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Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 474

884758

CA.CA.05749

Proposed Committee Substitute by the Committee on Community

Affairs

1

A bill to be entitled

2

An act relating to growth management; renumbering and

3

amending s. 125.379, F.S.; requiring counties to certify

4

that they have prepared a list of county-owned property

5

appropriate for affordable housing before obtaining

6

certain funding; amending s. 163.3174, F.S.; prohibiting

7

the members of the local governing body from serving on

8

the local planning agency; amending s. 163.3177, F.S.;

9

including a provision encouraging rural counties to adopt

10

a rural sub-element as part of their future land use plan;

11

requiring local governments near certain environmentally

12

sensitive areas relating to the Everglades ecosystem to

13

amend their comprehensive plans by a certain date;

14

requiring certain counties to certify that they have

15

adopted a plan for ensuring affordable workforce housing

16

before obtaining certain funding; requiring the housing

17

element of the comprehensive plan to include a provision

18

addressing senior affordable housing; authorizing the

19

state land planning agency to amend administrative rules

20

relating to planning criteria to allow for varying local

21

conditions; deleting provisions encouraging local

22

governments to develop a community vision and to designate

23

an urban service boundary; amending s. 163.31771, F.S.;

24

requiring a local government to amend its comprehensive

25

plan to allow accessory dwelling units in an area zoned

26

for single-family residential use; prohibiting such units

27

from being treated as new units if there is a land use

28

restriction agreement that restricts use to affordable

29

housing; prohibiting accessory dwelling units from being

30

located on certain land; amending s. 163.3178, F.S.;

31

revising provisions relating to coastal management and

32

coastal high-hazard areas; providing factors for

33

demonstrating the compliance of a comprehensive plan

34

amendment with rule provisions relating to coastal areas;

35

amending s. 163.3180, F.S.; revising concurrency

36

requirements; specifying municipal projects that are

37

eligible for transportation concurrency exception areas;

38

revising provisions relating to the Strategic Intermodal

39

System; deleting a requirement for local governments to

40

annually submit a summary of de minimus records;

41

authorizing a methodology based on vehicle and miles

42

traveled for calculating proportionate fair-share

43

methodology; providing transportation concurrency

44

incentives for private developers; deleting an exemption

45

from transportation concurrency provided to certain

46

workforce housing; providing for recommendations for the

47

establishment of a uniform mobility fee methodology to

48

replace the current transportation concurrency management

49

system; amending s. 163.3181, F.S.; requiring an applicant

50

for a future land use map amendment to hold community or

51

neighborhood meetings before filing the application for

52

and the hearing on the amendment; amending s. 163.3184,

53

F.S.; revising the timeframe for a local government to

54

adopt comprehensive plan amendments; providing that if the

55

amendment is not adopted it may not be considered again

56

until the next amendment cycle; requiring a material

57

change to the comprehensive plan or amendment to be filed

58

and made available to the public within a certain

59

timeframe; providing for submission of electronic

60

addresses; deleting provision relating to community vision

61

and urban boundary amendments to conform to changes made

62

by the act; amending s. 163.3187, F.S.; revising the

63

governing body voting requirements for passage of certain

64

comprehensive plan amendments; revising how often certain

65

plan amendments may be proposed; revising when small scale

66

development amendments become effective; amending s.

67

163.3245, F.S.; revising provisions relating to optional

68

sector plans; authorizing all local government to adopt

69

optional sector plans into their comprehensive plan;

70

increasing the size of the area to which sector plans

71

apply; deleting certain restrictions on a local government

72

upon entering into sector plans; deleting an annual

73

monitoring report submitted by a host local government

74

that has adopted a sector plan and a status report

75

submitted by the department on optional sector plans;

76

amending s. 163.3246, F.S.; discontinuing the Local

77

Government Comprehensive Planning Certification Program

78

except for currently certified local governments; creating

79

s. 163.32461, F.S.; providing expedited affordable housing

80

growth strategies; providing legislative intent; providing

81

definitions; providing an optional expedited review for

82

future land use map amendments; providing procedures for

83

such review; providing for the expedited review of

84

subdivision, site plans, and building permits; providing

85

for density bonuses for certain land use; amending s.

86

163.32465, F.S.; revising provisions relating to the state

87

review of comprehensive plans; providing additional types

88

of amendments to which the alternative state review

89

applies; renumbering and amending s. 166.0451, F.S.;

90

requiring municipalities to certify that they have

91

prepared a list of county-owned property appropriate for

92

affordable housing before obtaining certain funding;

93

amending s. 1002.33, F.S.; restricting facilities from

94

providing space to charter schools unless such use is

95

consistent with the local comprehensive plan; amending ss.

96

163.32465, 288.975, and 380.06, F.S.; conforming cross-

97

references; repealing s. 339.282, F.S., relating to

98

transportation concurrency incentives; repealing s.

99

420.615, F.S., relating to affordable housing land

100

donation density bonus incentives; providing an effective

101

date.

102

103

Be It Enacted by the Legislature of the State of Florida:

104

105

     Section 1.  Section 125.379, Florida Statutes, is renumbered

106

as section 163.32431, Florida Statutes, and amended to read:

107

     163.32431 125.379 Disposition of county property for

108

affordable housing.--

109

     (1)  By July 1, 2007, and every 3 years thereafter, each

110

county shall prepare an inventory list of all real property

111

within its jurisdiction to which the county holds fee simple

112

title that is appropriate for use as affordable housing. The

113

inventory list must include the address and legal description of

114

each such real property and specify whether the property is

115

vacant or improved. The governing body of the county must review

116

the inventory list at a public hearing and may revise it at the

117

conclusion of the public hearing. The governing body of the

118

county shall adopt a resolution that includes an inventory list

119

of the such property following the public hearing.

120

     (2)  The properties identified as appropriate for use as

121

affordable housing on the inventory list adopted by the county

122

may be offered for sale and the proceeds used to purchase land

123

for the development of affordable housing or to increase the

124

local government fund earmarked for affordable housing, or may be

125

sold with a restriction that requires the development of the

126

property as permanent affordable housing, or may be donated to a

127

nonprofit housing organization for the construction of permanent

128

affordable housing. Alternatively, the county may otherwise make

129

the property available for use for the production and

130

preservation of permanent affordable housing. For purposes of

131

this section, the term "affordable" has the same meaning as in s.

132

420.0004(3).

133

     (3) As a precondition to receiving any state affordable

134

housing funding or allocation for any project or program within a

135

county's jurisdiction, a county must, by July 1 of each year,

136

provide certification that the inventory and any update required

137

by this section are complete.

138

     Section 2.  Subsection (1) of section 163.3174, Florida

139

Statutes, is amended to read:

140

     163.3174  Local planning agency.--

141

     (1)  The governing body of each local government,

142

individually or in combination as provided in s. 163.3171, shall

143

designate and by ordinance establish a "local planning agency,"

144

unless the agency is otherwise established by law.

145

Notwithstanding any special act to the contrary, all local

146

planning agencies or equivalent agencies that first review

147

rezoning and comprehensive plan amendments in each municipality

148

and county shall include a representative of the school district

149

appointed by the school board as a nonvoting member of the local

150

planning agency or equivalent agency to attend those meetings at

151

which the agency considers comprehensive plan amendments and

152

rezonings that would, if approved, increase residential density

153

on the property that is the subject of the application. However,

154

this subsection does not prevent the governing body of the local

155

government from granting voting status to the school board

156

member. Members of the local governing body may not serve on

157

designate itself as the local planning agency pursuant to this

158

subsection with the addition of a nonvoting school board

159

representative. The local governing body shall notify the state

160

land planning agency of the establishment of its local planning

161

agency. All local planning agencies shall provide opportunities

162

for involvement by applicable community college boards, which may

163

be accomplished by formal representation, membership on technical

164

advisory committees, or other appropriate means. The local

165

planning agency shall prepare the comprehensive plan or plan

166

amendment after hearings to be held after public notice and shall

167

make recommendations to the local governing body regarding the

168

adoption or amendment of the plan. The local planning agency may

169

be a local planning commission, the planning department of the

170

local government, or other instrumentality, including a

171

countywide planning entity established by special act or a

172

council of local government officials created pursuant to s.

173

163.02, provided the composition of the council is fairly

174

representative of all the governing bodies in the county or

175

planning area; however:

176

     (a) If a joint planning entity was is in existence on July

177

1, 1975 the effective date of this act which authorizes the

178

governing bodies to adopt and enforce a land use plan effective

179

throughout the joint planning area, that entity shall be the

180

agency for those local governments until such time as the

181

authority of the joint planning entity is modified by law.

182

     (b)  In the case of chartered counties, the planning

183

responsibility between the county and the several municipalities

184

therein shall be as stipulated in the charter.

185

     Section 3.  Paragraphs (a), (d), and (f) of subsection (6),

186

paragraph (i) of subsection (10), and subsections (13) and (14)

187

of section 163.3177, Florida Statutes, are amended to read:

188

     163.3177  Required and optional elements of comprehensive

189

plan; studies and surveys.--

190

     (6)  In addition to the requirements of subsections (1)-(5)

191

and (12), the comprehensive plan shall include the following

192

elements:

193

     (a)  A future land use plan element designating proposed

194

future general distribution, location, and extent of the uses of

195

land for residential uses, commercial uses, industry,

196

agriculture, recreation, conservation, education, public

197

buildings and grounds, other public facilities, and other

198

categories of the public and private uses of land. Counties are

199

encouraged to designate rural land stewardship areas, pursuant to

200

the provisions of paragraph (11)(d), as overlays on the future

201

land use map.

202

     1. Each future land use category must be defined in terms

203

of uses included, and must include standards for to be followed

204

in the control and distribution of population densities and

205

building and structure intensities. The proposed distribution,

206

location, and extent of the various categories of land use shall

207

be shown on a land use map or map series which shall be

208

supplemented by goals, policies, and measurable objectives.

209

     2. The future land use plan shall be based upon surveys,

210

studies, and data regarding the area, including the amount of

211

land required to accommodate anticipated growth; the projected

212

population of the area; the character of undeveloped land; the

213

availability of water supplies, public facilities, and services;

214

the need for redevelopment, including the renewal of blighted

215

areas and the elimination of nonconforming uses which are

216

inconsistent with the character of the community; the

217

compatibility of uses on lands adjacent to or closely proximate

218

to military installations; the discouragement of urban sprawl;

219

energy efficient land use patterns; and, in rural communities,

220

the need for job creation, capital investment, and economic

221

development that will strengthen and diversify the community's

222

economy.

223

     3. The future land use plan may designate areas for future

224

planned development use involving combinations of types of uses

225

for which special regulations may be necessary to ensure

226

development in accord with the principles and standards of the

227

comprehensive plan and this act.

228

     4. The future land use plan element shall include criteria

229

to be used to achieve the compatibility of adjacent or closely

230

proximate lands with military installations.

231

     5. Counties are encouraged to adopt a rural sub-element as

232

a part of the future land use plan. The sub-element shall apply

233

to all lands classified in the future land use plan as

234

predominantly agricultural, rural, open, open-rural, or a

235

substantively equivalent land use. The rural sub-element shall

236

include goals, objectives, and policies that enhance rural

237

economies, promote the viability of agriculture, provide for

238

appropriate economic development, discourage urban sprawl, and

239

ensure the protection of natural resources. The rural sub-element

240

shall generally identify anticipated areas of rural,

241

agricultural, and conservation areas that may be considered for

242

conversion to urban land use and appropriate sites for affordable

243

housing. The rural sub-element shall also generally identify

244

areas that may be considered for rural land stewardship areas,

245

sector planning, or new communities or towns in accordance with

246

ss. 163.3177(11) and 163.3245(2). In addition, For rural

247

communities, the amount of land designated for future planned

248

industrial use shall be based upon surveys and studies that

249

reflect the need for job creation, capital investment, and the

250

necessity to strengthen and diversify the local economies, and

251

may shall not be limited solely by the projected population of

252

the rural community.

253

     6. The future land use plan of a county may also designate

254

areas for possible future municipal incorporation.

255

     7. The land use maps or map series shall generally identify

256

and depict historic district boundaries and shall designate

257

historically significant properties meriting protection.

258

     8. For coastal counties, the future land use plan element

259

must include, without limitation, regulatory incentives and

260

criteria that encourage the preservation of recreational and

261

commercial working waterfronts as defined in s. 342.07.

262

     9. The future land use plan element must clearly identify

263

the land use categories in which public schools are an allowable

264

use. When delineating such the land use categories in which

265

public schools are an allowable use, a local government shall

266

include in the categories sufficient land proximate to

267

residential development to meet the projected needs for schools

268

in coordination with public school boards and may establish

269

differing criteria for schools of different type or size. Each

270

local government shall include lands contiguous to existing

271

school sites, to the maximum extent possible, within the land use

272

categories in which public schools are an allowable use. The

273

failure by a local government to comply with these school siting

274

requirements will result in the prohibition of The local

275

government may not government's ability to amend the local

276

comprehensive plan, except for plan amendments described in s.

277

163.3187(1)(b), until the school siting requirements are met.

278

Amendments proposed by a local government for purposes of

279

identifying the land use categories in which public schools are

280

an allowable use are exempt from the limitation on the frequency

281

of plan amendments provided contained in s. 163.3187. The future

282

land use plan element shall include criteria that encourage the

283

location of schools proximate to urban residential areas to the

284

extent possible and shall require that the local government seek

285

to collocate public facilities, such as parks, libraries, and

286

community centers, with schools to the extent possible and to

287

encourage the use of elementary schools as focal points for

288

neighborhoods. For schools serving predominantly rural counties,

289

defined as a county having with a population of 100,000 or fewer,

290

an agricultural land use category is shall be eligible for the

291

location of public school facilities if the local comprehensive

292

plan contains school siting criteria and the location is

293

consistent with such criteria. Local governments required to

294

update or amend their comprehensive plan to include criteria and

295

address compatibility of adjacent or closely proximate lands with

296

existing military installations in their future land use plan

297

element shall transmit the update or amendment to the department

298

by June 30, 2006.

299

     (d)  A conservation element for the conservation, use, and

300

protection of natural resources in the area, including air,

301

water, water recharge areas, wetlands, waterwells, estuarine

302

marshes, soils, beaches, shores, flood plains, rivers, bays,

303

lakes, harbors, forests, fisheries and wildlife, marine habitat,

304

minerals, and other natural and environmental resources. Local

305

governments shall assess their current, as well as projected,

306

water needs and sources for at least a 10-year period,

307

considering the appropriate regional water supply plan approved

308

pursuant to s. 373.0361, or, in the absence of an approved

309

regional water supply plan, the district water management plan

310

approved pursuant to s. 373.036(2). This information shall be

311

submitted to the appropriate agencies.

312

     1. The land use map or map series contained in the future

313

land use element must comply with applicable state law and rules

314

and shall generally identify and depict the following:

315

     a.1. Existing and planned waterwells and cones of influence

316

where applicable.

317

     b.2. Beaches and shores, including estuarine systems.

318

     c.3. Rivers, bays, lakes, flood plains, and harbors.

319

     d.4. Wetlands.

320

     e 5. Minerals and soils.

321

322

The land uses identified on such maps shall be consistent with

323

applicable state law and rules.

324

     2. By December 31, 2009, local governments lying in whole

325

or in part, within or adjacent to the Everglades Protection Area

326

as described in s. 373.4592; within the Lake Okeechobee

327

watershed, the Caloosahatchee River watershed, or the St. Lucie

328

River watershed as those areas are described in s. 373.4595; or

329

within the Kissimmee River basin watershed shall amend their

330

comprehensive plans to adopt goals, objectives, and policies that

331

further the restoration and protection of the Everglades

332

ecosystem. The amendments must be supported by an analysis

333

demonstrating consistency with the Everglades Forever Act, the

334

Northern Everglades and Estuaries Protection Program, and the

335

Comprehensive Everglades Restoration Plan.

336

     (f)1.  A housing element consisting of standards, plans, and

337

principles to be followed in:

338

     a.  The provision of housing for all current and anticipated

339

future residents of the jurisdiction.

340

     b.  The elimination of substandard dwelling conditions.

341

     c.  The structural and aesthetic improvement of existing

342

housing.

343

     d.  The provision of adequate sites for future housing,

344

including affordable workforce housing as defined in s.

345

380.0651(3)(j), housing for low-income, very low-income, and

346

moderate-income families, mobile homes, and group home facilities

347

and foster care facilities, with supporting infrastructure and

348

public facilities. This includes compliance with the applicable

349

public lands provision under s. 163.32431 or s. 163.32432.

350

     e.  Provision for relocation housing and identification of

351

historically significant and other housing for purposes of

352

conservation, rehabilitation, or replacement.

353

     f.  The formulation of housing implementation programs.

354

     g.  The creation or preservation of affordable housing to

355

minimize the need for additional local services and avoid the

356

concentration of affordable housing units only in specific areas

357

of the jurisdiction.

358

     (I)h. By July 1, 2008, each county in which the gap between

359

the buying power of a family of four and the median county home

360

sale price exceeds $170,000, as determined by the Florida Housing

361

Finance Corporation, and which is not designated as an area of

362

critical state concern shall adopt a plan for ensuring affordable

363

workforce housing. At a minimum, the plan shall identify adequate

364

sites for such housing. For purposes of this sub-subparagraph,

365

the term "workforce housing" means housing that is affordable to

366

natural persons or families whose total household income does not

367

exceed 140 percent of the area median income, adjusted for

368

household size.

369

     (II)i. As a precondition to receiving any state affordable

370

housing funding or allocation for any project or program within

371

the jurisdiction of a county that is subject to sub-sub-

372

subparagraph (I), a county must, by July 1 of each year, provide

373

certification that the county has complied with the requirements

374

of sub-sub-subparagraph (I). Failure by a local government to

375

comply with the requirement in sub-subparagraph h. will result in

376

the local government being ineligible to receive any state

377

housing assistance grants until the requirement of sub-

378

subparagraph h. is met.

379

     h. The provision of senior affordable housing that has

380

supporting infrastructure and public facilities.

381

     2. The goals, objectives, and policies of the housing

382

element must be based on the data and analysis prepared on

383

housing needs, including the affordable housing needs assessment.

384

State and federal housing plans prepared on behalf of the local

385

government must be consistent with the goals, objectives, and

386

policies of the housing element. Local governments are encouraged

387

to use utilize job training, job creation, and economic solutions

388

to address a portion of their affordable housing concerns.

389

     3.2. To assist local governments in housing data collection

390

and analysis and assure uniform and consistent information

391

regarding the state's housing needs, the state land planning

392

agency shall conduct an affordable housing needs assessment for

393

all local jurisdictions on a schedule that coordinates the

394

implementation of the needs assessment with the evaluation and

395

appraisal reports required by s. 163.3191. Each local government

396

shall use utilize the data and analysis from the needs assessment

397

as one basis for the housing element of its local comprehensive

398

plan. The agency shall allow a local government the option to

399

perform its own needs assessment, if it uses the methodology

400

established by the agency by rule.

401

     (10)  The Legislature recognizes the importance and

402

significance of chapter 9J-5, Florida Administrative Code, the

403

Minimum Criteria for Review of Local Government Comprehensive

404

Plans and Determination of Compliance of the Department of

405

Community Affairs that will be used to determine compliance of

406

local comprehensive plans. The Legislature reserved unto itself

407

the right to review chapter 9J-5, Florida Administrative Code,

408

and to reject, modify, or take no action relative to this rule.

409

Therefore, pursuant to subsection (9), the Legislature hereby has

410

reviewed chapter 9J-5, Florida Administrative Code, and expresses

411

the following legislative intent:

412

     (i) The Legislature recognizes that due to varying local

413

conditions, local governments have different planning needs that

414

cannot be addressed by one uniform set of minimum planning

415

criteria. Therefore, the state land planning agency may amend

416

chapter 9J-5, Florida Administrative Code, to establish different

417

minimum criteria that are applicable to local governments based

418

on the following factors:

419

     1. Current and projected population.

420

     2. Size of the local jurisdiction.

421

     3. Amount and nature of undeveloped land.

422

     4. The scale of public services provided by the local

423

government.

424

425

The state land planning agency department shall take into account

426

the factors delineated in rule 9J-5.002(2), Florida

427

Administrative Code, as it provides assistance to local

428

governments and applies the rule in specific situations with

429

regard to the detail of the data and analysis required.

430

     (13) Local governments are encouraged to develop a

431

community vision that provides for sustainable growth, recognizes

432

its fiscal constraints, and protects its natural resources. At

433

the request of a local government, the applicable regional

434

planning council shall provide assistance in the development of a

435

community vision.

436

     (a) As part of the process of developing a community vision

437

under this section, the local government must hold two public

438

meetings with at least one of those meetings before the local

439

planning agency. Before those public meetings, the local

440

government must hold at least one public workshop with

441

stakeholder groups such as neighborhood associations, community

442

organizations, businesses, private property owners, housing and

443

development interests, and environmental organizations.

444

     (b) The local government must, at a minimum, discuss five

445

of the following topics as part of the workshops and public

446

meetings required under paragraph (a):

447

     1. Future growth in the area using population forecasts

448

from the Bureau of Economic and Business Research;

449

     2. Priorities for economic development;

450

     3. Preservation of open space, environmentally sensitive

451

lands, and agricultural lands;

452

     4. Appropriate areas and standards for mixed-use

453

development;

454

     5. Appropriate areas and standards for high-density

455

commercial and residential development;

456

     6. Appropriate areas and standards for economic development

457

opportunities and employment centers;

458

     7. Provisions for adequate workforce housing;

459

     8. An efficient, interconnected multimodal transportation

460

system; and

461

     9. Opportunities to create land use patterns that

462

accommodate the issues listed in subparagraphs 1.-8.

463

     (c) As part of the workshops and public meetings, the local

464

government must discuss strategies for addressing the topics

465

discussed under paragraph (b), including:

466

     1. Strategies to preserve open space and environmentally

467

sensitive lands, and to encourage a healthy agricultural economy,

468

including innovative planning and development strategies, such as

469

the transfer of development rights;

470

     2. Incentives for mixed-use development, including

471

increased height and intensity standards for buildings that

472

provide residential use in combination with office or commercial

473

space;

474

     3. Incentives for workforce housing;

475

     4. Designation of an urban service boundary pursuant to

476

subsection (2); and

477

     5. Strategies to provide mobility within the community and

478

to protect the Strategic Intermodal System, including the

479

development of a transportation corridor management plan under s.

480

337.273.

481

     (d) The community vision must reflect the community's

482

shared concept for growth and development of the community,

483

including visual representations depicting the desired land use

484

patterns and character of the community during a 10-year planning

485

timeframe. The community vision must also take into consideration

486

economic viability of the vision and private property interests.

487

     (e) After the workshops and public meetings required under

488

paragraph (a) are held, the local government may amend its

489

comprehensive plan to include the community vision as a component

490

in the plan. This plan amendment must be transmitted and adopted

491

pursuant to the procedures in ss. 163.3184 and 163.3189 at public

492

hearings of the governing body other than those identified in

493

paragraph (a).

494

     (f) Amendments submitted under this subsection are exempt

495

from the limitation on the frequency of plan amendments in s.

496

163.3187.

497

     (g) A local government that has developed a community

498

vision or completed a visioning process after July 1, 2000, and

499

before July 1, 2005, which substantially accomplishes the goals

500

set forth in this subsection and the appropriate goals, policies,

501

or objectives have been adopted as part of the comprehensive plan

502

or reflected in subsequently adopted land development regulations

503

and the plan amendment incorporating the community vision as a

504

component has been found in compliance is eligible for the

505

incentives in s. 163.3184(17).

506

     (14) Local governments are also encouraged to designate an

507

urban service boundary. This area must be appropriate for

508

compact, contiguous urban development within a 10-year planning

509

timeframe. The urban service area boundary must be identified on

510

the future land use map or map series. The local government shall

511

demonstrate that the land included within the urban service

512

boundary is served or is planned to be served with adequate

513

public facilities and services based on the local government's

514

adopted level-of-service standards by adopting a 10-year

515

facilities plan in the capital improvements element which is

516

financially feasible. The local government shall demonstrate that

517

the amount of land within the urban service boundary does not

518

exceed the amount of land needed to accommodate the projected

519

population growth at densities consistent with the adopted

520

comprehensive plan within the 10-year planning timeframe.

521

     (a) As part of the process of establishing an urban service

522

boundary, the local government must hold two public meetings with

523

at least one of those meetings before the local planning agency.

524

Before those public meetings, the local government must hold at

525

least one public workshop with stakeholder groups such as

526

neighborhood associations, community organizations, businesses,

527

private property owners, housing and development interests, and

528

environmental organizations.

529

     (b)1. After the workshops and public meetings required

530

under paragraph (a) are held, the local government may amend its

531

comprehensive plan to include the urban service boundary. This

532

plan amendment must be transmitted and adopted pursuant to the

533

procedures in ss. 163.3184 and 163.3189 at meetings of the

534

governing body other than those required under paragraph (a).

535

     2. This subsection does not prohibit new development

536

outside an urban service boundary. However, a local government

537

that establishes an urban service boundary under this subsection

538

is encouraged to require a full-cost-accounting analysis for any

539

new development outside the boundary and to consider the results

540

of that analysis when adopting a plan amendment for property

541

outside the established urban service boundary.

542

     (c) Amendments submitted under this subsection are exempt

543

from the limitation on the frequency of plan amendments in s.

544

163.3187.

545

     (d) A local government that has adopted an urban service

546

boundary before July 1, 2005, which substantially accomplishes

547

the goals set forth in this subsection is not required to comply

548

with paragraph (a) or subparagraph 1. of paragraph (b) in order

549

to be eligible for the incentives under s. 163.3184(17). In order

550

to satisfy the provisions of this paragraph, the local government

551

must secure a determination from the state land planning agency

552

that the urban service boundary adopted before July 1, 2005,

553

substantially complies with the criteria of this subsection,

554

based on data and analysis submitted by the local government to

555

support this determination. The determination by the state land

556

planning agency is not subject to administrative challenge.

557

     Section 4.  Subsections (3), (4), (5), and (6) of section

558

163.31771, Florida Statutes, are amended to read:

559

     163.31771  Accessory dwelling units.--

560

     (3)  Upon a finding by a local government that there is a

561

shortage of affordable rentals within its jurisdiction, the local

562

government may amend its comprehensive plan adopt an ordinance to

563

allow accessory dwelling units in any area zoned for single-

564

family residential use.

565

     (4) If the local government amends its comprehensive plan

566

pursuant to adopts an ordinance under this section, an

567

application for a building permit to construct an accessory

568

dwelling unit must include an affidavit from the applicant which

569

attests that the unit will be rented at an affordable rate to an

570

extremely-low-income, very-low-income, low-income, or moderate-

571

income person or persons.

572

     (5) Each accessory dwelling unit allowed by the

573

comprehensive plan an ordinance adopted under this section shall

574

apply toward satisfying the affordable housing component of the

575

housing element in the local government's comprehensive plan

576

under s. 163.3177(6)(f), and if such unit is subject to a

577

recorded land use restriction agreement restricting its use to

578

affordable housing, the unit may not be treated as a new unit for

579

purposes of transportation concurrency or impact fees. Accessory

580

dwelling units may not be located on land within a coastal high-

581

hazard area, an area of critical state concern, or on lands

582

identified as environmentally sensitive in the local

583

comprehensive plan.

584

     (6) The Department of Community Affairs shall evaluate the

585

effectiveness of using accessory dwelling units to address a

586

local government's shortage of affordable housing and report to

587

the Legislature by January 1, 2007. The report must specify the

588

number of ordinances adopted by a local government under this

589

section and the number of accessory dwelling units that were

590

created under these ordinances.

591

     Section 5.  Paragraph (h) of subsection (2) and subsection

592

(9) of section 163.3178, Florida Statutes, are amended to read:

593

     163.3178  Coastal management.--

594

     (2)  Each coastal management element required by s.

595

163.3177(6)(g) shall be based on studies, surveys, and data; be

596

consistent with coastal resource plans prepared and adopted

597

pursuant to general or special law; and contain:

598

     (h)  Designation of coastal high-hazard areas and the

599

criteria for mitigation for a comprehensive plan amendment in a

600

coastal high-hazard area as provided defined in subsection (9).

601

The coastal high-hazard area is the area seaward of below the

602

elevation of the category 1 storm surge line as established by a

603

Sea, Lake, and Overland Surges from Hurricanes (SLOSH)

604

computerized storm surge model. It includes all lands within the

605

area, regardless of elevation, from the mean low-water line to

606

the inland extent of the category 1 storm surge area. It is

607

depicted by, but not limited to, the areas illustrated in the

608

most current SLOSH Storm Surge Atlas. Application of mitigation

609

and the application of development and redevelopment policies,

610

pursuant to s. 380.27(2), and any adopted rules adopted

611

thereunder, are shall be at the discretion of the local

612

government.

613

     (9)(a) Local governments may elect to comply with state

614

coastal high-hazard provisions pursuant to rule 9J-5.012(3)(b)6.

615

and 7., Florida Administrative Code, through the process provided

616

in this section.

617

     (a) A proposed comprehensive plan amendment is shall be

618

found in compliance with state coastal high-hazard provisions

619

pursuant to rule 9J-5.012(3)(b)6. and 7., Florida Administrative

620

Code, if:

621

     1. The area subject to the amendment is not:

622

     a. Within a designated area of critical state concern;

623

     b. Inclusive of areas within the FEMA velocity zones;

624

     c. Subject to coastal erosion;

625

     d. Seaward of the coastal construction control line; or

626

     e. Subject to repetitive damage from coastal storms and

627

floods.

628

     2. The local government has adopted the following as a part

629

of its comprehensive plan:

630

     a. Hazard mitigation strategies that reduce, replace, or

631

eliminate unsafe structures and properties subject to repetitive

632

losses from coastal storms or floods.

633

     b. Measures that reduce exposure to hazards including:

634

     (I) Relocation;

635

     (II) Structural modifications of threatened infrastructure;

636

     (III) Provisions for operational or capacity improvements

637

to maintain hurricane evacuation clearance times within

638

established limits; and

639

     (IV) Prohibiting public expenditures for capital

640

improvements that subsidize increased densities and intensities

641

of development within the coastal high-hazard area.

642

     c. A post disaster redevelopment plan.

643

     3.a. The adopted level of service for out-of-county

644

hurricane evacuation clearance time is maintained for a category

645

5 storm event as measured on the Saffir-Simpson scale and the

646

adopted out-of-county hurricane evacuation clearance time does

647

not exceed 16 hours and is based upon the time necessary to reach

648

shelter space;

649

     b.2. A 12-hour evacuation time to shelter is maintained for

650

a category 5 storm event as measured on the Saffir-Simpson scale

651

and shelter space reasonably expected to accommodate the

652

residents of the development contemplated by a proposed

653

comprehensive plan amendment is available; or

654

     c.3. Appropriate mitigation is provided to ensure that the

655

requirements of sub-subparagraph a. or sub-subparagraph b. are

656

achieved. will satisfy the provisions of subparagraph 1. or

657

subparagraph 2. Appropriate mitigation shall include, without

658

limitation, payment of money, contribution of land, and

659

construction of hurricane shelters and transportation facilities.

660

Required mitigation may shall not exceed the amount required for

661

a developer to accommodate impacts reasonably attributable to

662

development. A local government and a developer shall enter into

663

a binding agreement to establish memorialize the mitigation plan.

664

The executed agreement must be submitted along with the adopted

665

plan amendment.

666

     (b)  For those local governments that have not established a

667

level of service for out-of-county hurricane evacuation by July

668

1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,

669

Florida Administrative Code, by following the process in

670

paragraph (a), the level of service may not exceed shall be no

671

greater than 16 hours for a category 5 storm event as measured on

672

the Saffir-Simpson scale based upon the time necessary to reach

673

shelter space.

674

     (c) This subsection applies shall become effective

675

immediately and shall apply to all local governments. By No later

676

than July 1, 2009 2008, local governments shall amend their

677

future land use map and coastal management element to include the

678

new definition of coastal high-hazard area provided in paragraph

679

(2)(h) and to depict the coastal high-hazard area on the future

680

land use map.

681

     Section 6.  Section 163.3180, Florida Statutes, is amended

682

to read:

683

     163.3180  Concurrency.--

684

     (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.--

685

     (a) Public facility types.--Sanitary sewer, solid waste,

686

drainage, potable water, parks and recreation, schools, and

687

transportation facilities, including mass transit, where

688

applicable, are the only public facilities and services subject

689

to the concurrency requirement on a statewide basis. Additional

690

public facilities and services may not be made subject to

691

concurrency on a statewide basis without appropriate study and

692

approval by the Legislature; however, any local government may

693

extend the concurrency requirement so that it applies to apply to

694

additional public facilities within its jurisdiction.

695

     (b) Transportation methodologies.--Local governments shall

696

use professionally accepted techniques for measuring level of

697

service for automobiles, bicycles, pedestrians, transit, and

698

trucks. These techniques may be used to evaluate increased

699

accessibility by multiple modes and reductions in vehicle miles

700

of travel in an area or zone. The state land planning agency and

701

the Department of Transportation shall develop methodologies to

702

assist local governments in implementing this multimodal level-

703

of-service analysis and. The Department of Community Affairs and

704

the Department of Transportation shall provide technical

705

assistance to local governments in applying the these

706

methodologies.

707

     (2) PUBLIC FACILITY AVAILABILITY STANDARDS.--

708

     (a) Sanitary sewer, solid waste, drainage, adequate water

709

supply, and potable water facilities.--Consistent with public

710

health and safety, sanitary sewer, solid waste, drainage,

711

adequate water supplies, and potable water facilities shall be in

712

place and available to serve new development no later than the

713

issuance by the local government of a certificate of occupancy or

714

its functional equivalent. Prior to approval of a building permit

715

or its functional equivalent, the local government shall consult

716

with the applicable water supplier to determine whether adequate

717

water supplies to serve the new development will be available by

718

no later than the anticipated date of issuance by the local

719

government of the a certificate of occupancy or its functional

720

equivalent. A local government may meet the concurrency

721

requirement for sanitary sewer through the use of onsite sewage

722

treatment and disposal systems approved by the Department of

723

Health to serve new development.

724

     (b) Parks and recreation facilities.--Consistent with the

725

public welfare, and except as otherwise provided in this section,

726

parks and recreation facilities to serve new development shall be

727

in place or under actual construction within no later than 1 year

728

after issuance by the local government of a certificate of

729

occupancy or its functional equivalent. However, the acreage for

730

such facilities must shall be dedicated or be acquired by the

731

local government prior to issuance by the local government of the

732

a certificate of occupancy or its functional equivalent, or funds

733

in the amount of the developer's fair share shall be committed no

734

later than the local government's approval to commence

735

construction.

736

     (c) Transportation facilities.--Consistent with the public

737

welfare, and except as otherwise provided in this section,

738

transportation facilities needed to serve new development must

739

shall be in place or under actual construction within 3 years

740

after the local government approves a building permit or its

741

functional equivalent that results in traffic generation.

742

     (3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.--Governmental

743

entities that are not responsible for providing, financing,

744

operating, or regulating public facilities needed to serve

745

development may not establish binding level-of-service standards

746

on governmental entities that do bear those responsibilities.

747

This subsection does not limit the authority of any agency to

748

recommend or make objections, recommendations, comments, or

749

determinations during reviews conducted under s. 163.3184.

750

     (4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.--

751

     (a) State and other public facilities.--The concurrency

752

requirement as implemented in local comprehensive plans applies

753

to state and other public facilities and development to the same

754

extent that it applies to all other facilities and development,

755

as provided by law.

756

     (b) Public transit facilities.--The concurrency requirement

757

as implemented in local comprehensive plans does not apply to

758

public transit facilities. For the purposes of this paragraph,

759

public transit facilities include transit stations and terminals;

760

transit station parking; park-and-ride lots; intermodal public

761

transit connection or transfer facilities; fixed bus, guideway,

762

and rail stations; and airport passenger terminals and

763

concourses, air cargo facilities, and hangars for the maintenance

764

or storage of aircraft. As used in this paragraph, the terms

765

"terminals" and "transit facilities" do not include seaports or

766

commercial or residential development constructed in conjunction

767

with a public transit facility.

768

     (c) Infill and redevelopment areas.--The concurrency

769

requirement, except as it relates to transportation facilities

770

and public schools, as implemented in local government

771

comprehensive plans, may be waived by a local government for

772

urban infill and redevelopment areas designated pursuant to s.

773

163.2517 if such a waiver does not endanger public health or

774

safety as defined by the local government in its local government

775

comprehensive plan. The waiver must shall be adopted as a plan

776

amendment pursuant to the process set forth in s. 163.3187(3)(a).

777

A local government may grant a concurrency exception pursuant to

778

subsection (5) for transportation facilities located within these

779

urban infill and redevelopment areas.

780

     (5) TRANSPORTATION CONCURRENCY EXCEPTION AREAS.--

781

     (a) Countervailing planning and public policy goals.--The

782

Legislature finds that under limited circumstances dealing with

783

transportation facilities, countervailing planning and public

784

policy goals may come into conflict with the requirement that

785

adequate public transportation facilities and services be

786

available concurrent with the impacts of such development. The

787

Legislature further finds that often the unintended result of the

788

concurrency requirement for transportation facilities is often

789

the discouragement of urban infill development and redevelopment.

790

Such unintended results directly conflict with the goals and

791

policies of the state comprehensive plan and the intent of this

792

part. The Legislature also finds that in urban centers

793

transportation cannot be effectively managed and mobility cannot

794

be improved solely through the expansion of roadway capacity,

795

that the expansion of roadway capacity is not always physically

796

or financially possible, and that a range of transportation

797

alternatives are essential to satisfy mobility needs, reduce

798

congestion, and achieve healthy, vibrant centers. Therefore,

799

transportation concurrency exception areas are necessary to

800

achieve the goals and objectives of this part exceptions from the

801

concurrency requirement for transportation facilities may be

802

granted as provided by this subsection.

803

     (b) Geographic applicability.--

804

     1. Within municipalities, transportation concurrency

805

exception areas are established for geographic areas identified

806

in the adopted portion of the comprehensive plan as of July 1,

807

2008, for:

808

     a. Urban infill development;

809

     b. Urban redevelopment;

810

     c. Downtown revitalization; and

811

     d. Urban infill and redevelopment under s. 163.2517.

812

     2. In other portions of the state, including municipalities

813

and unincorporated areas of counties, a local government may

814

adopt a comprehensive plan amendment establishing a

815

transportation concurrency exception area grant an exception from

816

the concurrency requirement for transportation facilities if the

817

proposed development is otherwise consistent with the adopted

818

local government comprehensive plan and is a project that

819

promotes public transportation or is located within an area

820

designated in the comprehensive plan for:

821

     a.1. Urban infill development;

822

     b.2. Urban redevelopment;

823

     c.3. Downtown revitalization;

824

     d.4. Urban infill and redevelopment under s. 163.2517; or

825

     e.5. An urban service area specifically designated as a

826

transportation concurrency exception area which includes lands

827

appropriate for compact, contiguous urban development, which does

828

not exceed the amount of land needed to accommodate the projected

829

population growth at densities consistent with the adopted

830

comprehensive plan within the 10-year planning period, and which

831

is served or is planned to be served with public facilities and

832

services as provided by the capital improvements element.

833

     (c) Projects that have special part-time demands.--The

834

Legislature also finds that developments located within urban

835

infill, urban redevelopment, existing urban service, or downtown

836

revitalization areas or areas designated as urban infill and

837

redevelopment areas under s. 163.2517 which pose only special

838

part-time demands on the transportation system should be excepted

839

from the concurrency requirement for transportation facilities. A

840

special part-time demand is one that does not have more than 200

841

scheduled events during any calendar year and does not affect the

842

100 highest traffic volume hours.

843

     (d) Long-term strategies within transportation concurrency

844

exception areas.--Except for transportation concurrency exception

845

areas established pursuant to s. 163.3180(5)(b)1., the following

846

requirements apply: A local government shall establish guidelines

847

in the comprehensive plan for granting the exceptions authorized

848

in paragraphs (b) and (c) and subsections (7) and (15) which must

849

be consistent with and support a comprehensive strategy adopted

850

in the plan to promote the purpose of the exceptions.

851

     1.(e) The local government shall adopt into the plan and

852

implement long-term strategies to support and fund mobility

853

within the designated exception area, including alternative modes

854

of transportation. The plan amendment must also demonstrate how

855

strategies will support the purpose of the exception and how

856

mobility within the designated exception area will be provided.

857

     2. In addition, The strategies must address urban design;

858

appropriate land use mixes, including intensity and density; and

859

network connectivity plans needed to promote urban infill,

860

redevelopment, or downtown revitalization. The comprehensive plan

861

amendment designating the concurrency exception area must be

862

accompanied by data and analysis justifying the size of the area.

863

     (e)(f) Strategic Intermodal System.-- Prior to the

864

designation of a concurrency exception area pursuant to

865

subparagraph (b)2., the state land planning agency and the

866

Department of Transportation shall be consulted by the local

867

government to assess the effect impact that the proposed

868

exception area is expected to have on the adopted level-of-

869

service standards established for Strategic Intermodal System

870

facilities, as defined in s. 339.64, and roadway facilities

871

funded in accordance with s. 339.2819. Further, as a part of the

872

comprehensive plan amendment establishing the exception area, the

873

local government shall provide for mitigation of impacts , in

874

consultation with the state land planning agency and the

875

Department of Transportation, develop a plan to mitigate any

876

impacts to the Strategic Intermodal System, including, if

877

appropriate, access management, parallel reliever roads,

878

transportation demand management, and other measures the

879

development of a long-term concurrency management system pursuant

880

to subsection (9) and s. 163.3177(3)(d). The exceptions may be

881

available only within the specific geographic area of the

882

jurisdiction designated in the plan. Pursuant to s. 163.3184, any

883

affected person may challenge a plan amendment establishing these

884

guidelines and the areas within which an exception could be

885

granted.

886

     (g) Transportation concurrency exception areas existing

887

prior to July 1, 2005, must, at a minimum, meet the provisions of

888

this section by July 1, 2006, or at the time of the comprehensive

889

plan update pursuant to the evaluation and appraisal report,

890

whichever occurs last.

891

     (6) DE MINIMIS IMPACT.--The Legislature finds that a de

892

minimis impact is consistent with this part. A de minimis impact

893

is an impact that does would not affect more than 1 percent of

894

the maximum volume at the adopted level of service of the

895

affected transportation facility as determined by the local

896

government. An No impact is not will be de minimis if the sum of

897

existing roadway volumes and the projected volumes from approved

898

projects on a transportation facility exceeds would exceed 110

899

percent of the maximum volume at the adopted level of service of

900

the affected transportation facility; provided however, the that

901

an impact of a single family home on an existing lot is will

902

constitute a de minimis impact on all roadways regardless of the

903

level of the deficiency of the roadway. Further, an no impact is

904

not will be de minimis if it exceeds would exceed the adopted

905

level-of-service standard of any affected designated hurricane

906

evacuation routes. Each local government shall maintain

907

sufficient records to ensure that the 110-percent criterion is

908

not exceeded. Each local government shall submit annually, with

909

its updated capital improvements element, a summary of the de

910

minimis records. If the state land planning agency determines

911

that the 110-percent criterion has been exceeded, the state land

912

planning agency shall notify the local government of the

913

exceedance and that no further de minimis exceptions for the

914

applicable roadway may be granted until such time as the volume

915

is reduced below the 110 percent. The local government shall

916

provide proof of this reduction to the state land planning agency

917

before issuing further de minimis exceptions.

918

     (7) CONCURRENCY MANAGEMENT AREAS.--In order to promote

919

infill development and redevelopment, one or more transportation

920

concurrency management areas may be designated in a local

921

government comprehensive plan. A transportation concurrency

922

management area is must be a compact geographic area that has

923

with an existing network of roads where multiple, viable

924

alternative travel paths or modes are available for common trips.

925

A local government may establish an areawide level-of-service

926

standard for such a transportation concurrency management area

927

based upon an analysis that provides for a justification for the

928

areawide level of service, how urban infill development or

929

redevelopment will be promoted, and how mobility will be

930

accomplished within the transportation concurrency management

931

area. Prior to the designation of a concurrency management area,

932

the local government shall consult with the state land planning

933

agency and the Department of Transportation shall be consulted by

934

the local government to assess the impact that the proposed

935

concurrency management area is expected to have on the adopted

936

level-of-service standards established for Strategic Intermodal

937

System facilities, as defined in s. 339.64, and roadway

938

facilities funded in accordance with s. 339.2819. Further, the

939

local government shall, in cooperation with the state land

940

planning agency and the Department of Transportation, develop a

941

plan to mitigate any impacts to the Strategic Intermodal System,

942

including, if appropriate, the development of a long-term

943

concurrency management system pursuant to subsection (9) and s.

944

163.3177(3)(d). Transportation concurrency management areas

945

existing prior to July 1, 2005, shall meet, at a minimum, the

946

provisions of this section by July 1, 2006, or at the time of the

947

comprehensive plan update pursuant to the evaluation and

948

appraisal report, whichever occurs last. The state land planning

949

agency shall amend chapter 9J-5, Florida Administrative Code, to

950

be consistent with this subsection.

951

     (8) URBAN REDEVELOPMENT.--When assessing the transportation

952

impacts of proposed urban redevelopment within an established

953

existing urban service area, 150 110 percent of the actual

954

transportation impact caused by the previously existing

955

development must be reserved for the redevelopment, even if the

956

previously existing development has a lesser or nonexisting

957

impact pursuant to the calculations of the local government.

958

Redevelopment requiring less than 150 110 percent of the

959

previously existing capacity may shall not be prohibited due to

960

the reduction of transportation levels of service below the

961

adopted standards. This does not preclude the appropriate

962

assessment of fees or accounting for the impacts within the

963

concurrency management system and capital improvements program of

964

the affected local government. This paragraph does not affect

965

local government requirements for appropriate development

966

permits.

967

     (9) LONG-TERM CONCURRENCY MANAGEMENT.--

968

     (a) Each local government may adopt as a part of its plan,

969

long-term transportation and school concurrency management

970

systems that have with a planning period of up to 10 years for

971

specially designated districts or areas where significant

972

backlogs exist as a part of its plan. The plan may include

973

interim level-of-service standards on certain facilities and

974

shall rely on the local government's schedule of capital

975

improvements for up to 10 years as a basis for issuing

976

development orders that authorize commencement of construction in

977

these designated districts or areas. The concurrency management

978

system must be designed to correct existing deficiencies and set

979

priorities for addressing backlogged facilities and be

980

coordinated with the appropriate metropolitan planning

981

organization. The concurrency management system must be

982

financially feasible and consistent with other portions of the

983

adopted local plan, including the future land use map.

984

     (b)  If a local government has a transportation or school

985

facility backlog for existing development which cannot be

986

adequately addressed in a 10-year plan, the state land planning

987

agency may allow it to develop a plan and long-term schedule of

988

capital improvements covering up to 15 years for good and

989

sufficient cause, based on a general comparison between the that

990

local government and all other similarly situated local

991

jurisdictions, using the following factors:

992

     1.  The extent of the backlog.

993

     2.  For roads, whether the backlog is on local or state

994

roads.

995

     3.  The cost of eliminating the backlog.

996

     4.  The local government's tax and other revenue-raising

997

efforts.

998

     (c)  The local government may issue approvals to commence

999

construction notwithstanding this section, consistent with and in

1000

areas that are subject to a long-term concurrency management

1001

system.

1002

     (d)  If the local government adopts a long-term concurrency

1003

management system, it must evaluate the system periodically. At a

1004

minimum, the local government must assess its progress toward

1005

improving levels of service within the long-term concurrency

1006

management district or area in the evaluation and appraisal

1007

report and determine any changes that are necessary to accelerate

1008

progress in meeting acceptable levels of service.

1009

     (10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.--With

1010

regard to roadway facilities on the Strategic Intermodal System

1011

designated in accordance with s. ss. 339.61, 339.62, 339.63, and

1012

339.64, the Florida Intrastate Highway System as defined in s.

1013

338.001, and roadway facilities funded in accordance with s.

1014

339.2819, local governments shall adopt the level-of-service

1015

standard established by the Department of Transportation by rule.

1016

For all other roads on the State Highway System, local

1017

governments shall establish an adequate level-of-service standard

1018

that need not be consistent with any level-of-service standard

1019

established by the Department of Transportation. In establishing

1020

adequate level-of-service standards for any arterial roads, or

1021

collector roads as appropriate, which traverse multiple

1022

jurisdictions, local governments shall consider compatibility

1023

with the roadway facility's adopted level-of-service standards in

1024

adjacent jurisdictions. Each local government within a county

1025

shall use a professionally accepted methodology for measuring

1026

impacts on transportation facilities for the purposes of

1027

implementing its concurrency management system. Counties are

1028

encouraged to coordinate with adjacent counties, and local

1029

governments within a county are encouraged to coordinate, in for

1030

the purpose of using common methodologies for measuring impacts

1031

on transportation facilities for the purpose of implementing

1032

their concurrency management systems.

1033

     (11) LIMITATION OF LIABILITY.--In order to limit the

1034

liability of local governments, a local government may allow a

1035

landowner to proceed with development of a specific parcel of

1036

land notwithstanding a failure of the development to satisfy

1037

transportation concurrency, if when all the following factors are

1038

shown to exist:

1039

     (a) The local government that has with jurisdiction over

1040

the property has adopted a local comprehensive plan that is in

1041

compliance.

1042

     (b) The proposed development is would be consistent with

1043

the future land use designation for the specific property and

1044

with pertinent portions of the adopted local plan, as determined

1045

by the local government.

1046

     (c)  The local plan includes a financially feasible capital

1047

improvements element that provides for transportation facilities

1048

adequate to serve the proposed development, and the local

1049

government has not implemented that element.

1050

     (d) The local government has provided a means for assessing

1051

by which the landowner for will be assessed a fair share of the

1052

cost of providing the transportation facilities necessary to

1053

serve the proposed development.

1054

     (e)  The landowner has made a binding commitment to the

1055

local government to pay the fair share of the cost of providing

1056

the transportation facilities to serve the proposed development.

1057

     (12) REGIONAL IMPACT PROPORTIONATE SHARE.--A development of

1058

regional impact may satisfy the transportation concurrency

1059

requirements of the local comprehensive plan, the local

1060

government's concurrency management system, and s. 380.06 by

1061

payment of a proportionate-share contribution for local and

1062

regionally significant traffic impacts, if:

1063

     (a)  The development of regional impact which, based on its

1064

location or mix of land uses, is designed to encourage pedestrian

1065

or other nonautomotive modes of transportation;

1066

     (b)  The proportionate-share contribution for local and

1067

regionally significant traffic impacts is sufficient to pay for

1068

one or more required mobility improvements that will benefit the

1069

network of a regionally significant transportation facilities if

1070

impacts on the Strategic Intermodal System, the Florida

1071

Intrastate Highway System, and other regionally significant

1072

roadways outside of the jurisdiction of the local government are

1073

mitigated based on the prioritization of needed improvements

1074

recommended by the regional planning council facility;

1075

     (c)  The owner and developer of the development of regional

1076

impact pays or assures payment of the proportionate-share

1077

contribution; and

1078

     (d) If The regionally significant transportation facility

1079

to be constructed or improved is under the maintenance authority

1080

of a governmental entity, as defined by s. 334.03 334.03(12),

1081

other than the local government that has with jurisdiction over

1082

the development of regional impact, the developer must is

1083

required to enter into a binding and legally enforceable

1084

commitment to transfer funds to the governmental entity having

1085

maintenance authority or to otherwise assure construction or

1086

improvement of the facility.

1087

1088

The proportionate-share contribution may be applied to any

1089

transportation facility to satisfy the provisions of this

1090

subsection and the local comprehensive plan., but, For the

1091

purposes of this subsection, the amount of the proportionate-

1092

share contribution shall be calculated based upon the cumulative

1093

number of trips from the proposed development expected to reach

1094

roadways during the peak hour from the complete buildout of a

1095

stage or phase being approved, divided by the change in the peak

1096

hour maximum service volume of roadways resulting from

1097

construction of an improvement necessary to maintain the adopted

1098

level of service, multiplied by the construction cost, at the

1099

time of developer payment, of the improvement necessary to

1100

maintain the adopted level of service. For purposes of this

1101

subsection, "construction cost" includes all associated costs of

1102

the improvement. Proportionate-share mitigation shall be limited

1103

to ensure that a development of regional impact meeting the

1104

requirements of this subsection mitigates its impact on the

1105

transportation system but is not responsible for the additional

1106

cost of reducing or eliminating backlogs. This subsection also

1107

applies to Florida Quality Developments pursuant to s. 380.061

1108

and to detailed specific area plans implementing optional sector

1109

plans pursuant to s. 163.3245.

1110

     (13) SCHOOL CONCURRENCY.--School concurrency shall be

1111

established on a districtwide basis and shall include all public

1112

schools in the district and all portions of the district, whether

1113

located in a municipality or an unincorporated area unless exempt

1114

from the public school facilities element pursuant to s.

1115

163.3177(12). The application of school concurrency to

1116

development shall be based upon the adopted comprehensive plan,

1117

as amended. All local governments within a county, except as

1118

provided in paragraph (f), shall adopt and transmit to the state

1119

land planning agency the necessary plan amendments, along with

1120

the interlocal agreement, for a compliance review pursuant to s.

1121

163.3184(7) and (8). The minimum requirements for school

1122

concurrency are the following:

1123

     (a)  Public school facilities element.--A local government

1124

shall adopt and transmit to the state land planning agency a plan

1125

or plan amendment which includes a public school facilities

1126

element which is consistent with the requirements of s.

1127

163.3177(12) and which is determined to be in compliance as

1128

defined in s. 163.3184(1)(b). All local government public school

1129

facilities plan elements within a county must be consistent with

1130

each other as well as the requirements of this part.

1131

     (b)  Level-of-service standards.--The Legislature recognizes

1132

that an essential requirement for a concurrency management system

1133

is the level of service at which a public facility is expected to

1134

operate.

1135

     1.  Local governments and school boards imposing school

1136

concurrency shall exercise authority in conjunction with each

1137

other to establish jointly adequate level-of-service standards,

1138

as defined in chapter 9J-5, Florida Administrative Code,

1139

necessary to implement the adopted local government comprehensive

1140

plan, based on data and analysis.

1141

     2.  Public school level-of-service standards shall be

1142

included and adopted into the capital improvements element of the

1143

local comprehensive plan and shall apply districtwide to all

1144

schools of the same type. Types of schools may include

1145

elementary, middle, and high schools as well as special purpose

1146

facilities such as magnet schools.

1147

     3. Local governments and school boards may use shall have

1148

the option to utilize tiered level-of-service standards to allow

1149

time to achieve an adequate and desirable level of service as

1150

circumstances warrant.

1151

     (c)  Service areas.--The Legislature recognizes that an

1152

essential requirement for a concurrency system is a designation

1153

of the area within which the level of service will be measured

1154

when an application for a residential development permit is

1155

reviewed for school concurrency purposes. This delineation is

1156

also important for purposes of determining whether the local

1157

government has a financially feasible public school capital

1158

facilities program for that will provide schools which will

1159

achieve and maintain the adopted level-of-service standards.

1160

     1.  In order to balance competing interests, preserve the

1161

constitutional concept of uniformity, and avoid disruption of

1162

existing educational and growth management processes, local

1163

governments are encouraged to initially apply school concurrency

1164

to development only on a districtwide basis so that a concurrency

1165

determination for a specific development is will be based upon

1166

the availability of school capacity districtwide. To ensure that

1167

development is coordinated with schools having available

1168

capacity, within 5 years after adoption of school concurrency,

1169

local governments shall apply school concurrency on a less than

1170

districtwide basis, such as using school attendance zones or

1171

concurrency service areas, as provided in subparagraph 2.

1172

     2.  For local governments applying school concurrency on a

1173

less than districtwide basis, such as utilizing school attendance

1174

zones or larger school concurrency service areas, local

1175

governments and school boards shall have the burden of

1176

demonstrating to demonstrate that the utilization of school

1177

capacity is maximized to the greatest extent possible in the

1178

comprehensive plan and amendment, taking into account

1179

transportation costs and court-approved desegregation plans, as

1180

well as other factors. In addition, in order to achieve

1181

concurrency within the service area boundaries selected by local

1182

governments and school boards, the service area boundaries,

1183

together with the standards for establishing those boundaries,

1184

shall be identified and included as supporting data and analysis

1185

for the comprehensive plan.

1186

     3.  Where school capacity is available on a districtwide

1187

basis but school concurrency is applied on a less than

1188

districtwide basis in the form of concurrency service areas, if

1189

the adopted level-of-service standard cannot be met in a

1190

particular service area as applied to an application for a

1191

development permit and if the needed capacity for the particular

1192

service area is available in one or more contiguous service

1193

areas, as adopted by the local government, then the local

1194

government may not deny an application for site plan or final

1195

subdivision approval or the functional equivalent for a

1196

development or phase of a development on the basis of school

1197

concurrency, and if issued, development impacts shall be shifted

1198

to contiguous service areas with schools having available

1199

capacity.

1200

     (d)  Financial feasibility.--The Legislature recognizes that

1201

financial feasibility is an important issue because the premise

1202

of concurrency is that the public facilities will be provided in

1203

order to achieve and maintain the adopted level-of-service

1204

standard. This part and chapter 9J-5, Florida Administrative

1205

Code, contain specific standards for determining to determine the

1206

financial feasibility of capital programs. These standards were

1207

adopted to make concurrency more predictable and local

1208

governments more accountable.

1209

     1.  A comprehensive plan amendment seeking to impose school

1210

concurrency must shall contain appropriate amendments to the

1211

capital improvements element of the comprehensive plan,

1212

consistent with the requirements of s. 163.3177(3) and rule 9J-

1213

5.016, Florida Administrative Code. The capital improvements

1214

element must shall set forth a financially feasible public school

1215

capital facilities program, established in conjunction with the

1216

school board, that demonstrates that the adopted level-of-service

1217

standards will be achieved and maintained.

1218

     2. Such Amendments to the capital improvements element must

1219

shall demonstrate that the public school capital facilities

1220

program meets all of the financial feasibility standards of this

1221

part and chapter 9J-5, Florida Administrative Code, that apply to

1222

capital programs which provide the basis for mandatory

1223

concurrency on other public facilities and services.

1224

     3. If When the financial feasibility of a public school

1225

capital facilities program is evaluated by the state land

1226

planning agency for purposes of a compliance determination, the

1227

evaluation must shall be based upon the service areas selected by

1228

the local governments and school board.

1229

     (e)  Availability standard.--Consistent with the public

1230

welfare, a local government may not deny an application for site

1231

plan, final subdivision approval, or the functional equivalent

1232

for a development or phase of a development authorizing

1233

residential development for failure to achieve and maintain the

1234

level-of-service standard for public school capacity in a local

1235

school concurrency management system where adequate school

1236

facilities will be in place or under actual construction within 3

1237

years after the issuance of final subdivision or site plan

1238

approval, or the functional equivalent. School concurrency is

1239

satisfied if the developer executes a legally binding commitment

1240

to provide mitigation proportionate to the demand for public

1241

school facilities to be created by actual development of the

1242

property, including, but not limited to, the options described in

1243

subparagraph 1. Options for proportionate-share mitigation of

1244

impacts on public school facilities must be established in the

1245

public school facilities element and the interlocal agreement

1246

pursuant to s. 163.31777.

1247

     1.  Appropriate mitigation options include the contribution

1248

of land; the construction, expansion, or payment for land

1249

acquisition or construction of a public school facility; or the

1250

creation of mitigation banking based on the construction of a

1251

public school facility in exchange for the right to sell capacity

1252

credits. Such options must include execution by the applicant and

1253

the local government of a development agreement that constitutes

1254

a legally binding commitment to pay proportionate-share

1255

mitigation for the additional residential units approved by the

1256

local government in a development order and actually developed on

1257

the property, taking into account residential density allowed on

1258

the property prior to the plan amendment that increased the

1259

overall residential density. The district school board must be a

1260

party to such an agreement. As a condition of its entry into such

1261

a development agreement, the local government may require the

1262

landowner to agree to continuing renewal of the agreement upon

1263

its expiration.

1264

     2.  If the education facilities plan and the public

1265

educational facilities element authorize a contribution of land;

1266

the construction, expansion, or payment for land acquisition; or

1267

the construction or expansion of a public school facility, or a

1268

portion thereof, as proportionate-share mitigation, the local

1269

government shall credit such a contribution, construction,

1270

expansion, or payment toward any other impact fee or exaction

1271

imposed by local ordinance for the same need, on a dollar-for-

1272

dollar basis at fair market value.

1273

     3.  Any proportionate-share mitigation must be directed by

1274

the school board toward a school capacity improvement identified

1275

in a financially feasible 5-year district work plan that

1276

satisfies the demands created by the development in accordance

1277

with a binding developer's agreement.

1278

     4.  If a development is precluded from commencing because

1279

there is inadequate classroom capacity to mitigate the effects

1280

impacts of the development, the development may nevertheless

1281

commence if there are accelerated facilities in an approved

1282

capital improvement element scheduled for construction in year

1283

four or later of such plan which, when built, will mitigate the

1284

proposed development, or if such accelerated facilities will be

1285

in the next annual update of the capital facilities element, the

1286

developer enters into a binding, financially guaranteed agreement

1287

with the school district to construct an accelerated facility

1288

within the first 3 years of an approved capital improvement plan,

1289

and the cost of the school facility is equal to or greater than

1290

the development's proportionate share. When the completed school

1291

facility is conveyed to the school district, the developer shall

1292

receive impact fee credits usable within the zone where the

1293

facility is constructed or any attendance zone contiguous with or

1294

adjacent to the zone where the facility is constructed.

1295

     5.  This paragraph does not limit the authority of a local

1296

government to deny a development permit or its functional

1297

equivalent pursuant to its home rule regulatory powers, except as

1298

provided in this part.

1299

     (f)  Intergovernmental coordination.--

1300

     1.  When establishing concurrency requirements for public

1301

schools, a local government shall satisfy the requirements for

1302

intergovernmental coordination set forth in s. 163.3177(6)(h)1.

1303

and 2., except that a municipality is not required to be a

1304

signatory to the interlocal agreement required by ss.

1305

163.3177(6)(h)2. and 163.31777(6), as a prerequisite for

1306

imposition of school concurrency, and as a nonsignatory, may

1307

shall not participate in the adopted local school concurrency

1308

system, if the municipality meets all of the following criteria

1309

for not having a no significant impact on school attendance:

1310

     a.  The municipality has issued development orders for fewer

1311

than 50 residential dwelling units during the preceding 5 years,

1312

or the municipality has generated fewer than 25 additional public

1313

school students during the preceding 5 years.

1314

     b.  The municipality has not annexed new land during the

1315

preceding 5 years in land use categories which permit residential

1316

uses that will affect school attendance rates.

1317

     c.  The municipality has no public schools located within

1318

its boundaries.

1319

     d.  At least 80 percent of the developable land within the

1320

boundaries of the municipality has been built upon.

1321

     2. A municipality that which qualifies as not having a no

1322

significant impact on school attendance pursuant to the criteria

1323

of subparagraph 1. must review and determine at the time of its

1324

evaluation and appraisal report pursuant to s. 163.3191 whether

1325

it continues to meet the criteria pursuant to s. 163.31777(6). If

1326

the municipality determines that it no longer meets the criteria,

1327

it must adopt appropriate school concurrency goals, objectives,

1328

and policies in its plan amendments based on the evaluation and

1329

appraisal report, and enter into the existing interlocal

1330

agreement required by ss. 163.3177(6)(h)2. and 163.31777, in

1331

order to fully participate in the school concurrency system. If

1332

such a municipality fails to do so, it is will be subject to the

1333

enforcement provisions of s. 163.3191.

1334

     (g)  Interlocal agreement for school concurrency.--When

1335

establishing concurrency requirements for public schools, a local

1336

government must enter into an interlocal agreement that satisfies

1337

the requirements in ss. 163.3177(6)(h)1. and 2. and 163.31777 and

1338

the requirements of this subsection. The interlocal agreement

1339

must shall acknowledge both the school board's constitutional and

1340

statutory obligations to provide a uniform system of free public

1341

schools on a countywide basis, and the land use authority of

1342

local governments, including their authority to approve or deny

1343

comprehensive plan amendments and development orders. The

1344

interlocal agreement shall be submitted to the state land

1345

planning agency by the local government as a part of the

1346

compliance review, along with the other necessary amendments to

1347

the comprehensive plan required by this part. In addition to the

1348

requirements of ss. 163.3177(6)(h) and 163.31777, the interlocal

1349

agreement must shall meet the following requirements:

1350

     1. Establish the mechanisms for coordinating the

1351

development, adoption, and amendment of each local government's

1352

public school facilities element with each other and the plans of

1353

the school board to ensure a uniform districtwide school

1354

concurrency system.

1355

     2. Establish a process for developing the development of

1356

siting criteria that which encourages the location of public

1357

schools proximate to urban residential areas to the extent

1358

possible and seeks to collocate schools with other public

1359

facilities such as parks, libraries, and community centers to the

1360

extent possible.

1361

     3.  Specify uniform, districtwide level-of-service standards

1362

for public schools of the same type and the process for modifying

1363

the adopted level-of-service standards.

1364

     4.  Establish a process for the preparation, amendment, and

1365

joint approval by each local government and the school board of a

1366

public school capital facilities program that which is

1367

financially feasible, and a process and schedule for

1368

incorporation of the public school capital facilities program

1369

into the local government comprehensive plans on an annual basis.

1370

     5.  Define the geographic application of school concurrency.

1371

If school concurrency is to be applied on a less than

1372

districtwide basis in the form of concurrency service areas, the

1373

agreement must shall establish criteria and standards for the

1374

establishment and modification of school concurrency service

1375

areas. The agreement must shall also establish a process and

1376

schedule for the mandatory incorporation of the school

1377

concurrency service areas and the criteria and standards for

1378

establishment of the service areas into the local government

1379

comprehensive plans. The agreement must shall ensure maximum

1380

utilization of school capacity, taking into account

1381

transportation costs and court-approved desegregation plans, as

1382

well as other factors. The agreement must shall also ensure the

1383

achievement and maintenance of the adopted level-of-service

1384

standards for the geographic area of application throughout the 5

1385

years covered by the public school capital facilities plan and

1386

thereafter by adding a new fifth year during the annual update.

1387

     6.  Establish a uniform districtwide procedure for

1388

implementing school concurrency which provides for:

1389

     a.  The evaluation of development applications for

1390

compliance with school concurrency requirements, including

1391

information provided by the school board on affected schools,

1392

impact on levels of service, and programmed improvements for

1393

affected schools, and any options to provide sufficient capacity;

1394

     b.  An opportunity for the school board to review and

1395

comment on the effect of comprehensive plan amendments and

1396

rezonings on the public school facilities plan; and

1397

     c.  The monitoring and evaluation of the school concurrency

1398

system.

1399

     7.  Include provisions relating to amendment of the

1400

agreement.

1401

     8.  A process and uniform methodology for determining

1402

proportionate-share mitigation pursuant to subparagraph (e)1.

1403

     (h)  Local government authority.--This subsection does not

1404

limit the authority of a local government to grant or deny a

1405

development permit or its functional equivalent prior to the

1406

implementation of school concurrency.

1407

     (14) RULEMAKING AUTHORITY.--The state land planning agency

1408

shall, by October 1, 1998, adopt by rule minimum criteria for the

1409

review and determination of compliance of a public school

1410

facilities element adopted by a local government for purposes of

1411

imposition of school concurrency.

1412

     (15) MULTIMODAL DISTRICTS.--

1413

     (a)  Multimodal transportation districts may be established

1414

under a local government comprehensive plan in areas delineated

1415

on the future land use map for which the local comprehensive plan

1416

assigns secondary priority to vehicle mobility and primary

1417

priority to assuring a safe, comfortable, and attractive

1418

pedestrian environment, with convenient interconnection to

1419

transit. Such districts must incorporate community design

1420

features that will reduce the number of automobile trips or

1421

vehicle miles of travel and will support an integrated,

1422

multimodal transportation system. Prior to the designation of

1423

multimodal transportation districts, the Department of

1424

Transportation shall be consulted by the local government to

1425

assess the impact that the proposed multimodal district area is

1426

expected to have on the adopted level-of-service standards

1427

established for Strategic Intermodal System facilities, as

1428

designated in s. 339.63 defined in s. 339.64, and roadway

1429

facilities funded in accordance with s. 339.2819. Further, the

1430

local government shall, in cooperation with the Department of

1431

Transportation, develop a plan to mitigate any impacts to the

1432

Strategic Intermodal System, including the development of a long-

1433

term concurrency management system pursuant to subsection (9) and

1434

s. 163.3177(3)(d). Multimodal transportation districts existing

1435

prior to July 1, 2005, shall meet, at a minimum, the provisions

1436

of this section by July 1, 2006, or at the time of the

1437

comprehensive plan update pursuant to the evaluation and

1438

appraisal report, whichever occurs last.

1439

     (b) Community design elements of such a multimodal

1440

transportation district include: a complementary mix and range of

1441

land uses, including educational, recreational, and cultural

1442

uses; interconnected networks of streets designed to encourage

1443

walking and bicycling, with traffic-calming where desirable;

1444

appropriate densities and intensities of use within walking

1445

distance of transit stops; daily activities within walking

1446

distance of residences, allowing independence to persons who do

1447

not drive; public uses, streets, and squares that are safe,

1448

comfortable, and attractive for the pedestrian, with adjoining

1449

buildings open to the street and with parking not interfering

1450

with pedestrian, transit, automobile, and truck travel modes.

1451

     (c)  Local governments may establish multimodal level-of-

1452

service standards that rely primarily on nonvehicular modes of

1453

transportation within the district, if when justified by an

1454

analysis demonstrating that the existing and planned community

1455

design provides will provide an adequate level of mobility within

1456

the district based upon professionally accepted multimodal level-

1457

of-service methodologies. The analysis must also demonstrate that

1458

the capital improvements required to promote community design are

1459

financially feasible over the development or redevelopment

1460

timeframe for the district and that community design features

1461

within the district provide convenient interconnection for a

1462

multimodal transportation system. Local governments may issue

1463

development permits in reliance upon all planned community design

1464

capital improvements that are financially feasible over the

1465

development or redevelopment timeframe for the district, without

1466

regard to the period of time between development or redevelopment

1467

and the scheduled construction of the capital improvements. A

1468

determination of financial feasibility shall be based upon

1469

currently available funding or funding sources that could

1470

reasonably be expected to become available over the planning

1471

period.

1472

     (d)  Local governments may reduce impact fees or local

1473

access fees for development within multimodal transportation

1474

districts based on the reduction of vehicle trips per household

1475

or vehicle miles of travel expected from the development pattern

1476

planned for the district.

1477

     (e)  By December 1, 2007, the Department of Transportation,

1478

in consultation with the state land planning agency and

1479

interested local governments, may designate a study area for

1480

conducting a pilot project to determine the benefits of and

1481

barriers to establishing a regional multimodal transportation

1482

concurrency district that extends over more than one local

1483

government jurisdiction. If designated:

1484

     1.  The study area must be in a county that has a population

1485

of at least 1,000 persons per square mile, be within an urban

1486

service area, and have the consent of the local governments

1487

within the study area. The Department of Transportation and the

1488

state land planning agency shall provide technical assistance.

1489

     2.  The local governments within the study area and the

1490

Department of Transportation, in consultation with the state land

1491

planning agency, shall cooperatively create a multimodal

1492

transportation plan that meets the requirements of this section.

1493

The multimodal transportation plan must include viable local

1494

funding options and incorporate community design features,

1495

including a range of mixed land uses and densities and

1496

intensities, which will reduce the number of automobile trips or

1497

vehicle miles of travel while supporting an integrated,

1498

multimodal transportation system.

1499

     3.  To effectuate the multimodal transportation concurrency

1500

district, participating local governments may adopt appropriate

1501

comprehensive plan amendments.

1502

     4.  The Department of Transportation, in consultation with

1503

the state land planning agency, shall submit a report by March 1,

1504

2009, to the Governor, the President of the Senate, and the

1505

Speaker of the House of Representatives on the status of the

1506

pilot project. The report must identify any factors that support

1507

or limit the creation and success of a regional multimodal

1508

transportation district including intergovernmental coordination.

1509

     (16) FAIR-SHARE MITIGATION.--It is the intent of the

1510

Legislature to provide a method by which the impacts of

1511

development on transportation facilities can be mitigated by the

1512

cooperative efforts of the public and private sectors. The

1513

methodology used to calculate proportionate fair-share mitigation

1514

under this section shall be as provided for in subsection (12),

1515

or a vehicle and people miles traveled methodology or an

1516

alternative methodology identified by the local government as a

1517

part of its comprehensive plan and that ensures that development

1518

impacts on transportation facilities are mitigated.

1519

     (a)  By December 1, 2006, each local government shall adopt

1520

by ordinance a methodology for assessing proportionate fair-share

1521

mitigation options. By December 1, 2005, the Department of

1522

Transportation shall develop a model transportation concurrency

1523

management ordinance that has with methodologies for assessing

1524

proportionate fair-share mitigation options.

1525

     (b)1. In its transportation concurrency management system,

1526

a local government shall, by December 1, 2006, include

1527

methodologies to be applied in calculating that will be applied

1528

to calculate proportionate fair-share mitigation.

1529

     1. A developer may choose to satisfy all transportation

1530

concurrency requirements by contributing or paying proportionate

1531

fair-share mitigation if transportation facilities or facility

1532

segments identified as mitigation for traffic impacts are

1533

specifically identified for funding in the 5-year schedule of

1534

capital improvements in the capital improvements element of the

1535

local plan or the long-term concurrency management system or if

1536

such contributions or payments to such facilities or segments are

1537

reflected in the 5-year schedule of capital improvements in the

1538

next regularly scheduled update of the capital improvements

1539

element. Updates to the 5-year capital improvements element which

1540

reflect proportionate fair-share contributions may not be found

1541

not in compliance based on ss. 163.3164(32) and 163.3177(3) if

1542

additional contributions, payments or funding sources are

1543

reasonably anticipated during a period not to exceed 10 years to

1544

fully mitigate impacts on the transportation facilities within 10

1545

years.

1546

     2.  Proportionate fair-share mitigation shall be applied as

1547

a credit against impact fees to the extent that all or a portion

1548

of the proportionate fair-share mitigation is used to address the

1549

same capital infrastructure improvements contemplated by the

1550

local government's impact fee ordinance.

1551

     (c)  Proportionate fair-share mitigation includes, without

1552

limitation, separately or collectively, private funds,

1553

contributions of land, and construction and contribution of

1554

facilities and may include public funds as determined by the

1555

local government. Proportionate fair-share mitigation may be

1556

directed toward one or more specific transportation improvements

1557

reasonably related to the mobility demands created by the

1558

development and such improvements may address one or more modes

1559

of travel. The fair market value of the proportionate fair-share

1560

mitigation may shall not differ based on the form of mitigation.

1561

A local government may not require a development to pay more than

1562

its proportionate fair-share contribution regardless of the

1563

method of mitigation. Proportionate fair-share mitigation shall

1564

be limited to ensure that a development meeting the requirements

1565

of this section mitigates its impact on the transportation system

1566

but is not responsible for the additional cost of reducing or

1567

eliminating backlogs.

1568

     (d)  This subsection does not require a local government to

1569

approve a development that is not otherwise qualified for

1570

approval pursuant to the applicable local comprehensive plan and

1571

land development regulations.

1572

     (e)  Mitigation for development impacts to facilities on the

1573

Strategic Intermodal System made pursuant to this subsection

1574

requires the concurrence of the Department of Transportation.

1575

     (f)  If the funds in an adopted 5-year capital improvements

1576

element are insufficient to fully fund construction of a

1577

transportation improvement required by the local government's

1578

concurrency management system, a local government and a developer

1579

may still enter into a binding proportionate-share agreement

1580

authorizing the developer to construct that amount of development

1581

on which the proportionate share is calculated if the

1582

proportionate-share amount in the such agreement is sufficient to

1583

pay for one or more improvements which will, in the opinion of

1584

the governmental entity or entities maintaining the

1585

transportation facilities, significantly benefit the impacted

1586

transportation system. The improvements funded by the

1587

proportionate-share component must be adopted into the 5-year

1588

capital improvements schedule of the comprehensive plan at the

1589

next annual capital improvements element update. The funding of

1590

any improvements that significantly benefit the impacted

1591

transportation system satisfies concurrency requirements as a

1592

mitigation of the development's impact upon the overall

1593

transportation system even if there remains a failure of

1594

concurrency on other impacted facilities.

1595

     (g)  Except as provided in subparagraph (b)1., this section

1596

does may not prohibit the state land planning agency Department

1597

of Community Affairs from finding other portions of the capital

1598

improvements element amendments not in compliance as provided in

1599

this chapter.

1600

     (h) The provisions of This subsection does do not apply to

1601

a development of regional impact satisfying the requirements of

1602

subsection (12).

1603

     (17) TRANSPORTATION CONCURRENCY INCENTIVES.--The

1604

Legislature finds that allowing private-sector entities to

1605

finance, construct, and improve public transportation facilities

1606

can provide significant benefits to the public by facilitating

1607

transportation without the need for additional public tax

1608

revenues. In order to encourage the more efficient and proactive

1609

provision of transportation improvements by the private sector,

1610

if a developer or property owner voluntarily contributes right-

1611

of-way and physically constructs or expands a state

1612

transportation facility or segment, and such construction or

1613

expansion:

1614

     (a) Improves traffic flow, capacity, or safety, the

1615

voluntary contribution may be applied as a credit for that

1616

property owner or developer against any future transportation

1617

concurrency requirements pursuant to chapter if the

1618

transportation improvement is identified in the 5-year work plan

1619

of the Department of Transportation, and such contributions and

1620

credits are set forth in a legally binding agreement executed by

1621

the property owner or developer, the local government of the

1622

jurisdiction in which the facility is located, and the Department

1623

of Transportation.

1624

     (b) Is identified in the capital improvement schedule,

1625

meets the requirements in this section, and is set forth in a

1626

legally binding agreement between the property owner or developer

1627

and the applicable local government, the contribution to the

1628

local government collector and the arterial system may be applied

1629

as credit against any future transportation concurrency

1630

requirements under this chapter.

1631

     (18) TRANSPORTATION MOBILITY FEE.--The Legislature finds

1632

that the existing transportation concurrency system has not

1633

adequately addressed the state's transportation needs in an

1634

effective, predictable, and equitable manner and is not producing

1635

a sustainable transportation system for the state. The current

1636

system is complex, lacks uniformity among jurisdictions, is too

1637

focused on roadways to the detriment of desired land use patterns

1638

and transportation alternatives, and frequently prevents the

1639

attainment of important growth management goals. The state,

1640

therefore, should consider a different transportation concurrency

1641

approach that uses a mobility fee based on vehicle and people

1642

miles traveled. Therefore, the Legislature directs the state land

1643

planning agency to study and develop a methodology for a mobility

1644

fee system as follows:

1645

     (a) The state land planning agency, in consultation with

1646

the Department of Transportation, shall convene a study group

1647

that includes representatives from the Department of

1648

Transportation, regional planning councils, local governments,

1649

the development community, land use and transportation

1650

professionals, and the Legislature to develop a uniform mobility

1651

fee methodology for statewide application to replace the existing

1652

transportation concurrency management system. The methodology

1653

shall be based on the amount, distribution, and timing of the

1654

vehicle and people miles traveled, professionally accepted

1655

standards and practices in the fields of land use and

1656

transportation planning, and the requirements of constitutional

1657

and statutory law. The mobility fee shall be designed to provide

1658

for mobility needs, ensure that development provides mitigation

1659

for its impacts on the transportation system, and promote

1660

compact, mixed-use, and energy efficient development. The

1661

mobility fee shall be used to fund improvements to the

1662

transportation system.

1663

     (b) By February 15, 2009, the state land planning agency

1664

shall provide a report to the Legislature with recommendations on

1665

an appropriate uniform mobility fee methodology and whether a

1666

mobility fee system should be applied statewide or to more

1667

limited geographic areas, for a schedule to amend comprehensive

1668

plans and land development rules to incorporate the mobility fee,

1669

for a system for collecting and allocating mobility fees among

1670

state and local transportation facilities, and whether and how

1671

mobility fees should replace, revise, or supplement

1672

transportation impact fees.

1673

     (19)(17) A local government and the developer of affordable

1674

workforce housing units developed in accordance with s.

1675

380.06(19) or s. 380.0651(3) may identify an employment center or

1676

centers in close proximity to the affordable workforce housing

1677

units. If at least 50 percent of the units are occupied by an

1678

employee or employees of an identified employment center or

1679

centers, all of the affordable workforce housing units are exempt

1680

from transportation concurrency requirements, and the local

1681

government may not reduce any transportation trip-generation

1682

entitlements of an approved development-of-regional-impact

1683

development order. As used in this subsection, the term "close

1684

proximity" means 5 miles from the nearest point of the

1685

development of regional impact to the nearest point of the

1686

employment center, and the term "employment center" means a place

1687

of employment that employs at least 25 or more full-time

1688

employees.

1689

1690

     Section 7.  Subsection (1) of section 163.3181, Florida

1691

Statutes, is amended to read:

1692

     163.3181  Public participation in the comprehensive planning

1693

process; intent; alternative dispute resolution.--

1694

     (1)  It is the intent of the Legislature that the public

1695

participate in the comprehensive planning process to the fullest

1696

extent possible. Towards this end, local planning agencies and

1697

local governmental units are directed to adopt procedures

1698

designed to provide effective public participation in the

1699

comprehensive planning process and to provide real property

1700

owners with notice of all official actions which will regulate

1701

the use of their property. Each local government shall adopt by

1702

ordinance requirements for the holding of a community or

1703

neighborhood meeting prior to the filing of applications for

1704

future land use map amendments consistent with the provisions of

1705

s. 163.3184(3). The provisions and procedures required in this

1706

act are set out as the minimum requirements towards this end.

1707

     Section 8.  Subsection (3), paragraph (a) of subsection (7),

1708

paragraphs (b) and (c) of subsection (15), and subsections (17),

1709

(18), and (19) of section 163.3184, Florida Statutes, are amended

1710

to read:

1711

     163.3184  Process for adoption of comprehensive plan or plan

1712

amendment.--

1713

     (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

1714

AMENDMENT.--

1715

     (a) Before the filing of an application for an amendment to

1716

the future land use map, the applicant shall conduct a noticed

1717

community or neighborhood meeting to present, discuss, and

1718

solicit public comment on the proposed map amendment. The meeting

1719

shall be noticed and conducted by the applicant in accordance

1720

with the local government's adopted regulations for such meetings

1721

and shall be held at least 30 calendar days before the filing of

1722

the application for the amendment. The application shall contain

1723

a written certification or verification that the meeting has been

1724

held and that the required notice was given. At least 15 calendar

1725

days before the local governing body holds an adoption hearing on

1726

a map amendment, the applicant shall conduct a second noticed

1727

community or neighborhood meeting to present and discuss the map

1728

amendment application as filed, including any changes made to the

1729

proposed amendment following the first community or neighborhood

1730

meeting and any additional proposed changes. Prior to the

1731

adoption hearing, the applicant shall file with the local

1732

government a written certification or verification that the

1733

second meeting has been held and noticed in accordance with the

1734

local government's adopted regulations for such meetings. This

1735

section shall be applicable to every application for a map

1736

amendment filed after January 1, 2009.

1737

(b) Each local governing body shall transmit the complete

1738

proposed comprehensive plan or plan amendment to the state land

1739

planning agency, the appropriate regional planning council and

1740

water management district, the Department of Environmental

1741

Protection, the Department of State, and the Department of

1742

Transportation, and, in the case of municipal plans, to the

1743

appropriate county, and, in the case of county plans, to the Fish

1744

and Wildlife Conservation Commission and the Department of

1745

Agriculture and Consumer Services, immediately following a public

1746

hearing pursuant to subsection (15) as specified in the state

1747

land planning agency's procedural rules. The local governing body

1748

shall also transmit a copy of the complete proposed comprehensive

1749

plan or plan amendment to any other unit of local government or

1750

government agency in the state that has filed a written request

1751

with the governing body for the plan or plan amendment. The local

1752

government may request a review by the state land planning agency

1753

pursuant to subsection (6) at the time of the transmittal of an

1754

amendment.

1755

     (c)(b) A local governing body shall not transmit portions

1756

of a plan or plan amendment unless it has previously provided to

1757

all state agencies designated by the state land planning agency a

1758

complete copy of its adopted comprehensive plan pursuant to

1759

subsection (7) and as specified in the agency's procedural rules.

1760

In the case of comprehensive plan amendments, the local governing

1761

body shall transmit to the state land planning agency, the

1762

appropriate regional planning council and water management

1763

district, the Department of Environmental Protection, the

1764

Department of State, and the Department of Transportation, and,

1765

in the case of municipal plans, to the appropriate county and, in

1766

the case of county plans, to the Fish and Wildlife Conservation

1767

Commission and the Department of Agriculture and Consumer

1768

Services the materials specified in the state land planning

1769

agency's procedural rules and, in cases in which the plan

1770

amendment is a result of an evaluation and appraisal report

1771

adopted pursuant to s. 163.3191, a copy of the evaluation and

1772

appraisal report. Local governing bodies shall consolidate all

1773

proposed plan amendments into a single submission for each of the

1774

two plan amendment adoption dates during the calendar year

1775

pursuant to s. 163.3187.

1776

     (d)(c) A local government may adopt a proposed plan

1777

amendment previously transmitted pursuant to this subsection,

1778

unless review is requested or otherwise initiated pursuant to

1779

subsection (6).

1780

     (e)(d) In cases in which a local government transmits

1781

multiple individual amendments that can be clearly and legally

1782

separated and distinguished for the purpose of determining

1783

whether to review the proposed amendment, and the state land

1784

planning agency elects to review several or a portion of the

1785

amendments and the local government chooses to immediately adopt

1786

the remaining amendments not reviewed, the amendments immediately

1787

adopted and any reviewed amendments that the local government

1788

subsequently adopts together constitute one amendment cycle in

1789

accordance with s. 163.3187(1).

1790

     (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN

1791

OR AMENDMENTS AND TRANSMITTAL.--

1792

     (a)  The local government shall review the written comments

1793

submitted to it by the state land planning agency, and any other

1794

person, agency, or government. Any comments, recommendations, or

1795

objections and any reply to them are shall be public documents, a

1796

part of the permanent record in the matter, and admissible in any

1797

proceeding in which the comprehensive plan or plan amendment may

1798

be at issue. The local government, upon receipt of written

1799

comments from the state land planning agency, shall have 120 days

1800

to adopt, or adopt with changes, the proposed comprehensive plan

1801

or s. 163.3191 plan amendments. In the case of comprehensive plan

1802

amendments other than those proposed pursuant to s. 163.3191, the

1803

local government shall have 60 days to adopt the amendment, adopt

1804

the amendment with changes, or determine that it will not adopt

1805

the amendment. The adoption of the proposed plan or plan

1806

amendment or the determination not to adopt a plan amendment,

1807

other than a plan amendment proposed pursuant to s. 163.3191,

1808

shall be made in the course of a public hearing pursuant to

1809

subsection (15). If a local government fails to adopt the

1810

comprehensive plan or plan amendment within the timeframe set

1811

forth in this subsection, the plan or plan amendment shall be

1812

deemed abandoned and may not be considered until the next

1813

available amendment cycle pursuant to ss. 163.3184 and 163.3187

1814

unless the state land planning agency grants a request for an

1815

extension of up to 60 days based on good and sufficient cause as

1816

determined by the agency. The local government shall transmit the

1817

complete adopted comprehensive plan or plan amendment, including

1818

the names and addresses of persons compiled pursuant to paragraph

1819

(15)(c), to the state land planning agency as specified in the

1820

agency's procedural rules within 10 working days after adoption.

1821

The local governing body shall also transmit a copy of the

1822

adopted comprehensive plan or plan amendment to the regional

1823

planning agency and to any other unit of local government or

1824

governmental agency in the state that has filed a written request

1825

with the governing body for a copy of the plan or plan amendment.

1826

     (15)  PUBLIC HEARINGS.--

1827

     (b)  The local governing body shall hold at least two

1828

advertised public hearings on the proposed comprehensive plan or

1829

plan amendment as follows:

1830

     1.  The first public hearing shall be held at the

1831

transmittal stage pursuant to subsection (3). It shall be held on

1832

a weekday at least 7 days after the day that the first

1833

advertisement is published.

1834

     2.  The second public hearing shall be held at the adoption

1835

stage pursuant to subsection (7). It shall be held on a weekday

1836

at least 5 days after the day that the second advertisement is

1837

published. Any proposed substantial or material change to the

1838

plan or amendment to be considered by the local government must

1839

be filed with the local government and made available to the

1840

public at least 5 business days before the hearing, including

1841

through the local government's website if one is maintained, as

1842

part of the adoption package. However, the local government may

1843

consider and take action on any change to the plan or amendment

1844

if the applicant and affected parties at the public hearing do

1845

not oppose the change. As part of the adoption package, the local

1846

government shall certify in writing to the state land planning

1847

agency that it has complied with this subsection.

1848

     (c)  The local government shall provide a sign-in form at

1849

the transmittal hearing and at the adoption hearing for persons

1850

to provide their names, and mailing and electronic addresses. The

1851

sign-in form must advise that any person providing the requested

1852

information will receive a courtesy informational statement

1853

concerning publications of the state land planning agency's

1854

notice of intent. The local government shall add to the sign-in

1855

form the name and address of any person who submits written

1856

comments concerning the proposed plan or plan amendment during

1857

the time period between the commencement of the transmittal

1858

hearing and the end of the adoption hearing. It is the

1859

responsibility of the person completing the form or providing

1860

written comments to accurately, completely, and legibly provide

1861

all information needed in order to receive the courtesy

1862

informational statement.

1863

     (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN

1864

AMENDMENTS.--A local government that has adopted a community

1865

vision and urban service boundary under s. 163.3177(13) and (14)

1866

may adopt a plan amendment related to map amendments solely to

1867

property within an urban service boundary in the manner described

1868

in subsections (1), (2), (7), (14), (15), and (16) and s.

1869

163.3187(1)(c)1.d. and e., 2., and 3., such that state and

1870

regional agency review is eliminated. The department may not

1871

issue an objections, recommendations, and comments report on

1872

proposed plan amendments or a notice of intent on adopted plan

1873

amendments; however, affected persons, as defined by paragraph

1874

(1)(a), may file a petition for administrative review pursuant to

1875

the requirements of s. 163.3187(3)(a) to challenge the compliance

1876

of an adopted plan amendment. This subsection does not apply to

1877

any amendment within an area of critical state concern, to any

1878

amendment that increases residential densities allowable in high-

1879

hazard coastal areas as defined in s. 163.3178(2)(h), or to a

1880

text change to the goals, policies, or objectives of the local

1881

government's comprehensive plan. Amendments submitted under this

1882

subsection are exempt from the limitation on the frequency of

1883

plan amendments in s. 163.3187.

1884

     (17)(18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.--A

1885

municipality that has a designated urban infill and redevelopment

1886

area under s. 163.2517 may adopt a plan amendment related to map

1887

amendments solely to property within a designated urban infill

1888

and redevelopment area in the manner described in subsections

1889

(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(d)1.d.

1890

163.3187(1)(c)1.d. and e., 2., and 3., such that state and

1891

regional agency review is eliminated. The department may not

1892

issue an objections, recommendations, and comments report on

1893

proposed plan amendments or a notice of intent on adopted plan

1894

amendments; however, affected persons, as defined in subsection

1895

(1) by paragraph (1)(a), may file a petition for administrative

1896

review pursuant to the requirements of s. 163.3187(3)(a) to

1897

challenge the compliance of an adopted plan amendment. This

1898

subsection does not apply to any amendment within an area of

1899

critical state concern, to any amendment that increases

1900

residential densities allowable in high-hazard coastal areas as

1901

defined in s. 163.3178(2)(h), or to a text change to the goals,

1902

policies, or objectives of the local government's comprehensive

1903

plan. Amendments submitted under this subsection are exempt from

1904

the limitation on the frequency of plan amendments in s.

1905

163.3187.

1906

     (18)(19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.--Any

1907

local government that identifies in its comprehensive plan the

1908

types of housing developments and conditions for which it will

1909

consider plan amendments that are consistent with the local

1910

housing incentive strategies identified in s. 420.9076 and

1911

authorized by the local government may expedite consideration of

1912

such plan amendments. At least 30 days before prior to adopting a

1913

plan amendment pursuant to this subsection, the local government

1914

shall notify the state land planning agency of its intent to

1915

adopt such an amendment, and the notice shall include the local

1916

government's evaluation of site suitability and availability of

1917

facilities and services. A plan amendment considered under this

1918

subsection shall require only a single public hearing before the

1919

local governing body, which shall be a plan amendment adoption

1920

hearing as described in subsection (7). The public notice of the

1921

hearing required under subparagraph (15)(b)2. must include a

1922

statement that the local government intends to use the expedited

1923

adoption process authorized under this subsection. The state land

1924

planning agency shall issue its notice of intent required under

1925

subsection (8) within 30 days after determining that the

1926

amendment package is complete. Any further proceedings are shall

1927

be governed by subsections (9)-(16).

1928

     Section 9.  Section 163.3187, Florida Statutes, is amended

1929

to read:

1930

     163.3187  Amendment of adopted comprehensive plan.--

1931

     (1) Comprehensive plan amendments may be adopted by simple

1932

majority vote of the governing body of the local government

1933

except:

1934

     (a) A super majority vote of the members of the governing

1935

body of the local government present at the hearing is required

1936

to adopt a future land use map amendment that the local planning

1937

agency has recommended not be adopted; and

1938

     (b) A super majority vote of the members of the governing

1939

body of the local government present at the hearing is required

1940

to adopt any text amendment except for special area text policies

1941

associated with a future land use map amendment, text amendments

1942

to the schedule of capital improvements, and text amendments that

1943

implement recommendations in an evaluation and appraisal report,

1944

or implement a new statutory requirement.

1945

     (2) Amendments to comprehensive plans adopted pursuant to

1946

this part may not be made not more than once two times during any

1947

calendar year, except:

1948

     (a) A local government may adopt the following

1949

comprehensive plan amendments once per calendar year in addition

1950

to the once-per-year adoption referenced immediately above:

1951

     1. Future land use map amendments and special area policies

1952

associated with those map amendments for land within areas

1953

designated in the comprehensive plan for downtown revitalization

1954

pursuant to s. 163.3164(25), urban redevelopment pursuant to s.

1955

163.3164(26), urban infill development pursuant to s.

1956

163.3164(27), urban infill and redevelopment pursuant to s.

1957

163.2517, or an urban service area pursuant to s.

1958

163.3180(5)(b)5.

1959

     2. Any local government comprehensive plan amendment

1960

establishing or implementing a rural land stewardship area

1961

pursuant to s.163.3177(11)(d) or a sector plan pursuant to s.

1962

163.3245.

1963

     (b)(a) In the case of an emergency, comprehensive plan

1964

amendments may be made more often than once twice during the

1965

calendar year if the additional plan amendment receives the

1966

approval of all of the members of the governing body. "Emergency"

1967

means any occurrence or threat thereof whether accidental or

1968

natural, caused by humankind, in war or peace, which results or

1969

may result in substantial injury or harm to the population or

1970

substantial damage to or loss of property or public funds.

1971

     (c)(b) Any Local government comprehensive plan amendments

1972

directly related to a proposed development of regional impact,

1973

including changes that are which have been determined to be

1974

substantial deviations or are and including Florida Quality

1975

Developments designations pursuant to s. 380.061, may be

1976

initiated by a local planning agency and considered by the local

1977

governing body at the same time as the application for

1978

development approval using the procedures provided for local plan

1979

amendment in this section and applicable local ordinances,

1980

without regard to statutory or local ordinance limits on the

1981

frequency of consideration of amendments to the local

1982

comprehensive plan. Nothing in this subsection shall be deemed to

1983

require favorable consideration of a plan amendment solely

1984

because it is related to a development of regional impact.

1985

     (d)(c) Any Local government comprehensive plan amendments

1986

directly related to proposed small scale development activities

1987

may be approved without regard to statutory limits on the

1988

frequency of consideration of amendments to the local

1989

comprehensive plan. A small scale development amendment may be

1990

adopted only under the following conditions:

1991

     1.  The proposed amendment involves a use of 10 acres or

1992

less fewer and:

1993

     a.  The cumulative annual effect of the acreage for all

1994

small scale development amendments adopted by the local

1995

government does shall not exceed:

1996

     (I)  A maximum of 120 acres in a local government that

1997

contains areas specifically designated in the local comprehensive

1998

plan for urban infill, urban redevelopment, or downtown

1999

revitalization as defined in s. 163.3164, urban infill and

2000

redevelopment areas designated under s. 163.2517, transportation

2001

concurrency exception areas approved pursuant to s. 163.3180(5),

2002

or regional activity centers and urban central business districts

2003

approved pursuant to s. 380.06(2)(e); however, amendments under

2004

this paragraph may be applied to no more than 60 acres annually

2005

of property outside the designated areas listed in this sub-sub-

2006

subparagraph. Amendments adopted pursuant to paragraph (k) shall

2007

not be counted toward the acreage limitations for small scale

2008

amendments under this paragraph.

2009

     (II)  A maximum of 80 acres in a local government that does

2010

not contain any of the designated areas set forth in sub-sub-

2011

subparagraph (I).

2012

     (III)  A maximum of 120 acres in a county established

2013

pursuant to s. 9, Art. VIII of the State Constitution.

2014

     b.  The proposed amendment does not involve the same

2015

property granted a change within the prior 12 months.

2016

     c.  The proposed amendment does not involve the same owner's

2017

property within 200 feet of property granted a change within the

2018

prior 12 months.

2019

     d.  The proposed amendment does not involve a text change to

2020

the goals, policies, and objectives of the local government's

2021

comprehensive plan, but only proposes a land use change to the

2022

future land use map for a site-specific small scale development

2023

activity.

2024

     e.  The property that is the subject of the proposed

2025

amendment is not located within an area of critical state

2026

concern, unless the project subject to the proposed amendment

2027

involves the construction of affordable housing units meeting the

2028

criteria of s. 420.0004(3), and is located within an area of

2029

critical state concern designated by s. 380.0552 or by the

2030

Administration Commission pursuant to s. 380.05(1). Such

2031

amendment is not subject to the density limitations of sub-

2032

subparagraph f., and shall be reviewed by the state land planning

2033

agency for consistency with the principles for guiding

2034

development applicable to the area of critical state concern

2035

where the amendment is located and is shall not become effective

2036

until a final order is issued under s. 380.05(6).

2037

     f.  If the proposed amendment involves a residential land

2038

use, the residential land use has a density of 10 units or less

2039

per acre or the proposed future land use category allows a

2040

maximum residential density of the same or less than the maximum

2041

residential density allowable under the existing future land use

2042

category, except that this limitation does not apply to small

2043

scale amendments involving the construction of affordable housing

2044

units meeting the criteria of s. 420.0004(3) on property which

2045

will be the subject of a land use restriction agreement, or small

2046

scale amendments described in sub-sub-subparagraph a.(I) that are

2047

designated in the local comprehensive plan for urban infill,

2048

urban redevelopment, or downtown revitalization as defined in s.

2049

163.3164, urban infill and redevelopment areas designated under

2050

s. 163.2517, transportation concurrency exception areas approved

2051

pursuant to s. 163.3180(5), or regional activity centers and

2052

urban central business districts approved pursuant to s.

2053

380.06(2)(e).

2054

     2.a.  A local government that proposes to consider a plan

2055

amendment pursuant to this paragraph is not required to comply

2056

with the procedures and public notice requirements of s.

2057

163.3184(15)(c) for such plan amendments if the local government

2058

complies with the provisions in s. 125.66(4)(a) for a county or

2059

in s. 166.041(3)(c) for a municipality. If a request for a plan

2060

amendment under this paragraph is initiated by other than the

2061

local government, public notice is required.

2062

     b.  The local government shall send copies of the notice and

2063

amendment to the state land planning agency, the regional

2064

planning council, and any other person or entity requesting a

2065

copy. This information shall also include a statement identifying

2066

any property subject to the amendment that is located within a

2067

coastal high-hazard area as identified in the local comprehensive

2068

plan.

2069

     3.  Small scale development amendments adopted pursuant to

2070

this paragraph require only one public hearing before the

2071

governing board, which shall be an adoption hearing as described

2072

in s. 163.3184(7), and are not subject to the requirements of s.

2073

163.3184(3)-(6) unless the local government elects to have them

2074

subject to those requirements.

2075

     4.  If the small scale development amendment involves a site

2076

within an area that is designated by the Governor as a rural area

2077

of critical economic concern under s. 288.0656(7) for the

2078

duration of such designation, the 10-acre limit listed in

2079

subparagraph 1. shall be increased by 100 percent to 20 acres.

2080

The local government approving the small scale plan amendment

2081

shall certify to the Office of Tourism, Trade, and Economic

2082

Development that the plan amendment furthers the economic

2083

objectives set forth in the executive order issued under s.

2084

288.0656(7), and the property subject to the plan amendment shall

2085

undergo public review to ensure that all concurrency requirements

2086

and federal, state, and local environmental permit requirements

2087

are met.

2088

     (e)(d) Any comprehensive plan amendment required by a

2089

compliance agreement pursuant to s. 163.3184(16) may be approved

2090

without regard to statutory limits on the frequency of adoption

2091

of amendments to the comprehensive plan.

2092

     (e) A comprehensive plan amendment for location of a state

2093

correctional facility. Such an amendment may be made at any time

2094

and does not count toward the limitation on the frequency of plan

2095

amendments.

2096

     (f)  Any comprehensive plan amendment that changes the

2097

schedule in the capital improvements element, and any amendments

2098

directly related to the schedule, may be made once in a calendar

2099

year on a date different from the one time two times provided in

2100

this subsection if when necessary to coincide with the adoption

2101

of the local government's budget and capital improvements

2102

program.

2103

     (g) Any local government comprehensive plan amendments

2104

directly related to proposed redevelopment of brownfield areas

2105

designated under s. 376.80 may be approved without regard to

2106

statutory limits on the frequency of consideration of amendments

2107

to the local comprehensive plan.

2108

     (h) Any comprehensive plan amendments for port

2109

transportation facilities and projects that are eligible for

2110

funding by the Florida Seaport Transportation and Economic

2111

Development Council pursuant to s. 311.07.

2112

     (i) A comprehensive plan amendment for the purpose of

2113

designating an urban infill and redevelopment area under s.

2114

163.2517 may be approved without regard to the statutory limits

2115

on the frequency of amendments to the comprehensive plan.

2116

     (h)(j) Any comprehensive plan amendment to establish public

2117

school concurrency pursuant to s. 163.3180(13), including, but

2118

not limited to, adoption of a public school facilities element

2119

pursuant to s. 163.3177(12) and adoption of amendments to the

2120

capital improvements element and intergovernmental coordination

2121

element. In order to ensure the consistency of local government

2122

public school facilities elements within a county, such elements

2123

must shall be prepared and adopted on a similar time schedule.

2124

     (i) A local government comprehensive plan amendment adopted

2125

pursuant to a final order issued by the Administration Commission

2126

or Florida Land and Water Adjudicatory Commission.

2127

     (j) A future land use map amendment of up to 20 acres

2128

within an area designated by the Governor as a rural area of

2129

critical economic concern under s. 288.0656(7) for the duration

2130

of such designation. Before the adoption of such an amendment,

2131

the local government shall obtain from the Office of Tourism,

2132

Trade, and Economic Development written certification that the

2133

plan amendment furthers the economic objectives set forth in the

2134

executive order issued under s. 288.0656(7). The property subject

2135

to the plan amendment is subject to all concurrency requirements

2136

and federal, state, and local environmental permit requirements.

2137

     (k) A future land use map amendment and any associated

2138

special area policies that are for affordable housing and qualify

2139

for expedited review under s. 163.32461.

2140

     (k) A local comprehensive plan amendment directly related

2141

to providing transportation improvements to enhance life safety

2142

on Controlled Access Major Arterial Highways identified in the

2143

Florida Intrastate Highway System, in counties as defined in s.

2144

125.011, where such roadways have a high incidence of traffic

2145

accidents resulting in serious injury or death. Any such

2146

amendment shall not include any amendment modifying the

2147

designation on a comprehensive development plan land use map nor

2148

any amendment modifying the allowable densities or intensities of

2149

any land.

2150

     (l) A comprehensive plan amendment to adopt a public

2151

educational facilities element pursuant to s. 163.3177(12) and

2152

future land-use-map amendments for school siting may be approved

2153

notwithstanding statutory limits on the frequency of adopting

2154

plan amendments.

2155

     (m) A comprehensive plan amendment that addresses criteria

2156

or compatibility of land uses adjacent to or in close proximity

2157

to military installations in a local government's future land use

2158

element does not count toward the limitation on the frequency of

2159

the plan amendments.

2160

     (n) Any local government comprehensive plan amendment

2161

establishing or implementing a rural land stewardship area

2162

pursuant to the provisions of s. 163.3177(11)(d).

2163

     (o) A comprehensive plan amendment that is submitted by an

2164

area designated by the Governor as a rural area of critical

2165

economic concern under s. 288.0656(7) and that meets the economic

2166

development objectives may be approved without regard to the

2167

statutory limits on the frequency of adoption of amendments to

2168

the comprehensive plan.

2169

     (p) Any local government comprehensive plan amendment that

2170

is consistent with the local housing incentive strategies

2171

identified in s. 420.9076 and authorized by the local government.

2172

     (3)(2) Comprehensive plans may only be amended in such a

2173

way as to preserve the internal consistency of the plan pursuant

2174

to s. 163.3177(2). Corrections, updates, or modifications of

2175

current costs which were set out as part of the comprehensive

2176

plan shall not, for the purposes of this act, be deemed to be

2177

amendments.

2178

     (4)(3)(a) The state land planning agency shall not review

2179

or issue a notice of intent for small scale development

2180

amendments which satisfy the requirements of paragraph (2)(d)

2181

(1)(c). Any affected person may file a petition with the Division

2182

of Administrative Hearings pursuant to ss. 120.569 and 120.57 to

2183

request a hearing to challenge the compliance of a small scale

2184

development amendment with this act within 30 days following the

2185

local government's adoption of the amendment, shall serve a copy

2186

of the petition on the local government, and shall furnish a copy

2187

to the state land planning agency. An administrative law judge

2188

shall hold a hearing in the affected jurisdiction not less than

2189

30 days nor more than 60 days following the filing of a petition

2190

and the assignment of an administrative law judge. The parties to

2191

a hearing held pursuant to this subsection are shall be the

2192

petitioner, the local government, and any intervenor. In the

2193

proceeding, the local government's determination that the small

2194

scale development amendment is in compliance is presumed to be

2195

correct. The local government's determination shall be sustained

2196

unless it is shown by a preponderance of the evidence that the

2197

amendment is not in compliance with the requirements of this act.

2198

In any proceeding initiated pursuant to this subsection, the

2199

state land planning agency may intervene.

2200

     (b)1.  If the administrative law judge recommends that the

2201

small scale development amendment be found not in compliance, the

2202

administrative law judge shall submit the recommended order to

2203

the Administration Commission for final agency action. If the

2204

administrative law judge recommends that the small scale

2205

development amendment be found in compliance, the administrative

2206

law judge shall submit the recommended order to the state land

2207

planning agency.

2208

     2.  If the state land planning agency determines that the

2209

plan amendment is not in compliance, the agency shall submit,

2210

within 30 days following its receipt, the recommended order to

2211

the Administration Commission for final agency action. If the

2212

state land planning agency determines that the plan amendment is

2213

in compliance, the agency shall enter a final order within 30

2214

days following its receipt of the recommended order.

2215

     (c) Small scale development amendments are shall not become

2216

effective until 31 days after adoption. If challenged within 30

2217

days after adoption, small scale development amendments are shall

2218

not become effective until the state land planning agency or the

2219

Administration Commission, respectively, issues a final order

2220

determining that the adopted small scale development amendment is

2221

in compliance. However, such an amendment is not effective until

2222

the state land planning agency has certified to the local

2223

government that the amendment qualifies as a small scale

2224

development amendment under this subsection. The state land

2225

planning agency must provide this certification or the reason why

2226

the amendment does not qualify to the local government in writing

2227

within 30 days after receipt of the amendment from the local

2228

government pursuant to s. 163.3187(1)(d)2.b.

2229

     (5)(4) Each governing body shall transmit to the state land

2230

planning agency a current copy of its comprehensive plan not

2231

later than December 1, 1985. Each governing body shall also

2232

transmit copies of any amendments it adopts to its comprehensive

2233

plan so as to continually update the plans on file with the state

2234

land planning agency.

2235

     (6)(5) Nothing in this part is intended to prohibit or

2236

limit the authority of local governments to require that a person

2237

requesting an amendment pay some or all of the cost of public

2238

notice.

2239

     (7)(6)(a) A No local government may not amend its

2240

comprehensive plan after the date established by the state land

2241

planning agency for adoption of its evaluation and appraisal

2242

report unless it has submitted its report or addendum to the

2243

state land planning agency as prescribed by s. 163.3191, except

2244

for plan amendments described in paragraph (2)(c) (1)(b) or

2245

paragraph (2)(g) (1)(h).

2246

     (b)  A local government may amend its comprehensive plan

2247

after it has submitted its adopted evaluation and appraisal

2248

report and for a period of 1 year after the initial determination

2249

of sufficiency regardless of whether the report has been

2250

determined to be insufficient.

2251

     (c)  A local government may not amend its comprehensive

2252

plan, except for plan amendments described in paragraph (2)(c)

2253

(1)(b), if the 1-year period after the initial sufficiency

2254

determination of the report has expired and the report has not

2255

been determined to be sufficient.

2256

     (d)  When the state land planning agency has determined that

2257

the report has sufficiently addressed all pertinent provisions of

2258

s. 163.3191, the local government may amend its comprehensive

2259

plan without the limitations imposed by paragraph (a) or

2260

paragraph (c).

2261

     (e)  Any plan amendment which a local government attempts to

2262

adopt in violation of paragraph (a) or paragraph (c) is invalid,

2263

but such invalidity may be overcome if the local government

2264

readopts the amendment and transmits the amendment to the state

2265

land planning agency pursuant to s. 163.3184(7) after the report

2266

is determined to be sufficient.

2267

     Section 10.  Section 163.3245, Florida Statutes, is amended

2268

to read:

2269

     163.3245  Optional sector plans.--

2270

     (1) In recognition of the benefits of large-scale

2271

conceptual long-range planning for the buildout of an area, and

2272

detailed planning for specific areas, as a demonstration project,

2273

the requirements of s. 380.06 may be addressed as identified by

2274

this section for up to five local governments or combinations of

2275

local governments may which adopt into their the comprehensive

2276

plans plan an optional sector plan in accordance with this

2277

section. This section is intended to further the intent of s.

2278

163.3177(11), which supports innovative and flexible planning and

2279

development strategies, and the purposes of this part, and part I

2280

of chapter 380, and to avoid duplication of effort in terms of

2281

the level of data and analysis required for a development of

2282

regional impact, while ensuring the adequate mitigation of

2283

impacts to applicable regional resources and facilities,

2284

including those within the jurisdiction of other local

2285

governments, as would otherwise be provided. Optional sector

2286

plans are intended for substantial geographic areas which include

2287

including at least 10,000 contiguous 5,000 acres of one or more

2288

local governmental jurisdictions and are to emphasize urban form

2289

and protection of regionally significant resources and

2290

facilities. The state land planning agency may approve optional

2291

sector plans of less than 5,000 acres based on local

2292

circumstances if it is determined that the plan would further the

2293

purposes of this part and part I of chapter 380. Preparation of

2294

an optional sector plan is authorized by agreement between the

2295

state land planning agency and the applicable local governments

2296

under s. 163.3171(4). An optional sector plan may be adopted

2297

through one or more comprehensive plan amendments under s.

2298

163.3184. However, an optional sector plan may not be authorized

2299

in an area of critical state concern.

2300

     (2) The state land planning agency may enter into an

2301

agreement to authorize preparation of an optional sector plan

2302

upon the request of one or more local governments based on

2303

consideration of problems and opportunities presented by existing

2304

development trends; the effectiveness of current comprehensive

2305

plan provisions; the potential to further the state comprehensive

2306

plan, applicable strategic regional policy plans, this part, and

2307

part I of chapter 380; and those factors identified by s.

2308

163.3177(10)(i). The applicable regional planning council shall

2309

conduct a scoping meeting with affected local governments and

2310

those agencies identified in s. 163.3184(4) before the local

2311

government may consider the sector plan amendments for

2312

transmittal execution of the agreement authorized by this

2313

section. The purpose of this meeting is to assist the state land

2314

planning agency and the local government in identifying the

2315

identification of the relevant planning issues to be addressed

2316

and the data and resources available to assist in the preparation

2317

of the subsequent plan amendments. The regional planning council

2318

shall make written recommendations to the state land planning

2319

agency and affected local governments relating to , including

2320

whether a sustainable sector plan would be appropriate. The

2321

agreement must define the geographic area to be subject to the

2322

sector plan, the planning issues that will be emphasized,

2323

requirements for intergovernmental coordination to address

2324

extrajurisdictional impacts, supporting application materials

2325

including data and analysis, and procedures for public

2326

participation. An agreement may address previously adopted sector

2327

plans that are consistent with the standards in this section.

2328

Before executing an agreement under this subsection, the local

2329

government shall hold a duly noticed public workshop to review

2330

and explain to the public the optional sector planning process

2331

and the terms and conditions of the proposed agreement. The local

2332

government shall hold a duly noticed public hearing to execute

2333

the agreement. All meetings between the state land planning

2334

agency department and the local government must be open to the

2335

public.

2336

     (3)  Optional sector planning encompasses two levels:

2337

adoption under s. 163.3184 of a conceptual long-term overlay plan

2338

as part of buildout overlay to the comprehensive plan, having no

2339

immediate effect on the issuance of development orders or the

2340

applicability of s. 380.06, and adoption under s. 163.3184 of

2341

detailed specific area plans that implement the conceptual long-

2342

term overlay plan buildout overlay and authorize issuance of

2343

development orders, and within which s. 380.06 is waived. Upon

2344

adoption of a conceptual long-term overlay plan, the underlying

2345

future land use designations may be used only if consistent with

2346

the plan and its implementing goals, objectives, and policies.

2347

Until such time as a detailed specific area plan is adopted, the

2348

underlying future land use designations apply.

2349

     (a)  In addition to the other requirements of this chapter,

2350

a conceptual long-term overlay plan adopted pursuant to s.

2351

163.3184 buildout overlay must include maps and text supported by

2352

data and analysis that address the following:

2353

     1. A long-range conceptual overlay plan framework map that,

2354

at a minimum, identifies the maximum and minimum amounts,

2355

densities, intensities, and types of allowable development and

2356

generally depicts anticipated areas of urban, agricultural,

2357

rural, and conservation land use.

2358

     2. A general identification of regionally significant

2359

public facilities consistent with chapter 9J-2, Florida

2360

Administrative Code, irrespective of local governmental

2361

jurisdiction, necessary to support buildout of the anticipated

2362

future land uses, and policies setting forth the procedures to be

2363

used to address and mitigate these impacts as part of the

2364

adoption of detailed specific area plans.

2365

     3. A general identification of regionally significant

2366

natural resources and policies ensuring the protection and

2367

conservation of these resources consistent with chapter 9J-2,

2368

Florida Administrative Code.

2369

     4.  Principles and guidelines that address the urban form

2370

and interrelationships of anticipated future land uses, and a

2371

discussion, at the applicant's option, of the extent, if any, to

2372

which the plan will address restoring key ecosystems, achieving a

2373

more clean, healthy environment, limiting urban sprawl within the

2374

sector plan and surrounding area, providing affordable and

2375

workforce housing, promoting energy efficient land use patterns,

2376

protecting wildlife and natural areas, advancing the efficient

2377

use of land and other resources, and creating quality communities

2378

and jobs.

2379

     5.  Identification of general procedures to ensure

2380

intergovernmental coordination to address extrajurisdictional

2381

impacts from the long-range conceptual overlay framework map.

2382

     (b)  In addition to the other requirements of this chapter,

2383

including those in paragraph (a), the detailed specific area

2384

plans must include:

2385

     1.  An area of adequate size to accommodate a level of

2386

development which achieves a functional relationship between a

2387

full range of land uses within the area and encompasses to

2388

encompass at least 1,000 acres. The state land planning agency

2389

may approve detailed specific area plans of less than 1,000 acres

2390

based on local circumstances if it is determined that the plan

2391

furthers the purposes of this part and part I of chapter 380.

2392

     2. Detailed identification and analysis of the minimum and

2393

maximum amounts, densities, intensities, distribution, extent,

2394

and location of future land uses.

2395

     3.  Detailed identification of regionally significant public

2396

facilities, including public facilities outside the jurisdiction

2397

of the host local government, anticipated impacts of future land

2398

uses on those facilities, and required improvements consistent

2399

with the policies accompanying the plan and, for transportation,

2400

with rule 9J-2.045 chapter 9J-2, Florida Administrative Code.

2401

     4.  Public facilities necessary for the short term,

2402

including developer contributions in a financially feasible 5-

2403

year capital improvement schedule of the affected local

2404

government.

2405

     5.  Detailed analysis and identification of specific

2406

measures to assure the protection of regionally significant

2407

natural resources and other important resources both within and

2408

outside the host jurisdiction, including those regionally

2409

significant resources identified in chapter 9J-2, Florida

2410

Administrative Code.

2411

     6.  Principles and guidelines that address the urban form

2412

and interrelationships of anticipated future land uses and a

2413

discussion, at the applicant's option, of the extent, if any, to

2414

which the plan will address restoring key ecosystems, achieving a

2415

more clean, healthy environment, limiting urban sprawl, providing

2416

affordable and workforce housing, promoting energy efficient land

2417

use patterns, protecting wildlife and natural areas, advancing

2418

the efficient use of land and other resources, and creating

2419

quality communities and jobs.

2420

     7.  Identification of specific procedures to ensure

2421

intergovernmental coordination that addresses to address

2422

extrajurisdictional impacts of the detailed specific area plan.

2423

     (c) This subsection does may not be construed to prevent

2424

preparation and approval of the optional sector plan and detailed

2425

specific area plan concurrently or in the same submission.

2426

     (4) The host local government shall submit a monitoring

2427

report to the state land planning agency and applicable regional

2428

planning council on an annual basis after adoption of a detailed

2429

specific area plan. The annual monitoring report must provide

2430

summarized information on development orders issued, development

2431

that has occurred, public facility improvements made, and public

2432

facility improvements anticipated over the upcoming 5 years.

2433

     (5) If When a plan amendment adopting a detailed specific

2434

area plan has become effective under ss. 163.3184 and

2435

163.3189(2), the provisions of s. 380.06 do not apply to

2436

development within the geographic area of the detailed specific

2437

area plan. However, any development-of-regional-impact

2438

development order that is vested from the detailed specific area

2439

plan may be enforced under s. 380.11.

2440

     (a)  The local government adopting the detailed specific

2441

area plan is primarily responsible for monitoring and enforcing

2442

the detailed specific area plan. Local governments may shall not

2443

issue any permits or approvals or provide any extensions of

2444

services to development that are not consistent with the detailed

2445

sector area plan.

2446

     (b)  If the state land planning agency has reason to believe

2447

that a violation of any detailed specific area plan, or of any

2448

agreement entered into under this section, has occurred or is

2449

about to occur, it may institute an administrative or judicial

2450

proceeding to prevent, abate, or control the conditions or

2451

activity creating the violation, using the procedures in s.

2452

380.11.

2453

     (c) In instituting an administrative or judicial proceeding

2454

involving an optional sector plan or detailed specific area plan,

2455

including a proceeding pursuant to paragraph (b), the complaining

2456

party shall comply with the requirements of s. 163.3215(4), (5),

2457

(6), and (7).

2458

     (6) Beginning December 1, 1999, and each year thereafter,

2459

the department shall provide a status report to the Legislative

2460

Committee on Intergovernmental Relations regarding each optional

2461

sector plan authorized under this section.

2462

     (5)(7) This section does may not be construed to abrogate

2463

the rights of any person under this chapter.

2464

     Section 11.  Section 163.3246, Florida Statutes, is amended

2465

to read:

2466

     163.3246  Local Government Comprehensive Planning

2467

Certification Program.--

2468

     (1) The Legislature finds that There is created the Local

2469

Government Comprehensive Planning Certification Program has had a

2470

low level of interest from and participation by local

2471

governments. New approaches, such as the Alternative State Review

2472

Process Pilot Program, provide a more effective approach to

2473

expediting and streamlining comprehensive plan amendment review.

2474

Therefore, the Local Government Comprehensive Planning

2475

Certification Program is discontinued and no additional local

2476

governments may be certified. The municipalities of Freeport,

2477

Lakeland, Miramar, and Orlando may continue to adopt amendments

2478

in accordance with this section and their certification agreement

2479

or certification notice. to be administered by the Department of

2480

Community Affairs. The purpose of the program is to create a

2481

certification process for local governments who identify a

2482

geographic area for certification within which they commit to

2483

directing growth and who, because of a demonstrated record of

2484

effectively adopting, implementing, and enforcing its

2485

comprehensive plan, the level of technical planning experience

2486

exhibited by the local government, and a commitment to implement

2487

exemplary planning practices, require less state and regional

2488

oversight of the comprehensive plan amendment process. The

2489

purpose of the certification area is to designate areas that are

2490

contiguous, compact, and appropriate for urban growth and

2491

development within a 10-year planning timeframe. Municipalities

2492

and counties are encouraged to jointly establish the

2493

certification area, and subsequently enter into joint

2494

certification agreement with the department.

2495

     (2) In order to be eligible for certification under the

2496

program, the local government must:

2497

     (a) Demonstrate a record of effectively adopting,

2498

implementing, and enforcing its comprehensive plan;

2499

     (b) Demonstrate technical, financial, and administrative

2500

expertise to implement the provisions of this part without state

2501

oversight;

2502

     (c) Obtain comments from the state and regional review

2503

agencies regarding the appropriateness of the proposed

2504

certification;

2505

     (d) Hold at least one public hearing soliciting public

2506

input concerning the local government's proposal for

2507

certification; and

2508

     (e) Demonstrate that it has adopted programs in its local

2509

comprehensive plan and land development regulations which:

2510

     1. Promote infill development and redevelopment, including

2511

prioritized and timely permitting processes in which applications

2512

for local development permits within the certification area are

2513

acted upon expeditiously for proposed development that is

2514

consistent with the local comprehensive plan.

2515

     2. Promote the development of housing for low-income and

2516

very-low-income households or specialized housing to assist

2517

elderly and disabled persons to remain at home or in independent

2518

living arrangements.

2519

     3. Achieve effective intergovernmental coordination and

2520

address the extrajurisdictional effects of development within the

2521

certified area.

2522

     4. Promote economic diversity and growth while encouraging

2523

the retention of rural character, where rural areas exist, and

2524

the protection and restoration of the environment.

2525

     5. Provide and maintain public urban and rural open space

2526

and recreational opportunities.

2527

     6. Manage transportation and land uses to support public

2528

transit and promote opportunities for pedestrian and nonmotorized

2529

transportation.

2530

     7. Use design principles to foster individual community

2531

identity, create a sense of place, and promote pedestrian-

2532

oriented safe neighborhoods and town centers.

2533

     8. Redevelop blighted areas.

2534

     9. Adopt a local mitigation strategy and have programs to

2535

improve disaster preparedness and the ability to protect lives

2536

and property, especially in coastal high-hazard areas.

2537

     10. Encourage clustered, mixed-use development that

2538

incorporates greenspace and residential development within

2539

walking distance of commercial development.

2540

     11. Encourage urban infill at appropriate densities and

2541

intensities and separate urban and rural uses and discourage

2542

urban sprawl while preserving public open space and planning for

2543

buffer-type land uses and rural development consistent with their

2544

respective character along and outside the certification area.

2545

     12. Assure protection of key natural areas and agricultural

2546

lands that are identified using state and local inventories of

2547

natural areas. Key natural areas include, but are not limited to:

2548

     a. Wildlife corridors.

2549

     b. Lands with high native biological diversity, important

2550

areas for threatened and endangered species, species of special

2551

concern, migratory bird habitat, and intact natural communities.

2552

     c. Significant surface waters and springs, aquatic

2553

preserves, wetlands, and outstanding Florida waters.

2554

     d. Water resources suitable for preservation of natural

2555

systems and for water resource development.

2556

     e. Representative and rare native Florida natural systems.

2557

     13. Ensure the cost-efficient provision of public

2558

infrastructure and services.

2559

     (3) Portions of local governments located within areas of

2560

critical state concern cannot be included in a certification

2561

area.

2562

     (4) A local government or group of local governments

2563

seeking certification of all or part of a jurisdiction or

2564

jurisdictions must submit an application to the department which

2565

demonstrates that the area sought to be certified meets the

2566

criteria of subsections (2) and (5). The application shall

2567

include copies of the applicable local government comprehensive

2568

plan, land development regulations, interlocal agreements, and

2569

other relevant information supporting the eligibility criteria

2570

for designation. Upon receipt of a complete application, the

2571

department must provide the local government with an initial

2572

response to the application within 90 days after receipt of the

2573

application.

2574

     (5) If the local government meets the eligibility criteria

2575

of subsection (2), the department shall certify all or part of a

2576

local government by written agreement, which shall be considered

2577

final agency action subject to challenge under s. 120.569.

2578

     (1) The agreement or notice must include the following

2579

components:

2580

     (a)  The basis for certification.

2581

     (b)  The boundary of the certification area, which

2582

encompasses areas that are contiguous, compact, appropriate for

2583

urban growth and development, and in which public infrastructure

2584

exists is existing or is planned within a 10-year planning

2585

timeframe. The certification area must is required to include

2586

sufficient land to accommodate projected population growth,

2587

housing demand, including choice in housing types and

2588

affordability, job growth and employment, appropriate densities

2589

and intensities of use to be achieved in new development and

2590

redevelopment, existing or planned infrastructure, including

2591

transportation and central water and sewer facilities. The

2592

certification area must be adopted as part of the local

2593

government's comprehensive plan.

2594

     (c)  A demonstration that the capital improvements plan

2595

governing the certified area is updated annually.

2596

     (d)  A visioning plan or a schedule for the development of a

2597

visioning plan.

2598

     (e)  A description of baseline conditions related to the

2599

evaluation criteria in paragraph (g) in the certified area.

2600

     (f)  A work program setting forth specific planning

2601

strategies and projects that will be undertaken to achieve

2602

improvement in the baseline conditions as measured by the

2603

criteria identified in paragraph (g).

2604

     (g)  Criteria to evaluate the effectiveness of the

2605

certification process in achieving the community-development

2606

goals for the certification area including:

2607

     1.  Measuring the compactness of growth, expressed as the

2608

ratio between population growth and land consumed;

2609

     2.  Increasing residential density and intensities of use;

2610

     3.  Measuring and reducing vehicle miles traveled and

2611

increasing the interconnectedness of the street system,

2612

pedestrian access, and mass transit;

2613

     4.  Measuring the balance between the location of jobs and

2614

housing;

2615

     5.  Improving the housing mix within the certification area,

2616

including the provision of mixed-use neighborhoods, affordable

2617

housing, and the creation of an affordable housing program if

2618

such a program is not already in place;

2619

     6.  Promoting mixed-use developments as an alternative to

2620

single-purpose centers;

2621

     7.  Promoting clustered development having dedicated open

2622

space;

2623

     8.  Linking commercial, educational, and recreational uses

2624

directly to residential growth;

2625

     9.  Reducing per capita water and energy consumption;

2626

     10.  Prioritizing environmental features to be protected and

2627

adopting measures or programs to protect identified features;

2628

     11.  Reducing hurricane shelter deficits and evacuation

2629

times and implementing the adopted mitigation strategies; and

2630

     12.  Improving coordination between the local government and

2631

school board.

2632

     (h)  A commitment to change any land development regulations

2633

that restrict compact development and adopt alternative design

2634

codes that encourage desirable densities and intensities of use

2635

and patterns of compact development identified in the agreement.

2636

     (i)  A plan for increasing public participation in

2637

comprehensive planning and land use decisionmaking which includes

2638

outreach to neighborhood and civic associations through community

2639

planning initiatives.

2640

     (j)  A demonstration that the intergovernmental coordination

2641

element of the local government's comprehensive plan includes

2642

joint processes for coordination between the school board and

2643

local government pursuant to s. 163.3177(6)(h)2. and other

2644

requirements of law.

2645

     (k)  A method of addressing the extrajurisdictional effects

2646

of development within the certified area, which is integrated by

2647

amendment into the intergovernmental coordination element of the

2648

local government comprehensive plan.

2649

     (l) A requirement for the annual reporting to the state

2650

land planning agency department of plan amendments adopted during

2651

the year, and the progress of the local government in meeting the

2652

terms and conditions of the certification agreement. Prior to the

2653

deadline for the annual report, the local government must hold a

2654

public hearing soliciting public input on the progress of the

2655

local government in satisfying the terms of the certification

2656

agreement.

2657

     (m) An expiration date that is within no later than 10

2658

years after execution of the agreement or notice.

2659

     (6) The department may enter up to eight new certification

2660

agreements each fiscal year. The department shall adopt

2661

procedural rules governing the application and review of local

2662

government requests for certification. Such procedural rules may

2663

establish a phased schedule for review of local government

2664

requests for certification.

2665

     (3)(7) The state land planning agency department shall

2666

revoke the local government's certification if it determines that

2667

the local government is not substantially complying with the

2668

terms of the agreement or notice.

2669

     (4)(8) An affected person, as defined in s. 163.3184(1) by

2670

s. 163.3184(1)(a), may petition for an administrative hearing

2671

alleging that a local government is not substantially complying

2672

with the terms of the agreement or notice, using the procedures

2673

and timeframes for notice and conditions precedent described in

2674

s. 163.3213. Such a petition must be filed within 30 days after

2675

the annual public hearing required by paragraph (2)(l) (5)(l).

2676

     (5)(9)(a) Upon certification all comprehensive plan

2677

amendments associated with the area certified must be adopted and

2678

reviewed in the manner described in ss. 163.3184(1), (2), (7),

2679

(14), (15), and (16) and 163.3187, such that state and regional

2680

agency review is eliminated. The state land planning agency

2681

department may not issue any objections, recommendations, and

2682

comments report on proposed plan amendments or a notice of intent

2683

on adopted plan amendments; however, affected persons, as defined

2684

in s. 163.3184(1) by s. 163.3184(1)(a), may file a petition for

2685

administrative review pursuant to the requirements of s.

2686

163.3187(3)(a) to challenge the compliance of an adopted plan

2687

amendment.

2688

     (b)  Plan amendments that change the boundaries of the

2689

certification area; propose a rural land stewardship area

2690

pursuant to s. 163.3177(11)(d); propose an optional sector plan

2691

pursuant to s. 163.3245; propose a school facilities element;

2692

update a comprehensive plan based on an evaluation and appraisal

2693

report; impact lands outside the certification boundary;

2694

implement new statutory requirements that require specific

2695

comprehensive plan amendments; or increase hurricane evacuation

2696

times or the need for shelter capacity on lands within the

2697

coastal high-hazard area shall be reviewed pursuant to ss.

2698

163.3184 and 163.3187.

2699

     (10) Notwithstanding subsections (2), (4), (5), (6), and

2700

(7), any municipality designated as a rural area of critical

2701

economic concern pursuant to s. 288.0656 which is located within

2702

a county eligible to levy the Small County Surtax under s.

2703

212.055(3) shall be considered certified during the effectiveness

2704

of the designation of rural area of critical economic concern.

2705

The state land planning agency shall provide a written notice of

2706

certification to the local government of the certified area,

2707

which shall be considered final agency action subject to

2708

challenge under s. 120.569. The notice of certification shall

2709

include the following components:

2710

     (a) The boundary of the certification area.

2711

     (b) A requirement that the local government submit either

2712

an annual or biennial monitoring report to the state land

2713

planning agency according to the schedule provided in the written

2714

notice. The monitoring report shall, at a minimum, include the

2715

number of amendments to the comprehensive plan adopted by the

2716

local government, the number of plan amendments challenged by an

2717

affected person, and the disposition of those challenges.

2718

     (11) If the local government of an area described in

2719

subsection (10) does not request that the state land planning

2720

agency review the developments of regional impact that are

2721

proposed within the certified area, an application for approval

2722

of a development order within the certified area shall be exempt

2723

from review under s. 380.06, subject to the following:

2724

     (a) Concurrent with filing an application for development

2725

approval with the local government, a developer proposing a

2726

project that would have been subject to review pursuant to s.

2727

380.06 shall notify in writing the regional planning council with

2728

jurisdiction.

2729

     (b) The regional planning council shall coordinate with the

2730

developer and the local government to ensure that all concurrency

2731

requirements as well as federal, state, and local environmental

2732

permit requirements are met.

2733

     (6)(12) A local government's certification shall be

2734

reviewed by the local government and the state land planning

2735

agency department as part of the evaluation and appraisal process

2736

pursuant to s. 163.3191. Within 1 year after the deadline for the

2737

local government to update its comprehensive plan based on the

2738

evaluation and appraisal report, the state land planning agency

2739

department shall renew or revoke the certification. The local

2740

government's failure to adopt a timely evaluation and appraisal

2741

report, failure to adopt an evaluation and appraisal report found

2742

to be sufficient, or failure to timely adopt amendments based on

2743

an evaluation and appraisal report found to be in compliance by

2744

the state land planning agency department shall be cause for

2745

revoking the certification agreement or notice. The state land

2746

planning agency's department's decision to renew or revoke is

2747

shall be considered agency action subject to challenge under s.

2748

120.569.

2749

     (13) The department shall, by July 1 of each odd-numbered

2750

year, submit to the Governor, the President of the Senate, and

2751

the Speaker of the House of Representatives a report listing

2752

certified local governments, evaluating the effectiveness of the

2753

certification, and including any recommendations for legislative

2754

actions.

2755

     (14) The Office of Program Policy Analysis and Government

2756

Accountability shall prepare a report evaluating the

2757

certification program, which shall be submitted to the Governor,

2758

the President of the Senate, and the Speaker of the House of

2759

Representatives by December 1, 2007.

2760

     Section 12.  Section 163.32461, Florida Statutes, is created

2761

to read:

2762

     163.32461 Affordable housing growth strategies.--

2763

     (1) LEGISLATIVE INTENT.--The Legislature recognizes the

2764

acute need to increase the availability of affordable housing in

2765

the state consistent this section, the state comprehensive plan,

2766

and the State Housing Strategy Act. The Legislature also

2767

recognizes that construction costs increase as the result of

2768

regulatory delays in approving the development of affordable

2769

housing. The Legislature further recognizes that the state's

2770

growth management laws can be amended in a manner that encourages

2771

the development of affordable housing. Therefore, it is the

2772

intent of the Legislature that state review of comprehensive plan

2773

amendments and local government review of development proposals

2774

that provide for affordable housing be streamlined and expedited.

2775

     (2) DEFINITIONS.--For purposes of this section, the term:

2776

     (a) "Density bonus" means an increase in the number of on-

2777

site, market-rate units that provide an incentive for the

2778

construction of affordable housing.

2779

     (b) "Development" has the same meaning as in s. 380.04.

2780

     (c) "Long-term affordable housing unit" means housing that

2781

is affordable to individuals or families whose total annual

2782

household income does not exceed 120 percent of the area median

2783

income adjusted for household size or, if located in a county in

2784

which the median purchase price for an existing single-family

2785

home exceeds the statewide median purchase price for such home,

2786

does not exceed 140 percent of the area median income adjusted

2787

for family size. The unit shall be subject to a rental, deed, or

2788

other restriction to ensure that it meets the income limits

2789

provided in this paragraph for at least 30 years.

2790

     (3) EXPEDITED REVIEW IN COUNTIES HAVING A POPULATION

2791

GREATER THAN 75,000.--In counties having a population greater

2792

than 75,000 and municipalities within those counties, a future

2793

land use map amendment for a proposed residential development or

2794

mixed-use development requiring that at least 15 percent of the

2795

residential units are long-term affordable housing units is

2796

subject to the alternative state review process in s.

2797

163.32465(3)-(6). Any special area plan policies or map notations

2798

directly related to the map amendment may be adopted at the same

2799

time and in the same manner as the map amendment.

2800

     (4) OPTIONAL EXPEDITED REVIEW IN COUNTIES HAVING A

2801

POPULATION OF FEWER THAN 75,000.--In a county having a population

2802

of fewer than 75,000, a future land use map amendment for a

2803

proposed residential development or mixed-use development is

2804

subject to the alternative state review process in s.

2805

163.32465(3)-(6) if:

2806

     (a) The development is located in an area identified as

2807

appropriate for affordable housing in an adopted rural sub-

2808

element that meets the requirements of s. 163.3177(6)(a); and

2809

     (b) The amendment requires that at least 15 percent of the

2810

residential units are long-term affordable housing units. Any

2811

special area plan policies or map notations directly related to

2812

the map amendment may be adopted at the same time and in the same

2813

manner as the map amendment. The state land planning agency shall

2814

provide funding, contingent upon a legislative appropriation, to

2815

counties that undertake the process of preparing a rural sub-

2816

element that satisfies the requirements of s. 163.3177(6)(a).

2817

     (5) UNIFIED APPLICATION AND EXPEDITED REVIEW.--

2818

     (a) Each local government shall by July 1, 2009, establish

2819

a process for the unified and expedited review of an application

2820

for development approval for a residential development or mixed-

2821

use development in which at least 15 percent of the residential

2822

units are long-term affordable housing units. The process shall

2823

combine plan amendment and rezoning approval at the local level

2824

and shall include, at a minimum:

2825

     1. A unified application. Each local government shall

2826

provide for a unified application for all comprehensive plan

2827

amendments and rezonings related to a residential development or

2828

mixed-use development in which at least 15 percent of the

2829

residential units are long-term affordable housing units. Local

2830

governments are encouraged to adopt requirements for a

2831

preapplication conference with an applicant to coordinate the

2832

completion and submission of the application. Local governments

2833

are also encouraged to assign the coordination for review of a

2834

unified application to one employee.

2835

     2. Procedures for expedited review. Each local government

2836

shall adopt procedures that require an expedited review of a

2837

unified application. At a minimum, these procedures must ensure

2838

that:

2839

     a. Within 10 days after receiving a unified application,

2840

the local government provides written notification to an

2841

applicant stating the application is complete or requests in

2842

writing any specific information needed to complete the

2843

application.

2844

     b. The local planning agency holds its hearing on a unified

2845

application and the governing body of the local government holds

2846

its first public hearing on whether to transmit the comprehensive

2847

plan amendment portion of a unified application under s.

2848

163.32465(4)(a) within 45 days after the application is

2849

determined to be complete.

2850

     c. For plan amendments that have been transmitted to the

2851

state land planning agency under sub-subparagraph b., the

2852

governing body of a local government shall hold its second public

2853

hearing on whether to adopt the comprehensive plan amendment

2854

simultaneously with a hearing on any necessary rezoning ordinance

2855

within 30 days after the expiration of the 30-day period allowed

2856

for receipt of agency comments under s. 163.32465(4)(b).

2857

     (b) This subsection does not apply to development within a

2858

rural land-stewardship area, coastal high-hazard area, an area of

2859

critical state concern, or on lands identified as environmentally

2860

sensitive in the local comprehensive plan.

2861

     (6) EXPEDITED SUBDIVISIONS, SITE PLANS, AND BUILDING

2862

PERMITS.--Each local government shall adopt procedures to ensure

2863

that applications for subdivision, site plan approval, and

2864

building permits for a development in which 15 percent of the

2865

units are long-term affordable housing units are approved,

2866

approved with conditions, or denied within a specified number of

2867

days that is 50 percent of the average number of days the local

2868

government normally takes to process such application.

2869

     (7) REQUIRED DENSITY BONUSES FOR DONATED LAND.--Each local

2870

government shall amend its comprehensive plan by July 1, 2009, to

2871

provide a 15-percent density bonus if the land is donated for the

2872

development of affordable housing. The comprehensive plan shall

2873

establish a minimum number of acres that must be donated in order

2874

to receive the bonus.

2875

     (a) The density bonus:

2876

     1. Must be a 15 percent increase above the allowable number

2877

of residential units and shall apply to land identified by the

2878

developer and approved by the local government;

2879

     2. May be used only on land within an area designated as an

2880

urban service area in the local comprehensive plan; and

2881

     3. May not be used on land within a coastal high-hazard

2882

area or an area of critical state concern or on lands identified

2883

as environmentally sensitive in the local comprehensive plan.

2884

     (b) The land donated for affordable housing does not have

2885

to be collocated with the land receiving the density bonus, but

2886

both parcels must be located within the local government's

2887

jurisdiction for the density bonus to apply. The donated land

2888

must be suitable for development as housing and must be conveyed

2889

to the local government in fee simple. The local government may

2890

transfer all or a portion of the donated land to a nonprofit

2891

organization, such as a community land trust, housing authority,

2892

or community redevelopment agency to be used for the development

2893

and preservation of permanently affordable housing in a project

2894

in which at least 30 percent of the residential units are

2895

affordable.

2896

     (8) REQUIRED DENSITY BONUSES.--Each local government shall

2897

amend its comprehensive plan by July 1, 2009, to provide a 15-

2898

percent density bonus above the allowable number of residential

2899

units for a residential development or a mixed-use development

2900

that is located within 2 miles of an existing employment center

2901

or an employment center that has received site plan approval. At

2902

least 15 percent of any residential units allowed under the

2903

density bonus must be long-term affordable housing units.

2904

     (a) The density bonus:

2905

     1. May be used only on land within an area designated as an

2906

urban service area in the local comprehensive plan; and

2907

     2. May not be used on land within a coastal high-hazard area

2908

or an area of critical state concern or on lands identified as

2909

environmentally sensitive in the local comprehensive plan.

2910

     (b) For purposes of this subsection, the term "employment

2911

center" means a place of employment, or multiple places of

2912

employment that are contiguously located, which employ 100 or

2913

more full-time employees and is located within an urban service

2914

area, approved sector plan, or area designated as a rural area of

2915

critical economic concern under s. 288.0656.

2916

     (9) CALCULATION OF AFFORDABLE UNITS.--When calculating the

2917

number of long-term affordable housing units under this section,

2918

a fraction of 0.5 or more shall be rounded up to the next whole

2919

number and a fraction of less than 0.5 shall be rounded down to

2920

the next lower whole number.

2921

     (10) PENALTY.-- As a precondition to receiving any state

2922

affordable housing funding or allocation for any project or

2923

program within the local government's jurisdiction, a local

2924

government must, by July 1 of each year, provide certification

2925

that the local government is in compliance with this section.

2926

     Section 13.  Paragraphs (a) and (b) of subsection (1),

2927

subsections (2) and (3), paragraph (b) of subsection (4),

2928

paragraph (a) of subsection (5), paragraph (g) of subsection (6),

2929

and subsection (8) of section 163.32465, Florida Statutes, are

2930

amended to read:

2931

     163.32465  State review of local comprehensive plans in

2932

urban areas.--

2933

     (1)  LEGISLATIVE FINDINGS.--

2934

     (a)  The Legislature finds that local governments in this

2935

state have a wide diversity of resources, conditions, abilities,

2936

and needs. The Legislature also finds that the needs and

2937

resources of urban areas are different from those of rural areas

2938

and that different planning and growth management approaches,

2939

strategies, and techniques are required in urban areas. The state

2940

role in overseeing growth management should reflect this

2941

diversity and should vary based on local government conditions,

2942

capabilities, needs, and the extent and type of development.

2943

Therefore Thus, the Legislature recognizes and finds that reduced

2944

state oversight of local comprehensive planning is justified for

2945

some local governments in urban areas and for certain types of

2946

development.

2947

     (b) The Legislature finds and declares that this state's

2948

urban areas require a reduced level of state oversight because of

2949

their high degree of urbanization and the planning capabilities

2950

and resources of many of their local governments. An alternative

2951

state review process that is adequate to protect issues of

2952

regional or statewide importance should be created for

2953

appropriate local governments in these areas and for certain

2954

types of development. Further, the Legislature finds that

2955

development, including urban infill and redevelopment, should be

2956

encouraged in these urban areas. The Legislature finds that an

2957

alternative process for amending local comprehensive plans in

2958

these areas should be established with an objective of

2959

streamlining the process and recognizing local responsibility and

2960

accountability.

2961

     (2)  ALTERNATIVE STATE REVIEW PROCESS PILOT

2962

PROGRAM.--Pinellas and Broward Counties, and the municipalities

2963

within these counties, and Jacksonville, Miami, Tampa, and

2964

Hialeah shall follow the an alternative state review process

2965

provided in this section. Municipalities within the pilot

2966

counties may elect, by super majority vote of the governing body,

2967

not to participate in the pilot program. The alternative state

2968

review process shall also apply to:

2969

     (a) Future land use map amendments and associated special

2970

area policies within areas designated in a comprehensive plan for

2971

downtown revitalization pursuant to s. 163.3164(25), urban

2972

redevelopment pursuant to s. 163.3164(26), urban infill

2973

development pursuant to s. 163.3164(27), urban infill and

2974

redevelopment pursuant to s. 163.2517, or an urban service area

2975

pursuant to s. 163.3180(5)(b)5;

2976

     (b) Affordable housing amendments that qualify under s.

2977

163.32461; and

2978

     (c) Future land use map amendments within an area

2979

designated by the Governor as a rural area of critical economic

2980

concern under s. 288.0656(7) for the duration of such

2981

designation. Before the adoption of such an amendment, the local

2982

government must obtain written certification from the Office of

2983

Tourism, Trade, and Economic Development that the plan amendment

2984

furthers the economic objectives set forth in the executive order

2985

issued under s. 288.0656(7).

2986

     (3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS

2987

UNDER THE PILOT PROGRAM.--

2988

     (a)  Plan amendments adopted by the pilot program

2989

jurisdictions shall follow the alternate, expedited process in

2990

subsections (4) and (5), except as set forth in paragraphs (b)-

2991

(f) (b)-(e) of this subsection.

2992

     (b)  Amendments that qualify as small-scale development

2993

amendments may continue to be adopted by the pilot program

2994

jurisdictions pursuant to s. 163.3187(1)(d) 163.3187(1)(c) and

2995

(3).

2996

     (c)  Plan amendments that propose a rural land stewardship

2997

area pursuant to s. 163.3177(11)(d); propose an optional sector

2998

plan; update a comprehensive plan based on an evaluation and

2999

appraisal report; implement new statutory requirements not

3000

previously incorporated into a comprehensive plan; or new plans

3001

for newly incorporated municipalities are subject to state review

3002

as set forth in s. 163.3184.

3003

     (d) Pilot program jurisdictions are shall be subject to the

3004

frequency, voting, and timing requirements for plan amendments

3005

set forth in ss. 163.3187 and 163.3191, except as where otherwise

3006

stated in this section.

3007

     (e)  The mediation and expedited hearing provisions in s.

3008

163.3189(3) apply to all plan amendments adopted by the pilot

3009

program jurisdictions.

3010

     (f) All amendments adopted under this section must comply

3011

with ss. 163.3184(3)(a) and 163.3184(15)(b)2.

3012

     (4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR

3013

PILOT PROGRAM.--

3014

     (b)  The agencies and local governments specified in

3015

paragraph (a) may provide comments regarding the amendment or

3016

amendments to the local government. The regional planning council

3017

review and comment shall be limited to effects on regional

3018

resources or facilities identified in the strategic regional

3019

policy plan and extrajurisdictional impacts that would be

3020

inconsistent with the comprehensive plan of the affected local

3021

government. A regional planning council may shall not review and

3022

comment on a proposed comprehensive plan amendment prepared by

3023

such council unless the plan amendment has been changed by the

3024

local government subsequent to the preparation of the plan

3025

amendment by the regional planning council. County comments on

3026

municipal comprehensive plan amendments shall be primarily in the

3027

context of the relationship and effect of the proposed plan

3028

amendments on the county plan. Municipal comments on county plan

3029

amendments shall be primarily in the context of the relationship

3030

and effect of the amendments on the municipal plan. State agency

3031

comments may include technical guidance on issues of agency

3032

jurisdiction as it relates to the requirements of this part. Such

3033

comments must shall clearly identify issues that, if not

3034

resolved, may result in an agency challenge to the plan

3035

amendment. For the purposes of this pilot program, agencies are

3036

encouraged to focus potential challenges on issues of regional or

3037

statewide importance. Agencies and local governments must

3038

transmit their comments to the affected local government, if

3039

issued, within 30 days after such that they are received by the

3040

local government not later than thirty days from the date on

3041

which the state land planning agency notifies the affected local

3042

government that the plan amendment package is complete agency or

3043

government received the amendment or amendments. Any comments

3044

from the agencies and local governments must also be transmitted

3045

to the state land planning agency.

3046

     (5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT

3047

AREAS.--

3048

     (a)  The local government shall hold its second public

3049

hearing, which shall be a hearing on whether to adopt one or more

3050

comprehensive plan amendments, on a weekday at least 5 days after

3051

the day the second advertisement is published pursuant to the

3052

requirements of chapter 125 or chapter 166. Adoption of

3053

comprehensive plan amendments must be by ordinance and requires

3054

an affirmative vote of a majority of the members of the governing

3055

body present at the second hearing. The hearing must be conducted

3056

and the amendment adopted within 120 days after receipt of the

3057

agency comments pursuant to s. 163.3246(4)(b). If a local

3058

government fails to adopt the plan amendment within the timeframe

3059

set forth in this subsection, the plan amendment is deemed

3060

abandoned and the plan amendment may not be considered until the

3061

next available amendment cycle pursuant to s. 163.3187.

3062

     (6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT

3063

PROGRAM.--

3064

     (g)  An amendment adopted under the expedited provisions of

3065

this section shall not become effective until completion of the

3066

time period available to the state land planning agency for

3067

administrative challenge under s. 163.32465(6)(a) 31 days after

3068

adoption. If timely challenged, an amendment shall not become

3069

effective until the state land planning agency or the

3070

Administration Commission enters a final order determining that

3071

the adopted amendment is to be in compliance.

3072

     (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.--The state land

3073

planning agency may adopt procedural Agencies shall not

3074

promulgate rules to administer implement this section pilot

3075

program.

3076

     Section 14.  Section 166.0451, Florida Statutes, is

3077

renumbered as section 163.32432, Florida Statutes, and amended to

3078

read:

3079

     163.32432 166.0451 Disposition of municipal property for

3080

affordable housing.--

3081

     (1)  By July 1, 2007, and every 3 years thereafter, each

3082

municipality shall prepare an inventory list of all real property

3083

within its jurisdiction to which the municipality holds fee

3084

simple title that is appropriate for use as affordable housing.

3085

The inventory list must include the address and legal description

3086

of each such property and specify whether the property is vacant

3087

or improved. The governing body of the municipality must review

3088

the inventory list at a public hearing and may revise it at the

3089

conclusion of the public hearing. Following the public hearing,

3090

the governing body of the municipality shall adopt a resolution

3091

that includes an inventory list of such property.

3092

     (2)  The properties identified as appropriate for use as

3093

affordable housing on the inventory list adopted by the

3094

municipality may be offered for sale and the proceeds may be used

3095

to purchase land for the development of affordable housing or to

3096

increase the local government fund earmarked for affordable

3097

housing, or may be sold with a restriction that requires the

3098

development of the property as permanent affordable housing, or

3099

may be donated to a nonprofit housing organization for the

3100

construction of permanent affordable housing. Alternatively, the

3101

municipality may otherwise make the property available for use

3102

for the production and preservation of permanent affordable

3103

housing. For purposes of this section, the term "affordable" has

3104

the same meaning as in s. 420.0004(3).

3105

     (3) As a precondition to receiving any state affordable

3106

housing funding or allocation for any project or program within

3107

the municipality's jurisdiction, a municipality must, by July 1

3108

of each year, provide certification that the inventory and any

3109

update required by this section is complete.

3110

     Section 15.  Paragraph (c) of subsection (18) of section

3111

1002.33, Florida Statutes, is amended to read:

3112

     1002.33  Charter schools.--

3113

     (18)  FACILITIES.--

3114

     (c)  Any facility, or portion thereof, used to house a

3115

charter school whose charter has been approved by the sponsor and

3116

the governing board, pursuant to subsection (7), is shall be

3117

exempt from ad valorem taxes pursuant to s. 196.1983. Library,

3118

community service, museum, performing arts, theatre, cinema,

3119

church, community college, college, and university facilities may

3120

provide space to charter schools within their facilities if such

3121

use is consistent with the local comprehensive plan under their

3122

preexisting zoning and land use designations.

3123

     Section 16.  Subsection (7) of section 163.32465, Florida

3124

Statutes, is amended to read:

3125

     163.32465  State review of local comprehensive plans in

3126

urban areas.--

3127

     (7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL

3128

GOVERNMENTS.--Local governments and specific areas that are have

3129

been designated for alternate review process pursuant to ss.

3130

163.3246 and 163.3184(17) and (18) are not subject to this

3131

section.

3132

     Section 17.  Subsection (5) and paragraph (d) of subsection

3133

(12) of section 288.975, Florida Statutes, are amended to read:

3134

     288.975  Military base reuse plans.--

3135

     (5)  At the discretion of the host local government, the

3136

provisions of this act may be complied with through the adoption

3137

of the military base reuse plan as a separate component of the

3138

local government comprehensive plan or through simultaneous

3139

amendments to all pertinent portions of the local government

3140

comprehensive plan. Once adopted and approved in accordance with

3141

this section, the military base reuse plan shall be considered to

3142

be part of the host local government's comprehensive plan and

3143

shall be thereafter implemented, amended, and reviewed in

3144

accordance with the provisions of part II of chapter 163. Local

3145

government comprehensive plan amendments necessary to initially

3146

adopt the military base reuse plan shall be exempt from the

3147

limitation on the frequency of plan amendments contained in s.

3148

163.3187(2).

3149

     (12)  Following receipt of a petition, the petitioning party

3150

or parties and the host local government shall seek resolution of

3151

the issues in dispute. The issues in dispute shall be resolved as

3152

follows:

3153

     (d)  Within 45 days after receiving the report from the

3154

state land planning agency, the Administration Commission shall

3155

take action to resolve the issues in dispute. In deciding upon a

3156

proper resolution, the Administration Commission shall consider

3157

the nature of the issues in dispute, any requests for a formal

3158

administrative hearing pursuant to chapter 120, the compliance of

3159

the parties with this section, the extent of the conflict between

3160

the parties, the comparative hardships and the public interest

3161

involved. If the Administration Commission incorporates in its

3162

final order a term or condition that requires any local

3163

government to amend its local government comprehensive plan, the

3164

local government shall amend its plan within 60 days after the

3165

issuance of the order. Such amendment or amendments shall be

3166

exempt from the limitation of the frequency of plan amendments

3167

contained in s. 163.3187(2), and A public hearing on such

3168

amendment or amendments pursuant to s. 163.3184(15)(b)1. is shall

3169

not be required. The final order of the Administration Commission

3170

is subject to appeal pursuant to s. 120.68. If the order of the

3171

Administration Commission is appealed, the time for the local

3172

government to amend its plan is shall be tolled during the

3173

pendency of any local, state, or federal administrative or

3174

judicial proceeding relating to the military base reuse plan.

3175

     Section 18.  Paragraph (l) of subsection (24) of section

3176

380.06, Florida Statutes, is amended to read:

3177

     380.06  Developments of regional impact.--

3178

     (24)  STATUTORY EXEMPTIONS.--

3179

     (l)  Any proposed development within an urban service

3180

boundary established as part of a local comprehensive plan under

3181

s. 163.3177 s. 163.3177(14) is exempt from the provisions of

3182

this section if the local government having jurisdiction over the

3183

area where the development is proposed has adopted the urban

3184

service boundary, has entered into a binding agreement with

3185

jurisdictions that would be impacted and with the Department of

3186

Transportation regarding the mitigation of impacts on state and

3187

regional transportation facilities, and has adopted a

3188

proportionate share methodology pursuant to s. 163.3180(16).

3189

3190

If a use is exempt from review as a development of regional

3191

impact under paragraphs (a)-(t), but will be part of a larger

3192

project that is subject to review as a development of regional

3193

impact, the impact of the exempt use must be included in the

3194

review of the larger project.

3195

     Section 19. Sections 339.282 and 420.615, Florida Statutes,

3196

are repealed.

3197

     Section 20.  This act shall take effect July 1, 2008.

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