall limit
4860its comments to the subjects of air and water pollution;
4861wetlands and other surface waters of the state; federal and
4862state-owned lands and interest in lands, including state parks,
4863greenways and trails, and conservation easements; solid waste;
4864water and wastewater treatment; and the Everglades ecosystem
4865restoration.
4866     b.  The Department of State shall limit its comments to the
4867subjects of historic and archeological resources.
4868     c.  The Department of Transportation shall limit its
4869comments to the subject of the strategic intermodal system.
4870     d.  The Fish and Wildlife Conservation Commission shall
4871limit its comments to subjects relating to fish and wildlife
4872habitat and listed species and their habitat.
4873     e.  The Department of Agriculture and Consumer Services
4874shall limit its comments to the subjects of agriculture,
4875forestry, and aquaculture issues.
4876     f.  The Department of Education shall limit its comments to
4877the subject of public school facilities.
4878     g.  The appropriate water management district shall limit
4879its comments to flood protection and floodplain management,
4880wetlands and other surface waters, and regional water supply.
4881     h.  The state land planning agency shall limit its comments
4882to important state resources and facilities outside the
4883jurisdiction of other commenting state agencies and may include
4884comments on countervailing planning policies and objectives
4885served by the plan amendment that should be balanced against
4886potential adverse impacts to important state resources and
4887facilities.
4888     (c)1.  The local government shall hold its second public
4889hearing, which shall be a hearing on whether to adopt one or
4890more comprehensive plan amendments pursuant to subsection (11).
4891If the local government fails, within 180 days after receipt of
4892agency comments, to hold the second public hearing, the
4893amendments shall be deemed withdrawn unless extended by
4894agreement with notice to the state land planning agency and any
4895affected person that provided comments on the amendment. The
4896180-day limitation does not apply to amendments processed
4897pursuant to s. 380.06.
4898     2.  All comprehensive plan amendments adopted by the
4899governing body, along with the supporting data and analysis,
4900shall be transmitted within 10 days after the second public
4901hearing to the state land planning agency and any other agency
4902or local government that provided timely comments under
4903subparagraph (b)2.
4904     3.  The state land planning agency shall notify the local
4905government of any deficiencies within 5 working days after
4906receipt of an amendment package. For purposes of completeness,
4907an amendment shall be deemed complete if it contains a full,
4908executed copy of the adoption ordinance or ordinances; in the
4909case of a text amendment, a full copy of the amended language in
4910legislative format with new words inserted in the text
4911underlined, and words deleted stricken with hyphens; in the case
4912of a future land use map amendment, a copy of the future land
4913use map clearly depicting the parcel, its existing future land
4914use designation, and its adopted designation; and a copy of any
4915data and analyses the local government deems appropriate.
4916     4.  An amendment adopted under this paragraph does not
4917become effective until 31 days after the state land planning
4918agency notifies the local government that the plan amendment
4919package is complete. If timely challenged, an amendment does not
4920become effective until the state land planning agency or the
4921Administration Commission enters a final order determining the
4922adopted amendment to be in compliance.
4923     (4)  STATE COORDINATED REVIEW PROCESS.-
4924     (a)(2)  Coordination.-The state land planning agency shall
4925only use the state coordinated review process described in this
4926subsection for review of comprehensive plans and plan amendments
4927described in paragraph (2)(c). Each comprehensive plan or plan
4928amendment proposed to be adopted pursuant to this subsection
4929part shall be transmitted, adopted, and reviewed in the manner
4930prescribed in this subsection section. The state land planning
4931agency shall have responsibility for plan review, coordination,
4932and the preparation and transmission of comments, pursuant to
4933this subsection section, to the local governing body responsible
4934for the comprehensive plan or plan amendment. The state land
4935planning agency shall maintain a single file concerning any
4936proposed or adopted plan amendment submitted by a local
4937government for any review under this section. Copies of all
4938correspondence, papers, notes, memoranda, and other documents
4939received or generated by the state land planning agency must be
4940placed in the appropriate file. Paper copies of all electronic
4941mail correspondence must be placed in the file. The file and its
4942contents must be available for public inspection and copying as
4943provided in chapter 119.
4944     (b)(3)  Local government transmittal of proposed plan or
4945amendment.-
4946     (a)  Each local governing body proposing a plan or plan
4947amendment specified in paragraph (2)(c) shall transmit the
4948complete proposed comprehensive plan or plan amendment to the
4949reviewing agencies state land planning agency, the appropriate
4950regional planning council and water management district, the
4951Department of Environmental Protection, the Department of State,
4952and the Department of Transportation, and, in the case of
4953municipal plans, to the appropriate county, and, in the case of
4954county plans, to the Fish and Wildlife Conservation Commission
4955and the Department of Agriculture and Consumer Services,
4956immediately following the first a public hearing pursuant to
4957subsection (11). The transmitted document shall clearly indicate
4958on the cover sheet that this plan amendment is subject to the
4959state coordinated review process of s. 163.3184(4)(15) as
4960specified in the state land planning agency's procedural rules.
4961The local governing body shall also transmit a copy of the
4962complete proposed comprehensive plan or plan amendment to any
4963other unit of local government or government agency in the state
4964that has filed a written request with the governing body for the
4965plan or plan amendment. The local government may request a
4966review by the state land planning agency pursuant to subsection
4967(6) at the time of the transmittal of an amendment.
4968     (b)  A local governing body shall not transmit portions of
4969a plan or plan amendment unless it has previously provided to
4970all state agencies designated by the state land planning agency
4971a complete copy of its adopted comprehensive plan pursuant to
4972subsection (7) and as specified in the agency's procedural
4973rules. In the case of comprehensive plan amendments, the local
4974governing body shall transmit to the state land planning agency,
4975the appropriate regional planning council and water management
4976district, the Department of Environmental Protection, the
4977Department of State, and the Department of Transportation, and,
4978in the case of municipal plans, to the appropriate county and,
4979in the case of county plans, to the Fish and Wildlife
4980Conservation Commission and the Department of Agriculture and
4981Consumer Services the materials specified in the state land
4982planning agency's procedural rules and, in cases in which the
4983plan amendment is a result of an evaluation and appraisal report
4984adopted pursuant to s. 163.3191, a copy of the evaluation and
4985appraisal report. Local governing bodies shall consolidate all
4986proposed plan amendments into a single submission for each of
4987the two plan amendment adoption dates during the calendar year
4988pursuant to s. 163.3187.
4989     (c)  A local government may adopt a proposed plan amendment
4990previously transmitted pursuant to this subsection, unless
4991review is requested or otherwise initiated pursuant to
4992subsection (6).
4993     (d)  In cases in which a local government transmits
4994multiple individual amendments that can be clearly and legally
4995separated and distinguished for the purpose of determining
4996whether to review the proposed amendment, and the state land
4997planning agency elects to review several or a portion of the
4998amendments and the local government chooses to immediately adopt
4999the remaining amendments not reviewed, the amendments
5000immediately adopted and any reviewed amendments that the local
5001government subsequently adopts together constitute one amendment
5002cycle in accordance with s. 163.3187(1).
5003     (e)  At the request of an applicant, a local government
5004shall consider an application for zoning changes that would be
5005required to properly enact the provisions of any proposed plan
5006amendment transmitted pursuant to this subsection. Zoning
5007changes approved by the local government are contingent upon the
5008comprehensive plan or plan amendment transmitted becoming
5009effective.
5010     (c)(4)  Reviewing agency comments INTERGOVERNMENTAL
5011REVIEW.-The governmental agencies specified in paragraph (b) may
5012paragraph (3)(a) shall provide comments regarding the plan or
5013plan amendments in accordance with subparagraphs (3)(b)2.-4.
5014However, comments on plans or plan amendments required to be
5015reviewed under the state coordinated review process shall be
5016sent to the state land planning agency within 30 days after
5017receipt by the state land planning agency of the complete
5018proposed plan or plan amendment from the local government. If
5019the state land planning agency comments on a plan or plan
5020amendment adopted under the state coordinated review process, it
5021shall provide comments according to paragraph (d). Any other
5022unit of local government or government agency specified in
5023paragraph (b) may provide comments to the state land planning
5024agency in accordance with subparagraphs (3)(b)2.-4. within 30
5025days after receipt by the state land planning agency of the
5026complete proposed plan or plan amendment. If the plan or plan
5027amendment includes or relates to the public school facilities
5028element pursuant to s. 163.3177(12), the state land planning
5029agency shall submit a copy to the Office of Educational
5030Facilities of the Commissioner of Education for review and
5031comment. The appropriate regional planning council shall also
5032provide its written comments to the state land planning agency
5033within 30 days after receipt by the state land planning agency
5034of the complete proposed plan amendment and shall specify any
5035objections, recommendations for modifications, and comments of
5036any other regional agencies to which the regional planning
5037council may have referred the proposed plan amendment. Written
5038comments submitted by the public shall be sent directly to the
5039local government within 30 days after notice of transmittal by
5040the local government of the proposed plan amendment will be
5041considered as if submitted by governmental agencies. All written
5042agency and public comments must be made part of the file
5043maintained under subsection (2).
5044     (5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
5045the regional planning council pursuant to subsection (4) shall
5046be limited to effects on regional resources or facilities
5047identified in the strategic regional policy plan and
5048extrajurisdictional impacts which would be inconsistent with the
5049comprehensive plan of the affected local government. However,
5050any inconsistency between a local plan or plan amendment and a
5051strategic regional policy plan must not be the sole basis for a
5052notice of intent to find a local plan or plan amendment not in
5053compliance with this act. A regional planning council shall not
5054review and comment on a proposed comprehensive plan it prepared
5055itself unless the plan has been changed by the local government
5056subsequent to the preparation of the plan by the regional
5057planning agency. The review of the county land planning agency
5058pursuant to subsection (4) shall be primarily in the context of
5059the relationship and effect of the proposed plan amendment on
5060any county comprehensive plan element. Any review by
5061municipalities will be primarily in the context of the
5062relationship and effect on the municipal plan.
5063     (d)(6)  State land planning agency review.-
5064     (a)  The state land planning agency shall review a proposed
5065plan amendment upon request of a regional planning council,
5066affected person, or local government transmitting the plan
5067amendment. The request from the regional planning council or
5068affected person must be received within 30 days after
5069transmittal of the proposed plan amendment pursuant to
5070subsection (3). A regional planning council or affected person
5071requesting a review shall do so by submitting a written request
5072to the agency with a notice of the request to the local
5073government and any other person who has requested notice.
5074     (b)  The state land planning agency may review any proposed
5075plan amendment regardless of whether a request for review has
5076been made, if the agency gives notice to the local government,
5077and any other person who has requested notice, of its intention
5078to conduct such a review within 35 days after receipt of the
5079complete proposed plan amendment.
5080     1.(c)  The state land planning agency shall establish by
5081rule a schedule for receipt of comments from the various
5082government agencies, as well as written public comments,
5083pursuant to subsection (4). If the state land planning agency
5084elects to review a plan or plan the amendment or the agency is
5085required to review the amendment as specified in paragraph
5086(2)(c)(a), the agency shall issue a report giving its
5087objections, recommendations, and comments regarding the proposed
5088plan or plan amendment within 60 days after receipt of the
5089complete proposed plan or plan amendment by the state land
5090planning agency. Notwithstanding the limitation on comments in
5091sub-subparagraph (3)(b)4.g., the state land planning agency may
5092make objections, recommendations, and comments in its report
5093regarding whether the plan or plan amendment is in compliance
5094and whether the plan or plan amendment will adversely impact
5095important state resources and facilities. Any objection
5096regarding an important state resource or facility that will be
5097adversely impacted by the adopted plan or plan amendment shall
5098also state with specificity how the plan or plan amendment will
5099adversely impact the important state resource or facility and
5100shall identify measures the local government may take to
5101eliminate, reduce, or mitigate the adverse impacts. When a
5102federal, state, or regional agency has implemented a permitting
5103program, the state land planning agency shall not require a
5104local government is not required to duplicate or exceed that
5105permitting program in its comprehensive plan or to implement
5106such a permitting program in its land development regulations.
5107This subparagraph does not Nothing contained herein shall
5108prohibit the state land planning agency in conducting its review
5109of local plans or plan amendments from making objections,
5110recommendations, and comments or making compliance
5111determinations regarding densities and intensities consistent
5112with the provisions of this part. In preparing its comments, the
5113state land planning agency shall only base its considerations on
5114written, and not oral, comments, from any source.
5115     2.(d)  The state land planning agency review shall identify
5116all written communications with the agency regarding the
5117proposed plan amendment. If the state land planning agency does
5118not issue such a review, it shall identify in writing to the
5119local government all written communications received 30 days
5120after transmittal. The written identification must include a
5121list of all documents received or generated by the agency, which
5122list must be of sufficient specificity to enable the documents
5123to be identified and copies requested, if desired, and the name
5124of the person to be contacted to request copies of any
5125identified document. The list of documents must be made a part
5126of the public records of the state land planning agency.
5127     (e)(7)  Local government review of comments; adoption of
5128plan or amendments and transmittal.-
5129     1.(a)  The local government shall review the report written
5130comments submitted to it by the state land planning agency, if
5131any, and written comments submitted to it by any other person,
5132agency, or government. Any comments, recommendations, or
5133objections and any reply to them shall be public documents, a
5134part of the permanent record in the matter, and admissible in
5135any proceeding in which the comprehensive plan or plan amendment
5136may be at issue. The local government, upon receipt of the
5137report written comments from the state land planning agency,
5138shall hold its second public hearing, which shall be a hearing
5139to determine whether to adopt the comprehensive plan or one or
5140more comprehensive plan amendments pursuant to subsection (11).
5141If the local government fails to hold the second hearing within
5142180 days after receipt of the state land planning agency's
5143report, the amendments shall be deemed withdrawn unless extended
5144by agreement with notice to the state land planning agency and
5145any affected person that provided comments on the amendment. The
5146180-day limitation does not apply to amendments processed
5147pursuant to s. 380.06.
5148     2.  All comprehensive plan amendments adopted by the
5149governing body, along with the supporting data and analysis,
5150shall be transmitted within 10 days after the second public
5151hearing to the state land planning agency and any other agency
5152or local government that provided timely comments under
5153paragraph (c).
5154     3.  The state land planning agency shall notify the local
5155government of any deficiencies within 5 working days after
5156receipt of a plan or plan amendment package. For purposes of
5157completeness, a plan or plan amendment shall be deemed complete
5158if it contains a full, executed copy of the adoption ordinance
5159or ordinances; in the case of a text amendment, a full copy of
5160the amended language in legislative format with new words
5161inserted in the text underlined, and words deleted stricken with
5162hyphens; in the case of a future land use map amendment, a copy
5163of the future land use map clearly depicting the parcel, its
5164existing future land use designation, and its adopted
5165designation; and a copy of any data and analyses the local
5166government deems appropriate.
5167     4.  After the state land planning agency makes a
5168determination of completeness regarding the adopted plan or plan
5169amendment, the state land planning agency shall have 45 days to
5170determine if the plan or plan amendment is in compliance with
5171this act. Unless the plan or plan amendment is substantially
5172changed from the one commented on, the state land planning
5173agency's compliance determination shall be limited to objections
5174raised in the objections, recommendations, and comments report.
5175During the period provided for in this subparagraph, the state
5176land planning agency shall issue, through a senior administrator
5177or the secretary, a notice of intent to find that the plan or
5178plan amendment is in compliance or not in compliance. The state
5179land planning agency shall post a copy of the notice of intent
5180on the agency's Internet site. Publication by the state land
5181planning agency of the notice of intent on the state land
5182planning agency's Internet site shall be prima facie evidence of
5183compliance with the publication requirements of this
5184subparagraph.
5185     5.  A plan or plan amendment adopted under the state
5186coordinated review process shall go into effect pursuant to the
5187state land planning agency's notice of intent. If timely
5188challenged, an amendment does not become effective until the
5189state land planning agency or the Administration Commission
5190enters a final order determining the adopted amendment to be in
5191compliance.
5192     (5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5193AMENDMENTS.-
5194     (a)  Any affected person as defined in paragraph (1)(a) may
5195file a petition with the Division of Administrative Hearings
5196pursuant to ss. 120.569 and 120.57, with a copy served on the
5197affected local government, to request a formal hearing to
5198challenge whether the plan or plan amendments are in compliance
5199as defined in paragraph (1)(b). This petition must be filed with
5200the division within 30 days after the local government adopts
5201the amendment. The state land planning agency may not intervene
5202in a proceeding initiated by an affected person.
5203     (b)  The state land planning agency may file a petition
5204with the Division of Administrative Hearings pursuant to ss.
5205120.569 and 120.57, with a copy served on the affected local
5206government, to request a formal hearing to challenge whether the
5207plan or plan amendment is in compliance as defined in paragraph
5208(1)(b). The state land planning agency's petition must clearly
5209state the reasons for the challenge. This petition must be filed
5210with the division within 30 days after the state land planning
5211agency notifies the local government that the plan amendment
5212package is complete according to subparagraph (3)(c)3.
5213     1.  The state land planning agency's challenge to plan
5214amendments adopted under the expedited state review process
5215shall be limited to the comments provided by the reviewing
5216agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5217determination by the state land planning agency that an
5218important state resource or facility will be adversely impacted
5219by the adopted plan amendment. The state land planning agency's
5220petition shall state with specificity how the plan amendment
5221will adversely impact the important state resource or facility.
5222The state land planning agency may challenge a plan amendment
5223that has substantially changed from the version on which the
5224agencies provided comments but only upon a determination by the
5225state land planning agency that an important state resource or
5226facility will be adversely impacted.
5227     2.  If the state land planning agency issues a notice of
5228intent to find the comprehensive plan or plan amendment not in
5229compliance with this act, the notice of intent shall be
5230forwarded to the Division of Administrative Hearings of the
5231Department of Management Services, which shall conduct a
5232proceeding under ss. 120.569 and 120.57 in the county of and
5233convenient to the affected local jurisdiction. The parties to
5234the proceeding shall be the state land planning agency, the
5235affected local government, and any affected person who
5236intervenes. No new issue may be alleged as a reason to find a
5237plan or plan amendment not in compliance in an administrative
5238pleading filed more than 21 days after publication of notice
5239unless the party seeking that issue establishes good cause for
5240not alleging the issue within that time period. Good cause does
5241not include excusable neglect.
5242     (c)  An administrative law judge shall hold a hearing in
5243the affected local jurisdiction on whether the plan or plan
5244amendment is in compliance.
5245     1.  In challenges filed by an affected person, the
5246comprehensive plan or plan amendment shall be determined to be
5247in compliance if the local government's determination of
5248compliance is fairly debatable.
5249     2.a.  In challenges filed by the state land planning
5250agency, the local government's determination that the
5251comprehensive plan or plan amendment is in compliance is
5252presumed to be correct, and the local government's determination
5253shall be sustained unless it is shown by a preponderance of the
5254evidence that the comprehensive plan or plan amendment is not in
5255compliance.
5256     b.  In challenges filed by the state land planning agency,
5257the local government's determination that elements of its plan
5258are related to and consistent with each other shall be sustained
5259if the determination is fairly debatable.
5260     3.  In challenges filed by the state land planning agency
5261that require a determination by the agency that an important
5262state resource or facility will be adversely impacted by the
5263adopted plan or plan amendment, the local government may contest
5264the agency's determination of an important state resource or
5265facility. The state land planning agency shall prove its
5266determination by clear and convincing evidence.
5267     (d)  If the administrative law judge recommends that the
5268amendment be found not in compliance, the judge shall submit the
5269recommended order to the Administration Commission for final
5270agency action. The Administration Commission shall enter a final
5271order within 45 days after its receipt of the recommended order.
5272     (e)  If the administrative law judge recommends that the
5273amendment be found in compliance, the judge shall submit the
5274recommended order to the state land planning agency.
5275     1.  If the state land planning agency determines that the
5276plan amendment should be found not in compliance, the agency
5277shall refer, within 30 days after receipt of the recommended
5278order, the recommended order and its determination to the
5279Administration Commission for final agency action.
5280     2.  If the state land planning agency determines that the
5281plan amendment should be found in compliance, the agency shall
5282enter its final order not later than 30 days after receipt of
5283the recommended order.
5284     (f)  Parties to a proceeding under this subsection may
5285enter into compliance agreements using the process in subsection
5286(6).
5287     (6)  COMPLIANCE AGREEMENT.-
5288     (a)  At any time after the filing of a challenge, the state
5289land planning agency and the local government may voluntarily
5290enter into a compliance agreement to resolve one or more of the
5291issues raised in the proceedings. Affected persons who have
5292initiated a formal proceeding or have intervened in a formal
5293proceeding may also enter into a compliance agreement with the
5294local government. All parties granted intervenor status shall be
5295provided reasonable notice of the commencement of a compliance
5296agreement negotiation process and a reasonable opportunity to
5297participate in such negotiation process. Negotiation meetings
5298with local governments or intervenors shall be open to the
5299public. The state land planning agency shall provide each party
5300granted intervenor status with a copy of the compliance
5301agreement within 10 days after the agreement is executed. The
5302compliance agreement shall list each portion of the plan or plan
5303amendment that has been challenged, and shall specify remedial
5304actions that the local government has agreed to complete within
5305a specified time in order to resolve the challenge, including
5306adoption of all necessary plan amendments. The compliance
5307agreement may also establish monitoring requirements and
5308incentives to ensure that the conditions of the compliance
5309agreement are met.
5310     (b)  Upon the filing of a compliance agreement executed by
5311the parties to a challenge and the local government with the
5312Division of Administrative Hearings, any administrative
5313proceeding under ss. 120.569 and 120.57 regarding the plan or
5314plan amendment covered by the compliance agreement shall be
5315stayed.
5316     (c)  Before its execution of a compliance agreement, the
5317local government must approve the compliance agreement at a
5318public hearing advertised at least 10 days before the public
5319hearing in a newspaper of general circulation in the area in
5320accordance with the advertisement requirements of chapter 125 or
5321chapter 166, as applicable.
5322     (d)  The local government shall hold a single public
5323hearing for adopting remedial amendments.
5324     (e)  For challenges to amendments adopted under the
5325expedited review process, if the local government adopts a
5326comprehensive plan amendment pursuant to a compliance agreement,
5327an affected person or the state land planning agency may file a
5328revised challenge with the Division of Administrative Hearings
5329within 15 days after the adoption of the remedial amendment.
5330     (f)  For challenges to amendments adopted under the state
5331coordinated process, the state land planning agency, upon
5332receipt of a plan or plan amendment adopted pursuant to a
5333compliance agreement, shall issue a cumulative notice of intent
5334addressing both the remedial amendment and the plan or plan
5335amendment that was the subject of the agreement.
5336     1.  If the local government adopts a comprehensive plan or
5337plan amendment pursuant to a compliance agreement and a notice
5338of intent to find the plan amendment in compliance is issued,
5339the state land planning agency shall forward the notice of
5340intent to the Division of Administrative Hearings and the
5341administrative law judge shall realign the parties in the
5342pending proceeding under ss. 120.569 and 120.57, which shall
5343thereafter be governed by the process contained in paragraph
5344(5)(a) and subparagraph (5)(c)1., including provisions relating
5345to challenges by an affected person, burden of proof, and issues
5346of a recommended order and a final order. Parties to the
5347original proceeding at the time of realignment may continue as
5348parties without being required to file additional pleadings to
5349initiate a proceeding, but may timely amend their pleadings to
5350raise any challenge to the amendment that is the subject of the
5351cumulative notice of intent, and must otherwise conform to the
5352rules of procedure of the Division of Administrative Hearings.
5353Any affected person not a party to the realigned proceeding may
5354challenge the plan amendment that is the subject of the
5355cumulative notice of intent by filing a petition with the agency
5356as provided in subsection (5). The agency shall forward the
5357petition filed by the affected person not a party to the
5358realigned proceeding to the Division of Administrative Hearings
5359for consolidation with the realigned proceeding. If the
5360cumulative notice of intent is not challenged, the state land
5361planning agency shall request that the Division of
5362Administrative Hearings relinquish jurisdiction to the state
5363land planning agency for issuance of a final order.
5364     2.  If the local government adopts a comprehensive plan
5365amendment pursuant to a compliance agreement and a notice of
5366intent is issued that finds the plan amendment not in
5367compliance, the state land planning agency shall forward the
5368notice of intent to the Division of Administrative Hearings,
5369which shall consolidate the proceeding with the pending
5370proceeding and immediately set a date for a hearing in the
5371pending proceeding under ss. 120.569 and 120.57. Affected
5372persons who are not a party to the underlying proceeding under
5373ss. 120.569 and 120.57 may challenge the plan amendment adopted
5374pursuant to the compliance agreement by filing a petition
5375pursuant to paragraph (5)(a).
5376     (g)  This subsection does not prohibit a local government
5377from amending portions of its comprehensive plan other than
5378those that are the subject of a challenge. However, such
5379amendments to the plan may not be inconsistent with the
5380compliance agreement.
5381     (h)  This subsection does not require settlement by any
5382party against its will or preclude the use of other informal
5383dispute resolution methods in the course of or in addition to
5384the method described in this subsection.
5385     (7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5386     (a)  At any time after the matter has been forwarded to the
5387Division of Administrative Hearings, the local government
5388proposing the amendment may demand formal mediation or the local
5389government proposing the amendment or an affected person who is
5390a party to the proceeding may demand informal mediation or
5391expeditious resolution of the amendment proceedings by serving
5392written notice on the state land planning agency if a party to
5393the proceeding, all other parties to the proceeding, and the
5394administrative law judge.
5395     (b)  Upon receipt of a notice pursuant to paragraph (a),
5396the administrative law judge shall set the matter for final
5397hearing no more than 30 days after receipt of the notice. Once a
5398final hearing has been set, no continuance in the hearing, and
5399no additional time for post-hearing submittals, may be granted
5400without the written agreement of the parties absent a finding by
5401the administrative law judge of extraordinary circumstances.
5402Extraordinary circumstances do not include matters relating to
5403workload or need for additional time for preparation,
5404negotiation, or mediation.
5405     (c)  Absent a showing of extraordinary circumstances, the
5406administrative law judge shall issue a recommended order, in a
5407case proceeding under subsection (5), within 30 days after
5408filing of the transcript, unless the parties agree in writing to
5409a longer time.
5410     (d)  Absent a showing of extraordinary circumstances, the
5411Administration Commission shall issue a final order, in a case
5412proceeding under subsection (5), within 45 days after the
5413issuance of the recommended order, unless the parties agree in
5414writing to a longer time. have 120 days to adopt or adopt with
5415changes the proposed comprehensive plan or s. 163.3191 plan
5416amendments. In the case of comprehensive plan amendments other
5417than those proposed pursuant to s. 163.3191, the local
5418government shall have 60 days to adopt the amendment, adopt the
5419amendment with changes, or determine that it will not adopt the
5420amendment. The adoption of the proposed plan or plan amendment
5421or the determination not to adopt a plan amendment, other than a
5422plan amendment proposed pursuant to s. 163.3191, shall be made
5423in the course of a public hearing pursuant to subsection (15).
5424The local government shall transmit the complete adopted
5425comprehensive plan or plan amendment, including the names and
5426addresses of persons compiled pursuant to paragraph (15)(c), to
5427the state land planning agency as specified in the agency's
5428procedural rules within 10 working days after adoption. The
5429local governing body shall also transmit a copy of the adopted
5430comprehensive plan or plan amendment to the regional planning
5431agency and to any other unit of local government or governmental
5432agency in the state that has filed a written request with the
5433governing body for a copy of the plan or plan amendment.
5434     (b)  If the adopted plan amendment is unchanged from the
5435proposed plan amendment transmitted pursuant to subsection (3)
5436and an affected person as defined in paragraph (1)(a) did not
5437raise any objection, the state land planning agency did not
5438review the proposed plan amendment, and the state land planning
5439agency did not raise any objections during its review pursuant
5440to subsection (6), the local government may state in the
5441transmittal letter that the plan amendment is unchanged and was
5442not the subject of objections.
5443     (8)  NOTICE OF INTENT.-
5444     (a)  If the transmittal letter correctly states that the
5445plan amendment is unchanged and was not the subject of review or
5446objections pursuant to paragraph (7)(b), the state land planning
5447agency has 20 days after receipt of the transmittal letter
5448within which to issue a notice of intent that the plan amendment
5449is in compliance.
5450     (b)  Except as provided in paragraph (a) or in s.
5451163.3187(3), the state land planning agency, upon receipt of a
5452local government's complete adopted comprehensive plan or plan
5453amendment, shall have 45 days for review and to determine if the
5454plan or plan amendment is in compliance with this act, unless
5455the amendment is the result of a compliance agreement entered
5456into under subsection (16), in which case the time period for
5457review and determination shall be 30 days. If review was not
5458conducted under subsection (6), the agency's determination must
5459be based upon the plan amendment as adopted. If review was
5460conducted under subsection (6), the agency's determination of
5461compliance must be based only upon one or both of the following:
5462     1.  The state land planning agency's written comments to
5463the local government pursuant to subsection (6); or
5464     2.  Any changes made by the local government to the
5465comprehensive plan or plan amendment as adopted.
5466     (c)1.  During the time period provided for in this
5467subsection, the state land planning agency shall issue, through
5468a senior administrator or the secretary, as specified in the
5469agency's procedural rules, a notice of intent to find that the
5470plan or plan amendment is in compliance or not in compliance. A
5471notice of intent shall be issued by publication in the manner
5472provided by this paragraph and by mailing a copy to the local
5473government. The advertisement shall be placed in that portion of
5474the newspaper where legal notices appear. The advertisement
5475shall be published in a newspaper that meets the size and
5476circulation requirements set forth in paragraph (15)(e) and that
5477has been designated in writing by the affected local government
5478at the time of transmittal of the amendment. Publication by the
5479state land planning agency of a notice of intent in the
5480newspaper designated by the local government shall be prima
5481facie evidence of compliance with the publication requirements
5482of this section. The state land planning agency shall post a
5483copy of the notice of intent on the agency's Internet site. The
5484agency shall, no later than the date the notice of intent is
5485transmitted to the newspaper, send by regular mail a courtesy
5486informational statement to persons who provide their names and
5487addresses to the local government at the transmittal hearing or
5488at the adoption hearing where the local government has provided
5489the names and addresses of such persons to the department at the
5490time of transmittal of the adopted amendment. The informational
5491statements shall include the name of the newspaper in which the
5492notice of intent will appear, the approximate date of
5493publication, the ordinance number of the plan or plan amendment,
5494and a statement that affected persons have 21 days after the
5495actual date of publication of the notice to file a petition.
5496     2.  A local government that has an Internet site shall post
5497a copy of the state land planning agency's notice of intent on
5498the site within 5 days after receipt of the mailed copy of the
5499agency's notice of intent.
5500     (9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5501     (a)  If the state land planning agency issues a notice of
5502intent to find that the comprehensive plan or plan amendment
5503transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5504or s. 163.3191 is in compliance with this act, any affected
5505person may file a petition with the agency pursuant to ss.
5506120.569 and 120.57 within 21 days after the publication of
5507notice. In this proceeding, the local plan or plan amendment
5508shall be determined to be in compliance if the local
5509government's determination of compliance is fairly debatable.
5510     (b)  The hearing shall be conducted by an administrative
5511law judge of the Division of Administrative Hearings of the
5512Department of Management Services, who shall hold the hearing in
5513the county of and convenient to the affected local jurisdiction
5514and submit a recommended order to the state land planning
5515agency. The state land planning agency shall allow for the
5516filing of exceptions to the recommended order and shall issue a
5517final order after receipt of the recommended order if the state
5518land planning agency determines that the plan or plan amendment
5519is in compliance. If the state land planning agency determines
5520that the plan or plan amendment is not in compliance, the agency
5521shall submit the recommended order to the Administration
5522Commission for final agency action.
5523     (10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5524COMPLIANCE.-
5525     (a)  If the state land planning agency issues a notice of
5526intent to find the comprehensive plan or plan amendment not in
5527compliance with this act, the notice of intent shall be
5528forwarded to the Division of Administrative Hearings of the
5529Department of Management Services, which shall conduct a
5530proceeding under ss. 120.569 and 120.57 in the county of and
5531convenient to the affected local jurisdiction. The parties to
5532the proceeding shall be the state land planning agency, the
5533affected local government, and any affected person who
5534intervenes. No new issue may be alleged as a reason to find a
5535plan or plan amendment not in compliance in an administrative
5536pleading filed more than 21 days after publication of notice
5537unless the party seeking that issue establishes good cause for
5538not alleging the issue within that time period. Good cause shall
5539not include excusable neglect. In the proceeding, the local
5540government's determination that the comprehensive plan or plan
5541amendment is in compliance is presumed to be correct. The local
5542government's determination shall be sustained unless it is shown
5543by a preponderance of the evidence that the comprehensive plan
5544or plan amendment is not in compliance. The local government's
5545determination that elements of its plans are related to and
5546consistent with each other shall be sustained if the
5547determination is fairly debatable.
5548     (b)  The administrative law judge assigned by the division
5549shall submit a recommended order to the Administration
5550Commission for final agency action.
5551     (c)  Prior to the hearing, the state land planning agency
5552shall afford an opportunity to mediate or otherwise resolve the
5553dispute. If a party to the proceeding requests mediation or
5554other alternative dispute resolution, the hearing may not be
5555held until the state land planning agency advises the
5556administrative law judge in writing of the results of the
5557mediation or other alternative dispute resolution. However, the
5558hearing may not be delayed for longer than 90 days for mediation
5559or other alternative dispute resolution unless a longer delay is
5560agreed to by the parties to the proceeding. The costs of the
5561mediation or other alternative dispute resolution shall be borne
5562equally by all of the parties to the proceeding.
5563     (8)(11)  ADMINISTRATION COMMISSION.-
5564     (a)  If the Administration Commission, upon a hearing
5565pursuant to subsection (5)(9) or subsection (10), finds that the
5566comprehensive plan or plan amendment is not in compliance with
5567this act, the commission shall specify remedial actions that
5568which would bring the comprehensive plan or plan amendment into
5569compliance.
5570     (b)  The commission may specify the sanctions provided in
5571subparagraphs 1. and 2. to which the local government will be
5572subject if it elects to make the amendment effective
5573notwithstanding the determination of noncompliance.
5574     1.  The commission may direct state agencies not to provide
5575funds to increase the capacity of roads, bridges, or water and
5576sewer systems within the boundaries of those local governmental
5577entities which have comprehensive plans or plan elements that
5578are determined not to be in compliance. The commission order may
5579also specify that the local government is shall not be eligible
5580for grants administered under the following programs:
5581     a.1.  The Florida Small Cities Community Development Block
5582Grant Program, as authorized by ss. 290.0401-290.049.
5583     b.2.  The Florida Recreation Development Assistance
5584Program, as authorized by chapter 375.
5585     c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5586218.61 and chapter 212, to the extent not pledged to pay back
5587bonds.
5588     2.(b)  If the local government is one which is required to
5589include a coastal management element in its comprehensive plan
5590pursuant to s. 163.3177(6)(g), the commission order may also
5591specify that the local government is not eligible for funding
5592pursuant to s. 161.091. The commission order may also specify
5593that the fact that the coastal management element has been
5594determined to be not in compliance shall be a consideration when
5595the department considers permits under s. 161.053 and when the
5596Board of Trustees of the Internal Improvement Trust Fund
5597considers whether to sell, convey any interest in, or lease any
5598sovereignty lands or submerged lands until the element is
5599brought into compliance.
5600     3.(c)  The sanctions provided by subparagraphs 1. and 2. do
5601paragraphs (a) and (b) shall not apply to a local government
5602regarding any plan amendment, except for plan amendments that
5603amend plans that have not been finally determined to be in
5604compliance with this part, and except as provided in paragraph
5605(b) s. 163.3189(2) or s. 163.3191(11).
5606     (9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5607party constitutes a certificate that he or she has read the
5608pleading, motion, or other paper and that, to the best of his or
5609her knowledge, information, and belief formed after reasonable
5610inquiry, it is not interposed for any improper purpose, such as
5611to harass or to cause unnecessary delay, or for economic
5612advantage, competitive reasons, or frivolous purposes or
5613needless increase in the cost of litigation. If a pleading,
5614motion, or other paper is signed in violation of these
5615requirements, the administrative law judge, upon motion or his
5616or her own initiative, shall impose upon the person who signed
5617it, a represented party, or both, an appropriate sanction, which
5618may include an order to pay to the other party or parties the
5619amount of reasonable expenses incurred because of the filing of
5620the pleading, motion, or other paper, including a reasonable
5621attorney's fee.
5622     (10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5623section shall be the sole proceeding or action for a
5624determination of whether a local government's plan, element, or
5625amendment is in compliance with this act.
5626     (14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5627government comprehensive plan or plan amendment which is
5628applicable to a designated area of critical state concern shall
5629be effective until a final order is issued finding the plan or
5630amendment to be in compliance as defined in this section.
5631     (11)(15)  PUBLIC HEARINGS.-
5632     (a)  The procedure for transmittal of a complete proposed
5633comprehensive plan or plan amendment pursuant to subparagraph
5634subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
5635comprehensive plan or plan amendment pursuant to
5636subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5637affirmative vote of not less than a majority of the members of
5638the governing body present at the hearing. The adoption of a
5639comprehensive plan or plan amendment shall be by ordinance. For
5640the purposes of transmitting or adopting a comprehensive plan or
5641plan amendment, the notice requirements in chapters 125 and 166
5642are superseded by this subsection, except as provided in this
5643part.
5644     (b)  The local governing body shall hold at least two
5645advertised public hearings on the proposed comprehensive plan or
5646plan amendment as follows:
5647     1.  The first public hearing shall be held at the
5648transmittal stage pursuant to subsection (3). It shall be held
5649on a weekday at least 7 days after the day that the first
5650advertisement is published pursuant to the requirements of
5651chapter 125 or chapter 166.
5652     2.  The second public hearing shall be held at the adoption
5653stage pursuant to subsection (7). It shall be held on a weekday
5654at least 5 days after the day that the second advertisement is
5655published pursuant to the requirements of chapter 125 or chapter
5656166.
5657     (c)  Nothing in this part is intended to prohibit or limit
5658the authority of local governments to require a person
5659requesting an amendment to pay some or all of the cost of the
5660public notice.
5661     (12) CONCURRENT ZONING.-At the request of an applicant, a
5662local government shall consider an application for zoning
5663changes that would be required to properly enact any proposed
5664plan amendment transmitted pursuant to this subsection. Zoning
5665changes approved by the local government are contingent upon the
5666comprehensive plan or plan amendment transmitted becoming
5667effective.
5668     (13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5669government comprehensive plan or plan amendment that is
5670applicable to a designated area of critical state concern shall
5671be effective until a final order is issued finding the plan or
5672amendment to be in compliance as defined in paragraph (1)(b).
5673     (c)  The local government shall provide a sign-in form at
5674the transmittal hearing and at the adoption hearing for persons
5675to provide their names and mailing addresses. The sign-in form
5676must advise that any person providing the requested information
5677will receive a courtesy informational statement concerning
5678publications of the state land planning agency's notice of
5679intent. The local government shall add to the sign-in form the
5680name and address of any person who submits written comments
5681concerning the proposed plan or plan amendment during the time
5682period between the commencement of the transmittal hearing and
5683the end of the adoption hearing. It is the responsibility of the
5684person completing the form or providing written comments to
5685accurately, completely, and legibly provide all information
5686needed in order to receive the courtesy informational statement.
5687     (d)  The agency shall provide a model sign-in form for
5688providing the list to the agency which may be used by the local
5689government to satisfy the requirements of this subsection.
5690     (e)  If the proposed comprehensive plan or plan amendment
5691changes the actual list of permitted, conditional, or prohibited
5692uses within a future land use category or changes the actual
5693future land use map designation of a parcel or parcels of land,
5694the required advertisements shall be in the format prescribed by
5695s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5696municipality.
5697     (16)  COMPLIANCE AGREEMENTS.-
5698     (a)  At any time following the issuance of a notice of
5699intent to find a comprehensive plan or plan amendment not in
5700compliance with this part or after the initiation of a hearing
5701pursuant to subsection (9), the state land planning agency and
5702the local government may voluntarily enter into a compliance
5703agreement to resolve one or more of the issues raised in the
5704proceedings. Affected persons who have initiated a formal
5705proceeding or have intervened in a formal proceeding may also
5706enter into the compliance agreement. All parties granted
5707intervenor status shall be provided reasonable notice of the
5708commencement of a compliance agreement negotiation process and a
5709reasonable opportunity to participate in such negotiation
5710process. Negotiation meetings with local governments or
5711intervenors shall be open to the public. The state land planning
5712agency shall provide each party granted intervenor status with a
5713copy of the compliance agreement within 10 days after the
5714agreement is executed. The compliance agreement shall list each
5715portion of the plan or plan amendment which is not in
5716compliance, and shall specify remedial actions which the local
5717government must complete within a specified time in order to
5718bring the plan or plan amendment into compliance, including
5719adoption of all necessary plan amendments. The compliance
5720agreement may also establish monitoring requirements and
5721incentives to ensure that the conditions of the compliance
5722agreement are met.
5723     (b)  Upon filing by the state land planning agency of a
5724compliance agreement executed by the agency and the local
5725government with the Division of Administrative Hearings, any
5726administrative proceeding under ss. 120.569 and 120.57 regarding
5727the plan or plan amendment covered by the compliance agreement
5728shall be stayed.
5729     (c)  Prior to its execution of a compliance agreement, the
5730local government must approve the compliance agreement at a
5731public hearing advertised at least 10 days before the public
5732hearing in a newspaper of general circulation in the area in
5733accordance with the advertisement requirements of subsection
5734(15).
5735     (d)  A local government may adopt a plan amendment pursuant
5736to a compliance agreement in accordance with the requirements of
5737paragraph (15)(a). The plan amendment shall be exempt from the
5738requirements of subsections (2)-(7). The local government shall
5739hold a single adoption public hearing pursuant to the
5740requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5741Within 10 working days after adoption of a plan amendment, the
5742local government shall transmit the amendment to the state land
5743planning agency as specified in the agency's procedural rules,
5744and shall submit one copy to the regional planning agency and to
5745any other unit of local government or government agency in the
5746state that has filed a written request with the governing body
5747for a copy of the plan amendment, and one copy to any party to
5748the proceeding under ss. 120.569 and 120.57 granted intervenor
5749status.
5750     (e)  The state land planning agency, upon receipt of a plan
5751amendment adopted pursuant to a compliance agreement, shall
5752issue a cumulative notice of intent addressing both the
5753compliance agreement amendment and the plan or plan amendment
5754that was the subject of the agreement, in accordance with
5755subsection (8).
5756     (f)1.  If the local government adopts a comprehensive plan
5757amendment pursuant to a compliance agreement and a notice of
5758intent to find the plan amendment in compliance is issued, the
5759state land planning agency shall forward the notice of intent to
5760the Division of Administrative Hearings and the administrative
5761law judge shall realign the parties in the pending proceeding
5762under ss. 120.569 and 120.57, which shall thereafter be governed
5763by the process contained in paragraphs (9)(a) and (b), including
5764provisions relating to challenges by an affected person, burden
5765of proof, and issues of a recommended order and a final order,
5766except as provided in subparagraph 2. Parties to the original
5767proceeding at the time of realignment may continue as parties
5768without being required to file additional pleadings to initiate
5769a proceeding, but may timely amend their pleadings to raise any
5770challenge to the amendment which is the subject of the
5771cumulative notice of intent, and must otherwise conform to the
5772rules of procedure of the Division of Administrative Hearings.
5773Any affected person not a party to the realigned proceeding may
5774challenge the plan amendment which is the subject of the
5775cumulative notice of intent by filing a petition with the agency
5776as provided in subsection (9). The agency shall forward the
5777petition filed by the affected person not a party to the
5778realigned proceeding to the Division of Administrative Hearings
5779for consolidation with the realigned proceeding.
5780     2.  If any of the issues raised by the state land planning
5781agency in the original subsection (10) proceeding are not
5782resolved by the compliance agreement amendments, any intervenor
5783in the original subsection (10) proceeding may require those
5784issues to be addressed in the pending consolidated realigned
5785proceeding under ss. 120.569 and 120.57. As to those unresolved
5786issues, the burden of proof shall be governed by subsection
5787(10).
5788     3.  If the local government adopts a comprehensive plan
5789amendment pursuant to a compliance agreement and a notice of
5790intent to find the plan amendment not in compliance is issued,
5791the state land planning agency shall forward the notice of
5792intent to the Division of Administrative Hearings, which shall
5793consolidate the proceeding with the pending proceeding and
5794immediately set a date for hearing in the pending proceeding
5795under ss. 120.569 and 120.57. Affected persons who are not a
5796party to the underlying proceeding under ss. 120.569 and 120.57
5797may challenge the plan amendment adopted pursuant to the
5798compliance agreement by filing a petition pursuant to subsection
5799(10).
5800     (g)  If the local government fails to adopt a comprehensive
5801plan amendment pursuant to a compliance agreement, the state
5802land planning agency shall notify the Division of Administrative
5803Hearings, which shall set the hearing in the pending proceeding
5804under ss. 120.569 and 120.57 at the earliest convenient time.
5805     (h)  This subsection does not prohibit a local government
5806from amending portions of its comprehensive plan other than
5807those which are the subject of the compliance agreement.
5808However, such amendments to the plan may not be inconsistent
5809with the compliance agreement.
5810     (i)  Nothing in this subsection is intended to limit the
5811parties from entering into a compliance agreement at any time
5812before the final order in the proceeding is issued, provided
5813that the provisions of paragraph (c) shall apply regardless of
5814when the compliance agreement is reached.
5815     (j)  Nothing in this subsection is intended to force any
5816party into settlement against its will or to preclude the use of
5817other informal dispute resolution methods, such as the services
5818offered by the Florida Growth Management Dispute Resolution
5819Consortium, in the course of or in addition to the method
5820described in this subsection.
5821     (17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5822A local government that has adopted a community vision and urban
5823service boundary under s. 163.3177(13) and (14) may adopt a plan
5824amendment related to map amendments solely to property within an
5825urban service boundary in the manner described in subsections
5826(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5827and e., 2., and 3., such that state and regional agency review
5828is eliminated. The department may not issue an objections,
5829recommendations, and comments report on proposed plan amendments
5830or a notice of intent on adopted plan amendments; however,
5831affected persons, as defined by paragraph (1)(a), may file a
5832petition for administrative review pursuant to the requirements
5833of s. 163.3187(3)(a) to challenge the compliance of an adopted
5834plan amendment. This subsection does not apply to any amendment
5835within an area of critical state concern, to any amendment that
5836increases residential densities allowable in high-hazard coastal
5837areas as defined in s. 163.3178(2)(h), or to a text change to
5838the goals, policies, or objectives of the local government's
5839comprehensive plan. Amendments submitted under this subsection
5840are exempt from the limitation on the frequency of plan
5841amendments in s. 163.3187.
5842     (18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5843municipality that has a designated urban infill and
5844redevelopment area under s. 163.2517 may adopt a plan amendment
5845related to map amendments solely to property within a designated
5846urban infill and redevelopment area in the manner described in
5847subsections (1), (2), (7), (14), (15), and (16) and s.
5848163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5849regional agency review is eliminated. The department may not
5850issue an objections, recommendations, and comments report on
5851proposed plan amendments or a notice of intent on adopted plan
5852amendments; however, affected persons, as defined by paragraph
5853(1)(a), may file a petition for administrative review pursuant
5854to the requirements of s. 163.3187(3)(a) to challenge the
5855compliance of an adopted plan amendment. This subsection does
5856not apply to any amendment within an area of critical state
5857concern, to any amendment that increases residential densities
5858allowable in high-hazard coastal areas as defined in s.
5859163.3178(2)(h), or to a text change to the goals, policies, or
5860objectives of the local government's comprehensive plan.
5861Amendments submitted under this subsection are exempt from the
5862limitation on the frequency of plan amendments in s. 163.3187.
5863     (19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5864government that identifies in its comprehensive plan the types
5865of housing developments and conditions for which it will
5866consider plan amendments that are consistent with the local
5867housing incentive strategies identified in s. 420.9076 and
5868authorized by the local government may expedite consideration of
5869such plan amendments. At least 30 days prior to adopting a plan
5870amendment pursuant to this subsection, the local government
5871shall notify the state land planning agency of its intent to
5872adopt such an amendment, and the notice shall include the local
5873government's evaluation of site suitability and availability of
5874facilities and services. A plan amendment considered under this
5875subsection shall require only a single public hearing before the
5876local governing body, which shall be a plan amendment adoption
5877hearing as described in subsection (7). The public notice of the
5878hearing required under subparagraph (15)(b)2. must include a
5879statement that the local government intends to use the expedited
5880adoption process authorized under this subsection. The state
5881land planning agency shall issue its notice of intent required
5882under subsection (8) within 30 days after determining that the
5883amendment package is complete. Any further proceedings shall be
5884governed by subsections (9)-(16).
5885     Section 18.  Section 163.3187, Florida Statutes, is amended
5886to read:
5887     163.3187  Process for adoption of small-scale comprehensive
5888plan amendment of adopted comprehensive plan.-
5889     (1)  Amendments to comprehensive plans adopted pursuant to
5890this part may be made not more than two times during any
5891calendar year, except:
5892     (a)  In the case of an emergency, comprehensive plan
5893amendments may be made more often than twice during the calendar
5894year if the additional plan amendment receives the approval of
5895all of the members of the governing body. "Emergency" means any
5896occurrence or threat thereof whether accidental or natural,
5897caused by humankind, in war or peace, which results or may
5898result in substantial injury or harm to the population or
5899substantial damage to or loss of property or public funds.
5900     (b)  Any local government comprehensive plan amendments
5901directly related to a proposed development of regional impact,
5902including changes which have been determined to be substantial
5903deviations and including Florida Quality Developments pursuant
5904to s. 380.061, may be initiated by a local planning agency and
5905considered by the local governing body at the same time as the
5906application for development approval using the procedures
5907provided for local plan amendment in this section and applicable
5908local ordinances.
5909     (1)(c)  Any local government comprehensive plan amendments
5910directly related to proposed small scale development activities
5911may be approved without regard to statutory limits on the
5912frequency of consideration of amendments to the local
5913comprehensive plan. A small scale development amendment may be
5914adopted only under the following conditions:
5915     (a)1.  The proposed amendment involves a use of 10 acres or
5916fewer and:
5917     (b)a.  The cumulative annual effect of the acreage for all
5918small scale development amendments adopted by the local
5919government does shall not exceed:
5920     (I)  a maximum of 120 acres in a calendar year. local
5921government that contains areas specifically designated in the
5922local comprehensive plan for urban infill, urban redevelopment,
5923or downtown revitalization as defined in s. 163.3164, urban
5924infill and redevelopment areas designated under s. 163.2517,
5925transportation concurrency exception areas approved pursuant to
5926s. 163.3180(5), or regional activity centers and urban central
5927business districts approved pursuant to s. 380.06(2)(e);
5928however, amendments under this paragraph may be applied to no
5929more than 60 acres annually of property outside the designated
5930areas listed in this sub-sub-subparagraph. Amendments adopted
5931pursuant to paragraph (k) shall not be counted toward the
5932acreage limitations for small scale amendments under this
5933paragraph.
5934     (II)  A maximum of 80 acres in a local government that does
5935not contain any of the designated areas set forth in sub-sub-
5936subparagraph (I).
5937     (III)  A maximum of 120 acres in a county established
5938pursuant to s. 9, Art. VIII of the State Constitution.
5939     b.  The proposed amendment does not involve the same
5940property granted a change within the prior 12 months.
5941     c.  The proposed amendment does not involve the same
5942owner's property within 200 feet of property granted a change
5943within the prior 12 months.
5944     (c)d.  The proposed amendment does not involve a text
5945change to the goals, policies, and objectives of the local
5946government's comprehensive plan, but only proposes a land use
5947change to the future land use map for a site-specific small
5948scale development activity. However, text changes that relate
5949directly to, and are adopted simultaneously with, the small
5950scale future land use map amendment shall be permissible under
5951this section.
5952     (d)e.  The property that is the subject of the proposed
5953amendment is not located within an area of critical state
5954concern, unless the project subject to the proposed amendment
5955involves the construction of affordable housing units meeting
5956the criteria of s. 420.0004(3), and is located within an area of
5957critical state concern designated by s. 380.0552 or by the
5958Administration Commission pursuant to s. 380.05(1). Such
5959amendment is not subject to the density limitations of sub-
5960subparagraph f., and shall be reviewed by the state land
5961planning agency for consistency with the principles for guiding
5962development applicable to the area of critical state concern
5963where the amendment is located and shall not become effective
5964until a final order is issued under s. 380.05(6).
5965     f.  If the proposed amendment involves a residential land
5966use, the residential land use has a density of 10 units or less
5967per acre or the proposed future land use category allows a
5968maximum residential density of the same or less than the maximum
5969residential density allowable under the existing future land use
5970category, except that this limitation does not apply to small
5971scale amendments involving the construction of affordable
5972housing units meeting the criteria of s. 420.0004(3) on property
5973which will be the subject of a land use restriction agreement,
5974or small scale amendments described in sub-sub-subparagraph
5975a.(I) that are designated in the local comprehensive plan for
5976urban infill, urban redevelopment, or downtown revitalization as
5977defined in s. 163.3164, urban infill and redevelopment areas
5978designated under s. 163.2517, transportation concurrency
5979exception areas approved pursuant to s. 163.3180(5), or regional
5980activity centers and urban central business districts approved
5981pursuant to s. 380.06(2)(e).
5982     2.a.  A local government that proposes to consider a plan
5983amendment pursuant to this paragraph is not required to comply
5984with the procedures and public notice requirements of s.
5985163.3184(15)(c) for such plan amendments if the local government
5986complies with the provisions in s. 125.66(4)(a) for a county or
5987in s. 166.041(3)(c) for a municipality. If a request for a plan
5988amendment under this paragraph is initiated by other than the
5989local government, public notice is required.
5990     b.  The local government shall send copies of the notice
5991and amendment to the state land planning agency, the regional
5992planning council, and any other person or entity requesting a
5993copy. This information shall also include a statement
5994identifying any property subject to the amendment that is
5995located within a coastal high-hazard area as identified in the
5996local comprehensive plan.
5997     (2)3.  Small scale development amendments adopted pursuant
5998to this section paragraph require only one public hearing before
5999the governing board, which shall be an adoption hearing as
6000described in s. 163.3184(11)(7), and are not subject to the
6001requirements of s. 163.3184(3)-(6) unless the local government
6002elects to have them subject to those requirements.
6003     (3)4.  If the small scale development amendment involves a
6004site within an area that is designated by the Governor as a
6005rural area of critical economic concern as defined under s.
6006288.0656(2)(d)(7) for the duration of such designation, the 10-
6007acre limit listed in subsection (1) subparagraph 1. shall be
6008increased by 100 percent to 20 acres. The local government
6009approving the small scale plan amendment shall certify to the
6010Office of Tourism, Trade, and Economic Development that the plan
6011amendment furthers the economic objectives set forth in the
6012executive order issued under s. 288.0656(7), and the property
6013subject to the plan amendment shall undergo public review to
6014ensure that all concurrency requirements and federal, state, and
6015local environmental permit requirements are met.
6016     (d)  Any comprehensive plan amendment required by a
6017compliance agreement pursuant to s. 163.3184(16) may be approved
6018without regard to statutory limits on the frequency of adoption
6019of amendments to the comprehensive plan.
6020     (e)  A comprehensive plan amendment for location of a state
6021correctional facility. Such an amendment may be made at any time
6022and does not count toward the limitation on the frequency of
6023plan amendments.
6024     (f)  The capital improvements element annual update
6025required in s. 163.3177(3)(b)1. and any amendments directly
6026related to the schedule.
6027     (g)  Any local government comprehensive plan amendments
6028directly related to proposed redevelopment of brownfield areas
6029designated under s. 376.80 may be approved without regard to
6030statutory limits on the frequency of consideration of amendments
6031to the local comprehensive plan.
6032     (h)  Any comprehensive plan amendments for port
6033transportation facilities and projects that are eligible for
6034funding by the Florida Seaport Transportation and Economic
6035Development Council pursuant to s. 311.07.
6036     (i)  A comprehensive plan amendment for the purpose of
6037designating an urban infill and redevelopment area under s.
6038163.2517 may be approved without regard to the statutory limits
6039on the frequency of amendments to the comprehensive plan.
6040     (j)  Any comprehensive plan amendment to establish public
6041school concurrency pursuant to s. 163.3180(13), including, but
6042not limited to, adoption of a public school facilities element
6043and adoption of amendments to the capital improvements element
6044and intergovernmental coordination element. In order to ensure
6045the consistency of local government public school facilities
6046elements within a county, such elements shall be prepared and
6047adopted on a similar time schedule.
6048     (k)  A local comprehensive plan amendment directly related
6049to providing transportation improvements to enhance life safety
6050on Controlled Access Major Arterial Highways identified in the
6051Florida Intrastate Highway System, in counties as defined in s.
6052125.011, where such roadways have a high incidence of traffic
6053accidents resulting in serious injury or death. Any such
6054amendment shall not include any amendment modifying the
6055designation on a comprehensive development plan land use map nor
6056any amendment modifying the allowable densities or intensities
6057of any land.
6058     (l)  A comprehensive plan amendment to adopt a public
6059educational facilities element pursuant to s. 163.3177(12) and
6060future land-use-map amendments for school siting may be approved
6061notwithstanding statutory limits on the frequency of adopting
6062plan amendments.
6063     (m)  A comprehensive plan amendment that addresses criteria
6064or compatibility of land uses adjacent to or in close proximity
6065to military installations in a local government's future land
6066use element does not count toward the limitation on the
6067frequency of the plan amendments.
6068     (n)  Any local government comprehensive plan amendment
6069establishing or implementing a rural land stewardship area
6070pursuant to the provisions of s. 163.3177(11)(d).
6071     (o)  A comprehensive plan amendment that is submitted by an
6072area designated by the Governor as a rural area of critical
6073economic concern under s. 288.0656(7) and that meets the
6074economic development objectives may be approved without regard
6075to the statutory limits on the frequency of adoption of
6076amendments to the comprehensive plan.
6077     (p)  Any local government comprehensive plan amendment that
6078is consistent with the local housing incentive strategies
6079identified in s. 420.9076 and authorized by the local
6080government.
6081     (q)  Any local government plan amendment to designate an
6082urban service area as a transportation concurrency exception
6083area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
6084development-of-regional-impact process under s. 380.06(29).
6085     (4)(2)  Comprehensive plans may only be amended in such a
6086way as to preserve the internal consistency of the plan pursuant
6087to s. 163.3177(2). Corrections, updates, or modifications of
6088current costs which were set out as part of the comprehensive
6089plan shall not, for the purposes of this act, be deemed to be
6090amendments.
6091     (3)(a)  The state land planning agency shall not review or
6092issue a notice of intent for small scale development amendments
6093which satisfy the requirements of paragraph (1)(c).
6094     (5)(a)  Any affected person may file a petition with the
6095Division of Administrative Hearings pursuant to ss. 120.569 and
6096120.57 to request a hearing to challenge the compliance of a
6097small scale development amendment with this act within 30 days
6098following the local government's adoption of the amendment and,
6099shall serve a copy of the petition on the local government, and
6100shall furnish a copy to the state land planning agency. An
6101administrative law judge shall hold a hearing in the affected
6102jurisdiction not less than 30 days nor more than 60 days
6103following the filing of a petition and the assignment of an
6104administrative law judge. The parties to a hearing held pursuant
6105to this subsection shall be the petitioner, the local
6106government, and any intervenor. In the proceeding, the plan
6107amendment shall be determined to be in compliance if the local
6108government's determination that the small scale development
6109amendment is in compliance is fairly debatable presumed to be
6110correct. The local government's determination shall be sustained
6111unless it is shown by a preponderance of the evidence that the
6112amendment is not in compliance with the requirements of this
6113act. In any proceeding initiated pursuant to this subsection,
6114The state land planning agency may not intervene in any
6115proceeding initiated pursuant to this section.
6116     (b)1.  If the administrative law judge recommends that the
6117small scale development amendment be found not in compliance,
6118the administrative law judge shall submit the recommended order
6119to the Administration Commission for final agency action. If the
6120administrative law judge recommends that the small scale
6121development amendment be found in compliance, the administrative
6122law judge shall submit the recommended order to the state land
6123planning agency.
6124     2.  If the state land planning agency determines that the
6125plan amendment is not in compliance, the agency shall submit,
6126within 30 days following its receipt, the recommended order to
6127the Administration Commission for final agency action. If the
6128state land planning agency determines that the plan amendment is
6129in compliance, the agency shall enter a final order within 30
6130days following its receipt of the recommended order.
6131     (c)  Small scale development amendments may shall not
6132become effective until 31 days after adoption. If challenged
6133within 30 days after adoption, small scale development
6134amendments may shall not become effective until the state land
6135planning agency or the Administration Commission, respectively,
6136issues a final order determining that the adopted small scale
6137development amendment is in compliance.
6138     (d)  In all challenges under this subsection, when a
6139determination of compliance as defined in s. 163.3184(1)(b) is
6140made, consideration shall be given to the plan amendment as a
6141whole and whether the plan amendment furthers the intent of this
6142part.
6143     (4)  Each governing body shall transmit to the state land
6144planning agency a current copy of its comprehensive plan not
6145later than December 1, 1985. Each governing body shall also
6146transmit copies of any amendments it adopts to its comprehensive
6147plan so as to continually update the plans on file with the
6148state land planning agency.
6149     (5)  Nothing in this part is intended to prohibit or limit
6150the authority of local governments to require that a person
6151requesting an amendment pay some or all of the cost of public
6152notice.
6153     (6)(a)  No local government may amend its comprehensive
6154plan after the date established by the state land planning
6155agency for adoption of its evaluation and appraisal report
6156unless it has submitted its report or addendum to the state land
6157planning agency as prescribed by s. 163.3191, except for plan
6158amendments described in paragraph (1)(b) or paragraph (1)(h).
6159     (b)  A local government may amend its comprehensive plan
6160after it has submitted its adopted evaluation and appraisal
6161report and for a period of 1 year after the initial
6162determination of sufficiency regardless of whether the report
6163has been determined to be insufficient.
6164     (c)  A local government may not amend its comprehensive
6165plan, except for plan amendments described in paragraph (1)(b),
6166if the 1-year period after the initial sufficiency determination
6167of the report has expired and the report has not been determined
6168to be sufficient.
6169     (d)  When the state land planning agency has determined
6170that the report has sufficiently addressed all pertinent
6171provisions of s. 163.3191, the local government may amend its
6172comprehensive plan without the limitations imposed by paragraph
6173(a) or paragraph (c).
6174     (e)  Any plan amendment which a local government attempts
6175to adopt in violation of paragraph (a) or paragraph (c) is
6176invalid, but such invalidity may be overcome if the local
6177government readopts the amendment and transmits the amendment to
6178the state land planning agency pursuant to s. 163.3184(7) after
6179the report is determined to be sufficient.
6180     Section 19.  Section 163.3189, Florida Statutes, is
6181repealed.
6182     Section 20.  Section 163.3191, Florida Statutes, is amended
6183to read:
6184     163.3191  Evaluation and appraisal of comprehensive plan.-
6185     (1)  At least once every 7 years, each local government
6186shall evaluate its comprehensive plan to determine if plan
6187amendments are necessary to reflect changes in state
6188requirements in this part since the last update of the
6189comprehensive plan, and notify the state land planning agency as
6190to its determination.
6191     (2)  If the local government determines amendments to its
6192comprehensive plan are necessary to reflect changes in state
6193requirements, the local government shall prepare and transmit
6194within 1 year such plan amendment or amendments for review
6195pursuant to s. 163.3184.
6196     (3)  Local governments are encouraged to comprehensively
6197evaluate and, as necessary, update comprehensive plans to
6198reflect changes in local conditions. Plan amendments transmitted
6199pursuant to this section shall be reviewed in accordance with s.
6200163.3184.
6201     (4)  If a local government fails to submit its letter
6202prescribed by subsection (1) or update its plan pursuant to
6203subsection (2), it may not amend its comprehensive plan until
6204such time as it complies with this section.
6205     (1)  The planning program shall be a continuous and ongoing
6206process. Each local government shall adopt an evaluation and
6207appraisal report once every 7 years assessing the progress in
6208implementing the local government's comprehensive plan.
6209Furthermore, it is the intent of this section that:
6210     (a)  Adopted comprehensive plans be reviewed through such
6211evaluation process to respond to changes in state, regional, and
6212local policies on planning and growth management and changing
6213conditions and trends, to ensure effective intergovernmental
6214coordination, and to identify major issues regarding the
6215community's achievement of its goals.
6216     (b)  After completion of the initial evaluation and
6217appraisal report and any supporting plan amendments, each
6218subsequent evaluation and appraisal report must evaluate the
6219comprehensive plan in effect at the time of the initiation of
6220the evaluation and appraisal report process.
6221     (c)  Local governments identify the major issues, if
6222applicable, with input from state agencies, regional agencies,
6223adjacent local governments, and the public in the evaluation and
6224appraisal report process. It is also the intent of this section
6225to establish minimum requirements for information to ensure
6226predictability, certainty, and integrity in the growth
6227management process. The report is intended to serve as a summary
6228audit of the actions that a local government has undertaken and
6229identify changes that it may need to make. The report should be
6230based on the local government's analysis of major issues to
6231further the community's goals consistent with statewide minimum
6232standards. The report is not intended to require a comprehensive
6233rewrite of the elements within the local plan, unless a local
6234government chooses to do so.
6235     (2)  The report shall present an evaluation and assessment
6236of the comprehensive plan and shall contain appropriate
6237statements to update the comprehensive plan, including, but not
6238limited to, words, maps, illustrations, or other media, related
6239to:
6240     (a)  Population growth and changes in land area, including
6241annexation, since the adoption of the original plan or the most
6242recent update amendments.
6243     (b)  The extent of vacant and developable land.
6244     (c)  The financial feasibility of implementing the
6245comprehensive plan and of providing needed infrastructure to
6246achieve and maintain adopted level-of-service standards and
6247sustain concurrency management systems through the capital
6248improvements element, as well as the ability to address
6249infrastructure backlogs and meet the demands of growth on public
6250services and facilities.
6251     (d)  The location of existing development in relation to
6252the location of development as anticipated in the original plan,
6253or in the plan as amended by the most recent evaluation and
6254appraisal report update amendments, such as within areas
6255designated for urban growth.
6256     (e)  An identification of the major issues for the
6257jurisdiction and, where pertinent, the potential social,
6258economic, and environmental impacts.
6259     (f)  Relevant changes to the state comprehensive plan, the
6260requirements of this part, the minimum criteria contained in
6261chapter 9J-5, Florida Administrative Code, and the appropriate
6262strategic regional policy plan since the adoption of the
6263original plan or the most recent evaluation and appraisal report
6264update amendments.
6265     (g)  An assessment of whether the plan objectives within
6266each element, as they relate to major issues, have been
6267achieved. The report shall include, as appropriate, an
6268identification as to whether unforeseen or unanticipated changes
6269in circumstances have resulted in problems or opportunities with
6270respect to major issues identified in each element and the
6271social, economic, and environmental impacts of the issue.
6272     (h)  A brief assessment of successes and shortcomings
6273related to each element of the plan.
6274     (i)  The identification of any actions or corrective
6275measures, including whether plan amendments are anticipated to
6276address the major issues identified and analyzed in the report.
6277Such identification shall include, as appropriate, new
6278population projections, new revised planning timeframes, a
6279revised future conditions map or map series, an updated capital
6280improvements element, and any new and revised goals, objectives,
6281and policies for major issues identified within each element.
6282This paragraph shall not require the submittal of the plan
6283amendments with the evaluation and appraisal report.
6284     (j)  A summary of the public participation program and
6285activities undertaken by the local government in preparing the
6286report.
6287     (k)  The coordination of the comprehensive plan with
6288existing public schools and those identified in the applicable
6289educational facilities plan adopted pursuant to s. 1013.35. The
6290assessment shall address, where relevant, the success or failure
6291of the coordination of the future land use map and associated
6292planned residential development with public schools and their
6293capacities, as well as the joint decisionmaking processes
6294engaged in by the local government and the school board in
6295regard to establishing appropriate population projections and
6296the planning and siting of public school facilities. For those
6297counties or municipalities that do not have a public schools
6298interlocal agreement or public school facilities element, the
6299assessment shall determine whether the local government
6300continues to meet the criteria of s. 163.3177(12). If the county
6301or municipality determines that it no longer meets the criteria,
6302it must adopt appropriate school concurrency goals, objectives,
6303and policies in its plan amendments pursuant to the requirements
6304of the public school facilities element, and enter into the
6305existing interlocal agreement required by ss. 163.3177(6)(h)2.
6306and 163.31777 in order to fully participate in the school
6307concurrency system.
6308     (l)  The extent to which the local government has been
6309successful in identifying alternative water supply projects and
6310traditional water supply projects, including conservation and
6311reuse, necessary to meet the water needs identified in s.
6312373.709(2)(a) within the local government's jurisdiction. The
6313report must evaluate the degree to which the local government
6314has implemented the work plan for building public, private, and
6315regional water supply facilities, including development of
6316alternative water supplies, identified in the element as
6317necessary to serve existing and new development.
6318     (m)  If any of the jurisdiction of the local government is
6319located within the coastal high-hazard area, an evaluation of
6320whether any past reduction in land use density impairs the
6321property rights of current residents when redevelopment occurs,
6322including, but not limited to, redevelopment following a natural
6323disaster. The property rights of current residents shall be
6324balanced with public safety considerations. The local government
6325must identify strategies to address redevelopment feasibility
6326and the property rights of affected residents. These strategies
6327may include the authorization of redevelopment up to the actual
6328built density in existence on the property prior to the natural
6329disaster or redevelopment.
6330     (n)  An assessment of whether the criteria adopted pursuant
6331to s. 163.3177(6)(a) were successful in achieving compatibility
6332with military installations.
6333     (o)  The extent to which a concurrency exception area
6334designated pursuant to s. 163.3180(5), a concurrency management
6335area designated pursuant to s. 163.3180(7), or a multimodal
6336transportation district designated pursuant to s. 163.3180(15)
6337has achieved the purpose for which it was created and otherwise
6338complies with the provisions of s. 163.3180.
6339     (p)  An assessment of the extent to which changes are
6340needed to develop a common methodology for measuring impacts on
6341transportation facilities for the purpose of implementing its
6342concurrency management system in coordination with the
6343municipalities and counties, as appropriate pursuant to s.
6344163.3180(10).
6345     (3)  Voluntary scoping meetings may be conducted by each
6346local government or several local governments within the same
6347county that agree to meet together. Joint meetings among all
6348local governments in a county are encouraged. All scoping
6349meetings shall be completed at least 1 year prior to the
6350established adoption date of the report. The purpose of the
6351meetings shall be to distribute data and resources available to
6352assist in the preparation of the report, to provide input on
6353major issues in each community that should be addressed in the
6354report, and to advise on the extent of the effort for the
6355components of subsection (2). If scoping meetings are held, the
6356local government shall invite each state and regional reviewing
6357agency, as well as adjacent and other affected local
6358governments. A preliminary list of new data and major issues
6359that have emerged since the adoption of the original plan, or
6360the most recent evaluation and appraisal report-based update
6361amendments, should be developed by state and regional entities
6362and involved local governments for distribution at the scoping
6363meeting. For purposes of this subsection, a "scoping meeting" is
6364a meeting conducted to determine the scope of review of the
6365evaluation and appraisal report by parties to which the report
6366relates.
6367     (4)  The local planning agency shall prepare the evaluation
6368and appraisal report and shall make recommendations to the
6369governing body regarding adoption of the proposed report. The
6370local planning agency shall prepare the report in conformity
6371with its public participation procedures adopted as required by
6372s. 163.3181. During the preparation of the proposed report and
6373prior to making any recommendation to the governing body, the
6374local planning agency shall hold at least one public hearing,
6375with public notice, on the proposed report. At a minimum, the
6376format and content of the proposed report shall include a table
6377of contents; numbered pages; element headings; section headings
6378within elements; a list of included tables, maps, and figures; a
6379title and sources for all included tables; a preparation date;
6380and the name of the preparer. Where applicable, maps shall
6381include major natural and artificial geographic features; city,
6382county, and state lines; and a legend indicating a north arrow,
6383map scale, and the date.
6384     (5)  Ninety days prior to the scheduled adoption date, the
6385local government may provide a proposed evaluation and appraisal
6386report to the state land planning agency and distribute copies
6387to state and regional commenting agencies as prescribed by rule,
6388adjacent jurisdictions, and interested citizens for review. All
6389review comments, including comments by the state land planning
6390agency, shall be transmitted to the local government and state
6391land planning agency within 30 days after receipt of the
6392proposed report.
6393     (6)  The governing body, after considering the review
6394comments and recommended changes, if any, shall adopt the
6395evaluation and appraisal report by resolution or ordinance at a
6396public hearing with public notice. The governing body shall
6397adopt the report in conformity with its public participation
6398procedures adopted as required by s. 163.3181. The local
6399government shall submit to the state land planning agency three
6400copies of the report, a transmittal letter indicating the dates
6401of public hearings, and a copy of the adoption resolution or
6402ordinance. The local government shall provide a copy of the
6403report to the reviewing agencies which provided comments for the
6404proposed report, or to all the reviewing agencies if a proposed
6405report was not provided pursuant to subsection (5), including
6406the adjacent local governments. Within 60 days after receipt,
6407the state land planning agency shall review the adopted report
6408and make a preliminary sufficiency determination that shall be
6409forwarded by the agency to the local government for its
6410consideration. The state land planning agency shall issue a
6411final sufficiency determination within 90 days after receipt of
6412the adopted evaluation and appraisal report.
6413     (7)  The intent of the evaluation and appraisal process is
6414the preparation of a plan update that clearly and concisely
6415achieves the purpose of this section. Toward this end, the
6416sufficiency review of the state land planning agency shall
6417concentrate on whether the evaluation and appraisal report
6418sufficiently fulfills the components of subsection (2). If the
6419state land planning agency determines that the report is
6420insufficient, the governing body shall adopt a revision of the
6421report and submit the revised report for review pursuant to
6422subsection (6).
6423     (8)  The state land planning agency may delegate the review
6424of evaluation and appraisal reports, including all state land
6425planning agency duties under subsections (4)-(7), to the
6426appropriate regional planning council. When the review has been
6427delegated to a regional planning council, any local government
6428in the region may elect to have its report reviewed by the
6429regional planning council rather than the state land planning
6430agency. The state land planning agency shall by agreement
6431provide for uniform and adequate review of reports and shall
6432retain oversight for any delegation of review to a regional
6433planning council.
6434     (9)  The state land planning agency may establish a phased
6435schedule for adoption of reports. The schedule shall provide
6436each local government at least 7 years from plan adoption or
6437last established adoption date for a report and shall allot
6438approximately one-seventh of the reports to any 1 year. In order
6439to allow the municipalities to use data and analyses gathered by
6440the counties, the state land planning agency shall schedule
6441municipal report adoption dates between 1 year and 18 months
6442later than the report adoption date for the county in which
6443those municipalities are located. A local government may adopt
6444its report no earlier than 90 days prior to the established
6445adoption date. Small municipalities which were scheduled by
6446chapter 9J-33, Florida Administrative Code, to adopt their
6447evaluation and appraisal report after February 2, 1999, shall be
6448rescheduled to adopt their report together with the other
6449municipalities in their county as provided in this subsection.
6450     (10)  The governing body shall amend its comprehensive plan
6451based on the recommendations in the report and shall update the
6452comprehensive plan based on the components of subsection (2),
6453pursuant to the provisions of ss. 163.3184, 163.3187, and
6454163.3189. Amendments to update a comprehensive plan based on the
6455evaluation and appraisal report shall be adopted during a single
6456amendment cycle within 18 months after the report is determined
6457to be sufficient by the state land planning agency, except the
6458state land planning agency may grant an extension for adoption
6459of a portion of such amendments. The state land planning agency
6460may grant a 6-month extension for the adoption of such
6461amendments if the request is justified by good and sufficient
6462cause as determined by the agency. An additional extension may
6463also be granted if the request will result in greater
6464coordination between transportation and land use, for the
6465purposes of improving Florida's transportation system, as
6466determined by the agency in coordination with the Metropolitan
6467Planning Organization program. Beginning July 1, 2006, failure
6468to timely adopt and transmit update amendments to the
6469comprehensive plan based on the evaluation and appraisal report
6470shall result in a local government being prohibited from
6471adopting amendments to the comprehensive plan until the
6472evaluation and appraisal report update amendments have been
6473adopted and transmitted to the state land planning agency. The
6474prohibition on plan amendments shall commence when the update
6475amendments to the comprehensive plan are past due. The
6476comprehensive plan as amended shall be in compliance as defined
6477in s. 163.3184(1)(b). Within 6 months after the effective date
6478of the update amendments to the comprehensive plan, the local
6479government shall provide to the state land planning agency and
6480to all agencies designated by rule a complete copy of the
6481updated comprehensive plan.
6482     (11)  The Administration Commission may impose the
6483sanctions provided by s. 163.3184(11) against any local
6484government that fails to adopt and submit a report, or that
6485fails to implement its report through timely and sufficient
6486amendments to its local plan, except for reasons of excusable
6487delay or valid planning reasons agreed to by the state land
6488planning agency or found present by the Administration
6489Commission. Sanctions for untimely or insufficient plan
6490amendments shall be prospective only and shall begin after a
6491final order has been issued by the Administration Commission and
6492a reasonable period of time has been allowed for the local
6493government to comply with an adverse determination by the
6494Administration Commission through adoption of plan amendments
6495that are in compliance. The state land planning agency may
6496initiate, and an affected person may intervene in, such a
6497proceeding by filing a petition with the Division of
6498Administrative Hearings, which shall appoint an administrative
6499law judge and conduct a hearing pursuant to ss. 120.569 and
6500120.57(1) and shall submit a recommended order to the
6501Administration Commission. The affected local government shall
6502be a party to any such proceeding. The commission may implement
6503this subsection by rule.
6504     (5)(12)  The state land planning agency may shall not adopt
6505rules to implement this section, other than procedural rules or
6506a schedule indicating when local governments must comply with
6507the requirements of this section.
6508     (13)  The state land planning agency shall regularly review
6509the evaluation and appraisal report process and submit a report
6510to the Governor, the Administration Commission, the Speaker of
6511the House of Representatives, the President of the Senate, and
6512the respective community affairs committees of the Senate and
6513the House of Representatives. The first report shall be
6514submitted by December 31, 2004, and subsequent reports shall be
6515submitted every 5 years thereafter. At least 9 months before the
6516due date of each report, the Secretary of Community Affairs
6517shall appoint a technical committee of at least 15 members to
6518assist in the preparation of the report. The membership of the
6519technical committee shall consist of representatives of local
6520governments, regional planning councils, the private sector, and
6521environmental organizations. The report shall assess the
6522effectiveness of the evaluation and appraisal report process.
6523     (14)  The requirement of subsection (10) prohibiting a
6524local government from adopting amendments to the local
6525comprehensive plan until the evaluation and appraisal report
6526update amendments have been adopted and transmitted to the state
6527land planning agency does not apply to a plan amendment proposed
6528for adoption by the appropriate local government as defined in
6529s. 163.3178(2)(k) in order to integrate a port comprehensive
6530master plan with the coastal management element of the local
6531comprehensive plan as required by s. 163.3178(2)(k) if the port
6532comprehensive master plan or the proposed plan amendment does
6533not cause or contribute to the failure of the local government
6534to comply with the requirements of the evaluation and appraisal
6535report.
6536     Section 21.  Paragraph (b) of subsection (2) of section
6537163.3217, Florida Statutes, is amended to read:
6538     163.3217  Municipal overlay for municipal incorporation.-
6539     (2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6540OVERLAY.-
6541     (b)1.  A municipal overlay shall be adopted as an amendment
6542to the local government comprehensive plan as prescribed by s.
6543163.3184.
6544     2.  A county may consider the adoption of a municipal
6545overlay without regard to the provisions of s. 163.3187(1)
6546regarding the frequency of adoption of amendments to the local
6547comprehensive plan.
6548     Section 22.  Subsection (3) of section 163.3220, Florida
6549Statutes, is amended to read:
6550     163.3220  Short title; legislative intent.-
6551     (3)  In conformity with, in furtherance of, and to
6552implement the Community Local Government Comprehensive Planning
6553and Land Development Regulation Act and the Florida State
6554Comprehensive Planning Act of 1972, it is the intent of the
6555Legislature to encourage a stronger commitment to comprehensive
6556and capital facilities planning, ensure the provision of
6557adequate public facilities for development, encourage the
6558efficient use of resources, and reduce the economic cost of
6559development.
6560     Section 23.  Subsections (2) and (11) of section 163.3221,
6561Florida Statutes, are amended to read:
6562     163.3221  Florida Local Government Development Agreement
6563Act; definitions.-As used in ss. 163.3220-163.3243:
6564     (2)  "Comprehensive plan" means a plan adopted pursuant to
6565the Community "Local Government Comprehensive Planning and Land
6566Development Regulation Act."
6567     (11)  "Local planning agency" means the agency designated
6568to prepare a comprehensive plan or plan amendment pursuant to
6569the Community "Florida Local Government Comprehensive Planning
6570and Land Development Regulation Act."
6571     Section 24.  Section 163.3229, Florida Statutes, is amended
6572to read:
6573     163.3229  Duration of a development agreement and
6574relationship to local comprehensive plan.-The duration of a
6575development agreement may shall not exceed 30 20 years, unless
6576it is. It may be extended by mutual consent of the governing
6577body and the developer, subject to a public hearing in
6578accordance with s. 163.3225. No development agreement shall be
6579effective or be implemented by a local government unless the
6580local government's comprehensive plan and plan amendments
6581implementing or related to the agreement are found in compliance
6582by the state land planning agency in accordance with s.
6583163.3184, s. 163.3187, or s. 163.3189.
6584     Section 25.  Section 163.3235, Florida Statutes, is amended
6585to read:
6586     163.3235  Periodic review of a development agreement.-A
6587local government shall review land subject to a development
6588agreement at least once every 12 months to determine if there
6589has been demonstrated good faith compliance with the terms of
6590the development agreement. For each annual review conducted
6591during years 6 through 10 of a development agreement, the review
6592shall be incorporated into a written report which shall be
6593submitted to the parties to the agreement and the state land
6594planning agency. The state land planning agency shall adopt
6595rules regarding the contents of the report, provided that the
6596report shall be limited to the information sufficient to
6597determine the extent to which the parties are proceeding in good
6598faith to comply with the terms of the development agreement. If
6599the local government finds, on the basis of substantial
6600competent evidence, that there has been a failure to comply with
6601the terms of the development agreement, the agreement may be
6602revoked or modified by the local government.
6603     Section 26.  Section 163.3239, Florida Statutes, is amended
6604to read:
6605     163.3239  Recording and effectiveness of a development
6606agreement.-Within 14 days after a local government enters into a
6607development agreement, the local government shall record the
6608agreement with the clerk of the circuit court in the county
6609where the local government is located. A copy of the recorded
6610development agreement shall be submitted to the state land
6611planning agency within 14 days after the agreement is recorded.
6612A development agreement is shall not be effective until it is
6613properly recorded in the public records of the county and until
661430 days after having been received by the state land planning
6615agency pursuant to this section. The burdens of the development
6616agreement shall be binding upon, and the benefits of the
6617agreement shall inure to, all successors in interest to the
6618parties to the agreement.
6619     Section 27.  Section 163.3243, Florida Statutes, is amended
6620to read:
6621     163.3243  Enforcement.-Any party or, any aggrieved or
6622adversely affected person as defined in s. 163.3215(2), or the
6623state land planning agency may file an action for injunctive
6624relief in the circuit court where the local government is
6625located to enforce the terms of a development agreement or to
6626challenge compliance of the agreement with the provisions of ss.
6627163.3220-163.3243.
6628     Section 28.  Section 163.3245, Florida Statutes, is amended
6629to read:
6630     163.3245  Optional Sector plans.-
6631     (1)  In recognition of the benefits of conceptual long-
6632range planning for the buildout of an area, and detailed
6633planning for specific areas, as a demonstration project, the
6634requirements of s. 380.06 may be addressed as identified by this
6635section for up to five local governments or combinations of
6636local governments may which adopt into their the comprehensive
6637plans a plan an optional sector plan in accordance with this
6638section. This section is intended to promote and encourage long-
6639term planning for conservation, development, and agriculture on
6640a landscape scale; to further the intent of s. 163.3177(11),
6641which supports innovative and flexible planning and development
6642strategies, and the purposes of this part, and part I of chapter
6643380; to facilitate protection of regionally significant
6644resources, including, but not limited to, regionally significant
6645water courses and wildlife corridors;, and to avoid duplication
6646of effort in terms of the level of data and analysis required
6647for a development of regional impact, while ensuring the
6648adequate mitigation of impacts to applicable regional resources
6649and facilities, including those within the jurisdiction of other
6650local governments, as would otherwise be provided. Optional
6651Sector plans are intended for substantial geographic areas that
6652include including at least 15,000 5,000 acres of one or more
6653local governmental jurisdictions and are to emphasize urban form
6654and protection of regionally significant resources and public
6655facilities. A The state land planning agency may approve
6656optional sector plans of less than 5,000 acres based on local
6657circumstances if it is determined that the plan would further
6658the purposes of this part and part I of chapter 380. Preparation
6659of an optional sector plan is authorized by agreement between
6660the state land planning agency and the applicable local
6661governments under s. 163.3171(4). An optional sector plan may be
6662adopted through one or more comprehensive plan amendments under
6663s. 163.3184. However, an optional sector plan may not be adopted
6664authorized in an area of critical state concern.
6665     (2)  Upon the request of a local government having
6666jurisdiction, The state land planning agency may enter into an
6667agreement to authorize preparation of an optional sector plan
6668upon the request of one or more local governments based on
6669consideration of problems and opportunities presented by
6670existing development trends; the effectiveness of current
6671comprehensive plan provisions; the potential to further the
6672state comprehensive plan, applicable strategic regional policy
6673plans, this part, and part I of chapter 380; and those factors
6674identified by s. 163.3177(10)(i). the applicable regional
6675planning council shall conduct a scoping meeting with affected
6676local governments and those agencies identified in s.
6677163.3184(1)(c)(4) before preparation of the sector plan
6678execution of the agreement authorized by this section. The
6679purpose of this meeting is to assist the state land planning
6680agency and the local government in the identification of the
6681relevant planning issues to be addressed and the data and
6682resources available to assist in the preparation of the sector
6683plan subsequent plan amendments. If a scoping meeting is
6684conducted, the regional planning council shall make written
6685recommendations to the state land planning agency and affected
6686local governments on the issues requested by the local
6687government. The scoping meeting shall be noticed and open to the
6688public. If the entire planning area proposed for the sector plan
6689is within the jurisdiction of two or more local governments,
6690some or all of them may enter into a joint planning agreement
6691pursuant to s. 163.3171 with respect to, including whether a
6692sustainable sector plan would be appropriate. The agreement must
6693define the geographic area to be subject to the sector plan, the
6694planning issues that will be emphasized, procedures requirements
6695for intergovernmental coordination to address
6696extrajurisdictional impacts, supporting application materials
6697including data and analysis, and procedures for public
6698participation, or other issues. An agreement may address
6699previously adopted sector plans that are consistent with the
6700standards in this section. Before executing an agreement under
6701this subsection, the local government shall hold a duly noticed
6702public workshop to review and explain to the public the optional
6703sector planning process and the terms and conditions of the
6704proposed agreement. The local government shall hold a duly
6705noticed public hearing to execute the agreement. All meetings
6706between the department and the local government must be open to
6707the public.
6708     (3)  Optional Sector planning encompasses two levels:
6709adoption pursuant to under s. 163.3184 of a conceptual long-term
6710master plan for the entire planning area as part of the
6711comprehensive plan, and adoption by local development order of
6712two or more buildout overlay to the comprehensive plan, having
6713no immediate effect on the issuance of development orders or the
6714applicability of s. 380.06, and adoption under s. 163.3184 of
6715detailed specific area plans that implement the conceptual long-
6716term master plan buildout overlay and authorize issuance of
6717development orders, and within which s. 380.06 is waived. Until
6718such time as a detailed specific area plan is adopted, the
6719underlying future land use designations apply.
6720     (a)  In addition to the other requirements of this chapter,
6721a long-term master plan pursuant to this section conceptual
6722long-term buildout overlay must include maps, illustrations, and
6723text supported by data and analysis to address the following:
6724     1.  A long-range conceptual framework map that, at a
6725minimum, generally depicts identifies anticipated areas of
6726urban, agricultural, rural, and conservation land use,
6727identifies allowed uses in various parts of the planning area,
6728specifies maximum and minimum densities and intensities of use,
6729and provides the general framework for the development pattern
6730in developed areas with graphic illustrations based on a
6731hierarchy of places and functional place-making components.
6732     2.  A general identification of the water supplies needed
6733and available sources of water, including water resource
6734development and water supply development projects, and water
6735conservation measures needed to meet the projected demand of the
6736future land uses in the long-term master plan.
6737     3.  A general identification of the transportation
6738facilities to serve the future land uses in the long-term master
6739plan, including guidelines to be used to establish each modal
6740component intended to optimize mobility.
6741     4.2.  A general identification of other regionally
6742significant public facilities consistent with chapter 9J-2,
6743Florida Administrative Code, irrespective of local governmental
6744jurisdiction necessary to support buildout of the anticipated
6745future land uses, which may include central utilities provided
6746onsite within the planning area, and policies setting forth the
6747procedures to be used to mitigate the impacts of future land
6748uses on public facilities.
6749     5.3.  A general identification of regionally significant
6750natural resources within the planning area based on the best
6751available data and policies setting forth the procedures for
6752protection or conservation of specific resources consistent with
6753the overall conservation and development strategy for the
6754planning area consistent with chapter 9J-2, Florida
6755Administrative Code.
6756     6.4.  General principles and guidelines addressing that
6757address the urban form and the interrelationships of anticipated
6758future land uses; the protection and, as appropriate,
6759restoration and management of lands identified for permanent
6760preservation through recordation of conservation easements
6761consistent with s. 704.06, which shall be phased or staged in
6762coordination with detailed specific area plans to reflect phased
6763or staged development within the planning area; and a
6764discussion, at the applicant's option, of the extent, if any, to
6765which the plan will address restoring key ecosystems, achieving
6766a more clean, healthy environment;, limiting urban sprawl;
6767providing a range of housing types;, protecting wildlife and
6768natural areas;, advancing the efficient use of land and other
6769resources;, and creating quality communities of a design that
6770promotes travel by multiple transportation modes; and enhancing
6771the prospects for the creation of jobs.
6772     7.5.  Identification of general procedures and policies to
6773facilitate ensure intergovernmental coordination to address
6774extrajurisdictional impacts from the future land uses long-range
6775conceptual framework map.
6776
6777A long-term master plan adopted pursuant to this section may be
6778based upon a planning period longer than the generally
6779applicable planning period of the local comprehensive plan,
6780shall specify the projected population within the planning area
6781during the chosen planning period, and may include a phasing or
6782staging schedule that allocates a portion of the local
6783government's future growth to the planning area through the
6784planning period. A long-term master plan adopted pursuant to
6785this section is not required to demonstrate need based upon
6786projected population growth or on any other basis.
6787     (b)  In addition to the other requirements of this chapter,
6788including those in paragraph (a), the detailed specific area
6789plans shall be consistent with the long-term master plan and
6790must include conditions and commitments that provide for:
6791     1.  Development or conservation of an area of adequate size
6792to accommodate a level of development which achieves a
6793functional relationship between a full range of land uses within
6794the area and to encompass at least 1,000 acres consistent with
6795the long-term master plan. The local government state land
6796planning agency may approve detailed specific area plans of less
6797than 1,000 acres based on local circumstances if it is
6798determined that the detailed specific area plan furthers the
6799purposes of this part and part I of chapter 380.
6800     2.  Detailed identification and analysis of the maximum and
6801minimum densities and intensities of use and the distribution,
6802extent, and location of future land uses.
6803     3.  Detailed identification of water resource development
6804and water supply development projects and related infrastructure
6805and water conservation measures to address water needs of
6806development in the detailed specific area plan.
6807     4.  Detailed identification of the transportation
6808facilities to serve the future land uses in the detailed
6809specific area plan.
6810     5.3.  Detailed identification of other regionally
6811significant public facilities, including public facilities
6812outside the jurisdiction of the host local government,
6813anticipated impacts of future land uses on those facilities, and
6814required improvements consistent with the long-term master plan
6815chapter 9J-2, Florida Administrative Code.
6816     6.4.  Public facilities necessary to serve development in
6817the detailed specific area plan for the short term, including
6818developer contributions in a financially feasible 5-year capital
6819improvement schedule of the affected local government.
6820     7.5.  Detailed analysis and identification of specific
6821measures to ensure assure the protection and, as appropriate,
6822restoration and management of lands within the boundary of the
6823detailed specific area plan identified for permanent
6824preservation through recordation of conservation easements
6825consistent with s. 704.06, which easements shall be effective
6826before or concurrent with the effective date of the detailed
6827specific area plan of regionally significant natural resources
6828and other important resources both within and outside the host
6829jurisdiction, including those regionally significant resources
6830identified in chapter 9J-2, Florida Administrative Code.
6831     8.6.  Detailed principles and guidelines addressing that
6832address the urban form and the interrelationships of anticipated
6833future land uses; and a discussion, at the applicant's option,
6834of the extent, if any, to which the plan will address restoring
6835key ecosystems, achieving a more clean, healthy environment;,
6836limiting urban sprawl; providing a range of housing types;,
6837protecting wildlife and natural areas;, advancing the efficient
6838use of land and other resources;, and creating quality
6839communities of a design that promotes travel by multiple
6840transportation modes; and enhancing the prospects for the
6841creation of jobs.
6842     9.7.  Identification of specific procedures to facilitate
6843ensure intergovernmental coordination to address
6844extrajurisdictional impacts from of the detailed specific area
6845plan.
6846
6847A detailed specific area plan adopted by local development order
6848pursuant to this section may be based upon a planning period
6849longer than the generally applicable planning period of the
6850local comprehensive plan and shall specify the projected
6851population within the specific planning area during the chosen
6852planning period. A detailed specific area plan adopted pursuant
6853to this section is not required to demonstrate need based upon
6854projected population growth or on any other basis. All lands
6855identified in the long-term master plan for permanent
6856preservation shall be subject to a recorded conservation
6857easement consistent with s. 704.06 before or concurrent with the
6858effective date of the final detailed specific area plan to be
6859approved within the planning area.
6860     (c)  In its review of a long-term master plan, the state
6861land planning agency shall consult with the Department of
6862Agriculture and Consumer Services, the Department of
6863Environmental Protection, the Fish and Wildlife Conservation
6864Commission, and the applicable water management district
6865regarding the design of areas for protection and conservation of
6866regionally significant natural resources and for the protection
6867and, as appropriate, restoration and management of lands
6868identified for permanent preservation.
6869     (d)  In its review of a long-term master plan, the state
6870land planning agency shall consult with the Department of
6871Transportation, the applicable metropolitan planning
6872organization, and any urban transit agency regarding the
6873location, capacity, design, and phasing or staging of major
6874transportation facilities in the planning area.
6875     (e)  Whenever a local government issues a development order
6876approving a detailed specific area plan, a copy of such order
6877shall be rendered to the state land planning agency and the
6878owner or developer of the property affected by such order, as
6879prescribed by rules of the state land planning agency for a
6880development order for a development of regional impact. Within
688145 days after the order is rendered, the owner, the developer,
6882or the state land planning agency may appeal the order to the
6883Florida Land and Water Adjudicatory Commission by filing a
6884petition alleging that the detailed specific area plan is not
6885consistent with the comprehensive plan or with the long-term
6886master plan adopted pursuant to this section. The appellant
6887shall furnish a copy of the petition to the opposing party, as
6888the case may be, and to the local government that issued the
6889order. The filing of the petition stays the effectiveness of the
6890order until after completion of the appeal process. However, if
6891a development order approving a detailed specific area plan has
6892been challenged by an aggrieved or adversely affected party in a
6893judicial proceeding pursuant to s. 163.3215, and a party to such
6894proceeding serves notice to the state land planning agency, the
6895state land planning agency shall dismiss its appeal to the
6896commission and shall have the right to intervene in the pending
6897judicial proceeding pursuant to s. 163.3215. Proceedings for
6898administrative review of an order approving a detailed specific
6899area plan shall be conducted consistent with s. 380.07(6). The
6900commission shall issue a decision granting or denying permission
6901to develop pursuant to the long-term master plan and the
6902standards of this part and may attach conditions or restrictions
6903to its decisions.
6904     (f)(c)  This subsection does may not be construed to
6905prevent preparation and approval of the optional sector plan and
6906detailed specific area plan concurrently or in the same
6907submission.
6908     (4)  Upon the long-term master plan becoming legally
6909effective:
6910     (a)  Any long-range transportation plan developed by a
6911metropolitan planning organization pursuant to s. 339.175(7)
6912must be consistent, to the maximum extent feasible, with the
6913long-term master plan, including, but not limited to, the
6914projected population and the approved uses and densities and
6915intensities of use and their distribution within the planning
6916area. The transportation facilities identified in adopted plans
6917pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
6918in coordination with the adopted M.P.O. long-range
6919transportation plan.
6920     (b)  The water needs, sources and water resource
6921development, and water supply development projects identified in
6922adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
6923be incorporated into the applicable district and regional water
6924supply plans adopted in accordance with ss. 373.036 and 373.709.
6925Accordingly, and notwithstanding the permit durations stated in
6926s. 373.236, an applicant may request and the applicable district
6927may issue consumptive use permits for durations commensurate
6928with the long-term master plan or detailed specific area plan,
6929considering the ability of the master plan area to contribute to
6930regional water supply availability and the need to maximize
6931reasonable-beneficial use of the water resource. The permitting
6932criteria in s. 373.223 shall be applied based upon the projected
6933population and the approved densities and intensities of use and
6934their distribution in the long-term master plan; however, the
6935allocation of the water may be phased over the permit duration
6936to correspond to actual projected needs. This paragraph does not
6937supersede the public interest test set forth in s. 373.223. The
6938host local government shall submit a monitoring report to the
6939state land planning agency and applicable regional planning
6940council on an annual basis after adoption of a detailed specific
6941area plan. The annual monitoring report must provide summarized
6942information on development orders issued, development that has
6943occurred, public facility improvements made, and public facility
6944improvements anticipated over the upcoming 5 years.
6945     (5)  When a plan amendment adopting a detailed specific
6946area plan has become effective for a portion of the planning
6947area governed by a long-term master plan adopted pursuant to
6948this section under ss. 163.3184 and 163.3189(2), the provisions
6949of s. 380.06 does do not apply to development within the
6950geographic area of the detailed specific area plan. However, any
6951development-of-regional-impact development order that is vested
6952from the detailed specific area plan may be enforced pursuant to
6953under s. 380.11.
6954     (a)  The local government adopting the detailed specific
6955area plan is primarily responsible for monitoring and enforcing
6956the detailed specific area plan. Local governments may shall not
6957issue any permits or approvals or provide any extensions of
6958services to development that are not consistent with the
6959detailed specific sector area plan.
6960     (b)  If the state land planning agency has reason to
6961believe that a violation of any detailed specific area plan, or
6962of any agreement entered into under this section, has occurred
6963or is about to occur, it may institute an administrative or
6964judicial proceeding to prevent, abate, or control the conditions
6965or activity creating the violation, using the procedures in s.
6966380.11.
6967     (c)  In instituting an administrative or judicial
6968proceeding involving a an optional sector plan or detailed
6969specific area plan, including a proceeding pursuant to paragraph
6970(b), the complaining party shall comply with the requirements of
6971s. 163.3215(4), (5), (6), and (7), except as provided by
6972paragraph (3)(e).
6973     (d)  The detailed specific area plan shall establish a
6974buildout date until which the approved development is not
6975subject to downzoning, unit density reduction, or intensity
6976reduction, unless the local government can demonstrate that
6977implementation of the plan is not continuing in good faith based
6978on standards established by plan policy, that substantial
6979changes in the conditions underlying the approval of the
6980detailed specific area plan have occurred, that the detailed
6981specific area plan was based on substantially inaccurate
6982information provided by the applicant, or that the change is
6983clearly established to be essential to the public health,
6984safety, or welfare.
6985     (6)  Concurrent with or subsequent to review and adoption
6986of a long-term master plan pursuant to paragraph (3)(a), an
6987applicant may apply for master development approval pursuant to
6988s. 380.06(21) for the entire planning area in order to establish
6989a buildout date until which the approved uses and densities and
6990intensities of use of the master plan are not subject to
6991downzoning, unit density reduction, or intensity reduction,
6992unless the local government can demonstrate that implementation
6993of the master plan is not continuing in good faith based on
6994standards established by plan policy, that substantial changes
6995in the conditions underlying the approval of the master plan
6996have occurred, that the master plan was based on substantially
6997inaccurate information provided by the applicant, or that change
6998is clearly established to be essential to the public health,
6999safety, or welfare. Review of the application for master
7000development approval shall be at a level of detail appropriate
7001for the long-term and conceptual nature of the long-term master
7002plan and, to the maximum extent possible, may only consider
7003information provided in the application for a long-term master
7004plan. Notwithstanding s. 380.06, an increment of development in
7005such an approved master development plan must be approved by a
7006detailed specific area plan pursuant to paragraph (3)(b) and is
7007exempt from review pursuant to s. 380.06.
7008     (6)  Beginning December 1, 1999, and each year thereafter,
7009the department shall provide a status report to the Legislative
7010Committee on Intergovernmental Relations regarding each optional
7011sector plan authorized under this section.
7012     (7)  A developer within an area subject to a long-term
7013master plan that meets the requirements of paragraph (3)(a) and
7014subsection (6) or a detailed specific area plan that meets the
7015requirements of paragraph (3)(b) may enter into a development
7016agreement with a local government pursuant to ss. 163.3220-
7017163.3243. The duration of such a development agreement may be
7018through the planning period of the long-term master plan or the
7019detailed specific area plan, as the case may be, notwithstanding
7020the limit on the duration of a development agreement pursuant to
7021s. 163.3229.
7022     (8)  Any owner of property within the planning area of a
7023proposed long-term master plan may withdraw his consent to the
7024master plan at any time prior to local government adoption, and
7025the local government shall exclude such parcels from the adopted
7026master plan. Thereafter, the long-term master plan, any detailed
7027specific area plan, and the exemption from development-of-
7028regional-impact review under this section do not apply to the
7029subject parcels. After adoption of a long-term master plan, an
7030owner may withdraw his or her property from the master plan only
7031with the approval of the local government by plan amendment
7032adopted and reviewed pursuant to s. 163.3184.
7033     (9)  The adoption of a long-term master plan or a detailed
7034specific area plan pursuant to this section does not limit the
7035right to continue existing agricultural or silvicultural uses or
7036other natural resource-based operations or to establish similar
7037new uses that are consistent with the plans approved pursuant to
7038this section.
7039     (10)  The state land planning agency may enter into an
7040agreement with a local government that, on or before July 1,
70412011, adopted a large-area comprehensive plan amendment
7042consisting of at least 15,000 acres that meets the requirements
7043for a long-term master plan in paragraph (3)(a), after notice
7044and public hearing by the local government, and thereafter,
7045notwithstanding s. 380.06, this part, or any planning agreement
7046or plan policy, the large-area plan shall be implemented through
7047detailed specific area plans that meet the requirements of
7048paragraph (3)(b) and shall otherwise be subject to this section.
7049     (11)  Notwithstanding this section, a detailed specific
7050area plan to implement a conceptual long-term buildout overlay,
7051adopted by a local government and found in compliance before
7052July 1, 2011, shall be governed by this section.
7053     (12)  Notwithstanding s. 380.06, this part, or any planning
7054agreement or plan policy, a landowner or developer who has
7055received approval of a master development-of-regional-impact
7056development order pursuant to s. 380.06(21) may apply to
7057implement this order by filing one or more applications to
7058approve a detailed specific area plan pursuant to paragraph
7059(3)(b).
7060     (13)(7)  This section may not be construed to abrogate the
7061rights of any person under this chapter.
7062     Section 29.  Subsections (9), (12), and (14) of section
7063163.3246, Florida Statutes, are amended to read:
7064     163.3246  Local government comprehensive planning
7065certification program.-
7066     (9)(a)  Upon certification all comprehensive plan
7067amendments associated with the area certified must be adopted
7068and reviewed in the manner described in s. ss. 163.3184(5)-
7069(11)(1), (2), (7), (14), (15), and (16) and 163.3187, such that
7070state and regional agency review is eliminated. Plan amendments
7071that qualify as small scale development amendments may follow
7072the small scale review process in s. 163.3187. The department
7073may not issue any objections, recommendations, and comments
7074report on proposed plan amendments or a notice of intent on
7075adopted plan amendments; however, affected persons, as defined
7076by s. 163.3184(1)(a), may file a petition for administrative
7077review pursuant to the requirements of s. 163.3184(5)
7078163.3187(3)(a) to challenge the compliance of an adopted plan
7079amendment.
7080     (b)  Plan amendments that change the boundaries of the
7081certification area; propose a rural land stewardship area
7082pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
7083sector plan pursuant to s. 163.3245; propose a school facilities
7084element; update a comprehensive plan based on an evaluation and
7085appraisal review report; impact lands outside the certification
7086boundary; implement new statutory requirements that require
7087specific comprehensive plan amendments; or increase hurricane
7088evacuation times or the need for shelter capacity on lands
7089within the coastal high-hazard area shall be reviewed pursuant
7090to s. ss. 163.3184 and 163.3187.
7091     (12)  A local government's certification shall be reviewed
7092by the local government and the department as part of the
7093evaluation and appraisal process pursuant to s. 163.3191. Within
70941 year after the deadline for the local government to update its
7095comprehensive plan based on the evaluation and appraisal report,
7096the department shall renew or revoke the certification. The
7097local government's failure to adopt a timely evaluation and
7098appraisal report, failure to adopt an evaluation and appraisal
7099report found to be sufficient, or failure to timely adopt
7100necessary amendments to update its comprehensive plan based on
7101an evaluation and appraisal, which are report found to be in
7102compliance by the department, shall be cause for revoking the
7103certification agreement. The department's decision to renew or
7104revoke shall be considered agency action subject to challenge
7105under s. 120.569.
7106     (14)  The Office of Program Policy Analysis and Government
7107Accountability shall prepare a report evaluating the
7108certification program, which shall be submitted to the Governor,
7109the President of the Senate, and the Speaker of the House of
7110Representatives by December 1, 2007.
7111     Section 30.  Section 163.32465, Florida Statutes, is
7112repealed.
7113     Section 31.  Subsection (6) is added to section 163.3247,
7114Florida Statutes, to read:
7115     163.3247  Century Commission for a Sustainable Florida.-
7116     (6)  EXPIRATION.-This section is repealed and the
7117commission is abolished June 30, 2013.
7118     Section 32.  Section 163.3248, Florida Statutes, is created
7119to read:
7120     163.3248  Rural land stewardship areas.-
7121     (1)  Rural land stewardship areas are designed to establish
7122a long-term incentive based strategy to balance and guide the
7123allocation of land so as to accommodate future land uses in a
7124manner that protects the natural environment, stimulate economic
7125growth and diversification, and encourage the retention of land
7126for agriculture and other traditional rural land uses.
7127     (2)  Upon written request by one or more landowners of the
7128subject lands to designate lands as a rural land stewardship
7129area, or pursuant to a private-sector-initiated comprehensive
7130plan amendment filed by, or with the consent of the owners of
7131the subject lands, local governments may adopt a future land use
7132overlay to designate all or portions of lands classified in the
7133future land use element as predominantly agricultural, rural,
7134open, open-rural, or a substantively equivalent land use, as a
7135rural land stewardship area within which planning and economic
7136incentives are applied to encourage the implementation of
7137innovative and flexible planning and development strategies and
7138creative land use planning techniques to support a diverse
7139economic and employment base. The future land use overlay may
7140not require a demonstration of need based on population
7141projections or any other factors.
7142     (3)  Rural land stewardship areas may be used to further
7143the following broad principles of rural sustainability:
7144restoration and maintenance of the economic value of rural land;
7145control of urban sprawl; identification and protection of
7146ecosystems, habitats, and natural resources; promotion and
7147diversification of economic activity and employment
7148opportunities within the rural areas; maintenance of the
7149viability of the state's agricultural economy; and protection of
7150private property rights in rural areas of the state. Rural land
7151stewardship areas may be multicounty in order to encourage
7152coordinated regional stewardship planning.
7153     (4)  A local government or one or more property owners may
7154request assistance and participation in the development of a
7155plan for the rural land stewardship area from the state land
7156planning agency, the Department of Agriculture and Consumer
7157Services, the Fish and Wildlife Conservation Commission, the
7158Department of Environmental Protection, the appropriate water
7159management district, the Department of Transportation, the
7160regional planning council, private land owners, and
7161stakeholders.
7162     (5)  A rural land stewardship area shall be not less than
716310,000 acres, shall be located outside of municipalities and
7164established urban service areas, and shall be designated by plan
7165amendment by each local government with jurisdiction over the
7166rural land stewardship area. The plan amendment or amendments
7167designating a rural land stewardship area are subject to review
7168pursuant to s. 163.3184 and shall provide for the following:
7169     (a)  Criteria for the designation of receiving areas which
7170shall, at a minimum, provide for the following: adequacy of
7171suitable land to accommodate development so as to avoid conflict
7172with significant environmentally sensitive areas, resources, and
7173habitats; compatibility between and transition from higher
7174density uses to lower intensity rural uses; and the
7175establishment of receiving area service boundaries that provide
7176for a transition from receiving areas and other land uses within
7177the rural land stewardship area through limitations on the
7178extension of services.
7179     (b)  Innovative planning and development strategies to be
7180applied within rural land stewardship areas pursuant to this
7181section.
7182     (c)  A process for the implementation of innovative
7183planning and development strategies within the rural land
7184stewardship area, including those described in this subsection,
7185which provide for a functional mix of land uses through the
7186adoption by the local government of zoning and land development
7187regulations applicable to the rural land stewardship area.
7188     (d)  A mix of densities and intensities that would not be
7189characterized as urban sprawl through the use of innovative
7190strategies and creative land use techniques.
7191     (6)  A receiving area may be designated only pursuant to
7192procedures established in the local government's land
7193development regulations. If receiving area designation requires
7194the approval of the county board of county commissioners, such
7195approval shall be by resolution with a simple majority vote.
7196Before the commencement of development within a stewardship
7197receiving area, a listed species survey must be performed for
7198the area proposed for development. If listed species occur on
7199the receiving area development site, the applicant must
7200coordinate with each appropriate local, state, or federal agency
7201to determine if adequate provisions have been made to protect
7202those species in accordance with applicable regulations. In
7203determining the adequacy of provisions for the protection of
7204listed species and their habitats, the rural land stewardship
7205area shall be considered as a whole, and the potential impacts
7206and protective measures taken within areas to be developed as
7207receiving areas shall be considered in conjunction with and
7208compensated by lands set aside and protective measures taken
7209within the designated sending areas.
7210     (7)  Upon the adoption of a plan amendment creating a rural
7211land stewardship area, the local government shall, by ordinance,
7212establish a rural land stewardship overlay zoning district,
7213which shall provide the methodology for the creation,
7214conveyance, and use of transferable rural land use credits,
7215hereinafter referred to as stewardship credits, the assignment
7216and application of which does not constitute a right to develop
7217land or increase the density of land, except as provided by this
7218section. The total amount of stewardship credits within the
7219rural land stewardship area must enable the realization of the
7220long-term vision and goals for the rural land stewardship area,
7221which may take into consideration the anticipated effect of the
7222proposed receiving areas. The estimated amount of receiving area
7223shall be projected based on available data, and the development
7224potential represented by the stewardship credits created within
7225the rural land stewardship area must correlate to that amount.
7226     (8)  Stewardship credits are subject to the following
7227limitations:
7228     (a)  Stewardship credits may exist only within a rural land
7229stewardship area.
7230     (b)  Stewardship credits may be created only from lands
7231designated as stewardship sending areas and may be used only on
7232lands designated as stewardship receiving areas and then solely
7233for the purpose of implementing innovative planning and
7234development strategies and creative land use planning techniques
7235adopted by the local government pursuant to this section.
7236     (c)  Stewardship credits assigned to a parcel of land
7237within a rural land stewardship area shall cease to exist if the
7238parcel of land is removed from the rural land stewardship area
7239by plan amendment.
7240     (d)  Neither the creation of the rural land stewardship
7241area by plan amendment nor the adoption of the rural land
7242stewardship zoning overlay district by the local government may
7243displace the underlying permitted uses or the density or
7244intensity of land uses assigned to a parcel of land within the
7245rural land stewardship area that existed before adoption of the
7246plan amendment or zoning overlay district; however, once
7247stewardship credits have been transferred from a designated
7248sending area for use within a designated receiving area, the
7249underlying density assigned to the designated sending area
7250ceases to exist.
7251     (e)  The underlying permitted uses, density, or intensity
7252on each parcel of land located within a rural land stewardship
7253area may not be increased or decreased by the local government,
7254except as a result of the conveyance or stewardship credits, as
7255long as the parcel remains within the rural land stewardship
7256area.
7257     (f)  Stewardship credits shall cease to exist on a parcel
7258of land where the underlying density assigned to the parcel of
7259land is used.
7260     (g)  An increase in the density or intensity of use on a
7261parcel of land located within a designated receiving area may
7262occur only through the assignment or use of stewardship credits
7263and do not require a plan amendment. A change in the type of
7264agricultural use on property within a rural land stewardship
7265area is not considered a change in use or intensity of use and
7266does not require any transfer of stewardship credits.
7267     (h)  A change in the density or intensity of land use on
7268parcels located within receiving areas shall be specified in a
7269development order that reflects the total number of stewardship
7270credits assigned to the parcel of land and the infrastructure
7271and support services necessary to provide for a functional mix
7272of land uses corresponding to the plan of development.
7273     (i)  Land within a rural land stewardship area may be
7274removed from the rural land stewardship area through a plan
7275amendment.
7276     (j)  Stewardship credits may be assigned at different
7277ratios of credits per acre according to the natural resource or
7278other beneficial use characteristics of the land and according
7279to the land use remaining after the transfer of credits, with
7280the highest number of credits per acre assigned to the most
7281environmentally valuable land or, in locations where the
7282retention of open space and agricultural land is a priority, to
7283such lands.
7284     (k)  Stewardship credits may be transferred from a sending
7285area only after a stewardship easement is placed on the sending
7286area land with assigned stewardship credits. A stewardship
7287easement is a covenant or restrictive easement running with the
7288land which specifies the allowable uses and development
7289restrictions for the portion of a sending area from which
7290stewardship credits have been transferred. The stewardship
7291easement must be jointly held by the county and the Department
7292of Environmental Protection, the Department of Agriculture and
7293Consumer Services, a water management district, or a recognized
7294statewide land trust.
7295     (9)  Owners of land within rural land stewardship sending
7296areas should be provided other incentives, in addition to the
7297use or conveyance of stewardship credits, to enter into rural
7298land stewardship agreements, pursuant to existing law and rules
7299adopted thereto, with state agencies, water management
7300districts, the Fish and Wildlife Conservation Commission, and
7301local governments to achieve mutually agreed upon objectives.
7302Such incentives may include, but are not limited to, the
7303following:
7304     (a)  Opportunity to accumulate transferable wetland and
7305species habitat mitigation credits for use or sale.
7306     (b)  Extended permit agreements.
7307     (c)  Opportunities for recreational leases and ecotourism.
7308     (d)  Compensation for the achievement of specified land
7309management activities of public benefit, including, but not
7310limited to, facility siting and corridors, recreational leases,
7311water conservation and storage, water reuse, wastewater
7312recycling, water supply and water resource development, nutrient
7313reduction, environmental restoration and mitigation, public
7314recreation, listed species protection and recovery, and wildlife
7315corridor management and enhancement.
7316     (e)  Option agreements for sale to public entities or
7317private land conservation entities, in either fee or easement,
7318upon achievement of specified conservation objectives.
7319     (10)  This section constitutes an overlay of land use
7320options that provide economic and regulatory incentives for
7321landowners outside of established and planned urban service
7322areas to conserve and manage vast areas of land for the benefit
7323of the state's citizens and natural environment while
7324maintaining and enhancing the asset value of their landholdings.
7325It is the intent of the Legislature that this section be
7326implemented pursuant to law and rulemaking is not authorized.
7327     (11)  It is the intent of the Legislature that the rural
7328land stewardship area located in Collier County, which was
7329established pursuant to the requirements of a final order by the
7330Governor and Cabinet, duly adopted as a growth management plan
7331amendment by Collier County, and found in compliance with this
7332chapter, be recognized as a statutory rural land stewardship
7333area and be afforded the incentives in this section.
7334     Section 33.  Paragraph (a) of subsection (2) of section
7335163.360, Florida Statutes, is amended to read:
7336     163.360  Community redevelopment plans.-
7337     (2)  The community redevelopment plan shall:
7338     (a)  Conform to the comprehensive plan for the county or
7339municipality as prepared by the local planning agency under the
7340Community Local Government Comprehensive Planning and Land
7341Development Regulation Act.
7342     Section 34.  Paragraph (a) of subsection (3) and subsection
7343(8) of section 163.516, Florida Statutes, are amended to read:
7344     163.516  Safe neighborhood improvement plans.-
7345     (3)  The safe neighborhood improvement plan shall:
7346     (a)  Be consistent with the adopted comprehensive plan for
7347the county or municipality pursuant to the Community Local
7348Government Comprehensive Planning and Land Development
7349Regulation Act. No district plan shall be implemented unless the
7350local governing body has determined said plan is consistent.
7351     (8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7352the governing body of a municipality or county shall hold two
7353public hearings to consider the board-adopted safe neighborhood
7354improvement plan as an amendment or modification to the
7355municipality's or county's adopted local comprehensive plan.
7356     Section 35.  Paragraph (f) of subsection (6), subsection
7357(9), and paragraph (c) of subsection (11) of section 171.203,
7358Florida Statutes, are amended to read:
7359     171.203  Interlocal service boundary agreement.-The
7360governing body of a county and one or more municipalities or
7361independent special districts within the county may enter into
7362an interlocal service boundary agreement under this part. The
7363governing bodies of a county, a municipality, or an independent
7364special district may develop a process for reaching an
7365interlocal service boundary agreement which provides for public
7366participation in a manner that meets or exceeds the requirements
7367of subsection (13), or the governing bodies may use the process
7368established in this section.
7369     (6)  An interlocal service boundary agreement may address
7370any issue concerning service delivery, fiscal responsibilities,
7371or boundary adjustment. The agreement may include, but need not
7372be limited to, provisions that:
7373     (f)  Establish a process for land use decisions consistent
7374with part II of chapter 163, including those made jointly by the
7375governing bodies of the county and the municipality, or allow a
7376municipality to adopt land use changes consistent with part II
7377of chapter 163 for areas that are scheduled to be annexed within
7378the term of the interlocal agreement; however, the county
7379comprehensive plan and land development regulations shall
7380control until the municipality annexes the property and amends
7381its comprehensive plan accordingly. Comprehensive plan
7382amendments to incorporate the process established by this
7383paragraph are exempt from the twice-per-year limitation under s.
7384163.3187.
7385     (9)  Each local government that is a party to the
7386interlocal service boundary agreement shall amend the
7387intergovernmental coordination element of its comprehensive
7388plan, as described in s. 163.3177(6)(h)1., no later than 6
7389months following entry of the interlocal service boundary
7390agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7391required by this subsection are exempt from the twice-per-year
7392limitation under s. 163.3187.
7393     (11)
7394     (c)  Any amendment required by paragraph (a) is exempt from
7395the twice-per-year limitation under s. 163.3187.
7396     Section 36.  Section 186.513, Florida Statutes, is amended
7397to read:
7398     186.513  Reports.-Each regional planning council shall
7399prepare and furnish an annual report on its activities to the
7400state land planning agency as defined in s. 163.3164(20) and the
7401local general-purpose governments within its boundaries and,
7402upon payment as may be established by the council, to any
7403interested person. The regional planning councils shall make a
7404joint report and recommendations to appropriate legislative
7405committees.
7406     Section 37.  Section 186.515, Florida Statutes, is amended
7407to read:
7408     186.515  Creation of regional planning councils under
7409chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7410186.515 is intended to repeal or limit the provisions of chapter
7411163; however, the local general-purpose governments serving as
7412voting members of the governing body of a regional planning
7413council created pursuant to ss. 186.501-186.507, 186.513, and
7414186.515 are not authorized to create a regional planning council
7415pursuant to chapter 163 unless an agency, other than a regional
7416planning council created pursuant to ss. 186.501-186.507,
7417186.513, and 186.515, is designated to exercise the powers and
7418duties in any one or more of ss. 163.3164(19) and 380.031(15);
7419in which case, such a regional planning council is also without
7420authority to exercise the powers and duties in s. 163.3164(19)
7421or s. 380.031(15).
7422     Section 38.  Subsection (1) of section 189.415, Florida
7423Statutes, is amended to read:
7424     189.415  Special district public facilities report.-
7425     (1)  It is declared to be the policy of this state to
7426foster coordination between special districts and local general-
7427purpose governments as those local general-purpose governments
7428develop comprehensive plans under the Community Local Government
7429Comprehensive Planning and Land Development Regulation Act,
7430pursuant to part II of chapter 163.
7431     Section 39.  Subsection (3) of section 190.004, Florida
7432Statutes, is amended to read:
7433     190.004  Preemption; sole authority.-
7434     (3)  The establishment of an independent community
7435development district as provided in this act is not a
7436development order within the meaning of chapter 380. All
7437governmental planning, environmental, and land development laws,
7438regulations, and ordinances apply to all development of the land
7439within a community development district. Community development
7440districts do not have the power of a local government to adopt a
7441comprehensive plan, building code, or land development code, as
7442those terms are defined in the Community Local Government
7443Comprehensive Planning and Land Development Regulation Act. A
7444district shall take no action which is inconsistent with
7445applicable comprehensive plans, ordinances, or regulations of
7446the applicable local general-purpose government.
7447     Section 40.  Paragraph (a) of subsection (1) of section
7448190.005, Florida Statutes, is amended to read:
7449     190.005  Establishment of district.-
7450     (1)  The exclusive and uniform method for the establishment
7451of a community development district with a size of 1,000 acres
7452or more shall be pursuant to a rule, adopted under chapter 120
7453by the Florida Land and Water Adjudicatory Commission, granting
7454a petition for the establishment of a community development
7455district.
7456     (a)  A petition for the establishment of a community
7457development district shall be filed by the petitioner with the
7458Florida Land and Water Adjudicatory Commission. The petition
7459shall contain:
7460     1.  A metes and bounds description of the external
7461boundaries of the district. Any real property within the
7462external boundaries of the district which is to be excluded from
7463the district shall be specifically described, and the last known
7464address of all owners of such real property shall be listed. The
7465petition shall also address the impact of the proposed district
7466on any real property within the external boundaries of the
7467district which is to be excluded from the district.
7468     2.  The written consent to the establishment of the
7469district by all landowners whose real property is to be included
7470in the district or documentation demonstrating that the
7471petitioner has control by deed, trust agreement, contract, or
7472option of 100 percent of the real property to be included in the
7473district, and when real property to be included in the district
7474is owned by a governmental entity and subject to a ground lease
7475as described in s. 190.003(14), the written consent by such
7476governmental entity.
7477     3.  A designation of five persons to be the initial members
7478of the board of supervisors, who shall serve in that office
7479until replaced by elected members as provided in s. 190.006.
7480     4.  The proposed name of the district.
7481     5.  A map of the proposed district showing current major
7482trunk water mains and sewer interceptors and outfalls if in
7483existence.
7484     6.  Based upon available data, the proposed timetable for
7485construction of the district services and the estimated cost of
7486constructing the proposed services. These estimates shall be
7487submitted in good faith but are shall not be binding and may be
7488subject to change.
7489     7.  A designation of the future general distribution,
7490location, and extent of public and private uses of land proposed
7491for the area within the district by the future land use plan
7492element of the effective local government comprehensive plan of
7493which all mandatory elements have been adopted by the applicable
7494general-purpose local government in compliance with the
7495Community Local Government Comprehensive Planning and Land
7496Development Regulation Act.
7497     8.  A statement of estimated regulatory costs in accordance
7498with the requirements of s. 120.541.
7499     Section 41.  Paragraph (i) of subsection (6) of section
7500193.501, Florida Statutes, is amended to read:
7501     193.501  Assessment of lands subject to a conservation
7502easement, environmentally endangered lands, or lands used for
7503outdoor recreational or park purposes when land development
7504rights have been conveyed or conservation restrictions have been
7505covenanted.-
7506     (6)  The following terms whenever used as referred to in
7507this section have the following meanings unless a different
7508meaning is clearly indicated by the context:
7509     (i)  "Qualified as environmentally endangered" means land
7510that has unique ecological characteristics, rare or limited
7511combinations of geological formations, or features of a rare or
7512limited nature constituting habitat suitable for fish, plants,
7513or wildlife, and which, if subject to a development moratorium
7514or one or more conservation easements or development
7515restrictions appropriate to retaining such land or water areas
7516predominantly in their natural state, would be consistent with
7517the conservation, recreation and open space, and, if applicable,
7518coastal protection elements of the comprehensive plan adopted by
7519formal action of the local governing body pursuant to s.
7520163.3161, the Community Local Government Comprehensive Planning
7521and Land Development Regulation Act; or surface waters and
7522wetlands, as determined by the methodology ratified in s.
7523373.4211.
7524     Section 42.  Subsection (15) of section 287.042, Florida
7525Statutes, is amended to read:
7526     287.042  Powers, duties, and functions.-The department
7527shall have the following powers, duties, and functions:
7528     (15)  To enter into joint agreements with governmental
7529agencies, as defined in s. 163.3164(10), for the purpose of
7530pooling funds for the purchase of commodities or information
7531technology that can be used by multiple agencies.
7532     (a)  Each agency that has been appropriated or has existing
7533funds for such purchase, shall, upon contract award by the
7534department, transfer their portion of the funds into the
7535department's Operating Trust Fund for payment by the department.
7536The funds shall be transferred by the Executive Office of the
7537Governor pursuant to the agency budget amendment request
7538provisions in chapter 216.
7539     (b)  Agencies that sign the joint agreements are
7540financially obligated for their portion of the agreed-upon
7541funds. If an agency becomes more than 90 days delinquent in
7542paying the funds, the department shall certify to the Chief
7543Financial Officer the amount due, and the Chief Financial
7544Officer shall transfer the amount due to the Operating Trust
7545Fund of the department from any of the agency's available funds.
7546The Chief Financial Officer shall report these transfers and the
7547reasons for the transfers to the Executive Office of the
7548Governor and the legislative appropriations committees.
7549     Section 43.  Subsection (4) of section 288.063, Florida
7550Statutes, is amended to read:
7551     288.063  Contracts for transportation projects.-
7552     (4)  The Office of Tourism, Trade, and Economic Development
7553may adopt criteria by which transportation projects are to be
7554reviewed and certified in accordance with s. 288.061. In
7555approving transportation projects for funding, the Office of
7556Tourism, Trade, and Economic Development shall consider factors
7557including, but not limited to, the cost per job created or
7558retained considering the amount of transportation funds
7559requested; the average hourly rate of wages for jobs created;
7560the reliance on the program as an inducement for the project's
7561location decision; the amount of capital investment to be made
7562by the business; the demonstrated local commitment; the location
7563of the project in an enterprise zone designated pursuant to s.
7564290.0055; the location of the project in a spaceport territory
7565as defined in s. 331.304; the unemployment rate of the
7566surrounding area; and the poverty rate of the community; and the
7567adoption of an economic element as part of its local
7568comprehensive plan in accordance with s. 163.3177(7)(j). The
7569Office of Tourism, Trade, and Economic Development may contact
7570any agency it deems appropriate for additional input regarding
7571the approval of projects.
7572     Section 44.  Paragraph (a) of subsection (2), subsection
7573(10), and paragraph (d) of subsection (12) of section 288.975,
7574Florida Statutes, are amended to read:
7575     288.975  Military base reuse plans.-
7576     (2)  As used in this section, the term:
7577     (a)  "Affected local government" means a local government
7578adjoining the host local government and any other unit of local
7579government that is not a host local government but that is
7580identified in a proposed military base reuse plan as providing,
7581operating, or maintaining one or more public facilities as
7582defined in s. 163.3164(24) on lands within or serving a military
7583base designated for closure by the Federal Government.
7584     (10)  Within 60 days after receipt of a proposed military
7585base reuse plan, these entities shall review and provide
7586comments to the host local government. The commencement of this
7587review period shall be advertised in newspapers of general
7588circulation within the host local government and any affected
7589local government to allow for public comment. No later than 180
7590days after receipt and consideration of all comments, and the
7591holding of at least two public hearings, the host local
7592government shall adopt the military base reuse plan. The host
7593local government shall comply with the notice requirements set
7594forth in s. 163.3184(11)(15) to ensure full public participation
7595in this planning process.
7596     (12)  Following receipt of a petition, the petitioning
7597party or parties and the host local government shall seek
7598resolution of the issues in dispute. The issues in dispute shall
7599be resolved as follows:
7600     (d)  Within 45 days after receiving the report from the
7601state land planning agency, the Administration Commission shall
7602take action to resolve the issues in dispute. In deciding upon a
7603proper resolution, the Administration Commission shall consider
7604the nature of the issues in dispute, any requests for a formal
7605administrative hearing pursuant to chapter 120, the compliance
7606of the parties with this section, the extent of the conflict
7607between the parties, the comparative hardships and the public
7608interest involved. If the Administration Commission incorporates
7609in its final order a term or condition that requires any local
7610government to amend its local government comprehensive plan, the
7611local government shall amend its plan within 60 days after the
7612issuance of the order. Such amendment or amendments shall be
7613exempt from the limitation of the frequency of plan amendments
7614contained in s. 163.3187(1), and A public hearing on such
7615amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
7616shall not be required. The final order of the Administration
7617Commission is subject to appeal pursuant to s. 120.68. If the
7618order of the Administration Commission is appealed, the time for
7619the local government to amend its plan shall be tolled during
7620the pendency of any local, state, or federal administrative or
7621judicial proceeding relating to the military base reuse plan.
7622     Section 45.  Subsection (4) of section 290.0475, Florida
7623Statutes, is amended to read:
7624     290.0475  Rejection of grant applications; penalties for
7625failure to meet application conditions.-Applications received
7626for funding under all program categories shall be rejected
7627without scoring only in the event that any of the following
7628circumstances arise:
7629     (4)  The application is not consistent with the local
7630government's comprehensive plan adopted pursuant to s.
7631163.3184(7).
7632     Section 46.  Paragraph (c) of subsection (3) of section
7633311.07, Florida Statutes, is amended to read:
7634     311.07  Florida seaport transportation and economic
7635development funding.-
7636     (3)
7637     (c)  To be eligible for consideration by the council
7638pursuant to this section, a project must be consistent with the
7639port comprehensive master plan which is incorporated as part of
7640the approved local government comprehensive plan as required by
7641s. 163.3178(2)(k) or other provisions of the Community Local
7642Government Comprehensive Planning and Land Development
7643Regulation Act, part II of chapter 163.
7644     Section 47.  Subsection (1) of section 331.319, Florida
7645Statutes, is amended to read:
7646     331.319  Comprehensive planning; building and safety
7647codes.-The board of directors may:
7648     (1)  Adopt, and from time to time review, amend,
7649supplement, or repeal, a comprehensive general plan for the
7650physical development of the area within the spaceport territory
7651in accordance with the objectives and purposes of this act and
7652consistent with the comprehensive plans of the applicable county
7653or counties and municipality or municipalities adopted pursuant
7654to the Community Local Government Comprehensive Planning and
7655Land Development Regulation Act, part II of chapter 163.
7656     Section 48.  Paragraph (e) of subsection (5) of section
7657339.155, Florida Statutes, is amended to read:
7658     339.155  Transportation planning.-
7659     (5)  ADDITIONAL TRANSPORTATION PLANS.-
7660     (e)  The regional transportation plan developed pursuant to
7661this section must, at a minimum, identify regionally significant
7662transportation facilities located within a regional
7663transportation area and contain a prioritized list of regionally
7664significant projects. The level-of-service standards for
7665facilities to be funded under this subsection shall be adopted
7666by the appropriate local government in accordance with s.
7667163.3180(10). The projects shall be adopted into the capital
7668improvements schedule of the local government comprehensive plan
7669pursuant to s. 163.3177(3).
7670     Section 49.  Paragraph (a) of subsection (4) of section
7671339.2819, Florida Statutes, is amended to read:
7672     339.2819  Transportation Regional Incentive Program.-
7673     (4)(a)  Projects to be funded with Transportation Regional
7674Incentive Program funds shall, at a minimum:
7675     1.  Support those transportation facilities that serve
7676national, statewide, or regional functions and function as an
7677integrated regional transportation system.
7678     2.  Be identified in the capital improvements element of a
7679comprehensive plan that has been determined to be in compliance
7680with part II of chapter 163, after July 1, 2005, or to implement
7681a long-term concurrency management system adopted by a local
7682government in accordance with s. 163.3180(9). Further, the
7683project shall be in compliance with local government
7684comprehensive plan policies relative to corridor management.
7685     3.  Be consistent with the Strategic Intermodal System Plan
7686developed under s. 339.64.
7687     4.  Have a commitment for local, regional, or private
7688financial matching funds as a percentage of the overall project
7689cost.
7690     Section 50.  Subsection (5) of section 369.303, Florida
7691Statutes, is amended to read:
7692     369.303  Definitions.-As used in this part:
7693     (5)  "Land development regulation" means a regulation
7694covered by the definition in s. 163.3164(23) and any of the
7695types of regulations described in s. 163.3202.
7696     Section 51.  Subsections (5) and (7) of section 369.321,
7697Florida Statutes, are amended to read:
7698     369.321  Comprehensive plan amendments.-Except as otherwise
7699expressly provided, by January 1, 2006, each local government
7700within the Wekiva Study Area shall amend its local government
7701comprehensive plan to include the following:
7702     (5)  Comprehensive plans and comprehensive plan amendments
7703adopted by the local governments to implement this section shall
7704be reviewed by the Department of Community Affairs pursuant to
7705s. 163.3184, and shall be exempt from the provisions of s.
7706163.3187(1).
7707     (7)  During the period prior to the adoption of the
7708comprehensive plan amendments required by this act, any local
7709comprehensive plan amendment adopted by a city or county that
7710applies to land located within the Wekiva Study Area shall
7711protect surface and groundwater resources and be reviewed by the
7712Department of Community Affairs, pursuant to chapter 163 and
7713chapter 9J-5, Florida Administrative Code, using best available
7714data, including the information presented to the Wekiva River
7715Basin Coordinating Committee.
7716     Section 52.  Subsection (1) of section 378.021, Florida
7717Statutes, is amended to read:
7718     378.021  Master reclamation plan.-
7719     (1)  The Department of Environmental Protection shall amend
7720the master reclamation plan that provides guidelines for the
7721reclamation of lands mined or disturbed by the severance of
7722phosphate rock prior to July 1, 1975, which lands are not
7723subject to mandatory reclamation under part II of chapter 211.
7724In amending the master reclamation plan, the Department of
7725Environmental Protection shall continue to conduct an onsite
7726evaluation of all lands mined or disturbed by the severance of
7727phosphate rock prior to July 1, 1975, which lands are not
7728subject to mandatory reclamation under part II of chapter 211.
7729The master reclamation plan when amended by the Department of
7730Environmental Protection shall be consistent with local
7731government plans prepared pursuant to the Community Local
7732Government Comprehensive Planning and Land Development
7733Regulation Act.
7734     Section 53.  Subsection (10) of section 380.031, Florida
7735Statutes, is amended to read:
7736     380.031  Definitions.-As used in this chapter:
7737     (10)  "Local comprehensive plan" means any or all local
7738comprehensive plans or elements or portions thereof prepared,
7739adopted, or amended pursuant to the Community Local Government
7740Comprehensive Planning and Land Development Regulation Act, as
7741amended.
7742     Section 54.  Paragraph (d) of subsection (2), paragraph (b)
7743of subsection (6), paragraphs (c) and (e) of subsection (19),
7744subsection (24), paragraph (e) of subsection (28), and
7745paragraphs (a), (d), and (e) of subsection (29) of section
7746380.06, Florida Statutes, are amended, and subsection (30) is
7747added to that section, to read:
7748     380.06  Developments of regional impact.-
7749     (2)  STATEWIDE GUIDELINES AND STANDARDS.-
7750     (d)  The guidelines and standards shall be applied as
7751follows:
7752     1.  Fixed thresholds.-
7753     a.  A development that is below 100 percent of all
7754numerical thresholds in the guidelines and standards shall not
7755be required to undergo development-of-regional-impact review.
7756     b.  A development that is at or above 120 percent of any
7757numerical threshold shall be required to undergo development-of-
7758regional-impact review.
7759     c.  Projects certified under s. 403.973 which create at
7760least 100 jobs and meet the criteria of the Office of Tourism,
7761Trade, and Economic Development as to their impact on an area's
7762economy, employment, and prevailing wage and skill levels that
7763are at or below 100 percent of the numerical thresholds for
7764industrial plants, industrial parks, distribution, warehousing
7765or wholesaling facilities, office development or multiuse
7766projects other than residential, as described in s.
7767380.0651(3)(c), (d), and (f)(h), are not required to undergo
7768development-of-regional-impact review.
7769     2.  Rebuttable presumption.-It shall be presumed that a
7770development that is at 100 percent or between 100 and 120
7771percent of a numerical threshold shall be required to undergo
7772development-of-regional-impact review.
7773     Section 55.  Paragraph (b) of subsection (6), paragraph (g)
7774of subsection (15), paragraphs (b), (c), and (e) of subsection
7775(19), subsection (24), paragraph (e) of subsection (28), and
7776paragraphs (a), (d), and (e) of subsection (29) of section
7777380.06, Florida Statutes, are amended, and subsection (30) is
7778added to that section, to read:
7779     (6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7780PLAN AMENDMENTS.-
7781     (b)  Any local government comprehensive plan amendments
7782related to a proposed development of regional impact, including
7783any changes proposed under subsection (19), may be initiated by
7784a local planning agency or the developer and must be considered
7785by the local governing body at the same time as the application
7786for development approval using the procedures provided for local
7787plan amendment in s. 163.3187 or s. 163.3189 and applicable
7788local ordinances, without regard to statutory or local ordinance
7789limits on the frequency of consideration of amendments to the
7790local comprehensive plan. Nothing in This paragraph does not
7791shall be deemed to require favorable consideration of a plan
7792amendment solely because it is related to a development of
7793regional impact. The procedure for processing such comprehensive
7794plan amendments is as follows:
7795     1.  If a developer seeks a comprehensive plan amendment
7796related to a development of regional impact, the developer must
7797so notify in writing the regional planning agency, the
7798applicable local government, and the state land planning agency
7799no later than the date of preapplication conference or the
7800submission of the proposed change under subsection (19).
7801     2.  When filing the application for development approval or
7802the proposed change, the developer must include a written
7803request for comprehensive plan amendments that would be
7804necessitated by the development-of-regional-impact approvals
7805sought. That request must include data and analysis upon which
7806the applicable local government can determine whether to
7807transmit the comprehensive plan amendment pursuant to s.
7808163.3184.
7809     3.  The local government must advertise a public hearing on
7810the transmittal within 30 days after filing the application for
7811development approval or the proposed change and must make a
7812determination on the transmittal within 60 days after the
7813initial filing unless that time is extended by the developer.
7814     4.  If the local government approves the transmittal,
7815procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7816followed.
7817     5.  Notwithstanding subsection (11) or subsection (19), the
7818local government may not hold a public hearing on the
7819application for development approval or the proposed change or
7820on the comprehensive plan amendments sooner than 30 days from
7821receipt of the response from the state land planning agency
7822pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7823local governments to adopt, adopt with changes, or not adopt
7824plan amendments pursuant to s. 163.3184(7) shall not apply to
7825concurrent plan amendments provided for in this subsection.
7826     6.  The local government must hear both the application for
7827development approval or the proposed change and the
7828comprehensive plan amendments at the same hearing. However, the
7829local government must take action separately on the application
7830for development approval or the proposed change and on the
7831comprehensive plan amendments.
7832     7.  Thereafter, the appeal process for the local government
7833development order must follow the provisions of s. 380.07, and
7834the compliance process for the comprehensive plan amendments
7835must follow the provisions of s. 163.3184.
7836     (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-
7837     (g)  A local government shall not issue permits for
7838development subsequent to the buildout date contained in the
7839development order unless:
7840     1.  The proposed development has been evaluated
7841cumulatively with existing development under the substantial
7842deviation provisions of subsection (19) subsequent to the
7843termination or expiration date;
7844     2.  The proposed development is consistent with an
7845abandonment of development order that has been issued in
7846accordance with the provisions of subsection (26);
7847     3.  The development of regional impact is essentially built
7848out, in that all the mitigation requirements in the development
7849order have been satisfied, all developers are in compliance with
7850all applicable terms and conditions of the development order
7851except the buildout date, and the amount of proposed development
7852that remains to be built is less than 40 20 percent of any
7853applicable development-of-regional-impact threshold; or
7854     4.  The project has been determined to be an essentially
7855built-out development of regional impact through an agreement
7856executed by the developer, the state land planning agency, and
7857the local government, in accordance with s. 380.032, which will
7858establish the terms and conditions under which the development
7859may be continued. If the project is determined to be essentially
7860built out, development may proceed pursuant to the s. 380.032
7861agreement after the termination or expiration date contained in
7862the development order without further development-of-regional-
7863impact review subject to the local government comprehensive plan
7864and land development regulations or subject to a modified
7865development-of-regional-impact analysis. As used in this
7866paragraph, an "essentially built-out" development of regional
7867impact means:
7868     a.  The developers are in compliance with all applicable
7869terms and conditions of the development order except the
7870buildout date; and
7871     b.(I)  The amount of development that remains to be built
7872is less than the substantial deviation threshold specified in
7873paragraph (19)(b) for each individual land use category, or, for
7874a multiuse development, the sum total of all unbuilt land uses
7875as a percentage of the applicable substantial deviation
7876threshold is equal to or less than 100 percent; or
7877     (II)  The state land planning agency and the local
7878government have agreed in writing that the amount of development
7879to be built does not create the likelihood of any additional
7880regional impact not previously reviewed.
7881
7882The single-family residential portions of a development may be
7883considered "essentially built out" if all of the workforce
7884housing obligations and all of the infrastructure and horizontal
7885development have been completed, at least 50 percent of the
7886dwelling units have been completed, and more than 80 percent of
7887the lots have been conveyed to third-party individual lot owners
7888or to individual builders who own no more than 40 lots at the
7889time of the determination. The mobile home park portions of a
7890development may be considered "essentially built out" if all the
7891infrastructure and horizontal development has been completed,
7892and at least 50 percent of the lots are leased to individual
7893mobile home owners.
7894     (19)  SUBSTANTIAL DEVIATIONS.-
7895     (b)  Any proposed change to a previously approved
7896development of regional impact or development order condition
7897which, either individually or cumulatively with other changes,
7898exceeds any of the following criteria shall constitute a
7899substantial deviation and shall cause the development to be
7900subject to further development-of-regional-impact review without
7901the necessity for a finding of same by the local government:
7902     1.  An increase in the number of parking spaces at an
7903attraction or recreational facility by 15 10 percent or 500 330
7904spaces, whichever is greater, or an increase in the number of
7905spectators that may be accommodated at such a facility by 15 10
7906percent or 1,500 1,100 spectators, whichever is greater.
7907     2.  A new runway, a new terminal facility, a 25-percent
7908lengthening of an existing runway, or a 25-percent increase in
7909the number of gates of an existing terminal, but only if the
7910increase adds at least three additional gates.
7911     3.  An increase in industrial development area by 10
7912percent or 35 acres, whichever is greater.
7913     4.  An increase in the average annual acreage mined by 10
7914percent or 11 acres, whichever is greater, or an increase in the
7915average daily water consumption by a mining operation by 10
7916percent or 330,000 gallons, whichever is greater. A net increase
7917in the size of the mine by 10 percent or 825 acres, whichever is
7918less. For purposes of calculating any net increases in size,
7919only additions and deletions of lands that have not been mined
7920shall be considered. An increase in the size of a heavy mineral
7921mine as defined in s. 378.403(7) will only constitute a
7922substantial deviation if the average annual acreage mined is
7923more than 550 acres and consumes more than 3.3 million gallons
7924of water per day.
7925     3.5.  An increase in land area for office development by 15
792610 percent or an increase of gross floor area of office
7927development by 15 10 percent or 100,000 66,000 gross square
7928feet, whichever is greater.
7929     4.6.  An increase in the number of dwelling units by 10
7930percent or 55 dwelling units, whichever is greater.
7931     5.7.  An increase in the number of dwelling units by 50
7932percent or 200 units, whichever is greater, provided that 15
7933percent of the proposed additional dwelling units are dedicated
7934to affordable workforce housing, subject to a recorded land use
7935restriction that shall be for a period of not less than 20 years
7936and that includes resale provisions to ensure long-term
7937affordability for income-eligible homeowners and renters and
7938provisions for the workforce housing to be commenced prior to
7939the completion of 50 percent of the market rate dwelling. For
7940purposes of this subparagraph, the term "affordable workforce
7941housing" means housing that is affordable to a person who earns
7942less than 120 percent of the area median income, or less than
7943140 percent of the area median income if located in a county in
7944which the median purchase price for a single-family existing
7945home exceeds the statewide median purchase price of a single-
7946family existing home. For purposes of this subparagraph, the
7947term "statewide median purchase price of a single-family
7948existing home" means the statewide purchase price as determined
7949in the Florida Sales Report, Single-Family Existing Homes,
7950released each January by the Florida Association of Realtors and
7951the University of Florida Real Estate Research Center.
7952     6.8.  An increase in commercial development by 60,000
795355,000 square feet of gross floor area or of parking spaces
7954provided for customers for 425 330 cars or a 10-percent increase
7955of either of these, whichever is greater.
7956     9.  An increase in hotel or motel rooms by 10 percent or 83
7957rooms, whichever is greater.
7958     7.10.  An increase in a recreational vehicle park area by
795910 percent or 110 vehicle spaces, whichever is less.
7960     8.11.  A decrease in the area set aside for open space of 5
7961percent or 20 acres, whichever is less.
7962     9.12.  A proposed increase to an approved multiuse
7963development of regional impact where the sum of the increases of
7964each land use as a percentage of the applicable substantial
7965deviation criteria is equal to or exceeds 110 percent. The
7966percentage of any decrease in the amount of open space shall be
7967treated as an increase for purposes of determining when 110
7968percent has been reached or exceeded.
7969     10.13.  A 15-percent increase in the number of external
7970vehicle trips generated by the development above that which was
7971projected during the original development-of-regional-impact
7972review.
7973     11.14.  Any change which would result in development of any
7974area which was specifically set aside in the application for
7975development approval or in the development order for
7976preservation or special protection of endangered or threatened
7977plants or animals designated as endangered, threatened, or
7978species of special concern and their habitat, any species
7979protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
7980archaeological and historical sites designated as significant by
7981the Division of Historical Resources of the Department of State.
7982The refinement of the boundaries and configuration of such areas
7983shall be considered under sub-subparagraph (e)2.j.
7984
7985The substantial deviation numerical standards in subparagraphs
79863., 6., and 5., 8., 9., and 12., excluding residential uses, and
7987in subparagraph 10. 13., are increased by 100 percent for a
7988project certified under s. 403.973 which creates jobs and meets
7989criteria established by the Office of Tourism, Trade, and
7990Economic Development as to its impact on an area's economy,
7991employment, and prevailing wage and skill levels. The
7992substantial deviation numerical standards in subparagraphs 3.,
79934. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50
7994percent for a project located wholly within an urban infill and
7995redevelopment area designated on the applicable adopted local
7996comprehensive plan future land use map and not located within
7997the coastal high hazard area.
7998     (c)  An extension of the date of buildout of a development,
7999or any phase thereof, by more than 7 years is presumed to create
8000a substantial deviation subject to further development-of-
8001regional-impact review.
8002     1.  An extension of the date of buildout, or any phase
8003thereof, of more than 5 years but not more than 7 years is
8004presumed not to create a substantial deviation. The extension of
8005the date of buildout of an areawide development of regional
8006impact by more than 5 years but less than 10 years is presumed
8007not to create a substantial deviation. These presumptions may be
8008rebutted by clear and convincing evidence at the public hearing
8009held by the local government. An extension of 5 years or less is
8010not a substantial deviation.
8011     2.  In recognition of the 2011 real estate market
8012conditions, at the option of the developer, all commencement,
8013phase, buildout, and expiration dates for projects that are
8014currently valid developments of regional impact are extended for
80154 years regardless of any previous extension. Associated
8016mitigation requirements are extended for the same period unless
8017a governmental entity notifies the developer by December 1,
80182011, that it has entered into a contract for construction of a
8019facility with some or all of development's mitigation funds
8020specified in the development order or a written agreement with
8021the developer. The 4-year extension is not a substantial
8022deviation, is not subject to further development-of-regional-
8023impact review, and may not be considered when determining
8024whether a subsequent extension is a substantial deviation under
8025this subsection. The developer must notify the local government
8026in writing by December 31, 2011, in order to receive the 4-year
8027extension.
8028
8029For the purpose of calculating when a buildout or phase date has
8030been exceeded, the time shall be tolled during the pendency of
8031administrative or judicial proceedings relating to development
8032permits. Any extension of the buildout date of a project or a
8033phase thereof shall automatically extend the commencement date
8034of the project, the termination date of the development order,
8035the expiration date of the development of regional impact, and
8036the phases thereof if applicable by a like period of time. In
8037recognition of the 2007 real estate market conditions, all
8038phase, buildout, and expiration dates for projects that are
8039developments of regional impact and under active construction on
8040July 1, 2007, are extended for 3 years regardless of any prior
8041extension. The 3-year extension is not a substantial deviation,
8042is not subject to further development-of-regional-impact review,
8043and may not be considered when determining whether a subsequent
8044extension is a substantial deviation under this subsection.
8045     (e)1.  Except for a development order rendered pursuant to
8046subsection (22) or subsection (25), a proposed change to a
8047development order that individually or cumulatively with any
8048previous change is less than any numerical criterion contained
8049in subparagraphs (b)1.-10.1.-13. and does not exceed any other
8050criterion, or that involves an extension of the buildout date of
8051a development, or any phase thereof, of less than 5 years is not
8052subject to the public hearing requirements of subparagraph
8053(f)3., and is not subject to a determination pursuant to
8054subparagraph (f)5. Notice of the proposed change shall be made
8055to the regional planning council and the state land planning
8056agency. Such notice shall include a description of previous
8057individual changes made to the development, including changes
8058previously approved by the local government, and shall include
8059appropriate amendments to the development order.
8060     2.  The following changes, individually or cumulatively
8061with any previous changes, are not substantial deviations:
8062     a.  Changes in the name of the project, developer, owner,
8063or monitoring official.
8064     b.  Changes to a setback that do not affect noise buffers,
8065environmental protection or mitigation areas, or archaeological
8066or historical resources.
8067     c.  Changes to minimum lot sizes.
8068     d.  Changes in the configuration of internal roads that do
8069not affect external access points.
8070     e.  Changes to the building design or orientation that stay
8071approximately within the approved area designated for such
8072building and parking lot, and which do not affect historical
8073buildings designated as significant by the Division of
8074Historical Resources of the Department of State.
8075     f.  Changes to increase the acreage in the development,
8076provided that no development is proposed on the acreage to be
8077added.
8078     g.  Changes to eliminate an approved land use, provided
8079that there are no additional regional impacts.
8080     h.  Changes required to conform to permits approved by any
8081federal, state, or regional permitting agency, provided that
8082these changes do not create additional regional impacts.
8083     i.  Any renovation or redevelopment of development within a
8084previously approved development of regional impact which does
8085not change land use or increase density or intensity of use.
8086     j.  Changes that modify boundaries and configuration of
8087areas described in subparagraph (b)11.14. due to science-based
8088refinement of such areas by survey, by habitat evaluation, by
8089other recognized assessment methodology, or by an environmental
8090assessment. In order for changes to qualify under this sub-
8091subparagraph, the survey, habitat evaluation, or assessment must
8092occur prior to the time a conservation easement protecting such
8093lands is recorded and must not result in any net decrease in the
8094total acreage of the lands specifically set aside for permanent
8095preservation in the final development order.
8096     k.  Any other change which the state land planning agency,
8097in consultation with the regional planning council, agrees in
8098writing is similar in nature, impact, or character to the
8099changes enumerated in sub-subparagraphs a.-j. and which does not
8100create the likelihood of any additional regional impact.
8101
8102This subsection does not require the filing of a notice of
8103proposed change but shall require an application to the local
8104government to amend the development order in accordance with the
8105local government's procedures for amendment of a development
8106order. In accordance with the local government's procedures,
8107including requirements for notice to the applicant and the
8108public, the local government shall either deny the application
8109for amendment or adopt an amendment to the development order
8110which approves the application with or without conditions.
8111Following adoption, the local government shall render to the
8112state land planning agency the amendment to the development
8113order. The state land planning agency may appeal, pursuant to s.
8114380.07(3), the amendment to the development order if the
8115amendment involves sub-subparagraph g., sub-subparagraph h.,
8116sub-subparagraph j., or sub-subparagraph k., and it believes the
8117change creates a reasonable likelihood of new or additional
8118regional impacts.
8119     3.  Except for the change authorized by sub-subparagraph
81202.f., any addition of land not previously reviewed or any change
8121not specified in paragraph (b) or paragraph (c) shall be
8122presumed to create a substantial deviation. This presumption may
8123be rebutted by clear and convincing evidence.
8124     4.  Any submittal of a proposed change to a previously
8125approved development shall include a description of individual
8126changes previously made to the development, including changes
8127previously approved by the local government. The local
8128government shall consider the previous and current proposed
8129changes in deciding whether such changes cumulatively constitute
8130a substantial deviation requiring further development-of-
8131regional-impact review.
8132     5.  The following changes to an approved development of
8133regional impact shall be presumed to create a substantial
8134deviation. Such presumption may be rebutted by clear and
8135convincing evidence.
8136     a.  A change proposed for 15 percent or more of the acreage
8137to a land use not previously approved in the development order.
8138Changes of less than 15 percent shall be presumed not to create
8139a substantial deviation.
8140     b.  Notwithstanding any provision of paragraph (b) to the
8141contrary, a proposed change consisting of simultaneous increases
8142and decreases of at least two of the uses within an authorized
8143multiuse development of regional impact which was originally
8144approved with three or more uses specified in s. 380.0651(3)(c),
8145(d), (e), and (f) and residential use.
8146     6.  If a local government agrees to a proposed change, a
8147change in the transportation proportionate share calculation and
8148mitigation plan in an adopted development order as a result of
8149recalculation of the proportionate share contribution meeting
8150the requirements of s. 163.3180(5)(h) in effect as of the date
8151of such change shall be presumed not to create a substantial
8152deviation. For purposes of this subsection, the proposed change
8153in the proportionate share calculation or mitigation plan shall
8154not be considered an additional regional transportation impact.
8155     (e)1.  Except for a development order rendered pursuant to
8156subsection (22) or subsection (25), a proposed change to a
8157development order that individually or cumulatively with any
8158previous change is less than any numerical criterion contained
8159in subparagraphs (b)1.-13. and does not exceed any other
8160criterion, or that involves an extension of the buildout date of
8161a development, or any phase thereof, of less than 5 years is not
8162subject to the public hearing requirements of subparagraph
8163(f)3., and is not subject to a determination pursuant to
8164subparagraph (f)5. Notice of the proposed change shall be made
8165to the regional planning council and the state land planning
8166agency. Such notice shall include a description of previous
8167individual changes made to the development, including changes
8168previously approved by the local government, and shall include
8169appropriate amendments to the development order.
8170     2.  The following changes, individually or cumulatively
8171with any previous changes, are not substantial deviations:
8172     a.  Changes in the name of the project, developer, owner,
8173or monitoring official.
8174     b.  Changes to a setback that do not affect noise buffers,
8175environmental protection or mitigation areas, or archaeological
8176or historical resources.
8177     c.  Changes to minimum lot sizes.
8178     d.  Changes in the configuration of internal roads that do
8179not affect external access points.
8180     e.  Changes to the building design or orientation that stay
8181approximately within the approved area designated for such
8182building and parking lot, and which do not affect historical
8183buildings designated as significant by the Division of
8184Historical Resources of the Department of State.
8185     f.  Changes to increase the acreage in the development,
8186provided that no development is proposed on the acreage to be
8187added.
8188     g.  Changes to eliminate an approved land use, provided
8189that there are no additional regional impacts.
8190     h.  Changes required to conform to permits approved by any
8191federal, state, or regional permitting agency, provided that
8192these changes do not create additional regional impacts.
8193     i.  Any renovation or redevelopment of development within a
8194previously approved development of regional impact which does
8195not change land use or increase density or intensity of use.
8196     j.  Changes that modify boundaries and configuration of
8197areas described in subparagraph (b)14. due to science-based
8198refinement of such areas by survey, by habitat evaluation, by
8199other recognized assessment methodology, or by an environmental
8200assessment. In order for changes to qualify under this sub-
8201subparagraph, the survey, habitat evaluation, or assessment must
8202occur prior to the time a conservation easement protecting such
8203lands is recorded and must not result in any net decrease in the
8204total acreage of the lands specifically set aside for permanent
8205preservation in the final development order.
8206     k.  Any other change which the state land planning agency,
8207in consultation with the regional planning council, agrees in
8208writing is similar in nature, impact, or character to the
8209changes enumerated in sub-subparagraphs a.-j. and which does not
8210create the likelihood of any additional regional impact.
8211
8212This subsection does not require the filing of a notice of
8213proposed change but shall require an application to the local
8214government to amend the development order in accordance with the
8215local government's procedures for amendment of a development
8216order. In accordance with the local government's procedures,
8217including requirements for notice to the applicant and the
8218public, the local government shall either deny the application
8219for amendment or adopt an amendment to the development order
8220which approves the application with or without conditions.
8221Following adoption, the local government shall render to the
8222state land planning agency the amendment to the development
8223order. The state land planning agency may appeal, pursuant to s.
8224380.07(3), the amendment to the development order if the
8225amendment involves sub-subparagraph g., sub-subparagraph h.,
8226sub-subparagraph j., or sub-subparagraph k., and it believes the
8227change creates a reasonable likelihood of new or additional
8228regional impacts.
8229     3.  Except for the change authorized by sub-subparagraph
82302.f., any addition of land not previously reviewed or any change
8231not specified in paragraph (b) or paragraph (c) shall be
8232presumed to create a substantial deviation. This presumption may
8233be rebutted by clear and convincing evidence.
8234     4.  Any submittal of a proposed change to a previously
8235approved development shall include a description of individual
8236changes previously made to the development, including changes
8237previously approved by the local government. The local
8238government shall consider the previous and current proposed
8239changes in deciding whether such changes cumulatively constitute
8240a substantial deviation requiring further development-of-
8241regional-impact review.
8242     5.  The following changes to an approved development of
8243regional impact shall be presumed to create a substantial
8244deviation. Such presumption may be rebutted by clear and
8245convincing evidence.
8246     a.  A change proposed for 15 percent or more of the acreage
8247to a land use not previously approved in the development order.
8248Changes of less than 15 percent shall be presumed not to create
8249a substantial deviation.
8250     b.  Notwithstanding any provision of paragraph (b) to the
8251contrary, a proposed change consisting of simultaneous increases
8252and decreases of at least two of the uses within an authorized
8253multiuse development of regional impact which was originally
8254approved with three or more uses specified in s. 380.0651(3)(c),
8255(d), and (e), and (f) and residential use.
8256     (24)  STATUTORY EXEMPTIONS.-
8257     (a)  Any proposed hospital is exempt from the provisions of
8258this section.
8259     (b)  Any proposed electrical transmission line or
8260electrical power plant is exempt from the provisions of this
8261section.
8262     (c)  Any proposed addition to an existing sports facility
8263complex is exempt from the provisions of this section if the
8264addition meets the following characteristics:
8265     1.  It would not operate concurrently with the scheduled
8266hours of operation of the existing facility.
8267     2.  Its seating capacity would be no more than 75 percent
8268of the capacity of the existing facility.
8269     3.  The sports facility complex property is owned by a
8270public body prior to July 1, 1983.
8271
8272This exemption does not apply to any pari-mutuel facility.
8273     (d)  Any proposed addition or cumulative additions
8274subsequent to July 1, 1988, to an existing sports facility
8275complex owned by a state university is exempt if the increased
8276seating capacity of the complex is no more than 30 percent of
8277the capacity of the existing facility.
8278     (e)  Any addition of permanent seats or parking spaces for
8279an existing sports facility located on property owned by a
8280public body prior to July 1, 1973, is exempt from the provisions
8281of this section if future additions do not expand existing
8282permanent seating or parking capacity more than 15 percent
8283annually in excess of the prior year's capacity.
8284     (f)  Any increase in the seating capacity of an existing
8285sports facility having a permanent seating capacity of at least
828650,000 spectators is exempt from the provisions of this section,
8287provided that such an increase does not increase permanent
8288seating capacity by more than 5 percent per year and not to
8289exceed a total of 10 percent in any 5-year period, and provided
8290that the sports facility notifies the appropriate local
8291government within which the facility is located of the increase
8292at least 6 months prior to the initial use of the increased
8293seating, in order to permit the appropriate local government to
8294develop a traffic management plan for the traffic generated by
8295the increase. Any traffic management plan shall be consistent
8296with the local comprehensive plan, the regional policy plan, and
8297the state comprehensive plan.
8298     (g)  Any expansion in the permanent seating capacity or
8299additional improved parking facilities of an existing sports
8300facility is exempt from the provisions of this section, if the
8301following conditions exist:
8302     1.a.  The sports facility had a permanent seating capacity
8303on January 1, 1991, of at least 41,000 spectator seats;
8304     b.  The sum of such expansions in permanent seating
8305capacity does not exceed a total of 10 percent in any 5-year
8306period and does not exceed a cumulative total of 20 percent for
8307any such expansions; or
8308     c.  The increase in additional improved parking facilities
8309is a one-time addition and does not exceed 3,500 parking spaces
8310serving the sports facility; and
8311     2.  The local government having jurisdiction of the sports
8312facility includes in the development order or development permit
8313approving such expansion under this paragraph a finding of fact
8314that the proposed expansion is consistent with the
8315transportation, water, sewer and stormwater drainage provisions
8316of the approved local comprehensive plan and local land
8317development regulations relating to those provisions.
8318
8319Any owner or developer who intends to rely on this statutory
8320exemption shall provide to the department a copy of the local
8321government application for a development permit. Within 45 days
8322of receipt of the application, the department shall render to
8323the local government an advisory and nonbinding opinion, in
8324writing, stating whether, in the department's opinion, the
8325prescribed conditions exist for an exemption under this
8326paragraph. The local government shall render the development
8327order approving each such expansion to the department. The
8328owner, developer, or department may appeal the local government
8329development order pursuant to s. 380.07, within 45 days after
8330the order is rendered. The scope of review shall be limited to
8331the determination of whether the conditions prescribed in this
8332paragraph exist. If any sports facility expansion undergoes
8333development-of-regional-impact review, all previous expansions
8334which were exempt under this paragraph shall be included in the
8335development-of-regional-impact review.
8336     (h)  Expansion to port harbors, spoil disposal sites,
8337navigation channels, turning basins, harbor berths, and other
8338related inwater harbor facilities of ports listed in s.
8339403.021(9)(b), port transportation facilities and projects
8340listed in s. 311.07(3)(b), and intermodal transportation
8341facilities identified pursuant to s. 311.09(3) are exempt from
8342the provisions of this section when such expansions, projects,
8343or facilities are consistent with comprehensive master plans
8344that are in compliance with the provisions of s. 163.3178.
8345     (i)  Any proposed facility for the storage of any petroleum
8346product or any expansion of an existing facility is exempt from
8347the provisions of this section.
8348     (j)  Any renovation or redevelopment within the same land
8349parcel which does not change land use or increase density or
8350intensity of use.
8351     (k)  Waterport and marina development, including dry
8352storage facilities, are exempt from the provisions of this
8353section.
8354     (l)  Any proposed development within an urban service
8355boundary established under s. 163.3177(14), which is not
8356otherwise exempt pursuant to subsection (29), is exempt from the
8357provisions of this section if the local government having
8358jurisdiction over the area where the development is proposed has
8359adopted the urban service boundary, has entered into a binding
8360agreement with jurisdictions that would be impacted and with the
8361Department of Transportation regarding the mitigation of impacts
8362on state and regional transportation facilities, and has adopted
8363a proportionate share methodology pursuant to s. 163.3180(16).
8364     (m)  Any proposed development within a rural land
8365stewardship area created under s. 163.3248 163.3177(11)(d) is
8366exempt from the provisions of this section if the local
8367government that has adopted the rural land stewardship area has
8368entered into a binding agreement with jurisdictions that would
8369be impacted and the Department of Transportation regarding the
8370mitigation of impacts on state and regional transportation
8371facilities, and has adopted a proportionate share methodology
8372pursuant to s. 163.3180(16).
8373     (n)  The establishment, relocation, or expansion of any
8374military installation as defined in s. 163.3175, is exempt from
8375this section.
8376     (o)  Any self-storage warehousing that does not allow
8377retail or other services is exempt from this section.
8378     (p)  Any proposed nursing home or assisted living facility
8379is exempt from this section.
8380     (q)  Any development identified in an airport master plan
8381and adopted into the comprehensive plan pursuant to s.
8382163.3177(6)(k) is exempt from this section.
8383     (r)  Any development identified in a campus master plan and
8384adopted pursuant to s. 1013.30 is exempt from this section.
8385     (s)  Any development in a detailed specific area plan which
8386is prepared and adopted pursuant to s. 163.3245 and adopted into
8387the comprehensive plan is exempt from this section.
8388     (t)  Any proposed solid mineral mine and any proposed
8389addition to, expansion of, or change to an existing solid
8390mineral mine is exempt from this section. Proposed changes to
8391any previously approved solid mineral mine development-of-
8392regional-impact development orders having vested rights is not
8393subject to further review or approval as a development-of-
8394regional-impact or notice-of-proposed-change review or approval
8395pursuant to subsection (19), except for those applications
8396pending as of July 1, 2011, which shall be governed by s.
8397380.115(2). Notwithstanding the foregoing, however, pursuant to
8398s. 380.115(1), previously approved solid mineral mine
8399development-of-regional-impact development orders shall continue
8400to enjoy vested rights and continue to be effective unless
8401rescinded by the developer. All local government regulations of
8402proposed solid mineral mines shall be applicable to any new
8403solid mineral mine or to any proposed addition to, expansion of,
8404or change to an existing solid mineral mine.
8405     (u)  Notwithstanding any provisions in an agreement with or
8406among a local government, regional agency, or the state land
8407planning agency or in a local government's comprehensive plan to
8408the contrary, a project no longer subject to development-of-
8409regional-impact review under revised thresholds is not required
8410to undergo such review.
8411     (v)(t)  Any development within a county with a research and
8412education authority created by special act and that is also
8413within a research and development park that is operated or
8414managed by a research and development authority pursuant to part
8415V of chapter 159 is exempt from this section.
8416
8417If a use is exempt from review as a development of regional
8418impact under paragraphs (a)-(u) (a)-(s), but will be part of a
8419larger project that is subject to review as a development of
8420regional impact, the impact of the exempt use must be included
8421in the review of the larger project, unless such exempt use
8422involves a development of regional impact that includes a
8423landowner, tenant, or user that has entered into a funding
8424agreement with the Office of Tourism, Trade, and Economic
8425Development under the Innovation Incentive Program and the
8426agreement contemplates a state award of at least $50 million.
8427     (28)  PARTIAL STATUTORY EXEMPTIONS.-
8428     (e)  The vesting provision of s. 163.3167(5)(8) relating to
8429an authorized development of regional impact does shall not
8430apply to those projects partially exempt from the development-
8431of-regional-impact review process under paragraphs (a)-(d).
8432     (29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
8433     (a)  The following are exempt from this section:
8434     1.  Any proposed development in a municipality that has an
8435average of at least 1,000 people per square mile of land area
8436and a minimum total population of at least 5,000 qualifies as a
8437dense urban land area as defined in s. 163.3164;
8438     2.  Any proposed development within a county, including the
8439municipalities located in the county, that has an average of at
8440least 1,000 people per square mile of land area qualifies as a
8441dense urban land area as defined in s. 163.3164 and that is
8442located within an urban service area as defined in s. 163.3164
8443which has been adopted into the comprehensive plan; or
8444     3.  Any proposed development within a county, including the
8445municipalities located therein, which has a population of at
8446least 900,000, that has an average of at least 1,000 people per
8447square mile of land area which qualifies as a dense urban land
8448area under s. 163.3164, but which does not have an urban service
8449area designated in the comprehensive plan; or
8450     4.  Any proposed development within a county, including the
8451municipalities located therein, which has a population of at
8452least 1 million and is located within an urban service area as
8453defined in s. 163.3164 which has been adopted into the
8454comprehensive plan.
8455
8456The Office of Economic and Demographic Research within the
8457Legislature shall annually calculate the population and density
8458criteria needed to determine which jurisdictions meet the
8459density criteria in subparagraphs 1.-4. by using the most recent
8460land area data from the decennial census conducted by the Bureau
8461of the Census of the United States Department of Commerce and
8462the latest available population estimates determined pursuant to
8463s. 186.901. If any local government has had an annexation,
8464contraction, or new incorporation, the Office of Economic and
8465Demographic Research shall determine the population density
8466using the new jurisdictional boundaries as recorded in
8467accordance with s. 171.091. The Office of Economic and
8468Demographic Research shall annually submit to the state land
8469planning agency by July 1 a list of jurisdictions that meet the
8470total population and density criteria. The state land planning
8471agency shall publish the list of jurisdictions on its Internet
8472website within 7 days after the list is received. The
8473designation of jurisdictions that meet the criteria of
8474subparagraphs 1.-4. is effective upon publication on the state
8475land planning agency's Internet website. If a municipality that
8476has previously met the criteria no longer meets the criteria,
8477the state land planning agency shall maintain the municipality
8478on the list and indicate the year the jurisdiction last met the
8479criteria. However, any proposed development of regional impact
8480not within the established boundaries of a municipality at the
8481time the municipality met the requirement must meet the
8482requirements of this section. Any county that meets the criteria
8483shall remain on the list in accordance with the provisions of
8484this section until such time as the municipality as a whole
8485meets the criteria. Any local government that was placed on the
8486list before the effective date of this act shall remain on the
8487list in accordance with the provisions of this section.
8488     (d)  A development that is located partially outside an
8489area that is exempt from the development-of-regional-impact
8490program must undergo development-of-regional-impact review
8491pursuant to this section. However, if the total acreage that is
8492included within the area exempt from development-of-regional-
8493impact review exceeds 85 percent of the total acreage and square
8494footage of the approved development of regional impact, the  
8495development-of-regional-impact development order may be
8496rescinded in both local governments pursuant to s. 380.115(1),
8497unless the portion of the development outside the exempt area
8498meets the threshold criteria of a development-of-regional-
8499impact.
8500     (e)  In an area that is exempt under paragraphs (a)-(c),
8501any previously approved development-of-regional-impact
8502development orders shall continue to be effective, but the
8503developer has the option to be governed by s. 380.115(1). A
8504pending application for development approval shall be governed
8505by s. 380.115(2). A development that has a pending application
8506for a comprehensive plan amendment and that elects not to
8507continue development-of-regional-impact review is exempt from
8508the limitation on plan amendments set forth in s. 163.3187(1)
8509for the year following the effective date of the exemption.
8510     Section 56.  Subsection (3) and paragraph (a) of subsection
8511(4) of section 380.0651, Florida Statutes, are amended to read:
8512     380.0651  Statewide guidelines and standards.-
8513     (3)  The following statewide guidelines and standards shall
8514be applied in the manner described in s. 380.06(2) to determine
8515whether the following developments shall be required to undergo
8516development-of-regional-impact review:
8517     (a)  Airports.-
8518     1.  Any of the following airport construction projects
8519shall be a development of regional impact:
8520     a.  A new commercial service or general aviation airport
8521with paved runways.
8522     b.  A new commercial service or general aviation paved
8523runway.
8524     c.  A new passenger terminal facility.
8525     2.  Lengthening of an existing runway by 25 percent or an
8526increase in the number of gates by 25 percent or three gates,
8527whichever is greater, on a commercial service airport or a
8528general aviation airport with regularly scheduled flights is a
8529development of regional impact. However, expansion of existing
8530terminal facilities at a nonhub or small hub commercial service
8531airport shall not be a development of regional impact.
8532     3.  Any airport development project which is proposed for
8533safety, repair, or maintenance reasons alone and would not have
8534the potential to increase or change existing types of aircraft
8535activity is not a development of regional impact.
8536Notwithstanding subparagraphs 1. and 2., renovation,
8537modernization, or replacement of airport airside or terminal
8538facilities that may include increases in square footage of such
8539facilities but does not increase the number of gates or change
8540the existing types of aircraft activity is not a development of
8541regional impact.
8542     (b)  Attractions and recreation facilities.-Any sports,
8543entertainment, amusement, or recreation facility, including, but
8544not limited to, a sports arena, stadium, racetrack, tourist
8545attraction, amusement park, or pari-mutuel facility, the
8546construction or expansion of which:
8547     1.  For single performance facilities:
8548     a.  Provides parking spaces for more than 2,500 cars; or
8549     b.  Provides more than 10,000 permanent seats for
8550spectators.
8551     2.  For serial performance facilities:
8552     a.  Provides parking spaces for more than 1,000 cars; or
8553     b.  Provides more than 4,000 permanent seats for
8554spectators.
8555
8556For purposes of this subsection, "serial performance facilities"
8557means those using their parking areas or permanent seating more
8558than one time per day on a regular or continuous basis.
8559     3.  For multiscreen movie theaters of at least 8 screens
8560and 2,500 seats:
8561     a.  Provides parking spaces for more than 1,500 cars; or
8562     b.  Provides more than 6,000 permanent seats for
8563spectators.
8564     (c)  Industrial plants, industrial parks, and distribution,
8565warehousing or wholesaling facilities.-Any proposed industrial,
8566manufacturing, or processing plant, or distribution,
8567warehousing, or wholesaling facility, excluding wholesaling
8568developments which deal primarily with the general public
8569onsite, under common ownership, or any proposed industrial,
8570manufacturing, or processing activity or distribution,
8571warehousing, or wholesaling activity, excluding wholesaling
8572activities which deal primarily with the general public onsite,
8573which:
8574     1.  Provides parking for more than 2,500 motor vehicles; or
8575     2.  Occupies a site greater than 320 acres.
8576     (c)(d)  Office development.-Any proposed office building or
8577park operated under common ownership, development plan, or
8578management that:
8579     1.  Encompasses 300,000 or more square feet of gross floor
8580area; or
8581     2.  Encompasses more than 600,000 square feet of gross
8582floor area in a county with a population greater than 500,000
8583and only in a geographic area specifically designated as highly
8584suitable for increased threshold intensity in the approved local
8585comprehensive plan.
8586     (d)(e)  Retail and service development.-Any proposed
8587retail, service, or wholesale business establishment or group of
8588establishments which deals primarily with the general public
8589onsite, operated under one common property ownership,
8590development plan, or management that:
8591     1.  Encompasses more than 400,000 square feet of gross
8592area; or
8593     2.  Provides parking spaces for more than 2,500 cars.
8594     (f)  Hotel or motel development.-
8595     1.  Any proposed hotel or motel development that is planned
8596to create or accommodate 350 or more units; or
8597     2.  Any proposed hotel or motel development that is planned
8598to create or accommodate 750 or more units, in a county with a
8599population greater than 500,000.
8600     (e)(g)  Recreational vehicle development.-Any proposed
8601recreational vehicle development planned to create or
8602accommodate 500 or more spaces.
8603     (f)(h)  Multiuse development.-Any proposed development with
8604two or more land uses where the sum of the percentages of the
8605appropriate thresholds identified in chapter 28-24, Florida
8606Administrative Code, or this section for each land use in the
8607development is equal to or greater than 145 percent. Any
8608proposed development with three or more land uses, one of which
8609is residential and contains at least 100 dwelling units or 15
8610percent of the applicable residential threshold, whichever is
8611greater, where the sum of the percentages of the appropriate
8612thresholds identified in chapter 28-24, Florida Administrative
8613Code, or this section for each land use in the development is
8614equal to or greater than 160 percent. This threshold is in
8615addition to, and does not preclude, a development from being
8616required to undergo development-of-regional-impact review under
8617any other threshold.
8618     (g)(i)  Residential development.-No rule may be adopted
8619concerning residential developments which treats a residential
8620development in one county as being located in a less populated
8621adjacent county unless more than 25 percent of the development
8622is located within 2 or less miles of the less populated adjacent
8623county. The residential thresholds of adjacent counties with
8624less population and a lower threshold shall not be controlling
8625on any development wholly located within areas designated as
8626rural areas of critical economic concern.
8627     (h)(j)  Workforce housing.-The applicable guidelines for
8628residential development and the residential component for
8629multiuse development shall be increased by 50 percent where the
8630developer demonstrates that at least 15 percent of the total
8631residential dwelling units authorized within the development of
8632regional impact will be dedicated to affordable workforce
8633housing, subject to a recorded land use restriction that shall
8634be for a period of not less than 20 years and that includes
8635resale provisions to ensure long-term affordability for income-
8636eligible homeowners and renters and provisions for the workforce
8637housing to be commenced prior to the completion of 50 percent of
8638the market rate dwelling. For purposes of this paragraph, the
8639term "affordable workforce housing" means housing that is
8640affordable to a person who earns less than 120 percent of the
8641area median income, or less than 140 percent of the area median
8642income if located in a county in which the median purchase price
8643for a single-family existing home exceeds the statewide median
8644purchase price of a single-family existing home. For the
8645purposes of this paragraph, the term "statewide median purchase
8646price of a single-family existing home" means the statewide
8647purchase price as determined in the Florida Sales Report,
8648Single-Family Existing Homes, released each January by the
8649Florida Association of Realtors and the University of Florida
8650Real Estate Research Center.
8651     (i)(k)  Schools.-
8652     1.  The proposed construction of any public, private, or
8653proprietary postsecondary educational campus which provides for
8654a design population of more than 5,000 full-time equivalent
8655students, or the proposed physical expansion of any public,
8656private, or proprietary postsecondary educational campus having
8657such a design population that would increase the population by
8658at least 20 percent of the design population.
8659     2.  As used in this paragraph, "full-time equivalent
8660student" means enrollment for 15 or more quarter hours during a
8661single academic semester. In career centers or other
8662institutions which do not employ semester hours or quarter hours
8663in accounting for student participation, enrollment for 18
8664contact hours shall be considered equivalent to one quarter
8665hour, and enrollment for 27 contact hours shall be considered
8666equivalent to one semester hour.
8667     3.  This paragraph does not apply to institutions which are
8668the subject of a campus master plan adopted by the university
8669board of trustees pursuant to s. 1013.30.
8670     (4)  Two or more developments, represented by their owners
8671or developers to be separate developments, shall be aggregated
8672and treated as a single development under this chapter when they
8673are determined to be part of a unified plan of development and
8674are physically proximate to one other.
8675     (a)  The criteria of three two of the following
8676subparagraphs must be met in order for the state land planning
8677agency to determine that there is a unified plan of development:
8678     1.a.  The same person has retained or shared control of the
8679developments;
8680     b.  The same person has ownership or a significant legal or
8681equitable interest in the developments; or
8682     c.  There is common management of the developments
8683controlling the form of physical development or disposition of
8684parcels of the development.
8685     2.  There is a reasonable closeness in time between the
8686completion of 80 percent or less of one development and the
8687submission to a governmental agency of a master plan or series
8688of plans or drawings for the other development which is
8689indicative of a common development effort.
8690     3.  A master plan or series of plans or drawings exists
8691covering the developments sought to be aggregated which have
8692been submitted to a local general-purpose government, water
8693management district, the Florida Department of Environmental
8694Protection, or the Division of Florida Condominiums, Timeshares,
8695and Mobile Homes for authorization to commence development. The
8696existence or implementation of a utility's master utility plan
8697required by the Public Service Commission or general-purpose
8698local government or a master drainage plan shall not be the sole
8699determinant of the existence of a master plan.
8700     4.  The voluntary sharing of infrastructure that is
8701indicative of a common development effort or is designated
8702specifically to accommodate the developments sought to be
8703aggregated, except that which was implemented because it was
8704required by a local general-purpose government; water management
8705district; the Department of Environmental Protection; the
8706Division of Florida Condominiums, Timeshares, and Mobile Homes;
8707or the Public Service Commission.
8708     4.5.  There is a common advertising scheme or promotional
8709plan in effect for the developments sought to be aggregated.
8710     Section 57.  Subsection (17) of section 331.303, Florida
8711Statutes, is amended to read:
8712     331.303  Definitions.-
8713     (17)  "Spaceport launch facilities" means industrial
8714facilities as described in s. 380.0651(3)(c), Florida Statutes
87152010, and include any launch pad, launch control center, and
8716fixed launch-support equipment.
8717     Section 58.  Subsection (1) of section 380.115, Florida
8718Statutes, is amended to read:
8719     380.115  Vested rights and duties; effect of size
8720reduction, changes in guidelines and standards.-
8721     (1)  A change in a development-of-regional-impact guideline
8722and standard does not abridge or modify any vested or other
8723right or any duty or obligation pursuant to any development
8724order or agreement that is applicable to a development of
8725regional impact. A development that has received a development-
8726of-regional-impact development order pursuant to s. 380.06, but
8727is no longer required to undergo development-of-regional-impact
8728review by operation of a change in the guidelines and standards
8729or has reduced its size below the thresholds in s. 380.0651, or
8730a development that is exempt pursuant to s. 380.06(29) shall be
8731governed by the following procedures:
8732     (a)  The development shall continue to be governed by the
8733development-of-regional-impact development order and may be
8734completed in reliance upon and pursuant to the development order
8735unless the developer or landowner has followed the procedures
8736for rescission in paragraph (b). Any proposed changes to those
8737developments which continue to be governed by a development
8738order shall be approved pursuant to s. 380.06(19) as it existed
8739prior to a change in the development-of-regional-impact
8740guidelines and standards, except that all percentage criteria
8741shall be doubled and all other criteria shall be increased by 10
8742percent. The development-of-regional-impact development order
8743may be enforced by the local government as provided by ss.
8744380.06(17) and 380.11.
8745     (b)  If requested by the developer or landowner, the
8746development-of-regional-impact development order shall be
8747rescinded by the local government having jurisdiction upon a
8748showing that all required mitigation related to the amount of
8749development that existed on the date of rescission has been
8750completed.
8751     Section 59.  Paragraph (a) of subsection (8) of section
8752380.061, Florida Statutes, is amended to read:
8753     380.061  The Florida Quality Developments program.-
8754     (8)(a)  Any local government comprehensive plan amendments
8755related to a Florida Quality Development may be initiated by a
8756local planning agency and considered by the local governing body
8757at the same time as the application for development approval,
8758using the procedures provided for local plan amendment in s.
8759163.3187 or s. 163.3189 and applicable local ordinances, without
8760regard to statutory or local ordinance limits on the frequency
8761of consideration of amendments to the local comprehensive plan.
8762Nothing in this subsection shall be construed to require
8763favorable consideration of a Florida Quality Development solely
8764because it is related to a development of regional impact.
8765     Section 60.  Paragraph (a) of subsection (2) and subsection
8766(10) of section 380.065, Florida Statutes, are amended to read:
8767     380.065  Certification of local government review of
8768development.-
8769     (2)  When a petition is filed, the state land planning
8770agency shall have no more than 90 days to prepare and submit to
8771the Administration Commission a report and recommendations on
8772the proposed certification. In deciding whether to grant
8773certification, the Administration Commission shall determine
8774whether the following criteria are being met:
8775     (a)  The petitioning local government has adopted and
8776effectively implemented a local comprehensive plan and
8777development regulations which comply with ss. 163.3161-163.3215,
8778the Community Local Government Comprehensive Planning and Land
8779Development Regulation Act.
8780     (10)  The department shall submit an annual progress report
8781to the President of the Senate and the Speaker of the House of
8782Representatives by March 1 on the certification of local
8783governments, stating which local governments have been
8784certified. For those local governments which have applied for
8785certification but for which certification has been denied, the
8786department shall specify the reasons certification was denied.
8787     Section 61.  Section 380.0685, Florida Statutes, is amended
8788to read:
8789     380.0685  State park in area of critical state concern in
8790county which creates land authority; surcharge on admission and
8791overnight occupancy.-The Department of Environmental Protection
8792shall impose and collect a surcharge of 50 cents per person per
8793day, or $5 per annual family auto entrance permit, on admission
8794to all state parks in areas of critical state concern located in
8795a county which creates a land authority pursuant to s.
8796380.0663(1), and a surcharge of $2.50 per night per campsite,
8797cabin, or other overnight recreational occupancy unit in state
8798parks in areas of critical state concern located in a county
8799which creates a land authority pursuant to s. 380.0663(1);
8800however, no surcharge shall be imposed or collected under this
8801section for overnight use by nonprofit groups of organized group
8802camps, primitive camping areas, or other facilities intended
8803primarily for organized group use. Such surcharges shall be
8804imposed within 90 days after any county creating a land
8805authority notifies the Department of Environmental Protection
8806that the land authority has been created. The proceeds from such
8807surcharges, less a collection fee that shall be kept by the
8808Department of Environmental Protection for the actual cost of
8809collection, not to exceed 2 percent, shall be transmitted to the
8810land authority of the county from which the revenue was
8811generated. Such funds shall be used to purchase property in the
8812area or areas of critical state concern in the county from which
8813the revenue was generated. An amount not to exceed 10 percent
8814may be used for administration and other costs incident to such
8815purchases. However, the proceeds of the surcharges imposed and
8816collected pursuant to this section in a state park or parks
8817located wholly within a municipality, less the costs of
8818collection as provided herein, shall be transmitted to that
8819municipality for use by the municipality for land acquisition or
8820for beach renourishment or restoration, including, but not
8821limited to, costs associated with any design, permitting,
8822monitoring, and mitigation of such work, as well as the work
8823itself. However, these funds may not be included in any
8824calculation used for providing state matching funds for local
8825contributions for beach renourishment or restoration. The
8826surcharges levied under this section shall remain imposed as
8827long as the land authority is in existence.
8828     Section 62.  Subsection (3) of section 380.115, Florida
8829Statutes, is amended to read:
8830     380.115  Vested rights and duties; effect of size
8831reduction, changes in guidelines and standards.-
8832     (3)  A landowner that has filed an application for a
8833development-of-regional-impact review prior to the adoption of a
8834an optional sector plan pursuant to s. 163.3245 may elect to
8835have the application reviewed pursuant to s. 380.06,
8836comprehensive plan provisions in force prior to adoption of the
8837sector plan, and any requested comprehensive plan amendments
8838that accompany the application.
8839     Section 63.  Subsection (1) of section 403.50665, Florida
8840Statutes, is amended to read:
8841     403.50665  Land use consistency.-
8842     (1)  The applicant shall include in the application a
8843statement on the consistency of the site and any associated
8844facilities that constitute a "development," as defined in s.
8845380.04, with existing land use plans and zoning ordinances that
8846were in effect on the date the application was filed and a full
8847description of such consistency. This information shall include
8848an identification of those associated facilities that the
8849applicant believes are exempt from the requirements of land use
8850plans and zoning ordinances under the provisions of the
8851Community Local Government Comprehensive Planning and Land
8852Development Regulation Act provisions of chapter 163 and s.
8853380.04(3).
8854     Section 64.  Subsection (13) and paragraph (a) of
8855subsection (14) of section 403.973, Florida Statutes, are
8856amended to read:
8857     403.973  Expedited permitting; amendments to comprehensive
8858plans.-
8859     (13)  Notwithstanding any other provisions of law:
8860     (a)  Local comprehensive plan amendments for projects
8861qualified under this section are exempt from the twice-a-year
8862limits provision in s. 163.3187; and
8863     (b)  Projects qualified under this section are not subject
8864to interstate highway level-of-service standards adopted by the
8865Department of Transportation for concurrency purposes. The
8866memorandum of agreement specified in subsection (5) must include
8867a process by which the applicant will be assessed a fair share
8868of the cost of mitigating the project's significant traffic
8869impacts, as defined in chapter 380 and related rules. The
8870agreement must also specify whether the significant traffic
8871impacts on the interstate system will be mitigated through the
8872implementation of a project or payment of funds to the
8873Department of Transportation. Where funds are paid, the
8874Department of Transportation must include in the 5-year work
8875program transportation projects or project phases, in an amount
8876equal to the funds received, to mitigate the traffic impacts
8877associated with the proposed project.
8878     (14)(a)  Challenges to state agency action in the expedited
8879permitting process for projects processed under this section are
8880subject to the summary hearing provisions of s. 120.574, except
8881that the administrative law judge's decision, as provided in s.
8882120.574(2)(f), shall be in the form of a recommended order and
8883do shall not constitute the final action of the state agency. In
8884those proceedings where the action of only one agency of the
8885state other than the Department of Environmental Protection is
8886challenged, the agency of the state shall issue the final order
8887within 45 working days after receipt of the administrative law
8888judge's recommended order, and the recommended order shall
8889inform the parties of their right to file exceptions or
8890responses to the recommended order in accordance with the
8891uniform rules of procedure pursuant to s. 120.54. In those
8892proceedings where the actions of more than one agency of the
8893state are challenged, the Governor shall issue the final order
8894within 45 working days after receipt of the administrative law
8895judge's recommended order, and the recommended order shall
8896inform the parties of their right to file exceptions or
8897responses to the recommended order in accordance with the
8898uniform rules of procedure pursuant to s. 120.54. This paragraph
8899does not apply to the issuance of department licenses required
8900under any federally delegated or approved permit program. In
8901such instances, the department shall enter the final order. The
8902participating agencies of the state may opt at the preliminary
8903hearing conference to allow the administrative law judge's
8904decision to constitute the final agency action. If a
8905participating local government agrees to participate in the
8906summary hearing provisions of s. 120.574 for purposes of review
8907of local government comprehensive plan amendments, s.
8908163.3184(9) and (10) apply.
8909     Section 65.  Subsections (9) and (10) of section 420.5095,
8910Florida Statutes, are amended to read:
8911     420.5095  Community Workforce Housing Innovation Pilot
8912Program.-
8913     (9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
8914local government comprehensive plan amendment to implement a
8915Community Workforce Housing Innovation Pilot Program project
8916found consistent with the provisions of this section shall be
8917expedited as provided in this subsection. At least 30 days prior
8918to adopting a plan amendment under this subsection, the local
8919government shall notify the state land planning agency of its
8920intent to adopt such an amendment, and the notice shall include
8921its evaluation related to site suitability and availability of
8922facilities and services. The public notice of the hearing
8923required by s. 163.3184(11)(15)(b)2. shall include a statement
8924that the local government intends to use the expedited adoption
8925process authorized by this subsection. Such amendments shall
8926require only a single public hearing before the governing board,
8927which shall be an adoption hearing as described in s.
8928163.3184(4)(e)(7). The state land planning agency shall issue
8929its notice of intent pursuant to s. 163.3184(8) within 30 days
8930after determining that the amendment package is complete. Any
8931further proceedings shall be governed by s. ss. 163.3184(5)-
8932(13)(9)-(16). Amendments proposed under this section are not
8933subject to s. 163.3187(1), which limits the adoption of a
8934comprehensive plan amendment to no more than two times during
8935any calendar year.
8936     (10)  The processing of approvals of development orders or
8937development permits, as defined in s. 163.3164(7) and (8), for
8938innovative community workforce housing projects shall be
8939expedited.
8940     Section 66.  Subsection (5) of section 420.615, Florida
8941Statutes, is amended to read:
8942     420.615  Affordable housing land donation density bonus
8943incentives.-
8944     (5)  The local government, as part of the approval process,
8945shall adopt a comprehensive plan amendment, pursuant to part II
8946of chapter 163, for the receiving land that incorporates the
8947density bonus. Such amendment shall be adopted in the manner as
8948required for small-scale amendments pursuant to s. 163.3187, is
8949not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8950and is exempt from the limitation on the frequency of plan
8951amendments as provided in s. 163.3187.
8952     Section 67.  Subsection (16) of section 420.9071, Florida
8953Statutes, is amended to read:
8954     420.9071  Definitions.-As used in ss. 420.907-420.9079, the
8955term:
8956     (16)  "Local housing incentive strategies" means local
8957regulatory reform or incentive programs to encourage or
8958facilitate affordable housing production, which include at a
8959minimum, assurance that permits as defined in s. 163.3164(7) and
8960(8) for affordable housing projects are expedited to a greater
8961degree than other projects; an ongoing process for review of
8962local policies, ordinances, regulations, and plan provisions
8963that increase the cost of housing prior to their adoption; and a
8964schedule for implementing the incentive strategies. Local
8965housing incentive strategies may also include other regulatory
8966reforms, such as those enumerated in s. 420.9076 or those
8967recommended by the affordable housing advisory committee in its
8968triennial evaluation of the implementation of affordable housing
8969incentives, and adopted by the local governing body.
8970     Section 68.  Paragraph (a) of subsection (4) of section
8971420.9076, Florida Statutes, is amended to read:
8972     420.9076  Adoption of affordable housing incentive
8973strategies; committees.-
8974     (4)  Triennially, the advisory committee shall review the
8975established policies and procedures, ordinances, land
8976development regulations, and adopted local government
8977comprehensive plan of the appointing local government and shall
8978recommend specific actions or initiatives to encourage or
8979facilitate affordable housing while protecting the ability of
8980the property to appreciate in value. The recommendations may
8981include the modification or repeal of existing policies,
8982procedures, ordinances, regulations, or plan provisions; the
8983creation of exceptions applicable to affordable housing; or the
8984adoption of new policies, procedures, regulations, ordinances,
8985or plan provisions, including recommendations to amend the local
8986government comprehensive plan and corresponding regulations,
8987ordinances, and other policies. At a minimum, each advisory
8988committee shall submit a report to the local governing body that
8989includes recommendations on, and triennially thereafter
8990evaluates the implementation of, affordable housing incentives
8991in the following areas:
8992     (a)  The processing of approvals of development orders or
8993permits, as defined in s. 163.3164(7) and (8), for affordable
8994housing projects is expedited to a greater degree than other
8995projects.
8996
8997The advisory committee recommendations may also include other
8998affordable housing incentives identified by the advisory
8999committee. Local governments that receive the minimum allocation
9000under the State Housing Initiatives Partnership Program shall
9001perform the initial review but may elect to not perform the
9002triennial review.
9003     Section 69.  Subsection (1) of section 720.403, Florida
9004Statutes, is amended to read:
9005     720.403  Preservation of residential communities; revival
9006of declaration of covenants.-
9007     (1)  Consistent with required and optional elements of
9008local comprehensive plans and other applicable provisions of the
9009Community Local Government Comprehensive Planning and Land
9010Development Regulation Act, homeowners are encouraged to
9011preserve existing residential communities, promote available and
9012affordable housing, protect structural and aesthetic elements of
9013their residential community, and, as applicable, maintain roads
9014and streets, easements, water and sewer systems, utilities,
9015drainage improvements, conservation and open areas, recreational
9016amenities, and other infrastructure and common areas that serve
9017and support the residential community by the revival of a
9018previous declaration of covenants and other governing documents
9019that may have ceased to govern some or all parcels in the
9020community.
9021     Section 70.  Subsection (6) of section 1013.30, Florida
9022Statutes, is amended to read:
9023     1013.30  University campus master plans and campus
9024development agreements.-
9025     (6)  Before a campus master plan is adopted, a copy of the
9026draft master plan must be sent for review or made available
9027electronically to the host and any affected local governments,
9028the state land planning agency, the Department of Environmental
9029Protection, the Department of Transportation, the Department of
9030State, the Fish and Wildlife Conservation Commission, and the
9031applicable water management district and regional planning
9032council. At the request of a governmental entity, a hard copy of
9033the draft master plan shall be submitted within 7 business days
9034of an electronic copy being made available. These agencies must
9035be given 90 days after receipt of the campus master plans in
9036which to conduct their review and provide comments to the
9037university board of trustees. The commencement of this review
9038period must be advertised in newspapers of general circulation
9039within the host local government and any affected local
9040government to allow for public comment. Following receipt and
9041consideration of all comments and the holding of an informal
9042information session and at least two public hearings within the
9043host jurisdiction, the university board of trustees shall adopt
9044the campus master plan. It is the intent of the Legislature that
9045the university board of trustees comply with the notice
9046requirements set forth in s. 163.3184(11)(15) to ensure full
9047public participation in this planning process. The informal
9048public information session must be held before the first public
9049hearing. The first public hearing shall be held before the draft
9050master plan is sent to the agencies specified in this
9051subsection. The second public hearing shall be held in
9052conjunction with the adoption of the draft master plan by the
9053university board of trustees. Campus master plans developed
9054under this section are not rules and are not subject to chapter
9055120 except as otherwise provided in this section.
9056     Section 71.  Section 1013.33, Florida Statutes, are amended
9057to read:
9058     1013.33  Coordination of planning with local governing
9059bodies.-
9060     (1)  It is the policy of this state to require the
9061coordination of planning between boards and local governing
9062bodies to ensure that plans for the construction and opening of
9063public educational facilities are facilitated and coordinated in
9064time and place with plans for residential development,
9065concurrently with other necessary services. Such planning shall
9066include the integration of the educational facilities plan and
9067applicable policies and procedures of a board with the local
9068comprehensive plan and land development regulations of local
9069governments. The planning must include the consideration of
9070allowing students to attend the school located nearest their
9071homes when a new housing development is constructed near a
9072county boundary and it is more feasible to transport the
9073students a short distance to an existing facility in an adjacent
9074county than to construct a new facility or transport students
9075longer distances in their county of residence. The planning must
9076also consider the effects of the location of public education
9077facilities, including the feasibility of keeping central city
9078facilities viable, in order to encourage central city
9079redevelopment and the efficient use of infrastructure and to
9080discourage uncontrolled urban sprawl. In addition, all parties
9081to the planning process must consult with state and local road
9082departments to assist in implementing the Safe Paths to Schools
9083program administered by the Department of Transportation.
9084     (2)(a)  The school board, county, and nonexempt
9085municipalities located within the geographic area of a school
9086district shall enter into an interlocal agreement that jointly
9087establishes the specific ways in which the plans and processes
9088of the district school board and the local governments are to be
9089coordinated. The interlocal agreements shall be submitted to the
9090state land planning agency and the Office of Educational
9091Facilities in accordance with a schedule published by the state
9092land planning agency.
9093     (b)  The schedule must establish staggered due dates for
9094submission of interlocal agreements that are executed by both
9095the local government and district school board, commencing on
9096March 1, 2003, and concluding by December 1, 2004, and must set
9097the same date for all governmental entities within a school
9098district. However, if the county where the school district is
9099located contains more than 20 municipalities, the state land
9100planning agency may establish staggered due dates for the
9101submission of interlocal agreements by these municipalities. The
9102schedule must begin with those areas where both the number of
9103districtwide capital-outlay full-time-equivalent students equals
910480 percent or more of the current year's school capacity and the
9105projected 5-year student growth rate is 1,000 or greater, or
9106where the projected 5-year student growth rate is 10 percent or
9107greater.
9108     (c)  If the student population has declined over the 5-year
9109period preceding the due date for submittal of an interlocal
9110agreement by the local government and the district school board,
9111the local government and district school board may petition the
9112state land planning agency for a waiver of one or more of the
9113requirements of subsection (3). The waiver must be granted if
9114the procedures called for in subsection (3) are unnecessary
9115because of the school district's declining school age
9116population, considering the district's 5-year work program
9117prepared pursuant to s. 1013.35. The state land planning agency
9118may modify or revoke the waiver upon a finding that the
9119conditions upon which the waiver was granted no longer exist.
9120The district school board and local governments must submit an
9121interlocal agreement within 1 year after notification by the
9122state land planning agency that the conditions for a waiver no
9123longer exist.
9124     (d)  Interlocal agreements between local governments and
9125district school boards adopted pursuant to s. 163.3177 before
9126the effective date of subsections (2)-(7) (2)-(9) must be
9127updated and executed pursuant to the requirements of subsections
9128(2)-(7) (2)-(9), if necessary. Amendments to interlocal
9129agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
9130be submitted to the state land planning agency within 30 days
9131after execution by the parties for review consistent with
9132subsections (3) and (4). Local governments and the district
9133school board in each school district are encouraged to adopt a
9134single interlocal agreement in which all join as parties. The
9135state land planning agency shall assemble and make available
9136model interlocal agreements meeting the requirements of
9137subsections (2)-(7) (2)-(9) and shall notify local governments
9138and, jointly with the Department of Education, the district
9139school boards of the requirements of subsections (2)-(7) (2)-
9140(9), the dates for compliance, and the sanctions for
9141noncompliance. The state land planning agency shall be available
9142to informally review proposed interlocal agreements. If the
9143state land planning agency has not received a proposed
9144interlocal agreement for informal review, the state land
9145planning agency shall, at least 60 days before the deadline for
9146submission of the executed agreement, renotify the local
9147government and the district school board of the upcoming
9148deadline and the potential for sanctions.
9149     (3)  At a minimum, the interlocal agreement must address
9150interlocal agreement requirements in s. 163.31777 and, if
9151applicable, s. 163.3180(6)(13)(g), except for exempt local
9152governments as provided in s. 163.3177(12), and must address the
9153following issues:
9154     (a)  A process by which each local government and the
9155district school board agree and base their plans on consistent
9156projections of the amount, type, and distribution of population
9157growth and student enrollment. The geographic distribution of
9158jurisdiction-wide growth forecasts is a major objective of the
9159process.
9160     (b)  A process to coordinate and share information relating
9161to existing and planned public school facilities, including
9162school renovations and closures, and local government plans for
9163development and redevelopment.
9164     (c)  Participation by affected local governments with the
9165district school board in the process of evaluating potential
9166school closures, significant renovations to existing schools,
9167and new school site selection before land acquisition. Local
9168governments shall advise the district school board as to the
9169consistency of the proposed closure, renovation, or new site
9170with the local comprehensive plan, including appropriate
9171circumstances and criteria under which a district school board
9172may request an amendment to the comprehensive plan for school
9173siting.
9174     (d)  A process for determining the need for and timing of
9175onsite and offsite improvements to support new construction,
9176proposed expansion, or redevelopment of existing schools. The
9177process shall address identification of the party or parties
9178responsible for the improvements.
9179     (e)  A process for the school board to inform the local
9180government regarding the effect of comprehensive plan amendments
9181on school capacity. The capacity reporting must be consistent
9182with laws and rules regarding measurement of school facility
9183capacity and must also identify how the district school board
9184will meet the public school demand based on the facilities work
9185program adopted pursuant to s. 1013.35.
9186     (f)  Participation of the local governments in the
9187preparation of the annual update to the school board's 5-year
9188district facilities work program and educational plant survey
9189prepared pursuant to s. 1013.35.
9190     (g)  A process for determining where and how joint use of
9191either school board or local government facilities can be shared
9192for mutual benefit and efficiency.
9193     (h)  A procedure for the resolution of disputes between the
9194district school board and local governments, which may include
9195the dispute resolution processes contained in chapters 164 and
9196186.
9197     (i)  An oversight process, including an opportunity for
9198public participation, for the implementation of the interlocal
9199agreement.
9200     (4)(a)  The Office of Educational Facilities shall submit
9201any comments or concerns regarding the executed interlocal
9202agreement to the state land planning agency within 30 days after
9203receipt of the executed interlocal agreement. The state land
9204planning agency shall review the executed interlocal agreement
9205to determine whether it is consistent with the requirements of
9206subsection (3), the adopted local government comprehensive plan,
9207and other requirements of law. Within 60 days after receipt of
9208an executed interlocal agreement, the state land planning agency
9209shall publish a notice of intent in the Florida Administrative
9210Weekly and shall post a copy of the notice on the agency's
9211Internet site. The notice of intent must state that the
9212interlocal agreement is consistent or inconsistent with the
9213requirements of subsection (3) and this subsection as
9214appropriate.
9215     (b)  The state land planning agency's notice is subject to
9216challenge under chapter 120; however, an affected person, as
9217defined in s. 163.3184(1)(a), has standing to initiate the
9218administrative proceeding, and this proceeding is the sole means
9219available to challenge the consistency of an interlocal
9220agreement required by this section with the criteria contained
9221in subsection (3) and this subsection. In order to have
9222standing, each person must have submitted oral or written
9223comments, recommendations, or objections to the local government
9224or the school board before the adoption of the interlocal
9225agreement by the district school board and local government. The
9226district school board and local governments are parties to any
9227such proceeding. In this proceeding, when the state land
9228planning agency finds the interlocal agreement to be consistent
9229with the criteria in subsection (3) and this subsection, the
9230interlocal agreement must be determined to be consistent with
9231subsection (3) and this subsection if the local government's and
9232school board's determination of consistency is fairly debatable.
9233When the state land planning agency finds the interlocal
9234agreement to be inconsistent with the requirements of subsection
9235(3) and this subsection, the local government's and school
9236board's determination of consistency shall be sustained unless
9237it is shown by a preponderance of the evidence that the
9238interlocal agreement is inconsistent.
9239     (c)  If the state land planning agency enters a final order
9240that finds that the interlocal agreement is inconsistent with
9241the requirements of subsection (3) or this subsection, the state
9242land planning agency shall forward it to the Administration
9243Commission, which may impose sanctions against the local
9244government pursuant to s. 163.3184(11) and may impose sanctions
9245against the district school board by directing the Department of
9246Education to withhold an equivalent amount of funds for school
9247construction available pursuant to ss. 1013.65, 1013.68,
92481013.70, and 1013.72.
9249     (5)  If an executed interlocal agreement is not timely
9250submitted to the state land planning agency for review, the
9251state land planning agency shall, within 15 working days after
9252the deadline for submittal, issue to the local government and
9253the district school board a notice to show cause why sanctions
9254should not be imposed for failure to submit an executed
9255interlocal agreement by the deadline established by the agency.
9256The agency shall forward the notice and the responses to the
9257Administration Commission, which may enter a final order citing
9258the failure to comply and imposing sanctions against the local
9259government and district school board by directing the
9260appropriate agencies to withhold at least 5 percent of state
9261funds pursuant to s. 163.3184(11) and by directing the
9262Department of Education to withhold from the district school
9263board at least 5 percent of funds for school construction
9264available pursuant to ss. 1013.65, 1013.68, 1013.70, and
92651013.72.
9266     (6)  Any local government transmitting a public school
9267element to implement school concurrency pursuant to the
9268requirements of s. 163.3180 before the effective date of this
9269section is not required to amend the element or any interlocal
9270agreement to conform with the provisions of subsections (2)-(6)
9271(2)-(8) if the element is adopted prior to or within 1 year
9272after the effective date of subsections (2)-(6) (2)-(8) and
9273remains in effect.
9274     (7)  Except as provided in subsection (8), municipalities
9275meeting the exemption criteria in s. 163.3177(12) are exempt
9276from the requirements of subsections (2), (3), and (4).
9277     (8)  At the time of the evaluation and appraisal report,
9278each exempt municipality shall assess the extent to which it
9279continues to meet the criteria for exemption under s.
9280163.3177(12). If the municipality continues to meet these
9281criteria, the municipality shall continue to be exempt from the
9282interlocal agreement requirement. Each municipality exempt under
9283s. 163.3177(12) must comply with the provisions of subsections
9284(2)-(8) within 1 year after the district school board proposes,
9285in its 5-year district facilities work program, a new school
9286within the municipality's jurisdiction.
9287     (7)(9)  A board and the local governing body must share and
9288coordinate information related to existing and planned school
9289facilities; proposals for development, redevelopment, or
9290additional development; and infrastructure required to support
9291the school facilities, concurrent with proposed development. A
9292school board shall use information produced by the demographic,
9293revenue, and education estimating conferences pursuant to s.
9294216.136 when preparing the district educational facilities plan
9295pursuant to s. 1013.35, as modified and agreed to by the local
9296governments, when provided by interlocal agreement, and the
9297Office of Educational Facilities, in consideration of local
9298governments' population projections, to ensure that the district
9299educational facilities plan not only reflects enrollment
9300projections but also considers applicable municipal and county
9301growth and development projections. The projections must be
9302apportioned geographically with assistance from the local
9303governments using local government trend data and the school
9304district student enrollment data. A school board is precluded
9305from siting a new school in a jurisdiction where the school
9306board has failed to provide the annual educational facilities
9307plan for the prior year required pursuant to s. 1013.35 unless
9308the failure is corrected.
9309     (8)(10)  The location of educational facilities shall be
9310consistent with the comprehensive plan of the appropriate local
9311governing body developed under part II of chapter 163 and
9312consistent with the plan's implementing land development
9313regulations.
9314     (9)(11)  To improve coordination relative to potential
9315educational facility sites, a board shall provide written notice
9316to the local government that has regulatory authority over the
9317use of the land consistent with an interlocal agreement entered
9318pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
9319to acquiring or leasing property that may be used for a new
9320public educational facility. The local government, upon receipt
9321of this notice, shall notify the board within 45 days if the
9322site proposed for acquisition or lease is consistent with the
9323land use categories and policies of the local government's
9324comprehensive plan. This preliminary notice does not constitute
9325the local government's determination of consistency pursuant to
9326subsection (10) (12).
9327     (10)(12)  As early in the design phase as feasible and
9328consistent with an interlocal agreement entered pursuant to
9329subsections (2)-(6) (2)-(8), but no later than 90 days before
9330commencing construction, the district school board shall in
9331writing request a determination of consistency with the local
9332government's comprehensive plan. The local governing body that
9333regulates the use of land shall determine, in writing within 45
9334days after receiving the necessary information and a school
9335board's request for a determination, whether a proposed
9336educational facility is consistent with the local comprehensive
9337plan and consistent with local land development regulations. If
9338the determination is affirmative, school construction may
9339commence and further local government approvals are not
9340required, except as provided in this section. Failure of the
9341local governing body to make a determination in writing within
934290 days after a district school board's request for a
9343determination of consistency shall be considered an approval of
9344the district school board's application. Campus master plans and
9345development agreements must comply with the provisions of ss.
93461013.30 and 1013.63.
9347     (11)(13)  A local governing body may not deny the site
9348applicant based on adequacy of the site plan as it relates
9349solely to the needs of the school. If the site is consistent
9350with the comprehensive plan's land use policies and categories
9351in which public schools are identified as allowable uses, the
9352local government may not deny the application but it may impose
9353reasonable development standards and conditions in accordance
9354with s. 1013.51(1) and consider the site plan and its adequacy
9355as it relates to environmental concerns, health, safety and
9356welfare, and effects on adjacent property. Standards and
9357conditions may not be imposed which conflict with those
9358established in this chapter or the Florida Building Code, unless
9359mutually agreed and consistent with the interlocal agreement
9360required by subsections (2)-(6) (2)-(8).
9361     (12)(14)  This section does not prohibit a local governing
9362body and district school board from agreeing and establishing an
9363alternative process for reviewing a proposed educational
9364facility and site plan, and offsite impacts, pursuant to an
9365interlocal agreement adopted in accordance with subsections (2)-
9366(6) (2)-(8).
9367     (13)(15)  Existing schools shall be considered consistent
9368with the applicable local government comprehensive plan adopted
9369under part II of chapter 163. If a board submits an application
9370to expand an existing school site, the local governing body may
9371impose reasonable development standards and conditions on the
9372expansion only, and in a manner consistent with s. 1013.51(1).
9373Standards and conditions may not be imposed which conflict with
9374those established in this chapter or the Florida Building Code,
9375unless mutually agreed. Local government review or approval is
9376not required for:
9377     (a)  The placement of temporary or portable classroom
9378facilities; or
9379     (b)  Proposed renovation or construction on existing school
9380sites, with the exception of construction that changes the
9381primary use of a facility, includes stadiums, or results in a
9382greater than 5 percent increase in student capacity, or as
9383mutually agreed upon, pursuant to an interlocal agreement
9384adopted in accordance with subsections (2)-(6)(8).
9385     Section 72.  Paragraph (b) of subsection (2) of section
93861013.35, Florida Statutes, is amended to read:
9387     1013.35  School district educational facilities plan;
9388definitions; preparation, adoption, and amendment; long-term
9389work programs.-
9390     (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
9391FACILITIES PLAN.-
9392     (b)  The plan must also include a financially feasible
9393district facilities work program for a 5-year period. The work
9394program must include:
9395     1.  A schedule of major repair and renovation projects
9396necessary to maintain the educational facilities and ancillary
9397facilities of the district.
9398     2.  A schedule of capital outlay projects necessary to
9399ensure the availability of satisfactory student stations for the
9400projected student enrollment in K-12 programs. This schedule
9401shall consider:
9402     a.  The locations, capacities, and planned utilization
9403rates of current educational facilities of the district. The
9404capacity of existing satisfactory facilities, as reported in the
9405Florida Inventory of School Houses must be compared to the
9406capital outlay full-time-equivalent student enrollment as
9407determined by the department, including all enrollment used in
9408the calculation of the distribution formula in s. 1013.64.
9409     b.  The proposed locations of planned facilities, whether
9410those locations are consistent with the comprehensive plans of
9411all affected local governments, and recommendations for
9412infrastructure and other improvements to land adjacent to
9413existing facilities. The provisions of ss. 1013.33(10), (11),
9414and (12), (13), and (14) and 1013.36 must be addressed for new
9415facilities planned within the first 3 years of the work plan, as
9416appropriate.
9417     c.  Plans for the use and location of relocatable
9418facilities, leased facilities, and charter school facilities.
9419     d.  Plans for multitrack scheduling, grade level
9420organization, block scheduling, or other alternatives that
9421reduce the need for additional permanent student stations.
9422     e.  Information concerning average class size and
9423utilization rate by grade level within the district which will
9424result if the tentative district facilities work program is
9425fully implemented.
9426     f.  The number and percentage of district students planned
9427to be educated in relocatable facilities during each year of the
9428tentative district facilities work program. For determining
9429future needs, student capacity may not be assigned to any
9430relocatable classroom that is scheduled for elimination or
9431replacement with a permanent educational facility in the current
9432year of the adopted district educational facilities plan and in
9433the district facilities work program adopted under this section.
9434Those relocatable classrooms clearly identified and scheduled
9435for replacement in a school-board-adopted, financially feasible,
94365-year district facilities work program shall be counted at zero
9437capacity at the time the work program is adopted and approved by
9438the school board. However, if the district facilities work
9439program is changed and the relocatable classrooms are not
9440replaced as scheduled in the work program, the classrooms must
9441be reentered into the system and be counted at actual capacity.
9442Relocatable classrooms may not be perpetually added to the work
9443program or continually extended for purposes of circumventing
9444this section. All relocatable classrooms not identified and
9445scheduled for replacement, including those owned, lease-
9446purchased, or leased by the school district, must be counted at
9447actual student capacity. The district educational facilities
9448plan must identify the number of relocatable student stations
9449scheduled for replacement during the 5-year survey period and
9450the total dollar amount needed for that replacement.
9451     g.  Plans for the closure of any school, including plans
9452for disposition of the facility or usage of facility space, and
9453anticipated revenues.
9454     h.  Projects for which capital outlay and debt service
9455funds accruing under s. 9(d), Art. XII of the State Constitution
9456are to be used shall be identified separately in priority order
9457on a project priority list within the district facilities work
9458program.
9459     3.  The projected cost for each project identified in the
9460district facilities work program. For proposed projects for new
9461student stations, a schedule shall be prepared comparing the
9462planned cost and square footage for each new student station, by
9463elementary, middle, and high school levels, to the low, average,
9464and high cost of facilities constructed throughout the state
9465during the most recent fiscal year for which data is available
9466from the Department of Education.
9467     4.  A schedule of estimated capital outlay revenues from
9468each currently approved source which is estimated to be
9469available for expenditure on the projects included in the
9470district facilities work program.
9471     5.  A schedule indicating which projects included in the
9472district facilities work program will be funded from current
9473revenues projected in subparagraph 4.
9474     6.  A schedule of options for the generation of additional
9475revenues by the district for expenditure on projects identified
9476in the district facilities work program which are not funded
9477under subparagraph 5. Additional anticipated revenues may
9478include effort index grants, SIT Program awards, and Classrooms
9479First funds.
9480     Section 73.  Rules 9J-5 and 9J-11.023, Florida
9481Administrative Code, are repealed, and the Department of State
9482is directed to remove those rules from the Florida
9483Administrative Code.
9484     Section 74.  (1)  Any permit or any other authorization
9485that was extended beyond January 1, 2012, under section 14 of
9486chapter 2009-96, Laws of Florida, as reauthorized by section 47
9487of chapter 2010-147, Laws of Florida, and was ineligible for the
9488permit extension granted by section 46 of chapter 2010-147, Laws
9489of Florida, solely because of its extended expiration date, is
9490extended and renewed for an additional period of 2 years after
9491its previously scheduled expiration date. This extension is in
9492addition to the 2-year permit extension provided under section
949314 of chapter 2009-96, Laws of Florida. This section does not
9494prohibit conversion from the construction phase to the operation
9495phase upon completion of construction.
9496     (2)  The commencement and completion dates for any required
9497mitigation associated with a phased construction project shall
9498be extended such that mitigation takes place in the same
9499timeframe relative to the phase as originally permitted.
9500     (3)  The holder of a valid permit or other authorization
9501that is eligible for the 2-year extension shall notify the
9502authorizing agency in writing by December 31, 2011, identifying
9503the specific authorization for which the holder intends to use
9504the extension and the anticipated timeframe for acting on the
9505authorization.
9506     (4)  The extension provided for in subsection (1) does not
9507apply to:
9508     (a)  A permit or other authorization under any programmatic
9509or regional general permit issued by the Army Corps of
9510Engineers.
9511     (b)  A permit or other authorization held by an owner or
9512operator determined to be in significant noncompliance with the
9513conditions of the permit or authorization as established through
9514the issuance of a warning letter or notice of violation, the
9515initiation of formal enforcement, or other equivalent action by
9516the authorizing agency.
9517     (c)  A permit or other authorization, if granted an
9518extension, that would delay or prevent compliance with a court
9519order.
9520     (5)  Permits extended under this section shall continue to
9521be governed by rules in effect at the time the permit was
9522issued, except if it is demonstrated that the rules in effect at
9523the time the permit was issued would create an immediate threat
9524to public safety or health. This subsection applies to any
9525modification of the plans, terms, and conditions of the permit
9526that lessens the environmental impact, except that any such
9527modification may not extend the time limit beyond 2 additional
9528years.
9529     (6)  This section does not impair the authority of a county
9530or municipality to require the owner of a property that has
9531notified the county or municipality of the owner's intention to
9532receive the extension of time granted pursuant to this section
9533to maintain and secure the property in a safe and sanitary
9534condition in compliance with applicable laws and ordinances.
9535     Section 75.  (1)  The state land planning agency, within 60
9536days after the effective date of this act, shall review any
9537administrative or judicial proceeding filed by the agency and
9538pending on the effective date of this act to determine whether
9539the issues raised by the state land planning agency are
9540consistent with the revised provisions of part II of chapter
9541163, Florida Statutes. For each proceeding, if the agency
9542determines that issues have been raised that are not consistent
9543with the revised provisions of part II of chapter 163, Florida
9544Statutes, the agency shall dismiss the proceeding. If the state
9545land planning agency determines that one or more issues have
9546been raised that are consistent with the revised provisions of
9547part II of chapter 163, Florida Statutes, the agency shall amend
9548its petition within 30 days after the determination to plead
9549with particularity as to the manner in which the plan or plan
9550amendment fails to meet the revised provisions of part II of
9551chapter 163, Florida Statutes. If the agency fails to timely
9552file such amended petition, the proceeding shall be dismissed.
9553     (2)  In all proceedings that were initiated by the state
9554land planning agency before the effective date of this act, and
9555continue after that date, the local government's determination
9556that the comprehensive plan or plan amendment is in compliance
9557is presumed to be correct, and the local government's
9558determination shall be sustained unless it is shown by a
9559preponderance of the evidence that the comprehensive plan or
9560plan amendment is not in compliance.
9561     Section 76.  All local governments shall be governed by the
9562revised provisions of s. 163.3191, Florida Statutes,
9563notwithstanding a local government's previous failure to timely
9564adopt its evaluation and appraisal report or evaluation and
9565appraisal report-based amendments by the due dates established
9566in Rule 9J-42, Florida Administrative Code.
9567     Section 77.  The Division of Statutory Revision is directed
9568to replace the phrase "the effective date of this act" wherever
9569it occurs in this act with the date this act becomes a law.
9570     Section 78.  This act shall take effect upon becoming a
9571law.


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