Bill Text: FL S0842 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 842
By the Committee on Community Affairs; and Senator Bennett
578-02164-12 2012842c1
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.; requiring comments
10 by military installations to be considered by local
11 governments in a manner consistent with s. 163.3184,
12 F.S.; specifying comments to be considered by the
13 local government; amending s. 163.3177, F.S.; revising
14 the housing and intergovernmental coordination
15 elements of comprehensive plans; amending s.
16 163.31777, F.S.; exempting certain municipalities from
17 public schools interlocal-agreement requirements;
18 providing requirements for municipalities meeting the
19 exemption criteria; amending s. 163.3178, F.S.;
20 replacing a reference to the Department of Community
21 Affairs with the state land planning agency; deleting
22 provisions relating to the Coastal Resources
23 Interagency Management Committee; amending s.
24 163.3180, F.S., relating to concurrency; revising and
25 providing requirements relating to public facilities
26 and services, public education facilities, and local
27 school concurrency system requirements; deleting
28 provisions excluding a municipality that is not a
29 signatory to a certain interlocal agreement from
30 participating in a school concurrency system; amending
31 s. 163.3184, F.S.; revising provisions relating to the
32 expedited state review process for adoption of
33 comprehensive plan amendments; clarifying the time in
34 which a local government must transmit an amendment to
35 a comprehensive plan and supporting data and analyses
36 to the reviewing agencies; deleting the deadlines in
37 administrative challenges to comprehensive plans and
38 plan amendments for the entry of final orders and
39 referrals of recommended orders; specifying a deadline
40 for the state land planning agency to issue a notice
41 of intent after receiving a complete comprehensive
42 plan or plan amendment adopted pursuant to a
43 compliance agreement; amending s. 163.3191, F.S.;
44 conforming a cross-reference to changes made by the
45 act; amending s. 163.3245, F.S.; deleting an obsolete
46 cross-reference; deleting a reporting requirement
47 relating to optional sector plans; amending s.
48 186.002, F.S.; deleting a requirement for the Governor
49 to consider certain evaluation and appraisal reports
50 in preparing certain plans and amendments; amending s.
51 186.007, F.S.; deleting a requirement for the Governor
52 to consider certain evaluation and appraisal reports
53 when reviewing the state comprehensive plan; amending
54 s. 186.505, F.S.; requiring a regional planning
55 council to determine before accepting a grant that the
56 purpose of the grant is in furtherance of its
57 functions; prohibiting a regional planning council
58 from providing consulting services for a fee to any
59 local government for a project for which the council
60 will serve in a review capacity; prohibiting a
61 regional planning council from providing consulting
62 services to a private developer or landowner for a
63 project for which the council may serve in a review
64 capacity in the future; amending s. 186.508, F.S.;
65 requiring that regional planning councils coordinate
66 implementation of the strategic regional policy plans
67 with the evaluation and appraisal process; amending s.
68 189.415, F.S.; requiring an independent special
69 district to update its public facilities report every
70 7 years and at least 12 months before the submission
71 date of the evaluation and appraisal notification
72 letter; requiring the Department of Economic
73 Opportunity to post a schedule of the due dates for
74 public facilities reports and updates that independent
75 special districts must provide to local governments;
76 amending s. 288.975, F.S.; deleting a provision
77 exempting local government plan amendments necessary
78 to initially adopt the military base reuse plan from a
79 limitation on the frequency of plan amendments;
80 amending s. 380.06, F.S.; correcting cross-references;
81 amending s. 380.115, F.S.; adding a cross-reference
82 for exempt developments; amending s. 1013.33, F.S.;
83 deleting redundant requirements for interlocal
84 agreements relating to public education facilities;
85 amending s. 1013.35, F.S.; deleting a cross-reference
86 to conform to changes made by the act; amending s.
87 1013.351, F.S.; deleting redundant requirements for
88 the submission of certain interlocal agreements to the
89 Office of Educational Facilities and the state land
90 planning agency and for review of the interlocal
91 agreement by the office and the agency; amending s.
92 1013.36, F.S.; deleting an obsolete cross-reference;
93 providing an effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Subsection (8) of section 163.3167, Florida
98 Statutes, is amended to read:
99 163.3167 Scope of act.—
100 (8) An initiative or referendum process in regard to any
101 development order or in regard to any local comprehensive plan
102 amendment or map amendment is prohibited. However, any local
103 government charter provision that was in effect as of June 1,
104 2011, for an initiative or referendum process in regard to
105 development orders or in regard to local comprehensive plan
106 amendments or map amendments may be retained and implemented.
107 Section 2. Paragraph (b) of subsection (4) of section
108 163.3174, Florida Statutes, is amended to read:
109 163.3174 Local planning agency.—
110 (4) The local planning agency shall have the general
111 responsibility for the conduct of the comprehensive planning
112 program. Specifically, the local planning agency shall:
113 (b) Monitor and oversee the effectiveness and status of the
114 comprehensive plan and recommend to the governing body such
115 changes in the comprehensive plan as may from time to time be
116 required, including the periodic evaluation and appraisal of the
117 comprehensive plan preparation of the periodic reports required
118 by s. 163.3191.
119 Section 3. Subsections (5) and (6) of section 163.3175,
120 Florida Statutes, are amended to read
121 163.3175 Legislative findings on compatibility of
122 development with military installations; exchange of information
123 between local governments and military installations.—
124 (5) The commanding officer or his or her designee may
125 provide comments to the affected local government on the impact
126 such proposed changes may have on the mission of the military
127 installation. Such comments may include:
128 (a) If the installation has an airfield, whether such
129 proposed changes will be incompatible with the safety and noise
130 standards contained in the Air Installation Compatible Use Zone
131 (AICUZ) adopted by the military installation for that airfield;
132 (b) Whether such changes are incompatible with the
133 Installation Environmental Noise Management Program (IENMP) of
134 the United States Army;
135 (c) Whether such changes are incompatible with the findings
136 of a Joint Land Use Study (JLUS) for the area if one has been
137 completed; and
138 (d) Whether the military installation’s mission will be
139 adversely affected by the proposed actions of the county or
140 affected local government.
141
142 The commanding officer’s comments, underlying studies, and
143 reports shall be considered by the local government in the same
144 manner as the comments received from other reviewing agencies
145 pursuant to s. 163.3184 are not binding on the local government.
146 (6) The affected local government shall take into
147 consideration any comments provided by the commanding officer or
148 his or her designee pursuant to subsection (4) as they relate to
149 the strategic mission of the base, public safety, and the
150 economic vitality associated with the base’s operation, while
151 also respecting and must also be sensitive to private property
152 rights and not be unduly restrictive on those rights. The
153 affected local government shall forward a copy of any comments
154 regarding comprehensive plan amendments to the state land
155 planning agency.
156 Section 4. Paragraph (h) of subsection (6) of section
157 163.3177, Florida Statutes, is amended to read:
158 163.3177 Required and optional elements of comprehensive
159 plan; studies and surveys.—
160 (6) In addition to the requirements of subsections (1)-(5),
161 the comprehensive plan shall include the following elements:
162 (h)1. An intergovernmental coordination element showing
163 relationships and stating principles and guidelines to be used
164 in coordinating the adopted comprehensive plan with the plans of
165 school boards, regional water supply authorities, and other
166 units of local government providing services but not having
167 regulatory authority over the use of land, with the
168 comprehensive plans of adjacent municipalities, the county,
169 adjacent counties, or the region, with the state comprehensive
170 plan and with the applicable regional water supply plan approved
171 pursuant to s. 373.709, as the case may require and as such
172 adopted plans or plans in preparation may exist. This element of
173 the local comprehensive plan must demonstrate consideration of
174 the particular effects of the local plan, when adopted, upon the
175 development of adjacent municipalities, the county, adjacent
176 counties, or the region, or upon the state comprehensive plan,
177 as the case may require.
178 a. The intergovernmental coordination element must provide
179 procedures for identifying and implementing joint planning
180 areas, especially for the purpose of annexation, municipal
181 incorporation, and joint infrastructure service areas.
182 b. The intergovernmental coordination element shall provide
183 for a dispute resolution process, as established pursuant to s.
184 186.509, for bringing intergovernmental disputes to closure in a
185 timely manner.
186 c. The intergovernmental coordination element shall provide
187 for interlocal agreements as established pursuant to s.
188 333.03(1)(b).
189 2. The intergovernmental coordination element shall also
190 state principles and guidelines to be used in coordinating the
191 adopted comprehensive plan with the plans of school boards and
192 other units of local government providing facilities and
193 services but not having regulatory authority over the use of
194 land. In addition, the intergovernmental coordination element
195 must describe joint processes for collaborative planning and
196 decisionmaking on population projections and public school
197 siting, the location and extension of public facilities subject
198 to concurrency, and siting facilities with countywide
199 significance, including locally unwanted land uses whose nature
200 and identity are established in an agreement.
201 3. Within 1 year after adopting their intergovernmental
202 coordination elements, each county, all the municipalities
203 within that county, the district school board, and any unit of
204 local government service providers in that county shall
205 establish by interlocal or other formal agreement executed by
206 all affected entities, the joint processes described in this
207 subparagraph consistent with their adopted intergovernmental
208 coordination elements. The agreement element must:
209 a. Ensure that the local government addresses through
210 coordination mechanisms the impacts of development proposed in
211 the local comprehensive plan upon development in adjacent
212 municipalities, the county, adjacent counties, the region, and
213 the state. The area of concern for municipalities includes shall
214 include adjacent municipalities, the county, and counties
215 adjacent to the municipality. The area of concern for counties
216 includes shall include all municipalities within the county,
217 adjacent counties, and adjacent municipalities.
218 b. Ensure coordination in establishing level of service
219 standards for public facilities with any state, regional, or
220 local entity having operational and maintenance responsibility
221 for such facilities.
222 Section 5. Subsections (3) and (4) are added to section
223 163.31777, Florida Statutes, to read:
224 163.31777 Public schools interlocal agreement.—
225 (3) A municipality is exempt from the requirements of
226 subsections (1) and (2) if the municipality meets all of the
227 following criteria for having no significant impact on school
228 attendance:
229 (a) The municipality has issued development orders for
230 fewer than 50 residential dwelling units during the preceding 5
231 years, or the municipality has generated fewer than 25
232 additional public school students during the preceding 5 years.
233 (b) The municipality has not annexed new land during the
234 preceding 5 years in land use categories that permit residential
235 uses that will affect school attendance rates.
236 (c) The municipality has no public schools located within
237 its boundaries.
238 (d) At least 80 percent of the developable land within the
239 boundaries of the municipality has been built upon.
240 (4) At the time of the evaluation and appraisal of its
241 comprehensive plan pursuant to s. 163.3191, each exempt
242 municipality shall assess the extent to which it continues to
243 meet the criteria for exemption under subsection (3). If the
244 municipality continues to meet the criteria for exemption under
245 subsection (3), the municipality shall continue to be exempt
246 from the interlocal-agreement requirement. Each municipality
247 exempt under subsection (3) must comply with this section within
248 1 year after the district school board proposes, in its 5-year
249 district facilities work program, a new school within the
250 municipality’s jurisdiction.
251 Section 6. Subsections (3) and (6) of section 163.3178,
252 Florida Statutes, are amended to read:
253 163.3178 Coastal management.—
254 (3) Expansions to port harbors, spoil disposal sites,
255 navigation channels, turning basins, harbor berths, and other
256 related inwater harbor facilities of ports listed in s.
257 403.021(9); port transportation facilities and projects listed
258 in s. 311.07(3)(b); intermodal transportation facilities
259 identified pursuant to s. 311.09(3); and facilities determined
260 by the state land planning agency Department of Community
261 Affairs and applicable general-purpose local government to be
262 port-related industrial or commercial projects located within 3
263 miles of or in a port master plan area which rely upon the use
264 of port and intermodal transportation facilities shall not be
265 designated as developments of regional impact if such
266 expansions, projects, or facilities are consistent with
267 comprehensive master plans that are in compliance with this
268 section.
269 (6) Local governments are encouraged to adopt countywide
270 marina siting plans to designate sites for existing and future
271 marinas. The Coastal Resources Interagency Management Committee,
272 at the direction of the Legislature, shall identify incentives
273 to encourage local governments to adopt such siting plans and
274 uniform criteria and standards to be used by local governments
275 to implement state goals, objectives, and policies relating to
276 marina siting. These criteria must ensure that priority is given
277 to water-dependent land uses. Countywide marina siting plans
278 must be consistent with state and regional environmental
279 planning policies and standards. Each local government in the
280 coastal area which participates in adoption of a countywide
281 marina siting plan shall incorporate the plan into the coastal
282 management element of its local comprehensive plan.
283 Section 7. Paragraph (a) of subsection (1) and paragraphs
284 (a), (i), (j), and (k) of subsection (6) of section 163.3180,
285 Florida Statutes, are amended to read:
286 163.3180 Concurrency.—
287 (1) Sanitary sewer, solid waste, drainage, and potable
288 water are the only public facilities and services subject to the
289 concurrency requirement on a statewide basis. Additional public
290 facilities and services may not be made subject to concurrency
291 on a statewide basis without approval by the Legislature;
292 however, any local government may extend the concurrency
293 requirement so that it applies to additional public facilities
294 within its jurisdiction.
295 (a) If concurrency is applied to other public facilities,
296 the local government comprehensive plan must provide the
297 principles, guidelines, standards, and strategies, including
298 adopted levels of service, to guide its application. In order
299 for a local government to rescind any optional concurrency
300 provisions, a comprehensive plan amendment is required. An
301 amendment rescinding optional concurrency issues shall be
302 processed under the expedited state review process in s.
303 163.3184(3), but the amendment is not subject to state review
304 and is not required to be transmitted to the reviewing agencies
305 for comments, except that the local government shall transmit
306 the amendment to any local government or government agency that
307 has filed a request with the governing body, and for municipal
308 amendments, the amendment shall be transmitted to the county in
309 which the municipality is located. For informational purposes
310 only, a copy of the adopted amendment shall be provided to the
311 state land planning agency. A copy of the adopted amendment
312 shall also be provided to the Department of Transportation if
313 the amendment rescinds transportation concurrency and to the
314 Department of Education if the amendment rescinds school
315 concurrency.
316 (6)(a) Local governments that apply If concurrency is
317 applied to public education facilities, all local governments
318 within a county, except as provided in paragraph (i), shall
319 include principles, guidelines, standards, and strategies,
320 including adopted levels of service, in their comprehensive
321 plans and interlocal agreements. The choice of one or more
322 municipalities to not adopt school concurrency and enter into
323 the interlocal agreement does not preclude implementation of
324 school concurrency within other jurisdictions of the school
325 district if the county and one or more municipalities have
326 adopted school concurrency into their comprehensive plan and
327 interlocal agreement that represents at least 80 percent of the
328 total countywide population, the failure of one or more
329 municipalities to adopt the concurrency and enter into the
330 interlocal agreement does not preclude implementation of school
331 concurrency within jurisdictions of the school district that
332 have opted to implement concurrency. All local government
333 provisions included in comprehensive plans regarding school
334 concurrency within a county must be consistent with each other
335 as well as the requirements of this part.
336 (i) A municipality is not required to be a signatory to the
337 interlocal agreement required by paragraph (j), as a
338 prerequisite for imposition of school concurrency, and as a
339 nonsignatory, may not participate in the adopted local school
340 concurrency system, if the municipality meets all of the
341 following criteria for having no significant impact on school
342 attendance:
343 1. The municipality has issued development orders for fewer
344 than 50 residential dwelling units during the preceding 5 years,
345 or the municipality has generated fewer than 25 additional
346 public school students during the preceding 5 years.
347 2. The municipality has not annexed new land during the
348 preceding 5 years in land use categories which permit
349 residential uses that will affect school attendance rates.
350 3. The municipality has no public schools located within
351 its boundaries.
352 4. At least 80 percent of the developable land within the
353 boundaries of the municipality has been built upon.
354 (i)(j) When establishing concurrency requirements for
355 public schools, a local government must enter into an interlocal
356 agreement that satisfies the requirements in ss.
357 163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
358 this subsection. The interlocal agreement shall acknowledge both
359 the school board’s constitutional and statutory obligations to
360 provide a uniform system of free public schools on a countywide
361 basis, and the land use authority of local governments,
362 including their authority to approve or deny comprehensive plan
363 amendments and development orders. The interlocal agreement
364 shall meet the following requirements:
365 1. Establish the mechanisms for coordinating the
366 development, adoption, and amendment of each local government’s
367 school concurrency related provisions of the comprehensive plan
368 with each other and the plans of the school board to ensure a
369 uniform districtwide school concurrency system.
370 2. Specify uniform, districtwide level-of-service standards
371 for public schools of the same type and the process for
372 modifying the adopted level-of-service standards.
373 3. Define the geographic application of school concurrency.
374 If school concurrency is to be applied on a less than
375 districtwide basis in the form of concurrency service areas, the
376 agreement shall establish criteria and standards for the
377 establishment and modification of school concurrency service
378 areas. The agreement shall ensure maximum utilization of school
379 capacity, taking into account transportation costs and court
380 approved desegregation plans, as well as other factors.
381 4. Establish a uniform districtwide procedure for
382 implementing school concurrency which provides for:
383 a. The evaluation of development applications for
384 compliance with school concurrency requirements, including
385 information provided by the school board on affected schools,
386 impact on levels of service, and programmed improvements for
387 affected schools and any options to provide sufficient capacity;
388 b. An opportunity for the school board to review and
389 comment on the effect of comprehensive plan amendments and
390 rezonings on the public school facilities plan; and
391 c. The monitoring and evaluation of the school concurrency
392 system.
393 5. A process and uniform methodology for determining
394 proportionate-share mitigation pursuant to paragraph (h).
395 (j)(k) This subsection does not limit the authority of a
396 local government to grant or deny a development permit or its
397 functional equivalent prior to the implementation of school
398 concurrency.
399 Section 8. Paragraphs (b) and (c) of subsection (3),
400 paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
401 and (e) of subsection (5), paragraph (f) of subsection (6), and
402 subsection (12) of section 163.3184, Florida Statutes, are
403 amended to read:
404 163.3184 Process for adoption of comprehensive plan or plan
405 amendment.—
406 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
407 COMPREHENSIVE PLAN AMENDMENTS.—
408 (b)1. The local government, after the initial public
409 hearing held pursuant to subsection (11), shall transmit within
410 10 calendar days the amendment or amendments and appropriate
411 supporting data and analyses to the reviewing agencies. The
412 local governing body shall also transmit a copy of the
413 amendments and supporting data and analyses to any other local
414 government or governmental agency that has filed a written
415 request with the governing body.
416 2. The reviewing agencies and any other local government or
417 governmental agency specified in subparagraph 1. may provide
418 comments regarding the amendment or amendments to the local
419 government. State agencies shall only comment on important state
420 resources and facilities that will be adversely impacted by the
421 amendment if adopted. Comments provided by state agencies shall
422 state with specificity how the plan amendment will adversely
423 impact an important state resource or facility and shall
424 identify measures the local government may take to eliminate,
425 reduce, or mitigate the adverse impacts. Such comments, if not
426 resolved, may result in a challenge by the state land planning
427 agency to the plan amendment. Agencies and local governments
428 must transmit their comments to the affected local government
429 such that they are received by the local government not later
430 than 30 days from the date on which the agency or government
431 received the amendment or amendments. Reviewing agencies shall
432 also send a copy of their comments to the state land planning
433 agency.
434 3. Comments to the local government from a regional
435 planning council, county, or municipality shall be limited as
436 follows:
437 a. The regional planning council review and comments shall
438 be limited to adverse effects on regional resources or
439 facilities identified in the strategic regional policy plan and
440 extrajurisdictional impacts that would be inconsistent with the
441 comprehensive plan of any affected local government within the
442 region. A regional planning council may not review and comment
443 on a proposed comprehensive plan amendment prepared by such
444 council unless the plan amendment has been changed by the local
445 government subsequent to the preparation of the plan amendment
446 by the regional planning council.
447 b. County comments shall be in the context of the
448 relationship and effect of the proposed plan amendments on the
449 county plan.
450 c. Municipal comments shall be in the context of the
451 relationship and effect of the proposed plan amendments on the
452 municipal plan.
453 d. Military installation comments shall be provided in
454 accordance with s. 163.3175.
455 4. Comments to the local government from state agencies
456 shall be limited to the following subjects as they relate to
457 important state resources and facilities that will be adversely
458 impacted by the amendment if adopted:
459 a. The Department of Environmental Protection shall limit
460 its comments to the subjects of air and water pollution;
461 wetlands and other surface waters of the state; federal and
462 state-owned lands and interest in lands, including state parks,
463 greenways and trails, and conservation easements; solid waste;
464 water and wastewater treatment; and the Everglades ecosystem
465 restoration.
466 b. The Department of State shall limit its comments to the
467 subjects of historic and archaeological resources.
468 c. The Department of Transportation shall limit its
469 comments to issues within the agency’s jurisdiction as it
470 relates to transportation resources and facilities of state
471 importance.
472 d. The Fish and Wildlife Conservation Commission shall
473 limit its comments to subjects relating to fish and wildlife
474 habitat and listed species and their habitat.
475 e. The Department of Agriculture and Consumer Services
476 shall limit its comments to the subjects of agriculture,
477 forestry, and aquaculture issues.
478 f. The Department of Education shall limit its comments to
479 the subject of public school facilities.
480 g. The appropriate water management district shall limit
481 its comments to flood protection and floodplain management,
482 wetlands and other surface waters, and regional water supply.
483 h. The state land planning agency shall limit its comments
484 to important state resources and facilities outside the
485 jurisdiction of other commenting state agencies and may include
486 comments on countervailing planning policies and objectives
487 served by the plan amendment that should be balanced against
488 potential adverse impacts to important state resources and
489 facilities.
490 (c)1. The local government shall hold its second public
491 hearing, which shall be a hearing on whether to adopt one or
492 more comprehensive plan amendments pursuant to subsection (11).
493 If the local government fails, within 180 days after receipt of
494 agency comments, to hold the second public hearing, the
495 amendments shall be deemed withdrawn unless extended by
496 agreement with notice to the state land planning agency and any
497 affected person that provided comments on the amendment. The
498 180-day limitation does not apply to amendments processed
499 pursuant to s. 380.06.
500 2. All comprehensive plan amendments adopted by the
501 governing body, along with the supporting data and analysis,
502 shall be transmitted within 10 calendar days after the second
503 public hearing to the state land planning agency and any other
504 agency or local government that provided timely comments under
505 subparagraph (b)2.
506 3. The state land planning agency shall notify the local
507 government of any deficiencies within 5 working days after
508 receipt of an amendment package. For purposes of completeness,
509 an amendment shall be deemed complete if it contains a full,
510 executed copy of the adoption ordinance or ordinances; in the
511 case of a text amendment, a full copy of the amended language in
512 legislative format with new words inserted in the text
513 underlined, and words deleted stricken with hyphens; in the case
514 of a future land use map amendment, a copy of the future land
515 use map clearly depicting the parcel, its existing future land
516 use designation, and its adopted designation; and a copy of any
517 data and analyses the local government deems appropriate.
518 4. An amendment adopted under this paragraph does not
519 become effective until 31 days after the state land planning
520 agency notifies the local government that the plan amendment
521 package is complete. If timely challenged, an amendment does not
522 become effective until the state land planning agency or the
523 Administration Commission enters a final order determining the
524 adopted amendment to be in compliance.
525 (4) STATE COORDINATED REVIEW PROCESS.—
526 (b) Local government transmittal of proposed plan or
527 amendment.—Each local governing body proposing a plan or plan
528 amendment specified in paragraph (2)(c) shall transmit the
529 complete proposed comprehensive plan or plan amendment to the
530 reviewing agencies within 10 calendar days after immediately
531 following the first public hearing pursuant to subsection (11).
532 The transmitted document shall clearly indicate on the cover
533 sheet that this plan amendment is subject to the state
534 coordinated review process of this subsection. The local
535 governing body shall also transmit a copy of the complete
536 proposed comprehensive plan or plan amendment to any other unit
537 of local government or government agency in the state that has
538 filed a written request with the governing body for the plan or
539 plan amendment.
540 (e) Local government review of comments; adoption of plan
541 or amendments and transmittal.—
542 1. The local government shall review the report submitted
543 to it by the state land planning agency, if any, and written
544 comments submitted to it by any other person, agency, or
545 government. The local government, upon receipt of the report
546 from the state land planning agency, shall hold its second
547 public hearing, which shall be a hearing to determine whether to
548 adopt the comprehensive plan or one or more comprehensive plan
549 amendments pursuant to subsection (11). If the local government
550 fails to hold the second hearing within 180 days after receipt
551 of the state land planning agency’s report, the amendments shall
552 be deemed withdrawn unless extended by agreement with notice to
553 the state land planning agency and any affected person that
554 provided comments on the amendment. The 180-day limitation does
555 not apply to amendments processed pursuant to s. 380.06.
556 2. All comprehensive plan amendments adopted by the
557 governing body, along with the supporting data and analysis,
558 shall be transmitted within 10 calendar days after the second
559 public hearing to the state land planning agency and any other
560 agency or local government that provided timely comments under
561 paragraph (c).
562 3. The state land planning agency shall notify the local
563 government of any deficiencies within 5 working days after
564 receipt of a plan or plan amendment package. For purposes of
565 completeness, a plan or plan amendment shall be deemed complete
566 if it contains a full, executed copy of the adoption ordinance
567 or ordinances; in the case of a text amendment, a full copy of
568 the amended language in legislative format with new words
569 inserted in the text underlined, and words deleted stricken with
570 hyphens; in the case of a future land use map amendment, a copy
571 of the future land use map clearly depicting the parcel, its
572 existing future land use designation, and its adopted
573 designation; and a copy of any data and analyses the local
574 government deems appropriate.
575 4. After the state land planning agency makes a
576 determination of completeness regarding the adopted plan or plan
577 amendment, the state land planning agency shall have 45 days to
578 determine if the plan or plan amendment is in compliance with
579 this act. Unless the plan or plan amendment is substantially
580 changed from the one commented on, the state land planning
581 agency’s compliance determination shall be limited to objections
582 raised in the objections, recommendations, and comments report.
583 During the period provided for in this subparagraph, the state
584 land planning agency shall issue, through a senior administrator
585 or the secretary, a notice of intent to find that the plan or
586 plan amendment is in compliance or not in compliance. The state
587 land planning agency shall post a copy of the notice of intent
588 on the agency’s Internet website. Publication by the state land
589 planning agency of the notice of intent on the state land
590 planning agency’s Internet site shall be prima facie evidence of
591 compliance with the publication requirements of this
592 subparagraph.
593 5. A plan or plan amendment adopted under the state
594 coordinated review process shall go into effect pursuant to the
595 state land planning agency’s notice of intent. If timely
596 challenged, an amendment does not become effective until the
597 state land planning agency or the Administration Commission
598 enters a final order determining the adopted amendment to be in
599 compliance.
600 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
601 AMENDMENTS.—
602 (b) The state land planning agency may file a petition with
603 the Division of Administrative Hearings pursuant to ss. 120.569
604 and 120.57, with a copy served on the affected local government,
605 to request a formal hearing to challenge whether the plan or
606 plan amendment is in compliance as defined in paragraph (1)(b).
607 The state land planning agency’s petition must clearly state the
608 reasons for the challenge. Under the expedited state review
609 process, this petition must be filed with the division within 30
610 days after the state land planning agency notifies the local
611 government that the plan amendment package is complete according
612 to subparagraph (3)(c)3. Under the state coordinated review
613 process, this petition must be filed with the division within 45
614 days after the state land planning agency notifies the local
615 government that the plan amendment package is complete according
616 to subparagraph (4)(e)3 (3)(c)3.
617 1. The state land planning agency’s challenge to plan
618 amendments adopted under the expedited state review process
619 shall be limited to the comments provided by the reviewing
620 agencies pursuant to subparagraphs (3)(b)2.-4., upon a
621 determination by the state land planning agency that an
622 important state resource or facility will be adversely impacted
623 by the adopted plan amendment. The state land planning agency’s
624 petition shall state with specificity how the plan amendment
625 will adversely impact the important state resource or facility.
626 The state land planning agency may challenge a plan amendment
627 that has substantially changed from the version on which the
628 agencies provided comments but only upon a determination by the
629 state land planning agency that an important state resource or
630 facility will be adversely impacted.
631 2. If the state land planning agency issues a notice of
632 intent to find the comprehensive plan or plan amendment not in
633 compliance with this act, the notice of intent shall be
634 forwarded to the Division of Administrative Hearings of the
635 Department of Management Services, which shall conduct a
636 proceeding under ss. 120.569 and 120.57 in the county of and
637 convenient to the affected local jurisdiction. The parties to
638 the proceeding shall be the state land planning agency, the
639 affected local government, and any affected person who
640 intervenes. A No new issue may not be alleged as a reason to
641 find a plan or plan amendment not in compliance in an
642 administrative pleading filed more than 21 days after
643 publication of notice unless the party seeking that issue
644 establishes good cause for not alleging the issue within that
645 time period. Good cause does not include excusable neglect.
646 (d) If the administrative law judge recommends that the
647 amendment be found not in compliance, the judge shall submit the
648 recommended order to the Administration Commission for final
649 agency action. The Administration Commission shall make every
650 effort to enter a final order expeditiously, but at a minimum,
651 within the time period provided by s. 120.569 45 days after its
652 receipt of the recommended order.
653 (e) If the administrative law judge recommends that the
654 amendment be found in compliance, the judge shall submit the
655 recommended order to the state land planning agency.
656 1. If the state land planning agency determines that the
657 plan amendment should be found not in compliance, the agency
658 shall make every effort to refer, within 30 days after receipt
659 of the recommended order, the recommended order and its
660 determination expeditiously to the Administration Commission for
661 final agency action, but at a minimum within the time period
662 provided by 120.569.
663 2. If the state land planning agency determines that the
664 plan amendment should be found in compliance, the agency shall
665 enter its final order expeditiously, but at a minimum, within
666 the time period provided by s. 120.569 not later than 30 days
667 after receipt of the recommended order.
668 (6) COMPLIANCE AGREEMENT.—
669 (f) For challenges to amendments adopted under the state
670 coordinated process, the state land planning agency, upon
671 receipt of a plan or plan amendment adopted pursuant to a
672 compliance agreement, shall issue a cumulative notice of intent
673 addressing both the remedial amendment and the plan or plan
674 amendment that was the subject of the agreement within 20 days
675 after receiving a complete plan or plan amendment adopted
676 pursuant to a compliance agreement.
677 1. If the local government adopts a comprehensive plan or
678 plan amendment pursuant to a compliance agreement and a notice
679 of intent to find the plan amendment in compliance is issued,
680 the state land planning agency shall forward the notice of
681 intent to the Division of Administrative Hearings and the
682 administrative law judge shall realign the parties in the
683 pending proceeding under ss. 120.569 and 120.57, which shall
684 thereafter be governed by the process contained in paragraph
685 (5)(a) and subparagraph (5)(c)1., including provisions relating
686 to challenges by an affected person, burden of proof, and issues
687 of a recommended order and a final order. Parties to the
688 original proceeding at the time of realignment may continue as
689 parties without being required to file additional pleadings to
690 initiate a proceeding, but may timely amend their pleadings to
691 raise any challenge to the amendment that is the subject of the
692 cumulative notice of intent, and must otherwise conform to the
693 rules of procedure of the Division of Administrative Hearings.
694 Any affected person not a party to the realigned proceeding may
695 challenge the plan amendment that is the subject of the
696 cumulative notice of intent by filing a petition with the agency
697 as provided in subsection (5). The agency shall forward the
698 petition filed by the affected person not a party to the
699 realigned proceeding to the Division of Administrative Hearings
700 for consolidation with the realigned proceeding. If the
701 cumulative notice of intent is not challenged, the state land
702 planning agency shall request that the Division of
703 Administrative Hearings relinquish jurisdiction to the state
704 land planning agency for issuance of a final order.
705 2. If the local government adopts a comprehensive plan
706 amendment pursuant to a compliance agreement and a notice of
707 intent is issued that finds the plan amendment not in
708 compliance, the state land planning agency shall forward the
709 notice of intent to the Division of Administrative Hearings,
710 which shall consolidate the proceeding with the pending
711 proceeding and immediately set a date for a hearing in the
712 pending proceeding under ss. 120.569 and 120.57. Affected
713 persons who are not a party to the underlying proceeding under
714 ss. 120.569 and 120.57 may challenge the plan amendment adopted
715 pursuant to the compliance agreement by filing a petition
716 pursuant to paragraph (5)(a).
717 (12) CONCURRENT ZONING.—At the request of an applicant, a
718 local government shall consider an application for zoning
719 changes that would be required to properly enact any proposed
720 plan amendment transmitted pursuant to this section subsection.
721 Zoning changes approved by the local government are contingent
722 upon the comprehensive plan or plan amendment transmitted
723 becoming effective.
724 Section 9. Subsection (3) of section 163.3191, Florida
725 Statutes, is amended to read:
726 163.3191 Evaluation and appraisal of comprehensive plan.—
727 (3) Local governments are encouraged to comprehensively
728 evaluate and, as necessary, update comprehensive plans to
729 reflect changes in local conditions. Plan amendments transmitted
730 pursuant to this section shall be reviewed pursuant to s.
731 163.3184(4) in accordance with s. 163.3184.
732 Section 10. Subsections (1) and (7) of section 163.3245,
733 Florida Statutes, are amended, and present subsections (8)
734 through (14) of that section are redesignated as subsections (7)
735 through (13), respectively, to read:
736 163.3245 Sector plans.—
737 (1) In recognition of the benefits of long-range planning
738 for specific areas, local governments or combinations of local
739 governments may adopt into their comprehensive plans a sector
740 plan in accordance with this section. This section is intended
741 to promote and encourage long-term planning for conservation,
742 development, and agriculture on a landscape scale; to further
743 support the intent of s. 163.3177(11), which supports innovative
744 and flexible planning and development strategies, and the
745 purposes of this part and part I of chapter 380; to facilitate
746 protection of regionally significant resources, including, but
747 not limited to, regionally significant water courses and
748 wildlife corridors; and to avoid duplication of effort in terms
749 of the level of data and analysis required for a development of
750 regional impact, while ensuring the adequate mitigation of
751 impacts to applicable regional resources and facilities,
752 including those within the jurisdiction of other local
753 governments, as would otherwise be provided. Sector plans are
754 intended for substantial geographic areas that include at least
755 15,000 acres of one or more local governmental jurisdictions and
756 are to emphasize urban form and protection of regionally
757 significant resources and public facilities. A sector plan may
758 not be adopted in an area of critical state concern.
759 (7) Beginning December 1, 1999, and each year thereafter,
760 the department shall provide a status report to the President of
761 the Senate and the Speaker of the House of Representatives
762 regarding each optional sector plan authorized under this
763 section.
764 Section 11. Paragraph (d) of subsection (2) of section
765 186.002, Florida Statutes, is amended to read:
766 186.002 Findings and intent.—
767 (2) It is the intent of the Legislature that:
768 (d) The state planning process shall be informed and guided
769 by the experience of public officials at all levels of
770 government. In preparing any plans or proposed revisions or
771 amendments required by this chapter, the Governor shall consider
772 the experience of and information provided by local governments
773 in their evaluation and appraisal reports pursuant to s.
774 163.3191.
775 Section 12. Subsection (8) of section 186.007, Florida
776 Statutes, is amended to read:
777 186.007 State comprehensive plan; preparation; revision.—
778 (8) The revision of the state comprehensive plan is a
779 continuing process. Each section of the plan shall be reviewed
780 and analyzed biennially by the Executive Office of the Governor
781 in conjunction with the planning officers of other state
782 agencies significantly affected by the provisions of the
783 particular section under review. In conducting this review and
784 analysis, the Executive Office of the Governor shall review and
785 consider, with the assistance of the state land planning agency
786 and regional planning councils, the evaluation and appraisal
787 reports submitted pursuant to s. 163.3191 and the evaluation and
788 appraisal reports prepared pursuant to s. 186.511. Any necessary
789 revisions of the state comprehensive plan shall be proposed by
790 the Governor in a written report and be accompanied by an
791 explanation of the need for such changes. If the Governor
792 determines that changes are unnecessary, the written report must
793 explain why changes are unnecessary. The proposed revisions and
794 accompanying explanations may be submitted in the report
795 required by s. 186.031. Any proposed revisions to the plan shall
796 be submitted to the Legislature as provided in s. 186.008(2) at
797 least 30 days before prior to the regular legislative session
798 occurring in each even-numbered year.
799 Section 13. Subsections (8) and (20) of section 186.505,
800 Florida Statutes, are amended to read:
801 186.505 Regional planning councils; powers and duties.—Any
802 regional planning council created hereunder shall have the
803 following powers:
804 (8) To accept and receive, in furtherance of its functions,
805 funds, grants, and services from the Federal Government or its
806 agencies; from departments, agencies, and instrumentalities of
807 state, municipal, or local government; or from private or civic
808 sources, except as prohibited by subsection (20). Each regional
809 planning council shall render an accounting of the receipt and
810 disbursement of all funds received by it, pursuant to the
811 federal Older Americans Act, to the Legislature no later than
812 March 1 of each year. Before accepting a grant, a regional
813 planning council must make a formal public determination that
814 the purpose of the grant is in furtherance of the council’s
815 functions and will not diminish the council’s ability to fund
816 and accomplish its statutory functions.
817 (20) To provide technical assistance to local governments
818 on growth management matters. However, a regional planning
819 council may not provide consulting services for a fee to a local
820 government for a project for which the council also serves in a
821 review capacity or provide consulting services to a private
822 developer or landowner for a project for which the council may
823 also serve in a review capacity in the future.
824 Section 14. Subsection (1) of section 186.508, Florida
825 Statutes, is amended to read:
826 186.508 Strategic regional policy plan adoption;
827 consistency with state comprehensive plan.—
828 (1) Each regional planning council shall submit to the
829 Executive Office of the Governor its proposed strategic regional
830 policy plan on a schedule established by the Executive Office of
831 the Governor to coordinate implementation of the strategic
832 regional policy plans with the evaluation and appraisal process
833 reports required by s. 163.3191. The Executive Office of the
834 Governor, or its designee, shall review the proposed strategic
835 regional policy plan to ensure consistency with the adopted
836 state comprehensive plan and shall, within 60 days, provide any
837 recommended revisions. The Governor’s recommended revisions
838 shall be included in the plans in a comment section. However,
839 nothing in this section precludes herein shall preclude a
840 regional planning council from adopting or rejecting any or all
841 of the revisions as a part of its plan before prior to the
842 effective date of the plan. The rules adopting the strategic
843 regional policy plan are shall not be subject to rule challenge
844 under s. 120.56(2) or to drawout proceedings under s.
845 120.54(3)(c)2., but, once adopted, are shall be subject to an
846 invalidity challenge under s. 120.56(3) by substantially
847 affected persons, including the Executive Office of the
848 Governor. The rules shall be adopted by the regional planning
849 councils, and shall become effective upon filing with the
850 Department of State, notwithstanding the provisions of s.
851 120.54(3)(e)6.
852 Section 15. Subsections (2) and (3) of section 189.415,
853 Florida Statutes, are amended to read:
854 189.415 Special district public facilities report.—
855 (2) Each independent special district shall submit to each
856 local general-purpose government in which it is located a public
857 facilities report and an annual notice of any changes. The
858 public facilities report shall specify the following
859 information:
860 (a) A description of existing public facilities owned or
861 operated by the special district, and each public facility that
862 is operated by another entity, except a local general-purpose
863 government, through a lease or other agreement with the special
864 district. This description shall include the current capacity of
865 the facility, the current demands placed upon it, and its
866 location. This information shall be required in the initial
867 report and updated every 7 5 years at least 12 months before
868 prior to the submission date of the evaluation and appraisal
869 notification letter report of the appropriate local government
870 required by s. 163.3191. The department shall post a schedule on
871 its website, based on the evaluation and appraisal notification
872 schedule prepared pursuant to s. 163.3191(5), for use by a
873 special district to determine when its public facilities report
874 and updates to that report are due to the local general-purpose
875 governments in which the special district is located. At least
876 12 months prior to the date on which each special district’s
877 first updated report is due, the department shall notify each
878 independent district on the official list of special districts
879 compiled pursuant to s. 189.4035 of the schedule for submission
880 of the evaluation and appraisal report by each local government
881 within the special district’s jurisdiction.
882 (b) A description of each public facility the district is
883 building, improving, or expanding, or is currently proposing to
884 build, improve, or expand within at least the next 7 5 years,
885 including any facilities that the district is assisting another
886 entity, except a local general-purpose government, to build,
887 improve, or expand through a lease or other agreement with the
888 district. For each public facility identified, the report shall
889 describe how the district currently proposes to finance the
890 facility.
891 (c) If the special district currently proposes to replace
892 any facilities identified in paragraph (a) or paragraph (b)
893 within the next 10 years, the date when such facility will be
894 replaced.
895 (d) The anticipated time the construction, improvement, or
896 expansion of each facility will be completed.
897 (e) The anticipated capacity of and demands on each public
898 facility when completed. In the case of an improvement or
899 expansion of a public facility, both the existing and
900 anticipated capacity must be listed.
901 (3) A special district proposing to build, improve, or
902 expand a public facility which requires a certificate of need
903 pursuant to chapter 408 shall elect to notify the appropriate
904 local general-purpose government of its plans either in its 7
905 year 5-year plan or at the time the letter of intent is filed
906 with the Agency for Health Care Administration pursuant to s.
907 408.039.
908 Section 16. Subsection (5) of section 288.975, Florida
909 Statutes, is amended to read:
910 288.975 Military base reuse plans.—
911 (5) At the discretion of the host local government, the
912 provisions of this act may be complied with through the adoption
913 of the military base reuse plan as a separate component of the
914 local government comprehensive plan or through simultaneous
915 amendments to all pertinent portions of the local government
916 comprehensive plan. Once adopted and approved in accordance with
917 this section, the military base reuse plan shall be considered
918 to be part of the host local government’s comprehensive plan and
919 shall be thereafter implemented, amended, and reviewed pursuant
920 to in accordance with the provisions of part II of chapter 163.
921 Local government comprehensive plan amendments necessary to
922 initially adopt the military base reuse plan shall be exempt
923 from the limitation on the frequency of plan amendments
924 contained in s. 163.3187(1).
925 Section 17. Paragraph (b) of subsection (6), paragraph (e)
926 of subsection (19), subsection (24), and paragraph (b) of
927 subsection (29) of section 380.06, Florida Statutes, are amended
928 to read:
929 380.06 Developments of regional impact.—
930 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
931 PLAN AMENDMENTS.—
932 (b) Any local government comprehensive plan amendments
933 related to a proposed development of regional impact, including
934 any changes proposed under subsection (19), may be initiated by
935 a local planning agency or the developer and must be considered
936 by the local governing body at the same time as the application
937 for development approval using the procedures provided for local
938 plan amendment in s. 163.3184 s. 163.3187 and applicable local
939 ordinances, without regard to local limits on the frequency of
940 consideration of amendments to the local comprehensive plan.
941 This paragraph does not require favorable consideration of a
942 plan amendment solely because it is related to a development of
943 regional impact. The procedure for processing such comprehensive
944 plan amendments is as follows:
945 1. If a developer seeks a comprehensive plan amendment
946 related to a development of regional impact, the developer must
947 so notify in writing the regional planning agency, the
948 applicable local government, and the state land planning agency
949 no later than the date of preapplication conference or the
950 submission of the proposed change under subsection (19).
951 2. When filing the application for development approval or
952 the proposed change, the developer must include a written
953 request for comprehensive plan amendments that would be
954 necessitated by the development-of-regional-impact approvals
955 sought. That request must include data and analysis upon which
956 the applicable local government can determine whether to
957 transmit the comprehensive plan amendment pursuant to s.
958 163.3184.
959 3. The local government must advertise a public hearing on
960 the transmittal within 30 days after filing the application for
961 development approval or the proposed change and must make a
962 determination on the transmittal within 60 days after the
963 initial filing unless that time is extended by the developer.
964 4. If the local government approves the transmittal,
965 procedures set forth in s. 163.3184 s. 163.3184(4)(b)-(d) must
966 be followed.
967 5. Notwithstanding subsection (11) or subsection (19), the
968 local government may not hold a public hearing on the
969 application for development approval or the proposed change or
970 on the comprehensive plan amendments sooner than 30 days after
971 reviewing agency comments are due to the local government from
972 receipt of the response from the state land planning agency
973 pursuant to s. 163.3184 s. 163.3184(4)(d).
974 6. The local government must hear both the application for
975 development approval or the proposed change and the
976 comprehensive plan amendments at the same hearing. However, the
977 local government must take action separately on the application
978 for development approval or the proposed change and on the
979 comprehensive plan amendments.
980 7. Thereafter, the appeal process for the local government
981 development order must follow the provisions of s. 380.07, and
982 the compliance process for the comprehensive plan amendments
983 must follow the provisions of s. 163.3184.
984 (19) SUBSTANTIAL DEVIATIONS.—
985 (e)1. Except for a development order rendered pursuant to
986 subsection (22) or subsection (25), a proposed change to a
987 development order that individually or cumulatively with any
988 previous change is less than any numerical criterion contained
989 in subparagraphs (b)1.-10. and does not exceed any other
990 criterion, or that involves an extension of the buildout date of
991 a development, or any phase thereof, of less than 5 years is not
992 subject to the public hearing requirements of subparagraph
993 (f)3., and is not subject to a determination pursuant to
994 subparagraph (f)5. Notice of the proposed change shall be made
995 to the regional planning council and the state land planning
996 agency. Such notice shall include a description of previous
997 individual changes made to the development, including changes
998 previously approved by the local government, and shall include
999 appropriate amendments to the development order.
1000 2. The following changes, individually or cumulatively with
1001 any previous changes, are not substantial deviations:
1002 a. Changes in the name of the project, developer, owner, or
1003 monitoring official.
1004 b. Changes to a setback that do not affect noise buffers,
1005 environmental protection or mitigation areas, or archaeological
1006 or historical resources.
1007 c. Changes to minimum lot sizes.
1008 d. Changes in the configuration of internal roads that do
1009 not affect external access points.
1010 e. Changes to the building design or orientation that stay
1011 approximately within the approved area designated for such
1012 building and parking lot, and which do not affect historical
1013 buildings designated as significant by the Division of
1014 Historical Resources of the Department of State.
1015 f. Changes to increase the acreage in the development,
1016 provided that no development is proposed on the acreage to be
1017 added.
1018 g. Changes to eliminate an approved land use, provided that
1019 there are no additional regional impacts.
1020 h. Changes required to conform to permits approved by any
1021 federal, state, or regional permitting agency, provided that
1022 these changes do not create additional regional impacts.
1023 i. Any renovation or redevelopment of development within a
1024 previously approved development of regional impact which does
1025 not change land use or increase density or intensity of use.
1026 j. Changes that modify boundaries and configuration of
1027 areas described in subparagraph (b)11. due to science-based
1028 refinement of such areas by survey, by habitat evaluation, by
1029 other recognized assessment methodology, or by an environmental
1030 assessment. In order for changes to qualify under this sub
1031 subparagraph, the survey, habitat evaluation, or assessment must
1032 occur prior to the time a conservation easement protecting such
1033 lands is recorded and must not result in any net decrease in the
1034 total acreage of the lands specifically set aside for permanent
1035 preservation in the final development order.
1036 k. Any other change which the state land planning agency,
1037 in consultation with the regional planning council, agrees in
1038 writing is similar in nature, impact, or character to the
1039 changes enumerated in sub-subparagraphs a.-j. and which does not
1040 create the likelihood of any additional regional impact.
1041
1042 This subsection does not require the filing of a notice of
1043 proposed change but shall require an application to the local
1044 government to amend the development order in accordance with the
1045 local government’s procedures for amendment of a development
1046 order. In accordance with the local government’s procedures,
1047 including requirements for notice to the applicant and the
1048 public, the local government shall either deny the application
1049 for amendment or adopt an amendment to the development order
1050 which approves the application with or without conditions.
1051 Following adoption, the local government shall render to the
1052 state land planning agency the amendment to the development
1053 order. The state land planning agency may appeal, pursuant to s.
1054 380.07(3), the amendment to the development order if the
1055 amendment involves sub-subparagraph g., sub-subparagraph h.,
1056 sub-subparagraph j., or sub-subparagraph k., and it believes the
1057 change creates a reasonable likelihood of new or additional
1058 regional impacts.
1059 3. Except for the change authorized by sub-subparagraph
1060 2.f., any addition of land not previously reviewed or any change
1061 not specified in paragraph (b) or paragraph (c) shall be
1062 presumed to create a substantial deviation. This presumption may
1063 be rebutted by clear and convincing evidence.
1064 4. Any submittal of a proposed change to a previously
1065 approved development shall include a description of individual
1066 changes previously made to the development, including changes
1067 previously approved by the local government. The local
1068 government shall consider the previous and current proposed
1069 changes in deciding whether such changes cumulatively constitute
1070 a substantial deviation requiring further development-of
1071 regional-impact review.
1072 5. The following changes to an approved development of
1073 regional impact shall be presumed to create a substantial
1074 deviation. Such presumption may be rebutted by clear and
1075 convincing evidence.
1076 a. A change proposed for 15 percent or more of the acreage
1077 to a land use not previously approved in the development order.
1078 Changes of less than 15 percent shall be presumed not to create
1079 a substantial deviation.
1080 b. Notwithstanding any provision of paragraph (b) to the
1081 contrary, a proposed change consisting of simultaneous increases
1082 and decreases of at least two of the uses within an authorized
1083 multiuse development of regional impact which was originally
1084 approved with three or more uses specified in s. 380.0651(3)(c)
1085 and (d) s. 380.0651(3)(c), (d), and (e) and residential use.
1086 6. If a local government agrees to a proposed change, a
1087 change in the transportation proportionate share calculation and
1088 mitigation plan in an adopted development order as a result of
1089 recalculation of the proportionate share contribution meeting
1090 the requirements of s. 163.3180(5)(h) in effect as of the date
1091 of such change shall be presumed not to create a substantial
1092 deviation. For purposes of this subsection, the proposed change
1093 in the proportionate share calculation or mitigation plan shall
1094 not be considered an additional regional transportation impact.
1095 (24) STATUTORY EXEMPTIONS.—
1096 (a) Any proposed hospital is exempt from this section.
1097 (b) Any proposed electrical transmission line or electrical
1098 power plant is exempt from this section.
1099 (c) Any proposed addition to an existing sports facility
1100 complex is exempt from this section if the addition meets the
1101 following characteristics:
1102 1. It would not operate concurrently with the scheduled
1103 hours of operation of the existing facility.
1104 2. Its seating capacity would be no more than 75 percent of
1105 the capacity of the existing facility.
1106 3. The sports facility complex property is owned by a
1107 public body before July 1, 1983.
1108
1109 This exemption does not apply to any pari-mutuel facility.
1110 (d) Any proposed addition or cumulative additions
1111 subsequent to July 1, 1988, to an existing sports facility
1112 complex owned by a state university is exempt if the increased
1113 seating capacity of the complex is no more than 30 percent of
1114 the capacity of the existing facility.
1115 (e) Any addition of permanent seats or parking spaces for
1116 an existing sports facility located on property owned by a
1117 public body before July 1, 1973, is exempt from this section if
1118 future additions do not expand existing permanent seating or
1119 parking capacity more than 15 percent annually in excess of the
1120 prior year’s capacity.
1121 (f) Any increase in the seating capacity of an existing
1122 sports facility having a permanent seating capacity of at least
1123 50,000 spectators is exempt from this section, provided that
1124 such an increase does not increase permanent seating capacity by
1125 more than 5 percent per year and not to exceed a total of 10
1126 percent in any 5-year period, and provided that the sports
1127 facility notifies the appropriate local government within which
1128 the facility is located of the increase at least 6 months before
1129 the initial use of the increased seating, in order to permit the
1130 appropriate local government to develop a traffic management
1131 plan for the traffic generated by the increase. Any traffic
1132 management plan shall be consistent with the local comprehensive
1133 plan, the regional policy plan, and the state comprehensive
1134 plan.
1135 (g) Any expansion in the permanent seating capacity or
1136 additional improved parking facilities of an existing sports
1137 facility is exempt from this section, if the following
1138 conditions exist:
1139 1.a. The sports facility had a permanent seating capacity
1140 on January 1, 1991, of at least 41,000 spectator seats;
1141 b. The sum of such expansions in permanent seating capacity
1142 does not exceed a total of 10 percent in any 5-year period and
1143 does not exceed a cumulative total of 20 percent for any such
1144 expansions; or
1145 c. The increase in additional improved parking facilities
1146 is a one-time addition and does not exceed 3,500 parking spaces
1147 serving the sports facility; and
1148 2. The local government having jurisdiction of the sports
1149 facility includes in the development order or development permit
1150 approving such expansion under this paragraph a finding of fact
1151 that the proposed expansion is consistent with the
1152 transportation, water, sewer and stormwater drainage provisions
1153 of the approved local comprehensive plan and local land
1154 development regulations relating to those provisions.
1155
1156 Any owner or developer who intends to rely on this statutory
1157 exemption shall provide to the department a copy of the local
1158 government application for a development permit. Within 45 days
1159 after receipt of the application, the department shall render to
1160 the local government an advisory and nonbinding opinion, in
1161 writing, stating whether, in the department’s opinion, the
1162 prescribed conditions exist for an exemption under this
1163 paragraph. The local government shall render the development
1164 order approving each such expansion to the department. The
1165 owner, developer, or department may appeal the local government
1166 development order pursuant to s. 380.07, within 45 days after
1167 the order is rendered. The scope of review shall be limited to
1168 the determination of whether the conditions prescribed in this
1169 paragraph exist. If any sports facility expansion undergoes
1170 development-of-regional-impact review, all previous expansions
1171 which were exempt under this paragraph shall be included in the
1172 development-of-regional-impact review.
1173 (h) Expansion to port harbors, spoil disposal sites,
1174 navigation channels, turning basins, harbor berths, and other
1175 related inwater harbor facilities of ports listed in s.
1176 403.021(9)(b), port transportation facilities and projects
1177 listed in s. 311.07(3)(b), and intermodal transportation
1178 facilities identified pursuant to s. 311.09(3) are exempt from
1179 this section when such expansions, projects, or facilities are
1180 consistent with comprehensive master plans that are in
1181 compliance with s. 163.3178.
1182 (i) Any proposed facility for the storage of any petroleum
1183 product or any expansion of an existing facility is exempt from
1184 this section.
1185 (j) Any renovation or redevelopment within the same land
1186 parcel which does not change land use or increase density or
1187 intensity of use.
1188 (k) Waterport and marina development, including dry storage
1189 facilities, are exempt from this section.
1190 (l) Any proposed development within an urban service
1191 boundary established under s. 163.3177(14), Florida Statutes
1192 (2010), which is not otherwise exempt pursuant to subsection
1193 (29), is exempt from this section if the local government having
1194 jurisdiction over the area where the development is proposed has
1195 adopted the urban service boundary and has entered into a
1196 binding agreement with jurisdictions that would be impacted and
1197 with the Department of Transportation regarding the mitigation
1198 of impacts on state and regional transportation facilities.
1199 (m) Any proposed development within a rural land
1200 stewardship area created under s. 163.3248.
1201 (n) The establishment, relocation, or expansion of any
1202 military installation as defined in s. 163.3175, is exempt from
1203 this section.
1204 (o) Any self-storage warehousing that does not allow retail
1205 or other services is exempt from this section.
1206 (p) Any proposed nursing home or assisted living facility
1207 is exempt from this section.
1208 (q) Any development identified in an airport master plan
1209 and adopted into the comprehensive plan pursuant to s.
1210 163.3177(6)(b)4. s. 163.3177(6)(k) is exempt from this section.
1211 (r) Any development identified in a campus master plan and
1212 adopted pursuant to s. 1013.30 is exempt from this section.
1213 (s) Any development in a detailed specific area plan which
1214 is prepared and adopted pursuant to s. 163.3245 is exempt from
1215 this section.
1216 (t) Any proposed solid mineral mine and any proposed
1217 addition to, expansion of, or change to an existing solid
1218 mineral mine is exempt from this section. A mine owner will
1219 enter into a binding agreement with the Department of
1220 Transportation to mitigate impacts to strategic intermodal
1221 system facilities pursuant to the transportation thresholds in
1222 subsection (19) or rule 9J-2.045(6), Florida Administrative
1223 Code. Proposed changes to any previously approved solid mineral
1224 mine development-of-regional-impact development orders having
1225 vested rights are is not subject to further review or approval
1226 as a development-of-regional-impact or notice-of-proposed-change
1227 review or approval pursuant to subsection (19), except for those
1228 applications pending as of July 1, 2011, which shall be governed
1229 by s. 380.115(2). Notwithstanding the foregoing, however,
1230 pursuant to s. 380.115(1), previously approved solid mineral
1231 mine development-of-regional-impact development orders shall
1232 continue to enjoy vested rights and continue to be effective
1233 unless rescinded by the developer. All local government
1234 regulations of proposed solid mineral mines shall be applicable
1235 to any new solid mineral mine or to any proposed addition to,
1236 expansion of, or change to an existing solid mineral mine.
1237 (u) Notwithstanding any provisions in an agreement with or
1238 among a local government, regional agency, or the state land
1239 planning agency or in a local government’s comprehensive plan to
1240 the contrary, a project no longer subject to development-of
1241 regional-impact review under revised thresholds is not required
1242 to undergo such review.
1243 (v) Any development within a county with a research and
1244 education authority created by special act and that is also
1245 within a research and development park that is operated or
1246 managed by a research and development authority pursuant to part
1247 V of chapter 159 is exempt from this section.
1248 (w) Any development in an energy economic zone designated
1249 pursuant to s. 377.809 is exempt from this section upon approval
1250 by its local governing body.
1251
1252 If a use is exempt from review as a development of regional
1253 impact under paragraphs (a)-(u), but will be part of a larger
1254 project that is subject to review as a development of regional
1255 impact, the impact of the exempt use must be included in the
1256 review of the larger project, unless such exempt use involves a
1257 development of regional impact that includes a landowner,
1258 tenant, or user that has entered into a funding agreement with
1259 the Department of Economic Opportunity under the Innovation
1260 Incentive Program and the agreement contemplates a state award
1261 of at least $50 million.
1262 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
1263 (b) If a municipality that does not qualify as a dense
1264 urban land area pursuant to paragraph (a) s. 163.3164 designates
1265 any of the following areas in its comprehensive plan, any
1266 proposed development within the designated area is exempt from
1267 the development-of-regional-impact process:
1268 1. Urban infill as defined in s. 163.3164;
1269 2. Community redevelopment areas as defined in s. 163.340;
1270 3. Downtown revitalization areas as defined in s. 163.3164;
1271 4. Urban infill and redevelopment under s. 163.2517; or
1272 5. Urban service areas as defined in s. 163.3164 or areas
1273 within a designated urban service boundary under s.
1274 163.3177(14).
1275 Section 18. Subsection (1) of section 380.115, Florida
1276 Statutes, is amended to read:
1277 380.115 Vested rights and duties; effect of size reduction,
1278 changes in guidelines and standards.—
1279 (1) A change in a development-of-regional-impact guideline
1280 and standard does not abridge or modify any vested or other
1281 right or any duty or obligation pursuant to any development
1282 order or agreement that is applicable to a development of
1283 regional impact. A development that has received a development
1284 of-regional-impact development order pursuant to s. 380.06, but
1285 is no longer required to undergo development-of-regional-impact
1286 review by operation of a change in the guidelines and standards
1287 or has reduced its size below the thresholds in s. 380.0651, or
1288 a development that is exempt pursuant to s. 380.06(24) or s.
1289 380.06(29) shall be governed by the following procedures:
1290 (a) The development shall continue to be governed by the
1291 development-of-regional-impact development order and may be
1292 completed in reliance upon and pursuant to the development order
1293 unless the developer or landowner has followed the procedures
1294 for rescission in paragraph (b). Any proposed changes to those
1295 developments which continue to be governed by a development
1296 order shall be approved pursuant to s. 380.06(19) as it existed
1297 prior to a change in the development-of-regional-impact
1298 guidelines and standards, except that all percentage criteria
1299 shall be doubled and all other criteria shall be increased by 10
1300 percent. The development-of-regional-impact development order
1301 may be enforced by the local government as provided by ss.
1302 380.06(17) and 380.11.
1303 (b) If requested by the developer or landowner, the
1304 development-of-regional-impact development order shall be
1305 rescinded by the local government having jurisdiction upon a
1306 showing that all required mitigation related to the amount of
1307 development that existed on the date of rescission has been
1308 completed.
1309 Section 19. Section 1013.33, Florida Statutes, is amended
1310 to read:
1311 1013.33 Coordination of planning with local governing
1312 bodies.—
1313 (1) It is the policy of this state to require the
1314 coordination of planning between boards and local governing
1315 bodies to ensure that plans for the construction and opening of
1316 public educational facilities are facilitated and coordinated in
1317 time and place with plans for residential development,
1318 concurrently with other necessary services. Such planning shall
1319 include the integration of the educational facilities plan and
1320 applicable policies and procedures of a board with the local
1321 comprehensive plan and land development regulations of local
1322 governments. The planning must include the consideration of
1323 allowing students to attend the school located nearest their
1324 homes when a new housing development is constructed near a
1325 county boundary and it is more feasible to transport the
1326 students a short distance to an existing facility in an adjacent
1327 county than to construct a new facility or transport students
1328 longer distances in their county of residence. The planning must
1329 also consider the effects of the location of public education
1330 facilities, including the feasibility of keeping central city
1331 facilities viable, in order to encourage central city
1332 redevelopment and the efficient use of infrastructure and to
1333 discourage uncontrolled urban sprawl. In addition, all parties
1334 to the planning process must consult with state and local road
1335 departments to assist in implementing the Safe Paths to Schools
1336 program administered by the Department of Transportation.
1337 (2)(a) The school board, county, and nonexempt
1338 municipalities located within the geographic area of a school
1339 district shall enter into an interlocal agreement according to
1340 s. 163.31777, which that jointly establishes the specific ways
1341 in which the plans and processes of the district school board
1342 and the local governments are to be coordinated. The interlocal
1343 agreements shall be submitted to the state land planning agency
1344 and the Office of Educational Facilities in accordance with a
1345 schedule published by the state land planning agency.
1346 (b) The schedule must establish staggered due dates for
1347 submission of interlocal agreements that are executed by both
1348 the local government and district school board, commencing on
1349 March 1, 2003, and concluding by December 1, 2004, and must set
1350 the same date for all governmental entities within a school
1351 district. However, if the county where the school district is
1352 located contains more than 20 municipalities, the state land
1353 planning agency may establish staggered due dates for the
1354 submission of interlocal agreements by these municipalities. The
1355 schedule must begin with those areas where both the number of
1356 districtwide capital-outlay full-time-equivalent students equals
1357 80 percent or more of the current year’s school capacity and the
1358 projected 5-year student growth rate is 1,000 or greater, or
1359 where the projected 5-year student growth rate is 10 percent or
1360 greater.
1361 (c) If the student population has declined over the 5-year
1362 period preceding the due date for submittal of an interlocal
1363 agreement by the local government and the district school board,
1364 the local government and district school board may petition the
1365 state land planning agency for a waiver of one or more of the
1366 requirements of subsection (3). The waiver must be granted if
1367 the procedures called for in subsection (3) are unnecessary
1368 because of the school district’s declining school age
1369 population, considering the district’s 5-year work program
1370 prepared pursuant to s. 1013.35. The state land planning agency
1371 may modify or revoke the waiver upon a finding that the
1372 conditions upon which the waiver was granted no longer exist.
1373 The district school board and local governments must submit an
1374 interlocal agreement within 1 year after notification by the
1375 state land planning agency that the conditions for a waiver no
1376 longer exist.
1377 (d) Interlocal agreements between local governments and
1378 district school boards adopted pursuant to s. 163.3177 before
1379 the effective date of subsections (2)-(7) must be updated and
1380 executed pursuant to the requirements of subsections (2)-(7), if
1381 necessary. Amendments to interlocal agreements adopted pursuant
1382 to subsections (2)-(7) must be submitted to the state land
1383 planning agency within 30 days after execution by the parties
1384 for review consistent with subsections (3) and (4). Local
1385 governments and the district school board in each school
1386 district are encouraged to adopt a single interlocal agreement
1387 in which all join as parties. The state land planning agency
1388 shall assemble and make available model interlocal agreements
1389 meeting the requirements of subsections (2)-(7) and shall notify
1390 local governments and, jointly with the Department of Education,
1391 the district school boards of the requirements of subsections
1392 (2)-(7), the dates for compliance, and the sanctions for
1393 noncompliance. The state land planning agency shall be available
1394 to informally review proposed interlocal agreements. If the
1395 state land planning agency has not received a proposed
1396 interlocal agreement for informal review, the state land
1397 planning agency shall, at least 60 days before the deadline for
1398 submission of the executed agreement, renotify the local
1399 government and the district school board of the upcoming
1400 deadline and the potential for sanctions.
1401 (3) At a minimum, the interlocal agreement must address
1402 interlocal agreement requirements in s. 163.31777 and, if
1403 applicable, s. 163.3180(6), and must address the following
1404 issues:
1405 (a) A process by which each local government and the
1406 district school board agree and base their plans on consistent
1407 projections of the amount, type, and distribution of population
1408 growth and student enrollment. The geographic distribution of
1409 jurisdiction-wide growth forecasts is a major objective of the
1410 process.
1411 (b) A process to coordinate and share information relating
1412 to existing and planned public school facilities, including
1413 school renovations and closures, and local government plans for
1414 development and redevelopment.
1415 (c) Participation by affected local governments with the
1416 district school board in the process of evaluating potential
1417 school closures, significant renovations to existing schools,
1418 and new school site selection before land acquisition. Local
1419 governments shall advise the district school board as to the
1420 consistency of the proposed closure, renovation, or new site
1421 with the local comprehensive plan, including appropriate
1422 circumstances and criteria under which a district school board
1423 may request an amendment to the comprehensive plan for school
1424 siting.
1425 (d) A process for determining the need for and timing of
1426 onsite and offsite improvements to support new construction,
1427 proposed expansion, or redevelopment of existing schools. The
1428 process shall address identification of the party or parties
1429 responsible for the improvements.
1430 (e) A process for the school board to inform the local
1431 government regarding the effect of comprehensive plan amendments
1432 on school capacity. The capacity reporting must be consistent
1433 with laws and rules regarding measurement of school facility
1434 capacity and must also identify how the district school board
1435 will meet the public school demand based on the facilities work
1436 program adopted pursuant to s. 1013.35.
1437 (f) Participation of the local governments in the
1438 preparation of the annual update to the school board’s 5-year
1439 district facilities work program and educational plant survey
1440 prepared pursuant to s. 1013.35.
1441 (g) A process for determining where and how joint use of
1442 either school board or local government facilities can be shared
1443 for mutual benefit and efficiency.
1444 (h) A procedure for the resolution of disputes between the
1445 district school board and local governments, which may include
1446 the dispute resolution processes contained in chapters 164 and
1447 186.
1448 (i) An oversight process, including an opportunity for
1449 public participation, for the implementation of the interlocal
1450 agreement.
1451 (4)(a) The Office of Educational Facilities shall submit
1452 any comments or concerns regarding the executed interlocal
1453 agreement to the state land planning agency within 30 days after
1454 receipt of the executed interlocal agreement. The state land
1455 planning agency shall review the executed interlocal agreement
1456 to determine whether it is consistent with the requirements of
1457 subsection (3), the adopted local government comprehensive plan,
1458 and other requirements of law. Within 60 days after receipt of
1459 an executed interlocal agreement, the state land planning agency
1460 shall publish a notice of intent in the Florida Administrative
1461 Weekly and shall post a copy of the notice on the agency’s
1462 Internet site. The notice of intent must state that the
1463 interlocal agreement is consistent or inconsistent with the
1464 requirements of subsection (3) and this subsection as
1465 appropriate.
1466 (b) The state land planning agency’s notice is subject to
1467 challenge under chapter 120; however, an affected person, as
1468 defined in s. 163.3184(1)(a), has standing to initiate the
1469 administrative proceeding, and this proceeding is the sole means
1470 available to challenge the consistency of an interlocal
1471 agreement required by this section with the criteria contained
1472 in subsection (3) and this subsection. In order to have
1473 standing, each person must have submitted oral or written
1474 comments, recommendations, or objections to the local government
1475 or the school board before the adoption of the interlocal
1476 agreement by the district school board and local government. The
1477 district school board and local governments are parties to any
1478 such proceeding. In this proceeding, when the state land
1479 planning agency finds the interlocal agreement to be consistent
1480 with the criteria in subsection (3) and this subsection, the
1481 interlocal agreement must be determined to be consistent with
1482 subsection (3) and this subsection if the local government’s and
1483 school board’s determination of consistency is fairly debatable.
1484 When the state land planning agency finds the interlocal
1485 agreement to be inconsistent with the requirements of subsection
1486 (3) and this subsection, the local government’s and school
1487 board’s determination of consistency shall be sustained unless
1488 it is shown by a preponderance of the evidence that the
1489 interlocal agreement is inconsistent.
1490 (c) If the state land planning agency enters a final order
1491 that finds that the interlocal agreement is inconsistent with
1492 the requirements of subsection (3) or this subsection, the state
1493 land planning agency shall forward it to the Administration
1494 Commission, which may impose sanctions against the local
1495 government pursuant to s. 163.3184(11) and may impose sanctions
1496 against the district school board by directing the Department of
1497 Education to withhold an equivalent amount of funds for school
1498 construction available pursuant to ss. 1013.65, 1013.68,
1499 1013.70, and 1013.72.
1500 (5) If an executed interlocal agreement is not timely
1501 submitted to the state land planning agency for review, the
1502 state land planning agency shall, within 15 working days after
1503 the deadline for submittal, issue to the local government and
1504 the district school board a notice to show cause why sanctions
1505 should not be imposed for failure to submit an executed
1506 interlocal agreement by the deadline established by the agency.
1507 The agency shall forward the notice and the responses to the
1508 Administration Commission, which may enter a final order citing
1509 the failure to comply and imposing sanctions against the local
1510 government and district school board by directing the
1511 appropriate agencies to withhold at least 5 percent of state
1512 funds pursuant to s. 163.3184(11) and by directing the
1513 Department of Education to withhold from the district school
1514 board at least 5 percent of funds for school construction
1515 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
1516 1013.72.
1517 (6) Any local government transmitting a public school
1518 element to implement school concurrency pursuant to the
1519 requirements of s. 163.3180 before the effective date of this
1520 section is not required to amend the element or any interlocal
1521 agreement to conform with the provisions of subsections (2)-(6)
1522 if the element is adopted prior to or within 1 year after the
1523 effective date of subsections (2)-(6) and remains in effect.
1524 (3)(7) A board and the local governing body must share and
1525 coordinate information related to existing and planned school
1526 facilities; proposals for development, redevelopment, or
1527 additional development; and infrastructure required to support
1528 the school facilities, concurrent with proposed development. A
1529 school board shall use information produced by the demographic,
1530 revenue, and education estimating conferences pursuant to s.
1531 216.136 when preparing the district educational facilities plan
1532 pursuant to s. 1013.35, as modified and agreed to by the local
1533 governments, when provided by interlocal agreement, and the
1534 Office of Educational Facilities, in consideration of local
1535 governments’ population projections, to ensure that the district
1536 educational facilities plan not only reflects enrollment
1537 projections but also considers applicable municipal and county
1538 growth and development projections. The projections must be
1539 apportioned geographically with assistance from the local
1540 governments using local government trend data and the school
1541 district student enrollment data. A school board is precluded
1542 from siting a new school in a jurisdiction where the school
1543 board has failed to provide the annual educational facilities
1544 plan for the prior year required pursuant to s. 1013.35 unless
1545 the failure is corrected.
1546 (4)(8) The location of educational facilities shall be
1547 consistent with the comprehensive plan of the appropriate local
1548 governing body developed under part II of chapter 163 and
1549 consistent with the plan’s implementing land development
1550 regulations.
1551 (5)(9) To improve coordination relative to potential
1552 educational facility sites, a board shall provide written notice
1553 to the local government that has regulatory authority over the
1554 use of the land consistent with an interlocal agreement entered
1555 pursuant to s. 163.31777 subsections (2)-(6) at least 60 days
1556 before prior to acquiring or leasing property that may be used
1557 for a new public educational facility. The local government,
1558 upon receipt of this notice, shall notify the board within 45
1559 days if the site proposed for acquisition or lease is consistent
1560 with the land use categories and policies of the local
1561 government’s comprehensive plan. This preliminary notice does
1562 not constitute the local government’s determination of
1563 consistency pursuant to subsection (6) (10).
1564 (6)(10) As early in the design phase as feasible and
1565 consistent with an interlocal agreement entered pursuant to s.
1566 163.31777 subsections (2)-(6), but no later than 90 days before
1567 commencing construction, the district school board shall in
1568 writing request a determination of consistency with the local
1569 government’s comprehensive plan. The local governing body that
1570 regulates the use of land shall determine, in writing within 45
1571 days after receiving the necessary information and a school
1572 board’s request for a determination, whether a proposed
1573 educational facility is consistent with the local comprehensive
1574 plan and consistent with local land development regulations. If
1575 the determination is affirmative, school construction may
1576 commence and further local government approvals are not
1577 required, except as provided in this section. Failure of the
1578 local governing body to make a determination in writing within
1579 90 days after a district school board’s request for a
1580 determination of consistency shall be considered an approval of
1581 the district school board’s application. Campus master plans and
1582 development agreements must comply with the provisions of s.
1583 1013.30.
1584 (7)(11) A local governing body may not deny the site
1585 applicant based on adequacy of the site plan as it relates
1586 solely to the needs of the school. If the site is consistent
1587 with the comprehensive plan’s land use policies and categories
1588 in which public schools are identified as allowable uses, the
1589 local government may not deny the application but it may impose
1590 reasonable development standards and conditions in accordance
1591 with s. 1013.51(1) and consider the site plan and its adequacy
1592 as it relates to environmental concerns, health, safety and
1593 welfare, and effects on adjacent property. Standards and
1594 conditions may not be imposed which conflict with those
1595 established in this chapter or the Florida Building Code, unless
1596 mutually agreed and consistent with the interlocal agreement
1597 required by s. 163.31777 subsections (2)-(6).
1598 (8)(12) This section does not prohibit a local governing
1599 body and district school board from agreeing and establishing an
1600 alternative process for reviewing a proposed educational
1601 facility and site plan, and offsite impacts, pursuant to an
1602 interlocal agreement adopted in accordance with s. 163.31777
1603 subsections (2)-(6).
1604 (9)(13) Existing schools shall be considered consistent
1605 with the applicable local government comprehensive plan adopted
1606 under part II of chapter 163. If a board submits an application
1607 to expand an existing school site, the local governing body may
1608 impose reasonable development standards and conditions on the
1609 expansion only, and in a manner consistent with s. 1013.51(1).
1610 Standards and conditions may not be imposed which conflict with
1611 those established in this chapter or the Florida Building Code,
1612 unless mutually agreed. Local government review or approval is
1613 not required for:
1614 (a) The placement of temporary or portable classroom
1615 facilities; or
1616 (b) Proposed renovation or construction on existing school
1617 sites, with the exception of construction that changes the
1618 primary use of a facility, includes stadiums, or results in a
1619 greater than 5 percent increase in student capacity, or as
1620 mutually agreed upon, pursuant to an interlocal agreement
1621 adopted in accordance with s. 163.31777 subsections (2)-(6).
1622 Section 20. Paragraph (b) of subsection (2) of section
1623 1013.35, Florida Statutes, is amended to read:
1624 1013.35 School district educational facilities plan;
1625 definitions; preparation, adoption, and amendment; long-term
1626 work programs.—
1627 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
1628 FACILITIES PLAN.—
1629 (b) The plan must also include a financially feasible
1630 district facilities work program for a 5-year period. The work
1631 program must include:
1632 1. A schedule of major repair and renovation projects
1633 necessary to maintain the educational facilities and ancillary
1634 facilities of the district.
1635 2. A schedule of capital outlay projects necessary to
1636 ensure the availability of satisfactory student stations for the
1637 projected student enrollment in K-12 programs. This schedule
1638 shall consider:
1639 a. The locations, capacities, and planned utilization rates
1640 of current educational facilities of the district. The capacity
1641 of existing satisfactory facilities, as reported in the Florida
1642 Inventory of School Houses must be compared to the capital
1643 outlay full-time-equivalent student enrollment as determined by
1644 the department, including all enrollment used in the calculation
1645 of the distribution formula in s. 1013.64.
1646 b. The proposed locations of planned facilities, whether
1647 those locations are consistent with the comprehensive plans of
1648 all affected local governments, and recommendations for
1649 infrastructure and other improvements to land adjacent to
1650 existing facilities. The provisions of ss. 1013.33(6), (7), and
1651 (8) ss. 1013.33(10), (11), and (12) and 1013.36 must be
1652 addressed for new facilities planned within the first 3 years of
1653 the work plan, as appropriate.
1654 c. Plans for the use and location of relocatable
1655 facilities, leased facilities, and charter school facilities.
1656 d. Plans for multitrack scheduling, grade level
1657 organization, block scheduling, or other alternatives that
1658 reduce the need for additional permanent student stations.
1659 e. Information concerning average class size and
1660 utilization rate by grade level within the district which will
1661 result if the tentative district facilities work program is
1662 fully implemented.
1663 f. The number and percentage of district students planned
1664 to be educated in relocatable facilities during each year of the
1665 tentative district facilities work program. For determining
1666 future needs, student capacity may not be assigned to any
1667 relocatable classroom that is scheduled for elimination or
1668 replacement with a permanent educational facility in the current
1669 year of the adopted district educational facilities plan and in
1670 the district facilities work program adopted under this section.
1671 Those relocatable classrooms clearly identified and scheduled
1672 for replacement in a school-board-adopted, financially feasible,
1673 5-year district facilities work program shall be counted at zero
1674 capacity at the time the work program is adopted and approved by
1675 the school board. However, if the district facilities work
1676 program is changed and the relocatable classrooms are not
1677 replaced as scheduled in the work program, the classrooms must
1678 be reentered into the system and be counted at actual capacity.
1679 Relocatable classrooms may not be perpetually added to the work
1680 program or continually extended for purposes of circumventing
1681 this section. All relocatable classrooms not identified and
1682 scheduled for replacement, including those owned, lease
1683 purchased, or leased by the school district, must be counted at
1684 actual student capacity. The district educational facilities
1685 plan must identify the number of relocatable student stations
1686 scheduled for replacement during the 5-year survey period and
1687 the total dollar amount needed for that replacement.
1688 g. Plans for the closure of any school, including plans for
1689 disposition of the facility or usage of facility space, and
1690 anticipated revenues.
1691 h. Projects for which capital outlay and debt service funds
1692 accruing under s. 9(d), Art. XII of the State Constitution are
1693 to be used shall be identified separately in priority order on a
1694 project priority list within the district facilities work
1695 program.
1696 3. The projected cost for each project identified in the
1697 district facilities work program. For proposed projects for new
1698 student stations, a schedule shall be prepared comparing the
1699 planned cost and square footage for each new student station, by
1700 elementary, middle, and high school levels, to the low, average,
1701 and high cost of facilities constructed throughout the state
1702 during the most recent fiscal year for which data is available
1703 from the Department of Education.
1704 4. A schedule of estimated capital outlay revenues from
1705 each currently approved source which is estimated to be
1706 available for expenditure on the projects included in the
1707 district facilities work program.
1708 5. A schedule indicating which projects included in the
1709 district facilities work program will be funded from current
1710 revenues projected in subparagraph 4.
1711 6. A schedule of options for the generation of additional
1712 revenues by the district for expenditure on projects identified
1713 in the district facilities work program which are not funded
1714 under subparagraph 5. Additional anticipated revenues may
1715 include effort index grants, SIT Program awards, and Classrooms
1716 First funds.
1717 Section 21. Subsections (3), (5), (6), (7), (8), (9), (10),
1718 and (11) of section 1013.351, Florida Statutes, are amended to
1719 read:
1720 1013.351 Coordination of planning between the Florida
1721 School for the Deaf and the Blind and local governing bodies.—
1722 (3) The board of trustees and the municipality in which the
1723 school is located may enter into an interlocal agreement to
1724 establish the specific ways in which the plans and processes of
1725 the board of trustees and the local government are to be
1726 coordinated. If the school and local government enter into an
1727 interlocal agreement, the agreement must be submitted to the
1728 state land planning agency and the Office of Educational
1729 Facilities.
1730 (5)(a) The Office of Educational Facilities shall submit
1731 any comments or concerns regarding the executed interlocal
1732 agreements to the state land planning agency no later than 30
1733 days after receipt of the executed interlocal agreements. The
1734 state land planning agency shall review the executed interlocal
1735 agreements to determine whether they are consistent with the
1736 requirements of subsection (4), the adopted local government
1737 comprehensive plans, and other requirements of law. Not later
1738 than 60 days after receipt of an executed interlocal agreement,
1739 the state land planning agency shall publish a notice of intent
1740 in the Florida Administrative Weekly. The notice of intent must
1741 state that the interlocal agreement is consistent or
1742 inconsistent with the requirements of subsection (4) and this
1743 subsection as appropriate.
1744 (b)1. The state land planning agency’s notice is subject to
1745 challenge under chapter 120. However, an affected person, as
1746 defined in s. 163.3184, has standing to initiate the
1747 administrative proceeding, and this proceeding is the sole means
1748 available to challenge the consistency of an interlocal
1749 agreement with the criteria contained in subsection (4) and this
1750 subsection. In order to have standing, a person must have
1751 submitted oral or written comments, recommendations, or
1752 objections to the appropriate local government or the board of
1753 trustees before the adoption of the interlocal agreement by the
1754 board of trustees and local government. The board of trustees
1755 and the appropriate local government are parties to any such
1756 proceeding.
1757 2. In the administrative proceeding, if the state land
1758 planning agency finds the interlocal agreement to be consistent
1759 with the criteria in subsection (4) and this subsection, the
1760 interlocal agreement must be determined to be consistent with
1761 subsection (4) and this subsection if the local government and
1762 board of trustees is fairly debatable.
1763 3. If the state land planning agency finds the interlocal
1764 agreement to be inconsistent with the requirements of subsection
1765 (4) and this subsection, the determination of consistency by the
1766 local government and board of trustees shall be sustained unless
1767 it is shown by a preponderance of the evidence that the
1768 interlocal agreement is inconsistent.
1769 (c) If the state land planning agency enters a final order
1770 that finds that the interlocal agreement is inconsistent with
1771 the requirements of subsection (4) or this subsection, the state
1772 land planning agency shall identify the issues in dispute and
1773 submit the matter to the Administration Commission for final
1774 action. The report to the Administration Commission must list
1775 each issue in dispute, describe the nature and basis for each
1776 dispute, identify alternative resolutions of each dispute, and
1777 make recommendations. After receiving the report from the state
1778 land planning agency, the Administration Commission shall take
1779 action to resolve the issues. In deciding upon a proper
1780 resolution, the Administration Commission shall consider the
1781 nature of the issues in dispute, the compliance of the parties
1782 with this section, the extent of the conflict between the
1783 parties, the comparative hardships, and the public interest
1784 involved. In resolving the matter, the Administration Commission
1785 may prescribe, by order, the contents of the interlocal
1786 agreement which shall be executed by the board of trustees and
1787 the local government.
1788 (5)(6) An interlocal agreement may be amended under
1789 subsections (2)-(4) (2)-(5):
1790 (a) In conjunction with updates to the school’s educational
1791 plant survey prepared under s. 1013.31; or
1792 (b) If either party delays by more than 12 months the
1793 construction of a capital improvement identified in the
1794 agreement.
1795 (6)(7) This section does not prohibit a local governing
1796 body and the board of trustees from agreeing and establishing an
1797 alternative process for reviewing proposed expansions to the
1798 school’s campus and offsite impacts, under the interlocal
1799 agreement adopted in accordance with subsections (2)-(5) (2)
1800 (6).
1801 (7)(8) School facilities within the geographic area or the
1802 campus of the school as it existed on or before January 1, 1998,
1803 are consistent with the local government’s comprehensive plan
1804 developed under part II of chapter 163 and consistent with the
1805 plan’s implementing land development regulations.
1806 (8)(9) To improve coordination relative to potential
1807 educational facility sites, the board of trustees shall provide
1808 written notice to the local governments consistent with the
1809 interlocal agreements entered under subsections (2)-(5) (2)-(6)
1810 at least 60 days before the board of trustees acquires any
1811 additional property. The local government shall notify the board
1812 of trustees no later than 45 days after receipt of this notice
1813 if the site proposed for acquisition is consistent with the land
1814 use categories and policies of the local government’s
1815 comprehensive plan. This preliminary notice does not constitute
1816 the local government’s determination of consistency under
1817 subsection (9) (10).
1818 (9)(10) As early in the design phase as feasible, but no
1819 later than 90 days before commencing construction, the board of
1820 trustees shall request in writing a determination of consistency
1821 with the local government’s comprehensive plan and local
1822 development regulations for the proposed use of any property
1823 acquired by the board of trustees on or after January 1, 1998.
1824 The local governing body that regulates the use of land shall
1825 determine, in writing, no later than 45 days after receiving the
1826 necessary information and a school board’s request for a
1827 determination, whether a proposed use of the property is
1828 consistent with the local comprehensive plan and consistent with
1829 local land development regulations. If the local governing body
1830 determines the proposed use is consistent, construction may
1831 commence and additional local government approvals are not
1832 required, except as provided in this section. Failure of the
1833 local governing body to make a determination in writing within
1834 90 days after receiving the board of trustees’ request for a
1835 determination of consistency shall be considered an approval of
1836 the board of trustees’ application. This subsection does not
1837 apply to facilities to be located on the property if a contract
1838 for construction of the facilities was entered on or before the
1839 effective date of this act.
1840 (10)(11) Disputes that arise in the implementation of an
1841 executed interlocal agreement or in the determinations required
1842 pursuant to subsection (8) (9) or subsection (9) (10) must be
1843 resolved in accordance with chapter 164.
1844 Section 22. Subsection (6) of section 1013.36, Florida
1845 Statutes, is amended to read:
1846 1013.36 Site planning and selection.—
1847 (6) If the school board and local government have entered
1848 into an interlocal agreement pursuant to s. 1013.33(2) and
1849 either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
1850 process to ensure consistency between the local government
1851 comprehensive plan and the school district educational
1852 facilities plan, site planning and selection must be consistent
1853 with the interlocal agreements and the plans.
1854 Section 23. This act shall take effect upon becoming a law.
