Bill Text: FL S0842 | 2012 | Regular Session | Comm Sub
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2012-03-07 - Laid on Table, refer to CS/HB 7081 -SJ 916 [S0842 Detail]
Download: Florida-2012-S0842-Comm_Sub.html
Florida Senate - 2012 CS for CS for CS for SB 842
By the Committees on Budget Subcommittee on Transportation,
Tourism, and Economic Development Appropriations; Commerce and
Tourism; and Community Affairs; and Senator Bennett
606-04272-12 2012842c3
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3167, F.S.; authorizing a local government to
4 retain certain charter provisions that were in effect
5 as of a specified date and that relate to an
6 initiative or referendum process; amending s.
7 163.3174, F.S.; requiring a local land planning agency
8 to periodically evaluate and appraise a comprehensive
9 plan; amending s. 163.3175, F.S.; revising provisions
10 related to growth management; requiring comments by
11 military installations to be considered by local
12 governments in a manner consistent with s. 163.3184,
13 F.S.; specifying comments to be considered by the
14 local government; amending s. 163.3177, F.S.;
15 requiring estimates and projections of comprehensive
16 plans to be based upon publications by the Office of
17 Economic and Demographic Research; providing criteria
18 for population projections; revising the housing and
19 intergovernmental coordination elements of
20 comprehensive plans; amending s. 163.31777, F.S.;
21 exempting certain municipalities from public schools
22 interlocal-agreement requirements; providing
23 requirements for municipalities meeting the exemption
24 criteria; amending s. 163.3178, F.S.; replacing a
25 reference to the Department of Community Affairs with
26 the state land planning agency; deleting provisions
27 relating to the Coastal Resources Interagency
28 Management Committee; amending s. 163.3180, F.S.,
29 relating to concurrency; revising and providing
30 requirements relating to public facilities and
31 services, public education facilities, and local
32 school concurrency system requirements; deleting
33 provisions excluding a municipality that is not a
34 signatory to a certain interlocal agreement from
35 participating in a school concurrency system; amending
36 s. 163.3184, F.S.; revising provisions relating to the
37 expedited state review process for adoption of
38 comprehensive plan amendments; clarifying the time in
39 which a local government must transmit an amendment to
40 a comprehensive plan and supporting data and analyses
41 to the reviewing agencies; deleting the deadlines in
42 administrative challenges to comprehensive plans and
43 plan amendments for the entry of final orders and
44 referrals of recommended orders; specifying a deadline
45 for the state land planning agency to issue a notice
46 of intent after receiving a complete comprehensive
47 plan or plan amendment adopted pursuant to a
48 compliance agreement; amending s. 163.3191, F.S.;
49 conforming a cross-reference to changes made by the
50 act; amending s. 163.3245, F.S.; deleting an obsolete
51 cross-reference; deleting a reporting requirement
52 relating to optional sector plans; amending s.
53 186.002, F.S.; deleting a requirement for the Governor
54 to consider certain evaluation and appraisal reports
55 in preparing certain plans and amendments; amending s.
56 186.007, F.S.; deleting a requirement for the Governor
57 to consider certain evaluation and appraisal reports
58 when reviewing the state comprehensive plan; amending
59 s. 186.505, F.S.; authorizing a regional planning
60 council to provide consulting services to a private
61 developer or landowner under certain circumstances;
62 amending s. 186.508, F.S.; requiring that regional
63 planning councils coordinate implementation of the
64 strategic regional policy plans with the evaluation
65 and appraisal process; amending s. 189.415, F.S.;
66 requiring an independent special district to update
67 its public facilities report every 7 years and at
68 least 12 months before the submission date of the
69 evaluation and appraisal notification letter;
70 requiring the Department of Economic Opportunity to
71 post a schedule of the due dates for public facilities
72 reports and updates that independent special districts
73 must provide to local governments; amending s.
74 288.975, F.S.; deleting a provision exempting local
75 government plan amendments necessary to initially
76 adopt the military base reuse plan from a limitation
77 on the frequency of plan amendments; amending s.
78 380.06, F.S.; correcting cross-references; amending s.
79 380.115, F.S.; adding a cross-reference for exempt
80 developments; amending s. 1013.33, F.S.; deleting
81 redundant requirements for interlocal agreements
82 relating to public education facilities; amending s.
83 1013.35, F.S.; deleting a cross-reference to conform
84 to changes made by the act; amending s. 1013.351,
85 F.S.; deleting redundant requirements for the
86 submission of certain interlocal agreements to the
87 Office of Educational Facilities and the state land
88 planning agency and for review of the interlocal
89 agreement by the office and the agency; amending s.
90 1013.36, F.S.; deleting an obsolete cross-reference;
91 providing an effective date.
92
93 Be It Enacted by the Legislature of the State of Florida:
94
95 Section 1. Subsection (8) of section 163.3167, Florida
96 Statutes, is amended to read:
97 163.3167 Scope of act.—
98 (8) An initiative or referendum process in regard to any
99 development order or in regard to any local comprehensive plan
100 amendment or map amendment is prohibited. However, any local
101 government charter provision that was in effect as of June 1,
102 2011, for an initiative or referendum process in regard to
103 development orders or in regard to local comprehensive plan
104 amendments or map amendments may be retained and implemented.
105 Section 2. Paragraph (b) of subsection (4) of section
106 163.3174, Florida Statutes, is amended to read:
107 163.3174 Local planning agency.—
108 (4) The local planning agency shall have the general
109 responsibility for the conduct of the comprehensive planning
110 program. Specifically, the local planning agency shall:
111 (b) Monitor and oversee the effectiveness and status of the
112 comprehensive plan and recommend to the governing body such
113 changes in the comprehensive plan as may from time to time be
114 required, including the periodic evaluation and appraisal of the
115 comprehensive plan preparation of the periodic reports required
116 by s. 163.3191.
117 Section 3. Subsections (3), (5), and (6) of section
118 163.3175, Florida Statutes, are amended to read:
119 163.3175 Legislative findings on compatibility of
120 development with military installations; exchange of information
121 between local governments and military installations.—
122 (3) The Florida Defense Support Task Force Council on
123 Military Base and Mission Support may recommend to the
124 Legislature changes to the military installations and local
125 governments specified in subsection (2) based on a military
126 base’s potential for impacts from encroachment, and incompatible
127 land uses and development.
128 (5) The commanding officer or his or her designee may
129 provide advisory comments to the affected local government on
130 the impact such proposed changes may have on the mission of the
131 military installation. Such advisory comments shall be based on
132 data and analyses provided with the comments and may include:
133 (a) If the installation has an airfield, whether such
134 proposed changes will be incompatible with the safety and noise
135 standards contained in the Air Installation Compatible Use Zone
136 (AICUZ) adopted by the military installation for that airfield;
137 (b) Whether such changes are incompatible with the
138 Installation Environmental Noise Management Program (IENMP) of
139 the United States Army;
140 (c) Whether such changes are incompatible with the findings
141 of a Joint Land Use Study (JLUS) for the area if one has been
142 completed; and
143 (d) Whether the military installation’s mission will be
144 adversely affected by the proposed actions of the county or
145 affected local government.
146
147 The commanding officer’s comments, underlying studies, and
148 reports shall be considered by the local government in the same
149 manner as the comments received from other reviewing agencies
150 pursuant to s. 163.3184 are not binding on the local government.
151 (6) The affected local government shall take into
152 consideration any comments and accompanying data and analyses
153 provided by the commanding officer or his or her designee
154 pursuant to subsection (4) as they relate to the strategic
155 mission of the base, public safety, and the economic vitality
156 associated with the base’s operations, while also respecting and
157 must also be sensitive to private property rights and not being
158 be unduly restrictive on those rights. The affected local
159 government shall forward a copy of any comments regarding
160 comprehensive plan amendments to the state land planning agency.
161 Section 4. Paragraph (f) of subsection (1) and paragraphs
162 (a), (f), and (h) of subsection (6) of section 163.3177, Florida
163 Statutes, are amended to read:
164 163.3177 Required and optional elements of comprehensive
165 plan; studies and surveys.—
166 (1) The comprehensive plan shall provide the principles,
167 guidelines, standards, and strategies for the orderly and
168 balanced future economic, social, physical, environmental, and
169 fiscal development of the area that reflects community
170 commitments to implement the plan and its elements. These
171 principles and strategies shall guide future decisions in a
172 consistent manner and shall contain programs and activities to
173 ensure comprehensive plans are implemented. The sections of the
174 comprehensive plan containing the principles and strategies,
175 generally provided as goals, objectives, and policies, shall
176 describe how the local government’s programs, activities, and
177 land development regulations will be initiated, modified, or
178 continued to implement the comprehensive plan in a consistent
179 manner. It is not the intent of this part to require the
180 inclusion of implementing regulations in the comprehensive plan
181 but rather to require identification of those programs,
182 activities, and land development regulations that will be part
183 of the strategy for implementing the comprehensive plan and the
184 principles that describe how the programs, activities, and land
185 development regulations will be carried out. The plan shall
186 establish meaningful and predictable standards for the use and
187 development of land and provide meaningful guidelines for the
188 content of more detailed land development and use regulations.
189 (f) All mandatory and optional elements of the
190 comprehensive plan and plan amendments shall be based upon
191 relevant and appropriate data and an analysis by the local
192 government that may include, but not be limited to, surveys,
193 studies, community goals and vision, and other data available at
194 the time of adoption of the comprehensive plan or plan
195 amendment. To be based on data means to react to it in an
196 appropriate way and to the extent necessary indicated by the
197 data available on that particular subject at the time of
198 adoption of the plan or plan amendment at issue.
199 1. Surveys, studies, and data utilized in the preparation
200 of the comprehensive plan may not be deemed a part of the
201 comprehensive plan unless adopted as a part of it. Copies of
202 such studies, surveys, data, and supporting documents for
203 proposed plans and plan amendments shall be made available for
204 public inspection, and copies of such plans shall be made
205 available to the public upon payment of reasonable charges for
206 reproduction. Support data or summaries are not subject to the
207 compliance review process, but the comprehensive plan must be
208 clearly based on appropriate data. Support data or summaries may
209 be used to aid in the determination of compliance and
210 consistency.
211 2. Data must be taken from professionally accepted sources.
212 The application of a methodology utilized in data collection or
213 whether a particular methodology is professionally accepted may
214 be evaluated. However, the evaluation may not include whether
215 one accepted methodology is better than another. Original data
216 collection by local governments is not required. However, local
217 governments may use original data so long as methodologies are
218 professionally accepted.
219 3. The comprehensive plan shall be based upon permanent and
220 seasonal population estimates and projections, which shall
221 either be those published provided by the Office of Economic and
222 Demographic Research University of Florida’s Bureau of Economic
223 and Business Research or generated by the local government based
224 upon a professionally acceptable methodology. The plan must be
225 based on at least the minimum amount of land required to
226 accommodate the medium projections as published by the Office of
227 Economic and Demographic Research of the University of Florida’s
228 Bureau of Economic and Business Research for at least a 10-year
229 planning period unless otherwise limited under s. 380.05,
230 including related rules of the Administration Commission. Absent
231 physical limitations on population growth, population
232 projections for each municipality and the unincorporated area
233 within a county must, at a minimum, be reflective of each area’s
234 proportional share of the total county population and the total
235 county population growth.
236 (6) In addition to the requirements of subsections (1)-(5),
237 the comprehensive plan shall include the following elements:
238 (a) A future land use plan element designating proposed
239 future general distribution, location, and extent of the uses of
240 land for residential uses, commercial uses, industry,
241 agriculture, recreation, conservation, education, public
242 facilities, and other categories of the public and private uses
243 of land. The approximate acreage and the general range of
244 density or intensity of use shall be provided for the gross land
245 area included in each existing land use category. The element
246 shall establish the long-term end toward which land use programs
247 and activities are ultimately directed.
248 1. Each future land use category must be defined in terms
249 of uses included, and must include standards to be followed in
250 the control and distribution of population densities and
251 building and structure intensities. The proposed distribution,
252 location, and extent of the various categories of land use shall
253 be shown on a land use map or map series which shall be
254 supplemented by goals, policies, and measurable objectives.
255 2. The future land use plan and plan amendments shall be
256 based upon surveys, studies, and data regarding the area, as
257 applicable, including:
258 a. The amount of land required to accommodate anticipated
259 growth.
260 b. The projected permanent and seasonal population of the
261 area.
262 c. The character of undeveloped land.
263 d. The availability of water supplies, public facilities,
264 and services.
265 e. The need for redevelopment, including the renewal of
266 blighted areas and the elimination of nonconforming uses which
267 are inconsistent with the character of the community.
268 f. The compatibility of uses on lands adjacent to or
269 closely proximate to military installations.
270 g. The compatibility of uses on lands adjacent to an
271 airport as defined in s. 330.35 and consistent with s. 333.02.
272 h. The discouragement of urban sprawl.
273 i. The need for job creation, capital investment, and
274 economic development that will strengthen and diversify the
275 community’s economy.
276 j. The need to modify land uses and development patterns
277 within antiquated subdivisions.
278 3. The future land use plan element shall include criteria
279 to be used to:
280 a. Achieve the compatibility of lands adjacent or closely
281 proximate to military installations, considering factors
282 identified in s. 163.3175(5).
283 b. Achieve the compatibility of lands adjacent to an
284 airport as defined in s. 330.35 and consistent with s. 333.02.
285 c. Encourage preservation of recreational and commercial
286 working waterfronts for water-dependent uses in coastal
287 communities.
288 d. Encourage the location of schools proximate to urban
289 residential areas to the extent possible.
290 e. Coordinate future land uses with the topography and soil
291 conditions, and the availability of facilities and services.
292 f. Ensure the protection of natural and historic resources.
293 g. Provide for the compatibility of adjacent land uses.
294 h. Provide guidelines for the implementation of mixed-use
295 development including the types of uses allowed, the percentage
296 distribution among the mix of uses, or other standards, and the
297 density and intensity of each use.
298 4. The amount of land designated for future planned uses
299 shall provide a balance of uses that foster vibrant, viable
300 communities and economic development opportunities and address
301 outdated development patterns, such as antiquated subdivisions.
302 The amount of land designated for future land uses should allow
303 the operation of real estate markets to provide adequate choices
304 for permanent and seasonal residents and business and may not be
305 limited solely by the projected population. The element shall
306 accommodate at least the minimum amount of land required to
307 accommodate the medium projections as published by the Office of
308 Economic and Demographic Research of the University of Florida’s
309 Bureau of Economic and Business Research for at least a 10-year
310 planning period unless otherwise limited under s. 380.05,
311 including related rules of the Administration Commission.
312 5. The future land use plan of a county may designate areas
313 for possible future municipal incorporation.
314 6. The land use maps or map series shall generally identify
315 and depict historic district boundaries and shall designate
316 historically significant properties meriting protection.
317 7. The future land use element must clearly identify the
318 land use categories in which public schools are an allowable
319 use. When delineating the land use categories in which public
320 schools are an allowable use, a local government shall include
321 in the categories sufficient land proximate to residential
322 development to meet the projected needs for schools in
323 coordination with public school boards and may establish
324 differing criteria for schools of different type or size. Each
325 local government shall include lands contiguous to existing
326 school sites, to the maximum extent possible, within the land
327 use categories in which public schools are an allowable use.
328 8. Future land use map amendments shall be based upon the
329 following analyses:
330 a. An analysis of the availability of facilities and
331 services.
332 b. An analysis of the suitability of the plan amendment for
333 its proposed use considering the character of the undeveloped
334 land, soils, topography, natural resources, and historic
335 resources on site.
336 c. An analysis of the minimum amount of land needed to
337 achieve the goals and requirements of this section as determined
338 by the local government.
339 9. The future land use element and any amendment to the
340 future land use element shall discourage the proliferation of
341 urban sprawl.
342 a. The primary indicators that a plan or plan amendment
343 does not discourage the proliferation of urban sprawl are listed
344 below. The evaluation of the presence of these indicators shall
345 consist of an analysis of the plan or plan amendment within the
346 context of features and characteristics unique to each locality
347 in order to determine whether the plan or plan amendment:
348 (I) Promotes, allows, or designates for development
349 substantial areas of the jurisdiction to develop as low
350 intensity, low-density, or single-use development or uses.
351 (II) Promotes, allows, or designates significant amounts of
352 urban development to occur in rural areas at substantial
353 distances from existing urban areas while not using undeveloped
354 lands that are available and suitable for development.
355 (III) Promotes, allows, or designates urban development in
356 radial, strip, isolated, or ribbon patterns generally emanating
357 from existing urban developments.
358 (IV) Fails to adequately protect and conserve natural
359 resources, such as wetlands, floodplains, native vegetation,
360 environmentally sensitive areas, natural groundwater aquifer
361 recharge areas, lakes, rivers, shorelines, beaches, bays,
362 estuarine systems, and other significant natural systems.
363 (V) Fails to adequately protect adjacent agricultural areas
364 and activities, including silviculture, active agricultural and
365 silvicultural activities, passive agricultural activities, and
366 dormant, unique, and prime farmlands and soils.
367 (VI) Fails to maximize use of existing public facilities
368 and services.
369 (VII) Fails to maximize use of future public facilities and
370 services.
371 (VIII) Allows for land use patterns or timing which
372 disproportionately increase the cost in time, money, and energy
373 of providing and maintaining facilities and services, including
374 roads, potable water, sanitary sewer, stormwater management, law
375 enforcement, education, health care, fire and emergency
376 response, and general government.
377 (IX) Fails to provide a clear separation between rural and
378 urban uses.
379 (X) Discourages or inhibits infill development or the
380 redevelopment of existing neighborhoods and communities.
381 (XI) Fails to encourage a functional mix of uses.
382 (XII) Results in poor accessibility among linked or related
383 land uses.
384 (XIII) Results in the loss of significant amounts of
385 functional open space.
386 b. The future land use element or plan amendment shall be
387 determined to discourage the proliferation of urban sprawl if it
388 incorporates a development pattern or urban form that achieves
389 four or more of the following:
390 (I) Directs or locates economic growth and associated land
391 development to geographic areas of the community in a manner
392 that does not have an adverse impact on and protects natural
393 resources and ecosystems.
394 (II) Promotes the efficient and cost-effective provision or
395 extension of public infrastructure and services.
396 (III) Promotes walkable and connected communities and
397 provides for compact development and a mix of uses at densities
398 and intensities that will support a range of housing choices and
399 a multimodal transportation system, including pedestrian,
400 bicycle, and transit, if available.
401 (IV) Promotes conservation of water and energy.
402 (V) Preserves agricultural areas and activities, including
403 silviculture, and dormant, unique, and prime farmlands and
404 soils.
405 (VI) Preserves open space and natural lands and provides
406 for public open space and recreation needs.
407 (VII) Creates a balance of land uses based upon demands of
408 the residential population for the nonresidential needs of an
409 area.
410 (VIII) Provides uses, densities, and intensities of use and
411 urban form that would remediate an existing or planned
412 development pattern in the vicinity that constitutes sprawl or
413 if it provides for an innovative development pattern such as
414 transit-oriented developments or new towns as defined in s.
415 163.3164.
416 10. The future land use element shall include a future land
417 use map or map series.
418 a. The proposed distribution, extent, and location of the
419 following uses shall be shown on the future land use map or map
420 series:
421 (I) Residential.
422 (II) Commercial.
423 (III) Industrial.
424 (IV) Agricultural.
425 (V) Recreational.
426 (VI) Conservation.
427 (VII) Educational.
428 (VIII) Public.
429 b. The following areas shall also be shown on the future
430 land use map or map series, if applicable:
431 (I) Historic district boundaries and designated
432 historically significant properties.
433 (II) Transportation concurrency management area boundaries
434 or transportation concurrency exception area boundaries.
435 (III) Multimodal transportation district boundaries.
436 (IV) Mixed-use categories.
437 c. The following natural resources or conditions shall be
438 shown on the future land use map or map series, if applicable:
439 (I) Existing and planned public potable waterwells, cones
440 of influence, and wellhead protection areas.
441 (II) Beaches and shores, including estuarine systems.
442 (III) Rivers, bays, lakes, floodplains, and harbors.
443 (IV) Wetlands.
444 (V) Minerals and soils.
445 (VI) Coastal high hazard areas.
446 11. Local governments required to update or amend their
447 comprehensive plan to include criteria and address compatibility
448 of lands adjacent or closely proximate to existing military
449 installations, or lands adjacent to an airport as defined in s.
450 330.35 and consistent with s. 333.02, in their future land use
451 plan element shall transmit the update or amendment to the state
452 land planning agency by June 30, 2012.
453 (f)1. A housing element consisting of principles,
454 guidelines, standards, and strategies to be followed in:
455 a. The provision of housing for all current and anticipated
456 future residents of the jurisdiction.
457 b. The elimination of substandard dwelling conditions.
458 c. The structural and aesthetic improvement of existing
459 housing.
460 d. The provision of adequate sites for future housing,
461 including affordable workforce housing as defined in s.
462 380.0651(3)(h), housing for low-income, very low-income, and
463 moderate-income families, mobile homes, and group home
464 facilities and foster care facilities, with supporting
465 infrastructure and public facilities. The element may include
466 provisions that specifically address affordable housing for
467 persons 60 years of age or older. Real property that is conveyed
468 to a local government for affordable housing under this sub
469 subparagraph shall be disposed of by the local government
470 pursuant to s. 125.379 or s. 166.0451.
471 e. Provision for relocation housing and identification of
472 historically significant and other housing for purposes of
473 conservation, rehabilitation, or replacement.
474 f. The formulation of housing implementation programs.
475 g. The creation or preservation of affordable housing to
476 minimize the need for additional local services and avoid the
477 concentration of affordable housing units only in specific areas
478 of the jurisdiction.
479 2. The principles, guidelines, standards, and strategies of
480 the housing element must be based on the data and analysis
481 prepared on housing needs, including an inventory taken from the
482 latest decennial United States Census or more recent estimates,
483 which shall include the number and distribution of dwelling
484 units by type, tenure, age, rent, value, monthly cost of owner
485 occupied units, and rent or cost to income ratio, and shall show
486 the number of dwelling units that are substandard. The data and
487 analysis inventory shall also include the methodology used to
488 estimate the condition of housing, a projection of the
489 anticipated number of households by size, income range, and age
490 of residents derived from the population projections, and the
491 minimum housing need of the current and anticipated future
492 residents of the jurisdiction.
493 3. The housing element must express principles, guidelines,
494 standards, and strategies that reflect, as needed, the creation
495 and preservation of affordable housing for all current and
496 anticipated future residents of the jurisdiction, elimination of
497 substandard housing conditions, adequate sites, and distribution
498 of housing for a range of incomes and types, including mobile
499 and manufactured homes. The element must provide for specific
500 programs and actions to partner with private and nonprofit
501 sectors to address housing needs in the jurisdiction, streamline
502 the permitting process, and minimize costs and delays for
503 affordable housing, establish standards to address the quality
504 of housing, stabilization of neighborhoods, and identification
505 and improvement of historically significant housing.
506 4. State and federal housing plans prepared on behalf of
507 the local government must be consistent with the goals,
508 objectives, and policies of the housing element. Local
509 governments are encouraged to use job training, job creation,
510 and economic solutions to address a portion of their affordable
511 housing concerns.
512 (h)1. An intergovernmental coordination element showing
513 relationships and stating principles and guidelines to be used
514 in coordinating the adopted comprehensive plan with the plans of
515 school boards, regional water supply authorities, and other
516 units of local government providing services but not having
517 regulatory authority over the use of land, with the
518 comprehensive plans of adjacent municipalities, the county,
519 adjacent counties, or the region, with the state comprehensive
520 plan and with the applicable regional water supply plan approved
521 pursuant to s. 373.709, as the case may require and as such
522 adopted plans or plans in preparation may exist. This element of
523 the local comprehensive plan must demonstrate consideration of
524 the particular effects of the local plan, when adopted, upon the
525 development of adjacent municipalities, the county, adjacent
526 counties, or the region, or upon the state comprehensive plan,
527 as the case may require.
528 a. The intergovernmental coordination element must provide
529 procedures for identifying and implementing joint planning
530 areas, especially for the purpose of annexation, municipal
531 incorporation, and joint infrastructure service areas.
532 b. The intergovernmental coordination element shall provide
533 for a dispute resolution process, as established pursuant to s.
534 186.509, for bringing intergovernmental disputes to closure in a
535 timely manner.
536 c. The intergovernmental coordination element shall provide
537 for interlocal agreements as established pursuant to s.
538 333.03(1)(b).
539 2. The intergovernmental coordination element shall also
540 state principles and guidelines to be used in coordinating the
541 adopted comprehensive plan with the plans of school boards and
542 other units of local government providing facilities and
543 services but not having regulatory authority over the use of
544 land. In addition, the intergovernmental coordination element
545 must describe joint processes for collaborative planning and
546 decisionmaking on population projections and public school
547 siting, the location and extension of public facilities subject
548 to concurrency, and siting facilities with countywide
549 significance, including locally unwanted land uses whose nature
550 and identity are established in an agreement.
551 3. Within 1 year after adopting their intergovernmental
552 coordination elements, each county, all the municipalities
553 within that county, the district school board, and any unit of
554 local government service providers in that county shall
555 establish by interlocal or other formal agreement executed by
556 all affected entities, the joint processes described in this
557 subparagraph consistent with their adopted intergovernmental
558 coordination elements. The agreement element must:
559 a. Ensure that the local government addresses through
560 coordination mechanisms the impacts of development proposed in
561 the local comprehensive plan upon development in adjacent
562 municipalities, the county, adjacent counties, the region, and
563 the state. The area of concern for municipalities shall include
564 adjacent municipalities, the county, and counties adjacent to
565 the municipality. The area of concern for counties shall include
566 all municipalities within the county, adjacent counties, and
567 adjacent municipalities.
568 b. Ensure coordination in establishing level of service
569 standards for public facilities with any state, regional, or
570 local entity having operational and maintenance responsibility
571 for such facilities.
572 Section 5. Subsections (3) and (4) are added to section
573 163.31777, Florida Statutes, to read:
574 163.31777 Public schools interlocal agreement.—
575 (3) A municipality is exempt from the requirements of
576 subsections (1) and (2) if the municipality meets all of the
577 following criteria for having no significant impact on school
578 attendance:
579 (a) The municipality has issued development orders for
580 fewer than 50 residential dwelling units during the preceding 5
581 years, or the municipality has generated fewer than 25
582 additional public school students during the preceding 5 years.
583 (b) The municipality has not annexed new land during the
584 preceding 5 years in land use categories that permit residential
585 uses that will affect school attendance rates.
586 (c) The municipality has no public schools located within
587 its boundaries.
588 (d) At least 80 percent of the developable land within the
589 boundaries of the municipality has been built upon.
590 (4) At the time of the evaluation and appraisal of its
591 comprehensive plan pursuant to s. 163.3191, each exempt
592 municipality shall assess the extent to which it continues to
593 meet the criteria for exemption under subsection (3). If the
594 municipality continues to meet the criteria for exemption under
595 subsection (3), the municipality shall continue to be exempt
596 from the interlocal-agreement requirement. Each municipality
597 exempt under subsection (3) must comply with this section within
598 1 year after the district school board proposes, in its 5-year
599 district facilities work program, a new school within the
600 municipality’s jurisdiction.
601 Section 6. Subsections (3) and (6) of section 163.3178,
602 Florida Statutes, are amended to read:
603 163.3178 Coastal management.—
604 (3) Expansions to port harbors, spoil disposal sites,
605 navigation channels, turning basins, harbor berths, and other
606 related inwater harbor facilities of ports listed in s.
607 403.021(9); port transportation facilities and projects listed
608 in s. 311.07(3)(b); intermodal transportation facilities
609 identified pursuant to s. 311.09(3); and facilities determined
610 by the state land planning agency Department of Community
611 Affairs and applicable general-purpose local government to be
612 port-related industrial or commercial projects located within 3
613 miles of or in a port master plan area which rely upon the use
614 of port and intermodal transportation facilities shall not be
615 designated as developments of regional impact if such
616 expansions, projects, or facilities are consistent with
617 comprehensive master plans that are in compliance with this
618 section.
619 (6) Local governments are encouraged to adopt countywide
620 marina siting plans to designate sites for existing and future
621 marinas. The Coastal Resources Interagency Management Committee,
622 at the direction of the Legislature, shall identify incentives
623 to encourage local governments to adopt such siting plans and
624 uniform criteria and standards to be used by local governments
625 to implement state goals, objectives, and policies relating to
626 marina siting. These criteria must ensure that priority is given
627 to water-dependent land uses. Countywide marina siting plans
628 must be consistent with state and regional environmental
629 planning policies and standards. Each local government in the
630 coastal area which participates in adoption of a countywide
631 marina siting plan shall incorporate the plan into the coastal
632 management element of its local comprehensive plan.
633 Section 7. Paragraph (a) of subsection (1) and paragraphs
634 (a), (i), (j), and (k) of subsection (6) of section 163.3180,
635 Florida Statutes, are amended to read:
636 163.3180 Concurrency.—
637 (1) Sanitary sewer, solid waste, drainage, and potable
638 water are the only public facilities and services subject to the
639 concurrency requirement on a statewide basis. Additional public
640 facilities and services may not be made subject to concurrency
641 on a statewide basis without approval by the Legislature;
642 however, any local government may extend the concurrency
643 requirement so that it applies to additional public facilities
644 within its jurisdiction.
645 (a) If concurrency is applied to other public facilities,
646 the local government comprehensive plan must provide the
647 principles, guidelines, standards, and strategies, including
648 adopted levels of service, to guide its application. In order
649 for a local government to rescind any optional concurrency
650 provisions, a comprehensive plan amendment is required. An
651 amendment rescinding optional concurrency issues shall be
652 processed under the expedited state review process in s.
653 163.3184(3), but the amendment is not subject to state review
654 and is not required to be transmitted to the reviewing agencies
655 for comments, except that the local government shall transmit
656 the amendment to any local government or government agency that
657 has filed a request with the governing body, and for municipal
658 amendments, the amendment shall be transmitted to the county in
659 which the municipality is located. For informational purposes
660 only, a copy of the adopted amendment shall be provided to the
661 state land planning agency. A copy of the adopted amendment
662 shall also be provided to the Department of Transportation if
663 the amendment rescinds transportation concurrency and to the
664 Department of Education if the amendment rescinds school
665 concurrency.
666 (6)(a) Local governments that apply If concurrency is
667 applied to public education facilities, all local governments
668 within a county, except as provided in paragraph (i), shall
669 include principles, guidelines, standards, and strategies,
670 including adopted levels of service, in their comprehensive
671 plans and interlocal agreements. The choice of one or more
672 municipalities to not adopt school concurrency and enter into
673 the interlocal agreement does not preclude implementation of
674 school concurrency within other jurisdictions of the school
675 district if the county and one or more municipalities have
676 adopted school concurrency into their comprehensive plan and
677 interlocal agreement that represents at least 80 percent of the
678 total countywide population, the failure of one or more
679 municipalities to adopt the concurrency and enter into the
680 interlocal agreement does not preclude implementation of school
681 concurrency within jurisdictions of the school district that
682 have opted to implement concurrency. All local government
683 provisions included in comprehensive plans regarding school
684 concurrency within a county must be consistent with each other
685 as well as the requirements of this part.
686 (i) A municipality is not required to be a signatory to the
687 interlocal agreement required by paragraph (j), as a
688 prerequisite for imposition of school concurrency, and as a
689 nonsignatory, may not participate in the adopted local school
690 concurrency system, if the municipality meets all of the
691 following criteria for having no significant impact on school
692 attendance:
693 1. The municipality has issued development orders for fewer
694 than 50 residential dwelling units during the preceding 5 years,
695 or the municipality has generated fewer than 25 additional
696 public school students during the preceding 5 years.
697 2. The municipality has not annexed new land during the
698 preceding 5 years in land use categories which permit
699 residential uses that will affect school attendance rates.
700 3. The municipality has no public schools located within
701 its boundaries.
702 4. At least 80 percent of the developable land within the
703 boundaries of the municipality has been built upon.
704 (i)(j) When establishing concurrency requirements for
705 public schools, a local government must enter into an interlocal
706 agreement that satisfies the requirements in ss.
707 163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
708 this subsection. The interlocal agreement shall acknowledge both
709 the school board’s constitutional and statutory obligations to
710 provide a uniform system of free public schools on a countywide
711 basis, and the land use authority of local governments,
712 including their authority to approve or deny comprehensive plan
713 amendments and development orders. The interlocal agreement
714 shall meet the following requirements:
715 1. Establish the mechanisms for coordinating the
716 development, adoption, and amendment of each local government’s
717 school concurrency related provisions of the comprehensive plan
718 with each other and the plans of the school board to ensure a
719 uniform districtwide school concurrency system.
720 2. Specify uniform, districtwide level-of-service standards
721 for public schools of the same type and the process for
722 modifying the adopted level-of-service standards.
723 3. Define the geographic application of school concurrency.
724 If school concurrency is to be applied on a less than
725 districtwide basis in the form of concurrency service areas, the
726 agreement shall establish criteria and standards for the
727 establishment and modification of school concurrency service
728 areas. The agreement shall ensure maximum utilization of school
729 capacity, taking into account transportation costs and court
730 approved desegregation plans, as well as other factors.
731 4. Establish a uniform districtwide procedure for
732 implementing school concurrency which provides for:
733 a. The evaluation of development applications for
734 compliance with school concurrency requirements, including
735 information provided by the school board on affected schools,
736 impact on levels of service, and programmed improvements for
737 affected schools and any options to provide sufficient capacity;
738 b. An opportunity for the school board to review and
739 comment on the effect of comprehensive plan amendments and
740 rezonings on the public school facilities plan; and
741 c. The monitoring and evaluation of the school concurrency
742 system.
743 5. A process and uniform methodology for determining
744 proportionate-share mitigation pursuant to paragraph (h).
745 (j)(k) This subsection does not limit the authority of a
746 local government to grant or deny a development permit or its
747 functional equivalent prior to the implementation of school
748 concurrency.
749 Section 8. Paragraphs (b) and (c) of subsection (3),
750 paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
751 and (e) of subsection (5), paragraph (f) of subsection (6), and
752 subsection (12) of section 163.3184, Florida Statutes, are
753 amended to read:
754 163.3184 Process for adoption of comprehensive plan or plan
755 amendment.—
756 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
757 COMPREHENSIVE PLAN AMENDMENTS.—
758 (b)1. The local government, after the initial public
759 hearing held pursuant to subsection (11), shall transmit within
760 10 working days the amendment or amendments and appropriate
761 supporting data and analyses to the reviewing agencies. The
762 local governing body shall also transmit a copy of the
763 amendments and supporting data and analyses to any other local
764 government or governmental agency that has filed a written
765 request with the governing body.
766 2. The reviewing agencies and any other local government or
767 governmental agency specified in subparagraph 1. may provide
768 comments regarding the amendment or amendments to the local
769 government. State agencies shall only comment on important state
770 resources and facilities that will be adversely impacted by the
771 amendment if adopted. Comments provided by state agencies shall
772 state with specificity how the plan amendment will adversely
773 impact an important state resource or facility and shall
774 identify measures the local government may take to eliminate,
775 reduce, or mitigate the adverse impacts. Such comments, if not
776 resolved, may result in a challenge by the state land planning
777 agency to the plan amendment. Agencies and local governments
778 must transmit their comments to the affected local government
779 such that they are received by the local government not later
780 than 30 days after from the date on which the agency or
781 government received the amendment or amendments. Reviewing
782 agencies shall also send a copy of their comments to the state
783 land planning agency.
784 3. Comments to the local government from a regional
785 planning council, county, or municipality shall be limited as
786 follows:
787 a. The regional planning council review and comments shall
788 be limited to adverse effects on regional resources or
789 facilities identified in the strategic regional policy plan and
790 extrajurisdictional impacts that would be inconsistent with the
791 comprehensive plan of any affected local government within the
792 region. A regional planning council may not review and comment
793 on a proposed comprehensive plan amendment prepared by such
794 council unless the plan amendment has been changed by the local
795 government subsequent to the preparation of the plan amendment
796 by the regional planning council.
797 b. County comments shall be in the context of the
798 relationship and effect of the proposed plan amendments on the
799 county plan.
800 c. Municipal comments shall be in the context of the
801 relationship and effect of the proposed plan amendments on the
802 municipal plan.
803 d. Military installation comments shall be provided in
804 accordance with s. 163.3175.
805 4. Comments to the local government from state agencies
806 shall be limited to the following subjects as they relate to
807 important state resources and facilities that will be adversely
808 impacted by the amendment if adopted:
809 a. The Department of Environmental Protection shall limit
810 its comments to the subjects of air and water pollution;
811 wetlands and other surface waters of the state; federal and
812 state-owned lands and interest in lands, including state parks,
813 greenways and trails, and conservation easements; solid waste;
814 water and wastewater treatment; and the Everglades ecosystem
815 restoration.
816 b. The Department of State shall limit its comments to the
817 subjects of historic and archaeological resources.
818 c. The Department of Transportation shall limit its
819 comments to issues within the agency’s jurisdiction as it
820 relates to transportation resources and facilities of state
821 importance.
822 d. The Fish and Wildlife Conservation Commission shall
823 limit its comments to subjects relating to fish and wildlife
824 habitat and listed species and their habitat.
825 e. The Department of Agriculture and Consumer Services
826 shall limit its comments to the subjects of agriculture,
827 forestry, and aquaculture issues.
828 f. The Department of Education shall limit its comments to
829 the subject of public school facilities.
830 g. The appropriate water management district shall limit
831 its comments to flood protection and floodplain management,
832 wetlands and other surface waters, and regional water supply.
833 h. The state land planning agency shall limit its comments
834 to important state resources and facilities outside the
835 jurisdiction of other commenting state agencies and may include
836 comments on countervailing planning policies and objectives
837 served by the plan amendment that should be balanced against
838 potential adverse impacts to important state resources and
839 facilities.
840 (c)1. The local government shall hold its second public
841 hearing, which shall be a hearing on whether to adopt one or
842 more comprehensive plan amendments pursuant to subsection (11).
843 If the local government fails, within 180 days after receipt of
844 agency comments, to hold the second public hearing, the
845 amendments shall be deemed withdrawn unless extended by
846 agreement with notice to the state land planning agency and any
847 affected person that provided comments on the amendment. The
848 180-day limitation does not apply to amendments processed
849 pursuant to s. 380.06.
850 2. All comprehensive plan amendments adopted by the
851 governing body, along with the supporting data and analysis,
852 shall be transmitted within 10 working days after the second
853 public hearing to the state land planning agency and any other
854 agency or local government that provided timely comments under
855 subparagraph (b)2.
856 3. The state land planning agency shall notify the local
857 government of any deficiencies within 5 working days after
858 receipt of an amendment package. For purposes of completeness,
859 an amendment shall be deemed complete if it contains a full,
860 executed copy of the adoption ordinance or ordinances; in the
861 case of a text amendment, a full copy of the amended language in
862 legislative format with new words inserted in the text
863 underlined, and words deleted stricken with hyphens; in the case
864 of a future land use map amendment, a copy of the future land
865 use map clearly depicting the parcel, its existing future land
866 use designation, and its adopted designation; and a copy of any
867 data and analyses the local government deems appropriate.
868 4. An amendment adopted under this paragraph does not
869 become effective until 31 days after the state land planning
870 agency notifies the local government that the plan amendment
871 package is complete. If timely challenged, an amendment does not
872 become effective until the state land planning agency or the
873 Administration Commission enters a final order determining the
874 adopted amendment to be in compliance.
875 (4) STATE COORDINATED REVIEW PROCESS.—
876 (b) Local government transmittal of proposed plan or
877 amendment.—Each local governing body proposing a plan or plan
878 amendment specified in paragraph (2)(c) shall transmit the
879 complete proposed comprehensive plan or plan amendment to the
880 reviewing agencies within 10 working days after immediately
881 following the first public hearing pursuant to subsection (11).
882 The transmitted document shall clearly indicate on the cover
883 sheet that this plan amendment is subject to the state
884 coordinated review process of this subsection. The local
885 governing body shall also transmit a copy of the complete
886 proposed comprehensive plan or plan amendment to any other unit
887 of local government or government agency in the state that has
888 filed a written request with the governing body for the plan or
889 plan amendment.
890 (e) Local government review of comments; adoption of plan
891 or amendments and transmittal.—
892 1. The local government shall review the report submitted
893 to it by the state land planning agency, if any, and written
894 comments submitted to it by any other person, agency, or
895 government. The local government, upon receipt of the report
896 from the state land planning agency, shall hold its second
897 public hearing, which shall be a hearing to determine whether to
898 adopt the comprehensive plan or one or more comprehensive plan
899 amendments pursuant to subsection (11). If the local government
900 fails to hold the second hearing within 180 days after receipt
901 of the state land planning agency’s report, the amendments shall
902 be deemed withdrawn unless extended by agreement with notice to
903 the state land planning agency and any affected person that
904 provided comments on the amendment. The 180-day limitation does
905 not apply to amendments processed pursuant to s. 380.06.
906 2. All comprehensive plan amendments adopted by the
907 governing body, along with the supporting data and analysis,
908 shall be transmitted within 10 working days after the second
909 public hearing to the state land planning agency and any other
910 agency or local government that provided timely comments under
911 paragraph (c).
912 3. The state land planning agency shall notify the local
913 government of any deficiencies within 5 working days after
914 receipt of a plan or plan amendment package. For purposes of
915 completeness, a plan or plan amendment shall be deemed complete
916 if it contains a full, executed copy of the adoption ordinance
917 or ordinances; in the case of a text amendment, a full copy of
918 the amended language in legislative format with new words
919 inserted in the text underlined, and words deleted stricken with
920 hyphens; in the case of a future land use map amendment, a copy
921 of the future land use map clearly depicting the parcel, its
922 existing future land use designation, and its adopted
923 designation; and a copy of any data and analyses the local
924 government deems appropriate.
925 4. After the state land planning agency makes a
926 determination of completeness regarding the adopted plan or plan
927 amendment, the state land planning agency shall have 45 days to
928 determine if the plan or plan amendment is in compliance with
929 this act. Unless the plan or plan amendment is substantially
930 changed from the one commented on, the state land planning
931 agency’s compliance determination shall be limited to objections
932 raised in the objections, recommendations, and comments report.
933 During the period provided for in this subparagraph, the state
934 land planning agency shall issue, through a senior administrator
935 or the secretary, a notice of intent to find that the plan or
936 plan amendment is in compliance or not in compliance. The state
937 land planning agency shall post a copy of the notice of intent
938 on the agency’s Internet website. Publication by the state land
939 planning agency of the notice of intent on the state land
940 planning agency’s Internet site shall be prima facie evidence of
941 compliance with the publication requirements of this
942 subparagraph.
943 5. A plan or plan amendment adopted under the state
944 coordinated review process shall go into effect pursuant to the
945 state land planning agency’s notice of intent. If timely
946 challenged, an amendment does not become effective until the
947 state land planning agency or the Administration Commission
948 enters a final order determining the adopted amendment to be in
949 compliance.
950 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
951 AMENDMENTS.—
952 (b) The state land planning agency may file a petition with
953 the Division of Administrative Hearings pursuant to ss. 120.569
954 and 120.57, with a copy served on the affected local government,
955 to request a formal hearing to challenge whether the plan or
956 plan amendment is in compliance as defined in paragraph (1)(b).
957 The state land planning agency’s petition must clearly state the
958 reasons for the challenge. Under the expedited state review
959 process, this petition must be filed with the division within 30
960 days after the state land planning agency notifies the local
961 government that the plan amendment package is complete according
962 to subparagraph (3)(c)3. Under the state coordinated review
963 process, this petition must be filed with the division within 45
964 days after the state land planning agency notifies the local
965 government that the plan amendment package is complete according
966 to subparagraph (4)(e)3 (3)(c)3.
967 1. The state land planning agency’s challenge to plan
968 amendments adopted under the expedited state review process
969 shall be limited to the comments provided by the reviewing
970 agencies pursuant to subparagraphs (3)(b)2.-4., upon a
971 determination by the state land planning agency that an
972 important state resource or facility will be adversely impacted
973 by the adopted plan amendment. The state land planning agency’s
974 petition shall state with specificity how the plan amendment
975 will adversely impact the important state resource or facility.
976 The state land planning agency may challenge a plan amendment
977 that has substantially changed from the version on which the
978 agencies provided comments but only upon a determination by the
979 state land planning agency that an important state resource or
980 facility will be adversely impacted.
981 2. If the state land planning agency issues a notice of
982 intent to find the comprehensive plan or plan amendment not in
983 compliance with this act, the notice of intent shall be
984 forwarded to the Division of Administrative Hearings of the
985 Department of Management Services, which shall conduct a
986 proceeding under ss. 120.569 and 120.57 in the county of and
987 convenient to the affected local jurisdiction. The parties to
988 the proceeding shall be the state land planning agency, the
989 affected local government, and any affected person who
990 intervenes. A No new issue may not be alleged as a reason to
991 find a plan or plan amendment not in compliance in an
992 administrative pleading filed more than 21 days after
993 publication of notice unless the party seeking that issue
994 establishes good cause for not alleging the issue within that
995 time period. Good cause does not include excusable neglect.
996 (d) If the administrative law judge recommends that the
997 amendment be found not in compliance, the judge shall submit the
998 recommended order to the Administration Commission for final
999 agency action. The Administration Commission shall make every
1000 effort to enter a final order expeditiously, but at a minimum,
1001 within the time period provided by s. 120.569 45 days after its
1002 receipt of the recommended order.
1003 (e) If the administrative law judge recommends that the
1004 amendment be found in compliance, the judge shall submit the
1005 recommended order to the state land planning agency.
1006 1. If the state land planning agency determines that the
1007 plan amendment should be found not in compliance, the agency
1008 shall make every effort to refer, within 30 days after receipt
1009 of the recommended order, the recommended order and its
1010 determination expeditiously to the Administration Commission for
1011 final agency action, but at a minimum within the time period
1012 provided by s. 120.569.
1013 2. If the state land planning agency determines that the
1014 plan amendment should be found in compliance, the agency shall
1015 enter its final order expeditiously, but at a minimum, within
1016 the time period provided by s. 120.569 not later than 30 days
1017 after receipt of the recommended order.
1018 (6) COMPLIANCE AGREEMENT.—
1019 (f) For challenges to amendments adopted under the state
1020 coordinated process, the state land planning agency, upon
1021 receipt of a plan or plan amendment adopted pursuant to a
1022 compliance agreement, shall issue a cumulative notice of intent
1023 addressing both the remedial amendment and the plan or plan
1024 amendment that was the subject of the agreement within 20 days
1025 after receiving a complete plan or plan amendment adopted
1026 pursuant to a compliance agreement.
1027 1. If the local government adopts a comprehensive plan or
1028 plan amendment pursuant to a compliance agreement and a notice
1029 of intent to find the plan amendment in compliance is issued,
1030 the state land planning agency shall forward the notice of
1031 intent to the Division of Administrative Hearings and the
1032 administrative law judge shall realign the parties in the
1033 pending proceeding under ss. 120.569 and 120.57, which shall
1034 thereafter be governed by the process contained in paragraph
1035 (5)(a) and subparagraph (5)(c)1., including provisions relating
1036 to challenges by an affected person, burden of proof, and issues
1037 of a recommended order and a final order. Parties to the
1038 original proceeding at the time of realignment may continue as
1039 parties without being required to file additional pleadings to
1040 initiate a proceeding, but may timely amend their pleadings to
1041 raise any challenge to the amendment that is the subject of the
1042 cumulative notice of intent, and must otherwise conform to the
1043 rules of procedure of the Division of Administrative Hearings.
1044 Any affected person not a party to the realigned proceeding may
1045 challenge the plan amendment that is the subject of the
1046 cumulative notice of intent by filing a petition with the agency
1047 as provided in subsection (5). The agency shall forward the
1048 petition filed by the affected person not a party to the
1049 realigned proceeding to the Division of Administrative Hearings
1050 for consolidation with the realigned proceeding. If the
1051 cumulative notice of intent is not challenged, the state land
1052 planning agency shall request that the Division of
1053 Administrative Hearings relinquish jurisdiction to the state
1054 land planning agency for issuance of a final order.
1055 2. If the local government adopts a comprehensive plan
1056 amendment pursuant to a compliance agreement and a notice of
1057 intent is issued that finds the plan amendment not in
1058 compliance, the state land planning agency shall forward the
1059 notice of intent to the Division of Administrative Hearings,
1060 which shall consolidate the proceeding with the pending
1061 proceeding and immediately set a date for a hearing in the
1062 pending proceeding under ss. 120.569 and 120.57. Affected
1063 persons who are not a party to the underlying proceeding under
1064 ss. 120.569 and 120.57 may challenge the plan amendment adopted
1065 pursuant to the compliance agreement by filing a petition
1066 pursuant to paragraph (5)(a).
1067 (12) CONCURRENT ZONING.—At the request of an applicant, a
1068 local government shall consider an application for zoning
1069 changes that would be required to properly enact any proposed
1070 plan amendment transmitted pursuant to this section subsection.
1071 Zoning changes approved by the local government are contingent
1072 upon the comprehensive plan or plan amendment transmitted
1073 becoming effective.
1074 Section 9. Subsection (3) of section 163.3191, Florida
1075 Statutes, is amended to read:
1076 163.3191 Evaluation and appraisal of comprehensive plan.—
1077 (3) Local governments are encouraged to comprehensively
1078 evaluate and, as necessary, update comprehensive plans to
1079 reflect changes in local conditions. Plan amendments transmitted
1080 pursuant to this section shall be reviewed pursuant to s.
1081 163.3184(4) in accordance with s. 163.3184.
1082 Section 10. Subsections (1) and (7) of section 163.3245,
1083 Florida Statutes, are amended, and present subsections (8)
1084 through (14) of that section are redesignated as subsections (7)
1085 through (13), respectively, to read:
1086 163.3245 Sector plans.—
1087 (1) In recognition of the benefits of long-range planning
1088 for specific areas, local governments or combinations of local
1089 governments may adopt into their comprehensive plans a sector
1090 plan in accordance with this section. This section is intended
1091 to promote and encourage long-term planning for conservation,
1092 development, and agriculture on a landscape scale; to further
1093 support the intent of s. 163.3177(11), which supports innovative
1094 and flexible planning and development strategies, and the
1095 purposes of this part and part I of chapter 380; to facilitate
1096 protection of regionally significant resources, including, but
1097 not limited to, regionally significant water courses and
1098 wildlife corridors; and to avoid duplication of effort in terms
1099 of the level of data and analysis required for a development of
1100 regional impact, while ensuring the adequate mitigation of
1101 impacts to applicable regional resources and facilities,
1102 including those within the jurisdiction of other local
1103 governments, as would otherwise be provided. Sector plans are
1104 intended for substantial geographic areas that include at least
1105 15,000 acres of one or more local governmental jurisdictions and
1106 are to emphasize urban form and protection of regionally
1107 significant resources and public facilities. A sector plan may
1108 not be adopted in an area of critical state concern.
1109 (7) Beginning December 1, 1999, and each year thereafter,
1110 the department shall provide a status report to the President of
1111 the Senate and the Speaker of the House of Representatives
1112 regarding each optional sector plan authorized under this
1113 section.
1114 Section 11. Paragraph (d) of subsection (2) of section
1115 186.002, Florida Statutes, is amended to read:
1116 186.002 Findings and intent.—
1117 (2) It is the intent of the Legislature that:
1118 (d) The state planning process shall be informed and guided
1119 by the experience of public officials at all levels of
1120 government. In preparing any plans or proposed revisions or
1121 amendments required by this chapter, the Governor shall consider
1122 the experience of and information provided by local governments
1123 in their evaluation and appraisal reports pursuant to s.
1124 163.3191.
1125 Section 12. Subsection (8) of section 186.007, Florida
1126 Statutes, is amended to read:
1127 186.007 State comprehensive plan; preparation; revision.—
1128 (8) The revision of the state comprehensive plan is a
1129 continuing process. Each section of the plan shall be reviewed
1130 and analyzed biennially by the Executive Office of the Governor
1131 in conjunction with the planning officers of other state
1132 agencies significantly affected by the provisions of the
1133 particular section under review. In conducting this review and
1134 analysis, the Executive Office of the Governor shall review and
1135 consider, with the assistance of the state land planning agency
1136 and regional planning councils, the evaluation and appraisal
1137 reports submitted pursuant to s. 163.3191 and the evaluation and
1138 appraisal reports prepared pursuant to s. 186.511. Any necessary
1139 revisions of the state comprehensive plan shall be proposed by
1140 the Governor in a written report and be accompanied by an
1141 explanation of the need for such changes. If the Governor
1142 determines that changes are unnecessary, the written report must
1143 explain why changes are unnecessary. The proposed revisions and
1144 accompanying explanations may be submitted in the report
1145 required by s. 186.031. Any proposed revisions to the plan shall
1146 be submitted to the Legislature as provided in s. 186.008(2) at
1147 least 30 days before prior to the regular legislative session
1148 occurring in each even-numbered year.
1149 Section 13. Subsection (26) is added to section 186.505,
1150 Florida Statutes, to read:
1151 186.505 Regional planning councils; powers and duties.—Any
1152 regional planning council created hereunder shall have the
1153 following powers:
1154 (26) To provide consulting services to a private developer
1155 or landowner for a project, if not serving in a review capacity
1156 in the future, except that statutorily mandated services may be
1157 provided by the regional planning council regardless of its
1158 review role.
1159 Section 14. Subsection (1) of section 186.508, Florida
1160 Statutes, is amended to read:
1161 186.508 Strategic regional policy plan adoption;
1162 consistency with state comprehensive plan.—
1163 (1) Each regional planning council shall submit to the
1164 Executive Office of the Governor its proposed strategic regional
1165 policy plan on a schedule established by the Executive Office of
1166 the Governor to coordinate implementation of the strategic
1167 regional policy plans with the evaluation and appraisal process
1168 reports required by s. 163.3191. The Executive Office of the
1169 Governor, or its designee, shall review the proposed strategic
1170 regional policy plan to ensure consistency with the adopted
1171 state comprehensive plan and shall, within 60 days, provide any
1172 recommended revisions. The Governor’s recommended revisions
1173 shall be included in the plans in a comment section. However,
1174 nothing in this section precludes herein shall preclude a
1175 regional planning council from adopting or rejecting any or all
1176 of the revisions as a part of its plan before prior to the
1177 effective date of the plan. The rules adopting the strategic
1178 regional policy plan are shall not be subject to rule challenge
1179 under s. 120.56(2) or to drawout proceedings under s.
1180 120.54(3)(c)2., but, once adopted, are shall be subject to an
1181 invalidity challenge under s. 120.56(3) by substantially
1182 affected persons, including the Executive Office of the
1183 Governor. The rules shall be adopted by the regional planning
1184 councils, and shall become effective upon filing with the
1185 Department of State, notwithstanding the provisions of s.
1186 120.54(3)(e)6.
1187 Section 15. Subsections (2) and (3) of section 189.415,
1188 Florida Statutes, are amended to read:
1189 189.415 Special district public facilities report.—
1190 (2) Each independent special district shall submit to each
1191 local general-purpose government in which it is located a public
1192 facilities report and an annual notice of any changes. The
1193 public facilities report shall specify the following
1194 information:
1195 (a) A description of existing public facilities owned or
1196 operated by the special district, and each public facility that
1197 is operated by another entity, except a local general-purpose
1198 government, through a lease or other agreement with the special
1199 district. This description shall include the current capacity of
1200 the facility, the current demands placed upon it, and its
1201 location. This information shall be required in the initial
1202 report and updated every 7 5 years at least 12 months before
1203 prior to the submission date of the evaluation and appraisal
1204 notification letter report of the appropriate local government
1205 required by s. 163.3191. The department shall post a schedule on
1206 its website, based on the evaluation and appraisal notification
1207 schedule prepared pursuant to s. 163.3191(5), for use by a
1208 special district to determine when its public facilities report
1209 and updates to that report are due to the local general-purpose
1210 governments in which the special district is located. At least
1211 12 months prior to the date on which each special district’s
1212 first updated report is due, the department shall notify each
1213 independent district on the official list of special districts
1214 compiled pursuant to s. 189.4035 of the schedule for submission
1215 of the evaluation and appraisal report by each local government
1216 within the special district’s jurisdiction.
1217 (b) A description of each public facility the district is
1218 building, improving, or expanding, or is currently proposing to
1219 build, improve, or expand within at least the next 7 5 years,
1220 including any facilities that the district is assisting another
1221 entity, except a local general-purpose government, to build,
1222 improve, or expand through a lease or other agreement with the
1223 district. For each public facility identified, the report shall
1224 describe how the district currently proposes to finance the
1225 facility.
1226 (c) If the special district currently proposes to replace
1227 any facilities identified in paragraph (a) or paragraph (b)
1228 within the next 10 years, the date when such facility will be
1229 replaced.
1230 (d) The anticipated time the construction, improvement, or
1231 expansion of each facility will be completed.
1232 (e) The anticipated capacity of and demands on each public
1233 facility when completed. In the case of an improvement or
1234 expansion of a public facility, both the existing and
1235 anticipated capacity must be listed.
1236 (3) A special district proposing to build, improve, or
1237 expand a public facility which requires a certificate of need
1238 pursuant to chapter 408 shall elect to notify the appropriate
1239 local general-purpose government of its plans either in its 7
1240 year 5-year plan or at the time the letter of intent is filed
1241 with the Agency for Health Care Administration pursuant to s.
1242 408.039.
1243 Section 16. Subsection (5) of section 288.975, Florida
1244 Statutes, is amended to read:
1245 288.975 Military base reuse plans.—
1246 (5) At the discretion of the host local government, the
1247 provisions of this act may be complied with through the adoption
1248 of the military base reuse plan as a separate component of the
1249 local government comprehensive plan or through simultaneous
1250 amendments to all pertinent portions of the local government
1251 comprehensive plan. Once adopted and approved in accordance with
1252 this section, the military base reuse plan shall be considered
1253 to be part of the host local government’s comprehensive plan and
1254 shall be thereafter implemented, amended, and reviewed pursuant
1255 to in accordance with the provisions of part II of chapter 163.
1256 Local government comprehensive plan amendments necessary to
1257 initially adopt the military base reuse plan shall be exempt
1258 from the limitation on the frequency of plan amendments
1259 contained in s. 163.3187(1).
1260 Section 17. Paragraph (b) of subsection (6), paragraph (e)
1261 of subsection (19), subsection (24), and paragraph (b) of
1262 subsection (29) of section 380.06, Florida Statutes, are amended
1263 to read:
1264 380.06 Developments of regional impact.—
1265 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
1266 PLAN AMENDMENTS.—
1267 (b) Any local government comprehensive plan amendments
1268 related to a proposed development of regional impact, including
1269 any changes proposed under subsection (19), may be initiated by
1270 a local planning agency or the developer and must be considered
1271 by the local governing body at the same time as the application
1272 for development approval using the procedures provided for local
1273 plan amendment in s. 163.3184 s. 163.3187 and applicable local
1274 ordinances, without regard to local limits on the frequency of
1275 consideration of amendments to the local comprehensive plan.
1276 This paragraph does not require favorable consideration of a
1277 plan amendment solely because it is related to a development of
1278 regional impact. The procedure for processing such comprehensive
1279 plan amendments is as follows:
1280 1. If a developer seeks a comprehensive plan amendment
1281 related to a development of regional impact, the developer must
1282 so notify in writing the regional planning agency, the
1283 applicable local government, and the state land planning agency
1284 no later than the date of preapplication conference or the
1285 submission of the proposed change under subsection (19).
1286 2. When filing the application for development approval or
1287 the proposed change, the developer must include a written
1288 request for comprehensive plan amendments that would be
1289 necessitated by the development-of-regional-impact approvals
1290 sought. That request must include data and analysis upon which
1291 the applicable local government can determine whether to
1292 transmit the comprehensive plan amendment pursuant to s.
1293 163.3184.
1294 3. The local government must advertise a public hearing on
1295 the transmittal within 30 days after filing the application for
1296 development approval or the proposed change and must make a
1297 determination on the transmittal within 60 days after the
1298 initial filing unless that time is extended by the developer.
1299 4. If the local government approves the transmittal,
1300 procedures set forth in s. 163.3184 s. 163.3184(4)(b)-(d) must
1301 be followed.
1302 5. Notwithstanding subsection (11) or subsection (19), the
1303 local government may not hold a public hearing on the
1304 application for development approval or the proposed change or
1305 on the comprehensive plan amendments sooner than 30 days after
1306 reviewing agency comments are due to the local government from
1307 receipt of the response from the state land planning agency
1308 pursuant to s. 163.3184 s. 163.3184(4)(d).
1309 6. The local government must hear both the application for
1310 development approval or the proposed change and the
1311 comprehensive plan amendments at the same hearing. However, the
1312 local government must take action separately on the application
1313 for development approval or the proposed change and on the
1314 comprehensive plan amendments.
1315 7. Thereafter, the appeal process for the local government
1316 development order must follow the provisions of s. 380.07, and
1317 the compliance process for the comprehensive plan amendments
1318 must follow the provisions of s. 163.3184.
1319 (19) SUBSTANTIAL DEVIATIONS.—
1320 (e)1. Except for a development order rendered pursuant to
1321 subsection (22) or subsection (25), a proposed change to a
1322 development order that individually or cumulatively with any
1323 previous change is less than any numerical criterion contained
1324 in subparagraphs (b)1.-10. and does not exceed any other
1325 criterion, or that involves an extension of the buildout date of
1326 a development, or any phase thereof, of less than 5 years is not
1327 subject to the public hearing requirements of subparagraph
1328 (f)3., and is not subject to a determination pursuant to
1329 subparagraph (f)5. Notice of the proposed change shall be made
1330 to the regional planning council and the state land planning
1331 agency. Such notice shall include a description of previous
1332 individual changes made to the development, including changes
1333 previously approved by the local government, and shall include
1334 appropriate amendments to the development order.
1335 2. The following changes, individually or cumulatively with
1336 any previous changes, are not substantial deviations:
1337 a. Changes in the name of the project, developer, owner, or
1338 monitoring official.
1339 b. Changes to a setback that do not affect noise buffers,
1340 environmental protection or mitigation areas, or archaeological
1341 or historical resources.
1342 c. Changes to minimum lot sizes.
1343 d. Changes in the configuration of internal roads that do
1344 not affect external access points.
1345 e. Changes to the building design or orientation that stay
1346 approximately within the approved area designated for such
1347 building and parking lot, and which do not affect historical
1348 buildings designated as significant by the Division of
1349 Historical Resources of the Department of State.
1350 f. Changes to increase the acreage in the development,
1351 provided that no development is proposed on the acreage to be
1352 added.
1353 g. Changes to eliminate an approved land use, provided that
1354 there are no additional regional impacts.
1355 h. Changes required to conform to permits approved by any
1356 federal, state, or regional permitting agency, provided that
1357 these changes do not create additional regional impacts.
1358 i. Any renovation or redevelopment of development within a
1359 previously approved development of regional impact which does
1360 not change land use or increase density or intensity of use.
1361 j. Changes that modify boundaries and configuration of
1362 areas described in subparagraph (b)11. due to science-based
1363 refinement of such areas by survey, by habitat evaluation, by
1364 other recognized assessment methodology, or by an environmental
1365 assessment. In order for changes to qualify under this sub
1366 subparagraph, the survey, habitat evaluation, or assessment must
1367 occur prior to the time a conservation easement protecting such
1368 lands is recorded and must not result in any net decrease in the
1369 total acreage of the lands specifically set aside for permanent
1370 preservation in the final development order.
1371 k. Any other change which the state land planning agency,
1372 in consultation with the regional planning council, agrees in
1373 writing is similar in nature, impact, or character to the
1374 changes enumerated in sub-subparagraphs a.-j. and which does not
1375 create the likelihood of any additional regional impact.
1376
1377 This subsection does not require the filing of a notice of
1378 proposed change but shall require an application to the local
1379 government to amend the development order in accordance with the
1380 local government’s procedures for amendment of a development
1381 order. In accordance with the local government’s procedures,
1382 including requirements for notice to the applicant and the
1383 public, the local government shall either deny the application
1384 for amendment or adopt an amendment to the development order
1385 which approves the application with or without conditions.
1386 Following adoption, the local government shall render to the
1387 state land planning agency the amendment to the development
1388 order. The state land planning agency may appeal, pursuant to s.
1389 380.07(3), the amendment to the development order if the
1390 amendment involves sub-subparagraph g., sub-subparagraph h.,
1391 sub-subparagraph j., or sub-subparagraph k., and it believes the
1392 change creates a reasonable likelihood of new or additional
1393 regional impacts.
1394 3. Except for the change authorized by sub-subparagraph
1395 2.f., any addition of land not previously reviewed or any change
1396 not specified in paragraph (b) or paragraph (c) shall be
1397 presumed to create a substantial deviation. This presumption may
1398 be rebutted by clear and convincing evidence.
1399 4. Any submittal of a proposed change to a previously
1400 approved development shall include a description of individual
1401 changes previously made to the development, including changes
1402 previously approved by the local government. The local
1403 government shall consider the previous and current proposed
1404 changes in deciding whether such changes cumulatively constitute
1405 a substantial deviation requiring further development-of
1406 regional-impact review.
1407 5. The following changes to an approved development of
1408 regional impact shall be presumed to create a substantial
1409 deviation. Such presumption may be rebutted by clear and
1410 convincing evidence.
1411 a. A change proposed for 15 percent or more of the acreage
1412 to a land use not previously approved in the development order.
1413 Changes of less than 15 percent shall be presumed not to create
1414 a substantial deviation.
1415 b. Notwithstanding any provision of paragraph (b) to the
1416 contrary, a proposed change consisting of simultaneous increases
1417 and decreases of at least two of the uses within an authorized
1418 multiuse development of regional impact which was originally
1419 approved with three or more uses specified in s. 380.0651(3)(c)
1420 and (d) s. 380.0651(3)(c), (d), and (e) and residential use.
1421 6. If a local government agrees to a proposed change, a
1422 change in the transportation proportionate share calculation and
1423 mitigation plan in an adopted development order as a result of
1424 recalculation of the proportionate share contribution meeting
1425 the requirements of s. 163.3180(5)(h) in effect as of the date
1426 of such change shall be presumed not to create a substantial
1427 deviation. For purposes of this subsection, the proposed change
1428 in the proportionate share calculation or mitigation plan shall
1429 not be considered an additional regional transportation impact.
1430 (24) STATUTORY EXEMPTIONS.—
1431 (a) Any proposed hospital is exempt from this section.
1432 (b) Any proposed electrical transmission line or electrical
1433 power plant is exempt from this section.
1434 (c) Any proposed addition to an existing sports facility
1435 complex is exempt from this section if the addition meets the
1436 following characteristics:
1437 1. It would not operate concurrently with the scheduled
1438 hours of operation of the existing facility.
1439 2. Its seating capacity would be no more than 75 percent of
1440 the capacity of the existing facility.
1441 3. The sports facility complex property is owned by a
1442 public body before July 1, 1983.
1443
1444 This exemption does not apply to any pari-mutuel facility.
1445 (d) Any proposed addition or cumulative additions
1446 subsequent to July 1, 1988, to an existing sports facility
1447 complex owned by a state university is exempt if the increased
1448 seating capacity of the complex is no more than 30 percent of
1449 the capacity of the existing facility.
1450 (e) Any addition of permanent seats or parking spaces for
1451 an existing sports facility located on property owned by a
1452 public body before July 1, 1973, is exempt from this section if
1453 future additions do not expand existing permanent seating or
1454 parking capacity more than 15 percent annually in excess of the
1455 prior year’s capacity.
1456 (f) Any increase in the seating capacity of an existing
1457 sports facility having a permanent seating capacity of at least
1458 50,000 spectators is exempt from this section, provided that
1459 such an increase does not increase permanent seating capacity by
1460 more than 5 percent per year and not to exceed a total of 10
1461 percent in any 5-year period, and provided that the sports
1462 facility notifies the appropriate local government within which
1463 the facility is located of the increase at least 6 months before
1464 the initial use of the increased seating, in order to permit the
1465 appropriate local government to develop a traffic management
1466 plan for the traffic generated by the increase. Any traffic
1467 management plan shall be consistent with the local comprehensive
1468 plan, the regional policy plan, and the state comprehensive
1469 plan.
1470 (g) Any expansion in the permanent seating capacity or
1471 additional improved parking facilities of an existing sports
1472 facility is exempt from this section, if the following
1473 conditions exist:
1474 1.a. The sports facility had a permanent seating capacity
1475 on January 1, 1991, of at least 41,000 spectator seats;
1476 b. The sum of such expansions in permanent seating capacity
1477 does not exceed a total of 10 percent in any 5-year period and
1478 does not exceed a cumulative total of 20 percent for any such
1479 expansions; or
1480 c. The increase in additional improved parking facilities
1481 is a one-time addition and does not exceed 3,500 parking spaces
1482 serving the sports facility; and
1483 2. The local government having jurisdiction of the sports
1484 facility includes in the development order or development permit
1485 approving such expansion under this paragraph a finding of fact
1486 that the proposed expansion is consistent with the
1487 transportation, water, sewer and stormwater drainage provisions
1488 of the approved local comprehensive plan and local land
1489 development regulations relating to those provisions.
1490
1491 Any owner or developer who intends to rely on this statutory
1492 exemption shall provide to the department a copy of the local
1493 government application for a development permit. Within 45 days
1494 after receipt of the application, the department shall render to
1495 the local government an advisory and nonbinding opinion, in
1496 writing, stating whether, in the department’s opinion, the
1497 prescribed conditions exist for an exemption under this
1498 paragraph. The local government shall render the development
1499 order approving each such expansion to the department. The
1500 owner, developer, or department may appeal the local government
1501 development order pursuant to s. 380.07, within 45 days after
1502 the order is rendered. The scope of review shall be limited to
1503 the determination of whether the conditions prescribed in this
1504 paragraph exist. If any sports facility expansion undergoes
1505 development-of-regional-impact review, all previous expansions
1506 which were exempt under this paragraph shall be included in the
1507 development-of-regional-impact review.
1508 (h) Expansion to port harbors, spoil disposal sites,
1509 navigation channels, turning basins, harbor berths, and other
1510 related inwater harbor facilities of ports listed in s.
1511 403.021(9)(b), port transportation facilities and projects
1512 listed in s. 311.07(3)(b), and intermodal transportation
1513 facilities identified pursuant to s. 311.09(3) are exempt from
1514 this section when such expansions, projects, or facilities are
1515 consistent with comprehensive master plans that are in
1516 compliance with s. 163.3178.
1517 (i) Any proposed facility for the storage of any petroleum
1518 product or any expansion of an existing facility is exempt from
1519 this section.
1520 (j) Any renovation or redevelopment within the same land
1521 parcel which does not change land use or increase density or
1522 intensity of use.
1523 (k) Waterport and marina development, including dry storage
1524 facilities, are exempt from this section.
1525 (l) Any proposed development within an urban service
1526 boundary established under s. 163.3177(14), Florida Statutes
1527 (2010), which is not otherwise exempt pursuant to subsection
1528 (29), is exempt from this section if the local government having
1529 jurisdiction over the area where the development is proposed has
1530 adopted the urban service boundary and has entered into a
1531 binding agreement with jurisdictions that would be impacted and
1532 with the Department of Transportation regarding the mitigation
1533 of impacts on state and regional transportation facilities.
1534 (m) Any proposed development within a rural land
1535 stewardship area created under s. 163.3248.
1536 (n) The establishment, relocation, or expansion of any
1537 military installation as defined in s. 163.3175, is exempt from
1538 this section.
1539 (o) Any self-storage warehousing that does not allow retail
1540 or other services is exempt from this section.
1541 (p) Any proposed nursing home or assisted living facility
1542 is exempt from this section.
1543 (q) Any development identified in an airport master plan
1544 and adopted into the comprehensive plan pursuant to s.
1545 163.3177(6)(b)4. s. 163.3177(6)(k) is exempt from this section.
1546 (r) Any development identified in a campus master plan and
1547 adopted pursuant to s. 1013.30 is exempt from this section.
1548 (s) Any development in a detailed specific area plan which
1549 is prepared and adopted pursuant to s. 163.3245 is exempt from
1550 this section.
1551 (t) Any proposed solid mineral mine and any proposed
1552 addition to, expansion of, or change to an existing solid
1553 mineral mine is exempt from this section. A mine owner will
1554 enter into a binding agreement with the Department of
1555 Transportation to mitigate impacts to strategic intermodal
1556 system facilities pursuant to the transportation thresholds in
1557 subsection (19) or rule 9J-2.045(6), Florida Administrative
1558 Code. Proposed changes to any previously approved solid mineral
1559 mine development-of-regional-impact development orders having
1560 vested rights are is not subject to further review or approval
1561 as a development-of-regional-impact or notice-of-proposed-change
1562 review or approval pursuant to subsection (19), except for those
1563 applications pending as of July 1, 2011, which shall be governed
1564 by s. 380.115(2). Notwithstanding the foregoing, however,
1565 pursuant to s. 380.115(1), previously approved solid mineral
1566 mine development-of-regional-impact development orders shall
1567 continue to enjoy vested rights and continue to be effective
1568 unless rescinded by the developer. All local government
1569 regulations of proposed solid mineral mines shall be applicable
1570 to any new solid mineral mine or to any proposed addition to,
1571 expansion of, or change to an existing solid mineral mine.
1572 (u) Notwithstanding any provisions in an agreement with or
1573 among a local government, regional agency, or the state land
1574 planning agency or in a local government’s comprehensive plan to
1575 the contrary, a project no longer subject to development-of
1576 regional-impact review under revised thresholds is not required
1577 to undergo such review.
1578 (v) Any development within a county with a research and
1579 education authority created by special act and that is also
1580 within a research and development park that is operated or
1581 managed by a research and development authority pursuant to part
1582 V of chapter 159 is exempt from this section.
1583 (w) Any development in an energy economic zone designated
1584 pursuant to s. 377.809 is exempt from this section upon approval
1585 by its local governing body.
1586
1587 If a use is exempt from review as a development of regional
1588 impact under paragraphs (a)-(u), but will be part of a larger
1589 project that is subject to review as a development of regional
1590 impact, the impact of the exempt use must be included in the
1591 review of the larger project, unless such exempt use involves a
1592 development of regional impact that includes a landowner,
1593 tenant, or user that has entered into a funding agreement with
1594 the Department of Economic Opportunity under the Innovation
1595 Incentive Program and the agreement contemplates a state award
1596 of at least $50 million.
1597 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
1598 (b) If a municipality that does not qualify as a dense
1599 urban land area pursuant to paragraph (a) s. 163.3164 designates
1600 any of the following areas in its comprehensive plan, any
1601 proposed development within the designated area is exempt from
1602 the development-of-regional-impact process:
1603 1. Urban infill as defined in s. 163.3164;
1604 2. Community redevelopment areas as defined in s. 163.340;
1605 3. Downtown revitalization areas as defined in s. 163.3164;
1606 4. Urban infill and redevelopment under s. 163.2517; or
1607 5. Urban service areas as defined in s. 163.3164 or areas
1608 within a designated urban service boundary under s.
1609 163.3177(14).
1610 Section 18. Subsection (1) of section 380.115, Florida
1611 Statutes, is amended to read:
1612 380.115 Vested rights and duties; effect of size reduction,
1613 changes in guidelines and standards.—
1614 (1) A change in a development-of-regional-impact guideline
1615 and standard does not abridge or modify any vested or other
1616 right or any duty or obligation pursuant to any development
1617 order or agreement that is applicable to a development of
1618 regional impact. A development that has received a development
1619 of-regional-impact development order pursuant to s. 380.06, but
1620 is no longer required to undergo development-of-regional-impact
1621 review by operation of a change in the guidelines and standards
1622 or has reduced its size below the thresholds in s. 380.0651, or
1623 a development that is exempt pursuant to s. 380.06(24) or s.
1624 380.06(29) shall be governed by the following procedures:
1625 (a) The development shall continue to be governed by the
1626 development-of-regional-impact development order and may be
1627 completed in reliance upon and pursuant to the development order
1628 unless the developer or landowner has followed the procedures
1629 for rescission in paragraph (b). Any proposed changes to those
1630 developments which continue to be governed by a development
1631 order shall be approved pursuant to s. 380.06(19) as it existed
1632 prior to a change in the development-of-regional-impact
1633 guidelines and standards, except that all percentage criteria
1634 shall be doubled and all other criteria shall be increased by 10
1635 percent. The development-of-regional-impact development order
1636 may be enforced by the local government as provided by ss.
1637 380.06(17) and 380.11.
1638 (b) If requested by the developer or landowner, the
1639 development-of-regional-impact development order shall be
1640 rescinded by the local government having jurisdiction upon a
1641 showing that all required mitigation related to the amount of
1642 development that existed on the date of rescission has been
1643 completed.
1644 Section 19. Section 1013.33, Florida Statutes, is amended
1645 to read:
1646 1013.33 Coordination of planning with local governing
1647 bodies.—
1648 (1) It is the policy of this state to require the
1649 coordination of planning between boards and local governing
1650 bodies to ensure that plans for the construction and opening of
1651 public educational facilities are facilitated and coordinated in
1652 time and place with plans for residential development,
1653 concurrently with other necessary services. Such planning shall
1654 include the integration of the educational facilities plan and
1655 applicable policies and procedures of a board with the local
1656 comprehensive plan and land development regulations of local
1657 governments. The planning must include the consideration of
1658 allowing students to attend the school located nearest their
1659 homes when a new housing development is constructed near a
1660 county boundary and it is more feasible to transport the
1661 students a short distance to an existing facility in an adjacent
1662 county than to construct a new facility or transport students
1663 longer distances in their county of residence. The planning must
1664 also consider the effects of the location of public education
1665 facilities, including the feasibility of keeping central city
1666 facilities viable, in order to encourage central city
1667 redevelopment and the efficient use of infrastructure and to
1668 discourage uncontrolled urban sprawl. In addition, all parties
1669 to the planning process must consult with state and local road
1670 departments to assist in implementing the Safe Paths to Schools
1671 program administered by the Department of Transportation.
1672 (2)(a) The school board, county, and nonexempt
1673 municipalities located within the geographic area of a school
1674 district shall enter into an interlocal agreement according to
1675 s. 163.31777, which that jointly establishes the specific ways
1676 in which the plans and processes of the district school board
1677 and the local governments are to be coordinated. The interlocal
1678 agreements shall be submitted to the state land planning agency
1679 and the Office of Educational Facilities in accordance with a
1680 schedule published by the state land planning agency.
1681 (b) The schedule must establish staggered due dates for
1682 submission of interlocal agreements that are executed by both
1683 the local government and district school board, commencing on
1684 March 1, 2003, and concluding by December 1, 2004, and must set
1685 the same date for all governmental entities within a school
1686 district. However, if the county where the school district is
1687 located contains more than 20 municipalities, the state land
1688 planning agency may establish staggered due dates for the
1689 submission of interlocal agreements by these municipalities. The
1690 schedule must begin with those areas where both the number of
1691 districtwide capital-outlay full-time-equivalent students equals
1692 80 percent or more of the current year’s school capacity and the
1693 projected 5-year student growth rate is 1,000 or greater, or
1694 where the projected 5-year student growth rate is 10 percent or
1695 greater.
1696 (c) If the student population has declined over the 5-year
1697 period preceding the due date for submittal of an interlocal
1698 agreement by the local government and the district school board,
1699 the local government and district school board may petition the
1700 state land planning agency for a waiver of one or more of the
1701 requirements of subsection (3). The waiver must be granted if
1702 the procedures called for in subsection (3) are unnecessary
1703 because of the school district’s declining school age
1704 population, considering the district’s 5-year work program
1705 prepared pursuant to s. 1013.35. The state land planning agency
1706 may modify or revoke the waiver upon a finding that the
1707 conditions upon which the waiver was granted no longer exist.
1708 The district school board and local governments must submit an
1709 interlocal agreement within 1 year after notification by the
1710 state land planning agency that the conditions for a waiver no
1711 longer exist.
1712 (d) Interlocal agreements between local governments and
1713 district school boards adopted pursuant to s. 163.3177 before
1714 the effective date of subsections (2)-(7) must be updated and
1715 executed pursuant to the requirements of subsections (2)-(7), if
1716 necessary. Amendments to interlocal agreements adopted pursuant
1717 to subsections (2)-(7) must be submitted to the state land
1718 planning agency within 30 days after execution by the parties
1719 for review consistent with subsections (3) and (4). Local
1720 governments and the district school board in each school
1721 district are encouraged to adopt a single interlocal agreement
1722 in which all join as parties. The state land planning agency
1723 shall assemble and make available model interlocal agreements
1724 meeting the requirements of subsections (2)-(7) and shall notify
1725 local governments and, jointly with the Department of Education,
1726 the district school boards of the requirements of subsections
1727 (2)-(7), the dates for compliance, and the sanctions for
1728 noncompliance. The state land planning agency shall be available
1729 to informally review proposed interlocal agreements. If the
1730 state land planning agency has not received a proposed
1731 interlocal agreement for informal review, the state land
1732 planning agency shall, at least 60 days before the deadline for
1733 submission of the executed agreement, renotify the local
1734 government and the district school board of the upcoming
1735 deadline and the potential for sanctions.
1736 (3) At a minimum, the interlocal agreement must address
1737 interlocal agreement requirements in s. 163.31777 and, if
1738 applicable, s. 163.3180(6), and must address the following
1739 issues:
1740 (a) A process by which each local government and the
1741 district school board agree and base their plans on consistent
1742 projections of the amount, type, and distribution of population
1743 growth and student enrollment. The geographic distribution of
1744 jurisdiction-wide growth forecasts is a major objective of the
1745 process.
1746 (b) A process to coordinate and share information relating
1747 to existing and planned public school facilities, including
1748 school renovations and closures, and local government plans for
1749 development and redevelopment.
1750 (c) Participation by affected local governments with the
1751 district school board in the process of evaluating potential
1752 school closures, significant renovations to existing schools,
1753 and new school site selection before land acquisition. Local
1754 governments shall advise the district school board as to the
1755 consistency of the proposed closure, renovation, or new site
1756 with the local comprehensive plan, including appropriate
1757 circumstances and criteria under which a district school board
1758 may request an amendment to the comprehensive plan for school
1759 siting.
1760 (d) A process for determining the need for and timing of
1761 onsite and offsite improvements to support new construction,
1762 proposed expansion, or redevelopment of existing schools. The
1763 process shall address identification of the party or parties
1764 responsible for the improvements.
1765 (e) A process for the school board to inform the local
1766 government regarding the effect of comprehensive plan amendments
1767 on school capacity. The capacity reporting must be consistent
1768 with laws and rules regarding measurement of school facility
1769 capacity and must also identify how the district school board
1770 will meet the public school demand based on the facilities work
1771 program adopted pursuant to s. 1013.35.
1772 (f) Participation of the local governments in the
1773 preparation of the annual update to the school board’s 5-year
1774 district facilities work program and educational plant survey
1775 prepared pursuant to s. 1013.35.
1776 (g) A process for determining where and how joint use of
1777 either school board or local government facilities can be shared
1778 for mutual benefit and efficiency.
1779 (h) A procedure for the resolution of disputes between the
1780 district school board and local governments, which may include
1781 the dispute resolution processes contained in chapters 164 and
1782 186.
1783 (i) An oversight process, including an opportunity for
1784 public participation, for the implementation of the interlocal
1785 agreement.
1786 (4)(a) The Office of Educational Facilities shall submit
1787 any comments or concerns regarding the executed interlocal
1788 agreement to the state land planning agency within 30 days after
1789 receipt of the executed interlocal agreement. The state land
1790 planning agency shall review the executed interlocal agreement
1791 to determine whether it is consistent with the requirements of
1792 subsection (3), the adopted local government comprehensive plan,
1793 and other requirements of law. Within 60 days after receipt of
1794 an executed interlocal agreement, the state land planning agency
1795 shall publish a notice of intent in the Florida Administrative
1796 Weekly and shall post a copy of the notice on the agency’s
1797 Internet site. The notice of intent must state that the
1798 interlocal agreement is consistent or inconsistent with the
1799 requirements of subsection (3) and this subsection as
1800 appropriate.
1801 (b) The state land planning agency’s notice is subject to
1802 challenge under chapter 120; however, an affected person, as
1803 defined in s. 163.3184(1)(a), has standing to initiate the
1804 administrative proceeding, and this proceeding is the sole means
1805 available to challenge the consistency of an interlocal
1806 agreement required by this section with the criteria contained
1807 in subsection (3) and this subsection. In order to have
1808 standing, each person must have submitted oral or written
1809 comments, recommendations, or objections to the local government
1810 or the school board before the adoption of the interlocal
1811 agreement by the district school board and local government. The
1812 district school board and local governments are parties to any
1813 such proceeding. In this proceeding, when the state land
1814 planning agency finds the interlocal agreement to be consistent
1815 with the criteria in subsection (3) and this subsection, the
1816 interlocal agreement must be determined to be consistent with
1817 subsection (3) and this subsection if the local government’s and
1818 school board’s determination of consistency is fairly debatable.
1819 When the state land planning agency finds the interlocal
1820 agreement to be inconsistent with the requirements of subsection
1821 (3) and this subsection, the local government’s and school
1822 board’s determination of consistency shall be sustained unless
1823 it is shown by a preponderance of the evidence that the
1824 interlocal agreement is inconsistent.
1825 (c) If the state land planning agency enters a final order
1826 that finds that the interlocal agreement is inconsistent with
1827 the requirements of subsection (3) or this subsection, the state
1828 land planning agency shall forward it to the Administration
1829 Commission, which may impose sanctions against the local
1830 government pursuant to s. 163.3184(11) and may impose sanctions
1831 against the district school board by directing the Department of
1832 Education to withhold an equivalent amount of funds for school
1833 construction available pursuant to ss. 1013.65, 1013.68,
1834 1013.70, and 1013.72.
1835 (5) If an executed interlocal agreement is not timely
1836 submitted to the state land planning agency for review, the
1837 state land planning agency shall, within 15 working days after
1838 the deadline for submittal, issue to the local government and
1839 the district school board a notice to show cause why sanctions
1840 should not be imposed for failure to submit an executed
1841 interlocal agreement by the deadline established by the agency.
1842 The agency shall forward the notice and the responses to the
1843 Administration Commission, which may enter a final order citing
1844 the failure to comply and imposing sanctions against the local
1845 government and district school board by directing the
1846 appropriate agencies to withhold at least 5 percent of state
1847 funds pursuant to s. 163.3184(11) and by directing the
1848 Department of Education to withhold from the district school
1849 board at least 5 percent of funds for school construction
1850 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
1851 1013.72.
1852 (6) Any local government transmitting a public school
1853 element to implement school concurrency pursuant to the
1854 requirements of s. 163.3180 before the effective date of this
1855 section is not required to amend the element or any interlocal
1856 agreement to conform with the provisions of subsections (2)-(6)
1857 if the element is adopted prior to or within 1 year after the
1858 effective date of subsections (2)-(6) and remains in effect.
1859 (3)(7) A board and the local governing body must share and
1860 coordinate information related to existing and planned school
1861 facilities; proposals for development, redevelopment, or
1862 additional development; and infrastructure required to support
1863 the school facilities, concurrent with proposed development. A
1864 school board shall use information produced by the demographic,
1865 revenue, and education estimating conferences pursuant to s.
1866 216.136 when preparing the district educational facilities plan
1867 pursuant to s. 1013.35, as modified and agreed to by the local
1868 governments, when provided by interlocal agreement, and the
1869 Office of Educational Facilities, in consideration of local
1870 governments’ population projections, to ensure that the district
1871 educational facilities plan not only reflects enrollment
1872 projections but also considers applicable municipal and county
1873 growth and development projections. The projections must be
1874 apportioned geographically with assistance from the local
1875 governments using local government trend data and the school
1876 district student enrollment data. A school board is precluded
1877 from siting a new school in a jurisdiction where the school
1878 board has failed to provide the annual educational facilities
1879 plan for the prior year required pursuant to s. 1013.35 unless
1880 the failure is corrected.
1881 (4)(8) The location of educational facilities shall be
1882 consistent with the comprehensive plan of the appropriate local
1883 governing body developed under part II of chapter 163 and
1884 consistent with the plan’s implementing land development
1885 regulations.
1886 (5)(9) To improve coordination relative to potential
1887 educational facility sites, a board shall provide written notice
1888 to the local government that has regulatory authority over the
1889 use of the land consistent with an interlocal agreement entered
1890 pursuant to s. 163.31777 subsections (2)-(6) at least 60 days
1891 before prior to acquiring or leasing property that may be used
1892 for a new public educational facility. The local government,
1893 upon receipt of this notice, shall notify the board within 45
1894 days if the site proposed for acquisition or lease is consistent
1895 with the land use categories and policies of the local
1896 government’s comprehensive plan. This preliminary notice does
1897 not constitute the local government’s determination of
1898 consistency pursuant to subsection (6) (10).
1899 (6)(10) As early in the design phase as feasible and
1900 consistent with an interlocal agreement entered pursuant to s.
1901 163.31777 subsections (2)-(6), but no later than 90 days before
1902 commencing construction, the district school board shall in
1903 writing request a determination of consistency with the local
1904 government’s comprehensive plan. The local governing body that
1905 regulates the use of land shall determine, in writing within 45
1906 days after receiving the necessary information and a school
1907 board’s request for a determination, whether a proposed
1908 educational facility is consistent with the local comprehensive
1909 plan and consistent with local land development regulations. If
1910 the determination is affirmative, school construction may
1911 commence and further local government approvals are not
1912 required, except as provided in this section. Failure of the
1913 local governing body to make a determination in writing within
1914 90 days after a district school board’s request for a
1915 determination of consistency shall be considered an approval of
1916 the district school board’s application. Campus master plans and
1917 development agreements must comply with the provisions of s.
1918 1013.30.
1919 (7)(11) A local governing body may not deny the site
1920 applicant based on adequacy of the site plan as it relates
1921 solely to the needs of the school. If the site is consistent
1922 with the comprehensive plan’s land use policies and categories
1923 in which public schools are identified as allowable uses, the
1924 local government may not deny the application but it may impose
1925 reasonable development standards and conditions in accordance
1926 with s. 1013.51(1) and consider the site plan and its adequacy
1927 as it relates to environmental concerns, health, safety and
1928 welfare, and effects on adjacent property. Standards and
1929 conditions may not be imposed which conflict with those
1930 established in this chapter or the Florida Building Code, unless
1931 mutually agreed and consistent with the interlocal agreement
1932 required by s. 163.31777 subsections (2)-(6).
1933 (8)(12) This section does not prohibit a local governing
1934 body and district school board from agreeing and establishing an
1935 alternative process for reviewing a proposed educational
1936 facility and site plan, and offsite impacts, pursuant to an
1937 interlocal agreement adopted in accordance with s. 163.31777
1938 subsections (2)-(6).
1939 (9)(13) Existing schools shall be considered consistent
1940 with the applicable local government comprehensive plan adopted
1941 under part II of chapter 163. If a board submits an application
1942 to expand an existing school site, the local governing body may
1943 impose reasonable development standards and conditions on the
1944 expansion only, and in a manner consistent with s. 1013.51(1).
1945 Standards and conditions may not be imposed which conflict with
1946 those established in this chapter or the Florida Building Code,
1947 unless mutually agreed. Local government review or approval is
1948 not required for:
1949 (a) The placement of temporary or portable classroom
1950 facilities; or
1951 (b) Proposed renovation or construction on existing school
1952 sites, with the exception of construction that changes the
1953 primary use of a facility, includes stadiums, or results in a
1954 greater than 5 percent increase in student capacity, or as
1955 mutually agreed upon, pursuant to an interlocal agreement
1956 adopted in accordance with s. 163.31777 subsections (2)-(6).
1957 Section 20. Paragraph (b) of subsection (2) of section
1958 1013.35, Florida Statutes, is amended to read:
1959 1013.35 School district educational facilities plan;
1960 definitions; preparation, adoption, and amendment; long-term
1961 work programs.—
1962 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
1963 FACILITIES PLAN.—
1964 (b) The plan must also include a financially feasible
1965 district facilities work program for a 5-year period. The work
1966 program must include:
1967 1. A schedule of major repair and renovation projects
1968 necessary to maintain the educational facilities and ancillary
1969 facilities of the district.
1970 2. A schedule of capital outlay projects necessary to
1971 ensure the availability of satisfactory student stations for the
1972 projected student enrollment in K-12 programs. This schedule
1973 shall consider:
1974 a. The locations, capacities, and planned utilization rates
1975 of current educational facilities of the district. The capacity
1976 of existing satisfactory facilities, as reported in the Florida
1977 Inventory of School Houses must be compared to the capital
1978 outlay full-time-equivalent student enrollment as determined by
1979 the department, including all enrollment used in the calculation
1980 of the distribution formula in s. 1013.64.
1981 b. The proposed locations of planned facilities, whether
1982 those locations are consistent with the comprehensive plans of
1983 all affected local governments, and recommendations for
1984 infrastructure and other improvements to land adjacent to
1985 existing facilities. The provisions of ss. 1013.33(6), (7), and
1986 (8) ss. 1013.33(10), (11), and (12) and 1013.36 must be
1987 addressed for new facilities planned within the first 3 years of
1988 the work plan, as appropriate.
1989 c. Plans for the use and location of relocatable
1990 facilities, leased facilities, and charter school facilities.
1991 d. Plans for multitrack scheduling, grade level
1992 organization, block scheduling, or other alternatives that
1993 reduce the need for additional permanent student stations.
1994 e. Information concerning average class size and
1995 utilization rate by grade level within the district which will
1996 result if the tentative district facilities work program is
1997 fully implemented.
1998 f. The number and percentage of district students planned
1999 to be educated in relocatable facilities during each year of the
2000 tentative district facilities work program. For determining
2001 future needs, student capacity may not be assigned to any
2002 relocatable classroom that is scheduled for elimination or
2003 replacement with a permanent educational facility in the current
2004 year of the adopted district educational facilities plan and in
2005 the district facilities work program adopted under this section.
2006 Those relocatable classrooms clearly identified and scheduled
2007 for replacement in a school-board-adopted, financially feasible,
2008 5-year district facilities work program shall be counted at zero
2009 capacity at the time the work program is adopted and approved by
2010 the school board. However, if the district facilities work
2011 program is changed and the relocatable classrooms are not
2012 replaced as scheduled in the work program, the classrooms must
2013 be reentered into the system and be counted at actual capacity.
2014 Relocatable classrooms may not be perpetually added to the work
2015 program or continually extended for purposes of circumventing
2016 this section. All relocatable classrooms not identified and
2017 scheduled for replacement, including those owned, lease
2018 purchased, or leased by the school district, must be counted at
2019 actual student capacity. The district educational facilities
2020 plan must identify the number of relocatable student stations
2021 scheduled for replacement during the 5-year survey period and
2022 the total dollar amount needed for that replacement.
2023 g. Plans for the closure of any school, including plans for
2024 disposition of the facility or usage of facility space, and
2025 anticipated revenues.
2026 h. Projects for which capital outlay and debt service funds
2027 accruing under s. 9(d), Art. XII of the State Constitution are
2028 to be used shall be identified separately in priority order on a
2029 project priority list within the district facilities work
2030 program.
2031 3. The projected cost for each project identified in the
2032 district facilities work program. For proposed projects for new
2033 student stations, a schedule shall be prepared comparing the
2034 planned cost and square footage for each new student station, by
2035 elementary, middle, and high school levels, to the low, average,
2036 and high cost of facilities constructed throughout the state
2037 during the most recent fiscal year for which data is available
2038 from the Department of Education.
2039 4. A schedule of estimated capital outlay revenues from
2040 each currently approved source which is estimated to be
2041 available for expenditure on the projects included in the
2042 district facilities work program.
2043 5. A schedule indicating which projects included in the
2044 district facilities work program will be funded from current
2045 revenues projected in subparagraph 4.
2046 6. A schedule of options for the generation of additional
2047 revenues by the district for expenditure on projects identified
2048 in the district facilities work program which are not funded
2049 under subparagraph 5. Additional anticipated revenues may
2050 include effort index grants, SIT Program awards, and Classrooms
2051 First funds.
2052 Section 21. Subsections (3), (5), (6), (7), (8), (9), (10),
2053 and (11) of section 1013.351, Florida Statutes, are amended to
2054 read:
2055 1013.351 Coordination of planning between the Florida
2056 School for the Deaf and the Blind and local governing bodies.—
2057 (3) The board of trustees and the municipality in which the
2058 school is located may enter into an interlocal agreement to
2059 establish the specific ways in which the plans and processes of
2060 the board of trustees and the local government are to be
2061 coordinated. If the school and local government enter into an
2062 interlocal agreement, the agreement must be submitted to the
2063 state land planning agency and the Office of Educational
2064 Facilities.
2065 (5)(a) The Office of Educational Facilities shall submit
2066 any comments or concerns regarding the executed interlocal
2067 agreements to the state land planning agency no later than 30
2068 days after receipt of the executed interlocal agreements. The
2069 state land planning agency shall review the executed interlocal
2070 agreements to determine whether they are consistent with the
2071 requirements of subsection (4), the adopted local government
2072 comprehensive plans, and other requirements of law. Not later
2073 than 60 days after receipt of an executed interlocal agreement,
2074 the state land planning agency shall publish a notice of intent
2075 in the Florida Administrative Weekly. The notice of intent must
2076 state that the interlocal agreement is consistent or
2077 inconsistent with the requirements of subsection (4) and this
2078 subsection as appropriate.
2079 (b)1. The state land planning agency’s notice is subject to
2080 challenge under chapter 120. However, an affected person, as
2081 defined in s. 163.3184, has standing to initiate the
2082 administrative proceeding, and this proceeding is the sole means
2083 available to challenge the consistency of an interlocal
2084 agreement with the criteria contained in subsection (4) and this
2085 subsection. In order to have standing, a person must have
2086 submitted oral or written comments, recommendations, or
2087 objections to the appropriate local government or the board of
2088 trustees before the adoption of the interlocal agreement by the
2089 board of trustees and local government. The board of trustees
2090 and the appropriate local government are parties to any such
2091 proceeding.
2092 2. In the administrative proceeding, if the state land
2093 planning agency finds the interlocal agreement to be consistent
2094 with the criteria in subsection (4) and this subsection, the
2095 interlocal agreement must be determined to be consistent with
2096 subsection (4) and this subsection if the local government and
2097 board of trustees is fairly debatable.
2098 3. If the state land planning agency finds the interlocal
2099 agreement to be inconsistent with the requirements of subsection
2100 (4) and this subsection, the determination of consistency by the
2101 local government and board of trustees shall be sustained unless
2102 it is shown by a preponderance of the evidence that the
2103 interlocal agreement is inconsistent.
2104 (c) If the state land planning agency enters a final order
2105 that finds that the interlocal agreement is inconsistent with
2106 the requirements of subsection (4) or this subsection, the state
2107 land planning agency shall identify the issues in dispute and
2108 submit the matter to the Administration Commission for final
2109 action. The report to the Administration Commission must list
2110 each issue in dispute, describe the nature and basis for each
2111 dispute, identify alternative resolutions of each dispute, and
2112 make recommendations. After receiving the report from the state
2113 land planning agency, the Administration Commission shall take
2114 action to resolve the issues. In deciding upon a proper
2115 resolution, the Administration Commission shall consider the
2116 nature of the issues in dispute, the compliance of the parties
2117 with this section, the extent of the conflict between the
2118 parties, the comparative hardships, and the public interest
2119 involved. In resolving the matter, the Administration Commission
2120 may prescribe, by order, the contents of the interlocal
2121 agreement which shall be executed by the board of trustees and
2122 the local government.
2123 (5)(6) An interlocal agreement may be amended under
2124 subsections (2)-(4) (2)-(5):
2125 (a) In conjunction with updates to the school’s educational
2126 plant survey prepared under s. 1013.31; or
2127 (b) If either party delays by more than 12 months the
2128 construction of a capital improvement identified in the
2129 agreement.
2130 (6)(7) This section does not prohibit a local governing
2131 body and the board of trustees from agreeing and establishing an
2132 alternative process for reviewing proposed expansions to the
2133 school’s campus and offsite impacts, under the interlocal
2134 agreement adopted in accordance with subsections (2)-(5) (2)
2135 (6).
2136 (7)(8) School facilities within the geographic area or the
2137 campus of the school as it existed on or before January 1, 1998,
2138 are consistent with the local government’s comprehensive plan
2139 developed under part II of chapter 163 and consistent with the
2140 plan’s implementing land development regulations.
2141 (8)(9) To improve coordination relative to potential
2142 educational facility sites, the board of trustees shall provide
2143 written notice to the local governments consistent with the
2144 interlocal agreements entered under subsections (2)-(5) (2)-(6)
2145 at least 60 days before the board of trustees acquires any
2146 additional property. The local government shall notify the board
2147 of trustees no later than 45 days after receipt of this notice
2148 if the site proposed for acquisition is consistent with the land
2149 use categories and policies of the local government’s
2150 comprehensive plan. This preliminary notice does not constitute
2151 the local government’s determination of consistency under
2152 subsection (9) (10).
2153 (9)(10) As early in the design phase as feasible, but no
2154 later than 90 days before commencing construction, the board of
2155 trustees shall request in writing a determination of consistency
2156 with the local government’s comprehensive plan and local
2157 development regulations for the proposed use of any property
2158 acquired by the board of trustees on or after January 1, 1998.
2159 The local governing body that regulates the use of land shall
2160 determine, in writing, no later than 45 days after receiving the
2161 necessary information and a school board’s request for a
2162 determination, whether a proposed use of the property is
2163 consistent with the local comprehensive plan and consistent with
2164 local land development regulations. If the local governing body
2165 determines the proposed use is consistent, construction may
2166 commence and additional local government approvals are not
2167 required, except as provided in this section. Failure of the
2168 local governing body to make a determination in writing within
2169 90 days after receiving the board of trustees’ request for a
2170 determination of consistency shall be considered an approval of
2171 the board of trustees’ application. This subsection does not
2172 apply to facilities to be located on the property if a contract
2173 for construction of the facilities was entered on or before the
2174 effective date of this act.
2175 (10)(11) Disputes that arise in the implementation of an
2176 executed interlocal agreement or in the determinations required
2177 pursuant to subsection (8) (9) or subsection (9) (10) must be
2178 resolved in accordance with chapter 164.
2179 Section 22. Subsection (6) of section 1013.36, Florida
2180 Statutes, is amended to read:
2181 1013.36 Site planning and selection.—
2182 (6) If the school board and local government have entered
2183 into an interlocal agreement pursuant to s. 1013.33(2) and
2184 either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
2185 process to ensure consistency between the local government
2186 comprehensive plan and the school district educational
2187 facilities plan, site planning and selection must be consistent
2188 with the interlocal agreements and the plans.
2189 Section 23. This act shall take effect upon becoming a law.
