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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB 474

223482

CHAMBER ACTION

Senate

Floor: 2/AD/2R

5/2/2008 2:08 PM

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House



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Senator Garcia moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 1115-3943

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and insert:

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     Section 7.  Paragraph (d) of subsection (3) of section

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163.31801, Florida Statutes, is amended to read:

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     163.31801  Impact fees; short title; intent; definitions;

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ordinances levying impact fees.--

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

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municipality or by resolution of a special district must, at

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minimum:

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

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before the effective date of an ordinance or resolution imposing

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

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under this paragraph if an impact fee is decreased or eliminated.

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     Section 8.  Subsections (3) and (4), paragraphs (a) and (d)

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

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

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

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     163.3184  Process for adoption of comprehensive plan or plan

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amendment.--

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     (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

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AMENDMENT.--

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

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

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conduct a neighborhood meeting to present, discuss, and solicit

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public comment on the proposed amendment. Such meeting shall be

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

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application for the amendment is filed with the local government.

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

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accordance with each of the following requirements:

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     1. Notice of the meeting shall be:

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

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the date of the meeting to all property owners owning property

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within 500 feet of the property subject to the proposed

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amendment, according to information maintained by the county tax

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assessor. Such information shall conclusively establish the

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required recipients;

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

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

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

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

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condominium associations maintained by the jurisdiction, if any.

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     2. The meeting shall be conducted at an accessible and

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convenient location.

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

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maintained.

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An application for a future land use map amendment that is

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subject to this paragraph shall include a written certification

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or verification that the first meeting has been noticed and

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conducted in accordance with this section.

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

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local governing body's scheduled adoption hearing, the applicant

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for a future land use map amendment that applies to 50 acres or

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more shall conduct a second noticed community or neighborhood

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meeting for the purpose of presenting and discussing the map

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amendment application, including any changes made to the proposed

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amendment following the first community or neighborhood meeting.

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

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days before the meeting is required only for persons who signed

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in at the preapplication meeting and persons whose names are on

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the sign-in sheet from the transmittal hearing conducted pursuant

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

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

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

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shall file with the local government a written certification or

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verification that the second meeting has been noticed and

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conducted in accordance with this section.

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

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amendment that applies to more than 10 acres but less than 50

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acres, the applicant must conduct a community or neighborhood

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meeting in compliance with paragraph (a). An application for a

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future land use map amendment that is subject to this paragraph

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shall include a written certification or verification that the

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first meeting has been noticed and conducted in accordance with

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this section. At least 15 days but no more than 45 days before

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the local governing body's scheduled adoption hearing, the

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applicant for a future land use map amendment that applies to

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more than 10 but less than 50 acres is encouraged to hold a

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second meeting using the provisions in paragraph (b).

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     (d) The requirement for neighborhood meetings as provided

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

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

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ordinance, adopts a procedure for holding a neighborhood meeting

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

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more than one such meeting be required.

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

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complete proposed comprehensive plan or plan amendment to the

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state land planning agency, the appropriate regional planning

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council and water management district, the Department of

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Environmental Protection, the Department of State, and the

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Department of Transportation, and, in the case of municipal

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

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plans, to the Fish and Wildlife Conservation Commission and the

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Department of Agriculture and Consumer Services, immediately

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following a public hearing pursuant to subsection (15) as

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

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The local governing body shall also transmit a copy of the

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complete proposed comprehensive plan or plan amendment to any

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other unit of local government or government agency in the state

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

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

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

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the time of the transmittal of an amendment.

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

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

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all state agencies designated by the state land planning agency a

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complete copy of its adopted comprehensive plan pursuant to

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

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In the case of comprehensive plan amendments, the local governing

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body shall transmit to the state land planning agency, the

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appropriate regional planning council and water management

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district, the Department of Environmental Protection, the

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

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

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

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Commission and the Department of Agriculture and Consumer

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Services the materials specified in the state land planning

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

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amendment is a result of an evaluation and appraisal report

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

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appraisal report. Local governing bodies shall consolidate all

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proposed plan amendments into a single submission for each of the

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two plan amendment adoption dates during the calendar year

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pursuant to s. 163.3187.

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

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amendment previously transmitted pursuant to this subsection,

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unless review is requested or otherwise initiated pursuant to

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subsection (6).

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

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multiple individual amendments that can be clearly and legally

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separated and distinguished for the purpose of determining

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whether to review the proposed amendment, and the state land

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planning agency elects to review several or a portion of the

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amendments and the local government chooses to immediately adopt

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the remaining amendments not reviewed, the amendments immediately

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adopted and any reviewed amendments that the local government

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subsequently adopts together constitute one amendment cycle in

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accordance with s. 163.3187(1).

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

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filed after January 1, 2009.

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     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies

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

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land planning agency within 30 days after receipt by the state

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land planning agency of the complete proposed plan amendment. If

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the plan or plan amendment includes or relates to the public

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

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land planning agency shall submit a copy to the Office of

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Educational Facilities of the Commissioner of Education for

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review and comment. The appropriate regional planning council

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shall also provide its written comments to the state land

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

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planning agency of the complete proposed plan amendment and shall

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specify any objections, recommendations for modifications, and

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comments of any other regional agencies to which the regional

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planning council may have referred the proposed plan amendment.

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Written comments submitted by the public within 30 days after

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notice of transmittal by the local government of the proposed

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plan amendment will be considered as if submitted by governmental

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agencies. All written agency and public comments must be made

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part of the file maintained under subsection (2).

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     (6)  STATE LAND PLANNING AGENCY REVIEW.--

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

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plan amendment upon request of a regional planning council,

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affected person, or local government transmitting the plan

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amendment. The request from the regional planning council or

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affected person must be received within 45 30 days after

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transmittal of the proposed plan amendment pursuant to subsection

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

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

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

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other person who has requested notice.

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     (d)  The state land planning agency review shall identify

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all written communications with the agency regarding the proposed

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

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

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government all written communications received 45 30 days after

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transmittal. The written identification must include a list of

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all documents received or generated by the agency, which list

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must be of sufficient specificity to enable the documents to be

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

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person to be contacted to request copies of any identified

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

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records of the state land planning agency.

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

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OR AMENDMENTS AND TRANSMITTAL.--

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     (a)  The local government shall review the written comments

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

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

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

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

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proceeding in which the comprehensive plan or plan amendment may

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

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

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

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

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

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

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

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the amendment. The adoption of the proposed plan or plan

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amendment or the determination not to adopt a plan amendment,

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

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

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

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comprehensive plan or plan amendment within the period set forth

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

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abandoned and may not be considered until the next available

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amendment cycle pursuant to this section and s. 163.3187.

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However, if the applicant or local government, before the

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

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planning agency that the applicant is proceeding in good faith to

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address the items raised in the agency report issued pursuant to

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

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163.32465(4), and such certification specifically identifies the

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items being addressed, the state land planning agency may grant

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

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following the date of the issuance of the agency report or

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comments if the request is justified by good and sufficient cause

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

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the applicant shall file with the local government and state land

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planning agency a status report every 60 days specifically

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identifying the items being addressed and the manner in which

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such items are being addressed. The local government shall

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transmit the complete adopted comprehensive plan or plan

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amendment, including the names and addresses of persons compiled

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

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

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days after adoption. The local governing body shall also transmit

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

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regional planning agency and to any other unit of local

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government or governmental agency in the state that has filed a

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

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plan amendment.

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     (15)  PUBLIC HEARINGS.--

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

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advertised public hearings on the proposed comprehensive plan or

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plan amendment as follows:

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     1.  The first public hearing shall be held at the

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

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

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advertisement is published.

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

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

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

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published. The comprehensive plan or plan amendment to be

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considered for adoption must be available to the public at least

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

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

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government's website if one is maintained. The proposed

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comprehensive plan amendment may not be altered during the 5 days

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before the hearing if such alteration increases the permissible

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

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

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

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public hearing shall be continued to the next meeting of the

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

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government shall certify in writing to the state land planning

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agency that it has complied with this subsection.

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

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the transmittal hearing and at the adoption hearing for persons

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

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

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information will receive a courtesy informational statement

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concerning publications of the state land planning agency's

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

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form the name and address of any person who submits written

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comments concerning the proposed plan or plan amendment during

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the time period between the commencement of the transmittal

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

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responsibility of the person completing the form or providing

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written comments to accurately, completely, and legibly provide

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all information needed in order to receive the courtesy

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informational statement.

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     (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN

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

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

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may adopt a plan amendment related to map amendments solely to

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property within an urban service boundary in the manner described

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

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

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regional agency review is eliminated. The department may not

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issue an objections, recommendations, and comments report on

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proposed plan amendments or a notice of intent on adopted plan

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amendments; however, affected persons, as defined by paragraph

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

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

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

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

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amendment that increases residential densities allowable in high-

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

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

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government's comprehensive plan. Amendments submitted under this

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subsection are exempt from the limitation on the frequency of

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plan amendments in s. 163.3187.

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

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municipality that has a designated urban infill and redevelopment

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

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amendments solely to property within a designated urban infill

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and redevelopment area in the manner described in subsections

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

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

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eliminated. The department may not issue an objections,

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recommendations, and comments report on proposed plan amendments

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

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

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petition for administrative review pursuant to the requirements

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

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plan amendment. This subsection does not apply to any amendment

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

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increases residential densities allowable in high-hazard coastal

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

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

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comprehensive plan. Amendments submitted under this subsection

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are exempt from the limitation on the frequency of plan

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amendments in s. 163.3187.

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

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local government that identifies in its comprehensive plan the

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types of housing developments and conditions for which it will

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consider plan amendments that are consistent with the local

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housing incentive strategies identified in s. 420.9076 and

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authorized by the local government may expedite consideration of

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

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plan amendment pursuant to this subsection, the local government

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shall notify the state land planning agency of its intent to

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

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government's evaluation of site suitability and availability of

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facilities and services. A plan amendment considered under this

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subsection shall require only a single public hearing before the

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local governing body, which shall be a plan amendment adoption

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

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

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statement that the local government intends to use the expedited

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adoption process authorized under this subsection. The state land

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planning agency shall issue its notice of intent required under

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subsection (8) within 30 days after determining that the

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amendment package is complete. Any further proceedings shall be

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governed by subsections (9)-(16).

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     Section 9.  Section 163.3187, Florida Statutes, is amended

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to read:

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     163.3187  Amendment of adopted comprehensive plan.--

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     (1)(a)1. Amendments to comprehensive plans applying to

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lands within an area designated in the plan as an urban service

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area under s. 163.3180(5)(b)2.e. may be transmitted and adopted

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not more than two times during any calendar year. Until such time

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as an urban service area has been adopted into the comprehensive

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plan and takes effect, a local government may transmit and adopt

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comprehensive plan amendments only once per calendar year. A

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local government that has adopted an urban service area before

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July 1, 2008, which meets the requirements of s.

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163.3180(5)(b)2.e., shall secure a determination from the state

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land planning agency that the urban service area meets the

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requirements of s. 163.3180(5)(b)2.e. based on data and analysis

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submitted by the local government to support this determination.

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The determination by the state land planning agency is not

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subject to administrative challenge.

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     2. Amendments to comprehensive plans applying to lands

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outside an area designated in the plan as an urban service area

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under s. 163.3180(5)(b)2.e. adopted pursuant to this part may be

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transmitted and adopted made not more than once two times during

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any calendar year., except:

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

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government at any time during a calendar year without regard for

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the frequency restrictions set forth in this subsection:

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     1. Any local government comprehensive plan In the case of

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an emergency, comprehensive plan amendments may be made more

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often than twice during the calendar year if the additional plan

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amendment enacted in case of emergency which receives the

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

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means any occurrence or threat thereof whether accidental or

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

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may result in substantial injury or harm to the population or

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substantial damage to or loss of property or public funds.

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     2.(b) Any local government comprehensive plan amendments

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directly related to a proposed development of regional impact,

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including changes which have been determined to be substantial

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deviations and including Florida Quality Developments pursuant to

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

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

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application for development approval using the procedures

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provided for local plan amendment in this section and applicable

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local ordinances, without regard to statutory or local ordinance

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limits on the frequency of consideration of amendments to the

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local comprehensive plan. Nothing in this subsection shall be

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deemed to require favorable consideration of a plan amendment

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

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     3.(c) Any Local government comprehensive plan amendments

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directly related to proposed small scale development activities

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may be approved without regard to statutory limits on the

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frequency of consideration of amendments to the local

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comprehensive plan. A small scale development amendment may be

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adopted only under the following conditions:

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

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fewer and:

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

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small scale development amendments adopted by the local

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government shall not exceed:

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

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contains areas specifically designated in the local comprehensive

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plan for urban infill, urban redevelopment, or downtown

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revitalization as defined in s. 163.3164, urban infill and

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redevelopment areas designated under s. 163.2517, transportation

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

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or regional activity centers and urban central business districts

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

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this subparagraph paragraph may be applied to no more than 60

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acres annually of property outside the designated areas listed in

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

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

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acreage limitations for small scale amendments under this

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paragraph.

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

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

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

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

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

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

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property granted a change within the prior 12 months.

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

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

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within the prior 12 months.

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

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

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

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

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development activity.

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

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amendment is not located within an area of critical state

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concern, unless the project subject to the proposed amendment

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involves the construction of affordable housing units meeting the

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

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critical state concern designated by s. 380.0552 or by the

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

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

437

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

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state land planning agency for consistency with the principles

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for guiding development applicable to the area of critical state

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concern where the amendment is located and is shall not become

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

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

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

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

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maximum residential density of the same or less than the maximum

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residential density allowable under the existing future land use

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category, except that this limitation does not apply to small

448

scale amendments involving the construction of affordable housing

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

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

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

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

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comprehensive plan for urban infill, urban redevelopment, or

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downtown revitalization as defined in s. 163.3164, urban infill

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and redevelopment areas designated under s. 163.2517,

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transportation concurrency exception areas approved pursuant to

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

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

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

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plan amendment pursuant to this subparagraph paragraph is not

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required to comply with the procedures and public notice

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

463

the local government complies with the provisions in s.

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

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municipality. If a request for a plan amendment under this

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subparagraph paragraph is initiated by other than the local

467

government, public notice is required.

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

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and amendment to the state land planning agency, the regional

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planning council, and any other person or entity requesting a

471

copy. This information shall also include a statement identifying

472

any property subject to the amendment that is located within a

473

coastal high-hazard area as identified in the local comprehensive

474

plan.

475

     c.3. Small scale development amendments adopted pursuant to

476

this subparagraph paragraph require only one public hearing

477

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

478

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

479

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

480

elects to have them subject to those requirements.

481

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

482

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

483

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

484

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

485

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

486

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

487

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

488

Economic Development that the plan amendment furthers the

489

economic objectives set forth in the executive order issued under

490

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

491

shall undergo public review to ensure that all concurrency

492

requirements and federal, state, and local environmental permit

493

requirements are met.

494

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

495

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

496

without regard to statutory limits on the frequency of adoption

497

of amendments to the comprehensive plan.

498

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

499

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

500

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

501

amendments.

502

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

503

schedule in the capital improvements element, and any amendments

504

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

505

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

506

subsection when necessary to coincide with the adoption of the

507

local government's budget and capital improvements program.

508

     (g) Any local government comprehensive plan amendments

509

directly related to proposed redevelopment of brownfield areas

510

designated under s. 376.80 may be approved without regard to

511

statutory limits on the frequency of consideration of amendments

512

to the local comprehensive plan.

513

     6.(h) Any comprehensive plan amendments for port

514

transportation facilities and projects that are eligible for

515

funding by the Florida Seaport Transportation and Economic

516

Development Council pursuant to s. 311.07.

517

     (i) A comprehensive plan amendment for the purpose of

518

designating an urban infill and redevelopment area under s.

519

163.2517 may be approved without regard to the statutory limits

520

on the frequency of amendments to the comprehensive plan.

521

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

522

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

523

not limited to, adoption of a public school facilities element

524

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

525

capital improvements element and intergovernmental coordination

526

element. In order to ensure the consistency of local government

527

public school facilities elements within a county, such elements

528

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

529

     (k) A local comprehensive plan amendment directly related

530

to providing transportation improvements to enhance life safety

531

on Controlled Access Major Arterial Highways identified in the

532

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

533

125.011, where such roadways have a high incidence of traffic

534

accidents resulting in serious injury or death. Any such

535

amendment shall not include any amendment modifying the

536

designation on a comprehensive development plan land use map nor

537

any amendment modifying the allowable densities or intensities of

538

any land.

539

     (l) A comprehensive plan amendment to adopt a public

540

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

541

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

542

notwithstanding statutory limits on the frequency of adopting

543

plan amendments.

544

     (m) A comprehensive plan amendment that addresses criteria

545

or compatibility of land uses adjacent to or in close proximity

546

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

547

element does not count toward the limitation on the frequency of

548

the plan amendments.

549

     (n) Any local government comprehensive plan amendment

550

establishing or implementing a rural land stewardship area

551

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

552

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

553

area designated by the Governor as a rural area of critical

554

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

555

development objectives may be approved without regard to the

556

statutory limits on the frequency of adoption of amendments to

557

the comprehensive plan.

558

     (p) Any local government comprehensive plan amendment that

559

is consistent with the local housing incentive strategies

560

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

561

     8. Any local government comprehensive plan amendment

562

adopted pursuant to a final order issued by the Administration

563

Commission or the Florida Land and Water Adjudicatory Commission.

564

     9. A future land use map amendment within an area

565

designated by the Governor as a rural area of critical economic

566

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

567

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

568

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

569

Economic Development written certification that the plan

570

amendment furthers the economic objectives set forth in the

571

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

572

to the plan amendment is subject to all concurrency requirements

573

and federal, state, and local environmental permit requirements.

574

     10. Any local government comprehensive plan amendment

575

establishing or implementing a rural land stewardship area

576

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

577

pursuant to the provisions of s. 163.3245.

578

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

579

as to preserve the internal consistency of the plan pursuant to

580

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

581

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

582

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

583

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

584

issue a notice of intent for small scale development amendments

585

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

586

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

587

of Administrative Hearings pursuant to ss. 120.569 and 120.57 to

588

request a hearing to challenge the compliance of a small scale

589

development amendment with this act within 30 days following the

590

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

591

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

592

to the state land planning agency. An administrative law judge

593

shall hold a hearing in the affected jurisdiction not less than

594

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

595

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

596

a hearing held pursuant to this subsection shall be the

597

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

598

proceeding, the local government's determination that the small

599

scale development amendment is in compliance is presumed to be

600

correct. The local government's determination shall be sustained

601

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

602

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

603

In any proceeding initiated pursuant to this subsection, the

604

state land planning agency may intervene.

605

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

606

small scale development amendment be found not in compliance, the

607

administrative law judge shall submit the recommended order to

608

the Administration Commission for final agency action. If the

609

administrative law judge recommends that the small scale

610

development amendment be found in compliance, the administrative

611

law judge shall submit the recommended order to the state land

612

planning agency.

613

     2.  If the state land planning agency determines that the

614

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

615

within 30 days following its receipt, the recommended order to

616

the Administration Commission for final agency action. If the

617

state land planning agency determines that the plan amendment is

618

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

619

days following its receipt of the recommended order.

620

     (c)  Small scale development amendments shall not become

621

effective until 31 days after adoption. If challenged within 30

622

days after adoption, small scale development amendments shall not

623

become effective until the state land planning agency or the

624

Administration Commission, respectively, issues a final order

625

determining that the adopted small scale development amendment is

626

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

627

effective until it has been rendered to the state land planning

628

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

629

state land planning agency has certified to the local government

630

in writing that the amendment qualifies as a small-scale

631

amendment.

632

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

633

planning agency a current copy of its comprehensive plan not

634

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

635

transmit copies of any amendments it adopts to its comprehensive

636

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

637

land planning agency.

638

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

639

limit the authority of local governments to require that a person

640

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

641

notice.

642

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

643

comprehensive plan after the date established by the state land

644

planning agency for adoption of its evaluation and appraisal

645

report unless it has submitted its report or addendum to the

646

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

647

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

648

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

649

     (b)  A local government may amend its comprehensive plan

650

after it has submitted its adopted evaluation and appraisal

651

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

652

of sufficiency regardless of whether the report has been

653

determined to be insufficient.

654

     (c)  A local government may not amend its comprehensive

655

plan, except for plan amendments described in subparagraph

656

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

657

sufficiency determination of the report has expired and the

658

report has not been determined to be sufficient.

659

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

660

the report has sufficiently addressed all pertinent provisions of

661

s. 163.3191, the local government may amend its comprehensive

662

plan without the limitations imposed by paragraph (a) or

663

paragraph (c).

664

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

665

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

666

but such invalidity may be overcome if the local government

667

readopts the amendment and transmits the amendment to the state

668

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

669

is determined to be sufficient.

670

     Section 10.  Section 163.3245, Florida Statutes, is amended

671

to read:

672

     163.3245  Optional sector plans.--

673

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

674

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

675

detailed planning for specific areas, as a demonstration project,

676

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

677

this section for up to five local governments or combinations of

678

local governments may which adopt into their the comprehensive

679

plans plan an optional sector plan in accordance with this

680

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

681

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

682

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

683

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

684

the level of data and analysis required for a development of

685

regional impact, while ensuring the adequate mitigation of

686

impacts to applicable regional resources and facilities,

687

including those within the jurisdiction of other local

688

governments, as would otherwise be provided. Optional sector

689

plans are intended for substantial geographic areas that include

690

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

691

local governmental jurisdictions and are to emphasize urban form

692

and protection of regionally significant resources and

693

facilities. The state land planning agency may approve optional

694

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

695

circumstances if it is determined that the plan would further the

696

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

697

an optional sector plan is authorized by agreement between the

698

state land planning agency and the applicable local governments

699

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

700

through one or more comprehensive plan amendments under s.

701

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

702

in an area of critical state concern.

703

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

704

agreement to authorize preparation of an optional sector plan

705

upon the request of one or more local governments based on

706

consideration of problems and opportunities presented by existing

707

development trends; the effectiveness of current comprehensive

708

plan provisions; the potential to further the state comprehensive

709

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

710

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

711

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

712

conduct a scoping meeting with affected local governments and

713

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

714

government may consider the sector plan amendments for

715

transmittal execution of the agreement authorized by this

716

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

717

planning agency and the local government in identifying the

718

identification of the relevant planning issues to be addressed

719

and the data and resources available to assist in the preparation

720

of the subsequent plan amendments. The regional planning council

721

shall make written recommendations to the state land planning

722

agency and affected local governments relating to, including

723

whether a sustainable sector plan would be appropriate. The

724

agreement must define the geographic area to be subject to the

725

sector plan, the planning issues that will be emphasized,

726

requirements for intergovernmental coordination to address

727

extrajurisdictional impacts, supporting application materials

728

including data and analysis, and procedures for public

729

participation. An agreement may address previously adopted sector

730

plans that are consistent with the standards in this section.

731

Before executing an agreement under this subsection, the local

732

government shall hold a duly noticed public workshop to review

733

and explain to the public the optional sector planning process

734

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

735

government shall hold a duly noticed public hearing to execute

736

the agreement. All meetings between the state land planning

737

agency department and the local government must be open to the

738

public.

739

     (3)  Optional sector planning encompasses two levels:

740

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

741

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

742

immediate effect on the issuance of development orders or the

743

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

744

detailed specific area plans that implement the conceptual long-

745

term overlay plan buildout overlay and authorize issuance of

746

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

747

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

748

future land use designations may be used only if consistent with

749

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

750

The overlay plan may provide for all or a portion of the lands

751

addressed by the overlay plan to be used primarily for bona fide

752

agricultural purposes as appropriate interim uses until

753

implementation of all or a portion of the overlay plan. Until

754

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

755

underlying future land use designations apply.

756

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

757

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

758

163.3184 buildout overlay must include maps and text supported by

759

data and analysis that address the following:

760

     1. A long-range conceptual long-term overlay plan framework

761

map that, at a minimum, identifies the maximum and minimum

762

amounts, densities, intensities, and types of allowable

763

development and generally depicts anticipated areas of urban,

764

agricultural, rural, and conservation land use.

765

     2. A general identification of regionally significant

766

public facilities consistent with chapter 9J-2, Florida

767

Administrative Code, irrespective of local governmental

768

jurisdiction, necessary to support buildout of the anticipated

769

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

770

used to address and mitigate these impacts as part of the

771

adoption of detailed specific area plans.

772

     3. A general identification of regionally significant

773

natural resources and policies ensuring the protection and

774

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

775

Florida Administrative Code.

776

     4.  Principles and guidelines that address the urban form

777

and interrelationships of anticipated future land uses, and a

778

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

779

which the plan will address restoring key ecosystems, achieving a

780

more clean, healthy environment, limiting urban sprawl within the

781

sector plan and surrounding area, providing affordable and

782

workforce housing, promoting energy-efficient land use patterns,

783

protecting wildlife and natural areas, advancing the efficient

784

use of land and other resources, and creating quality communities

785

and jobs.

786

     5.  Identification of general procedures to ensure

787

intergovernmental coordination to address extrajurisdictional

788

impacts from the long-range conceptual long-range overlay plan

789

framework map.

790

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

791

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

792

plans must include:

793

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

794

development which achieves a functional relationship between a

795

full range of land uses within the area and encompasses to

796

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

797

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

798

based on local circumstances if it is determined that the plan

799

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

800

     2. Detailed identification and analysis of the minimum and

801

maximum amounts, densities, intensities, distribution, extent,

802

and location of future land uses.

803

     3.  Detailed identification of regionally significant public

804

facilities, including public facilities outside the jurisdiction

805

of the host local government, anticipated impacts of future land

806

uses on those facilities, and required improvements consistent

807

with the policies accompanying the plan and, for transportation,

808

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

809

     4.  Public facilities necessary for the short term,

810

including developer contributions in a financially feasible 5-

811

year capital improvement schedule of the affected local

812

government.

813

     5.  Detailed analysis and identification of specific

814

measures to assure the protection of regionally significant

815

natural resources and other important resources both within and

816

outside the host jurisdiction, including those regionally

817

significant resources identified in chapter 9J-2, Florida

818

Administrative Code.

819

     6.  Principles and guidelines that address the urban form

820

and interrelationships of anticipated future land uses and a

821

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

822

which the plan will address restoring key ecosystems, achieving a

823

more clean, healthy environment, limiting urban sprawl, providing

824

affordable and workforce housing, promoting energy-efficient land

825

use patterns, protecting wildlife and natural areas, advancing

826

the efficient use of land and other resources, and creating

827

quality communities and jobs.

828

     7.  Identification of specific procedures to ensure

829

intergovernmental coordination and which address to address

830

extrajurisdictional impacts of the detailed specific area plan.

831

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

832

preparation and approval of the conceptual long-term overlay

833

optional sector plan and detailed specific area plan concurrently

834

or in the same submission.

835

     (4) The host local government shall submit a monitoring

836

report to the state land planning agency and applicable regional

837

planning council on an annual basis after adoption of a detailed

838

specific area plan. The annual monitoring report must provide

839

summarized information on development orders issued, development

840

that has occurred, public facility improvements made, and public

841

facility improvements anticipated over the upcoming 5 years.

842

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

843

specific area plan has become effective under ss. 163.3184 and

844

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

845

development within the geographic area of the detailed specific

846

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

847

development order that is vested from the detailed specific area

848

plan may be enforced under s. 380.11.

849

     (a)  The local government adopting the detailed specific

850

area plan is primarily responsible for monitoring and enforcing

851

the detailed specific area plan. Local governments may shall not

852

issue any permits or approvals or provide any extensions of

853

services to development that are not consistent with the detailed

854

sector area plan.

855

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

856

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

857

agreement entered into under this section, has occurred or is

858

about to occur, it may institute an administrative or judicial

859

proceeding to prevent, abate, or control the conditions or

860

activity creating the violation, using the procedures in s.

861

380.11.

862

     (c) In instituting an administrative or judicial proceeding

863

involving an optional sector plan or detailed specific area plan,

864

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

865

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

866

(6), and (7).

867

     (5) Each local government that is identified as a

868

demonstration project and that has entered into an agreement with

869

the state land planning agency to authorize preparation of an

870

optional sector plan prior to July 1, 2008, is entitled to

871

continue processing the proposed optional sector plan, and the

872

proposed optional sector plan shall be reviewed and may be

873

challenged under the laws and rules in effect at the time of the

874

transmittal of a proposed plan amendment application to the state

875

land planning agency; however, the owner of the property may

876

elect, by giving notice to the local government and the state

877

land planning agency, to be governed under any laws and rules

878

effective after July 1, 2008.

879

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

880

the department shall provide a status report to the Legislative

881

Committee on Intergovernmental Relations regarding each optional

882

sector plan authorized under this section.

883

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

884

the rights of any person under this chapter.

885

     Section 11.  Section 163.3246, Florida Statutes, is amended

886

to read:

887

     163.3246  Local Government Comprehensive Planning

888

Certification Program.--

889

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

890

Government Comprehensive Planning Certification Program has had a

891

low level of interest from and participation by local

892

governments. New approaches, such as the Alternative State Review

893

Process Pilot Program, provide a more effective approach to

894

expediting and streamlining comprehensive plan amendment review.

895

Therefore, the Local Government Comprehensive Planning

896

Certification Program is discontinued and no additional local

897

governments may be certified. The municipalities of Freeport,

898

Lakeland, Miramar, and Orlando may continue to adopt amendments

899

in accordance with this section and their certification agreement

900

or certification notice. to be administered by the Department of

901

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

902

certification process for local governments who identify a

903

geographic area for certification within which they commit to

904

directing growth and who, because of a demonstrated record of

905

effectively adopting, implementing, and enforcing its

906

comprehensive plan, the level of technical planning experience

907

exhibited by the local government, and a commitment to implement

908

exemplary planning practices, require less state and regional

909

oversight of the comprehensive plan amendment process. The

910

purpose of the certification area is to designate areas that are

911

contiguous, compact, and appropriate for urban growth and

912

development within a 10-year planning timeframe. Municipalities

913

and counties are encouraged to jointly establish the

914

certification area, and subsequently enter into joint

915

certification agreement with the department.

916

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

917

program, the local government must:

918

     (a) Demonstrate a record of effectively adopting,

919

implementing, and enforcing its comprehensive plan;

920

     (b) Demonstrate technical, financial, and administrative

921

expertise to implement the provisions of this part without state

922

oversight;

923

     (c) Obtain comments from the state and regional review

924

agencies regarding the appropriateness of the proposed

925

certification;

926

     (d) Hold at least one public hearing soliciting public

927

input concerning the local government's proposal for

928

certification; and

929

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

930

comprehensive plan and land development regulations which:

931

     1. Promote infill development and redevelopment, including

932

prioritized and timely permitting processes in which applications

933

for local development permits within the certification area are

934

acted upon expeditiously for proposed development that is

935

consistent with the local comprehensive plan.

936

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

937

very-low-income households or specialized housing to assist

938

elderly and disabled persons to remain at home or in independent

939

living arrangements.

940

     3. Achieve effective intergovernmental coordination and

941

address the extrajurisdictional effects of development within the

942

certified area.

943

     4. Promote economic diversity and growth while encouraging

944

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

945

the protection and restoration of the environment.

946

     5. Provide and maintain public urban and rural open space

947

and recreational opportunities.

948

     6. Manage transportation and land uses to support public

949

transit and promote opportunities for pedestrian and nonmotorized

950

transportation.

951

     7. Use design principles to foster individual community

952

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

953

oriented safe neighborhoods and town centers.

954

     8. Redevelop blighted areas.

955

     9. Adopt a local mitigation strategy and have programs to

956

improve disaster preparedness and the ability to protect lives

957

and property, especially in coastal high-hazard areas.

958

     10. Encourage clustered, mixed-use development that

959

incorporates greenspace and residential development within

960

walking distance of commercial development.

961

     11. Encourage urban infill at appropriate densities and

962

intensities and separate urban and rural uses and discourage

963

urban sprawl while preserving public open space and planning for

964

buffer-type land uses and rural development consistent with their

965

respective character along and outside the certification area.

966

     12. Assure protection of key natural areas and agricultural

967

lands that are identified using state and local inventories of

968

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

969

     a. Wildlife corridors.

970

     b. Lands with high native biological diversity, important

971

areas for threatened and endangered species, species of special

972

concern, migratory bird habitat, and intact natural communities.

973

     c. Significant surface waters and springs, aquatic

974

preserves, wetlands, and outstanding Florida waters.

975

     d. Water resources suitable for preservation of natural

976

systems and for water resource development.

977

     e. Representative and rare native Florida natural systems.

978

     13. Ensure the cost-efficient provision of public

979

infrastructure and services.

980

     (3) Portions of local governments located within areas of

981

critical state concern cannot be included in a certification

982

area.

983

     (4) A local government or group of local governments

984

seeking certification of all or part of a jurisdiction or

985

jurisdictions must submit an application to the department which

986

demonstrates that the area sought to be certified meets the

987

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

988

include copies of the applicable local government comprehensive

989

plan, land development regulations, interlocal agreements, and

990

other relevant information supporting the eligibility criteria

991

for designation. Upon receipt of a complete application, the

992

department must provide the local government with an initial

993

response to the application within 90 days after receipt of the

994

application.

995

     (5) If the local government meets the eligibility criteria

996

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

997

local government by written agreement, which shall be considered

998

final agency action subject to challenge under s. 120.569.

999

     (2) The agreement for the municipalities of Lakeland,

1000

Miramar, and Orlando must include the following components:

1001

     (a)  The basis for certification.

1002

     (b)  The boundary of the certification area, which

1003

encompasses areas that are contiguous, compact, appropriate for

1004

urban growth and development, and in which public infrastructure

1005

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

1006

timeframe. The certification area must is required to include

1007

sufficient land to accommodate projected population growth,

1008

housing demand, including choice in housing types and

1009

affordability, job growth and employment, appropriate densities

1010

and intensities of use to be achieved in new development and

1011

redevelopment, existing or planned infrastructure, including

1012

transportation and central water and sewer facilities. The

1013

certification area must be adopted as part of the local

1014

government's comprehensive plan.

1015

     (c)  A demonstration that the capital improvements plan

1016

governing the certified area is updated annually.

1017

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

1018

visioning plan.

1019

     (e)  A description of baseline conditions related to the

1020

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

1021

     (f)  A work program setting forth specific planning

1022

strategies and projects that will be undertaken to achieve

1023

improvement in the baseline conditions as measured by the

1024

criteria identified in paragraph (g).

1025

     (g)  Criteria to evaluate the effectiveness of the

1026

certification process in achieving the community-development

1027

goals for the certification area including:

1028

     1.  Measuring the compactness of growth, expressed as the

1029

ratio between population growth and land consumed;

1030

     2.  Increasing residential density and intensities of use;

1031

     3.  Measuring and reducing vehicle miles traveled and

1032

increasing the interconnectedness of the street system,

1033

pedestrian access, and mass transit;

1034

     4.  Measuring the balance between the location of jobs and

1035

housing;

1036

     5.  Improving the housing mix within the certification area,

1037

including the provision of mixed-use neighborhoods, affordable

1038

housing, and the creation of an affordable housing program if

1039

such a program is not already in place;

1040

     6.  Promoting mixed-use developments as an alternative to

1041

single-purpose centers;

1042

     7.  Promoting clustered development having dedicated open

1043

space;

1044

     8.  Linking commercial, educational, and recreational uses

1045

directly to residential growth;

1046

     9.  Reducing per capita water and energy consumption;

1047

     10.  Prioritizing environmental features to be protected and

1048

adopting measures or programs to protect identified features;

1049

     11.  Reducing hurricane shelter deficits and evacuation

1050

times and implementing the adopted mitigation strategies; and

1051

     12.  Improving coordination between the local government and

1052

school board.

1053

     (h)  A commitment to change any land development regulations

1054

that restrict compact development and adopt alternative design

1055

codes that encourage desirable densities and intensities of use

1056

and patterns of compact development identified in the agreement.

1057

     (i)  A plan for increasing public participation in

1058

comprehensive planning and land use decisionmaking which includes

1059

outreach to neighborhood and civic associations through community

1060

planning initiatives.

1061

     (j)  A demonstration that the intergovernmental coordination

1062

element of the local government's comprehensive plan includes

1063

joint processes for coordination between the school board and

1064

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

1065

requirements of law.

1066

     (k)  A method of addressing the extrajurisdictional effects

1067

of development within the certified area, which is integrated by

1068

amendment into the intergovernmental coordination element of the

1069

local government comprehensive plan.

1070

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

1071

land planning agency department of plan amendments adopted during

1072

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

1073

terms and conditions of the certification agreement. Prior to the

1074

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

1075

public hearing soliciting public input on the progress of the

1076

local government in satisfying the terms of the certification

1077

agreement.

1078

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

1079

years after execution of the agreement.

1080

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

1081

agreements each fiscal year. The department shall adopt

1082

procedural rules governing the application and review of local

1083

government requests for certification. Such procedural rules may

1084

establish a phased schedule for review of local government

1085

requests for certification.

1086

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

1087

certification shall include the following components:

1088

     (a) The boundary of the certification area.

1089

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

1090

the schedule provided in the written notice. The monitoring

1091

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

1092

the comprehensive plan adopted by the local government, the

1093

number of plan amendments challenged by an affected person, and

1094

the disposition of those challenges.

1095

     (4) Notwithstanding any other subsections, the municipality

1096

of Freeport shall remain certified for as long as it is

1097

designated as a rural area of critical economic concern.

1098

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

1099

the state land planning agency review the developments of

1100

regional impact that are proposed within the certified area, an

1101

application for approval of a development order within the

1102

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

1103

subject to the following:

1104

     (a) Concurrent with filing an application for development

1105

approval with the local government, a developer proposing a

1106

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

1107

380.06 shall notify in writing the regional planning council that

1108

has jurisdiction.

1109

     (b) The regional planning council shall coordinate with the

1110

developer and the local government to ensure that all concurrency

1111

requirements as well as federal, state, and local environmental

1112

permit requirements are met.

1113

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

1114

revoke the local government's certification if it determines that

1115

the local government is not substantially complying with the

1116

terms of the agreement.

1117

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

1118

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

1119

alleging that a local government is not substantially complying

1120

with the terms of the agreement, using the procedures and

1121

timeframes for notice and conditions precedent described in s.

1122

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

1123

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

1124

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

1125

amendments associated with the area certified must be adopted and

1126

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

1127

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

1128

agency review is eliminated. The state land planning agency

1129

department may not issue any objections, recommendations, and

1130

comments report on proposed plan amendments or a notice of intent

1131

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

1132

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

1133

administrative review pursuant to the requirements of s.

1134

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

1135

amendment.

1136

     (b)  Plan amendments that change the boundaries of the

1137

certification area; propose a rural land stewardship area

1138

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

1139

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

1140

update a comprehensive plan based on an evaluation and appraisal

1141

report; impact lands outside the certification boundary;

1142

implement new statutory requirements that require specific

1143

comprehensive plan amendments; or increase hurricane evacuation

1144

times or the need for shelter capacity on lands within the

1145

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

1146

163.3184 and 163.3187.

1147

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

1148

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

1149

economic concern pursuant to s. 288.0656 which is located within

1150

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

1151

212.055(3) shall be considered certified during the effectiveness

1152

of the designation of rural area of critical economic concern.

1153

The state land planning agency shall provide a written notice of

1154

certification to the local government of the certified area,

1155

which shall be considered final agency action subject to

1156

challenge under s. 120.569. The notice of certification shall

1157

include the following components:

1158

     (a) The boundary of the certification area.

1159

     (b) A requirement that the local government submit either

1160

an annual or biennial monitoring report to the state land

1161

planning agency according to the schedule provided in the written

1162

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

1163

number of amendments to the comprehensive plan adopted by the

1164

local government, the number of plan amendments challenged by an

1165

affected person, and the disposition of those challenges.

1166

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

1167

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

1168

agency review the developments of regional impact that are

1169

proposed within the certified area, an application for approval

1170

of a development order within the certified area shall be exempt

1171

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

1172

     (a) Concurrent with filing an application for development

1173

approval with the local government, a developer proposing a

1174

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

1175

380.06 shall notify in writing the regional planning council with

1176

jurisdiction.

1177

     (b) The regional planning council shall coordinate with the

1178

developer and the local government to ensure that all concurrency

1179

requirements as well as federal, state, and local environmental

1180

permit requirements are met.

1181

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

1182

reviewed by the local government and the state land planning

1183

agency department as part of the evaluation and appraisal process

1184

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

1185

local government to update its comprehensive plan based on the

1186

evaluation and appraisal report, the state land planning agency

1187

department shall renew or revoke the certification. The local

1188

government's failure to adopt a timely evaluation and appraisal

1189

report, failure to adopt an evaluation and appraisal report found

1190

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

1191

an evaluation and appraisal report found to be in compliance by

1192

the state land planning agency department shall be cause for

1193

revoking the certification agreement. The state land planning

1194

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

1195

considered agency action subject to challenge under s. 120.569.

1196

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

1197

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

1198

the Speaker of the House of Representatives a report listing

1199

certified local governments, evaluating the effectiveness of the

1200

certification, and including any recommendations for legislative

1201

actions.

1202

     (14) The Office of Program Policy Analysis and Government

1203

Accountability shall prepare a report evaluating the

1204

certification program, which shall be submitted to the Governor,

1205

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

1206

Representatives by December 1, 2007.

1207

     Section 12.  Paragraphs (a) and (b) of subsection (1),

1208

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

1209

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

1210

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

1211

Statutes, are amended to read:

1212

     163.32465  State review of local comprehensive plans in

1213

urban areas.--

1214

     (1)  LEGISLATIVE FINDINGS.--

1215

     (a)  The Legislature finds that local governments in this

1216

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

1217

and needs. The Legislature also finds that the needs and

1218

resources of urban areas are different from those of rural areas

1219

and that different planning and growth management approaches,

1220

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

1221

role in overseeing growth management should reflect this

1222

diversity and should vary based on local government conditions,

1223

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

1224

Therefore Thus, the Legislature recognizes and finds that reduced

1225

state oversight of local comprehensive planning is justified for

1226

some local governments in urban areas and for certain types of

1227

development.

1228

     (b) The Legislature finds and declares that the this

1229

state's urban areas require a reduced level of state oversight

1230

because of their high degree of urbanization and the planning

1231

capabilities and resources of many of their local governments. An

1232

alternative state review process that is adequate to protect

1233

issues of regional or statewide importance should be created for

1234

appropriate local governments in these areas and for certain

1235

types of development. Further, the Legislature finds that

1236

development, including urban infill and redevelopment, should be

1237

encouraged in these urban areas. The Legislature finds that an

1238

alternative process for amending local comprehensive plans in

1239

these areas should be established with an objective of

1240

streamlining the process and recognizing local responsibility and

1241

accountability.

1242

     (2)  ALTERNATIVE STATE REVIEW PROCESS PILOT

1243

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

1244

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

1245

Hialeah shall follow the an alternative state review process

1246

provided in this section. Municipalities within the pilot

1247

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

1248

not to participate in the pilot program. The alternative state

1249

review process shall also apply to:

1250

     (a) Future land use map amendments and associated special

1251

area policies within areas designated in a comprehensive plan for

1252

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

1253

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

1254

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

1255

redevelopment pursuant to s. 163.2517, a multimodal

1256

transportation district pursuant to s. 163.3180(15), or an urban

1257

service area pursuant to s. 163.3180(5)(b)2.e.;

1258

     (b) Future land use map amendments for a proposed

1259

development in which at least 15 percent of the residential units

1260

are affordable to individuals or families whose total annual

1261

household income does not exceed 120 percent of the area median

1262

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

1263

which the median purchase price for an existing single-family

1264

home exceeds the statewide median purchase price for such home,

1265

does not exceed 140 percent of the area median income adjusted

1266

for family size. Each such residential unit shall be subject to a

1267

rental, deed, or other restriction to ensure that it meets the

1268

income limits provided in this paragraph for at least 30 years;

1269

and

1270

     (c) Future land use map amendments within an area

1271

designated by the Governor as a rural area of critical economic

1272

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

1273

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

1274

government must obtain written certification from the Office of

1275

Tourism, Trade, and Economic Development that the plan amendment

1276

furthers the economic objectives set forth in the executive order

1277

issued under s. 288.0656(7).

1278

     (3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS

1279

UNDER THE PILOT PROGRAM.--

1280

     (a)  Plan amendments adopted by the pilot program

1281

jurisdictions shall follow the alternate, expedited process in

1282

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

1283

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

1284

     (b)  Amendments that qualify as small-scale development

1285

amendments may continue to be adopted by the pilot program

1286

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

1287

(3).

1288

     (c)  Plan amendments that propose a rural land stewardship

1289

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

1290

plan; update a comprehensive plan based on an evaluation and

1291

appraisal report; implement new statutory requirements not

1292

previously incorporated into a comprehensive plan; or new plans

1293

for newly incorporated municipalities are subject to state review

1294

as set forth in s. 163.3184.

1295

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

1296

frequency and timing requirements for plan amendments set forth

1297

in ss. 163.3187 and 163.3191, except as where otherwise stated in

1298

this section.

1299

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

1300

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

1301

program jurisdictions.

1302

     (f) All amendments adopted under this section must comply

1303

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

1304

     (4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR

1305

PILOT PROGRAM.--

1306

     (b)  The agencies and local governments specified in

1307

paragraph (a) may provide comments regarding the amendment or

1308

amendments to the local government. The regional planning council

1309

review and comment shall be limited to effects on regional

1310

resources or facilities identified in the strategic regional

1311

policy plan and extrajurisdictional impacts that would be

1312

inconsistent with the comprehensive plan of the affected local

1313

government. A regional planning council may shall not review and

1314

comment on a proposed comprehensive plan amendment prepared by

1315

such council unless the plan amendment has been changed by the

1316

local government subsequent to the preparation of the plan

1317

amendment by the regional planning council. County comments on

1318

municipal comprehensive plan amendments shall be primarily in the

1319

context of the relationship and effect of the proposed plan

1320

amendments on the county plan. Municipal comments on county plan

1321

amendments shall be primarily in the context of the relationship

1322

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

1323

comments may include technical guidance on issues of agency

1324

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

1325

comments must shall clearly identify issues that, if not

1326

resolved, may result in an agency challenge to the plan

1327

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

1328

encouraged to focus potential challenges on issues of regional or

1329

statewide importance. Agencies and local governments must

1330

transmit their comments to the affected local government, if

1331

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

1332

local government not later than thirty days from the date on

1333

which the state land planning agency notifies the affected local

1334

government that the plan amendment package is complete agency or

1335

government received the amendment or amendments. Any comments

1336

from the agencies and local governments must also be transmitted

1337

to the state land planning agency.

1338

     (5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT

1339

AREAS.--

1340

     (a)  The local government shall hold its second public

1341

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

1342

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

1343

the day the second advertisement is published pursuant to the

1344

requirements of chapter 125 or chapter 166. Adoption of

1345

comprehensive plan amendments must be by ordinance and requires

1346

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

1347

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

1348

and the amendment adopted within 120 days after receipt of the

1349

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

1350

government fails to adopt the plan amendment within the timeframe

1351

set forth in this subsection, the plan amendment is deemed

1352

abandoned and the plan amendment may not be considered until the

1353

next available amendment cycle pursuant to s. 163.3187.

1354

     (6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT

1355

PROGRAM.--

1356

     (g)  An amendment adopted under the expedited provisions of

1357

this section shall not become effective until completion of the

1358

time period available to the state land planning agency for

1359

administrative challenge under paragraph (a) 31 days after

1360

adoption. If timely challenged, an amendment shall not become

1361

effective until the state land planning agency or the

1362

Administration Commission enters a final order determining that

1363

the adopted amendment is to be in compliance.

1364

     (7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL

1365

GOVERNMENTS.--Local governments and specific areas that are have

1366

been designated for alternate review process pursuant to ss.

1367

163.3246 and 163.3184(17) and (18) are not subject to this

1368

section.

1369

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

1370

planning agency may adopt procedural Agencies shall not

1371

promulgate rules to administer implement this section pilot

1372

program.

1373

     Section 13.  Subsection (8) of section 163.340, Florida

1374

Statutes, is amended to read:

1375

     163.340  Definitions.--The following terms, wherever used or

1376

referred to in this part, have the following meanings:

1377

     (8)  "Blighted area" means an area in which there are a

1378

substantial number of deteriorated, or deteriorating structures,

1379

in which conditions, as indicated by government-maintained

1380

statistics or other studies, are leading to economic distress or

1381

endanger life or property, and in which two or more of the

1382

following factors are present:

1383

     (a)  Predominance of defective or inadequate street layout,

1384

parking facilities, roadways, bridges, or public transportation

1385

facilities;

1386

     (b)  Aggregate assessed values of real property in the area

1387

for ad valorem tax purposes have failed to show any appreciable

1388

increase over the 5 years prior to the finding of such

1389

conditions;

1390

     (c)  Faulty lot layout in relation to size, adequacy,

1391

accessibility, or usefulness;

1392

     (d)  Unsanitary or unsafe conditions;

1393

     (e)  Deterioration of site or other improvements;

1394

     (f)  Inadequate and outdated building density patterns;

1395

     (g)  Falling lease rates per square foot of office,

1396

commercial, or industrial space compared to the remainder of the

1397

county or municipality;

1398

     (h)  Tax or special assessment delinquency exceeding the

1399

fair value of the land;

1400

     (i)  Residential and commercial vacancy rates higher in the

1401

area than in the remainder of the county or municipality;

1402

     (j)  Incidence of crime in the area higher than in the

1403

remainder of the county or municipality;

1404

     (k)  Fire and emergency medical service calls to the area

1405

proportionately higher than in the remainder of the county or

1406

municipality;

1407

     (l)  A greater number of violations of the Florida Building

1408

Code in the area than the number of violations recorded in the

1409

remainder of the county or municipality;

1410

     (m)  Diversity of ownership or defective or unusual

1411

conditions of title which prevent the free alienability of land

1412

within the deteriorated or hazardous area; or

1413

     (n)  Governmentally owned property with adverse

1414

environmental conditions caused by a public or private entity.

1415

1416

However, the term "blighted area" also means any area in which at

1417

least one of the factors identified in paragraphs (a) through (n)

1418

are present and all taxing authorities subject to s.

1419

163.387(2)(a) agree, either by interlocal agreement or agreements

1420

with the agency or by resolution, that the area is blighted, or

1421

that the area was previously used as a military facility, is

1422

undeveloped, and consists of land that the Federal Government

1423

declared surplus within the preceding 20 years, not including any

1424

such area that is currently being used by the military in an

1425

active-duty, reserve, or National Guard capacity. Such agreement

1426

or resolution shall only determine that the area is blighted. For

1427

purposes of qualifying for the tax credits authorized in chapter

1428

220, "blighted area" means an area as defined in this subsection.

1429

     Section 14.  Section 166.0451, Florida Statutes, is

1430

renumbered as section 163.32432, Florida Statutes, and amended to

1431

read:

1432

     163.32432 166.0451 Disposition of municipal property for

1433

affordable housing.--

1434

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

1435

municipality shall prepare an inventory list of all real property

1436

within its jurisdiction to which the municipality holds fee

1437

simple title that is appropriate for use as affordable housing.

1438

The inventory list must include the address and legal description

1439

of each such property and specify whether the property is vacant

1440

or improved. The governing body of the municipality must review

1441

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

1442

conclusion of the public hearing. Following the public hearing,

1443

the governing body of the municipality shall adopt a resolution

1444

that includes an inventory list of such property.

1445

     (2)  The properties identified as appropriate for use as

1446

affordable housing on the inventory list adopted by the

1447

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

1448

to purchase land for the development of affordable housing or to

1449

increase the local government fund earmarked for affordable

1450

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

1451

development of the property as permanent affordable housing, or

1452

may be donated to a nonprofit housing organization for the

1453

construction of permanent affordable housing. Alternatively, the

1454

municipality may otherwise make the property available for use

1455

for the production and preservation of permanent affordable

1456

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

1457

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

1458

     (3) As a precondition to receiving any state affordable

1459

housing funding or allocation for any project or program within

1460

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

1461

of each year, provide certification that the inventory and any

1462

update required by this section is complete.

1463

     Section 15.  Subsection (5) and paragraph (d) of subsection

1464

(12) of section 288.975, Florida Statutes, are amended to read:

1465

     288.975  Military base reuse plans.--

1466

     (5)  At the discretion of the host local government, the

1467

provisions of this act may be complied with through the adoption

1468

of the military base reuse plan as a separate component of the

1469

local government comprehensive plan or through simultaneous

1470

amendments to all pertinent portions of the local government

1471

comprehensive plan. Once adopted and approved in accordance with

1472

this section, the military base reuse plan shall be considered to

1473

be part of the host local government's comprehensive plan and

1474

shall be thereafter implemented, amended, and reviewed in

1475

accordance with the provisions of part II of chapter 163. Local

1476

government comprehensive plan amendments necessary to initially

1477

adopt the military base reuse plan shall be exempt from the

1478

limitation on the frequency of plan amendments contained in s.

1479

163.3187(2).

1480

     (12)  Following receipt of a petition, the petitioning party

1481

or parties and the host local government shall seek resolution of

1482

the issues in dispute. The issues in dispute shall be resolved as

1483

follows:

1484

     (d)  Within 45 days after receiving the report from the

1485

state land planning agency, the Administration Commission shall

1486

take action to resolve the issues in dispute. In deciding upon a

1487

proper resolution, the Administration Commission shall consider

1488

the nature of the issues in dispute, any requests for a formal

1489

administrative hearing pursuant to chapter 120, the compliance of

1490

the parties with this section, the extent of the conflict between

1491

the parties, the comparative hardships and the public interest

1492

involved. If the Administration Commission incorporates in its

1493

final order a term or condition that requires any local

1494

government to amend its local government comprehensive plan, the

1495

local government shall amend its plan within 60 days after the

1496

issuance of the order. Such amendment or amendments shall be

1497

exempt from the limitation of the frequency of plan amendments

1498

contained in s. 163.3187(2), and A public hearing on such

1499

amendment or amendments pursuant to s. 163.3184(15)(b)1. is shall

1500

not be required. The final order of the Administration Commission

1501

is subject to appeal pursuant to s. 120.68. If the order of the

1502

Administration Commission is appealed, the time for the local

1503

government to amend its plan is shall be tolled during the

1504

pendency of any local, state, or federal administrative or

1505

judicial proceeding relating to the military base reuse plan.

1506

     Section 16.  Subsection (5) is added to section 342.201,

1507

Florida Statutes, to read:

1508

     342.201  Waterfronts Florida Program.--

1509

     (5) The Department of Community Affairs may adopt rules

1510

necessary to implement the provisions of this section.

1511

     Section 17.  Subsection (7), paragraph (c) of subsection

1512

(19), and paragraph (l) of subsection (24) of section 380.06,

1513

Florida Statutes, are amended, and present paragraph (u) is

1514

redesignated as paragraph (v) and a new paragraphs (u) is added

1515

to subsection (24) of that section, to read:

1516

     380.06  Developments of regional impact.--

1517

     (7)  PREAPPLICATION PROCEDURES.--

1518

     (a)  Before filing an application for development approval,

1519

the developer shall contact the regional planning agency with

1520

jurisdiction over the proposed development to arrange a

1521

preapplication conference. Upon the request of the developer or

1522

the regional planning agency, other affected state and regional

1523

agencies shall participate in this conference and shall identify

1524

the types of permits issued by the agencies, the level of

1525

information required, and the permit issuance procedures as

1526

applied to the proposed development. The levels of service

1527

required in the transportation methodology shall be the same

1528

levels of service used to evaluate concurrency in accordance with

1529

s. 163.3180. The regional planning agency shall provide the

1530

developer information about the development-of-regional-impact

1531

process and the use of preapplication conferences to identify

1532

issues, coordinate appropriate state and local agency

1533

requirements, and otherwise promote a proper and efficient review

1534

of the proposed development. If agreement is reached regarding

1535

assumptions and methodology to be used in the application for

1536

development approval, the reviewing agencies may not subsequently

1537

object to those assumptions and methodologies unless subsequent

1538

changes to the project or information obtained during the review

1539

make those assumptions and methodologies inappropriate.

1540

     (19)  SUBSTANTIAL DEVIATIONS.--

1541

     (c)  An extension of the date of buildout of a development,

1542

or any phase thereof, by more than 7 years is presumed to create

1543

a substantial deviation subject to further development-of-

1544

regional-impact review. An extension of the date of buildout, or

1545

any phase thereof, of more than 5 years but not more than 7 years

1546

is presumed not to create a substantial deviation. The extension

1547

of the date of buildout of an areawide development of regional

1548

impact by more than 5 years but less than 10 years is presumed

1549

not to create a substantial deviation. These presumptions may be

1550

rebutted by clear and convincing evidence at the public hearing

1551

held by the local government. An extension of 5 years or less is

1552

not a substantial deviation. For the purpose of calculating when

1553

a buildout or phase date has been exceeded, the time shall be

1554

tolled during the pendency of administrative or judicial

1555

proceedings relating to development permits. Any extension of the

1556

buildout date of a project or a phase thereof shall automatically

1557

extend the commencement date of the project, the termination date

1558

of the development order, the expiration date of the development

1559

of regional impact, and the phases thereof if applicable by a

1560

like period of time. In recognition of the 2007 real estate

1561

market conditions, all development order phase, buildout,

1562

commencement, and expiration dates and all related local

1563

government approvals for projects that are developments of

1564

regional impact or Florida Quality Developments and under active

1565

construction on July 1, 2007, or for which a development order

1566

was adopted between January 1, 2006, and July 1, 2007, regardless

1567

of whether or not active construction has commenced, are extended

1568

for 3 years regardless of any prior extension. The 3-year

1569

extension is not a substantial deviation, is not subject to

1570

further development-of-regional-impact review, and may not be

1571

considered when determining whether a subsequent extension is a

1572

substantial deviation under this subsection. This extension also

1573

applies to all associated local government approvals, including,

1574

but not limited to, agreements, certificates, and permits related

1575

to the project.

1576

     (24)  STATUTORY EXEMPTIONS.--

1577

     (l) Any proposed development or redevelopment within an

1578

area designated in the comprehensive plan as an urban

1579

redevelopment area, a downtown revitalization area, an urban

1580

infill area, or an urban infill and redevelopment area under s

1581

163.2517 is exempt from this section. within an urban service

1582

boundary established under s. 163.3177(14) is exempt from the

1583

provisions of this section if the local government having

1584

jurisdiction over the area where the development is proposed has

1585

adopted the urban service boundary, has entered into a binding

1586

agreement with jurisdictions that would be impacted and with the

1587

Department of Transportation regarding the mitigation of impacts

1588

on state and regional transportation facilities, and has adopted

1589

a proportionate share methodology pursuant to s. 163.3180(16).

1590

     (u) Any development within a county having a population

1591

greater than 1.25 million which is proposed for at least two

1592

uses, one of which is for use as an office or laboratory

1593

appropriate for the research and development of medical

1594

technology, biotechnology, or life science applications, is

1595

exempt from this section if:

1596

     1. The land is located in a designated urban infill area or

1597

within 5 miles of a state-supported biotechnical research

1598

facility or if a local government having jurisdiction recognizes,

1599

by resolution, that the land is located in a compact, high-

1600

intensity, and high-density multiuse area that is appropriate for

1601

intensive growth.

1602

     2. The land is located within three-fourths of 1 mile from

1603

one or more bus or light rail transit stops.

1604

     3. The development is registered with the United States

1605

Green Building Council and there is an intent to apply for

1606

certification of each building under the Leadership in Energy and

1607

Environmental Design rating program, or the development is

1608

registered by an alternate green building rating system that a

1609

local government having jurisdiction finds appropriate, by

1610

resolution.

1611

     (v)(u) Any development within a county with a research and

1612

education authority created by special act and that is also

1613

within a research and development park that is operated or

1614

managed by a research and development authority pursuant to part

1615

V of chapter 159 is exempt from this section.

1616

1617

If a use is exempt from review as a development of regional

1618

impact under paragraphs (a)-(u) (a)-(t), but will be part of a

1619

larger project that is subject to review as a development of

1620

regional impact, the impact of the exempt use must be included in

1621

the review of the larger project.

1622

     Section 18.  Paragraph (f) of subsection (3) of section

1623

380.0651, Florida Statutes, is amended to read:

1624

     380.0651  Statewide guidelines and standards.--

1625

     (3)  The following statewide guidelines and standards shall

1626

be applied in the manner described in s. 380.06(2) to determine

1627

whether the following developments shall be required to undergo

1628

development-of-regional-impact review:

1629

     (f)  Hotel or motel development.--

1630

     1.  Any proposed hotel or motel development that is planned

1631

to create or accommodate 350 or more units; or

1632

     2.  Any proposed hotel or motel development that is planned

1633

to create or accommodate 750 or more units, in a county with a

1634

population greater than 500,000 but not exceeding 1.5 million; or

1635

     3. Any proposed hotel or motel development that is planned

1636

to create or accommodate 750 or more units, in a county that has

1637

a population greater than 1.5 million, and only in a geographic

1638

area specifically designated as highly suitable for increased

1639

threshold intensity in the approved local comprehensive plan and

1640

in the strategic regional policy plan.

1641

     Section 19.  Paragraph (c) of subsection (18) of section

1642

1002.33, Florida Statutes, is amended to read:

1643

     1002.33  Charter schools.--

1644

     (18)  FACILITIES.--

1645

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

1646

charter school whose charter has been approved by the sponsor and

1647

the governing board, pursuant to subsection (7), is shall be

1648

exempt from ad valorem taxes pursuant to s. 196.1983. Library,

1649

community service, museum, performing arts, theatre, cinema,

1650

church, community college, college, and university facilities may

1651

provide space to charter schools within their facilities if such

1652

use is consistent with the local comprehensive plan and

1653

applicable land development regulations under their preexisting

1654

zoning and land use designations. No expansion of the facilities

1655

shall be allowed to accommodate a charter school unless the

1656

expansion would be in compliance with the local comprehensive

1657

plan and applicable land development regulations.

1658

     Section 20.  Paragraph (b) of subsection (2) of section

1659

163.3217, Florida Statutes, is amended to read:

1660

     163.3217  Municipal overlay for municipal incorporation.--

1661

     (2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL

1662

OVERLAY.--

1663

     (b)1. A municipal overlay shall be adopted as an amendment

1664

to the local government comprehensive plan as prescribed by s.

1665

163.3184.

1666

     2. A county may consider the adoption of a municipal

1667

overlay without regard to the provisions of s. 163.3187(1)

1668

regarding the frequency of adoption of amendments to the local

1669

comprehensive plan.

1670

     Section 21.  Subsection (4) of section 163.3182, Florida

1671

Statutes, is amended to read:

1672

     163.3182  Transportation concurrency backlogs.--

1673

     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

1674

     (a) Each transportation concurrency backlog authority shall

1675

adopt a transportation concurrency backlog plan as a part of the

1676

local government comprehensive plan within 6 months after the

1677

creation of the authority. The plan shall:

1678

     (a)1. Identify all transportation facilities that have been

1679

designated as deficient and require the expenditure of moneys to

1680

upgrade, modify, or mitigate the deficiency.

1681

     (b)2. Include a priority listing of all transportation

1682

facilities that have been designated as deficient and do not

1683

satisfy concurrency requirements pursuant to s. 163.3180, and the

1684

applicable local government comprehensive plan.

1685

     (c)3. Establish a schedule for financing and construction

1686

of transportation concurrency backlog projects that will

1687

eliminate transportation concurrency backlogs within the

1688

jurisdiction of the authority within 10 years after the

1689

transportation concurrency backlog plan adoption. The schedule

1690

shall be adopted as part of the local government comprehensive

1691

plan.

1692

     (b) The adoption of the transportation concurrency backlog

1693

plan shall be exempt from the provisions of s. 163.3187(1).

1694

     Section 22.  Subsection (11) of section 171.203, Florida

1695

Statutes, is amended to read:

1696

     171.203  Interlocal service boundary agreement.--The

1697

governing body of a county and one or more municipalities or

1698

independent special districts within the county may enter into an

1699

interlocal service boundary agreement under this part. The

1700

governing bodies of a county, a municipality, or an independent

1701

special district may develop a process for reaching an interlocal

1702

service boundary agreement which provides for public

1703

participation in a manner that meets or exceeds the requirements

1704

of subsection (13), or the governing bodies may use the process

1705

established in this section.

1706

     (11)(a)  A municipality that is a party to an interlocal

1707

service boundary agreement that identifies an unincorporated area

1708

for municipal annexation under s. 171.202(11)(a) shall adopt a

1709

municipal service area as an amendment to its comprehensive plan

1710

to address future possible municipal annexation. The state land

1711

planning agency shall review the amendment for compliance with

1712

part II of chapter 163. The proposed plan amendment must contain:

1713

     1.  A boundary map of the municipal service area.

1714

     2.  Population projections for the area.

1715

     3.  Data and analysis supporting the provision of public

1716

facilities for the area.

1717

     (b)  This part does not authorize the state land planning

1718

agency to review, evaluate, determine, approve, or disapprove a

1719

municipal ordinance relating to municipal annexation or

1720

contraction.

1721

     (c) Any amendment required by paragraph (a) is exempt from

1722

the twice-per-year limitation under s. 163.3187.

1723

     Section 23. There is appropriated to the Division of

1724

Community Planning within the Department of Community Affairs

1725

eight full-time equivalent positions and $431,299 in recurring

1726

general revenue for the 2008-2009 fiscal year.

1727

     Section 24.  This act shall take effect July 1, 2008.

1728

1729

================ T I T L E  A M E N D M E N T ================

1730

And the title is amended as follows:

1731

     Delete line(s) 92-219

1732

and insert:

1733

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

1734

provision of notice before the imposition of an increased

1735

impact fee; providing that the provision of notice is not

1736

required before decreasing or eliminating an impact fee;

1737

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

1738

applicants for a future land use map amendment applying to

1739

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

1740

and solicit public comment on the proposed amendment;

1741

requiring that one such meeting be conducted before the

1742

application is filed and the second meeting be conducted

1743

before adoption of the plan amendment; providing notice

1744

and procedure requirements for such meetings; requiring

1745

that applicants for a plan amendment applying to more than

1746

10 acres but less than 50 acres conduct a meeting before

1747

the application is filed and encouraging a second meeting

1748

within a specified period before the local government's

1749

scheduled adoption hearing; providing for notice of such

1750

meeting; requiring that an applicant file with the local

1751

government a written certification attesting to certain

1752

information; exempting small-scale amendments from

1753

requirements related to meetings; revising a time period

1754

for comments on plan amendments; revising a time period

1755

for requesting state planning agency review of plan

1756

amendments; revising a time period for the state land

1757

planning agency to identify written comments on plan

1758

amendments for local governments; providing that an

1759

amendment is deemed abandoned under certain circumstances;

1760

authorizing the state land planning agency to grant

1761

extensions; requiring that a comprehensive plan or

1762

amendment to be adopted be available to the public;

1763

prohibiting certain types of changes to a plan amendment

1764

during a specified period before the hearing thereupon;

1765

requiring that the local government certify certain

1766

information to the state land planning agency; deleting

1767

exemptions from the limitation on the frequency of

1768

amendments of comprehensive plans; deleting provisions

1769

relating to community vision and urban boundary amendments

1770

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

1771

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

1772

amendments to twice per calendar year; limiting the

1773

adoption of certain plan amendments to once per calendar

1774

year; authorizing local governments to adopt certain plan

1775

amendments at any time during a calendar year without

1776

regard for restrictions on frequency; deleting certain

1777

types of amendments from the list of amendments eligible

1778

for adoption at any time during a calendar year; deleting

1779

exemptions from frequency limitations; providing

1780

circumstances under which small-scale amendments become

1781

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

1782

relating to optional sector plans; authorizing all local

1783

government to adopt optional sector plans into their

1784

comprehensive plan; increasing the size of the area to

1785

which sector plans apply; deleting certain restrictions on

1786

a local government upon entering into sector plans;

1787

deleting an annual monitoring report submitted by a host

1788

local government that has adopted a sector plan and a

1789

status report submitted by the department on optional

1790

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

1791

the Local Government Comprehensive Planning Certification

1792

Program except for currently certified local governments;

1793

retaining an exemption from DRI review for a certified

1794

community in certain circumstances; amending s. 163.32465,

1795

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

1796

comprehensive plans; providing additional types of

1797

amendments to which the alternative state review applies;

1798

providing that a 30-day period for agency comments begins

1799

when the state land planning agency notifies the local

1800

government that the plan amendment package is complete;

1801

requiring adoption of a plan amendment within 120 days

1802

after receipt of agency comments or the plan amendment is

1803

deemed abandoned; revising the effective date of adopted

1804

plan amendments; providing procedural rulemaking authority

1805

to the state land planning agency; amending s. 163.340,

1806

F.S.; defining the term "blighted area" to include land

1807

previously used as a military facility; renumbering and

1808

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

1809

certify that they have prepared a list of county-owned

1810

property appropriate for affordable housing before

1811

obtaining certain funding; amending s. 288.975, F.S.;

1812

deleting exemptions from the frequency limitations on

1813

comprehensive plan amendments; amending s. 342.201, F.S.;

1814

authorizing the Department of Community Affairs to adopt

1815

rules to implement the Waterfronts Florida Program;

1816

amending s. 380.06, F.S.; requiring a specified level of

1817

service for certain transportation methodologies; revising

1818

criteria for extending application of certain deadline

1819

dates and approvals for developments of regional impact;

1820

providing an additional statutory exemption for certain

1821

developments in certain counties; providing requirements

1822

and limitations; providing an additional statutory

1823

exemption for certain redevelopment; amending s. 380.0651,

1824

F.S.; expanding the criteria for determining whether

1825

certain additional hotel or motel developments are

1826

required to undergo development-of-regional impact review;

1827

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

1828

providing space to charter schools unless such use is

1829

consistent with the local comprehensive plan; prohibiting

1830

the expansion of certain facilities to accommodate for a

1831

charter school unless such use is consistent with the

1832

local comprehensive plan; amending ss. 163.3217, 163.3182,

1833

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

1834

on the frequency of amendments of comprehensive plans;

1835

providing an appropriation and authorizing additional

1836

positions; providing an effective date.

4/30/2008  4:33:00 PM     40-09272-08

CODING: Words stricken are deletions; words underlined are additions.

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