January 24, 2021
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Florida Senate - 2008 CS for SB 474

By the Committee on Community Affairs; and Senator Garcia

578-07330A-08 2008474c1

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A bill to be entitled

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An act relating to growth management; amending s. 70.51,

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F.S.; deleting an exemption from the limitation on the

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frequency of amendments of comprehensive plans;

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transferring, renumbering, and amending s. 125.379, F.S.;

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requiring counties to certify that they have prepared a

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list of county-owned property appropriate for affordable

8

housing before obtaining certain funding; amending s.

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163.3174, F.S.; prohibiting the members of the local

10

governing body from serving on the local planning agency;

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providing an exception; amending s. 163.3177, F.S.;

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requiring coordination of the local comprehensive plan

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with a school district's educational facilities plan;

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including a provision encouraging rural counties to adopt

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

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prohibiting local comprehensive plans from imposing

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certain standards or development conditions inconsistent

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with certain requirements of law or state requirements for

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educational facilities or with maintaining financially

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feasible school district facilities work plans; requiring

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certain counties to certify that they have adopted a plan

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for ensuring affordable workforce housing before obtaining

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certain funding; requiring the housing element of the

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comprehensive plan to address senior affordable housing;

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authorizing the state land planning agency to amend

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administrative rules relating to planning criteria to

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allow for varying local conditions; deleting exemptions

28

from the limitation on the frequency of plan amendments;

29

deleting provisions encouraging local governments to

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develop a community vision and to designate an urban

31

service boundary; amending s. 163.31771, F.S.; requiring a

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local government to amend its comprehensive plan to allow

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accessory dwelling units in an area zoned for single-

34

family residential use; prohibiting such units from being

35

treated as new units if there is a land use restriction

36

agreement that restricts use to affordable housing;

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prohibiting accessory dwelling units from being located on

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certain land; amending s. 163.3178, F.S.; revising

39

provisions relating to coastal management and coastal

40

high-hazard areas; providing factors for demonstrating the

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compliance of a comprehensive plan amendment with rule

42

provisions relating to coastal areas; amending s.

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163.3180, F.S.; revising concurrency requirements;

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specifying municipal areas for transportation concurrency

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exception areas; revising provisions relating to the

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Strategic Intermodal System; deleting a requirement for

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local governments to annually submit a summary of de

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minimus records; providing additional requirements for

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school concurrency service areas and contiguous service

50

areas; providing a minimum state availability standard for

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school concurrency; extending the deadline for local

52

governments to adopt a public school facilities element

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and interlocal agreement; providing that a developer may

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not be required to reduce or eliminate backlog or address

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class size reduction; requiring charter schools to be

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considered as a mitigation option under certain

57

circumstances; limiting the circumstances under which a

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local government may deny a development permit or

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comprehensive plan amendment based on school concurrency;

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requiring school districts to include relocatables in

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their calculation of school capacity in certain

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circumstances; requiring consistency between a school

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impact fee and an adopted school concurrency ordinance;

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absolving a developer from responsibility for mitigating

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school concurrency backlogs or addressing class size;

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authorizing a methodology based on vehicle and miles

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traveled for calculating proportionate fair-share

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methodology; providing transportation concurrency

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incentives for private developers; deleting an exemption

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from transportation concurrency provided to certain

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workforce housing; requiring proportionate-share

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mitigation for developments of regional impact to be based

73

on the existing level of service or the adopted level-of-

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service standard, whichever is less; defining the term

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"backlogged transportation facility"; providing for

76

recommendations for the establishment of a uniform

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mobility fee methodology to replace the current

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transportation concurrency management system; amending s.

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163.3184, F.S.; requiring that potential applicants for a

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future land use map amendment conduct a meeting to

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present, discuss, and solicit public comment on the

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proposed amendment; requiring that such meeting be

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conducted before the application is filed; providing

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notice and procedure requirements for such meetings;

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providing for applicability of such requirements;

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requiring that applicants conduct a second meeting within

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a specified period before the local government's scheduled

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adoption hearing; providing for notice of such meeting;

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requiring that an applicant file with the local government

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a written certification attesting to certain information;

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exempting small-scale amendments from requirements related

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to meetings; revising a time period for comments on plan

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amendments; revising a time period for requesting state

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planning agency review of plan amendments; revising a time

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period for the state land planning agency to identify

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written comments on plan amendments for local governments;

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providing that an amendment is deemed abandoned under

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certain circumstances; authorizing the state land planning

99

agency to grant extensions; requiring that a comprehensive

100

plan or amendment to be adopted be available to the

101

public; prohibiting certain types of changes to a plan

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amendment during a specified period before the hearing

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thereupon; requiring that the local government certify

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certain information to the state land planning agency;

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deleting exemptions from the limitation on the frequency

106

of amendments of comprehensive plans; deleting provisions

107

relating to community vision and urban boundary amendments

108

to conform to changes made by the act; amending s.

109

163.3187, F.S.; providing that comprehensive plan

110

amendments may be adopted by simple majority vote of the

111

governing body of the applicable local government;

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requiring a super majority vote of such persons for the

113

adoption of certain amendments; authorizing local

114

governments to transmit and adopt certain plan amendments

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twice per calendar year; authorizing local governments to

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transmit and adopt certain plan amendments at any time

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during a calendar year without regard for restrictions on

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frequency; deleting certain types of amendments from the

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list of amendments eligible for adoption at any time

120

during a calendar year; deleting exemptions from frequency

121

limitations; providing circumstances under which small-

122

scale amendments become effective; amending s. 163.3245,

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F.S.; revising provisions relating to optional sector

124

plans; authorizing all local government to adopt optional

125

sector plans into their comprehensive plan; increasing the

126

size of the area to which sector plans apply; deleting

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certain restrictions on a local government upon entering

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into sector plans; deleting an annual monitoring report

129

submitted by a host local government that has adopted a

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sector plan and a status report submitted by the

131

department on optional sector plans; amending s. 163.3246,

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F.S.; discontinuing the Local Government Comprehensive

133

Planning Certification Program except for currently

134

certified local governments; retaining an exemption from

135

DRI review for a certified community in certain

136

circumstances; creating s. 163.32461, F.S.; providing

137

expedited affordable housing growth strategies; providing

138

legislative intent; providing definitions; providing an

139

optional expedited review for certain future land use map

140

amendments; providing procedures for such review;

141

providing for the expedited review of subdivision, site

142

plans, and building permits; providing for density bonuses

143

for certain land uses; amending s. 163.32465, F.S.;

144

revising provisions relating to the state review of

145

comprehensive plans; providing additional types of

146

amendments to which the alternative state review applies;

147

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

148

municipalities to certify that they have prepared a list

149

of county-owned property appropriate for affordable

150

housing before obtaining certain funding; amending s.

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253.034, F.S.; requiring that a manager of conservation

152

lands report to the Board of Trustees of the Internal

153

Improvement Trust Fund at specified intervals regarding

154

those lands not being used for the purpose for which they

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were originally leased; requiring that the Division of

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State Lands annually submit to the President of the Senate

157

and the Speaker of the House of Representatives a copy of

158

the state inventory identifying all nonconservation lands;

159

requiring the division to publish a copy of the annual

160

inventory on its website and notify by electronic mail the

161

executive head of the governing body of each local

162

government having lands in the inventory within its

163

jurisdiction; amending s. 288.975, F.S.; deleting

164

exemptions from the frequency limitations on comprehensive

165

plan amendments; amending s. 380.06, F.S.; providing an

166

exception from development-of-regional-impact review;

167

providing a 3-year extension for the buildout,

168

commencement, and expiration dates of developments of

169

regional impact and Florida Quality Developments,

170

including associated local permits; providing that all

171

transportation impacts for a phase or stage of a

172

development of regional impact shall be deemed mitigated

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under certain circumstances; amending s. 380.0651, F.S.;

174

providing an exemption from development-of-regional impact

175

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

176

from providing space to charter schools unless such use is

177

consistent with the local comprehensive plan; creating s.

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1011.775, F.S.; requiring that each district school board

179

prepare an inventory list of certain real property on or

180

before a specified date and at specified intervals

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thereafter; requiring that such list include certain

182

information; requiring that the district school board

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review the list at a public meeting and make certain

184

determinations; requiring that the board state its

185

intended use for certain property; authorizing the board

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to revise the list at the conclusion of the public

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meeting; requiring that the board adopt a resolution;

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authorizing the board to offer certain properties for sale

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and use the proceeds for specified purposes; authorizing

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the board to make the property available for the

191

production and preservation of permanent affordable

192

housing; defining the term "affordable" for specified

193

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

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transportation concurrency incentives; repealing s.

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

196

donation density bonus incentives; amending s. 1013.33,

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F.S.; prohibiting the imposition of standards and

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conditions exceeding certain requirements for an

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educational facilities or school district facilities work

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plan under certain circumstances; providing an exception;

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amending s. 1013.372, F.S.; requiring that certain charter

202

schools serve as public shelters at the request of the

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local emergency management agency; amending ss. 163.3217,

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163.3182, and 171.203, F.S.; deleting exemptions from the

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limitation on the frequency of amendments of comprehensive

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plans; providing an effective date.

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

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     Section 1.  Subsection (26) of section 70.51, Florida

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Statutes, is amended to read:

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     70.51  Land use and environmental dispute resolution.--

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     (26)  A special magistrate's recommendation under this

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section constitutes data in support of, and a support document

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for, a comprehensive plan or comprehensive plan amendment, but is

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not, in and of itself, dispositive of a determination of

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compliance with chapter 163. Any comprehensive plan amendment

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necessary to carry out the approved recommendation of a special

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magistrate under this section is exempt from the twice-a-year

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limit on plan amendments and may be adopted by the local

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government amendments in s. 163.3184(16)(d).

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     Section 2.  Section 125.379, Florida Statutes, is

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transferred, renumbered as section 163.32431, Florida Statutes,

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and amended to read:

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     163.32431 125.379 Disposition of county property for

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affordable housing.--

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

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county shall prepare an inventory list of all real property

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within its jurisdiction to which the county holds fee simple

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title that is appropriate for use as affordable housing. The

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inventory list must include the address and legal description of

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each such real property and specify whether the property is

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

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

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conclusion of the public hearing. The governing body of the

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county shall adopt a resolution that includes an inventory list

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of the such property following the public hearing.

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     (2)  The properties identified as appropriate for use as

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affordable housing on the inventory list adopted by the county

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

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for the development of affordable housing or to increase the

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local government fund earmarked for affordable housing, or may be

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sold with a restriction that requires the development of the

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

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nonprofit housing organization for the construction of permanent

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affordable housing. Alternatively, the county may otherwise make

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the property available for use for the production and

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preservation of permanent affordable housing. For purposes of

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

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420.0004(3).

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     (3) As a precondition to receiving any state affordable

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housing funding or allocation for any project or program within a

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

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provide certification that the inventory and any update required

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by this section are complete.

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     Section 3.  Subsection (1) of section 163.3174, Florida

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Statutes, is amended to read:

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     163.3174  Local planning agency.--

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     (1)  The governing body of each local government,

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

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

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unless the agency is otherwise established by law.

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Notwithstanding any special act to the contrary, all local

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planning agencies or equivalent agencies that first review

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rezoning and comprehensive plan amendments in each municipality

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and county shall include a representative of the school district

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

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planning agency or equivalent agency to attend those meetings at

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which the agency considers comprehensive plan amendments and

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rezonings that would, if approved, increase residential density

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

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this subsection does not prevent the governing body of the local

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government from granting voting status to the school board

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

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designate itself as the local planning agency pursuant to this

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subsection, except in a municipality having a population of 5,000

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or fewer with the addition of a nonvoting school board

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representative. The local governing body shall notify the state

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land planning agency of the establishment of its local planning

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agency. All local planning agencies shall provide opportunities

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for involvement by applicable community college boards, which may

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be accomplished by formal representation, membership on technical

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advisory committees, or other appropriate means. The local

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planning agency shall prepare the comprehensive plan or plan

285

amendment after hearings to be held after public notice and shall

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make recommendations to the local governing body regarding the

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

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be a local planning commission, the planning department of the

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local government, or other instrumentality, including a

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countywide planning entity established by special act or a

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council of local government officials created pursuant to s.

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163.02, provided the composition of the council is fairly

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representative of all the governing bodies in the county or

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planning area; however:

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

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

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governing bodies to adopt and enforce a land use plan effective

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throughout the joint planning area, that entity shall be the

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agency for those local governments until such time as the

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authority of the joint planning entity is modified by law.

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

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responsibility between the county and the several municipalities

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therein shall be as stipulated in the charter.

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     Section 4.  Paragraph (b) of subsection (3), paragraph (a)

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of subsection (4), paragraphs (a), (c), (f), (g), and (h) of

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subsection (6), paragraph (e) of subsection (7), paragraph (i) of

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subsection (10), paragraph (i) of subsection (12), and

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subsections (13) and (14) of section 163.3177, Florida Statutes,

309

are amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (3)

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     (b)1.  The capital improvements element must be reviewed on

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an annual basis and modified as necessary in accordance with s.

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163.3187 or s. 163.3189 in order to maintain a financially

316

feasible 5-year schedule of capital improvements. Corrections and

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modifications concerning costs; revenue sources; or acceptance of

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facilities pursuant to dedications which are consistent with the

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plan may be accomplished by ordinance and shall not be deemed to

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be amendments to the local comprehensive plan. A copy of the

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ordinance shall be transmitted to the state land planning agency.

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An amendment to the comprehensive plan is required to update the

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schedule on an annual basis or to eliminate, defer, or delay the

324

construction for any facility listed in the 5-year schedule. All

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public facilities must be consistent with the capital

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improvements element. Amendments to implement this section must

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be adopted and transmitted no later than December 1, 2009 2008.

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Thereafter, a local government may not amend its future land use

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map, except for plan amendments to meet new requirements under

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this part and emergency amendments pursuant to s. 163.3187(1)(a),

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after December 1, 2009 2008, and every year thereafter, unless

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and until the local government has adopted the annual update and

333

it has been transmitted to the state land planning agency.

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     2.  Capital improvements element amendments adopted after

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the effective date of this act shall require only a single public

336

hearing before the governing board which shall be an adoption

337

hearing as described in s. 163.3184(7). Such amendments are not

338

subject to the requirements of s. 163.3184(3)-(6).

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     (4)(a)  Coordination of the local comprehensive plan with

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the comprehensive plans of adjacent municipalities, the county,

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adjacent counties, or the region; with the appropriate water

342

management district's regional water supply plans approved

343

pursuant to s. 373.0361; with adopted rules pertaining to

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designated areas of critical state concern; with the school

345

district's educational facilities plan approved pursuant to s.

346

1013.35; and with the state comprehensive plan shall be a major

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objective of the local comprehensive planning process. To that

348

end, in the preparation of a comprehensive plan or element

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thereof, and in the comprehensive plan or element as adopted, the

350

governing body shall include a specific policy statement

351

indicating the relationship of the proposed development of the

352

area to the comprehensive plans of adjacent municipalities, the

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county, adjacent counties, or the region and to the state

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comprehensive plan, as the case may require and as such adopted

355

plans or plans in preparation may exist.

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

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

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elements:

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     (a)  A future land use plan element designating proposed

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

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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

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encouraged to designate rural land stewardship areas, pursuant to

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

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land use map.

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

369

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

370

in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

372

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

373

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

374

supplemented by goals, policies, and measurable objectives.

375

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

376

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

377

land required to accommodate anticipated growth; the projected

378

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

379

availability of water supplies, public facilities, and services;

380

the need for redevelopment, including the renewal of blighted

381

areas and the elimination of nonconforming uses which are

382

inconsistent with the character of the community; the

383

compatibility of uses on lands adjacent to or closely proximate

384

to military installations; the discouragement of urban sprawl;

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energy-efficient land use patterns that reduce vehicle miles

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traveled; and, in rural communities, the need for job creation,

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capital investment, and economic development that will strengthen

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and diversify the community's economy.

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

390

planned development use involving combinations of types of uses

391

for which special regulations may be necessary to ensure

392

development in accord with the principles and standards of the

393

comprehensive plan and this act.

394

     4. The future land use plan element shall include criteria

395

to be used to achieve the compatibility of adjacent or closely

396

proximate lands with military installations.

397

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

398

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

399

to all lands classified in the future land use plan as

400

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

401

substantively equivalent land use. The rural sub-element shall

402

include goals, objectives, and policies that enhance rural

403

economies, promote the viability of agriculture, provide for

404

appropriate economic development, discourage urban sprawl, and

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

406

shall generally identify anticipated areas of rural,

407

agricultural, conservation, and areas that may be considered for

408

conversion to urban land use and appropriate sites for affordable

409

housing. The rural sub-element shall also generally identify

410

areas that may be considered for rural land stewardship areas,

411

sector planning, or new communities or towns in accordance with

412

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

413

communities, the amount of land designated for future planned

414

industrial use shall be based upon surveys and studies that

415

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

416

necessity to strengthen and diversify the local economies, and

417

may shall not be limited solely by the projected population of

418

the rural community.

419

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

420

areas for possible future municipal incorporation.

421

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

422

and depict historic district boundaries and shall designate

423

historically significant properties meriting protection.

424

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

425

include, without limitation, regulatory incentives and criteria

426

that encourage the preservation of recreational and commercial

427

working waterfronts as defined in s. 342.07.

428

     9. The future land use element must clearly identify the

429

land use categories in which public schools are an allowable use.

430

When delineating such the land use categories in which public

431

schools are an allowable use, a local government shall include in

432

the categories sufficient land proximate to residential

433

development to meet the projected needs for schools in

434

coordination with public school boards and may establish

435

differing criteria for schools of different type or size. Each

436

local government shall include lands contiguous to existing

437

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

438

categories in which public schools are an allowable use. The

439

failure by a local government to comply with these school siting

440

requirements will result in the prohibition of The local

441

government may not government's ability to amend the local

442

comprehensive plan, except for plan amendments described in s.

443

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

444

Amendments proposed by a local government for purposes of

445

identifying the land use categories in which public schools are

446

an allowable use are exempt from the limitation on the frequency

447

of plan amendments contained in s. 163.3187. The future land use

448

element shall include criteria that encourage the location of

449

schools proximate to urban residential areas to the extent

450

possible and shall require that the local government seek to

451

collocate public facilities, such as parks, libraries, and

452

community centers, with schools to the extent possible and to

453

encourage the use of elementary schools as focal points for

454

neighborhoods. For schools serving predominantly rural counties,

455

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

456

an agricultural land use category shall be eligible for the

457

location of public school facilities if the local comprehensive

458

plan contains school siting criteria and the location is

459

consistent with such criteria. Local governments required to

460

update or amend their comprehensive plan to include criteria and

461

address compatibility of adjacent or closely proximate lands with

462

existing military installations in their future land use plan

463

element shall transmit the update or amendment to the department

464

by June 30, 2006.

465

     (c)  A general sanitary sewer, solid waste, drainage,

466

potable water, and natural groundwater aquifer recharge element

467

correlated to principles and guidelines for future land use,

468

indicating ways to provide for future potable water, drainage,

469

sanitary sewer, solid waste, and aquifer recharge protection

470

requirements for the area. The element may be a detailed

471

engineering plan including a topographic map depicting areas of

472

prime groundwater recharge. The element shall describe the

473

problems and needs and the general facilities that will be

474

required for solution of the problems and needs. The element

475

shall also include a topographic map depicting any areas adopted

476

by a regional water management district as prime groundwater

477

recharge areas for the Floridan or Biscayne aquifers. These areas

478

shall be given special consideration when the local government is

479

engaged in zoning or considering future land use for said

480

designated areas. For areas served by septic tanks, soil surveys

481

shall be provided which indicate the suitability of soils for

482

septic tanks. Within 18 months after the governing board approves

483

an updated regional water supply plan, the element must

484

incorporate the alternative water supply project or projects

485

selected by the local government from those identified in the

486

regional water supply plan pursuant to s. 373.0361(2)(a) or

487

proposed by the local government under s. 373.0361(7)(b). If a

488

local government is located within two water management

489

districts, the local government shall adopt its comprehensive

490

plan amendment within 18 months after the later updated regional

491

water supply plan. The element must identify such alternative

492

water supply projects and traditional water supply projects and

493

conservation and reuse necessary to meet the water needs

494

identified in s. 373.0361(2)(a) within the local government's

495

jurisdiction and include a work plan, covering at least a 10 year

496

planning period, for building public, private, and regional water

497

supply facilities, including development of alternative water

498

supplies, which are identified in the element as necessary to

499

serve existing and new development. The work plan shall be

500

updated, at a minimum, every 5 years within 18 months after the

501

governing board of a water management district approves an

502

updated regional water supply plan. Amendments to incorporate the

503

work plan do not count toward the limitation on the frequency of

504

adoption of amendments to the comprehensive plan. Local

505

governments, public and private utilities, regional water supply

506

authorities, special districts, and water management districts

507

are encouraged to cooperatively plan for the development of

508

multijurisdictional water supply facilities that are sufficient

509

to meet projected demands for established planning periods,

510

including the development of alternative water sources to

511

supplement traditional sources of groundwater and surface water

512

supplies.

513

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

514

principles to be followed in:

515

     a.  The provision of housing for all current and anticipated

516

future residents of the jurisdiction.

517

     b.  The elimination of substandard dwelling conditions.

518

     c.  The structural and aesthetic improvement of existing

519

housing.

520

     d.  The provision of adequate sites for future housing,

521

including affordable workforce housing as defined in s.

522

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

523

moderate-income families, mobile homes, senior affordable

524

housing, and group home facilities and foster care facilities,

525

with supporting infrastructure and public facilities. This

526

includes compliance with the applicable public lands provision

527

under s. 163.32431 or s. 163.32432.

528

     e.  Provision for relocation housing and identification of

529

historically significant and other housing for purposes of

530

conservation, rehabilitation, or replacement.

531

     f.  The formulation of housing implementation programs.

532

     g.  The creation or preservation of affordable housing to

533

minimize the need for additional local services and avoid the

534

concentration of affordable housing units only in specific areas

535

of the jurisdiction.

536

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

537

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

538

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

539

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

540

critical state concern shall adopt a plan for ensuring affordable

541

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

542

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

543

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

544

natural persons or families whose total household income does not

545

exceed 140 percent of the area median income, adjusted for

546

household size.

547

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

548

housing funding or allocation for any project or program within

549

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

550

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

551

certification that the county has complied with the requirements

552

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

553

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

554

the local government being ineligible to receive any state

555

housing assistance grants until the requirement of sub-

556

subparagraph h. is met.

557

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

558

element must be based on the data and analysis prepared on

559

housing needs, including the affordable housing needs assessment.

560

State and federal housing plans prepared on behalf of the local

561

government must be consistent with the goals, objectives, and

562

policies of the housing element. Local governments are encouraged

563

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

564

to address a portion of their affordable housing concerns.

565

     3.2. To assist local governments in housing data collection

566

and analysis and assure uniform and consistent information

567

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

568

agency shall conduct an affordable housing needs assessment for

569

all local jurisdictions on a schedule that coordinates the

570

implementation of the needs assessment with the evaluation and

571

appraisal reports required by s. 163.3191. Each local government

572

shall use utilize the data and analysis from the needs assessment

573

as one basis for the housing element of its local comprehensive

574

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

575

perform its own needs assessment, if it uses the methodology

576

established by the agency by rule.

577

     (g)1.  For those units of local government identified in s.

578

380.24, a coastal management element, appropriately related to

579

the particular requirements of paragraphs (d) and (e) and meeting

580

the requirements of s. 163.3178(2) and (3). The coastal

581

management element shall set forth the policies that shall guide

582

the local government's decisions and program implementation with

583

respect to the following objectives:

584

     a.  Maintenance, restoration, and enhancement of the overall

585

quality of the coastal zone environment, including, but not

586

limited to, its amenities and aesthetic values.

587

     b.  Continued existence of viable populations of all species

588

of wildlife and marine life.

589

     c.  The orderly and balanced utilization and preservation,

590

consistent with sound conservation principles, of all living and

591

nonliving coastal zone resources.

592

     d.  Avoidance of irreversible and irretrievable loss of

593

coastal zone resources.

594

     e.  Ecological planning principles and assumptions to be

595

used in the determination of suitability and extent of permitted

596

development.

597

     f.  Proposed management and regulatory techniques.

598

     g.  Limitation of public expenditures that subsidize

599

development in high-hazard coastal areas.

600

     h.  Protection of human life against the effects of natural

601

disasters.

602

     i.  The orderly development, maintenance, and use of ports

603

identified in s. 403.021(9) to facilitate deepwater commercial

604

navigation and other related activities.

605

     j.  Preservation, including sensitive adaptive use of

606

historic and archaeological resources.

607

     2.  As part of this element, a local government that has a

608

coastal management element in its comprehensive plan is

609

encouraged to adopt recreational surface water use policies that

610

include applicable criteria for and consider such factors as

611

natural resources, manatee protection needs, protection of

612

working waterfronts and public access to the water, and

613

recreation and economic demands. Criteria for manatee protection

614

in the recreational surface water use policies should reflect

615

applicable guidance outlined in the Boat Facility Siting Guide

616

prepared by the Fish and Wildlife Conservation Commission. If the

617

local government elects to adopt recreational surface water use

618

policies by comprehensive plan amendment, such comprehensive plan

619

amendment is exempt from the provisions of s. 163.3187(1). Local

620

governments that wish to adopt recreational surface water use

621

policies may be eligible for assistance with the development of

622

such policies through the Florida Coastal Management Program. The

623

Office of Program Policy Analysis and Government Accountability

624

shall submit a report on the adoption of recreational surface

625

water use policies under this subparagraph to the President of

626

the Senate, the Speaker of the House of Representatives, and the

627

majority and minority leaders of the Senate and the House of

628

Representatives no later than December 1, 2010.

629

     (h)1.  An intergovernmental coordination element showing

630

relationships and stating principles and guidelines to be used in

631

the accomplishment of coordination of the adopted comprehensive

632

plan with the plans of school boards, regional water supply

633

authorities, and other units of local government providing

634

services but not having regulatory authority over the use of

635

land, with the comprehensive plans of adjacent municipalities,

636

the county, adjacent counties, or the region, with the state

637

comprehensive plan and with the applicable regional water supply

638

plan approved pursuant to s. 373.0361, as the case may require

639

and as such adopted plans or plans in preparation may exist. This

640

element of the local comprehensive plan shall demonstrate

641

consideration of the particular effects of the local plan, when

642

adopted, upon the development of adjacent municipalities, the

643

county, adjacent counties, or the region, or upon the state

644

comprehensive plan, as the case may require.

645

     a.  The intergovernmental coordination element shall provide

646

for procedures to identify and implement joint planning areas,

647

especially for the purpose of annexation, municipal

648

incorporation, and joint infrastructure service areas.

649

     b.  The intergovernmental coordination element shall provide

650

for recognition of campus master plans prepared pursuant to s.

651

1013.30 and the school district's educational facilities plan

652

approved pursuant to s. 1013.35.

653

     c.  The intergovernmental coordination element may provide

654

for a voluntary dispute resolution process as established

655

pursuant to s. 186.509 for bringing to closure in a timely manner

656

intergovernmental disputes. A local government may develop and

657

use an alternative local dispute resolution process for this

658

purpose.

659

     2.  The intergovernmental coordination element shall further

660

state principles and guidelines to be used in the accomplishment

661

of coordination of the adopted comprehensive plan with the plans

662

of school boards and other units of local government providing

663

facilities and services but not having regulatory authority over

664

the use of land. In addition, the intergovernmental coordination

665

element shall describe joint processes for collaborative planning

666

and decisionmaking on population projections and public school

667

siting, the location and extension of public facilities subject

668

to concurrency, and siting facilities with countywide

669

significance, including locally unwanted land uses whose nature

670

and identity are established in an agreement. Within 1 year of

671

adopting their intergovernmental coordination elements, each

672

county, all the municipalities within that county, the district

673

school board, and any unit of local government service providers

674

in that county shall establish by interlocal or other formal

675

agreement executed by all affected entities, the joint processes

676

described in this subparagraph consistent with their adopted

677

intergovernmental coordination elements.

678

     3.  To foster coordination between special districts and

679

local general-purpose governments as local general-purpose

680

governments implement local comprehensive plans, each independent

681

special district must submit a public facilities report to the

682

appropriate local government as required by s. 189.415.

683

     4.a.  Local governments must execute an interlocal agreement

684

with the district school board, the county, and nonexempt

685

municipalities pursuant to s. 163.31777. The local government

686

shall amend the intergovernmental coordination element to provide

687

that coordination between the local government and school board

688

is pursuant to the agreement and shall state the obligations of

689

the local government under the agreement.

690

     b.  Plan amendments that comply with this subparagraph are

691

exempt from the provisions of s. 163.3187(1).

692

     5.  The state land planning agency shall establish a

693

schedule for phased completion and transmittal of plan amendments

694

to implement subparagraphs 1., 2., and 3. from all jurisdictions

695

so as to accomplish their adoption by December 31, 1999. A local

696

government may complete and transmit its plan amendments to carry

697

out these provisions prior to the scheduled date established by

698

the state land planning agency. The plan amendments are exempt

699

from the provisions of s. 163.3187(1).

700

     6.  By January 1, 2004, any county having a population

701

greater than 100,000, and the municipalities and special

702

districts within that county, shall submit a report to the

703

Department of Community Affairs which:

704

     a.  Identifies all existing or proposed interlocal service

705

delivery agreements regarding the following: education; sanitary

706

sewer; public safety; solid waste; drainage; potable water; parks

707

and recreation; and transportation facilities.

708

     b.  Identifies any deficits or duplication in the provision

709

of services within its jurisdiction, whether capital or

710

operational. Upon request, the Department of Community Affairs

711

shall provide technical assistance to the local governments in

712

identifying deficits or duplication.

713

     7.  Within 6 months after submission of the report, the

714

Department of Community Affairs shall, through the appropriate

715

regional planning council, coordinate a meeting of all local

716

governments within the regional planning area to discuss the

717

reports and potential strategies to remedy any identified

718

deficiencies or duplications.

719

     8.  Each local government shall update its intergovernmental

720

coordination element based upon the findings in the report

721

submitted pursuant to subparagraph 6. The report may be used as

722

supporting data and analysis for the intergovernmental

723

coordination element.

724

     (7)  The comprehensive plan may include the following

725

additional elements, or portions or phases thereof:

726

     (e)  A public buildings and related facilities element

727

showing locations and arrangements of civic and community

728

centers, public schools, hospitals, libraries, police and fire

729

stations, and other public buildings. This plan element should

730

show particularly how it is proposed to effect coordination with

731

governmental units, such as school boards or hospital

732

authorities, having public development and service

733

responsibilities, capabilities, and potential but not having land

734

development regulatory authority. This element may include plans

735

for architecture and landscape treatment of their grounds, except

736

that, for public school facilities, the element shall be

737

coordinated with the public school facilities element required by

738

subsection (12) and the interlocal agreement required by s.

739

163.31777 and may not impose design standards, site plan

740

standards, or other development conditions that are inconsistent

741

with the requirements of chapter 1013 and any state requirements

742

for educational facilities or that are inconsistent with

743

maintaining a balanced, financially feasible school district

744

facilities work plan.

745

     (10)  The Legislature recognizes the importance and

746

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

747

Minimum Criteria for Review of Local Government Comprehensive

748

Plans and Determination of Compliance of the Department of

749

Community Affairs that will be used to determine compliance of

750

local comprehensive plans. The Legislature reserved unto itself

751

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

752

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

753

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

754

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

755

the following legislative intent:

756

     (i) The Legislature recognizes that due to varying local

757

conditions, local governments have different planning needs that

758

cannot be addressed by one uniform set of minimum planning

759

criteria. Therefore, the state land planning agency may amend

760

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

761

minimum criteria that are applicable to local governments based

762

on the following factors:

763

     1. Current and projected population.

764

     2. Size of the local jurisdiction.

765

     3. Amount and nature of undeveloped land.

766

     4. The scale of public services provided by the local

767

government.

768

769

The state land planning agency department shall take into account

770

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

771

Administrative Code, as it provides assistance to local

772

governments and applies the rule in specific situations with

773

regard to the detail of the data and analysis required.

774

     (12)  A public school facilities element adopted to

775

implement a school concurrency program shall meet the

776

requirements of this subsection. Each county and each

777

municipality within the county, unless exempt or subject to a

778

waiver, must adopt a public school facilities element that is

779

consistent with those adopted by the other local governments

780

within the county and enter the interlocal agreement pursuant to

781

s. 163.31777.

782

     (i)  The state land planning agency shall establish a phased

783

schedule for adoption of the public school facilities element and

784

the required updates to the public schools interlocal agreement

785

pursuant to s. 163.31777. The schedule shall provide for each

786

county and local government within the county to adopt the

787

element and update to the agreement no later than December 1,

788

2009 2008. Plan amendments to adopt a public school facilities

789

element are exempt from the provisions of s. 163.3187(1).

790

     (13) Local governments are encouraged to develop a

791

community vision that provides for sustainable growth, recognizes

792

its fiscal constraints, and protects its natural resources. At

793

the request of a local government, the applicable regional

794

planning council shall provide assistance in the development of a

795

community vision.

796

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

797

under this section, the local government must hold two public

798

meetings with at least one of those meetings before the local

799

planning agency. Before those public meetings, the local

800

government must hold at least one public workshop with

801

stakeholder groups such as neighborhood associations, community

802

organizations, businesses, private property owners, housing and

803

development interests, and environmental organizations.

804

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

805

of the following topics as part of the workshops and public

806

meetings required under paragraph (a):

807

     1. Future growth in the area using population forecasts

808

from the Bureau of Economic and Business Research;

809

     2. Priorities for economic development;

810

     3. Preservation of open space, environmentally sensitive

811

lands, and agricultural lands;

812

     4. Appropriate areas and standards for mixed-use

813

development;

814

     5. Appropriate areas and standards for high-density

815

commercial and residential development;

816

     6. Appropriate areas and standards for economic development

817

opportunities and employment centers;

818

     7. Provisions for adequate workforce housing;

819

     8. An efficient, interconnected multimodal transportation

820

system; and

821

     9. Opportunities to create land use patterns that

822

accommodate the issues listed in subparagraphs 1.-8.

823

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

824

government must discuss strategies for addressing the topics

825

discussed under paragraph (b), including:

826

     1. Strategies to preserve open space and environmentally

827

sensitive lands, and to encourage a healthy agricultural economy,

828

including innovative planning and development strategies, such as

829

the transfer of development rights;

830

     2. Incentives for mixed-use development, including

831

increased height and intensity standards for buildings that

832

provide residential use in combination with office or commercial

833

space;

834

     3. Incentives for workforce housing;

835

     4. Designation of an urban service boundary pursuant to

836

subsection (2); and

837

     5. Strategies to provide mobility within the community and

838

to protect the Strategic Intermodal System, including the

839

development of a transportation corridor management plan under s.

841

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

842

shared concept for growth and development of the community,

843

including visual representations depicting the desired land use

844

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

845

timeframe. The community vision must also take into consideration

846

economic viability of the vision and private property interests.

847

     (e) After the workshops and public meetings required under

848

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

849

comprehensive plan to include the community vision as a component

850

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

851

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

852

hearings of the governing body other than those identified in

853

paragraph (a).

854

     (f) Amendments submitted under this subsection are exempt

855

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

857

     (g) A local government that has developed a community

858

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

859

before July 1, 2005, which substantially accomplishes the goals

860

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

861

or objectives have been adopted as part of the comprehensive plan

862

or reflected in subsequently adopted land development regulations

863

and the plan amendment incorporating the community vision as a

864

component has been found in compliance is eligible for the

865

incentives in s. 163.3184(17).

866

     (14) Local governments are also encouraged to designate an

867

urban service boundary. This area must be appropriate for

868

compact, contiguous urban development within a 10-year planning

869

timeframe. The urban service area boundary must be identified on

870

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

871

demonstrate that the land included within the urban service

872

boundary is served or is planned to be served with adequate

873

public facilities and services based on the local government's

874

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

875

facilities plan in the capital improvements element which is

876

financially feasible. The local government shall demonstrate that

877

the amount of land within the urban service boundary does not

878

exceed the amount of land needed to accommodate the projected

879

population growth at densities consistent with the adopted

880

comprehensive plan within the 10-year planning timeframe.

881

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

882

boundary, the local government must hold two public meetings with

883

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

884

Before those public meetings, the local government must hold at

885

least one public workshop with stakeholder groups such as

886

neighborhood associations, community organizations, businesses,

887

private property owners, housing and development interests, and

888

environmental organizations.

889

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

890

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

891

comprehensive plan to include the urban service boundary. This

892

plan amendment must be transmitted and adopted pursuant to the

893

procedures in ss. 163.3184 and 163.3189 at meetings of the

894

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

895

     2. This subsection does not prohibit new development

896

outside an urban service boundary. However, a local government

897

that establishes an urban service boundary under this subsection

898

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

899

new development outside the boundary and to consider the results

900

of that analysis when adopting a plan amendment for property

901

outside the established urban service boundary.

902

     (c) Amendments submitted under this subsection are exempt

903

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

905

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

906

boundary before July 1, 2005, which substantially accomplishes

907

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

908

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

909

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

910

to satisfy the provisions of this paragraph, the local government

911

must secure a determination from the state land planning agency

912

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

913

substantially complies with the criteria of this subsection,

914

based on data and analysis submitted by the local government to

915

support this determination. The determination by the state land

916

planning agency is not subject to administrative challenge.

917

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

918

163.31771, Florida Statutes, are amended to read:

919

     163.31771  Accessory dwelling units.--

920

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

921

shortage of affordable rentals within its jurisdiction, the local

922

government may amend its comprehensive plan adopt an ordinance to

923

allow accessory dwelling units in any area zoned for single-

924

family residential use.

925

     (4) If the local government amends its comprehensive plan

926

pursuant to adopts an ordinance under this section, an

927

application for a building permit to construct an accessory

928

dwelling unit must include an affidavit from the applicant which

929

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

930

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

931

income person or persons.

932

     (5) Each accessory dwelling unit allowed by the

933

comprehensive plan an ordinance adopted under this section shall

934

apply toward satisfying the affordable housing component of the

935

housing element in the local government's comprehensive plan

936

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

937

recorded land use restriction agreement restricting its use to

938

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

939

purposes of transportation concurrency or impact fees. Accessory

940

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

941

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

942

identified as environmentally sensitive in the local

943

comprehensive plan.

944

     (6) The Department of Community Affairs shall evaluate the

945

effectiveness of using accessory dwelling units to address a

946

local government's shortage of affordable housing and report to

947

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

948

number of ordinances adopted by a local government under this

949

section and the number of accessory dwelling units that were

950

created under these ordinances.

951

     Section 6.  Paragraph (h) of subsection (2) and subsection

952

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

953

     163.3178  Coastal management.--

954

     (2)  Each coastal management element required by s.

955

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

956

consistent with coastal resource plans prepared and adopted

957

pursuant to general or special law; and contain:

958

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

959

criteria for mitigation for a comprehensive plan amendment in a

960

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

961

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

962

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

963

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

964

computerized storm surge model. Except as demonstrated by site-

965

specific, reliable data and analysis, the coastal high-hazard

966

area includes all lands within the area from the mean low-water

967

line to the inland extent of the category 1 storm surge area.

968

Such area is depicted by, but not limited to, the areas

969

illustrated in the most current SLOSH Storm Surge Atlas.

970

Application of mitigation and the application of development and

971

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

972

adopted thereunder, shall be at the discretion of the local

973

government.

974

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

975

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

976

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

977

in this section.

978

     (a) A proposed comprehensive plan amendment shall be found

979

in compliance with state coastal high-hazard provisions pursuant

980

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

981

     1. The area subject to the amendment is not:

982

     a. Within a designated area of critical state concern;

983

     b. Inclusive of areas within the FEMA velocity zones;

984

     c. Subject to coastal erosion;

985

     d. Seaward of the coastal construction control line; or

986

     e. Subject to repetitive damage from coastal storms and

987

floods.

988

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

989

of its comprehensive plan:

990

     a. Hazard mitigation strategies that reduce, replace, or

991

eliminate unsafe structures and properties subject to repetitive

992

losses from coastal storms or floods.

993

     b. Measures that reduce exposure to hazards including:

994

     (I) Relocation;

995

     (II) Structural modifications of threatened infrastructure;

996

     (III) Provisions for operational or capacity improvements

997

to maintain hurricane evacuation clearance times within

998

established limits; and

999

     (IV) Prohibiting public expenditures for capital

1000

improvements that subsidize increased densities and intensities

1001

of development within the coastal high-hazard area.

1002

     c. A postdisaster redevelopment plan.

1003

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

1004

hurricane evacuation clearance time is maintained for a category

1005

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

1006

adopted out-of-county hurricane evacuation clearance time does

1007

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

1008

shelter space;

1009

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

1010

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

1011

and shelter space reasonably expected to accommodate the

1012

residents of the development contemplated by a proposed

1013

comprehensive plan amendment is available; or

1014

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

1015

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

1016

achieved. will satisfy the provisions of subparagraph 1. or

1017

subparagraph 2. Appropriate mitigation shall include, without

1018

limitation, payment of money, contribution of land, and

1019

construction of hurricane shelters and transportation facilities.

1020

Required mitigation may shall not exceed the amount required for

1021

a developer to accommodate impacts reasonably attributable to

1022

development. A local government and a developer shall enter into

1023

a binding agreement to establish memorialize the mitigation plan.

1024

The executed agreement must be submitted along with the adopted

1025

plan amendment.

1026

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

1027

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

1028

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

1029

Florida Administrative Code, by following the process in

1030

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

1031

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

1032

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

1033

shelter space.

1034

     (c) This subsection applies shall become effective

1035

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

1036

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

1037

future land use map and coastal management element to include the

1038

new definition of coastal high-hazard area provided in paragraph

1039

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

1040

land use map.

1041

     Section 7.  Section 163.3180, Florida Statutes, is amended

1042

to read:

1043

     163.3180  Concurrency.--

1044

     (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.--

1045

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

1046

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

1047

transportation facilities, including mass transit, where

1048

applicable, are the only public facilities and services subject

1049

to the concurrency requirement on a statewide basis. Additional

1050

public facilities and services may not be made subject to

1051

concurrency on a statewide basis without appropriate study and

1052

approval by the Legislature; however, any local government may

1053

extend the concurrency requirement so that it applies to apply to

1054

additional public facilities within its jurisdiction.

1055

     (b) Transportation methodologies.--Local governments shall

1056

use professionally accepted techniques for measuring level of

1057

service for automobiles, bicycles, pedestrians, transit, and

1058

trucks. These techniques may be used to evaluate increased

1059

accessibility by multiple modes and reductions in vehicle miles

1060

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

1061

the Department of Transportation shall develop methodologies to

1062

assist local governments in implementing this multimodal level-

1063

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

1064

the Department of Transportation shall provide technical

1065

assistance to local governments in applying the these

1066

methodologies.

1067

     (2) PUBLIC FACILITY AVAILABILITY STANDARDS.--

1068

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

1069

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

1070

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

1071

adequate water supplies, and potable water facilities shall be in

1072

place and available to serve new development no later than the

1073

issuance by the local government of a certificate of occupancy or

1074

its functional equivalent. Prior to approval of a building permit

1075

or its functional equivalent, the local government shall consult

1076

with the applicable water supplier to determine whether adequate

1077

water supplies to serve the new development will be available by

1078

no later than the anticipated date of issuance by the local

1079

government of the a certificate of occupancy or its functional

1080

equivalent. A local government may meet the concurrency

1081

requirement for sanitary sewer through the use of onsite sewage

1082

treatment and disposal systems approved by the Department of

1083

Health to serve new development.

1084

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

1085

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

1086

parks and recreation facilities to serve new development shall be

1087

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

1088

after issuance by the local government of a certificate of

1089

occupancy or its functional equivalent. However, the acreage for

1090

such facilities must shall be dedicated or be acquired by the

1091

local government prior to issuance by the local government of the

1092

a certificate of occupancy or its functional equivalent, or funds

1093

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

1094

later than the local government's approval to commence

1095

construction.

1096

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

1097

welfare, and except as otherwise provided in this section,

1098

transportation facilities needed to serve new development must

1099

shall be in place or under actual construction within 3 years

1100

after the local government approves a building permit or its

1101

functional equivalent that results in traffic generation.

1102

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

1103

entities that are not responsible for providing, financing,

1104

operating, or regulating public facilities needed to serve

1105

development may not establish binding level-of-service standards

1106

on governmental entities that do bear those responsibilities.

1107

This subsection does not limit the authority of any agency to

1108

recommend or make objections, recommendations, comments, or

1109

determinations during reviews conducted under s. 163.3184.

1110

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

1111

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

1112

requirement as implemented in local comprehensive plans applies

1113

to state and other public facilities and development to the same

1114

extent that it applies to all other facilities and development,

1115

as provided by law.

1116

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

1117

as implemented in local comprehensive plans does not apply to

1118

public transit facilities. For the purposes of this paragraph,

1119

public transit facilities include transit stations and terminals;

1120

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

1121

transit connection or transfer facilities; fixed bus, guideway,

1122

and rail stations; and airport passenger terminals and

1123

concourses, air cargo facilities, and hangars for the maintenance

1124

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

1125

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

1126

commercial or residential development constructed in conjunction

1127

with a public transit facility.

1128

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

1129

requirement, except as it relates to transportation facilities

1130

and public schools, as implemented in local government

1131

comprehensive plans, may be waived by a local government for

1132

urban infill and redevelopment areas designated pursuant to s.

1133

163.2517 if such a waiver does not endanger public health or

1134

safety as defined by the local government in its local government

1135

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

1136

amendment using pursuant to the process set forth in s.

1137

163.3187(3)(a). A local government may grant a concurrency

1138

exception pursuant to subsection (5) for transportation

1139

facilities located within these urban infill and redevelopment

1140

areas.

1141

     (5) TRANSPORTATION CONCURRENCY EXCEPTION AREAS.--

1142

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

1143

Legislature finds that under limited circumstances dealing with

1144

transportation facilities, countervailing planning and public

1145

policy goals may come into conflict with the requirement that

1146

adequate public transportation facilities and services be

1147

available concurrent with the impacts of such development. The

1148

Legislature further finds that often the unintended result of the

1149

concurrency requirement for transportation facilities is often

1150

the discouragement of urban infill development and redevelopment.

1151

Such unintended results directly conflict with the goals and

1152

policies of the state comprehensive plan and the intent of this

1153

part. The Legislature also finds that in urban centers

1154

transportation cannot be effectively managed and mobility cannot

1155

be improved solely through the expansion of roadway capacity,

1156

that the expansion of roadway capacity is not always physically

1157

or financially possible, and that a range of transportation

1158

alternatives are essential to satisfy mobility needs, reduce

1159

congestion, and achieve healthy, vibrant centers. Therefore,

1160

transportation concurrency exception areas must achieve the goals

1161

and objectives of this part exceptions from the concurrency

1162

requirement for transportation facilities may be granted as

1163

provided by this subsection.

1164

     (b) Geographic applicability.--

1165

     1. Within municipalities, transportation concurrency

1166

exception areas are established for geographic areas identified

1167

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

1168

2008, for:

1169

     a. Urban infill development;

1170

     b. Urban redevelopment;

1171

     c. Downtown revitalization; or

1172

     d. Urban infill and redevelopment under s. 163.2517.

1173

     2. In other portions of the state, including municipalities

1174

and unincorporated areas of counties, a local government may

1175

adopt a comprehensive plan amendment establishing a

1176

transportation concurrency exception area grant an exception from

1177

the concurrency requirement for transportation facilities if the

1178

proposed development is otherwise consistent with the adopted

1179

local government comprehensive plan and is a project that

1180

promotes public transportation or is located within an area

1181

designated in the comprehensive plan for:

1182

     a.1. Urban infill development;

1183

     b.2. Urban redevelopment;

1184

     c.3. Downtown revitalization;

1185

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

1186

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

1187

transportation concurrency exception area which includes lands

1188

appropriate for compact, contiguous urban development, which does

1189

not exceed the amount of land needed to accommodate the projected

1190

population growth at densities consistent with the adopted

1191

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

1192

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

1193

services as provided by the capital improvements element.

1194

     (c) Projects having special part-time demands.--The

1195

Legislature also finds that developments located within urban

1196

infill, urban redevelopment, existing urban service, or downtown

1197

revitalization areas or areas designated as urban infill and

1198

redevelopment areas under s. 163.2517 which pose only special

1199

part-time demands on the transportation system should be excepted

1200

from the concurrency requirement for transportation facilities. A

1201

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

1202

scheduled events during any calendar year and does not affect the

1203

100 highest traffic volume hours.

1204

     (d) Long-term strategies within transportation concurrency

1205

exception areas.--Except for transportation concurrency exception

1206

areas established pursuant to subparagraph (b)1., the following

1207

requirements apply: A local government shall establish guidelines

1208

in the comprehensive plan for granting the exceptions authorized

1209

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

1210

be consistent with and support a comprehensive strategy adopted

1211

in the plan to promote the purpose of the exceptions.

1212

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

1213

implement long-term strategies to support and fund mobility

1214

within the designated exception area, including alternative modes

1215

of transportation. The plan amendment must also demonstrate how

1216

strategies will support the purpose of the exception and how

1217

mobility within the designated exception area will be provided.

1218

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

1219

appropriate land use mixes, including intensity and density; and

1220

network connectivity plans needed to promote urban infill,

1221

redevelopment, or downtown revitalization. The comprehensive plan

1222

amendment designating the concurrency exception area must be

1223

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

1224

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

1225

designation of a concurrency exception area pursuant to

1226

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

1227

Department of Transportation shall be consulted by the local

1228

government to assess the impact that the proposed exception area

1229

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

1230

established for Strategic Intermodal System facilities, as

1231

defined in s. 339.64, and roadway facilities funded in accordance

1232

with s. 339.2819 and to provide for mitigation of the impacts.

1233

Further, as a part of the comprehensive plan amendment

1234

establishing the exception area, the local government shall

1235

provide for mitigation of impacts, in consultation with the state

1236

land planning agency and the Department of Transportation,

1237

develop a plan to mitigate any impacts to the Strategic

1238

Intermodal System, including, if appropriate, access management,

1239

parallel reliever roads, transportation demand management, and

1240

other measures the development of a long-term concurrency

1241

management system pursuant to subsection (9) and s.

1242

163.3177(3)(d). The exceptions may be available only within the

1243

specific geographic area of the jurisdiction designated in the

1244

plan. Pursuant to s. 163.3184, any affected person may challenge

1245

a plan amendment establishing these guidelines and the areas

1246

within which an exception could be granted.

1247

     (g) Transportation concurrency exception areas existing

1248

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

1249

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

1250

plan update pursuant to the evaluation and appraisal report,

1251

whichever occurs last.

1252

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

1253

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

1254

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

1255

the maximum volume at the adopted level of service of the

1256

affected transportation facility as determined by the local

1257

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

1258

existing roadway volumes and the projected volumes from approved

1259

projects on a transportation facility exceeds would exceed 110

1260

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

1261

the affected transportation facility; provided however, the that

1262

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

1263

constitute a de minimis impact on all roadways regardless of the

1264

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

1265

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

1266

level-of-service standard of any affected designated hurricane

1267

evacuation routes. Each local government shall maintain

1268

sufficient records to ensure that the 110-percent criterion is

1269

not exceeded. Each local government shall submit annually, with

1270

its updated capital improvements element, a summary of the de

1271

minimis records. If the state land planning agency determines

1272

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

1273

planning agency shall notify the local government of the

1274

exceedance and that no further de minimis exceptions for the

1275

applicable roadway may be granted until such time as the volume

1276

is reduced below the 110 percent. The local government shall

1277

provide proof of this reduction to the state land planning agency

1278

before issuing further de minimis exceptions.

1279

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

1280

infill development and redevelopment, one or more transportation

1281

concurrency management areas may be designated in a local

1282

government comprehensive plan. A transportation concurrency

1283

management area must be a compact geographic area that has with

1284

an existing network of roads where multiple, viable alternative

1285

travel paths or modes are available for common trips. A local

1286

government may establish an areawide level-of-service standard

1287

for such a transportation concurrency management area based upon

1288

an analysis that provides for a justification for the areawide

1289

level of service, how urban infill development or redevelopment

1290

will be promoted, and how mobility will be accomplished within

1291

the transportation concurrency management area. Prior to the

1292

designation of a concurrency management area, the local

1293

government shall consult with the state land planning agency and

1294

the Department of Transportation shall be consulted by the local

1295

government to assess the effect impact that the proposed

1296

concurrency management area is expected to have on the adopted

1297

level-of-service standards established for Strategic Intermodal

1298

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

1299

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

1300

local government shall, in cooperation with the state land

1301

planning agency and the Department of Transportation, develop a

1302

plan to mitigate any impacts to the Strategic Intermodal System,

1303

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

1304

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

1305

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

1306

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

1307

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

1308

comprehensive plan update pursuant to the evaluation and

1309

appraisal report, whichever occurs last. The state land planning

1310

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

1311

be consistent with this subsection.

1312

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

1313

impacts of proposed urban redevelopment within an established

1314

existing urban service area, 150 110 percent of the actual

1315

transportation impact caused by the previously existing

1316

development must be reserved for the redevelopment, even if the

1317

previously existing development has a lesser or nonexisting

1318

impact pursuant to the calculations of the local government.

1319

Redevelopment requiring less than 150 110 percent of the

1320

previously existing capacity may shall not be prohibited due to

1321

the reduction of transportation levels of service below the

1322

adopted standards. This does not preclude the appropriate

1323

assessment of fees or accounting for the impacts within the

1324

concurrency management system and capital improvements program of

1325

the affected local government. This paragraph does not affect

1326

local government requirements for appropriate development

1327

permits.

1328

     (9) LONG-TERM CONCURRENCY MANAGEMENT.--

1329

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

1330

long-term transportation and school concurrency management

1331

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

1332

specially designated districts or areas where significant

1333

backlogs exist. The plan may include interim level-of-service

1334

standards on certain facilities and shall rely on the local

1335

government's schedule of capital improvements for up to 10 years

1336

as a basis for issuing development orders that authorize

1337

commencement of construction in these designated districts or

1338

areas. The concurrency management system must be designed to

1339

correct existing deficiencies and set priorities for addressing

1340

backlogged facilities and be coordinated with the appropriate

1341

metropolitan planning organization. The concurrency management

1342

system must be financially feasible and consistent with other

1343

portions of the adopted local plan, including the future land use

1344

map.

1345

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

1346

facility backlog for existing development which cannot be

1347

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

1348

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

1349

capital improvements covering up to 15 years for good and

1350

sufficient cause, based on a general comparison between the that

1351

local government and all other similarly situated local

1352

jurisdictions, using the following factors:

1353

     1.  The extent of the backlog.

1354

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

1355

roads.

1356

     3.  The cost of eliminating the backlog.

1357

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

1358

efforts.

1359

     (c)  The local government may issue approvals to commence

1360

construction notwithstanding this section, consistent with and in

1361

areas that are subject to a long-term concurrency management

1362

system.

1363

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

1364

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

1365

minimum, the local government must assess its progress toward

1366

improving levels of service within the long-term concurrency

1367

management district or area in the evaluation and appraisal

1368

report and determine any changes that are necessary to accelerate

1369

progress in meeting acceptable levels of service.

1370

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

1371

regard to roadway facilities on the Strategic Intermodal System

1372

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

1373

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

1374

338.001, and roadway facilities funded in accordance with s.

1375

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

1376

standard established by the Department of Transportation by rule.

1377

For all other roads on the State Highway System, local

1378

governments shall establish an adequate level-of-service standard

1379

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

1380

established by the Department of Transportation. In establishing

1381

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

1382

collector roads as appropriate, which traverse multiple

1383

jurisdictions, local governments shall consider compatibility

1384

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

1385

adjacent jurisdictions. Each local government within a county

1386

shall use a professionally accepted methodology for measuring

1387

impacts on transportation facilities for the purposes of

1388

implementing its concurrency management system. Counties are

1389

encouraged to coordinate with adjacent counties, and local

1390

governments within a county are encouraged to coordinate, for the

1391

purpose of using common methodologies for measuring impacts on

1392

transportation facilities for the purpose of implementing their

1393

concurrency management systems.

1394

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

1395

liability of local governments, a local government may allow a

1396

landowner to proceed with development of a specific parcel of

1397

land notwithstanding a failure of the development to satisfy

1398

transportation concurrency, if when all the following factors are

1399

shown to exist:

1400

     (a) The local government that has with jurisdiction over

1401

the property has adopted a local comprehensive plan that is in

1402

compliance.

1403

     (b) The proposed development is would be consistent with

1404

the future land use designation for the specific property and

1405

with pertinent portions of the adopted local plan, as determined

1406

by the local government.

1407

     (c)  The local plan includes a financially feasible capital

1408

improvements element that provides for transportation facilities

1409

adequate to serve the proposed development, and the local

1410

government has not implemented that element.

1411

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

1412

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

1413

cost of providing the transportation facilities necessary to

1414

serve the proposed development.

1415

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

1416

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

1417

the transportation facilities to serve the proposed development.

1418

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

1419

regional impact may satisfy the transportation concurrency

1420

requirements of the local comprehensive plan, the local

1421

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

1422

payment of a proportionate-share contribution for local and

1423

regionally significant traffic impacts, if:

1424

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

1425

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

1426

or other nonautomotive modes of transportation;

1427

     (b)  The proportionate-share contribution for local and

1428

regionally significant traffic impacts is sufficient to pay for

1429

one or more required mobility improvements that will benefit the

1430

network of a regionally significant transportation facilities if

1431

impacts on the Strategic Intermodal System, the Florida

1432

Intrastate Highway System, and other regionally significant

1433

roadways outside the jurisdiction of the local government are

1434

mitigated based on the prioritization of needed improvements

1435

recommended by the regional planning council facility;

1436

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

1437

impact pays or assures payment of the proportionate-share

1438

contribution; and

1439

     (d) If The regionally significant transportation facility

1440

to be constructed or improved is under the maintenance authority

1441

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

1442

other than the local government that has with jurisdiction over

1443

the development of regional impact, the developer must is

1444

required to enter into a binding and legally enforceable

1445

commitment to transfer funds to the governmental entity having

1446

maintenance authority or to otherwise assure construction or

1447

improvement of the facility.

1448

1449

The proportionate-share contribution may be applied to any

1450

transportation facility to satisfy the provisions of this

1451

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

1452

purposes of this subsection, the amount of the proportionate-

1453

share contribution shall be calculated based upon the cumulative

1454

number of trips from the proposed development expected to reach

1455

roadways during the peak hour from the complete buildout of a

1456

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

1457

hour maximum service volume of roadways resulting from

1458

construction of an improvement necessary to maintain the adopted

1459

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

1460

time of developer payment, of the improvement necessary to

1461

maintain the adopted level of service. For purposes of this

1462

subsection, "construction cost" includes all associated costs of

1463

the improvement. Proportionate-share mitigation shall be limited

1464

to ensure that a development of regional impact meeting the

1465

requirements of this subsection mitigates its impact on the

1466

transportation system but is not responsible for the additional

1467

cost of reducing or eliminating backlogs. For purposes of this

1468

subsection, a "backlogged transportation facility" is defined as

1469

a facility on which the adopted level-of-service standard is

1470

exceeded by the existing level of service plus committed trips. A

1471

developer may not be required to fund or construct proportionate

1472

share mitigation that is more extensive, due to being on a

1473

backlogged transportation facility, than is necessary based

1474

solely on the impact of the development project being considered.

1475

This subsection also applies to Florida Quality Developments

1476

pursuant to s. 380.061 and to detailed specific area plans

1477

implementing optional sector plans pursuant to s. 163.3245.

1478

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

1479

established on a districtwide basis and shall include all public

1480

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

1481

located in a municipality or an unincorporated area unless exempt

1482

from the public school facilities element pursuant to s.

1483

163.3177(12). The application of school concurrency to

1484

development shall be based upon the adopted comprehensive plan,

1485

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

1486

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

1487

land planning agency the necessary plan amendments, along with

1488

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

1489

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

1490

concurrency are the following:

1491

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

1492

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

1493

or plan amendment which includes a public school facilities

1494

element which is consistent with the requirements of s.

1495

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

1496

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

1497

facilities plan elements within a county must be consistent with

1498

each other as well as the requirements of this part.

1499

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

1500

that an essential requirement for a concurrency management system

1501

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

1502

operate.

1503

     1.  Local governments and school boards imposing school

1504

concurrency shall exercise authority in conjunction with each

1505

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

1506

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

1507

necessary to implement the adopted local government comprehensive

1508

plan, based on data and analysis.

1509

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

1510

included and adopted into the capital improvements element of the

1511

local comprehensive plan and shall apply districtwide to all

1512

schools of the same type. Types of schools may include

1513

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

1514

facilities such as magnet schools.

1515

     3. Local governments and school boards may use shall have

1516

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

1517

time to achieve an adequate and desirable level of service as

1518

circumstances warrant.

1519

     4. A school district that includes relocatables in its

1520

inventory of student stations shall include relocatables in its

1521

calculation of capacity for purposes of determining whether

1522

levels of service have been achieved.

1523

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

1524

essential requirement for a concurrency system is a designation

1525

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

1526

when an application for a residential development permit is

1527

reviewed for school concurrency purposes. This delineation is

1528

also important for purposes of determining whether the local

1529

government has a financially feasible public school capital

1530

facilities program for that will provide schools which will

1531

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

1532

     1.  In order to balance competing interests, preserve the

1533

constitutional concept of uniformity, and avoid disruption of

1534

existing educational and growth management processes, local

1535

governments are encouraged to initially apply school concurrency

1536

to development only on a districtwide basis so that a concurrency

1537

determination for a specific development is will be based upon

1538

the availability of school capacity districtwide. To ensure that

1539

development is coordinated with schools having available

1540

capacity, within 5 years after adoption of school concurrency,

1541

local governments shall apply school concurrency on a less than

1542

districtwide basis, such as using school attendance zones or

1543

concurrency service areas, as provided in subparagraph 2.

1544

     2.  For local governments applying school concurrency on a

1545

less than districtwide basis, such as utilizing school attendance

1546

zones or larger school concurrency service areas, local

1547

governments and school boards shall have the burden of

1548

demonstrating to demonstrate that the utilization of school

1549

capacity is maximized to the greatest extent possible in the

1550

comprehensive plan and amendment, taking into account

1551

transportation costs and court-approved desegregation plans, as

1552

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

1553

concurrency within the service area boundaries selected by local

1554

governments and school boards, the service area boundaries,

1555

together with the standards for establishing those boundaries,

1556

shall be identified and included as supporting data and analysis

1557

for the comprehensive plan. Local governments shall ensure that

1558

each concurrency service area contains a public school of each

1559

type.

1560

     3.  Where school capacity is available on a districtwide

1561

basis but school concurrency is applied on a less than

1562

districtwide basis in the form of concurrency service areas, if

1563

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

1564

particular service area as applied to an application for a

1565

development permit and if the needed capacity for the particular

1566

service area is available in one or more contiguous service

1567

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

1568

government may not deny an application for site plan or final

1569

subdivision approval or the functional equivalent for a

1570

development or phase of a development on the basis of school

1571

concurrency, and if issued, development impacts shall be shifted

1572

to contiguous service areas with schools having available

1573

capacity. For purposes of this subparagraph, the capacity of a

1574

school serving a contiguous service area shall be 100 percent of

1575

the capacity for that type of school based on the adopted level-

1576

of-service standard.

1577

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

1578

financial feasibility is an important issue because the premise

1579

of concurrency is that the public facilities will be provided in

1580

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

1581

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

1582

Code, contain specific standards for determining to determine the

1583

financial feasibility of capital programs. These standards were

1584

adopted to make concurrency more predictable and local

1585

governments more accountable.

1586

     1.  A comprehensive plan amendment seeking to impose school

1587

concurrency must shall contain appropriate amendments to the

1588

capital improvements element of the comprehensive plan,

1589

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

1590

5.016, Florida Administrative Code. The capital improvements

1591

element must shall set forth a financially feasible public school

1592

capital facilities program, established in conjunction with the

1593

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

1594

standards will be achieved and maintained.

1595

     2. Such amendments to the capital improvements element must

1596

shall demonstrate that the public school capital facilities

1597

program meets all of the financial feasibility standards of this

1598

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

1599

capital programs which provide the basis for mandatory

1600

concurrency on other public facilities and services.

1601

     3. If When the financial feasibility of a public school

1602

capital facilities program is evaluated by the state land

1603

planning agency for purposes of a compliance determination, the

1604

evaluation must shall be based upon the service areas selected by

1605

the local governments and school board.

1606

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

1607

welfare, and except as otherwise provided in this subsection,

1608

public school facilities needed to serve new residential

1609

development shall be in place or under actual construction within

1610

3 years after the issuance of final subdivision or site plan

1611

approval, or the functional equivalent. A local government may

1612

not deny an application for site plan, final subdivision

1613

approval, or the functional equivalent for a development or phase

1614

of a development authorizing residential development for failure

1615

to achieve and maintain the level-of-service standard for public

1616

school capacity in a local school concurrency management system

1617

where adequate school facilities will be in place or under actual

1618

construction within 3 years after the issuance of final

1619

subdivision or site plan approval, or the functional equivalent.

1620

Any mitigation required of a developer shall be limited to ensure

1621

that a development mitigates its own impact on public school

1622

facilities, but is not responsible for the additional cost of

1623

reducing or eliminating backlogs or addressing class size

1624

reduction. School concurrency is satisfied if the developer

1625

executes a legally binding commitment to provide mitigation

1626

proportionate to the demand for public school facilities to be

1627

created by actual development of the property, including, but not

1628

limited to, the options described in subparagraph 1. Options for

1629

proportionate-share mitigation of impacts on public school

1630

facilities must be established in the public school facilities

1631

element and the interlocal agreement pursuant to s. 163.31777.

1632

     1.  Appropriate mitigation options include the contribution

1633

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

1634

acquisition or construction of a public school facility; the

1635

construction of a charter school that complies with the

1636

requirements of subparagraph 2.; or the creation of mitigation

1637

banking based on the construction of a public school facility or

1638

charter school that complies with the requirements of

1639

subparagraph 2., in exchange for the right to sell capacity

1640

credits. Such options must include execution by the applicant and

1641

the local government of a development agreement that constitutes

1642

a legally binding commitment to pay proportionate-share

1643

mitigation for the additional residential units approved by the

1644

local government in a development order and actually developed on

1645

the property, taking into account residential density allowed on

1646

the property prior to the plan amendment that increased the

1647

overall residential density. The district school board must be a

1648

party to such an agreement. Grounds for the refusal of either the

1649

local government or district school board to approve a

1650

development agreement proffering charter school facilities shall

1651

be limited to the agreement's compliance with subparagraph 2. As

1652

a condition of its entry into such a development agreement, the

1653

local government may require the landowner to agree to continuing

1654

renewal of the agreement upon its expiration.

1655

     2. The construction of a charter school facility shall be

1656

an appropriate mitigation option if the facility limits

1657

enrollment to those students residing within a defined geographic

1658

area as provided in s. 1002.33(10)(e)4., the facility is owned by

1659

a nonprofit entity or local government, the design and

1660

construction of the facility complies with the lifesafety

1661

requirements of Florida State Requirements for Educational

1662

Facilities (SREF), and the school's charter provides for the

1663

reversion of the facility to the district school board if the

1664

facility ceases to be used for public educational purposes as

1665

provided in s. 1002.33(18)(f). District school boards shall have

1666

the right to monitor and inspect charter facilities constructed

1667

under this section to ensure compliance with the lifesafety

1668

requirements of SREF and shall have the authority to waive SREF

1669

standards in the same manner permitted for district-owned public

1670

schools.

1671

     3.2. If the education facilities plan and the public

1672

educational facilities element authorize a contribution of land;

1673

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

1674

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

1675

portion thereof, or the construction of a charter school that

1676

complies with the requirements of subparagraph 2., as

1677

proportionate-share mitigation, the local government shall credit

1678

such a contribution, construction, expansion, or payment toward

1679

any other concurrency management system, concurrency exaction,

1680

impact fee or exaction imposed by local ordinance for the same

1681

need, on a dollar-for-dollar basis at fair market value. If a

1682

local government imposes a school impact fee, the methodology

1683

used in the impact fee for calculating the student generation

1684

rates and the calculation of cost per student station must be

1685

consistent with the adopted school concurrency ordinance. For

1686

both impact fees and proportionate share calculations, the

1687

percentage of relocatables used by a school district and the

1688

amount of taxes, fees, and other revenues received by the school

1689

district shall be considered in determining the average cost of a

1690

student station.

1691

     4.3. Any proportionate-share mitigation must be included

1692

directed by the school board as toward a school capacity

1693

improvement identified in a financially feasible 5-year district

1694

work plan that satisfies the demands created by the development

1695

in accordance with a binding developer's agreement.

1696

     5.4. If a development is precluded from commencing because

1697

there is inadequate classroom capacity to mitigate the impacts of

1698

the development, the development may nevertheless commence if

1699

there are accelerated facilities in an approved capital

1700

improvement element scheduled for construction in year four or

1701

later of such plan which, when built, will mitigate the proposed

1702

development, or if such accelerated facilities will be in the

1703

next annual update of the capital facilities element, the

1704

developer enters into a binding, financially guaranteed agreement

1705

with the school district to construct an accelerated facility

1706

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

1707

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

1708

the development's proportionate share. When the completed school

1709

facility is conveyed to the school district, the developer shall

1710

receive impact fee credits usable within the zone where the

1711

facility is constructed or any attendance zone contiguous with or

1712

adjacent to the zone where the facility is constructed.

1713

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

1714

government to deny a development permit or a comprehensive plan

1715

amendment its functional equivalent pursuant to its home rule

1716

regulatory powers for reasons unrelated to school capacity,

1717

except as provided in this part.

1718

     (f)  Intergovernmental coordination.--

1719

     1.  When establishing concurrency requirements for public

1720

schools, a local government shall satisfy the requirements for

1721

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

1722

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

1723

signatory to the interlocal agreement required by ss.

1724

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

1725

imposition of school concurrency, and as a nonsignatory, may

1726

shall not participate in the adopted local school concurrency

1727

system, if the municipality meets all of the following criteria

1728

for not having a no significant impact on school attendance:

1729

     a.  The municipality has issued development orders for fewer

1730

than 50 residential dwelling units during the preceding 5 years,

1731

or the municipality has generated fewer than 25 additional public

1732

school students during the preceding 5 years.

1733

     b.  The municipality has not annexed new land during the

1734

preceding 5 years in land use categories which permit residential

1735

uses that will affect school attendance rates.

1736

     c.  The municipality has no public schools located within

1737

its boundaries.

1738

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

1739

boundaries of the municipality has been built upon.

1740

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

1741

significant impact on school attendance pursuant to the criteria

1742

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

1743

evaluation and appraisal report pursuant to s. 163.3191 whether

1744

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

1745

the municipality determines that it no longer meets the criteria,

1746

it must adopt appropriate school concurrency goals, objectives,

1747

and policies in its plan amendments based on the evaluation and

1748

appraisal report, and enter into the existing interlocal

1749

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

1750

order to fully participate in the school concurrency system. If

1751

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

1752

enforcement provisions of s. 163.3191.

1753

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

1754

establishing concurrency requirements for public schools, a local

1755

government must enter into an interlocal agreement that satisfies

1756

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

1757

the requirements of this subsection. The interlocal agreement

1758

must shall acknowledge both the school board's constitutional and

1759

statutory obligations to provide a uniform system of free public

1760

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

1761

local governments, including their authority to approve or deny

1762

comprehensive plan amendments and development orders. The

1763

interlocal agreement shall be submitted to the state land

1764

planning agency by the local government as a part of the

1765

compliance review, along with the other necessary amendments to

1766

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

1767

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

1768

agreement must shall meet the following requirements:

1769

     1. Establish the mechanisms for coordinating the

1770

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

1771

public school facilities element with each other and the plans of

1772

the school board to ensure a uniform districtwide school

1773

concurrency system.

1774

     2. Establish a process for developing the development of

1775

siting criteria that which encourages the location of public

1776

schools proximate to urban residential areas to the extent

1777

possible and seeks to collocate schools with other public

1778

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

1779

extent possible.

1780

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

1781

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

1782

the adopted level-of-service standards.

1783

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

1784

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

1785

public school capital facilities program that which is

1786

financially feasible, and a process and schedule for

1787

incorporation of the public school capital facilities program

1788

into the local government comprehensive plans on an annual basis.

1789

     5.  Define the geographic application of school concurrency.

1790

If school concurrency is to be applied on a less than

1791

districtwide basis in the form of concurrency service areas, the

1792

agreement must shall establish criteria and standards for the

1793

establishment and modification of school concurrency service

1794

areas. The agreement must shall also establish a process and

1795

schedule for the mandatory incorporation of the school

1796

concurrency service areas and the criteria and standards for

1797

establishment of the service areas into the local government

1798

comprehensive plans. The agreement must shall ensure maximum

1799

utilization of school capacity, taking into account

1800

transportation costs and court-approved desegregation plans, as

1801

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

1802

achievement and maintenance of the adopted level-of-service

1803

standards for the geographic area of application throughout the 5

1804

years covered by the public school capital facilities plan and

1805

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

1806

     6.  Establish a uniform districtwide procedure for

1807

implementing school concurrency which provides for:

1808

     a.  The evaluation of development applications for

1809

compliance with school concurrency requirements, including

1810

information provided by the school board on affected schools,

1811

impact on levels of service, and programmed improvements for

1812

affected schools, and any options to provide sufficient capacity;

1813

     b.  An opportunity for the school board to review and

1814

comment on the effect of comprehensive plan amendments and

1815

rezonings on the public school facilities plan; and

1816

     c.  The monitoring and evaluation of the school concurrency

1817

system.

1818

     7.  Include provisions relating to amendment of the

1819

agreement.

1820

     8.  A process and uniform methodology for determining

1821

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

1822

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

1823

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

1824

development permit or its functional equivalent prior to the

1825

implementation of school concurrency. After the implementation of

1826

school concurrency, a development permit may not be denied

1827

because of inadequate school capacity or if capacity is available

1828

pursuant to paragraph (c) or paragraph (e), or if the developer

1829

executes or enters into an agreement to execute a legally binding

1830

commitment to provide mitigation proportionate to the demand for

1831

public school facilities to be created pursuant to paragraph (e).

1832

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

1833

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

1834

review and determination of compliance of a public school

1835

facilities element adopted by a local government for purposes of

1836

imposition of school concurrency.

1837

     (15) MULTIMODAL DISTRICTS.--

1838

     (a)  Multimodal transportation districts may be established

1839

under a local government comprehensive plan in areas delineated

1840

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

1841

assigns secondary priority to vehicle mobility and primary

1842

priority to assuring a safe, comfortable, and attractive

1843

pedestrian environment, with convenient interconnection to

1844

transit. Such districts must incorporate community design

1845

features that will reduce the number of automobile trips or

1846

vehicle miles of travel and will support an integrated,

1847

multimodal transportation system. Prior to the designation of

1848

multimodal transportation districts, the Department of

1849

Transportation shall be consulted by the local government to

1850

assess the impact that the proposed multimodal district area is

1851

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

1852

established for Strategic Intermodal System facilities, as

1853

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

1854

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

1855

local government shall, in cooperation with the Department of

1856

Transportation, develop a plan to mitigate any impacts to the

1857

Strategic Intermodal System, including the development of a long-

1858

term concurrency management system pursuant to subsection (9) and

1859

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

1860

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

1861

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

1862

comprehensive plan update pursuant to the evaluation and

1863

appraisal report, whichever occurs last.

1864

     (b) Community design elements of such a multimodal

1865

transportation district include: a complementary mix and range of

1866

land uses, including educational, recreational, and cultural

1867

uses; interconnected networks of streets designed to encourage

1868

walking and bicycling, with traffic-calming where desirable;

1869

appropriate densities and intensities of use within walking

1870

distance of transit stops; daily activities within walking

1871

distance of residences, allowing independence to persons who do

1872

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

1873

comfortable, and attractive for the pedestrian, with adjoining

1874

buildings open to the street and with parking not interfering

1875

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

1876

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

1877

service standards that rely primarily on nonvehicular modes of

1878

transportation within the district, if when justified by an

1879

analysis demonstrating that the existing and planned community

1880

design will provide an adequate level of mobility within the

1881

district based upon professionally accepted multimodal level-of-

1882

service methodologies. The analysis must also demonstrate that

1883

the capital improvements required to promote community design are

1884

financially feasible over the development or redevelopment

1885

timeframe for the district and that community design features

1886

within the district provide convenient interconnection for a

1887

multimodal transportation system. Local governments may issue

1888

development permits in reliance upon all planned community design

1889

capital improvements that are financially feasible over the

1890

development or redevelopment timeframe for the district, without

1891

regard to the period of time between development or redevelopment

1892

and the scheduled construction of the capital improvements. A

1893

determination of financial feasibility shall be based upon

1894

currently available funding or funding sources that could

1895

reasonably be expected to become available over the planning

1896

period.

1897

     (d)  Local governments may reduce impact fees or local

1898

access fees for development within multimodal transportation

1899

districts based on the reduction of vehicle trips per household

1900

or vehicle miles of travel expected from the development pattern

1901

planned for the district.

1902

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

1903

in consultation with the state land planning agency and

1904

interested local governments, may designate a study area for

1905

conducting a pilot project to determine the benefits of and

1906

barriers to establishing a regional multimodal transportation

1907

concurrency district that extends over more than one local

1908

government jurisdiction. If designated:

1909

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

1910

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

1911

service area, and have the consent of the local governments

1912

within the study area. The Department of Transportation and the

1913

state land planning agency shall provide technical assistance.

1914

     2.  The local governments within the study area and the

1915

Department of Transportation, in consultation with the state land

1916

planning agency, shall cooperatively create a multimodal

1917

transportation plan that meets the requirements of this section.

1918

The multimodal transportation plan must include viable local

1919

funding options and incorporate community design features,

1920

including a range of mixed land uses and densities and

1921

intensities, which will reduce the number of automobile trips or

1922

vehicle miles of travel while supporting an integrated,

1923

multimodal transportation system.

1924

     3.  To effectuate the multimodal transportation concurrency

1925

district, participating local governments may adopt appropriate

1926

comprehensive plan amendments.

1927

     4.  The Department of Transportation, in consultation with

1928

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

1929

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

1930

Speaker of the House of Representatives on the status of the

1931

pilot project. The report must identify any factors that support

1932

or limit the creation and success of a regional multimodal

1933

transportation district including intergovernmental coordination.

1934

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

1935

Legislature to provide a method by which the impacts of

1936

development on transportation facilities can be mitigated by the

1937

cooperative efforts of the public and private sectors. The

1938

methodology used to calculate proportionate fair-share mitigation

1939

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

1940

or a vehicle and people-miles-traveled methodology or an

1941

alternative methodology shall be used which is identified by the

1942

local government as a part of its comprehensive plan and ensures

1943

that development impacts on transportation facilities are

1944

mitigated.

1945

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

1946

by ordinance a methodology for assessing proportionate fair-share

1947

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

1948

Transportation shall develop a model transportation concurrency

1949

management ordinance that has with methodologies for assessing

1950

proportionate fair-share mitigation options.

1951

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

1952

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

1953

methodologies to be applied in calculating that will be applied

1954

to calculate proportionate fair-share mitigation.

1955

     1. A developer may choose to satisfy all transportation

1956

concurrency requirements by contributing or paying proportionate

1957

fair-share mitigation if transportation facilities or facility

1958

segments identified as mitigation for traffic impacts are

1959

specifically identified for funding in the 5-year schedule of

1960

capital improvements in the capital improvements element of the

1961

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

1962

such contributions or payments to such facilities or segments are

1963

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

1964

next regularly scheduled update of the capital improvements

1965

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

1966

reflect proportionate fair-share contributions may not be found

1967

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

1968

additional contributions, payments or funding sources are

1969

reasonably anticipated during a period not to exceed 10 years to

1970

fully mitigate impacts on the transportation facilities.

1971

     2.  Proportionate fair-share mitigation shall be applied as

1972

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

1973

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

1974

same capital infrastructure improvements contemplated by the

1975

local government's impact fee ordinance.

1976

     (c)  Proportionate fair-share mitigation includes, without

1977

limitation, separately or collectively, private funds,

1978

contributions of land, and construction and contribution of

1979

facilities and may include public funds as determined by the

1980

local government. Proportionate fair-share mitigation may be

1981

directed toward one or more specific transportation improvements

1982

reasonably related to the mobility demands created by the

1983

development and such improvements may address one or more modes

1984

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

1985

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

1986

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

1987

its proportionate fair-share contribution regardless of the

1988

method of mitigation. Proportionate fair-share mitigation shall

1989

be limited to ensure that a development meeting the requirements

1990

of this section mitigates its impact on the transportation system

1991

but is not responsible for the additional cost of reducing or

1992

eliminating backlogs.

1993

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

1994

approve a development that is not otherwise qualified for

1995

approval pursuant to the applicable local comprehensive plan and

1996

land development regulations.

1997

     (e)  Mitigation for development impacts to facilities on the

1998

Strategic Intermodal System made pursuant to this subsection

1999

requires the concurrence of the Department of Transportation.

2000

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

2001

element are insufficient to fully fund construction of a

2002

transportation improvement required by the local government's

2003

concurrency management system, a local government and a developer

2004

may still enter into a binding proportionate-share agreement

2005

authorizing the developer to construct that amount of development

2006

on which the proportionate share is calculated if the

2007

proportionate-share amount in the such agreement is sufficient to

2008

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

2009

the governmental entity or entities maintaining the

2010

transportation facilities, significantly benefit the impacted

2011

transportation system. The improvements funded by the

2012

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

2013

capital improvements schedule of the comprehensive plan at the

2014

next annual capital improvements element update. The funding of

2015

any improvements that significantly benefit the impacted

2016

transportation system satisfies concurrency requirements as a

2017

mitigation of the development's impact upon the overall

2018

transportation system even if there remains a failure of

2019

concurrency on other impacted facilities.

2020

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

2021

does may not prohibit the state land planning agency Department

2022

of Community Affairs from finding other portions of the capital

2023

improvements element amendments not in compliance as provided in

2024

this chapter.

2025

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

2026

a development of regional impact satisfying the requirements of

2027

subsection (12).

2028

     (i) If a developer has contributed funds, lands, or other

2029

mitigation required by a development order to address the

2030

transportation impacts of a particular phase or stage of

2031

development that is not subject to s. 380.06, all transportation

2032

impacts attributable to that phase or stage of development shall

2033

be deemed fully mitigated in any subsequent monitoring or

2034

transportation analysis for any phase or state of development.

2035

     (17) TRANSPORTATION CONCURRENCY INCENTIVES.--The

2036

Legislature finds that allowing private-sector entities to

2037

finance, construct, and improve public transportation facilities

2038

can provide significant benefits to the public by facilitating

2039

transportation without the need for additional public tax

2040

revenues. In order to encourage the more efficient and proactive

2041

provision of transportation improvements by the private sector,

2042

if a developer or property owner voluntarily contributes right-

2043

of-way and physically constructs or expands a state

2044

transportation facility or segment, and such construction or

2045

expansion:

2046

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

2047

voluntary contribution may be applied as a credit for that

2048

property owner or developer against any future transportation

2049

concurrency requirements pursuant to this chapter if the

2050

transportation improvement is identified in the 5-year work plan

2051

of the Department of Transportation, and such contributions and

2052

credits are set forth in a legally binding agreement executed by

2053

the property owner or developer, the local government of the

2054

jurisdiction in which the facility is located, and the Department

2055

of Transportation.

2056

     (b) Is identified in the capital improvement schedule,

2057

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

2058

legally binding agreement between the property owner or developer

2059

and the applicable local government, the contribution to the

2060

local government collector and the arterial system may be applied

2061

as credit against any future transportation concurrency

2062

requirements under this chapter.

2063

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

2064

that the existing transportation concurrency system has not

2065

adequately addressed the state's transportation needs in an

2066

effective, predictable, and equitable manner and is not producing

2067

a sustainable transportation system for the state. The current

2068

system is complex, lacks uniformity among jurisdictions, is too

2069

focused on roadways to the detriment of desired land use patterns

2070

and transportation alternatives, and frequently prevents the

2071

attainment of important growth management goals. The state,

2072

therefore, should consider a different transportation concurrency

2073

approach that uses a mobility fee based on vehicle and people

2074

miles traveled. Therefore, the Legislature directs the state land

2075

planning agency to study and develop a methodology for a mobility

2076

fee system as follows:

2077

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

2078

the Department of Transportation, shall convene a study group

2079

that includes representatives from the Department of

2080

Transportation, regional planning councils, local governments,

2081

the development community, land use and transportation

2082

professionals, and the Legislature to develop a uniform mobility

2083

fee methodology for statewide application to replace the existing

2084

transportation concurrency management system. The methodology

2085

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

2086

vehicle and people miles traveled, professionally accepted

2087

standards and practices in the fields of land use and

2088

transportation planning, and the requirements of constitutional

2089

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

2090

for mobility needs, ensure that development provides mitigation

2091

for its impacts on the transportation system, and promote

2092

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

2093

mobility fee shall be used to fund improvements to the

2094

transportation system.

2095

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

2096

shall provide a report to the Legislature containing

2097

recommendations concerning an appropriate uniform mobility fee

2098

methodology and whether a mobility fee system should be applied

2099

statewide or to more limited geographic areas, a schedule to

2100

amend comprehensive plans and land development rules to

2101

incorporate the mobility fee, a system for collecting and

2102

allocating mobility fees among state and local transportation

2103

facilities, and whether and how mobility fees should replace,

2104

revise, or supplement transportation impact fees.

2105

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

2106

workforce housing units developed in accordance with s.

2107

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

2108

centers in close proximity to the affordable workforce housing

2109

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

2110

employee or employees of an identified employment center or

2111

centers, all of the affordable workforce housing units are exempt

2112

from transportation concurrency requirements, and the local

2113

government may not reduce any transportation trip-generation

2114

entitlements of an approved development-of-regional-impact

2115

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

2116

proximity" means 5 miles from the nearest point of the

2117

development of regional impact to the nearest point of the

2118

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

2119

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

2120

employees.

2121

     Section 8.  Subsection (3), subsection (4), paragraphs (a)

2122

and (d) of subsection (6), paragraph (a) of subsection (7),

2123

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

2124

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

2125

to read:

2126

     163.3184  Process for adoption of comprehensive plan or plan

2127

amendment.--

2128

     (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

2129

AMENDMENT.--

2130

     (a) Before filing an application for a future land use map

2131

amendment, the applicant must conduct a neighborhood meeting to

2132

present, discuss, and solicit public comment on the proposed

2133

amendment. Such meeting shall be conducted at least 30 days but

2134

no more than 60 days before the application for the amendment is

2135

filed with the local government. At a minimum, the meeting shall

2136

be noticed and conducted in accordance with each of the following

2137

requirements:

2138

     1. Notice of the meeting shall be:

2139

     a. Mailed at least 10 days but no more than 14 days before

2140

the date of the meeting to all property owners owning property

2141

within 500 feet of the property subject to the proposed

2142

amendment, according to information maintained by the county tax

2143

assessor. Such information shall conclusively establish the

2144

required recipients;

2145

     b. Published in accordance with s. 125.66(4)(b)2. or s.

2146

166.041(3)(c)2.b.;

2147

     c. Posted on the jurisdiction's website, if available; and

2148

     d. Mailed to all persons on the list of homeowners' or

2149

condominium associations maintained by the jurisdiction, if any.

2150

     2. The meeting shall be conducted at an accessible and

2151

convenient location.

2152

     3. A sign-in list of all attendees at each meeting must be

2153

maintained.

2154

2155

This section applies to applications for a map amendment filed

2156

after January 1, 2009.

2157

     (b) At least 15 days but no more than 45 days before the

2158

local governing body's scheduled adoption hearing, the applicant

2159

shall conduct a second noticed community or neighborhood meeting

2160

for the purpose of presenting and discussing the map amendment

2161

application, including any changes made to the proposed amendment

2162

following the first community or neighborhood meeting. Notice by

2163

United States mail at least 10 days but no more than 14 days

2164

before the meeting is required only for persons who signed in at

2165

the preapplication meeting and persons whose names are on the

2166

sign-in sheet from the transmittal hearing conducted pursuant to

2167

paragraph (15)(c). Otherwise, notice shall be given by newspaper

2168

advertisement in accordance with s. 125.66(4)(b)2. and s.

2169

166.041(3)(c)2.b. Before the adoption hearing, the applicant

2170

shall file with the local government a written certification or

2171

verification that the second meeting has been noticed and

2172

conducted in accordance with this section. This section applies

2173

to applications for a map amendment filed after January 1, 2009.

2174

     (c) The requirement for neighborhood meetings as provided

2175

in this section does not apply to small-scale amendments as

2176

defined in s. 163.3187(2)(d) unless a local government, by

2177

ordinance, adopts a procedure for holding a neighborhood meeting

2178

as part of the small-scale amendment process. In no event shall

2179

more than one such meeting be required.

2180

     (d)(a) Each local governing body shall transmit the

2181

complete proposed comprehensive plan or plan amendment to the

2182

state land planning agency, the appropriate regional planning

2183

council and water management district, the Department of

2184

Environmental Protection, the Department of State, and the

2185

Department of Transportation, and, in the case of municipal

2186

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

2187

plans, to the Fish and Wildlife Conservation Commission and the

2188

Department of Agriculture and Consumer Services, immediately

2189

following a public hearing pursuant to subsection (15) as

2190

specified in the state land planning agency's procedural rules.

2191

The local governing body shall also transmit a copy of the

2192

complete proposed comprehensive plan or plan amendment to any

2193

other unit of local government or government agency in the state

2194

that has filed a written request with the governing body for the

2195

plan or plan amendment. The local government may request a review

2196

by the state land planning agency pursuant to subsection (6) at

2197

the time of the transmittal of an amendment.

2198

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

2199

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

2200

all state agencies designated by the state land planning agency a

2201

complete copy of its adopted comprehensive plan pursuant to

2202

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

2203

In the case of comprehensive plan amendments, the local governing

2204

body shall transmit to the state land planning agency, the

2205

appropriate regional planning council and water management

2206

district, the Department of Environmental Protection, the

2207

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

2208

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

2209

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

2210

Commission and the Department of Agriculture and Consumer

2211

Services the materials specified in the state land planning

2212

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

2213

amendment is a result of an evaluation and appraisal report

2214

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

2215

appraisal report. Local governing bodies shall consolidate all

2216

proposed plan amendments into a single submission for each of the

2217

two plan amendment adoption dates during the calendar year

2218

pursuant to s. 163.3187.

2219

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

2220

amendment previously transmitted pursuant to this subsection,

2221

unless review is requested or otherwise initiated pursuant to

2222

subsection (6).

2223

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

2224

multiple individual amendments that can be clearly and legally

2225

separated and distinguished for the purpose of determining

2226

whether to review the proposed amendment, and the state land

2227

planning agency elects to review several or a portion of the

2228

amendments and the local government chooses to immediately adopt

2229

the remaining amendments not reviewed, the amendments immediately

2230

adopted and any reviewed amendments that the local government

2231

subsequently adopts together constitute one amendment cycle in

2232

accordance with s. 163.3187(1).

2233

     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies

2234

specified in paragraph (3)(a) shall provide comments to the state

2235

land planning agency within 30 days after receipt by the state

2236

land planning agency of the complete proposed plan amendment. If

2237

the plan or plan amendment includes or relates to the public

2238

school facilities element pursuant to s. 163.3177(12), the state

2239

land planning agency shall submit a copy to the Office of

2240

Educational Facilities of the Commissioner of Education for

2241

review and comment. The appropriate regional planning council

2242

shall also provide its written comments to the state land

2243

planning agency within 45 30 days after receipt by the state land

2244

planning agency of the complete proposed plan amendment and shall

2245

specify any objections, recommendations for modifications, and

2246

comments of any other regional agencies to which the regional

2247

planning council may have referred the proposed plan amendment.

2248

Written comments submitted by the public within 30 days after

2249

notice of transmittal by the local government of the proposed

2250

plan amendment will be considered as if submitted by governmental

2251

agencies. All written agency and public comments must be made

2252

part of the file maintained under subsection (2).

2253

     (6)  STATE LAND PLANNING AGENCY REVIEW.--

2254

     (a)  The state land planning agency shall review a proposed

2255

plan amendment upon request of a regional planning council,

2256

affected person, or local government transmitting the plan

2257

amendment. The request from the regional planning council or

2258

affected person must be received within 45 30 days after

2259

transmittal of the proposed plan amendment pursuant to subsection

2260

(3). A regional planning council or affected person requesting a

2261

review shall do so by submitting a written request to the agency

2262

with a notice of the request to the local government and any

2263

other person who has requested notice.

2264

     (d)  The state land planning agency review shall identify

2265

all written communications with the agency regarding the proposed

2266

plan amendment. If the state land planning agency does not issue

2267

such a review, it shall identify in writing to the local

2268

government all written communications received 45 30 days after

2269

transmittal. The written identification must include a list of

2270

all documents received or generated by the agency, which list

2271

must be of sufficient specificity to enable the documents to be

2272

identified and copies requested, if desired, and the name of the

2273

person to be contacted to request copies of any identified

2274

document. The list of documents must be made a part of the public

2275

records of the state land planning agency.

2276

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

2277

OR AMENDMENTS AND TRANSMITTAL.--

2278

     (a)  The local government shall review the written comments

2279

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

2280

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

2281

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

2282

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

2283

proceeding in which the comprehensive plan or plan amendment may

2284

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

2285

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

2286

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

2287

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

2288

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

2289

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

2290

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

2291

the amendment. The adoption of the proposed plan or plan

2292

amendment or the determination not to adopt a plan amendment,

2293

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

2294

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

2295

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

2296

comprehensive plan or plan amendment within the period set forth

2297

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

2298

abandoned and may not be considered until the next available

2299

amendment cycle pursuant to this section and s. 163.3187.

2300

However, if the applicant or local government, before the

2301

expiration of the period, certifies in writing to the state land

2302

planning agency that the applicant is proceeding in good faith to

2303

address the items raised in the agency report issued pursuant to

2304

paragraph (6)(f) or agency comments issued pursuant to s.

2305

163.32465(4), and such certification specifically identifies the

2306

items being addressed, the state land planning agency may grant

2307

one or more extensions not to exceed a total of 360 days

2308

following the date of the issuance of the agency report or

2309

comments if the request is justified by good and sufficient cause

2310

as determined by the agency. When any such extension is pending,

2311

the applicant shall file with the local government and state land

2312

planning agency a status report every 60 days specifically

2313

identifying the items being addressed and the manner in which

2314

such items are being addressed. The local government shall

2315

transmit the complete adopted comprehensive plan or plan

2316

amendment, including the names and addresses of persons compiled

2317

pursuant to paragraph (15)(c), to the state land planning agency

2318

as specified in the agency's procedural rules within 10 working

2319

days after adoption. The local governing body shall also transmit

2320

a copy of the adopted comprehensive plan or plan amendment to the

2321

regional planning agency and to any other unit of local

2322

government or governmental agency in the state that has filed a

2323

written request with the governing body for a copy of the plan or

2324

plan amendment.

2325

     (15)  PUBLIC HEARINGS.--

2326

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

2327

advertised public hearings on the proposed comprehensive plan or

2328

plan amendment as follows:

2329

     1.  The first public hearing shall be held at the

2330

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

2331

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

2332

advertisement is published.

2333

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

2334

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

2335

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

2336

published. The comprehensive plan or plan amendment to be

2337

considered for adoption must be available to the public at least

2338

5 days before the date of the hearing, and must be posted at

2339

least 5 days before the date of the hearing on the local

2340

government's website if one is maintained. The proposed

2341

comprehensive plan amendment may not be altered during the 5 days

2342

before the hearing if such alteration increases the permissible

2343

density, intensity, or height, or decreases the minimum buffers,

2344

setbacks, or open space. If the amendment is altered in this

2345

manner during the 5-day period or at the public hearing, the

2346

public hearing shall be continued to the next meeting of the

2347

local governing body. As part of the adoption package, the local

2348

government shall certify in writing to the state land planning

2349

agency that it has complied with this subsection.

2350

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

2351

the transmittal hearing and at the adoption hearing for persons

2352

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

2353

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

2354

information will receive a courtesy informational statement

2355

concerning publications of the state land planning agency's

2356

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

2357

form the name and address of any person who submits written

2358

comments concerning the proposed plan or plan amendment during

2359

the time period between the commencement of the transmittal

2360

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

2361

responsibility of the person completing the form or providing

2362

written comments to accurately, completely, and legibly provide

2363

all information needed in order to receive the courtesy

2364

informational statement.

2365

     (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN

2366

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

2367

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

2368

may adopt a plan amendment related to map amendments solely to

2369

property within an urban service boundary in the manner described

2370

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

2371

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

2372

regional agency review is eliminated. The department may not

2373

issue an objections, recommendations, and comments report on

2374

proposed plan amendments or a notice of intent on adopted plan

2375

amendments; however, affected persons, as defined by paragraph

2376

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

2377

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

2378

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

2379

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

2380

amendment that increases residential densities allowable in high-

2381

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

2382

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

2383

government's comprehensive plan. Amendments submitted under this

2384

subsection are exempt from the limitation on the frequency of

2385

plan amendments in s. 163.3187.

2386

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

2387

municipality that has a designated urban infill and redevelopment

2388

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

2389

amendments solely to property within a designated urban infill

2390

and redevelopment area in the manner described in subsections

2391

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

2392

e., 2., and 3., such that state and regional agency review is

2393

eliminated. The department may not issue an objections,

2394

recommendations, and comments report on proposed plan amendments

2395

or a notice of intent on adopted plan amendments; however,

2396

affected persons, as defined by paragraph (1)(a), may file a

2397

petition for administrative review pursuant to the requirements

2398

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

2399

plan amendment. This subsection does not apply to any amendment

2400

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

2401

increases residential densities allowable in high-hazard coastal

2402

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

2403

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

2404

comprehensive plan. Amendments submitted under this subsection

2405

are exempt from the limitation on the frequency of plan

2406

amendments in s. 163.3187.

2407

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

2408

local government that identifies in its comprehensive plan the

2409

types of housing developments and conditions for which it will

2410

consider plan amendments that are consistent with the local

2411

housing incentive strategies identified in s. 420.9076 and

2412

authorized by the local government may expedite consideration of

2413

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

2414

plan amendment pursuant to this subsection, the local government

2415

shall notify the state land planning agency of its intent to

2416

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

2417

government's evaluation of site suitability and availability of

2418

facilities and services. A plan amendment considered under this

2419

subsection shall require only a single public hearing before the

2420

local governing body, which shall be a plan amendment adoption

2421

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

2422

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

2423

statement that the local government intends to use the expedited

2424

adoption process authorized under this subsection. The state land

2425

planning agency shall issue its notice of intent required under

2426

subsection (8) within 30 days after determining that the

2427

amendment package is complete. Any further proceedings shall be

2428

governed by subsections (9)-(16).

2429

     Section 9.  Section 163.3187, Florida Statutes, is amended

2430

to read:

2431

     163.3187  Amendment of adopted comprehensive plan.--

2432

     (1) Comprehensive plan amendments may be adopted by simple

2433

majority vote of the governing body of the local government,

2434

except a super majority vote of the members of the governing body

2435

of the local government present at the hearing is required to

2436

adopt any text amendment, except for:

2437

     (a) Special area text policies associated with a future

2438

land use map amendment;

2439

     (b) Text amendments to the schedule of capital

2440

improvements;

2441

     (c) Text amendments that implement recommendations in an

2442

evaluation and appraisal report; and

2443

     (d) Text amendments required to implement a new statutory

2444

requirement not previously incorporated into the comprehensive

2445

plan.

2446

     (2) Amendments to comprehensive plans may be transmitted

2447

and adopted pursuant to this part may be made not more than once

2448

two times during any calendar year, with the following exceptions

2449

except:

2450

     (a) Local governments may transmit and adopt the following

2451

comprehensive plan amendments twice per calendar year:

2452

     1. Future land use map amendments and special area policies

2453

associated with those map amendments for land within areas

2454

designated in the comprehensive plan for downtown revitalization

2455

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

2456

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

2457

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

2458

163.2517, or an urban service area pursuant to s.

2459

163.3180(5)(b)5.

2460

     2. Future land use map amendments within an area designated

2461

by the Governor as a rural area of critical economic concern

2462

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

2463

the adoption of such an amendment, the local government must

2464

obtain written certification from the Office of Tourism, Trade,

2465

and Economic Development that the plan amendment furthers the

2466

economic objectives set forth in the executive order issued under

2467

s. 288.0656(7).

2468

     3. Any local government comprehensive plan amendment

2469

establishing or implementing a rural land stewardship area

2470

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

2471

pursuant to the provisions of s. 163.3245.

2472

     (b) The following amendments may be adopted by the local

2473

government at any time during a calendar year without regard for

2474

the frequency restrictions set forth in paragraph (a):

2475

     1. Any local government comprehensive plan In the case of

2476

an emergency, comprehensive plan amendments may be made more

2477

often than twice during the calendar year if the additional plan

2478

amendment enacted in case of emergency which receives the

2479

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

2480

means any occurrence or threat thereof whether accidental or

2481

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

2482

may result in substantial injury or harm to the population or

2483

substantial damage to or loss of property or public funds.

2484

     2.(b) Any local government comprehensive plan amendments

2485

directly related to a proposed development of regional impact,

2486

including changes which have been determined to be substantial

2487

deviations and including Florida Quality Developments pursuant to

2488

s. 380.061, may be initiated by a local planning agency and

2489

considered by the local governing body at the same time as the

2490

application for development approval using the procedures

2491

provided for local plan amendment in this section and applicable

2492

local ordinances, without regard to statutory or local ordinance

2493

limits on the frequency of consideration of amendments to the

2494

local comprehensive plan. Nothing in this subsection shall be

2495

deemed to require favorable consideration of a plan amendment

2496

solely because it is related to a development of regional impact.

2497

     3.(c) Any Local government comprehensive plan amendments

2498

directly related to proposed small scale development activities

2499

may be approved without regard to statutory limits on the

2500

frequency of consideration of amendments to the local

2501

comprehensive plan. A small scale development amendment may be

2502

adopted only under the following conditions:

2503

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

2504

fewer and:

2505

     a.  The cumulative annual effect of the acreage for all

2506

small scale development amendments adopted by the local

2507

government shall not exceed:

2508

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

2509

contains areas specifically designated in the local comprehensive

2510

plan for urban infill, urban redevelopment, or downtown

2511

revitalization as defined in s. 163.3164, urban infill and

2512

redevelopment areas designated under s. 163.2517, transportation

2513

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

2514

or regional activity centers and urban central business districts

2515

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

2516

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

2517

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

2518

subparagraph. Amendments adopted pursuant to paragraph (k) shall

2519

not be counted toward the acreage limitations for small scale

2520

amendments under this paragraph.

2521

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

2522

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

2523

subparagraph (I).

2524

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

2525

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

2526

     b.  The proposed amendment does not involve the same

2527

property granted a change within the prior 12 months.

2528

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

2529

property within 200 feet of property granted a change within the

2530

prior 12 months.

2531

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

2532

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

2533

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

2534

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

2535

activity.

2536

     e.  The property that is the subject of the proposed

2537

amendment is not located within an area of critical state

2538

concern, unless the project subject to the proposed amendment

2539

involves the construction of affordable housing units meeting the

2540

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

2541

critical state concern designated by s. 380.0552 or by the

2542

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

2543

amendment is not subject to the density limitations of sub-

2544

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

2545

agency for consistency with the principles for guiding

2546

development applicable to the area of critical state concern

2547

where the amendment is located and is shall not become effective

2548

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

2549

     f.  If the proposed amendment involves a residential land

2550

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

2551

per acre or the proposed future land use category allows a

2552

maximum residential density of the same or less than the maximum

2553

residential density allowable under the existing future land use

2554

category, except that this limitation does not apply to small

2555

scale amendments involving the construction of affordable housing

2556

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

2557

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

2558

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

2559

designated in the local comprehensive plan for urban infill,

2560

urban redevelopment, or downtown revitalization as defined in s.

2561

163.3164, urban infill and redevelopment areas designated under

2562

s. 163.2517, transportation concurrency exception areas approved

2563

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

2564

urban central business districts approved pursuant to s.

2565

380.06(2)(e).

2566

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

2567

amendment pursuant to this paragraph is not required to comply

2568

with the procedures and public notice requirements of s.

2569

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

2570

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

2571

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

2572

amendment under this paragraph is initiated by other than the

2573

local government, public notice is required.

2574

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

2575

amendment to the state land planning agency, the regional

2576

planning council, and any other person or entity requesting a

2577

copy. This information shall also include a statement identifying

2578

any property subject to the amendment that is located within a

2579

coastal high-hazard area as identified in the local comprehensive

2580

plan.

2581

     6.3. Small scale development amendments adopted pursuant to

2582

this paragraph require only one public hearing before the

2583

governing board, which shall be an adoption hearing as described

2584

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

2585

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

2586

subject to those requirements.

2587

     7.4. If the small scale development amendment involves a

2588

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

2589

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

2590

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

2591

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

2592

The local government approving the small scale plan amendment

2593

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

2594

Development that the plan amendment furthers the economic

2595

objectives set forth in the executive order issued under s.

2596

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

2597

undergo public review to ensure that all concurrency requirements

2598

and federal, state, and local environmental permit requirements

2599

are met.

2600

     8.(d) Any comprehensive plan amendment required by a

2601

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

2602

without regard to statutory limits on the frequency of adoption

2603

of amendments to the comprehensive plan.

2604

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

2605

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

2606

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

2607

amendments.

2608

     9.(f) Any comprehensive plan amendment that changes the

2609

schedule in the capital improvements element, and any amendments

2610

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

2611

year on a date different from the two times provided in this

2612

subsection when necessary to coincide with the adoption of the

2613

local government's budget and capital improvements program.

2614

     (g) Any local government comprehensive plan amendments

2615

directly related to proposed redevelopment of brownfield areas

2616

designated under s. 376.80 may be approved without regard to

2617

statutory limits on the frequency of consideration of amendments

2618

to the local comprehensive plan.

2619

     10.(h) Any comprehensive plan amendments for port

2620

transportation facilities and projects that are eligible for

2621

funding by the Florida Seaport Transportation and Economic

2622

Development Council pursuant to s. 311.07.

2623

     (i) A comprehensive plan amendment for the purpose of

2624

designating an urban infill and redevelopment area under s.

2625

163.2517 may be approved without regard to the statutory limits

2626

on the frequency of amendments to the comprehensive plan.

2627

     11.(j) Any comprehensive plan amendment to establish public

2628

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

2629

not limited to, adoption of a public school facilities element

2630

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

2631

capital improvements element and intergovernmental coordination

2632

element. In order to ensure the consistency of local government

2633

public school facilities elements within a county, such elements

2634

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

2635

     (k) A local comprehensive plan amendment directly related

2636

to providing transportation improvements to enhance life safety

2637

on Controlled Access Major Arterial Highways identified in the

2638

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

2639

125.011, where such roadways have a high incidence of traffic

2640

accidents resulting in serious injury or death. Any such

2641

amendment shall not include any amendment modifying the

2642

designation on a comprehensive development plan land use map nor

2643

any amendment modifying the allowable densities or intensities of

2644

any land.

2645

     (l) A comprehensive plan amendment to adopt a public

2646

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

2647

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

2648

notwithstanding statutory limits on the frequency of adopting

2649

plan amendments.

2650

     (m) A comprehensive plan amendment that addresses criteria

2651

or compatibility of land uses adjacent to or in close proximity

2652

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

2653

element does not count toward the limitation on the frequency of

2654

the plan amendments.

2655

     (n) Any local government comprehensive plan amendment

2656

establishing or implementing a rural land stewardship area

2657

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

2658

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

2659

area designated by the Governor as a rural area of critical

2660

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

2661

development objectives may be approved without regard to the

2662

statutory limits on the frequency of adoption of amendments to

2663

the comprehensive plan.

2664

     (p) Any local government comprehensive plan amendment that

2665

is consistent with the local housing incentive strategies

2666

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

2667

     12. Any local government comprehensive plan amendment

2668

adopted pursuant to a final order issued by the Administration

2669

Commission or Florida Land and Water Adjudicatory Commission.

2670

     13. A future land use map amendment including not more than

2671

20 acres within an area designated by the Governor as a rural

2672

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

2673

duration of such designation. Before the adoption of such an

2674

amendment, the local government shall obtain from the Office of

2675

Tourism, Trade, and Economic Development written certification

2676

that the plan amendment furthers the economic objectives set

2677

forth in the executive order issued under s. 288.0656(7). The

2678

property subject to the plan amendment is subject to all

2679

concurrency requirements and federal, state, and local

2680

environmental permit requirements.

2681

     14. Future land use map amendments and any associated

2682

special area policies that exist for affordable housing and

2683

qualify for expedited review under s. 163.32461.

2684

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

2685

way as to preserve the internal consistency of the plan pursuant

2686

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

2687

current costs which were set out as part of the comprehensive

2688

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

2689

amendments.

2690

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

2691

or issue a notice of intent for small scale development

2692

amendments which satisfy the requirements of paragraph (2)(b)3.

2693

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

2694

of Administrative Hearings pursuant to ss. 120.569 and 120.57 to

2695

request a hearing to challenge the compliance of a small scale

2696

development amendment with this act within 30 days following the

2697

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

2698

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

2699

to the state land planning agency. An administrative law judge

2700

shall hold a hearing in the affected jurisdiction not less than

2701

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

2702

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

2703

a hearing held pursuant to this subsection shall be the

2704

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

2705

proceeding, the local government's determination that the small

2706

scale development amendment is in compliance is presumed to be

2707

correct. The local government's determination shall be sustained

2708

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

2709

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

2710

In any proceeding initiated pursuant to this subsection, the

2711

state land planning agency may intervene.

2712

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

2713

small scale development amendment be found not in compliance, the

2714

administrative law judge shall submit the recommended order to

2715

the Administration Commission for final agency action. If the

2716

administrative law judge recommends that the small scale

2717

development amendment be found in compliance, the administrative

2718

law judge shall submit the recommended order to the state land

2719

planning agency.

2720

     2.  If the state land planning agency determines that the

2721

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

2722

within 30 days following its receipt, the recommended order to

2723

the Administration Commission for final agency action. If the

2724

state land planning agency determines that the plan amendment is

2725

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

2726

days following its receipt of the recommended order.

2727

     (c)  Small scale development amendments shall not become

2728

effective until 31 days after adoption. If challenged within 30

2729

days after adoption, small scale development amendments shall not

2730

become effective until the state land planning agency or the

2731

Administration Commission, respectively, issues a final order

2732

determining that the adopted small scale development amendment is

2733

in compliance. However, a small-scale amendment shall not become

2734

effective until it has been rendered to the state land planning

2735

agency as required by sub-subparagraph (1)(d)2.b. and the state

2736

land planning agency has certified to the local government in

2737

writing that the amendment qualifies as a small-scale amendment.

2738

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

2739

planning agency a current copy of its comprehensive plan not

2740

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

2741

transmit copies of any amendments it adopts to its comprehensive

2742

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

2743

land planning agency.

2744

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

2745

limit the authority of local governments to require that a person

2746

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

2747

notice.

2748

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

2749

comprehensive plan after the date established by the state land

2750

planning agency for adoption of its evaluation and appraisal

2751

report unless it has submitted its report or addendum to the

2752

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

2753

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

2754

paragraph (2)(b)10. (1)(h).

2755

     (b)  A local government may amend its comprehensive plan

2756

after it has submitted its adopted evaluation and appraisal

2757

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

2758

of sufficiency regardless of whether the report has been

2759

determined to be insufficient.

2760

     (c)  A local government may not amend its comprehensive

2761

plan, except for plan amendments described in paragraph (2)(b)2.

2762

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

2763

determination of the report has expired and the report has not

2764

been determined to be sufficient.

2765

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

2766

the report has sufficiently addressed all pertinent provisions of

2767

s. 163.3191, the local government may amend its comprehensive

2768

plan without the limitations imposed by paragraph (a) or

2769

paragraph (c).

2770

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

2771

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

2772

but such invalidity may be overcome if the local government

2773

readopts the amendment and transmits the amendment to the state

2774

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

2775

is determined to be sufficient.

2776

     Section 10.  Section 163.3245, Florida Statutes, is amended

2777

to read:

2778

     163.3245  Optional sector plans.--

2779

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

2780

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

2781

detailed planning for specific areas, as a demonstration project,

2782

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

2783

this section for up to five local governments or combinations of

2784

local governments may which adopt into their the comprehensive

2785

plans plan an optional sector plan in accordance with this

2786

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

2787

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

2788

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

2789

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

2790

the level of data and analysis required for a development of

2791

regional impact, while ensuring the adequate mitigation of

2792

impacts to applicable regional resources and facilities,

2793

including those within the jurisdiction of other local

2794

governments, as would otherwise be provided. Optional sector

2795

plans are intended for substantial geographic areas which include

2796

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

2797

local governmental jurisdictions and are to emphasize urban form

2798

and protection of regionally significant resources and

2799

facilities. The state land planning agency may approve optional

2800

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

2801

circumstances if it is determined that the plan would further the

2802

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

2803

an optional sector plan is authorized by agreement between the

2804

state land planning agency and the applicable local governments

2805

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

2806

through one or more comprehensive plan amendments under s.

2807

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

2808

in an area of critical state concern.

2809

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

2810

agreement to authorize preparation of an optional sector plan

2811

upon the request of one or more local governments based on

2812

consideration of problems and opportunities presented by existing

2813

development trends; the effectiveness of current comprehensive

2814

plan provisions; the potential to further the state comprehensive

2815

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

2816

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

2817

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

2818

conduct a scoping meeting with affected local governments and

2819

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

2820

government may consider the sector plan amendments for

2821

transmittal execution of the agreement authorized by this

2822

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

2823

planning agency and the local government in identifying the

2824

identification of the relevant planning issues to be addressed

2825

and the data and resources available to assist in the preparation

2826

of the subsequent plan amendments. The regional planning council

2827

shall make written recommendations to the state land planning

2828

agency and affected local governments relating to, including

2829

whether a sustainable sector plan would be appropriate. The

2830

agreement must define the geographic area to be subject to the

2831

sector plan, the planning issues that will be emphasized,

2832

requirements for intergovernmental coordination to address

2833

extrajurisdictional impacts, supporting application materials

2834

including data and analysis, and procedures for public

2835

participation. An agreement may address previously adopted sector

2836

plans that are consistent with the standards in this section.

2837

Before executing an agreement under this subsection, the local

2838

government shall hold a duly noticed public workshop to review

2839

and explain to the public the optional sector planning process

2840

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

2841

government shall hold a duly noticed public hearing to execute

2842

the agreement. All meetings between the state land planning

2843

agency department and the local government must be open to the

2844

public.

2845

     (3)  Optional sector planning encompasses two levels:

2846

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

2847

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

2848

immediate effect on the issuance of development orders or the

2849

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

2850

detailed specific area plans that implement the conceptual long-

2851

term overlay plan buildout overlay and authorize issuance of

2852

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

2853

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

2854

future land use designations may be used only if consistent with

2855

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

2856

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

2857

underlying future land use designations apply.

2858

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

2859

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

2860

163.3184 buildout overlay must include maps and text supported by

2861

data and analysis that address the following:

2862

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

2863

at a minimum, identifies the maximum and minimum amounts,

2864

densities, intensities, and types of allowable development and

2865

generally depicts anticipated areas of urban, agricultural,

2866

rural, and conservation land use.

2867

     2. A general identification of regionally significant

2868

public facilities consistent with chapter 9J-2, Florida

2869

Administrative Code, irrespective of local governmental

2870

jurisdiction, necessary to support buildout of the anticipated

2871

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

2872

used to address and mitigate these impacts as part of the

2873

adoption of detailed specific area plans.

2874

     3. A general identification of regionally significant

2875

natural resources and policies ensuring the protection and

2876

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

2877

Florida Administrative Code.

2878

     4.  Principles and guidelines that address the urban form

2879

and interrelationships of anticipated future land uses, and a

2880

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

2881

which the plan will address restoring key ecosystems, achieving a

2882

more clean, healthy environment, limiting urban sprawl within the

2883

sector plan and surrounding area, providing affordable and

2884

workforce housing, promoting energy-efficient land use patterns,

2885

protecting wildlife and natural areas, advancing the efficient

2886

use of land and other resources, and creating quality communities

2887

and jobs.

2888

     5.  Identification of general procedures to ensure

2889

intergovernmental coordination to address extrajurisdictional

2890

impacts from the long-range conceptual overlay plan framework

2891

map.

2892

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

2893

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

2894

plans must include:

2895

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

2896

development which achieves a functional relationship between a

2897

full range of land uses within the area and encompasses to

2898

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

2899

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

2900

based on local circumstances if it is determined that the plan

2901

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

2902

     2. Detailed identification and analysis of the minimum and

2903

maximum amounts, densities, intensities, distribution, extent,

2904

and location of future land uses.

2905

     3.  Detailed identification of regionally significant public

2906

facilities, including public facilities outside the jurisdiction

2907

of the host local government, anticipated impacts of future land

2908

uses on those facilities, and required improvements consistent

2909

with the policies accompanying the plan and, for transportation,

2910

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

2911

     4.  Public facilities necessary for the short term,

2912

including developer contributions in a financially feasible 5-

2913

year capital improvement schedule of the affected local

2914

government.

2915

     5.  Detailed analysis and identification of specific

2916

measures to assure the protection of regionally significant

2917

natural resources and other important resources both within and

2918

outside the host jurisdiction, including those regionally

2919

significant resources identified in chapter 9J-2, Florida

2920

Administrative Code.

2921

     6.  Principles and guidelines that address the urban form

2922

and interrelationships of anticipated future land uses and a

2923

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

2924

which the plan will address restoring key ecosystems, achieving a

2925

more clean, healthy environment, limiting urban sprawl, providing

2926

affordable and workforce housing, promoting energy-efficient land

2927

use patterns, protecting wildlife and natural areas, advancing

2928

the efficient use of land and other resources, and creating

2929

quality communities and jobs.

2930

     7.  Identification of specific procedures to ensure

2931

intergovernmental coordination that addresses to address

2932

extrajurisdictional impacts of the detailed specific area plan.

2933

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

2934

preparation and approval of the optional sector plan and detailed

2935

specific area plan concurrently or in the same submission.

2936

     (4) The host local government shall submit a monitoring

2937

report to the state land planning agency and applicable regional

2938

planning council on an annual basis after adoption of a detailed

2939

specific area plan. The annual monitoring report must provide

2940

summarized information on development orders issued, development

2941

that has occurred, public facility improvements made, and public

2942

facility improvements anticipated over the upcoming 5 years.

2943

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

2944

specific area plan has become effective under ss. 163.3184 and

2945

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

2946

development within the geographic area of the detailed specific

2947

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

2948

development order that is vested from the detailed specific area

2949

plan may be enforced under s. 380.11.

2950

     (a)  The local government adopting the detailed specific

2951

area plan is primarily responsible for monitoring and enforcing

2952

the detailed specific area plan. Local governments may shall not

2953

issue any permits or approvals or provide any extensions of

2954

services to development that are not consistent with the detailed

2955

sector area plan.

2956

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

2957

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

2958

agreement entered into under this section, has occurred or is

2959

about to occur, it may institute an administrative or judicial

2960

proceeding to prevent, abate, or control the conditions or

2961

activity creating the violation, using the procedures in s.

2962

380.11.

2963

     (c) In instituting an administrative or judicial proceeding

2964

involving an optional sector plan or detailed specific area plan,

2965

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

2966

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

2967

(6), and (7).

2968

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

2969

the department shall provide a status report to the Legislative

2970

Committee on Intergovernmental Relations regarding each optional

2971

sector plan authorized under this section.

2972

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

2973

the rights of any person under this chapter.

2974

     Section 11.  Section 163.3246, Florida Statutes, is amended

2975

to read:

2976

     163.3246  Local Government Comprehensive Planning

2977

Certification Program.--

2978

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

2979

Government Comprehensive Planning Certification Program has had a

2980

low level of interest from and participation by local

2981

governments. New approaches, such as the Alternative State Review

2982

Process Pilot Program, provide a more effective approach to

2983

expediting and streamlining comprehensive plan amendment review.

2984

Therefore, the Local Government Comprehensive Planning

2985

Certification Program is discontinued and no additional local

2986

governments may be certified. The municipalities of Freeport,

2987

Lakeland, Miramar, and Orlando may continue to adopt amendments

2988

in accordance with this section and their certification agreement

2989

or certification notice. to be administered by the Department of

2990

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

2991

certification process for local governments who identify a

2992

geographic area for certification within which they commit to

2993

directing growth and who, because of a demonstrated record of

2994

effectively adopting, implementing, and enforcing its

2995

comprehensive plan, the level of technical planning experience

2996

exhibited by the local government, and a commitment to implement

2997

exemplary planning practices, require less state and regional

2998

oversight of the comprehensive plan amendment process. The

2999

purpose of the certification area is to designate areas that are

3000

contiguous, compact, and appropriate for urban growth and

3001

development within a 10-year planning timeframe. Municipalities

3002

and counties are encouraged to jointly establish the

3003

certification area, and subsequently enter into joint

3004

certification agreement with the department.

3005

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

3006

program, the local government must:

3007

     (a) Demonstrate a record of effectively adopting,

3008

implementing, and enforcing its comprehensive plan;

3009

     (b) Demonstrate technical, financial, and administrative

3010

expertise to implement the provisions of this part without state

3011

oversight;

3012

     (c) Obtain comments from the state and regional review

3013

agencies regarding the appropriateness of the proposed

3014

certification;

3015

     (d) Hold at least one public hearing soliciting public

3016

input concerning the local government's proposal for

3017

certification; and

3018

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

3019

comprehensive plan and land development regulations which:

3020

     1. Promote infill development and redevelopment, including

3021

prioritized and timely permitting processes in which applications

3022

for local development permits within the certification area are

3023

acted upon expeditiously for proposed development that is

3024

consistent with the local comprehensive plan.

3025

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

3026

very-low-income households or specialized housing to assist

3027

elderly and disabled persons to remain at home or in independent

3028

living arrangements.

3029

     3. Achieve effective intergovernmental coordination and

3030

address the extrajurisdictional effects of development within the

3031

certified area.

3032

     4. Promote economic diversity and growth while encouraging

3033

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

3034

the protection and restoration of the environment.

3035

     5. Provide and maintain public urban and rural open space

3036

and recreational opportunities.

3037

     6. Manage transportation and land uses to support public

3038

transit and promote opportunities for pedestrian and nonmotorized

3039

transportation.

3040

     7. Use design principles to foster individual community

3041

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

3042

oriented safe neighborhoods and town centers.

3043

     8. Redevelop blighted areas.

3044

     9. Adopt a local mitigation strategy and have programs to

3045

improve disaster preparedness and the ability to protect lives

3046

and property, especially in coastal high-hazard areas.

3047

     10. Encourage clustered, mixed-use development that

3048

incorporates greenspace and residential development within

3049

walking distance of commercial development.

3050

     11. Encourage urban infill at appropriate densities and

3051

intensities and separate urban and rural uses and discourage

3052

urban sprawl while preserving public open space and planning for

3053

buffer-type land uses and rural development consistent with their

3054

respective character along and outside the certification area.

3055

     12. Assure protection of key natural areas and agricultural

3056

lands that are identified using state and local inventories of

3057

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

3058

     a. Wildlife corridors.

3059

     b. Lands with high native biological diversity, important

3060

areas for threatened and endangered species, species of special

3061

concern, migratory bird habitat, and intact natural communities.

3062

     c. Significant surface waters and springs, aquatic

3063

preserves, wetlands, and outstanding Florida waters.

3064

     d. Water resources suitable for preservation of natural

3065

systems and for water resource development.

3066

     e. Representative and rare native Florida natural systems.

3067

     13. Ensure the cost-efficient provision of public

3068

infrastructure and services.

3069

     (3) Portions of local governments located within areas of

3070

critical state concern cannot be included in a certification

3071

area.

3072

     (4) A local government or group of local governments

3073

seeking certification of all or part of a jurisdiction or

3074

jurisdictions must submit an application to the department which

3075

demonstrates that the area sought to be certified meets the

3076

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

3077

include copies of the applicable local government comprehensive

3078

plan, land development regulations, interlocal agreements, and

3079

other relevant information supporting the eligibility criteria

3080

for designation. Upon receipt of a complete application, the

3081

department must provide the local government with an initial

3082

response to the application within 90 days after receipt of the

3083

application.

3084

     (5) If the local government meets the eligibility criteria

3085

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

3086

local government by written agreement, which shall be considered

3087

final agency action subject to challenge under s. 120.569.

3088

     (2) The agreement for the municipalities of Lakeland,

3089

Miramar, and Orlando must include the following components:

3090

     (a)  The basis for certification.

3091

     (b)  The boundary of the certification area, which

3092

encompasses areas that are contiguous, compact, appropriate for

3093

urban growth and development, and in which public infrastructure

3094

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

3095

timeframe. The certification area must is required to include

3096

sufficient land to accommodate projected population growth,

3097

housing demand, including choice in housing types and

3098

affordability, job growth and employment, appropriate densities

3099

and intensities of use to be achieved in new development and

3100

redevelopment, existing or planned infrastructure, including

3101

transportation and central water and sewer facilities. The

3102

certification area must be adopted as part of the local

3103

government's comprehensive plan.

3104

     (c)  A demonstration that the capital improvements plan

3105

governing the certified area is updated annually.

3106

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

3107

visioning plan.

3108

     (e)  A description of baseline conditions related to the

3109

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

3110

     (f)  A work program setting forth specific planning

3111

strategies and projects that will be undertaken to achieve

3112

improvement in the baseline conditions as measured by the

3113

criteria identified in paragraph (g).

3114

     (g)  Criteria to evaluate the effectiveness of the

3115

certification process in achieving the community-development

3116

goals for the certification area including:

3117

     1.  Measuring the compactness of growth, expressed as the

3118

ratio between population growth and land consumed;

3119

     2.  Increasing residential density and intensities of use;

3120

     3.  Measuring and reducing vehicle miles traveled and

3121

increasing the interconnectedness of the street system,

3122

pedestrian access, and mass transit;

3123

     4.  Measuring the balance between the location of jobs and

3124

housing;

3125

     5.  Improving the housing mix within the certification area,

3126

including the provision of mixed-use neighborhoods, affordable

3127

housing, and the creation of an affordable housing program if

3128

such a program is not already in place;

3129

     6.  Promoting mixed-use developments as an alternative to

3130

single-purpose centers;

3131

     7.  Promoting clustered development having dedicated open

3132

space;

3133

     8.  Linking commercial, educational, and recreational uses

3134

directly to residential growth;

3135

     9.  Reducing per capita water and energy consumption;

3136

     10.  Prioritizing environmental features to be protected and

3137

adopting measures or programs to protect identified features;

3138

     11.  Reducing hurricane shelter deficits and evacuation

3139

times and implementing the adopted mitigation strategies; and

3140

     12.  Improving coordination between the local government and

3141

school board.

3142

     (h)  A commitment to change any land development regulations

3143

that restrict compact development and adopt alternative design

3144

codes that encourage desirable densities and intensities of use

3145

and patterns of compact development identified in the agreement.

3146

     (i)  A plan for increasing public participation in

3147

comprehensive planning and land use decisionmaking which includes

3148

outreach to neighborhood and civic associations through community

3149

planning initiatives.

3150

     (j)  A demonstration that the intergovernmental coordination

3151

element of the local government's comprehensive plan includes

3152

joint processes for coordination between the school board and

3153

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

3154

requirements of law.

3155

     (k)  A method of addressing the extrajurisdictional effects

3156

of development within the certified area, which is integrated by

3157

amendment into the intergovernmental coordination element of the

3158

local government comprehensive plan.

3159

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

3160

land planning agency department of plan amendments adopted during

3161

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

3162

terms and conditions of the certification agreement. Prior to the

3163

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

3164

public hearing soliciting public input on the progress of the

3165

local government in satisfying the terms of the certification

3166

agreement.

3167

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

3168

years after execution of the agreement.

3169

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

3170

agreements each fiscal year. The department shall adopt

3171

procedural rules governing the application and review of local

3172

government requests for certification. Such procedural rules may

3173

establish a phased schedule for review of local government

3174

requests for certification.

3175

     (3) For the municipality of Freeport, the notice of

3176

certification shall include the following components:

3177

     (a) The boundary of the certification area.

3178

     (b) A report to the state land planning agency according to

3179

the schedule provided in the written notice. The monitoring

3180

report shall, at a minimum, include the number of amendments to

3181

the comprehensive plan adopted by the local government, the

3182

number of plan amendments challenged by an affected person, and

3183

the disposition of those challenges.

3184

     (c) Notwithstanding any other subsections, the municipality

3185

of Freeport shall remain certified for as long as it is

3186

designated as a rural area of critical economic concern.

3187

     (4) If the municipality of Freeport does not request that

3188

the state land planning agency review the developments of

3189

regional impact that are proposed within the certified area, an

3190

application for approval of a development order within the

3191

certified area shall be exempt from review under s. 380.06,

3192

subject to the following:

3193

     (a) Concurrent with filing an application for development

3194

approval with the local government, a developer proposing a

3195

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

3196

380.06 shall notify in writing the regional planning council that

3197

has jurisdiction.

3198

     (b) The regional planning council shall coordinate with the

3199

developer and the local government to ensure that all concurrency

3200

requirements as well as federal, state, and local environmental

3201

permit requirements are met.

3202

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

3203

revoke the local government's certification if it determines that

3204

the local government is not substantially complying with the

3205

terms of the agreement.

3206

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

3207

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

3208

alleging that a local government is not substantially complying

3209

with the terms of the agreement, using the procedures and

3210

timeframes for notice and conditions precedent described in s.

3211

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

3212

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

3213

     (7)(9)(a) Upon certification All comprehensive plan

3214

amendments associated with the area certified must be adopted and

3215

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

3216

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

3217

agency review is eliminated. The state land planning agency

3218

department may not issue any objections, recommendations, and

3219

comments report on proposed plan amendments or a notice of intent

3220

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

3221

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

3222

administrative review pursuant to the requirements of s.

3223

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

3224

amendment.

3225

     (b)  Plan amendments that change the boundaries of the

3226

certification area; propose a rural land stewardship area

3227

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

3228

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

3229

update a comprehensive plan based on an evaluation and appraisal

3230

report; impact lands outside the certification boundary;

3231

implement new statutory requirements that require specific

3232

comprehensive plan amendments; or increase hurricane evacuation

3233

times or the need for shelter capacity on lands within the

3234

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

3236

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

3237

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

3238

economic concern pursuant to s. 288.0656 which is located within

3239

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

3240

212.055(3) shall be considered certified during the effectiveness

3241

of the designation of rural area of critical economic concern.

3242

The state land planning agency shall provide a written notice of

3243

certification to the local government of the certified area,

3244

which shall be considered final agency action subject to

3245

challenge under s. 120.569. The notice of certification shall

3246

include the following components:

3247

     (a) The boundary of the certification area.

3248

     (b) A requirement that the local government submit either

3249

an annual or biennial monitoring report to the state land

3250

planning agency according to the schedule provided in the written

3251

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

3252

number of amendments to the comprehensive plan adopted by the

3253

local government, the number of plan amendments challenged by an

3254

affected person, and the disposition of those challenges.

3255

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

3256

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

3257

agency review the developments of regional impact that are

3258

proposed within the certified area, an application for approval

3259

of a development order within the certified area shall be exempt

3260

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

3261

     (a) Concurrent with filing an application for development

3262

approval with the local government, a developer proposing a

3263

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

3264

380.06 shall notify in writing the regional planning council with

3265

jurisdiction.

3266

     (b) The regional planning council shall coordinate with the

3267

developer and the local government to ensure that all concurrency

3268

requirements as well as federal, state, and local environmental

3269

permit requirements are met.

3270

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

3271

reviewed by the local government and the state land planning

3272

agency department as part of the evaluation and appraisal process

3273

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

3274

local government to update its comprehensive plan based on the

3275

evaluation and appraisal report, the state land planning agency

3276

department shall renew or revoke the certification. The local

3277

government's failure to adopt a timely evaluation and appraisal

3278

report, failure to adopt an evaluation and appraisal report found

3279

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

3280

an evaluation and appraisal report found to be in compliance by

3281

the state land planning agency department shall be cause for

3282

revoking the certification agreement. The state land planning

3283

agency's department's decision to renew or revoke is shall be

3284

considered agency action subject to challenge under s. 120.569.

3285

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

3286

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

3287

the Speaker of the House of Representatives a report listing

3288

certified local governments, evaluating the effectiveness of the

3289

certification, and including any recommendations for legislative

3290

actions.

3291

     (14) The Office of Program Policy Analysis and Government

3292

Accountability shall prepare a report evaluating the

3293

certification program, which shall be submitted to the Governor,

3294

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

3295

Representatives by December 1, 2007.

3296

     Section 12.  Section 163.32461, Florida Statutes, is created

3297

to read:

3298

     163.32461 Affordable housing growth strategies.--

3299

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

3300

acute need to increase the availability of affordable housing in

3301

the state consistent this section, the state comprehensive plan,

3302

and the State Housing Strategy Act. The Legislature also

3303

recognizes that construction costs increase as the result of

3304

regulatory delays in approving the development of affordable

3305

housing. The Legislature further recognizes that the state's

3306

growth management laws can be amended in a manner that encourages

3307

the development of affordable housing. Therefore, it is the

3308

intent of the Legislature that state review of comprehensive plan

3309

amendments and local government review of development proposals

3310

that provide for affordable housing be streamlined and expedited.

3311

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

3312

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

3313

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

3314

construction of affordable housing.

3315

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

3316

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

3317

is affordable to individuals or families whose total annual

3318

household income does not exceed 120 percent of the area median

3319

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

3320

which the median purchase price for an existing single-family

3321

home exceeds the statewide median purchase price for such home,

3322

does not exceed 140 percent of the area median income adjusted

3323

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

3324

other restriction to ensure that it meets the income limits

3325

provided in this paragraph for at least 30 years.

3326

     (3) OPTIONAL EXPEDITED REVIEW IN COUNTIES HAVING A

3327

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

3328

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

3329

future land use map amendment for a proposed residential

3330

development or mixed-use development requiring that at least 15

3331

percent of the residential units are long-term affordable housing

3332

units is subject to the alternative state review process in s.

3333

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

3334

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

3335

time and in the same manner as the map amendment.

3336

     (4) OPTIONAL EXPEDITED REVIEW IN COUNTIES HAVING A

3337

POPULATION urban redevelopment pursuant to s. 163.3164(26), OF

3338

FEWER THAN 75,000.--In a county having a population of fewer than

3339

75,000 persons, a future land use map amendment for a proposed

3340

residential development or mixed-use development is subject to

3341

the alternative state review process in s. 163.32465(3)-(6) if:

3342

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

3343

appropriate for affordable housing in an adopted rural sub-

3344

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

3345

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

3346

residential units are long-term affordable housing units. Any

3347

special area plan policies or map notations directly related to

3348

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

3349

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

3350

provide funding, contingent upon a legislative appropriation, to

3351

counties that undertake the process of preparing a rural sub-

3352

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

3353

     (5) UNIFIED APPLICATION AND EXPEDITED REVIEW.--

3354

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

3355

a process for the unified and expedited review of an application

3356

for development approval for a residential development or mixed-

3357

use development in which at least 15 percent of the residential

3358

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

3359

combine plan amendment and rezoning approval at the local level

3360

and shall include, at a minimum:

3361

     1. A unified application. Each local government shall

3362

provide for a unified application for all comprehensive plan

3363

amendment and rezoning related to a residential development or

3364

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

3365

residential units are long-term affordable housing units. Local

3366

governments are encouraged to adopt requirements for a

3367

preapplication conference with an applicant to coordinate the

3368

completion and submission of the application. Local governments

3369

are also encouraged to assign the coordination for review of a

3370

unified application to one employee.

3371

     2. Procedures for expedited review. Each local government

3372

shall adopt procedures that require an expedited review of a

3373

unified application. At a minimum, these procedures must ensure

3374

that:

3375

     a. Within 10 days after receiving a unified application,

3376

the local government provides written notification to an

3377

applicant stating the application is complete or requests in

3378

writing any specific information needed to complete the

3379

application.

3380

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

3381

application and the governing body of the local government holds

3382

its first public hearing on whether to transmit the comprehensive

3383

plan amendment portion of a unified application under s.

3384

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

3385

determined to be complete.

3386

     c. For plan amendments that have been transmitted to the

3387

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

3388

governing body of a local government holds its second public

3389

hearing on whether to adopt the comprehensive plan amendment

3390

simultaneously with a hearing on any necessary rezoning ordinance

3391

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

3392

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

3393

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

3394

rural land-stewardship area, within optional sector plan, within

3395

coastal high-hazard area, within an area of critical state

3396

concern, or on lands identified as environmentally sensitive in

3397

the local comprehensive plan.

3398

     (6) EXPEDITED SUBDIVISIONS, SITE PLANS, AND BUILDING

3399

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

3400

that applications for subdivision, site plan approval, and

3401

building permits for a development in which 15 percent of the

3402

units are long-term affordable housing units are approved,

3403

approved with conditions, or denied within a specified number of

3404

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

3405

government normally takes to process such application.

3406

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

3407

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

3408

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

3409

development of affordable housing. The comprehensive plan shall

3410

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

3411

to receive the bonus.

3412

     (a) The density bonus:

3413

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

3414

of residential units and shall apply to land identified by the

3415

developer and approved by the local government;

3416

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

3417

urban service area in the local comprehensive plan; and

3418

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

3419

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

3420

as environmentally sensitive in the local comprehensive plan.

3421

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

3422

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

3423

both parcels must be located within the local government's

3424

jurisdiction for the density bonus to apply. The donated land

3425

must be suitable for development as housing and must be conveyed

3426

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

3427

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

3428

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

3429

or community redevelopment agency to be used for the development

3430

and preservation of permanently affordable housing in a project

3431

in which at least 30 percent of the residential units are

3432

affordable.

3433

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

3434

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

3435

percent density bonus above the allowable number of residential

3436

units for a residential development or a mixed-use development

3437

that is located within 2 miles of an existing employment center

3438

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

3439

least 15 percent of any residential units developed under this

3440

subsection must be long-term affordable housing units.

3441

     (a) The density bonus:

3442

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

3443

urban service area in the local comprehensive plan; and

3444

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

3445

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

3446

as environmentally sensitive in the local comprehensive plan.

3447

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

3448

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

3449

employment that are contiguously located, which employ 100 or

3450

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

3451

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

3452

critical economic concern under s. 288.0656.

3453

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

3454

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

3455

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

3456

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

3457

the next lower whole number.

3458

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

3459

affordable housing funding or allocation for any project or

3460

program within the local government's jurisdiction, a local

3461

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

3462

that the local government is in compliance with this section.

3463

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

3464

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

3465

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

3466

and subsections (7) and (8) of section 163.32465, Florida

3467

Statutes, are amended to read:

3468

     163.32465  State review of local comprehensive plans in

3469

urban areas.--

3470

     (1)  LEGISLATIVE FINDINGS.--

3471

     (a)  The Legislature finds that local governments in this

3472

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

3473

and needs. The Legislature also finds that the needs and

3474

resources of urban areas are different from those of rural areas

3475

and that different planning and growth management approaches,

3476

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

3477

role in overseeing growth management should reflect this

3478

diversity and should vary based on local government conditions,

3479

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

3480

Therefore Thus, the Legislature recognizes and finds that reduced

3481

state oversight of local comprehensive planning is justified for

3482

some local governments in urban areas and for certain types of

3483

development.

3484

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

3485

urban areas require a reduced level of state oversight because of

3486

their high degree of urbanization and the planning capabilities

3487

and resources of many of their local governments. An alternative

3488

state review process that is adequate to protect issues of

3489

regional or statewide importance should be created for

3490

appropriate local governments in these areas and for certain

3491

types of development. Further, the Legislature finds that

3492

development, including urban infill and redevelopment, should be

3493

encouraged in these urban areas. The Legislature finds that an

3494

alternative process for amending local comprehensive plans in

3495

these areas should be established with an objective of

3496

streamlining the process and recognizing local responsibility and

3497

accountability.

3498

     (2)  ALTERNATIVE STATE REVIEW PROCESS PILOT

3499

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

3500

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

3501

Hialeah shall follow the an alternative state review process

3502

provided in this section. Municipalities within the pilot

3503

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

3504

not to participate in the pilot program. The alternative state

3505

review process shall also apply to:

3506

     (a) Future land use map amendments and associated special

3507

area policies within areas designated in a comprehensive plan for

3508

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

3509

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

3510

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

3511

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

3512

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

3513

     (b) Affordable housing amendments that qualify under s.

3514

163.32461; and

3515

     (c) Future land use map amendments within an area

3516

designated by the Governor as a rural area of critical economic

3517

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

3518

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

3519

government must obtain written certification from the Office of

3520

Tourism, Trade, and Economic Development that the plan amendment

3521

furthers the economic objectives set forth in the executive order

3522

issued under s. 288.0656(7).

3523

     (3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS

3524

UNDER THE PILOT PROGRAM.--

3525

     (a)  Plan amendments adopted by the pilot program

3526

jurisdictions shall follow the alternate, expedited process in

3527

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

3528

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

3529

     (b)  Amendments that qualify as small-scale development

3530

amendments may continue to be adopted by the pilot program

3531

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

3532

(3).

3533

     (c)  Plan amendments that propose a rural land stewardship

3534

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

3535

plan; update a comprehensive plan based on an evaluation and

3536

appraisal report; implement new statutory requirements not

3537

previously incorporated into a comprehensive plan; or new plans

3538

for newly incorporated municipalities are subject to state review

3539

as set forth in s. 163.3184.

3540

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

3541

frequency, voting, and timing requirements for plan amendments

3542

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

3543

stated in this section.

3544

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

3545

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

3546

program jurisdictions.

3547

     (f) All amendments adopted under this section must comply

3548

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

3549

     (4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR

3550

PILOT PROGRAM.--

3551

     (b)  The agencies and local governments specified in

3552

paragraph (a) may provide comments regarding the amendment or

3553

amendments to the local government. The regional planning council

3554

review and comment shall be limited to effects on regional

3555

resources or facilities identified in the strategic regional

3556

policy plan and extrajurisdictional impacts that would be

3557

inconsistent with the comprehensive plan of the affected local

3558

government. A regional planning council may shall not review and

3559

comment on a proposed comprehensive plan amendment prepared by

3560

such council unless the plan amendment has been changed by the

3561

local government subsequent to the preparation of the plan

3562

amendment by the regional planning council. County comments on

3563

municipal comprehensive plan amendments shall be primarily in the

3564

context of the relationship and effect of the proposed plan

3565

amendments on the county plan. Municipal comments on county plan

3566

amendments shall be primarily in the context of the relationship

3567

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

3568

comments may include technical guidance on issues of agency

3569

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

3570

comments must shall clearly identify issues that, if not

3571

resolved, may result in an agency challenge to the plan

3572

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

3573

encouraged to focus potential challenges on issues of regional or

3574

statewide importance. Agencies and local governments must

3575

transmit their comments to the affected local government, if

3576

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

3577

local government not later than thirty days from the date on

3578

which the state land planning agency notifies the affected local

3579

government that the plan amendment package is complete agency or

3580

government received the amendment or amendments. Any comments

3581

from the agencies and local governments must also be transmitted

3582

to the state land planning agency.

3583

     (5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT

3584

AREAS.--

3585

     (a)  The local government shall hold its second public

3586

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

3587

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

3588

the day the second advertisement is published pursuant to the

3589

requirements of chapter 125 or chapter 166. Adoption of

3590

comprehensive plan amendments must be by ordinance and requires

3591

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

3592

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

3593

and the amendment adopted within 120 days after receipt of the

3594

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

3595

government fails to adopt the plan amendment within the timeframe

3596

set forth in this subsection, the plan amendment is deemed

3597

abandoned and the plan amendment may not be considered until the

3598

next available amendment cycle pursuant to s. 163.3187.

3599

     (6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT

3600

PROGRAM.--

3601

     (g)  An amendment adopted under the expedited provisions of

3602

this section shall not become effective until completion of the

3603

time period available to the state land planning agency for

3604

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

3605

adoption. If timely challenged, an amendment shall not become

3606

effective until the state land planning agency or the

3607

Administration Commission enters a final order determining that

3608

the adopted amendment is to be in compliance.

3609

     (7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL

3610

GOVERNMENTS.--Local governments and specific areas that are have

3611

been designated for alternate review process pursuant to ss.

3612

163.3246 and 163.3184(17) and (18) are not subject to this

3613

section.

3614

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

3615

planning agency may adopt procedural Agencies shall not

3616

promulgate rules to administer implement this section pilot

3617

program.

3618

     Section 14.  Section 166.0451, Florida Statutes, is

3619

renumbered as section 163.32432, Florida Statutes, and amended to

3620

read:

3621

     163.32432 166.0451 Disposition of municipal property for

3622

affordable housing.--

3623

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

3624

municipality shall prepare an inventory list of all real property

3625

within its jurisdiction to which the municipality holds fee

3626

simple title that is appropriate for use as affordable housing.

3627

The inventory list must include the address and legal description

3628

of each such property and specify whether the property is vacant

3629

or improved. The governing body of the municipality must review

3630

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

3631

conclusion of the public hearing. Following the public hearing,

3632

the governing body of the municipality shall adopt a resolution

3633

that includes an inventory list of such property.

3634

     (2)  The properties identified as appropriate for use as

3635

affordable housing on the inventory list adopted by the

3636

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

3637

to purchase land for the development of affordable housing or to

3638

increase the local government fund earmarked for affordable

3639

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

3640

development of the property as permanent affordable housing, or

3641

may be donated to a nonprofit housing organization for the

3642

construction of permanent affordable housing. Alternatively, the

3643

municipality may otherwise make the property available for use

3644

for the production and preservation of permanent affordable

3645

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

3646

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

3647

     (3) As a precondition to receiving any state affordable

3648

housing funding or allocation for any project or program within

3649

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

3650

of each year, provide certification that the inventory and any

3651

update required by this section is complete.

3652

     Section 15.  Paragraph (c) of subsection (6) of section

3653

253.034, Florida Statutes, is amended, and paragraph (d) is added

3654

to subsection (8) of that section, to read:

3655

     253.034  State-owned lands; uses.--

3656

     (6)  The Board of Trustees of the Internal Improvement Trust

3657

Fund shall determine which lands, the title to which is vested in

3658

the board, may be surplused. For conservation lands, the board

3659

shall make a determination that the lands are no longer needed

3660

for conservation purposes and may dispose of them by an

3661

affirmative vote of at least three members. In the case of a land

3662

exchange involving the disposition of conservation lands, the

3663

board must determine by an affirmative vote of at least three

3664

members that the exchange will result in a net positive

3665

conservation benefit. For all other lands, the board shall make a

3666

determination that the lands are no longer needed and may dispose

3667

of them by an affirmative vote of at least three members.

3668

     (c) At least every 5 10 years, as a component of each land

3669

management plan or land use plan and in a form and manner

3670

prescribed by rule by the board, each manager shall evaluate and

3671

indicate to the board those lands that are not being used for the

3672

purpose for which they were originally leased. For conservation

3673

lands, the council shall review and shall recommend to the board

3674

whether such lands should be retained in public ownership or

3675

disposed of by the board. For nonconservation lands, the division

3676

shall review such lands and shall recommend to the board whether

3677

such lands should be retained in public ownership or disposed of

3678

by the board.

3679

     (8)

3680

     (d) Beginning December 1, 2008, the Division of State Lands

3681

shall annually submit to the President of the Senate and the

3682

Speaker of the House of Representatives a copy of the state

3683

inventory that identifies all nonconservation lands, including

3684

lands that meet the surplus requirements of subsection (6) and

3685

lands purchased by the state, a state agency, or a water

3686

management district which are not essential or necessary for

3687

conservation purposes. The division shall also publish a copy of

3688

the annual inventory on its website and notify by electronic mail

3689

the executive head of the governing body of each local government

3690

that has lands in the inventory within its jurisdiction.

3691

     Section 16.  Subsection (5) and paragraph (d) of subsection

3692

(12) of section 288.975, Florida Statutes, are amended to read:

3693

     288.975  Military base reuse plans.--

3694

     (5)  At the discretion of the host local government, the

3695

provisions of this act may be complied with through the adoption

3696

of the military base reuse plan as a separate component of the

3697

local government comprehensive plan or through simultaneous

3698

amendments to all pertinent portions of the local government

3699

comprehensive plan. Once adopted and approved in accordance with

3700

this section, the military base reuse plan shall be considered to

3701

be part of the host local government's comprehensive plan and

3702

shall be thereafter implemented, amended, and reviewed in

3703

accordance with the provisions of part II of chapter 163. Local

3704

government comprehensive plan amendments necessary to initially

3705

adopt the military base reuse plan shall be exempt from the

3706

limitation on the frequency of plan amendments contained in s.

3707

163.3187(2).

3708

     (12)  Following receipt of a petition, the petitioning party

3709

or parties and the host local government shall seek resolution of

3710

the issues in dispute. The issues in dispute shall be resolved as

3711

follows:

3712

     (d)  Within 45 days after receiving the report from the

3713

state land planning agency, the Administration Commission shall

3714

take action to resolve the issues in dispute. In deciding upon a

3715

proper resolution, the Administration Commission shall consider

3716

the nature of the issues in dispute, any requests for a formal

3717

administrative hearing pursuant to chapter 120, the compliance of

3718

the parties with this section, the extent of the conflict between

3719

the parties, the comparative hardships and the public interest

3720

involved. If the Administration Commission incorporates in its

3721

final order a term or condition that requires any local

3722

government to amend its local government comprehensive plan, the

3723

local government shall amend its plan within 60 days after the

3724

issuance of the order. Such amendment or amendments shall be

3725

exempt from the limitation of the frequency of plan amendments

3726

contained in s. 163.3187(2), and A public hearing on such

3727

amendment or amendments pursuant to s. 163.3184(15)(b)1. is shall

3728

not be required. The final order of the Administration Commission

3729

is subject to appeal pursuant to s. 120.68. If the order of the

3730

Administration Commission is appealed, the time for the local

3731

government to amend its plan is shall be tolled during the

3732

pendency of any local, state, or federal administrative or

3733

judicial proceeding relating to the military base reuse plan.

3734

     Section 17.  Paragraph (e) of subsection (15), paragraph (c)

3735

of subsection (19), and paragraph (l) of subsection (24) of

3736

section 380.06, Florida Statutes, is amended, and paragraph (v)

3737

is added to subsection (24) of that section, to read:

3738

     380.06  Developments of regional impact.--

3739

     (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

3740

     (e)1.  A local government shall not include, as a

3741

development order condition for a development of regional impact,

3742

any requirement that a developer contribute or pay for land

3743

acquisition or construction or expansion of public facilities or

3744

portions thereof unless the local government has enacted a local

3745

ordinance which requires other development not subject to this

3746

section to contribute its proportionate share of the funds, land,

3747

or public facilities necessary to accommodate any impacts having

3748

a rational nexus to the proposed development, and the need to

3749

construct new facilities or add to the present system of public

3750

facilities must be reasonably attributable to the proposed

3751

development.

3752

     2.  A local government shall not approve a development of

3753

regional impact that does not make adequate provision for the

3754

public facilities needed to accommodate the impacts of the

3755

proposed development unless the local government includes in the

3756

development order a commitment by the local government to provide

3757

these facilities consistently with the development schedule

3758

approved in the development order; however, a local government's

3759

failure to meet the requirements of subparagraph 1. and this

3760

subparagraph shall not preclude the issuance of a development

3761

order where adequate provision is made by the developer for the

3762

public facilities needed to accommodate the impacts of the

3763

proposed development. Any funds or lands contributed by a

3764

developer must be expressly designated and used to accommodate

3765

impacts reasonably attributable to the proposed development. If a

3766

developer has contributed funds, lands, or other mitigation

3767

required by a development order to address the transportation

3768

impacts of a particular phase or stage of development, all

3769

transportation impacts attributable to that phase or stage of

3770

development shall be deemed fully mitigated in any subsequent

3771

monitoring or transportation analysis for any phase or state of

3772

development.

3773

     3.  The Department of Community Affairs and other state and

3774

regional agencies involved in the administration and

3775

implementation of this act shall cooperate and work with units of

3776

local government in preparing and adopting local impact fee and

3777

other contribution ordinances.

3778

     (19)  SUBSTANTIAL DEVIATIONS.--

3779

     (c)  An extension of the date of buildout of a development,

3780

or any phase thereof, by more than 7 years is presumed to create

3781

a substantial deviation subject to further development-of-

3782

regional-impact review. An extension of the date of buildout, or

3783

any phase thereof, of more than 5 years but not more than 7 years

3784

is presumed not to create a substantial deviation. The extension

3785

of the date of buildout of an areawide development of regional

3786

impact by more than 5 years but less than 10 years is presumed

3787

not to create a substantial deviation. These presumptions may be

3788

rebutted by clear and convincing evidence at the public hearing

3789

held by the local government. An extension of 5 years or less is

3790

not a substantial deviation. For the purpose of calculating when

3791

a buildout or phase date has been exceeded, the time shall be

3792

tolled during the pendency of administrative or judicial

3793

proceedings relating to development permits. Any extension of the

3794

buildout date of a project or a phase thereof shall automatically

3795

extend the commencement date of the project, the termination date

3796

of the development order, the expiration date of the development

3797

of regional impact, and the phases thereof if applicable by a

3798

like period of time. In recognition of the current and 2008 2007

3799

real estate market conditions, all development order, phase,

3800

buildout, commencement, and expiration dates, and all related

3801

local government approvals, for projects that are developments of

3802

regional impact or Florida Quality Developments and under active

3803

construction on July 1, 2007, or for which a development order

3804

was adopted after January 1, 2006, regardless of whether active

3805

construction has commenced are extended for 3 years regardless of

3806

any prior extension. The 3-year extension is not a substantial

3807

deviation, is not subject to further development-of-regional-

3808

impact review, and may not be considered when determining whether

3809

a subsequent extension is a substantial deviation under this

3810

subsection. This extension shall also apply to all local

3811

government approvals including agreements, certificates, and

3812

permits related to the project.

3813

     (24)  STATUTORY EXEMPTIONS.--

3814

     (l)  Any proposed development within an urban service

3815

boundary established as part of a local comprehensive plan under

3816

s. 163.3187 s. 163.3177(14) is exempt from the provisions of this

3817

section if the local government having jurisdiction over the area

3818

where the development is proposed has adopted the urban service

3819

boundary, has entered into a binding agreement with jurisdictions

3820

that would be impacted and with the Department of Transportation

3821

regarding the mitigation of impacts on state and regional

3822

transportation facilities, and has adopted a proportionate share

3823

methodology pursuant to s. 163.3180(16).

3824

     (v) Any proposed development of up to an additional 150

3825

percent of the office development threshold located within 5

3826

miles of a state-sponsored biotechnical research facility is

3827

exempt from this section.

3828

3829

If a use is exempt from review as a development of regional

3830

impact under paragraphs (a)-(t) and (v), but will be part of a

3831

larger project that is subject to review as a development of

3832

regional impact, the impact of the exempt use must be included in

3833

the review of the larger project.

3834

     Section 18.  Paragraph (h) of subsection (3) of section

3835

380.0651, Florida Statutes, is amended to read:

3836

     380.0651  Statewide guidelines and standards.--

3837

     (3)  The following statewide guidelines and standards shall

3838

be applied in the manner described in s. 380.06(2) to determine

3839

whether the following developments shall be required to undergo

3840

development-of-regional-impact review:

3841

     (h)  Multiuse development.--Any proposed development with

3842

two or more land uses where the sum of the percentages of the

3843

appropriate thresholds identified in chapter 28-24, Florida

3844

Administrative Code, or this section for each land use in the

3845

development is equal to or greater than 145 percent. Any proposed

3846

development with three or more land uses, one of which is

3847

residential and contains at least 100 dwelling units or 15

3848

percent of the applicable residential threshold, whichever is

3849

greater, where the sum of the percentages of the appropriate

3850

thresholds identified in chapter 28-24, Florida Administrative

3851

Code, or this section for each land use in the development is

3852

equal to or greater than 160 percent. This threshold is in

3853

addition to, and does not preclude, a development from being

3854

required to undergo development-of-regional-impact review under

3855

any other threshold. This threshold does not apply to

3856

developments within 5 miles of a state-sponsored biotechnical

3857

facility.

3858

     Section 19.  Paragraph (c) of subsection (18) of section

3859

1002.33, Florida Statutes, is amended to read:

3860

     1002.33  Charter schools.--

3861

     (18)  FACILITIES.--

3862

     (c)