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

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Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H7129 Detail]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

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CS/HB 7129

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3161, F.S.; redesignating the "Local Government
4	Comprehensive Planning and Land Development Regulation
5	Act" as the "Community Planning Act"; revising and
6	providing intent and purpose of act; amending s. 163.3164,
7	F.S.; revising definitions; amending s. 163.3167, F.S.;
8	revising scope of the act; revising and providing duties
9	of local governments and municipalities relating to
10	comprehensive plans; deleting retroactive effect; creating
11	s. 163.3168, F.S.; encouraging local governments to apply
12	for certain innovative planning tools; authorizing the
13	state land planning agency and other appropriate state and
14	regional agencies to use direct and indirect technical
15	assistance; amending s. 163.3171, F.S.; providing
16	legislative intent; amending s. 163.3174, F.S.; deleting
17	certain notice requirements relating to the establishment
18	of local planning agencies by a governing body; amending
19	s. 163.3175, F.S.; providing that certain comments,
20	underlying studies, and reports provided by a military
21	installation's commanding officer are not binding on local
22	governments; providing additional factors for local
23	government consideration in impacts to military
24	installations; clarifying requirements for adopting
25	criteria to address compatibility of lands relating to
26	military installations; amending s. 163.3177, F.S.;
27	revising and providing duties of local governments;
28	revising and providing required and optional elements of
29	comprehensive plans; revising requirements of schedules of
30	capital improvements; revising and providing provisions
31	relating to capital improvements elements; revising major
32	objectives of, and procedures relating to, the local
33	comprehensive planning process; revising and providing
34	required and optional elements of future land use plans;
35	providing required transportation elements; revising and
36	providing required conservation elements; revising and
37	providing required housing elements; revising and
38	providing required coastal management elements; revising
39	and providing required intergovernmental coordination
40	elements; amending s. 163.31777, F.S.; revising
41	requirements relating to public schools' interlocal
42	agreements; deleting duties of the Office of Educational
43	Facilities, the state land planning agency, and local
44	governments relating to such agreements; deleting an
45	exemption; amending s. 163.3178, F.S.; deleting a deadline
46	for local governments to amend coastal management elements
47	and future land use maps; amending s. 163.3180, F.S.;
48	revising and providing provisions relating to concurrency;
49	revising concurrency requirements; revising application
50	and findings; revising local government requirements;
51	revising and providing requirements relating to
52	transportation concurrency, transportation concurrency
53	exception areas, urban infill, urban redevelopment, urban
54	service, downtown revitalization areas, transportation
55	concurrency management areas, long-term transportation and
56	school concurrency management systems, development of
57	regional impact, school concurrency, service areas,
58	financial feasibility, interlocal agreements, and
59	multimodal transportation districts; revising duties of
60	the Office of Program Policy Analysis and the state land
61	planning agency; providing requirements for local plans;
62	providing for the limiting the liability of local
63	governments under certain conditions; amending s.
64	163.3182, F.S.; revising definitions; revising provisions
65	relating to transportation deficiency plans and projects;
66	amending s. 163.3184, F.S.; providing a definition;
67	providing requirements for comprehensive plans and plan
68	amendments; providing a expedited state review process for
69	adoption of comprehensive plan amendments; providing
70	requirements for the adoption of comprehensive plan
71	amendments; creating the state-coordinated review process;
72	providing and revising provisions relating to the review
73	process; revising requirements relating to local
74	government transmittal of proposed plan or amendments;
75	providing for comment by reviewing agencies; deleting
76	provisions relating to regional, county, and municipal
77	review; revising provisions relating to state land
78	planning agency review; revising provisions relating to
79	local government review of comments; deleting and revising
80	provisions relating to notice of intent and processes for
81	compliance and noncompliance; providing procedures for
82	administrative challenges to plans and plan amendments;
83	providing for compliance agreements; providing for
84	mediation and expeditious resolution; revising powers and
85	duties of the administration commission; revising
86	provisions relating to areas of critical state concern;
87	providing for concurrent zoning; amending s. 163.3187,
88	F.S.; deleting provisions relating to the amendment of
89	adopted comprehensive plan and providing the process for
90	adoption of small-scale comprehensive plan amendments;
91	repealing s. 163.3189, F.S., relating to process for
92	amendment of adopted comprehensive plan; amending s.
93	163.3191, F.S., relating to the evaluation and appraisal
94	of comprehensive plans; providing and revising local
95	government requirements including notice, amendments,
96	compliance, mediation, reports, and scoping meetings;
97	amending s. 163.3229, F.S.; revising limitations on
98	duration of development agreements; amending s. 163.3235,
99	F.S.; revising requirements for periodic reviews of a
100	development agreements; amending s. 163.3239, F.S.;
101	revising recording requirements; amending s. 163.3243,
102	F.S.; revising parties who may file an action for
103	injunctive relief; amending s. 163.3245, F.S.; revising
104	provisions relating to optional sector plans; authorizing
105	the adoption of sector plans under certain circumstances;
106	amending s. 163.3246, F.S.; revising provisions relating
107	to the local government comprehensive planning
108	certification program; conforming provisions to changes
109	made by the act; deleting reporting requirements of the
110	Office of Program Policy Analysis and Government
111	Accountability; repealing s. 163.32465, F.S., relating to
112	state review of local comprehensive plans in urban areas;
113	amending s. 163.3247, F.S.; providing for future repeal
114	and abolition of the Century Commission for a Sustainable
115	Florida; creating s. 163.3248, F.S.; providing for the
116	designation of rural land stewardship areas; providing
117	purposes and requirements for the establishment of such
118	areas; providing for the creation of rural land
119	stewardship overlay zoning district and transferable rural
120	land use credits; providing certain limitation relating to
121	such credits; providing for incentives; providing
122	eligibility for incentives; providing legislative intent;
123	amending s. 380.06, F.S.; revising requirements relating
124	to the issuance of permits for development by local
125	governments; revising criteria for the determination of
126	substantial deviation; providing for extension of certain
127	expiration dates; revising exemptions governing
128	developments of regional impact; revising provisions to
129	conform to changes made by this act; amending s. 380.0651,
130	F.S.; revising provisions relating to statewide guidelines
131	and standards for certain multiscreen movie theaters,
132	industrial plants, industrial parks, distribution,
133	warehousing and wholesaling facilities, and hotels and
134	motels; revising criteria for the determination of when to
135	treat two or more developments as a single development;
136	amending s. 331.303, F.S.; conforming a cross-reference;
137	amending s. 380.115, F.S.; subjecting certain developments
138	required to undergo development-of-regional-impact review
139	to certain procedures; amending s. 380.065, F.S.; deleting
140	certain reporting requirements; conforming provisions to
141	changes made by the act; amending s. 380.0685, F.S.,
142	relating to use of surcharges for beach renourishment and
143	restoration; repealing Rules 9J-5 and 9J-11.023, Florida
144	Administrative Code, relating to minimum criteria for
145	review of local government comprehensive plans and plan
146	amendments, evaluation and appraisal reports, land
147	development regulations, and determinations of compliance;
148	amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217,
149	163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203,
150	186.513, 189.415, 190.004, 190.005, 193.501, 287.042,
151	288.063, 288.975, 290.0475, 311.07, 331.319, 339.155,
152	339.2819, 369.303, 369.321, 378.021, 380.115, 380.031,
153	380.061, 403.50665, 403.973, 420.5095, 420.615, 420.5095,
154	420.9071, 420.9076, 720.403, 1013.30, 1013.33, and
155	1013.35, F.S.; revising provisions to conform to changes
156	made by this act; extending permits and other
157	authorizations extended under s. 14, ch. 2009-96, Laws of
158	Florida; extending certain previously granted buildout
159	dates; requiring a permitholder to notify the authorizing
160	agency of its intended use of the extension; exempting
161	certain permits from eligibility for an extension;
162	providing for applicability of rules governing permits;
163	declaring that certain provisions do not impair the
164	authority of counties and municipalities under certain
165	circumstances; requiring the state land planning agency to
166	review certain administrative and judicial proceedings;
167	providing procedures for such review; providing that all
168	local governments shall be governed by certain provisions
169	of general law; providing a directive of the Division of
170	Statutory Revision; providing an effective date.
171
172	Be It Enacted by the Legislature of the State of Florida:
173
174	Section 1.  Subsection (26) of section 70.51, Florida
175	Statutes, is amended to read:
176	70.51  Land use and environmental dispute resolution.-
177	(26)  A special magistrate's recommendation under this
178	section constitutes data in support of, and a support document
179	for, a comprehensive plan or comprehensive plan amendment, but
180	is not, in and of itself, dispositive of a determination of
181	compliance with chapter 163. Any comprehensive plan amendment
182	necessary to carry out the approved recommendation of a special
183	magistrate under this section is exempt from the twice-a-year
184	limit on plan amendments and may be adopted by the local
185	government amendments in s. 163.3184(16)(d).
186	Section 2.  Paragraphs (h) through (l) of subsection (3) of
187	section 163.06, Florida Statutes, are redesignated as paragraphs
188	(g) through (k), respectively, and present paragraph (g) of that
189	subsection is amended to read:
190	163.06  Miami River Commission.-
191	(3)  The policy committee shall have the following powers
192	and duties:
193	(g)  Coordinate a joint planning area agreement between the
194	Department of Community Affairs, the city, and the county under
195	the provisions of s. 163.3177(11)(a), (b), and (c).
196	Section 3.  Subsection (4) of section 163.2517, Florida
197	Statutes, is amended to read:
198	163.2517  Designation of urban infill and redevelopment
199	area.-
200	(4)  In order for a local government to designate an urban
201	infill and redevelopment area, it must amend its comprehensive
202	land use plan under s. 163.3187 to delineate the boundaries of
203	the urban infill and redevelopment area within the future land
204	use element of its comprehensive plan pursuant to its adopted
205	urban infill and redevelopment plan. The state land planning
206	agency shall review the boundary delineation of the urban infill
207	and redevelopment area in the future land use element under s.
208	163.3184. However, an urban infill and redevelopment plan
209	adopted by a local government is not subject to review for
210	compliance as defined by s. 163.3184(1)(b), and the local
211	government is not required to adopt the plan as a comprehensive
212	plan amendment. An amendment to the local comprehensive plan to
213	designate an urban infill and redevelopment area is exempt from
214	the twice-a-year amendment limitation of s. 163.3187.
215	Section 4.  Section 163.3161, Florida Statutes, is amended
216	to 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
220	Development Regulation Act."
221	(2)  In conformity with, and in furtherance of, the purpose
222	of the Florida Environmental Land and Water Management Act of
223	1972, chapter 380, It is the purpose of this act to utilize and
224	strengthen the existing role, processes, and powers of local
225	governments in the establishment and implementation of
226	comprehensive planning programs to guide and manage control
227	future development consistent with the proper role of local
228	government.
229	(3)  It is the intent of this act to focus the state role
230	in managing growth under this act to protecting the functions of
231	important state resources and facilities.
232	(4)  It is the intent of this act that the ability of its
233	adoption is necessary so that local governments to can preserve
234	and enhance present advantages; encourage the most appropriate
235	use of land, water, and resources, consistent with the public
236	interest; overcome present handicaps; and deal effectively with
237	future problems that may result from the use and development of
238	land within their jurisdictions. Through the process of
239	comprehensive planning, it is intended that units of local
240	government can preserve, promote, protect, and improve the
241	public health, safety, comfort, good order, appearance,
242	convenience, law enforcement and fire prevention, and general
243	welfare; prevent the overcrowding of land and avoid undue
244	concentration of population; facilitate the adequate and
245	efficient provision of transportation, water, sewerage, schools,
246	parks, recreational facilities, housing, and other requirements
247	and services; and conserve, develop, utilize, and protect
248	natural resources within their jurisdictions.
249	(5)(4)  It is the intent of this act to encourage and
250	ensure assure cooperation between and among municipalities and
251	counties and to encourage and assure coordination of planning
252	and development activities of units of local government with the
253	planning activities of regional agencies and state government in
254	accord with applicable provisions of law.
255	(6)(5)  It is the intent of this act that adopted
256	comprehensive plans shall have the legal status set out in this
257	act and that no public or private development shall be permitted
258	except in conformity with comprehensive plans, or elements or
259	portions thereof, prepared and adopted in conformity with this
260	act.
261	(7)(6)  It is the intent of this act that the activities of
262	units of local government in the preparation and adoption of
263	comprehensive plans, or elements or portions therefor, shall be
264	conducted in conformity with the provisions of this act.
265	(8)(7)  The provisions of this act in their interpretation
266	and application are declared to be the minimum requirements
267	necessary to accomplish the stated intent, purposes, and
268	objectives of this act; to protect human, environmental, social,
269	and economic resources; and to maintain, through orderly growth
270	and development, the character and stability of present and
271	future land use and development in this state.
272	(9)(8)  It is the intent of the Legislature that the repeal
273	of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
274	of Florida, and amendments to this part by this chapter law,
275	shall not be interpreted to limit or restrict the powers of
276	municipal or county officials, but shall be interpreted as a
277	recognition of their broad statutory and constitutional powers
278	to plan for and regulate the use of land. It is, further, the
279	intent of the Legislature to reconfirm that ss. 163.3161-
280	163.3248 163.3161 through 163.3215 have provided and do provide
281	the necessary statutory direction and basis for municipal and
282	county officials to carry out their comprehensive planning and
283	land development regulation powers, duties, and
284	responsibilities.
285	(10)(9)  It is the intent of the Legislature that all
286	governmental entities in this state recognize and respect
287	judicially acknowledged or constitutionally protected private
288	property rights. It is the intent of the Legislature that all
289	rules, ordinances, regulations, and programs adopted under the
290	authority of this act must be developed, promulgated,
291	implemented, and applied with sensitivity for private property
292	rights and not be unduly restrictive, and property owners must
293	be free from actions by others which would harm their property.
294	Full and just compensation or other appropriate relief must be
295	provided to any property owner for a governmental action that is
296	determined to be an invalid exercise of the police power which
297	constitutes a taking, as provided by law. Any such relief must
298	be determined in a judicial action.
299	(11)  It is the intent of this part that the traditional
300	economic base of this state, agriculture, tourism, and military
301	presence, be recognized and protected. Further, it is the intent
302	of this part to encourage economic diversification, workforce
303	development, and community planning.
304	(12)  It is the intent of this part that new statutory
305	requirements created by the Legislature will not require a local
306	government whose plan has been found to be in compliance with
307	this part to adopt amendments implementing the new statutory
308	requirements until the evaluation and appraisal period provided
309	in s. 163.3191, unless otherwise specified in law. However, any
310	new amendments must comply with the requirements of this part.
311	Section 5.  Subsections (2) through (5) of section
312	163.3162, Florida Statutes, are renumbered as subsections (1)
313	through (4), respectively, and present subsections (1) and (5)
314	of 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.-
319	The owner of a parcel of land defined as an agricultural enclave
320	under s. 163.3164(33) may apply for an amendment to the local
321	government comprehensive plan pursuant to s. 163.3184 163.3187.
322	Such amendment is presumed not to be urban sprawl as defined in
323	s. 163.3164 if it includes consistent with rule 9J-5.006(5),
324	Florida Administrative Code, and may include land uses and
325	intensities of use that are consistent with the uses and
326	intensities of use of the industrial, commercial, or residential
327	areas that surround the parcel. This presumption may be rebutted
328	by clear and convincing evidence. Each application for a
329	comprehensive plan amendment under this subsection for a parcel
330	larger than 640 acres must include appropriate new urbanism
331	concepts such as clustering, mixed-use development, the creation
332	of rural village and city centers, and the transfer of
333	development rights in order to discourage urban sprawl while
334	protecting landowner rights.
335	(a)  The local government and the owner of a parcel of land
336	that is the subject of an application for an amendment shall
337	have 180 days following the date that the local government
338	receives a complete application to negotiate in good faith to
339	reach consensus on the land uses and intensities of use that are
340	consistent with the uses and intensities of use of the
341	industrial, commercial, or residential areas that surround the
342	parcel. Within 30 days after the local government's receipt of
343	such an application, the local government and owner must agree
344	in writing to a schedule for information submittal, public
345	hearings, negotiations, and final action on the amendment, which
346	schedule may thereafter be altered only with the written consent
347	of the local government and the owner. Compliance with the
348	schedule in the written agreement constitutes good faith
349	negotiations for purposes of paragraph (c).
350	(b)  Upon conclusion of good faith negotiations under
351	paragraph (a), regardless of whether the local government and
352	owner reach consensus on the land uses and intensities of use
353	that are consistent with the uses and intensities of use of the
354	industrial, commercial, or residential areas that surround the
355	parcel, the amendment must be transmitted to the state land
356	planning agency for review pursuant to s. 163.3184. If the local
357	government fails to transmit the amendment within 180 days after
358	receipt of a complete application, the amendment must be
359	immediately transferred to the state land planning agency for
360	such review at the first available transmittal cycle. A plan
361	amendment transmitted to the state land planning agency
362	submitted under this subsection is presumed not to be urban
363	sprawl as defined in s. 163.3164 consistent with rule 9J-
364	5.006(5), Florida Administrative Code. This presumption may be
365	rebutted by clear and convincing evidence.
366	(c)  If the owner fails to negotiate in good faith, a plan
367	amendment submitted under this subsection is not entitled to the
368	rebuttable presumption under this subsection in the negotiation
369	and amendment process.
370	(d)  Nothing within this subsection relating to
371	agricultural enclaves shall preempt or replace any protection
372	currently existing for any property located within the
373	boundaries 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.
376	373.4592(2).
377	Section 6.  Section 163.3164, Florida Statutes, is amended
378	to read:
379	163.3164  Community Local Government Comprehensive Planning
380	and Land Development Regulation Act; definitions.-As used in
381	this act:
382	(1)  "Administration Commission" means the Governor and the
383	Cabinet, and for purposes of this chapter the commission shall
384	act on a simple majority vote, except that for purposes of
385	imposing the sanctions provided in s. 163.3184(8)(11),
386	affirmative action shall require the approval of the Governor
387	and at least three other members of the commission.
388	(2)  "Affordable housing" has the same meaning as in s.
389	420.0004(3).
390	(3)(33)  "Agricultural enclave" means an unincorporated,
391	undeveloped parcel that:
392	(a)  Is owned by a single person or entity;
393	(b)  Has been in continuous use for bona fide agricultural
394	purposes, as defined by s. 193.461, for a period of 5 years
395	prior to the date of any comprehensive plan amendment
396	application;
397	(c)  Is surrounded on at least 75 percent of its perimeter
398	by:
399	1.  Property that has existing industrial, commercial, or
400	residential development; or
401	2.  Property that the local government has designated, in
402	the local government's comprehensive plan, zoning map, and
403	future land use map, as land that is to be developed for
404	industrial, commercial, or residential purposes, and at least 75
405	percent of such property is existing industrial, commercial, or
406	residential development;
407	(d)  Has public services, including water, wastewater,
408	transportation, schools, and recreation facilities, available or
409	such public services are scheduled in the capital improvement
410	element to be provided by the local government or can be
411	provided by an alternative provider of local government
412	infrastructure in order to ensure consistency with applicable
413	concurrency provisions of s. 163.3180; and
414	(e)  Does not exceed 1,280 acres; however, if the property
415	is surrounded by existing or authorized residential development
416	that will result in a density at buildout of at least 1,000
417	residents per square mile, then the area shall be determined to
418	be urban and the parcel may not exceed 4,480 acres.
419	(4)  "Antiquated subdivision" means a subdivision that was
420	recorded or approved more than 20 years ago and that has
421	substantially failed to be built and the continued buildout of
422	the subdivision in accordance with the subdivision's zoning and
423	land use purposes would cause an imbalance of land uses and
424	would be detrimental to the local and regional economies and
425	environment, hinder current planning practices, and lead to
426	inefficient and fiscally irresponsible development patterns as
427	determined by the respective jurisdiction in which the
428	subdivision is located.
429	(5)(2)  "Area" or "area of jurisdiction" means the total
430	area qualifying under the provisions of this act, whether this
431	be all of the lands lying within the limits of an incorporated
432	municipality, lands in and adjacent to incorporated
433	municipalities, all unincorporated lands within a county, or
434	areas comprising combinations of the lands in incorporated
435	municipalities and unincorporated areas of counties.
436	(6)  "Capital improvement" means physical assets
437	constructed or purchased to provide, improve, or replace a
438	public facility and which are typically large scale and high in
439	cost. The cost of a capital improvement is generally
440	nonrecurring and may require multiyear financing. For the
441	purposes of this part, physical assets that have been identified
442	as existing or projected needs in the individual comprehensive
443	plan elements shall be considered capital improvements.
444	(7)(3)  "Coastal area" means the 35 coastal counties and
445	all coastal municipalities within their boundaries designated
446	coastal by the state land planning agency.
447	(8)  "Compatibility" means a condition in which land uses
448	or conditions can coexist in relative proximity to each other in
449	a stable fashion over time such that no use or condition is
450	unduly negatively impacted directly or indirectly by another use
451	or condition.
452	(9)(4)  "Comprehensive plan" means a plan that meets the
453	requirements of ss. 163.3177 and 163.3178.
454	(10)  "Deepwater ports" means the ports identified in s.
455	403.021(9).
456	(11)  "Density" means an objective measurement of the
457	number of people or residential units allowed per unit of land,
458	such as residents or employees per acre.
459	(12)(5)  "Developer" means any person, including a
460	governmental agency, undertaking any development as defined in
461	this act.
462	(13)(6)  "Development" has the same meaning as given it in
463	s. 380.04.
464	(14)(7)  "Development order" means any order granting,
465	denying, or granting with conditions an application for a
466	development permit.
467	(15)(8)  "Development permit" includes any building permit,
468	zoning permit, subdivision approval, rezoning, certification,
469	special exception, variance, or any other official action of
470	local government having the effect of permitting the development
471	of land.
472	(16)(25)  "Downtown revitalization" means the physical and
473	economic renewal of a central business district of a community
474	as designated by local government, and includes both downtown
475	development and redevelopment.
476	(17)  "Floodprone areas" means areas inundated during a
477	100-year flood event or areas identified by the National Flood
478	Insurance Program as an A Zone on flood insurance rate maps or
479	flood hazard boundary maps.
480	(18)  "Goal" means the long-term end toward which programs
481	or activities are ultimately directed.
482	(19)(9)  "Governing body" means the board of county
483	commissioners of a county, the commission or council of an
484	incorporated municipality, or any other chief governing body of
485	a unit of local government, however designated, or the
486	combination of such bodies where joint utilization of the
487	provisions of this act is accomplished as provided herein.
488	(20)(10)  "Governmental agency" means:
489	(a)  The United States or any department, commission,
490	agency, or other instrumentality thereof.
491	(b)  This state or any department, commission, agency, or
492	other instrumentality thereof.
493	(c)  Any local government, as defined in this section, or
494	any department, commission, agency, or other instrumentality
495	thereof.
496	(d)  Any school board or other special district, authority,
497	or governmental entity.
498	(21)  "Intensity" means an objective measurement of the
499	extent to which land may be developed or used, including the
500	consumption or use of the space above, on, or below ground; the
501	measurement of the use of or demand on natural resources; and
502	the measurement of the use of or demand on facilities and
503	services.
504	(22)  "Internal trip capture" means trips generated by a
505	mixed-use project that travel from one on-site land use to
506	another on-site land use without using the external road
507	network.
508	(23)(11)  "Land" means the earth, water, and air, above,
509	below, or on the surface, and includes any improvements or
510	structures customarily regarded as land.
511	(24)(22)  "Land development regulation commission" means a
512	commission designated by a local government to develop and
513	recommend, to the local governing body, land development
514	regulations which implement the adopted comprehensive plan and
515	to review land development regulations, or amendments thereto,
516	for consistency with the adopted plan and report to the
517	governing body regarding its findings. The responsibilities of
518	the land development regulation commission may be performed by
519	the local planning agency.
520	(25)(23)  "Land development regulations" means ordinances
521	enacted by governing bodies for the regulation of any aspect of
522	development and includes any local government zoning, rezoning,
523	subdivision, building construction, or sign regulations or any
524	other regulations controlling the development of land, except
525	that this definition does shall not apply in s. 163.3213.
526	(26)(12)  "Land use" means the development that has
527	occurred on the land, the development that is proposed by a
528	developer on the land, or the use that is permitted or
529	permissible on the land under an adopted comprehensive plan or
530	element or portion thereof, land development regulations, or a
531	land development code, as the context may indicate.
532	(27)  "Level of service" means an indicator of the extent
533	or degree of service provided by, or proposed to be provided by,
534	a facility based on and related to the operational
535	characteristics of the facility. Level of service shall indicate
536	the capacity per unit of demand for each public facility.
537	(28)(13)  "Local government" means any county or
538	municipality.
539	(29)(14)  "Local planning agency" means the agency
540	designated to prepare the comprehensive plan or plan amendments
541	required by this act.
542	(30)(15)  A "Newspaper of general circulation" means a
543	newspaper published at least on a weekly basis and printed in
544	the language most commonly spoken in the area within which it
545	circulates, but does not include a newspaper intended primarily
546	for members of a particular professional or occupational group,
547	a newspaper whose primary function is to carry legal notices, or
548	a newspaper that is given away primarily to distribute
549	advertising.
550	(31)  "New town" means an urban activity center and
551	community designated on the future land use map of sufficient
552	size, population and land use composition to support a variety
553	of economic and social activities consistent with an urban area
554	designation. New towns shall include basic economic activities;
555	all major land use categories, with the possible exception of
556	agricultural and industrial; and a centrally provided full range
557	of public facilities and services that demonstrate internal trip
558	capture. A new town shall be based on a master development plan.
559	(32)  "Objective" means a specific, measurable,
560	intermediate end that is achievable and marks progress toward a
561	goal.
562	(33)(16)  "Parcel of land" means any quantity of land
563	capable of being described with such definiteness that its
564	locations and boundaries may be established, which is designated
565	by its owner or developer as land to be used, or developed as, a
566	unit or which has been used or developed as a unit.
567	(34)(17)  "Person" means an individual, corporation,
568	governmental agency, business trust, estate, trust, partnership,
569	association, two or more persons having a joint or common
570	interest, or any other legal entity.
571	(35)  "Policy" means the way in which programs and
572	activities are conducted to achieve an identified goal.
573	(36)(28)  "Projects that promote public transportation"
574	means projects that directly affect the provisions of public
575	transit, including transit terminals, transit lines and routes,
576	separate lanes for the exclusive use of public transit services,
577	transit stops (shelters and stations), office buildings or
578	projects that include fixed-rail or transit terminals as part of
579	the building, and projects which are transit oriented and
580	designed to complement reasonably proximate planned or existing
581	public facilities.
582	(37)(24)  "Public facilities" means major capital
583	improvements, including, but not limited to, transportation,
584	sanitary sewer, solid waste, drainage, potable water,
585	educational, parks and recreational, and health systems and
586	facilities, and spoil disposal sites for maintenance dredging
587	located in the intracoastal waterways, except for spoil disposal
588	sites owned or used by ports listed in s. 403.021(9)(b).
589	(38)(18)  "Public notice" means notice as required by s.
590	125.66(2) for a county or by s. 166.041(3)(a) for a
591	municipality. The public notice procedures required in this part
592	are established as minimum public notice procedures.
593	(39)(19)  "Regional planning agency" means the council
594	created pursuant to chapter 186 agency designated by the state
595	land planning agency to exercise responsibilities under law in a
596	particular region of the state.
597	(40)  "Seasonal population" means part-time inhabitants who
598	use, or may be expected to use, public facilities or services,
599	but are not residents and includes tourists, migrant
600	farmworkers, and other short-term and long-term visitors.
601	(41)(31)  "Optional Sector plan" means the an optional
602	process authorized by s. 163.3245 in which one or more local
603	governments engage in long-term planning for a large area and by
604	agreement with the state land planning agency are allowed to
605	address regional development-of-regional-impact issues through
606	adoption of detailed specific area plans within the planning
607	area within certain designated geographic areas identified in
608	the local comprehensive plan as a means of fostering innovative
609	planning and development strategies in s. 163.3177(11)(a) and
610	(b), furthering the purposes of this part and part I of chapter
611	380, reducing overlapping data and analysis requirements,
612	protecting regionally significant resources and facilities, and
613	addressing extrajurisdictional impacts. The term includes an
614	optional sector plan that was adopted before the effective date
615	of this act.
616	(42)(20)  "State land planning agency" means the Department
617	of Community Affairs.
618	(43)(21)  "Structure" has the same meaning as in given it
619	by s. 380.031(19).
620	(44)  "Suitability" means the degree to which the existing
621	characteristics and limitations of land and water are compatible
622	with a proposed use or development.
623	(45)  "Transit-oriented development" means a project or
624	projects, in areas identified in a local government
625	comprehensive plan, that is or will be served by existing or
626	planned transit service. These designated areas shall be
627	compact, moderate to high density developments, of mixed-use
628	character, interconnected with other land uses, bicycle and
629	pedestrian friendly, and designed to support frequent transit
630	service operating through, collectively or separately, rail,
631	fixed guideway, streetcar, or bus systems on dedicated
632	facilities or available roadway connections.
633	(46)(30)  "Transportation corridor management" means the
634	coordination of the planning of designated future transportation
635	corridors with land use planning within and adjacent to the
636	corridor to promote orderly growth, to meet the concurrency
637	requirements of this chapter, and to maintain the integrity of
638	the corridor for transportation purposes.
639	(47)(27)  "Urban infill" means the development of vacant
640	parcels in otherwise built-up areas where public facilities such
641	as sewer systems, roads, schools, and recreation areas are
642	already in place and the average residential density is at least
643	five dwelling units per acre, the average nonresidential
644	intensity is at least a floor area ratio of 1.0 and vacant,
645	developable land does not constitute more than 10 percent of the
646	area.
647	(48)(26)  "Urban redevelopment" means demolition and
648	reconstruction or substantial renovation of existing buildings
649	or infrastructure within urban infill areas, existing urban
650	service areas, or community redevelopment areas created pursuant
651	to part III.
652	(49)(29)  "Urban service area" means built-up areas
653	identified in the comprehensive plan where public facilities and
654	services, including, but not limited to, central water and sewer
655	capacity and roads, are already in place or are identified in
656	the capital improvements element. The term includes any areas
657	identified in the comprehensive plan as urban service areas,
658	regardless of local government limitation committed in the first
659	3 years of the capital improvement schedule. In addition, for
660	counties that qualify as dense urban land areas under subsection
661	(34), the nonrural area of a county which has adopted into the
662	county charter a rural area designation or areas identified in
663	the comprehensive plan as urban service areas or urban growth
664	boundaries on or before July 1, 2009, are also urban service
665	areas under this definition.
666	(50)  "Urban sprawl" means a development pattern
667	characterized by low density, automobile-dependent development
668	with either a single use or multiple uses that are not
669	functionally related, requiring the extension of public
670	facilities and services in an inefficient manner, and failing to
671	provide a clear separation between urban and rural uses.
672	(32)  "Financial feasibility" means that sufficient
673	revenues are currently available or will be available from
674	committed funding sources for the first 3 years, or will be
675	available from committed or planned funding sources for years 4
676	and 5, of a 5-year capital improvement schedule for financing
677	capital improvements, such as ad valorem taxes, bonds, state and
678	federal funds, tax revenues, impact fees, and developer
679	contributions, which are adequate to fund the projected costs of
680	the capital improvements identified in the comprehensive plan
681	necessary to ensure that adopted level-of-service standards are
682	achieved and maintained within the period covered by the 5-year
683	schedule of capital improvements. A comprehensive plan shall be
684	deemed financially feasible for transportation and school
685	facilities throughout the planning period addressed by the
686	capital improvements schedule if it can be demonstrated that the
687	level-of-service standards will be achieved and maintained by
688	the end of the planning period even if in a particular year such
689	improvements 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
692	people per square mile of land area and a minimum total
693	population of at least 5,000;
694	(b)  A county, including the municipalities located
695	therein, which has an average of at least 1,000 people per
696	square mile of land area; or
697	(c)  A county, including the municipalities located
698	therein, which has a population of at least 1 million.
699
700	The Office of Economic and Demographic Research within the
701	Legislature shall annually calculate the population and density
702	criteria needed to determine which jurisdictions qualify as
703	dense urban land areas by using the most recent land area data
704	from the decennial census conducted by the Bureau of the Census
705	of the United States Department of Commerce and the latest
706	available population estimates determined pursuant to s.
707	186.901. If any local government has had an annexation,
708	contraction, or new incorporation, the Office of Economic and
709	Demographic Research shall determine the population density
710	using the new jurisdictional boundaries as recorded in
711	accordance with s. 171.091. The Office of Economic and
712	Demographic Research shall submit to the state land planning
713	agency a list of jurisdictions that meet the total population
714	and density criteria necessary for designation as a dense urban
715	land area by July 1, 2009, and every year thereafter. The state
716	land planning agency shall publish the list of jurisdictions on
717	its Internet website within 7 days after the list is received.
718	The designation of jurisdictions that qualify or do not qualify
719	as a dense urban land area is effective upon publication on the
720	state land planning agency's Internet website.
721	Section 7.  Section 163.3167, Florida Statutes, is amended
722	to read:
723	163.3167  Scope of act.-
724	(1)  The several incorporated municipalities and counties
725	shall 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
728	portions thereof, to guide their future development and growth.
729	(c)  To implement adopted or amended comprehensive plans by
730	the adoption of appropriate land development regulations or
731	elements thereof.
732	(d)  To establish, support, and maintain administrative
733	instruments and procedures to carry out the provisions and
734	purposes of this act.
735
736	The powers and authority set out in this act may be employed by
737	municipalities and counties individually or jointly by mutual
738	agreement in accord with the provisions of this act and in such
739	combinations as their common interests may dictate and require.
740	(2)  Each local government shall maintain prepare a
741	comprehensive plan of the type and in the manner set out in this
742	part or prepare amendments to its existing comprehensive plan to
743	conform it to the requirements of this part and in the manner
744	set out in this part. In accordance with s. 163.3184, each local
745	government shall submit to the state land planning agency its
746	complete proposed comprehensive plan or its complete
747	comprehensive plan as proposed to be amended.
748	(3)  When a local government has not prepared all of the
749	required elements or has not amended its plan as required by
750	subsection (2), the regional planning agency having
751	responsibility for the area in which the local government lies
752	shall prepare and adopt by rule, pursuant to chapter 120, the
753	missing elements or adopt by rule amendments to the existing
754	plan in accordance with this act by July 1, 1989, or within 1
755	year after the dates specified or provided in subsection (2) and
756	the state land planning agency review schedule, whichever is
757	later. The regional planning agency shall provide at least 90
758	days' written notice to any local government whose plan it is
759	required by this subsection to prepare, prior to initiating the
760	planning process. At least 90 days before the adoption by the
761	regional planning agency of a comprehensive plan, or element or
762	portion thereof, pursuant to this subsection, the regional
763	planning agency shall transmit a copy of the proposed
764	comprehensive plan, or element or portion thereof, to the local
765	government and the state land planning agency for written
766	comment. The state land planning agency shall review and comment
767	on such plan, or element or portion thereof, in accordance with
768	s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
769	applicable to the regional planning agency as if it were a
770	governing body. Existing comprehensive plans shall remain in
771	effect until they are amended pursuant to subsection (2), this
772	subsection, s. 163.3187, or s. 163.3189.
773	(3)(4)  A municipality established after the effective date
774	of this act shall, within 1 year after incorporation, establish
775	a local planning agency, pursuant to s. 163.3174, and prepare
776	and adopt a comprehensive plan of the type and in the manner set
777	out in this act within 3 years after the date of such
778	incorporation. A county comprehensive plan shall be deemed
779	controlling until the municipality adopts a comprehensive plan
780	in accord with the provisions of this act. If, upon the
781	expiration of the 3-year time limit, the municipality has not
782	adopted a comprehensive plan, the regional planning agency shall
783	prepare and adopt a comprehensive plan for such municipality.
784	(4)(5)  Any comprehensive plan, or element or portion
785	thereof, adopted pursuant to the provisions of this act, which
786	but for its adoption after the deadlines established pursuant to
787	previous versions of this act would have been valid, shall be
788	valid.
789	(6)  When a regional planning agency is required to prepare
790	or amend a comprehensive plan, or element or portion thereof,
791	pursuant to subsections (3) and (4), the regional planning
792	agency and the local government may agree to a method of
793	compensating the regional planning agency for any verifiable,
794	direct costs incurred. If an agreement is not reached within 6
795	months after the date the regional planning agency assumes
796	planning responsibilities for the local government pursuant to
797	subsections (3) and (4) or by the time the plan or element, or
798	portion thereof, is completed, whichever is earlier, the
799	regional planning agency shall file invoices for verifiable,
800	direct costs involved with the governing body. Upon the failure
801	of the local government to pay such invoices within 90 days, the
802	regional planning agency may, upon filing proper vouchers with
803	the Chief Financial Officer, request payment by the Chief
804	Financial Officer from unencumbered revenue or other tax sharing
805	funds due such local government from the state for work actually
806	performed, and the Chief Financial Officer shall pay such
807	vouchers; however, the amount of such payment shall not exceed
808	50 percent of such funds due such local government in any one
809	year.
810	(7)  A local government that is being requested to pay
811	costs may seek an administrative hearing pursuant to ss. 120.569
812	and 120.57 to challenge the amount of costs and to determine if
813	the statutory prerequisites for payment have been complied with.
814	Final agency action shall be taken by the state land planning
815	agency. Payment shall be withheld as to disputed amounts until
816	proceedings under this subsection have been completed.
817	(5)(8)  Nothing in this act shall limit or modify the
818	rights of any person to complete any development that has been
819	authorized as a development of regional impact pursuant to
820	chapter 380 or who has been issued a final local development
821	order and development has commenced and is continuing in good
822	faith.
823	(6)(9)  The Reedy Creek Improvement District shall exercise
824	the authority of this part as it applies to municipalities,
825	consistent with the legislative act under which it was
826	established, for the total area under its jurisdiction.
827	(7)(10)  Nothing in this part shall supersede any provision
828	of ss. 341.8201-341.842.
829	(11)  Each local government is encouraged to articulate a
830	vision of the future physical appearance and qualities of its
831	community as a component of its local comprehensive plan. The
832	vision should be developed through a collaborative planning
833	process with meaningful public participation and shall be
834	adopted by the governing body of the jurisdiction. Neighboring
835	communities, especially those sharing natural resources or
836	physical or economic infrastructure, are encouraged to create
837	collective visions for greater-than-local areas. Such collective
838	visions shall apply in each city or county only to the extent
839	that each local government chooses to make them applicable. The
840	state land planning agency shall serve as a clearinghouse for
841	creating a community vision of the future and may utilize the
842	Growth Management Trust Fund, created by s. 186.911, to provide
843	grants to help pay the costs of local visioning programs. When a
844	local vision of the future has been created, a local government
845	should review its comprehensive plan, land development
846	regulations, and capital improvement program to ensure that
847	these instruments will help to move the community toward its
848	vision in a manner consistent with this act and with the state
849	comprehensive plan. A local or regional vision must be
850	consistent with the state vision, when adopted, and be
851	internally consistent with the local or regional plan of which
852	it is a component. The state land planning agency shall not
853	adopt minimum criteria for evaluating or judging the form or
854	content of a local or regional vision.
855	(8)(12)  An initiative or referendum process in regard to
856	any development order or in regard to any local comprehensive
857	plan amendment or map amendment that affects five or fewer
858	parcels of land is prohibited.
859	(9)(13)  Each local government shall address in its
860	comprehensive plan, as enumerated in this chapter, the water
861	supply sources necessary to meet and achieve the existing and
862	projected water use demand for the established planning period,
863	considering the applicable plan developed pursuant to s.
864	373.709.
865	(10)(14)(a)  If a local government grants a development
866	order pursuant to its adopted land development regulations and
867	the order is not the subject of a pending appeal and the
868	timeframe for filing an appeal has expired, the development
869	order may not be invalidated by a subsequent judicial
870	determination that such land development regulations, or any
871	portion thereof that is relevant to the development order, are
872	invalid because of a deficiency in the approval standards.
873	(b)  This subsection does not preclude or affect the timely
874	institution of any other remedy available at law or equity,
875	including a common law writ of certiorari proceeding pursuant to
876	Rule 9.190, Florida Rules of Appellate Procedure, or an original
877	proceeding pursuant to s. 163.3215, as applicable.
878	(c)  This subsection applies retroactively to any
879	development order granted on or after January 1, 2002.
880	Section 8.  Section 163.3168, Florida Statutes, is created
881	to read:
882	163.3168  Planning innovations and technical assistance.-
883	(1)  The Legislature recognizes the need for innovative
884	planning and development strategies to promote a diverse economy
885	and vibrant rural and urban communities, while protecting
886	environmentally sensitive areas. The Legislature further
887	recognizes the substantial advantages of innovative approaches
888	to development directed to meet the needs of urban, rural, and
889	suburban areas.
890	(2)  Local governments are encouraged to apply innovative
891	planning tools, including, but not limited to, visioning, sector
892	planning, and rural land stewardship area designations to
893	address future new development areas, urban service area
894	designations, urban growth boundaries, and mixed-use, high-
895	density development in urban areas.
896	(3)  The state land planning agency shall help communities
897	find creative solutions to fostering vibrant, healthy
898	communities, while protecting the functions of important state
899	resources and facilities. The state land planning agency and all
900	other appropriate state and regional agencies may use various
901	means to provide direct and indirect technical assistance within
902	available resources. If plan amendments may adversely impact
903	important state resources or facilities, upon request by the
904	local government, the state land planning agency shall
905	coordinate multi-agency assistance, if needed, in developing an
906	amendment to minimize impacts on such resources or facilities.
907	Section 9.  Subsection (4) of section 163.3171, Florida
908	Statutes, is amended to read:
909	163.3171  Areas of authority under this act.-
910	(4)  The state land planning agency and a Local governments
911	may government shall have the power to enter into agreements
912	with each other and to agree together to enter into agreements
913	with a landowner, developer, or governmental agency as may be
914	necessary or desirable to effectuate the provisions and purposes
915	of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
916	and 163.3248. It is the Legislature's intent that joint
917	agreements entered into under the authority of this section be
918	liberally, broadly, and flexibly construed to facilitate
919	intergovernmental cooperation between cities and counties and to
920	encourage planning in advance of jurisdictional changes. Joint
921	agreements, executed before or after the effective date of this
922	act, include, but are not limited to, agreements that
923	contemplate municipal adoption of plans or plan amendments for
924	lands in advance of annexation of such lands into the
925	municipality, and may permit municipalities and counties to
926	exercise nonexclusive extrajurisdictional authority within
927	incorporated and unincorporated areas. The state land planning
928	agency may not interpret, invalidate, or declare inoperative
929	such joint agreements, and the validity of joint agreements may
930	not be a basis for finding plans or plan amendments not in
931	compliance pursuant to chapter law.
932	Section 10.  Subsection (1) of section 163.3174, Florida
933	Statutes, is amended to read:
934	163.3174  Local planning agency.-
935	(1)  The governing body of each local government,
936	individually or in combination as provided in s. 163.3171, shall
937	designate and by ordinance establish a "local planning agency,"
938	unless the agency is otherwise established by law.
939	Notwithstanding any special act to the contrary, all local
940	planning agencies or equivalent agencies that first review
941	rezoning and comprehensive plan amendments in each municipality
942	and county shall include a representative of the school district
943	appointed by the school board as a nonvoting member of the local
944	planning agency or equivalent agency to attend those meetings at
945	which the agency considers comprehensive plan amendments and
946	rezonings that would, if approved, increase residential density
947	on the property that is the subject of the application. However,
948	this subsection does not prevent the governing body of the local
949	government from granting voting status to the school board
950	member. The governing body may designate itself as the local
951	planning agency pursuant to this subsection with the addition of
952	a nonvoting school board representative. The governing body
953	shall notify the state land planning agency of the establishment
954	of its local planning agency. All local planning agencies shall
955	provide opportunities for involvement by applicable community
956	college boards, which may be accomplished by formal
957	representation, membership on technical advisory committees, or
958	other appropriate means. The local planning agency shall prepare
959	the comprehensive plan or plan amendment after hearings to be
960	held after public notice and shall make recommendations to the
961	governing body regarding the adoption or amendment of the plan.
962	The agency may be a local planning commission, the planning
963	department of the local government, or other instrumentality,
964	including a countywide planning entity established by special
965	act or a council of local government officials created pursuant
966	to s. 163.02, provided the composition of the council is fairly
967	representative of all the governing bodies in the county or
968	planning area; however:
969	(a)  If a joint planning entity is in existence on the
970	effective date of this act which authorizes the governing bodies
971	to adopt and enforce a land use plan effective throughout the
972	joint planning area, that entity shall be the agency for those
973	local governments until such time as the authority of the joint
974	planning entity is modified by law.
975	(b)  In the case of chartered counties, the planning
976	responsibility between the county and the several municipalities
977	therein shall be as stipulated in the charter.
978	Section 11.  Subsections (5), (6), and (9) of section
979	163.3175, Florida Statutes, are amended to read:
980	163.3175  Legislative findings on compatibility of
981	development with military installations; exchange of information
982	between local governments and military installations.-
983	(5)  The commanding officer or his or her designee may
984	provide comments to the affected local government on the impact
985	such proposed changes may have on the mission of the military
986	installation. Such comments may include:
987	(a)  If the installation has an airfield, whether such
988	proposed changes will be incompatible with the safety and noise
989	standards 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
992	Installation Environmental Noise Management Program (IENMP) of
993	the United States Army;
994	(c)  Whether such changes are incompatible with the
995	findings of a Joint Land Use Study (JLUS) for the area if one
996	has been completed; and
997	(d)  Whether the military installation's mission will be
998	adversely affected by the proposed actions of the county or
999	affected local government.
1000
1001	The commanding officer's comments, underlying studies, and
1002	reports are not binding on the local government.
1003	(6)  The affected local government shall take into
1004	consideration any comments provided by the commanding officer or
1005	his or her designee pursuant to subsection (4) and must also be
1006	sensitive to private property rights and not be unduly
1007	restrictive on those rights. The affected local government shall
1008	forward a copy of any comments regarding comprehensive plan
1009	amendments to the state land planning agency.
1010	(9)  If a local government, as required under s.
1011	163.3177(6)(a), does not adopt criteria and address
1012	compatibility of lands adjacent to or closely proximate to
1013	existing military installations in its future land use plan
1014	element by June 30, 2012, the local government, the military
1015	installation, the state land planning agency, and other parties
1016	as identified by the regional planning council, including, but
1017	not limited to, private landowner representatives, shall enter
1018	into mediation conducted pursuant to s. 186.509. If the local
1019	government comprehensive plan does not contain criteria
1020	addressing compatibility by December 31, 2013, the agency may
1021	notify the Administration Commission. The Administration
1022	Commission may impose sanctions pursuant to s. 163.3184(8)(11).
1023	Any local government that amended its comprehensive plan to
1024	address military installation compatibility requirements after
1025	2004 and was found to be in compliance is deemed to be in
1026	compliance with this subsection until the local government
1027	conducts its evaluation and appraisal review pursuant to s.
1028	163.3191 and determines that amendments are necessary to meet
1029	updated general law requirements.
1030	Section 12.  Section 163.3177, Florida Statutes, is amended
1031	to read:
1032	163.3177  Required and optional elements of comprehensive
1033	plan; studies and surveys.-
1034	(1)  The comprehensive plan shall provide the consist of
1035	materials in such descriptive form, written or graphic, as may
1036	be appropriate to the prescription of principles, guidelines,
1037	and standards, and strategies for the orderly and balanced
1038	future economic, social, physical, environmental, and fiscal
1039	development of the area that reflects community commitments to
1040	implement the plan and its elements. These principles and
1041	strategies shall guide future decisions in a consistent manner
1042	and shall contain programs and activities to ensure
1043	comprehensive plans are implemented. The sections of the
1044	comprehensive plan containing the principles and strategies,
1045	generally provided as goals, objectives, and policies, shall
1046	describe how the local government's programs, activities, and
1047	land development regulations will be initiated, modified, or
1048	continued to implement the comprehensive plan in a consistent
1049	manner. It is not the intent of this part to require the
1050	inclusion of implementing regulations in the comprehensive plan
1051	but rather to require identification of those programs,
1052	activities, and land development regulations that will be part
1053	of the strategy for implementing the comprehensive plan and the
1054	principles that describe how the programs, activities, and land
1055	development regulations will be carried out. The plan shall
1056	establish meaningful and predictable standards for the use and
1057	development of land and provide meaningful guidelines for the
1058	content of more detailed land development and use regulations.
1059	(a)  The comprehensive plan shall consist of elements as
1060	described in this section, and may include optional elements.
1061	(b)  A local government may include, as part of its adopted
1062	plan, documents adopted by reference but not incorporated
1063	verbatim into the plan. The adoption by reference must identify
1064	the title and author of the document and indicate clearly what
1065	provisions and edition of the document is being adopted.
1066	(c)  The format of these principles and guidelines is at
1067	the discretion of the local government, but typically is
1068	expressed in goals, objectives, policies, and strategies.
1069	(d)  The comprehensive plan shall identify procedures for
1070	monitoring, evaluating, and appraising implementation of the
1071	plan.
1072	(e)  When a federal, state, or regional agency has
1073	implemented a regulatory program, a local government is not
1074	required to duplicate or exceed that regulatory program in its
1075	local comprehensive plan.
1076	(f)  All mandatory and optional elements of the
1077	comprehensive plan and plan amendments shall be based upon
1078	relevant and appropriate data and an analysis by the local
1079	government that may include, but not be limited to, surveys,
1080	studies, community goals and vision, and other data available at
1081	the time of adoption of the comprehensive plan or plan
1082	amendment. To be based on data means to react to it in an
1083	appropriate way and to the extent necessary indicated by the
1084	data available on that particular subject at the time of
1085	adoption of the plan or plan amendment at issue.
1086	1.  Surveys, studies, and data utilized in the preparation
1087	of the comprehensive plan may not be deemed a part of the
1088	comprehensive plan unless adopted as a part of it. Copies of
1089	such studies, surveys, data, and supporting documents for
1090	proposed plans and plan amendments shall be made available for
1091	public inspection, and copies of such plans shall be made
1092	available to the public upon payment of reasonable charges for
1093	reproduction. Support data or summaries are not subject to the
1094	compliance review process, but the comprehensive plan must be
1095	clearly based on appropriate data. Support data or summaries may
1096	be used to aid in the determination of compliance and
1097	consistency.
1098	2.  Data must be taken from professionally accepted
1099	sources. The application of a methodology utilized in data
1100	collection or whether a particular methodology is professionally
1101	accepted may be evaluated. However, the evaluation may not
1102	include whether one accepted methodology is better than another.
1103	Original data collection by local governments is not required.
1104	However, local governments may use original data so long as
1105	methodologies are professionally accepted.
1106	3.  The comprehensive plan shall be based upon resident and
1107	seasonal population estimates and projections, which shall
1108	either be those provided by the University of Florida's Bureau
1109	of Economic and Business Research or generated by the local
1110	government based upon a professionally acceptable methodology.
1111	The plan must be based on at least the minimum amount of land
1112	required to accommodate the medium projections of the University
1113	of Florida's Bureau of Economic and Business Research for at
1114	least a 10-year planning period unless otherwise limited under
1115	s. 380.05, including related rules of the Administration
1116	Commission.
1117	(2)  Coordination of the several elements of the local
1118	comprehensive plan shall be a major objective of the planning
1119	process. The several elements of the comprehensive plan shall be
1120	consistent. Where data is relevant to several elements,
1121	consistent data shall be used, including population estimates
1122	and projections unless alternative data can be justified for a
1123	plan amendment through new supporting data and analysis. Each
1124	map depicting future conditions must reflect the principles,
1125	guidelines, and standards within all elements and each such map
1126	must be contained within the comprehensive plan, and the
1127	comprehensive plan shall be financially feasible. Financial
1128	feasibility shall be determined using professionally accepted
1129	methodologies and applies to the 5-year planning period, except
1130	in the case of a long-term transportation or school concurrency
1131	management system, in which case a 10-year or 15-year period
1132	applies.
1133	(3)(a)  The comprehensive plan shall contain a capital
1134	improvements element designed to consider the need for and the
1135	location of public facilities in order to encourage the
1136	efficient use of such facilities and set forth:
1137	1.  A component that outlines principles for construction,
1138	extension, or increase in capacity of public facilities, as well
1139	as a component that outlines principles for correcting existing
1140	public facility deficiencies, which are necessary to implement
1141	the comprehensive plan. The components shall cover at least a 5-
1142	year period.
1143	2.  Estimated public facility costs, including a
1144	delineation of when facilities will be needed, the general
1145	location of the facilities, and projected revenue sources to
1146	fund the facilities.
1147	3.  Standards to ensure the availability of public
1148	facilities and the adequacy of those facilities to meet
1149	established including acceptable levels of service.
1150	4.  Standards for the management of debt.
1151	4.5.  A schedule of capital improvements which includes any
1152	publicly funded projects of federal, state, or local government,
1153	and which may include privately funded projects for which the
1154	local government has no fiscal responsibility. Projects,
1155	necessary to ensure that any adopted level-of-service standards
1156	are achieved and maintained for the 5-year period must be
1157	identified as either funded or unfunded and given a level of
1158	priority for funding. For capital improvements that will be
1159	funded by the developer, financial feasibility shall be
1160	demonstrated by being guaranteed in an enforceable development
1161	agreement or interlocal agreement pursuant to paragraph (10)(h),
1162	or other enforceable agreement. These development agreements and
1163	interlocal agreements shall be reflected in the schedule of
1164	capital improvements if the capital improvement is necessary to
1165	serve development within the 5-year schedule. If the local
1166	government uses planned revenue sources that require referenda
1167	or other actions to secure the revenue source, the plan must, in
1168	the event the referenda are not passed or actions do not secure
1169	the planned revenue source, identify other existing revenue
1170	sources that will be used to fund the capital projects or
1171	otherwise amend the plan to ensure financial feasibility.
1172	5.6.  The schedule must include transportation improvements
1173	included in the applicable metropolitan planning organization's
1174	transportation improvement program adopted pursuant to s.
1175	339.175(8) to the extent that such improvements are relied upon
1176	to ensure concurrency and financial feasibility. The schedule
1177	must also be coordinated with the applicable metropolitan
1178	planning organization's long-range transportation plan adopted
1179	pursuant to s. 339.175(7).
1180	(b)1.  The capital improvements element must be reviewed by
1181	the local government on an annual basis. Modifications and
1182	modified as necessary in accordance with s. 163.3187 or s.
1183	163.3189 in order to update the maintain a financially feasible
1184	5-year capital improvement schedule of capital improvements.
1185	Corrections and modifications concerning costs; revenue sources;
1186	or acceptance of facilities pursuant to dedications which are
1187	consistent with the plan may be accomplished by ordinance and
1188	may shall not be deemed to be amendments to the local
1189	comprehensive plan. A copy of the ordinance shall be transmitted
1190	to the state land planning agency. An amendment to the
1191	comprehensive plan is required to update the schedule on an
1192	annual basis or to eliminate, defer, or delay the construction
1193	for any facility listed in the 5-year schedule. All public
1194	facilities must be consistent with the capital improvements
1195	element. The annual update to the capital improvements element
1196	of the comprehensive plan need not comply with the financial
1197	feasibility requirement until December 1, 2011. Thereafter, a
1198	local government may not amend its future land use map, except
1199	for plan amendments to meet new requirements under this part and
1200	emergency amendments pursuant to s. 163.3187(1)(a), after
1201	December 1, 2011, and every year thereafter, unless and until
1202	the local government has adopted the annual update and it has
1203	been transmitted to the state land planning agency.
1204	2.  Capital improvements element amendments adopted after
1205	the effective date of this act shall require only a single
1206	public hearing before the governing board which shall be an
1207	adoption hearing as described in s. 163.3184(7). Such amendments
1208	are not subject to the requirements of s. 163.3184(3)-(6).
1209	(c)  If the local government does not adopt the required
1210	annual update to the schedule of capital improvements, the state
1211	land planning agency must notify the Administration Commission.
1212	A local government that has a demonstrated lack of commitment to
1213	meeting its obligations identified in the capital improvements
1214	element may be subject to sanctions by the Administration
1215	Commission pursuant to s. 163.3184(11).
1216	(d)  If a local government adopts a long-term concurrency
1217	management system pursuant to s. 163.3180(9), it must also adopt
1218	a long-term capital improvements schedule covering up to a 10-
1219	year or 15-year period, and must update the long-term schedule
1220	annually. The long-term schedule of capital improvements must be
1221	financially feasible.
1222	(e)  At the discretion of the local government and
1223	notwithstanding the requirements of this subsection, a
1224	comprehensive plan, as revised by an amendment to the plan's
1225	future land use map, shall be deemed to be financially feasible
1226	and to have achieved and maintained level-of-service standards
1227	as required by this section with respect to transportation
1228	facilities if the amendment to the future land use map is
1229	supported by a:
1230	1.  Condition in a development order for a development of
1231	regional impact or binding agreement that addresses
1232	proportionate-share mitigation consistent with s. 163.3180(12);
1233	or
1234	2.  Binding agreement addressing proportionate fair-share
1235	mitigation consistent with s. 163.3180(16)(f) and the property
1236	subject to the amendment to the future land use map is located
1237	within an area designated in a comprehensive plan for urban
1238	infill, urban redevelopment, downtown revitalization, urban
1239	infill and redevelopment, or an urban service area. The binding
1240	agreement must be based on the maximum amount of development
1241	identified by the future land use map amendment or as may be
1242	otherwise restricted through a special area plan policy or map
1243	notation in the comprehensive plan.
1244	(f)  A local government's comprehensive plan and plan
1245	amendments for land uses within all transportation concurrency
1246	exception areas that are designated and maintained in accordance
1247	with s. 163.3180(5) shall be deemed to meet the requirement to
1248	achieve and maintain level-of-service standards for
1249	transportation.
1250	(4)(a)  Coordination of the local comprehensive plan with
1251	the comprehensive plans of adjacent municipalities, the county,
1252	adjacent counties, or the region; with the appropriate water
1253	management district's regional water supply plans approved
1254	pursuant to s. 373.709; and with adopted rules pertaining to
1255	designated areas of critical state concern; and with the state
1256	comprehensive plan shall be a major objective of the local
1257	comprehensive planning process. To that end, in the preparation
1258	of a comprehensive plan or element thereof, and in the
1259	comprehensive plan or element as adopted, the governing body
1260	shall include a specific policy statement indicating the
1261	relationship of the proposed development of the area to the
1262	comprehensive plans of adjacent municipalities, the county,
1263	adjacent counties, or the region and to the state comprehensive
1264	plan, as the case may require and as such adopted plans or plans
1265	in preparation may exist.
1266	(b)  When all or a portion of the land in a local
1267	government jurisdiction is or becomes part of a designated area
1268	of critical state concern, the local government shall clearly
1269	identify those portions of the local comprehensive plan that
1270	shall be applicable to the critical area and shall indicate the
1271	relationship of the proposed development of the area to the
1272	rules for the area of critical state concern.
1273	(5)(a)  Each local government comprehensive plan must
1274	include at least two planning periods, one covering at least the
1275	first 5-year period occurring after the plan's adoption and one
1276	covering at least a 10-year period. Additional planning periods
1277	for specific components, elements, land use amendments, or
1278	projects shall be permissible and accepted as part of the
1279	planning process.
1280	(b)  The comprehensive plan and its elements shall contain
1281	guidelines or policies policy recommendations for the
1282	implementation of the plan and its elements.
1283	(6)  In addition to the requirements of subsections (1)-(5)
1284	and (12), the comprehensive plan shall include the following
1285	elements:
1286	(a)  A future land use plan element designating proposed
1287	future general distribution, location, and extent of the uses of
1288	land for residential uses, commercial uses, industry,
1289	agriculture, recreation, conservation, education, public
1290	buildings and grounds, other public facilities, and other
1291	categories of the public and private uses of land. The
1292	approximate acreage and the general range of density or
1293	intensity of use shall be provided for the gross land area
1294	included in each existing land use category. The element shall
1295	establish the long-term end toward which land use programs and
1296	activities are ultimately directed. Counties are encouraged to
1297	designate rural land stewardship areas, pursuant to paragraph
1298	(11)(d), as overlays on the future land use map.
1299	1.  Each future land use category must be defined in terms
1300	of uses included, and must include standards to be followed in
1301	the control and distribution of population densities and
1302	building and structure intensities. The proposed distribution,
1303	location, and extent of the various categories of land use shall
1304	be shown on a land use map or map series which shall be
1305	supplemented by goals, policies, and measurable objectives.
1306	2.  The future land use plan and plan amendments shall be
1307	based upon surveys, studies, and data regarding the area, as
1308	applicable, including:
1309	a.  The amount of land required to accommodate anticipated
1310	growth.;
1311	b.  The projected residential and seasonal population of
1312	the area.;
1313	c.  The character of undeveloped land.;
1314	d.  The availability of water supplies, public facilities,
1315	and services.;
1316	e.  The need for redevelopment, including the renewal of
1317	blighted areas and the elimination of nonconforming uses which
1318	are inconsistent with the character of the community.;
1319	f.  The compatibility of uses on lands adjacent to or
1320	closely proximate to military installations.;
1321	g.  The compatibility of uses on lands adjacent to an
1322	airport as defined in s. 330.35 and consistent with s. 333.02.;
1323	h.  The discouragement of urban sprawl.; energy-efficient
1324	land use patterns accounting for existing and future electric
1325	power generation and transmission systems; greenhouse gas
1326	reduction strategies; and, in rural communities,
1327	i.  The need for job creation, capital investment, and
1328	economic development that will strengthen and diversify the
1329	community's economy.
1330	j.  The need to modify land uses and development patterns
1331	within antiquated subdivisions. The future land use plan may
1332	designate areas for future planned development use involving
1333	combinations of types of uses for which special regulations may
1334	be necessary to ensure development in accord with the principles
1335	and standards of the comprehensive plan and this act.
1336	3.  The future land use plan element shall include criteria
1337	to be used to:
1338	a.  Achieve the compatibility of lands adjacent or closely
1339	proximate to military installations, considering factors
1340	identified in s. 163.3175(5)., and
1341	b.  Achieve the compatibility of lands adjacent to an
1342	airport as defined in s. 330.35 and consistent with s. 333.02.
1343	c.  Encourage preservation of recreational and commercial
1344	working waterfronts for water dependent uses in coastal
1345	communities.
1346	d.  Encourage the location of schools proximate to urban
1347	residential areas to the extent possible.
1348	e.  Coordinate future land uses with the topography and
1349	soil conditions, and the availability of facilities and
1350	services.
1351	f.  Ensure the protection of natural and historic
1352	resources.
1353	g.  Provide for the compatibility of adjacent land uses.
1354	h.  Provide guidelines for the implementation of mixed use
1355	development including the types of uses allowed, the percentage
1356	distribution among the mix of uses, or other standards, and the
1357	density and intensity of each use.
1358	4.  In addition, for rural communities, The amount of land
1359	designated for future planned uses industrial use shall provide
1360	a balance of uses that foster vibrant, viable communities and
1361	economic development opportunities and address outdated
1362	development patterns, such as antiquated subdivisions. The
1363	amount of land designated for future land uses should allow the
1364	operation of real estate markets to provide adequate choices for
1365	permanent and seasonal residents and business and be based upon
1366	surveys and studies that reflect the need for job creation,
1367	capital investment, and the necessity to strengthen and
1368	diversify the local economies, and may not be limited solely by
1369	the projected population of the rural community. The element
1370	shall accommodate at least the minimum amount of land required
1371	to accommodate the medium projections of the University of
1372	Florida's Bureau of Economic and Business Research for at least
1373	a 10-year planning period unless otherwise limited under s.
1374	380.05, including related rules of the Administration
1375	Commission.
1376	5.  The future land use plan of a county may also designate
1377	areas for possible future municipal incorporation.
1378	6.  The land use maps or map series shall generally
1379	identify and depict historic district boundaries and shall
1380	designate historically significant properties meriting
1381	protection. For coastal counties, the future land use element
1382	must include, without limitation, regulatory incentives and
1383	criteria that encourage the preservation of recreational and
1384	commercial working waterfronts as defined in s. 342.07.
1385	7.  The future land use element must clearly identify the
1386	land use categories in which public schools are an allowable
1387	use. When delineating the land use categories in which public
1388	schools are an allowable use, a local government shall include
1389	in the categories sufficient land proximate to residential
1390	development to meet the projected needs for schools in
1391	coordination with public school boards and may establish
1392	differing criteria for schools of different type or size. Each
1393	local government shall include lands contiguous to existing
1394	school sites, to the maximum extent possible, within the land
1395	use categories in which public schools are an allowable use. The
1396	failure by a local government to comply with these school siting
1397	requirements will result in the prohibition of the local
1398	government's ability to amend the local comprehensive plan,
1399	except for plan amendments described in s. 163.3187(1)(b), until
1400	the school siting requirements are met. Amendments proposed by a
1401	local government for purposes of identifying the land use
1402	categories in which public schools are an allowable use are
1403	exempt from the limitation on the frequency of plan amendments
1404	contained in s. 163.3187. The future land use element shall
1405	include criteria that encourage the location of schools
1406	proximate to urban residential areas to the extent possible and
1407	shall require that the local government seek to collocate public
1408	facilities, such as parks, libraries, and community centers,
1409	with schools to the extent possible and to encourage the use of
1410	elementary schools as focal points for neighborhoods. For
1411	schools serving predominantly rural counties, defined as a
1412	county with a population of 100,000 or fewer, an agricultural
1413	land use category is eligible for the location of public school
1414	facilities if the local comprehensive plan contains school
1415	siting criteria and the location is consistent with such
1416	criteria.
1417	8.  Future land use map amendments shall be based upon the
1418	following analyses:
1419	a.  An analysis of the availability of facilities and
1420	services.
1421	b.  An analysis of the suitability of the plan amendment
1422	for its proposed use considering the character of the
1423	undeveloped land, soils, topography, natural resources, and
1424	historic resources on site.
1425	c.  An analysis of the minimum amount of land needed as
1426	determined by the local government.
1427	9.  The future land use element and any amendment to the
1428	future land use element shall discourage the proliferation of
1429	urban sprawl.
1430	a.  The primary indicators that a plan or plan amendment
1431	does not discourage the proliferation of urban sprawl are listed
1432	below. The evaluation of the presence of these indicators shall
1433	consist of an analysis of the plan or plan amendment within the
1434	context of features and characteristics unique to each locality
1435	in order to determine whether the plan or plan amendment:
1436	(I)  Promotes, allows, or designates for development
1437	substantial areas of the jurisdiction to develop as low-
1438	intensity, low-density, or single-use development or uses.
1439	(II)  Promotes, allows, or designates significant amounts
1440	of urban development to occur in rural areas at substantial
1441	distances from existing urban areas while not using undeveloped
1442	lands that are available and suitable for development.
1443	(III)  Promotes, allows, or designates urban development in
1444	radial, strip, isolated, or ribbon patterns generally emanating
1445	from existing urban developments.
1446	(IV)  Fails to adequately protect and conserve natural
1447	resources, such as wetlands, floodplains, native vegetation,
1448	environmentally sensitive areas, natural groundwater aquifer
1449	recharge areas, lakes, rivers, shorelines, beaches, bays,
1450	estuarine systems, and other significant natural systems.
1451	(V)  Fails to adequately protect adjacent agricultural
1452	areas and activities, including silviculture, active
1453	agricultural and silvicultural activities, passive agricultural
1454	activities, and dormant, unique, and prime farmlands and soils.
1455	(VI)  Fails to maximize use of existing public facilities
1456	and services.
1457	(VII)  Fails to maximize use of future public facilities
1458	and services.
1459	(VIII)  Allows for land use patterns or timing which
1460	disproportionately increase the cost in time, money, and energy
1461	of providing and maintaining facilities and services, including
1462	roads, potable water, sanitary sewer, stormwater management, law
1463	enforcement, education, health care, fire and emergency
1464	response, and general government.
1465	(IX)  Fails to provide a clear separation between rural and
1466	urban uses.
1467	(X)  Discourages or inhibits infill development or the
1468	redevelopment of existing neighborhoods and communities.
1469	(XI)  Fails to encourage a functional mix of uses.
1470	(XII)  Results in poor accessibility among linked or
1471	related land uses.
1472	(XIII)  Results in the loss of significant amounts of
1473	functional open space.
1474	b.  The future land use element or plan amendment shall be
1475	determined to discourage the proliferation of urban sprawl if it
1476	incorporates a development pattern or urban form that achieves
1477	four or more of the following:
1478	(I)  Directs or locates economic growth and associated land
1479	development to geographic areas of the community in a manner
1480	that does not have an adverse impact on and protects natural
1481	resources and ecosystems.
1482	(II)  Promotes the efficient and cost-effective provision
1483	or extension of public infrastructure and services.
1484	(III)  Promotes walkable and connected communities and
1485	provides for compact development and a mix of uses at densities
1486	and intensities that will support a range of housing choices and
1487	a multimodal transportation system, including pedestrian,
1488	bicycle, and transit, if available.
1489	(IV)  Promotes conservation of water and energy.
1490	(V)  Preserves agricultural areas and activities, including
1491	silviculture, and dormant, unique, and prime farmlands and
1492	soils.
1493	(VI)  Preserves open space and natural lands and provides
1494	for public open space and recreation needs.
1495	(VII)  Creates a balance of land uses based upon demands of
1496	residential population for the nonresidential needs of an area.
1497	(VIII)  Provides uses, densities, and intensities of use
1498	and urban form that would remediate an existing or planned
1499	development pattern in the vicinity that constitutes sprawl or
1500	if it provides for an innovative development pattern such as
1501	transit-oriented developments or new towns as defined in s.
1502	163.3164.
1503	10.  The future land use element shall include a future
1504	land use map or map series.
1505	a.  The proposed distribution, extent, and location of the
1506	following uses shall be shown on the future land use map or map
1507	series:
1508	(I)  Residential.
1509	(II)  Commercial.
1510	(III)  Industrial.
1511	(IV)  Agricultural.
1512	(V)  Recreational.
1513	(VI)  Conservation.
1514	(VII)  Educational.
1515	(VIII)  Public.
1516	b.  The following areas shall also be shown on the future
1517	land use map or map series, if applicable:
1518	(I)  Historic district boundaries and designated
1519	historically significant properties.
1520	(II)  Transportation concurrency management area boundaries
1521	or transportation concurrency exception area boundaries.
1522	(III)  Multimodal transportation district boundaries.
1523	(IV)  Mixed use categories.
1524	c.  The following natural resources or conditions shall be
1525	shown on the future land use map or map series, if applicable:
1526	(I)  Existing and planned public potable waterwells, cones
1527	of influence, and wellhead protection areas.
1528	(II)  Beaches and shores, including estuarine systems.
1529	(III)  Rivers, bays, lakes, floodplains, and harbors.
1530	(IV)  Wetlands.
1531	(V)  Minerals and soils.
1532	(VI)  Coastal high hazard areas.
1533	11.  Local governments required to update or amend their
1534	comprehensive plan to include criteria and address compatibility
1535	of lands adjacent or closely proximate to existing military
1536	installations, or lands adjacent to an airport as defined in s.
1537	330.35 and consistent with s. 333.02, in their future land use
1538	plan element shall transmit the update or amendment to the state
1539	land planning agency by June 30, 2012.
1540	(b)  A transportation element addressing mobility issues in
1541	relationship to the size and character of the local government.
1542	The purpose of the transportation element shall be to plan for a
1543	multimodal transportation system that places emphasis on public
1544	transportation systems, where feasible. The element shall
1545	provide for a safe, convenient multimodal transportation system,
1546	coordinated with the future land use map or map series and
1547	designed to support all elements of the comprehensive plan. A
1548	local government that has all or part of its jurisdiction
1549	included within the metropolitan planning area of a metropolitan
1550	planning organization (M.P.O.) pursuant to s. 339.175 shall
1551	prepare and adopt a transportation element consistent with this
1552	subsection. Local governments that are not located within the
1553	metropolitan planning area of an M.P.O. shall address traffic
1554	circulation, mass transit, and ports, and aviation and related
1555	facilities consistent with this subsection, except that local
1556	governments with a population of 50,000 or less shall only be
1557	required to address transportation circulation. The element
1558	shall be coordinated with the plans and programs of any
1559	applicable metropolitan planning organization, transportation
1560	authority, Florida Transportation Plan, and Department of
1561	Transportation's adopted work program.
1562	1.  Each local government's transportation element shall
1563	address
1564	(b)  A traffic circulation, including element consisting of
1565	the types, locations, and extent of existing and proposed major
1566	thoroughfares and transportation routes, including bicycle and
1567	pedestrian ways. Transportation corridors, as defined in s.
1568	334.03, may be designated in the transportation traffic
1569	circulation element pursuant to s. 337.273. If the
1570	transportation corridors are designated, the local government
1571	may adopt a transportation corridor management ordinance. The
1572	element shall include a map or map series showing the general
1573	location of the existing and proposed transportation system
1574	features and shall be coordinated with the future land use map
1575	or map series. The element shall reflect the data, analysis, and
1576	associated principles and strategies relating to:
1577	a.  The existing transportation system levels of service
1578	and system needs and the availability of transportation
1579	facilities and services.
1580	b.  The growth trends and travel patterns and interactions
1581	between land use and transportation.
1582	c.  Existing and projected intermodal deficiencies and
1583	needs.
1584	d.  The projected transportation system levels of service
1585	and system needs based upon the future land use map and the
1586	projected integrated transportation system.
1587	e.  How the local government will correct existing facility
1588	deficiencies, meet the identified needs of the projected
1589	transportation system, and advance the purpose of this paragraph
1590	and the other elements of the comprehensive plan.
1591	2.  Local governments within a metropolitan planning area
1592	designated as an M.P.O. pursuant to s. 339.175 shall also
1593	address:
1594	a.  All alternative modes of travel, such as public
1595	transportation, pedestrian, and bicycle travel.
1596	b.  Aviation, rail, seaport facilities, access to those
1597	facilities, and intermodal terminals.
1598	c.  The capability to evacuate the coastal population
1599	before an impending natural disaster.
1600	d.  Airports, projected airport and aviation development,
1601	and land use compatibility around airports, which includes areas
1602	defined in ss. 333.01 and 333.02.
1603	e.  An identification of land use densities, building
1604	intensities, and transportation management programs to promote
1605	public transportation systems in designated public
1606	transportation corridors so as to encourage population densities
1607	sufficient to support such systems.
1608	3.  Municipalities having populations greater than 50,000,
1609	and counties having populations greater than 75,000, shall
1610	include mass-transit provisions showing proposed methods for the
1611	moving of people, rights-of-way, terminals, and related
1612	facilities and shall address:
1613	a.  The provision of efficient public transit services
1614	based upon existing and proposed major trip generators and
1615	attractors, safe and convenient public transit terminals, land
1616	uses, and accommodation of the special needs of the
1617	transportation disadvantaged.
1618	b.  Plans for port, aviation, and related facilities
1619	coordinated with the general circulation and transportation
1620	element.
1621	c.  Plans for the circulation of recreational traffic,
1622	including bicycle facilities, exercise trails, riding
1623	facilities, and such other matters as may be related to the
1624	improvement and safety of movement of all types of recreational
1625	traffic.
1626	4.  At the option of a local government, an airport master
1627	plan, and any subsequent amendments to the airport master plan,
1628	prepared by a licensed publicly owned and operated airport under
1629	s. 333.06 may be incorporated into the local government
1630	comprehensive plan by the local government having jurisdiction
1631	under this act for the area in which the airport or projected
1632	airport development is located by the adoption of a
1633	comprehensive plan amendment. In the amendment to the local
1634	comprehensive plan that integrates the airport master plan, the
1635	comprehensive plan amendment shall address land use
1636	compatibility consistent with chapter 333 regarding airport
1637	zoning; the provision of regional transportation facilities for
1638	the efficient use and operation of the transportation system and
1639	airport; consistency with the local government transportation
1640	circulation element and applicable M.P.O. long-range
1641	transportation plans; the execution of any necessary interlocal
1642	agreements for the purposes of the provision of public
1643	facilities and services to maintain the adopted level-of-service
1644	standards for facilities subject to concurrency; and may address
1645	airport-related or aviation-related development. Development or
1646	expansion of an airport consistent with the adopted airport
1647	master plan that has been incorporated into the local
1648	comprehensive plan in compliance with this part, and airport-
1649	related or aviation-related development that has been addressed
1650	in the comprehensive plan amendment that incorporates the
1651	airport master plan, do not constitute a development of regional
1652	impact. Notwithstanding any other general law, an airport that
1653	has received a development-of-regional-impact development order
1654	pursuant to s. 380.06, but which is no longer required to
1655	undergo development-of-regional-impact review pursuant to this
1656	subsection, may rescind its development-of-regional-impact order
1657	upon written notification to the applicable local government.
1658	Upon receipt by the local government, the development-of-
1659	regional-impact development order shall be deemed rescinded. The
1660	traffic circulation element shall incorporate transportation
1661	strategies to address reduction in greenhouse gas emissions from
1662	the transportation sector.
1663	(c)  A general sanitary sewer, solid waste, drainage,
1664	potable water, and natural groundwater aquifer recharge element
1665	correlated to principles and guidelines for future land use,
1666	indicating ways to provide for future potable water, drainage,
1667	sanitary sewer, solid waste, and aquifer recharge protection
1668	requirements for the area. The element may be a detailed
1669	engineering plan including a topographic map depicting areas of
1670	prime groundwater recharge.
1671	1.  Each local government shall address in the data and
1672	analyses required by this section those facilities that provide
1673	service within the local government's jurisdiction. Local
1674	governments that provide facilities to serve areas within other
1675	local government jurisdictions shall also address those
1676	facilities in the data and analyses required by this section,
1677	using data from the comprehensive plan for those areas for the
1678	purpose of projecting facility needs as required in this
1679	subsection. For shared facilities, each local government shall
1680	indicate the proportional capacity of the systems allocated to
1681	serve its jurisdiction.
1682	2.  The element shall describe the problems and needs and
1683	the general facilities that will be required for solution of the
1684	problems and needs, including correcting existing facility
1685	deficiencies. The element shall address coordinating the
1686	extension of, or increase in the capacity of, facilities to meet
1687	future needs while maximizing the use of existing facilities and
1688	discouraging urban sprawl; conservation of potable water
1689	resources; and protecting the functions of natural groundwater
1690	recharge areas and natural drainage features. The element shall
1691	also include a topographic map depicting any areas adopted by a
1692	regional water management district as prime groundwater recharge
1693	areas for the Floridan or Biscayne aquifers. These areas shall
1694	be given special consideration when the local government is
1695	engaged in zoning or considering future land use for said
1696	designated areas. For areas served by septic tanks, soil surveys
1697	shall be provided which indicate the suitability of soils for
1698	septic tanks.
1699	3.  Within 18 months after the governing board approves an
1700	updated regional water supply plan, the element must incorporate
1701	the alternative water supply project or projects selected by the
1702	local government from those identified in the regional water
1703	supply plan pursuant to s. 373.709(2)(a) or proposed by the
1704	local government under s. 373.709(8)(b). If a local government
1705	is located within two water management districts, the local
1706	government shall adopt its comprehensive plan amendment within
1707	18 months after the later updated regional water supply plan.
1708	The element must identify such alternative water supply projects
1709	and traditional water supply projects and conservation and reuse
1710	necessary to meet the water needs identified in s. 373.709(2)(a)
1711	within the local government's jurisdiction and include a work
1712	plan, covering at least a 10-year planning period, for building
1713	public, private, and regional water supply facilities, including
1714	development of alternative water supplies, which are identified
1715	in the element as necessary to serve existing and new
1716	development. The work plan shall be updated, at a minimum, every
1717	5 years within 18 months after the governing board of a water
1718	management district approves an updated regional water supply
1719	plan. Amendments to incorporate the work plan do not count
1720	toward the limitation on the frequency of adoption of amendments
1721	to the comprehensive plan. Local governments, public and private
1722	utilities, regional water supply authorities, special districts,
1723	and water management districts are encouraged to cooperatively
1724	plan for the development of multijurisdictional water supply
1725	facilities that are sufficient to meet projected demands for
1726	established planning periods, including the development of
1727	alternative water sources to supplement traditional sources of
1728	groundwater and surface water supplies.
1729	(d)  A conservation element for the conservation, use, and
1730	protection of natural resources in the area, including air,
1731	water, water recharge areas, wetlands, waterwells, estuarine
1732	marshes, soils, beaches, shores, flood plains, rivers, bays,
1733	lakes, harbors, forests, fisheries and wildlife, marine habitat,
1734	minerals, and other natural and environmental resources,
1735	including factors that affect energy conservation.
1736	1.  The following natural resources, where present within
1737	the local government's boundaries, shall be identified and
1738	analyzed and existing recreational or conservation uses, known
1739	pollution problems, including hazardous wastes, and the
1740	potential for conservation, recreation, use, or protection shall
1741	also be identified:
1742	a.  Rivers, bays, lakes, wetlands including estuarine
1743	marshes, groundwaters, and springs, including information on
1744	quality of the resource available.
1745	b.  Floodplains.
1746	c.  Known sources of commercially valuable minerals.
1747	d.  Areas known to have experienced soil erosion problems.
1748	e.  Areas that are the location of recreationally and
1749	commercially important fish or shellfish, wildlife, marine
1750	habitats, and vegetative communities, including forests,
1751	indicating known dominant species present and species listed by
1752	federal, state, or local government agencies as endangered,
1753	threatened, or species of special concern.
1754	2.  The element must contain principles, guidelines, and
1755	standards for conservation that provide long-term goals and
1756	which:
1757	a.  Protects air quality.
1758	b.  Conserves, appropriately uses, and protects the quality
1759	and quantity of current and projected water sources and waters
1760	that flow into estuarine waters or oceanic waters and protect
1761	from activities and land uses known to affect adversely the
1762	quality and quantity of identified water sources, including
1763	natural groundwater recharge areas, wellhead protection areas,
1764	and surface waters used as a source of public water supply.
1765	c.  Provides for the emergency conservation of water
1766	sources in accordance with the plans of the regional water
1767	management district.
1768	d.  Conserves, appropriately uses, and protects minerals,
1769	soils, and native vegetative communities, including forests,
1770	from destruction by development activities.
1771	e.  Conserves, appropriately uses, and protects fisheries,
1772	wildlife, wildlife habitat, and marine habitat and restricts
1773	activities known to adversely affect the survival of endangered
1774	and threatened wildlife.
1775	f.  Protects existing natural reservations identified in
1776	the recreation and open space element.
1777	g.  Maintains cooperation with adjacent local governments
1778	to conserve, appropriately use, or protect unique vegetative
1779	communities located within more than one local jurisdiction.
1780	h.  Designates environmentally sensitive lands for
1781	protection based on locally determined criteria which further
1782	the goals and objectives of the conservation element.
1783	i.  Manages hazardous waste to protect natural resources.
1784	j.  Protects and conserves wetlands and the natural
1785	functions of wetlands.
1786	k.  Directs future land uses that are incompatible with the
1787	protection and conservation of wetlands and wetland functions
1788	away from wetlands. The type, intensity or density, extent,
1789	distribution, and location of allowable land uses and the types,
1790	values, functions, sizes, conditions, and locations of wetlands
1791	are land use factors that shall be considered when directing
1792	incompatible land uses away from wetlands. Land uses shall be
1793	distributed in a manner that minimizes the effect and impact on
1794	wetlands. The protection and conservation of wetlands by the
1795	direction of incompatible land uses away from wetlands shall
1796	occur in combination with other principles, guidelines,
1797	standards, and strategies in the comprehensive plan. Where
1798	incompatible land uses are allowed to occur, mitigation shall be
1799	considered as one means to compensate for loss of wetlands
1800	functions.
1801	3.  Local governments shall assess their Current and, as
1802	well as projected, water needs and sources for at least a 10-
1803	year period based on the demands for industrial, agricultural,
1804	and potable water use and the quality and quantity of water
1805	available to meet these demands shall be analyzed.  The analysis
1806	shall consider the existing levels of water conservation, use,
1807	and protection and applicable policies of the regional water
1808	management district and further must consider, considering the
1809	appropriate regional water supply plan approved pursuant to s.
1810	373.709, or, in the absence of an approved regional water supply
1811	plan, the district water management plan approved pursuant to s.
1812	373.036(2). This information shall be submitted to the
1813	appropriate agencies. The land use map or map series contained
1814	in the future land use element shall generally identify and
1815	depict the following:
1816	1.  Existing and planned waterwells and cones of influence
1817	where applicable.
1818	2.  Beaches and shores, including estuarine systems.
1819	3.  Rivers, bays, lakes, flood plains, and harbors.
1820	4.  Wetlands.
1821	5.  Minerals and soils.
1822	6.  Energy conservation.
1823
1824	The land uses identified on such maps shall be consistent with
1825	applicable state law and rules.
1826	(e)  A recreation and open space element indicating a
1827	comprehensive system of public and private sites for recreation,
1828	including, but not limited to, natural reservations, parks and
1829	playgrounds, parkways, beaches and public access to beaches,
1830	open spaces, waterways, and other recreational facilities.
1831	(f)1.  A housing element consisting of standards, plans,
1832	and principles, guidelines, standards, and strategies to be
1833	followed in:
1834	a.  The provision of housing for all current and
1835	anticipated future residents of the jurisdiction.
1836	b.  The elimination of substandard dwelling conditions.
1837	c.  The structural and aesthetic improvement of existing
1838	housing.
1839	d.  The provision of adequate sites for future housing,
1840	including affordable workforce housing as defined in s.
1841	380.0651(3)(h)(j), housing for low-income, very low-income, and
1842	moderate-income families, mobile homes, and group home
1843	facilities and foster care facilities, with supporting
1844	infrastructure and public facilities.
1845	e.  Provision for relocation housing and identification of
1846	historically significant and other housing for purposes of
1847	conservation, rehabilitation, or replacement.
1848	f.  The formulation of housing implementation programs.
1849	g.  The creation or preservation of affordable housing to
1850	minimize the need for additional local services and avoid the
1851	concentration of affordable housing units only in specific areas
1852	of the jurisdiction.
1853	h.  Energy efficiency in the design and construction of new
1854	housing.
1855	i.  Use of renewable energy resources.
1856	j.  Each county in which the gap between the buying power
1857	of a family of four and the median county home sale price
1858	exceeds $170,000, as determined by the Florida Housing Finance
1859	Corporation, and which is not designated as an area of critical
1860	state concern shall adopt a plan for ensuring affordable
1861	workforce housing. At a minimum, the plan shall identify
1862	adequate sites for such housing. For purposes of this sub-
1863	subparagraph, the term "workforce housing" means housing that is
1864	affordable to natural persons or families whose total household
1865	income does not exceed 140 percent of the area median income,
1866	adjusted for household size.
1867	k.  As a precondition to receiving any state affordable
1868	housing funding or allocation for any project or program within
1869	the jurisdiction of a county that is subject to sub-subparagraph
1870	j., a county must, by July 1 of each year, provide certification
1871	that the county has complied with the requirements of sub-
1872	subparagraph j.
1873	2.  The principles, guidelines, standards, and strategies
1874	goals, objectives, and policies of the housing element must be
1875	based on the data and analysis prepared on housing needs,
1876	including an inventory taken from the latest decennial United
1877	States Census or more recent estimates, which shall include the
1878	number and distribution of dwelling units by type, tenure, age,
1879	rent, value, monthly cost of owner-occupied units, and rent or
1880	cost to income ratio, and shall show the number of dwelling
1881	units that are substandard. The inventory shall also include the
1882	methodology used to estimate the condition of housing, a
1883	projection of the anticipated number of households by size,
1884	income range, and age of residents derived from the population
1885	projections, and the minimum housing need of the current and
1886	anticipated future residents of the jurisdiction the affordable
1887	housing needs assessment.
1888	3.  The housing element must express principles,
1889	guidelines, standards, and strategies that reflect, as needed,
1890	the creation and preservation of affordable housing for all
1891	current and anticipated future residents of the jurisdiction,
1892	elimination of substandard housing conditions, adequate sites,
1893	and distribution of housing for a range of incomes and types,
1894	including mobile and manufactured homes. The element must
1895	provide for specific programs and actions to partner with
1896	private and nonprofit sectors to address housing needs in the
1897	jurisdiction, streamline the permitting process, and minimize
1898	costs and delays for affordable housing, establish standards to
1899	address the quality of housing, stabilization of neighborhoods,
1900	and identification and improvement of historically significant
1901	housing.
1902	4.  State and federal housing plans prepared on behalf of
1903	the local government must be consistent with the goals,
1904	objectives, and policies of the housing element. Local
1905	governments are encouraged to use job training, job creation,
1906	and economic solutions to address a portion of their affordable
1907	housing concerns.
1908	2.  To assist local governments in housing data collection
1909	and analysis and assure uniform and consistent information
1910	regarding the state's housing needs, the state land planning
1911	agency shall conduct an affordable housing needs assessment for
1912	all local jurisdictions on a schedule that coordinates the
1913	implementation of the needs assessment with the evaluation and
1914	appraisal reports required by s. 163.3191. Each local government
1915	shall utilize the data and analysis from the needs assessment as
1916	one basis for the housing element of its local comprehensive
1917	plan. The agency shall allow a local government the option to
1918	perform its own needs assessment, if it uses the methodology
1919	established by the agency by rule.
1920	(g)1.  For those units of local government identified in s.
1921	380.24, a coastal management element, appropriately related to
1922	the particular requirements of paragraphs (d) and (e) and
1923	meeting the requirements of s. 163.3178(2) and (3). The coastal
1924	management element shall set forth the principles, guidelines,
1925	standards, and strategies policies that shall guide the local
1926	government's decisions and program implementation with respect
1927	to the following objectives:
1928	1.a.  Maintain, restore, and enhance Maintenance,
1929	restoration, and enhancement of the overall quality of the
1930	coastal zone environment, including, but not limited to, its
1931	amenities and aesthetic values.
1932	2.b.  Preserve the continued existence of viable
1933	populations of all species of wildlife and marine life.
1934	3.c.  Protect the orderly and balanced utilization and
1935	preservation, consistent with sound conservation principles, of
1936	all living and nonliving coastal zone resources.
1937	4.d.  Avoid Avoidance of irreversible and irretrievable
1938	loss of coastal zone resources.
1939	5.e.  Use ecological planning principles and assumptions to
1940	be used in the determination of the suitability and extent of
1941	permitted development.
1942	f.  Proposed management and regulatory techniques.
1943	6.g.  Limit Limitation of public expenditures that
1944	subsidize development in high-hazard coastal high-hazard areas.
1945	7.h.  Protect Protection of human life against the effects
1946	of natural disasters.
1947	8.i.  Direct the orderly development, maintenance, and use
1948	of ports identified in s. 403.021(9) to facilitate deepwater
1949	commercial navigation and other related activities.
1950	9.j.  Preserve historic and archaeological resources, which
1951	include the Preservation, including sensitive adaptive use of
1952	these historic and archaeological resources.
1953	2.  As part of this element, a local government that has a
1954	coastal management element in its comprehensive plan is
1955	encouraged to adopt recreational surface water use policies that
1956	include applicable criteria for and consider such factors as
1957	natural resources, manatee protection needs, protection of
1958	working waterfronts and public access to the water, and
1959	recreation and economic demands. Criteria for manatee protection
1960	in the recreational surface water use policies should reflect
1961	applicable guidance outlined in the Boat Facility Siting Guide
1962	prepared by the Fish and Wildlife Conservation Commission. If
1963	the local government elects to adopt recreational surface water
1964	use policies by comprehensive plan amendment, such comprehensive
1965	plan amendment is exempt from the provisions of s. 163.3187(1).
1966	Local governments that wish to adopt recreational surface water
1967	use policies may be eligible for assistance with the development
1968	of such policies through the Florida Coastal Management Program.
1969	The Office of Program Policy Analysis and Government
1970	Accountability shall submit a report on the adoption of
1971	recreational surface water use policies under this subparagraph
1972	to the President of the Senate, the Speaker of the House of
1973	Representatives, and the majority and minority leaders of the
1974	Senate and the House of Representatives no later than December
1975	1, 2010.
1976	(h)1.  An intergovernmental coordination element showing
1977	relationships and stating principles and guidelines to be used
1978	in coordinating the adopted comprehensive plan with the plans of
1979	school boards, regional water supply authorities, and other
1980	units of local government providing services but not having
1981	regulatory authority over the use of land, with the
1982	comprehensive plans of adjacent municipalities, the county,
1983	adjacent counties, or the region, with the state comprehensive
1984	plan and with the applicable regional water supply plan approved
1985	pursuant to s. 373.709, as the case may require and as such
1986	adopted plans or plans in preparation may exist. This element of
1987	the local comprehensive plan must demonstrate consideration of
1988	the particular effects of the local plan, when adopted, upon the
1989	development of adjacent municipalities, the county, adjacent
1990	counties, or the region, or upon the state comprehensive plan,
1991	as the case may require.
1992	a.  The intergovernmental coordination element must provide
1993	procedures for identifying and implementing joint planning
1994	areas, especially for the purpose of annexation, municipal
1995	incorporation, and joint infrastructure service areas.
1996	b.  The intergovernmental coordination element must provide
1997	for recognition of campus master plans prepared pursuant to s.
1998	1013.30 and airport master plans under paragraph (k).
1999	c.  The intergovernmental coordination element shall
2000	provide for a dispute resolution process, as established
2001	pursuant to s. 186.509, for bringing intergovernmental disputes
2002	to closure in a timely manner.
2003	c.d.  The intergovernmental coordination element shall
2004	provide for interlocal agreements as established pursuant to s.
2005	333.03(1)(b).
2006	2.  The intergovernmental coordination element shall also
2007	state principles and guidelines to be used in coordinating the
2008	adopted comprehensive plan with the plans of school boards and
2009	other units of local government providing facilities and
2010	services but not having regulatory authority over the use of
2011	land. In addition, the intergovernmental coordination element
2012	must describe joint processes for collaborative planning and
2013	decisionmaking on population projections and public school
2014	siting, the location and extension of public facilities subject
2015	to concurrency, and siting facilities with countywide
2016	significance, including locally unwanted land uses whose nature
2017	and identity are established in an agreement.
2018	3.  Within 1 year after adopting their intergovernmental
2019	coordination elements, each county, all the municipalities
2020	within that county, the district school board, and any unit of
2021	local government service providers in that county shall
2022	establish by interlocal or other formal agreement executed by
2023	all affected entities, the joint processes described in this
2024	subparagraph consistent with their adopted intergovernmental
2025	coordination elements. The element must:
2026	a.  Ensure that the local government addresses through
2027	coordination mechanisms the impacts of development proposed in
2028	the local comprehensive plan upon development in adjacent
2029	municipalities, the county, adjacent counties, the region, and
2030	the state. The area of concern for municipalities shall include
2031	adjacent municipalities, the county, and counties adjacent to
2032	the municipality. The area of concern for counties shall include
2033	all municipalities within the county, adjacent counties, and
2034	adjacent municipalities.
2035	b.  Ensure coordination in establishing level of service
2036	standards for public facilities with any state, regional, or
2037	local entity having operational and maintenance responsibility
2038	for such facilities.
2039	3.  To foster coordination between special districts and
2040	local general-purpose governments as local general-purpose
2041	governments implement local comprehensive plans, each
2042	independent special district must submit a public facilities
2043	report to the appropriate local government as required by s.
2044	189.415.
2045	4.  Local governments shall execute an interlocal agreement
2046	with the district school board, the county, and nonexempt
2047	municipalities pursuant to s. 163.31777. The local government
2048	shall amend the intergovernmental coordination element to ensure
2049	that coordination between the local government and school board
2050	is pursuant to the agreement and shall state the obligations of
2051	the local government under the agreement. Plan amendments that
2052	comply with this subparagraph are exempt from the provisions of
2053	s. 163.3187(1).
2054	5.  By January 1, 2004, any county having a population
2055	greater than 100,000, and the municipalities and special
2056	districts within that county, shall submit a report to the
2057	Department of Community Affairs which identifies:
2058	a.   All existing or proposed interlocal service delivery
2059	agreements relating to education; sanitary sewer; public safety;
2060	solid waste; drainage; potable water; parks and recreation; and
2061	transportation facilities.
2062	b.   Any deficits or duplication in the provision of
2063	services within its jurisdiction, whether capital or
2064	operational. Upon request, the Department of Community Affairs
2065	shall provide technical assistance to the local governments in
2066	identifying deficits or duplication.
2067	6.  Within 6 months after submission of the report, the
2068	Department of Community Affairs shall, through the appropriate
2069	regional planning council, coordinate a meeting of all local
2070	governments within the regional planning area to discuss the
2071	reports and potential strategies to remedy any identified
2072	deficiencies or duplications.
2073	7.  Each local government shall update its
2074	intergovernmental coordination element based upon the findings
2075	in the report submitted pursuant to subparagraph 5. The report
2076	may be used as supporting data and analysis for the
2077	intergovernmental coordination element.
2078	(i)  The optional elements of the comprehensive plan in
2079	paragraphs (7)(a) and (b) are required elements for those
2080	municipalities having populations greater than 50,000, and those
2081	counties having populations greater than 75,000, as determined
2082	under s. 186.901.
2083	(j)  For each unit of local government within an urbanized
2084	area designated for purposes of s. 339.175, a transportation
2085	element, which must be prepared and adopted in lieu of the
2086	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
2087	and (d) and which shall address the following issues:
2088	1.  Traffic circulation, including major thoroughfares and
2089	other routes, including bicycle and pedestrian ways.
2090	2.  All alternative modes of travel, such as public
2091	transportation, pedestrian, and bicycle travel.
2092	3.  Parking facilities.
2093	4.  Aviation, rail, seaport facilities, access to those
2094	facilities, and intermodal terminals.
2095	5.  The availability of facilities and services to serve
2096	existing land uses and the compatibility between future land use
2097	and transportation elements.
2098	6.  The capability to evacuate the coastal population prior
2099	to an impending natural disaster.
2100	7.  Airports, projected airport and aviation development,
2101	and land use compatibility around airports, which includes areas
2102	defined in ss. 333.01 and 333.02.
2103	8.  An identification of land use densities, building
2104	intensities, and transportation management programs to promote
2105	public transportation systems in designated public
2106	transportation corridors so as to encourage population densities
2107	sufficient to support such systems.
2108	9.  May include transportation corridors, as defined in s.
2109	334.03, intended for future transportation facilities designated
2110	pursuant to s. 337.273. If transportation corridors are
2111	designated, the local government may adopt a transportation
2112	corridor management ordinance.
2113	10.  The incorporation of transportation strategies to
2114	address reduction in greenhouse gas emissions from the
2115	transportation sector.
2116	(k)  An airport master plan, and any subsequent amendments
2117	to the airport master plan, prepared by a licensed publicly
2118	owned and operated airport under s. 333.06 may be incorporated
2119	into the local government comprehensive plan by the local
2120	government having jurisdiction under this act for the area in
2121	which the airport or projected airport development is located by
2122	the adoption of a comprehensive plan amendment. In the amendment
2123	to the local comprehensive plan that integrates the airport
2124	master plan, the comprehensive plan amendment shall address land
2125	use compatibility consistent with chapter 333 regarding airport
2126	zoning; the provision of regional transportation facilities for
2127	the efficient use and operation of the transportation system and
2128	airport; consistency with the local government transportation
2129	circulation element and applicable metropolitan planning
2130	organization long-range transportation plans; and the execution
2131	of any necessary interlocal agreements for the purposes of the
2132	provision of public facilities and services to maintain the
2133	adopted level-of-service standards for facilities subject to
2134	concurrency; and may address airport-related or aviation-related
2135	development. Development or expansion of an airport consistent
2136	with the adopted airport master plan that has been incorporated
2137	into the local comprehensive plan in compliance with this part,
2138	and airport-related or aviation-related development that has
2139	been addressed in the comprehensive plan amendment that
2140	incorporates the airport master plan, shall not be a development
2141	of regional impact. Notwithstanding any other general law, an
2142	airport that has received a development-of-regional-impact
2143	development order pursuant to s. 380.06, but which is no longer
2144	required to undergo development-of-regional-impact review
2145	pursuant to this subsection, may abandon its development-of-
2146	regional-impact order upon written notification to the
2147	applicable local government. Upon receipt by the local
2148	government, the development-of-regional-impact development order
2149	is void.
2150	(7)  The comprehensive plan may include the following
2151	additional elements, or portions or phases thereof:
2152	(a)  As a part of the circulation element of paragraph
2153	(6)(b) or as a separate element, a mass-transit element showing
2154	proposed methods for the moving of people, rights-of-way,
2155	terminals, related facilities, and fiscal considerations for the
2156	accomplishment of the element.
2157	(b)  As a part of the circulation element of paragraph
2158	(6)(b) or as a separate element, plans for port, aviation, and
2159	related facilities coordinated with the general circulation and
2160	transportation element.
2161	(c)  As a part of the circulation element of paragraph
2162	(6)(b) and in coordination with paragraph (6)(e), where
2163	applicable, a plan element for the circulation of recreational
2164	traffic, including bicycle facilities, exercise trails, riding
2165	facilities, and such other matters as may be related to the
2166	improvement and safety of movement of all types of recreational
2167	traffic.
2168	(d)  As a part of the circulation element of paragraph
2169	(6)(b) or as a separate element, a plan element for the
2170	development of offstreet parking facilities for motor vehicles
2171	and the fiscal considerations for the accomplishment of the
2172	element.
2173	(e)  A public buildings and related facilities element
2174	showing locations and arrangements of civic and community
2175	centers, public schools, hospitals, libraries, police and fire
2176	stations, and other public buildings. This plan element should
2177	show particularly how it is proposed to effect coordination with
2178	governmental units, such as school boards or hospital
2179	authorities, having public development and service
2180	responsibilities, capabilities, and potential but not having
2181	land development regulatory authority. This element may include
2182	plans for architecture and landscape treatment of their grounds.
2183	(f)  A recommended community design element which may
2184	consist of design recommendations for land subdivision,
2185	neighborhood development and redevelopment, design of open space
2186	locations, and similar matters to the end that such
2187	recommendations may be available as aids and guides to
2188	developers in the future planning and development of land in the
2189	area.
2190	(g)  A general area redevelopment element consisting of
2191	plans and programs for the redevelopment of slums and blighted
2192	locations in the area and for community redevelopment, including
2193	housing sites, business and industrial sites, public buildings
2194	sites, recreational facilities, and other purposes authorized by
2195	law.
2196	(h)  A safety element for the protection of residents and
2197	property of the area from fire, hurricane, or manmade or natural
2198	catastrophe, including such necessary features for protection as
2199	evacuation routes and their control in an emergency, water
2200	supply requirements, minimum road widths, clearances around and
2201	elevations of structures, and similar matters.
2202	(i)  An historical and scenic preservation element setting
2203	out plans and programs for those structures or lands in the area
2204	having historical, archaeological, architectural, scenic, or
2205	similar significance.
2206	(j)  An economic element setting forth principles and
2207	guidelines for the commercial and industrial development, if
2208	any, and the employment and personnel utilization within the
2209	area. The element may detail the type of commercial and
2210	industrial development sought, correlated to the present and
2211	projected employment needs of the area and to other elements of
2212	the plans, and may set forth methods by which a balanced and
2213	stable economic base will be pursued.
2214	(k)  Such other elements as may be peculiar to, and
2215	necessary for, the area concerned and as are added to the
2216	comprehensive plan by the governing body upon the recommendation
2217	of the local planning agency.
2218	(l)  Local governments that are not required to prepare
2219	coastal management elements under s. 163.3178 are encouraged to
2220	adopt hazard mitigation/postdisaster redevelopment plans. These
2221	plans should, at a minimum, establish long-term policies
2222	regarding redevelopment, infrastructure, densities,
2223	nonconforming uses, and future land use patterns. Grants to
2224	assist local governments in the preparation of these hazard
2225	mitigation/postdisaster redevelopment plans shall be available
2226	through the Emergency Management Preparedness and Assistance
2227	Account in the Grants and Donations Trust Fund administered by
2228	the department, if such account is created by law. The plans
2229	must be in compliance with the requirements of this act and
2230	chapter 252.
2231	(8)  All elements of the comprehensive plan, whether
2232	mandatory or optional, shall be based upon data appropriate to
2233	the element involved. Surveys and studies utilized in the
2234	preparation of the comprehensive plan shall not be deemed a part
2235	of the comprehensive plan unless adopted as a part of it. Copies
2236	of such studies, surveys, and supporting documents shall be made
2237	available to public inspection, and copies of such plans shall
2238	be made available to the public upon payment of reasonable
2239	charges for reproduction.
2240	(9)  The state land planning agency shall, by February 15,
2241	1986, adopt by rule minimum criteria for the review and
2242	determination of compliance of the local government
2243	comprehensive plan elements required by this act. Such rules
2244	shall not be subject to rule challenges under s. 120.56(2) or to
2245	drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2246	become effective only after they have been submitted to the
2247	President of the Senate and the Speaker of the House of
2248	Representatives for review by the Legislature no later than 30
2249	days prior to the next regular session of the Legislature. In
2250	its review the Legislature may reject, modify, or take no action
2251	relative to the rules. The agency shall conform the rules to the
2252	changes made by the Legislature, or, if no action was taken, the
2253	agency rules shall become effective. The rule shall include
2254	criteria for determining whether:
2255	(a)  Proposed elements are in compliance with the
2256	requirements of part II, as amended by this act.
2257	(b)  Other elements of the comprehensive plan are related
2258	to and consistent with each other.
2259	(c)  The local government comprehensive plan elements are
2260	consistent with the state comprehensive plan and the appropriate
2261	regional policy plan pursuant to s. 186.508.
2262	(d)  Certain bays, estuaries, and harbors that fall under
2263	the jurisdiction of more than one local government are managed
2264	in a consistent and coordinated manner in the case of local
2265	governments required to include a coastal management element in
2266	their comprehensive plans pursuant to paragraph (6)(g).
2267	(e)  Proposed elements identify the mechanisms and
2268	procedures for monitoring, evaluating, and appraising
2269	implementation of the plan. Specific measurable objectives are
2270	included to provide a basis for evaluating effectiveness as
2271	required by s. 163.3191.
2272	(f)  Proposed elements contain policies to guide future
2273	decisions in a consistent manner.
2274	(g)  Proposed elements contain programs and activities to
2275	ensure that comprehensive plans are implemented.
2276	(h)  Proposed elements identify the need for and the
2277	processes and procedures to ensure coordination of all
2278	development activities and services with other units of local
2279	government, regional planning agencies, water management
2280	districts, and state and federal agencies as appropriate.
2281
2282	The state land planning agency may adopt procedural rules that
2283	are consistent with this section and chapter 120 for the review
2284	of local government comprehensive plan elements required under
2285	this section. The state land planning agency shall provide model
2286	plans and ordinances and, upon request, other assistance to
2287	local governments in the adoption and implementation of their
2288	revised local government comprehensive plans. The review and
2289	comment provisions applicable prior to October 1, 1985, shall
2290	continue in effect until the criteria for review and
2291	determination are adopted pursuant to this subsection and the
2292	comprehensive plans required by s. 163.3167(2) are due.
2293	(10)  The Legislature recognizes the importance and
2294	significance of chapter 9J-5, Florida Administrative Code, the
2295	Minimum Criteria for Review of Local Government Comprehensive
2296	Plans and Determination of Compliance of the Department of
2297	Community Affairs that will be used to determine compliance of
2298	local comprehensive plans. The Legislature reserved unto itself
2299	the right to review chapter 9J-5, Florida Administrative Code,
2300	and to reject, modify, or take no action relative to this rule.
2301	Therefore, pursuant to subsection (9), the Legislature hereby
2302	has reviewed chapter 9J-5, Florida Administrative Code, and
2303	expresses the following legislative intent:
2304	(a)  The Legislature finds that in order for the department
2305	to review local comprehensive plans, it is necessary to define
2306	the term "consistency." Therefore, for the purpose of
2307	determining whether local comprehensive plans are consistent
2308	with the state comprehensive plan and the appropriate regional
2309	policy plan, a local plan shall be consistent with such plans if
2310	the local plan is "compatible with" and "furthers" such plans.
2311	The term "compatible with" means that the local plan is not in
2312	conflict with the state comprehensive plan or appropriate
2313	regional policy plan. The term "furthers" means to take action
2314	in the direction of realizing goals or policies of the state or
2315	regional plan. For the purposes of determining consistency of
2316	the local plan with the state comprehensive plan or the
2317	appropriate regional policy plan, the state or regional plan
2318	shall be construed as a whole and no specific goal and policy
2319	shall be construed or applied in isolation from the other goals
2320	and policies in the plans.
2321	(b)  Each local government shall review all the state
2322	comprehensive plan goals and policies and shall address in its
2323	comprehensive plan the goals and policies which are relevant to
2324	the circumstances or conditions in its jurisdiction. The
2325	decision regarding which particular state comprehensive plan
2326	goals and policies will be furthered by the expenditure of a
2327	local government's financial resources in any given year is a
2328	decision which rests solely within the discretion of the local
2329	government. Intergovernmental coordination, as set forth in
2330	paragraph (6)(h), shall be utilized to the extent required to
2331	carry out the provisions of chapter 9J-5, Florida Administrative
2332	Code.
2333	(c)  The Legislature declares that if any portion of
2334	chapter 9J-5, Florida Administrative Code, is found to be in
2335	conflict with this part, the appropriate statutory provision
2336	shall prevail.
2337	(d)  Chapter 9J-5, Florida Administrative Code, does not
2338	mandate the creation, limitation, or elimination of regulatory
2339	authority, nor does it authorize the adoption or require the
2340	repeal of any rules, criteria, or standards of any local,
2341	regional, or state agency.
2342	(e)  It is the Legislature's intent that support data or
2343	summaries thereof shall not be subject to the compliance review
2344	process, but the Legislature intends that goals and policies be
2345	clearly based on appropriate data. The department may utilize
2346	support data or summaries thereof to aid in its determination of
2347	compliance and consistency. The Legislature intends that the
2348	department may evaluate the application of a methodology
2349	utilized in data collection or whether a particular methodology
2350	is professionally accepted. However, the department shall not
2351	evaluate whether one accepted methodology is better than
2352	another. Chapter 9J-5, Florida Administrative Code, shall not be
2353	construed to require original data collection by local
2354	governments; however, Local governments are not to be
2355	discouraged from utilizing original data so long as
2356	methodologies are professionally accepted.
2357	(f)  The Legislature recognizes that under this section,
2358	local governments are charged with setting levels of service for
2359	public facilities in their comprehensive plans in accordance
2360	with which development orders and permits will be issued
2361	pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2362	the authority of state, regional, or local agencies as otherwise
2363	provided by law.
2364	(g)  Definitions contained in chapter 9J-5, Florida
2365	Administrative Code, are not intended to modify or amend the
2366	definitions utilized for purposes of other programs or rules or
2367	to establish or limit regulatory authority. Local governments
2368	may establish alternative definitions in local comprehensive
2369	plans, as long as such definitions accomplish the intent of this
2370	chapter, and chapter 9J-5, Florida Administrative Code.
2371	(h)  It is the intent of the Legislature that public
2372	facilities and services needed to support development shall be
2373	available concurrent with the impacts of such development in
2374	accordance with s. 163.3180. In meeting this intent, public
2375	facility and service availability shall be deemed sufficient if
2376	the public facilities and services for a development are phased,
2377	or the development is phased, so that the public facilities and
2378	those related services which are deemed necessary by the local
2379	government to operate the facilities necessitated by that
2380	development are available concurrent with the impacts of the
2381	development. The public facilities and services, unless already
2382	available, are to be consistent with the capital improvements
2383	element of the local comprehensive plan as required by paragraph
2384	(3)(a) or guaranteed in an enforceable development agreement.
2385	This shall include development agreements pursuant to this
2386	chapter or in an agreement or a development order issued
2387	pursuant to chapter 380. Nothing herein shall be construed to
2388	require a local government to address services in its capital
2389	improvements plan or to limit a local government's ability to
2390	address any service in its capital improvements plan that it
2391	deems necessary.
2392	(i)  The department shall take into account the factors
2393	delineated in rule 9J-5.002(2), Florida Administrative Code, as
2394	it provides assistance to local governments and applies the rule
2395	in specific situations with regard to the detail of the data and
2396	analysis required.
2397	(j)  Chapter 9J-5, Florida Administrative Code, has become
2398	effective pursuant to subsection (9). The Legislature hereby
2399	directs the department to adopt amendments as necessary which
2400	conform chapter 9J-5, Florida Administrative Code, with the
2401	requirements of this legislative intent by October 1, 1986.
2402	(k)  In order for local governments to prepare and adopt
2403	comprehensive plans with knowledge of the rules that are applied
2404	to determine consistency of the plans with this part, there
2405	should be no doubt as to the legal standing of chapter 9J-5,
2406	Florida Administrative Code, at the close of the 1986
2407	legislative session. Therefore, the Legislature declares that
2408	changes made to chapter 9J-5 before October 1, 1986, are not
2409	subject to rule challenges under s. 120.56(2), or to drawout
2410	proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2411	Florida Administrative Code, as amended, is subject to rule
2412	challenges under s. 120.56(3), as nothing herein indicates
2413	approval or disapproval of any portion of chapter 9J-5 not
2414	specifically addressed herein. Any amendments to chapter 9J-5,
2415	Florida Administrative Code, exclusive of the amendments adopted
2416	prior to October 1, 1986, pursuant to this act, shall be subject
2417	to the full chapter 120 process. All amendments shall have
2418	effective dates as provided in chapter 120 and submission to the
2419	President of the Senate and Speaker of the House of
2420	Representatives shall not be required.
2421	(l)  The state land planning agency shall consider land use
2422	compatibility issues in the vicinity of all airports in
2423	coordination with the Department of Transportation and adjacent
2424	to or in close proximity to all military installations in
2425	coordination with the Department of Defense.
2426	(11)(a)  The Legislature recognizes the need for innovative
2427	planning and development strategies which will address the
2428	anticipated demands of continued urbanization of Florida's
2429	coastal and other environmentally sensitive areas, and which
2430	will accommodate the development of less populated regions of
2431	the state which seek economic development and which have
2432	suitable land and water resources to accommodate growth in an
2433	environmentally acceptable manner. The Legislature further
2434	recognizes the substantial advantages of innovative approaches
2435	to development which may better serve to protect environmentally
2436	sensitive areas, maintain the economic viability of agricultural
2437	and other predominantly rural land uses, and provide for the
2438	cost-efficient delivery of public facilities and services.
2439	(b)  It is the intent of the Legislature that the local
2440	government comprehensive plans and plan amendments adopted
2441	pursuant to the provisions of this part provide for a planning
2442	process which allows for land use efficiencies within existing
2443	urban areas and which also allows for the conversion of rural
2444	lands to other uses, where appropriate and consistent with the
2445	other provisions of this part and the affected local
2446	comprehensive plans, through the application of innovative and
2447	flexible planning and development strategies and creative land
2448	use planning techniques, which may include, but not be limited
2449	to, urban villages, new towns, satellite communities, area-based
2450	allocations, clustering and open space provisions, mixed-use
2451	development, and sector planning.
2452	(c)  It is the further intent of the Legislature that local
2453	government comprehensive plans and implementing land development
2454	regulations shall provide strategies which maximize the use of
2455	existing facilities and services through redevelopment, urban
2456	infill development, and other strategies for urban
2457	revitalization.
2458	(d)1.  The department, in cooperation with the Department
2459	of Agriculture and Consumer Services, the Department of
2460	Environmental Protection, water management districts, and
2461	regional planning councils, shall provide assistance to local
2462	governments in the implementation of this paragraph and rule 9J-
2463	5.006(5)(l), Florida Administrative Code. Implementation of
2464	those provisions shall include a process by which the department
2465	may authorize local governments to designate all or portions of
2466	lands classified in the future land use element as predominantly
2467	agricultural, rural, open, open-rural, or a substantively
2468	equivalent land use, as a rural land stewardship area within
2469	which planning and economic incentives are applied to encourage
2470	the implementation of innovative and flexible planning and
2471	development strategies and creative land use planning
2472	techniques, including those contained herein and in rule 9J-
2473	5.006(5)(l), Florida Administrative Code. Assistance may
2474	include, but is not limited to:
2475	a.  Assistance from the Department of Environmental
2476	Protection and water management districts in creating the
2477	geographic information systems land cover database and aerial
2478	photogrammetry needed to prepare for a rural land stewardship
2479	area;
2480	b.  Support for local government implementation of rural
2481	land stewardship concepts by providing information and
2482	assistance to local governments regarding land acquisition
2483	programs that may be used by the local government or landowners
2484	to leverage the protection of greater acreage and maximize the
2485	effectiveness of rural land stewardship areas; and
2486	c.  Expansion of the role of the Department of Community
2487	Affairs as a resource agency to facilitate establishment of
2488	rural land stewardship areas in smaller rural counties that do
2489	not have the staff or planning budgets to create a rural land
2490	stewardship area.
2491	2.  The department shall encourage participation by local
2492	governments of different sizes and rural characteristics in
2493	establishing and implementing rural land stewardship areas. It
2494	is the intent of the Legislature that rural land stewardship
2495	areas be used to further the following broad principles of rural
2496	sustainability: restoration and maintenance of the economic
2497	value of rural land; control of urban sprawl; identification and
2498	protection of ecosystems, habitats, and natural resources;
2499	promotion of rural economic activity; maintenance of the
2500	viability of Florida's agricultural economy; and protection of
2501	the character of rural areas of Florida. Rural land stewardship
2502	areas may be multicounty in order to encourage coordinated
2503	regional stewardship planning.
2504	3.  A local government, in conjunction with a regional
2505	planning council, a stakeholder organization of private land
2506	owners, or another local government, shall notify the department
2507	in writing of its intent to designate a rural land stewardship
2508	area. The written notification shall describe the basis for the
2509	designation, including the extent to which the rural land
2510	stewardship area enhances rural land values, controls urban
2511	sprawl, provides necessary open space for agriculture and
2512	protection of the natural environment, promotes rural economic
2513	activity, and maintains rural character and the economic
2514	viability of agriculture.
2515	4.  A rural land stewardship area shall be not less than
2516	10,000 acres and shall be located outside of municipalities and
2517	established urban growth boundaries, and shall be designated by
2518	plan amendment. The plan amendment designating a rural land
2519	stewardship area shall be subject to review by the Department of
2520	Community Affairs pursuant to s. 163.3184 and shall provide for
2521	the following:
2522	a.  Criteria for the designation of receiving areas within
2523	rural land stewardship areas in which innovative planning and
2524	development strategies may be applied. Criteria shall at a
2525	minimum provide for the following: adequacy of suitable land to
2526	accommodate development so as to avoid conflict with
2527	environmentally sensitive areas, resources, and habitats;
2528	compatibility between and transition from higher density uses to
2529	lower intensity rural uses; the establishment of receiving area
2530	service boundaries which provide for a separation between
2531	receiving areas and other land uses within the rural land
2532	stewardship area through limitations on the extension of
2533	services; and connection of receiving areas with the rest of the
2534	rural land stewardship area using rural design and rural road
2535	corridors.
2536	b.  Goals, objectives, and policies setting forth the
2537	innovative planning and development strategies to be applied
2538	within rural land stewardship areas pursuant to the provisions
2539	of this section.
2540	c.  A process for the implementation of innovative planning
2541	and development strategies within the rural land stewardship
2542	area, including those described in this subsection and rule 9J-
2543	5.006(5)(l), Florida Administrative Code, which provide for a
2544	functional mix of land uses, including adequate available
2545	workforce housing, including low, very-low and moderate income
2546	housing for the development anticipated in the receiving area
2547	and which are applied through the adoption by the local
2548	government of zoning and land development regulations applicable
2549	to the rural land stewardship area.
2550	d.  A process which encourages visioning pursuant to s.
2551	163.3167(11) to ensure that innovative planning and development
2552	strategies comply with the provisions of this section.
2553	e.  The control of sprawl through the use of innovative
2554	strategies and creative land use techniques consistent with the
2555	provisions of this subsection and rule 9J-5.006(5)(l), Florida
2556	Administrative Code.
2557	5.  A receiving area shall be designated by the adoption of
2558	a land development regulation. Prior to the designation of a
2559	receiving area, the local government shall provide the
2560	Department of Community Affairs a period of 30 days in which to
2561	review a proposed receiving area for consistency with the rural
2562	land stewardship area plan amendment and to provide comments to
2563	the local government. At the time of designation of a
2564	stewardship receiving area, a listed species survey will be
2565	performed. If listed species occur on the receiving area site,
2566	the developer shall coordinate with each appropriate local,
2567	state, or federal agency to determine if adequate provisions
2568	have been made to protect those species in accordance with
2569	applicable regulations. In determining the adequacy of
2570	provisions for the protection of listed species and their
2571	habitats, the rural land stewardship area shall be considered as
2572	a whole, and the impacts to areas to be developed as receiving
2573	areas shall be considered together with the environmental
2574	benefits of areas protected as sending areas in fulfilling this
2575	criteria.
2576	6.  Upon the adoption of a plan amendment creating a rural
2577	land stewardship area, the local government shall, by ordinance,
2578	establish the methodology for the creation, conveyance, and use
2579	of transferable rural land use credits, otherwise referred to as
2580	stewardship credits, the application of which shall not
2581	constitute a right to develop land, nor increase density of
2582	land, except as provided by this section. The total amount of
2583	transferable rural land use credits within the rural land
2584	stewardship area must enable the realization of the long-term
2585	vision and goals for the 25-year or greater projected population
2586	of the rural land stewardship area, which may take into
2587	consideration the anticipated effect of the proposed receiving
2588	areas. Transferable rural land use credits are subject to the
2589	following limitations:
2590	a.  Transferable rural land use credits may only exist
2591	within a rural land stewardship area.
2592	b.  Transferable rural land use credits may only be used on
2593	lands designated as receiving areas and then solely for the
2594	purpose of implementing innovative planning and development
2595	strategies and creative land use planning techniques adopted by
2596	the local government pursuant to this section.
2597	c.  Transferable rural land use credits assigned to a
2598	parcel of land within a rural land stewardship area shall cease
2599	to exist if the parcel of land is removed from the rural land
2600	stewardship area by plan amendment.
2601	d.  Neither the creation of the rural land stewardship area
2602	by plan amendment nor the assignment of transferable rural land
2603	use credits by the local government shall operate to displace
2604	the underlying density of land uses assigned to a parcel of land
2605	within the rural land stewardship area; however, if transferable
2606	rural land use credits are transferred from a parcel for use
2607	within a designated receiving area, the underlying density
2608	assigned to the parcel of land shall cease to exist.
2609	e.  The underlying density on each parcel of land located
2610	within a rural land stewardship area shall not be increased or
2611	decreased by the local government, except as a result of the
2612	conveyance or use of transferable rural land use credits, as
2613	long as the parcel remains within the rural land stewardship
2614	area.
2615	f.  Transferable rural land use credits shall cease to
2616	exist on a parcel of land where the underlying density assigned
2617	to the parcel of land is utilized.
2618	g.  An increase in the density of use on a parcel of land
2619	located within a designated receiving area may occur only
2620	through the assignment or use of transferable rural land use
2621	credits and shall not require a plan amendment.
2622	h.  A change in the density of land use on parcels located
2623	within receiving areas shall be specified in a development order
2624	which reflects the total number of transferable rural land use
2625	credits assigned to the parcel of land and the infrastructure
2626	and support services necessary to provide for a functional mix
2627	of land uses corresponding to the plan of development.
2628	i.  Land within a rural land stewardship area may be
2629	removed from the rural land stewardship area through a plan
2630	amendment.
2631	j.  Transferable rural land use credits may be assigned at
2632	different ratios of credits per acre according to the natural
2633	resource or other beneficial use characteristics of the land and
2634	according to the land use remaining following the transfer of
2635	credits, with the highest number of credits per acre assigned to
2636	the most environmentally valuable land or, in locations where
2637	the retention of open space and agricultural land is a priority,
2638	to such lands.
2639	k.  The use or conveyance of transferable rural land use
2640	credits must be recorded in the public records of the county in
2641	which the property is located as a covenant or restrictive
2642	easement running with the land in favor of the county and either
2643	the Department of Environmental Protection, Department of
2644	Agriculture and Consumer Services, a water management district,
2645	or a recognized statewide land trust.
2646	7.  Owners of land within rural land stewardship areas
2647	should be provided incentives to enter into rural land
2648	stewardship agreements, pursuant to existing law and rules
2649	adopted thereto, with state agencies, water management
2650	districts, and local governments to achieve mutually agreed upon
2651	conservation objectives. Such incentives may include, but not be
2652	limited to, the following:
2653	a.  Opportunity to accumulate transferable mitigation
2654	credits.
2655	b.  Extended permit agreements.
2656	c.  Opportunities for recreational leases and ecotourism.
2657	d.  Payment for specified land management services on
2658	publicly owned land, or property under covenant or restricted
2659	easement in favor of a public entity.
2660	e.  Option agreements for sale to public entities or
2661	private land conservation entities, in either fee or easement,
2662	upon achievement of conservation objectives.
2663	8.  The department shall report to the Legislature on an
2664	annual basis on the results of implementation of rural land
2665	stewardship areas authorized by the department, including
2666	successes and failures in achieving the intent of the
2667	Legislature as expressed in this paragraph.
2668	(e)  The Legislature finds that mixed-use, high-density
2669	development is appropriate for urban infill and redevelopment
2670	areas. Mixed-use projects accommodate a variety of uses,
2671	including residential and commercial, and usually at higher
2672	densities that promote pedestrian-friendly, sustainable
2673	communities. The Legislature recognizes that mixed-use, high-
2674	density development improves the quality of life for residents
2675	and businesses in urban areas. The Legislature finds that mixed-
2676	use, high-density redevelopment and infill benefits residents by
2677	creating a livable community with alternative modes of
2678	transportation. Furthermore, the Legislature finds that local
2679	zoning ordinances often discourage mixed-use, high-density
2680	development in areas that are appropriate for urban infill and
2681	redevelopment. The Legislature intends to discourage single-use
2682	zoning in urban areas which often leads to lower-density, land-
2683	intensive development outside an urban service area. Therefore,
2684	the Department of Community Affairs shall provide technical
2685	assistance to local governments in order to encourage mixed-use,
2686	high-density urban infill and redevelopment projects.
2687	(f)  The Legislature finds that a program for the transfer
2688	of development rights is a useful tool to preserve historic
2689	buildings and create public open spaces in urban areas. A
2690	program for the transfer of development rights allows the
2691	transfer of density credits from historic properties and public
2692	open spaces to areas designated for high-density development.
2693	The Legislature recognizes that high-density development is
2694	integral to the success of many urban infill and redevelopment
2695	projects. The Legislature intends to encourage high-density
2696	urban infill and redevelopment while preserving historic
2697	structures and open spaces. Therefore, the Department of
2698	Community Affairs shall provide technical assistance to local
2699	governments in order to promote the transfer of development
2700	rights within urban areas for high-density infill and
2701	redevelopment projects.
2702	(g)  The implementation of this subsection shall be subject
2703	to the provisions of this chapter, chapters 186 and 187, and
2704	applicable agency rules.
2705	(h)  The department may adopt rules necessary to implement
2706	the provisions of this subsection.
2707	(12)  A public school facilities element adopted to
2708	implement a school concurrency program shall meet the
2709	requirements of this subsection. Each county and each
2710	municipality within the county, unless exempt or subject to a
2711	waiver, must adopt a public school facilities element that is
2712	consistent with those adopted by the other local governments
2713	within the county and enter the interlocal agreement pursuant to
2714	s. 163.31777.
2715	(a)  The state land planning agency may provide a waiver to
2716	a county and to the municipalities within the county if the
2717	capacity rate for all schools within the school district is no
2718	greater than 100 percent and the projected 5-year capital outlay
2719	full-time equivalent student growth rate is less than 10
2720	percent. The state land planning agency may allow for a
2721	projected 5-year capital outlay full-time equivalent student
2722	growth rate to exceed 10 percent when the projected 10-year
2723	capital outlay full-time equivalent student enrollment is less
2724	than 2,000 students and the capacity rate for all schools within
2725	the school district in the tenth year will not exceed the 100-
2726	percent limitation. The state land planning agency may allow for
2727	a single school to exceed the 100-percent limitation if it can
2728	be demonstrated that the capacity rate for that single school is
2729	not greater than 105 percent. In making this determination, the
2730	state land planning agency shall consider the following
2731	criteria:
2732	1.  Whether the exceedance is due to temporary
2733	circumstances;
2734	2.  Whether the projected 5-year capital outlay full time
2735	equivalent student growth rate for the school district is
2736	approaching the 10-percent threshold;
2737	3.  Whether one or more additional schools within the
2738	school district are at or approaching the 100-percent threshold;
2739	and
2740	4.  The adequacy of the data and analysis submitted to
2741	support the waiver request.
2742	(b)  A municipality in a nonexempt county is exempt if the
2743	municipality meets all of the following criteria for having no
2744	significant impact on school attendance:
2745	1.  The municipality has issued development orders for
2746	fewer than 50 residential dwelling units during the preceding 5
2747	years, or the municipality has generated fewer than 25
2748	additional public school students during the preceding 5 years.
2749	2.  The municipality has not annexed new land during the
2750	preceding 5 years in land use categories that permit residential
2751	uses that will affect school attendance rates.
2752	3.  The municipality has no public schools located within
2753	its boundaries.
2754	(c)  A public school facilities element shall be based upon
2755	data and analyses that address, among other items, how level-of-
2756	service standards will be achieved and maintained. Such data and
2757	analyses must include, at a minimum, such items as: the
2758	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2759	year school district facilities work program adopted pursuant to
2760	s. 1013.35; the educational plant survey prepared pursuant to s.
2761	1013.31 and an existing educational and ancillary plant map or
2762	map series; information on existing development and development
2763	anticipated for the next 5 years and the long-term planning
2764	period; an analysis of problems and opportunities for existing
2765	schools and schools anticipated in the future; an analysis of
2766	opportunities to collocate future schools with other public
2767	facilities such as parks, libraries, and community centers; an
2768	analysis of the need for supporting public facilities for
2769	existing and future schools; an analysis of opportunities to
2770	locate schools to serve as community focal points; projected
2771	future population and associated demographics, including
2772	development patterns year by year for the upcoming 5-year and
2773	long-term planning periods; and anticipated educational and
2774	ancillary plants with land area requirements.
2775	(d)  The element shall contain one or more goals which
2776	establish the long-term end toward which public school programs
2777	and activities are ultimately directed.
2778	(e)  The element shall contain one or more objectives for
2779	each goal, setting specific, measurable, intermediate ends that
2780	are achievable and mark progress toward the goal.
2781	(f)  The element shall contain one or more policies for
2782	each objective which establish the way in which programs and
2783	activities will be conducted to achieve an identified goal.
2784	(g)  The objectives and policies shall address items such
2785	as:
2786	1.  The procedure for an annual update process;
2787	2.  The procedure for school site selection;
2788	3.  The procedure for school permitting;
2789	4.  Provision for infrastructure necessary to support
2790	proposed schools, including potable water, wastewater, drainage,
2791	solid waste, transportation, and means by which to assure safe
2792	access to schools, including sidewalks, bicycle paths, turn
2793	lanes, and signalization;
2794	5.  Provision for colocation of other public facilities,
2795	such as parks, libraries, and community centers, in proximity to
2796	public schools;
2797	6.  Provision for location of schools proximate to
2798	residential areas and to complement patterns of development,
2799	including the location of future school sites so they serve as
2800	community focal points;
2801	7.  Measures to ensure compatibility of school sites and
2802	surrounding land uses;
2803	8.  Coordination with adjacent local governments and the
2804	school district on emergency preparedness issues, including the
2805	use of public schools to serve as emergency shelters; and
2806	9.  Coordination with the future land use element.
2807	(h)  The element shall include one or more future
2808	conditions maps which depict the anticipated location of
2809	educational and ancillary plants, including the general location
2810	of improvements to existing schools or new schools anticipated
2811	over the 5-year or long-term planning period. The maps will of
2812	necessity be general for the long-term planning period and more
2813	specific for the 5-year period. Maps indicating general
2814	locations of future schools or school improvements may not
2815	prescribe a land use on a particular parcel of land.
2816	(i)  The state land planning agency shall establish a
2817	phased schedule for adoption of the public school facilities
2818	element and the required updates to the public schools
2819	interlocal agreement pursuant to s. 163.31777. The schedule
2820	shall provide for each county and local government within the
2821	county to adopt the element and update to the agreement no later
2822	than December 1, 2008. Plan amendments to adopt a public school
2823	facilities element are exempt from the provisions of s.
2824	163.3187(1).
2825	(j)  The state land planning agency may issue a notice to
2826	the school board and the local government to show cause why
2827	sanctions should not be enforced for failure to enter into an
2828	approved interlocal agreement as required by s. 163.31777 or for
2829	failure to implement provisions relating to public school
2830	concurrency. If the state land planning agency finds that
2831	insufficient cause exists for the school board's or local
2832	government's failure to enter into an approved interlocal
2833	agreement as required by s. 163.31777 or for the school board's
2834	or local government's failure to implement the provisions
2835	relating to public school concurrency, the state land planning
2836	agency shall submit its finding to the Administration Commission
2837	which may impose on the local government any of the sanctions
2838	set forth in s. 163.3184(11)(a) and (b) and may impose on the
2839	district school board any of the sanctions set forth in s.
2840	1008.32(4).
2841	(13)  Local governments are encouraged to develop a
2842	community vision that provides for sustainable growth,
2843	recognizes its fiscal constraints, and protects its natural
2844	resources. At the request of a local government, the applicable
2845	regional planning council shall provide assistance in the
2846	development of a community vision.
2847	(a)  As part of the process of developing a community
2848	vision under this section, the local government must hold two
2849	public meetings with at least one of those meetings before the
2850	local planning agency. Before those public meetings, the local
2851	government must hold at least one public workshop with
2852	stakeholder groups such as neighborhood associations, community
2853	organizations, businesses, private property owners, housing and
2854	development interests, and environmental organizations.
2855	(b)  The local government must, at a minimum, discuss five
2856	of the following topics as part of the workshops and public
2857	meetings required under paragraph (a):
2858	1.  Future growth in the area using population forecasts
2859	from the Bureau of Economic and Business Research;
2860	2.  Priorities for economic development;
2861	3.  Preservation of open space, environmentally sensitive
2862	lands, and agricultural lands;
2863	4.  Appropriate areas and standards for mixed-use
2864	development;
2865	5.  Appropriate areas and standards for high-density
2866	commercial and residential development;
2867	6.  Appropriate areas and standards for economic
2868	development opportunities and employment centers;
2869	7.  Provisions for adequate workforce housing;
2870	8.  An efficient, interconnected multimodal transportation
2871	system; and
2872	9.  Opportunities to create land use patterns that
2873	accommodate the issues listed in subparagraphs 1.-8.
2874	(c)  As part of the workshops and public meetings, the
2875	local government must discuss strategies for addressing the
2876	topics discussed under paragraph (b), including:
2877	1.  Strategies to preserve open space and environmentally
2878	sensitive lands, and to encourage a healthy agricultural
2879	economy, including innovative planning and development
2880	strategies, such as the transfer of development rights;
2881	2.  Incentives for mixed-use development, including
2882	increased height and intensity standards for buildings that
2883	provide residential use in combination with office or commercial
2884	space;
2885	3.  Incentives for workforce housing;
2886	4.  Designation of an urban service boundary pursuant to
2887	subsection (2); and
2888	5.  Strategies to provide mobility within the community and
2889	to protect the Strategic Intermodal System, including the
2890	development of a transportation corridor management plan under
2891	s. 337.273.
2892	(d)  The community vision must reflect the community's
2893	shared concept for growth and development of the community,
2894	including visual representations depicting the desired land use
2895	patterns and character of the community during a 10-year
2896	planning timeframe. The community vision must also take into
2897	consideration economic viability of the vision and private
2898	property interests.
2899	(e)  After the workshops and public meetings required under
2900	paragraph (a) are held, the local government may amend its
2901	comprehensive plan to include the community vision as a
2902	component in the plan. This plan amendment must be transmitted
2903	and adopted pursuant to the procedures in ss. 163.3184 and
2904	163.3189 at public hearings of the governing body other than
2905	those identified in paragraph (a).
2906	(f)  Amendments submitted under this subsection are exempt
2907	from the limitation on the frequency of plan amendments in s.
2908	163.3187.
2909	(g)  A local government that has developed a community
2910	vision or completed a visioning process after July 1, 2000, and
2911	before July 1, 2005, which substantially accomplishes the goals
2912	set forth in this subsection and the appropriate goals,
2913	policies, or objectives have been adopted as part of the
2914	comprehensive plan or reflected in subsequently adopted land
2915	development regulations and the plan amendment incorporating the
2916	community vision as a component has been found in compliance is
2917	eligible for the incentives in s. 163.3184(17).
2918	(14)  Local governments are also encouraged to designate an
2919	urban service boundary. This area must be appropriate for
2920	compact, contiguous urban development within a 10-year planning
2921	timeframe. The urban service area boundary must be identified on
2922	the future land use map or map series. The local government
2923	shall demonstrate that the land included within the urban
2924	service boundary is served or is planned to be served with
2925	adequate public facilities and services based on the local
2926	government's adopted level-of-service standards by adopting a
2927	10-year facilities plan in the capital improvements element
2928	which is financially feasible. The local government shall
2929	demonstrate that the amount of land within the urban service
2930	boundary does not exceed the amount of land needed to
2931	accommodate the projected population growth at densities
2932	consistent with the adopted comprehensive plan within the 10-
2933	year planning timeframe.
2934	(a)  As part of the process of establishing an urban
2935	service boundary, the local government must hold two public
2936	meetings with at least one of those meetings before the local
2937	planning agency. Before those public meetings, the local
2938	government must hold at least one public workshop with
2939	stakeholder groups such as neighborhood associations, community
2940	organizations, businesses, private property owners, housing and
2941	development interests, and environmental organizations.
2942	(b)1.  After the workshops and public meetings required
2943	under paragraph (a) are held, the local government may amend its
2944	comprehensive plan to include the urban service boundary. This
2945	plan amendment must be transmitted and adopted pursuant to the
2946	procedures in ss. 163.3184 and 163.3189 at meetings of the
2947	governing body other than those required under paragraph (a).
2948	2.  This subsection does not prohibit new development
2949	outside an urban service boundary. However, a local government
2950	that establishes an urban service boundary under this subsection
2951	is encouraged to require a full-cost-accounting analysis for any
2952	new development outside the boundary and to consider the results
2953	of that analysis when adopting a plan amendment for property
2954	outside the established urban service boundary.
2955	(c)  Amendments submitted under this subsection are exempt
2956	from the limitation on the frequency of plan amendments in s.
2957	163.3187.
2958	(d)  A local government that has adopted an urban service
2959	boundary before July 1, 2005, which substantially accomplishes
2960	the goals set forth in this subsection is not required to comply
2961	with paragraph (a) or subparagraph 1. of paragraph (b) in order
2962	to be eligible for the incentives under s. 163.3184(17). In
2963	order to satisfy the provisions of this paragraph, the local
2964	government must secure a determination from the state land
2965	planning agency that the urban service boundary adopted before
2966	July 1, 2005, substantially complies with the criteria of this
2967	subsection, based on data and analysis submitted by the local
2968	government to support this determination. The determination by
2969	the state land planning agency is not subject to administrative
2970	challenge.
2971	(7)(15)(a)  The Legislature finds that:
2972	1.  There are a number of rural agricultural industrial
2973	centers in the state that process, produce, or aid in the
2974	production or distribution of a variety of agriculturally based
2975	products, including, but not limited to, fruits, vegetables,
2976	timber, and other crops, and juices, paper, and building
2977	materials. Rural agricultural industrial centers have a
2978	significant amount of existing associated infrastructure that is
2979	used for processing, producing, or distributing agricultural
2980	products.
2981	2.  Such rural agricultural industrial centers are often
2982	located within or near communities in which the economy is
2983	largely dependent upon agriculture and agriculturally based
2984	products. The centers significantly enhance the economy of such
2985	communities. However, these agriculturally based communities are
2986	often socioeconomically challenged and designated as rural areas
2987	of critical economic concern. If such rural agricultural
2988	industrial centers are lost and not replaced with other job-
2989	creating enterprises, the agriculturally based communities will
2990	lose a substantial amount of their economies.
2991	3.  The state has a compelling interest in preserving the
2992	viability of agriculture and protecting rural agricultural
2993	communities and the state from the economic upheaval that would
2994	result from short-term or long-term adverse changes in the
2995	agricultural economy. To protect these communities and promote
2996	viable agriculture for the long term, it is essential to
2997	encourage and permit diversification of existing rural
2998	agricultural industrial centers by providing for jobs that are
2999	not solely dependent upon, but are compatible with and
3000	complement, existing agricultural industrial operations and to
3001	encourage the creation and expansion of industries that use
3002	agricultural products in innovative ways. However, the expansion
3003	and diversification of these existing centers must be
3004	accomplished in a manner that does not promote urban sprawl into
3005	surrounding agricultural and rural areas.
3006	(b)  As used in this subsection, the term "rural
3007	agricultural industrial center" means a developed parcel of land
3008	in an unincorporated area on which there exists an operating
3009	agricultural industrial facility or facilities that employ at
3010	least 200 full-time employees in the aggregate and process and
3011	prepare for transport a farm product, as defined in s. 163.3162,
3012	or any biomass material that could be used, directly or
3013	indirectly, for the production of fuel, renewable energy,
3014	bioenergy, or alternative fuel as defined by law. The center may
3015	also include land contiguous to the facility site which is not
3016	used for the cultivation of crops, but on which other existing
3017	activities essential to the operation of such facility or
3018	facilities are located or conducted. The parcel of land must be
3019	located within, or within 10 miles of, a rural area of critical
3020	economic concern.
3021	(c)1.  A landowner whose land is located within a rural
3022	agricultural industrial center may apply for an amendment to the
3023	local government comprehensive plan for the purpose of
3024	designating and expanding the existing agricultural industrial
3025	uses of facilities located within the center or expanding the
3026	existing center to include industrial uses or facilities that
3027	are not dependent upon but are compatible with agriculture and
3028	the existing uses and facilities. A local government
3029	comprehensive plan amendment under this paragraph must:
3030	a.  Not increase the physical area of the existing rural
3031	agricultural industrial center by more than 50 percent or 320
3032	acres, whichever is greater.
3033	b.  Propose a project that would, upon completion, create
3034	at least 50 new full-time jobs.
3035	c.  Demonstrate that sufficient infrastructure capacity
3036	exists or will be provided to support the expanded center at the
3037	level-of-service standards adopted in the local government
3038	comprehensive plan.
3039	d.  Contain goals, objectives, and policies that will
3040	ensure that any adverse environmental impacts of the expanded
3041	center will be adequately addressed and mitigation implemented
3042	or demonstrate that the local government comprehensive plan
3043	contains such provisions.
3044	2.  Within 6 months after receiving an application as
3045	provided in this paragraph, the local government shall transmit
3046	the application to the state land planning agency for review
3047	pursuant to this chapter together with any needed amendments to
3048	the applicable sections of its comprehensive plan to include
3049	goals, objectives, and policies that provide for the expansion
3050	of rural agricultural industrial centers and discourage urban
3051	sprawl in the surrounding areas. Such goals, objectives, and
3052	policies must promote and be consistent with the findings in
3053	this subsection. An amendment that meets the requirements of
3054	this subsection is presumed not to be urban sprawl as defined in
3055	s. 163.3164 consistent with rule 9J-5.006(5), Florida
3056	Administrative Code. This presumption may be rebutted by a
3057	preponderance of the evidence.
3058	(d)  This subsection does not apply to an optional sector
3059	plan adopted pursuant to s. 163.3245, a rural land stewardship
3060	area designated pursuant to s. 163.3248 subsection (11), or any
3061	comprehensive plan amendment that includes an inland port
3062	terminal or affiliated port development.
3063	(e)  Nothing in this subsection shall be construed to
3064	confer the status of rural area of critical economic concern, or
3065	any of the rights or benefits derived from such status, on any
3066	land area not otherwise designated as such pursuant to s.
3067	288.0656(7).
3068	Section 13.  Section 163.31777, Florida Statutes, is
3069	amended to read:
3070	163.31777  Public schools interlocal agreement.-
3071	(1)(a)  The county and municipalities located within the
3072	geographic area of a school district shall enter into an
3073	interlocal agreement with the district school board which
3074	jointly establishes the specific ways in which the plans and
3075	processes of the district school board and the local governments
3076	are to be coordinated. The interlocal agreements shall be
3077	submitted to the state land planning agency and the Office of
3078	Educational Facilities in accordance with a schedule published
3079	by the state land planning agency.
3080	(b)  The schedule must establish staggered due dates for
3081	submission of interlocal agreements that are executed by both
3082	the local government and the district school board, commencing
3083	on March 1, 2003, and concluding by December 1, 2004, and must
3084	set the same date for all governmental entities within a school
3085	district. However, if the county where the school district is
3086	located contains more than 20 municipalities, the state land
3087	planning agency may establish staggered due dates for the
3088	submission of interlocal agreements by these municipalities. The
3089	schedule must begin with those areas where both the number of
3090	districtwide capital-outlay full-time-equivalent students equals
3091	80 percent or more of the current year's school capacity and the
3092	projected 5-year student growth is 1,000 or greater, or where
3093	the projected 5-year student growth rate is 10 percent or
3094	greater.
3095	(c)  If the student population has declined over the 5-year
3096	period preceding the due date for submittal of an interlocal
3097	agreement by the local government and the district school board,
3098	the local government and the district school board may petition
3099	the state land planning agency for a waiver of one or more
3100	requirements of subsection (2). The waiver must be granted if
3101	the procedures called for in subsection (2) are unnecessary
3102	because of the school district's declining school age
3103	population, considering the district's 5-year facilities work
3104	program prepared pursuant to s. 1013.35. The state land planning
3105	agency may modify or revoke the waiver upon a finding that the
3106	conditions upon which the waiver was granted no longer exist.
3107	The district school board and local governments must submit an
3108	interlocal agreement within 1 year after notification by the
3109	state land planning agency that the conditions for a waiver no
3110	longer exist.
3111	(d)  Interlocal agreements between local governments and
3112	district school boards adopted pursuant to s. 163.3177 before
3113	the effective date of this section must be updated and executed
3114	pursuant to the requirements of this section, if necessary.
3115	Amendments to interlocal agreements adopted pursuant to this
3116	section must be submitted to the state land planning agency
3117	within 30 days after execution by the parties for review
3118	consistent with this section. Local governments and the district
3119	school board in each school district are encouraged to adopt a
3120	single interlocal agreement to which all join as parties. The
3121	state land planning agency shall assemble and make available
3122	model interlocal agreements meeting the requirements of this
3123	section and notify local governments and, jointly with the
3124	Department of Education, the district school boards of the
3125	requirements of this section, the dates for compliance, and the
3126	sanctions for noncompliance. The state land planning agency
3127	shall be available to informally review proposed interlocal
3128	agreements. If the state land planning agency has not received a
3129	proposed interlocal agreement for informal review, the state
3130	land planning agency shall, at least 60 days before the deadline
3131	for submission of the executed agreement, renotify the local
3132	government and the district school board of the upcoming
3133	deadline and the potential for sanctions.
3134	(2)  At a minimum, the interlocal agreement must address
3135	interlocal-agreement requirements in s. 163.3180(13)(g), except
3136	for exempt local governments as provided in s. 163.3177(12), and
3137	must address the following issues:
3138	(a)  A process by which each local government and the
3139	district school board agree and base their plans on consistent
3140	projections of the amount, type, and distribution of population
3141	growth and student enrollment. The geographic distribution of
3142	jurisdiction-wide growth forecasts is a major objective of the
3143	process.
3144	(b)  A process to coordinate and share information relating
3145	to existing and planned public school facilities, including
3146	school renovations and closures, and local government plans for
3147	development and redevelopment.
3148	(c)  Participation by affected local governments with the
3149	district school board in the process of evaluating potential
3150	school closures, significant renovations to existing schools,
3151	and new school site selection before land acquisition. Local
3152	governments shall advise the district school board as to the
3153	consistency of the proposed closure, renovation, or new site
3154	with the local comprehensive plan, including appropriate
3155	circumstances and criteria under which a district school board
3156	may request an amendment to the comprehensive plan for school
3157	siting.
3158	(d)  A process for determining the need for and timing of
3159	onsite and offsite improvements to support new, proposed
3160	expansion, or redevelopment of existing schools. The process
3161	must address identification of the party or parties responsible
3162	for the improvements.
3163	(e)  A process for the school board to inform the local
3164	government regarding the effect of comprehensive plan amendments
3165	on school capacity. The capacity reporting must be consistent
3166	with laws and rules relating to measurement of school facility
3167	capacity and must also identify how the district school board
3168	will meet the public school demand based on the facilities work
3169	program adopted pursuant to s. 1013.35.
3170	(f)  Participation of the local governments in the
3171	preparation of the annual update to the district school board's
3172	5-year district facilities work program and educational plant
3173	survey prepared pursuant to s. 1013.35.
3174	(g)  A process for determining where and how joint use of
3175	either school board or local government facilities can be shared
3176	for mutual benefit and efficiency.
3177	(h)  A procedure for the resolution of disputes between the
3178	district school board and local governments, which may include
3179	the dispute resolution processes contained in chapters 164 and
3180	186.
3181	(i)  An oversight process, including an opportunity for
3182	public participation, for the implementation of the interlocal
3183	agreement.
3184	(3)(a)  The Office of Educational Facilities shall submit
3185	any comments or concerns regarding the executed interlocal
3186	agreement to the state land planning agency within 30 days after
3187	receipt of the executed interlocal agreement. The state land
3188	planning agency shall review the executed interlocal agreement
3189	to determine whether it is consistent with the requirements of
3190	subsection (2), the adopted local government comprehensive plan,
3191	and other requirements of law. Within 60 days after receipt of
3192	an executed interlocal agreement, the state land planning agency
3193	shall publish a notice of intent in the Florida Administrative
3194	Weekly and shall post a copy of the notice on the agency's
3195	Internet site. The notice of intent must state whether the
3196	interlocal agreement is consistent or inconsistent with the
3197	requirements of subsection (2) and this subsection, as
3198	appropriate.
3199	(b)  The state land planning agency's notice is subject to
3200	challenge under chapter 120; however, an affected person, as
3201	defined in s. 163.3184(1)(a), has standing to initiate the
3202	administrative proceeding, and this proceeding is the sole means
3203	available to challenge the consistency of an interlocal
3204	agreement required by this section with the criteria contained
3205	in subsection (2) and this subsection. In order to have
3206	standing, each person must have submitted oral or written
3207	comments, recommendations, or objections to the local government
3208	or the school board before the adoption of the interlocal
3209	agreement by the school board and local government. The district
3210	school board and local governments are parties to any such
3211	proceeding. In this proceeding, when the state land planning
3212	agency finds the interlocal agreement to be consistent with the
3213	criteria in subsection (2) and this subsection, the interlocal
3214	agreement shall be determined to be consistent with subsection
3215	(2) and this subsection if the local government's and school
3216	board's determination of consistency is fairly debatable. When
3217	the state planning agency finds the interlocal agreement to be
3218	inconsistent with the requirements of subsection (2) and this
3219	subsection, the local government's and school board's
3220	determination of consistency shall be sustained unless it is
3221	shown by a preponderance of the evidence that the interlocal
3222	agreement is inconsistent.
3223	(c)  If the state land planning agency enters a final order
3224	that finds that the interlocal agreement is inconsistent with
3225	the requirements of subsection (2) or this subsection, it shall
3226	forward it to the Administration Commission, which may impose
3227	sanctions against the local government pursuant to s.
3228	163.3184(11) and may impose sanctions against the district
3229	school board by directing the Department of Education to
3230	withhold from the district school board an equivalent amount of
3231	funds for school construction available pursuant to ss. 1013.65,
3232	1013.68, 1013.70, and 1013.72.
3233	(4)  If an executed interlocal agreement is not timely
3234	submitted to the state land planning agency for review, the
3235	state land planning agency shall, within 15 working days after
3236	the deadline for submittal, issue to the local government and
3237	the district school board a Notice to Show Cause why sanctions
3238	should not be imposed for failure to submit an executed
3239	interlocal agreement by the deadline established by the agency.
3240	The agency shall forward the notice and the responses to the
3241	Administration Commission, which may enter a final order citing
3242	the failure to comply and imposing sanctions against the local
3243	government and district school board by directing the
3244	appropriate agencies to withhold at least 5 percent of state
3245	funds pursuant to s. 163.3184(11) and by directing the
3246	Department of Education to withhold from the district school
3247	board at least 5 percent of funds for school construction
3248	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
3249	1013.72.
3250	(5)  Any local government transmitting a public school
3251	element to implement school concurrency pursuant to the
3252	requirements of s. 163.3180 before the effective date of this
3253	section is not required to amend the element or any interlocal
3254	agreement to conform with the provisions of this section if the
3255	element is adopted prior to or within 1 year after the effective
3256	date of this section and remains in effect until the county
3257	conducts its evaluation and appraisal report and identifies
3258	changes necessary to more fully conform to the provisions of
3259	this section.
3260	(6)  Except as provided in subsection (7), municipalities
3261	meeting the exemption criteria in s. 163.3177(12) are exempt
3262	from the requirements of subsections (1), (2), and (3).
3263	(7)  At the time of the evaluation and appraisal report,
3264	each exempt municipality shall assess the extent to which it
3265	continues to meet the criteria for exemption under s.
3266	163.3177(12). If the municipality continues to meet these
3267	criteria, the municipality shall continue to be exempt from the
3268	interlocal-agreement requirement. Each municipality exempt under
3269	s. 163.3177(12) must comply with the provisions of this section
3270	within 1 year after the district school board proposes, in its
3271	5-year district facilities work program, a new school within the
3272	municipality's jurisdiction.
3273	Section 14.  Subsection (9) of section 163.3178, Florida
3274	Statutes, is amended to read:
3275	163.3178  Coastal management.-
3276	(9)(a)  Local governments may elect to comply with rule 9J-
3277	5.012(3)(b)6. and 7., Florida Administrative Code, through the
3278	process provided in this section. A proposed comprehensive plan
3279	amendment shall be found in compliance with state coastal high-
3280	hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3281	Florida Administrative Code, if:
3282	1.  The adopted level of service for out-of-county
3283	hurricane evacuation is maintained for a category 5 storm event
3284	as measured on the Saffir-Simpson scale; or
3285	2.  A 12-hour evacuation time to shelter is maintained for
3286	a category 5 storm event as measured on the Saffir-Simpson scale
3287	and shelter space reasonably expected to accommodate the
3288	residents of the development contemplated by a proposed
3289	comprehensive plan amendment is available; or
3290	3.  Appropriate mitigation is provided that will satisfy
3291	the provisions of subparagraph 1. or subparagraph 2. Appropriate
3292	mitigation shall include, without limitation, payment of money,
3293	contribution of land, and construction of hurricane shelters and
3294	transportation facilities. Required mitigation may shall not
3295	exceed the amount required for a developer to accommodate
3296	impacts reasonably attributable to development. A local
3297	government and a developer shall enter into a binding agreement
3298	to memorialize the mitigation plan.
3299	(b)  For those local governments that have not established
3300	a level of service for out-of-county hurricane evacuation by
3301	July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
3302	7., Florida Administrative Code, by following the process in
3303	paragraph (a), the level of service shall be no greater than 16
3304	hours for a category 5 storm event as measured on the Saffir-
3305	Simpson scale.
3306	(c)  This subsection shall become effective immediately and
3307	shall apply to all local governments. No later than July 1,
3308	2008, local governments shall amend their future land use map
3309	and coastal management element to include the new definition of
3310	coastal high-hazard area and to depict the coastal high-hazard
3311	area on the future land use map.
3312	Section 15.  Section 163.3180, Florida Statutes, is amended
3313	to read:
3314	163.3180  Concurrency.-
3315	(1)(a)  Sanitary sewer, solid waste, drainage, and potable
3316	water, parks and recreation, schools, and transportation
3317	facilities, including mass transit, where applicable, are the
3318	only public facilities and services subject to the concurrency
3319	requirement on a statewide basis. Additional public facilities
3320	and services may not be made subject to concurrency on a
3321	statewide basis without appropriate study and approval by the
3322	Legislature; however, any local government may extend the
3323	concurrency requirement so that it applies to additional public
3324	facilities within its jurisdiction.
3325	(a)  If concurrency is applied to other public facilities,
3326	the local government comprehensive plan must provide the
3327	principles, guidelines, standards, and strategies, including
3328	adopted levels of service, to guide its application. In order
3329	for a local government to rescind any optional concurrency
3330	provisions, a comprehensive plan amendment is required. An
3331	amendment rescinding optional concurrency issues is not subject
3332	to state review.
3333	(b)  The local government comprehensive plan must
3334	demonstrate, for required or optional concurrency requirements,
3335	that the levels of service adopted can be reasonably met.
3336	Infrastructure needed to ensure that adopted level-of-service
3337	standards are achieved and maintained for the 5-year period of
3338	the capital improvement schedule must be identified pursuant to
3339	the requirements of s. 163.3177(3). The comprehensive plan must
3340	include principles, guidelines, standards, and strategies for
3341	the establishment of a concurrency management system.
3342	(b)  Local governments shall use professionally accepted
3343	techniques for measuring level of service for automobiles,
3344	bicycles, pedestrians, transit, and trucks. These techniques may
3345	be used to evaluate increased accessibility by multiple modes
3346	and reductions in vehicle miles of travel in an area or zone.
3347	The Department of Transportation shall develop methodologies to
3348	assist local governments in implementing this multimodal level-
3349	of-service analysis. The Department of Community Affairs and the
3350	Department of Transportation shall provide technical assistance
3351	to local governments in applying these methodologies.
3352	(2)(a)  Consistent with public health and safety, sanitary
3353	sewer, solid waste, drainage, adequate water supplies, and
3354	potable water facilities shall be in place and available to
3355	serve new development no later than the issuance by the local
3356	government of a certificate of occupancy or its functional
3357	equivalent. Prior to approval of a building permit or its
3358	functional equivalent, the local government shall consult with
3359	the applicable water supplier to determine whether adequate
3360	water supplies to serve the new development will be available no
3361	later than the anticipated date of issuance by the local
3362	government of a certificate of occupancy or its functional
3363	equivalent. A local government may meet the concurrency
3364	requirement for sanitary sewer through the use of onsite sewage
3365	treatment and disposal systems approved by the Department of
3366	Health to serve new development.
3367	(b)  Consistent with the public welfare, and except as
3368	otherwise provided in this section, parks and recreation
3369	facilities to serve new development shall be in place or under
3370	actual construction no later than 1 year after issuance by the
3371	local government of a certificate of occupancy or its functional
3372	equivalent. However, the acreage for such facilities shall be
3373	dedicated or be acquired by the local government prior to
3374	issuance by the local government of a certificate of occupancy
3375	or its functional equivalent, or funds in the amount of the
3376	developer's fair share shall be committed no later than the
3377	local government's approval to commence construction.
3378	(c)  Consistent with the public welfare, and except as
3379	otherwise provided in this section, transportation facilities
3380	needed to serve new development shall be in place or under
3381	actual construction within 3 years after the local government
3382	approves a building permit or its functional equivalent that
3383	results in traffic generation.
3384	(3)  Governmental entities that are not responsible for
3385	providing, financing, operating, or regulating public facilities
3386	needed to serve development may not establish binding level-of-
3387	service standards on governmental entities that do bear those
3388	responsibilities. This subsection does not limit the authority
3389	of any agency to recommend or make objections, recommendations,
3390	comments, or determinations during reviews conducted under s.
3391	163.3184.
3392	(4)(a)  The concurrency requirement as implemented in local
3393	comprehensive plans applies to state and other public facilities
3394	and development to the same extent that it applies to all other
3395	facilities and development, as provided by law.
3396	(b)  The concurrency requirement as implemented in local
3397	comprehensive plans does not apply to public transit facilities.
3398	For the purposes of this paragraph, public transit facilities
3399	include transit stations and terminals; transit station parking;
3400	park-and-ride lots; intermodal public transit connection or
3401	transfer facilities; fixed bus, guideway, and rail stations; and
3402	airport passenger terminals and concourses, air cargo
3403	facilities, and hangars for the assembly, manufacture,
3404	maintenance, or storage of aircraft. As used in this paragraph,
3405	the terms "terminals" and "transit facilities" do not include
3406	seaports or commercial or residential development constructed in
3407	conjunction with a public transit facility.
3408	(c)  The concurrency requirement, except as it relates to
3409	transportation facilities and public schools, as implemented in
3410	local government comprehensive plans, may be waived by a local
3411	government for urban infill and redevelopment areas designated
3412	pursuant to s. 163.2517 if such a waiver does not endanger
3413	public health or safety as defined by the local government in
3414	its local government comprehensive plan. The waiver shall be
3415	adopted as a plan amendment pursuant to the process set forth in
3416	s. 163.3187(3)(a). A local government may grant a concurrency
3417	exception pursuant to subsection (5) for transportation
3418	facilities located within these urban infill and redevelopment
3419	areas.
3420	(5)(a)  If concurrency is applied to transportation
3421	facilities, the local government comprehensive plan must provide
3422	the principles, guidelines, standards, and strategies, including
3423	adopted levels of service to guide its application.
3424	(b)  Local governments shall use professionally accepted
3425	studies to evaluate the appropriate levels of service. Local
3426	governments should consider the number of facilities that will
3427	be necessary to meet level-of-service demands when determining
3428	the appropriate levels of service. The schedule of facilities
3429	that are necessary to meet the adopted level of service shall be
3430	reflected in the capital improvement element.
3431	(c)  Local governments shall use professionally accepted
3432	techniques for measuring levels of service when evaluating
3433	potential impacts of a proposed development.
3434	(d)  The premise of concurrency is that the public
3435	facilities will be provided in order to achieve and maintain the
3436	adopted level of service standard. A comprehensive plan that
3437	imposes transportation concurrency shall contain appropriate
3438	amendments to the capital improvements element of the
3439	comprehensive plan, consistent with the requirements of s.
3440	163.3177(3). The capital improvements element shall identify
3441	facilities necessary to meet adopted levels of service during a
3442	5-year period.
3443	(e)  If a local government applies transportation
3444	concurrency in its jurisdiction, it is encouraged to develop
3445	policy guidelines and techniques to address potential negative
3446	impacts on future development:
3447	1.  In urban infill and redevelopment, and urban service
3448	areas.
3449	2.  With special part-time demands on the transportation
3450	system.
3451	3.  With de minimis impacts.
3452	4.  On community desired types of development, such as
3453	redevelopment, or job creation projects.
3454	(f)  Local governments are encouraged to develop tools and
3455	techniques to complement the application of transportation
3456	concurrency such as:
3457	1.  Adoption of long-term strategies to facilitate
3458	development patterns that support multimodal solutions,
3459	including urban design, and appropriate land use mixes,
3460	including intensity and density.
3461	2.  Adoption of an areawide level of service not dependent
3462	on any single road segment function.
3463	3.  Exempting or discounting impacts of locally desired
3464	development, such as development in urban areas, redevelopment,
3465	job creation, and mixed use on the transportation system.
3466	4.  Assigning secondary priority to vehicle mobility and
3467	primary priority to ensuring a safe, comfortable, and attractive
3468	pedestrian environment, with convenient interconnection to
3469	transit.
3470	5.  Establishing multimodal level of service standards that
3471	rely primarily on nonvehicular modes of transportation where
3472	existing or planned community design will provide adequate level
3473	of mobility.
3474	6.  Reducing impact fees or local access fees to promote
3475	development within urban areas, multimodal transportation
3476	districts, and a balance of mixed use development in certain
3477	areas or districts, or for affordable or workforce housing.
3478	(g)  Local governments are encouraged to coordinate with
3479	adjacent local governments for the purpose of using common
3480	methodologies for measuring impacts on transportation
3481	facilities.
3482	(h)  Local governments that implement transportation
3483	concurrency must:
3484	1.  Consult with the Department of Transportation when
3485	proposed plan amendments affect facilities on the strategic
3486	intermodal system.
3487	2.  Exempt public transit facilities from concurrency. For
3488	the purposes of this subparagraph, public transit facilities
3489	include transit stations and terminals; transit station parking;
3490	park-and-ride lots; intermodal public transit connection or
3491	transfer facilities; fixed bus, guideway, and rail stations; and
3492	airport passenger terminals and concourses, air cargo
3493	facilities, and hangars for the assembly, manufacture,
3494	maintenance, or storage of aircraft. As used in this
3495	subparagraph, the terms "terminals" and "transit facilities" do
3496	not include seaports or commercial or residential development
3497	constructed in conjunction with a public transit facility.
3498	3.  Allow an applicant for a development-of-regional-impact
3499	development order, a rezoning, or other land use development
3500	permit to satisfy the transportation concurrency requirements of
3501	the local comprehensive plan, the local government's concurrency
3502	management system, and s. 380.06, when applicable, if:
3503	a.  The applicant enters into a binding agreement to pay
3504	for or construct its proportionate share of required
3505	improvements.
3506	b.  The proportionate-share contribution or construction is
3507	sufficient to accomplish one or more mobility improvements that
3508	will benefit a regionally significant transportation facility.
3509	c.(I)  The local government has provided a means by which
3510	the landowner will be assessed a proportionate share of the cost
3511	of providing the transportation facilities necessary to serve
3512	the proposed development. An applicant shall not be held
3513	responsible for the additional cost of reducing or eliminating
3514	deficiencies.
3515	(II)  When an applicant contributes or constructs its
3516	proportionate share pursuant to this subparagraph, a local
3517	government may not require payment or construction of
3518	transportation facilities whose costs would be greater than a
3519	development's proportionate share of the improvements necessary
3520	to mitigate the development's impacts.
3521	(A)  The proportionate-share contribution shall be
3522	calculated based upon the number of trips from the proposed
3523	development expected to reach roadways during the peak hour from
3524	the stage or phase being approved, divided by the change in the
3525	peak hour maximum service volume of roadways resulting from
3526	construction of an improvement necessary to maintain or achieve
3527	the adopted level of service, multiplied by the construction
3528	cost, at the time of development payment, of the improvement
3529	necessary to maintain or achieve the adopted level of service.
3530	(B)  In using the proportionate-share formula provided in
3531	this subparagraph, the applicant, in its traffic analysis, shall
3532	identify those roads or facilities that have a transportation
3533	deficiency in accordance with the transportation deficiency as
3534	defined in sub-subparagraph e. The proportionate-share formula
3535	provided in this subparagraph shall be applied only to those
3536	facilities that are determined to be significantly impacted by
3537	the project traffic under review. If any road is determined to
3538	be transportation deficient without the project traffic under
3539	review, the costs of correcting that deficiency shall be removed
3540	from the project's proportionate-share calculation and the
3541	necessary transportation improvements to correct that deficiency
3542	shall be considered to be in place for purposes of the
3543	proportionate-share calculation. The improvement necessary to
3544	correct the transportation deficiency is the funding
3545	responsibility of the entity that has maintenance responsibility
3546	for the facility. The development's proportionate share shall be
3547	calculated only for the needed transportation improvements that
3548	are greater than the identified deficiency.
3549	(C)  When the provisions of this subparagraph have been
3550	satisfied for a particular stage or phase of development, all
3551	transportation impacts from that stage or phase for which
3552	mitigation was required and provided shall be deemed fully
3553	mitigated in any transportation analysis for a subsequent stage
3554	or phase of development. Trips from a previous stage or phase
3555	that did not result in impacts for which mitigation was required
3556	or provided may be cumulatively analyzed with trips from a
3557	subsequent stage or phase to determine whether an impact
3558	requires mitigation for the subsequent stage or phase.
3559	(D)  In projecting the number of trips to be generated by
3560	the development under review, any trips assigned to a toll-
3561	financed facility shall be eliminated from the analysis.
3562	(E)  The applicant shall receive a credit on a dollar-for-
3563	dollar basis for impact fees, mobility fees, and other
3564	transportation concurrency mitigation requirements paid or
3565	payable in the future for the project. The credit shall be
3566	reduced up to 20 percent by the percentage share that the
3567	project's traffic represents of the added capacity of the
3568	selected improvement, or by the amount specified by local
3569	ordinance, whichever yields the greater credit.
3570	d.  This subsection does not require a local government to
3571	approve a development that is not otherwise qualified for
3572	approval pursuant to the applicable local comprehensive plan and
3573	land development regulations.
3574	e.  As used in this subsection, the term "transportation
3575	deficiency" means a facility or facilities on which the adopted
3576	level-of-service standard is exceeded by the existing,
3577	committed, and vested trips, plus additional projected
3578	background trips from any source other than the development
3579	project under review, and trips that are forecast by established
3580	traffic standards, including traffic modeling, consistent with
3581	the University of Florida's Bureau of Economic and Business
3582	Research medium population projections. Additional projected
3583	background trips are to be coincident with the particular stage
3584	or phase of development under review.
3585	(a)  The Legislature finds that under limited
3586	circumstances, countervailing planning and public policy goals
3587	may come into conflict with the requirement that adequate public
3588	transportation facilities and services be available concurrent
3589	with the impacts of such development. The Legislature further
3590	finds that the unintended result of the concurrency requirement
3591	for transportation facilities is often the discouragement of
3592	urban infill development and redevelopment. Such unintended
3593	results directly conflict with the goals and policies of the
3594	state comprehensive plan and the intent of this part. The
3595	Legislature also finds that in urban centers transportation
3596	cannot be effectively managed and mobility cannot be improved
3597	solely through the expansion of roadway capacity, that the
3598	expansion of roadway capacity is not always physically or
3599	financially possible, and that a range of transportation
3600	alternatives is essential to satisfy mobility needs, reduce
3601	congestion, and achieve healthy, vibrant centers.
3602	(b)1.  The following are transportation concurrency
3603	exception areas:
3604	a.  A municipality that qualifies as a dense urban land
3605	area under s. 163.3164;
3606	b.  An urban service area under s. 163.3164 that has been
3607	adopted into the local comprehensive plan and is located within
3608	a county that qualifies as a dense urban land area under s.
3609	163.3164; and
3610	c.  A county, including the municipalities located therein,
3611	which has a population of at least 900,000 and qualifies as a
3612	dense urban land area under s. 163.3164, but does not have an
3613	urban service area designated in the local comprehensive plan.
3614	2.  A municipality that does not qualify as a dense urban
3615	land area pursuant to s. 163.3164 may designate in its local
3616	comprehensive plan the following areas as transportation
3617	concurrency exception areas:
3618	a.  Urban infill as defined in s. 163.3164;
3619	b.  Community redevelopment areas as defined in s. 163.340;
3620	c.  Downtown revitalization areas as defined in s.
3621	163.3164;
3622	d.  Urban infill and redevelopment under s. 163.2517; or
3623	e.  Urban service areas as defined in s. 163.3164 or areas
3624	within a designated urban service boundary under s.
3625	163.3177(14).
3626	3.  A county that does not qualify as a dense urban land
3627	area pursuant to s. 163.3164 may designate in its local
3628	comprehensive plan the following areas as transportation
3629	concurrency exception areas:
3630	a.  Urban infill as defined in s. 163.3164;
3631	b.  Urban infill and redevelopment under s. 163.2517; or
3632	c.  Urban service areas as defined in s. 163.3164.
3633	4.  A local government that has a transportation
3634	concurrency exception area designated pursuant to subparagraph
3635	1., subparagraph 2., or subparagraph 3. shall, within 2 years
3636	after the designated area becomes exempt, adopt into its local
3637	comprehensive plan land use and transportation strategies to
3638	support and fund mobility within the exception area, including
3639	alternative modes of transportation. Local governments are
3640	encouraged to adopt complementary land use and transportation
3641	strategies that reflect the region's shared vision for its
3642	future. If the state land planning agency finds insufficient
3643	cause for the failure to adopt into its comprehensive plan land
3644	use and transportation strategies to support and fund mobility
3645	within the designated exception area after 2 years, it shall
3646	submit the finding to the Administration Commission, which may
3647	impose any of the sanctions set forth in s. 163.3184(11)(a) and
3648	(b) against the local government.
3649	5.  Transportation concurrency exception areas designated
3650	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3651	do not apply to designated transportation concurrency districts
3652	located within a county that has a population of at least 1.5
3653	million, has implemented and uses a transportation-related
3654	concurrency assessment to support alternative modes of
3655	transportation, including, but not limited to, mass transit, and
3656	does not levy transportation impact fees within the concurrency
3657	district.
3658	6.  Transportation concurrency exception areas designated
3659	under subparagraph 1., subparagraph 2., or subparagraph 3. do
3660	not apply in any county that has exempted more than 40 percent
3661	of the area inside the urban service area from transportation
3662	concurrency for the purpose of urban infill.
3663	7.  A local government that does not have a transportation
3664	concurrency exception area designated pursuant to subparagraph
3665	1., subparagraph 2., or subparagraph 3. may grant an exception
3666	from the concurrency requirement for transportation facilities
3667	if the proposed development is otherwise consistent with the
3668	adopted local government comprehensive plan and is a project
3669	that promotes public transportation or is located within an area
3670	designated in the comprehensive plan for:
3671	a.  Urban infill development;
3672	b.  Urban redevelopment;
3673	c.  Downtown revitalization;
3674	d.  Urban infill and redevelopment under s. 163.2517; or
3675	e.  An urban service area specifically designated as a
3676	transportation concurrency exception area which includes lands
3677	appropriate for compact, contiguous urban development, which
3678	does not exceed the amount of land needed to accommodate the
3679	projected population growth at densities consistent with the
3680	adopted comprehensive plan within the 10-year planning period,
3681	and which is served or is planned to be served with public
3682	facilities and services as provided by the capital improvements
3683	element.
3684	(c)  The Legislature also finds that developments located
3685	within urban infill, urban redevelopment, urban service, or
3686	downtown revitalization areas or areas designated as urban
3687	infill and redevelopment areas under s. 163.2517, which pose
3688	only special part-time demands on the transportation system, are
3689	exempt from the concurrency requirement for transportation
3690	facilities. A special part-time demand is one that does not have
3691	more than 200 scheduled events during any calendar year and does
3692	not affect the 100 highest traffic volume hours.
3693	(d)  Except for transportation concurrency exception areas
3694	designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3695	or subparagraph (b)3., the following requirements apply:
3696	1.  The local government shall both adopt into the
3697	comprehensive plan and implement long-term strategies to support
3698	and fund mobility within the designated exception area,
3699	including alternative modes of transportation. The plan
3700	amendment must also demonstrate how strategies will support the
3701	purpose of the exception and how mobility within the designated
3702	exception area will be provided.
3703	2.  The strategies must address urban design; appropriate
3704	land use mixes, including intensity and density; and network
3705	connectivity plans needed to promote urban infill,
3706	redevelopment, or downtown revitalization. The comprehensive
3707	plan amendment designating the concurrency exception area must
3708	be accompanied by data and analysis supporting the local
3709	government's determination of the boundaries of the
3710	transportation concurrency exception area.
3711	(e)  Before designating a concurrency exception area
3712	pursuant to subparagraph (b)7., the state land planning agency
3713	and the Department of Transportation shall be consulted by the
3714	local government to assess the impact that the proposed
3715	exception area is expected to have on the adopted level-of-
3716	service standards established for regional transportation
3717	facilities identified pursuant to s. 186.507, including the
3718	Strategic Intermodal System and roadway facilities funded in
3719	accordance with s. 339.2819. Further, the local government shall
3720	provide a plan for the mitigation of impacts to the Strategic
3721	Intermodal System, including, if appropriate, access management,
3722	parallel reliever roads, transportation demand management, and
3723	other measures.
3724	(f)  The designation of a transportation concurrency
3725	exception area does not limit a local government's home rule
3726	power to adopt ordinances or impose fees. This subsection does
3727	not affect any contract or agreement entered into or development
3728	order rendered before the creation of the transportation
3729	concurrency exception area except as provided in s.
3730	380.06(29)(e).
3731	(g)  The Office of Program Policy Analysis and Government
3732	Accountability shall submit to the President of the Senate and
3733	the Speaker of the House of Representatives by February 1, 2015,
3734	a report on transportation concurrency exception areas created
3735	pursuant to this subsection. At a minimum, the report shall
3736	address the methods that local governments have used to
3737	implement and fund transportation strategies to achieve the
3738	purposes of designated transportation concurrency exception
3739	areas, and the effects of the strategies on mobility,
3740	congestion, urban design, the density and intensity of land use
3741	mixes, and network connectivity plans used to promote urban
3742	infill, redevelopment, or downtown revitalization.
3743	(6)  The Legislature finds that a de minimis impact is
3744	consistent with this part. A de minimis impact is an impact that
3745	would not affect more than 1 percent of the maximum volume at
3746	the adopted level of service of the affected transportation
3747	facility as determined by the local government. No impact will
3748	be de minimis if the sum of existing roadway volumes and the
3749	projected volumes from approved projects on a transportation
3750	facility would exceed 110 percent of the maximum volume at the
3751	adopted level of service of the affected transportation
3752	facility; provided however, that an impact of a single family
3753	home on an existing lot will constitute a de minimis impact on
3754	all roadways regardless of the level of the deficiency of the
3755	roadway. Further, no impact will be de minimis if it would
3756	exceed the adopted level-of-service standard of any affected
3757	designated hurricane evacuation routes. Each local government
3758	shall maintain sufficient records to ensure that the 110-percent
3759	criterion is not exceeded. Each local government shall submit
3760	annually, with its updated capital improvements element, a
3761	summary of the de minimis records. If the state land planning
3762	agency determines that the 110-percent criterion has been
3763	exceeded, the state land planning agency shall notify the local
3764	government of the exceedance and that no further de minimis
3765	exceptions for the applicable roadway may be granted until such
3766	time as the volume is reduced below the 110 percent. The local
3767	government shall provide proof of this reduction to the state
3768	land planning agency before issuing further de minimis
3769	exceptions.
3770	(7)  In order to promote infill development and
3771	redevelopment, one or more transportation concurrency management
3772	areas may be designated in a local government comprehensive
3773	plan. A transportation concurrency management area must be a
3774	compact geographic area with an existing network of roads where
3775	multiple, viable alternative travel paths or modes are available
3776	for common trips. A local government may establish an areawide
3777	level-of-service standard for such a transportation concurrency
3778	management area based upon an analysis that provides for a
3779	justification for the areawide level of service, how urban
3780	infill development or redevelopment will be promoted, and how
3781	mobility will be accomplished within the transportation
3782	concurrency management area. Prior to the designation of a
3783	concurrency management area, the Department of Transportation
3784	shall be consulted by the local government to assess the impact
3785	that the proposed concurrency management area is expected to
3786	have on the adopted level-of-service standards established for
3787	Strategic Intermodal System facilities, as defined in s. 339.64,
3788	and roadway facilities funded in accordance with s. 339.2819.
3789	Further, the local government shall, in cooperation with the
3790	Department of Transportation, develop a plan to mitigate any
3791	impacts to the Strategic Intermodal System, including, if
3792	appropriate, the development of a long-term concurrency
3793	management system pursuant to subsection (9) and s.
3794	163.3177(3)(d). Transportation concurrency management areas
3795	existing prior to July 1, 2005, shall meet, at a minimum, the
3796	provisions of this section by July 1, 2006, or at the time of
3797	the comprehensive plan update pursuant to the evaluation and
3798	appraisal report, whichever occurs last. The state land planning
3799	agency shall amend chapter 9J-5, Florida Administrative Code, to
3800	be consistent with this subsection.
3801	(8)  When assessing the transportation impacts of proposed
3802	urban redevelopment within an established existing urban service
3803	area, 110 percent of the actual transportation impact caused by
3804	the previously existing development must be reserved for the
3805	redevelopment, even if the previously existing development has a
3806	lesser or nonexisting impact pursuant to the calculations of the
3807	local government. Redevelopment requiring less than 110 percent
3808	of the previously existing capacity shall not be prohibited due
3809	to the reduction of transportation levels of service below the
3810	adopted standards. This does not preclude the appropriate
3811	assessment of fees or accounting for the impacts within the
3812	concurrency management system and capital improvements program
3813	of the affected local government. This paragraph does not affect
3814	local government requirements for appropriate development
3815	permits.
3816	(9)(a)  Each local government may adopt as a part of its
3817	plan, long-term transportation and school concurrency management
3818	systems with a planning period of up to 10 years for specially
3819	designated districts or areas where significant backlogs exist.
3820	The plan may include interim level-of-service standards on
3821	certain facilities and shall rely on the local government's
3822	schedule of capital improvements for up to 10 years as a basis
3823	for issuing development orders that authorize commencement of
3824	construction in these designated districts or areas. The
3825	concurrency management system must be designed to correct
3826	existing deficiencies and set priorities for addressing
3827	backlogged facilities. The concurrency management system must be
3828	financially feasible and consistent with other portions of the
3829	adopted local plan, including the future land use map.
3830	(b)  If a local government has a transportation or school
3831	facility backlog for existing development which cannot be
3832	adequately addressed in a 10-year plan, the state land planning
3833	agency may allow it to develop a plan and long-term schedule of
3834	capital improvements covering up to 15 years for good and
3835	sufficient cause, based on a general comparison between that
3836	local government and all other similarly situated local
3837	jurisdictions, using the following factors:
3838	1.  The extent of the backlog.
3839	2.  For roads, whether the backlog is on local or state
3840	roads.
3841	3.  The cost of eliminating the backlog.
3842	4.  The local government's tax and other revenue-raising
3843	efforts.
3844	(c)  The local government may issue approvals to commence
3845	construction notwithstanding this section, consistent with and
3846	in areas that are subject to a long-term concurrency management
3847	system.
3848	(d)  If the local government adopts a long-term concurrency
3849	management system, it must evaluate the system periodically. At
3850	a minimum, the local government must assess its progress toward
3851	improving levels of service within the long-term concurrency
3852	management district or area in the evaluation and appraisal
3853	report and determine any changes that are necessary to
3854	accelerate progress in meeting acceptable levels of service.
3855	(10)  Except in transportation concurrency exception areas,
3856	with regard to roadway facilities on the Strategic Intermodal
3857	System designated in accordance with s. 339.63, local
3858	governments shall adopt the level-of-service standard
3859	established by the Department of Transportation by rule.
3860	However, if the Office of Tourism, Trade, and Economic
3861	Development concurs in writing with the local government that
3862	the proposed development is for a qualified job creation project
3863	under s. 288.0656 or s. 403.973, the affected local government,
3864	after consulting with the Department of Transportation, may
3865	provide for a waiver of transportation concurrency for the
3866	project. For all other roads on the State Highway System, local
3867	governments shall establish an adequate level-of-service
3868	standard that need not be consistent with any level-of-service
3869	standard established by the Department of Transportation. In
3870	establishing adequate level-of-service standards for any
3871	arterial roads, or collector roads as appropriate, which
3872	traverse multiple jurisdictions, local governments shall
3873	consider compatibility with the roadway facility's adopted
3874	level-of-service standards in adjacent jurisdictions. Each local
3875	government within a county shall use a professionally accepted
3876	methodology for measuring impacts on transportation facilities
3877	for the purposes of implementing its concurrency management
3878	system. Counties are encouraged to coordinate with adjacent
3879	counties, and local governments within a county are encouraged
3880	to coordinate, for the purpose of using common methodologies for
3881	measuring impacts on transportation facilities for the purpose
3882	of implementing their concurrency management systems.
3883	(11)  In order to limit the liability of local governments,
3884	a local government may allow a landowner to proceed with
3885	development of a specific parcel of land notwithstanding a
3886	failure of the development to satisfy transportation
3887	concurrency, when all the following factors are shown to exist:
3888	(a)  The local government with jurisdiction over the
3889	property has adopted a local comprehensive plan that is in
3890	compliance.
3891	(b)  The proposed development would be consistent with the
3892	future land use designation for the specific property and with
3893	pertinent portions of the adopted local plan, as determined by
3894	the local government.
3895	(c)  The local plan includes a financially feasible capital
3896	improvements element that provides for transportation facilities
3897	adequate to serve the proposed development, and the local
3898	government has not implemented that element.
3899	(d)  The local government has provided a means by which the
3900	landowner will be assessed a fair share of the cost of providing
3901	the transportation facilities necessary to serve the proposed
3902	development.
3903	(e)  The landowner has made a binding commitment to the
3904	local government to pay the fair share of the cost of providing
3905	the transportation facilities to serve the proposed development.
3906	(12)(a)  A development of regional impact may satisfy the
3907	transportation concurrency requirements of the local
3908	comprehensive plan, the local government's concurrency
3909	management system, and s. 380.06 by payment of a proportionate-
3910	share contribution for local and regionally significant traffic
3911	impacts, if:
3912	1.  The development of regional impact which, based on its
3913	location or mix of land uses, is designed to encourage
3914	pedestrian or other nonautomotive modes of transportation;
3915	2.  The proportionate-share contribution for local and
3916	regionally significant traffic impacts is sufficient to pay for
3917	one or more required mobility improvements that will benefit a
3918	regionally significant transportation facility;
3919	3.  The owner and developer of the development of regional
3920	impact pays or assures payment of the proportionate-share
3921	contribution; and
3922	4.  If the regionally significant transportation facility
3923	to be constructed or improved is under the maintenance authority
3924	of a governmental entity, as defined by s. 334.03(12), other
3925	than the local government with jurisdiction over the development
3926	of regional impact, the developer is required to enter into a
3927	binding and legally enforceable commitment to transfer funds to
3928	the governmental entity having maintenance authority or to
3929	otherwise assure construction or improvement of the facility.
3930
3931	The proportionate-share contribution may be applied to any
3932	transportation facility to satisfy the provisions of this
3933	subsection and the local comprehensive plan, but, for the
3934	purposes of this subsection, the amount of the proportionate-
3935	share contribution shall be calculated based upon the cumulative
3936	number of trips from the proposed development expected to reach
3937	roadways during the peak hour from the complete buildout of a
3938	stage or phase being approved, divided by the change in the peak
3939	hour maximum service volume of roadways resulting from
3940	construction of an improvement necessary to maintain the adopted
3941	level of service, multiplied by the construction cost, at the
3942	time of developer payment, of the improvement necessary to
3943	maintain the adopted level of service. For purposes of this
3944	subsection, "construction cost" includes all associated costs of
3945	the improvement. Proportionate-share mitigation shall be limited
3946	to ensure that a development of regional impact meeting the
3947	requirements of this subsection mitigates its impact on the
3948	transportation system but is not responsible for the additional
3949	cost of reducing or eliminating backlogs. This subsection also
3950	applies to Florida Quality Developments pursuant to s. 380.061
3951	and to detailed specific area plans implementing optional sector
3952	plans pursuant to s. 163.3245.
3953	(b)  As used in this subsection, the term "backlog" means a
3954	facility or facilities on which the adopted level-of-service
3955	standard is exceeded by the existing trips, plus additional
3956	projected background trips from any source other than the
3957	development project under review that are forecast by
3958	established traffic standards, including traffic modeling,
3959	consistent with the University of Florida Bureau of Economic and
3960	Business Research medium population projections. Additional
3961	projected background trips are to be coincident with the
3962	particular stage or phase of development under review.
3963	(13)  School concurrency shall be established on a
3964	districtwide basis and shall include all public schools in the
3965	district and all portions of the district, whether located in a
3966	municipality or an unincorporated area unless exempt from the
3967	public school facilities element pursuant to s. 163.3177(12).
3968	(6)(a)  If concurrency is applied to public education
3969	facilities, The application of school concurrency to development
3970	shall be based upon the adopted comprehensive plan, as amended.
3971	all local governments within a county, except as provided in
3972	paragraph (i) (f), shall include principles, guidelines,
3973	standards, and strategies, including adopted levels of service,
3974	in their comprehensive plans and adopt and transmit to the state
3975	land planning agency the necessary plan amendments, along with
3976	the interlocal agreements. If the county and one or more
3977	municipalities have adopted school concurrency into its
3978	comprehensive plan and interlocal agreement that represents at
3979	least 80 percent of the total countywide population, the failure
3980	of one or more municipalities to adopt the concurrency and enter
3981	into the interlocal agreement does not preclude implementation
3982	of school concurrency within jurisdictions of the school
3983	district that have opted to implement concurrency. agreement,
3984	for a compliance review pursuant to s. 163.3184(7) and (8). The
3985	minimum requirements for school concurrency are the following:
3986	(a)  Public school facilities element.-A local government
3987	shall adopt and transmit to the state land planning agency a
3988	plan or plan amendment which includes a public school facilities
3989	element which is consistent with the requirements of s.
3990	163.3177(12) and which is determined to be in compliance as
3991	defined in s. 163.3184(1)(b). All local government provisions
3992	included in comprehensive plans regarding school concurrency
3993	public school facilities plan elements within a county must be
3994	consistent with each other as well as the requirements of this
3995	part.
3996	(b)  Level-of-service standards.-The Legislature recognizes
3997	that an essential requirement for a concurrency management
3998	system is the level of service at which a public facility is
3999	expected to operate.
4000	1.  Local governments and school boards imposing school
4001	concurrency shall exercise authority in conjunction with each
4002	other to establish jointly adequate level-of-service standards,
4003	as defined in chapter 9J-5, Florida Administrative Code,
4004	necessary to implement the adopted local government
4005	comprehensive plan, based on data and analysis.
4006	(c)2.  Public school level-of-service standards shall be
4007	included and adopted into the capital improvements element of
4008	the local comprehensive plan and shall apply districtwide to all
4009	schools of the same type. Types of schools may include
4010	elementary, middle, and high schools as well as special purpose
4011	facilities such as magnet schools.
4012	(d)3.  Local governments and school boards may shall have
4013	the option to utilize tiered level-of-service standards to allow
4014	time to achieve an adequate and desirable level of service as
4015	circumstances warrant.
4016	(e)4.  For the purpose of determining whether levels of
4017	service have been achieved, for the first 3 years of school
4018	concurrency implementation, A school district that includes
4019	relocatable facilities in its inventory of student stations
4020	shall include the capacity of such relocatable facilities as
4021	provided in s. 1013.35(2)(b)2.f., provided the relocatable
4022	facilities were purchased after 1998 and the relocatable
4023	facilities meet the standards for long-term use pursuant to s.
4024	1013.20.
4025	(c)  Service areas.-The Legislature recognizes that an
4026	essential requirement for a concurrency system is a designation
4027	of the area within which the level of service will be measured
4028	when an application for a residential development permit is
4029	reviewed for school concurrency purposes. This delineation is
4030	also important for purposes of determining whether the local
4031	government has a financially feasible public school capital
4032	facilities program that will provide schools which will achieve
4033	and maintain the adopted level-of-service standards.
4034	(f)1.  In order to balance competing interests, preserve
4035	the constitutional concept of uniformity, and avoid disruption
4036	of existing educational and growth management processes, local
4037	governments are encouraged, if they elect to adopt school
4038	concurrency, to initially apply school concurrency to
4039	development only on a districtwide basis so that a concurrency
4040	determination for a specific development will be based upon the
4041	availability of school capacity districtwide. To ensure that
4042	development is coordinated with schools having available
4043	capacity, within 5 years after adoption of school concurrency,
4044	2.  If a local government elects to governments shall apply
4045	school concurrency on a less than districtwide basis, by such as
4046	using school attendance zones or concurrency service areas:, as
4047	provided in subparagraph 2.
4048	a.2.  For local governments applying school concurrency on
4049	a less than districtwide basis, such as utilizing school
4050	attendance zones or larger school concurrency service areas,
4051	Local governments and school boards shall have the burden to
4052	demonstrate that the utilization of school capacity is maximized
4053	to the greatest extent possible in the comprehensive plan and
4054	amendment, taking into account transportation costs and court-
4055	approved desegregation plans, as well as other factors. In
4056	addition, in order to achieve concurrency within the service
4057	area boundaries selected by local governments and school boards,
4058	the service area boundaries, together with the standards for
4059	establishing those boundaries, shall be identified and included
4060	as supporting data and analysis for the comprehensive plan.
4061	b.3.  Where school capacity is available on a districtwide
4062	basis but school concurrency is applied on a less than
4063	districtwide basis in the form of concurrency service areas, if
4064	the adopted level-of-service standard cannot be met in a
4065	particular service area as applied to an application for a
4066	development permit and if the needed capacity for the particular
4067	service area is available in one or more contiguous service
4068	areas, as adopted by the local government, then the local
4069	government may not deny an application for site plan or final
4070	subdivision approval or the functional equivalent for a
4071	development or phase of a development on the basis of school
4072	concurrency, and if issued, development impacts shall be
4073	subtracted from the shifted to  contiguous service area's areas
4074	with schools having available capacity totals. Students from the
4075	development may not be required to go to the adjacent service
4076	area unless the school board rezones the area in which the
4077	development occurs.
4078	(g)(d)  Financial feasibility.-The Legislature recognizes
4079	that financial feasibility is an important issue because The
4080	premise of concurrency is that the public facilities will be
4081	provided in order to achieve and maintain the adopted level-of-
4082	service standard. This part and chapter 9J-5, Florida
4083	Administrative Code, contain specific standards to determine the
4084	financial feasibility of capital programs. These standards were
4085	adopted to make concurrency more predictable and local
4086	governments more accountable.
4087	1.  A comprehensive plan that imposes amendment seeking to
4088	impose school concurrency shall contain appropriate amendments
4089	to the capital improvements element of the comprehensive plan,
4090	consistent with the requirements of s. 163.3177(3) and rule 9J-
4091	5.016, Florida Administrative Code. The capital improvements
4092	element shall identify facilities necessary to meet adopted
4093	levels of service during a 5-year period consistent with the
4094	school board's educational set forth a financially feasible
4095	public school capital facilities plan program, established in
4096	conjunction with the school board, that demonstrates that the
4097	adopted level-of-service standards will be achieved and
4098	maintained.
4099	(h)1.  In order to limit the liability of local
4100	governments, a local government may allow a landowner to proceed
4101	with development of a specific parcel of land notwithstanding a
4102	failure of the development to satisfy school concurrency, if all
4103	the following factors are shown to exist:
4104	a.  The proposed development would be consistent with the
4105	future land use designation for the specific property and with
4106	pertinent portions of the adopted local plan, as determined by
4107	the local government.
4108	b.  The local government's capital improvements element and
4109	the school board's educational facilities plan provide for
4110	school facilities adequate to serve the proposed development,
4111	and the local government or school board has not implemented
4112	that element or the project includes a plan that demonstrates
4113	that the capital facilities needed as a result of the project
4114	can be reasonably provided.
4115	c.  The local government and school board have provided a
4116	means by which the landowner will be assessed a proportionate
4117	share of the cost of providing the school facilities necessary
4118	to serve the proposed development.
4119	2.  Such amendments shall demonstrate that the public
4120	school capital facilities program meets all of the financial
4121	feasibility standards of this part and chapter 9J-5, Florida
4122	Administrative Code, that apply to capital programs which
4123	provide the basis for mandatory concurrency on other public
4124	facilities and services.
4125	3.  When the financial feasibility of a public school
4126	capital facilities program is evaluated by the state land
4127	planning agency for purposes of a compliance determination, the
4128	evaluation shall be based upon the service areas selected by the
4129	local governments and school board.
4130	2.(e)  Availability standard.-Consistent with the public
4131	welfare, If a local government applies school concurrency, it
4132	may not deny an application for site plan, final subdivision
4133	approval, or the functional equivalent for a development or
4134	phase of a development authorizing residential development for
4135	failure to achieve and maintain the level-of-service standard
4136	for public school capacity in a local school concurrency
4137	management system where adequate school facilities will be in
4138	place or under actual construction within 3 years after the
4139	issuance of final subdivision or site plan approval, or the
4140	functional equivalent. School concurrency is satisfied if the
4141	developer executes a legally binding commitment to provide
4142	mitigation proportionate to the demand for public school
4143	facilities to be created by actual development of the property,
4144	including, but not limited to, the options described in sub-
4145	subparagraph a. subparagraph 1. Options for proportionate-share
4146	mitigation of impacts on public school facilities must be
4147	established in the comprehensive plan public school facilities
4148	element and the interlocal agreement pursuant to s. 163.31777.
4149	a.1.  Appropriate mitigation options include the
4150	contribution of land; the construction, expansion, or payment
4151	for land acquisition or construction of a public school
4152	facility; the construction of a charter school that complies
4153	with the requirements of s. 1002.33(18); or the creation of
4154	mitigation banking based on the construction of a public school
4155	facility in exchange for the right to sell capacity credits.
4156	Such options must include execution by the applicant and the
4157	local government of a development agreement that constitutes a
4158	legally binding commitment to pay proportionate-share mitigation
4159	for the additional residential units approved by the local
4160	government in a development order and actually developed on the
4161	property, taking into account residential density allowed on the
4162	property prior to the plan amendment that increased the overall
4163	residential density. The district school board must be a party
4164	to such an agreement. As a condition of its entry into such a
4165	development agreement, the local government may require the
4166	landowner to agree to continuing renewal of the agreement upon
4167	its expiration.
4168	b.2.  If the interlocal agreement education facilities plan
4169	and the local government comprehensive plan public educational
4170	facilities element authorize a contribution of land; the
4171	construction, expansion, or payment for land acquisition; the
4172	construction or expansion of a public school facility, or a
4173	portion thereof; or the construction of a charter school that
4174	complies with the requirements of s. 1002.33(18), as
4175	proportionate-share mitigation, the local government shall
4176	credit such a contribution, construction, expansion, or payment
4177	toward any other impact fee or exaction imposed by local
4178	ordinance for the same need, on a dollar-for-dollar basis at
4179	fair market value.
4180	c.3.  Any proportionate-share mitigation must be directed
4181	by the school board toward a school capacity improvement
4182	identified in the a financially feasible 5-year school board's
4183	educational facilities district work plan that satisfies the
4184	demands created by the development in accordance with a binding
4185	developer's agreement.
4186	4.  If a development is precluded from commencing because
4187	there is inadequate classroom capacity to mitigate the impacts
4188	of the development, the development may nevertheless commence if
4189	there are accelerated facilities in an approved capital
4190	improvement element scheduled for construction in year four or
4191	later of such plan which, when built, will mitigate the proposed
4192	development, or if such accelerated facilities will be in the
4193	next annual update of the capital facilities element, the
4194	developer enters into a binding, financially guaranteed
4195	agreement with the school district to construct an accelerated
4196	facility within the first 3 years of an approved capital
4197	improvement plan, and the cost of the school facility is equal
4198	to or greater than the development's proportionate share. When
4199	the completed school facility is conveyed to the school
4200	district, the developer shall receive impact fee credits usable
4201	within the zone where the facility is constructed or any
4202	attendance zone contiguous with or adjacent to the zone where
4203	the facility is constructed.
4204	3.5.  This paragraph does not limit the authority of a
4205	local government to deny a development permit or its functional
4206	equivalent pursuant to its home rule regulatory powers, except
4207	as provided in this part.
4208	(i)(f)  Intergovernmental coordination.-
4209	1.  When establishing concurrency requirements for public
4210	schools, a local government shall satisfy the requirements for
4211	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4212	and 2., except that A municipality is not required to be a
4213	signatory to the interlocal agreement required by paragraph (j)
4214	ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4215	imposition of school concurrency, and as a nonsignatory, may
4216	shall not participate in the adopted local school concurrency
4217	system, if the municipality meets all of the following criteria
4218	for having no significant impact on school attendance:
4219	1.a.  The municipality has issued development orders for
4220	fewer than 50 residential dwelling units during the preceding 5
4221	years, or the municipality has generated fewer than 25
4222	additional public school students during the preceding 5 years.
4223	2.b.  The municipality has not annexed new land during the
4224	preceding 5 years in land use categories which permit
4225	residential uses that will affect school attendance rates.
4226	3.c.  The municipality has no public schools located within
4227	its boundaries.
4228	4.d.  At least 80 percent of the developable land within
4229	the boundaries of the municipality has been built upon.
4230	2.  A municipality which qualifies as having no significant
4231	impact on school attendance pursuant to the criteria of
4232	subparagraph 1. must review and determine at the time of its
4233	evaluation and appraisal report pursuant to s. 163.3191 whether
4234	it continues to meet the criteria pursuant to s. 163.31777(6).
4235	If the municipality determines that it no longer meets the
4236	criteria, it must adopt appropriate school concurrency goals,
4237	objectives, and policies in its plan amendments based on the
4238	evaluation and appraisal report, and enter into the existing
4239	interlocal agreement required by ss. 163.3177(6)(h)2. and
4240	163.31777, in order to fully participate in the school
4241	concurrency system. If such a municipality fails to do so, it
4242	will be subject to the enforcement provisions of s. 163.3191.
4243	(j)(g)  Interlocal agreement for school concurrency.-When
4244	establishing concurrency requirements for public schools, a
4245	local government must enter into an interlocal agreement that
4246	satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4247	163.31777 and the requirements of this subsection. The
4248	interlocal agreement shall acknowledge both the school board's
4249	constitutional and statutory obligations to provide a uniform
4250	system of free public schools on a countywide basis, and the
4251	land use authority of local governments, including their
4252	authority to approve or deny comprehensive plan amendments and
4253	development orders. The interlocal agreement shall be submitted
4254	to the state land planning agency by the local government as a
4255	part of the compliance review, along with the other necessary
4256	amendments to the comprehensive plan required by this part. In
4257	addition to the requirements of ss. 163.3177(6)(h) and
4258	163.31777, The interlocal agreement shall meet the following
4259	requirements:
4260	1.  Establish the mechanisms for coordinating the
4261	development, adoption, and amendment of each local government's
4262	school concurrency related provisions of the comprehensive plan
4263	public school facilities element with each other and the plans
4264	of the school board to ensure a uniform districtwide school
4265	concurrency system.
4266	2.  Establish a process for the development of siting
4267	criteria which encourages the location of public schools
4268	proximate to urban residential areas to the extent possible and
4269	seeks to collocate schools with other public facilities such as
4270	parks, libraries, and community centers to the extent possible.
4271	2.3.  Specify uniform, districtwide level-of-service
4272	standards for public schools of the same type and the process
4273	for modifying the adopted level-of-service standards.
4274	4.  Establish a process for the preparation, amendment, and
4275	joint approval by each local government and the school board of
4276	a public school capital facilities program which is financially
4277	feasible, and a process and schedule for incorporation of the
4278	public school capital facilities program into the local
4279	government comprehensive plans on an annual basis.
4280	3.5.  Define the geographic application of school
4281	concurrency. If school concurrency is to be applied on a less
4282	than districtwide basis in the form of concurrency service
4283	areas, the agreement shall establish criteria and standards for
4284	the establishment and modification of school concurrency service
4285	areas. The agreement shall also establish a process and schedule
4286	for the mandatory incorporation of the school concurrency
4287	service areas and the criteria and standards for establishment
4288	of the service areas into the local government comprehensive
4289	plans. The agreement shall ensure maximum utilization of school
4290	capacity, taking into account transportation costs and court-
4291	approved desegregation plans, as well as other factors. The
4292	agreement shall also ensure the achievement and maintenance of
4293	the adopted level-of-service standards for the geographic area
4294	of application throughout the 5 years covered by the public
4295	school capital facilities plan and thereafter by adding a new
4296	fifth year during the annual update.
4297	4.6.  Establish a uniform districtwide procedure for
4298	implementing school concurrency which provides for:
4299	a.  The evaluation of development applications for
4300	compliance with school concurrency requirements, including
4301	information provided by the school board on affected schools,
4302	impact on levels of service, and programmed improvements for
4303	affected schools and any options to provide sufficient capacity;
4304	b.  An opportunity for the school board to review and
4305	comment on the effect of comprehensive plan amendments and
4306	rezonings on the public school facilities plan; and
4307	c.  The monitoring and evaluation of the school concurrency
4308	system.
4309	7.  Include provisions relating to amendment of the
4310	agreement.
4311	5.8.  A process and uniform methodology for determining
4312	proportionate-share mitigation pursuant to paragraph (h)
4313	subparagraph (e)1.
4314	(k)(h)  Local government authority.-This subsection does
4315	not limit the authority of a local government to grant or deny a
4316	development permit or its functional equivalent prior to the
4317	implementation of school concurrency.
4318	(14)  The state land planning agency shall, by October 1,
4319	1998, adopt by rule minimum criteria for the review and
4320	determination of compliance of a public school facilities
4321	element adopted by a local government for purposes of imposition
4322	of school concurrency.
4323	(15)(a)  Multimodal transportation districts may be
4324	established under a local government comprehensive plan in areas
4325	delineated on the future land use map for which the local
4326	comprehensive plan assigns secondary priority to vehicle
4327	mobility and primary priority to assuring a safe, comfortable,
4328	and attractive pedestrian environment, with convenient
4329	interconnection to transit. Such districts must incorporate
4330	community design features that will reduce the number of
4331	automobile trips or vehicle miles of travel and will support an
4332	integrated, multimodal transportation system. Prior to the
4333	designation of multimodal transportation districts, the
4334	Department of Transportation shall be consulted by the local
4335	government to assess the impact that the proposed multimodal
4336	district area is expected to have on the adopted level-of-
4337	service standards established for Strategic Intermodal System
4338	facilities, as defined in s. 339.64, and roadway facilities
4339	funded in accordance with s. 339.2819. Further, the local
4340	government shall, in cooperation with the Department of
4341	Transportation, develop a plan to mitigate any impacts to the
4342	Strategic Intermodal System, including the development of a
4343	long-term concurrency management system pursuant to subsection
4344	(9) and s. 163.3177(3)(d). Multimodal transportation districts
4345	existing prior to July 1, 2005, shall meet, at a minimum, the
4346	provisions of this section by July 1, 2006, or at the time of
4347	the comprehensive plan update pursuant to the evaluation and
4348	appraisal report, whichever occurs last.
4349	(b)  Community design elements of such a district include:
4350	a complementary mix and range of land uses, including
4351	educational, recreational, and cultural uses; interconnected
4352	networks of streets designed to encourage walking and bicycling,
4353	with traffic-calming where desirable; appropriate densities and
4354	intensities of use within walking distance of transit stops;
4355	daily activities within walking distance of residences, allowing
4356	independence to persons who do not drive; public uses, streets,
4357	and squares that are safe, comfortable, and attractive for the
4358	pedestrian, with adjoining buildings open to the street and with
4359	parking not interfering with pedestrian, transit, automobile,
4360	and truck travel modes.
4361	(c)  Local governments may establish multimodal level-of-
4362	service standards that rely primarily on nonvehicular modes of
4363	transportation within the district, when justified by an
4364	analysis demonstrating that the existing and planned community
4365	design will provide an adequate level of mobility within the
4366	district based upon professionally accepted multimodal level-of-
4367	service methodologies. The analysis must also demonstrate that
4368	the capital improvements required to promote community design
4369	are financially feasible over the development or redevelopment
4370	timeframe for the district and that community design features
4371	within the district provide convenient interconnection for a
4372	multimodal transportation system. Local governments may issue
4373	development permits in reliance upon all planned community
4374	design capital improvements that are financially feasible over
4375	the development or redevelopment timeframe for the district,
4376	without regard to the period of time between development or
4377	redevelopment and the scheduled construction of the capital
4378	improvements. A determination of financial feasibility shall be
4379	based upon currently available funding or funding sources that
4380	could reasonably be expected to become available over the
4381	planning period.
4382	(d)  Local governments may reduce impact fees or local
4383	access fees for development within multimodal transportation
4384	districts based on the reduction of vehicle trips per household
4385	or vehicle miles of travel expected from the development pattern
4386	planned for the district.
4387	(16)  It is the intent of the Legislature to provide a
4388	method by which the impacts of development on transportation
4389	facilities can be mitigated by the cooperative efforts of the
4390	public and private sectors. The methodology used to calculate
4391	proportionate fair-share mitigation under this section shall be
4392	as provided for in subsection (12).
4393	(a)  By December 1, 2006, each local government shall adopt
4394	by ordinance a methodology for assessing proportionate fair-
4395	share mitigation options. By December 1, 2005, the Department of
4396	Transportation shall develop a model transportation concurrency
4397	management ordinance with methodologies for assessing
4398	proportionate fair-share mitigation options.
4399	(b)1.  In its transportation concurrency management system,
4400	a local government shall, by December 1, 2006, include
4401	methodologies that will be applied to calculate proportionate
4402	fair-share mitigation. A developer may choose to satisfy all
4403	transportation concurrency requirements by contributing or
4404	paying proportionate fair-share mitigation if transportation
4405	facilities or facility segments identified as mitigation for
4406	traffic impacts are specifically identified for funding in the
4407	5-year schedule of capital improvements in the capital
4408	improvements element of the local plan or the long-term
4409	concurrency management system or if such contributions or
4410	payments to such facilities or segments are reflected in the 5-
4411	year schedule of capital improvements in the next regularly
4412	scheduled update of the capital improvements element. Updates to
4413	the 5-year capital improvements element which reflect
4414	proportionate fair-share contributions may not be found not in
4415	compliance based on ss. 163.3164(32) and 163.3177(3) if
4416	additional contributions, payments or funding sources are
4417	reasonably anticipated during a period not to exceed 10 years to
4418	fully mitigate impacts on the transportation facilities.
4419	2.  Proportionate fair-share mitigation shall be applied as
4420	a credit against impact fees to the extent that all or a portion
4421	of the proportionate fair-share mitigation is used to address
4422	the same capital infrastructure improvements contemplated by the
4423	local government's impact fee ordinance.
4424	(c)  Proportionate fair-share mitigation includes, without
4425	limitation, separately or collectively, private funds,
4426	contributions of land, and construction and contribution of
4427	facilities and may include public funds as determined by the
4428	local government. Proportionate fair-share mitigation may be
4429	directed toward one or more specific transportation improvements
4430	reasonably related to the mobility demands created by the
4431	development and such improvements may address one or more modes
4432	of travel. The fair market value of the proportionate fair-share
4433	mitigation shall not differ based on the form of mitigation. A
4434	local government may not require a development to pay more than
4435	its proportionate fair-share contribution regardless of the
4436	method of mitigation. Proportionate fair-share mitigation shall
4437	be limited to ensure that a development meeting the requirements
4438	of this section mitigates its impact on the transportation
4439	system but is not responsible for the additional cost of
4440	reducing or eliminating backlogs.
4441	(d)  This subsection does not require a local government to
4442	approve a development that is not otherwise qualified for
4443	approval pursuant to the applicable local comprehensive plan and
4444	land development regulations.
4445	(e)  Mitigation for development impacts to facilities on
4446	the Strategic Intermodal System made pursuant to this subsection
4447	requires the concurrence of the Department of Transportation.
4448	(f)  If the funds in an adopted 5-year capital improvements
4449	element are insufficient to fully fund construction of a
4450	transportation improvement required by the local government's
4451	concurrency management system, a local government and a
4452	developer may still enter into a binding proportionate-share
4453	agreement authorizing the developer to construct that amount of
4454	development on which the proportionate share is calculated if
4455	the proportionate-share amount in such agreement is sufficient
4456	to pay for one or more improvements which will, in the opinion
4457	of the governmental entity or entities maintaining the
4458	transportation facilities, significantly benefit the impacted
4459	transportation system. The improvements funded by the
4460	proportionate-share component must be adopted into the 5-year
4461	capital improvements schedule of the comprehensive plan at the
4462	next annual capital improvements element update. The funding of
4463	any improvements that significantly benefit the impacted
4464	transportation system satisfies concurrency requirements as a
4465	mitigation of the development's impact upon the overall
4466	transportation system even if there remains a failure of
4467	concurrency on other impacted facilities.
4468	(g)  Except as provided in subparagraph (b)1., this section
4469	may not prohibit the Department of Community Affairs from
4470	finding other portions of the capital improvements element
4471	amendments not in compliance as provided in this chapter.
4472	(h)  The provisions of this subsection do not apply to a
4473	development of regional impact satisfying the requirements of
4474	subsection (12).
4475	(i)  As used in this subsection, the term "backlog" means a
4476	facility or facilities on which the adopted level-of-service
4477	standard is exceeded by the existing trips, plus additional
4478	projected background trips from any source other than the
4479	development project under review that are forecast by
4480	established traffic standards, including traffic modeling,
4481	consistent with the University of Florida Bureau of Economic and
4482	Business Research medium population projections. Additional
4483	projected background trips are to be coincident with the
4484	particular stage or phase of development under review.
4485	(17)  A local government and the developer of affordable
4486	workforce housing units developed in accordance with s.
4487	380.06(19) or s. 380.0651(3) may identify an employment center
4488	or centers in close proximity to the affordable workforce
4489	housing units. If at least 50 percent of the units are occupied
4490	by an employee or employees of an identified employment center
4491	or centers, all of the affordable workforce housing units are
4492	exempt from transportation concurrency requirements, and the
4493	local government may not reduce any transportation trip-
4494	generation entitlements of an approved development-of-regional-
4495	impact development order. As used in this subsection, the term
4496	"close proximity" means 5 miles from the nearest point of the
4497	development of regional impact to the nearest point of the
4498	employment center, and the term "employment center" means a
4499	place of employment that employs at least 25 or more full-time
4500	employees.
4501	Section 16.  Section 163.3182, Florida Statutes, is amended
4502	to read:
4503	163.3182  Transportation deficiencies concurrency
4504	backlogs.-
4505	(1)  DEFINITIONS.-For purposes of this section, the term:
4506	(a)  "Transportation deficiency concurrency backlog area"
4507	means the geographic area within the unincorporated portion of a
4508	county or within the municipal boundary of a municipality
4509	designated in a local government comprehensive plan for which a
4510	transportation development concurrency backlog authority is
4511	created pursuant to this section. A transportation deficiency
4512	concurrency backlog area created within the corporate boundary
4513	of a municipality shall be made pursuant to an interlocal
4514	agreement between a county, a municipality or municipalities,
4515	and any affected taxing authority or authorities.
4516	(b)  "Authority" or "transportation development concurrency
4517	backlog authority" means the governing body of a county or
4518	municipality within which an authority is created.
4519	(c)  "Governing body" means the council, commission, or
4520	other legislative body charged with governing the county or
4521	municipality within which an a transportation concurrency
4522	backlog authority is created pursuant to this section.
4523	(d)  "Transportation deficiency concurrency backlog" means
4524	an identified need deficiency where the existing and projected
4525	extent of traffic volume exceeds the level of service standard
4526	adopted in a local government comprehensive plan for a
4527	transportation facility.
4528	(e)  "Transportation sufficiency concurrency backlog plan"
4529	means the plan adopted as part of a local government
4530	comprehensive plan by the governing body of a county or
4531	municipality acting as a transportation development concurrency
4532	backlog authority.
4533	(f)  "Transportation concurrency backlog project" means any
4534	designated transportation project identified for construction
4535	within the jurisdiction of a transportation development
4536	concurrency backlog authority.
4537	(g)  "Debt service millage" means any millage levied
4538	pursuant to s. 12, Art. VII of the State Constitution.
4539	(h)  "Increment revenue" means the amount calculated
4540	pursuant to subsection (5).
4541	(i)  "Taxing authority" means a public body that levies or
4542	is authorized to levy an ad valorem tax on real property located
4543	within a transportation deficiency concurrency backlog area,
4544	except a school district.
4545	(2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4546	BACKLOG AUTHORITIES.-
4547	(a)  A county or municipality may create a transportation
4548	development concurrency backlog authority if it has an
4549	identified transportation deficiency concurrency backlog.
4550	(b)  Acting as the transportation development concurrency
4551	backlog authority within the authority's jurisdictional
4552	boundary, the governing body of a county or municipality shall
4553	adopt and implement a plan to eliminate all identified
4554	transportation deficiencies concurrency backlogs within the
4555	authority's jurisdiction using funds provided pursuant to
4556	subsection (5) and as otherwise provided pursuant to this
4557	section.
4558	(c)  The Legislature finds and declares that there exist in
4559	many counties and municipalities areas that have significant
4560	transportation deficiencies and inadequate transportation
4561	facilities; that many insufficiencies and inadequacies severely
4562	limit or prohibit the satisfaction of transportation level of
4563	service concurrency standards; that the transportation
4564	insufficiencies and inadequacies affect the health, safety, and
4565	welfare of the residents of these counties and municipalities;
4566	that the transportation insufficiencies and inadequacies
4567	adversely affect economic development and growth of the tax base
4568	for the areas in which these insufficiencies and inadequacies
4569	exist; and that the elimination of transportation deficiencies
4570	and inadequacies and the satisfaction of transportation
4571	concurrency standards are paramount public purposes for the
4572	state and its counties and municipalities.
4573	(3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4574	BACKLOG AUTHORITY.-Each transportation development concurrency
4575	backlog authority created pursuant to this section has the
4576	powers necessary or convenient to carry out the purposes of this
4577	section, including the following powers in addition to others
4578	granted in this section:
4579	(a)  To make and execute contracts and other instruments
4580	necessary or convenient to the exercise of its powers under this
4581	section.
4582	(b)  To undertake and carry out transportation concurrency
4583	backlog projects for transportation facilities designed to
4584	relieve transportation deficiencies that have a concurrency
4585	backlog within the authority's jurisdiction. Transportation
4586	Concurrency backlog projects may include transportation
4587	facilities that provide for alternative modes of travel
4588	including sidewalks, bikeways, and mass transit which are
4589	related to a deficient backlogged transportation facility.
4590	(c)  To invest any transportation concurrency backlog funds
4591	held in reserve, sinking funds, or any such funds not required
4592	for immediate disbursement in property or securities in which
4593	savings banks may legally invest funds subject to the control of
4594	the authority and to redeem such bonds as have been issued
4595	pursuant to this section at the redemption price established
4596	therein, or to purchase such bonds at less than redemption
4597	price. All such bonds redeemed or purchased shall be canceled.
4598	(d)  To borrow money, including, but not limited to,
4599	issuing debt obligations such as, but not limited to, bonds,
4600	notes, certificates, and similar debt instruments; to apply for
4601	and accept advances, loans, grants, contributions, and any other
4602	forms of financial assistance from the Federal Government or the
4603	state, county, or any other public body or from any sources,
4604	public or private, for the purposes of this part; to give such
4605	security as may be required; to enter into and carry out
4606	contracts or agreements; and to include in any contracts for
4607	financial assistance with the Federal Government for or with
4608	respect to a transportation concurrency backlog project and
4609	related activities such conditions imposed under federal laws as
4610	the transportation development concurrency backlog authority
4611	considers reasonable and appropriate and which are not
4612	inconsistent with the purposes of this section.
4613	(e)  To make or have made all surveys and plans necessary
4614	to the carrying out of the purposes of this section; to contract
4615	with any persons, public or private, in making and carrying out
4616	such plans; and to adopt, approve, modify, or amend such
4617	transportation sufficiency concurrency backlog plans.
4618	(f)  To appropriate such funds and make such expenditures
4619	as are necessary to carry out the purposes of this section, and
4620	to enter into agreements with other public bodies, which
4621	agreements may extend over any period notwithstanding any
4622	provision or rule of law to the contrary.
4623	(4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4624	(a)  Each transportation development concurrency backlog
4625	authority shall adopt a transportation sufficiency concurrency
4626	backlog plan as a part of the local government comprehensive
4627	plan within 6 months after the creation of the authority. The
4628	plan must:
4629	(a)1.  Identify all transportation facilities that have
4630	been designated as deficient and require the expenditure of
4631	moneys to upgrade, modify, or mitigate the deficiency.
4632	(b)2.  Include a priority listing of all transportation
4633	facilities that have been designated as deficient and do not
4634	satisfy concurrency requirements pursuant to s. 163.3180, and
4635	the applicable local government comprehensive plan.
4636	(c)3.  Establish a schedule for financing and construction
4637	of transportation concurrency backlog projects that will
4638	eliminate transportation deficiencies concurrency backlogs
4639	within the jurisdiction of the authority within 10 years after
4640	the transportation sufficiency concurrency backlog plan
4641	adoption. The schedule shall be adopted as part of the local
4642	government comprehensive plan.
4643	(b)  The adoption of the transportation concurrency backlog
4644	plan shall be exempt from the provisions of s. 163.3187(1).
4645
4646	Notwithstanding such schedule requirements, as long as the
4647	schedule provides for the elimination of all transportation
4648	deficiencies concurrency backlogs within 10 years after the
4649	adoption of the transportation sufficiency concurrency backlog
4650	plan, the final maturity date of any debt incurred to finance or
4651	refinance the related projects may be no later than 40 years
4652	after the date the debt is incurred and the authority may
4653	continue operations and administer the trust fund established as
4654	provided in subsection (5) for as long as the debt remains
4655	outstanding.
4656	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4657	development concurrency backlog authority shall establish a
4658	local transportation concurrency backlog trust fund upon
4659	creation of the authority. Each local trust fund shall be
4660	administered by the transportation development concurrency
4661	backlog authority within which a transportation deficiencies
4662	have concurrency backlog has been identified. Each local trust
4663	fund must continue to be funded under this section for as long
4664	as the projects set forth in the related transportation
4665	sufficiency concurrency backlog plan remain to be completed or
4666	until any debt incurred to finance or refinance the related
4667	projects is no longer outstanding, whichever occurs later.
4668	Beginning in the first fiscal year after the creation of the
4669	authority, each local trust fund shall be funded by the proceeds
4670	of an ad valorem tax increment collected within each
4671	transportation deficiency concurrency backlog area to be
4672	determined annually and shall be a minimum of 25 percent of the
4673	difference between the amounts set forth in paragraphs (a) and
4674	(b), except that if all of the affected taxing authorities agree
4675	under an interlocal agreement, a particular local trust fund may
4676	be funded by the proceeds of an ad valorem tax increment greater
4677	than 25 percent of the difference between the amounts set forth
4678	in paragraphs (a) and (b):
4679	(a)  The amount of ad valorem tax levied each year by each
4680	taxing authority, exclusive of any amount from any debt service
4681	millage, on taxable real property contained within the
4682	jurisdiction of the transportation development concurrency
4683	backlog authority and within the transportation deficiency
4684	backlog area; and
4685	(b)  The amount of ad valorem taxes which would have been
4686	produced by the rate upon which the tax is levied each year by
4687	or for each taxing authority, exclusive of any debt service
4688	millage, upon the total of the assessed value of the taxable
4689	real property within the transportation deficiency concurrency
4690	backlog area as shown on the most recent assessment roll used in
4691	connection with the taxation of such property of each taxing
4692	authority prior to the effective date of the ordinance funding
4693	the trust fund.
4694	(6)  EXEMPTIONS.-
4695	(a)  The following public bodies or taxing authorities are
4696	exempt from the provisions of this section:
4697	1.  A special district that levies ad valorem taxes on
4698	taxable real property in more than one county.
4699	2.  A special district for which the sole available source
4700	of revenue is the authority to levy ad valorem taxes at the time
4701	an ordinance is adopted under this section. However, revenues or
4702	aid that may be dispensed or appropriated to a district as
4703	defined in s. 388.011 at the discretion of an entity other than
4704	such district are shall not be deemed available.
4705	3.  A library district.
4706	4.  A neighborhood improvement district created under the
4707	Safe Neighborhoods Act.
4708	5.  A metropolitan transportation authority.
4709	6.  A water management district created under s. 373.069.
4710	7.  A community redevelopment agency.
4711	(b)  A transportation development concurrency exemption
4712	authority may also exempt from this section a special district
4713	that levies ad valorem taxes within the transportation
4714	deficiency concurrency backlog area pursuant to s.
4715	163.387(2)(d).
4716	(7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4717	of a transportation sufficiency concurrency backlog plan as a
4718	part of the local government comprehensive plan, and the plan
4719	going into effect, the area subject to the plan shall be deemed
4720	to have achieved and maintained transportation level-of-service
4721	standards, and to have met requirements for financial
4722	feasibility for transportation facilities, and for the purpose
4723	of proposed development transportation concurrency has been
4724	satisfied. Proportionate fair-share mitigation shall be limited
4725	to ensure that a development inside a transportation deficiency
4726	concurrency backlog area is not responsible for the additional
4727	costs of eliminating deficiencies backlogs.
4728	(8)  DISSOLUTION.-Upon completion of all transportation
4729	concurrency backlog projects identified in the transportation
4730	sufficiency plan and repayment or defeasance of all debt issued
4731	to finance or refinance such projects, a transportation
4732	development concurrency backlog authority shall be dissolved,
4733	and its assets and liabilities transferred to the county or
4734	municipality within which the authority is located. All
4735	remaining assets of the authority must be used for
4736	implementation of transportation projects within the
4737	jurisdiction of the authority. The local government
4738	comprehensive plan shall be amended to remove the transportation
4739	concurrency backlog plan.
4740	Section 17.  Section 163.3184, Florida Statutes, is amended
4741	to read:
4742	163.3184  Process for adoption of comprehensive plan or
4743	plan amendment.-
4744	(1)  DEFINITIONS.-As used in this section, the term:
4745	(a)  "Affected person" includes the affected local
4746	government; persons owning property, residing, or owning or
4747	operating a business within the boundaries of the local
4748	government whose plan is the subject of the review; owners of
4749	real property abutting real property that is the subject of a
4750	proposed change to a future land use map; and adjoining local
4751	governments that can demonstrate that the plan or plan amendment
4752	will produce substantial impacts on the increased need for
4753	publicly funded infrastructure or substantial impacts on areas
4754	designated for protection or special treatment within their
4755	jurisdiction. Each person, other than an adjoining local
4756	government, in order to qualify under this definition, shall
4757	also have submitted oral or written comments, recommendations,
4758	or objections to the local government during the period of time
4759	beginning with the transmittal hearing for the plan or plan
4760	amendment and ending with the adoption of the plan or plan
4761	amendment.
4762	(b)  "In compliance" means consistent with the requirements
4763	of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4764	163.3248 with the state comprehensive plan, with the appropriate
4765	strategic regional policy plan, and with chapter 9J-5, Florida
4766	Administrative Code, where such rule is not inconsistent with
4767	this part and with the principles for guiding development in
4768	designated areas of critical state concern and with part III of
4769	chapter 369, where applicable.
4770	(c)  "Reviewing agencies" means:
4771	1.  The state land planning agency;
4772	2.  The appropriate regional planning council;
4773	3.  The appropriate water management district;
4774	4.  The Department of Environmental Protection;
4775	5.  The Department of State;
4776	6.  The Department of Transportation;
4777	7.  In the case of plan amendments relating to public
4778	schools, the Department of Education;
4779	8.  In the case of plans or plan amendments that affect a
4780	military installation listed in s. 163.3175, the commanding
4781	officer of the affected military installation;
4782	9.  In the case of county plans and plan amendments, the
4783	Fish and Wildlife Conservation Commission and the Department of
4784	Agriculture and Consumer Services; and
4785	10.  In the case of municipal plans and plan amendments,
4786	the county in which the municipality is located.
4787	(2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4788	(a)  Plan amendments adopted by local governments shall
4789	follow the expedited state review process in subsection (3),
4790	except as set forth in paragraphs (b) and (c).
4791	(b)  Plan amendments that qualify as small-scale
4792	development amendments may follow the small-scale review process
4793	in s. 163.3187.
4794	(c)  Plan amendments that are in an area of critical state
4795	concern designated pursuant to s. 380.05; propose a rural land
4796	stewardship area pursuant to s. 163.3248; propose a sector plan
4797	pursuant to s. 163.3245; update a comprehensive plan based on an
4798	evaluation and appraisal pursuant to s. 163.3191; or are new
4799	plans for newly incorporated municipalities adopted pursuant to
4800	s. 163.3167 shall follow the state coordinated review process in
4801	subsection (4).
4802	(3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4803	COMPREHENSIVE PLAN AMENDMENTS.-
4804	(a)  The process for amending a comprehensive plan
4805	described in this subsection shall apply to all amendments
4806	except as provided in paragraphs (2)(b) and (c) and shall be
4807	applicable statewide.
4808	(b)1.  The local government, after the initial public
4809	hearing held pursuant to subsection (11), shall transmit within
4810	10 days the amendment or amendments and appropriate supporting
4811	data and analyses to the reviewing agencies. The local governing
4812	body shall also transmit a copy of the amendments and supporting
4813	data and analyses to any other local government or governmental
4814	agency that has filed a written request with the governing body.
4815	2.  The reviewing agencies and any other local government
4816	or governmental agency specified in subparagraph 1. may provide
4817	comments regarding the amendment or amendments to the local
4818	government. State agencies shall only comment on important state
4819	resources and facilities that will be adversely impacted by the
4820	amendment if adopted. Comments provided by state agencies shall
4821	state with specificity how the plan amendment will adversely
4822	impact an important state resource or facility and shall
4823	identify measures the local government may take to eliminate,
4824	reduce, or mitigate the adverse impacts. Such comments, if not
4825	resolved, may result in a challenge by the state land planning
4826	agency to the plan amendment. Agencies and local governments
4827	must transmit their comments to the affected local government
4828	such that they are received by the local government not later
4829	than 30 days from the date on which the agency or government
4830	received the amendment or amendments. Reviewing agencies shall
4831	also send a copy of their comments to the state land planning
4832	agency.
4833	3.  Comments to the local government from a regional
4834	planning council, county, or municipality shall be limited as
4835	follows:
4836	a.  The regional planning council review and comments shall
4837	be limited to adverse effects on regional resources or
4838	facilities identified in the strategic regional policy plan and
4839	extrajurisdictional impacts that would be inconsistent with the
4840	comprehensive plan of any affected local government within the
4841	region. A regional planning council may not review and comment
4842	on a proposed comprehensive plan amendment prepared by such
4843	council unless the plan amendment has been changed by the local
4844	government subsequent to the preparation of the plan amendment
4845	by the regional planning council.
4846	b.  County comments shall be in the context of the
4847	relationship and effect of the proposed plan amendments on the
4848	county plan.
4849	c.  Municipal comments shall be in the context of the
4850	relationship and effect of the proposed plan amendments on the
4851	municipal plan.
4852	d. Military installation comments shall be provided in
4853	accordance with s. 163.3175.
4854	4.  Comments to the local government from state agencies
4855	shall be limited to the following subjects as they relate to
4856	important state resources and facilities that will be adversely
4857	impacted by the amendment if adopted:
4858	a.  The Department of Environmental Protection shall limit
4859	its comments to the subjects of air and water pollution;
4860	wetlands and other surface waters of the state; federal and
4861	state-owned lands and interest in lands, including state parks,
4862	greenways and trails, and conservation easements; solid waste;
4863	water and wastewater treatment; and the Everglades ecosystem
4864	restoration.
4865	b.  The Department of State shall limit its comments to the
4866	subjects of historic and archeological resources.
4867	c.  The Department of Transportation shall limit its
4868	comments to the subject of the strategic intermodal system.
4869	d.  The Fish and Wildlife Conservation Commission shall
4870	limit its comments to subjects relating to fish and wildlife
4871	habitat and listed species and their habitat.
4872	e.  The Department of Agriculture and Consumer Services
4873	shall limit its comments to the subjects of agriculture,
4874	forestry, and aquaculture issues.
4875	f.  The Department of Education shall limit its comments to
4876	the subject of public school facilities.
4877	g.  The appropriate water management district shall limit
4878	its comments to flood protection and floodplain management,
4879	wetlands and other surface waters, and regional water supply.
4880	h.  The state land planning agency shall limit its comments
4881	to important state resources and facilities outside the
4882	jurisdiction of other commenting state agencies and may include
4883	comments on countervailing planning policies and objectives
4884	served by the plan amendment that should be balanced against
4885	potential adverse impacts to important state resources and
4886	facilities.
4887	(c)1.  The local government shall hold its second public
4888	hearing, which shall be a hearing on whether to adopt one or
4889	more comprehensive plan amendments pursuant to subsection (11).
4890	If the local government fails, within 180 days after receipt of
4891	agency comments, to hold the second public hearing, the
4892	amendments shall be deemed withdrawn unless extended by
4893	agreement with notice to the state land planning agency and any
4894	affected person that provided comments on the amendment. The
4895	180-day limitation does not apply to amendments processed
4896	pursuant to s. 380.06.
4897	2.  All comprehensive plan amendments adopted by the
4898	governing body, along with the supporting data and analysis,
4899	shall be transmitted within 10 days after the second public
4900	hearing to the state land planning agency and any other agency
4901	or local government that provided timely comments under
4902	subparagraph (b)2.
4903	3.  The state land planning agency shall notify the local
4904	government of any deficiencies within 5 working days after
4905	receipt of an amendment package. For purposes of completeness,
4906	an amendment shall be deemed complete if it contains a full,
4907	executed copy of the adoption ordinance or ordinances; in the
4908	case of a text amendment, a full copy of the amended language in
4909	legislative format with new words inserted in the text
4910	underlined, and words deleted stricken with hyphens; in the case
4911	of a future land use map amendment, a copy of the future land
4912	use map clearly depicting the parcel, its existing future land
4913	use designation, and its adopted designation; and a copy of any
4914	data and analyses the local government deems appropriate.
4915	4.  An amendment adopted under this paragraph does not
4916	become effective until 31 days after the state land planning
4917	agency notifies the local government that the plan amendment
4918	package is complete. If timely challenged, an amendment does not
4919	become effective until the state land planning agency or the
4920	Administration Commission enters a final order determining the
4921	adopted amendment to be in compliance.
4922	(4)  STATE COORDINATED REVIEW PROCESS.-
4923	(a)(2)  Coordination.-The state land planning agency shall
4924	only use the state coordinated review process described in this
4925	subsection for review of comprehensive plans and plan amendments
4926	described in paragraph (2)(c). Each comprehensive plan or plan
4927	amendment proposed to be adopted pursuant to this subsection
4928	part shall be transmitted, adopted, and reviewed in the manner
4929	prescribed in this subsection section. The state land planning
4930	agency shall have responsibility for plan review, coordination,
4931	and the preparation and transmission of comments, pursuant to
4932	this subsection section, to the local governing body responsible
4933	for the comprehensive plan or plan amendment. The state land
4934	planning agency shall maintain a single file concerning any
4935	proposed or adopted plan amendment submitted by a local
4936	government for any review under this section. Copies of all
4937	correspondence, papers, notes, memoranda, and other documents
4938	received or generated by the state land planning agency must be
4939	placed in the appropriate file. Paper copies of all electronic
4940	mail correspondence must be placed in the file. The file and its
4941	contents must be available for public inspection and copying as
4942	provided in chapter 119.
4943	(b)(3)  Local government transmittal of proposed plan or
4944	amendment.-
4945	(a)  Each local governing body proposing a plan or plan
4946	amendment specified in paragraph (2)(c) shall transmit the
4947	complete proposed comprehensive plan or plan amendment to the
4948	reviewing agencies state land planning agency, the appropriate
4949	regional planning council and water management district, the
4950	Department of Environmental Protection, the Department of State,
4951	and the Department of Transportation, and, in the case of
4952	municipal plans, to the appropriate county, and, in the case of
4953	county plans, to the Fish and Wildlife Conservation Commission
4954	and the Department of Agriculture and Consumer Services,
4955	immediately following the first a public hearing pursuant to
4956	subsection (11). The transmitted document shall clearly indicate
4957	on the cover sheet that this plan amendment is subject to the
4958	state coordinated review process of s. 163.3184(4)(15) as
4959	specified in the state land planning agency's procedural rules.
4960	The local governing body shall also transmit a copy of the
4961	complete proposed comprehensive plan or plan amendment to any
4962	other unit of local government or government agency in the state
4963	that has filed a written request with the governing body for the
4964	plan or plan amendment. The local government may request a
4965	review by the state land planning agency pursuant to subsection
4966	(6) at the time of the transmittal of an amendment.
4967	(b)  A local governing body shall not transmit portions of
4968	a plan or plan amendment unless it has previously provided to
4969	all state agencies designated by the state land planning agency
4970	a complete copy of its adopted comprehensive plan pursuant to
4971	subsection (7) and as specified in the agency's procedural
4972	rules. In the case of comprehensive plan amendments, the local
4973	governing body shall transmit to the state land planning agency,
4974	the appropriate regional planning council and water management
4975	district, the Department of Environmental Protection, the
4976	Department of State, and the Department of Transportation, and,
4977	in the case of municipal plans, to the appropriate county and,
4978	in the case of county plans, to the Fish and Wildlife
4979	Conservation Commission and the Department of Agriculture and
4980	Consumer Services the materials specified in the state land
4981	planning agency's procedural rules and, in cases in which the
4982	plan amendment is a result of an evaluation and appraisal report
4983	adopted pursuant to s. 163.3191, a copy of the evaluation and
4984	appraisal report. Local governing bodies shall consolidate all
4985	proposed plan amendments into a single submission for each of
4986	the two plan amendment adoption dates during the calendar year
4987	pursuant to s. 163.3187.
4988	(c)  A local government may adopt a proposed plan amendment
4989	previously transmitted pursuant to this subsection, unless
4990	review is requested or otherwise initiated pursuant to
4991	subsection (6).
4992	(d)  In cases in which a local government transmits
4993	multiple individual amendments that can be clearly and legally
4994	separated and distinguished for the purpose of determining
4995	whether to review the proposed amendment, and the state land
4996	planning agency elects to review several or a portion of the
4997	amendments and the local government chooses to immediately adopt
4998	the remaining amendments not reviewed, the amendments
4999	immediately adopted and any reviewed amendments that the local
5000	government subsequently adopts together constitute one amendment
5001	cycle in accordance with s. 163.3187(1).
5002	(e)  At the request of an applicant, a local government
5003	shall consider an application for zoning changes that would be
5004	required to properly enact the provisions of any proposed plan
5005	amendment transmitted pursuant to this subsection. Zoning
5006	changes approved by the local government are contingent upon the
5007	comprehensive plan or plan amendment transmitted becoming
5008	effective.
5009	(c)(4)  Reviewing agency comments INTERGOVERNMENTAL
5010	REVIEW.-The governmental agencies specified in paragraph (b) may
5011	paragraph (3)(a) shall provide comments regarding the plan or
5012	plan amendments in accordance with subparagraphs (3)(b)2.-4.
5013	However, comments on plans or plan amendments required to be
5014	reviewed under the state coordinated review process shall be
5015	sent to the state land planning agency within 30 days after
5016	receipt by the state land planning agency of the complete
5017	proposed plan or plan amendment from the local government. If
5018	the state land planning agency comments on a plan or plan
5019	amendment adopted under the state coordinated review process, it
5020	shall provide comments according to paragraph (d). Any other
5021	unit of local government or government agency specified in
5022	paragraph (b) may provide comments to the state land planning
5023	agency in accordance with subparagraphs (3)(b)2.-4. within 30
5024	days after receipt by the state land planning agency of the
5025	complete proposed plan or plan amendment. If the plan or plan
5026	amendment includes or relates to the public school facilities
5027	element pursuant to s. 163.3177(12), the state land planning
5028	agency shall submit a copy to the Office of Educational
5029	Facilities of the Commissioner of Education for review and
5030	comment. The appropriate regional planning council shall also
5031	provide its written comments to the state land planning agency
5032	within 30 days after receipt by the state land planning agency
5033	of the complete proposed plan amendment and shall specify any
5034	objections, recommendations for modifications, and comments of
5035	any other regional agencies to which the regional planning
5036	council may have referred the proposed plan amendment. Written
5037	comments submitted by the public shall be sent directly to the
5038	local government within 30 days after notice of transmittal by
5039	the local government of the proposed plan amendment will be
5040	considered as if submitted by governmental agencies. All written
5041	agency and public comments must be made part of the file
5042	maintained under subsection (2).
5043	(5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
5044	the regional planning council pursuant to subsection (4) shall
5045	be limited to effects on regional resources or facilities
5046	identified in the strategic regional policy plan and
5047	extrajurisdictional impacts which would be inconsistent with the
5048	comprehensive plan of the affected local government. However,
5049	any inconsistency between a local plan or plan amendment and a
5050	strategic regional policy plan must not be the sole basis for a
5051	notice of intent to find a local plan or plan amendment not in
5052	compliance with this act. A regional planning council shall not
5053	review and comment on a proposed comprehensive plan it prepared
5054	itself unless the plan has been changed by the local government
5055	subsequent to the preparation of the plan by the regional
5056	planning agency. The review of the county land planning agency
5057	pursuant to subsection (4) shall be primarily in the context of
5058	the relationship and effect of the proposed plan amendment on
5059	any county comprehensive plan element. Any review by
5060	municipalities will be primarily in the context of the
5061	relationship and effect on the municipal plan.
5062	(d)(6)  State land planning agency review.-
5063	(a)  The state land planning agency shall review a proposed
5064	plan amendment upon request of a regional planning council,
5065	affected person, or local government transmitting the plan
5066	amendment. The request from the regional planning council or
5067	affected person must be received within 30 days after
5068	transmittal of the proposed plan amendment pursuant to
5069	subsection (3). A regional planning council or affected person
5070	requesting a review shall do so by submitting a written request
5071	to the agency with a notice of the request to the local
5072	government and any other person who has requested notice.
5073	(b)  The state land planning agency may review any proposed
5074	plan amendment regardless of whether a request for review has
5075	been made, if the agency gives notice to the local government,
5076	and any other person who has requested notice, of its intention
5077	to conduct such a review within 35 days after receipt of the
5078	complete proposed plan amendment.
5079	1.(c)  The state land planning agency shall establish by
5080	rule a schedule for receipt of comments from the various
5081	government agencies, as well as written public comments,
5082	pursuant to subsection (4). If the state land planning agency
5083	elects to review a plan or plan the amendment or the agency is
5084	required to review the amendment as specified in paragraph
5085	(2)(c)(a), the agency shall issue a report giving its
5086	objections, recommendations, and comments regarding the proposed
5087	plan or plan amendment within 60 days after receipt of the
5088	complete proposed plan or plan amendment by the state land
5089	planning agency. Notwithstanding the limitation on comments in
5090	sub-subparagraph (3)(b)4.g., the state land planning agency may
5091	make objections, recommendations, and comments in its report
5092	regarding whether the plan or plan amendment is in compliance
5093	and whether the plan or plan amendment will adversely impact
5094	important state resources and facilities. Any objection
5095	regarding an important state resource or facility that will be
5096	adversely impacted by the adopted plan or plan amendment shall
5097	also state with specificity how the plan or plan amendment will
5098	adversely impact the important state resource or facility and
5099	shall identify measures the local government may take to
5100	eliminate, reduce, or mitigate the adverse impacts. When a
5101	federal, state, or regional agency has implemented a permitting
5102	program, the state land planning agency shall not require a
5103	local government is not required to duplicate or exceed that
5104	permitting program in its comprehensive plan or to implement
5105	such a permitting program in its land development regulations.
5106	This subparagraph does not Nothing contained herein shall
5107	prohibit the state land planning agency in conducting its review
5108	of local plans or plan amendments from making objections,
5109	recommendations, and comments or making compliance
5110	determinations regarding densities and intensities consistent
5111	with the provisions of this part. In preparing its comments, the
5112	state land planning agency shall only base its considerations on
5113	written, and not oral, comments, from any source.
5114	2.(d)  The state land planning agency review shall identify
5115	all written communications with the agency regarding the
5116	proposed plan amendment. If the state land planning agency does
5117	not issue such a review, it shall identify in writing to the
5118	local government all written communications received 30 days
5119	after transmittal. The written identification must include a
5120	list of all documents received or generated by the agency, which
5121	list must be of sufficient specificity to enable the documents
5122	to be identified and copies requested, if desired, and the name
5123	of the person to be contacted to request copies of any
5124	identified document. The list of documents must be made a part
5125	of the public records of the state land planning agency.
5126	(e)(7)  Local government review of comments; adoption of
5127	plan or amendments and transmittal.-
5128	1.(a)  The local government shall review the report written
5129	comments submitted to it by the state land planning agency, if
5130	any, and written comments submitted to it by any other person,
5131	agency, or government. Any comments, recommendations, or
5132	objections and any reply to them shall be public documents, a
5133	part of the permanent record in the matter, and admissible in
5134	any proceeding in which the comprehensive plan or plan amendment
5135	may be at issue. The local government, upon receipt of the
5136	report written comments from the state land planning agency,
5137	shall hold its second public hearing, which shall be a hearing
5138	to determine whether to adopt the comprehensive plan or one or
5139	more comprehensive plan amendments pursuant to subsection (11).
5140	If the local government fails to hold the second hearing within
5141	180 days after receipt of the state land planning agency's
5142	report, the amendments shall be deemed withdrawn unless extended
5143	by agreement with notice to the state land planning agency and
5144	any affected person that provided comments on the amendment. The
5145	180-day limitation does not apply to amendments processed
5146	pursuant to s. 380.06.
5147	2.  All comprehensive plan amendments adopted by the
5148	governing body, along with the supporting data and analysis,
5149	shall be transmitted within 10 days after the second public
5150	hearing to the state land planning agency and any other agency
5151	or local government that provided timely comments under
5152	paragraph (c).
5153	3.  The state land planning agency shall notify the local
5154	government of any deficiencies within 5 working days after
5155	receipt of a plan or plan amendment package. For purposes of
5156	completeness, a plan or plan amendment shall be deemed complete
5157	if it contains a full, executed copy of the adoption ordinance
5158	or ordinances; in the case of a text amendment, a full copy of
5159	the amended language in legislative format with new words
5160	inserted in the text underlined, and words deleted stricken with
5161	hyphens; in the case of a future land use map amendment, a copy
5162	of the future land use map clearly depicting the parcel, its
5163	existing future land use designation, and its adopted
5164	designation; and a copy of any data and analyses the local
5165	government deems appropriate.
5166	4.  After the state land planning agency makes a
5167	determination of completeness regarding the adopted plan or plan
5168	amendment, the state land planning agency shall have 45 days to
5169	determine if the plan or plan amendment is in compliance with
5170	this act. Unless the plan or plan amendment is substantially
5171	changed from the one commented on, the state land planning
5172	agency's compliance determination shall be limited to objections
5173	raised in the objections, recommendations, and comments report.
5174	During the period provided for in this subparagraph, the state
5175	land planning agency shall issue, through a senior administrator
5176	or the secretary, a notice of intent to find that the plan or
5177	plan amendment is in compliance or not in compliance. The state
5178	land planning agency shall post a copy of the notice of intent
5179	on the agency's Internet site. Publication by the state land
5180	planning agency of the notice of intent on the state land
5181	planning agency's Internet site shall be prima facie evidence of
5182	compliance with the publication requirements of this
5183	subparagraph.
5184	5.  A plan or plan amendment adopted under the state
5185	coordinated review process shall go into effect pursuant to the
5186	state land planning agency's notice of intent. If timely
5187	challenged, an amendment does not become effective until the
5188	state land planning agency or the Administration Commission
5189	enters a final order determining the adopted amendment to be in
5190	compliance.
5191	(5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5192	AMENDMENTS.-
5193	(a)  Any affected person as defined in paragraph (1)(a) may
5194	file a petition with the Division of Administrative Hearings
5195	pursuant to ss. 120.569 and 120.57, with a copy served on the
5196	affected local government, to request a formal hearing to
5197	challenge whether the plan or plan amendments are in compliance
5198	as defined in paragraph (1)(b). This petition must be filed with
5199	the division within 30 days after the local government adopts
5200	the amendment. The state land planning agency may not intervene
5201	in a proceeding initiated by an affected person.
5202	(b)  The state land planning agency may file a petition
5203	with the Division of Administrative Hearings pursuant to ss.
5204	120.569 and 120.57, with a copy served on the affected local
5205	government, to request a formal hearing to challenge whether the
5206	plan or plan amendment is in compliance as defined in paragraph
5207	(1)(b). The state land planning agency's petition must clearly
5208	state the reasons for the challenge. This petition must be filed
5209	with the division within 30 days after the state land planning
5210	agency notifies the local government that the plan amendment
5211	package is complete according to subparagraph (3)(c)3.
5212	1.  The state land planning agency's challenge to plan
5213	amendments adopted under the expedited state review process
5214	shall be limited to the comments provided by the reviewing
5215	agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5216	determination by the state land planning agency that an
5217	important state resource or facility will be adversely impacted
5218	by the adopted plan amendment. The state land planning agency's
5219	petition shall state with specificity how the plan amendment
5220	will adversely impact the important state resource or facility.
5221	The state land planning agency may challenge a plan amendment
5222	that has substantially changed from the version on which the
5223	agencies provided comments but only upon a determination by the
5224	state land planning agency that an important state resource or
5225	facility will be adversely impacted.
5226	2.  If the state land planning agency issues a notice of
5227	intent to find the comprehensive plan or plan amendment not in
5228	compliance with this act, the notice of intent shall be
5229	forwarded to the Division of Administrative Hearings of the
5230	Department of Management Services, which shall conduct a
5231	proceeding under ss. 120.569 and 120.57 in the county of and
5232	convenient to the affected local jurisdiction. The parties to
5233	the proceeding shall be the state land planning agency, the
5234	affected local government, and any affected person who
5235	intervenes. No new issue may be alleged as a reason to find a
5236	plan or plan amendment not in compliance in an administrative
5237	pleading filed more than 21 days after publication of notice
5238	unless the party seeking that issue establishes good cause for
5239	not alleging the issue within that time period. Good cause does
5240	not include excusable neglect.
5241	(c)  An administrative law judge shall hold a hearing in
5242	the affected local jurisdiction on whether the plan or plan
5243	amendment is in compliance.
5244	1.  In challenges filed by an affected person, the
5245	comprehensive plan or plan amendment shall be determined to be
5246	in compliance if the local government's determination of
5247	compliance is fairly debatable.
5248	2.a.  In challenges filed by the state land planning
5249	agency, the local government's determination that the
5250	comprehensive plan or plan amendment is in compliance is
5251	presumed to be correct, and the local government's determination
5252	shall be sustained unless it is shown by a preponderance of the
5253	evidence that the comprehensive plan or plan amendment is not in
5254	compliance.
5255	b.  In challenges filed by the state land planning agency,
5256	the local government's determination that elements of its plan
5257	are related to and consistent with each other shall be sustained
5258	if the determination is fairly debatable.
5259	3.  In challenges filed by the state land planning agency
5260	that require a determination by the agency that an important
5261	state resource or facility will be adversely impacted by the
5262	adopted plan or plan amendment, the local government may contest
5263	the agency's determination of an important state resource or
5264	facility. The state land planning agency shall prove its
5265	determination by clear and convincing evidence.
5266	(d)  If the administrative law judge recommends that the
5267	amendment be found not in compliance, the judge shall submit the
5268	recommended order to the Administration Commission for final
5269	agency action. The Administration Commission shall enter a final
5270	order within 45 days after its receipt of the recommended order.
5271	(e)  If the administrative law judge recommends that the
5272	amendment be found in compliance, the judge shall submit the
5273	recommended order to the state land planning agency.
5274	1.  If the state land planning agency determines that the
5275	plan amendment should be found not in compliance, the agency
5276	shall refer, within 30 days after receipt of the recommended
5277	order, the recommended order and its determination to the
5278	Administration Commission for final agency action.
5279	2.  If the state land planning agency determines that the
5280	plan amendment should be found in compliance, the agency shall
5281	enter its final order not later than 30 days after receipt of
5282	the recommended order.
5283	(f)  Parties to a proceeding under this subsection may
5284	enter into compliance agreements using the process in subsection
5285	(6).
5286	(6)  COMPLIANCE AGREEMENT.-
5287	(a)  At any time after the filing of a challenge, the state
5288	land planning agency and the local government may voluntarily
5289	enter into a compliance agreement to resolve one or more of the
5290	issues raised in the proceedings. Affected persons who have
5291	initiated a formal proceeding or have intervened in a formal
5292	proceeding may also enter into a compliance agreement with the
5293	local government. All parties granted intervenor status shall be
5294	provided reasonable notice of the commencement of a compliance
5295	agreement negotiation process and a reasonable opportunity to
5296	participate in such negotiation process. Negotiation meetings
5297	with local governments or intervenors shall be open to the
5298	public. The state land planning agency shall provide each party
5299	granted intervenor status with a copy of the compliance
5300	agreement within 10 days after the agreement is executed. The
5301	compliance agreement shall list each portion of the plan or plan
5302	amendment that has been challenged, and shall specify remedial
5303	actions that the local government has agreed to complete within
5304	a specified time in order to resolve the challenge, including
5305	adoption of all necessary plan amendments. The compliance
5306	agreement may also establish monitoring requirements and
5307	incentives to ensure that the conditions of the compliance
5308	agreement are met.
5309	(b)  Upon the filing of a compliance agreement executed by
5310	the parties to a challenge and the local government with the
5311	Division of Administrative Hearings, any administrative
5312	proceeding under ss. 120.569 and 120.57 regarding the plan or
5313	plan amendment covered by the compliance agreement shall be
5314	stayed.
5315	(c)  Before its execution of a compliance agreement, the
5316	local government must approve the compliance agreement at a
5317	public hearing advertised at least 10 days before the public
5318	hearing in a newspaper of general circulation in the area in
5319	accordance with the advertisement requirements of chapter 125 or
5320	chapter 166, as applicable.
5321	(d)  The local government shall hold a single public
5322	hearing for adopting remedial amendments.
5323	(e)  For challenges to amendments adopted under the
5324	expedited review process, if the local government adopts a
5325	comprehensive plan amendment pursuant to a compliance agreement,
5326	an affected person or the state land planning agency may file a
5327	revised challenge with the Division of Administrative Hearings
5328	within 15 days after the adoption of the remedial amendment.
5329	(f)  For challenges to amendments adopted under the state
5330	coordinated process, the state land planning agency, upon
5331	receipt of a plan or plan amendment adopted pursuant to a
5332	compliance agreement, shall issue a cumulative notice of intent
5333	addressing both the remedial amendment and the plan or plan
5334	amendment that was the subject of the agreement.
5335	1.  If the local government adopts a comprehensive plan or
5336	plan amendment pursuant to a compliance agreement and a notice
5337	of intent to find the plan amendment in compliance is issued,
5338	the state land planning agency shall forward the notice of
5339	intent to the Division of Administrative Hearings and the
5340	administrative law judge shall realign the parties in the
5341	pending proceeding under ss. 120.569 and 120.57, which shall
5342	thereafter be governed by the process contained in paragraph
5343	(5)(a) and subparagraph (5)(c)1., including provisions relating
5344	to challenges by an affected person, burden of proof, and issues
5345	of a recommended order and a final order. Parties to the
5346	original proceeding at the time of realignment may continue as
5347	parties without being required to file additional pleadings to
5348	initiate a proceeding, but may timely amend their pleadings to
5349	raise any challenge to the amendment that is the subject of the
5350	cumulative notice of intent, and must otherwise conform to the
5351	rules of procedure of the Division of Administrative Hearings.
5352	Any affected person not a party to the realigned proceeding may
5353	challenge the plan amendment that is the subject of the
5354	cumulative notice of intent by filing a petition with the agency
5355	as provided in subsection (5). The agency shall forward the
5356	petition filed by the affected person not a party to the
5357	realigned proceeding to the Division of Administrative Hearings
5358	for consolidation with the realigned proceeding. If the
5359	cumulative notice of intent is not challenged, the state land
5360	planning agency shall request that the Division of
5361	Administrative Hearings relinquish jurisdiction to the state
5362	land planning agency for issuance of a final order.
5363	2.  If the local government adopts a comprehensive plan
5364	amendment pursuant to a compliance agreement and a notice of
5365	intent is issued that finds the plan amendment not in
5366	compliance, the state land planning agency shall forward the
5367	notice of intent to the Division of Administrative Hearings,
5368	which shall consolidate the proceeding with the pending
5369	proceeding and immediately set a date for a hearing in the
5370	pending proceeding under ss. 120.569 and 120.57. Affected
5371	persons who are not a party to the underlying proceeding under
5372	ss. 120.569 and 120.57 may challenge the plan amendment adopted
5373	pursuant to the compliance agreement by filing a petition
5374	pursuant to paragraph (5)(a).
5375	(g)  This subsection does not prohibit a local government
5376	from amending portions of its comprehensive plan other than
5377	those that are the subject of a challenge. However, such
5378	amendments to the plan may not be inconsistent with the
5379	compliance agreement.
5380	(h)  This subsection does not require settlement by any
5381	party against its will or preclude the use of other informal
5382	dispute resolution methods in the course of or in addition to
5383	the method described in this subsection.
5384	(7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5385	(a)  At any time after the matter has been forwarded to the
5386	Division of Administrative Hearings, the local government
5387	proposing the amendment may demand formal mediation or the local
5388	government proposing the amendment or an affected person who is
5389	a party to the proceeding may demand informal mediation or
5390	expeditious resolution of the amendment proceedings by serving
5391	written notice on the state land planning agency if a party to
5392	the proceeding, all other parties to the proceeding, and the
5393	administrative law judge.
5394	(b)  Upon receipt of a notice pursuant to paragraph (a),
5395	the administrative law judge shall set the matter for final
5396	hearing no more than 30 days after receipt of the notice. Once a
5397	final hearing has been set, no continuance in the hearing, and
5398	no additional time for post-hearing submittals, may be granted
5399	without the written agreement of the parties absent a finding by
5400	the administrative law judge of extraordinary circumstances.
5401	Extraordinary circumstances do not include matters relating to
5402	workload or need for additional time for preparation,
5403	negotiation, or mediation.
5404	(c)  Absent a showing of extraordinary circumstances, the
5405	administrative law judge shall issue a recommended order, in a
5406	case proceeding under subsection (5), within 30 days after
5407	filing of the transcript, unless the parties agree in writing to
5408	a longer time.
5409	(d)  Absent a showing of extraordinary circumstances, the
5410	Administration Commission shall issue a final order, in a case
5411	proceeding under subsection (5), within 45 days after the
5412	issuance of the recommended order, unless the parties agree in
5413	writing to a longer time. have 120 days to adopt or adopt with
5414	changes the proposed comprehensive plan or s. 163.3191 plan
5415	amendments. In the case of comprehensive plan amendments other
5416	than those proposed pursuant to s. 163.3191, the local
5417	government shall have 60 days to adopt the amendment, adopt the
5418	amendment with changes, or determine that it will not adopt the
5419	amendment. The adoption of the proposed plan or plan amendment
5420	or the determination not to adopt a plan amendment, other than a
5421	plan amendment proposed pursuant to s. 163.3191, shall be made
5422	in the course of a public hearing pursuant to subsection (15).
5423	The local government shall transmit the complete adopted
5424	comprehensive plan or plan amendment, including the names and
5425	addresses of persons compiled pursuant to paragraph (15)(c), to
5426	the state land planning agency as specified in the agency's
5427	procedural rules within 10 working days after adoption. The
5428	local governing body shall also transmit a copy of the adopted
5429	comprehensive plan or plan amendment to the regional planning
5430	agency and to any other unit of local government or governmental
5431	agency in the state that has filed a written request with the
5432	governing body for a copy of the plan or plan amendment.
5433	(b)  If the adopted plan amendment is unchanged from the
5434	proposed plan amendment transmitted pursuant to subsection (3)
5435	and an affected person as defined in paragraph (1)(a) did not
5436	raise any objection, the state land planning agency did not
5437	review the proposed plan amendment, and the state land planning
5438	agency did not raise any objections during its review pursuant
5439	to subsection (6), the local government may state in the
5440	transmittal letter that the plan amendment is unchanged and was
5441	not the subject of objections.
5442	(8)  NOTICE OF INTENT.-
5443	(a)  If the transmittal letter correctly states that the
5444	plan amendment is unchanged and was not the subject of review or
5445	objections pursuant to paragraph (7)(b), the state land planning
5446	agency has 20 days after receipt of the transmittal letter
5447	within which to issue a notice of intent that the plan amendment
5448	is in compliance.
5449	(b)  Except as provided in paragraph (a) or in s.
5450	163.3187(3), the state land planning agency, upon receipt of a
5451	local government's complete adopted comprehensive plan or plan
5452	amendment, shall have 45 days for review and to determine if the
5453	plan or plan amendment is in compliance with this act, unless
5454	the amendment is the result of a compliance agreement entered
5455	into under subsection (16), in which case the time period for
5456	review and determination shall be 30 days. If review was not
5457	conducted under subsection (6), the agency's determination must
5458	be based upon the plan amendment as adopted. If review was
5459	conducted under subsection (6), the agency's determination of
5460	compliance must be based only upon one or both of the following:
5461	1.  The state land planning agency's written comments to
5462	the local government pursuant to subsection (6); or
5463	2.  Any changes made by the local government to the
5464	comprehensive plan or plan amendment as adopted.
5465	(c)1.  During the time period provided for in this
5466	subsection, the state land planning agency shall issue, through
5467	a senior administrator or the secretary, as specified in the
5468	agency's procedural rules, a notice of intent to find that the
5469	plan or plan amendment is in compliance or not in compliance. A
5470	notice of intent shall be issued by publication in the manner
5471	provided by this paragraph and by mailing a copy to the local
5472	government. The advertisement shall be placed in that portion of
5473	the newspaper where legal notices appear. The advertisement
5474	shall be published in a newspaper that meets the size and
5475	circulation requirements set forth in paragraph (15)(e) and that
5476	has been designated in writing by the affected local government
5477	at the time of transmittal of the amendment. Publication by the
5478	state land planning agency of a notice of intent in the
5479	newspaper designated by the local government shall be prima
5480	facie evidence of compliance with the publication requirements
5481	of this section. The state land planning agency shall post a
5482	copy of the notice of intent on the agency's Internet site. The
5483	agency shall, no later than the date the notice of intent is
5484	transmitted to the newspaper, send by regular mail a courtesy
5485	informational statement to persons who provide their names and
5486	addresses to the local government at the transmittal hearing or
5487	at the adoption hearing where the local government has provided
5488	the names and addresses of such persons to the department at the
5489	time of transmittal of the adopted amendment. The informational
5490	statements shall include the name of the newspaper in which the
5491	notice of intent will appear, the approximate date of
5492	publication, the ordinance number of the plan or plan amendment,
5493	and a statement that affected persons have 21 days after the
5494	actual date of publication of the notice to file a petition.
5495	2.  A local government that has an Internet site shall post
5496	a copy of the state land planning agency's notice of intent on
5497	the site within 5 days after receipt of the mailed copy of the
5498	agency's notice of intent.
5499	(9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5500	(a)  If the state land planning agency issues a notice of
5501	intent to find that the comprehensive plan or plan amendment
5502	transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5503	or s. 163.3191 is in compliance with this act, any affected
5504	person may file a petition with the agency pursuant to ss.
5505	120.569 and 120.57 within 21 days after the publication of
5506	notice. In this proceeding, the local plan or plan amendment
5507	shall be determined to be in compliance if the local
5508	government's determination of compliance is fairly debatable.
5509	(b)  The hearing shall be conducted by an administrative
5510	law judge of the Division of Administrative Hearings of the
5511	Department of Management Services, who shall hold the hearing in
5512	the county of and convenient to the affected local jurisdiction
5513	and submit a recommended order to the state land planning
5514	agency. The state land planning agency shall allow for the
5515	filing of exceptions to the recommended order and shall issue a
5516	final order after receipt of the recommended order if the state
5517	land planning agency determines that the plan or plan amendment
5518	is in compliance. If the state land planning agency determines
5519	that the plan or plan amendment is not in compliance, the agency
5520	shall submit the recommended order to the Administration
5521	Commission for final agency action.
5522	(10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5523	COMPLIANCE.-
5524	(a)  If the state land planning agency issues a notice of
5525	intent to find the comprehensive plan or plan amendment not in
5526	compliance with this act, the notice of intent shall be
5527	forwarded to the Division of Administrative Hearings of the
5528	Department of Management Services, which shall conduct a
5529	proceeding under ss. 120.569 and 120.57 in the county of and
5530	convenient to the affected local jurisdiction. The parties to
5531	the proceeding shall be the state land planning agency, the
5532	affected local government, and any affected person who
5533	intervenes. No new issue may be alleged as a reason to find a
5534	plan or plan amendment not in compliance in an administrative
5535	pleading filed more than 21 days after publication of notice
5536	unless the party seeking that issue establishes good cause for
5537	not alleging the issue within that time period. Good cause shall
5538	not include excusable neglect. In the proceeding, the local
5539	government's determination that the comprehensive plan or plan
5540	amendment is in compliance is presumed to be correct. The local
5541	government's determination shall be sustained unless it is shown
5542	by a preponderance of the evidence that the comprehensive plan
5543	or plan amendment is not in compliance. The local government's
5544	determination that elements of its plans are related to and
5545	consistent with each other shall be sustained if the
5546	determination is fairly debatable.
5547	(b)  The administrative law judge assigned by the division
5548	shall submit a recommended order to the Administration
5549	Commission for final agency action.
5550	(c)  Prior to the hearing, the state land planning agency
5551	shall afford an opportunity to mediate or otherwise resolve the
5552	dispute. If a party to the proceeding requests mediation or
5553	other alternative dispute resolution, the hearing may not be
5554	held until the state land planning agency advises the
5555	administrative law judge in writing of the results of the
5556	mediation or other alternative dispute resolution. However, the
5557	hearing may not be delayed for longer than 90 days for mediation
5558	or other alternative dispute resolution unless a longer delay is
5559	agreed to by the parties to the proceeding. The costs of the
5560	mediation or other alternative dispute resolution shall be borne
5561	equally by all of the parties to the proceeding.
5562	(8)(11)  ADMINISTRATION COMMISSION.-
5563	(a)  If the Administration Commission, upon a hearing
5564	pursuant to subsection (5)(9) or subsection (10), finds that the
5565	comprehensive plan or plan amendment is not in compliance with
5566	this act, the commission shall specify remedial actions that
5567	which would bring the comprehensive plan or plan amendment into
5568	compliance.
5569	(b)  The commission may specify the sanctions provided in
5570	subparagraphs 1. and 2. to which the local government will be
5571	subject if it elects to make the amendment effective
5572	notwithstanding the determination of noncompliance.
5573	1.  The commission may direct state agencies not to provide
5574	funds to increase the capacity of roads, bridges, or water and
5575	sewer systems within the boundaries of those local governmental
5576	entities which have comprehensive plans or plan elements that
5577	are determined not to be in compliance. The commission order may
5578	also specify that the local government is shall not be eligible
5579	for grants administered under the following programs:
5580	a.1.  The Florida Small Cities Community Development Block
5581	Grant Program, as authorized by ss. 290.0401-290.049.
5582	b.2.  The Florida Recreation Development Assistance
5583	Program, as authorized by chapter 375.
5584	c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5585	218.61 and chapter 212, to the extent not pledged to pay back
5586	bonds.
5587	2.(b)  If the local government is one which is required to
5588	include a coastal management element in its comprehensive plan
5589	pursuant to s. 163.3177(6)(g), the commission order may also
5590	specify that the local government is not eligible for funding
5591	pursuant to s. 161.091. The commission order may also specify
5592	that the fact that the coastal management element has been
5593	determined to be not in compliance shall be a consideration when
5594	the department considers permits under s. 161.053 and when the
5595	Board of Trustees of the Internal Improvement Trust Fund
5596	considers whether to sell, convey any interest in, or lease any
5597	sovereignty lands or submerged lands until the element is
5598	brought into compliance.
5599	3.(c)  The sanctions provided by subparagraphs 1. and 2. do
5600	paragraphs (a) and (b) shall not apply to a local government
5601	regarding any plan amendment, except for plan amendments that
5602	amend plans that have not been finally determined to be in
5603	compliance with this part, and except as provided in paragraph
5604	(b) s. 163.3189(2) or s. 163.3191(11).
5605	(9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5606	party constitutes a certificate that he or she has read the
5607	pleading, motion, or other paper and that, to the best of his or
5608	her knowledge, information, and belief formed after reasonable
5609	inquiry, it is not interposed for any improper purpose, such as
5610	to harass or to cause unnecessary delay, or for economic
5611	advantage, competitive reasons, or frivolous purposes or
5612	needless increase in the cost of litigation. If a pleading,
5613	motion, or other paper is signed in violation of these
5614	requirements, the administrative law judge, upon motion or his
5615	or her own initiative, shall impose upon the person who signed
5616	it, a represented party, or both, an appropriate sanction, which
5617	may include an order to pay to the other party or parties the
5618	amount of reasonable expenses incurred because of the filing of
5619	the pleading, motion, or other paper, including a reasonable
5620	attorney's fee.
5621	(10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5622	section shall be the sole proceeding or action for a
5623	determination of whether a local government's plan, element, or
5624	amendment is in compliance with this act.
5625	(14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5626	government comprehensive plan or plan amendment which is
5627	applicable to a designated area of critical state concern shall
5628	be effective until a final order is issued finding the plan or
5629	amendment to be in compliance as defined in this section.
5630	(11)(15)  PUBLIC HEARINGS.-
5631	(a)  The procedure for transmittal of a complete proposed
5632	comprehensive plan or plan amendment pursuant to subparagraph
5633	subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
5634	comprehensive plan or plan amendment pursuant to
5635	subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5636	affirmative vote of not less than a majority of the members of
5637	the governing body present at the hearing. The adoption of a
5638	comprehensive plan or plan amendment shall be by ordinance. For
5639	the purposes of transmitting or adopting a comprehensive plan or
5640	plan amendment, the notice requirements in chapters 125 and 166
5641	are superseded by this subsection, except as provided in this
5642	part.
5643	(b)  The local governing body shall hold at least two
5644	advertised public hearings on the proposed comprehensive plan or
5645	plan amendment as follows:
5646	1.  The first public hearing shall be held at the
5647	transmittal stage pursuant to subsection (3). It shall be held
5648	on a weekday at least 7 days after the day that the first
5649	advertisement is published pursuant to the requirements of
5650	chapter 125 or chapter 166.
5651	2.  The second public hearing shall be held at the adoption
5652	stage pursuant to subsection (7). It shall be held on a weekday
5653	at least 5 days after the day that the second advertisement is
5654	published pursuant to the requirements of chapter 125 or chapter
5655	166.
5656	(c)  Nothing in this part is intended to prohibit or limit
5657	the authority of local governments to require a person
5658	requesting an amendment to pay some or all of the cost of the
5659	public notice.
5660	(12) CONCURRENT ZONING.-At the request of an applicant, a
5661	local government shall consider an application for zoning
5662	changes that would be required to properly enact any proposed
5663	plan amendment transmitted pursuant to this subsection. Zoning
5664	changes approved by the local government are contingent upon the
5665	comprehensive plan or plan amendment transmitted becoming
5666	effective.
5667	(13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5668	government comprehensive plan or plan amendment that is
5669	applicable to a designated area of critical state concern shall
5670	be effective until a final order is issued finding the plan or
5671	amendment to be in compliance as defined in paragraph (1)(b).
5672	(c)  The local government shall provide a sign-in form at
5673	the transmittal hearing and at the adoption hearing for persons
5674	to provide their names and mailing addresses. The sign-in form
5675	must advise that any person providing the requested information
5676	will receive a courtesy informational statement concerning
5677	publications of the state land planning agency's notice of
5678	intent. The local government shall add to the sign-in form the
5679	name and address of any person who submits written comments
5680	concerning the proposed plan or plan amendment during the time
5681	period between the commencement of the transmittal hearing and
5682	the end of the adoption hearing. It is the responsibility of the
5683	person completing the form or providing written comments to
5684	accurately, completely, and legibly provide all information
5685	needed in order to receive the courtesy informational statement.
5686	(d)  The agency shall provide a model sign-in form for
5687	providing the list to the agency which may be used by the local
5688	government to satisfy the requirements of this subsection.
5689	(e)  If the proposed comprehensive plan or plan amendment
5690	changes the actual list of permitted, conditional, or prohibited
5691	uses within a future land use category or changes the actual
5692	future land use map designation of a parcel or parcels of land,
5693	the required advertisements shall be in the format prescribed by
5694	s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5695	municipality.
5696	(16)  COMPLIANCE AGREEMENTS.-
5697	(a)  At any time following the issuance of a notice of
5698	intent to find a comprehensive plan or plan amendment not in
5699	compliance with this part or after the initiation of a hearing
5700	pursuant to subsection (9), the state land planning agency and
5701	the local government may voluntarily enter into a compliance
5702	agreement to resolve one or more of the issues raised in the
5703	proceedings. Affected persons who have initiated a formal
5704	proceeding or have intervened in a formal proceeding may also
5705	enter into the compliance agreement. All parties granted
5706	intervenor status shall be provided reasonable notice of the
5707	commencement of a compliance agreement negotiation process and a
5708	reasonable opportunity to participate in such negotiation
5709	process. Negotiation meetings with local governments or
5710	intervenors shall be open to the public. The state land planning
5711	agency shall provide each party granted intervenor status with a
5712	copy of the compliance agreement within 10 days after the
5713	agreement is executed. The compliance agreement shall list each
5714	portion of the plan or plan amendment which is not in
5715	compliance, and shall specify remedial actions which the local
5716	government must complete within a specified time in order to
5717	bring the plan or plan amendment into compliance, including
5718	adoption of all necessary plan amendments. The compliance
5719	agreement may also establish monitoring requirements and
5720	incentives to ensure that the conditions of the compliance
5721	agreement are met.
5722	(b)  Upon filing by the state land planning agency of a
5723	compliance agreement executed by the agency and the local
5724	government with the Division of Administrative Hearings, any
5725	administrative proceeding under ss. 120.569 and 120.57 regarding
5726	the plan or plan amendment covered by the compliance agreement
5727	shall be stayed.
5728	(c)  Prior to its execution of a compliance agreement, the
5729	local government must approve the compliance agreement at a
5730	public hearing advertised at least 10 days before the public
5731	hearing in a newspaper of general circulation in the area in
5732	accordance with the advertisement requirements of subsection
5733	(15).
5734	(d)  A local government may adopt a plan amendment pursuant
5735	to a compliance agreement in accordance with the requirements of
5736	paragraph (15)(a). The plan amendment shall be exempt from the
5737	requirements of subsections (2)-(7). The local government shall
5738	hold a single adoption public hearing pursuant to the
5739	requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5740	Within 10 working days after adoption of a plan amendment, the
5741	local government shall transmit the amendment to the state land
5742	planning agency as specified in the agency's procedural rules,
5743	and shall submit one copy to the regional planning agency and to
5744	any other unit of local government or government agency in the
5745	state that has filed a written request with the governing body
5746	for a copy of the plan amendment, and one copy to any party to
5747	the proceeding under ss. 120.569 and 120.57 granted intervenor
5748	status.
5749	(e)  The state land planning agency, upon receipt of a plan
5750	amendment adopted pursuant to a compliance agreement, shall
5751	issue a cumulative notice of intent addressing both the
5752	compliance agreement amendment and the plan or plan amendment
5753	that was the subject of the agreement, in accordance with
5754	subsection (8).
5755	(f)1.  If the local government adopts a comprehensive plan
5756	amendment pursuant to a compliance agreement and a notice of
5757	intent to find the plan amendment in compliance is issued, the
5758	state land planning agency shall forward the notice of intent to
5759	the Division of Administrative Hearings and the administrative
5760	law judge shall realign the parties in the pending proceeding
5761	under ss. 120.569 and 120.57, which shall thereafter be governed
5762	by the process contained in paragraphs (9)(a) and (b), including
5763	provisions relating to challenges by an affected person, burden
5764	of proof, and issues of a recommended order and a final order,
5765	except as provided in subparagraph 2. Parties to the original
5766	proceeding at the time of realignment may continue as parties
5767	without being required to file additional pleadings to initiate
5768	a proceeding, but may timely amend their pleadings to raise any
5769	challenge to the amendment which is the subject of the
5770	cumulative notice of intent, and must otherwise conform to the
5771	rules of procedure of the Division of Administrative Hearings.
5772	Any affected person not a party to the realigned proceeding may
5773	challenge the plan amendment which is the subject of the
5774	cumulative notice of intent by filing a petition with the agency
5775	as provided in subsection (9). The agency shall forward the
5776	petition filed by the affected person not a party to the
5777	realigned proceeding to the Division of Administrative Hearings
5778	for consolidation with the realigned proceeding.
5779	2.  If any of the issues raised by the state land planning
5780	agency in the original subsection (10) proceeding are not
5781	resolved by the compliance agreement amendments, any intervenor
5782	in the original subsection (10) proceeding may require those
5783	issues to be addressed in the pending consolidated realigned
5784	proceeding under ss. 120.569 and 120.57. As to those unresolved
5785	issues, the burden of proof shall be governed by subsection
5786	(10).
5787	3.  If the local government adopts a comprehensive plan
5788	amendment pursuant to a compliance agreement and a notice of
5789	intent to find the plan amendment not in compliance is issued,
5790	the state land planning agency shall forward the notice of
5791	intent to the Division of Administrative Hearings, which shall
5792	consolidate the proceeding with the pending proceeding and
5793	immediately set a date for hearing in the pending proceeding
5794	under ss. 120.569 and 120.57. Affected persons who are not a
5795	party to the underlying proceeding under ss. 120.569 and 120.57
5796	may challenge the plan amendment adopted pursuant to the
5797	compliance agreement by filing a petition pursuant to subsection
5798	(10).
5799	(g)  If the local government fails to adopt a comprehensive
5800	plan amendment pursuant to a compliance agreement, the state
5801	land planning agency shall notify the Division of Administrative
5802	Hearings, which shall set the hearing in the pending proceeding
5803	under ss. 120.569 and 120.57 at the earliest convenient time.
5804	(h)  This subsection does not prohibit a local government
5805	from amending portions of its comprehensive plan other than
5806	those which are the subject of the compliance agreement.
5807	However, such amendments to the plan may not be inconsistent
5808	with the compliance agreement.
5809	(i)  Nothing in this subsection is intended to limit the
5810	parties from entering into a compliance agreement at any time
5811	before the final order in the proceeding is issued, provided
5812	that the provisions of paragraph (c) shall apply regardless of
5813	when the compliance agreement is reached.
5814	(j)  Nothing in this subsection is intended to force any
5815	party into settlement against its will or to preclude the use of
5816	other informal dispute resolution methods, such as the services
5817	offered by the Florida Growth Management Dispute Resolution
5818	Consortium, in the course of or in addition to the method
5819	described in this subsection.
5820	(17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5821	A local government that has adopted a community vision and urban
5822	service boundary under s. 163.3177(13) and (14) may adopt a plan
5823	amendment related to map amendments solely to property within an
5824	urban service boundary in the manner described in subsections
5825	(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5826	and e., 2., and 3., such that state and regional agency review
5827	is eliminated. The department may not issue an objections,
5828	recommendations, and comments report on proposed plan amendments
5829	or a notice of intent on adopted plan amendments; however,
5830	affected persons, as defined by paragraph (1)(a), may file a
5831	petition for administrative review pursuant to the requirements
5832	of s. 163.3187(3)(a) to challenge the compliance of an adopted
5833	plan amendment. This subsection does not apply to any amendment
5834	within an area of critical state concern, to any amendment that
5835	increases residential densities allowable in high-hazard coastal
5836	areas as defined in s. 163.3178(2)(h), or to a text change to
5837	the goals, policies, or objectives of the local government's
5838	comprehensive plan. Amendments submitted under this subsection
5839	are exempt from the limitation on the frequency of plan
5840	amendments in s. 163.3187.
5841	(18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5842	municipality that has a designated urban infill and
5843	redevelopment area under s. 163.2517 may adopt a plan amendment
5844	related to map amendments solely to property within a designated
5845	urban infill and redevelopment area in the manner described in
5846	subsections (1), (2), (7), (14), (15), and (16) and s.
5847	163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5848	regional agency review is eliminated. The department may not
5849	issue an objections, recommendations, and comments report on
5850	proposed plan amendments or a notice of intent on adopted plan
5851	amendments; however, affected persons, as defined by paragraph
5852	(1)(a), may file a petition for administrative review pursuant
5853	to the requirements of s. 163.3187(3)(a) to challenge the
5854	compliance of an adopted plan amendment. This subsection does
5855	not apply to any amendment within an area of critical state
5856	concern, to any amendment that increases residential densities
5857	allowable in high-hazard coastal areas as defined in s.
5858	163.3178(2)(h), or to a text change to the goals, policies, or
5859	objectives of the local government's comprehensive plan.
5860	Amendments submitted under this subsection are exempt from the
5861	limitation on the frequency of plan amendments in s. 163.3187.
5862	(19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5863	government that identifies in its comprehensive plan the types
5864	of housing developments and conditions for which it will
5865	consider plan amendments that are consistent with the local
5866	housing incentive strategies identified in s. 420.9076 and
5867	authorized by the local government may expedite consideration of
5868	such plan amendments. At least 30 days prior to adopting a plan
5869	amendment pursuant to this subsection, the local government
5870	shall notify the state land planning agency of its intent to
5871	adopt such an amendment, and the notice shall include the local
5872	government's evaluation of site suitability and availability of
5873	facilities and services. A plan amendment considered under this
5874	subsection shall require only a single public hearing before the
5875	local governing body, which shall be a plan amendment adoption
5876	hearing as described in subsection (7). The public notice of the
5877	hearing required under subparagraph (15)(b)2. must include a
5878	statement that the local government intends to use the expedited
5879	adoption process authorized under this subsection. The state
5880	land planning agency shall issue its notice of intent required
5881	under subsection (8) within 30 days after determining that the
5882	amendment package is complete. Any further proceedings shall be
5883	governed by subsections (9)-(16).
5884	Section 18.  Section 163.3187, Florida Statutes, is amended
5885	to read:
5886	163.3187  Process for adoption of small-scale comprehensive
5887	plan amendment of adopted comprehensive plan.-
5888	(1)  Amendments to comprehensive plans adopted pursuant to
5889	this part may be made not more than two times during any
5890	calendar year, except:
5891	(a)  In the case of an emergency, comprehensive plan
5892	amendments may be made more often than twice during the calendar
5893	year if the additional plan amendment receives the approval of
5894	all of the members of the governing body. "Emergency" means any
5895	occurrence or threat thereof whether accidental or natural,
5896	caused by humankind, in war or peace, which results or may
5897	result in substantial injury or harm to the population or
5898	substantial damage to or loss of property or public funds.
5899	(b)  Any local government comprehensive plan amendments
5900	directly related to a proposed development of regional impact,
5901	including changes which have been determined to be substantial
5902	deviations and including Florida Quality Developments pursuant
5903	to s. 380.061, may be initiated by a local planning agency and
5904	considered by the local governing body at the same time as the
5905	application for development approval using the procedures
5906	provided for local plan amendment in this section and applicable
5907	local ordinances.
5908	(1)(c)  Any local government comprehensive plan amendments
5909	directly related to proposed small scale development activities
5910	may be approved without regard to statutory limits on the
5911	frequency of consideration of amendments to the local
5912	comprehensive plan. A small scale development amendment may be
5913	adopted only under the following conditions:
5914	(a)1.  The proposed amendment involves a use of 10 acres or
5915	fewer and:
5916	(b)a.  The cumulative annual effect of the acreage for all
5917	small scale development amendments adopted by the local
5918	government does shall not exceed:
5919	(I)  a maximum of 120 acres in a calendar year. local
5920	government that contains areas specifically designated in the
5921	local comprehensive plan for urban infill, urban redevelopment,
5922	or downtown revitalization as defined in s. 163.3164, urban
5923	infill and redevelopment areas designated under s. 163.2517,
5924	transportation concurrency exception areas approved pursuant to
5925	s. 163.3180(5), or regional activity centers and urban central
5926	business districts approved pursuant to s. 380.06(2)(e);
5927	however, amendments under this paragraph may be applied to no
5928	more than 60 acres annually of property outside the designated
5929	areas listed in this sub-sub-subparagraph. Amendments adopted
5930	pursuant to paragraph (k) shall not be counted toward the
5931	acreage limitations for small scale amendments under this
5932	paragraph.
5933	(II)  A maximum of 80 acres in a local government that does
5934	not contain any of the designated areas set forth in sub-sub-
5935	subparagraph (I).
5936	(III)  A maximum of 120 acres in a county established
5937	pursuant to s. 9, Art. VIII of the State Constitution.
5938	b.  The proposed amendment does not involve the same
5939	property granted a change within the prior 12 months.
5940	c.  The proposed amendment does not involve the same
5941	owner's property within 200 feet of property granted a change
5942	within the prior 12 months.
5943	(c)d.  The proposed amendment does not involve a text
5944	change to the goals, policies, and objectives of the local
5945	government's comprehensive plan, but only proposes a land use
5946	change to the future land use map for a site-specific small
5947	scale development activity. However, text changes that relate
5948	directly to, and are adopted simultaneously with, the small
5949	scale future land use map amendment shall be permissible under
5950	this section.
5951	(d)e.  The property that is the subject of the proposed
5952	amendment is not located within an area of critical state
5953	concern, unless the project subject to the proposed amendment
5954	involves the construction of affordable housing units meeting
5955	the criteria of s. 420.0004(3), and is located within an area of
5956	critical state concern designated by s. 380.0552 or by the
5957	Administration Commission pursuant to s. 380.05(1). Such
5958	amendment is not subject to the density limitations of sub-
5959	subparagraph f., and shall be reviewed by the state land
5960	planning agency for consistency with the principles for guiding
5961	development applicable to the area of critical state concern
5962	where the amendment is located and shall not become effective
5963	until a final order is issued under s. 380.05(6).
5964	f.  If the proposed amendment involves a residential land
5965	use, the residential land use has a density of 10 units or less
5966	per acre or the proposed future land use category allows a
5967	maximum residential density of the same or less than the maximum
5968	residential density allowable under the existing future land use
5969	category, except that this limitation does not apply to small
5970	scale amendments involving the construction of affordable
5971	housing units meeting the criteria of s. 420.0004(3) on property
5972	which will be the subject of a land use restriction agreement,
5973	or small scale amendments described in sub-sub-subparagraph
5974	a.(I) that are designated in the local comprehensive plan for
5975	urban infill, urban redevelopment, or downtown revitalization as
5976	defined in s. 163.3164, urban infill and redevelopment areas
5977	designated under s. 163.2517, transportation concurrency
5978	exception areas approved pursuant to s. 163.3180(5), or regional
5979	activity centers and urban central business districts approved
5980	pursuant to s. 380.06(2)(e).
5981	2.a.  A local government that proposes to consider a plan
5982	amendment pursuant to this paragraph is not required to comply
5983	with the procedures and public notice requirements of s.
5984	163.3184(15)(c) for such plan amendments if the local government
5985	complies with the provisions in s. 125.66(4)(a) for a county or
5986	in s. 166.041(3)(c) for a municipality. If a request for a plan
5987	amendment under this paragraph is initiated by other than the
5988	local government, public notice is required.
5989	b.  The local government shall send copies of the notice
5990	and amendment to the state land planning agency, the regional
5991	planning council, and any other person or entity requesting a
5992	copy. This information shall also include a statement
5993	identifying any property subject to the amendment that is
5994	located within a coastal high-hazard area as identified in the
5995	local comprehensive plan.
5996	(2)3.  Small scale development amendments adopted pursuant
5997	to this section paragraph require only one public hearing before
5998	the governing board, which shall be an adoption hearing as
5999	described in s. 163.3184(11)(7), and are not subject to the
6000	requirements of s. 163.3184(3)-(6) unless the local government
6001	elects to have them subject to those requirements.
6002	(3)4.  If the small scale development amendment involves a
6003	site within an area that is designated by the Governor as a
6004	rural area of critical economic concern as defined under s.
6005	288.0656(2)(d)(7) for the duration of such designation, the 10-
6006	acre limit listed in subsection (1) subparagraph 1. shall be
6007	increased by 100 percent to 20 acres. The local government
6008	approving the small scale plan amendment shall certify to the
6009	Office of Tourism, Trade, and Economic Development that the plan
6010	amendment furthers the economic objectives set forth in the
6011	executive order issued under s. 288.0656(7), and the property
6012	subject to the plan amendment shall undergo public review to
6013	ensure that all concurrency requirements and federal, state, and
6014	local environmental permit requirements are met.
6015	(d)  Any comprehensive plan amendment required by a
6016	compliance agreement pursuant to s. 163.3184(16) may be approved
6017	without regard to statutory limits on the frequency of adoption
6018	of amendments to the comprehensive plan.
6019	(e)  A comprehensive plan amendment for location of a state
6020	correctional facility. Such an amendment may be made at any time
6021	and does not count toward the limitation on the frequency of
6022	plan amendments.
6023	(f)  The capital improvements element annual update
6024	required in s. 163.3177(3)(b)1. and any amendments directly
6025	related to the schedule.
6026	(g)  Any local government comprehensive plan amendments
6027	directly related to proposed redevelopment of brownfield areas
6028	designated under s. 376.80 may be approved without regard to
6029	statutory limits on the frequency of consideration of amendments
6030	to the local comprehensive plan.
6031	(h)  Any comprehensive plan amendments for port
6032	transportation facilities and projects that are eligible for
6033	funding by the Florida Seaport Transportation and Economic
6034	Development Council pursuant to s. 311.07.
6035	(i)  A comprehensive plan amendment for the purpose of
6036	designating an urban infill and redevelopment area under s.
6037	163.2517 may be approved without regard to the statutory limits
6038	on the frequency of amendments to the comprehensive plan.
6039	(j)  Any comprehensive plan amendment to establish public
6040	school concurrency pursuant to s. 163.3180(13), including, but
6041	not limited to, adoption of a public school facilities element
6042	and adoption of amendments to the capital improvements element
6043	and intergovernmental coordination element. In order to ensure
6044	the consistency of local government public school facilities
6045	elements within a county, such elements shall be prepared and
6046	adopted on a similar time schedule.
6047	(k)  A local comprehensive plan amendment directly related
6048	to providing transportation improvements to enhance life safety
6049	on Controlled Access Major Arterial Highways identified in the
6050	Florida Intrastate Highway System, in counties as defined in s.
6051	125.011, where such roadways have a high incidence of traffic
6052	accidents resulting in serious injury or death. Any such
6053	amendment shall not include any amendment modifying the
6054	designation on a comprehensive development plan land use map nor
6055	any amendment modifying the allowable densities or intensities
6056	of any land.
6057	(l)  A comprehensive plan amendment to adopt a public
6058	educational facilities element pursuant to s. 163.3177(12) and
6059	future land-use-map amendments for school siting may be approved
6060	notwithstanding statutory limits on the frequency of adopting
6061	plan amendments.
6062	(m)  A comprehensive plan amendment that addresses criteria
6063	or compatibility of land uses adjacent to or in close proximity
6064	to military installations in a local government's future land
6065	use element does not count toward the limitation on the
6066	frequency of the plan amendments.
6067	(n)  Any local government comprehensive plan amendment
6068	establishing or implementing a rural land stewardship area
6069	pursuant to the provisions of s. 163.3177(11)(d).
6070	(o)  A comprehensive plan amendment that is submitted by an
6071	area designated by the Governor as a rural area of critical
6072	economic concern under s. 288.0656(7) and that meets the
6073	economic development objectives may be approved without regard
6074	to the statutory limits on the frequency of adoption of
6075	amendments to the comprehensive plan.
6076	(p)  Any local government comprehensive plan amendment that
6077	is consistent with the local housing incentive strategies
6078	identified in s. 420.9076 and authorized by the local
6079	government.
6080	(q)  Any local government plan amendment to designate an
6081	urban service area as a transportation concurrency exception
6082	area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
6083	development-of-regional-impact process under s. 380.06(29).
6084	(4)(2)  Comprehensive plans may only be amended in such a
6085	way as to preserve the internal consistency of the plan pursuant
6086	to s. 163.3177(2). Corrections, updates, or modifications of
6087	current costs which were set out as part of the comprehensive
6088	plan shall not, for the purposes of this act, be deemed to be
6089	amendments.
6090	(3)(a)  The state land planning agency shall not review or
6091	issue a notice of intent for small scale development amendments
6092	which satisfy the requirements of paragraph (1)(c).
6093	(5)(a)  Any affected person may file a petition with the
6094	Division of Administrative Hearings pursuant to ss. 120.569 and
6095	120.57 to request a hearing to challenge the compliance of a
6096	small scale development amendment with this act within 30 days
6097	following the local government's adoption of the amendment and,
6098	shall serve a copy of the petition on the local government, and
6099	shall furnish a copy to the state land planning agency. An
6100	administrative law judge shall hold a hearing in the affected
6101	jurisdiction not less than 30 days nor more than 60 days
6102	following the filing of a petition and the assignment of an
6103	administrative law judge. The parties to a hearing held pursuant
6104	to this subsection shall be the petitioner, the local
6105	government, and any intervenor. In the proceeding, the plan
6106	amendment shall be determined to be in compliance if the local
6107	government's determination that the small scale development
6108	amendment is in compliance is fairly debatable presumed to be
6109	correct. The local government's determination shall be sustained
6110	unless it is shown by a preponderance of the evidence that the
6111	amendment is not in compliance with the requirements of this
6112	act. In any proceeding initiated pursuant to this subsection,
6113	The state land planning agency may not intervene in any
6114	proceeding initiated pursuant to this section.
6115	(b)1.  If the administrative law judge recommends that the
6116	small scale development amendment be found not in compliance,
6117	the administrative law judge shall submit the recommended order
6118	to the Administration Commission for final agency action. If the
6119	administrative law judge recommends that the small scale
6120	development amendment be found in compliance, the administrative
6121	law judge shall submit the recommended order to the state land
6122	planning agency.
6123	2.  If the state land planning agency determines that the
6124	plan amendment is not in compliance, the agency shall submit,
6125	within 30 days following its receipt, the recommended order to
6126	the Administration Commission for final agency action. If the
6127	state land planning agency determines that the plan amendment is
6128	in compliance, the agency shall enter a final order within 30
6129	days following its receipt of the recommended order.
6130	(c)  Small scale development amendments may shall not
6131	become effective until 31 days after adoption. If challenged
6132	within 30 days after adoption, small scale development
6133	amendments may shall not become effective until the state land
6134	planning agency or the Administration Commission, respectively,
6135	issues a final order determining that the adopted small scale
6136	development amendment is in compliance.
6137	(d)  In all challenges under this subsection, when a
6138	determination of compliance as defined in s. 163.3184(1)(b) is
6139	made, consideration shall be given to the plan amendment as a
6140	whole and whether the plan amendment furthers the intent of this
6141	part.
6142	(4)  Each governing body shall transmit to the state land
6143	planning agency a current copy of its comprehensive plan not
6144	later than December 1, 1985. Each governing body shall also
6145	transmit copies of any amendments it adopts to its comprehensive
6146	plan so as to continually update the plans on file with the
6147	state land planning agency.
6148	(5)  Nothing in this part is intended to prohibit or limit
6149	the authority of local governments to require that a person
6150	requesting an amendment pay some or all of the cost of public
6151	notice.
6152	(6)(a)  No local government may amend its comprehensive
6153	plan after the date established by the state land planning
6154	agency for adoption of its evaluation and appraisal report
6155	unless it has submitted its report or addendum to the state land
6156	planning agency as prescribed by s. 163.3191, except for plan
6157	amendments described in paragraph (1)(b) or paragraph (1)(h).
6158	(b)  A local government may amend its comprehensive plan
6159	after it has submitted its adopted evaluation and appraisal
6160	report and for a period of 1 year after the initial
6161	determination of sufficiency regardless of whether the report
6162	has been determined to be insufficient.
6163	(c)  A local government may not amend its comprehensive
6164	plan, except for plan amendments described in paragraph (1)(b),
6165	if the 1-year period after the initial sufficiency determination
6166	of the report has expired and the report has not been determined
6167	to be sufficient.
6168	(d)  When the state land planning agency has determined
6169	that the report has sufficiently addressed all pertinent
6170	provisions of s. 163.3191, the local government may amend its
6171	comprehensive plan without the limitations imposed by paragraph
6172	(a) or paragraph (c).
6173	(e)  Any plan amendment which a local government attempts
6174	to adopt in violation of paragraph (a) or paragraph (c) is
6175	invalid, but such invalidity may be overcome if the local
6176	government readopts the amendment and transmits the amendment to
6177	the state land planning agency pursuant to s. 163.3184(7) after
6178	the report is determined to be sufficient.
6179	Section 19.  Section 163.3189, Florida Statutes, is
6180	repealed.
6181	Section 20.  Section 163.3191, Florida Statutes, is amended
6182	to read:
6183	163.3191  Evaluation and appraisal of comprehensive plan.-
6184	(1)  At least once every 7 years, each local government
6185	shall evaluate its comprehensive plan to determine if plan
6186	amendments are necessary to reflect changes in state
6187	requirements in this part since the last update of the
6188	comprehensive plan, and notify the state land planning agency as
6189	to its determination.
6190	(2)  If the local government determines amendments to its
6191	comprehensive plan are necessary to reflect changes in state
6192	requirements, the local government shall prepare and transmit
6193	within 1 year such plan amendment or amendments for review
6194	pursuant to s. 163.3184.
6195	(3)  Local governments are encouraged to comprehensively
6196	evaluate and, as necessary, update comprehensive plans to
6197	reflect changes in local conditions. Plan amendments transmitted
6198	pursuant to this section shall be reviewed in accordance with s.
6199	163.3184.
6200	(4)  If a local government fails to submit its letter
6201	prescribed by subsection (1) or update its plan pursuant to
6202	subsection (2), it may not amend its comprehensive plan until
6203	such time as it complies with this section.
6204	(1)  The planning program shall be a continuous and ongoing
6205	process. Each local government shall adopt an evaluation and
6206	appraisal report once every 7 years assessing the progress in
6207	implementing the local government's comprehensive plan.
6208	Furthermore, it is the intent of this section that:
6209	(a)  Adopted comprehensive plans be reviewed through such
6210	evaluation process to respond to changes in state, regional, and
6211	local policies on planning and growth management and changing
6212	conditions and trends, to ensure effective intergovernmental
6213	coordination, and to identify major issues regarding the
6214	community's achievement of its goals.
6215	(b)  After completion of the initial evaluation and
6216	appraisal report and any supporting plan amendments, each
6217	subsequent evaluation and appraisal report must evaluate the
6218	comprehensive plan in effect at the time of the initiation of
6219	the evaluation and appraisal report process.
6220	(c)  Local governments identify the major issues, if
6221	applicable, with input from state agencies, regional agencies,
6222	adjacent local governments, and the public in the evaluation and
6223	appraisal report process. It is also the intent of this section
6224	to establish minimum requirements for information to ensure
6225	predictability, certainty, and integrity in the growth
6226	management process. The report is intended to serve as a summary
6227	audit of the actions that a local government has undertaken and
6228	identify changes that it may need to make. The report should be
6229	based on the local government's analysis of major issues to
6230	further the community's goals consistent with statewide minimum
6231	standards. The report is not intended to require a comprehensive
6232	rewrite of the elements within the local plan, unless a local
6233	government chooses to do so.
6234	(2)  The report shall present an evaluation and assessment
6235	of the comprehensive plan and shall contain appropriate
6236	statements to update the comprehensive plan, including, but not
6237	limited to, words, maps, illustrations, or other media, related
6238	to:
6239	(a)  Population growth and changes in land area, including
6240	annexation, since the adoption of the original plan or the most
6241	recent update amendments.
6242	(b)  The extent of vacant and developable land.
6243	(c)  The financial feasibility of implementing the
6244	comprehensive plan and of providing needed infrastructure to
6245	achieve and maintain adopted level-of-service standards and
6246	sustain concurrency management systems through the capital
6247	improvements element, as well as the ability to address
6248	infrastructure backlogs and meet the demands of growth on public
6249	services and facilities.
6250	(d)  The location of existing development in relation to
6251	the location of development as anticipated in the original plan,
6252	or in the plan as amended by the most recent evaluation and
6253	appraisal report update amendments, such as within areas
6254	designated for urban growth.
6255	(e)  An identification of the major issues for the
6256	jurisdiction and, where pertinent, the potential social,
6257	economic, and environmental impacts.
6258	(f)  Relevant changes to the state comprehensive plan, the
6259	requirements of this part, the minimum criteria contained in
6260	chapter 9J-5, Florida Administrative Code, and the appropriate
6261	strategic regional policy plan since the adoption of the
6262	original plan or the most recent evaluation and appraisal report
6263	update amendments.
6264	(g)  An assessment of whether the plan objectives within
6265	each element, as they relate to major issues, have been
6266	achieved. The report shall include, as appropriate, an
6267	identification as to whether unforeseen or unanticipated changes
6268	in circumstances have resulted in problems or opportunities with
6269	respect to major issues identified in each element and the
6270	social, economic, and environmental impacts of the issue.
6271	(h)  A brief assessment of successes and shortcomings
6272	related to each element of the plan.
6273	(i)  The identification of any actions or corrective
6274	measures, including whether plan amendments are anticipated to
6275	address the major issues identified and analyzed in the report.
6276	Such identification shall include, as appropriate, new
6277	population projections, new revised planning timeframes, a
6278	revised future conditions map or map series, an updated capital
6279	improvements element, and any new and revised goals, objectives,
6280	and policies for major issues identified within each element.
6281	This paragraph shall not require the submittal of the plan
6282	amendments with the evaluation and appraisal report.
6283	(j)  A summary of the public participation program and
6284	activities undertaken by the local government in preparing the
6285	report.
6286	(k)  The coordination of the comprehensive plan with
6287	existing public schools and those identified in the applicable
6288	educational facilities plan adopted pursuant to s. 1013.35. The
6289	assessment shall address, where relevant, the success or failure
6290	of the coordination of the future land use map and associated
6291	planned residential development with public schools and their
6292	capacities, as well as the joint decisionmaking processes
6293	engaged in by the local government and the school board in
6294	regard to establishing appropriate population projections and
6295	the planning and siting of public school facilities. For those
6296	counties or municipalities that do not have a public schools
6297	interlocal agreement or public school facilities element, the
6298	assessment shall determine whether the local government
6299	continues to meet the criteria of s. 163.3177(12). If the county
6300	or municipality determines that it no longer meets the criteria,
6301	it must adopt appropriate school concurrency goals, objectives,
6302	and policies in its plan amendments pursuant to the requirements
6303	of the public school facilities element, and enter into the
6304	existing interlocal agreement required by ss. 163.3177(6)(h)2.
6305	and 163.31777 in order to fully participate in the school
6306	concurrency system.
6307	(l)  The extent to which the local government has been
6308	successful in identifying alternative water supply projects and
6309	traditional water supply projects, including conservation and
6310	reuse, necessary to meet the water needs identified in s.
6311	373.709(2)(a) within the local government's jurisdiction. The
6312	report must evaluate the degree to which the local government
6313	has implemented the work plan for building public, private, and
6314	regional water supply facilities, including development of
6315	alternative water supplies, identified in the element as
6316	necessary to serve existing and new development.
6317	(m)  If any of the jurisdiction of the local government is
6318	located within the coastal high-hazard area, an evaluation of
6319	whether any past reduction in land use density impairs the
6320	property rights of current residents when redevelopment occurs,
6321	including, but not limited to, redevelopment following a natural
6322	disaster. The property rights of current residents shall be
6323	balanced with public safety considerations. The local government
6324	must identify strategies to address redevelopment feasibility
6325	and the property rights of affected residents. These strategies
6326	may include the authorization of redevelopment up to the actual
6327	built density in existence on the property prior to the natural
6328	disaster or redevelopment.
6329	(n)  An assessment of whether the criteria adopted pursuant
6330	to s. 163.3177(6)(a) were successful in achieving compatibility
6331	with military installations.
6332	(o)  The extent to which a concurrency exception area
6333	designated pursuant to s. 163.3180(5), a concurrency management
6334	area designated pursuant to s. 163.3180(7), or a multimodal
6335	transportation district designated pursuant to s. 163.3180(15)
6336	has achieved the purpose for which it was created and otherwise
6337	complies with the provisions of s. 163.3180.
6338	(p)  An assessment of the extent to which changes are
6339	needed to develop a common methodology for measuring impacts on
6340	transportation facilities for the purpose of implementing its
6341	concurrency management system in coordination with the
6342	municipalities and counties, as appropriate pursuant to s.
6343	163.3180(10).
6344	(3)  Voluntary scoping meetings may be conducted by each
6345	local government or several local governments within the same
6346	county that agree to meet together. Joint meetings among all
6347	local governments in a county are encouraged. All scoping
6348	meetings shall be completed at least 1 year prior to the
6349	established adoption date of the report. The purpose of the
6350	meetings shall be to distribute data and resources available to
6351	assist in the preparation of the report, to provide input on
6352	major issues in each community that should be addressed in the
6353	report, and to advise on the extent of the effort for the
6354	components of subsection (2). If scoping meetings are held, the
6355	local government shall invite each state and regional reviewing
6356	agency, as well as adjacent and other affected local
6357	governments. A preliminary list of new data and major issues
6358	that have emerged since the adoption of the original plan, or
6359	the most recent evaluation and appraisal report-based update
6360	amendments, should be developed by state and regional entities
6361	and involved local governments for distribution at the scoping
6362	meeting. For purposes of this subsection, a "scoping meeting" is
6363	a meeting conducted to determine the scope of review of the
6364	evaluation and appraisal report by parties to which the report
6365	relates.
6366	(4)  The local planning agency shall prepare the evaluation
6367	and appraisal report and shall make recommendations to the
6368	governing body regarding adoption of the proposed report. The
6369	local planning agency shall prepare the report in conformity
6370	with its public participation procedures adopted as required by
6371	s. 163.3181. During the preparation of the proposed report and
6372	prior to making any recommendation to the governing body, the
6373	local planning agency shall hold at least one public hearing,
6374	with public notice, on the proposed report. At a minimum, the
6375	format and content of the proposed report shall include a table
6376	of contents; numbered pages; element headings; section headings
6377	within elements; a list of included tables, maps, and figures; a
6378	title and sources for all included tables; a preparation date;
6379	and the name of the preparer. Where applicable, maps shall
6380	include major natural and artificial geographic features; city,
6381	county, and state lines; and a legend indicating a north arrow,
6382	map scale, and the date.
6383	(5)  Ninety days prior to the scheduled adoption date, the
6384	local government may provide a proposed evaluation and appraisal
6385	report to the state land planning agency and distribute copies
6386	to state and regional commenting agencies as prescribed by rule,
6387	adjacent jurisdictions, and interested citizens for review. All
6388	review comments, including comments by the state land planning
6389	agency, shall be transmitted to the local government and state
6390	land planning agency within 30 days after receipt of the
6391	proposed report.
6392	(6)  The governing body, after considering the review
6393	comments and recommended changes, if any, shall adopt the
6394	evaluation and appraisal report by resolution or ordinance at a
6395	public hearing with public notice. The governing body shall
6396	adopt the report in conformity with its public participation
6397	procedures adopted as required by s. 163.3181. The local
6398	government shall submit to the state land planning agency three
6399	copies of the report, a transmittal letter indicating the dates
6400	of public hearings, and a copy of the adoption resolution or
6401	ordinance. The local government shall provide a copy of the
6402	report to the reviewing agencies which provided comments for the
6403	proposed report, or to all the reviewing agencies if a proposed
6404	report was not provided pursuant to subsection (5), including
6405	the adjacent local governments. Within 60 days after receipt,
6406	the state land planning agency shall review the adopted report
6407	and make a preliminary sufficiency determination that shall be
6408	forwarded by the agency to the local government for its
6409	consideration. The state land planning agency shall issue a
6410	final sufficiency determination within 90 days after receipt of
6411	the adopted evaluation and appraisal report.
6412	(7)  The intent of the evaluation and appraisal process is
6413	the preparation of a plan update that clearly and concisely
6414	achieves the purpose of this section. Toward this end, the
6415	sufficiency review of the state land planning agency shall
6416	concentrate on whether the evaluation and appraisal report
6417	sufficiently fulfills the components of subsection (2). If the
6418	state land planning agency determines that the report is
6419	insufficient, the governing body shall adopt a revision of the
6420	report and submit the revised report for review pursuant to
6421	subsection (6).
6422	(8)  The state land planning agency may delegate the review
6423	of evaluation and appraisal reports, including all state land
6424	planning agency duties under subsections (4)-(7), to the
6425	appropriate regional planning council. When the review has been
6426	delegated to a regional planning council, any local government
6427	in the region may elect to have its report reviewed by the
6428	regional planning council rather than the state land planning
6429	agency. The state land planning agency shall by agreement
6430	provide for uniform and adequate review of reports and shall
6431	retain oversight for any delegation of review to a regional
6432	planning council.
6433	(9)  The state land planning agency may establish a phased
6434	schedule for adoption of reports. The schedule shall provide
6435	each local government at least 7 years from plan adoption or
6436	last established adoption date for a report and shall allot
6437	approximately one-seventh of the reports to any 1 year. In order
6438	to allow the municipalities to use data and analyses gathered by
6439	the counties, the state land planning agency shall schedule
6440	municipal report adoption dates between 1 year and 18 months
6441	later than the report adoption date for the county in which
6442	those municipalities are located. A local government may adopt
6443	its report no earlier than 90 days prior to the established
6444	adoption date. Small municipalities which were scheduled by
6445	chapter 9J-33, Florida Administrative Code, to adopt their
6446	evaluation and appraisal report after February 2, 1999, shall be
6447	rescheduled to adopt their report together with the other
6448	municipalities in their county as provided in this subsection.
6449	(10)  The governing body shall amend its comprehensive plan
6450	based on the recommendations in the report and shall update the
6451	comprehensive plan based on the components of subsection (2),
6452	pursuant to the provisions of ss. 163.3184, 163.3187, and
6453	163.3189. Amendments to update a comprehensive plan based on the
6454	evaluation and appraisal report shall be adopted during a single
6455	amendment cycle within 18 months after the report is determined
6456	to be sufficient by the state land planning agency, except the
6457	state land planning agency may grant an extension for adoption
6458	of a portion of such amendments. The state land planning agency
6459	may grant a 6-month extension for the adoption of such
6460	amendments if the request is justified by good and sufficient
6461	cause as determined by the agency. An additional extension may
6462	also be granted if the request will result in greater
6463	coordination between transportation and land use, for the
6464	purposes of improving Florida's transportation system, as
6465	determined by the agency in coordination with the Metropolitan
6466	Planning Organization program. Beginning July 1, 2006, failure
6467	to timely adopt and transmit update amendments to the
6468	comprehensive plan based on the evaluation and appraisal report
6469	shall result in a local government being prohibited from
6470	adopting amendments to the comprehensive plan until the
6471	evaluation and appraisal report update amendments have been
6472	adopted and transmitted to the state land planning agency. The
6473	prohibition on plan amendments shall commence when the update
6474	amendments to the comprehensive plan are past due. The
6475	comprehensive plan as amended shall be in compliance as defined
6476	in s. 163.3184(1)(b). Within 6 months after the effective date
6477	of the update amendments to the comprehensive plan, the local
6478	government shall provide to the state land planning agency and
6479	to all agencies designated by rule a complete copy of the
6480	updated comprehensive plan.
6481	(11)  The Administration Commission may impose the
6482	sanctions provided by s. 163.3184(11) against any local
6483	government that fails to adopt and submit a report, or that
6484	fails to implement its report through timely and sufficient
6485	amendments to its local plan, except for reasons of excusable
6486	delay or valid planning reasons agreed to by the state land
6487	planning agency or found present by the Administration
6488	Commission. Sanctions for untimely or insufficient plan
6489	amendments shall be prospective only and shall begin after a
6490	final order has been issued by the Administration Commission and
6491	a reasonable period of time has been allowed for the local
6492	government to comply with an adverse determination by the
6493	Administration Commission through adoption of plan amendments
6494	that are in compliance. The state land planning agency may
6495	initiate, and an affected person may intervene in, such a
6496	proceeding by filing a petition with the Division of
6497	Administrative Hearings, which shall appoint an administrative
6498	law judge and conduct a hearing pursuant to ss. 120.569 and
6499	120.57(1) and shall submit a recommended order to the
6500	Administration Commission. The affected local government shall
6501	be a party to any such proceeding. The commission may implement
6502	this subsection by rule.
6503	(5)(12)  The state land planning agency may shall not adopt
6504	rules to implement this section, other than procedural rules or
6505	a schedule indicating when local governments must comply with
6506	the requirements of this section.
6507	(13)  The state land planning agency shall regularly review
6508	the evaluation and appraisal report process and submit a report
6509	to the Governor, the Administration Commission, the Speaker of
6510	the House of Representatives, the President of the Senate, and
6511	the respective community affairs committees of the Senate and
6512	the House of Representatives. The first report shall be
6513	submitted by December 31, 2004, and subsequent reports shall be
6514	submitted every 5 years thereafter. At least 9 months before the
6515	due date of each report, the Secretary of Community Affairs
6516	shall appoint a technical committee of at least 15 members to
6517	assist in the preparation of the report. The membership of the
6518	technical committee shall consist of representatives of local
6519	governments, regional planning councils, the private sector, and
6520	environmental organizations. The report shall assess the
6521	effectiveness of the evaluation and appraisal report process.
6522	(14)  The requirement of subsection (10) prohibiting a
6523	local government from adopting amendments to the local
6524	comprehensive plan until the evaluation and appraisal report
6525	update amendments have been adopted and transmitted to the state
6526	land planning agency does not apply to a plan amendment proposed
6527	for adoption by the appropriate local government as defined in
6528	s. 163.3178(2)(k) in order to integrate a port comprehensive
6529	master plan with the coastal management element of the local
6530	comprehensive plan as required by s. 163.3178(2)(k) if the port
6531	comprehensive master plan or the proposed plan amendment does
6532	not cause or contribute to the failure of the local government
6533	to comply with the requirements of the evaluation and appraisal
6534	report.
6535	Section 21.  Paragraph (b) of subsection (2) of section
6536	163.3217, Florida Statutes, is amended to read:
6537	163.3217  Municipal overlay for municipal incorporation.-
6538	(2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6539	OVERLAY.-
6540	(b)1.  A municipal overlay shall be adopted as an amendment
6541	to the local government comprehensive plan as prescribed by s.
6542	163.3184.
6543	2.  A county may consider the adoption of a municipal
6544	overlay without regard to the provisions of s. 163.3187(1)
6545	regarding the frequency of adoption of amendments to the local
6546	comprehensive plan.
6547	Section 22.  Subsection (3) of section 163.3220, Florida
6548	Statutes, is amended to read:
6549	163.3220  Short title; legislative intent.-
6550	(3)  In conformity with, in furtherance of, and to
6551	implement the Community Local Government Comprehensive Planning
6552	and Land Development Regulation Act and the Florida State
6553	Comprehensive Planning Act of 1972, it is the intent of the
6554	Legislature to encourage a stronger commitment to comprehensive
6555	and capital facilities planning, ensure the provision of
6556	adequate public facilities for development, encourage the
6557	efficient use of resources, and reduce the economic cost of
6558	development.
6559	Section 23.  Subsections (2) and (11) of section 163.3221,
6560	Florida Statutes, are amended to read:
6561	163.3221  Florida Local Government Development Agreement
6562	Act; definitions.-As used in ss. 163.3220-163.3243:
6563	(2)  "Comprehensive plan" means a plan adopted pursuant to
6564	the Community "Local Government Comprehensive Planning and Land
6565	Development Regulation Act."
6566	(11)  "Local planning agency" means the agency designated
6567	to prepare a comprehensive plan or plan amendment pursuant to
6568	the Community "Florida Local Government Comprehensive Planning
6569	and Land Development Regulation Act."
6570	Section 24.  Section 163.3229, Florida Statutes, is amended
6571	to read:
6572	163.3229  Duration of a development agreement and
6573	relationship to local comprehensive plan.-The duration of a
6574	development agreement may shall not exceed 30 20 years, unless
6575	it is. It may be extended by mutual consent of the governing
6576	body and the developer, subject to a public hearing in
6577	accordance with s. 163.3225. No development agreement shall be
6578	effective or be implemented by a local government unless the
6579	local government's comprehensive plan and plan amendments
6580	implementing or related to the agreement are found in compliance
6581	by the state land planning agency in accordance with s.
6582	163.3184, s. 163.3187, or s. 163.3189.
6583	Section 25.  Section 163.3235, Florida Statutes, is amended
6584	to read:
6585	163.3235  Periodic review of a development agreement.-A
6586	local government shall review land subject to a development
6587	agreement at least once every 12 months to determine if there
6588	has been demonstrated good faith compliance with the terms of
6589	the development agreement. For each annual review conducted
6590	during years 6 through 10 of a development agreement, the review
6591	shall be incorporated into a written report which shall be
6592	submitted to the parties to the agreement and the state land
6593	planning agency. The state land planning agency shall adopt
6594	rules regarding the contents of the report, provided that the
6595	report shall be limited to the information sufficient to
6596	determine the extent to which the parties are proceeding in good
6597	faith to comply with the terms of the development agreement. If
6598	the local government finds, on the basis of substantial
6599	competent evidence, that there has been a failure to comply with
6600	the terms of the development agreement, the agreement may be
6601	revoked or modified by the local government.
6602	Section 26.  Section 163.3239, Florida Statutes, is amended
6603	to read:
6604	163.3239  Recording and effectiveness of a development
6605	agreement.-Within 14 days after a local government enters into a
6606	development agreement, the local government shall record the
6607	agreement with the clerk of the circuit court in the county
6608	where the local government is located. A copy of the recorded
6609	development agreement shall be submitted to the state land
6610	planning agency within 14 days after the agreement is recorded.
6611	A development agreement is shall not be effective until it is
6612	properly recorded in the public records of the county and until
6613	30 days after having been received by the state land planning
6614	agency pursuant to this section. The burdens of the development
6615	agreement shall be binding upon, and the benefits of the
6616	agreement shall inure to, all successors in interest to the
6617	parties to the agreement.
6618	Section 27.  Section 163.3243, Florida Statutes, is amended
6619	to read:
6620	163.3243  Enforcement.-Any party or, any aggrieved or
6621	adversely affected person as defined in s. 163.3215(2), or the
6622	state land planning agency may file an action for injunctive
6623	relief in the circuit court where the local government is
6624	located to enforce the terms of a development agreement or to
6625	challenge compliance of the agreement with the provisions of ss.
6626	163.3220-163.3243.
6627	Section 28.  Section 163.3245, Florida Statutes, is amended
6628	to read:
6629	163.3245  Optional Sector plans.-
6630	(1)  In recognition of the benefits of conceptual long-
6631	range planning for the buildout of an area, and detailed
6632	planning for specific areas, as a demonstration project, the
6633	requirements of s. 380.06 may be addressed as identified by this
6634	section for up to five local governments or combinations of
6635	local governments may which adopt into their the comprehensive
6636	plans a plan an optional sector plan in accordance with this
6637	section. This section is intended to promote and encourage long-
6638	term planning for conservation, development, and agriculture on
6639	a landscape scale; to further the intent of s. 163.3177(11),
6640	which supports innovative and flexible planning and development
6641	strategies, and the purposes of this part, and part I of chapter
6642	380; to facilitate protection of regionally significant
6643	resources, including, but not limited to, regionally significant
6644	water courses and wildlife corridors;, and to avoid duplication
6645	of effort in terms of the level of data and analysis required
6646	for a development of regional impact, while ensuring the
6647	adequate mitigation of impacts to applicable regional resources
6648	and facilities, including those within the jurisdiction of other
6649	local governments, as would otherwise be provided. Optional
6650	Sector plans are intended for substantial geographic areas that
6651	include including at least 15,000 5,000 acres of one or more
6652	local governmental jurisdictions and are to emphasize urban form
6653	and protection of regionally significant resources and public
6654	facilities. A The state land planning agency may approve
6655	optional sector plans of less than 5,000 acres based on local
6656	circumstances if it is determined that the plan would further
6657	the purposes of this part and part I of chapter 380. Preparation
6658	of an optional sector plan is authorized by agreement between
6659	the state land planning agency and the applicable local
6660	governments under s. 163.3171(4). An optional sector plan may be
6661	adopted through one or more comprehensive plan amendments under
6662	s. 163.3184. However, an optional sector plan may not be adopted
6663	authorized in an area of critical state concern.
6664	(2)  Upon the request of a local government having
6665	jurisdiction, The state land planning agency may enter into an
6666	agreement to authorize preparation of an optional sector plan
6667	upon the request of one or more local governments based on
6668	consideration of problems and opportunities presented by
6669	existing development trends; the effectiveness of current
6670	comprehensive plan provisions; the potential to further the
6671	state comprehensive plan, applicable strategic regional policy
6672	plans, this part, and part I of chapter 380; and those factors
6673	identified by s. 163.3177(10)(i). the applicable regional
6674	planning council shall conduct a scoping meeting with affected
6675	local governments and those agencies identified in s.
6676	163.3184(1)(c)(4) before preparation of the sector plan
6677	execution of the agreement authorized by this section. The
6678	purpose of this meeting is to assist the state land planning
6679	agency and the local government in the identification of the
6680	relevant planning issues to be addressed and the data and
6681	resources available to assist in the preparation of the sector
6682	plan subsequent plan amendments. If a scoping meeting is
6683	conducted, the regional planning council shall make written
6684	recommendations to the state land planning agency and affected
6685	local governments on the issues requested by the local
6686	government. The scoping meeting shall be noticed and open to the
6687	public. If the entire planning area proposed for the sector plan
6688	is within the jurisdiction of two or more local governments,
6689	some or all of them may enter into a joint planning agreement
6690	pursuant to s. 163.3171 with respect to, including whether a
6691	sustainable sector plan would be appropriate. The agreement must
6692	define the geographic area to be subject to the sector plan, the
6693	planning issues that will be emphasized, procedures requirements
6694	for intergovernmental coordination to address
6695	extrajurisdictional impacts, supporting application materials
6696	including data and analysis, and procedures for public
6697	participation, or other issues. An agreement may address
6698	previously adopted sector plans that are consistent with the
6699	standards in this section. Before executing an agreement under
6700	this subsection, the local government shall hold a duly noticed
6701	public workshop to review and explain to the public the optional
6702	sector planning process and the terms and conditions of the
6703	proposed agreement. The local government shall hold a duly
6704	noticed public hearing to execute the agreement. All meetings
6705	between the department and the local government must be open to
6706	the public.
6707	(3)  Optional Sector planning encompasses two levels:
6708	adoption pursuant to under s. 163.3184 of a conceptual long-term
6709	master plan for the entire planning area as part of the
6710	comprehensive plan, and adoption by local development order of
6711	two or more buildout overlay to the comprehensive plan, having
6712	no immediate effect on the issuance of development orders or the
6713	applicability of s. 380.06, and adoption under s. 163.3184 of
6714	detailed specific area plans that implement the conceptual long-
6715	term master plan buildout overlay and authorize issuance of
6716	development orders, and within which s. 380.06 is waived. Until
6717	such time as a detailed specific area plan is adopted, the
6718	underlying future land use designations apply.
6719	(a)  In addition to the other requirements of this chapter,
6720	a long-term master plan pursuant to this section conceptual
6721	long-term buildout overlay must include maps, illustrations, and
6722	text supported by data and analysis to address the following:
6723	1.  A long-range conceptual framework map that, at a
6724	minimum, generally depicts identifies anticipated areas of
6725	urban, agricultural, rural, and conservation land use,
6726	identifies allowed uses in various parts of the planning area,
6727	specifies maximum and minimum densities and intensities of use,
6728	and provides the general framework for the development pattern
6729	in developed areas with graphic illustrations based on a
6730	hierarchy of places and functional place-making components.
6731	2.  A general identification of the water supplies needed
6732	and available sources of water, including water resource
6733	development and water supply development projects, and water
6734	conservation measures needed to meet the projected demand of the
6735	future land uses in the long-term master plan.
6736	3.  A general identification of the transportation
6737	facilities to serve the future land uses in the long-term master
6738	plan, including guidelines to be used to establish each modal
6739	component intended to optimize mobility.
6740	4.2.  A general identification of other regionally
6741	significant public facilities consistent with chapter 9J-2,
6742	Florida Administrative Code, irrespective of local governmental
6743	jurisdiction necessary to support buildout of the anticipated
6744	future land uses, which may include central utilities provided
6745	onsite within the planning area, and policies setting forth the
6746	procedures to be used to mitigate the impacts of future land
6747	uses on public facilities.
6748	5.3.  A general identification of regionally significant
6749	natural resources within the planning area based on the best
6750	available data and policies setting forth the procedures for
6751	protection or conservation of specific resources consistent with
6752	the overall conservation and development strategy for the
6753	planning area consistent with chapter 9J-2, Florida
6754	Administrative Code.
6755	6.4.  General principles and guidelines addressing that
6756	address the urban form and the interrelationships of anticipated
6757	future land uses; the protection and, as appropriate,
6758	restoration and management of lands identified for permanent
6759	preservation through recordation of conservation easements
6760	consistent with s. 704.06, which shall be phased or staged in
6761	coordination with detailed specific area plans to reflect phased
6762	or staged development within the planning area; and a
6763	discussion, at the applicant's option, of the extent, if any, to
6764	which the plan will address restoring key ecosystems, achieving
6765	a more clean, healthy environment;, limiting urban sprawl;
6766	providing a range of housing types;, protecting wildlife and
6767	natural areas;, advancing the efficient use of land and other
6768	resources;, and creating quality communities of a design that
6769	promotes travel by multiple transportation modes; and enhancing
6770	the prospects for the creation of jobs.
6771	7.5.  Identification of general procedures and policies to
6772	facilitate ensure intergovernmental coordination to address
6773	extrajurisdictional impacts from the future land uses long-range
6774	conceptual framework map.
6775
6776	A long-term master plan adopted pursuant to this section may be
6777	based upon a planning period longer than the generally
6778	applicable planning period of the local comprehensive plan,
6779	shall specify the projected population within the planning area
6780	during the chosen planning period, and may include a phasing or
6781	staging schedule that allocates a portion of the local
6782	government's future growth to the planning area through the
6783	planning period. A long-term master plan adopted pursuant to
6784	this section is not required to demonstrate need based upon
6785	projected population growth or on any other basis.
6786	(b)  In addition to the other requirements of this chapter,
6787	including those in paragraph (a), the detailed specific area
6788	plans shall be consistent with the long-term master plan and
6789	must include conditions and commitments that provide for:
6790	1.  Development or conservation of an area of adequate size
6791	to accommodate a level of development which achieves a
6792	functional relationship between a full range of land uses within
6793	the area and to encompass at least 1,000 acres consistent with
6794	the long-term master plan. The local government state land
6795	planning agency may approve detailed specific area plans of less
6796	than 1,000 acres based on local circumstances if it is
6797	determined that the detailed specific area plan furthers the
6798	purposes of this part and part I of chapter 380.
6799	2.  Detailed identification and analysis of the maximum and
6800	minimum densities and intensities of use and the distribution,
6801	extent, and location of future land uses.
6802	3.  Detailed identification of water resource development
6803	and water supply development projects and related infrastructure
6804	and water conservation measures to address water needs of
6805	development in the detailed specific area plan.
6806	4.  Detailed identification of the transportation
6807	facilities to serve the future land uses in the detailed
6808	specific area plan.
6809	5.3.  Detailed identification of other regionally
6810	significant public facilities, including public facilities
6811	outside the jurisdiction of the host local government,
6812	anticipated impacts of future land uses on those facilities, and
6813	required improvements consistent with the long-term master plan
6814	chapter 9J-2, Florida Administrative Code.
6815	6.4.  Public facilities necessary to serve development in
6816	the detailed specific area plan for the short term, including
6817	developer contributions in a financially feasible 5-year capital
6818	improvement schedule of the affected local government.
6819	7.5.  Detailed analysis and identification of specific
6820	measures to ensure assure the protection and, as appropriate,
6821	restoration and management of lands within the boundary of the
6822	detailed specific area plan identified for permanent
6823	preservation through recordation of conservation easements
6824	consistent with s. 704.06, which easements shall be effective
6825	before or concurrent with the effective date of the detailed
6826	specific area plan of regionally significant natural resources
6827	and other important resources both within and outside the host
6828	jurisdiction, including those regionally significant resources
6829	identified in chapter 9J-2, Florida Administrative Code.
6830	8.6.  Detailed principles and guidelines addressing that
6831	address the urban form and the interrelationships of anticipated
6832	future land uses; and a discussion, at the applicant's option,
6833	of the extent, if any, to which the plan will address restoring
6834	key ecosystems, achieving a more clean, healthy environment;,
6835	limiting urban sprawl; providing a range of housing types;,
6836	protecting wildlife and natural areas;, advancing the efficient
6837	use of land and other resources;, and creating quality
6838	communities of a design that promotes travel by multiple
6839	transportation modes; and enhancing the prospects for the
6840	creation of jobs.
6841	9.7.  Identification of specific procedures to facilitate
6842	ensure intergovernmental coordination to address
6843	extrajurisdictional impacts from of the detailed specific area
6844	plan.
6845
6846	A detailed specific area plan adopted by local development order
6847	pursuant to this section may be based upon a planning period
6848	longer than the generally applicable planning period of the
6849	local comprehensive plan and shall specify the projected
6850	population within the specific planning area during the chosen
6851	planning period. A detailed specific area plan adopted pursuant
6852	to this section is not required to demonstrate need based upon
6853	projected population growth or on any other basis. All lands
6854	identified in the long-term master plan for permanent
6855	preservation shall be subject to a recorded conservation
6856	easement consistent with s. 704.06 before or concurrent with the
6857	effective date of the final detailed specific area plan to be
6858	approved within the planning area.
6859	(c)  In its review of a long-term master plan, the state
6860	land planning agency shall consult with the Department of
6861	Agriculture and Consumer Services, the Department of
6862	Environmental Protection, the Fish and Wildlife Conservation
6863	Commission, and the applicable water management district
6864	regarding the design of areas for protection and conservation of
6865	regionally significant natural resources and for the protection
6866	and, as appropriate, restoration and management of lands
6867	identified for permanent preservation.
6868	(d)  In its review of a long-term master plan, the state
6869	land planning agency shall consult with the Department of
6870	Transportation, the applicable metropolitan planning
6871	organization, and any urban transit agency regarding the
6872	location, capacity, design, and phasing or staging of major
6873	transportation facilities in the planning area.
6874	(e)  Whenever a local government issues a development order
6875	approving a detailed specific area plan, a copy of such order
6876	shall be rendered to the state land planning agency and the
6877	owner or developer of the property affected by such order, as
6878	prescribed by rules of the state land planning agency for a
6879	development order for a development of regional impact. Within
6880	45 days after the order is rendered, the owner, the developer,
6881	or the state land planning agency may appeal the order to the
6882	Florida Land and Water Adjudicatory Commission by filing a
6883	petition alleging that the detailed specific area plan is not
6884	consistent with the comprehensive plan or with the long-term
6885	master plan adopted pursuant to this section. The appellant
6886	shall furnish a copy of the petition to the opposing party, as
6887	the case may be, and to the local government that issued the
6888	order. The filing of the petition stays the effectiveness of the
6889	order until after completion of the appeal process. However, if
6890	a development order approving a detailed specific area plan has
6891	been challenged by an aggrieved or adversely affected party in a
6892	judicial proceeding pursuant to s. 163.3215, and a party to such
6893	proceeding serves notice to the state land planning agency, the
6894	state land planning agency shall dismiss its appeal to the
6895	commission and shall have the right to intervene in the pending
6896	judicial proceeding pursuant to s. 163.3215. Proceedings for
6897	administrative review of an order approving a detailed specific
6898	area plan shall be conducted consistent with s. 380.07(6). The
6899	commission shall issue a decision granting or denying permission
6900	to develop pursuant to the long-term master plan and the
6901	standards of this part and may attach conditions or restrictions
6902	to its decisions.
6903	(f)(c)  This subsection does may not be construed to
6904	prevent preparation and approval of the optional sector plan and
6905	detailed specific area plan concurrently or in the same
6906	submission.
6907	(4)  Upon the long-term master plan becoming legally
6908	effective:
6909	(a)  Any long-range transportation plan developed by a
6910	metropolitan planning organization pursuant to s. 339.175(7)
6911	must be consistent, to the maximum extent feasible, with the
6912	long-term master plan, including, but not limited to, the
6913	projected population and the approved uses and densities and
6914	intensities of use and their distribution within the planning
6915	area. The transportation facilities identified in adopted plans
6916	pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
6917	in coordination with the adopted M.P.O. long-range
6918	transportation plan.
6919	(b)  The water needs, sources and water resource
6920	development, and water supply development projects identified in
6921	adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
6922	be incorporated into the applicable district and regional water
6923	supply plans adopted in accordance with ss. 373.036 and 373.709.
6924	Accordingly, and notwithstanding the permit durations stated in
6925	s. 373.236, an applicant may request and the applicable district
6926	may issue consumptive use permits for durations commensurate
6927	with the long-term master plan or detailed specific area plan,
6928	considering the ability of the master plan area to contribute to
6929	regional water supply availability and the need to maximize
6930	reasonable-beneficial use of the water resource. The permitting
6931	criteria in s. 373.223 shall be applied based upon the projected
6932	population and the approved densities and intensities of use and
6933	their distribution in the long-term master plan; however, the
6934	allocation of the water may be phased over the permit duration
6935	to correspond to actual projected needs. This paragraph does not
6936	supersede the public interest test set forth in s. 373.223. The
6937	host local government shall submit a monitoring report to the
6938	state land planning agency and applicable regional planning
6939	council on an annual basis after adoption of a detailed specific
6940	area plan. The annual monitoring report must provide summarized
6941	information on development orders issued, development that has
6942	occurred, public facility improvements made, and public facility
6943	improvements anticipated over the upcoming 5 years.
6944	(5)  When a plan amendment adopting a detailed specific
6945	area plan has become effective for a portion of the planning
6946	area governed by a long-term master plan adopted pursuant to
6947	this section under ss. 163.3184 and 163.3189(2), the provisions
6948	of s. 380.06 does do not apply to development within the
6949	geographic area of the detailed specific area plan. However, any
6950	development-of-regional-impact development order that is vested
6951	from the detailed specific area plan may be enforced pursuant to
6952	under s. 380.11.
6953	(a)  The local government adopting the detailed specific
6954	area plan is primarily responsible for monitoring and enforcing
6955	the detailed specific area plan. Local governments may shall not
6956	issue any permits or approvals or provide any extensions of
6957	services to development that are not consistent with the
6958	detailed specific sector area plan.
6959	(b)  If the state land planning agency has reason to
6960	believe that a violation of any detailed specific area plan, or
6961	of any agreement entered into under this section, has occurred
6962	or is about to occur, it may institute an administrative or
6963	judicial proceeding to prevent, abate, or control the conditions
6964	or activity creating the violation, using the procedures in s.
6965	380.11.
6966	(c)  In instituting an administrative or judicial
6967	proceeding involving a an optional sector plan or detailed
6968	specific area plan, including a proceeding pursuant to paragraph
6969	(b), the complaining party shall comply with the requirements of
6970	s. 163.3215(4), (5), (6), and (7), except as provided by
6971	paragraph (3)(e).
6972	(d)  The detailed specific area plan shall establish a
6973	buildout date until which the approved development is not
6974	subject to downzoning, unit density reduction, or intensity
6975	reduction, unless the local government can demonstrate that
6976	implementation of the plan is not continuing in good faith based
6977	on standards established by plan policy, that substantial
6978	changes in the conditions underlying the approval of the
6979	detailed specific area plan have occurred, that the detailed
6980	specific area plan was based on substantially inaccurate
6981	information provided by the applicant, or that the change is
6982	clearly established to be essential to the public health,
6983	safety, or welfare.
6984	(6)  Concurrent with or subsequent to review and adoption
6985	of a long-term master plan pursuant to paragraph (3)(a), an
6986	applicant may apply for master development approval pursuant to
6987	s. 380.06(21) for the entire planning area in order to establish
6988	a buildout date until which the approved uses and densities and
6989	intensities of use of the master plan are not subject to
6990	downzoning, unit density reduction, or intensity reduction,
6991	unless the local government can demonstrate that implementation
6992	of the master plan is not continuing in good faith based on
6993	standards established by plan policy, that substantial changes
6994	in the conditions underlying the approval of the master plan
6995	have occurred, that the master plan was based on substantially
6996	inaccurate information provided by the applicant, or that change
6997	is clearly established to be essential to the public health,
6998	safety, or welfare. Review of the application for master
6999	development approval shall be at a level of detail appropriate
7000	for the long-term and conceptual nature of the long-term master
7001	plan and, to the maximum extent possible, may only consider
7002	information provided in the application for a long-term master
7003	plan. Notwithstanding s. 380.06, an increment of development in
7004	such an approved master development plan must be approved by a
7005	detailed specific area plan pursuant to paragraph (3)(b) and is
7006	exempt from review pursuant to s. 380.06.
7007	(6)  Beginning December 1, 1999, and each year thereafter,
7008	the department shall provide a status report to the Legislative
7009	Committee on Intergovernmental Relations regarding each optional
7010	sector plan authorized under this section.
7011	(7)  A developer within an area subject to a long-term
7012	master plan that meets the requirements of paragraph (3)(a) and
7013	subsection (6) or a detailed specific area plan that meets the
7014	requirements of paragraph (3)(b) may enter into a development
7015	agreement with a local government pursuant to ss. 163.3220-
7016	163.3243. The duration of such a development agreement may be
7017	through the planning period of the long-term master plan or the
7018	detailed specific area plan, as the case may be, notwithstanding
7019	the limit on the duration of a development agreement pursuant to
7020	s. 163.3229.
7021	(8)  Any owner of property within the planning area of a
7022	proposed long-term master plan may withdraw his consent to the
7023	master plan at any time prior to local government adoption, and
7024	the local government shall exclude such parcels from the adopted
7025	master plan. Thereafter, the long-term master plan, any detailed
7026	specific area plan, and the exemption from development-of-
7027	regional-impact review under this section do not apply to the
7028	subject parcels. After adoption of a long-term master plan, an
7029	owner may withdraw his or her property from the master plan only
7030	with the approval of the local government by plan amendment
7031	adopted and reviewed pursuant to s. 163.3184.
7032	(9)  The adoption of a long-term master plan or a detailed
7033	specific area plan pursuant to this section does not limit the
7034	right to continue existing agricultural or silvicultural uses or
7035	other natural resource-based operations or to establish similar
7036	new uses that are consistent with the plans approved pursuant to
7037	this section.
7038	(10)  The state land planning agency may enter into an
7039	agreement with a local government that, on or before July 1,
7040	2011, adopted a large-area comprehensive plan amendment
7041	consisting of at least 15,000 acres that meets the requirements
7042	for a long-term master plan in paragraph (3)(a), after notice
7043	and public hearing by the local government, and thereafter,
7044	notwithstanding s. 380.06, this part, or any planning agreement
7045	or plan policy, the large-area plan shall be implemented through
7046	detailed specific area plans that meet the requirements of
7047	paragraph (3)(b) and shall otherwise be subject to this section.
7048	(11)  Notwithstanding this section, a detailed specific
7049	area plan to implement a conceptual long-term buildout overlay,
7050	adopted by a local government and found in compliance before
7051	July 1, 2011, shall be governed by this section.
7052	(12)  Notwithstanding s. 380.06, this part, or any planning
7053	agreement or plan policy, a landowner or developer who has
7054	received approval of a master development-of-regional-impact
7055	development order pursuant to s. 380.06(21) may apply to
7056	implement this order by filing one or more applications to
7057	approve a detailed specific area plan pursuant to paragraph
7058	(3)(b).
7059	(13)(7)  This section may not be construed to abrogate the
7060	rights of any person under this chapter.
7061	Section 29.  Subsections (9), (12), and (14) of section
7062	163.3246, Florida Statutes, are amended to read:
7063	163.3246  Local government comprehensive planning
7064	certification program.-
7065	(9)(a)  Upon certification all comprehensive plan
7066	amendments associated with the area certified must be adopted
7067	and reviewed in the manner described in s. ss. 163.3184(5)-
7068	(11)(1), (2), (7), (14), (15), and (16) and 163.3187, such that
7069	state and regional agency review is eliminated. Plan amendments
7070	that qualify as small scale development amendments may follow
7071	the small scale review process in s. 163.3187. The department
7072	may not issue any objections, recommendations, and comments
7073	report on proposed plan amendments or a notice of intent on
7074	adopted plan amendments; however, affected persons, as defined
7075	by s. 163.3184(1)(a), may file a petition for administrative
7076	review pursuant to the requirements of s. 163.3184(5)
7077	163.3187(3)(a) to challenge the compliance of an adopted plan
7078	amendment.
7079	(b)  Plan amendments that change the boundaries of the
7080	certification area; propose a rural land stewardship area
7081	pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
7082	sector plan pursuant to s. 163.3245; propose a school facilities
7083	element; update a comprehensive plan based on an evaluation and
7084	appraisal review report; impact lands outside the certification
7085	boundary; implement new statutory requirements that require
7086	specific comprehensive plan amendments; or increase hurricane
7087	evacuation times or the need for shelter capacity on lands
7088	within the coastal high-hazard area shall be reviewed pursuant
7089	to s. ss. 163.3184 and 163.3187.
7090	(12)  A local government's certification shall be reviewed
7091	by the local government and the department as part of the
7092	evaluation and appraisal process pursuant to s. 163.3191. Within
7093	1 year after the deadline for the local government to update its
7094	comprehensive plan based on the evaluation and appraisal report,
7095	the department shall renew or revoke the certification. The
7096	local government's failure to adopt a timely evaluation and
7097	appraisal report, failure to adopt an evaluation and appraisal
7098	report found to be sufficient, or failure to timely adopt
7099	necessary amendments to update its comprehensive plan based on
7100	an evaluation and appraisal, which are report found to be in
7101	compliance by the department, shall be cause for revoking the
7102	certification agreement. The department's decision to renew or
7103	revoke shall be considered agency action subject to challenge
7104	under s. 120.569.
7105	(14)  The Office of Program Policy Analysis and Government
7106	Accountability shall prepare a report evaluating the
7107	certification program, which shall be submitted to the Governor,
7108	the President of the Senate, and the Speaker of the House of
7109	Representatives by December 1, 2007.
7110	Section 30.  Section 163.32465, Florida Statutes, is
7111	repealed.
7112	Section 31.  Subsection (6) is added to section 163.3247,
7113	Florida Statutes, to read:
7114	163.3247  Century Commission for a Sustainable Florida.-
7115	(6)  EXPIRATION.-This section is repealed and the
7116	commission is abolished June 30, 2013.
7117	Section 32.  Section 163.3248, Florida Statutes, is created
7118	to read:
7119	163.3248  Rural land stewardship areas.-
7120	(1)  Rural land stewardship areas are designed to establish
7121	a long-term incentive based strategy to balance and guide the
7122	allocation of land so as to accommodate future land uses in a
7123	manner that protects the natural environment, stimulate economic
7124	growth and diversification, and encourage the retention of land
7125	for agriculture and other traditional rural land uses.
7126	(2)  Upon written request by one or more landowners of the
7127	subject lands to designate lands as a rural land stewardship
7128	area, or pursuant to a private-sector-initiated comprehensive
7129	plan amendment filed by, or with the consent of the owners of
7130	the subject lands, local governments may adopt a future land use
7131	overlay to designate all or portions of lands classified in the
7132	future land use element as predominantly agricultural, rural,
7133	open, open-rural, or a substantively equivalent land use, as a
7134	rural land stewardship area within which planning and economic
7135	incentives are applied to encourage the implementation of
7136	innovative and flexible planning and development strategies and
7137	creative land use planning techniques to support a diverse
7138	economic and employment base. The future land use overlay may
7139	not require a demonstration of need based on population
7140	projections or any other factors.
7141	(3)  Rural land stewardship areas may be used to further
7142	the following broad principles of rural sustainability:
7143	restoration and maintenance of the economic value of rural land;
7144	control of urban sprawl; identification and protection of
7145	ecosystems, habitats, and natural resources; promotion and
7146	diversification of economic activity and employment
7147	opportunities within the rural areas; maintenance of the
7148	viability of the state's agricultural economy; and protection of
7149	private property rights in rural areas of the state. Rural land
7150	stewardship areas may be multicounty in order to encourage
7151	coordinated regional stewardship planning.
7152	(4)  A local government or one or more property owners may
7153	request assistance and participation in the development of a
7154	plan for the rural land stewardship area from the state land
7155	planning agency, the Department of Agriculture and Consumer
7156	Services, the Fish and Wildlife Conservation Commission, the
7157	Department of Environmental Protection, the appropriate water
7158	management district, the Department of Transportation, the
7159	regional planning council, private land owners, and
7160	stakeholders.
7161	(5)  A rural land stewardship area shall be not less than
7162	10,000 acres, shall be located outside of municipalities and
7163	established urban service areas, and shall be designated by plan
7164	amendment by each local government with jurisdiction over the
7165	rural land stewardship area. The plan amendment or amendments
7166	designating a rural land stewardship area are subject to review
7167	pursuant to s. 163.3184 and shall provide for the following:
7168	(a)  Criteria for the designation of receiving areas which
7169	shall, at a minimum, provide for the following: adequacy of
7170	suitable land to accommodate development so as to avoid conflict
7171	with significant environmentally sensitive areas, resources, and
7172	habitats; compatibility between and transition from higher
7173	density uses to lower intensity rural uses; and the
7174	establishment of receiving area service boundaries that provide
7175	for a transition from receiving areas and other land uses within
7176	the rural land stewardship area through limitations on the
7177	extension of services.
7178	(b)  Innovative planning and development strategies to be
7179	applied within rural land stewardship areas pursuant to this
7180	section.
7181	(c)  A process for the implementation of innovative
7182	planning and development strategies within the rural land
7183	stewardship area, including those described in this subsection,
7184	which provide for a functional mix of land uses through the
7185	adoption by the local government of zoning and land development
7186	regulations applicable to the rural land stewardship area.
7187	(d)  A mix of densities and intensities that would not be
7188	characterized as urban sprawl through the use of innovative
7189	strategies and creative land use techniques.
7190	(6)  A receiving area may be designated only pursuant to
7191	procedures established in the local government's land
7192	development regulations. If receiving area designation requires
7193	the approval of the county board of county commissioners, such
7194	approval shall be by resolution with a simple majority vote.
7195	Before the commencement of development within a stewardship
7196	receiving area, a listed species survey must be performed for
7197	the area proposed for development. If listed species occur on
7198	the receiving area development site, the applicant must
7199	coordinate with each appropriate local, state, or federal agency
7200	to determine if adequate provisions have been made to protect
7201	those species in accordance with applicable regulations. In
7202	determining the adequacy of provisions for the protection of
7203	listed species and their habitats, the rural land stewardship
7204	area shall be considered as a whole, and the potential impacts
7205	and protective measures taken within areas to be developed as
7206	receiving areas shall be considered in conjunction with and
7207	compensated by lands set aside and protective measures taken
7208	within the designated sending areas.
7209	(7)  Upon the adoption of a plan amendment creating a rural
7210	land stewardship area, the local government shall, by ordinance,
7211	establish a rural land stewardship overlay zoning district,
7212	which shall provide the methodology for the creation,
7213	conveyance, and use of transferable rural land use credits,
7214	hereinafter referred to as stewardship credits, the assignment
7215	and application of which does not constitute a right to develop
7216	land or increase the density of land, except as provided by this
7217	section. The total amount of stewardship credits within the
7218	rural land stewardship area must enable the realization of the
7219	long-term vision and goals for the rural land stewardship area,
7220	which may take into consideration the anticipated effect of the
7221	proposed receiving areas. The estimated amount of receiving area
7222	shall be projected based on available data, and the development
7223	potential represented by the stewardship credits created within
7224	the rural land stewardship area must correlate to that amount.
7225	(8)  Stewardship credits are subject to the following
7226	limitations:
7227	(a)  Stewardship credits may exist only within a rural land
7228	stewardship area.
7229	(b)  Stewardship credits may be created only from lands
7230	designated as stewardship sending areas and may be used only on
7231	lands designated as stewardship receiving areas and then solely
7232	for the purpose of implementing innovative planning and
7233	development strategies and creative land use planning techniques
7234	adopted by the local government pursuant to this section.
7235	(c)  Stewardship credits assigned to a parcel of land
7236	within a rural land stewardship area shall cease to exist if the
7237	parcel of land is removed from the rural land stewardship area
7238	by plan amendment.
7239	(d)  Neither the creation of the rural land stewardship
7240	area by plan amendment nor the adoption of the rural land
7241	stewardship zoning overlay district by the local government may
7242	displace the underlying permitted uses or the density or
7243	intensity of land uses assigned to a parcel of land within the
7244	rural land stewardship area that existed before adoption of the
7245	plan amendment or zoning overlay district; however, once
7246	stewardship credits have been transferred from a designated
7247	sending area for use within a designated receiving area, the
7248	underlying density assigned to the designated sending area
7249	ceases to exist.
7250	(e)  The underlying permitted uses, density, or intensity
7251	on each parcel of land located within a rural land stewardship
7252	area may not be increased or decreased by the local government,
7253	except as a result of the conveyance or stewardship credits, as
7254	long as the parcel remains within the rural land stewardship
7255	area.
7256	(f)  Stewardship credits shall cease to exist on a parcel
7257	of land where the underlying density assigned to the parcel of
7258	land is used.
7259	(g)  An increase in the density or intensity of use on a
7260	parcel of land located within a designated receiving area may
7261	occur only through the assignment or use of stewardship credits
7262	and do not require a plan amendment. A change in the type of
7263	agricultural use on property within a rural land stewardship
7264	area is not considered a change in use or intensity of use and
7265	does not require any transfer of stewardship credits.
7266	(h)  A change in the density or intensity of land use on
7267	parcels located within receiving areas shall be specified in a
7268	development order that reflects the total number of stewardship
7269	credits assigned to the parcel of land and the infrastructure
7270	and support services necessary to provide for a functional mix
7271	of land uses corresponding to the plan of development.
7272	(i)  Land within a rural land stewardship area may be
7273	removed from the rural land stewardship area through a plan
7274	amendment.
7275	(j)  Stewardship credits may be assigned at different
7276	ratios of credits per acre according to the natural resource or
7277	other beneficial use characteristics of the land and according
7278	to the land use remaining after the transfer of credits, with
7279	the highest number of credits per acre assigned to the most
7280	environmentally valuable land or, in locations where the
7281	retention of open space and agricultural land is a priority, to
7282	such lands.
7283	(k)  Stewardship credits may be transferred from a sending
7284	area only after a stewardship easement is placed on the sending
7285	area land with assigned stewardship credits. A stewardship
7286	easement is a covenant or restrictive easement running with the
7287	land which specifies the allowable uses and development
7288	restrictions for the portion of a sending area from which
7289	stewardship credits have been transferred. The stewardship
7290	easement must be jointly held by the county and the Department
7291	of Environmental Protection, the Department of Agriculture and
7292	Consumer Services, a water management district, or a recognized
7293	statewide land trust.
7294	(9)  Owners of land within rural land stewardship sending
7295	areas should be provided other incentives, in addition to the
7296	use or conveyance of stewardship credits, to enter into rural
7297	land stewardship agreements, pursuant to existing law and rules
7298	adopted thereto, with state agencies, water management
7299	districts, the Fish and Wildlife Conservation Commission, and
7300	local governments to achieve mutually agreed upon objectives.
7301	Such incentives may include, but are not limited to, the
7302	following:
7303	(a)  Opportunity to accumulate transferable wetland and
7304	species habitat mitigation credits for use or sale.
7305	(b)  Extended permit agreements.
7306	(c)  Opportunities for recreational leases and ecotourism.
7307	(d)  Compensation for the achievement of specified land
7308	management activities of public benefit, including, but not
7309	limited to, facility siting and corridors, recreational leases,
7310	water conservation and storage, water reuse, wastewater
7311	recycling, water supply and water resource development, nutrient
7312	reduction, environmental restoration and mitigation, public
7313	recreation, listed species protection and recovery, and wildlife
7314	corridor management and enhancement.
7315	(e)  Option agreements for sale to public entities or
7316	private land conservation entities, in either fee or easement,
7317	upon achievement of specified conservation objectives.
7318	(10)  This section constitutes an overlay of land use
7319	options that provide economic and regulatory incentives for
7320	landowners outside of established and planned urban service
7321	areas to conserve and manage vast areas of land for the benefit
7322	of the state's citizens and natural environment while
7323	maintaining and enhancing the asset value of their landholdings.
7324	It is the intent of the Legislature that this section be
7325	implemented pursuant to law and rulemaking is not authorized.
7326	(11)  It is the intent of the Legislature that the rural
7327	land stewardship area located in Collier County, which was
7328	established pursuant to the requirements of a final order by the
7329	Governor and Cabinet, duly adopted as a growth management plan
7330	amendment by Collier County, and found in compliance with this
7331	chapter, be recognized as a statutory rural land stewardship
7332	area and be afforded the incentives in this section.
7333	Section 33.  Paragraph (a) of subsection (2) of section
7334	163.360, Florida Statutes, is amended to read:
7335	163.360  Community redevelopment plans.-
7336	(2)  The community redevelopment plan shall:
7337	(a)  Conform to the comprehensive plan for the county or
7338	municipality as prepared by the local planning agency under the
7339	Community Local Government Comprehensive Planning and Land
7340	Development Regulation Act.
7341	Section 34.  Paragraph (a) of subsection (3) and subsection
7342	(8) of section 163.516, Florida Statutes, are amended to read:
7343	163.516  Safe neighborhood improvement plans.-
7344	(3)  The safe neighborhood improvement plan shall:
7345	(a)  Be consistent with the adopted comprehensive plan for
7346	the county or municipality pursuant to the Community Local
7347	Government Comprehensive Planning and Land Development
7348	Regulation Act. No district plan shall be implemented unless the
7349	local governing body has determined said plan is consistent.
7350	(8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7351	the governing body of a municipality or county shall hold two
7352	public hearings to consider the board-adopted safe neighborhood
7353	improvement plan as an amendment or modification to the
7354	municipality's or county's adopted local comprehensive plan.
7355	Section 35.  Paragraph (f) of subsection (6), subsection
7356	(9), and paragraph (c) of subsection (11) of section 171.203,
7357	Florida Statutes, are amended to read:
7358	171.203  Interlocal service boundary agreement.-The
7359	governing body of a county and one or more municipalities or
7360	independent special districts within the county may enter into
7361	an interlocal service boundary agreement under this part. The
7362	governing bodies of a county, a municipality, or an independent
7363	special district may develop a process for reaching an
7364	interlocal service boundary agreement which provides for public
7365	participation in a manner that meets or exceeds the requirements
7366	of subsection (13), or the governing bodies may use the process
7367	established in this section.
7368	(6)  An interlocal service boundary agreement may address
7369	any issue concerning service delivery, fiscal responsibilities,
7370	or boundary adjustment. The agreement may include, but need not
7371	be limited to, provisions that:
7372	(f)  Establish a process for land use decisions consistent
7373	with part II of chapter 163, including those made jointly by the
7374	governing bodies of the county and the municipality, or allow a
7375	municipality to adopt land use changes consistent with part II
7376	of chapter 163 for areas that are scheduled to be annexed within
7377	the term of the interlocal agreement; however, the county
7378	comprehensive plan and land development regulations shall
7379	control until the municipality annexes the property and amends
7380	its comprehensive plan accordingly. Comprehensive plan
7381	amendments to incorporate the process established by this
7382	paragraph are exempt from the twice-per-year limitation under s.
7383	163.3187.
7384	(9)  Each local government that is a party to the
7385	interlocal service boundary agreement shall amend the
7386	intergovernmental coordination element of its comprehensive
7387	plan, as described in s. 163.3177(6)(h)1., no later than 6
7388	months following entry of the interlocal service boundary
7389	agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7390	required by this subsection are exempt from the twice-per-year
7391	limitation under s. 163.3187.
7392	(11)
7393	(c)  Any amendment required by paragraph (a) is exempt from
7394	the twice-per-year limitation under s. 163.3187.
7395	Section 36.  Section 186.513, Florida Statutes, is amended
7396	to read:
7397	186.513  Reports.-Each regional planning council shall
7398	prepare and furnish an annual report on its activities to the
7399	state land planning agency as defined in s. 163.3164(20) and the
7400	local general-purpose governments within its boundaries and,
7401	upon payment as may be established by the council, to any
7402	interested person. The regional planning councils shall make a
7403	joint report and recommendations to appropriate legislative
7404	committees.
7405	Section 37.  Section 186.515, Florida Statutes, is amended
7406	to read:
7407	186.515  Creation of regional planning councils under
7408	chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7409	186.515 is intended to repeal or limit the provisions of chapter
7410	163; however, the local general-purpose governments serving as
7411	voting members of the governing body of a regional planning
7412	council created pursuant to ss. 186.501-186.507, 186.513, and
7413	186.515 are not authorized to create a regional planning council
7414	pursuant to chapter 163 unless an agency, other than a regional
7415	planning council created pursuant to ss. 186.501-186.507,
7416	186.513, and 186.515, is designated to exercise the powers and
7417	duties in any one or more of ss. 163.3164(19) and 380.031(15);
7418	in which case, such a regional planning council is also without
7419	authority to exercise the powers and duties in s. 163.3164(19)
7420	or s. 380.031(15).
7421	Section 38.  Subsection (1) of section 189.415, Florida
7422	Statutes, is amended to read:
7423	189.415  Special district public facilities report.-
7424	(1)  It is declared to be the policy of this state to
7425	foster coordination between special districts and local general-
7426	purpose governments as those local general-purpose governments
7427	develop comprehensive plans under the Community Local Government
7428	Comprehensive Planning and Land Development Regulation Act,
7429	pursuant to part II of chapter 163.
7430	Section 39.  Subsection (3) of section 190.004, Florida
7431	Statutes, is amended to read:
7432	190.004  Preemption; sole authority.-
7433	(3)  The establishment of an independent community
7434	development district as provided in this act is not a
7435	development order within the meaning of chapter 380. All
7436	governmental planning, environmental, and land development laws,
7437	regulations, and ordinances apply to all development of the land
7438	within a community development district. Community development
7439	districts do not have the power of a local government to adopt a
7440	comprehensive plan, building code, or land development code, as
7441	those terms are defined in the Community Local Government
7442	Comprehensive Planning and Land Development Regulation Act. A
7443	district shall take no action which is inconsistent with
7444	applicable comprehensive plans, ordinances, or regulations of
7445	the applicable local general-purpose government.
7446	Section 40.  Paragraph (a) of subsection (1) of section
7447	190.005, Florida Statutes, is amended to read:
7448	190.005  Establishment of district.-
7449	(1)  The exclusive and uniform method for the establishment
7450	of a community development district with a size of 1,000 acres
7451	or more shall be pursuant to a rule, adopted under chapter 120
7452	by the Florida Land and Water Adjudicatory Commission, granting
7453	a petition for the establishment of a community development
7454	district.
7455	(a)  A petition for the establishment of a community
7456	development district shall be filed by the petitioner with the
7457	Florida Land and Water Adjudicatory Commission. The petition
7458	shall contain:
7459	1.  A metes and bounds description of the external
7460	boundaries of the district. Any real property within the
7461	external boundaries of the district which is to be excluded from
7462	the district shall be specifically described, and the last known
7463	address of all owners of such real property shall be listed. The
7464	petition shall also address the impact of the proposed district
7465	on any real property within the external boundaries of the
7466	district which is to be excluded from the district.
7467	2.  The written consent to the establishment of the
7468	district by all landowners whose real property is to be included
7469	in the district or documentation demonstrating that the
7470	petitioner has control by deed, trust agreement, contract, or
7471	option of 100 percent of the real property to be included in the
7472	district, and when real property to be included in the district
7473	is owned by a governmental entity and subject to a ground lease
7474	as described in s. 190.003(14), the written consent by such
7475	governmental entity.
7476	3.  A designation of five persons to be the initial members
7477	of the board of supervisors, who shall serve in that office
7478	until replaced by elected members as provided in s. 190.006.
7479	4.  The proposed name of the district.
7480	5.  A map of the proposed district showing current major
7481	trunk water mains and sewer interceptors and outfalls if in
7482	existence.
7483	6.  Based upon available data, the proposed timetable for
7484	construction of the district services and the estimated cost of
7485	constructing the proposed services. These estimates shall be
7486	submitted in good faith but are shall not be binding and may be
7487	subject to change.
7488	7.  A designation of the future general distribution,
7489	location, and extent of public and private uses of land proposed
7490	for the area within the district by the future land use plan
7491	element of the effective local government comprehensive plan of
7492	which all mandatory elements have been adopted by the applicable
7493	general-purpose local government in compliance with the
7494	Community Local Government Comprehensive Planning and Land
7495	Development Regulation Act.
7496	8.  A statement of estimated regulatory costs in accordance
7497	with the requirements of s. 120.541.
7498	Section 41.  Paragraph (i) of subsection (6) of section
7499	193.501, Florida Statutes, is amended to read:
7500	193.501  Assessment of lands subject to a conservation
7501	easement, environmentally endangered lands, or lands used for
7502	outdoor recreational or park purposes when land development
7503	rights have been conveyed or conservation restrictions have been
7504	covenanted.-
7505	(6)  The following terms whenever used as referred to in
7506	this section have the following meanings unless a different
7507	meaning is clearly indicated by the context:
7508	(i)  "Qualified as environmentally endangered" means land
7509	that has unique ecological characteristics, rare or limited
7510	combinations of geological formations, or features of a rare or
7511	limited nature constituting habitat suitable for fish, plants,
7512	or wildlife, and which, if subject to a development moratorium
7513	or one or more conservation easements or development
7514	restrictions appropriate to retaining such land or water areas
7515	predominantly in their natural state, would be consistent with
7516	the conservation, recreation and open space, and, if applicable,
7517	coastal protection elements of the comprehensive plan adopted by
7518	formal action of the local governing body pursuant to s.
7519	163.3161, the Community Local Government Comprehensive Planning
7520	and Land Development Regulation Act; or surface waters and
7521	wetlands, as determined by the methodology ratified in s.
7522	373.4211.
7523	Section 42.  Subsection (15) of section 287.042, Florida
7524	Statutes, is amended to read:
7525	287.042  Powers, duties, and functions.-The department
7526	shall have the following powers, duties, and functions:
7527	(15)  To enter into joint agreements with governmental
7528	agencies, as defined in s. 163.3164(10), for the purpose of
7529	pooling funds for the purchase of commodities or information
7530	technology that can be used by multiple agencies.
7531	(a)  Each agency that has been appropriated or has existing
7532	funds for such purchase, shall, upon contract award by the
7533	department, transfer their portion of the funds into the
7534	department's Operating Trust Fund for payment by the department.
7535	The funds shall be transferred by the Executive Office of the
7536	Governor pursuant to the agency budget amendment request
7537	provisions in chapter 216.
7538	(b)  Agencies that sign the joint agreements are
7539	financially obligated for their portion of the agreed-upon
7540	funds. If an agency becomes more than 90 days delinquent in
7541	paying the funds, the department shall certify to the Chief
7542	Financial Officer the amount due, and the Chief Financial
7543	Officer shall transfer the amount due to the Operating Trust
7544	Fund of the department from any of the agency's available funds.
7545	The Chief Financial Officer shall report these transfers and the
7546	reasons for the transfers to the Executive Office of the
7547	Governor and the legislative appropriations committees.
7548	Section 43.  Subsection (4) of section 288.063, Florida
7549	Statutes, is amended to read:
7550	288.063  Contracts for transportation projects.-
7551	(4)  The Office of Tourism, Trade, and Economic Development
7552	may adopt criteria by which transportation projects are to be
7553	reviewed and certified in accordance with s. 288.061. In
7554	approving transportation projects for funding, the Office of
7555	Tourism, Trade, and Economic Development shall consider factors
7556	including, but not limited to, the cost per job created or
7557	retained considering the amount of transportation funds
7558	requested; the average hourly rate of wages for jobs created;
7559	the reliance on the program as an inducement for the project's
7560	location decision; the amount of capital investment to be made
7561	by the business; the demonstrated local commitment; the location
7562	of the project in an enterprise zone designated pursuant to s.
7563	290.0055; the location of the project in a spaceport territory
7564	as defined in s. 331.304; the unemployment rate of the
7565	surrounding area; and the poverty rate of the community; and the
7566	adoption of an economic element as part of its local
7567	comprehensive plan in accordance with s. 163.3177(7)(j). The
7568	Office of Tourism, Trade, and Economic Development may contact
7569	any agency it deems appropriate for additional input regarding
7570	the approval of projects.
7571	Section 44.  Paragraph (a) of subsection (2), subsection
7572	(10), and paragraph (d) of subsection (12) of section 288.975,
7573	Florida Statutes, are amended to read:
7574	288.975  Military base reuse plans.-
7575	(2)  As used in this section, the term:
7576	(a)  "Affected local government" means a local government
7577	adjoining the host local government and any other unit of local
7578	government that is not a host local government but that is
7579	identified in a proposed military base reuse plan as providing,
7580	operating, or maintaining one or more public facilities as
7581	defined in s. 163.3164(24) on lands within or serving a military
7582	base designated for closure by the Federal Government.
7583	(10)  Within 60 days after receipt of a proposed military
7584	base reuse plan, these entities shall review and provide
7585	comments to the host local government. The commencement of this
7586	review period shall be advertised in newspapers of general
7587	circulation within the host local government and any affected
7588	local government to allow for public comment. No later than 180
7589	days after receipt and consideration of all comments, and the
7590	holding of at least two public hearings, the host local
7591	government shall adopt the military base reuse plan. The host
7592	local government shall comply with the notice requirements set
7593	forth in s. 163.3184(11)(15) to ensure full public participation
7594	in this planning process.
7595	(12)  Following receipt of a petition, the petitioning
7596	party or parties and the host local government shall seek
7597	resolution of the issues in dispute. The issues in dispute shall
7598	be resolved as follows:
7599	(d)  Within 45 days after receiving the report from the
7600	state land planning agency, the Administration Commission shall
7601	take action to resolve the issues in dispute. In deciding upon a
7602	proper resolution, the Administration Commission shall consider
7603	the nature of the issues in dispute, any requests for a formal
7604	administrative hearing pursuant to chapter 120, the compliance
7605	of the parties with this section, the extent of the conflict
7606	between the parties, the comparative hardships and the public
7607	interest involved. If the Administration Commission incorporates
7608	in its final order a term or condition that requires any local
7609	government to amend its local government comprehensive plan, the
7610	local government shall amend its plan within 60 days after the
7611	issuance of the order. Such amendment or amendments shall be
7612	exempt from the limitation of the frequency of plan amendments
7613	contained in s. 163.3187(1), and A public hearing on such
7614	amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
7615	shall not be required. The final order of the Administration
7616	Commission is subject to appeal pursuant to s. 120.68. If the
7617	order of the Administration Commission is appealed, the time for
7618	the local government to amend its plan shall be tolled during
7619	the pendency of any local, state, or federal administrative or
7620	judicial proceeding relating to the military base reuse plan.
7621	Section 45.  Subsection (4) of section 290.0475, Florida
7622	Statutes, is amended to read:
7623	290.0475  Rejection of grant applications; penalties for
7624	failure to meet application conditions.-Applications received
7625	for funding under all program categories shall be rejected
7626	without scoring only in the event that any of the following
7627	circumstances arise:
7628	(4)  The application is not consistent with the local
7629	government's comprehensive plan adopted pursuant to s.
7630	163.3184(7).
7631	Section 46.  Paragraph (c) of subsection (3) of section
7632	311.07, Florida Statutes, is amended to read:
7633	311.07  Florida seaport transportation and economic
7634	development funding.-
7635	(3)
7636	(c)  To be eligible for consideration by the council
7637	pursuant to this section, a project must be consistent with the
7638	port comprehensive master plan which is incorporated as part of
7639	the approved local government comprehensive plan as required by
7640	s. 163.3178(2)(k) or other provisions of the Community Local
7641	Government Comprehensive Planning and Land Development
7642	Regulation Act, part II of chapter 163.
7643	Section 47.  Subsection (1) of section 331.319, Florida
7644	Statutes, is amended to read:
7645	331.319  Comprehensive planning; building and safety
7646	codes.-The board of directors may:
7647	(1)  Adopt, and from time to time review, amend,
7648	supplement, or repeal, a comprehensive general plan for the
7649	physical development of the area within the spaceport territory
7650	in accordance with the objectives and purposes of this act and
7651	consistent with the comprehensive plans of the applicable county
7652	or counties and municipality or municipalities adopted pursuant
7653	to the Community Local Government Comprehensive Planning and
7654	Land Development Regulation Act, part II of chapter 163.
7655	Section 48.  Paragraph (e) of subsection (5) of section
7656	339.155, Florida Statutes, is amended to read:
7657	339.155  Transportation planning.-
7658	(5)  ADDITIONAL TRANSPORTATION PLANS.-
7659	(e)  The regional transportation plan developed pursuant to
7660	this section must, at a minimum, identify regionally significant
7661	transportation facilities located within a regional
7662	transportation area and contain a prioritized list of regionally
7663	significant projects. The level-of-service standards for
7664	facilities to be funded under this subsection shall be adopted
7665	by the appropriate local government in accordance with s.
7666	163.3180(10). The projects shall be adopted into the capital
7667	improvements schedule of the local government comprehensive plan
7668	pursuant to s. 163.3177(3).
7669	Section 49.  Paragraph (a) of subsection (4) of section
7670	339.2819, Florida Statutes, is amended to read:
7671	339.2819  Transportation Regional Incentive Program.-
7672	(4)(a)  Projects to be funded with Transportation Regional
7673	Incentive Program funds shall, at a minimum:
7674	1.  Support those transportation facilities that serve
7675	national, statewide, or regional functions and function as an
7676	integrated regional transportation system.
7677	2.  Be identified in the capital improvements element of a
7678	comprehensive plan that has been determined to be in compliance
7679	with part II of chapter 163, after July 1, 2005, or to implement
7680	a long-term concurrency management system adopted by a local
7681	government in accordance with s. 163.3180(9). Further, the
7682	project shall be in compliance with local government
7683	comprehensive plan policies relative to corridor management.
7684	3.  Be consistent with the Strategic Intermodal System Plan
7685	developed under s. 339.64.
7686	4.  Have a commitment for local, regional, or private
7687	financial matching funds as a percentage of the overall project
7688	cost.
7689	Section 50.  Subsection (5) of section 369.303, Florida
7690	Statutes, is amended to read:
7691	369.303  Definitions.-As used in this part:
7692	(5)  "Land development regulation" means a regulation
7693	covered by the definition in s. 163.3164(23) and any of the
7694	types of regulations described in s. 163.3202.
7695	Section 51.  Subsections (5) and (7) of section 369.321,
7696	Florida Statutes, are amended to read:
7697	369.321  Comprehensive plan amendments.-Except as otherwise
7698	expressly provided, by January 1, 2006, each local government
7699	within the Wekiva Study Area shall amend its local government
7700	comprehensive plan to include the following:
7701	(5)  Comprehensive plans and comprehensive plan amendments
7702	adopted by the local governments to implement this section shall
7703	be reviewed by the Department of Community Affairs pursuant to
7704	s. 163.3184, and shall be exempt from the provisions of s.
7705	163.3187(1).
7706	(7)  During the period prior to the adoption of the
7707	comprehensive plan amendments required by this act, any local
7708	comprehensive plan amendment adopted by a city or county that
7709	applies to land located within the Wekiva Study Area shall
7710	protect surface and groundwater resources and be reviewed by the
7711	Department of Community Affairs, pursuant to chapter 163 and
7712	chapter 9J-5, Florida Administrative Code, using best available
7713	data, including the information presented to the Wekiva River
7714	Basin Coordinating Committee.
7715	Section 52.  Subsection (1) of section 378.021, Florida
7716	Statutes, is amended to read:
7717	378.021  Master reclamation plan.-
7718	(1)  The Department of Environmental Protection shall amend
7719	the master reclamation plan that provides guidelines for the
7720	reclamation of lands mined or disturbed by the severance of
7721	phosphate rock prior to July 1, 1975, which lands are not
7722	subject to mandatory reclamation under part II of chapter 211.
7723	In amending the master reclamation plan, the Department of
7724	Environmental Protection shall continue to conduct an onsite
7725	evaluation of all lands mined or disturbed by the severance of
7726	phosphate rock prior to July 1, 1975, which lands are not
7727	subject to mandatory reclamation under part II of chapter 211.
7728	The master reclamation plan when amended by the Department of
7729	Environmental Protection shall be consistent with local
7730	government plans prepared pursuant to the Community Local
7731	Government Comprehensive Planning and Land Development
7732	Regulation Act.
7733	Section 53.  Subsection (10) of section 380.031, Florida
7734	Statutes, is amended to read:
7735	380.031  Definitions.-As used in this chapter:
7736	(10)  "Local comprehensive plan" means any or all local
7737	comprehensive plans or elements or portions thereof prepared,
7738	adopted, or amended pursuant to the Community Local Government
7739	Comprehensive Planning and Land Development Regulation Act, as
7740	amended.
7741	Section 54.  Paragraph (d) of subsection (2), paragraph (b)
7742	of subsection (6), paragraphs (c) and (e) of subsection (19),
7743	subsection (24), paragraph (e) of subsection (28), and
7744	paragraphs (a), (d), and (e) of subsection (29) of section
7745	380.06, Florida Statutes, are amended, and subsection (30) is
7746	added to that section, to read:
7747	380.06  Developments of regional impact.-
7748	(2)  STATEWIDE GUIDELINES AND STANDARDS.-
7749	(d)  The guidelines and standards shall be applied as
7750	follows:
7751	1.  Fixed thresholds.-
7752	a.  A development that is below 100 percent of all
7753	numerical thresholds in the guidelines and standards shall not
7754	be required to undergo development-of-regional-impact review.
7755	b.  A development that is at or above 120 percent of any
7756	numerical threshold shall be required to undergo development-of-
7757	regional-impact review.
7758	c.  Projects certified under s. 403.973 which create at
7759	least 100 jobs and meet the criteria of the Office of Tourism,
7760	Trade, and Economic Development as to their impact on an area's
7761	economy, employment, and prevailing wage and skill levels that
7762	are at or below 100 percent of the numerical thresholds for
7763	industrial plants, industrial parks, distribution, warehousing
7764	or wholesaling facilities, office development or multiuse
7765	projects other than residential, as described in s.
7766	380.0651(3)(c), (d), and (f)(h), are not required to undergo
7767	development-of-regional-impact review.
7768	2.  Rebuttable presumption.-It shall be presumed that a
7769	development that is at 100 percent or between 100 and 120
7770	percent of a numerical threshold shall be required to undergo
7771	development-of-regional-impact review.
7772	Section 55.  Paragraph (b) of subsection (6), paragraph (g)
7773	of subsection (15), paragraphs (b), (c), and (e) of subsection
7774	(19), subsection (24), paragraph (e) of subsection (28), and
7775	paragraphs (a), (d), and (e) of subsection (29) of section
7776	380.06, Florida Statutes, are amended, and subsection (30) is
7777	added to that section, to read:
7778	(6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7779	PLAN AMENDMENTS.-
7780	(b)  Any local government comprehensive plan amendments
7781	related to a proposed development of regional impact, including
7782	any changes proposed under subsection (19), may be initiated by
7783	a local planning agency or the developer and must be considered
7784	by the local governing body at the same time as the application
7785	for development approval using the procedures provided for local
7786	plan amendment in s. 163.3187 or s. 163.3189 and applicable
7787	local ordinances, without regard to statutory or local ordinance
7788	limits on the frequency of consideration of amendments to the
7789	local comprehensive plan. Nothing in This paragraph does not
7790	shall be deemed to require favorable consideration of a plan
7791	amendment solely because it is related to a development of
7792	regional impact. The procedure for processing such comprehensive
7793	plan amendments is as follows:
7794	1.  If a developer seeks a comprehensive plan amendment
7795	related to a development of regional impact, the developer must
7796	so notify in writing the regional planning agency, the
7797	applicable local government, and the state land planning agency
7798	no later than the date of preapplication conference or the
7799	submission of the proposed change under subsection (19).
7800	2.  When filing the application for development approval or
7801	the proposed change, the developer must include a written
7802	request for comprehensive plan amendments that would be
7803	necessitated by the development-of-regional-impact approvals
7804	sought. That request must include data and analysis upon which
7805	the applicable local government can determine whether to
7806	transmit the comprehensive plan amendment pursuant to s.
7807	163.3184.
7808	3.  The local government must advertise a public hearing on
7809	the transmittal within 30 days after filing the application for
7810	development approval or the proposed change and must make a
7811	determination on the transmittal within 60 days after the
7812	initial filing unless that time is extended by the developer.
7813	4.  If the local government approves the transmittal,
7814	procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7815	followed.
7816	5.  Notwithstanding subsection (11) or subsection (19), the
7817	local government may not hold a public hearing on the
7818	application for development approval or the proposed change or
7819	on the comprehensive plan amendments sooner than 30 days from
7820	receipt of the response from the state land planning agency
7821	pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7822	local governments to adopt, adopt with changes, or not adopt
7823	plan amendments pursuant to s. 163.3184(7) shall not apply to
7824	concurrent plan amendments provided for in this subsection.
7825	6.  The local government must hear both the application for
7826	development approval or the proposed change and the
7827	comprehensive plan amendments at the same hearing. However, the
7828	local government must take action separately on the application
7829	for development approval or the proposed change and on the
7830	comprehensive plan amendments.
7831	7.  Thereafter, the appeal process for the local government
7832	development order must follow the provisions of s. 380.07, and
7833	the compliance process for the comprehensive plan amendments
7834	must follow the provisions of s. 163.3184.
7835	(15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-
7836	(g)  A local government shall not issue permits for
7837	development subsequent to the buildout date contained in the
7838	development order unless:
7839	1.  The proposed development has been evaluated
7840	cumulatively with existing development under the substantial
7841	deviation provisions of subsection (19) subsequent to the
7842	termination or expiration date;
7843	2.  The proposed development is consistent with an
7844	abandonment of development order that has been issued in
7845	accordance with the provisions of subsection (26);
7846	3.  The development of regional impact is essentially built
7847	out, in that all the mitigation requirements in the development
7848	order have been satisfied, all developers are in compliance with
7849	all applicable terms and conditions of the development order
7850	except the buildout date, and the amount of proposed development
7851	that remains to be built is less than 40 20 percent of any
7852	applicable development-of-regional-impact threshold; or
7853	4.  The project has been determined to be an essentially
7854	built-out development of regional impact through an agreement
7855	executed by the developer, the state land planning agency, and
7856	the local government, in accordance with s. 380.032, which will
7857	establish the terms and conditions under which the development
7858	may be continued. If the project is determined to be essentially
7859	built out, development may proceed pursuant to the s. 380.032
7860	agreement after the termination or expiration date contained in
7861	the development order without further development-of-regional-
7862	impact review subject to the local government comprehensive plan
7863	and land development regulations or subject to a modified
7864	development-of-regional-impact analysis. As used in this
7865	paragraph, an "essentially built-out" development of regional
7866	impact means:
7867	a.  The developers are in compliance with all applicable
7868	terms and conditions of the development order except the
7869	buildout date; and
7870	b.(I)  The amount of development that remains to be built
7871	is less than the substantial deviation threshold specified in
7872	paragraph (19)(b) for each individual land use category, or, for
7873	a multiuse development, the sum total of all unbuilt land uses
7874	as a percentage of the applicable substantial deviation
7875	threshold is equal to or less than 100 percent; or
7876	(II)  The state land planning agency and the local
7877	government have agreed in writing that the amount of development
7878	to be built does not create the likelihood of any additional
7879	regional impact not previously reviewed.
7880
7881	The single-family residential portions of a development may be
7882	considered "essentially built out" if all of the workforce
7883	housing obligations and all of the infrastructure and horizontal
7884	development have been completed, at least 50 percent of the
7885	dwelling units have been completed, and more than 80 percent of
7886	the lots have been conveyed to third-party individual lot owners
7887	or to individual builders who own no more than 40 lots at the
7888	time of the determination. The mobile home park portions of a
7889	development may be considered "essentially built out" if all the
7890	infrastructure and horizontal development has been completed,
7891	and at least 50 percent of the lots are leased to individual
7892	mobile home owners.
7893	(19)  SUBSTANTIAL DEVIATIONS.-
7894	(b)  Any proposed change to a previously approved
7895	development of regional impact or development order condition
7896	which, either individually or cumulatively with other changes,
7897	exceeds any of the following criteria shall constitute a
7898	substantial deviation and shall cause the development to be
7899	subject to further development-of-regional-impact review without
7900	the necessity for a finding of same by the local government:
7901	1.  An increase in the number of parking spaces at an
7902	attraction or recreational facility by 15 10 percent or 500 330
7903	spaces, whichever is greater, or an increase in the number of
7904	spectators that may be accommodated at such a facility by 15 10
7905	percent or 1,500 1,100 spectators, whichever is greater.
7906	2.  A new runway, a new terminal facility, a 25-percent
7907	lengthening of an existing runway, or a 25-percent increase in
7908	the number of gates of an existing terminal, but only if the
7909	increase adds at least three additional gates.
7910	3.  An increase in industrial development area by 10
7911	percent or 35 acres, whichever is greater.
7912	4.  An increase in the average annual acreage mined by 10
7913	percent or 11 acres, whichever is greater, or an increase in the
7914	average daily water consumption by a mining operation by 10
7915	percent or 330,000 gallons, whichever is greater. A net increase
7916	in the size of the mine by 10 percent or 825 acres, whichever is
7917	less. For purposes of calculating any net increases in size,
7918	only additions and deletions of lands that have not been mined
7919	shall be considered. An increase in the size of a heavy mineral
7920	mine as defined in s. 378.403(7) will only constitute a
7921	substantial deviation if the average annual acreage mined is
7922	more than 550 acres and consumes more than 3.3 million gallons
7923	of water per day.
7924	3.5.  An increase in land area for office development by 15
7925	10 percent or an increase of gross floor area of office
7926	development by 15 10 percent or 100,000 66,000 gross square
7927	feet, whichever is greater.
7928	4.6.  An increase in the number of dwelling units by 10
7929	percent or 55 dwelling units, whichever is greater.
7930	5.7.  An increase in the number of dwelling units by 50
7931	percent or 200 units, whichever is greater, provided that 15
7932	percent of the proposed additional dwelling units are dedicated
7933	to affordable workforce housing, subject to a recorded land use
7934	restriction that shall be for a period of not less than 20 years
7935	and that includes resale provisions to ensure long-term
7936	affordability for income-eligible homeowners and renters and
7937	provisions for the workforce housing to be commenced prior to
7938	the completion of 50 percent of the market rate dwelling. For
7939	purposes of this subparagraph, the term "affordable workforce
7940	housing" means housing that is affordable to a person who earns
7941	less than 120 percent of the area median income, or less than
7942	140 percent of the area median income if located in a county in
7943	which the median purchase price for a single-family existing
7944	home exceeds the statewide median purchase price of a single-
7945	family existing home. For purposes of this subparagraph, the
7946	term "statewide median purchase price of a single-family
7947	existing home" means the statewide purchase price as determined
7948	in the Florida Sales Report, Single-Family Existing Homes,
7949	released each January by the Florida Association of Realtors and
7950	the University of Florida Real Estate Research Center.
7951	6.8.  An increase in commercial development by 60,000
7952	55,000 square feet of gross floor area or of parking spaces
7953	provided for customers for 425 330 cars or a 10-percent increase
7954	of either of these, whichever is greater.
7955	9.  An increase in hotel or motel rooms by 10 percent or 83
7956	rooms, whichever is greater.
7957	7.10.  An increase in a recreational vehicle park area by
7958	10 percent or 110 vehicle spaces, whichever is less.
7959	8.11.  A decrease in the area set aside for open space of 5
7960	percent or 20 acres, whichever is less.
7961	9.12.  A proposed increase to an approved multiuse
7962	development of regional impact where the sum of the increases of
7963	each land use as a percentage of the applicable substantial
7964	deviation criteria is equal to or exceeds 110 percent. The
7965	percentage of any decrease in the amount of open space shall be
7966	treated as an increase for purposes of determining when 110
7967	percent has been reached or exceeded.
7968	10.13.  A 15-percent increase in the number of external
7969	vehicle trips generated by the development above that which was
7970	projected during the original development-of-regional-impact
7971	review.
7972	11.14.  Any change which would result in development of any
7973	area which was specifically set aside in the application for
7974	development approval or in the development order for
7975	preservation or special protection of endangered or threatened
7976	plants or animals designated as endangered, threatened, or
7977	species of special concern and their habitat, any species
7978	protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
7979	archaeological and historical sites designated as significant by
7980	the Division of Historical Resources of the Department of State.
7981	The refinement of the boundaries and configuration of such areas
7982	shall be considered under sub-subparagraph (e)2.j.
7983
7984	The substantial deviation numerical standards in subparagraphs
7985	3., 6., and 5., 8., 9., and 12., excluding residential uses, and
7986	in subparagraph 10. 13., are increased by 100 percent for a
7987	project certified under s. 403.973 which creates jobs and meets
7988	criteria established by the Office of Tourism, Trade, and
7989	Economic Development as to its impact on an area's economy,
7990	employment, and prevailing wage and skill levels. The
7991	substantial deviation numerical standards in subparagraphs 3.,
7992	4. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50
7993	percent for a project located wholly within an urban infill and
7994	redevelopment area designated on the applicable adopted local
7995	comprehensive plan future land use map and not located within
7996	the coastal high hazard area.
7997	(c)  An extension of the date of buildout of a development,
7998	or any phase thereof, by more than 7 years is presumed to create
7999	a substantial deviation subject to further development-of-
8000	regional-impact review.
8001	1.  An extension of the date of buildout, or any phase
8002	thereof, of more than 5 years but not more than 7 years is
8003	presumed not to create a substantial deviation. The extension of
8004	the date of buildout of an areawide development of regional
8005	impact by more than 5 years but less than 10 years is presumed
8006	not to create a substantial deviation. These presumptions may be
8007	rebutted by clear and convincing evidence at the public hearing
8008	held by the local government. An extension of 5 years or less is
8009	not a substantial deviation.
8010	2.  In recognition of the 2011 real estate market
8011	conditions, at the option of the developer, all commencement,
8012	phase, buildout, and expiration dates for projects that are
8013	currently valid developments of regional impact are extended for
8014	4 years regardless of any previous extension. Associated
8015	mitigation requirements are extended for the same period unless
8016	a governmental entity notifies the developer by December 1,
8017	2011, that it has entered into a contract for construction of a
8018	facility with some or all of development's mitigation funds
8019	specified in the development order or a written agreement with
8020	the developer. The 4-year extension is not a substantial
8021	deviation, is not subject to further development-of-regional-
8022	impact review, and may not be considered when determining
8023	whether a subsequent extension is a substantial deviation under
8024	this subsection. The developer must notify the local government
8025	in writing by December 31, 2011, in order to receive the 4-year
8026	extension.
8027
8028	For the purpose of calculating when a buildout or phase date has
8029	been exceeded, the time shall be tolled during the pendency of
8030	administrative or judicial proceedings relating to development
8031	permits. Any extension of the buildout date of a project or a
8032	phase thereof shall automatically extend the commencement date
8033	of the project, the termination date of the development order,
8034	the expiration date of the development of regional impact, and
8035	the phases thereof if applicable by a like period of time. In
8036	recognition of the 2007 real estate market conditions, all
8037	phase, buildout, and expiration dates for projects that are
8038	developments of regional impact and under active construction on
8039	July 1, 2007, are extended for 3 years regardless of any prior
8040	extension. The 3-year extension is not a substantial deviation,
8041	is not subject to further development-of-regional-impact review,
8042	and may not be considered when determining whether a subsequent
8043	extension is a substantial deviation under this subsection.
8044	(e)1.  Except for a development order rendered pursuant to
8045	subsection (22) or subsection (25), a proposed change to a
8046	development order that individually or cumulatively with any
8047	previous change is less than any numerical criterion contained
8048	in subparagraphs (b)1.-10.1.-13. and does not exceed any other
8049	criterion, or that involves an extension of the buildout date of
8050	a development, or any phase thereof, of less than 5 years is not
8051	subject to the public hearing requirements of subparagraph
8052	(f)3., and is not subject to a determination pursuant to
8053	subparagraph (f)5. Notice of the proposed change shall be made
8054	to the regional planning council and the state land planning
8055	agency. Such notice shall include a description of previous
8056	individual changes made to the development, including changes
8057	previously approved by the local government, and shall include
8058	appropriate amendments to the development order.
8059	2.  The following changes, individually or cumulatively
8060	with any previous changes, are not substantial deviations:
8061	a.  Changes in the name of the project, developer, owner,
8062	or monitoring official.
8063	b.  Changes to a setback that do not affect noise buffers,
8064	environmental protection or mitigation areas, or archaeological
8065	or historical resources.
8066	c.  Changes to minimum lot sizes.
8067	d.  Changes in the configuration of internal roads that do
8068	not affect external access points.
8069	e.  Changes to the building design or orientation that stay
8070	approximately within the approved area designated for such
8071	building and parking lot, and which do not affect historical
8072	buildings designated as significant by the Division of
8073	Historical Resources of the Department of State.
8074	f.  Changes to increase the acreage in the development,
8075	provided that no development is proposed on the acreage to be
8076	added.
8077	g.  Changes to eliminate an approved land use, provided
8078	that there are no additional regional impacts.
8079	h.  Changes required to conform to permits approved by any
8080	federal, state, or regional permitting agency, provided that
8081	these changes do not create additional regional impacts.
8082	i.  Any renovation or redevelopment of development within a
8083	previously approved development of regional impact which does
8084	not change land use or increase density or intensity of use.
8085	j.  Changes that modify boundaries and configuration of
8086	areas described in subparagraph (b)11.14. due to science-based
8087	refinement of such areas by survey, by habitat evaluation, by
8088	other recognized assessment methodology, or by an environmental
8089	assessment. In order for changes to qualify under this sub-
8090	subparagraph, the survey, habitat evaluation, or assessment must
8091	occur prior to the time a conservation easement protecting such
8092	lands is recorded and must not result in any net decrease in the
8093	total acreage of the lands specifically set aside for permanent
8094	preservation in the final development order.
8095	k.  Any other change which the state land planning agency,
8096	in consultation with the regional planning council, agrees in
8097	writing is similar in nature, impact, or character to the
8098	changes enumerated in sub-subparagraphs a.-j. and which does not
8099	create the likelihood of any additional regional impact.
8100
8101	This subsection does not require the filing of a notice of
8102	proposed change but shall require an application to the local
8103	government to amend the development order in accordance with the
8104	local government's procedures for amendment of a development
8105	order. In accordance with the local government's procedures,
8106	including requirements for notice to the applicant and the
8107	public, the local government shall either deny the application
8108	for amendment or adopt an amendment to the development order
8109	which approves the application with or without conditions.
8110	Following adoption, the local government shall render to the
8111	state land planning agency the amendment to the development
8112	order. The state land planning agency may appeal, pursuant to s.
8113	380.07(3), the amendment to the development order if the
8114	amendment involves sub-subparagraph g., sub-subparagraph h.,
8115	sub-subparagraph j., or sub-subparagraph k., and it believes the
8116	change creates a reasonable likelihood of new or additional
8117	regional impacts.
8118	3.  Except for the change authorized by sub-subparagraph
8119	2.f., any addition of land not previously reviewed or any change
8120	not specified in paragraph (b) or paragraph (c) shall be
8121	presumed to create a substantial deviation. This presumption may
8122	be rebutted by clear and convincing evidence.
8123	4.  Any submittal of a proposed change to a previously
8124	approved development shall include a description of individual
8125	changes previously made to the development, including changes
8126	previously approved by the local government. The local
8127	government shall consider the previous and current proposed
8128	changes in deciding whether such changes cumulatively constitute
8129	a substantial deviation requiring further development-of-
8130	regional-impact review.
8131	5.  The following changes to an approved development of
8132	regional impact shall be presumed to create a substantial
8133	deviation. Such presumption may be rebutted by clear and
8134	convincing evidence.
8135	a.  A change proposed for 15 percent or more of the acreage
8136	to a land use not previously approved in the development order.
8137	Changes of less than 15 percent shall be presumed not to create
8138	a substantial deviation.
8139	b.  Notwithstanding any provision of paragraph (b) to the
8140	contrary, a proposed change consisting of simultaneous increases
8141	and decreases of at least two of the uses within an authorized
8142	multiuse development of regional impact which was originally
8143	approved with three or more uses specified in s. 380.0651(3)(c),
8144	(d), (e), and (f) and residential use.
8145	6.  If a local government agrees to a proposed change, a
8146	change in the transportation proportionate share calculation and
8147	mitigation plan in an adopted development order as a result of
8148	recalculation of the proportionate share contribution meeting
8149	the requirements of s. 163.3180(5)(h) in effect as of the date
8150	of such change shall be presumed not to create a substantial
8151	deviation. For purposes of this subsection, the proposed change
8152	in the proportionate share calculation or mitigation plan shall
8153	not be considered an additional regional transportation impact.
8154	(e)1.  Except for a development order rendered pursuant to
8155	subsection (22) or subsection (25), a proposed change to a
8156	development order that individually or cumulatively with any
8157	previous change is less than any numerical criterion contained
8158	in subparagraphs (b)1.-13. and does not exceed any other
8159	criterion, or that involves an extension of the buildout date of
8160	a development, or any phase thereof, of less than 5 years is not
8161	subject to the public hearing requirements of subparagraph
8162	(f)3., and is not subject to a determination pursuant to
8163	subparagraph (f)5. Notice of the proposed change shall be made
8164	to the regional planning council and the state land planning
8165	agency. Such notice shall include a description of previous
8166	individual changes made to the development, including changes
8167	previously approved by the local government, and shall include
8168	appropriate amendments to the development order.
8169	2.  The following changes, individually or cumulatively
8170	with any previous changes, are not substantial deviations:
8171	a.  Changes in the name of the project, developer, owner,
8172	or monitoring official.
8173	b.  Changes to a setback that do not affect noise buffers,
8174	environmental protection or mitigation areas, or archaeological
8175	or historical resources.
8176	c.  Changes to minimum lot sizes.
8177	d.  Changes in the configuration of internal roads that do
8178	not affect external access points.
8179	e.  Changes to the building design or orientation that stay
8180	approximately within the approved area designated for such
8181	building and parking lot, and which do not affect historical
8182	buildings designated as significant by the Division of
8183	Historical Resources of the Department of State.
8184	f.  Changes to increase the acreage in the development,
8185	provided that no development is proposed on the acreage to be
8186	added.
8187	g.  Changes to eliminate an approved land use, provided
8188	that there are no additional regional impacts.
8189	h.  Changes required to conform to permits approved by any
8190	federal, state, or regional permitting agency, provided that
8191	these changes do not create additional regional impacts.
8192	i.  Any renovation or redevelopment of development within a
8193	previously approved development of regional impact which does
8194	not change land use or increase density or intensity of use.
8195	j.  Changes that modify boundaries and configuration of
8196	areas described in subparagraph (b)14. due to science-based
8197	refinement of such areas by survey, by habitat evaluation, by
8198	other recognized assessment methodology, or by an environmental
8199	assessment. In order for changes to qualify under this sub-
8200	subparagraph, the survey, habitat evaluation, or assessment must
8201	occur prior to the time a conservation easement protecting such
8202	lands is recorded and must not result in any net decrease in the
8203	total acreage of the lands specifically set aside for permanent
8204	preservation in the final development order.
8205	k.  Any other change which the state land planning agency,
8206	in consultation with the regional planning council, agrees in
8207	writing is similar in nature, impact, or character to the
8208	changes enumerated in sub-subparagraphs a.-j. and which does not
8209	create the likelihood of any additional regional impact.
8210
8211	This subsection does not require the filing of a notice of
8212	proposed change but shall require an application to the local
8213	government to amend the development order in accordance with the
8214	local government's procedures for amendment of a development
8215	order. In accordance with the local government's procedures,
8216	including requirements for notice to the applicant and the
8217	public, the local government shall either deny the application
8218	for amendment or adopt an amendment to the development order
8219	which approves the application with or without conditions.
8220	Following adoption, the local government shall render to the
8221	state land planning agency the amendment to the development
8222	order. The state land planning agency may appeal, pursuant to s.
8223	380.07(3), the amendment to the development order if the
8224	amendment involves sub-subparagraph g., sub-subparagraph h.,
8225	sub-subparagraph j., or sub-subparagraph k., and it believes the
8226	change creates a reasonable likelihood of new or additional
8227	regional impacts.
8228	3.  Except for the change authorized by sub-subparagraph
8229	2.f., any addition of land not previously reviewed or any change
8230	not specified in paragraph (b) or paragraph (c) shall be
8231	presumed to create a substantial deviation. This presumption may
8232	be rebutted by clear and convincing evidence.
8233	4.  Any submittal of a proposed change to a previously
8234	approved development shall include a description of individual
8235	changes previously made to the development, including changes
8236	previously approved by the local government. The local
8237	government shall consider the previous and current proposed
8238	changes in deciding whether such changes cumulatively constitute
8239	a substantial deviation requiring further development-of-
8240	regional-impact review.
8241	5.  The following changes to an approved development of
8242	regional impact shall be presumed to create a substantial
8243	deviation. Such presumption may be rebutted by clear and
8244	convincing evidence.
8245	a.  A change proposed for 15 percent or more of the acreage
8246	to a land use not previously approved in the development order.
8247	Changes of less than 15 percent shall be presumed not to create
8248	a substantial deviation.
8249	b.  Notwithstanding any provision of paragraph (b) to the
8250	contrary, a proposed change consisting of simultaneous increases
8251	and decreases of at least two of the uses within an authorized
8252	multiuse development of regional impact which was originally
8253	approved with three or more uses specified in s. 380.0651(3)(c),
8254	(d), and (e), and (f) and residential use.
8255	(24)  STATUTORY EXEMPTIONS.-
8256	(a)  Any proposed hospital is exempt from the provisions of
8257	this section.
8258	(b)  Any proposed electrical transmission line or
8259	electrical power plant is exempt from the provisions of this
8260	section.
8261	(c)  Any proposed addition to an existing sports facility
8262	complex is exempt from the provisions of this section if the
8263	addition meets the following characteristics:
8264	1.  It would not operate concurrently with the scheduled
8265	hours of operation of the existing facility.
8266	2.  Its seating capacity would be no more than 75 percent
8267	of the capacity of the existing facility.
8268	3.  The sports facility complex property is owned by a
8269	public body prior to July 1, 1983.
8270
8271	This exemption does not apply to any pari-mutuel facility.
8272	(d)  Any proposed addition or cumulative additions
8273	subsequent to July 1, 1988, to an existing sports facility
8274	complex owned by a state university is exempt if the increased
8275	seating capacity of the complex is no more than 30 percent of
8276	the capacity of the existing facility.
8277	(e)  Any addition of permanent seats or parking spaces for
8278	an existing sports facility located on property owned by a
8279	public body prior to July 1, 1973, is exempt from the provisions
8280	of this section if future additions do not expand existing
8281	permanent seating or parking capacity more than 15 percent
8282	annually in excess of the prior year's capacity.
8283	(f)  Any increase in the seating capacity of an existing
8284	sports facility having a permanent seating capacity of at least
8285	50,000 spectators is exempt from the provisions of this section,
8286	provided that such an increase does not increase permanent
8287	seating capacity by more than 5 percent per year and not to
8288	exceed a total of 10 percent in any 5-year period, and provided
8289	that the sports facility notifies the appropriate local
8290	government within which the facility is located of the increase
8291	at least 6 months prior to the initial use of the increased
8292	seating, in order to permit the appropriate local government to
8293	develop a traffic management plan for the traffic generated by
8294	the increase. Any traffic management plan shall be consistent
8295	with the local comprehensive plan, the regional policy plan, and
8296	the state comprehensive plan.
8297	(g)  Any expansion in the permanent seating capacity or
8298	additional improved parking facilities of an existing sports
8299	facility is exempt from the provisions of this section, if the
8300	following conditions exist:
8301	1.a.  The sports facility had a permanent seating capacity
8302	on January 1, 1991, of at least 41,000 spectator seats;
8303	b.  The sum of such expansions in permanent seating
8304	capacity does not exceed a total of 10 percent in any 5-year
8305	period and does not exceed a cumulative total of 20 percent for
8306	any such expansions; or
8307	c.  The increase in additional improved parking facilities
8308	is a one-time addition and does not exceed 3,500 parking spaces
8309	serving the sports facility; and
8310	2.  The local government having jurisdiction of the sports
8311	facility includes in the development order or development permit
8312	approving such expansion under this paragraph a finding of fact
8313	that the proposed expansion is consistent with the
8314	transportation, water, sewer and stormwater drainage provisions
8315	of the approved local comprehensive plan and local land
8316	development regulations relating to those provisions.
8317
8318	Any owner or developer who intends to rely on this statutory
8319	exemption shall provide to the department a copy of the local
8320	government application for a development permit. Within 45 days
8321	of receipt of the application, the department shall render to
8322	the local government an advisory and nonbinding opinion, in
8323	writing, stating whether, in the department's opinion, the
8324	prescribed conditions exist for an exemption under this
8325	paragraph. The local government shall render the development
8326	order approving each such expansion to the department. The
8327	owner, developer, or department may appeal the local government
8328	development order pursuant to s. 380.07, within 45 days after
8329	the order is rendered. The scope of review shall be limited to
8330	the determination of whether the conditions prescribed in this
8331	paragraph exist. If any sports facility expansion undergoes
8332	development-of-regional-impact review, all previous expansions
8333	which were exempt under this paragraph shall be included in the
8334	development-of-regional-impact review.
8335	(h)  Expansion to port harbors, spoil disposal sites,
8336	navigation channels, turning basins, harbor berths, and other
8337	related inwater harbor facilities of ports listed in s.
8338	403.021(9)(b), port transportation facilities and projects
8339	listed in s. 311.07(3)(b), and intermodal transportation
8340	facilities identified pursuant to s. 311.09(3) are exempt from
8341	the provisions of this section when such expansions, projects,
8342	or facilities are consistent with comprehensive master plans
8343	that are in compliance with the provisions of s. 163.3178.
8344	(i)  Any proposed facility for the storage of any petroleum
8345	product or any expansion of an existing facility is exempt from
8346	the provisions of this section.
8347	(j)  Any renovation or redevelopment within the same land
8348	parcel which does not change land use or increase density or
8349	intensity of use.
8350	(k)  Waterport and marina development, including dry
8351	storage facilities, are exempt from the provisions of this
8352	section.
8353	(l)  Any proposed development within an urban service
8354	boundary established under s. 163.3177(14), which is not
8355	otherwise exempt pursuant to subsection (29), is exempt from the
8356	provisions of this section if the local government having
8357	jurisdiction over the area where the development is proposed has
8358	adopted the urban service boundary, has entered into a binding
8359	agreement with jurisdictions that would be impacted and with the
8360	Department of Transportation regarding the mitigation of impacts
8361	on state and regional transportation facilities, and has adopted
8362	a proportionate share methodology pursuant to s. 163.3180(16).
8363	(m)  Any proposed development within a rural land
8364	stewardship area created under s. 163.3248 163.3177(11)(d) is
8365	exempt from the provisions of this section if the local
8366	government that has adopted the rural land stewardship area has
8367	entered into a binding agreement with jurisdictions that would
8368	be impacted and the Department of Transportation regarding the
8369	mitigation of impacts on state and regional transportation
8370	facilities, and has adopted a proportionate share methodology
8371	pursuant to s. 163.3180(16).
8372	(n)  The establishment, relocation, or expansion of any
8373	military installation as defined in s. 163.3175, is exempt from
8374	this section.
8375	(o)  Any self-storage warehousing that does not allow
8376	retail or other services is exempt from this section.
8377	(p)  Any proposed nursing home or assisted living facility
8378	is exempt from this section.
8379	(q)  Any development identified in an airport master plan
8380	and adopted into the comprehensive plan pursuant to s.
8381	163.3177(6)(k) is exempt from this section.
8382	(r)  Any development identified in a campus master plan and
8383	adopted pursuant to s. 1013.30 is exempt from this section.
8384	(s)  Any development in a detailed specific area plan which
8385	is prepared and adopted pursuant to s. 163.3245 and adopted into
8386	the comprehensive plan is exempt from this section.
8387	(t)  Any proposed solid mineral mine and any proposed
8388	addition to, expansion of, or change to an existing solid
8389	mineral mine is exempt from this section. Proposed changes to
8390	any previously approved solid mineral mine development-of-
8391	regional-impact development orders having vested rights is not
8392	subject to further review or approval as a development-of-
8393	regional-impact or notice-of-proposed-change review or approval
8394	pursuant to subsection (19), except for those applications
8395	pending as of July 1, 2011, which shall be governed by s.
8396	380.115(2). Notwithstanding the foregoing, however, pursuant to
8397	s. 380.115(1), previously approved solid mineral mine
8398	development-of-regional-impact development orders shall continue
8399	to enjoy vested rights and continue to be effective unless
8400	rescinded by the developer. All local government regulations of
8401	proposed solid mineral mines shall be applicable to any new
8402	solid mineral mine or to any proposed addition to, expansion of,
8403	or change to an existing solid mineral mine.
8404	(u)  Notwithstanding any provisions in an agreement with or
8405	among a local government, regional agency, or the state land
8406	planning agency or in a local government's comprehensive plan to
8407	the contrary, a project no longer subject to development-of-
8408	regional-impact review under revised thresholds is not required
8409	to undergo such review.
8410	(v)(t)  Any development within a county with a research and
8411	education authority created by special act and that is also
8412	within a research and development park that is operated or
8413	managed by a research and development authority pursuant to part
8414	V of chapter 159 is exempt from this section.
8415
8416	If a use is exempt from review as a development of regional
8417	impact under paragraphs (a)-(u) (a)-(s), but will be part of a
8418	larger project that is subject to review as a development of
8419	regional impact, the impact of the exempt use must be included
8420	in the review of the larger project, unless such exempt use
8421	involves a development of regional impact that includes a
8422	landowner, tenant, or user that has entered into a funding
8423	agreement with the Office of Tourism, Trade, and Economic
8424	Development under the Innovation Incentive Program and the
8425	agreement contemplates a state award of at least $50 million.
8426	(28)  PARTIAL STATUTORY EXEMPTIONS.-
8427	(e)  The vesting provision of s. 163.3167(5)(8) relating to
8428	an authorized development of regional impact does shall not
8429	apply to those projects partially exempt from the development-
8430	of-regional-impact review process under paragraphs (a)-(d).
8431	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
8432	(a)  The following are exempt from this section:
8433	1.  Any proposed development in a municipality that has an
8434	average of at least 1,000 people per square mile of land area
8435	and a minimum total population of at least 5,000 qualifies as a
8436	dense urban land area as defined in s. 163.3164;
8437	2.  Any proposed development within a county, including the
8438	municipalities located in the county, that has an average of at
8439	least 1,000 people per square mile of land area qualifies as a
8440	dense urban land area as defined in s. 163.3164 and that is
8441	located within an urban service area as defined in s. 163.3164
8442	which has been adopted into the comprehensive plan; or
8443	3.  Any proposed development within a county, including the
8444	municipalities located therein, which has a population of at
8445	least 900,000, that has an average of at least 1,000 people per
8446	square mile of land area which qualifies as a dense urban land
8447	area under s. 163.3164, but which does not have an urban service
8448	area designated in the comprehensive plan; or
8449	4.  Any proposed development within a county, including the
8450	municipalities located therein, which has a population of at
8451	least 1 million and is located within an urban service area as
8452	defined in s. 163.3164 which has been adopted into the
8453	comprehensive plan.
8454
8455	The Office of Economic and Demographic Research within the
8456	Legislature shall annually calculate the population and density
8457	criteria needed to determine which jurisdictions meet the
8458	density criteria in subparagraphs 1.-4. by using the most recent
8459	land area data from the decennial census conducted by the Bureau
8460	of the Census of the United States Department of Commerce and
8461	the latest available population estimates determined pursuant to
8462	s. 186.901. If any local government has had an annexation,
8463	contraction, or new incorporation, the Office of Economic and
8464	Demographic Research shall determine the population density
8465	using the new jurisdictional boundaries as recorded in
8466	accordance with s. 171.091. The Office of Economic and
8467	Demographic Research shall annually submit to the state land
8468	planning agency by July 1 a list of jurisdictions that meet the
8469	total population and density criteria. The state land planning
8470	agency shall publish the list of jurisdictions on its Internet
8471	website within 7 days after the list is received. The
8472	designation of jurisdictions that meet the criteria of
8473	subparagraphs 1.-4. is effective upon publication on the state
8474	land planning agency's Internet website. If a municipality that
8475	has previously met the criteria no longer meets the criteria,
8476	the state land planning agency shall maintain the municipality
8477	on the list and indicate the year the jurisdiction last met the
8478	criteria. However, any proposed development of regional impact
8479	not within the established boundaries of a municipality at the
8480	time the municipality last met the criteria must meet the
8481	requirements of this section until such time as the municipality
8482	as a whole meets the criteria. Any county that meets the
8483	criteria shall remain on the list in accordance with the
8484	provisions of this paragraph. Any jurisdiction that was placed
8485	on the dense urban land area list before the effective date of
8486	this act shall remain on the list in accordance with the
8487	provisions of this paragraph.
8488	(d)  A development that is located partially outside an
8489	area that is exempt from the development-of-regional-impact
8490	program must undergo development-of-regional-impact review
8491	pursuant to this section. However, if the total acreage that is
8492	included within the area exempt from development-of-regional-
8493	impact review exceeds 85 percent of the total acreage and square
8494	footage of the approved development of regional impact, the
8495	development-of-regional-impact development order may be
8496	rescinded in both local governments pursuant to s. 380.115(1),
8497	unless the portion of the development outside the exempt area
8498	meets the threshold criteria of a development-of-regional-
8499	impact.
8500	(e)  In an area that is exempt under paragraphs (a)-(c),
8501	any previously approved development-of-regional-impact
8502	development orders shall continue to be effective, but the
8503	developer has the option to be governed by s. 380.115(1). A
8504	pending application for development approval shall be governed
8505	by s. 380.115(2). A development that has a pending application
8506	for a comprehensive plan amendment and that elects not to
8507	continue development-of-regional-impact review is exempt from
8508	the limitation on plan amendments set forth in s. 163.3187(1)
8509	for 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
8514	be applied in the manner described in s. 380.06(2) to determine
8515	whether the following developments shall be required to undergo
8516	development-of-regional-impact review:
8517	(a)  Airports.-
8518	1.  Any of the following airport construction projects
8519	shall be a development of regional impact:
8520	a.  A new commercial service or general aviation airport
8521	with paved runways.
8522	b.  A new commercial service or general aviation paved
8523	runway.
8524	c.  A new passenger terminal facility.
8525	2.  Lengthening of an existing runway by 25 percent or an
8526	increase in the number of gates by 25 percent or three gates,
8527	whichever is greater, on a commercial service airport or a
8528	general aviation airport with regularly scheduled flights is a
8529	development of regional impact. However, expansion of existing
8530	terminal facilities at a nonhub or small hub commercial service
8531	airport shall not be a development of regional impact.
8532	3.  Any airport development project which is proposed for
8533	safety, repair, or maintenance reasons alone and would not have
8534	the potential to increase or change existing types of aircraft
8535	activity is not a development of regional impact.
8536	Notwithstanding subparagraphs 1. and 2., renovation,
8537	modernization, or replacement of airport airside or terminal
8538	facilities that may include increases in square footage of such
8539	facilities but does not increase the number of gates or change
8540	the existing types of aircraft activity is not a development of
8541	regional impact.
8542	(b)  Attractions and recreation facilities.-Any sports,
8543	entertainment, amusement, or recreation facility, including, but
8544	not limited to, a sports arena, stadium, racetrack, tourist
8545	attraction, amusement park, or pari-mutuel facility, the
8546	construction 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
8550	spectators.
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
8554	spectators.
8555
8556	For purposes of this subsection, "serial performance facilities"
8557	means those using their parking areas or permanent seating more
8558	than one time per day on a regular or continuous basis.
8559	3.  For multiscreen movie theaters of at least 8 screens
8560	and 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
8563	spectators.
8564	(c)  Industrial plants, industrial parks, and distribution,
8565	warehousing or wholesaling facilities.-Any proposed industrial,
8566	manufacturing, or processing plant, or distribution,
8567	warehousing, or wholesaling facility, excluding wholesaling
8568	developments which deal primarily with the general public
8569	onsite, under common ownership, or any proposed industrial,
8570	manufacturing, or processing activity or distribution,
8571	warehousing, or wholesaling activity, excluding wholesaling
8572	activities which deal primarily with the general public onsite,
8573	which:
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
8577	park operated under common ownership, development plan, or
8578	management that:
8579	1.  Encompasses 300,000 or more square feet of gross floor
8580	area; or
8581	2.  Encompasses more than 600,000 square feet of gross
8582	floor area in a county with a population greater than 500,000
8583	and only in a geographic area specifically designated as highly
8584	suitable for increased threshold intensity in the approved local
8585	comprehensive plan.
8586	(d)(e)  Retail and service development.-Any proposed
8587	retail, service, or wholesale business establishment or group of
8588	establishments which deals primarily with the general public
8589	onsite, operated under one common property ownership,
8590	development plan, or management that:
8591	1.  Encompasses more than 400,000 square feet of gross
8592	area; 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
8596	to create or accommodate 350 or more units; or
8597	2.  Any proposed hotel or motel development that is planned
8598	to create or accommodate 750 or more units, in a county with a
8599	population greater than 500,000.
8600	(e)(g)  Recreational vehicle development.-Any proposed
8601	recreational vehicle development planned to create or
8602	accommodate 500 or more spaces.
8603	(f)(h)  Multiuse development.-Any proposed development with
8604	two or more land uses where the sum of the percentages of the
8605	appropriate thresholds identified in chapter 28-24, Florida
8606	Administrative Code, or this section for each land use in the
8607	development is equal to or greater than 145 percent. Any
8608	proposed development with three or more land uses, one of which
8609	is residential and contains at least 100 dwelling units or 15
8610	percent of the applicable residential threshold, whichever is
8611	greater, where the sum of the percentages of the appropriate
8612	thresholds identified in chapter 28-24, Florida Administrative
8613	Code, or this section for each land use in the development is
8614	equal to or greater than 160 percent. This threshold is in
8615	addition to, and does not preclude, a development from being
8616	required to undergo development-of-regional-impact review under
8617	any other threshold.
8618	(g)(i)  Residential development.-No rule may be adopted
8619	concerning residential developments which treats a residential
8620	development in one county as being located in a less populated
8621	adjacent county unless more than 25 percent of the development
8622	is located within 2 or less miles of the less populated adjacent
8623	county. The residential thresholds of adjacent counties with
8624	less population and a lower threshold shall not be controlling
8625	on any development wholly located within areas designated as
8626	rural areas of critical economic concern.
8627	(h)(j)  Workforce housing.-The applicable guidelines for
8628	residential development and the residential component for
8629	multiuse development shall be increased by 50 percent where the
8630	developer demonstrates that at least 15 percent of the total
8631	residential dwelling units authorized within the development of
8632	regional impact will be dedicated to affordable workforce
8633	housing, subject to a recorded land use restriction that shall
8634	be for a period of not less than 20 years and that includes
8635	resale provisions to ensure long-term affordability for income-
8636	eligible homeowners and renters and provisions for the workforce
8637	housing to be commenced prior to the completion of 50 percent of
8638	the market rate dwelling. For purposes of this paragraph, the
8639	term "affordable workforce housing" means housing that is
8640	affordable to a person who earns less than 120 percent of the
8641	area median income, or less than 140 percent of the area median
8642	income if located in a county in which the median purchase price
8643	for a single-family existing home exceeds the statewide median
8644	purchase price of a single-family existing home. For the
8645	purposes of this paragraph, the term "statewide median purchase
8646	price of a single-family existing home" means the statewide
8647	purchase price as determined in the Florida Sales Report,
8648	Single-Family Existing Homes, released each January by the
8649	Florida Association of Realtors and the University of Florida
8650	Real Estate Research Center.
8651	(i)(k)  Schools.-
8652	1.  The proposed construction of any public, private, or
8653	proprietary postsecondary educational campus which provides for
8654	a design population of more than 5,000 full-time equivalent
8655	students, or the proposed physical expansion of any public,
8656	private, or proprietary postsecondary educational campus having
8657	such a design population that would increase the population by
8658	at least 20 percent of the design population.
8659	2.  As used in this paragraph, "full-time equivalent
8660	student" means enrollment for 15 or more quarter hours during a
8661	single academic semester. In career centers or other
8662	institutions which do not employ semester hours or quarter hours
8663	in accounting for student participation, enrollment for 18
8664	contact hours shall be considered equivalent to one quarter
8665	hour, and enrollment for 27 contact hours shall be considered
8666	equivalent to one semester hour.
8667	3.  This paragraph does not apply to institutions which are
8668	the subject of a campus master plan adopted by the university
8669	board of trustees pursuant to s. 1013.30.
8670	(4)  Two or more developments, represented by their owners
8671	or developers to be separate developments, shall be aggregated
8672	and treated as a single development under this chapter when they
8673	are determined to be part of a unified plan of development and
8674	are physically proximate to one other.
8675	(a)  The criteria of three two of the following
8676	subparagraphs must be met in order for the state land planning
8677	agency to determine that there is a unified plan of development:
8678	1.a.  The same person has retained or shared control of the
8679	developments;
8680	b.  The same person has ownership or a significant legal or
8681	equitable interest in the developments; or
8682	c.  There is common management of the developments
8683	controlling the form of physical development or disposition of
8684	parcels of the development.
8685	2.  There is a reasonable closeness in time between the
8686	completion of 80 percent or less of one development and the
8687	submission to a governmental agency of a master plan or series
8688	of plans or drawings for the other development which is
8689	indicative of a common development effort.
8690	3.  A master plan or series of plans or drawings exists
8691	covering the developments sought to be aggregated which have
8692	been submitted to a local general-purpose government, water
8693	management district, the Florida Department of Environmental
8694	Protection, or the Division of Florida Condominiums, Timeshares,
8695	and Mobile Homes for authorization to commence development. The
8696	existence or implementation of a utility's master utility plan
8697	required by the Public Service Commission or general-purpose
8698	local government or a master drainage plan shall not be the sole
8699	determinant of the existence of a master plan.
8700	4.  The voluntary sharing of infrastructure that is
8701	indicative of a common development effort or is designated
8702	specifically to accommodate the developments sought to be
8703	aggregated, except that which was implemented because it was
8704	required by a local general-purpose government; water management
8705	district; the Department of Environmental Protection; the
8706	Division of Florida Condominiums, Timeshares, and Mobile Homes;
8707	or the Public Service Commission.
8708	4.5.  There is a common advertising scheme or promotional
8709	plan in effect for the developments sought to be aggregated.
8710	Section 57.  Subsection (17) of section 331.303, Florida
8711	Statutes, is amended to read:
8712	331.303  Definitions.-
8713	(17)  "Spaceport launch facilities" means industrial
8714	facilities as described in s. 380.0651(3)(c), Florida Statutes
8715	2010, and include any launch pad, launch control center, and
8716	fixed launch-support equipment.
8717	Section 58.  Subsection (1) of section 380.115, Florida
8718	Statutes, is amended to read:
8719	380.115  Vested rights and duties; effect of size
8720	reduction, changes in guidelines and standards.-
8721	(1)  A change in a development-of-regional-impact guideline
8722	and standard does not abridge or modify any vested or other
8723	right or any duty or obligation pursuant to any development
8724	order or agreement that is applicable to a development of
8725	regional impact. A development that has received a development-
8726	of-regional-impact development order pursuant to s. 380.06, but
8727	is no longer required to undergo development-of-regional-impact
8728	review by operation of a change in the guidelines and standards
8729	or has reduced its size below the thresholds in s. 380.0651, or
8730	a development that is exempt pursuant to s. 380.06(29) shall be
8731	governed by the following procedures:
8732	(a)  The development shall continue to be governed by the
8733	development-of-regional-impact development order and may be
8734	completed in reliance upon and pursuant to the development order
8735	unless the developer or landowner has followed the procedures
8736	for rescission in paragraph (b). Any proposed changes to those
8737	developments which continue to be governed by a development
8738	order shall be approved pursuant to s. 380.06(19) as it existed
8739	prior to a change in the development-of-regional-impact
8740	guidelines and standards, except that all percentage criteria
8741	shall be doubled and all other criteria shall be increased by 10
8742	percent. The development-of-regional-impact development order
8743	may be enforced by the local government as provided by ss.
8744	380.06(17) and 380.11.
8745	(b)  If requested by the developer or landowner, the
8746	development-of-regional-impact development order shall be
8747	rescinded by the local government having jurisdiction upon a
8748	showing that all required mitigation related to the amount of
8749	development that existed on the date of rescission has been
8750	completed.
8751	Section 59.  Paragraph (a) of subsection (8) of section
8752	380.061, Florida Statutes, is amended to read:
8753	380.061  The Florida Quality Developments program.-
8754	(8)(a)  Any local government comprehensive plan amendments
8755	related to a Florida Quality Development may be initiated by a
8756	local planning agency and considered by the local governing body
8757	at the same time as the application for development approval,
8758	using the procedures provided for local plan amendment in s.
8759	163.3187 or s. 163.3189 and applicable local ordinances, without
8760	regard to statutory or local ordinance limits on the frequency
8761	of consideration of amendments to the local comprehensive plan.
8762	Nothing in this subsection shall be construed to require
8763	favorable consideration of a Florida Quality Development solely
8764	because 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
8768	development.-
8769	(2)  When a petition is filed, the state land planning
8770	agency shall have no more than 90 days to prepare and submit to
8771	the Administration Commission a report and recommendations on
8772	the proposed certification. In deciding whether to grant
8773	certification, the Administration Commission shall determine
8774	whether the following criteria are being met:
8775	(a)  The petitioning local government has adopted and
8776	effectively implemented a local comprehensive plan and
8777	development regulations which comply with ss. 163.3161-163.3215,
8778	the Community Local Government Comprehensive Planning and Land
8779	Development Regulation Act.
8780	(10)  The department shall submit an annual progress report
8781	to the President of the Senate and the Speaker of the House of
8782	Representatives by March 1 on the certification of local
8783	governments, stating which local governments have been
8784	certified. For those local governments which have applied for
8785	certification but for which certification has been denied, the
8786	department shall specify the reasons certification was denied.
8787	Section 61.  Section 380.0685, Florida Statutes, is amended
8788	to read:
8789	380.0685  State park in area of critical state concern in
8790	county which creates land authority; surcharge on admission and
8791	overnight occupancy.-The Department of Environmental Protection
8792	shall impose and collect a surcharge of 50 cents per person per
8793	day, or $5 per annual family auto entrance permit, on admission
8794	to all state parks in areas of critical state concern located in
8795	a county which creates a land authority pursuant to s.
8796	380.0663(1), and a surcharge of $2.50 per night per campsite,
8797	cabin, or other overnight recreational occupancy unit in state
8798	parks in areas of critical state concern located in a county
8799	which creates a land authority pursuant to s. 380.0663(1);
8800	however, no surcharge shall be imposed or collected under this
8801	section for overnight use by nonprofit groups of organized group
8802	camps, primitive camping areas, or other facilities intended
8803	primarily for organized group use. Such surcharges shall be
8804	imposed within 90 days after any county creating a land
8805	authority notifies the Department of Environmental Protection
8806	that the land authority has been created. The proceeds from such
8807	surcharges, less a collection fee that shall be kept by the
8808	Department of Environmental Protection for the actual cost of
8809	collection, not to exceed 2 percent, shall be transmitted to the
8810	land authority of the county from which the revenue was
8811	generated. Such funds shall be used to purchase property in the
8812	area or areas of critical state concern in the county from which
8813	the revenue was generated. An amount not to exceed 10 percent
8814	may be used for administration and other costs incident to such
8815	purchases. However, the proceeds of the surcharges imposed and
8816	collected pursuant to this section in a state park or parks
8817	located wholly within a municipality, less the costs of
8818	collection as provided herein, shall be transmitted to that
8819	municipality for use by the municipality for land acquisition or
8820	for beach renourishment or restoration, including, but not
8821	limited to, costs associated with any design, permitting,
8822	monitoring, and mitigation of such work, as well as the work
8823	itself. However, these funds may not be included in any
8824	calculation used for providing state matching funds for local
8825	contributions for beach renourishment or restoration. The
8826	surcharges levied under this section shall remain imposed as
8827	long as the land authority is in existence.
8828	Section 62.  Subsection (3) of section 380.115, Florida
8829	Statutes, is amended to read:
8830	380.115  Vested rights and duties; effect of size
8831	reduction, changes in guidelines and standards.-
8832	(3)  A landowner that has filed an application for a
8833	development-of-regional-impact review prior to the adoption of a
8834	an optional sector plan pursuant to s. 163.3245 may elect to
8835	have the application reviewed pursuant to s. 380.06,
8836	comprehensive plan provisions in force prior to adoption of the
8837	sector plan, and any requested comprehensive plan amendments
8838	that accompany the application.
8839	Section 63.  Subsection (1) of section 403.50665, Florida
8840	Statutes, is amended to read:
8841	403.50665  Land use consistency.-
8842	(1)  The applicant shall include in the application a
8843	statement on the consistency of the site and any associated
8844	facilities that constitute a "development," as defined in s.
8845	380.04, with existing land use plans and zoning ordinances that
8846	were in effect on the date the application was filed and a full
8847	description of such consistency. This information shall include
8848	an identification of those associated facilities that the
8849	applicant believes are exempt from the requirements of land use
8850	plans and zoning ordinances under the provisions of the
8851	Community Local Government Comprehensive Planning and Land
8852	Development Regulation Act provisions of chapter 163 and s.
8853	380.04(3).
8854	Section 64.  Subsection (13) and paragraph (a) of
8855	subsection (14) of section 403.973, Florida Statutes, are
8856	amended to read:
8857	403.973  Expedited permitting; amendments to comprehensive
8858	plans.-
8859	(13)  Notwithstanding any other provisions of law:
8860	(a)  Local comprehensive plan amendments for projects
8861	qualified under this section are exempt from the twice-a-year
8862	limits provision in s. 163.3187; and
8863	(b)  Projects qualified under this section are not subject
8864	to interstate highway level-of-service standards adopted by the
8865	Department of Transportation for concurrency purposes. The
8866	memorandum of agreement specified in subsection (5) must include
8867	a process by which the applicant will be assessed a fair share
8868	of the cost of mitigating the project's significant traffic
8869	impacts, as defined in chapter 380 and related rules. The
8870	agreement must also specify whether the significant traffic
8871	impacts on the interstate system will be mitigated through the
8872	implementation of a project or payment of funds to the
8873	Department of Transportation. Where funds are paid, the
8874	Department of Transportation must include in the 5-year work
8875	program transportation projects or project phases, in an amount
8876	equal to the funds received, to mitigate the traffic impacts
8877	associated with the proposed project.
8878	(14)(a)  Challenges to state agency action in the expedited
8879	permitting process for projects processed under this section are
8880	subject to the summary hearing provisions of s. 120.574, except
8881	that the administrative law judge's decision, as provided in s.
8882	120.574(2)(f), shall be in the form of a recommended order and
8883	do shall not constitute the final action of the state agency. In
8884	those proceedings where the action of only one agency of the
8885	state other than the Department of Environmental Protection is
8886	challenged, the agency of the state shall issue the final order
8887	within 45 working days after receipt of the administrative law
8888	judge's recommended order, and the recommended order shall
8889	inform the parties of their right to file exceptions or
8890	responses to the recommended order in accordance with the
8891	uniform rules of procedure pursuant to s. 120.54. In those
8892	proceedings where the actions of more than one agency of the
8893	state are challenged, the Governor shall issue the final order
8894	within 45 working days after receipt of the administrative law
8895	judge's recommended order, and the recommended order shall
8896	inform the parties of their right to file exceptions or
8897	responses to the recommended order in accordance with the
8898	uniform rules of procedure pursuant to s. 120.54. This paragraph
8899	does not apply to the issuance of department licenses required
8900	under any federally delegated or approved permit program. In
8901	such instances, the department shall enter the final order. The
8902	participating agencies of the state may opt at the preliminary
8903	hearing conference to allow the administrative law judge's
8904	decision to constitute the final agency action. If a
8905	participating local government agrees to participate in the
8906	summary hearing provisions of s. 120.574 for purposes of review
8907	of local government comprehensive plan amendments, s.
8908	163.3184(9) and (10) apply.
8909	Section 65.  Subsections (9) and (10) of section 420.5095,
8910	Florida Statutes, are amended to read:
8911	420.5095  Community Workforce Housing Innovation Pilot
8912	Program.-
8913	(9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
8914	local government comprehensive plan amendment to implement a
8915	Community Workforce Housing Innovation Pilot Program project
8916	found consistent with the provisions of this section shall be
8917	expedited as provided in this subsection. At least 30 days prior
8918	to adopting a plan amendment under this subsection, the local
8919	government shall notify the state land planning agency of its
8920	intent to adopt such an amendment, and the notice shall include
8921	its evaluation related to site suitability and availability of
8922	facilities and services. The public notice of the hearing
8923	required by s. 163.3184(11)(15)(b)2. shall include a statement
8924	that the local government intends to use the expedited adoption
8925	process authorized by this subsection. Such amendments shall
8926	require only a single public hearing before the governing board,
8927	which shall be an adoption hearing as described in s.
8928	163.3184(4)(e)(7). The state land planning agency shall issue
8929	its notice of intent pursuant to s. 163.3184(8) within 30 days
8930	after determining that the amendment package is complete. Any
8931	further proceedings shall be governed by s. ss. 163.3184(5)-
8932	(13)(9)-(16). Amendments proposed under this section are not
8933	subject to s. 163.3187(1), which limits the adoption of a
8934	comprehensive plan amendment to no more than two times during
8935	any calendar year.
8936	(10)  The processing of approvals of development orders or
8937	development permits, as defined in s. 163.3164(7) and (8), for
8938	innovative community workforce housing projects shall be
8939	expedited.
8940	Section 66.  Subsection (5) of section 420.615, Florida
8941	Statutes, is amended to read:
8942	420.615  Affordable housing land donation density bonus
8943	incentives.-
8944	(5)  The local government, as part of the approval process,
8945	shall adopt a comprehensive plan amendment, pursuant to part II
8946	of chapter 163, for the receiving land that incorporates the
8947	density bonus. Such amendment shall be adopted in the manner as
8948	required for small-scale amendments pursuant to s. 163.3187, is
8949	not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8950	and is exempt from the limitation on the frequency of plan
8951	amendments as provided in s. 163.3187.
8952	Section 67.  Subsection (16) of section 420.9071, Florida
8953	Statutes, is amended to read:
8954	420.9071  Definitions.-As used in ss. 420.907-420.9079, the
8955	term:
8956	(16)  "Local housing incentive strategies" means local
8957	regulatory reform or incentive programs to encourage or
8958	facilitate affordable housing production, which include at a
8959	minimum, assurance that permits as defined in s. 163.3164(7) and
8960	(8) for affordable housing projects are expedited to a greater
8961	degree than other projects; an ongoing process for review of
8962	local policies, ordinances, regulations, and plan provisions
8963	that increase the cost of housing prior to their adoption; and a
8964	schedule for implementing the incentive strategies. Local
8965	housing incentive strategies may also include other regulatory
8966	reforms, such as those enumerated in s. 420.9076 or those
8967	recommended by the affordable housing advisory committee in its
8968	triennial evaluation of the implementation of affordable housing
8969	incentives, and adopted by the local governing body.
8970	Section 68.  Paragraph (a) of subsection (4) of section
8971	420.9076, Florida Statutes, is amended to read:
8972	420.9076  Adoption of affordable housing incentive
8973	strategies; committees.-
8974	(4)  Triennially, the advisory committee shall review the
8975	established policies and procedures, ordinances, land
8976	development regulations, and adopted local government
8977	comprehensive plan of the appointing local government and shall
8978	recommend specific actions or initiatives to encourage or
8979	facilitate affordable housing while protecting the ability of
8980	the property to appreciate in value. The recommendations may
8981	include the modification or repeal of existing policies,
8982	procedures, ordinances, regulations, or plan provisions; the
8983	creation of exceptions applicable to affordable housing; or the
8984	adoption of new policies, procedures, regulations, ordinances,
8985	or plan provisions, including recommendations to amend the local
8986	government comprehensive plan and corresponding regulations,
8987	ordinances, and other policies. At a minimum, each advisory
8988	committee shall submit a report to the local governing body that
8989	includes recommendations on, and triennially thereafter
8990	evaluates the implementation of, affordable housing incentives
8991	in the following areas:
8992	(a)  The processing of approvals of development orders or
8993	permits, as defined in s. 163.3164(7) and (8), for affordable
8994	housing projects is expedited to a greater degree than other
8995	projects.
8996
8997	The advisory committee recommendations may also include other
8998	affordable housing incentives identified by the advisory
8999	committee. Local governments that receive the minimum allocation
9000	under the State Housing Initiatives Partnership Program shall
9001	perform the initial review but may elect to not perform the
9002	triennial review.
9003	Section 69.  Subsection (1) of section 720.403, Florida
9004	Statutes, is amended to read:
9005	720.403  Preservation of residential communities; revival
9006	of declaration of covenants.-
9007	(1)  Consistent with required and optional elements of
9008	local comprehensive plans and other applicable provisions of the
9009	Community Local Government Comprehensive Planning and Land
9010	Development Regulation Act, homeowners are encouraged to
9011	preserve existing residential communities, promote available and
9012	affordable housing, protect structural and aesthetic elements of
9013	their residential community, and, as applicable, maintain roads
9014	and streets, easements, water and sewer systems, utilities,
9015	drainage improvements, conservation and open areas, recreational
9016	amenities, and other infrastructure and common areas that serve
9017	and support the residential community by the revival of a
9018	previous declaration of covenants and other governing documents
9019	that may have ceased to govern some or all parcels in the
9020	community.
9021	Section 70.  Subsection (6) of section 1013.30, Florida
9022	Statutes, is amended to read:
9023	1013.30  University campus master plans and campus
9024	development agreements.-
9025	(6)  Before a campus master plan is adopted, a copy of the
9026	draft master plan must be sent for review or made available
9027	electronically to the host and any affected local governments,
9028	the state land planning agency, the Department of Environmental
9029	Protection, the Department of Transportation, the Department of
9030	State, the Fish and Wildlife Conservation Commission, and the
9031	applicable water management district and regional planning
9032	council. At the request of a governmental entity, a hard copy of
9033	the draft master plan shall be submitted within 7 business days
9034	of an electronic copy being made available. These agencies must
9035	be given 90 days after receipt of the campus master plans in
9036	which to conduct their review and provide comments to the
9037	university board of trustees. The commencement of this review
9038	period must be advertised in newspapers of general circulation
9039	within the host local government and any affected local
9040	government to allow for public comment. Following receipt and
9041	consideration of all comments and the holding of an informal
9042	information session and at least two public hearings within the
9043	host jurisdiction, the university board of trustees shall adopt
9044	the campus master plan. It is the intent of the Legislature that
9045	the university board of trustees comply with the notice
9046	requirements set forth in s. 163.3184(11)(15) to ensure full
9047	public participation in this planning process. The informal
9048	public information session must be held before the first public
9049	hearing. The first public hearing shall be held before the draft
9050	master plan is sent to the agencies specified in this
9051	subsection. The second public hearing shall be held in
9052	conjunction with the adoption of the draft master plan by the
9053	university board of trustees. Campus master plans developed
9054	under this section are not rules and are not subject to chapter
9055	120 except as otherwise provided in this section.
9056	Section 71.  Section 1013.33, Florida Statutes, are amended
9057	to read:
9058	1013.33  Coordination of planning with local governing
9059	bodies.-
9060	(1)  It is the policy of this state to require the
9061	coordination of planning between boards and local governing
9062	bodies to ensure that plans for the construction and opening of
9063	public educational facilities are facilitated and coordinated in
9064	time and place with plans for residential development,
9065	concurrently with other necessary services. Such planning shall
9066	include the integration of the educational facilities plan and
9067	applicable policies and procedures of a board with the local
9068	comprehensive plan and land development regulations of local
9069	governments. The planning must include the consideration of
9070	allowing students to attend the school located nearest their
9071	homes when a new housing development is constructed near a
9072	county boundary and it is more feasible to transport the
9073	students a short distance to an existing facility in an adjacent
9074	county than to construct a new facility or transport students
9075	longer distances in their county of residence. The planning must
9076	also consider the effects of the location of public education
9077	facilities, including the feasibility of keeping central city
9078	facilities viable, in order to encourage central city
9079	redevelopment and the efficient use of infrastructure and to
9080	discourage uncontrolled urban sprawl. In addition, all parties
9081	to the planning process must consult with state and local road
9082	departments to assist in implementing the Safe Paths to Schools
9083	program administered by the Department of Transportation.
9084	(2)(a)  The school board, county, and nonexempt
9085	municipalities located within the geographic area of a school
9086	district shall enter into an interlocal agreement that jointly
9087	establishes the specific ways in which the plans and processes
9088	of the district school board and the local governments are to be
9089	coordinated. The interlocal agreements shall be submitted to the
9090	state land planning agency and the Office of Educational
9091	Facilities in accordance with a schedule published by the state
9092	land planning agency.
9093	(b)  The schedule must establish staggered due dates for
9094	submission of interlocal agreements that are executed by both
9095	the local government and district school board, commencing on
9096	March 1, 2003, and concluding by December 1, 2004, and must set
9097	the same date for all governmental entities within a school
9098	district. However, if the county where the school district is
9099	located contains more than 20 municipalities, the state land
9100	planning agency may establish staggered due dates for the
9101	submission of interlocal agreements by these municipalities. The
9102	schedule must begin with those areas where both the number of
9103	districtwide capital-outlay full-time-equivalent students equals
9104	80 percent or more of the current year's school capacity and the
9105	projected 5-year student growth rate is 1,000 or greater, or
9106	where the projected 5-year student growth rate is 10 percent or
9107	greater.
9108	(c)  If the student population has declined over the 5-year
9109	period preceding the due date for submittal of an interlocal
9110	agreement by the local government and the district school board,
9111	the local government and district school board may petition the
9112	state land planning agency for a waiver of one or more of the
9113	requirements of subsection (3). The waiver must be granted if
9114	the procedures called for in subsection (3) are unnecessary
9115	because of the school district's declining school age
9116	population, considering the district's 5-year work program
9117	prepared pursuant to s. 1013.35. The state land planning agency
9118	may modify or revoke the waiver upon a finding that the
9119	conditions upon which the waiver was granted no longer exist.
9120	The district school board and local governments must submit an
9121	interlocal agreement within 1 year after notification by the
9122	state land planning agency that the conditions for a waiver no
9123	longer exist.
9124	(d)  Interlocal agreements between local governments and
9125	district school boards adopted pursuant to s. 163.3177 before
9126	the effective date of subsections (2)-(7) (2)-(9) must be
9127	updated and executed pursuant to the requirements of subsections
9128	(2)-(7) (2)-(9), if necessary. Amendments to interlocal
9129	agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
9130	be submitted to the state land planning agency within 30 days
9131	after execution by the parties for review consistent with
9132	subsections (3) and (4). Local governments and the district
9133	school board in each school district are encouraged to adopt a
9134	single interlocal agreement in which all join as parties. The
9135	state land planning agency shall assemble and make available
9136	model interlocal agreements meeting the requirements of
9137	subsections (2)-(7) (2)-(9) and shall notify local governments
9138	and, jointly with the Department of Education, the district
9139	school boards of the requirements of subsections (2)-(7) (2)-
9140	(9), the dates for compliance, and the sanctions for
9141	noncompliance. The state land planning agency shall be available
9142	to informally review proposed interlocal agreements. If the
9143	state land planning agency has not received a proposed
9144	interlocal agreement for informal review, the state land
9145	planning agency shall, at least 60 days before the deadline for
9146	submission of the executed agreement, renotify the local
9147	government and the district school board of the upcoming
9148	deadline and the potential for sanctions.
9149	(3)  At a minimum, the interlocal agreement must address
9150	interlocal agreement requirements in s. 163.31777 and, if
9151	applicable, s. 163.3180(6)(13)(g), except for exempt local
9152	governments as provided in s. 163.3177(12), and must address the
9153	following issues:
9154	(a)  A process by which each local government and the
9155	district school board agree and base their plans on consistent
9156	projections of the amount, type, and distribution of population
9157	growth and student enrollment. The geographic distribution of
9158	jurisdiction-wide growth forecasts is a major objective of the
9159	process.
9160	(b)  A process to coordinate and share information relating
9161	to existing and planned public school facilities, including
9162	school renovations and closures, and local government plans for
9163	development and redevelopment.
9164	(c)  Participation by affected local governments with the
9165	district school board in the process of evaluating potential
9166	school closures, significant renovations to existing schools,
9167	and new school site selection before land acquisition. Local
9168	governments shall advise the district school board as to the
9169	consistency of the proposed closure, renovation, or new site
9170	with the local comprehensive plan, including appropriate
9171	circumstances and criteria under which a district school board
9172	may request an amendment to the comprehensive plan for school
9173	siting.
9174	(d)  A process for determining the need for and timing of
9175	onsite and offsite improvements to support new construction,
9176	proposed expansion, or redevelopment of existing schools. The
9177	process shall address identification of the party or parties
9178	responsible for the improvements.
9179	(e)  A process for the school board to inform the local
9180	government regarding the effect of comprehensive plan amendments
9181	on school capacity. The capacity reporting must be consistent
9182	with laws and rules regarding measurement of school facility
9183	capacity and must also identify how the district school board
9184	will meet the public school demand based on the facilities work
9185	program adopted pursuant to s. 1013.35.
9186	(f)  Participation of the local governments in the
9187	preparation of the annual update to the school board's 5-year
9188	district facilities work program and educational plant survey
9189	prepared pursuant to s. 1013.35.
9190	(g)  A process for determining where and how joint use of
9191	either school board or local government facilities can be shared
9192	for mutual benefit and efficiency.
9193	(h)  A procedure for the resolution of disputes between the
9194	district school board and local governments, which may include
9195	the dispute resolution processes contained in chapters 164 and
9196	186.
9197	(i)  An oversight process, including an opportunity for
9198	public participation, for the implementation of the interlocal
9199	agreement.
9200	(4)(a)  The Office of Educational Facilities shall submit
9201	any comments or concerns regarding the executed interlocal
9202	agreement to the state land planning agency within 30 days after
9203	receipt of the executed interlocal agreement. The state land
9204	planning agency shall review the executed interlocal agreement
9205	to determine whether it is consistent with the requirements of
9206	subsection (3), the adopted local government comprehensive plan,
9207	and other requirements of law. Within 60 days after receipt of
9208	an executed interlocal agreement, the state land planning agency
9209	shall publish a notice of intent in the Florida Administrative
9210	Weekly and shall post a copy of the notice on the agency's
9211	Internet site. The notice of intent must state that the
9212	interlocal agreement is consistent or inconsistent with the
9213	requirements of subsection (3) and this subsection as
9214	appropriate.
9215	(b)  The state land planning agency's notice is subject to
9216	challenge under chapter 120; however, an affected person, as
9217	defined in s. 163.3184(1)(a), has standing to initiate the
9218	administrative proceeding, and this proceeding is the sole means
9219	available to challenge the consistency of an interlocal
9220	agreement required by this section with the criteria contained
9221	in subsection (3) and this subsection. In order to have
9222	standing, each person must have submitted oral or written
9223	comments, recommendations, or objections to the local government
9224	or the school board before the adoption of the interlocal
9225	agreement by the district school board and local government. The
9226	district school board and local governments are parties to any
9227	such proceeding. In this proceeding, when the state land
9228	planning agency finds the interlocal agreement to be consistent
9229	with the criteria in subsection (3) and this subsection, the
9230	interlocal agreement must be determined to be consistent with
9231	subsection (3) and this subsection if the local government's and
9232	school board's determination of consistency is fairly debatable.
9233	When the state land planning agency finds the interlocal
9234	agreement to be inconsistent with the requirements of subsection
9235	(3) and this subsection, the local government's and school
9236	board's determination of consistency shall be sustained unless
9237	it is shown by a preponderance of the evidence that the
9238	interlocal agreement is inconsistent.
9239	(c)  If the state land planning agency enters a final order
9240	that finds that the interlocal agreement is inconsistent with
9241	the requirements of subsection (3) or this subsection, the state
9242	land planning agency shall forward it to the Administration
9243	Commission, which may impose sanctions against the local
9244	government pursuant to s. 163.3184(11) and may impose sanctions
9245	against the district school board by directing the Department of
9246	Education to withhold an equivalent amount of funds for school
9247	construction available pursuant to ss. 1013.65, 1013.68,
9248	1013.70, and 1013.72.
9249	(5)  If an executed interlocal agreement is not timely
9250	submitted to the state land planning agency for review, the
9251	state land planning agency shall, within 15 working days after
9252	the deadline for submittal, issue to the local government and
9253	the district school board a notice to show cause why sanctions
9254	should not be imposed for failure to submit an executed
9255	interlocal agreement by the deadline established by the agency.
9256	The agency shall forward the notice and the responses to the
9257	Administration Commission, which may enter a final order citing
9258	the failure to comply and imposing sanctions against the local
9259	government and district school board by directing the
9260	appropriate agencies to withhold at least 5 percent of state
9261	funds pursuant to s. 163.3184(11) and by directing the
9262	Department of Education to withhold from the district school
9263	board at least 5 percent of funds for school construction
9264	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
9265	1013.72.
9266	(6)  Any local government transmitting a public school
9267	element to implement school concurrency pursuant to the
9268	requirements of s. 163.3180 before the effective date of this
9269	section is not required to amend the element or any interlocal
9270	agreement to conform with the provisions of subsections (2)-(6)
9271	(2)-(8) if the element is adopted prior to or within 1 year
9272	after the effective date of subsections (2)-(6) (2)-(8) and
9273	remains in effect.
9274	(7)  Except as provided in subsection (8), municipalities
9275	meeting the exemption criteria in s. 163.3177(12) are exempt
9276	from the requirements of subsections (2), (3), and (4).
9277	(8)  At the time of the evaluation and appraisal report,
9278	each exempt municipality shall assess the extent to which it
9279	continues to meet the criteria for exemption under s.
9280	163.3177(12). If the municipality continues to meet these
9281	criteria, the municipality shall continue to be exempt from the
9282	interlocal agreement requirement. Each municipality exempt under
9283	s. 163.3177(12) must comply with the provisions of subsections
9284	(2)-(8) within 1 year after the district school board proposes,
9285	in its 5-year district facilities work program, a new school
9286	within the municipality's jurisdiction.
9287	(7)(9)  A board and the local governing body must share and
9288	coordinate information related to existing and planned school
9289	facilities; proposals for development, redevelopment, or
9290	additional development; and infrastructure required to support
9291	the school facilities, concurrent with proposed development. A
9292	school board shall use information produced by the demographic,
9293	revenue, and education estimating conferences pursuant to s.
9294	216.136 when preparing the district educational facilities plan
9295	pursuant to s. 1013.35, as modified and agreed to by the local
9296	governments, when provided by interlocal agreement, and the
9297	Office of Educational Facilities, in consideration of local
9298	governments' population projections, to ensure that the district
9299	educational facilities plan not only reflects enrollment
9300	projections but also considers applicable municipal and county
9301	growth and development projections. The projections must be
9302	apportioned geographically with assistance from the local
9303	governments using local government trend data and the school
9304	district student enrollment data. A school board is precluded
9305	from siting a new school in a jurisdiction where the school
9306	board has failed to provide the annual educational facilities
9307	plan for the prior year required pursuant to s. 1013.35 unless
9308	the failure is corrected.
9309	(8)(10)  The location of educational facilities shall be
9310	consistent with the comprehensive plan of the appropriate local
9311	governing body developed under part II of chapter 163 and
9312	consistent with the plan's implementing land development
9313	regulations.
9314	(9)(11)  To improve coordination relative to potential
9315	educational facility sites, a board shall provide written notice
9316	to the local government that has regulatory authority over the
9317	use of the land consistent with an interlocal agreement entered
9318	pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
9319	to acquiring or leasing property that may be used for a new
9320	public educational facility. The local government, upon receipt
9321	of this notice, shall notify the board within 45 days if the
9322	site proposed for acquisition or lease is consistent with the
9323	land use categories and policies of the local government's
9324	comprehensive plan. This preliminary notice does not constitute
9325	the local government's determination of consistency pursuant to
9326	subsection (10) (12).
9327	(10)(12)  As early in the design phase as feasible and
9328	consistent with an interlocal agreement entered pursuant to
9329	subsections (2)-(6) (2)-(8), but no later than 90 days before
9330	commencing construction, the district school board shall in
9331	writing request a determination of consistency with the local
9332	government's comprehensive plan. The local governing body that
9333	regulates the use of land shall determine, in writing within 45
9334	days after receiving the necessary information and a school
9335	board's request for a determination, whether a proposed
9336	educational facility is consistent with the local comprehensive
9337	plan and consistent with local land development regulations. If
9338	the determination is affirmative, school construction may
9339	commence and further local government approvals are not
9340	required, except as provided in this section. Failure of the
9341	local governing body to make a determination in writing within
9342	90 days after a district school board's request for a
9343	determination of consistency shall be considered an approval of
9344	the district school board's application. Campus master plans and
9345	development agreements must comply with the provisions of ss.
9346	1013.30 and 1013.63.
9347	(11)(13)  A local governing body may not deny the site
9348	applicant based on adequacy of the site plan as it relates
9349	solely to the needs of the school. If the site is consistent
9350	with the comprehensive plan's land use policies and categories
9351	in which public schools are identified as allowable uses, the
9352	local government may not deny the application but it may impose
9353	reasonable development standards and conditions in accordance
9354	with s. 1013.51(1) and consider the site plan and its adequacy
9355	as it relates to environmental concerns, health, safety and
9356	welfare, and effects on adjacent property. Standards and
9357	conditions may not be imposed which conflict with those
9358	established in this chapter or the Florida Building Code, unless
9359	mutually agreed and consistent with the interlocal agreement
9360	required by subsections (2)-(6) (2)-(8).
9361	(12)(14)  This section does not prohibit a local governing
9362	body and district school board from agreeing and establishing an
9363	alternative process for reviewing a proposed educational
9364	facility and site plan, and offsite impacts, pursuant to an
9365	interlocal agreement adopted in accordance with subsections (2)-
9366	(6) (2)-(8).
9367	(13)(15)  Existing schools shall be considered consistent
9368	with the applicable local government comprehensive plan adopted
9369	under part II of chapter 163. If a board submits an application
9370	to expand an existing school site, the local governing body may
9371	impose reasonable development standards and conditions on the
9372	expansion only, and in a manner consistent with s. 1013.51(1).
9373	Standards and conditions may not be imposed which conflict with
9374	those established in this chapter or the Florida Building Code,
9375	unless mutually agreed. Local government review or approval is
9376	not required for:
9377	(a)  The placement of temporary or portable classroom
9378	facilities; or
9379	(b)  Proposed renovation or construction on existing school
9380	sites, with the exception of construction that changes the
9381	primary use of a facility, includes stadiums, or results in a
9382	greater than 5 percent increase in student capacity, or as
9383	mutually agreed upon, pursuant to an interlocal agreement
9384	adopted in accordance with subsections (2)-(6)(8).
9385	Section 72.  Paragraph (b) of subsection (2) of section
9386	1013.35, Florida Statutes, is amended to read:
9387	1013.35  School district educational facilities plan;
9388	definitions; preparation, adoption, and amendment; long-term
9389	work programs.-
9390	(2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
9391	FACILITIES PLAN.-
9392	(b)  The plan must also include a financially feasible
9393	district facilities work program for a 5-year period. The work
9394	program must include:
9395	1.  A schedule of major repair and renovation projects
9396	necessary to maintain the educational facilities and ancillary
9397	facilities of the district.
9398	2.  A schedule of capital outlay projects necessary to
9399	ensure the availability of satisfactory student stations for the
9400	projected student enrollment in K-12 programs. This schedule
9401	shall consider:
9402	a.  The locations, capacities, and planned utilization
9403	rates of current educational facilities of the district. The
9404	capacity of existing satisfactory facilities, as reported in the
9405	Florida Inventory of School Houses must be compared to the
9406	capital outlay full-time-equivalent student enrollment as
9407	determined by the department, including all enrollment used in
9408	the calculation of the distribution formula in s. 1013.64.
9409	b.  The proposed locations of planned facilities, whether
9410	those locations are consistent with the comprehensive plans of
9411	all affected local governments, and recommendations for
9412	infrastructure and other improvements to land adjacent to
9413	existing facilities. The provisions of ss. 1013.33(10), (11),
9414	and (12), (13), and (14) and 1013.36 must be addressed for new
9415	facilities planned within the first 3 years of the work plan, as
9416	appropriate.
9417	c.  Plans for the use and location of relocatable
9418	facilities, leased facilities, and charter school facilities.
9419	d.  Plans for multitrack scheduling, grade level
9420	organization, block scheduling, or other alternatives that
9421	reduce the need for additional permanent student stations.
9422	e.  Information concerning average class size and
9423	utilization rate by grade level within the district which will
9424	result if the tentative district facilities work program is
9425	fully implemented.
9426	f.  The number and percentage of district students planned
9427	to be educated in relocatable facilities during each year of the
9428	tentative district facilities work program. For determining
9429	future needs, student capacity may not be assigned to any
9430	relocatable classroom that is scheduled for elimination or
9431	replacement with a permanent educational facility in the current
9432	year of the adopted district educational facilities plan and in
9433	the district facilities work program adopted under this section.
9434	Those relocatable classrooms clearly identified and scheduled
9435	for replacement in a school-board-adopted, financially feasible,
9436	5-year district facilities work program shall be counted at zero
9437	capacity at the time the work program is adopted and approved by
9438	the school board. However, if the district facilities work
9439	program is changed and the relocatable classrooms are not
9440	replaced as scheduled in the work program, the classrooms must
9441	be reentered into the system and be counted at actual capacity.
9442	Relocatable classrooms may not be perpetually added to the work
9443	program or continually extended for purposes of circumventing
9444	this section. All relocatable classrooms not identified and
9445	scheduled for replacement, including those owned, lease-
9446	purchased, or leased by the school district, must be counted at
9447	actual student capacity. The district educational facilities
9448	plan must identify the number of relocatable student stations
9449	scheduled for replacement during the 5-year survey period and
9450	the total dollar amount needed for that replacement.
9451	g.  Plans for the closure of any school, including plans
9452	for disposition of the facility or usage of facility space, and
9453	anticipated revenues.
9454	h.  Projects for which capital outlay and debt service
9455	funds accruing under s. 9(d), Art. XII of the State Constitution
9456	are to be used shall be identified separately in priority order
9457	on a project priority list within the district facilities work
9458	program.
9459	3.  The projected cost for each project identified in the
9460	district facilities work program. For proposed projects for new
9461	student stations, a schedule shall be prepared comparing the
9462	planned cost and square footage for each new student station, by
9463	elementary, middle, and high school levels, to the low, average,
9464	and high cost of facilities constructed throughout the state
9465	during the most recent fiscal year for which data is available
9466	from the Department of Education.
9467	4.  A schedule of estimated capital outlay revenues from
9468	each currently approved source which is estimated to be
9469	available for expenditure on the projects included in the
9470	district facilities work program.
9471	5.  A schedule indicating which projects included in the
9472	district facilities work program will be funded from current
9473	revenues projected in subparagraph 4.
9474	6.  A schedule of options for the generation of additional
9475	revenues by the district for expenditure on projects identified
9476	in the district facilities work program which are not funded
9477	under subparagraph 5. Additional anticipated revenues may
9478	include effort index grants, SIT Program awards, and Classrooms
9479	First funds.
9480	Section 73.  Rules 9J-5 and 9J-11.023, Florida
9481	Administrative Code, are repealed, and the Department of State
9482	is directed to remove those rules from the Florida
9483	Administrative Code.
9484	Section 74.  (1)  Any permit or any other authorization
9485	that was extended beyond January 1, 2012, under section 14 of
9486	chapter 2009-96, Laws of Florida, as reauthorized by section 47
9487	of chapter 2010-147, Laws of Florida, and was ineligible for the
9488	permit extension granted by section 46 of chapter 2010-147, Laws
9489	of Florida, solely because of its extended expiration date, is
9490	extended and renewed for an additional period of 2 years after
9491	its previously scheduled expiration date. This extension is in
9492	addition to the 2-year permit extension provided under section
9493	14 of chapter 2009-96, Laws of Florida. This section does not
9494	prohibit conversion from the construction phase to the operation
9495	phase upon completion of construction.
9496	(2)  The commencement and completion dates for any required
9497	mitigation associated with a phased construction project shall
9498	be extended such that mitigation takes place in the same
9499	timeframe relative to the phase as originally permitted.
9500	(3)  The holder of a valid permit or other authorization
9501	that is eligible for the 2-year extension shall notify the
9502	authorizing agency in writing by December 31, 2011, identifying
9503	the specific authorization for which the holder intends to use
9504	the extension and the anticipated timeframe for acting on the
9505	authorization.
9506	(4)  The extension provided for in subsection (1) does not
9507	apply to:
9508	(a)  A permit or other authorization under any programmatic
9509	or regional general permit issued by the Army Corps of
9510	Engineers.
9511	(b)  A permit or other authorization held by an owner or
9512	operator determined to be in significant noncompliance with the
9513	conditions of the permit or authorization as established through
9514	the issuance of a warning letter or notice of violation, the
9515	initiation of formal enforcement, or other equivalent action by
9516	the authorizing agency.
9517	(c)  A permit or other authorization, if granted an
9518	extension, that would delay or prevent compliance with a court
9519	order.
9520	(5)  Permits extended under this section shall continue to
9521	be governed by rules in effect at the time the permit was
9522	issued, except if it is demonstrated that the rules in effect at
9523	the time the permit was issued would create an immediate threat
9524	to public safety or health. This subsection applies to any
9525	modification of the plans, terms, and conditions of the permit
9526	that lessens the environmental impact, except that any such
9527	modification may not extend the time limit beyond 2 additional
9528	years.
9529	(6)  This section does not impair the authority of a county
9530	or municipality to require the owner of a property that has
9531	notified the county or municipality of the owner's intention to
9532	receive the extension of time granted pursuant to this section
9533	to maintain and secure the property in a safe and sanitary
9534	condition in compliance with applicable laws and ordinances.
9535	Section 75.  (1)  The state land planning agency, within 60
9536	days after the effective date of this act, shall review any
9537	administrative or judicial proceeding filed by the agency and
9538	pending on the effective date of this act to determine whether
9539	the issues raised by the state land planning agency are
9540	consistent with the revised provisions of part II of chapter
9541	163, Florida Statutes. For each proceeding, if the agency
9542	determines that issues have been raised that are not consistent
9543	with the revised provisions of part II of chapter 163, Florida
9544	Statutes, the agency shall dismiss the proceeding. If the state
9545	land planning agency determines that one or more issues have
9546	been raised that are consistent with the revised provisions of
9547	part II of chapter 163, Florida Statutes, the agency shall amend
9548	its petition within 30 days after the determination to plead
9549	with particularity as to the manner in which the plan or plan
9550	amendment fails to meet the revised provisions of part II of
9551	chapter 163, Florida Statutes. If the agency fails to timely
9552	file such amended petition, the proceeding shall be dismissed.
9553	(2)  In all proceedings that were initiated by the state
9554	land planning agency before the effective date of this act, and
9555	continue after that date, the local government's determination
9556	that the comprehensive plan or plan amendment is in compliance
9557	is presumed to be correct, and the local government's
9558	determination shall be sustained unless it is shown by a
9559	preponderance of the evidence that the comprehensive plan or
9560	plan amendment is not in compliance.
9561	Section 76.  All local governments shall be governed by the
9562	revised provisions of s. 163.3191, Florida Statutes,
9563	notwithstanding a local government's previous failure to timely
9564	adopt its evaluation and appraisal report or evaluation and
9565	appraisal report-based amendments by the due dates established
9566	in Rule 9J-42, Florida Administrative Code.
9567	Section 77.  The Division of Statutory Revision is directed
9568	to replace the phrase "the effective date of this act" wherever
9569	it occurs in this act with the date this act becomes a law.
9570	Section 78.  This act shall take effect upon becoming a
9571	law.

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