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Florida Senate - 2008 CS for CS for SB 474

By the Committees on Transportation; Community Affairs; and Senator Garcia

596-08376A-08 2008474c2

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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.;

6

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;

11

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

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extending the date for local governments to adopt plan

13

amendments to implement a financially feasible capital

14

improvements element; extending the date for prohibiting

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future land use map amendments if a local government does

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not adopt and transmit its annual update to the capital

17

improvements element; revising standards for the future

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land use plan in a local comprehensive plan; including a

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provision encouraging rural counties to adopt a rural sub-

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element as part of their future land use plan; revising

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standards for the housing element of a local comprehensive

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plan; requiring certain counties to certify that they have

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adopted a plan for ensuring affordable workforce housing

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before obtaining certain funding; authorizing the state

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land planning agency to amend administrative rules

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relating to planning criteria to allow for varying local

27

conditions; deleting exemptions from the limitation on the

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frequency of plan amendments; extending the deadline for

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local governments to adopt a public school facilities

30

element and interlocal agreement; providing legislative

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findings concerning the need to preserve agricultural land

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and protect rural agricultural communities from adverse

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changes in the agricultural economy; defining the term

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"rural agricultural industrial center"; authorizing a

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landowner within a rural agricultural industrial center to

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apply for an amendment to the comprehensive plan to expand

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an existing center; providing requirements for such an

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application; providing a rebuttable presumption that such

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an amendment is consistent with state rule; providing

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certain exceptions to the approval of such an amendment;

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deleting provisions encouraging local governments to

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develop a community vision and to designate an urban

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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-

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family residential use; prohibiting such units from being

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treated as new units if there is a land use restriction

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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

51

provisions relating to coastal management and coastal

52

high-hazard areas; providing factors for demonstrating the

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compliance of a comprehensive plan amendment with rule

54

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

60

minimus records; increasing the percentage of

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transportation impacts that must be reserved for urban

62

redevelopment; requiring concurrency management systems to

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be coordinated with the appropriate metropolitan planning

64

organization; revising regional impact proportionate share

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provisions to allow for improvements outside the

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jurisdiction in certain circumstances; providing for the

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determination of mitigation to include credit for certain

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mitigation provided under an earlier phase, calculated at

69

present value; defining the terms "present value" and

70

"backlogged transportation facility"; revising the

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calculation of school capacity to include relocatables

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used by a school district; providing a minimum state

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availability standard for school concurrency; providing

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that a developer may not be required to reduce or

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eliminate backlog or address class size reduction;

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requiring charter schools to be considered as a mitigation

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option under certain circumstances; requiring school

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districts to include relocatables in their calculation of

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school capacity in certain circumstances; providing for an

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Urban Placemaking Initiative Pilot Project Program;

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providing for designating certain local governments as

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urban placemaking initiative pilot projects; providing

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purposes, requirements, criteria, procedures, and

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limitations for such local governments, the pilot

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projects, and the program; authorizing a methodology based

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on vehicle and miles traveled for calculating

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proportionate fair-share methodology; providing

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transportation concurrency incentives for private

89

developers; providing for recommendations for the

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establishment of a uniform mobility fee methodology to

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replace the current transportation concurrency management

92

system; amending s. 163.31801, F.S.; requiring the

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provision of notice before the imposition of an increased

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impact fee; providing that the provision of notice is not

95

required before decreasing or eliminating an impact fee;

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amending s. 163.3184, F.S.; requiring that potential

97

applicants for a future land use map amendment applying to

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50 or more acres conduct two meetings to present, discuss,

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and solicit public comment on the proposed amendment;

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requiring that one such meeting be conducted before the

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application is filed and the second meeting be conducted

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before adoption of the plan amendment; providing notice

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and procedure requirements for such meetings; requiring

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that applicants for a plan amendment applying to more than

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11 acres but less than 50 acres conduct a meeting before

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the application is filed and encouraging a second meeting

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within a specified period before the local government's

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scheduled adoption hearing; providing for notice of such

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meeting; requiring that an applicant file with the local

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government a written certification attesting to certain

111

information; exempting small-scale amendments from

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requirements related to meetings; revising a time period

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for comments on plan amendments; revising a time period

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for requesting state planning agency review of plan

115

amendments; revising a time period for the state land

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planning agency to identify written comments on plan

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amendments for local governments; providing that an

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amendment is deemed abandoned under certain circumstances;

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authorizing the state land planning agency to grant

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extensions; requiring that a comprehensive plan or

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amendment to be adopted be available to the public;

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prohibiting certain types of changes to a plan amendment

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during a specified period before the hearing thereupon;

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requiring that the local government certify certain

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information to the state land planning agency; deleting

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exemptions from the limitation on the frequency of

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amendments of comprehensive plans; deleting provisions

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relating to community vision and urban boundary amendments

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

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163.3187, F.S.; limiting the adoption of certain plan

131

amendments to twice per calendar year; limiting the

132

adoption of certain plan amendments to once per calendar

133

year; authorizing local governments to adopt certain plan

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amendments at any time during a calendar year without

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regard for restrictions on frequency; deleting certain

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types of amendments from the list of amendments eligible

137

for adoption at any time during a calendar year; deleting

138

exemptions from frequency limitations; providing

139

circumstances under which small-scale amendments become

140

effective; amending s. 163.3245, F.S.; revising provisions

141

relating to optional sector plans; authorizing all local

142

government to adopt optional sector plans into their

143

comprehensive plan; increasing the size of the area to

144

which sector plans apply; deleting certain restrictions on

145

a local government upon entering into sector plans;

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deleting an annual monitoring report submitted by a host

147

local government that has adopted a sector plan and a

148

status report submitted by the department on optional

149

sector plans; amending s. 163.3246, F.S.; discontinuing

150

the Local Government Comprehensive Planning Certification

151

Program except for currently certified local governments;

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retaining an exemption from DRI review for a certified

153

community in certain circumstances; amending s. 163.32465,

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F.S.; revising provisions relating to the state review of

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comprehensive plans; providing additional types of

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amendments to which the alternative state review applies;

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providing a 30-day period for agency comments begins when

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the state land planning agency notifies the local

159

government that the plan amendment package is complete;

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requiring adoption of a plan amendment within 120 days of

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receipt of agency comments or the plan amendment is deemed

162

abandoned; revising the effective date of adopted plan

163

amendments; providing procedural rulemaking authority to

164

the state land planning agency; amending s. 163.340, F.S.;

165

defining the term "blighted area" to include land

166

previously used as a military facility; renumbering and

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amending s. 166.0451, F.S.; requiring municipalities to

168

certify that they have prepared a list of county-owned

169

property appropriate for affordable housing before

170

obtaining certain funding; amending s. 253.034, F.S.;

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requiring that a manager of conservation lands report to

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the Board of Trustees of the Internal Improvement Trust

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Fund at specified intervals regarding those lands not

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being used for the purpose for which they were originally

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leased; requiring that the Division of State Lands

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annually submit to the President of the Senate and the

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Speaker of the House of Representatives a copy of the

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state inventory identifying all nonconservation lands;

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requiring the division to publish a copy of the annual

180

inventory on its website and notify by electronic mail the

181

executive head of the governing body of each local

182

government having lands in the inventory within its

183

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

184

exemptions from the frequency limitations on comprehensive

185

plan amendments; amending s. 380.06, F.S.; providing a 3-

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year extension for the buildout, commencement, and

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expiration dates of developments of regional impact and

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Florida Quality Developments, including associated local

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permits; providing an exception from development-of-

190

regional-impact review; amending s. 380.0651, F.S.;

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providing an exemption from development-of-regional impact

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

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from providing space to charter schools unless such use is

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consistent with the local comprehensive plan; prohibiting

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the expansion of certain facilities to accommodate for a

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charter school unless such use is consistent with the

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local comprehensive plan; creating s. 1011.775, F.S.;

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requiring that each district school board prepare an

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inventory list of certain real property on or before a

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specified date and at specified intervals thereafter;

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requiring that such list include certain information;

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requiring that the district school board review the list

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at a public meeting and make certain determinations;

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requiring that the board state its intended use for

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certain property; authorizing the board to revise the list

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at the conclusion of the public meeting; requiring that

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the board adopt a resolution; authorizing the board to

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offer certain properties for sale and use the proceeds for

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specified purposes; authorizing the board to make the

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property available for the production and preservation of

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permanent affordable housing; defining the term

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"affordable" for specified purposes; repealing s. 339.282,

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F.S., relating to transportation concurrency incentives;

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

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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

298

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

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of subsection (12), and subsections (13) and (14) of section

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163.3177, Florida Statutes, are amended to read:

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     163.3177  Required and optional elements of comprehensive

323

plan; studies and surveys.--

324

     (3)

325

     (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.

327

163.3187 or s. 163.3189 in order to maintain a financially

328

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

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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

345

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

348

hearing before the governing board which shall be an adoption

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

350

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

351

     (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

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management district's regional water supply plans approved

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pursuant to s. 373.0361; with adopted rules pertaining to

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designated areas of critical state concern; and with the state

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comprehensive plan shall be a major objective of the local

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comprehensive planning process. To that end, in the preparation

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of a comprehensive plan or element thereof, and in the

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comprehensive plan or element as adopted, the governing body

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shall include a specific policy statement indicating the

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relationship of the proposed development of the area to the

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comprehensive plans of adjacent municipalities, the county,

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adjacent counties, or the region and to the state comprehensive

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plan, as the case may require and as such adopted plans or plans

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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

374

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

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

381

in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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

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

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supplemented by goals, policies, and measurable objectives.

386

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

387

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

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land required to accommodate anticipated growth; the projected

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

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availability of water supplies, public facilities, and services;

391

the need for redevelopment, including the renewal of blighted

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areas and the elimination of nonconforming uses which are

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inconsistent with the character of the community; the

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compatibility of uses on lands adjacent to or closely proximate

395

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

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planned development use involving combinations of types of uses

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for which special regulations may be necessary to ensure

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development in accord with the principles and standards of the

404

comprehensive plan and this act.

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     4. The future land use plan element shall include criteria

406

to be used to achieve the compatibility of adjacent or closely

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proximate lands with military installations.

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

409

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

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to all lands classified in the future land use plan as

411

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

412

substantively equivalent land use. The rural sub-element shall

413

include goals, objectives, and policies that enhance rural

414

economies, promote the viability of agriculture, provide for

415

appropriate economic development, discourage urban sprawl, and

416

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

417

shall generally identify anticipated areas of rural,

418

agricultural, and conservation and areas that may be considered

419

for conversion to urban land use and appropriate sites for

420

affordable housing. The rural sub-element shall also generally

421

identify areas that may be considered for rural land stewardship

422

areas, sector planning, or new communities or towns in accordance

423

with subsection (11) and s. 163.3245(2). In addition, For rural

424

communities, the amount of land designated for future planned

425

industrial use shall be based upon surveys and studies that

426

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

427

necessity to strengthen and diversify the local economies, and

428

may shall not be limited solely by the projected population of

429

the rural community.

430

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

431

areas for possible future municipal incorporation.

432

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

433

and depict historic district boundaries and shall designate

434

historically significant properties meriting protection.

435

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

436

include, without limitation, regulatory incentives and criteria

437

that encourage the preservation of recreational and commercial

438

working waterfronts as defined in s. 342.07.

439

     9. The future land use element must clearly identify the

440

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

441

When delineating such the land use categories in which public

442

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

443

the categories sufficient land proximate to residential

444

development to meet the projected needs for schools in

445

coordination with public school boards and may establish

446

differing criteria for schools of different type or size. Each

447

local government shall include lands contiguous to existing

448

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

449

categories in which public schools are an allowable use. The

450

failure by a local government to comply with these school siting

451

requirements will result in the prohibition of The local

452

government may not government's ability to amend the local

453

comprehensive plan, except for plan amendments described in s.

454

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

455

Amendments proposed by a local government for purposes of

456

identifying the land use categories in which public schools are

457

an allowable use are exempt from the limitation on the frequency

458

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

459

element shall include criteria that encourage the location of

460

schools proximate to urban residential areas to the extent

461

possible and shall require that the local government seek to

462

collocate public facilities, such as parks, libraries, and

463

community centers, with schools to the extent possible and to

464

encourage the use of elementary schools as focal points for

465

neighborhoods. For schools serving predominantly rural counties,

466

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

467

an agricultural land use category shall be eligible for the

468

location of public school facilities if the local comprehensive

469

plan contains school siting criteria and the location is

470

consistent with such criteria. Local governments required to

471

update or amend their comprehensive plan to include criteria and

472

address compatibility of adjacent or closely proximate lands with

473

existing military installations in their future land use plan

474

element shall transmit the update or amendment to the department

475

by June 30, 2006.

476

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

477

potable water, and natural groundwater aquifer recharge element

478

correlated to principles and guidelines for future land use,

479

indicating ways to provide for future potable water, drainage,

480

sanitary sewer, solid waste, and aquifer recharge protection

481

requirements for the area. The element may be a detailed

482

engineering plan including a topographic map depicting areas of

483

prime groundwater recharge. The element shall describe the

484

problems and needs and the general facilities that will be

485

required for solution of the problems and needs. The element

486

shall also include a topographic map depicting any areas adopted

487

by a regional water management district as prime groundwater

488

recharge areas for the Floridan or Biscayne aquifers. These areas

489

shall be given special consideration when the local government is

490

engaged in zoning or considering future land use for said

491

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

492

shall be provided which indicate the suitability of soils for

493

septic tanks. Within 18 months after the governing board approves

494

an updated regional water supply plan, the element must

495

incorporate the alternative water supply project or projects

496

selected by the local government from those identified in the

497

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

498

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

499

local government is located within two water management

500

districts, the local government shall adopt its comprehensive

501

plan amendment within 18 months after the later updated regional

502

water supply plan. The element must identify such alternative

503

water supply projects and traditional water supply projects and

504

conservation and reuse necessary to meet the water needs

505

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

506

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

507

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

508

supply facilities, including development of alternative water

509

supplies, which are identified in the element as necessary to

510

serve existing and new development. The work plan shall be

511

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

512

governing board of a water management district approves an

513

updated regional water supply plan. Amendments to incorporate the

514

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

515

adoption of amendments to the comprehensive plan. Local

516

governments, public and private utilities, regional water supply

517

authorities, special districts, and water management districts

518

are encouraged to cooperatively plan for the development of

519

multijurisdictional water supply facilities that are sufficient

520

to meet projected demands for established planning periods,

521

including the development of alternative water sources to

522

supplement traditional sources of groundwater and surface water

523

supplies.

524

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

525

principles to be followed in:

526

     a.  The provision of housing for all current and anticipated

527

future residents of the jurisdiction.

528

     b.  The elimination of substandard dwelling conditions.

529

     c.  The structural and aesthetic improvement of existing

530

housing.

531

     d.  The provision of adequate sites for future housing,

532

including affordable workforce housing as defined in s.

533

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

534

moderate-income families, mobile homes, senior affordable

535

housing, and group home facilities and foster care facilities,

536

with supporting infrastructure and public facilities. This

537

includes compliance with the applicable public lands provision

538

under s. 163.32431 or s. 163.32432.

539

     e.  Provision for relocation housing and identification of

540

historically significant and other housing for purposes of

541

conservation, rehabilitation, or replacement.

542

     f.  The formulation of housing implementation programs.

543

     g.  The creation or preservation of affordable housing to

544

minimize the need for additional local services and avoid the

545

concentration of affordable housing units only in specific areas

546

of the jurisdiction.

547

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

548

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

549

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

550

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

551

critical state concern shall adopt a plan for ensuring affordable

552

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

553

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

554

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

555

natural persons or families whose total household income does not

556

exceed 140 percent of the area median income, adjusted for

557

household size.

558

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

559

housing funding or allocation for any project or program within

560

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

561

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

562

certification that the county has complied with the requirements

563

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

564

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

565

the local government being ineligible to receive any state

566

housing assistance grants until the requirement of sub-

567

subparagraph h. is met.

568

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

569

element must be based on the data and analysis prepared on

570

housing needs, including the affordable housing needs assessment.

571

State and federal housing plans prepared on behalf of the local

572

government must be consistent with the goals, objectives, and

573

policies of the housing element. Local governments are encouraged

574

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

575

to address a portion of their affordable housing concerns.

576

     3.2. To assist local governments in housing data collection

577

and analysis and assure uniform and consistent information

578

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

579

agency shall conduct an affordable housing needs assessment for

580

all local jurisdictions on a schedule that coordinates the

581

implementation of the needs assessment with the evaluation and

582

appraisal reports required by s. 163.3191. Each local government

583

shall use utilize the data and analysis from the needs assessment

584

as one basis for the housing element of its local comprehensive

585

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

586

perform its own needs assessment, if it uses the methodology

587

established by the agency by rule.

588

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

589

380.24, a coastal management element, appropriately related to

590

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

591

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

592

management element shall set forth the policies that shall guide

593

the local government's decisions and program implementation with

594

respect to the following objectives:

595

     a.  Maintenance, restoration, and enhancement of the overall

596

quality of the coastal zone environment, including, but not

597

limited to, its amenities and aesthetic values.

598

     b.  Continued existence of viable populations of all species

599

of wildlife and marine life.

600

     c.  The orderly and balanced utilization and preservation,

601

consistent with sound conservation principles, of all living and

602

nonliving coastal zone resources.

603

     d.  Avoidance of irreversible and irretrievable loss of

604

coastal zone resources.

605

     e.  Ecological planning principles and assumptions to be

606

used in the determination of suitability and extent of permitted

607

development.

608

     f.  Proposed management and regulatory techniques.

609

     g.  Limitation of public expenditures that subsidize

610

development in high-hazard coastal areas.

611

     h.  Protection of human life against the effects of natural

612

disasters.

613

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

614

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

615

navigation and other related activities.

616

     j.  Preservation, including sensitive adaptive use of

617

historic and archaeological resources.

618

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

619

coastal management element in its comprehensive plan is

620

encouraged to adopt recreational surface water use policies that

621

include applicable criteria for and consider such factors as

622

natural resources, manatee protection needs, protection of

623

working waterfronts and public access to the water, and

624

recreation and economic demands. Criteria for manatee protection

625

in the recreational surface water use policies should reflect

626

applicable guidance outlined in the Boat Facility Siting Guide

627

prepared by the Fish and Wildlife Conservation Commission. If the

628

local government elects to adopt recreational surface water use

629

policies by comprehensive plan amendment, such comprehensive plan

630

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

631

governments that wish to adopt recreational surface water use

632

policies may be eligible for assistance with the development of

633

such policies through the Florida Coastal Management Program. The

634

Office of Program Policy Analysis and Government Accountability

635

shall submit a report on the adoption of recreational surface

636

water use policies under this subparagraph to the President of

637

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

638

majority and minority leaders of the Senate and the House of

639

Representatives no later than December 1, 2010.

640

     (h)1.  An intergovernmental coordination element showing

641

relationships and stating principles and guidelines to be used in

642

the accomplishment of coordination of the adopted comprehensive

643

plan with the plans of school boards, regional water supply

644

authorities, and other units of local government providing

645

services but not having regulatory authority over the use of

646

land, with the comprehensive plans of adjacent municipalities,

647

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

648

comprehensive plan and with the applicable regional water supply

649

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

650

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

651

element of the local comprehensive plan shall demonstrate

652

consideration of the particular effects of the local plan, when

653

adopted, upon the development of adjacent municipalities, the

654

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

655

comprehensive plan, as the case may require.

656

     a.  The intergovernmental coordination element shall provide

657

for procedures to identify and implement joint planning areas,

658

especially for the purpose of annexation, municipal

659

incorporation, and joint infrastructure service areas.

660

     b.  The intergovernmental coordination element shall provide

661

for recognition of campus master plans prepared pursuant to s.

663

     c.  The intergovernmental coordination element may provide

664

for a voluntary dispute resolution process as established

665

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

666

intergovernmental disputes. A local government may develop and

667

use an alternative local dispute resolution process for this

668

purpose.

669

     2.  The intergovernmental coordination element shall further

670

state principles and guidelines to be used in the accomplishment

671

of coordination of the adopted comprehensive plan with the plans

672

of school boards and other units of local government providing

673

facilities and services but not having regulatory authority over

674

the use of land. In addition, the intergovernmental coordination

675

element shall describe joint processes for collaborative planning

676

and decisionmaking on population projections and public school

677

siting, the location and extension of public facilities subject

678

to concurrency, and siting facilities with countywide

679

significance, including locally unwanted land uses whose nature

680

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

681

adopting their intergovernmental coordination elements, each

682

county, all the municipalities within that county, the district

683

school board, and any unit of local government service providers

684

in that county shall establish by interlocal or other formal

685

agreement executed by all affected entities, the joint processes

686

described in this subparagraph consistent with their adopted

687

intergovernmental coordination elements.

688

     3.  To foster coordination between special districts and

689

local general-purpose governments as local general-purpose

690

governments implement local comprehensive plans, each independent

691

special district must submit a public facilities report to the

692

appropriate local government as required by s. 189.415.

693

     4.a.  Local governments must execute an interlocal agreement

694

with the district school board, the county, and nonexempt

695

municipalities pursuant to s. 163.31777. The local government

696

shall amend the intergovernmental coordination element to provide

697

that coordination between the local government and school board

698

is pursuant to the agreement and shall state the obligations of

699

the local government under the agreement.

700

     b.  Plan amendments that comply with this subparagraph are

701

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

702

     5.  The state land planning agency shall establish a

703

schedule for phased completion and transmittal of plan amendments

704

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

705

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

706

government may complete and transmit its plan amendments to carry

707

out these provisions prior to the scheduled date established by

708

the state land planning agency. The plan amendments are exempt

709

from the provisions of s. 163.3187(1).

710

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

711

greater than 100,000, and the municipalities and special

712

districts within that county, shall submit a report to the

713

Department of Community Affairs which:

714

     a.  Identifies all existing or proposed interlocal service

715

delivery agreements regarding the following: education; sanitary

716

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

717

and recreation; and transportation facilities.

718

     b.  Identifies any deficits or duplication in the provision

719

of services within its jurisdiction, whether capital or

720

operational. Upon request, the Department of Community Affairs

721

shall provide technical assistance to the local governments in

722

identifying deficits or duplication.

723

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

724

Department of Community Affairs shall, through the appropriate

725

regional planning council, coordinate a meeting of all local

726

governments within the regional planning area to discuss the

727

reports and potential strategies to remedy any identified

728

deficiencies or duplications.

729

     8.  Each local government shall update its intergovernmental

730

coordination element based upon the findings in the report

731

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

732

supporting data and analysis for the intergovernmental

733

coordination element.

734

     (10)  The Legislature recognizes the importance and

735

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

736

Minimum Criteria for Review of Local Government Comprehensive

737

Plans and Determination of Compliance of the Department of

738

Community Affairs that will be used to determine compliance of

739

local comprehensive plans. The Legislature reserved unto itself

740

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

741

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

742

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

743

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

744

the following legislative intent:

745

     (i) The Legislature recognizes that due to varying local

746

conditions, local governments have different planning needs that

747

cannot be addressed by one uniform set of minimum planning

748

criteria. Therefore, the state land planning agency may amend

749

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

750

minimum criteria that are applicable to local governments based

751

on the following factors:

752

     1. Current and projected population.

753

     2. Size of the local jurisdiction.

754

     3. Amount and nature of undeveloped land.

755

     4. The scale of public services provided by the local

756

government.

757

758

The state land planning agency department shall take into account

759

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

760

Administrative Code, as it provides assistance to local

761

governments and applies the rule in specific situations with

762

regard to the detail of the data and analysis required.

763

     (12)  A public school facilities element adopted to

764

implement a school concurrency program shall meet the

765

requirements of this subsection. Each county and each

766

municipality within the county, unless exempt or subject to a

767

waiver, must adopt a public school facilities element that is

768

consistent with those adopted by the other local governments

769

within the county and enter the interlocal agreement pursuant to

770

s. 163.31777.

771

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

772

schedule for adoption of the public school facilities element and

773

the required updates to the public schools interlocal agreement

774

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

775

county and local government within the county to adopt the

776

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

777

2009 2008. Plan amendments to adopt a public school facilities

778

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

779

     (13)(a) The Legislature recognizes and finds that:

780

     1. There are a number of agricultural industrial facilities

781

in the state that process, produce, or aid in the production or

782

distribution of a variety of agriculturally based products, such

783

as fruits, vegetables, timber, and other crops, as well as

784

juices, paper, and building materials. These agricultural

785

industrial facilities may have a significant amount of existing

786

associated infrastructure that is used for the processing,

787

production, or distribution of agricultural products.

788

     2. Such rural agricultural industrial facilities often are

789

located within or near communities in which the economy is

790

largely dependent upon agriculture and agriculturally based

791

products. These facilities significantly enhance the economy of

792

such communities. However, these agriculturally based communities

793

often are socioeconomically challenged and many such communities

794

have been designated as rural areas of critical economic concern.

795

If these existing agricultural industrial facilities are lost and

796

or not replaced with other job-creating enterprises, these

797

agriculturally based communities may lose a substantial amount of

798

their economies.

799

     3. The state has a compelling interest in preserving the

800

viability of agriculture and protecting rural agricultural

801

communities and the state from the economic upheaval that could

802

result from short-term or long-term adverse changes in the

803

agricultural economy. To protect such communities and promote

804

viable agriculture for the long term, it is essential to

805

encourage and permit diversification of exiting rural

806

agricultural industrial facilities by providing for jobs that are

807

not solely dependent upon but are compatible with and complement

808

existing agricultural operations and to encourage the creation

809

and expansion of industries that use agricultural products in

810

innovative or new ways. However, the expansion and

811

diversification of these existing facilities must be accomplished

812

in a manner that does not promote urban sprawl into surrounding

813

agricultural and rural areas.

814

     (b) As used in this subsection, the term "rural

815

agricultural industrial center" means a developed parcel of land

816

in an unincorporated area on which there exists an operating

817

agricultural industrial facility or facilities that employ at

818

least 200 full-time employees in the aggregate and that are used

819

for processing and preparing for transport a farm product, as

820

defined in s. 163.3162, or any biomass material that could be

821

used, directly or indirectly, for the production of fuel,

822

renewable energy, bioenergy, or alternative fuel as defined by

823

state law. The center may also include land contiguous to the

824

facility site which is not used for the cultivation of crops, but

825

on which other existing activities essential to the operation of

826

such facility or facilities are located or conducted. The parcel

827

of land must be located within or in reasonable proximity to a

828

rural area of critical economic concern.

829

     (c) A landowner within a rural agricultural industrial

830

center may apply for an amendment to the local government

831

comprehensive plan for the purpose of designating and expanding

832

the existing agricultural industrial uses or facilities located

833

in the center or expanding the existing center to include

834

industrial uses or facilities that are not dependent upon but are

835

compatible with agriculture and the existing uses and facilities.

836

An application for a comprehensive plan amendment under this

837

paragraph:

838

     1. May not increase the physical area of the original

839

existing agricultural industrial center by more than 50 percent

840

or 200 acres, whichever is greater;

841

     2. Must propose a project that would create, upon

842

completion, at least 50 new full-time jobs;

843

     3. Must demonstrate that infrastructure capacity exists or

844

will be provided by the landowner to support the expanded center

845

at level-of-service standards adopted in the local government

846

comprehensive plan;

847

     4. Must contain goals, objectives, and policies that will

848

prevent urban sprawl in the areas surrounding the expanded

849

center, or demonstrate that the local government comprehensive

850

plan contains such provisions; and

851

     5. Must contain goals, objectives, and policies that will

852

ensure that any adverse environmental impacts of the expanded

853

center will be adequately addressed and mitigated, or demonstrate

854

that the local government comprehensive plan contains such

855

provisions.

856

857

An amendment that meets the requirements of this subsection is

858

presumed to be consistent with rule 9J-5.006(5), Florida

859

Administrative Code. This presumption may be rebutted by a

860

preponderance of the evidence.

861

     (d) This subsection does not apply to an optional sector

862

plan adopted pursuant to s. 163.3245 or to a rural land

863

stewardship area designated pursuant to subsection (11). Local

864

governments are encouraged to develop a community vision that

865

provides for sustainable growth, recognizes its fiscal

866

constraints, and protects its natural resources. At the request

867

of a local government, the applicable regional planning council

868

shall provide assistance in the development of a community

869

vision.

870

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

871

under this section, the local government must hold two public

872

meetings with at least one of those meetings before the local

873

planning agency. Before those public meetings, the local

874

government must hold at least one public workshop with

875

stakeholder groups such as neighborhood associations, community

876

organizations, businesses, private property owners, housing and

877

development interests, and environmental organizations.

878

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

879

of the following topics as part of the workshops and public

880

meetings required under paragraph (a):

881

     1. Future growth in the area using population forecasts

882

from the Bureau of Economic and Business Research;

883

     2. Priorities for economic development;

884

     3. Preservation of open space, environmentally sensitive

885

lands, and agricultural lands;

886

     4. Appropriate areas and standards for mixed-use

887

development;

888

     5. Appropriate areas and standards for high-density

889

commercial and residential development;

890

     6. Appropriate areas and standards for economic development

891

opportunities and employment centers;

892

     7. Provisions for adequate workforce housing;

893

     8. An efficient, interconnected multimodal transportation

894

system; and

895

     9. Opportunities to create land use patterns that

896

accommodate the issues listed in subparagraphs 1.-8.

897

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

898

government must discuss strategies for addressing the topics

899

discussed under paragraph (b), including:

900

     1. Strategies to preserve open space and environmentally

901

sensitive lands, and to encourage a healthy agricultural economy,

902

including innovative planning and development strategies, such as

903

the transfer of development rights;

904

     2. Incentives for mixed-use development, including

905

increased height and intensity standards for buildings that

906

provide residential use in combination with office or commercial

907

space;

908

     3. Incentives for workforce housing;

909

     4. Designation of an urban service boundary pursuant to

910

subsection (2); and

911

     5. Strategies to provide mobility within the community and

912

to protect the Strategic Intermodal System, including the

913

development of a transportation corridor management plan under s.

915

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

916

shared concept for growth and development of the community,

917

including visual representations depicting the desired land use

918

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

919

timeframe. The community vision must also take into consideration

920

economic viability of the vision and private property interests.

921

     (e) After the workshops and public meetings required under

922

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

923

comprehensive plan to include the community vision as a component

924

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

925

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

926

hearings of the governing body other than those identified in

927

paragraph (a).

928

     (f) Amendments submitted under this subsection are exempt

929

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

931

     (g) A local government that has developed a community

932

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

933

before July 1, 2005, which substantially accomplishes the goals

934

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

935

or objectives have been adopted as part of the comprehensive plan

936

or reflected in subsequently adopted land development regulations

937

and the plan amendment incorporating the community vision as a

938

component has been found in compliance is eligible for the

939

incentives in s. 163.3184(17).

940

     (14) Local governments are also encouraged to designate an

941

urban service boundary. This area must be appropriate for

942

compact, contiguous urban development within a 10-year planning

943

timeframe. The urban service area boundary must be identified on

944

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

945

demonstrate that the land included within the urban service

946

boundary is served or is planned to be served with adequate

947

public facilities and services based on the local government's

948

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

949

facilities plan in the capital improvements element which is

950

financially feasible. The local government shall demonstrate that

951

the amount of land within the urban service boundary does not

952

exceed the amount of land needed to accommodate the projected

953

population growth at densities consistent with the adopted

954

comprehensive plan within the 10-year planning timeframe.

955

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

956

boundary, the local government must hold two public meetings with

957

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

958

Before those public meetings, the local government must hold at

959

least one public workshop with stakeholder groups such as

960

neighborhood associations, community organizations, businesses,

961

private property owners, housing and development interests, and

962

environmental organizations.

963

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

964

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

965

comprehensive plan to include the urban service boundary. This

966

plan amendment must be transmitted and adopted pursuant to the

967

procedures in ss. 163.3184 and 163.3189 at meetings of the

968

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

969

     2. This subsection does not prohibit new development

970

outside an urban service boundary. However, a local government

971

that establishes an urban service boundary under this subsection

972

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

973

new development outside the boundary and to consider the results

974

of that analysis when adopting a plan amendment for property

975

outside the established urban service boundary.

976

     (c) Amendments submitted under this subsection are exempt

977

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

979

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

980

boundary before July 1, 2005, which substantially accomplishes

981

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

982

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

983

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

984

to satisfy the provisions of this paragraph, the local government

985

must secure a determination from the state land planning agency

986

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

987

substantially complies with the criteria of this subsection,

988

based on data and analysis submitted by the local government to

989

support this determination. The determination by the state land

990

planning agency is not subject to administrative challenge.

991

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

992

163.31771, Florida Statutes, are amended to read:

993

     163.31771  Accessory dwelling units.--

994

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

995

shortage of affordable rentals within its jurisdiction, the local

996

government may amend its comprehensive plan adopt an ordinance to

997

allow accessory dwelling units in any area zoned for single-

998

family residential use.

999

     (4) If the local government amends its comprehensive plan

1000

pursuant to adopts an ordinance under this section, an

1001

application for a building permit to construct an accessory

1002

dwelling unit must include an affidavit from the applicant which

1003

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

1004

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

1005

income person or persons.

1006

     (5) Each accessory dwelling unit allowed by the

1007

comprehensive plan an ordinance adopted under this section shall

1008

apply toward satisfying the affordable housing component of the

1009

housing element in the local government's comprehensive plan

1010

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

1011

recorded land use restriction agreement restricting its use to

1012

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

1013

purposes of transportation concurrency or impact fees. Accessory

1014

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

1015

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

1016

identified as environmentally sensitive in the local

1017

comprehensive plan.

1018

     (6) The Department of Community Affairs shall evaluate the

1019

effectiveness of using accessory dwelling units to address a

1020

local government's shortage of affordable housing and report to

1021

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

1022

number of ordinances adopted by a local government under this

1023

section and the number of accessory dwelling units that were

1024

created under these ordinances.

1025

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

1026

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

1027

     163.3178  Coastal management.--

1028

     (2)  Each coastal management element required by s.

1029

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

1030

consistent with coastal resource plans prepared and adopted

1031

pursuant to general or special law; and contain:

1032

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

1033

criteria for mitigation for a comprehensive plan amendment in a

1034

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

1035

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

1036

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

1037

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

1038

computerized storm surge model. Except as demonstrated by site-

1039

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

1040

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

1041

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

1042

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

1043

illustrated in the most current SLOSH Storm Surge Atlas.

1044

Application of mitigation and the application of development and

1045

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

1046

adopted thereunder, shall be at the discretion of the local

1047

government.

1048

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

1049

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

1050

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

1051

in this section.

1052

     (a) A proposed comprehensive plan amendment shall be found

1053

in compliance with state coastal high-hazard provisions pursuant

1054

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

1055

     1. The area subject to the amendment is not:

1056

     a. Within a designated area of critical state concern;

1057

     b. Inclusive of areas within the FEMA velocity zones;

1058

     c. Subject to coastal erosion;

1059

     d. Seaward of the coastal construction control line; or

1060

     e. Subject to repetitive damage from coastal storms and

1061

floods.

1062

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

1063

of its comprehensive plan:

1064

     a. Hazard mitigation strategies that reduce, replace, or

1065

eliminate unsafe structures and properties subject to repetitive

1066

losses from coastal storms or floods.

1067

     b. Measures that reduce exposure to hazards including:

1068

     (I) Relocation;

1069

     (II) Structural modifications of threatened infrastructure;

1070

     (III) Provisions for operational or capacity improvements

1071

to maintain hurricane evacuation clearance times within

1072

established limits; and

1073

     (IV) Prohibiting public expenditures for capital

1074

improvements that subsidize increased densities and intensities

1075

of development within the coastal high-hazard area.

1076

     c. A postdisaster redevelopment plan.

1077

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

1078

hurricane evacuation clearance time is maintained for a category

1079

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

1080

adopted out-of-county hurricane evacuation clearance time does

1081

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

1082

shelter space;

1083

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

1084

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

1085

and shelter space reasonably expected to accommodate the

1086

residents of the development contemplated by a proposed

1087

comprehensive plan amendment is available; or

1088

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

1089

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

1090

achieved. will satisfy the provisions of subparagraph 1. or

1091

subparagraph 2. Appropriate mitigation shall include, without

1092

limitation, payment of money, contribution of land, and

1093

construction of hurricane shelters and transportation facilities.

1094

Required mitigation may shall not exceed the amount required for

1095

a developer to accommodate impacts reasonably attributable to

1096

development. A local government and a developer shall enter into

1097

a binding agreement to establish memorialize the mitigation plan.

1098

The executed agreement must be submitted along with the adopted

1099

plan amendment.

1100

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

1101

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

1102

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

1103

Florida Administrative Code, by following the process in

1104

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

1105

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

1106

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

1107

shelter space.

1108

     (c) This subsection applies shall become effective

1109

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

1110

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

1111

future land use map and coastal management element to include the

1112

new definition of coastal high-hazard area provided in paragraph

1113

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

1114

land use map.

1115

     Section 7.  Section 163.3180, Florida Statutes, is amended

1116

to read:

1117

     163.3180  Concurrency.--

1118

     (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.--

1119

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

1120

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

1121

transportation facilities, including mass transit, where

1122

applicable, are the only public facilities and services subject

1123

to the concurrency requirement on a statewide basis. Additional

1124

public facilities and services may not be made subject to

1125

concurrency on a statewide basis without appropriate study and

1126

approval by the Legislature; however, any local government may

1127

extend the concurrency requirement so that it applies to apply to

1128

additional public facilities within its jurisdiction.

1129

     (b) Transportation methodologies.--Local governments shall

1130

use professionally accepted techniques for measuring level of

1131

service for automobiles, bicycles, pedestrians, transit, and

1132

trucks. These techniques may be used to evaluate increased

1133

accessibility by multiple modes and reductions in vehicle miles

1134

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

1135

the Department of Transportation shall develop methodologies to

1136

assist local governments in implementing this multimodal level-

1137

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

1138

the Department of Transportation shall provide technical

1139

assistance to local governments in applying the these

1140

methodologies.

1141

     (2) PUBLIC FACILITY AVAILABILITY STANDARDS.--

1142

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

1143

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

1144

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

1145

adequate water supplies, and potable water facilities shall be in

1146

place and available to serve new development no later than the

1147

issuance by the local government of a certificate of occupancy or

1148

its functional equivalent. Prior to approval of a building permit

1149

or its functional equivalent, the local government shall consult

1150

with the applicable water supplier to determine whether adequate

1151

water supplies to serve the new development will be available by

1152

no later than the anticipated date of issuance by the local

1153

government of the a certificate of occupancy or its functional

1154

equivalent. A local government may meet the concurrency

1155

requirement for sanitary sewer through the use of onsite sewage

1156

treatment and disposal systems approved by the Department of

1157

Health to serve new development.

1158

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

1159

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

1160

parks and recreation facilities to serve new development shall be

1161

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

1162

after issuance by the local government of a certificate of

1163

occupancy or its functional equivalent. However, the acreage for

1164

such facilities must shall be dedicated or be acquired by the

1165

local government prior to issuance by the local government of the

1166

a certificate of occupancy or its functional equivalent, or funds

1167

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

1168

later than the local government's approval to commence

1169

construction.

1170

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

1171

welfare, and except as otherwise provided in this section,

1172

transportation facilities needed to serve new development must

1173

shall be in place or under actual construction within 3 years

1174

after the local government approves a building permit or its

1175

functional equivalent that results in traffic generation.

1176

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

1177

entities that are not responsible for providing, financing,

1178

operating, or regulating public facilities needed to serve

1179

development may not establish binding level-of-service standards

1180

on governmental entities that do bear those responsibilities.

1181

This subsection does not limit the authority of any agency to

1182

recommend or make objections, recommendations, comments, or

1183

determinations during reviews conducted under s. 163.3184.

1184

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

1185

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

1186

requirement as implemented in local comprehensive plans applies

1187

to state and other public facilities and development to the same

1188

extent that it applies to all other facilities and development,

1189

as provided by law.

1190

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

1191

as implemented in local comprehensive plans does not apply to

1192

public transit facilities. For the purposes of this paragraph,

1193

public transit facilities include transit stations and terminals;

1194

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

1195

transit connection or transfer facilities; fixed bus, guideway,

1196

and rail stations; and airport passenger terminals and

1197

concourses, air cargo facilities, and hangars for the maintenance

1198

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

1199

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

1200

commercial or residential development constructed in conjunction

1201

with a public transit facility.

1202

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

1203

requirement, except as it relates to transportation facilities

1204

and public schools, as implemented in local government

1205

comprehensive plans, may be waived by a local government for

1206

urban infill and redevelopment areas designated pursuant to s.

1207

163.2517 if such a waiver does not endanger public health or

1208

safety as defined by the local government in its local government

1209

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

1210

amendment using pursuant to the process set forth in s.

1211

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

1212

exception pursuant to subsection (5) for transportation

1213

facilities located within these urban infill and redevelopment

1214

areas.

1215

     (5) TRANSPORTATION CONCURRENCY EXCEPTION AREAS.--

1216

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

1217

Legislature finds that under limited circumstances dealing with

1218

transportation facilities, countervailing planning and public

1219

policy goals may come into conflict with the requirement that

1220

adequate public transportation facilities and services be

1221

available concurrent with the impacts of such development. The

1222

Legislature further finds that often the unintended result of the

1223

concurrency requirement for transportation facilities is often

1224

the discouragement of urban infill development and redevelopment.

1225

Such unintended results directly conflict with the goals and

1226

policies of the state comprehensive plan and the intent of this

1227

part. The Legislature also finds that in urban centers

1228

transportation cannot be effectively managed and mobility cannot

1229

be improved solely through the expansion of roadway capacity,

1230

that the expansion of roadway capacity is not always physically

1231

or financially possible, and that a range of transportation

1232

alternatives are essential to satisfy mobility needs, reduce

1233

congestion, and achieve healthy, vibrant centers. Therefore,

1234

transportation concurrency exception areas must achieve the goals

1235

and objectives of this part exceptions from the concurrency

1236

requirement for transportation facilities may be granted as

1237

provided by this subsection.

1238

     (b) Geographic applicability.--

1239

     1. Within municipalities, transportation concurrency

1240

exception areas are established for geographic areas identified

1241

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

1242

2008, for:

1243

     a. Urban infill development;

1244

     b. Urban redevelopment;

1245

     c. Downtown revitalization; or

1246

     d. Urban infill and redevelopment under s. 163.2517.

1247

     2. In other portions of the state, including municipalities

1248

and unincorporated areas of counties, a local government may

1249

adopt a comprehensive plan amendment establishing a

1250

transportation concurrency exception area grant an exception from

1251

the concurrency requirement for transportation facilities if the

1252

proposed development is otherwise consistent with the adopted

1253

local government comprehensive plan and is a project that

1254

promotes public transportation or is located within an area

1255

designated in the comprehensive plan for:

1256

     a.1. Urban infill development;

1257

     b.2. Urban redevelopment;

1258

     c.3. Downtown revitalization;

1259

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

1260

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

1261

transportation concurrency exception area which includes lands

1262

appropriate for compact, contiguous urban development, which does

1263

not exceed the amount of land needed to accommodate the projected

1264

population growth at densities consistent with the adopted

1265

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

1266

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

1267

services as provided by the capital improvements element.

1268

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

1269

Legislature also finds that developments located within urban

1270

infill, urban redevelopment, existing urban service, or downtown

1271

revitalization areas or areas designated as urban infill and

1272

redevelopment areas under s. 163.2517 which pose only special

1273

part-time demands on the transportation system should be excepted

1274

from the concurrency requirement for transportation facilities. A

1275

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

1276

scheduled events during any calendar year and does not affect the

1277

100 highest traffic volume hours.

1278

     (d) Long-term strategies within transportation concurrency

1279

exception areas.--Except for transportation concurrency exception

1280

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

1281

requirements apply: A local government shall establish guidelines

1282

in the comprehensive plan for granting the exceptions authorized

1283

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

1284

be consistent with and support a comprehensive strategy adopted

1285

in the plan to promote the purpose of the exceptions.

1286

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

1287

implement long-term strategies to support and fund mobility

1288

within the designated exception area, including alternative modes

1289

of transportation. The plan amendment must also demonstrate how

1290

strategies will support the purpose of the exception and how

1291

mobility within the designated exception area will be provided.

1292

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

1293

appropriate land use mixes, including intensity and density; and

1294

network connectivity plans needed to promote urban infill,

1295

redevelopment, or downtown revitalization. The comprehensive plan

1296

amendment designating the concurrency exception area must be

1297

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

1298

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

1299

designation of a concurrency exception area pursuant to

1300

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

1301

Department of Transportation shall be consulted by the local

1302

government to assess the impact that the proposed exception area

1303

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

1304

established for Strategic Intermodal System facilities, as

1305

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

1306

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

1307

Further, as a part of the comprehensive plan amendment

1308

establishing the exception area, the local government shall

1309

provide for mitigation of impacts, in consultation with the state

1310

land planning agency and the Department of Transportation,

1311

develop a plan to mitigate any impacts to the Strategic

1312

Intermodal System, including, if appropriate, access management,

1313

parallel reliever roads, transportation demand management, and

1314

other measures the development of a long-term concurrency

1315

management system pursuant to subsection (9) and s.

1316

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

1317

specific geographic area of the jurisdiction designated in the

1318

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

1319

a plan amendment establishing these guidelines and the areas

1320

within which an exception could be granted.

1321

     (g) Transportation concurrency exception areas existing

1322

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

1323

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

1324

plan update pursuant to the evaluation and appraisal report,

1325

whichever occurs last.

1326

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

1327

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

1328

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

1329

the maximum volume at the adopted level of service of the

1330

affected transportation facility as determined by the local

1331

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

1332

existing roadway volumes and the projected volumes from approved

1333

projects on a transportation facility exceeds would exceed 110

1334

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

1335

the affected transportation facility; provided however, the that

1336

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

1337

constitute a de minimis impact on all roadways regardless of the

1338

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

1339

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

1340

level-of-service standard of any affected designated hurricane

1341

evacuation routes. Each local government shall maintain

1342

sufficient records to ensure that the 110-percent criterion is

1343

not exceeded. Each local government shall submit annually, with

1344

its updated capital improvements element, a summary of the de

1345

minimis records. If the state land planning agency determines

1346

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

1347

planning agency shall notify the local government of the

1348

exceedance and that no further de minimis exceptions for the

1349

applicable roadway may be granted until such time as the volume

1350

is reduced below the 110 percent. The local government shall

1351

provide proof of this reduction to the state land planning agency

1352

before issuing further de minimis exceptions.

1353

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

1354

infill development and redevelopment, one or more transportation

1355

concurrency management areas may be designated in a local

1356

government comprehensive plan. A transportation concurrency

1357

management area must be a compact geographic area that has with

1358

an existing network of roads where multiple, viable alternative

1359

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

1360

government may establish an areawide level-of-service standard

1361

for such a transportation concurrency management area based upon

1362

an analysis that provides for a justification for the areawide

1363

level of service, how urban infill development or redevelopment

1364

will be promoted, and how mobility will be accomplished within

1365

the transportation concurrency management area. Prior to the

1366

designation of a concurrency management area, the local

1367

government shall consult with the state land planning agency and

1368

the Department of Transportation shall be consulted by the local

1369

government to assess the effect impact that the proposed

1370

concurrency management area is expected to have on the adopted

1371

level-of-service standards established for Strategic Intermodal

1372

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

1373

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

1374

local government shall, in cooperation with the state land

1375

planning agency and the Department of Transportation, develop a

1376

plan to mitigate any impacts to the Strategic Intermodal System,

1377

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

1378

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

1379

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

1380

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

1381

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

1382

comprehensive plan update pursuant to the evaluation and

1383

appraisal report, whichever occurs last. The state land planning

1384

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

1385

be consistent with this subsection.

1386

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

1387

impacts of proposed urban redevelopment within an established

1388

existing urban service area, 150 110 percent of the actual

1389

transportation impact caused by the previously existing

1390

development must be reserved for the redevelopment, even if the

1391

previously existing development has a lesser or nonexisting

1392

impact pursuant to the calculations of the local government.

1393

Redevelopment requiring less than 150 110 percent of the

1394

previously existing capacity may shall not be prohibited due to

1395

the reduction of transportation levels of service below the

1396

adopted standards. This does not preclude the appropriate

1397

assessment of fees or accounting for the impacts within the

1398

concurrency management system and capital improvements program of

1399

the affected local government. This paragraph does not affect

1400

local government requirements for appropriate development

1401

permits.

1402

     (9) LONG-TERM CONCURRENCY MANAGEMENT.--

1403

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

1404

long-term transportation and school concurrency management

1405

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

1406

specially designated districts or areas where significant

1407

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

1408

standards on certain facilities and shall rely on the local

1409

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

1410

as a basis for issuing development orders that authorize

1411

commencement of construction in these designated districts or

1412

areas. The concurrency management system must be designed to

1413

correct existing deficiencies and set priorities for addressing

1414

backlogged facilities and be coordinated with the appropriate

1415

metropolitan planning organization. The concurrency management

1416

system must be financially feasible and consistent with other

1417

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

1418

map.

1419

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

1420

facility backlog for existing development which cannot be

1421

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

1422

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

1423

capital improvements covering up to 15 years for good and

1424

sufficient cause, based on a general comparison between the that

1425

local government and all other similarly situated local

1426

jurisdictions, using the following factors:

1427

     1.  The extent of the backlog.

1428

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

1429

roads.

1430

     3.  The cost of eliminating the backlog.

1431

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

1432

efforts.

1433

     (c)  The local government may issue approvals to commence

1434

construction notwithstanding this section, consistent with and in

1435

areas that are subject to a long-term concurrency management

1436

system.

1437

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

1438

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

1439

minimum, the local government must assess its progress toward

1440

improving levels of service within the long-term concurrency

1441

management district or area in the evaluation and appraisal

1442

report and determine any changes that are necessary to accelerate

1443

progress in meeting acceptable levels of service.

1444

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

1445

regard to roadway facilities on the Strategic Intermodal System

1446

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

1447

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

1448

338.001, and roadway facilities funded in accordance with s.

1449

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

1450

standard established by the Department of Transportation by rule.

1451

For all other roads on the State Highway System, local

1452

governments shall establish an adequate level-of-service standard

1453

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

1454

established by the Department of Transportation. In establishing

1455

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

1456

collector roads as appropriate, which traverse multiple

1457

jurisdictions, local governments shall consider compatibility

1458

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

1459

adjacent jurisdictions. Each local government within a county

1460

shall use a professionally accepted methodology for measuring

1461

impacts on transportation facilities for the purposes of

1462

implementing its concurrency management system. Counties are

1463

encouraged to coordinate with adjacent counties, and local

1464

governments within a county are encouraged to coordinate, for the

1465

purpose of using common methodologies for measuring impacts on

1466

transportation facilities for the purpose of implementing their

1467

concurrency management systems.

1468

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

1469

liability of local governments, a local government may allow a

1470

landowner to proceed with development of a specific parcel of

1471

land notwithstanding a failure of the development to satisfy

1472

transportation concurrency, if when all the following factors are

1473

shown to exist:

1474

     (a) The local government that has with jurisdiction over

1475

the property has adopted a local comprehensive plan that is in

1476

compliance.

1477

     (b) The proposed development is would be consistent with

1478

the future land use designation for the specific property and

1479

with pertinent portions of the adopted local plan, as determined

1480

by the local government.

1481

     (c)  The local plan includes a financially feasible capital

1482

improvements element that provides for transportation facilities

1483

adequate to serve the proposed development, and the local

1484

government has not implemented that element.

1485

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

1486

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

1487

cost of providing the transportation facilities necessary to

1488

serve the proposed development.

1489

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

1490

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

1491

the transportation facilities to serve the proposed development.

1492

     (12) REGIONAL IMPACT PROPORTIONATE SHARE.--

1493

     (a) A development of regional impact may satisfy the

1494

transportation concurrency requirements of the local

1495

comprehensive plan, the local government's concurrency management

1496

system, and s. 380.06 by payment of a proportionate-share

1497

contribution for local and regionally significant traffic

1498

impacts, if:

1499

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

1500

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

1501

pedestrian or other nonautomotive modes of transportation;

1502

     2.(b) The proportionate-share contribution for local and

1503

regionally significant traffic impacts is sufficient to pay for

1504

one or more required mobility improvements that will benefit the

1505

network of a regionally significant transportation facilities if

1506

impacts on the Strategic Intermodal System, the Florida

1507

Intrastate Highway System, and other regionally significant

1508

roadways outside the jurisdiction of the local government are

1509

mitigated based on the prioritization of needed improvements

1510

recommended by the regional planning council facility;

1511

     3.(c) The owner and developer of the development of

1512

regional impact pays or assures payment of the proportionate-

1513

share contribution; and

1514

     4.(d) If The regionally significant transportation facility

1515

to be constructed or improved is under the maintenance authority

1516

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

1517

other than the local government that has with jurisdiction over

1518

the development of regional impact, the developer must is

1519

required to enter into a binding and legally enforceable

1520

commitment to transfer funds to the governmental entity having

1521

maintenance authority or to otherwise assure construction or

1522

improvement of the facility.

1523

     (b) The proportionate-share contribution may be applied to

1524

any transportation facility to satisfy the provisions of this

1525

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

1526

purposes of this subsection, the amount of the proportionate-

1527

share contribution shall be calculated based upon the cumulative

1528

number of trips from the proposed development expected to reach

1529

roadways during the peak hour from the complete buildout of a

1530

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

1531

hour maximum service volume of roadways resulting from

1532

construction of an improvement necessary to maintain the adopted

1533

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

1534

time of developer payment, of the improvement necessary to

1535

maintain the adopted level of service. If the number of trips

1536

used in this calculation includes trips from an earlier phase of

1537

development, the determination of mitigation of the cumulative

1538

project impacts for the subsequent phase of development shall

1539

include a credit for any mitigation required by the development

1540

order and provided by the developer for the earlier phase,

1541

calculated at present value. For purposes of this subsection, the

1542

term:

1543

     1. "Present value" means the fair market value of right-of-

1544

way at the time of contribution or the actual dollar value of the

1545

construction improvements at the date of completion.

1546

     2. For purposes of this subsection, "Construction cost"

1547

includes all associated costs of the improvement. Proportionate-

1548

share mitigation shall be limited to ensure that a development of

1549

regional impact meeting the requirements of this subsection

1550

mitigates its impact on the transportation system but is not

1551

responsible for the additional cost of reducing or eliminating

1552

backlogs.

1553

     3. "Backlogged transportation facility" means a facility on

1554

which the adopted level-of-service standard is exceeded by the

1555

existing level of service plus committed trips. A developer may

1556

not be required to fund or construct proportionate share

1557

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

1558

transportation facility, than is necessary based solely on the

1559

impact of the development project being considered.

1560

1561

This subsection also applies to Florida Quality Developments

1562

pursuant to s. 380.061 and to detailed specific area plans

1563

implementing optional sector plans pursuant to s. 163.3245.

1564

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

1565

established on a districtwide basis and shall include all public

1566

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

1567

located in a municipality or an unincorporated area unless exempt

1568

from the public school facilities element pursuant to s.

1569

163.3177(12). The application of school concurrency to

1570

development shall be based upon the adopted comprehensive plan,

1571

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

1572

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

1573

land planning agency the necessary plan amendments, along with

1574

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

1575

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

1576

concurrency are the following:

1577

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

1578

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

1579

or plan amendment which includes a public school facilities

1580

element which is consistent with the requirements of s.

1581

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

1582

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

1583

facilities plan elements within a county must be consistent with

1584

each other as well as the requirements of this part.

1585

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

1586

that an essential requirement for a concurrency management system

1587

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

1588

operate.

1589

     1.  Local governments and school boards imposing school

1590

concurrency shall exercise authority in conjunction with each

1591

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

1592

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

1593

necessary to implement the adopted local government comprehensive

1594

plan, based on data and analysis.

1595

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

1596

included and adopted into the capital improvements element of the

1597

local comprehensive plan and shall apply districtwide to all

1598

schools of the same type. Types of schools may include

1599

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

1600

facilities such as magnet schools.

1601

     3. Local governments and school boards may use shall have

1602

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

1603

time to achieve an adequate and desirable level of service as

1604

circumstances warrant.

1605

     4. A school district that includes relocatables in its

1606

inventory of student stations shall include relocatables in its

1607

calculation of capacity for purposes of determining whether

1608

levels of service have been achieved.

1609

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

1610

essential requirement for a concurrency system is a designation

1611

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

1612

when an application for a residential development permit is

1613

reviewed for school concurrency purposes. This delineation is

1614

also important for purposes of determining whether the local

1615

government has a financially feasible public school capital

1616

facilities program for that will provide schools which will

1617

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

1618

     1.  In order to balance competing interests, preserve the

1619

constitutional concept of uniformity, and avoid disruption of

1620

existing educational and growth management processes, local

1621

governments are encouraged to initially apply school concurrency

1622

to development only on a districtwide basis so that a concurrency

1623

determination for a specific development is will be based upon

1624

the availability of school capacity districtwide. To ensure that

1625

development is coordinated with schools having available

1626

capacity, within 5 years after adoption of school concurrency,

1627

local governments shall apply school concurrency on a less than

1628

districtwide basis, such as using school attendance zones or

1629

concurrency service areas, as provided in subparagraph 2.

1630

     2.  For local governments applying school concurrency on a

1631

less than districtwide basis, such as utilizing school attendance

1632

zones or larger school concurrency service areas, local

1633

governments and school boards shall have the burden of

1634

demonstrating to demonstrate that the utilization of school

1635

capacity is maximized to the greatest extent possible in the

1636

comprehensive plan and amendment, taking into account

1637

transportation costs and court-approved desegregation plans, as

1638

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

1639

concurrency within the service area boundaries selected by local

1640

governments and school boards, the service area boundaries,

1641

together with the standards for establishing those boundaries,

1642

shall be identified and included as supporting data and analysis

1643

for the comprehensive plan.

1644

     3.  Where school capacity is available on a districtwide

1645

basis but school concurrency is applied on a less than

1646

districtwide basis in the form of concurrency service areas, if

1647

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

1648

particular service area as applied to an application for a

1649

development permit and if the needed capacity for the particular

1650

service area is available in one or more contiguous service

1651

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

1652

government may not deny an application for site plan or final

1653

subdivision approval or the functional equivalent for a

1654

development or phase of a development on the basis of school

1655

concurrency, and if issued, development impacts shall be shifted

1656

to contiguous service areas with schools having available

1657

capacity.

1658

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

1659

financial feasibility is an important issue because the premise

1660

of concurrency is that the public facilities will be provided in

1661

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

1662

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

1663

Code, contain specific standards for determining to determine the

1664

financial feasibility of capital programs. These standards were

1665

adopted to make concurrency more predictable and local

1666

governments more accountable.

1667

     1.  A comprehensive plan amendment seeking to impose school

1668

concurrency must shall contain appropriate amendments to the

1669

capital improvements element of the comprehensive plan,

1670

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

1671

5.016, Florida Administrative Code. The capital improvements

1672

element must shall set forth a financially feasible public school

1673

capital facilities program, established in conjunction with the

1674

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

1675

standards will be achieved and maintained.

1676

     2. Such amendments to the capital improvements element must

1677

shall demonstrate that the public school capital facilities

1678

program meets all of the financial feasibility standards of this

1679

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

1680

capital programs which provide the basis for mandatory

1681

concurrency on other public facilities and services.

1682

     3. If When the financial feasibility of a public school

1683

capital facilities program is evaluated by the state land

1684

planning agency for purposes of a compliance determination, the

1685

evaluation must shall be based upon the service areas selected by

1686

the local governments and school board.

1687

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

1688

welfare, and except as otherwise provided in this subsection,

1689

public school facilities needed to serve new residential

1690

development shall be in place or under actual construction within

1691

3 years after the issuance of final subdivision or site plan

1692

approval, or the functional equivalent. A local government may

1693

not deny an application for site plan, final subdivision

1694

approval, or the functional equivalent for a development or phase

1695

of a development authorizing residential development for failure

1696

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

1697

school capacity in a local school concurrency management system

1698

where adequate school facilities will be in place or under actual

1699

construction within 3 years after the issuance of final

1700

subdivision or site plan approval, or the functional equivalent.

1701

Any mitigation required of a developer shall be limited to ensure

1702

that a development mitigates its own impact on public school

1703

facilities, but is not responsible for the additional cost of

1704

reducing or eliminating backlogs or addressing class size

1705

reduction. School concurrency is satisfied if the developer

1706

executes a legally binding commitment to provide mitigation

1707

proportionate to the demand for public school facilities to be

1708

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

1709

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

1710

proportionate-share mitigation of impacts on public school

1711

facilities must be established in the public school facilities

1712

element and the interlocal agreement pursuant to s. 163.31777.

1713

     1.  Appropriate mitigation options include the contribution

1714

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

1715

acquisition or construction of a public school facility; the

1716

construction of a charter school that complies with the

1717

requirements of subparagraph 2.; or the creation of mitigation

1718

banking based on the construction of a public school facility or

1719

charter school that complies with the requirements of

1720

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

1721

credits. Such options must include execution by the applicant and

1722

the local government of a development agreement that constitutes

1723

a legally binding commitment to pay proportionate-share

1724

mitigation for the additional residential units approved by the

1725

local government in a development order and actually developed on

1726

the property, taking into account residential density allowed on

1727

the property prior to the plan amendment that increased the

1728

overall residential density. The district school board must be a

1729

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

1730

local government or district school board to approve a

1731

development agreement proffering charter school facilities shall

1732

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

1733

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

1734

local government may require the landowner to agree to continuing

1735

renewal of the agreement upon its expiration.

1736

     2. The construction of a charter school facility shall be

1737

an appropriate mitigation option if the facility limits

1738

enrollment to those students residing within a defined geographic

1739

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

1740

a nonprofit entity or local government, the design and

1741

construction of the facility complies with the lifesafety

1742

requirements of Florida State Requirements for Educational

1743

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

1744

reversion of the facility to the district school board if the

1745

facility ceases to be used for public educational purposes as

1746

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

1747

the right to monitor and inspect charter facilities constructed

1748

under this section to ensure compliance with the lifesafety

1749

requirements of SREF and shall have the authority to waive SREF

1750

standards in the same manner permitted for district-owned public

1751

schools.

1752

     3.2. If the education facilities plan and the public

1753

educational facilities element authorize a contribution of land;

1754

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

1755

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

1756

portion thereof, or the construction of a charter school that

1757

complies with the requirements of subparagraph 2., as

1758

proportionate-share mitigation, the local government shall credit

1759

such a contribution, construction, expansion, or payment toward

1760

any other concurrency management system, concurrency exaction,

1761

impact fee or exaction imposed by local ordinance for the same

1762

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

1763

proportionate share calculations, the percentage of relocatables

1764

used by a school district shall be considered in determining the

1765

average cost of a student station.

1766

     4.3. Any proportionate-share mitigation must be included

1767

directed by the school board as toward a school capacity

1768

improvement identified in a financially feasible 5-year district

1769

work plan that satisfies the demands created by the development

1770

in accordance with a binding developer's agreement.

1771

     5.4. If a development is precluded from commencing because

1772

there is inadequate classroom capacity to mitigate the impacts of

1773

the development, the development may nevertheless commence if

1774

there are accelerated facilities in an approved capital

1775

improvement element scheduled for construction in year four or

1776

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

1777

development, or if such accelerated facilities will be in the

1778

next annual update of the capital facilities element, the

1779

developer enters into a binding, financially guaranteed agreement

1780

with the school district to construct an accelerated facility

1781

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

1782

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

1783

the development's proportionate share. When the completed school

1784

facility is conveyed to the school district, the developer shall

1785

receive impact fee credits usable within the zone where the

1786

facility is constructed or any attendance zone contiguous with or

1787

adjacent to the zone where the facility is constructed.

1788

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

1789

government to deny a development permit or its functional

1790

equivalent pursuant to its home rule regulatory powers, except as

1791

provided in this part.

1792

     (f)  Intergovernmental coordination.--

1793

     1.  When establishing concurrency requirements for public

1794

schools, a local government shall satisfy the requirements for

1795

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

1796

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

1797

signatory to the interlocal agreement required by ss.

1798

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

1799

imposition of school concurrency, and as a nonsignatory, may

1800

shall not participate in the adopted local school concurrency

1801

system, if the municipality meets all of the following criteria

1802

for not having a no significant impact on school attendance:

1803

     a.  The municipality has issued development orders for fewer

1804

than 50 residential dwelling units during the preceding 5 years,

1805

or the municipality has generated fewer than 25 additional public

1806

school students during the preceding 5 years.

1807

     b.  The municipality has not annexed new land during the

1808

preceding 5 years in land use categories which permit residential

1809

uses that will affect school attendance rates.

1810

     c.  The municipality has no public schools located within

1811

its boundaries.

1812

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

1813

boundaries of the municipality has been built upon.

1814

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

1815

significant impact on school attendance pursuant to the criteria

1816

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

1817

evaluation and appraisal report pursuant to s. 163.3191 whether

1818

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

1819

the municipality determines that it no longer meets the criteria,

1820

it must adopt appropriate school concurrency goals, objectives,

1821

and policies in its plan amendments based on the evaluation and

1822

appraisal report, and enter into the existing interlocal

1823

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

1824

order to fully participate in the school concurrency system. If

1825

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

1826

enforcement provisions of s. 163.3191.

1827

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

1828

establishing concurrency requirements for public schools, a local

1829

government must enter into an interlocal agreement that satisfies

1830

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

1831

the requirements of this subsection. The interlocal agreement

1832

must shall acknowledge both the school board's constitutional and

1833

statutory obligations to provide a uniform system of free public

1834

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

1835

local governments, including their authority to approve or deny

1836

comprehensive plan amendments and development orders. The

1837

interlocal agreement shall be submitted to the state land

1838

planning agency by the local government as a part of the

1839

compliance review, along with the other necessary amendments to

1840

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

1841

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

1842

agreement must shall meet the following requirements:

1843

     1. Establish the mechanisms for coordinating the

1844

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

1845

public school facilities element with each other and the plans of

1846

the school board to ensure a uniform districtwide school

1847

concurrency system.

1848

     2. Establish a process for developing the development of

1849

siting criteria that which encourages the location of public

1850

schools proximate to urban residential areas to the extent

1851

possible and seeks to collocate schools with other public

1852

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

1853

extent possible.

1854

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

1855

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

1856

the adopted level-of-service standards.

1857

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

1858

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

1859

public school capital facilities program that which is

1860

financially feasible, and a process and schedule for

1861

incorporation of the public school capital facilities program

1862

into the local government comprehensive plans on an annual basis.

1863

     5.  Define the geographic application of school concurrency.

1864

If school concurrency is to be applied on a less than

1865

districtwide basis in the form of concurrency service areas, the

1866

agreement must shall establish criteria and standards for the

1867

establishment and modification of school concurrency service

1868

areas. The agreement must shall also establish a process and

1869

schedule for the mandatory incorporation of the school

1870

concurrency service areas and the criteria and standards for

1871

establishment of the service areas into the local government

1872

comprehensive plans. The agreement must shall ensure maximum

1873

utilization of school capacity, taking into account

1874

transportation costs and court-approved desegregation plans, as

1875

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

1876

achievement and maintenance of the adopted level-of-service

1877

standards for the geographic area of application throughout the 5

1878

years covered by the public school capital facilities plan and

1879

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

1880

     6.  Establish a uniform districtwide procedure for

1881

implementing school concurrency which provides for:

1882

     a.  The evaluation of development applications for

1883

compliance with school concurrency requirements, including

1884

information provided by the school board on affected schools,

1885

impact on levels of service, and programmed improvements for

1886

affected schools, and any options to provide sufficient capacity;

1887

     b.  An opportunity for the school board to review and

1888

comment on the effect of comprehensive plan amendments and

1889

rezonings on the public school facilities plan; and

1890

     c.  The monitoring and evaluation of the school concurrency

1891

system.

1892

     7.  Include provisions relating to amendment of the

1893

agreement.

1894

     8.  A process and uniform methodology for determining

1895

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

1896

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

1897

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

1898

development permit or its functional equivalent prior to the

1899

implementation of school concurrency.

1900

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

1901

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

1902

review and determination of compliance of a public school

1903

facilities element adopted by a local government for purposes of

1904

imposition of school concurrency.

1905

     (15) MULTIMODAL DISTRICTS.--

1906

     (a)  Multimodal transportation districts may be established

1907

under a local government comprehensive plan in areas delineated

1908

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

1909

assigns secondary priority to vehicle mobility and primary

1910

priority to assuring a safe, comfortable, and attractive

1911

pedestrian environment, with convenient interconnection to

1912

transit. Such districts must incorporate community design

1913

features that will reduce the number of automobile trips or

1914

vehicle miles of travel and will support an integrated,

1915

multimodal transportation system. Prior to the designation of

1916

multimodal transportation districts, the Department of

1917

Transportation shall be consulted by the local government to

1918

assess the impact that the proposed multimodal district area is

1919

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

1920

established for Strategic Intermodal System facilities, as

1921

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

1922

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

1923

local government shall, in cooperation with the Department of

1924

Transportation, develop a plan to mitigate any impacts to the

1925

Strategic Intermodal System, including the development of a long-

1926

term concurrency management system pursuant to subsection (9) and

1927

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

1928

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

1929

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

1930

comprehensive plan update pursuant to the evaluation and

1931

appraisal report, whichever occurs last.

1932

     (b) Community design elements of such a multimodal

1933

transportation district include: a complementary mix and range of

1934

land uses, including educational, recreational, and cultural

1935

uses; interconnected networks of streets designed to encourage

1936

walking and bicycling, with traffic-calming where desirable;

1937

appropriate densities and intensities of use within walking

1938

distance of transit stops; daily activities within walking

1939

distance of residences, allowing independence to persons who do

1940

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

1941

comfortable, and attractive for the pedestrian, with adjoining

1942

buildings open to the street and with parking not interfering

1943

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

1944

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

1945

service standards that rely primarily on nonvehicular modes of

1946

transportation within the district, if when justified by an

1947

analysis demonstrating that the existing and planned community

1948

design will provide an adequate level of mobility within the

1949

district based upon professionally accepted multimodal level-of-

1950

service methodologies. The analysis must also demonstrate that

1951

the capital improvements required to promote community design are

1952

financially feasible over the development or redevelopment

1953

timeframe for the district and that community design features

1954

within the district provide convenient interconnection for a

1955

multimodal transportation system. Local governments may issue

1956

development permits in reliance upon all planned community design

1957

capital improvements that are financially feasible over the

1958

development or redevelopment timeframe for the district, without

1959

regard to the period of time between development or redevelopment

1960

and the scheduled construction of the capital improvements. A

1961

determination of financial feasibility shall be based upon

1962

currently available funding or funding sources that could

1963

reasonably be expected to become available over the planning

1964

period.

1965

     (d)  Local governments may reduce impact fees or local

1966

access fees for development within multimodal transportation

1967

districts based on the reduction of vehicle trips per household

1968

or vehicle miles of travel expected from the development pattern

1969

planned for the district.

1970

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

1971

in consultation with the state land planning agency and

1972

interested local governments, may designate a study area for

1973

conducting a pilot project to determine the benefits of and

1974

barriers to establishing a regional multimodal transportation

1975

concurrency district that extends over more than one local

1976

government jurisdiction. If designated:

1977

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

1978

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

1979

service area, and have the consent of the local governments

1980

within the study area. The Department of Transportation and the

1981

state land planning agency shall provide technical assistance.

1982

     2.  The local governments within the study area and the

1983

Department of Transportation, in consultation with the state land

1984

planning agency, shall cooperatively create a multimodal

1985

transportation plan that meets the requirements of this section.

1986

The multimodal transportation plan must include viable local

1987

funding options and incorporate community design features,

1988

including a range of mixed land uses and densities and

1989

intensities, which will reduce the number of automobile trips or

1990

vehicle miles of travel while supporting an integrated,

1991

multimodal transportation system.

1992

     3.  To effectuate the multimodal transportation concurrency

1993

district, participating local governments may adopt appropriate

1994

comprehensive plan amendments.

1995

     4.  The Department of Transportation, in consultation with

1996

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

1997

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

1998

Speaker of the House of Representatives on the status of the

1999

pilot project. The report must identify any factors that support

2000

or limit the creation and success of a regional multimodal

2001

transportation district including intergovernmental coordination.

2002

     (f) The state land planning agency may designate up to five

2003

local governments as Urban Placemaking Initiative Pilot Projects.

2004

The purpose of the pilot project program is to assist local

2005

communities with redevelopment of primarily single-use suburban

2006

areas that surround strategic corridors and crossroads, and to

2007

create livable, sustainable communities that have a sense of

2008

place. Pilot communities must have a county population of at

2009

least 350,000, be able to demonstrate an ability to administer

2010

the pilot project, and have appropriate potential redevelopment

2011

areas suitable for the pilot project. Recognizing that both the

2012

form of existing development patterns and strict application of

2013

transportation concurrency requirements create obstacles to such

2014

redevelopment, the pilot project program shall further the

2015

ability of such communities to cultivate mixed-use and form-based

2016

communities that integrate all modes of transportation. The pilot

2017

project program shall provide an alternative regulatory framework

2018

that allows for the creation of a multimodal concurrency district

2019

that over the planning time period allows pilot project

2020

communities to incrementally realize the goals of the

2021

redevelopment area by guiding redevelopment of parcels and

2022

cultivating multimodal development in targeted transitional

2023

suburban areas. The Department of Transportation shall provide

2024

technical support to the state land planning agency and the

2025

department and the agency shall provide technical assistance to

2026

the local governments in the implementation of the pilot

2027

projects.

2028

     1. Each pilot project community shall designate the

2029

criteria for designation of urban placemaking redevelopment areas

2030

in the future land use element of its comprehensive plan. Such

2031

redevelopment areas must be within an adopted urban service

2032

boundary or functional equivalent. Each pilot project community

2033

shall also adopt comprehensive plan amendments that set forth

2034

criteria for the development of the urban placemaking areas that

2035

contain land use and transportation strategies, including, but

2036

not limited to, the community design elements set forth in

2037

paragraph (c). A pilot project community shall undertake a

2038

process of public engagement to coordinate community vision,

2039

citizen interest, and development goals for developments within

2040

the urban placemaking redevelopment areas.

2041

     2. Each pilot project community may assign transportation

2042

concurrency or trip generation credits and impact fee exemptions

2043

or reductions and establish concurrency exceptions for

2044

developments that meet the adopted comprehensive plan criteria

2045

for urban placemaking redevelopment areas. The provisions of

2046

paragraph (c) apply to designated urban placemaking redevelopment

2047

areas.

2048

     3. The state land planning agency shall submit a report by

2049

March 1, 2011, to the Governor, the President of the Senate, and

2050

the Speaker of the House of Representatives on the status of each

2051

approved pilot project. The report must identify factors that

2052

indicate whether or not the pilot project program has

2053

demonstrated any success in urban placemaking and redevelopment

2054

initiatives and whether the pilot project should be expanded for

2055

use by other local governments.

2056

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

2057

Legislature to provide a method by which the impacts of

2058

development on transportation facilities can be mitigated by the

2059

cooperative efforts of the public and private sectors. The

2060

methodology used to calculate proportionate fair-share mitigation

2061

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

2062

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

2063

alternative methodology shall be used which is identified by the

2064

local government as a part of its comprehensive plan and ensures

2065

that development impacts on transportation facilities are

2066

mitigated.

2067

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

2068

by ordinance a methodology for assessing proportionate fair-share

2069

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

2070

Transportation shall develop a model transportation concurrency

2071

management ordinance that has with methodologies for assessing

2072

proportionate fair-share mitigation options.

2073

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

2074

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

2075

methodologies to be applied in calculating that will be applied

2076

to calculate proportionate fair-share mitigation.

2077

     1. A developer may choose to satisfy all transportation

2078

concurrency requirements by contributing or paying proportionate

2079

fair-share mitigation if transportation facilities or facility

2080

segments identified as mitigation for traffic impacts are

2081

specifically identified for funding in the 5-year schedule of

2082

capital improvements in the capital improvements element of the

2083

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

2084

such contributions or payments to such facilities or segments are

2085

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

2086

next regularly scheduled update of the capital improvements

2087

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

2088

reflect proportionate fair-share contributions may not be found

2089

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

2090

additional contributions, payments or funding sources are

2091

reasonably anticipated during a period not to exceed 10 years to

2092

fully mitigate impacts on the transportation facilities.

2093

     2.  Proportionate fair-share mitigation shall be applied as

2094

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

2095

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

2096

same capital infrastructure improvements contemplated by the

2097

local government's impact fee ordinance.

2098

     (c)  Proportionate fair-share mitigation includes, without

2099

limitation, separately or collectively, private funds,

2100

contributions of land, and construction and contribution of

2101

facilities and may include public funds as determined by the

2102

local government. Proportionate fair-share mitigation may be

2103

directed toward one or more specific transportation improvements

2104

reasonably related to the mobility demands created by the

2105

development and such improvements may address one or more modes

2106

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

2107

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

2108

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

2109

its proportionate fair-share contribution regardless of the

2110

method of mitigation. Proportionate fair-share mitigation shall

2111

be limited to ensure that a development meeting the requirements

2112

of this section mitigates its impact on the transportation system

2113

but is not responsible for the additional cost of reducing or

2114

eliminating backlogs.

2115

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

2116

approve a development that is not otherwise qualified for

2117

approval pursuant to the applicable local comprehensive plan and

2118

land development regulations.

2119

     (e)  Mitigation for development impacts to facilities on the

2120

Strategic Intermodal System made pursuant to this subsection

2121

requires the concurrence of the Department of Transportation.

2122

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

2123

element are insufficient to fully fund construction of a

2124

transportation improvement required by the local government's

2125

concurrency management system, a local government and a developer

2126

may still enter into a binding proportionate-share agreement

2127

authorizing the developer to construct that amount of development

2128

on which the proportionate share is calculated if the

2129

proportionate-share amount in the such agreement is sufficient to

2130

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

2131

the governmental entity or entities maintaining the

2132

transportation facilities, significantly benefit the impacted

2133

transportation system. The improvements funded by the

2134

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

2135

capital improvements schedule of the comprehensive plan at the

2136

next annual capital improvements element update. The funding of

2137

any improvements that significantly benefit the impacted

2138

transportation system satisfies concurrency requirements as a

2139

mitigation of the development's impact upon the overall

2140

transportation system even if there remains a failure of

2141

concurrency on other impacted facilities.

2142

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

2143

does may not prohibit the state land planning agency Department

2144

of Community Affairs from finding other portions of the capital

2145

improvements element amendments not in compliance as provided in

2146

this chapter.

2147

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

2148

a development of regional impact satisfying the requirements of

2149

subsection (12).

2150

     (17) TRANSPORTATION CONCURRENCY INCENTIVES.--The

2151

Legislature finds that allowing private-sector entities to

2152

finance, construct, and improve public transportation facilities

2153

can provide significant benefits to the public by facilitating

2154

transportation without the need for additional public tax

2155

revenues. In order to encourage the more efficient and proactive

2156

provision of transportation improvements by the private sector,

2157

if a developer or property owner voluntarily contributes right-

2158

of-way and physically constructs or expands a state

2159

transportation facility or segment, and such construction or

2160

expansion:

2161

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

2162

voluntary contribution may be applied as a credit for that

2163

property owner or developer against any future transportation

2164

concurrency requirements pursuant to this chapter if the

2165

transportation improvement is identified in the 5-year work plan

2166

of the Department of Transportation, and such contributions and

2167

credits are set forth in a legally binding agreement executed by

2168

the property owner or developer, the local government of the

2169

jurisdiction in which the facility is located, and the Department

2170

of Transportation.

2171

     (b) Is identified in the capital improvement schedule,

2172

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

2173

legally binding agreement between the property owner or developer

2174

and the applicable local government, the contribution to the

2175

local government collector and the arterial system may be applied

2176

as credit against any future transportation concurrency

2177

requirements under this chapter.

2178

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

2179

that the existing transportation concurrency system has not

2180

adequately addressed the state's transportation needs in an

2181

effective, predictable, and equitable manner and is not producing

2182

a sustainable transportation system for the state. The current

2183

system is complex, lacks uniformity among jurisdictions, is too

2184

focused on roadways to the detriment of desired land use patterns

2185

and transportation alternatives, and frequently prevents the

2186

attainment of important growth management goals. The state,

2187

therefore, should consider a different transportation concurrency

2188

approach that uses a mobility fee based on vehicle and people

2189

miles traveled. Therefore, the Legislature directs the state land

2190

planning agency to study and develop a methodology for a mobility

2191

fee system as follows:

2192

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

2193

the Department of Transportation, shall convene a study group

2194

that includes representatives from the Department of

2195

Transportation, regional planning councils, local governments,

2196

the development community, land use and transportation

2197

professionals, and the Legislature to develop a uniform mobility

2198

fee methodology for statewide application to replace the existing

2199

transportation concurrency management system. The methodology

2200

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

2201

vehicle and people miles traveled, professionally accepted

2202

standards and practices in the fields of land use and

2203

transportation planning, and the requirements of constitutional

2204

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

2205

for mobility needs, ensure that development provides mitigation

2206

for its impacts on the transportation system, and promote

2207

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

2208

mobility fee shall be used to fund improvements to the

2209

transportation system.

2210

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

2211

shall provide a report to the Legislature containing

2212

recommendations concerning an appropriate uniform mobility fee

2213

methodology and whether a mobility fee system should be applied

2214

statewide or to more limited geographic areas, a schedule to

2215

amend comprehensive plans and land development rules to

2216

incorporate the mobility fee, a system for collecting and

2217

allocating mobility fees among state and local transportation

2218

facilities, and whether and how mobility fees should replace,

2219

revise, or supplement transportation impact fees.

2220

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

2221

workforce housing units developed in accordance with s.

2222

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

2223

centers in close proximity to the affordable workforce housing

2224

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

2225

employee or employees of an identified employment center or

2226

centers, all of the affordable workforce housing units are exempt

2227

from transportation concurrency requirements, and the local

2228

government may not reduce any transportation trip-generation

2229

entitlements of an approved development-of-regional-impact

2230

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

2231

proximity" means 5 miles from the nearest point of the

2232

development of regional impact to the nearest point of the

2233

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

2234

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

2235

employees.

2236

     Section 8.  Paragraph (d) of subsection (3) of section

2237

163.31801, Florida Statutes, is amended to read:

2238

     163.31801  Impact fees; short title; intent; definitions;

2239

ordinances levying impact fees.--

2240

     (3)  An impact fee adopted by ordinance of a county or

2241

municipality or by resolution of a special district must, at

2242

minimum:

2243

     (d)  Require that notice be provided no less than 90 days

2244

before the effective date of an ordinance or resolution imposing

2245

a new or increased amended impact fee. Notice is not required if

2246

an impact fee is decreased or eliminated.

2247

     Section 9.  Subsections (3) and (4), paragraphs (a) and (d)

2248

of subsection (6), paragraph (a) of subsection (7), paragraphs

2249

(b) and (c) of subsection (15), and subsections (17), (18), and

2250

(19) of section 163.3184, Florida Statutes, are amended to read:

2251

     163.3184  Process for adoption of comprehensive plan or plan

2252

amendment.--

2253

     (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

2254

AMENDMENT.--

2255

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

2256

amendment that applies to 50 acres or more, the applicant must

2257

conduct a neighborhood meeting to present, discuss, and solicit

2258

public comment on the proposed amendment. Such meeting shall be

2259

conducted at least 30 days but no more than 60 days before the

2260

application for the amendment is filed with the local government.

2261

At a minimum, the meeting shall be noticed and conducted in

2262

accordance with each of the following requirements:

2263

     1. Notice of the meeting shall be:

2264

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

2265

the date of the meeting to all property owners owning property

2266

within 500 feet of the property subject to the proposed

2267

amendment, according to information maintained by the county tax

2268

assessor. Such information shall conclusively establish the

2269

required recipients;

2270

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

2271

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

2272

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

2273

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

2274

condominium associations maintained by the jurisdiction, if any.

2275

     2. The meeting shall be conducted at an accessible and

2276

convenient location.

2277

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

2278

maintained.

2279

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

2280

local governing body's scheduled adoption hearing, the applicant

2281

shall conduct a second noticed community or neighborhood meeting

2282

for the purpose of presenting and discussing the map amendment

2283

application, including any changes made to the proposed amendment

2284

following the first community or neighborhood meeting. Notice by

2285

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

2286

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

2287

the preapplication meeting and persons whose names are on the

2288

sign-in sheet from the transmittal hearing conducted pursuant to

2289

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

2290

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

2291

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

2292

shall file with the local government a written certification or

2293

verification that the second meeting has been noticed and

2294

conducted in accordance with this section.

2295

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

2296

amendment that applies to 11 acres or more but less than 50

2297

acres, the applicant must conduct a neighborhood meeting in

2298

compliance with paragraph (a). At least 15 days but no more than

2299

45 days before the local governing body's scheduled adoption

2300

hearing, the applicant for a future land use map amendment that

2301

applies to 11 acres or more but less than 49 acres is encouraged

2302

to hold a second meeting using the provisions in paragraph (b).

2303

     (d) The requirement for neighborhood meetings as provided

2304

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

2305

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

2306

ordinance, adopts a procedure for holding a neighborhood meeting

2307

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

2308

more than one such meeting be required.

2309

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

2310

complete proposed comprehensive plan or plan amendment to the

2311

state land planning agency, the appropriate regional planning

2312

council and water management district, the Department of

2313

Environmental Protection, the Department of State, and the

2314

Department of Transportation, and, in the case of municipal

2315

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

2316

plans, to the Fish and Wildlife Conservation Commission and the

2317

Department of Agriculture and Consumer Services, immediately

2318

following a public hearing pursuant to subsection (15) as

2319

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

2320

The local governing body shall also transmit a copy of the

2321

complete proposed comprehensive plan or plan amendment to any

2322

other unit of local government or government agency in the state

2323

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

2324

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

2325

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

2326

the time of the transmittal of an amendment.

2327

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

2328

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

2329

all state agencies designated by the state land planning agency a

2330

complete copy of its adopted comprehensive plan pursuant to

2331

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

2332

In the case of comprehensive plan amendments, the local governing

2333

body shall transmit to the state land planning agency, the

2334

appropriate regional planning council and water management

2335

district, the Department of Environmental Protection, the

2336

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

2337

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

2338

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

2339

Commission and the Department of Agriculture and Consumer

2340

Services the materials specified in the state land planning

2341

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

2342

amendment is a result of an evaluation and appraisal report

2343

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

2344

appraisal report. Local governing bodies shall consolidate all

2345

proposed plan amendments into a single submission for each of the

2346

two plan amendment adoption dates during the calendar year

2347

pursuant to s. 163.3187.

2348

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

2349

amendment previously transmitted pursuant to this subsection,

2350

unless review is requested or otherwise initiated pursuant to

2351

subsection (6).

2352

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

2353

multiple individual amendments that can be clearly and legally

2354

separated and distinguished for the purpose of determining

2355

whether to review the proposed amendment, and the state land

2356

planning agency elects to review several or a portion of the

2357

amendments and the local government chooses to immediately adopt

2358

the remaining amendments not reviewed, the amendments immediately

2359

adopted and any reviewed amendments that the local government

2360

subsequently adopts together constitute one amendment cycle in

2361

accordance with s. 163.3187(1).

2362

2363

Paragraphs (a)-(d) apply to applications for a map amendment

2364

filed after January 1, 2009.

2365

     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies

2366

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

2367

land planning agency within 30 days after receipt by the state

2368

land planning agency of the complete proposed plan amendment. If

2369

the plan or plan amendment includes or relates to the public

2370

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

2371

land planning agency shall submit a copy to the Office of

2372

Educational Facilities of the Commissioner of Education for

2373

review and comment. The appropriate regional planning council

2374

shall also provide its written comments to the state land

2375

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

2376

planning agency of the complete proposed plan amendment and shall

2377

specify any objections, recommendations for modifications, and

2378

comments of any other regional agencies to which the regional

2379

planning council may have referred the proposed plan amendment.

2380

Written comments submitted by the public within 30 days after

2381

notice of transmittal by the local government of the proposed

2382

plan amendment will be considered as if submitted by governmental

2383

agencies. All written agency and public comments must be made

2384

part of the file maintained under subsection (2).

2385

     (6)  STATE LAND PLANNING AGENCY REVIEW.--

2386

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

2387

plan amendment upon request of a regional planning council,

2388

affected person, or local government transmitting the plan

2389

amendment. The request from the regional planning council or

2390

affected person must be received within 45 30 days after

2391

transmittal of the proposed plan amendment pursuant to subsection

2392

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

2393

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

2394

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

2395

other person who has requested notice.

2396

     (d)  The state land planning agency review shall identify

2397

all written communications with the agency regarding the proposed

2398

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

2399

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

2400

government all written communications received 45 30 days after

2401

transmittal. The written identification must include a list of

2402

all documents received or generated by the agency, which list

2403

must be of sufficient specificity to enable the documents to be

2404

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

2405

person to be contacted to request copies of any identified

2406

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

2407

records of the state land planning agency.

2408

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

2409

OR AMENDMENTS AND TRANSMITTAL.--

2410

     (a)  The local government shall review the written comments

2411

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

2412

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

2413

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

2414

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

2415

proceeding in which the comprehensive plan or plan amendment may

2416

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

2417

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

2418

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

2419

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

2420

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

2421

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

2422

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

2423

the amendment. The adoption of the proposed plan or plan

2424

amendment or the determination not to adopt a plan amendment,

2425

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

2426

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

2427

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

2428

comprehensive plan or plan amendment within the period set forth

2429

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

2430

abandoned and may not be considered until the next available

2431

amendment cycle pursuant to this section and s. 163.3187.

2432

However, if the applicant or local government, before the

2433

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

2434

planning agency that the applicant is proceeding in good faith to

2435

address the items raised in the agency report issued pursuant to

2436

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

2437

163.32465(4), and such certification specifically identifies the

2438

items being addressed, the state land planning agency may grant

2439

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

2440

following the date of the issuance of the agency report or

2441

comments if the request is justified by good and sufficient cause

2442

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

2443

the applicant shall file with the local government and state land

2444

planning agency a status report every 60 days specifically

2445

identifying the items being addressed and the manner in which

2446

such items are being addressed. The local government shall

2447

transmit the complete adopted comprehensive plan or plan

2448

amendment, including the names and addresses of persons compiled

2449

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

2450

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

2451

days after adoption. The local governing body shall also transmit

2452

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

2453

regional planning agency and to any other unit of local

2454

government or governmental agency in the state that has filed a

2455

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

2456

plan amendment.

2457

     (15)  PUBLIC HEARINGS.--

2458

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

2459

advertised public hearings on the proposed comprehensive plan or

2460

plan amendment as follows:

2461

     1.  The first public hearing shall be held at the

2462

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

2463

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

2464

advertisement is published.

2465

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

2466

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

2467

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

2468

published. The comprehensive plan or plan amendment to be

2469

considered for adoption must be available to the public at least

2470

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

2471

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

2472

government's website if one is maintained. The proposed

2473

comprehensive plan amendment may not be altered during the 5 days

2474

before the hearing if such alteration increases the permissible

2475

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

2476

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

2477

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

2478

public hearing shall be continued to the next meeting of the

2479

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

2480

government shall certify in writing to the state land planning

2481

agency that it has complied with this subsection.

2482

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

2483

the transmittal hearing and at the adoption hearing for persons

2484

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

2485

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

2486

information will receive a courtesy informational statement

2487

concerning publications of the state land planning agency's

2488

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

2489

form the name and address of any person who submits written

2490

comments concerning the proposed plan or plan amendment during

2491

the time period between the commencement of the transmittal

2492

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

2493

responsibility of the person completing the form or providing

2494

written comments to accurately, completely, and legibly provide

2495

all information needed in order to receive the courtesy

2496

informational statement.

2497

     (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN

2498

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

2499

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

2500

may adopt a plan amendment related to map amendments solely to

2501

property within an urban service boundary in the manner described

2502

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

2503

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

2504

regional agency review is eliminated. The department may not

2505

issue an objections, recommendations, and comments report on

2506

proposed plan amendments or a notice of intent on adopted plan

2507

amendments; however, affected persons, as defined by paragraph

2508

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

2509

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

2510

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

2511

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

2512

amendment that increases residential densities allowable in high-

2513

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

2514

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

2515

government's comprehensive plan. Amendments submitted under this

2516

subsection are exempt from the limitation on the frequency of

2517

plan amendments in s. 163.3187.

2518

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

2519

municipality that has a designated urban infill and redevelopment

2520

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

2521

amendments solely to property within a designated urban infill

2522

and redevelopment area in the manner described in subsections

2523

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

2524

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

2525

eliminated. The department may not issue an objections,

2526

recommendations, and comments report on proposed plan amendments

2527

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

2528

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

2529

petition for administrative review pursuant to the requirements

2530

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

2531

plan amendment. This subsection does not apply to any amendment

2532

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

2533

increases residential densities allowable in high-hazard coastal

2534

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

2535

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

2536

comprehensive plan. Amendments submitted under this subsection

2537

are exempt from the limitation on the frequency of plan

2538

amendments in s. 163.3187.

2539

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

2540

local government that identifies in its comprehensive plan the

2541

types of housing developments and conditions for which it will

2542

consider plan amendments that are consistent with the local

2543

housing incentive strategies identified in s. 420.9076 and

2544

authorized by the local government may expedite consideration of

2545

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

2546

plan amendment pursuant to this subsection, the local government

2547

shall notify the state land planning agency of its intent to

2548

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

2549

government's evaluation of site suitability and availability of

2550

facilities and services. A plan amendment considered under this

2551

subsection shall require only a single public hearing before the

2552

local governing body, which shall be a plan amendment adoption

2553

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

2554

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

2555

statement that the local government intends to use the expedited

2556

adoption process authorized under this subsection. The state land

2557

planning agency shall issue its notice of intent required under

2558

subsection (8) within 30 days after determining that the

2559

amendment package is complete. Any further proceedings shall be

2560

governed by subsections (9)-(16).

2561

     Section 10.  Section 163.3187, Florida Statutes, is amended

2562

to read:

2563

     163.3187  Amendment of adopted comprehensive plan.--

2564

     (1)(a) A plan amendment applying to lands within an urban

2565

service area that includes lands appropriate for compact

2566

contiguous urban development, which does not exceed the amount of

2567

land needed to accommodate projected population growth at

2568

densities consistent with the adopted comprehensive plan within a

2569

10-year planning period, and which is served or is planned to be

2570

served with public facilities and services as provided by the

2571

capital improvements element may be transmitted not more than two

2572

times during any calendar year. Amendments to comprehensive plans

2573

applying to lands outside an urban service area, as described in

2574

this subsection, adopted pursuant to this part may be made not

2575

more than once two times during any calendar year., except:

2576

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

2577

government at any time during a calendar year without regard for

2578

the frequency restrictions set forth in this subsection:

2579

     1. Any local government comprehensive plan In the case of

2580

an emergency, comprehensive plan amendments may be made more

2581

often than twice during the calendar year if the additional plan

2582

amendment enacted in case of emergency which receives the

2583

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

2584

means any occurrence or threat thereof whether accidental or

2585

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

2586

may result in substantial injury or harm to the population or

2587

substantial damage to or loss of property or public funds.

2588

     2.(b) Any local government comprehensive plan amendments

2589

directly related to a proposed development of regional impact,

2590

including changes which have been determined to be substantial

2591

deviations and including Florida Quality Developments pursuant to

2592

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

2593

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

2594

application for development approval using the procedures

2595

provided for local plan amendment in this section and applicable

2596

local ordinances, without regard to statutory or local ordinance

2597

limits on the frequency of consideration of amendments to the

2598

local comprehensive plan. Nothing in this subsection shall be

2599

deemed to require favorable consideration of a plan amendment

2600

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

2601

     3.(c) Any Local government comprehensive plan amendments

2602

directly related to proposed small scale development activities

2603

may be approved without regard to statutory limits on the

2604

frequency of consideration of amendments to the local

2605

comprehensive plan. A small scale development amendment may be

2606

adopted only under the following conditions:

2607

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

2608

fewer and:

2609

     (I)a. The cumulative annual effect of the acreage for all

2610

small scale development amendments adopted by the local

2611

government shall not exceed:

2612

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

2613

contains areas specifically designated in the local comprehensive

2614

plan for urban infill, urban redevelopment, or downtown

2615

revitalization as defined in s. 163.3164, urban infill and

2616

redevelopment areas designated under s. 163.2517, transportation

2617

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

2618

or regional activity centers and urban central business districts

2619

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

2620

this subparagraph paragraph may be applied to no more than 60

2621

acres annually of property outside the designated areas listed in

2622

this sub-sub-sub-subparagraph sub-sub-subparagraph. Amendments

2623

adopted pursuant to paragraph (k) shall not be counted toward the

2624

acreage limitations for small scale amendments under this

2625

paragraph.

2626

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

2627

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

2628

sub-sub-subparagraph (A) sub-sub-subparagraph (I).

2629

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

2630

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

2631

     (II)b. The proposed amendment does not involve the same

2632

property granted a change within the prior 12 months.

2633

     (III)c. The proposed amendment does not involve the same

2634

owner's property within 200 feet of property granted a change

2635

within the prior 12 months.

2636

     (IV)d. The proposed amendment does not involve a text

2637

change to the goals, policies, and objectives of the local

2638

government's comprehensive plan, but only proposes a land use

2639

change to the future land use map for a site-specific small scale

2640

development activity.

2641

     (V)e. The property that is the subject of the proposed

2642

amendment is not located within an area of critical state

2643

concern, unless the project subject to the proposed amendment

2644

involves the construction of affordable housing units meeting the

2645

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

2646

critical state concern designated by s. 380.0552 or by the

2647

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

2648

amendment is not subject to the density limitations of sub-sub-

2649

subparagraph VI sub-subparagraph f., and shall be reviewed by the

2650

state land planning agency for consistency with the principles

2651

for guiding development applicable to the area of critical state

2652

concern where the amendment is located and is shall not become

2653

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

2654

     (VI)f. If the proposed amendment involves a residential

2655

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

2656

less per acre or the proposed future land use category allows a

2657

maximum residential density of the same or less than the maximum

2658

residential density allowable under the existing future land use

2659

category, except that this limitation does not apply to small

2660

scale amendments involving the construction of affordable housing

2661

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

2662

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

2663

scale amendments described in sub-sub-sub-subparagraph (I)(A)

2664

which sub-sub-subparagraph a.(I) that are designated in the local

2665

comprehensive plan for urban infill, urban redevelopment, or

2666

downtown revitalization as defined in s. 163.3164, urban infill

2667

and redevelopment areas designated under s. 163.2517,

2668

transportation concurrency exception areas approved pursuant to

2669

s. 163.3180(5), or regional activity centers and urban central

2670

business districts approved pursuant to s. 380.06(2)(e).

2671

     b.(I)2.a. A local government that proposes to consider a

2672

plan amendment pursuant to this subparagraph paragraph is not

2673

required to comply with the procedures and public notice

2674

requirements of s. 163.3184(15)(c) for such plan amendments if

2675

the local government complies with the provisions in s.

2676

125.66(4)(a) for a county or in s. 166.041(3)(c) for a

2677

municipality. If a request for a plan amendment under this

2678

subparagraph paragraph is initiated by other than the local

2679

government, public notice is required.

2680

     (II)b. The local government shall send copies of the notice

2681

and amendment to the state land planning agency, the regional

2682

planning council, and any other person or entity requesting a

2683

copy. This information shall also include a statement identifying

2684

any property subject to the amendment that is located within a

2685

coastal high-hazard area as identified in the local comprehensive

2686

plan.

2687

     c.3. Small scale development amendments adopted pursuant to

2688

this subparagraph paragraph require only one public hearing

2689

before the governing board, which shall be an adoption hearing as

2690

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

2691

requirements of s. 163.3184(3)-(6) unless the local government

2692

elects to have them subject to those requirements.

2693

     d.4. If the small scale development amendment involves a

2694

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

2695

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

2696

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

2697

subparagraph a. subparagraph 1. shall be increased by 100 percent

2698

to 20 acres. The local government approving the small scale plan

2699

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

2700

Economic Development that the plan amendment furthers the

2701

economic objectives set forth in the executive order issued under

2702

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

2703

shall undergo public review to ensure that all concurrency

2704

requirements and federal, state, and local environmental permit

2705

requirements are met.

2706

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

2707

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

2708

without regard to statutory limits on the frequency of adoption

2709

of amendments to the comprehensive plan.

2710

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

2711

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

2712

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

2713

amendments.

2714

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

2715

schedule in the capital improvements element, and any amendments

2716

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

2717

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

2718

subsection when necessary to coincide with the adoption of the

2719

local government's budget and capital improvements program.

2720

     (g) Any local government comprehensive plan amendments

2721

directly related to proposed redevelopment of brownfield areas

2722

designated under s. 376.80 may be approved without regard to

2723

statutory limits on the frequency of consideration of amendments

2724

to the local comprehensive plan.

2725

     6.(h) Any comprehensive plan amendments for port

2726

transportation facilities and projects that are eligible for

2727

funding by the Florida Seaport Transportation and Economic

2728

Development Council pursuant to s. 311.07.

2729

     (i) A comprehensive plan amendment for the purpose of

2730

designating an urban infill and redevelopment area under s.

2731

163.2517 may be approved without regard to the statutory limits

2732

on the frequency of amendments to the comprehensive plan.

2733

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

2734

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

2735

not limited to, adoption of a public school facilities element

2736

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

2737

capital improvements element and intergovernmental coordination

2738

element. In order to ensure the consistency of local government

2739

public school facilities elements within a county, such elements

2740

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

2741

     (k) A local comprehensive plan amendment directly related

2742

to providing transportation improvements to enhance life safety

2743

on Controlled Access Major Arterial Highways identified in the

2744

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

2745

125.011, where such roadways have a high incidence of traffic

2746

accidents resulting in serious injury or death. Any such

2747

amendment shall not include any amendment modifying the

2748

designation on a comprehensive development plan land use map nor

2749

any amendment modifying the allowable densities or intensities of

2750

any land.

2751

     (l) A comprehensive plan amendment to adopt a public

2752

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

2753

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

2754

notwithstanding statutory limits on the frequency of adopting

2755

plan amendments.

2756

     (m) A comprehensive plan amendment that addresses criteria

2757

or compatibility of land uses adjacent to or in close proximity

2758

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

2759

element does not count toward the limitation on the frequency of

2760

the plan amendments.

2761

     (n) Any local government comprehensive plan amendment

2762

establishing or implementing a rural land stewardship area

2763

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

2764

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

2765

area designated by the Governor as a rural area of critical

2766

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

2767

development objectives may be approved without regard to the

2768

statutory limits on the frequency of adoption of amendments to

2769

the comprehensive plan.

2770

     (p) Any local government comprehensive plan amendment that

2771

is consistent with the local housing incentive strategies

2772

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

2773

     8. Any local government comprehensive plan amendment

2774

adopted pursuant to a final order issued by the Administration

2775

Commission or Florida Land and Water Adjudicatory Commission.

2776

     9. A future land use map amendment within an area

2777

designated by the Governor as a rural area of critical economic

2778

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

2779

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

2780

government shall obtain from the Office of Tourism, Trade, and

2781

Economic Development written certification that the plan

2782

amendment furthers the economic objectives set forth in the

2783

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

2784

to the plan amendment is subject to all concurrency requirements

2785

and federal, state, and local environmental permit requirements.

2786

     10. Any local government comprehensive plan amendment

2787

establishing or implementing a rural land stewardship area

2788

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

2789

pursuant to the provisions of s. 163.3245.

2790

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

2791

as to preserve the internal consistency of the plan pursuant to

2792

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

2793

costs which were set out as part of the comprehensive plan shall

2794

not, for the purposes of this act, be deemed to be amendments.

2795

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

2796

issue a notice of intent for small scale development amendments

2797

which satisfy the requirements of subparagraph (1)(b)3. paragraph

2798

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

2799

of Administrative Hearings pursuant to ss. 120.569 and 120.57 to

2800

request a hearing to challenge the compliance of a small scale

2801

development amendment with this act within 30 days following the

2802

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

2803

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

2804

to the state land planning agency. An administrative law judge

2805

shall hold a hearing in the affected jurisdiction not less than

2806

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

2807

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

2808

a hearing held pursuant to this subsection shall be the

2809

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

2810

proceeding, the local government's determination that the small

2811

scale development amendment is in compliance is presumed to be

2812

correct. The local government's determination shall be sustained

2813

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

2814

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

2815

In any proceeding initiated pursuant to this subsection, the

2816

state land planning agency may intervene.

2817

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

2818

small scale development amendment be found not in compliance, the

2819

administrative law judge shall submit the recommended order to

2820

the Administration Commission for final agency action. If the

2821

administrative law judge recommends that the small scale

2822

development amendment be found in compliance, the administrative

2823

law judge shall submit the recommended order to the state land

2824

planning agency.

2825

     2.  If the state land planning agency determines that the

2826

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

2827

within 30 days following its receipt, the recommended order to

2828

the Administration Commission for final agency action. If the

2829

state land planning agency determines that the plan amendment is

2830

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

2831

days following its receipt of the recommended order.

2832

     (c)  Small scale development amendments shall not become

2833

effective until 31 days after adoption. If challenged within 30

2834

days after adoption, small scale development amendments shall not

2835

become effective until the state land planning agency or the

2836

Administration Commission, respectively, issues a final order

2837

determining that the adopted small scale development amendment is

2838

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

2839

effective until it has been rendered to the state land planning

2840

agency as required by sub-sub-subparagraph (1)(b)5.b.(I) and the

2841

state land planning agency has certified to the local government

2842

in writing that the amendment qualifies as a small-scale

2843

amendment.

2844

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

2845

planning agency a current copy of its comprehensive plan not

2846

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

2847

transmit copies of any amendments it adopts to its comprehensive

2848

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

2849

land planning agency.

2850

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

2851

limit the authority of local governments to require that a person

2852

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

2853

notice.

2854

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

2855

comprehensive plan after the date established by the state land

2856

planning agency for adoption of its evaluation and appraisal

2857

report unless it has submitted its report or addendum to the

2858

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

2859

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

2860

(1)(b) or subparagraph (1)(b)6. paragraph (1)(h).

2861

     (b)  A local government may amend its comprehensive plan

2862

after it has submitted its adopted evaluation and appraisal

2863

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

2864

of sufficiency regardless of whether the report has been

2865

determined to be insufficient.

2866

     (c)  A local government may not amend its comprehensive

2867

plan, except for plan amendments described in subparagraph

2868

(1)(b)2. paragraph (1)(b), if the 1-year period after the initial

2869

sufficiency determination of the report has expired and the

2870

report has not been determined to be sufficient.

2871

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

2872

the report has sufficiently addressed all pertinent provisions of

2873

s. 163.3191, the local government may amend its comprehensive

2874

plan without the limitations imposed by paragraph (a) or

2875

paragraph (c).

2876

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

2877

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

2878

but such invalidity may be overcome if the local government

2879

readopts the amendment and transmits the amendment to the state

2880

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

2881

is determined to be sufficient.

2882

     Section 11.  Section 163.3245, Florida Statutes, is amended

2883

to read:

2884

     163.3245  Optional sector plans.--

2885

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

2886

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

2887

detailed planning for specific areas, as a demonstration project,

2888

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

2889

this section for up to five local governments or combinations of

2890

local governments may which adopt into their the comprehensive

2891

plans plan an optional sector plan in accordance with this

2892

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

2893

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

2894

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

2895

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

2896

the level of data and analysis required for a development of

2897

regional impact, while ensuring the adequate mitigation of

2898

impacts to applicable regional resources and facilities,

2899

including those within the jurisdiction of other local

2900

governments, as would otherwise be provided. Optional sector

2901

plans are intended for substantial geographic areas that include

2902

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

2903

local governmental jurisdictions and are to emphasize urban form

2904

and protection of regionally significant resources and

2905

facilities. The state land planning agency may approve optional

2906

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

2907

circumstances if it is determined that the plan would further the

2908

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

2909

an optional sector plan is authorized by agreement between the

2910

state land planning agency and the applicable local governments

2911

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

2912

through one or more comprehensive plan amendments under s.

2913

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

2914

in an area of critical state concern.

2915

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

2916

agreement to authorize preparation of an optional sector plan

2917

upon the request of one or more local governments based on

2918

consideration of problems and opportunities presented by existing

2919

development trends; the effectiveness of current comprehensive

2920

plan provisions; the potential to further the state comprehensive

2921

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

2922

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

2923

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

2924

conduct a scoping meeting with affected local governments and

2925

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

2926

government may consider the sector plan amendments for

2927

transmittal execution of the agreement authorized by this

2928

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

2929

planning agency and the local government in identifying the

2930

identification of the relevant planning issues to be addressed

2931

and the data and resources available to assist in the preparation

2932

of the subsequent plan amendments. The regional planning council

2933

shall make written recommendations to the state land planning

2934

agency and affected local governments relating to, including

2935

whether a sustainable sector plan would be appropriate. The

2936

agreement must define the geographic area to be subject to the

2937

sector plan, the planning issues that will be emphasized,

2938

requirements for intergovernmental coordination to address

2939

extrajurisdictional impacts, supporting application materials

2940

including data and analysis, and procedures for public

2941

participation. An agreement may address previously adopted sector

2942

plans that are consistent with the standards in this section.

2943

Before executing an agreement under this subsection, the local

2944

government shall hold a duly noticed public workshop to review

2945

and explain to the public the optional sector planning process

2946

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

2947

government shall hold a duly noticed public hearing to execute

2948

the agreement. All meetings between the state land planning

2949

agency department and the local government must be open to the

2950

public.

2951

     (3)  Optional sector planning encompasses two levels:

2952

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

2953

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

2954

immediate effect on the issuance of development orders or the

2955

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

2956

detailed specific area plans that implement the conceptual long-

2957

term overlay plan buildout overlay and authorize issuance of

2958

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

2959

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

2960

future land use designations may be used only if consistent with

2961

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

2962

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

2963

underlying future land use designations apply.

2964

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

2965

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

2966

163.3184 buildout overlay must include maps and text supported by

2967

data and analysis that address the following:

2968

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

2969

at a minimum, identifies the maximum and minimum amounts,

2970

densities, intensities, and types of allowable development and

2971

generally depicts anticipated areas of urban, agricultural,

2972

rural, and conservation land use.

2973

     2. A general identification of regionally significant

2974

public facilities consistent with chapter 9J-2, Florida

2975

Administrative Code, irrespective of local governmental

2976

jurisdiction, necessary to support buildout of the anticipated

2977

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

2978

used to address and mitigate these impacts as part of the

2979

adoption of detailed specific area plans.

2980

     3. A general identification of regionally significant

2981

natural resources and policies ensuring the protection and

2982

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

2983

Florida Administrative Code.

2984

     4.  Principles and guidelines that address the urban form

2985

and interrelationships of anticipated future land uses, and a

2986

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

2987

which the plan will address restoring key ecosystems, achieving a

2988

more clean, healthy environment, limiting urban sprawl within the

2989

sector plan and surrounding area, providing affordable and

2990

workforce housing, promoting energy-efficient land use patterns,

2991

protecting wildlife and natural areas, advancing the efficient

2992

use of land and other resources, and creating quality communities

2993

and jobs.

2994

     5.  Identification of general procedures to ensure

2995

intergovernmental coordination to address extrajurisdictional

2996

impacts from the long-range conceptual overlay plan framework

2997

map.

2998

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

2999

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

3000

plans must include:

3001

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

3002

development which achieves a functional relationship between a

3003

full range of land uses within the area and encompasses to

3004

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

3005

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

3006

based on local circumstances if it is determined that the plan

3007

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

3008

     2. Detailed identification and analysis of the minimum and

3009

maximum amounts, densities, intensities, distribution, extent,

3010

and location of future land uses.

3011

     3.  Detailed identification of regionally significant public

3012

facilities, including public facilities outside the jurisdiction

3013

of the host local government, anticipated impacts of future land

3014

uses on those facilities, and required improvements consistent

3015

with the policies accompanying the plan and, for transportation,

3016

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

3017

     4.  Public facilities necessary for the short term,

3018

including developer contributions in a financially feasible 5-

3019

year capital improvement schedule of the affected local

3020

government.

3021

     5.  Detailed analysis and identification of specific

3022

measures to assure the protection of regionally significant

3023

natural resources and other important resources both within and

3024

outside the host jurisdiction, including those regionally

3025

significant resources identified in chapter 9J-2, Florida

3026

Administrative Code.

3027

     6.  Principles and guidelines that address the urban form

3028

and interrelationships of anticipated future land uses and a

3029

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

3030

which the plan will address restoring key ecosystems, achieving a

3031

more clean, healthy environment, limiting urban sprawl, providing

3032

affordable and workforce housing, promoting energy-efficient land

3033

use patterns, protecting wildlife and natural areas, advancing

3034

the efficient use of land and other resources, and creating

3035

quality communities and jobs.

3036

     7.  Identification of specific procedures to ensure

3037

intergovernmental coordination that addresses to address

3038

extrajurisdictional impacts of the detailed specific area plan.

3039

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

3040

preparation and approval of the optional sector plan and detailed

3041

specific area plan concurrently or in the same submission.

3042

     (4) The host local government shall submit a monitoring

3043

report to the state land planning agency and applicable regional

3044

planning council on an annual basis after adoption of a detailed

3045

specific area plan. The annual monitoring report must provide

3046

summarized information on development orders issued, development

3047

that has occurred, public facility improvements made, and public

3048

facility improvements anticipated over the upcoming 5 years.

3049

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

3050

specific area plan has become effective under ss. 163.3184 and

3051

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

3052

development within the geographic area of the detailed specific

3053

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

3054

development order that is vested from the detailed specific area

3055

plan may be enforced under s. 380.11.

3056

     (a)  The local government adopting the detailed specific

3057

area plan is primarily responsible for monitoring and enforcing

3058

the detailed specific area plan. Local governments may shall not

3059

issue any permits or approvals or provide any extensions of

3060

services to development that are not consistent with the detailed

3061

sector area plan.

3062

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

3063

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

3064

agreement entered into under this section, has occurred or is

3065

about to occur, it may institute an administrative or judicial

3066

proceeding to prevent, abate, or control the conditions or

3067

activity creating the violation, using the procedures in s.

3068

380.11.

3069

     (c) In instituting an administrative or judicial proceeding

3070

involving an optional sector plan or detailed specific area plan,

3071

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

3072

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

3073

(6), and (7).

3074

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

3075

the department shall provide a status report to the Legislative

3076

Committee on Intergovernmental Relations regarding each optional

3077

sector plan authorized under this section.

3078

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

3079

the rights of any person under this chapter.

3080

     Section 12.  Section 163.3246, Florida Statutes, is amended

3081

to read:

3082

     163.3246  Local Government Comprehensive Planning

3083

Certification Program.--

3084

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

3085

Government Comprehensive Planning Certification Program has had a

3086

low level of interest from and participation by local

3087

governments. New approaches, such as the Alternative State Review

3088

Process Pilot Program, provide a more effective approach to

3089

expediting and streamlining comprehensive plan amendment review.

3090

Therefore, the Local Government Comprehensive Planning

3091

Certification Program is discontinued and no additional local

3092

governments may be certified. The municipalities of Freeport,

3093

Lakeland, Miramar, and Orlando may continue to adopt amendments

3094

in accordance with this section and their certification agreement

3095

or certification notice. to be administered by the Department of

3096

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

3097

certification process for local governments who identify a

3098

geographic area for certification within which they commit to

3099

directing growth and who, because of a demonstrated record of

3100

effectively adopting, implementing, and enforcing its

3101

comprehensive plan, the level of technical planning experience

3102

exhibited by the local government, and a commitment to implement

3103

exemplary planning practices, require less state and regional

3104

oversight of the comprehensive plan amendment process. The

3105

purpose of the certification area is to designate areas that are

3106

contiguous, compact, and appropriate for urban growth and

3107

development within a 10-year planning timeframe. Municipalities

3108

and counties are encouraged to jointly establish the

3109

certification area, and subsequently enter into joint

3110

certification agreement with the department.

3111

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

3112

program, the local government must:

3113

     (a) Demonstrate a record of effectively adopting,

3114

implementing, and enforcing its comprehensive plan;

3115

     (b) Demonstrate technical, financial, and administrative

3116

expertise to implement the provisions of this part without state

3117

oversight;

3118

     (c) Obtain comments from the state and regional review

3119

agencies regarding the appropriateness of the proposed

3120

certification;

3121

     (d) Hold at least one public hearing soliciting public

3122

input concerning the local government's proposal for

3123

certification; and

3124

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

3125

comprehensive plan and land development regulations which:

3126

     1. Promote infill development and redevelopment, including

3127

prioritized and timely permitting processes in which applications

3128

for local development permits within the certification area are

3129

acted upon expeditiously for proposed development that is

3130

consistent with the local comprehensive plan.

3131

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

3132

very-low-income households or specialized housing to assist

3133

elderly and disabled persons to remain at home or in independent

3134

living arrangements.

3135

     3. Achieve effective intergovernmental coordination and

3136

address the extrajurisdictional effects of development within the

3137

certified area.

3138

     4. Promote economic diversity and growth while encouraging

3139

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

3140

the protection and restoration of the environment.

3141

     5. Provide and maintain public urban and rural open space

3142

and recreational opportunities.

3143

     6. Manage transportation and land uses to support public

3144

transit and promote opportunities for pedestrian and nonmotorized

3145

transportation.

3146

     7. Use design principles to foster individual community

3147

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

3148

oriented safe neighborhoods and town centers.

3149

     8. Redevelop blighted areas.

3150

     9. Adopt a local mitigation strategy and have programs to

3151

improve disaster preparedness and the ability to protect lives

3152

and property, especially in coastal high-hazard areas.

3153

     10. Encourage clustered, mixed-use development that

3154

incorporates greenspace and residential development within

3155

walking distance of commercial development.

3156

     11. Encourage urban infill at appropriate densities and

3157

intensities and separate urban and rural uses and discourage

3158

urban sprawl while preserving public open space and planning for

3159

buffer-type land uses and rural development consistent with their

3160

respective character along and outside the certification area.

3161

     12. Assure protection of key natural areas and agricultural

3162

lands that are identified using state and local inventories of

3163

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

3164

     a. Wildlife corridors.

3165

     b. Lands with high native biological diversity, important

3166

areas for threatened and endangered species, species of special

3167

concern, migratory bird habitat, and intact natural communities.

3168

     c. Significant surface waters and springs, aquatic

3169

preserves, wetlands, and outstanding Florida waters.

3170

     d. Water resources suitable for preservation of natural

3171

systems and for water resource development.

3172

     e. Representative and rare native Florida natural systems.

3173

     13. Ensure the cost-efficient provision of public

3174

infrastructure and services.

3175

     (3) Portions of local governments located within areas of

3176

critical state concern cannot be included in a certification

3177

area.

3178

     (4) A local government or group of local governments

3179

seeking certification of all or part of a jurisdiction or

3180

jurisdictions must submit an application to the department which

3181

demonstrates that the area sought to be certified meets the

3182

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

3183

include copies of the applicable local government comprehensive

3184

plan, land development regulations, interlocal agreements, and

3185

other relevant information supporting the eligibility criteria

3186

for designation. Upon receipt of a complete application, the

3187

department must provide the local government with an initial

3188

response to the application within 90 days after receipt of the

3189

application.

3190

     (5) If the local government meets the eligibility criteria

3191

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

3192

local government by written agreement, which shall be considered

3193

final agency action subject to challenge under s. 120.569.

3194

     (2) The agreement for the municipalities of Lakeland,

3195

Miramar, and Orlando must include the following components:

3196

     (a)  The basis for certification.

3197

     (b)  The boundary of the certification area, which

3198

encompasses areas that are contiguous, compact, appropriate for

3199

urban growth and development, and in which public infrastructure

3200

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

3201

timeframe. The certification area must is required to include

3202

sufficient land to accommodate projected population growth,

3203

housing demand, including choice in housing types and

3204

affordability, job growth and employment, appropriate densities

3205

and intensities of use to be achieved in new development and

3206

redevelopment, existing or planned infrastructure, including

3207

transportation and central water and sewer facilities. The

3208

certification area must be adopted as part of the local

3209

government's comprehensive plan.

3210

     (c)  A demonstration that the capital improvements plan

3211

governing the certified area is updated annually.

3212

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

3213

visioning plan.

3214

     (e)  A description of baseline conditions related to the

3215

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

3216

     (f)  A work program setting forth specific planning

3217

strategies and projects that will be undertaken to achieve

3218

improvement in the baseline conditions as measured by the

3219

criteria identified in paragraph (g).

3220

     (g)  Criteria to evaluate the effectiveness of the

3221

certification process in achieving the community-development

3222

goals for the certification area including:

3223

     1.  Measuring the compactness of growth, expressed as the

3224

ratio between population growth and land consumed;

3225

     2.  Increasing residential density and intensities of use;

3226

     3.  Measuring and reducing vehicle miles traveled and

3227

increasing the interconnectedness of the street system,

3228

pedestrian access, and mass transit;

3229

     4.  Measuring the balance between the location of jobs and

3230

housing;

3231

     5.  Improving the housing mix within the certification area,

3232

including the provision of mixed-use neighborhoods, affordable

3233

housing, and the creation of an affordable housing program if

3234

such a program is not already in place;

3235

     6.  Promoting mixed-use developments as an alternative to

3236

single-purpose centers;

3237

     7.  Promoting clustered development having dedicated open

3238

space;

3239

     8.  Linking commercial, educational, and recreational uses

3240

directly to residential growth;

3241

     9.  Reducing per capita water and energy consumption;

3242

     10.  Prioritizing environmental features to be protected and

3243

adopting measures or programs to protect identified features;

3244

     11.  Reducing hurricane shelter deficits and evacuation

3245

times and implementing the adopted mitigation strategies; and

3246

     12.  Improving coordination between the local government and

3247

school board.

3248

     (h)  A commitment to change any land development regulations

3249

that restrict compact development and adopt alternative design

3250

codes that encourage desirable densities and intensities of use

3251

and patterns of compact development identified in the agreement.

3252

     (i)  A plan for increasing public participation in

3253

comprehensive planning and land use decisionmaking which includes

3254

outreach to neighborhood and civic associations through community

3255

planning initiatives.

3256

     (j)  A demonstration that the intergovernmental coordination

3257

element of the local government's comprehensive plan includes

3258

joint processes for coordination between the school board and

3259

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

3260

requirements of law.

3261

     (k)  A method of addressing the extrajurisdictional effects

3262

of development within the certified area, which is integrated by

3263

amendment into the intergovernmental coordination element of the

3264

local government comprehensive plan.

3265

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

3266

land planning agency department of plan amendments adopted during

3267

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

3268

terms and conditions of the certification agreement. Prior to the

3269

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

3270

public hearing soliciting public input on the progress of the

3271

local government in satisfying the terms of the certification

3272

agreement.

3273

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

3274

years after execution of the agreement.

3275

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

3276

agreements each fiscal year. The department shall adopt

3277

procedural rules governing the application and review of local

3278

government requests for certification. Such procedural rules may

3279

establish a phased schedule for review of local government

3280

requests for certification.

3281

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

3282

certification shall include the following components:

3283

     (a) The boundary of the certification area.

3284

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

3285

the schedule provided in the written notice. The monitoring

3286

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

3287

the comprehensive plan adopted by the local government, the

3288

number of plan amendments challenged by an affected person, and

3289

the disposition of those challenges.

3290

     (4) Notwithstanding any other subsections, the municipality

3291

of Freeport shall remain certified for as long as it is

3292

designated as a rural area of critical economic concern.

3293

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

3294

the state land planning agency review the developments of

3295

regional impact that are proposed within the certified area, an

3296

application for approval of a development order within the

3297

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

3298

subject to the following:

3299

     (a) Concurrent with filing an application for development

3300

approval with the local government, a developer proposing a

3301

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

3302

380.06 shall notify in writing the regional planning council that

3303

has jurisdiction.

3304

     (b) The regional planning council shall coordinate with the

3305

developer and the local government to ensure that all concurrency

3306

requirements as well as federal, state, and local environmental

3307

permit requirements are met.

3308

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

3309

revoke the local government's certification if it determines that

3310

the local government is not substantially complying with the

3311

terms of the agreement.

3312

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

3313

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

3314

alleging that a local government is not substantially complying

3315

with the terms of the agreement, using the procedures and

3316

timeframes for notice and conditions precedent described in s.

3317

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

3318

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

3319

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

3320

amendments associated with the area certified must be adopted and

3321

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

3322

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

3323

agency review is eliminated. The state land planning agency

3324

department may not issue any objections, recommendations, and

3325

comments report on proposed plan amendments or a notice of intent

3326

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

3327

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

3328

administrative review pursuant to the requirements of s.

3329

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

3330

amendment.

3331

     (b)  Plan amendments that change the boundaries of the

3332

certification area; propose a rural land stewardship area

3333

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

3334

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

3335

update a comprehensive plan based on an evaluation and appraisal

3336

report; impact lands outside the certification boundary;

3337

implement new statutory requirements that require specific

3338

comprehensive plan amendments; or increase hurricane evacuation

3339

times or the need for shelter capacity on lands within the

3340

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

3342

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

3343

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

3344

economic concern pursuant to s. 288.0656 which is located within

3345

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

3346

212.055(3) shall be considered certified during the effectiveness

3347

of the designation of rural area of critical economic concern.

3348

The state land planning agency shall provide a written notice of

3349

certification to the local government of the certified area,

3350

which shall be considered final agency action subject to

3351

challenge under s. 120.569. The notice of certification shall

3352

include the following components:

3353

     (a) The boundary of the certification area.

3354

     (b) A requirement that the local government submit either

3355

an annual or biennial monitoring report to the state land

3356

planning agency according to the schedule provided in the written

3357

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

3358

number of amendments to the comprehensive plan adopted by the

3359

local government, the number of plan amendments challenged by an

3360

affected person, and the disposition of those challenges.

3361

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

3362

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

3363

agency review the developments of regional impact that are

3364

proposed within the certified area, an application for approval

3365

of a development order within the certified area shall be exempt

3366

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

3367

     (a) Concurrent with filing an application for development

3368

approval with the local government, a developer proposing a

3369

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

3370

380.06 shall notify in writing the regional planning council with

3371

jurisdiction.

3372

     (b) The regional planning council shall coordinate with the

3373

developer and the local government to ensure that all concurrency

3374

requirements as well as federal, state, and local environmental

3375

permit requirements are met.

3376

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

3377

reviewed by the local government and the state land planning

3378

agency department as part of the evaluation and appraisal process

3379

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

3380

local government to update its comprehensive plan based on the

3381

evaluation and appraisal report, the state land planning agency

3382

department shall renew or revoke the certification. The local

3383

government's failure to adopt a timely evaluation and appraisal

3384

report, failure to adopt an evaluation and appraisal report found

3385

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

3386

an evaluation and appraisal report found to be in compliance by

3387

the state land planning agency department shall be cause for

3388

revoking the certification agreement. The state land planning

3389

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

3390

considered agency action subject to challenge under s. 120.569.

3391

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

3392

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

3393

the Speaker of the House of Representatives a report listing

3394

certified local governments, evaluating the effectiveness of the

3395

certification, and including any recommendations for legislative

3396

actions.

3397

     (14) The Office of Program Policy Analysis and Government

3398

Accountability shall prepare a report evaluating the

3399

certification program, which shall be submitted to the Governor,

3400

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

3401

Representatives by December 1, 2007.

3402

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

3403

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

3404

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

3405

and subsections (7) and (8) of section 163.32465, Florida

3406

Statutes, are amended to read:

3407

     163.32465  State review of local comprehensive plans in

3408

urban areas.--

3409

     (1)  LEGISLATIVE FINDINGS.--

3410

     (a)  The Legislature finds that local governments in this

3411

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

3412

and needs. The Legislature also finds that the needs and

3413

resources of urban areas are different from those of rural areas

3414

and that different planning and growth management approaches,

3415

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

3416

role in overseeing growth management should reflect this

3417

diversity and should vary based on local government conditions,

3418

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

3419

Therefore Thus, the Legislature recognizes and finds that reduced

3420

state oversight of local comprehensive planning is justified for

3421

some local governments in urban areas and for certain types of

3422

development.

3423

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

3424

urban areas require a reduced level of state oversight because of

3425

their high degree of urbanization and the planning capabilities

3426

and resources of many of their local governments. An alternative

3427

state review process that is adequate to protect issues of

3428

regional or statewide importance should be created for

3429

appropriate local governments in these areas and for certain

3430

types of development. Further, the Legislature finds that

3431

development, including urban infill and redevelopment, should be

3432

encouraged in these urban areas. The Legislature finds that an

3433

alternative process for amending local comprehensive plans in

3434

these areas should be established with an objective of

3435

streamlining the process and recognizing local responsibility and

3436

accountability.

3437

     (2)  ALTERNATIVE STATE REVIEW PROCESS PILOT

3438

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

3439

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

3440

Hialeah shall follow the an alternative state review process

3441

provided in this section. Municipalities within the pilot

3442

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

3443

not to participate in the pilot program. The alternative state

3444

review process shall also apply to:

3445

     (a) Future land use map amendments and associated special

3446

area policies within areas designated in a comprehensive plan for

3447

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

3448

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

3449

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

3450

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

3451

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

3452

     (b) Future land use map amendments within an area

3453

designated by the Governor as a rural area of critical economic

3454

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

3455

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

3456

government must obtain written certification from the Office of

3457

Tourism, Trade, and Economic Development that the plan amendment

3458

furthers the economic objectives set forth in the executive order

3459

issued under s. 288.0656(7).

3460

     (3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS

3461

UNDER THE PILOT PROGRAM.--

3462

     (a)  Plan amendments adopted by the pilot program

3463

jurisdictions shall follow the alternate, expedited process in

3464

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

3465

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

3466

     (b)  Amendments that qualify as small-scale development

3467

amendments may continue to be adopted by the pilot program

3468

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

3469

(3).

3470

     (c)  Plan amendments that propose a rural land stewardship

3471

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

3472

plan; update a comprehensive plan based on an evaluation and

3473

appraisal report; implement new statutory requirements not

3474

previously incorporated into a comprehensive plan; or new plans

3475

for newly incorporated municipalities are subject to state review

3476

as set forth in s. 163.3184.

3477

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

3478

frequency, voting, and timing requirements for plan amendments

3479

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

3480

stated in this section.

3481

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

3482

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

3483

program jurisdictions.

3484

     (f) All amendments adopted under this section must comply

3485

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

3486

     (4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR

3487

PILOT PROGRAM.--

3488

     (b)  The agencies and local governments specified in

3489

paragraph (a) may provide comments regarding the amendment or

3490

amendments to the local government. The regional planning council

3491

review and comment shall be limited to effects on regional

3492

resources or facilities identified in the strategic regional

3493

policy plan and extrajurisdictional impacts that would be

3494

inconsistent with the comprehensive plan of the affected local

3495

government. A regional planning council may shall not review and

3496

comment on a proposed comprehensive plan amendment prepared by

3497

such council unless the plan amendment has been changed by the

3498

local government subsequent to the preparation of the plan

3499

amendment by the regional planning council. County comments on

3500

municipal comprehensive plan amendments shall be primarily in the

3501

context of the relationship and effect of the proposed plan

3502

amendments on the county plan. Municipal comments on county plan

3503

amendments shall be primarily in the context of the relationship

3504

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

3505

comments may include technical guidance on issues of agency

3506

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

3507

comments must shall clearly identify issues that, if not

3508

resolved, may result in an agency challenge to the plan

3509

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

3510

encouraged to focus potential challenges on issues of regional or

3511

statewide importance. Agencies and local governments must

3512

transmit their comments to the affected local government, if

3513

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

3514

local government not later than thirty days from the date on

3515

which the state land planning agency notifies the affected local

3516

government that the plan amendment package is complete agency or

3517

government received the amendment or amendments. Any comments

3518

from the agencies and local governments must also be transmitted

3519

to the state land planning agency.

3520

     (5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT

3521

AREAS.--

3522

     (a)  The local government shall hold its second public

3523

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

3524

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

3525

the day the second advertisement is published pursuant to the

3526

requirements of chapter 125 or chapter 166. Adoption of

3527

comprehensive plan amendments must be by ordinance and requires

3528

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

3529

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

3530

and the amendment adopted within 120 days after receipt of the

3531

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

3532

government fails to adopt the plan amendment within the timeframe

3533

set forth in this subsection, the plan amendment is deemed

3534

abandoned and the plan amendment may not be considered until the

3535

next available amendment cycle pursuant to s. 163.3187.

3536

     (6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT

3537

PROGRAM.--

3538

     (g)  An amendment adopted under the expedited provisions of

3539

this section shall not become effective until completion of the

3540

time period available to the state land planning agency for

3541

administrative challenge under paragraph (a) 31 days after

3542

adoption. If timely challenged, an amendment shall not become

3543

effective until the state land planning agency or the

3544

Administration Commission enters a final order determining that

3545

the adopted amendment is to be in compliance.

3546

     (7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL

3547

GOVERNMENTS.--Local governments and specific areas that are have

3548

been designated for alternate review process pursuant to ss.

3549

163.3246 and 163.3184(17) and (18) are not subject to this

3550

section.

3551

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

3552

planning agency may adopt procedural Agencies shall not

3553

promulgate rules to administer implement this section pilot

3554

program.

3555

     Section 14.  Subsection (8) of section 163.340, Florida

3556

Statutes, is amended to read:

3557

     163.340  Definitions.--The following terms, wherever used or

3558

referred to in this part, have the following meanings:

3559

     (8)  "Blighted area" means an area in which there are a

3560

substantial number of deteriorated, or deteriorating structures,

3561

in which conditions, as indicated by government-maintained

3562

statistics or other studies, are leading to economic distress or

3563

endanger life or property, and in which two or more of the

3564

following factors are present:

3565

     (a)  Predominance of defective or inadequate street layout,

3566

parking facilities, roadways, bridges, or public transportation

3567

facilities;

3568

     (b)  Aggregate assessed values of real property in the area

3569

for ad valorem tax purposes have failed to show any appreciable

3570

increase over the 5 years prior to the finding of such

3571

conditions;

3572

     (c)  Faulty lot layout in relation to size, adequacy,

3573

accessibility, or usefulness;

3574

     (d)  Unsanitary or unsafe conditions;

3575

     (e)  Deterioration of site or other improvements;

3576

     (f)  Inadequate and outdated building density patterns;

3577

     (g)  Falling lease rates per square foot of office,

3578

commercial, or industrial space compared to the remainder of the

3579

county or municipality;

3580

     (h)  Tax or special assessment delinquency exceeding the

3581

fair value of the land;

3582

     (i)  Residential and commercial vacancy rates higher in the

3583

area than in the remainder of the county or municipality;

3584

     (j)  Incidence of crime in the area higher than in the

3585

remainder of the county or municipality;

3586

     (k)  Fire and emergency medical service calls to the area

3587

proportionately higher than in the remainder of the county or

3588

municipality;

3589

     (l)  A greater number of violations of the Florida Building

3590

Code in the area than the number of violations recorded in the

3591

remainder of the county or municipality;

3592

     (m)  Diversity of ownership or defective or unusual

3593

conditions of title which prevent the free alienability of land

3594

within the deteriorated or hazardous area; or

3595

     (n)  Governmentally owned property with adverse

3596

environmental conditions caused by a public or private entity.

3597

3598

However, the term "blighted area" also means any area in which at

3599

least one of the factors identified in paragraphs (a) through (n)

3600

are present and all taxing authorities subject to s.

3601

163.387(2)(a) agree, either by interlocal agreement or agreements

3602

with the agency or by resolution, that the area is blighted, or

3603

that the area was previously used as a military facility, is

3604

undeveloped, and consists of land that the Federal Government

3605

declared surplus within the preceding 20 years, not including any

3606

such area which is currently being used by the military in either

3607

an Active-Duty, Reserve or National Guard capacity. Such

3608

agreement or resolution shall only determine that the area is

3609

blighted. For purposes of qualifying for the tax credits

3610

authorized in chapter 220, "blighted area" means an area as

3611

defined in this subsection.

3612

     Section 15.  Section 166.0451, Florida Statutes, is

3613

renumbered as section 163.32432, Florida Statutes, and amended to

3614

read:

3615

     163.32432 166.0451 Disposition of municipal property for

3616

affordable housing.--

3617

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

3618

municipality shall prepare an inventory list of all real property

3619

within its jurisdiction to which the municipality holds fee

3620

simple title that is appropriate for use as affordable housing.

3621

The inventory list must include the address and legal description

3622

of each such property and specify whether the property is vacant

3623

or improved. The governing body of the municipality must review

3624

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

3625

conclusion of the public hearing. Following the public hearing,

3626

the governing body of the municipality shall adopt a resolution

3627

that includes an inventory list of such property.

3628

     (2)  The properties identified as appropriate for use as

3629

affordable housing on the inventory list adopted by the

3630

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

3631

to purchase land for the development of affordable housing or to

3632

increase the local government fund earmarked for affordable

3633

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

3634

development of the property as permanent affordable housing, or

3635

may be donated to a nonprofit housing organization for the

3636

construction of permanent affordable housing. Alternatively, the

3637

municipality may otherwise make the property available for use

3638

for the production and preservation of permanent affordable

3639

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

3640

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

3641

     (3) As a precondition to receiving any state affordable

3642

housing funding or allocation for any project or program within

3643

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

3644

of each year, provide certification that the inventory and any

3645

update required by this section is complete.

3646

     Section 16.  Paragraph (c) of subsection (6) of section

3647

253.034, Florida Statutes, is amended, and paragraph (d) is added

3648

to subsection (8) of that section, to read:

3649

     253.034  State-owned lands; uses.--

3650

     (6)  The Board of Trustees of the Internal Improvement Trust

3651

Fund shall determine which lands, the title to which is vested in

3652

the board, may be surplused. For conservation lands, the board

3653

shall make a determination that the lands are no longer needed

3654

for conservation purposes and may dispose of them by an

3655

affirmative vote of at least three members. In the case of a land

3656

exchange involving the disposition of conservation lands, the

3657

board must determine by an affirmative vote of at least three

3658

members that the exchange will result in a net positive

3659

conservation benefit. For all other lands, the board shall make a

3660

determination that the lands are no longer needed and may dispose

3661

of them by an affirmative vote of at least three members.

3662

     (c) At least every 5 10 years, as a component of each land

3663

management plan or land use plan and in a form and manner

3664

prescribed by rule by the board, each manager shall evaluate and

3665

indicate to the board those lands that are not being used for the

3666

purpose for which they were originally leased. For conservation

3667

lands, the council shall review and shall recommend to the board

3668

whether such lands should be retained in public ownership or

3669

disposed of by the board. For nonconservation lands, the division

3670

shall review such lands and shall recommend to the board whether

3671

such lands should be retained in public ownership or disposed of

3672

by the board.

3673

     (8)

3674

     (d) Beginning December 1, 2008, the Division of State Lands

3675

shall annually submit to the President of the Senate and the

3676

Speaker of the House of Representatives a copy of the state

3677

inventory that identifies all nonconservation lands, including

3678

lands that meet the surplus requirements of subsection (6) and

3679

lands purchased by the state, a state agency, or a water

3680

management district which are not essential or necessary for

3681

conservation purposes. The division shall also publish a copy of

3682

the annual inventory on its website and notify by electronic mail

3683

the executive head of the governing body of each local government

3684

that has lands in the inventory within its jurisdiction.

3685

     Section 17.  Subsection (5) and paragraph (d) of subsection

3686

(12) of section 288.975, Florida Statutes, are amended to read:

3687

     288.975  Military base reuse plans.--

3688

     (5)  At the discretion of the host local government, the

3689

provisions of this act may be complied with through the adoption

3690

of the military base reuse plan as a separate component of the

3691

local government comprehensive plan or through simultaneous

3692

amendments to all pertinent portions of the local government

3693

comprehensive plan. Once adopted and approved in accordance with

3694

this section, the military base reuse plan shall be considered to

3695

be part of the host local government's comprehensive plan and

3696

shall be thereafter implemented, amended, and reviewed in

3697

accordance with the provisions of part II of chapter 163. Local

3698

government comprehensive plan amendments necessary to initially

3699

adopt the military base reuse plan shall be exempt from the

3700

limitation on the frequency of plan amendments contained in s.

3701

163.3187(2).

3702

     (12)  Following receipt of a petition, the petitioning party

3703

or parties and the host local government shall seek resolution of

3704

the issues in dispute. The issues in dispute shall be resolved as

3705

follows:

3706

     (d)  Within 45 days after receiving the report from the

3707

state land planning agency, the Administration Commission shall

3708

take action to resolve the issues in dispute. In deciding upon a

3709

proper resolution, the Administration Commission shall consider

3710

the nature of the issues in dispute, any requests for a formal

3711

administrative hearing pursuant to chapter 120, the compliance of

3712

the parties with this section, the extent of the conflict between

3713

the parties, the comparative hardships and the public interest

3714

involved. If the Administration Commission incorporates in its

3715

final order a term or condition that requires any local

3716

government to amend its local government comprehensive plan, the

3717

local government shall amend its plan within 60 days after the

3718

issuance of the order. Such amendment or amendments shall be

3719

exempt from the limitation of the frequency of plan amendments

3720

contained in s. 163.3187(2), and A public hearing on such

3721

amendment or amendments pursuant to s. 163.3184(15)(b)1. is shall

3722

not be required. The final order of the Administration Commission

3723

is subject to appeal pursuant to s. 120.68. If the order of the

3724

Administration Commission is appealed, the time for the local

3725

government to amend its plan is shall be tolled during the

3726

pendency of any local, state, or federal administrative or

3727

judicial proceeding relating to the military base reuse plan.

3728

     Section 18.  Paragraph (c) of subsection (19) and paragraph

3729

(l) of subsection (24) of section 380.06, Florida Statutes, are

3730

amended, and paragraph (v) is added to subsection (24) of that

3731

section, to read:

3732

     380.06  Developments of regional impact.--

3733

     (19)  SUBSTANTIAL DEVIATIONS.--

3734

     (c)  An extension of the date of buildout of a development,

3735

or any phase thereof, by more than 7 years is presumed to create

3736

a substantial deviation subject to further development-of-

3737

regional-impact review. An extension of the date of buildout, or

3738

any phase thereof, of more than 5 years but not more than 7 years

3739

is presumed not to create a substantial deviation. The extension

3740

of the date of buildout of an areawide development of regional

3741

impact by more than 5 years but less than 10 years is presumed

3742

not to create a substantial deviation. These presumptions may be

3743

rebutted by clear and convincing evidence at the public hearing

3744

held by the local government. An extension of 5 years or less is

3745

not a substantial deviation. For the purpose of calculating when

3746

a buildout or phase date has been exceeded, the time shall be

3747

tolled during the pendency of administrative or judicial

3748

proceedings relating to development permits. Any extension of the

3749

buildout date of a project or a phase thereof shall automatically

3750

extend the commencement date of the project, the termination date

3751

of the development order, the expiration date of the development

3752

of regional impact, and the phases thereof if applicable by a

3753

like period of time. In recognition of the 2007 real estate

3754

market conditions, all development order, phase, buildout,

3755

commencement, and expiration dates, and all related local

3756

government approvals, for projects that are developments of

3757

regional impact or Florida Quality Developments and under active

3758

construction on July 1, 2007, or for which a development order

3759

was adopted after January 1, 2006, regardless of whether active

3760

construction has commenced are extended for 3 years regardless of

3761

any prior extension. The 3-year extension is not a substantial

3762

deviation, is not subject to further development-of-regional-

3763

impact review, and may not be considered when determining whether

3764

a subsequent extension is a substantial deviation under this

3765

subsection. This extension also applies to all associated local

3766

government approvals including, but not limited to, agreements,

3767

certificates, and permits related to the project.

3768

     (24)  STATUTORY EXEMPTIONS.--

3769

     (l)  Any proposed development within an urban service

3770

boundary established as part of a local comprehensive plan under

3771

s. 163.3187 s. 163.3177(14) is exempt from the provisions of this

3772

section if the local government having jurisdiction over the area

3773

where the development is proposed has adopted the urban service

3774

boundary, has entered into a binding agreement with jurisdictions

3775

that would be impacted and with the Department of Transportation

3776

regarding the mitigation of impacts on state and regional

3777

transportation facilities, and has adopted a proportionate share

3778

methodology pursuant to s. 163.3180(16).

3779

     (v) Any proposed development of up to an additional 150

3780

percent of the office development threshold located within 5

3781

miles of a state-sponsored biotechnical research facility is

3782

exempt from this section.

3783

3784

If a use is exempt from review as a development of regional

3785

impact under paragraphs (a)-(t) or paragraph (v), but will be

3786

part of a larger project that is subject to review as a

3787

development of regional impact, the impact of the exempt use must

3788

be included in the review of the larger project.

3789

     Section 19.  Paragraph (h) of subsection (3) of section

3790

380.0651, Florida Statutes, is amended to read:

3791

     380.0651  Statewide guidelines and standards.--

3792

     (3)  The following statewide guidelines and standards shall

3793

be applied in the manner described in s. 380.06(2) to determine

3794

whether the following developments shall be required to undergo

3795

development-of-regional-impact review:

3796

     (h)  Multiuse development.--Any proposed development with

3797

two or more land uses where the sum of the percentages of the

3798

appropriate thresholds identified in chapter 28-24, Florida

3799

Administrative Code, or this section for each land use in the

3800

development is equal to or greater than 145 percent. Any proposed

3801

development with three or more land uses, one of which is

3802

residential and contains at least 100 dwelling units or 15

3803

percent of the applicable residential threshold, whichever is

3804

greater, where the sum of the percentages of the appropriate

3805

thresholds identified in chapter 28-24, Florida Administrative

3806

Code, or this section for each land use in the development is

3807

equal to or greater than 160 percent. This threshold is in

3808

addition to, and does not preclude, a development from being

3809

required to undergo development-of-regional-impact review under

3810

any other threshold. This threshold does not apply to

3811

developments within 5 miles of a state-sponsored biotechnical

3812

facility.

3813

     Section 20.  Paragraph (c) of subsection (18) of section

3814

1002.33, Florida Statutes, is amended to read:

3815

     1002.33  Charter schools.--

3816

     (18)  FACILITIES.--

3817

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

3818

charter school whose charter has been approved by the sponsor and

3819

the governing board, pursuant to subsection (7), is shall be

3820

exempt from ad valorem taxes pursuant to s. 196.1983. Library,

3821

community service, museum, performing arts, theatre, cinema,

3822

church, community college, college, and university facilities may

3823

provide space to charter schools within their facilities if such

3824

use is consistent with the local comprehensive plan and

3825

applicable land development regulations under their preexisting

3826

zoning and land use designations. No expansion of the facilities

3827

shall be allowed to accommodate a charter school unless the

3828

expansion would be in compliance with the local comprehensive

3829

plan and applicable land development regulations.

3830

     Section 21.  Section 1011.775, Florida Statutes, is created

3831

to read:

3832

     1011.775 Disposition of district school board property for

3833

affordable housing.--

3834

     (1) On or before July 1, 2009, and every 3 years

3835

thereafter, each district school board shall prepare an inventory

3836

list of all real property within its jurisdiction to which the

3837

district holds fee simple title and which is not included in the

3838

5-year district facilities work plan. The inventory list must

3839

include the address and legal description of each such property

3840

and specify whether the property is vacant or improved. The

3841

district school board must review the inventory list at a public

3842

meeting and determine if any property is surplus property and

3843

appropriate for affordable housing. For real property that is not

3844

included in the 5-year district facilities work plan and that is

3845

not determined appropriate to be surplus property for affordable

3846

housing, the board shall state in the inventory list the public

3847

purpose for which the board intends to use the property. The

3848

board may revise the list at the conclusion of the public

3849

meeting. Following the public meeting, the district school board

3850

shall adopt a resolution that includes the inventory list.

3851

     (2) Notwithstanding ss. 1013.28 and 1002.33(18)(e), the

3852

properties identified as appropriate for use as affordable

3853

housing on the inventory list adopted by the district school

3854

board may be offered for sale and the proceeds may be used to

3855

purchase land for the development of affordable housing or to

3856

increase the local government fund earmarked for affordable

3857

housing, sold with a restriction that requires the development of

3858

the property as permanent affordable housing, or donated to a

3859

nonprofit housing organization for the construction of permanent

3860

affordable housing. Alternatively, the district school board may

3861

otherwise make the property available for the production and