Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB 474

842906

CHAMBER ACTION

Senate

Floor: 1/AD/2R

5/2/2008 2:10 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) 223-1114

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and insert:

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     Section 1.  Section 125.379, Florida Statutes, is

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transferred, renumbered as section 163.32431, Florida Statutes,

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and amended to read:

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     163.32431 125.379 Disposition of county property for

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affordable housing.--

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

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county shall prepare an inventory list of all real property

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within its jurisdiction to which the county holds fee simple

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title that is appropriate for use as affordable housing. The

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inventory list must include the address and legal description of

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each such real property and specify whether the property is

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

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

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conclusion of the public hearing. The governing body of the

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county shall adopt a resolution that includes an inventory list

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of the such property following the public hearing.

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     (2)  The properties identified as appropriate for use as

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affordable housing on the inventory list adopted by the county

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

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for the development of affordable housing or to increase the

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local government fund earmarked for affordable housing, or may be

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sold with a restriction that requires the development of the

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

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nonprofit housing organization for the construction of permanent

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affordable housing. Alternatively, the county may otherwise make

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the property available for use for the production and

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preservation of permanent affordable housing. For purposes of

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

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420.0004(3).

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     (3) As a precondition to receiving any state affordable

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housing funding or allocation for any project or program within a

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

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provide certification that the inventory and any update required

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by this section are complete.

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

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Statutes, is amended to read:

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     163.3174  Local planning agency.--

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     (1)  The governing body of each local government,

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

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

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unless the agency is otherwise established by law.

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Notwithstanding any special act to the contrary, all local

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planning agencies or equivalent agencies that first review

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rezoning and comprehensive plan amendments in each municipality

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and county shall include a representative of the school district

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

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planning agency or equivalent agency to attend those meetings at

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which the agency considers comprehensive plan amendments and

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rezonings that would, if approved, increase residential density

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

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this subsection does not prevent the governing body of the local

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government from granting voting status to the school board

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

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designate itself as the local planning agency pursuant to this

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subsection, except in a municipality having a population of

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10,000 or fewer with the addition of a nonvoting school board

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representative. The local governing body shall notify the state

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land planning agency of the establishment of its local planning

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agency. All local planning agencies shall provide opportunities

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for involvement by applicable community college boards, which may

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be accomplished by formal representation, membership on technical

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advisory committees, or other appropriate means. The local

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planning agency shall prepare the comprehensive plan or plan

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amendment after hearings to be held after public notice and shall

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make recommendations to the local governing body regarding the

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

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be a local planning commission, the planning department of the

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local government, or other instrumentality, including a

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countywide planning entity established by special act or a

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council of local government officials created pursuant to s.

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163.02, provided the composition of the council is fairly

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representative of all the governing bodies in the county or

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planning area; however:

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     (a)  If a joint planning entity is in existence on the

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effective date of this act which authorizes the governing bodies

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to adopt and enforce a land use plan effective throughout the

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joint planning area, that entity shall be the agency for those

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local governments until such time as the authority of the joint

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planning entity is modified by law.

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

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responsibility between the county and the several municipalities

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therein shall be as stipulated in the charter.

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

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

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subsection (6), paragraph (i) of subsection (10), paragraph (i)

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

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163.3177, Florida Statutes, are amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (3)

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

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

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163.3187 or s. 163.3189 in order to maintain a financially

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feasible 5-year schedule of capital improvements. Corrections and

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modifications concerning costs; revenue sources; or acceptance of

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facilities pursuant to dedications which are consistent with the

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

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

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ordinance shall be transmitted to the state land planning agency.

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An amendment to the comprehensive plan is required to update the

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

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

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public facilities must be consistent with the capital

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improvements element. Amendments to implement this section must

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

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

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map, except for plan amendments to meet new requirements under

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

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

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and until the local government has adopted the annual update and

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it has been transmitted to the state land planning agency.

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     2.  Capital improvements element amendments adopted after

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

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hearing before the governing board which shall be an adoption

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

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

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

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the comprehensive plans of adjacent municipalities, the county,

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adjacent counties, or the region; with the appropriate water

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management district's regional water supply plans approved

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pursuant to s. 373.0361; with adopted rules pertaining to

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designated areas of critical state concern; and with the state

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comprehensive plan shall be a major objective of the local

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comprehensive planning process. To that end, in the preparation

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of a comprehensive plan or element thereof, and in the

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comprehensive plan or element as adopted, the governing body

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shall include a specific policy statement indicating the

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relationship of the proposed development of the area to the

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comprehensive plans of adjacent municipalities, the county,

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adjacent counties, or the region and to the state comprehensive

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

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in preparation may exist.

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

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

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elements:

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     (a)  A future land use plan element designating proposed

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

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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

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encouraged to designate rural land stewardship areas, pursuant to

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

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land use map.

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

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

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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

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

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supplemented by goals, policies, and measurable objectives.

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

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

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land required to accommodate anticipated growth; the projected

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

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availability of water supplies, public facilities, and services;

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the need for redevelopment, including the renewal of blighted

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areas and the elimination of nonconforming uses which are

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inconsistent with the character of the community; the

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compatibility of uses on lands adjacent to or closely proximate

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to military installations; the discouragement of urban sprawl;

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energy-efficient land use patterns that reduce vehicle miles

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

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capital investment, and economic development that will strengthen

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and diversify the community's economy.

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

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planned development use involving combinations of types of uses

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for which special regulations may be necessary to ensure

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development in accord with the principles and standards of the

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comprehensive plan and this act.

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     4. The future land use plan element shall include criteria

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to be used to achieve the compatibility of adjacent or closely

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proximate lands with military installations.

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

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

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to all lands classified in the future land use plan as

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

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substantively equivalent land use. The rural sub-element shall

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include goals, objectives, and policies that enhance rural

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economies, promote the viability of agriculture, provide for

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appropriate economic development, discourage urban sprawl, and

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

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shall generally identify anticipated areas of rural,

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agricultural, and conservation and areas that may be considered

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for conversion to urban land use and appropriate sites for

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affordable housing. The rural sub-element shall also generally

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identify areas that may be considered for rural land stewardship

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

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

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communities, the amount of land designated for future planned

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industrial use shall be based upon surveys and studies that

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

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necessity to strengthen and diversify the local economies, and

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may shall not be limited solely by the projected population of

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the rural community.

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

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areas for possible future municipal incorporation.

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

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and depict historic district boundaries and shall designate

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historically significant properties meriting protection.

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

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include, without limitation, regulatory incentives and criteria

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that encourage the preservation of recreational and commercial

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working waterfronts as defined in s. 342.07.

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     9. The future land use element must clearly identify the

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

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When delineating such the land use categories in which public

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

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the categories sufficient land proximate to residential

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development to meet the projected needs for schools in

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coordination with public school boards and may establish

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differing criteria for schools of different type or size. Each

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local government shall include lands contiguous to existing

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

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categories in which public schools are an allowable use. The

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failure by a local government to comply with these school siting

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requirements will result in the prohibition of The local

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government may not government's ability to amend the local

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comprehensive plan, except for plan amendments described in s.

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

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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

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element shall include criteria that encourage the location of

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schools proximate to urban residential areas to the extent

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possible and shall require that the local government seek to

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collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. For schools serving predominantly rural counties,

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

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an agricultural land use category shall be eligible for the

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location of public school facilities if the local comprehensive

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plan contains school siting criteria and the location is

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consistent with such criteria. Local governments required to

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update or amend their comprehensive plan to include criteria and

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address compatibility of adjacent or closely proximate lands with

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existing military installations in their future land use plan

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element shall transmit the update or amendment to the department

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by June 30, 2006.

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

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potable water, and natural groundwater aquifer recharge element

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correlated to principles and guidelines for future land use,

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indicating ways to provide for future potable water, drainage,

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sanitary sewer, solid waste, and aquifer recharge protection

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requirements for the area. The element may be a detailed

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engineering plan including a topographic map depicting areas of

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prime groundwater recharge. The element shall describe the

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problems and needs and the general facilities that will be

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required for solution of the problems and needs. The element

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shall also include a topographic map depicting any areas adopted

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by a regional water management district as prime groundwater

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recharge areas for the Floridan or Biscayne aquifers. These areas

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shall be given special consideration when the local government is

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engaged in zoning or considering future land use for said

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

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shall be provided which indicate the suitability of soils for

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septic tanks. Within 18 months after the governing board approves

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an updated regional water supply plan, the element must

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incorporate the alternative water supply project or projects

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selected by the local government from those identified in the

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

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

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local government is located within two water management

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districts, the local government shall adopt its comprehensive

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plan amendment within 18 months after the later updated regional

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water supply plan. The element must identify such alternative

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water supply projects and traditional water supply projects and

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conservation and reuse necessary to meet the water needs

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

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

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

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supply facilities, including development of alternative water

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supplies, which are identified in the element as necessary to

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serve existing and new development. The work plan shall be

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

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governing board of a water management district approves an

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updated regional water supply plan. Amendments to incorporate the

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

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adoption of amendments to the comprehensive plan. Local

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governments, public and private utilities, regional water supply

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authorities, special districts, and water management districts

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are encouraged to cooperatively plan for the development of

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multijurisdictional water supply facilities that are sufficient

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to meet projected demands for established planning periods,

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including the development of alternative water sources to

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supplement traditional sources of groundwater and surface water

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supplies.

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

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principles to be followed in:

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     a.  The provision of housing for all current and anticipated

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future residents of the jurisdiction.

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     b.  The elimination of substandard dwelling conditions.

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     c.  The structural and aesthetic improvement of existing

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housing.

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     d.  The provision of adequate sites for future housing,

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including affordable workforce housing as defined in s.

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

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moderate-income families, mobile homes, senior affordable

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housing, and group home facilities and foster care facilities,

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with supporting infrastructure and public facilities. This

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includes compliance with the applicable public lands provision

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under s. 163.32431 or s. 163.32432.

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     e.  Provision for relocation housing and identification of

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historically significant and other housing for purposes of

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conservation, rehabilitation, or replacement.

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     f.  The formulation of housing implementation programs.

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     g.  The creation or preservation of affordable housing to

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minimize the need for additional local services and avoid the

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concentration of affordable housing units only in specific areas

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of the jurisdiction.

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

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

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

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

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critical state concern shall adopt a plan for ensuring affordable

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

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

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

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natural persons or families whose total household income does not

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exceed 140 percent of the area median income, adjusted for

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household size.

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

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housing funding or allocation for any project or program within

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

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

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certification that the county has complied with the requirements

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

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

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the local government being ineligible to receive any state

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housing assistance grants until the requirement of sub-

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subparagraph h. is met.

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

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element must be based on the data and analysis prepared on

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housing needs, including the affordable housing needs assessment.

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State and federal housing plans prepared on behalf of the local

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government must be consistent with the goals, objectives, and

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policies of the housing element. Local governments are encouraged

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

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to address a portion of their affordable housing concerns.

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     3.2. To assist local governments in housing data collection

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and analysis and assure uniform and consistent information

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

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agency shall conduct an affordable housing needs assessment for

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all local jurisdictions on a schedule that coordinates the

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implementation of the needs assessment with the evaluation and

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appraisal reports required by s. 163.3191. Each local government

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shall use utilize the data and analysis from the needs assessment

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as one basis for the housing element of its local comprehensive

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

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perform its own needs assessment, if it uses the methodology

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established by the agency by rule.

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

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380.24, a coastal management element, appropriately related to

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

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

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management element shall set forth the policies that shall guide

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the local government's decisions and program implementation with

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respect to the following objectives:

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     a.  Maintenance, restoration, and enhancement of the overall

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quality of the coastal zone environment, including, but not

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limited to, its amenities and aesthetic values.

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     b.  Continued existence of viable populations of all species

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of wildlife and marine life.

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     c.  The orderly and balanced utilization and preservation,

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consistent with sound conservation principles, of all living and

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nonliving coastal zone resources.

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     d.  Avoidance of irreversible and irretrievable loss of

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coastal zone resources.

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     e.  Ecological planning principles and assumptions to be

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used in the determination of suitability and extent of permitted

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development.

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     f.  Proposed management and regulatory techniques.

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     g.  Limitation of public expenditures that subsidize

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development in high-hazard coastal areas.

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     h.  Protection of human life against the effects of natural

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disasters.

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

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

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navigation and other related activities.

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     j.  Preservation, including sensitive adaptive use of

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historic and archaeological resources.

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

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coastal management element in its comprehensive plan is

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encouraged to adopt recreational surface water use policies that

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include applicable criteria for and consider such factors as

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natural resources, manatee protection needs, protection of

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working waterfronts and public access to the water, and

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recreation and economic demands. Criteria for manatee protection

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in the recreational surface water use policies should reflect

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applicable guidance outlined in the Boat Facility Siting Guide

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prepared by the Fish and Wildlife Conservation Commission. If the

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local government elects to adopt recreational surface water use

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policies by comprehensive plan amendment, such comprehensive plan

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

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governments that wish to adopt recreational surface water use

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policies may be eligible for assistance with the development of

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such policies through the Florida Coastal Management Program. The

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Office of Program Policy Analysis and Government Accountability

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shall submit a report on the adoption of recreational surface

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water use policies under this subparagraph to the President of

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

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majority and minority leaders of the Senate and the House of

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Representatives no later than December 1, 2010.

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     (h)1.  An intergovernmental coordination element showing

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relationships and stating principles and guidelines to be used in

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the accomplishment of coordination of the adopted comprehensive

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plan with the plans of school boards, regional water supply

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authorities, and other units of local government providing

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services but not having regulatory authority over the use of

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land, with the comprehensive plans of adjacent municipalities,

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

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comprehensive plan and with the applicable regional water supply

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

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

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element of the local comprehensive plan shall demonstrate

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consideration of the particular effects of the local plan, when

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adopted, upon the development of adjacent municipalities, the

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

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comprehensive plan, as the case may require.

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     a.  The intergovernmental coordination element shall provide

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for procedures to identify and implement joint planning areas,

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especially for the purpose of annexation, municipal

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incorporation, and joint infrastructure service areas.

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     b.  The intergovernmental coordination element shall provide

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for recognition of campus master plans prepared pursuant to s.

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1013.30.

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     c.  The intergovernmental coordination element may provide

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for a voluntary dispute resolution process as established

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

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intergovernmental disputes. A local government may develop and

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use an alternative local dispute resolution process for this

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purpose.

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     2.  The intergovernmental coordination element shall further

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state principles and guidelines to be used in the accomplishment

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of coordination of the adopted comprehensive plan with the plans

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of school boards and other units of local government providing

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facilities and services but not having regulatory authority over

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the use of land. In addition, the intergovernmental coordination

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element shall describe joint processes for collaborative planning

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and decisionmaking on population projections and public school

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siting, the location and extension of public facilities subject

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to concurrency, and siting facilities with countywide

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significance, including locally unwanted land uses whose nature

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

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adopting their intergovernmental coordination elements, each

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county, all the municipalities within that county, the district

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school board, and any unit of local government service providers

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in that county shall establish by interlocal or other formal

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agreement executed by all affected entities, the joint processes

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described in this subparagraph consistent with their adopted

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intergovernmental coordination elements.

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     3.  To foster coordination between special districts and

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local general-purpose governments as local general-purpose

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governments implement local comprehensive plans, each independent

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special district must submit a public facilities report to the

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appropriate local government as required by s. 189.415.

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     4.a. Local governments must execute an interlocal agreement

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with the district school board, the county, and nonexempt

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municipalities pursuant to s. 163.31777. The local government

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shall amend the intergovernmental coordination element to provide

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that coordination between the local government and school board

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is pursuant to the agreement and shall state the obligations of

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the local government under the agreement.

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     b. Plan amendments that comply with this subparagraph are

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

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     5.  The state land planning agency shall establish a

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schedule for phased completion and transmittal of plan amendments

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

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

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government may complete and transmit its plan amendments to carry

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out these provisions prior to the scheduled date established by

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the state land planning agency. The plan amendments are exempt

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from the provisions of s. 163.3187(1).

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

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greater than 100,000, and the municipalities and special

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districts within that county, shall submit a report to the

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Department of Community Affairs which:

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     a.  Identifies all existing or proposed interlocal service

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delivery agreements regarding the following: education; sanitary

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

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and recreation; and transportation facilities.

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     b.  Identifies any deficits or duplication in the provision

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of services within its jurisdiction, whether capital or

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operational. Upon request, the Department of Community Affairs

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shall provide technical assistance to the local governments in

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identifying deficits or duplication.

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

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Department of Community Affairs shall, through the appropriate

496

regional planning council, coordinate a meeting of all local

497

governments within the regional planning area to discuss the

498

reports and potential strategies to remedy any identified

499

deficiencies or duplications.

500

     8.  Each local government shall update its intergovernmental

501

coordination element based upon the findings in the report

502

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

503

supporting data and analysis for the intergovernmental

504

coordination element.

505

     (10)  The Legislature recognizes the importance and

506

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

507

Minimum Criteria for Review of Local Government Comprehensive

508

Plans and Determination of Compliance of the Department of

509

Community Affairs that will be used to determine compliance of

510

local comprehensive plans. The Legislature reserved unto itself

511

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

512

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

513

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

514

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

515

the following legislative intent:

516

     (i) The Legislature recognizes that due to varying local

517

conditions, local governments have different planning needs that

518

cannot be addressed by one uniform set of minimum planning

519

criteria. Therefore, the state land planning agency may amend

520

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

521

minimum criteria that are applicable to local governments based

522

on the following factors:

523

     1. Current and projected population.

524

     2. Size of the local jurisdiction.

525

     3. Amount and nature of undeveloped land.

526

     4. The scale of public services provided by the local

527

government.

528

529

The state land planning agency department shall take into account

530

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

531

Administrative Code, as it provides assistance to local

532

governments and applies the rule in specific situations with

533

regard to the detail of the data and analysis required.

534

     (12)  A public school facilities element adopted to

535

implement a school concurrency program shall meet the

536

requirements of this subsection. Each county and each

537

municipality within the county, unless exempt or subject to a

538

waiver, must adopt a public school facilities element that is

539

consistent with those adopted by the other local governments

540

within the county and enter the interlocal agreement pursuant to

541

s. 163.31777.

542

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

543

schedule for adoption of the public school facilities element and

544

the required updates to the public schools interlocal agreement

545

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

546

county and local government within the county to adopt the

547

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

548

2009 2008. Plan amendments to adopt a public school facilities

549

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

550

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

551

     1. There are a number of rural agricultural industrial

552

centers in the state which process, produce, or aid in the

553

production or distribution of a variety of agriculturally based

554

products, such as fruits, vegetables, timber, and other crops, as

555

well as juices, paper, and building materials. These rural

556

agricultural industrial centers may have a significant amount of

557

existing associated infrastructure that is used for the

558

processing, production, or distribution of agricultural products.

559

     2. Such rural agricultural industrial centers often are

560

located within or near communities in which the economy is

561

largely dependent upon agriculture and agriculturally based

562

products. These centers significantly enhance the economy of such

563

communities. However, these agriculturally based communities

564

often are socioeconomically challenged and many such communities

565

have been designated as rural areas of critical economic concern.

566

If these existing rural agricultural industrial centers are lost

567

and or not replaced with other job-creating enterprises, these

568

agriculturally based communities may lose a substantial amount of

569

their economies.

570

     3. The state has a compelling interest in preserving the

571

viability of agriculture and protecting rural agricultural

572

communities and the state from the economic upheaval that could

573

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

574

agricultural economy. To protect such communities and promote

575

viable agriculture for the long term, it is essential to

576

encourage and permit diversification of existing rural

577

agricultural industrial centers by providing for jobs that are

578

not solely dependent upon but are compatible with and complement

579

existing agricultural industrial operations and to encourage the

580

creation and expansion of industries that use agricultural

581

products in innovative or new ways. However, the expansion and

582

diversification of these existing centers must be accomplished in

583

a manner that does not promote urban sprawl into surrounding

584

agricultural and rural areas.

585

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

586

agricultural industrial center" means a developed parcel of land

587

in an unincorporated area on which there exists an operating

588

agricultural industrial facility or facilities that employ at

589

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

590

for processing and preparing for transport a farm product, as

591

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

592

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

593

renewable energy, bioenergy, or alternative fuel as defined by

594

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

595

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

596

on which other existing activities essential to the operation of

597

such facility or facilities are located or conducted. The parcel

598

of land must be located within or in reasonable proximity, not to

599

exceed 10 miles, to a rural area of critical economic concern.

600

     (c) A landowner within a rural agricultural industrial

601

center may apply for an amendment to the local government

602

comprehensive plan for the purpose of designating and expanding

603

the existing agricultural industrial uses or facilities located

604

in the center or expanding the existing center to include

605

industrial uses or facilities that are not dependent upon but are

606

compatible with agriculture and the existing uses and facilities.

607

An application for a comprehensive plan amendment under this

608

paragraph:

609

     1. May not increase the physical area of the original

610

existing rural agricultural industrial center by more than 50

611

percent or 200 acres, whichever is greater;

612

     2. Must propose a project that would create, upon

613

completion, at least 50 new full-time jobs;

614

     3. Must demonstrate that infrastructure capacity exists or

615

will be provided to support the expanded center at level-of-

616

service standards adopted in the local government comprehensive

617

plan;

618

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

619

prevent urban sprawl in the areas surrounding the expanded

620

center, or demonstrate that the local government comprehensive

621

plan contains such provisions; and

622

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

623

ensure that any adverse environmental impacts of the expanded

624

center will be adequately addressed and mitigated, or demonstrate

625

that the local government comprehensive plan contains such

626

provisions.

627

628

An amendment that meets the requirements of this subsection is

629

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

630

Administrative Code. This presumption may be rebutted by a

631

preponderance of the evidence.

632

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

633

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

634

stewardship area designated pursuant to subsection (11). Local

635

governments are encouraged to develop a community vision that

636

provides for sustainable growth, recognizes its fiscal

637

constraints, and protects its natural resources. At the request

638

of a local government, the applicable regional planning council

639

shall provide assistance in the development of a community

640

vision.

641

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

642

under this section, the local government must hold two public

643

meetings with at least one of those meetings before the local

644

planning agency. Before those public meetings, the local

645

government must hold at least one public workshop with

646

stakeholder groups such as neighborhood associations, community

647

organizations, businesses, private property owners, housing and

648

development interests, and environmental organizations.

649

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

650

of the following topics as part of the workshops and public

651

meetings required under paragraph (a):

652

     1. Future growth in the area using population forecasts

653

from the Bureau of Economic and Business Research;

654

     2. Priorities for economic development;

655

     3. Preservation of open space, environmentally sensitive

656

lands, and agricultural lands;

657

     4. Appropriate areas and standards for mixed-use

658

development;

659

     5. Appropriate areas and standards for high-density

660

commercial and residential development;

661

     6. Appropriate areas and standards for economic development

662

opportunities and employment centers;

663

     7. Provisions for adequate workforce housing;

664

     8. An efficient, interconnected multimodal transportation

665

system; and

666

     9. Opportunities to create land use patterns that

667

accommodate the issues listed in subparagraphs 1.-8.

668

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

669

government must discuss strategies for addressing the topics

670

discussed under paragraph (b), including:

671

     1. Strategies to preserve open space and environmentally

672

sensitive lands, and to encourage a healthy agricultural economy,

673

including innovative planning and development strategies, such as

674

the transfer of development rights;

675

     2. Incentives for mixed-use development, including

676

increased height and intensity standards for buildings that

677

provide residential use in combination with office or commercial

678

space;

679

     3. Incentives for workforce housing;

680

     4. Designation of an urban service boundary pursuant to

681

subsection (2); and

682

     5. Strategies to provide mobility within the community and

683

to protect the Strategic Intermodal System, including the

684

development of a transportation corridor management plan under s.

685

337.273.

686

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

687

shared concept for growth and development of the community,

688

including visual representations depicting the desired land use

689

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

690

timeframe. The community vision must also take into consideration

691

economic viability of the vision and private property interests.

692

     (e) After the workshops and public meetings required under

693

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

694

comprehensive plan to include the community vision as a component

695

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

696

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

697

hearings of the governing body other than those identified in

698

paragraph (a).

699

     (f) Amendments submitted under this subsection are exempt

700

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

701

163.3187.

702

     (g) A local government that has developed a community

703

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

704

before July 1, 2005, which substantially accomplishes the goals

705

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

706

or objectives have been adopted as part of the comprehensive plan

707

or reflected in subsequently adopted land development regulations

708

and the plan amendment incorporating the community vision as a

709

component has been found in compliance is eligible for the

710

incentives in s. 163.3184(17).

711

     (14) Local governments are also encouraged to designate an

712

urban service boundary. This area must be appropriate for

713

compact, contiguous urban development within a 10-year planning

714

timeframe. The urban service area boundary must be identified on

715

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

716

demonstrate that the land included within the urban service

717

boundary is served or is planned to be served with adequate

718

public facilities and services based on the local government's

719

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

720

facilities plan in the capital improvements element which is

721

financially feasible. The local government shall demonstrate that

722

the amount of land within the urban service boundary does not

723

exceed the amount of land needed to accommodate the projected

724

population growth at densities consistent with the adopted

725

comprehensive plan within the 10-year planning timeframe.

726

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

727

boundary, the local government must hold two public meetings with

728

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

729

Before those public meetings, the local government must hold at

730

least one public workshop with stakeholder groups such as

731

neighborhood associations, community organizations, businesses,

732

private property owners, housing and development interests, and

733

environmental organizations.

734

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

735

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

736

comprehensive plan to include the urban service boundary. This

737

plan amendment must be transmitted and adopted pursuant to the

738

procedures in ss. 163.3184 and 163.3189 at meetings of the

739

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

740

     2. This subsection does not prohibit new development

741

outside an urban service boundary. However, a local government

742

that establishes an urban service boundary under this subsection

743

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

744

new development outside the boundary and to consider the results

745

of that analysis when adopting a plan amendment for property

746

outside the established urban service boundary.

747

     (c) Amendments submitted under this subsection are exempt

748

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

749

163.3187.

750

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

751

boundary before July 1, 2005, which substantially accomplishes

752

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

753

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

754

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

755

to satisfy the provisions of this paragraph, the local government

756

must secure a determination from the state land planning agency

757

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

758

substantially complies with the criteria of this subsection,

759

based on data and analysis submitted by the local government to

760

support this determination. The determination by the state land

761

planning agency is not subject to administrative challenge.

762

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

763

163.31771, Florida Statutes, are amended to read:

764

     163.31771  Accessory dwelling units.--

765

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

766

shortage of affordable rentals within its jurisdiction, the local

767

government may amend its comprehensive plan adopt an ordinance to

768

allow accessory dwelling units in any area zoned for single-

769

family residential use.

770

     (4) If the local government amends its comprehensive plan

771

pursuant to adopts an ordinance under this section, an

772

application for a building permit to construct an accessory

773

dwelling unit must include an affidavit from the applicant which

774

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

775

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

776

income person or persons.

777

     (5) Each accessory dwelling unit allowed by the

778

comprehensive plan an ordinance adopted under this section shall

779

apply toward satisfying the affordable housing component of the

780

housing element in the local government's comprehensive plan

781

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

782

recorded land use restriction agreement restricting its use to

783

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

784

purposes of transportation concurrency or impact fees. Accessory

785

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

786

hazard area or on lands identified as environmentally sensitive

787

in the local comprehensive plan.

788

     (6) The Department of Community Affairs shall evaluate the

789

effectiveness of using accessory dwelling units to address a

790

local government's shortage of affordable housing and report to

791

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

792

number of ordinances adopted by a local government under this

793

section and the number of accessory dwelling units that were

794

created under these ordinances.

795

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

796

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

797

     163.3178  Coastal management.--

798

     (2)  Each coastal management element required by s.

799

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

800

consistent with coastal resource plans prepared and adopted

801

pursuant to general or special law; and contain:

802

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

803

criteria for mitigation for a comprehensive plan amendment in a

804

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

805

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

806

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

807

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

808

computerized storm surge model. Except as demonstrated by site-

809

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

810

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

811

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

812

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

813

illustrated in the most current SLOSH Storm Surge Atlas.

814

Application of mitigation and the application of development and

815

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

816

adopted thereunder, shall be at the discretion of the local

817

government.

818

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

819

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

820

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

821

in this section.

822

     (a) A proposed comprehensive plan amendment shall be found

823

in compliance with state coastal high-hazard provisions pursuant

824

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

825

     1. The area subject to the amendment is not:

826

     a. Within a designated area of critical state concern;

827

     b. Inclusive of areas within the FEMA velocity zones;

828

     c. Subject to coastal erosion;

829

     d. Seaward of the coastal construction control line; or

830

     e. Subject to repetitive damage from coastal storms and

831

floods.

832

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

833

of its comprehensive plan:

834

     a. Hazard mitigation strategies that reduce, replace, or

835

eliminate unsafe structures and properties subject to repetitive

836

losses from coastal storms or floods.

837

     b. Measures that reduce exposure to hazards including:

838

     (I) Relocation;

839

     (II) Structural modifications of threatened infrastructure;

840

     (III) Provisions for operational or capacity improvements

841

to maintain hurricane evacuation clearance times within

842

established limits; and

843

     (IV) Prohibiting public expenditures for capital

844

improvements that subsidize increased densities and intensities

845

of development within the coastal high-hazard area.

846

     c. A postdisaster redevelopment plan.

847

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

848

hurricane evacuation clearance time is maintained for a category

849

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

850

adopted out-of-county hurricane evacuation clearance time does

851

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

852

shelter space;

853

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

854

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

855

and shelter space reasonably expected to accommodate the

856

residents of the development contemplated by a proposed

857

comprehensive plan amendment is available; or

858

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

859

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

860

achieved. will satisfy the provisions of subparagraph 1. or

861

subparagraph 2. Appropriate mitigation shall include, without

862

limitation, payment of money, contribution of land, and

863

construction of hurricane shelters and transportation facilities.

864

Required mitigation may shall not exceed the amount required for

865

a developer to accommodate impacts reasonably attributable to

866

development. A local government and a developer shall enter into

867

a binding agreement to establish memorialize the mitigation plan.

868

The executed agreement must be submitted along with the adopted

869

plan amendment.

870

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

871

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

872

1, 2009 2008, but elect to comply with rule 9J-5.012(3)(b)6. and

873

7., Florida Administrative Code, by following the process in

874

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

875

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

876

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

877

shelter space.

878

     (c) This subsection applies shall become effective

879

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

880

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

881

future land use map and coastal management element to include the

882

new definition of coastal high-hazard area provided in paragraph

883

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

884

land use map.

885

     Section 6.  Section 163.3180, Florida Statutes, is amended

886

to read:

887

     163.3180  Concurrency.--

888

     (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.--

889

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

890

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

891

transportation facilities, including mass transit, where

892

applicable, are the only public facilities and services subject

893

to the concurrency requirement on a statewide basis. Additional

894

public facilities and services may not be made subject to

895

concurrency on a statewide basis without appropriate study and

896

approval by the Legislature; however, any local government may

897

extend the concurrency requirement so that it applies to apply to

898

additional public facilities within its jurisdiction.

899

     (b) Transportation methodologies.--Local governments shall

900

use professionally accepted techniques for measuring level of

901

service for automobiles, bicycles, pedestrians, transit, and

902

trucks. These techniques may be used to evaluate increased

903

accessibility by multiple modes and reductions in vehicle miles

904

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

905

the Department of Transportation shall develop methodologies to

906

assist local governments in implementing this multimodal level-

907

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

908

the Department of Transportation shall provide technical

909

assistance to local governments in applying the these

910

methodologies.

911

     (2) PUBLIC FACILITY AVAILABILITY STANDARDS.--

912

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

913

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

914

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

915

adequate water supplies, and potable water facilities shall be in

916

place and available to serve new development no later than the

917

issuance by the local government of a certificate of occupancy or

918

its functional equivalent. Prior to approval of a building permit

919

or its functional equivalent, the local government shall consult

920

with the applicable water supplier to determine whether adequate

921

water supplies to serve the new development will be available by

922

no later than the anticipated date of issuance by the local

923

government of the a certificate of occupancy or its functional

924

equivalent. A local government may meet the concurrency

925

requirement for sanitary sewer through the use of onsite sewage

926

treatment and disposal systems approved by the Department of

927

Health to serve new development.

928

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

929

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

930

parks and recreation facilities to serve new development shall be

931

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

932

after issuance by the local government of a certificate of

933

occupancy or its functional equivalent. However, the acreage for

934

such facilities must shall be dedicated or be acquired by the

935

local government prior to issuance by the local government of the

936

a certificate of occupancy or its functional equivalent, or funds

937

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

938

later than the local government's approval to commence

939

construction.

940

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

941

welfare, and except as otherwise provided in this section,

942

transportation facilities needed to serve new development must

943

shall be in place or under actual construction within 3 years

944

after the local government approves a building permit or its

945

functional equivalent that results in traffic generation.

946

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

947

entities that are not responsible for providing, financing,

948

operating, or regulating public facilities needed to serve

949

development may not establish binding level-of-service standards

950

on governmental entities that do bear those responsibilities.

951

This subsection does not limit the authority of any agency to

952

recommend or make objections, recommendations, comments, or

953

determinations during reviews conducted under s. 163.3184.

954

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

955

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

956

requirement as implemented in local comprehensive plans applies

957

to state and other public facilities and development to the same

958

extent that it applies to all other facilities and development,

959

as provided by law.

960

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

961

as implemented in local comprehensive plans does not apply to

962

public transit facilities. For the purposes of this paragraph,

963

public transit facilities include transit stations and terminals;

964

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

965

transit connection or transfer facilities; fixed bus, guideway,

966

and rail stations; and airport passenger terminals and

967

concourses, air cargo facilities, and hangars for the maintenance

968

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

969

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

970

commercial or residential development constructed in conjunction

971

with a public transit facility.

972

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

973

requirement, except as it relates to transportation facilities

974

and public schools, as implemented in local government

975

comprehensive plans, may be waived by a local government for

976

urban infill and redevelopment areas designated pursuant to s.

977

163.2517 if such a waiver does not endanger public health or

978

safety as defined by the local government in its local government

979

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

980

amendment using pursuant to the process set forth in s.

981

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

982

exception pursuant to subsection (5) for transportation

983

facilities located within these urban infill and redevelopment

984

areas.

985

     (5) TRANSPORTATION CONCURRENCY EXCEPTION AREAS.--

986

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

987

Legislature finds that under limited circumstances dealing with

988

transportation facilities, countervailing planning and public

989

policy goals may come into conflict with the requirement that

990

adequate public transportation facilities and services be

991

available concurrent with the impacts of such development. The

992

Legislature further finds that often the unintended result of the

993

concurrency requirement for transportation facilities is often

994

the discouragement of urban infill development and redevelopment.

995

Such unintended results directly conflict with the goals and

996

policies of the state comprehensive plan and the intent of this

997

part. The Legislature also finds that in urban centers

998

transportation cannot be effectively managed and mobility cannot

999

be improved solely through the expansion of roadway capacity,

1000

that the expansion of roadway capacity is not always physically

1001

or financially possible, and that a range of transportation

1002

alternatives are essential to satisfy mobility needs, reduce

1003

congestion, and achieve healthy, vibrant centers. Therefore,

1004

exceptions from the concurrency requirement for transportation

1005

facilities may be granted as provided by this subsection.

1006

     (b) Geographic applicability.--

1007

     1. Within municipalities, transportation concurrency

1008

exception areas are established for geographic areas identified

1009

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

1010

2008, for:

1011

     a. Urban infill development;

1012

     b. Urban redevelopment;

1013

     c. Downtown revitalization; or

1014

     d. Urban infill and redevelopment under s. 163.2517.

1015

     2. In other portions of the state, including municipalities

1016

and unincorporated areas of counties, a local government may

1017

adopt a comprehensive plan amendment establishing a

1018

transportation concurrency exception area grant an exception from

1019

the concurrency requirement for transportation facilities if the

1020

proposed development is otherwise consistent with the adopted

1021

local government comprehensive plan and is a project that

1022

promotes public transportation or is located within an area

1023

designated in the comprehensive plan for:

1024

     a.1. Urban infill development;

1025

     b.2. Urban redevelopment;

1026

     c.3. Downtown revitalization;

1027

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

1028

     e.5. An urban service area consisting of specifically

1029

designated as a transportation concurrency exception area which

1030

includes lands appropriate for compact, contiguous urban

1031

development, which does not exceed the amount of land needed to

1032

accommodate the projected population growth at densities

1033

consistent with the adopted comprehensive plan within the 10-year

1034

planning period, and which is served or is planned to be served

1035

with public facilities and services as provided by the capital

1036

improvements element.

1037

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

1038

Legislature also finds that developments located within urban

1039

infill, urban redevelopment, existing urban service, or downtown

1040

revitalization areas or areas designated as urban infill and

1041

redevelopment areas under s. 163.2517 which pose only special

1042

part-time demands on the transportation system should be excepted

1043

from the concurrency requirement for transportation facilities. A

1044

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

1045

scheduled events during any calendar year and does not affect the

1046

100 highest traffic volume hours.

1047

     (d) Long-term strategies within transportation concurrency

1048

exception areas.--Except for transportation concurrency exception

1049

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

1050

requirements apply: A local government shall establish guidelines

1051

in the comprehensive plan for granting the exceptions authorized

1052

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

1053

be consistent with and support a comprehensive strategy adopted

1054

in the plan to promote the purpose of the exceptions.

1055

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

1056

implement long-term strategies to support and fund mobility

1057

within the designated exception area, including alternative modes

1058

of transportation. The plan amendment must also demonstrate how

1059

strategies will support the purpose of the exception and how

1060

mobility within the designated exception area will be provided.

1061

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

1062

appropriate land use mixes, including intensity and density; and

1063

network connectivity plans needed to promote urban infill,

1064

redevelopment, or downtown revitalization. The comprehensive plan

1065

amendment designating the concurrency exception area must be

1066

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

1067

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

1068

designation of a concurrency exception area pursuant to

1069

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

1070

Department of Transportation shall be consulted by the local

1071

government to assess the impact that the proposed exception area

1072

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

1073

established for Strategic Intermodal System facilities, as

1074

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

1075

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

1076

Further, as a part of the comprehensive plan amendment

1077

establishing the exception area, the local government shall

1078

provide for mitigation of impacts, in consultation with the state

1079

land planning agency and the Department of Transportation,

1080

develop a plan to mitigate any impacts to the Strategic

1081

Intermodal System, including, if appropriate, access management,

1082

parallel reliever roads, transportation demand management, or

1083

other measures the development of a long-term concurrency

1084

management system pursuant to subsection (9) and s.

1085

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

1086

specific geographic area of the jurisdiction designated in the

1087

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

1088

a plan amendment establishing these guidelines and the areas

1089

within which an exception could be granted.

1090

     (g) Transportation concurrency exception areas existing

1091

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

1092

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

1093

plan update pursuant to the evaluation and appraisal report,

1094

whichever occurs last.

1095

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

1096

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

1097

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

1098

the maximum volume at the adopted level of service of the

1099

affected transportation facility as determined by the local

1100

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

1101

existing roadway volumes and the projected volumes from approved

1102

projects on a transportation facility exceeds would exceed 110

1103

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

1104

the affected transportation facility; provided however, the that

1105

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

1106

constitute a de minimis impact on all roadways regardless of the

1107

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

1108

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

1109

level-of-service standard of any affected designated hurricane

1110

evacuation routes. Each local government shall maintain

1111

sufficient records to ensure that the 110-percent criterion is

1112

not exceeded. Each local government shall submit annually, with

1113

its updated capital improvements element, a summary of the de

1114

minimis records. If the state land planning agency determines

1115

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

1116

planning agency shall notify the local government of the

1117

exceedance and that no further de minimis exceptions for the

1118

applicable roadway may be granted until such time as the volume

1119

is reduced below the 110 percent. The local government shall

1120

provide proof of this reduction to the state land planning agency

1121

before issuing further de minimis exceptions.

1122

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

1123

infill development and redevelopment, one or more transportation

1124

concurrency management areas may be designated in a local

1125

government comprehensive plan. A transportation concurrency

1126

management area must be a compact geographic area that has with

1127

an existing network of roads where multiple, viable alternative

1128

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

1129

government may establish an areawide level-of-service standard

1130

for such a transportation concurrency management area based upon

1131

an analysis that provides for a justification for the areawide

1132

level of service, how urban infill development or redevelopment

1133

will be promoted, and how mobility will be accomplished within

1134

the transportation concurrency management area. Prior to the

1135

designation of a concurrency management area, the local

1136

government shall consult with the state land planning agency and

1137

the Department of Transportation shall be consulted by the local

1138

government to assess the impact that the proposed concurrency

1139

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

1140

service standards established for Strategic Intermodal System

1141

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

1142

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

1143

government shall, in cooperation with the state land planning

1144

agency and the Department of Transportation, develop a plan to

1145

mitigate any impacts to the Strategic Intermodal System,

1146

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

1147

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

1148

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

1149

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

1150

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

1151

comprehensive plan update pursuant to the evaluation and

1152

appraisal report, whichever occurs last. The state land planning

1153

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

1154

be consistent with this subsection.

1155

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

1156

impacts of proposed urban redevelopment within an established

1157

existing urban service area, 150 110 percent of the actual

1158

transportation impact caused by the previously existing

1159

development must be reserved for the redevelopment, even if the

1160

previously existing development has a lesser or nonexisting

1161

impact pursuant to the calculations of the local government.

1162

Redevelopment requiring less than 150 110 percent of the

1163

previously existing capacity may shall not be prohibited due to

1164

the reduction of transportation levels of service below the

1165

adopted standards. This does not preclude the appropriate

1166

assessment of fees or accounting for the impacts within the

1167

concurrency management system and capital improvements program of

1168

the affected local government. This paragraph does not affect

1169

local government requirements for appropriate development

1170

permits.

1171

     (9) LONG-TERM CONCURRENCY MANAGEMENT.--

1172

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

1173

long-term transportation and school concurrency management

1174

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

1175

specially designated districts or areas where significant

1176

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

1177

standards on certain facilities and shall rely on the local

1178

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

1179

as a basis for issuing development orders that authorize

1180

commencement of construction in these designated districts or

1181

areas. The concurrency management system must be designed to

1182

correct existing deficiencies and set priorities for addressing

1183

backlogged facilities and be coordinated with the appropriate

1184

metropolitan planning organization. The concurrency management

1185

system must be financially feasible and consistent with other

1186

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

1187

map.

1188

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

1189

facility backlog for existing development which cannot be

1190

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

1191

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

1192

capital improvements covering up to 15 years for good and

1193

sufficient cause, based on a general comparison between the that

1194

local government and all other similarly situated local

1195

jurisdictions, using the following factors:

1196

     1.  The extent of the backlog.

1197

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

1198

roads.

1199

     3.  The cost of eliminating the backlog.

1200

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

1201

efforts.

1202

     (c)  The local government may issue approvals to commence

1203

construction notwithstanding this section, consistent with and in

1204

areas that are subject to a long-term concurrency management

1205

system.

1206

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

1207

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

1208

minimum, the local government must assess its progress toward

1209

improving levels of service within the long-term concurrency

1210

management district or area in the evaluation and appraisal

1211

report and determine any changes that are necessary to accelerate

1212

progress in meeting acceptable levels of service.

1213

     (e) The Department of Transportation shall develop a

1214

transportation methodology to determine the internal capture rate

1215

of a development of regional impact when fully developed. The

1216

transportation methodology must use a regional transportation

1217

model that incorporates professionally accepted modeling

1218

techniques applicable to such developments. The methodology

1219

review must be completed by March 1, 2009.

1220

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

1221

regard to roadway facilities on the Strategic Intermodal System

1222

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

1223

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

1224

338.001, and roadway facilities funded in accordance with s.

1225

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

1226

standard established by the Department of Transportation by rule.

1227

For all other roads on the State Highway System, local

1228

governments shall establish an adequate level-of-service standard

1229

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

1230

established by the Department of Transportation. In establishing

1231

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

1232

collector roads as appropriate, which traverse multiple

1233

jurisdictions, local governments shall consider compatibility

1234

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

1235

adjacent jurisdictions. Each local government within a county

1236

shall use a professionally accepted methodology for measuring

1237

impacts on transportation facilities for the purposes of

1238

implementing its concurrency management system. Counties are

1239

encouraged to coordinate with adjacent counties, and local

1240

governments within a county are encouraged to coordinate, for the

1241

purpose of using common methodologies for measuring impacts on

1242

transportation facilities for the purpose of implementing their

1243

concurrency management systems.

1244

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

1245

liability of local governments, a local government may allow a

1246

landowner to proceed with development of a specific parcel of

1247

land notwithstanding a failure of the development to satisfy

1248

transportation concurrency, if when all the following factors are

1249

shown to exist:

1250

     (a) The local government that has with jurisdiction over

1251

the property has adopted a local comprehensive plan that is in

1252

compliance.

1253

     (b) The proposed development is would be consistent with

1254

the future land use designation for the specific property and

1255

with pertinent portions of the adopted local plan, as determined

1256

by the local government.

1257

     (c)  The local plan includes a financially feasible capital

1258

improvements element that provides for transportation facilities

1259

adequate to serve the proposed development, and the local

1260

government has not implemented that element.

1261

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

1262

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

1263

cost of providing the transportation facilities necessary to

1264

serve the proposed development.

1265

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

1266

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

1267

the transportation facilities to serve the proposed development.

1268

     (12) REGIONAL IMPACT PROPORTIONATE SHARE.--

1269

     (a) A development of regional impact may satisfy the

1270

transportation concurrency requirements of the local

1271

comprehensive plan, the local government's concurrency management

1272

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

1273

contribution for local and regionally significant traffic

1274

impacts, if:

1275

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

1276

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

1277

pedestrian or other nonautomotive modes of transportation;

1278

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

1279

regionally significant traffic impacts is sufficient to pay for

1280

one or more required mobility improvements that will benefit the

1281

network of a regionally significant transportation facilities.

1282

The state land planning agency may appeal the development order

1283

pursuant to s.380.07 if the development order directs

1284

transportation mobility improvements under this subsection to one

1285

or more local governments in a manner that is substantially

1286

disproportionate to the extrajurisdictional impacts of the

1287

development of regional impact on significantly affected local

1288

governments after taking into consideration the overall benefit

1289

to the regional transportation network facility;

1290

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

1291

regional impact pays or assures payment of the proportionate-

1292

share contribution; and

1293

     4.(d) If The regionally significant transportation facility

1294

to be constructed or improved is under the maintenance authority

1295

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

1296

other than the local government that has with jurisdiction over

1297

the development of regional impact, the developer must is

1298

required to enter into a binding and legally enforceable

1299

commitment to transfer funds to the governmental entity having

1300

maintenance authority or to otherwise assure construction or

1301

improvement of the facility.

1302

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

1303

any transportation facility to satisfy the provisions of this

1304

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

1305

purposes of this subsection, the amount of the proportionate-

1306

share contribution shall be calculated based upon the cumulative

1307

number of trips from the proposed development expected to reach

1308

roadways during the peak hour from the complete buildout of a

1309

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

1310

hour maximum service volume of roadways resulting from

1311

construction of an improvement necessary to maintain the adopted

1312

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

1313

time of developer payment, of the improvement necessary to

1314

maintain the adopted level of service. The determination of

1315

mitigation for a subsequent phase or stage of development shall

1316

account for any mitigation required by the development order and

1317

provided by the developer for any earlier phase or stage,

1318

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

1319

term:

1320

     1. "Backlogged transportation facility" means a facility on

1321

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

1322

existing trips plus committed trips. A developer may not be

1323

required to fund or construct proportionate-share mitigation for

1324

any backlogged transportation facility which is more extensive

1325

than mitigation necessary to offset the impact of the development

1326

project in question.

1327

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

1328

includes all associated costs of the improvement. The

1329

proportionate-share contribution shall include the costs

1330

associated with accommodating a transit facility within the

1331

development of regional impact which is in a county's or the

1332

Department of Transportation's long-range plan and shall be

1333

credited against a development of regional impact's

1334

proportionate-share contribution. Proportionate-share mitigation

1335

shall be limited to ensure that a development of regional impact

1336

meeting the requirements of this subsection mitigates its impact

1337

on the transportation system but is not responsible for the

1338

additional cost of reducing or eliminating backlogs.

1339

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

1340

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

1341

construction improvements contribution adjusted by the Consumer

1342

Price Index.

1343

1344

This subsection also applies to Florida Quality Developments

1345

pursuant to s. 380.061 and to detailed specific area plans

1346

implementing optional sector plans pursuant to s. 163.3245.

1347

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

1348

established on a districtwide basis and shall include all public

1349

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

1350

located in a municipality or an unincorporated area unless exempt

1351

from the public school facilities element pursuant to s.

1352

163.3177(12). The application of school concurrency to

1353

development shall be based upon the adopted comprehensive plan,

1354

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

1355

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

1356

land planning agency the necessary plan amendments, along with

1357

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

1358

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

1359

concurrency are the following:

1360

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

1361

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

1362

or plan amendment which includes a public school facilities

1363

element which is consistent with the requirements of s.

1364

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

1365

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

1366

facilities plan elements within a county must be consistent with

1367

each other as well as the requirements of this part.

1368

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

1369

that an essential requirement for a concurrency management system

1370

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

1371

operate.

1372

     1.  Local governments and school boards imposing school

1373

concurrency shall exercise authority in conjunction with each

1374

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

1375

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

1376

necessary to implement the adopted local government comprehensive

1377

plan, based on data and analysis.

1378

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

1379

included and adopted into the capital improvements element of the

1380

local comprehensive plan and shall apply districtwide to all

1381

schools of the same type. Types of schools may include

1382

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

1383

facilities such as magnet schools.

1384

     3. Local governments and school boards may use shall have

1385

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

1386

time to achieve an adequate and desirable level of service as

1387

circumstances warrant.

1388

     4. For purposes of determining whether levels of service

1389

have been achieved, a school district that includes relocatables

1390

in its inventory of student stations shall include the capacity

1391

of such relocatables as provided in s. 1013.35(2)(b)2.f.

1392

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

1393

essential requirement for a concurrency system is a designation

1394

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

1395

when an application for a residential development permit is

1396

reviewed for school concurrency purposes. This delineation is

1397

also important for purposes of determining whether the local

1398

government has a financially feasible public school capital

1399

facilities program for that will provide schools which will

1400

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

1401

     1.  In order to balance competing interests, preserve the

1402

constitutional concept of uniformity, and avoid disruption of

1403

existing educational and growth management processes, local

1404

governments are encouraged to initially apply school concurrency

1405

to development only on a districtwide basis so that a concurrency

1406

determination for a specific development is will be based upon

1407

the availability of school capacity districtwide. To ensure that

1408

development is coordinated with schools having available

1409

capacity, within 5 years after adoption of school concurrency,

1410

local governments shall apply school concurrency on a less than

1411

districtwide basis, such as using school attendance zones or

1412

concurrency service areas, as provided in subparagraph 2.

1413

     2.  For local governments applying school concurrency on a

1414

less than districtwide basis, such as utilizing school attendance

1415

zones or larger school concurrency service areas, local

1416

governments and school boards shall have the burden of

1417

demonstrating to demonstrate that the utilization of school

1418

capacity is maximized to the greatest extent possible in the

1419

comprehensive plan and amendment, taking into account

1420

transportation costs and court-approved desegregation plans, as

1421

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

1422

concurrency within the service area boundaries selected by local

1423

governments and school boards, the service area boundaries,

1424

together with the standards for establishing those boundaries,

1425

shall be identified and included as supporting data and analysis

1426

for the comprehensive plan.

1427

     3.  Where school capacity is available on a districtwide

1428

basis but school concurrency is applied on a less than

1429

districtwide basis in the form of concurrency service areas, if

1430

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

1431

particular service area as applied to an application for a

1432

development permit and if the needed capacity for the particular

1433

service area is available in one or more contiguous service

1434

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

1435

government may not deny an application for site plan or final

1436

subdivision approval or the functional equivalent for a

1437

development or phase of a development on the basis of school

1438

concurrency, and if issued, development impacts shall be shifted

1439

to contiguous service areas with schools having available

1440

capacity.

1441

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

1442

financial feasibility is an important issue because the premise

1443

of concurrency is that the public facilities will be provided in

1444

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

1445

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

1446

Code, contain specific standards for determining to determine the

1447

financial feasibility of capital programs. These standards were

1448

adopted to make concurrency more predictable and local

1449

governments more accountable.

1450

     1.  A comprehensive plan amendment seeking to impose school

1451

concurrency must shall contain appropriate amendments to the

1452

capital improvements element of the comprehensive plan,

1453

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

1454

5.016, Florida Administrative Code. The capital improvements

1455

element must shall set forth a financially feasible public school

1456

capital facilities program, established in conjunction with the

1457

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

1458

standards will be achieved and maintained.

1459

     2. Such amendments to the capital improvements element must

1460

shall demonstrate that the public school capital facilities

1461

program meets all of the financial feasibility standards of this

1462

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

1463

capital programs which provide the basis for mandatory

1464

concurrency on other public facilities and services.

1465

     3. If When the financial feasibility of a public school

1466

capital facilities program is evaluated by the state land

1467

planning agency for purposes of a compliance determination, the

1468

evaluation must shall be based upon the service areas selected by

1469

the local governments and school board.

1470

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

1471

welfare, and except as otherwise provided in this subsection,

1472

public school facilities needed to serve new residential

1473

development shall be in place or under actual construction within

1474

3 years after the issuance of final subdivision or site plan

1475

approval, or the functional equivalent. A local government may

1476

not deny an application for site plan, final subdivision

1477

approval, or the functional equivalent for a development or phase

1478

of a development authorizing residential development for failure

1479

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

1480

school capacity in a local school concurrency management system

1481

where adequate school facilities will be in place or under actual

1482

construction within 3 years after the issuance of final

1483

subdivision or site plan approval, or the functional equivalent.

1484

Any mitigation required of a developer shall be limited to ensure

1485

that a development mitigates its own impact on public school

1486

facilities, but is not responsible for the additional cost of

1487

reducing or eliminating backlogs or addressing class size

1488

reduction. School concurrency is satisfied if the developer

1489

executes a legally binding commitment to provide mitigation

1490

proportionate to the demand for public school facilities to be

1491

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

1492

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

1493

proportionate-share mitigation of impacts on public school

1494

facilities must be established in the public school facilities

1495

element and the interlocal agreement pursuant to s. 163.31777.

1496

     1.  Appropriate mitigation options include the contribution

1497

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

1498

acquisition or construction of a public school facility; the

1499

construction of a charter school that complies with the

1500

requirements of s. 1002.33(18)(f); or the creation of mitigation

1501

banking based on the construction of a public school facility in

1502

exchange for the right to sell capacity credits. Such options

1503

must include execution by the applicant and the local government

1504

of a development agreement that constitutes a legally binding

1505

commitment to pay proportionate-share mitigation for the

1506

additional residential units approved by the local government in

1507

a development order and actually developed on the property,

1508

taking into account residential density allowed on the property

1509

prior to the plan amendment that increased the overall

1510

residential density. The district school board must be a party to

1511

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

1512

development agreement, the local government may require the

1513

landowner to agree to continuing renewal of the agreement upon

1514

its expiration.

1515

     2.  If the education facilities plan and the public

1516

educational facilities element authorize a contribution of land;

1517

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

1518

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

1519

portion thereof, or the construction of a charter school that

1520

complies with the requirements of s. 1002.33(18)(f), as

1521

proportionate-share mitigation, the local government shall credit

1522

such a contribution, construction, expansion, or payment toward

1523

any other impact fee or exaction imposed by local ordinance for

1524

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

1525

For proportionate-share calculations, the percentage of

1526

relocatables, as provided in s. 1013.35(2)(b)2.f., which are used

1527

by a school district shall be considered in determining the

1528

average cost of a student station.

1529

     4.3. Any proportionate-share mitigation must be directed by

1530

the school board toward a school capacity improvement identified

1531

in a financially feasible 5-year district work plan that

1532

satisfies the demands created by the development in accordance

1533

with a binding developer's agreement.

1534

     5.4. If a development is precluded from commencing because

1535

there is inadequate classroom capacity to mitigate the impacts of

1536

the development, the development may nevertheless commence if

1537

there are accelerated facilities in an approved capital

1538

improvement element scheduled for construction in year four or

1539

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

1540

development, or if such accelerated facilities will be in the

1541

next annual update of the capital facilities element, the

1542

developer enters into a binding, financially guaranteed agreement

1543

with the school district to construct an accelerated facility

1544

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

1545

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

1546

the development's proportionate share. When the completed school

1547

facility is conveyed to the school district, the developer shall

1548

receive impact fee credits usable within the zone where the

1549

facility is constructed or any attendance zone contiguous with or

1550

adjacent to the zone where the facility is constructed.

1551

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

1552

government to deny a development permit or its functional

1553

equivalent pursuant to its home rule regulatory powers, except as

1554

provided in this part.

1555

     (f)  Intergovernmental coordination.--

1556

     1.  When establishing concurrency requirements for public

1557

schools, a local government shall satisfy the requirements for

1558

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

1559

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

1560

signatory to the interlocal agreement required by ss.

1561

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

1562

imposition of school concurrency, and as a nonsignatory, may

1563

shall not participate in the adopted local school concurrency

1564

system, if the municipality meets all of the following criteria

1565

for not having a no significant impact on school attendance:

1566

     a.  The municipality has issued development orders for fewer

1567

than 50 residential dwelling units during the preceding 5 years,

1568

or the municipality has generated fewer than 25 additional public

1569

school students during the preceding 5 years.

1570

     b.  The municipality has not annexed new land during the

1571

preceding 5 years in land use categories which permit residential

1572

uses that will affect school attendance rates.

1573

     c.  The municipality has no public schools located within

1574

its boundaries.

1575

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

1576

boundaries of the municipality has been built upon.

1577

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

1578

significant impact on school attendance pursuant to the criteria

1579

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

1580

evaluation and appraisal report pursuant to s. 163.3191 whether

1581

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

1582

the municipality determines that it no longer meets the criteria,

1583

it must adopt appropriate school concurrency goals, objectives,

1584

and policies in its plan amendments based on the evaluation and

1585

appraisal report, and enter into the existing interlocal

1586

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

1587

order to fully participate in the school concurrency system. If

1588

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

1589

enforcement provisions of s. 163.3191.

1590

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

1591

establishing concurrency requirements for public schools, a local

1592

government must enter into an interlocal agreement that satisfies

1593

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

1594

the requirements of this subsection. The interlocal agreement

1595

must shall acknowledge both the school board's constitutional and

1596

statutory obligations to provide a uniform system of free public

1597

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

1598

local governments, including their authority to approve or deny

1599

comprehensive plan amendments and development orders. The

1600

interlocal agreement shall be submitted to the state land

1601

planning agency by the local government as a part of the

1602

compliance review, along with the other necessary amendments to

1603

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

1604

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

1605

agreement must shall meet the following requirements:

1606

     1. Establish the mechanisms for coordinating the

1607

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

1608

public school facilities element with each other and the plans of

1609

the school board to ensure a uniform districtwide school

1610

concurrency system.

1611

     2. Establish a process for developing the development of

1612

siting criteria that which encourages the location of public

1613

schools proximate to urban residential areas to the extent

1614

possible and seeks to collocate schools with other public

1615

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

1616

extent possible.

1617

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

1618

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

1619

the adopted level-of-service standards.

1620

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

1621

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

1622

public school capital facilities program that which is

1623

financially feasible, and a process and schedule for

1624

incorporation of the public school capital facilities program

1625

into the local government comprehensive plans on an annual basis.

1626

     5.  Define the geographic application of school concurrency.

1627

If school concurrency is to be applied on a less than

1628

districtwide basis in the form of concurrency service areas, the

1629

agreement must shall establish criteria and standards for the

1630

establishment and modification of school concurrency service

1631

areas. The agreement must shall also establish a process and

1632

schedule for the mandatory incorporation of the school

1633

concurrency service areas and the criteria and standards for

1634

establishment of the service areas into the local government

1635

comprehensive plans. The agreement must shall ensure maximum

1636

utilization of school capacity, taking into account

1637

transportation costs and court-approved desegregation plans, as

1638

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

1639

achievement and maintenance of the adopted level-of-service

1640

standards for the geographic area of application throughout the 5

1641

years covered by the public school capital facilities plan and

1642

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

1643

     6.  Establish a uniform districtwide procedure for

1644

implementing school concurrency which provides for:

1645

     a.  The evaluation of development applications for

1646

compliance with school concurrency requirements, including

1647

information provided by the school board on affected schools,

1648

impact on levels of service, and programmed improvements for

1649

affected schools, and any options to provide sufficient capacity;

1650

     b.  An opportunity for the school board to review and

1651

comment on the effect of comprehensive plan amendments and

1652

rezonings on the public school facilities plan; and

1653

     c.  The monitoring and evaluation of the school concurrency

1654

system.

1655

     7.  Include provisions relating to amendment of the

1656

agreement.

1657

     8.  A process and uniform methodology for determining

1658

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

1659

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

1660

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

1661

development permit or its functional equivalent prior to the

1662

implementation of school concurrency.

1663

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

1664

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

1665

review and determination of compliance of a public school

1666

facilities element adopted by a local government for purposes of

1667

imposition of school concurrency.

1668

     (15) MULTIMODAL DISTRICTS.--

1669

     (a)  Multimodal transportation districts may be established

1670

under a local government comprehensive plan in areas delineated

1671

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

1672

assigns secondary priority to vehicle mobility and primary

1673

priority to assuring a safe, comfortable, and attractive

1674

pedestrian environment, with convenient interconnection to

1675

transit. Such districts must incorporate community design

1676

features that will reduce the number of automobile trips or

1677

vehicle miles of travel and will support an integrated,

1678

multimodal transportation system. Prior to the designation of

1679

multimodal transportation districts, the Department of

1680

Transportation shall be consulted by the local government to

1681

assess the impact that the proposed multimodal district area is

1682

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

1683

established for Strategic Intermodal System facilities, as

1684

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

1685

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

1686

local government shall, in cooperation with the Department of

1687

Transportation, develop a plan to mitigate any impacts to the

1688

Strategic Intermodal System, including the development of a long-

1689

term concurrency management system pursuant to subsection (9) and

1690

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

1691

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

1692

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

1693

comprehensive plan update pursuant to the evaluation and

1694

appraisal report, whichever occurs last.

1695

     (b) Community design elements of such a multimodal

1696

transportation district include: a complementary mix and range of

1697

land uses, including educational, recreational, and cultural

1698

uses; interconnected networks of streets designed to encourage

1699

walking and bicycling, with traffic-calming where desirable;

1700

appropriate densities and intensities of use within walking

1701

distance of transit stops; daily activities within walking

1702

distance of residences, allowing independence to persons who do

1703

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

1704

comfortable, and attractive for the pedestrian, with adjoining

1705

buildings open to the street and with parking not interfering

1706

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

1707

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

1708

service standards that rely primarily on nonvehicular modes of

1709

transportation within the district, if when justified by an

1710

analysis demonstrating that the existing and planned community

1711

design will provide an adequate level of mobility within the

1712

district based upon professionally accepted multimodal level-of-

1713

service methodologies. The analysis must also demonstrate that

1714

the capital improvements required to promote community design are

1715

financially feasible over the development or redevelopment

1716

timeframe for the district and that community design features

1717

within the district provide convenient interconnection for a

1718

multimodal transportation system. Local governments may issue

1719

development permits in reliance upon all planned community design

1720

capital improvements that are financially feasible over the

1721

development or redevelopment timeframe for the district, without

1722

regard to the period of time between development or redevelopment

1723

and the scheduled construction of the capital improvements. A

1724

determination of financial feasibility shall be based upon

1725

currently available funding or funding sources that could

1726

reasonably be expected to become available over the planning

1727

period.

1728

     (d)  Local governments may reduce impact fees or local

1729

access fees for development within multimodal transportation

1730

districts based on the reduction of vehicle trips per household

1731

or vehicle miles of travel expected from the development pattern

1732

planned for the district.

1733

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

1734

in consultation with the state land planning agency and

1735

interested local governments, may designate a study area for

1736

conducting a pilot project to determine the benefits of and

1737

barriers to establishing a regional multimodal transportation

1738

concurrency district that extends over more than one local

1739

government jurisdiction. If designated:

1740

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

1741

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

1742

service area, and have the consent of the local governments

1743

within the study area. The Department of Transportation and the

1744

state land planning agency shall provide technical assistance.

1745

     2.  The local governments within the study area and the

1746

Department of Transportation, in consultation with the state land

1747

planning agency, shall cooperatively create a multimodal

1748

transportation plan that meets the requirements of this section.

1749

The multimodal transportation plan must include viable local

1750

funding options and incorporate community design features,

1751

including a range of mixed land uses and densities and

1752

intensities, which will reduce the number of automobile trips or

1753

vehicle miles of travel while supporting an integrated,

1754

multimodal transportation system.

1755

     3.  To effectuate the multimodal transportation concurrency

1756

district, participating local governments may adopt appropriate

1757

comprehensive plan amendments.

1758

     4.  The Department of Transportation, in consultation with

1759

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

1760

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

1761

Speaker of the House of Representatives on the status of the

1762

pilot project. The report must identify any factors that support

1763

or limit the creation and success of a regional multimodal

1764

transportation district including intergovernmental coordination.

1765

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

1766

local governments as Urban Placemaking Initiative Pilot Projects.

1767

The purpose of the pilot project program is to assist local

1768

communities with redevelopment of primarily single-use suburban

1769

areas that surround strategic corridors and crossroads, and to

1770

create livable, sustainable communities that have a sense of

1771

place. Pilot communities must have a county population of at

1772

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

1773

the pilot project, and have appropriate potential redevelopment

1774

areas suitable for the pilot project. Recognizing that both the

1775

form of existing development patterns and strict application of

1776

transportation concurrency requirements create obstacles to such

1777

redevelopment, the pilot project program shall further the

1778

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

1779

communities that integrate all modes of transportation. The pilot

1780

project program shall provide an alternative regulatory framework

1781

that allows for the creation of a multimodal concurrency district

1782

that over the planning time period allows pilot project

1783

communities to incrementally realize the goals of the

1784

redevelopment area by guiding redevelopment of parcels and

1785

cultivating multimodal development in targeted transitional

1786

suburban areas. The Department of Transportation shall provide

1787

technical support to the state land planning agency and the

1788

department and the agency shall provide technical assistance to

1789

the local governments in the implementation of the pilot

1790

projects.

1791

     1. Each pilot project community shall adopt criteria for

1792

designation of specific urban placemaking redevelopment areas and

1793

general location maps in the future land use element of its

1794

comprehensive plan. Such redevelopment areas must be within an

1795

urban service area that meets the requirements of sub-

1796

subparagraph (5)(b)2.e. Each pilot project community shall also

1797

adopt comprehensive plan amendments that set forth criteria for

1798

the development of the urban placemaking areas and that contain

1799

land use and transportation strategies, including, but not

1800

limited to, the community design elements set forth in paragraph

1801

(b). A pilot project community shall undertake a process of

1802

public engagement to coordinate community vision, citizen

1803

interest, and development goals for developments within the urban

1804

placemaking redevelopment areas.

1805

     2. Each pilot project community may assign transportation

1806

concurrency or trip generation credits and impact fee exemptions

1807

or reductions and establish concurrency exceptions for

1808

developments that meet the adopted comprehensive plan criteria

1809

for urban placemaking redevelopment areas.

1810

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

1811

Legislature to provide a method by which the impacts of

1812

development on transportation facilities can be mitigated by the

1813

cooperative efforts of the public and private sectors. The

1814

methodology used to calculate proportionate fair-share mitigation

1815

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

1816

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

1817

by ordinance a methodology for assessing proportionate fair-share

1818

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

1819

Transportation shall develop a model transportation concurrency

1820

management ordinance that has with methodologies for assessing

1821

proportionate fair-share mitigation options.

1822

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

1823

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

1824

methodologies to be applied in calculating that will be applied

1825

to calculate proportionate fair-share mitigation.

1826

     1. A developer may choose to satisfy all transportation

1827

concurrency requirements by contributing or paying proportionate

1828

fair-share mitigation if transportation facilities or facility

1829

segments identified as mitigation for traffic impacts are

1830

specifically identified for funding in the 5-year schedule of

1831

capital improvements in the capital improvements element of the

1832

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

1833

such contributions or payments to such facilities or segments are

1834

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

1835

next regularly scheduled update of the capital improvements

1836

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

1837

reflect proportionate fair-share contributions may not be found

1838

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

1839

additional contributions, payments or funding sources are

1840

reasonably anticipated during a period not to exceed 10 years to

1841

fully mitigate impacts on the transportation facilities.

1842

     2.  Proportionate fair-share mitigation shall be applied as

1843

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

1844

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

1845

same capital infrastructure improvements contemplated by the

1846

local government's impact fee ordinance.

1847

     (c)  Proportionate fair-share mitigation includes, without

1848

limitation, separately or collectively, private funds,

1849

contributions of land, and construction and contribution of

1850

facilities and may include public funds as determined by the

1851

local government. Proportionate fair-share mitigation may be

1852

directed toward one or more specific transportation improvements

1853

reasonably related to the mobility demands created by the

1854

development and such improvements may address one or more modes

1855

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

1856

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

1857

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

1858

its proportionate fair-share contribution regardless of the

1859

method of mitigation. Proportionate fair-share mitigation shall

1860

be limited to ensure that a development meeting the requirements

1861

of this section mitigates its impact on the transportation system

1862

but is not responsible for the additional cost of reducing or

1863

eliminating backlogs. For purposes of this subsection, the term

1864

"backlogged transportation facility" means a facility on which

1865

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

1866

trips plus committed trips. A developer may not be required to

1867

fund or construct proportionate-share mitigation for any

1868

backlogged transportation facility that is more extensive than

1869

mitigation necessary to offset the impact of the development

1870

project in question.

1871

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

1872

approve a development that is not otherwise qualified for

1873

approval pursuant to the applicable local comprehensive plan and

1874

land development regulations.

1875

     (e)  Mitigation for development impacts to facilities on the

1876

Strategic Intermodal System made pursuant to this subsection

1877

requires the concurrence of the Department of Transportation.

1878

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

1879

element are insufficient to fully fund construction of a

1880

transportation improvement required by the local government's

1881

concurrency management system, a local government and a developer

1882

may still enter into a binding proportionate-share agreement

1883

authorizing the developer to construct that amount of development

1884

on which the proportionate share is calculated if the

1885

proportionate-share amount in the such agreement is sufficient to

1886

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

1887

the governmental entity or entities maintaining the

1888

transportation facilities, significantly benefit the impacted

1889

transportation system. The improvements funded by the

1890

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

1891

capital improvements schedule of the comprehensive plan at the

1892

next annual capital improvements element update. The funding of

1893

any improvements that significantly benefit the impacted

1894

transportation system satisfies concurrency requirements as a

1895

mitigation of the development's impact upon the overall

1896

transportation system even if there remains a failure of

1897

concurrency on other impacted facilities.

1898

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

1899

does may not prohibit the state land planning agency Department

1900

of Community Affairs from finding other portions of the capital

1901

improvements element amendments not in compliance as provided in

1902

this chapter.

1903

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

1904

a development of regional impact satisfying the requirements of

1905

subsection (12).

1906

     (i) The determination of mitigation for a subsequent phase

1907

or stage of development shall account for any mitigation required

1908

by the development order and provided by the developer for any

1909

earlier phase or stage, calculated at present value. For purposes

1910

of this subsection, the term "present value" means the fair

1911

market value of right-of-way at the time of contribution or the

1912

actual dollar value of the construction improvements contribution

1913

adjusted by the Consumer Price Index.

1914

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

1915

that the existing transportation concurrency system has not

1916

adequately addressed the state's transportation needs in an

1917

effective, predictable, and equitable manner and is not producing

1918

a sustainable transportation system for the state. The current

1919

system is complex, lacks uniformity among jurisdictions, is too

1920

focused on roadways to the detriment of desired land use patterns

1921

and transportation alternatives, and frequently prevents the

1922

attainment of important growth management goals. The state,

1923

therefore, should consider a different transportation concurrency

1924

approach that uses a mobility fee based on vehicle and people

1925

miles traveled. Therefore, the Legislature directs the state land

1926

planning agency to study and develop a methodology for a mobility

1927

fee system as follows:

1928

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

1929

the Department of Transportation, shall convene a study group

1930

that includes representatives from the Department of

1931

Transportation, regional planning councils, local governments,

1932

the development community, land use and transportation

1933

professionals, and the Legislature to develop a uniform mobility

1934

fee methodology for statewide application to replace the existing

1935

transportation concurrency management system. The methodology

1936

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

1937

vehicle and people miles traveled, professionally accepted

1938

standards and practices in the fields of land use and

1939

transportation planning, and the requirements of constitutional

1940

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

1941

for mobility needs, ensure that development provides mitigation

1942

for its impacts on the transportation system, and promote

1943

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

1944

mobility fee shall be used to fund improvements to the

1945

transportation system.

1946

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

1947

shall provide a report to the Legislature containing

1948

recommendations concerning an appropriate uniform mobility fee

1949

methodology and whether a mobility fee system should be applied

1950

statewide or to more limited geographic areas, a schedule to

1951

amend comprehensive plans and land development rules to

1952

incorporate the mobility fee, a system for collecting and

1953

allocating mobility fees among state and local transportation

1954

facilities, and whether and how mobility fees should replace,

1955

revise, or supplement transportation impact fees.

1956

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

1957

workforce housing units developed in accordance with s.

1958

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

1959

centers in close proximity to the affordable workforce housing

1960

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

1961

employee or employees of an identified employment center or

1962

centers, all of the affordable workforce housing units are exempt

1963

from transportation concurrency requirements, and the local

1964

government may not reduce any transportation trip-generation

1965

entitlements of an approved development-of-regional-impact

1966

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

1967

proximity" means 5 miles from the nearest point of the

1968

development of regional impact to the nearest point of the

1969

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

1970

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

1971

employees.

1972

1973

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

1974

And the title is amended as follows:

1975

     Delete line(s) 2-92

1976

and insert:

1977

An act relating to growth management; transferring,

1978

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

1979

counties to certify that they have prepared a list of

1980

county-owned property appropriate for affordable housing

1981

before obtaining certain funding; amending s. 163.3174,

1982

F.S.; prohibiting the members of the local governing body

1983

from serving on the local planning agency; providing an

1984

exception; amending s. 163.3177, F.S.; extending the date

1985

for local governments to adopt plan amendments to

1986

implement a financially feasible capital improvements

1987

element; extending the date for prohibiting future land

1988

use map amendments if a local government does not adopt

1989

and transmit its annual update to the capital improvements

1990

element; revising standards for the future land use plan

1991

in a local comprehensive plan; including a provision

1992

encouraging rural counties to adopt a rural sub-element as

1993

part of their future land use plan; revising standards for

1994

the housing element of a local comprehensive plan;

1995

requiring certain counties to certify that they have

1996

adopted a plan for ensuring affordable workforce housing

1997

before obtaining certain funding; authorizing the state

1998

land planning agency to amend administrative rules

1999

relating to planning criteria to allow for varying local

2000

conditions; deleting exemptions from the limitation on the

2001

frequency of plan amendments; extending the deadline for

2002

local governments to adopt a public school facilities

2003

element and interlocal agreement; providing legislative

2004

findings concerning the need to preserve agricultural land

2005

and protect rural agricultural communities from adverse

2006

changes in the agricultural economy; defining the term

2007

"rural agricultural industrial center"; authorizing a

2008

landowner within a rural agricultural industrial center to

2009

apply for an amendment to the comprehensive plan to expand

2010

an existing center; providing requirements for such an

2011

application; providing a rebuttable presumption that such

2012

an amendment is consistent with state rule; providing

2013

certain exceptions to the approval of such an amendment;

2014

deleting provisions encouraging local governments to

2015

develop a community vision and to designate an urban

2016

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

2017

local government to amend its comprehensive plan to allow

2018

accessory dwelling units in an area zoned for single-

2019

family residential use; prohibiting such units from being

2020

treated as new units if there is a land use restriction

2021

agreement that restricts use to affordable housing;

2022

prohibiting accessory dwelling units from being located on

2023

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

2024

provisions relating to coastal management and coastal

2025

high-hazard areas; providing factors for demonstrating the

2026

compliance of a comprehensive plan amendment with rule

2027

provisions relating to coastal areas; amending s.

2028

163.3180, F.S.; revising concurrency requirements;

2029

specifying municipal areas for transportation concurrency

2030

exception areas; revising provisions relating to the

2031

Strategic Intermodal System; deleting a requirement for

2032

local governments to annually submit a summary of de

2033

minimus records; increasing the percentage of

2034

transportation impacts that must be reserved for urban

2035

redevelopment; requiring concurrency management systems to

2036

be coordinated with the appropriate metropolitan planning

2037

organization; revising regional impact proportionate share

2038

provisions to allow for improvements outside the

2039

jurisdiction in certain circumstances; requiring the

2040

Department of Transportation to establish a transportation

2041

methodology to serve as the basis for sustainable

2042

development impact assessments; providing for the

2043

determination of mitigation to include credit for certain

2044

mitigation provided under an earlier phase, calculated at

2045

present value; defining the terms "present value" and

2046

"backlogged transportation facility"; redefining the term

2047

"construction cost"; revising the calculation of school

2048

capacity to include relocatables used by a school

2049

district; providing a minimum state availability standard

2050

for school concurrency; providing that a developer may not

2051

be required to reduce or eliminate backlog or address

2052

class size reduction; requiring charter schools to be

2053

considered as a mitigation option under certain

2054

circumstances; requiring school districts to include

2055

relocatables in their calculation of school capacity in

2056

certain circumstances; providing for an Urban Placemaking

2057

Initiative Pilot Project Program; providing for

2058

designating certain local governments as urban placemaking

2059

initiative pilot projects; providing purposes,

2060

requirements, criteria, procedures, and limitations for

2061

such local governments, the pilot projects, and the

2062

program; providing for recommendations for the

2063

establishment of a uniform mobility fee methodology to

2064

replace the current transportation concurrency management

2065

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

4/30/2008  7:21:00 PM     40-09307-08

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


Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2021 State of Florida.