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Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 474

414488

CHAMBER ACTION

Senate

Comm: RCS

4/22/2008

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House



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The Committee on Transportation (Villalobos) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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

8

Statutes, is amended to read:

9

     70.51  Land use and environmental dispute resolution.--

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     (26)  A special magistrate's recommendation under this

11

section constitutes data in support of, and a support document

12

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

13

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

14

compliance with chapter 163. Any comprehensive plan amendment

15

necessary to carry out the approved recommendation of a special

16

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

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limit on plan amendments and may be adopted by the local

18

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

19

     Section 2.  Section 125.379, Florida Statutes, is

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transferred, renumbered as section 163.32431, Florida Statutes,

21

and amended to read:

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     163.32431 125.379 Disposition of county property for

23

affordable housing.--

24

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

25

county shall prepare an inventory list of all real property

26

within its jurisdiction to which the county holds fee simple

27

title that is appropriate for use as affordable housing. The

28

inventory list must include the address and legal description of

29

each such real property and specify whether the property is

30

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

31

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

32

conclusion of the public hearing. The governing body of the

33

county shall adopt a resolution that includes an inventory list

34

of the such property following the public hearing.

35

     (2)  The properties identified as appropriate for use as

36

affordable housing on the inventory list adopted by the county

37

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

38

for the development of affordable housing or to increase the

39

local government fund earmarked for affordable housing, or may be

40

sold with a restriction that requires the development of the

41

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

42

nonprofit housing organization for the construction of permanent

43

affordable housing. Alternatively, the county may otherwise make

44

the property available for use for the production and

45

preservation of permanent affordable housing. For purposes of

46

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

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420.0004(3).

48

     (3) As a precondition to receiving any state affordable

49

housing funding or allocation for any project or program within a

50

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

51

provide certification that the inventory and any update required

52

by this section are complete.

53

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

54

Statutes, is amended to read:

55

     163.3174  Local planning agency.--

56

     (1)  The governing body of each local government,

57

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

58

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

59

unless the agency is otherwise established by law.

60

Notwithstanding any special act to the contrary, all local

61

planning agencies or equivalent agencies that first review

62

rezoning and comprehensive plan amendments in each municipality

63

and county shall include a representative of the school district

64

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

65

planning agency or equivalent agency to attend those meetings at

66

which the agency considers comprehensive plan amendments and

67

rezonings that would, if approved, increase residential density

68

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

69

this subsection does not prevent the governing body of the local

70

government from granting voting status to the school board

71

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

72

designate itself as the local planning agency pursuant to this

73

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

74

or fewer with the addition of a nonvoting school board

75

representative. The local governing body shall notify the state

76

land planning agency of the establishment of its local planning

77

agency. All local planning agencies shall provide opportunities

78

for involvement by applicable community college boards, which may

79

be accomplished by formal representation, membership on technical

80

advisory committees, or other appropriate means. The local

81

planning agency shall prepare the comprehensive plan or plan

82

amendment after hearings to be held after public notice and shall

83

make recommendations to the local governing body regarding the

84

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

85

be a local planning commission, the planning department of the

86

local government, or other instrumentality, including a

87

countywide planning entity established by special act or a

88

council of local government officials created pursuant to s.

89

163.02, provided the composition of the council is fairly

90

representative of all the governing bodies in the county or

91

planning area; however:

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

93

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

94

governing bodies to adopt and enforce a land use plan effective

95

throughout the joint planning area, that entity shall be the

96

agency for those local governments until such time as the

97

authority of the joint planning entity is modified by law.

98

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

99

responsibility between the county and the several municipalities

100

therein shall be as stipulated in the charter.

101

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

102

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

103

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

104

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

105

163.3177, Florida Statutes, are amended to read:

106

     163.3177  Required and optional elements of comprehensive

107

plan; studies and surveys.--

108

     (3)

109

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

110

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

111

163.3187 or s. 163.3189 in order to maintain a financially

112

feasible 5-year schedule of capital improvements. Corrections and

113

modifications concerning costs; revenue sources; or acceptance of

114

facilities pursuant to dedications which are consistent with the

115

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

116

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

117

ordinance shall be transmitted to the state land planning agency.

118

An amendment to the comprehensive plan is required to update the

119

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

120

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

121

public facilities must be consistent with the capital

122

improvements element. Amendments to implement this section must

123

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

124

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

125

map, except for plan amendments to meet new requirements under

126

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

127

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

128

and until the local government has adopted the annual update and

129

it has been transmitted to the state land planning agency.

130

     2.  Capital improvements element amendments adopted after

131

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

132

hearing before the governing board which shall be an adoption

133

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

134

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

135

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

136

the comprehensive plans of adjacent municipalities, the county,

137

adjacent counties, or the region; with the appropriate water

138

management district's regional water supply plans approved

139

pursuant to s. 373.0361; with adopted rules pertaining to

140

designated areas of critical state concern; and with the state

141

comprehensive plan shall be a major objective of the local

142

comprehensive planning process. To that end, in the preparation

143

of a comprehensive plan or element thereof, and in the

144

comprehensive plan or element as adopted, the governing body

145

shall include a specific policy statement indicating the

146

relationship of the proposed development of the area to the

147

comprehensive plans of adjacent municipalities, the county,

148

adjacent counties, or the region and to the state comprehensive

149

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

150

in preparation may exist.

151

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

152

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

153

elements:

154

     (a)  A future land use plan element designating proposed

155

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

156

land for residential uses, commercial uses, industry,

157

agriculture, recreation, conservation, education, public

158

buildings and grounds, other public facilities, and other

159

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

160

encouraged to designate rural land stewardship areas, pursuant to

161

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

162

land use map.

163

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

164

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

165

in the control and distribution of population densities and

166

building and structure intensities. The proposed distribution,

167

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

168

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

169

supplemented by goals, policies, and measurable objectives.

170

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

171

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

172

land required to accommodate anticipated growth; the projected

173

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

174

availability of water supplies, public facilities, and services;

175

the need for redevelopment, including the renewal of blighted

176

areas and the elimination of nonconforming uses which are

177

inconsistent with the character of the community; the

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compatibility of uses on lands adjacent to or closely proximate

179

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,

182

capital investment, and economic development that will strengthen

183

and diversify the community's economy.

184

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

185

planned development use involving combinations of types of uses

186

for which special regulations may be necessary to ensure

187

development in accord with the principles and standards of the

188

comprehensive plan and this act.

189

     4. The future land use plan element shall include criteria

190

to be used to achieve the compatibility of adjacent or closely

191

proximate lands with military installations.

192

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

193

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

194

to all lands classified in the future land use plan as

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

196

substantively equivalent land use. The rural sub-element shall

197

include goals, objectives, and policies that enhance rural

198

economies, promote the viability of agriculture, provide for

199

appropriate economic development, discourage urban sprawl, and

200

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

201

shall generally identify anticipated areas of rural,

202

agricultural, and conservation and areas that may be considered

203

for conversion to urban land use and appropriate sites for

204

affordable housing. The rural sub-element shall also generally

205

identify areas that may be considered for rural land stewardship

206

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

207

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

208

communities, the amount of land designated for future planned

209

industrial use shall be based upon surveys and studies that

210

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

211

necessity to strengthen and diversify the local economies, and

212

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

215

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

218

historically significant properties meriting protection.

219

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

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include, without limitation, regulatory incentives and criteria

221

that encourage the preservation of recreational and commercial

222

working waterfronts as defined in s. 342.07.

223

     9. The future land use element must clearly identify the

224

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

228

development to meet the projected needs for schools in

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coordination with public school boards and may establish

230

differing criteria for schools of different type or size. Each

231

local government shall include lands contiguous to existing

232

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

234

failure by a local government to comply with these school siting

235

requirements will result in the prohibition of The local

236

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.

239

Amendments proposed by a local government for purposes of

240

identifying the land use categories in which public schools are

241

an allowable use are exempt from the limitation on the frequency

242

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

243

element shall include criteria that encourage the location of

244

schools proximate to urban residential areas to the extent

245

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

249

neighborhoods. For schools serving predominantly rural counties,

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

251

an agricultural land use category shall be eligible for the

252

location of public school facilities if the local comprehensive

253

plan contains school siting criteria and the location is

254

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,

261

potable water, and natural groundwater aquifer recharge element

262

correlated to principles and guidelines for future land use,

263

indicating ways to provide for future potable water, drainage,

264

sanitary sewer, solid waste, and aquifer recharge protection

265

requirements for the area. The element may be a detailed

266

engineering plan including a topographic map depicting areas of

267

prime groundwater recharge. The element shall describe the

268

problems and needs and the general facilities that will be

269

required for solution of the problems and needs. The element

270

shall also include a topographic map depicting any areas adopted

271

by a regional water management district as prime groundwater

272

recharge areas for the Floridan or Biscayne aquifers. These areas

273

shall be given special consideration when the local government is

274

engaged in zoning or considering future land use for said

275

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

276

shall be provided which indicate the suitability of soils for

277

septic tanks. Within 18 months after the governing board approves

278

an updated regional water supply plan, the element must

279

incorporate the alternative water supply project or projects

280

selected by the local government from those identified in the

281

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

282

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

283

local government is located within two water management

284

districts, the local government shall adopt its comprehensive

285

plan amendment within 18 months after the later updated regional

286

water supply plan. The element must identify such alternative

287

water supply projects and traditional water supply projects and

288

conservation and reuse necessary to meet the water needs

289

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

290

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

291

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

292

supply facilities, including development of alternative water

293

supplies, which are identified in the element as necessary to

294

serve existing and new development. The work plan shall be

295

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

296

governing board of a water management district approves an

297

updated regional water supply plan. Amendments to incorporate the

298

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

299

adoption of amendments to the comprehensive plan. Local

300

governments, public and private utilities, regional water supply

301

authorities, special districts, and water management districts

302

are encouraged to cooperatively plan for the development of

303

multijurisdictional water supply facilities that are sufficient

304

to meet projected demands for established planning periods,

305

including the development of alternative water sources to

306

supplement traditional sources of groundwater and surface water

307

supplies.

308

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

309

principles to be followed in:

310

     a.  The provision of housing for all current and anticipated

311

future residents of the jurisdiction.

312

     b.  The elimination of substandard dwelling conditions.

313

     c.  The structural and aesthetic improvement of existing

314

housing.

315

     d.  The provision of adequate sites for future housing,

316

including affordable workforce housing as defined in s.

317

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

318

moderate-income families, mobile homes, senior affordable

319

housing, and group home facilities and foster care facilities,

320

with supporting infrastructure and public facilities. This

321

includes compliance with the applicable public lands provision

322

under s. 163.32431 or s. 163.32432.

323

     e.  Provision for relocation housing and identification of

324

historically significant and other housing for purposes of

325

conservation, rehabilitation, or replacement.

326

     f.  The formulation of housing implementation programs.

327

     g.  The creation or preservation of affordable housing to

328

minimize the need for additional local services and avoid the

329

concentration of affordable housing units only in specific areas

330

of the jurisdiction.

331

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

332

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

333

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

334

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

335

critical state concern shall adopt a plan for ensuring affordable

336

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

337

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

338

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

339

natural persons or families whose total household income does not

340

exceed 140 percent of the area median income, adjusted for

341

household size.

342

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

343

housing funding or allocation for any project or program within

344

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

345

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

346

certification that the county has complied with the requirements

347

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

348

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

349

the local government being ineligible to receive any state

350

housing assistance grants until the requirement of sub-

351

subparagraph h. is met.

352

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

353

element must be based on the data and analysis prepared on

354

housing needs, including the affordable housing needs assessment.

355

State and federal housing plans prepared on behalf of the local

356

government must be consistent with the goals, objectives, and

357

policies of the housing element. Local governments are encouraged

358

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

359

to address a portion of their affordable housing concerns.

360

     3.2. To assist local governments in housing data collection

361

and analysis and assure uniform and consistent information

362

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

363

agency shall conduct an affordable housing needs assessment for

364

all local jurisdictions on a schedule that coordinates the

365

implementation of the needs assessment with the evaluation and

366

appraisal reports required by s. 163.3191. Each local government

367

shall use utilize the data and analysis from the needs assessment

368

as one basis for the housing element of its local comprehensive

369

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

370

perform its own needs assessment, if it uses the methodology

371

established by the agency by rule.

372

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

373

380.24, a coastal management element, appropriately related to

374

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

375

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

376

management element shall set forth the policies that shall guide

377

the local government's decisions and program implementation with

378

respect to the following objectives:

379

     a.  Maintenance, restoration, and enhancement of the overall

380

quality of the coastal zone environment, including, but not

381

limited to, its amenities and aesthetic values.

382

     b.  Continued existence of viable populations of all species

383

of wildlife and marine life.

384

     c.  The orderly and balanced utilization and preservation,

385

consistent with sound conservation principles, of all living and

386

nonliving coastal zone resources.

387

     d.  Avoidance of irreversible and irretrievable loss of

388

coastal zone resources.

389

     e.  Ecological planning principles and assumptions to be

390

used in the determination of suitability and extent of permitted

391

development.

392

     f.  Proposed management and regulatory techniques.

393

     g.  Limitation of public expenditures that subsidize

394

development in high-hazard coastal areas.

395

     h.  Protection of human life against the effects of natural

396

disasters.

397

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

398

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

399

navigation and other related activities.

400

     j.  Preservation, including sensitive adaptive use of

401

historic and archaeological resources.

402

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

403

coastal management element in its comprehensive plan is

404

encouraged to adopt recreational surface water use policies that

405

include applicable criteria for and consider such factors as

406

natural resources, manatee protection needs, protection of

407

working waterfronts and public access to the water, and

408

recreation and economic demands. Criteria for manatee protection

409

in the recreational surface water use policies should reflect

410

applicable guidance outlined in the Boat Facility Siting Guide

411

prepared by the Fish and Wildlife Conservation Commission. If the

412

local government elects to adopt recreational surface water use

413

policies by comprehensive plan amendment, such comprehensive plan

414

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

415

governments that wish to adopt recreational surface water use

416

policies may be eligible for assistance with the development of

417

such policies through the Florida Coastal Management Program. The

418

Office of Program Policy Analysis and Government Accountability

419

shall submit a report on the adoption of recreational surface

420

water use policies under this subparagraph to the President of

421

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

422

majority and minority leaders of the Senate and the House of

423

Representatives no later than December 1, 2010.

424

     (h)1.  An intergovernmental coordination element showing

425

relationships and stating principles and guidelines to be used in

426

the accomplishment of coordination of the adopted comprehensive

427

plan with the plans of school boards, regional water supply

428

authorities, and other units of local government providing

429

services but not having regulatory authority over the use of

430

land, with the comprehensive plans of adjacent municipalities,

431

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

432

comprehensive plan and with the applicable regional water supply

433

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

434

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

435

element of the local comprehensive plan shall demonstrate

436

consideration of the particular effects of the local plan, when

437

adopted, upon the development of adjacent municipalities, the

438

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

439

comprehensive plan, as the case may require.

440

     a.  The intergovernmental coordination element shall provide

441

for procedures to identify and implement joint planning areas,

442

especially for the purpose of annexation, municipal

443

incorporation, and joint infrastructure service areas.

444

     b.  The intergovernmental coordination element shall provide

445

for recognition of campus master plans prepared pursuant to s.

446

1013.30.

447

     c.  The intergovernmental coordination element may provide

448

for a voluntary dispute resolution process as established

449

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

450

intergovernmental disputes. A local government may develop and

451

use an alternative local dispute resolution process for this

452

purpose.

453

     2.  The intergovernmental coordination element shall further

454

state principles and guidelines to be used in the accomplishment

455

of coordination of the adopted comprehensive plan with the plans

456

of school boards and other units of local government providing

457

facilities and services but not having regulatory authority over

458

the use of land. In addition, the intergovernmental coordination

459

element shall describe joint processes for collaborative planning

460

and decisionmaking on population projections and public school

461

siting, the location and extension of public facilities subject

462

to concurrency, and siting facilities with countywide

463

significance, including locally unwanted land uses whose nature

464

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

465

adopting their intergovernmental coordination elements, each

466

county, all the municipalities within that county, the district

467

school board, and any unit of local government service providers

468

in that county shall establish by interlocal or other formal

469

agreement executed by all affected entities, the joint processes

470

described in this subparagraph consistent with their adopted

471

intergovernmental coordination elements.

472

     3.  To foster coordination between special districts and

473

local general-purpose governments as local general-purpose

474

governments implement local comprehensive plans, each independent

475

special district must submit a public facilities report to the

476

appropriate local government as required by s. 189.415.

477

     4.a.  Local governments must execute an interlocal agreement

478

with the district school board, the county, and nonexempt

479

municipalities pursuant to s. 163.31777. The local government

480

shall amend the intergovernmental coordination element to provide

481

that coordination between the local government and school board

482

is pursuant to the agreement and shall state the obligations of

483

the local government under the agreement.

484

     b.  Plan amendments that comply with this subparagraph are

485

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

486

     5.  The state land planning agency shall establish a

487

schedule for phased completion and transmittal of plan amendments

488

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

489

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

490

government may complete and transmit its plan amendments to carry

491

out these provisions prior to the scheduled date established by

492

the state land planning agency. The plan amendments are exempt

493

from the provisions of s. 163.3187(1).

494

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

495

greater than 100,000, and the municipalities and special

496

districts within that county, shall submit a report to the

497

Department of Community Affairs which:

498

     a.  Identifies all existing or proposed interlocal service

499

delivery agreements regarding the following: education; sanitary

500

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

501

and recreation; and transportation facilities.

502

     b.  Identifies any deficits or duplication in the provision

503

of services within its jurisdiction, whether capital or

504

operational. Upon request, the Department of Community Affairs

505

shall provide technical assistance to the local governments in

506

identifying deficits or duplication.

507

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

508

Department of Community Affairs shall, through the appropriate

509

regional planning council, coordinate a meeting of all local

510

governments within the regional planning area to discuss the

511

reports and potential strategies to remedy any identified

512

deficiencies or duplications.

513

     8.  Each local government shall update its intergovernmental

514

coordination element based upon the findings in the report

515

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

516

supporting data and analysis for the intergovernmental

517

coordination element.

518

     (10)  The Legislature recognizes the importance and

519

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

520

Minimum Criteria for Review of Local Government Comprehensive

521

Plans and Determination of Compliance of the Department of

522

Community Affairs that will be used to determine compliance of

523

local comprehensive plans. The Legislature reserved unto itself

524

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

525

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

526

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

527

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

528

the following legislative intent:

529

     (i) The Legislature recognizes that due to varying local

530

conditions, local governments have different planning needs that

531

cannot be addressed by one uniform set of minimum planning

532

criteria. Therefore, the state land planning agency may amend

533

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

534

minimum criteria that are applicable to local governments based

535

on the following factors:

536

     1. Current and projected population.

537

     2. Size of the local jurisdiction.

538

     3. Amount and nature of undeveloped land.

539

     4. The scale of public services provided by the local

540

government.

541

542

The state land planning agency department shall take into account

543

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

544

Administrative Code, as it provides assistance to local

545

governments and applies the rule in specific situations with

546

regard to the detail of the data and analysis required.

547

     (12)  A public school facilities element adopted to

548

implement a school concurrency program shall meet the

549

requirements of this subsection. Each county and each

550

municipality within the county, unless exempt or subject to a

551

waiver, must adopt a public school facilities element that is

552

consistent with those adopted by the other local governments

553

within the county and enter the interlocal agreement pursuant to

554

s. 163.31777.

555

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

556

schedule for adoption of the public school facilities element and

557

the required updates to the public schools interlocal agreement

558

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

559

county and local government within the county to adopt the

560

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

561

2009 2008. Plan amendments to adopt a public school facilities

562

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

563

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

564

     1. There are a number of agricultural industrial facilities

565

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

566

distribution of a variety of agriculturally based products, such

567

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

568

juices, paper, and building materials. These agricultural

569

industrial facilities may have a significant amount of existing

570

associated infrastructure that is used for the processing,

571

production, or distribution of agricultural products.

572

     2. Such rural agricultural industrial facilities often are

573

located within or near communities in which the economy is

574

largely dependent upon agriculture and agriculturally based

575

products. These facilities significantly enhance the economy of

576

such communities. However, these agriculturally based communities

577

often are socioeconomically challenged and many such communities

578

have been designated as rural areas of critical economic concern.

579

If these existing agricultural industrial facilities are lost and

580

or not replaced with other job-creating enterprises, these

581

agriculturally based communities may lose a substantial amount of

582

their economies.

583

     3. The state has a compelling interest in preserving the

584

viability of agriculture and protecting rural agricultural

585

communities and the state from the economic upheaval that could

586

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

587

agricultural economy. To protect such communities and promote

588

viable agriculture for the long term, it is essential to

589

encourage and permit diversification of exiting rural

590

agricultural industrial facilities by providing for jobs that are

591

not solely dependent upon but are compatible with and complement

592

existing agricultural operations and to encourage the creation

593

and expansion of industries that use agricultural products in

594

innovative or new ways. However, the expansion and

595

diversification of these existing facilities must be accomplished

596

in a manner that does not promote urban sprawl into surrounding

597

agricultural and rural areas.

598

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

599

agricultural industrial center" means a developed parcel of land

600

in an unincorporated area on which there exists an operating

601

agricultural industrial facility or facilities that employ at

602

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

603

for processing and preparing for transport a farm product, as

604

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

605

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

606

renewable energy, bioenergy, or alternative fuel as defined by

607

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

608

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

609

on which other existing activities essential to the operation of

610

such facility or facilities are located or conducted. The parcel

611

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

612

rural area of critical economic concern.

613

     (c) A landowner within a rural agricultural industrial

614

center may apply for an amendment to the local government

615

comprehensive plan for the purpose of designating and expanding

616

the exiting agricultural industrial uses or facilities located in

617

the center or expanding the existing center to include industrial

618

uses or facilities that are not dependent upon but are compatible

619

with agriculture and the existing uses and facilities. An

620

application for a comprehensive plan amendment under this

621

paragraph:

622

     1. May not increase the physical area of the original

623

existing agricultural industrial center by more than 50 percent

624

or 200 acres, whichever is greater;

625

     2. Must propose a project that would create, upon

626

completion, at least 50 new full-time jobs;

627

     3. Must demonstrate that infrastructure capacity exists or

628

will be provided by the landowner to support the expanded center

629

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

630

comprehensive plan;

631

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

632

prevent urban sprawl in the areas surrounding the expanded

633

center, or demonstrate that the local government comprehensive

634

plan contains such provisions; and

635

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

636

ensure that any adverse environmental impacts of the expanded

637

center will be adequately addressed and mitigated, or demonstrate

638

that the local government comprehensive plan contains such

639

provisions.

640

641

An amendment that meets the requirements of this subsection is

642

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

643

Administrative Code. This presumption may be rebutted by a

644

preponderance of the evidence.

645

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

646

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

647

stewardship area designated pursuant to subsection (11). Local

648

governments are encouraged to develop a community vision that

649

provides for sustainable growth, recognizes its fiscal

650

constraints, and protects its natural resources. At the request

651

of a local government, the applicable regional planning council

652

shall provide assistance in the development of a community

653

vision.

654

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

655

under this section, the local government must hold two public

656

meetings with at least one of those meetings before the local

657

planning agency. Before those public meetings, the local

658

government must hold at least one public workshop with

659

stakeholder groups such as neighborhood associations, community

660

organizations, businesses, private property owners, housing and

661

development interests, and environmental organizations.

662

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

663

of the following topics as part of the workshops and public

664

meetings required under paragraph (a):

665

     1. Future growth in the area using population forecasts

666

from the Bureau of Economic and Business Research;

667

     2. Priorities for economic development;

668

     3. Preservation of open space, environmentally sensitive

669

lands, and agricultural lands;

670

     4. Appropriate areas and standards for mixed-use

671

development;

672

     5. Appropriate areas and standards for high-density

673

commercial and residential development;

674

     6. Appropriate areas and standards for economic development

675

opportunities and employment centers;

676

     7. Provisions for adequate workforce housing;

677

     8. An efficient, interconnected multimodal transportation

678

system; and

679

     9. Opportunities to create land use patterns that

680

accommodate the issues listed in subparagraphs 1.-8.

681

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

682

government must discuss strategies for addressing the topics

683

discussed under paragraph (b), including:

684

     1. Strategies to preserve open space and environmentally

685

sensitive lands, and to encourage a healthy agricultural economy,

686

including innovative planning and development strategies, such as

687

the transfer of development rights;

688

     2. Incentives for mixed-use development, including

689

increased height and intensity standards for buildings that

690

provide residential use in combination with office or commercial

691

space;

692

     3. Incentives for workforce housing;

693

     4. Designation of an urban service boundary pursuant to

694

subsection (2); and

695

     5. Strategies to provide mobility within the community and

696

to protect the Strategic Intermodal System, including the

697

development of a transportation corridor management plan under s.

698

337.273.

699

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

700

shared concept for growth and development of the community,

701

including visual representations depicting the desired land use

702

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

703

timeframe. The community vision must also take into consideration

704

economic viability of the vision and private property interests.

705

     (e) After the workshops and public meetings required under

706

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

707

comprehensive plan to include the community vision as a component

708

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

709

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

710

hearings of the governing body other than those identified in

711

paragraph (a).

712

     (f) Amendments submitted under this subsection are exempt

713

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

714

163.3187.

715

     (g) A local government that has developed a community

716

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

717

before July 1, 2005, which substantially accomplishes the goals

718

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

719

or objectives have been adopted as part of the comprehensive plan

720

or reflected in subsequently adopted land development regulations

721

and the plan amendment incorporating the community vision as a

722

component has been found in compliance is eligible for the

723

incentives in s. 163.3184(17).

724

     (14) Local governments are also encouraged to designate an

725

urban service boundary. This area must be appropriate for

726

compact, contiguous urban development within a 10-year planning

727

timeframe. The urban service area boundary must be identified on

728

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

729

demonstrate that the land included within the urban service

730

boundary is served or is planned to be served with adequate

731

public facilities and services based on the local government's

732

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

733

facilities plan in the capital improvements element which is

734

financially feasible. The local government shall demonstrate that

735

the amount of land within the urban service boundary does not

736

exceed the amount of land needed to accommodate the projected

737

population growth at densities consistent with the adopted

738

comprehensive plan within the 10-year planning timeframe.

739

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

740

boundary, the local government must hold two public meetings with

741

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

742

Before those public meetings, the local government must hold at

743

least one public workshop with stakeholder groups such as

744

neighborhood associations, community organizations, businesses,

745

private property owners, housing and development interests, and

746

environmental organizations.

747

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

748

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

749

comprehensive plan to include the urban service boundary. This

750

plan amendment must be transmitted and adopted pursuant to the

751

procedures in ss. 163.3184 and 163.3189 at meetings of the

752

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

753

     2. This subsection does not prohibit new development

754

outside an urban service boundary. However, a local government

755

that establishes an urban service boundary under this subsection

756

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

757

new development outside the boundary and to consider the results

758

of that analysis when adopting a plan amendment for property

759

outside the established urban service boundary.

760

     (c) Amendments submitted under this subsection are exempt

761

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

762

163.3187.

763

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

764

boundary before July 1, 2005, which substantially accomplishes

765

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

766

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

767

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

768

to satisfy the provisions of this paragraph, the local government

769

must secure a determination from the state land planning agency

770

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

771

substantially complies with the criteria of this subsection,

772

based on data and analysis submitted by the local government to

773

support this determination. The determination by the state land

774

planning agency is not subject to administrative challenge.

775

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

776

163.31771, Florida Statutes, are amended to read:

777

     163.31771  Accessory dwelling units.--

778

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

779

shortage of affordable rentals within its jurisdiction, the local

780

government may amend its comprehensive plan adopt an ordinance to

781

allow accessory dwelling units in any area zoned for single-

782

family residential use.

783

     (4) If the local government amends its comprehensive plan

784

pursuant to adopts an ordinance under this section, an

785

application for a building permit to construct an accessory

786

dwelling unit must include an affidavit from the applicant which

787

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

788

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

789

income person or persons.

790

     (5) Each accessory dwelling unit allowed by the

791

comprehensive plan an ordinance adopted under this section shall

792

apply toward satisfying the affordable housing component of the

793

housing element in the local government's comprehensive plan

794

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

795

recorded land use restriction agreement restricting its use to

796

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

797

purposes of transportation concurrency or impact fees. Accessory

798

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

799

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

800

identified as environmentally sensitive in the local

801

comprehensive plan.

802

     (6) The Department of Community Affairs shall evaluate the

803

effectiveness of using accessory dwelling units to address a

804

local government's shortage of affordable housing and report to

805

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

806

number of ordinances adopted by a local government under this

807

section and the number of accessory dwelling units that were

808

created under these ordinances.

809

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

810

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

811

     163.3178  Coastal management.--

812

     (2)  Each coastal management element required by s.

813

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

814

consistent with coastal resource plans prepared and adopted

815

pursuant to general or special law; and contain:

816

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

817

criteria for mitigation for a comprehensive plan amendment in a

818

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

819

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

820

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

821

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

822

computerized storm surge model. Except as demonstrated by site-

823

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

824

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

825

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

826

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

827

illustrated in the most current SLOSH Storm Surge Atlas.

828

Application of mitigation and the application of development and

829

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

830

adopted thereunder, shall be at the discretion of the local

831

government.

832

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

833

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

834

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

835

in this section.

836

     (a) A proposed comprehensive plan amendment shall be found

837

in compliance with state coastal high-hazard provisions pursuant

838

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

839

     1. The area subject to the amendment is not:

840

     a. Within a designated area of critical state concern;

841

     b. Inclusive of areas within the FEMA velocity zones;

842

     c. Subject to coastal erosion;

843

     d. Seaward of the coastal construction control line; or

844

     e. Subject to repetitive damage from coastal storms and

845

floods.

846

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

847

of its comprehensive plan:

848

     a. Hazard mitigation strategies that reduce, replace, or

849

eliminate unsafe structures and properties subject to repetitive

850

losses from coastal storms or floods.

851

     b. Measures that reduce exposure to hazards including:

852

     (I) Relocation;

853

     (II) Structural modifications of threatened infrastructure;

854

     (III) Provisions for operational or capacity improvements

855

to maintain hurricane evacuation clearance times within

856

established limits; and

857

     (IV) Prohibiting public expenditures for capital

858

improvements that subsidize increased densities and intensities

859

of development within the coastal high-hazard area.

860

     c. A postdisaster redevelopment plan.

861

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

862

hurricane evacuation clearance time is maintained for a category

863

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

864

adopted out-of-county hurricane evacuation clearance time does

865

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

866

shelter space;

867

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

868

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

869

and shelter space reasonably expected to accommodate the

870

residents of the development contemplated by a proposed

871

comprehensive plan amendment is available; or

872

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

873

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

874

achieved. will satisfy the provisions of subparagraph 1. or

875

subparagraph 2. Appropriate mitigation shall include, without

876

limitation, payment of money, contribution of land, and

877

construction of hurricane shelters and transportation facilities.

878

Required mitigation may shall not exceed the amount required for

879

a developer to accommodate impacts reasonably attributable to

880

development. A local government and a developer shall enter into

881

a binding agreement to establish memorialize the mitigation plan.

882

The executed agreement must be submitted along with the adopted

883

plan amendment.

884

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

885

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

886

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

887

Florida Administrative Code, by following the process in

888

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

889

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

890

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

891

shelter space.

892

     (c) This subsection applies shall become effective

893

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

894

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

895

future land use map and coastal management element to include the

896

new definition of coastal high-hazard area provided in paragraph

897

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

898

land use map.

899

     Section 7.  Section 163.3180, Florida Statutes, is amended

900

to read:

901

     163.3180  Concurrency.--

902

     (1) APPLICABILITY OF CONCURRENCY REQUIREMENT.--

903

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

904

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

905

transportation facilities, including mass transit, where

906

applicable, are the only public facilities and services subject

907

to the concurrency requirement on a statewide basis. Additional

908

public facilities and services may not be made subject to

909

concurrency on a statewide basis without appropriate study and

910

approval by the Legislature; however, any local government may

911

extend the concurrency requirement so that it applies to apply to

912

additional public facilities within its jurisdiction.

913

     (b) Transportation methodologies.--Local governments shall

914

use professionally accepted techniques for measuring level of

915

service for automobiles, bicycles, pedestrians, transit, and

916

trucks. These techniques may be used to evaluate increased

917

accessibility by multiple modes and reductions in vehicle miles

918

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

919

the Department of Transportation shall develop methodologies to

920

assist local governments in implementing this multimodal level-

921

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

922

the Department of Transportation shall provide technical

923

assistance to local governments in applying the these

924

methodologies.

925

     (2) PUBLIC FACILITY AVAILABILITY STANDARDS.--

926

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

927

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

928

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

929

adequate water supplies, and potable water facilities shall be in

930

place and available to serve new development no later than the

931

issuance by the local government of a certificate of occupancy or

932

its functional equivalent. Prior to approval of a building permit

933

or its functional equivalent, the local government shall consult

934

with the applicable water supplier to determine whether adequate

935

water supplies to serve the new development will be available by

936

no later than the anticipated date of issuance by the local

937

government of the a certificate of occupancy or its functional

938

equivalent. A local government may meet the concurrency

939

requirement for sanitary sewer through the use of onsite sewage

940

treatment and disposal systems approved by the Department of

941

Health to serve new development.

942

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

943

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

944

parks and recreation facilities to serve new development shall be

945

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

946

after issuance by the local government of a certificate of

947

occupancy or its functional equivalent. However, the acreage for

948

such facilities must shall be dedicated or be acquired by the

949

local government prior to issuance by the local government of the

950

a certificate of occupancy or its functional equivalent, or funds

951

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

952

later than the local government's approval to commence

953

construction.

954

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

955

welfare, and except as otherwise provided in this section,

956

transportation facilities needed to serve new development must

957

shall be in place or under actual construction within 3 years

958

after the local government approves a building permit or its

959

functional equivalent that results in traffic generation.

960

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

961

entities that are not responsible for providing, financing,

962

operating, or regulating public facilities needed to serve

963

development may not establish binding level-of-service standards

964

on governmental entities that do bear those responsibilities.

965

This subsection does not limit the authority of any agency to

966

recommend or make objections, recommendations, comments, or

967

determinations during reviews conducted under s. 163.3184.

968

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

969

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

970

requirement as implemented in local comprehensive plans applies

971

to state and other public facilities and development to the same

972

extent that it applies to all other facilities and development,

973

as provided by law.

974

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

975

as implemented in local comprehensive plans does not apply to

976

public transit facilities. For the purposes of this paragraph,

977

public transit facilities include transit stations and terminals;

978

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

979

transit connection or transfer facilities; fixed bus, guideway,

980

and rail stations; and airport passenger terminals and

981

concourses, air cargo facilities, and hangars for the maintenance

982

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

983

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

984

commercial or residential development constructed in conjunction

985

with a public transit facility.

986

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

987

requirement, except as it relates to transportation facilities

988

and public schools, as implemented in local government

989

comprehensive plans, may be waived by a local government for

990

urban infill and redevelopment areas designated pursuant to s.

991

163.2517 if such a waiver does not endanger public health or

992

safety as defined by the local government in its local government

993

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

994

amendment using pursuant to the process set forth in s.

995

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

996

exception pursuant to subsection (5) for transportation

997

facilities located within these urban infill and redevelopment

998

areas.

999

     (5) TRANSPORTATION CONCURRENCY EXCEPTION AREAS.--

1000

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

1001

Legislature finds that under limited circumstances dealing with

1002

transportation facilities, countervailing planning and public

1003

policy goals may come into conflict with the requirement that

1004

adequate public transportation facilities and services be

1005

available concurrent with the impacts of such development. The

1006

Legislature further finds that often the unintended result of the

1007

concurrency requirement for transportation facilities is often

1008

the discouragement of urban infill development and redevelopment.

1009

Such unintended results directly conflict with the goals and

1010

policies of the state comprehensive plan and the intent of this

1011

part. The Legislature also finds that in urban centers

1012

transportation cannot be effectively managed and mobility cannot

1013

be improved solely through the expansion of roadway capacity,

1014

that the expansion of roadway capacity is not always physically

1015

or financially possible, and that a range of transportation

1016

alternatives are essential to satisfy mobility needs, reduce

1017

congestion, and achieve healthy, vibrant centers. Therefore,

1018

transportation concurrency exception areas must achieve the goals

1019

and objectives of this part exceptions from the concurrency

1020

requirement for transportation facilities may be granted as

1021

provided by this subsection.

1022

     (b) Geographic applicability.--

1023

     1. Within municipalities, transportation concurrency

1024

exception areas are established for geographic areas identified

1025

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

1026

2008, for:

1027

     a. Urban infill development;

1028

     b. Urban redevelopment;

1029

     c. Downtown revitalization; or

1030

     d. Urban infill and redevelopment under s. 163.2517.

1031

     2. In other portions of the state, including municipalities

1032

and unincorporated areas of counties, a local government may

1033

adopt a comprehensive plan amendment establishing a

1034

transportation concurrency exception area grant an exception from

1035

the concurrency requirement for transportation facilities if the

1036

proposed development is otherwise consistent with the adopted

1037

local government comprehensive plan and is a project that

1038

promotes public transportation or is located within an area

1039

designated in the comprehensive plan for:

1040

     a.1. Urban infill development;

1041

     b.2. Urban redevelopment;

1042

     c.3. Downtown revitalization;

1043

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

1044

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

1045

transportation concurrency exception area which includes lands

1046

appropriate for compact, contiguous urban development, which does

1047

not exceed the amount of land needed to accommodate the projected

1048

population growth at densities consistent with the adopted

1049

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

1050

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

1051

services as provided by the capital improvements element.

1052

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

1053

Legislature also finds that developments located within urban

1054

infill, urban redevelopment, existing urban service, or downtown

1055

revitalization areas or areas designated as urban infill and

1056

redevelopment areas under s. 163.2517 which pose only special

1057

part-time demands on the transportation system should be excepted

1058

from the concurrency requirement for transportation facilities. A

1059

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

1060

scheduled events during any calendar year and does not affect the

1061

100 highest traffic volume hours.

1062

     (d) Long-term strategies within transportation concurrency

1063

exception areas.--Except for transportation concurrency exception

1064

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

1065

requirements apply: A local government shall establish guidelines

1066

in the comprehensive plan for granting the exceptions authorized

1067

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

1068

be consistent with and support a comprehensive strategy adopted

1069

in the plan to promote the purpose of the exceptions.

1070

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

1071

implement long-term strategies to support and fund mobility

1072

within the designated exception area, including alternative modes

1073

of transportation. The plan amendment must also demonstrate how

1074

strategies will support the purpose of the exception and how

1075

mobility within the designated exception area will be provided.

1076

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

1077

appropriate land use mixes, including intensity and density; and

1078

network connectivity plans needed to promote urban infill,

1079

redevelopment, or downtown revitalization. The comprehensive plan

1080

amendment designating the concurrency exception area must be

1081

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

1082

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

1083

designation of a concurrency exception area pursuant to

1084

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

1085

Department of Transportation shall be consulted by the local

1086

government to assess the impact that the proposed exception area

1087

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

1088

established for Strategic Intermodal System facilities, as

1089

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

1090

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

1091

Further, as a part of the comprehensive plan amendment

1092

establishing the exception area, the local government shall

1093

provide for mitigation of impacts, in consultation with the state

1094

land planning agency and the Department of Transportation,

1095

develop a plan to mitigate any impacts to the Strategic

1096

Intermodal System, including, if appropriate, access management,

1097

parallel reliever roads, transportation demand management, and

1098

other measures the development of a long-term concurrency

1099

management system pursuant to subsection (9) and s.

1100

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

1101

specific geographic area of the jurisdiction designated in the

1102

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

1103

a plan amendment establishing these guidelines and the areas

1104

within which an exception could be granted.

1105

     (g) Transportation concurrency exception areas existing

1106

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

1107

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

1108

plan update pursuant to the evaluation and appraisal report,

1109

whichever occurs last.

1110

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

1111

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

1112

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

1113

the maximum volume at the adopted level of service of the

1114

affected transportation facility as determined by the local

1115

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

1116

existing roadway volumes and the projected volumes from approved

1117

projects on a transportation facility exceeds would exceed 110

1118

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

1119

the affected transportation facility; provided however, the that

1120

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

1121

constitute a de minimis impact on all roadways regardless of the

1122

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

1123

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

1124

level-of-service standard of any affected designated hurricane

1125

evacuation routes. Each local government shall maintain

1126

sufficient records to ensure that the 110-percent criterion is

1127

not exceeded. Each local government shall submit annually, with

1128

its updated capital improvements element, a summary of the de

1129

minimis records. If the state land planning agency determines

1130

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

1131

planning agency shall notify the local government of the

1132

exceedance and that no further de minimis exceptions for the

1133

applicable roadway may be granted until such time as the volume

1134

is reduced below the 110 percent. The local government shall

1135

provide proof of this reduction to the state land planning agency

1136

before issuing further de minimis exceptions.

1137

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

1138

infill development and redevelopment, one or more transportation

1139

concurrency management areas may be designated in a local

1140

government comprehensive plan. A transportation concurrency

1141

management area must be a compact geographic area that has with

1142

an existing network of roads where multiple, viable alternative

1143

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

1144

government may establish an areawide level-of-service standard

1145

for such a transportation concurrency management area based upon

1146

an analysis that provides for a justification for the areawide

1147

level of service, how urban infill development or redevelopment

1148

will be promoted, and how mobility will be accomplished within

1149

the transportation concurrency management area. Prior to the

1150

designation of a concurrency management area, the local

1151

government shall consult with the state land planning agency and

1152

the Department of Transportation shall be consulted by the local

1153

government to assess the effect impact that the proposed

1154

concurrency management area is expected to have on the adopted

1155

level-of-service standards established for Strategic Intermodal

1156

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

1157

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

1158

local government shall, in cooperation with the state land

1159

planning agency and the Department of Transportation, develop a

1160

plan to mitigate any impacts to the Strategic Intermodal System,

1161

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

1162

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

1163

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

1164

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

1165

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

1166

comprehensive plan update pursuant to the evaluation and

1167

appraisal report, whichever occurs last. The state land planning

1168

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

1169

be consistent with this subsection.

1170

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

1171

impacts of proposed urban redevelopment within an established

1172

existing urban service area, 150 110 percent of the actual

1173

transportation impact caused by the previously existing

1174

development must be reserved for the redevelopment, even if the

1175

previously existing development has a lesser or nonexisting

1176

impact pursuant to the calculations of the local government.

1177

Redevelopment requiring less than 150 110 percent of the

1178

previously existing capacity may shall not be prohibited due to

1179

the reduction of transportation levels of service below the

1180

adopted standards. This does not preclude the appropriate

1181

assessment of fees or accounting for the impacts within the

1182

concurrency management system and capital improvements program of

1183

the affected local government. This paragraph does not affect

1184

local government requirements for appropriate development

1185

permits.

1186

     (9) LONG-TERM CONCURRENCY MANAGEMENT.--

1187

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

1188

long-term transportation and school concurrency management

1189

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

1190

specially designated districts or areas where significant

1191

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

1192

standards on certain facilities and shall rely on the local

1193

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

1194

as a basis for issuing development orders that authorize

1195

commencement of construction in these designated districts or

1196

areas. The concurrency management system must be designed to

1197

correct existing deficiencies and set priorities for addressing

1198

backlogged facilities and be coordinated with the appropriate

1199

metropolitan planning organization. The concurrency management

1200

system must be financially feasible and consistent with other

1201

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

1202

map.

1203

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

1204

facility backlog for existing development which cannot be

1205

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

1206

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

1207

capital improvements covering up to 15 years for good and

1208

sufficient cause, based on a general comparison between the that

1209

local government and all other similarly situated local

1210

jurisdictions, using the following factors:

1211

     1.  The extent of the backlog.

1212

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

1213

roads.

1214

     3.  The cost of eliminating the backlog.

1215

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

1216

efforts.

1217

     (c)  The local government may issue approvals to commence

1218

construction notwithstanding this section, consistent with and in

1219

areas that are subject to a long-term concurrency management

1220

system.

1221

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

1222

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

1223

minimum, the local government must assess its progress toward

1224

improving levels of service within the long-term concurrency

1225

management district or area in the evaluation and appraisal

1226

report and determine any changes that are necessary to accelerate

1227

progress in meeting acceptable levels of service.

1228

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

1229

regard to roadway facilities on the Strategic Intermodal System

1230

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

1231

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

1232

338.001, and roadway facilities funded in accordance with s.

1233

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

1234

standard established by the Department of Transportation by rule.

1235

For all other roads on the State Highway System, local

1236

governments shall establish an adequate level-of-service standard

1237

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

1238

established by the Department of Transportation. In establishing

1239

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

1240

collector roads as appropriate, which traverse multiple

1241

jurisdictions, local governments shall consider compatibility

1242

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

1243

adjacent jurisdictions. Each local government within a county

1244

shall use a professionally accepted methodology for measuring

1245

impacts on transportation facilities for the purposes of

1246

implementing its concurrency management system. Counties are

1247

encouraged to coordinate with adjacent counties, and local

1248

governments within a county are encouraged to coordinate, for the

1249

purpose of using common methodologies for measuring impacts on

1250

transportation facilities for the purpose of implementing their

1251

concurrency management systems.

1252

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

1253

liability of local governments, a local government may allow a

1254

landowner to proceed with development of a specific parcel of

1255

land notwithstanding a failure of the development to satisfy

1256

transportation concurrency, if when all the following factors are

1257

shown to exist:

1258

     (a) The local government that has with jurisdiction over

1259

the property has adopted a local comprehensive plan that is in

1260

compliance.

1261

     (b) The proposed development is would be consistent with

1262

the future land use designation for the specific property and

1263

with pertinent portions of the adopted local plan, as determined

1264

by the local government.

1265

     (c)  The local plan includes a financially feasible capital

1266

improvements element that provides for transportation facilities

1267

adequate to serve the proposed development, and the local

1268

government has not implemented that element.

1269

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

1270

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

1271

cost of providing the transportation facilities necessary to

1272

serve the proposed development.

1273

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

1274

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

1275

the transportation facilities to serve the proposed development.

1276

     (12) REGIONAL IMPACT PROPORTIONATE SHARE.--

1277

     (a) A development of regional impact may satisfy the

1278

transportation concurrency requirements of the local

1279

comprehensive plan, the local government's concurrency management

1280

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

1281

contribution for local and regionally significant traffic

1282

impacts, if:

1283

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

1284

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

1285

pedestrian or other nonautomotive modes of transportation;

1286

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

1287

regionally significant traffic impacts is sufficient to pay for

1288

one or more required mobility improvements that will benefit the

1289

network of a regionally significant transportation facilities if

1290

impacts on the Strategic Intermodal System, the Florida

1291

Intrastate Highway System, and other regionally significant

1292

roadways outside the jurisdiction of the local government are

1293

mitigated based on the prioritization of needed improvements

1294

recommended by the regional planning council facility;

1295

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

1296

regional impact pays or assures payment of the proportionate-

1297

share contribution; and

1298

     4.(d) If The regionally significant transportation facility

1299

to be constructed or improved is under the maintenance authority

1300

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

1301

other than the local government that has with jurisdiction over

1302

the development of regional impact, the developer must is

1303

required to enter into a binding and legally enforceable

1304

commitment to transfer funds to the governmental entity having

1305

maintenance authority or to otherwise assure construction or

1306

improvement of the facility.

1307

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

1308

any transportation facility to satisfy the provisions of this

1309

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

1310

purposes of this subsection, the amount of the proportionate-

1311

share contribution shall be calculated based upon the cumulative

1312

number of trips from the proposed development expected to reach

1313

roadways during the peak hour from the complete buildout of a

1314

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

1315

hour maximum service volume of roadways resulting from

1316

construction of an improvement necessary to maintain the adopted

1317

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

1318

time of developer payment, of the improvement necessary to

1319

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

1320

used in this calculation includes trips from an earlier phase of

1321

development, the determination of mitigation of the cumulative

1322

project impacts for the subsequent phase of development shall

1323

include a credit for any mitigation required by the development

1324

order and provided by the developer for the earlier phase,

1325

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

1326

term:

1327

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

1328

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

1329

construction improvements at the date of completion.

1330

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

1331

includes all associated costs of the improvement. Proportionate-

1332

share mitigation shall be limited to ensure that a development of

1333

regional impact meeting the requirements of this subsection

1334

mitigates its impact on the transportation system but is not

1335

responsible for the additional cost of reducing or eliminating

1336

backlogs.

1337

     3. "Backlogged transportation facility" means a facility on

1338

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

1339

existing level of service plus committed trips. A developer may

1340

not be required to fund or construct proportionate share

1341

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

1342

transportation facility, than is necessary based solely on the

1343

impact of the development project being considered.

1344

1345

This subsection also applies to Florida Quality Developments

1346

pursuant to s. 380.061 and to detailed specific area plans

1347

implementing optional sector plans pursuant to s. 163.3245.

1348

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

1349

established on a districtwide basis and shall include all public

1350

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

1351

located in a municipality or an unincorporated area unless exempt

1352

from the public school facilities element pursuant to s.

1353

163.3177(12). The application of school concurrency to

1354

development shall be based upon the adopted comprehensive plan,

1355

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

1356

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

1357

land planning agency the necessary plan amendments, along with

1358

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

1359

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

1360

concurrency are the following:

1361

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

1362

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

1363

or plan amendment which includes a public school facilities

1364

element which is consistent with the requirements of s.

1365

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

1366

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

1367

facilities plan elements within a county must be consistent with

1368

each other as well as the requirements of this part.

1369

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

1370

that an essential requirement for a concurrency management system

1371

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

1372

operate.

1373

     1.  Local governments and school boards imposing school

1374

concurrency shall exercise authority in conjunction with each

1375

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

1376

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

1377

necessary to implement the adopted local government comprehensive

1378

plan, based on data and analysis.

1379

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

1380

included and adopted into the capital improvements element of the

1381

local comprehensive plan and shall apply districtwide to all

1382

schools of the same type. Types of schools may include

1383

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

1384

facilities such as magnet schools.

1385

     3. Local governments and school boards may use shall have

1386

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

1387

time to achieve an adequate and desirable level of service as

1388

circumstances warrant.

1389

     4. A school district that includes relocatables in its

1390

inventory of student stations shall include relocatables in its

1391

calculation of capacity for purposes of determining whether

1392

levels of service have been achieved.

1393

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

1394

essential requirement for a concurrency system is a designation

1395

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

1396

when an application for a residential development permit is

1397

reviewed for school concurrency purposes. This delineation is

1398

also important for purposes of determining whether the local

1399

government has a financially feasible public school capital

1400

facilities program for that will provide schools which will

1401

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

1402

     1.  In order to balance competing interests, preserve the

1403

constitutional concept of uniformity, and avoid disruption of

1404

existing educational and growth management processes, local

1405

governments are encouraged to initially apply school concurrency

1406

to development only on a districtwide basis so that a concurrency

1407

determination for a specific development is will be based upon

1408

the availability of school capacity districtwide. To ensure that

1409

development is coordinated with schools having available

1410

capacity, within 5 years after adoption of school concurrency,

1411

local governments shall apply school concurrency on a less than

1412

districtwide basis, such as using school attendance zones or

1413

concurrency service areas, as provided in subparagraph 2.

1414

     2.  For local governments applying school concurrency on a

1415

less than districtwide basis, such as utilizing school attendance

1416

zones or larger school concurrency service areas, local

1417

governments and school boards shall have the burden of

1418

demonstrating to demonstrate that the utilization of school

1419

capacity is maximized to the greatest extent possible in the

1420

comprehensive plan and amendment, taking into account

1421

transportation costs and court-approved desegregation plans, as

1422

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

1423

concurrency within the service area boundaries selected by local

1424

governments and school boards, the service area boundaries,

1425

together with the standards for establishing those boundaries,

1426

shall be identified and included as supporting data and analysis

1427

for the comprehensive plan.

1428

     3.  Where school capacity is available on a districtwide

1429

basis but school concurrency is applied on a less than

1430

districtwide basis in the form of concurrency service areas, if

1431

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

1432

particular service area as applied to an application for a

1433

development permit and if the needed capacity for the particular

1434

service area is available in one or more contiguous service

1435

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

1436

government may not deny an application for site plan or final

1437

subdivision approval or the functional equivalent for a

1438

development or phase of a development on the basis of school

1439

concurrency, and if issued, development impacts shall be shifted

1440

to contiguous service areas with schools having available

1441

capacity.

1442

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

1443

financial feasibility is an important issue because the premise

1444

of concurrency is that the public facilities will be provided in

1445

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

1446

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

1447

Code, contain specific standards for determining to determine the

1448

financial feasibility of capital programs. These standards were

1449

adopted to make concurrency more predictable and local

1450

governments more accountable.

1451

     1.  A comprehensive plan amendment seeking to impose school

1452

concurrency must shall contain appropriate amendments to the

1453

capital improvements element of the comprehensive plan,

1454

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

1455

5.016, Florida Administrative Code. The capital improvements

1456

element must shall set forth a financially feasible public school

1457

capital facilities program, established in conjunction with the

1458

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

1459

standards will be achieved and maintained.

1460

     2. Such amendments to the capital improvements element must

1461

shall demonstrate that the public school capital facilities

1462

program meets all of the financial feasibility standards of this

1463

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

1464

capital programs which provide the basis for mandatory

1465

concurrency on other public facilities and services.

1466

     3. If When the financial feasibility of a public school

1467

capital facilities program is evaluated by the state land

1468

planning agency for purposes of a compliance determination, the

1469

evaluation must shall be based upon the service areas selected by

1470

the local governments and school board.

1471

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

1472

welfare, and except as otherwise provided in this subsection,

1473

public school facilities needed to serve new residential

1474

development shall be in place or under actual construction within

1475

3 years after the issuance of final subdivision or site plan

1476

approval, or the functional equivalent. A local government may

1477

not deny an application for site plan, final subdivision

1478

approval, or the functional equivalent for a development or phase

1479

of a development authorizing residential development for failure

1480

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

1481

school capacity in a local school concurrency management system

1482

where adequate school facilities will be in place or under actual

1483

construction within 3 years after the issuance of final

1484

subdivision or site plan approval, or the functional equivalent.

1485

Any mitigation required of a developer shall be limited to ensure

1486

that a development mitigates its own impact on public school

1487

facilities, but is not responsible for the additional cost of

1488

reducing or eliminating backlogs or addressing class size

1489

reduction. School concurrency is satisfied if the developer

1490

executes a legally binding commitment to provide mitigation

1491

proportionate to the demand for public school facilities to be

1492

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

1493

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

1494

proportionate-share mitigation of impacts on public school

1495

facilities must be established in the public school facilities

1496

element and the interlocal agreement pursuant to s. 163.31777.

1497

     1.  Appropriate mitigation options include the contribution

1498

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

1499

acquisition or construction of a public school facility; the

1500

construction of a charter school that complies with the

1501

requirements of subparagraph 2.; or the creation of mitigation

1502

banking based on the construction of a public school facility or

1503

charter school that complies with the requirements of

1504

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

1505

credits. Such options must include execution by the applicant and

1506

the local government of a development agreement that constitutes

1507

a legally binding commitment to pay proportionate-share

1508

mitigation for the additional residential units approved by the

1509

local government in a development order and actually developed on

1510

the property, taking into account residential density allowed on

1511

the property prior to the plan amendment that increased the

1512

overall residential density. The district school board must be a

1513

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

1514

local government or district school board to approve a

1515

development agreement proffering charter school facilities shall

1516

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

1517

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

1518

local government may require the landowner to agree to continuing

1519

renewal of the agreement upon its expiration.

1520

     2. The construction of a charter school facility shall be

1521

an appropriate mitigation option if the facility limits

1522

enrollment to those students residing within a defined geographic

1523

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

1524

a nonprofit entity or local government, the design and

1525

construction of the facility complies with the lifesafety

1526

requirements of Florida State Requirements for Educational

1527

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

1528

reversion of the facility to the district school board if the

1529

facility ceases to be used for public educational purposes as

1530

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

1531

the right to monitor and inspect charter facilities constructed

1532

under this section to ensure compliance with the lifesafety

1533

requirements of SREF and shall have the authority to waive SREF

1534

standards in the same manner permitted for district-owned public

1535

schools.

1536

     3.2. If the education facilities plan and the public

1537

educational facilities element authorize a contribution of land;

1538

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

1539

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

1540

portion thereof, or the construction of a charter school that

1541

complies with the requirements of subparagraph 2., as

1542

proportionate-share mitigation, the local government shall credit

1543

such a contribution, construction, expansion, or payment toward

1544

any other concurrency management system, concurrency exaction,

1545

impact fee or exaction imposed by local ordinance for the same

1546

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

1547

proportionate share calculations, the percentage of relocatables

1548

used by a school district shall be considered in determining the

1549

average cost of a student station.

1550

     4.3. Any proportionate-share mitigation must be included

1551

directed by the school board as toward a school capacity

1552

improvement identified in a financially feasible 5-year district

1553

work plan that satisfies the demands created by the development

1554

in accordance with a binding developer's agreement.

1555

     5.4. If a development is precluded from commencing because

1556

there is inadequate classroom capacity to mitigate the impacts of

1557

the development, the development may nevertheless commence if

1558

there are accelerated facilities in an approved capital

1559

improvement element scheduled for construction in year four or

1560

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

1561

development, or if such accelerated facilities will be in the

1562

next annual update of the capital facilities element, the

1563

developer enters into a binding, financially guaranteed agreement

1564

with the school district to construct an accelerated facility

1565

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

1566

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

1567

the development's proportionate share. When the completed school

1568

facility is conveyed to the school district, the developer shall

1569

receive impact fee credits usable within the zone where the

1570

facility is constructed or any attendance zone contiguous with or

1571

adjacent to the zone where the facility is constructed.

1572

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

1573

government to deny a development permit or its functional

1574

equivalent pursuant to its home rule regulatory powers, except as

1575

provided in this part.

1576

     (f)  Intergovernmental coordination.--

1577

     1.  When establishing concurrency requirements for public

1578

schools, a local government shall satisfy the requirements for

1579

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

1580

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

1581

signatory to the interlocal agreement required by ss.

1582

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

1583

imposition of school concurrency, and as a nonsignatory, may

1584

shall not participate in the adopted local school concurrency

1585

system, if the municipality meets all of the following criteria

1586

for not having a no significant impact on school attendance:

1587

     a.  The municipality has issued development orders for fewer

1588

than 50 residential dwelling units during the preceding 5 years,

1589

or the municipality has generated fewer than 25 additional public

1590

school students during the preceding 5 years.

1591

     b.  The municipality has not annexed new land during the

1592

preceding 5 years in land use categories which permit residential

1593

uses that will affect school attendance rates.

1594

     c.  The municipality has no public schools located within

1595

its boundaries.

1596

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

1597

boundaries of the municipality has been built upon.

1598

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

1599

significant impact on school attendance pursuant to the criteria

1600

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

1601

evaluation and appraisal report pursuant to s. 163.3191 whether

1602

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

1603

the municipality determines that it no longer meets the criteria,

1604

it must adopt appropriate school concurrency goals, objectives,

1605

and policies in its plan amendments based on the evaluation and

1606

appraisal report, and enter into the existing interlocal

1607

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

1608

order to fully participate in the school concurrency system. If

1609

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

1610

enforcement provisions of s. 163.3191.

1611

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

1612

establishing concurrency requirements for public schools, a local

1613

government must enter into an interlocal agreement that satisfies

1614

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

1615

the requirements of this subsection. The interlocal agreement

1616

must shall acknowledge both the school board's constitutional and

1617

statutory obligations to provide a uniform system of free public

1618

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

1619

local governments, including their authority to approve or deny

1620

comprehensive plan amendments and development orders. The

1621

interlocal agreement shall be submitted to the state land

1622

planning agency by the local government as a part of the

1623

compliance review, along with the other necessary amendments to

1624

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

1625

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

1626

agreement must shall meet the following requirements:

1627

     1. Establish the mechanisms for coordinating the

1628

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

1629

public school facilities element with each other and the plans of

1630

the school board to ensure a uniform districtwide school

1631

concurrency system.

1632

     2. Establish a process for developing the development of

1633

siting criteria that which encourages the location of public

1634

schools proximate to urban residential areas to the extent

1635

possible and seeks to collocate schools with other public

1636

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

1637

extent possible.

1638

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

1639

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

1640

the adopted level-of-service standards.

1641

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

1642

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

1643

public school capital facilities program that which is

1644

financially feasible, and a process and schedule for

1645

incorporation of the public school capital facilities program

1646

into the local government comprehensive plans on an annual basis.

1647

     5.  Define the geographic application of school concurrency.

1648

If school concurrency is to be applied on a less than

1649

districtwide basis in the form of concurrency service areas, the

1650

agreement must shall establish criteria and standards for the

1651

establishment and modification of school concurrency service

1652

areas. The agreement must shall also establish a process and

1653

schedule for the mandatory incorporation of the school

1654

concurrency service areas and the criteria and standards for

1655

establishment of the service areas into the local government

1656

comprehensive plans. The agreement must shall ensure maximum

1657

utilization of school capacity, taking into account

1658

transportation costs and court-approved desegregation plans, as

1659

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

1660

achievement and maintenance of the adopted level-of-service

1661

standards for the geographic area of application throughout the 5

1662

years covered by the public school capital facilities plan and

1663

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

1664

     6.  Establish a uniform districtwide procedure for

1665

implementing school concurrency which provides for:

1666

     a.  The evaluation of development applications for

1667

compliance with school concurrency requirements, including

1668

information provided by the school board on affected schools,

1669

impact on levels of service, and programmed improvements for

1670

affected schools, and any options to provide sufficient capacity;

1671

     b.  An opportunity for the school board to review and

1672

comment on the effect of comprehensive plan amendments and

1673

rezonings on the public school facilities plan; and

1674

     c.  The monitoring and evaluation of the school concurrency

1675

system.

1676

     7.  Include provisions relating to amendment of the

1677

agreement.

1678

     8.  A process and uniform methodology for determining

1679

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

1680

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

1681

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

1682

development permit or its functional equivalent prior to the

1683

implementation of school concurrency.

1684

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

1685

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

1686

review and determination of compliance of a public school

1687

facilities element adopted by a local government for purposes of

1688

imposition of school concurrency.

1689

     (15) MULTIMODAL DISTRICTS.--

1690

     (a)  Multimodal transportation districts may be established

1691

under a local government comprehensive plan in areas delineated

1692

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

1693

assigns secondary priority to vehicle mobility and primary

1694

priority to assuring a safe, comfortable, and attractive

1695

pedestrian environment, with convenient interconnection to

1696

transit. Such districts must incorporate community design

1697

features that will reduce the number of automobile trips or

1698

vehicle miles of travel and will support an integrated,

1699

multimodal transportation system. Prior to the designation of

1700

multimodal transportation districts, the Department of

1701

Transportation shall be consulted by the local government to

1702

assess the impact that the proposed multimodal district area is

1703

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

1704

established for Strategic Intermodal System facilities, as

1705

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

1706

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

1707

local government shall, in cooperation with the Department of

1708

Transportation, develop a plan to mitigate any impacts to the

1709

Strategic Intermodal System, including the development of a long-

1710

term concurrency management system pursuant to subsection (9) and

1711

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

1712

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

1713

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

1714

comprehensive plan update pursuant to the evaluation and

1715

appraisal report, whichever occurs last.

1716

     (b) Community design elements of such a multimodal

1717

transportation district include: a complementary mix and range of

1718

land uses, including educational, recreational, and cultural

1719

uses; interconnected networks of streets designed to encourage

1720

walking and bicycling, with traffic-calming where desirable;

1721

appropriate densities and intensities of use within walking

1722

distance of transit stops; daily activities within walking

1723

distance of residences, allowing independence to persons who do

1724

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

1725

comfortable, and attractive for the pedestrian, with adjoining

1726

buildings open to the street and with parking not interfering

1727

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

1728

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

1729

service standards that rely primarily on nonvehicular modes of

1730

transportation within the district, if when justified by an

1731

analysis demonstrating that the existing and planned community

1732

design will provide an adequate level of mobility within the

1733

district based upon professionally accepted multimodal level-of-

1734

service methodologies. The analysis must also demonstrate that

1735

the capital improvements required to promote community design are

1736

financially feasible over the development or redevelopment

1737

timeframe for the district and that community design features

1738

within the district provide convenient interconnection for a

1739

multimodal transportation system. Local governments may issue

1740

development permits in reliance upon all planned community design

1741

capital improvements that are financially feasible over the

1742

development or redevelopment timeframe for the district, without

1743

regard to the period of time between development or redevelopment

1744

and the scheduled construction of the capital improvements. A

1745

determination of financial feasibility shall be based upon

1746

currently available funding or funding sources that could

1747

reasonably be expected to become available over the planning

1748

period.

1749

     (d)  Local governments may reduce impact fees or local

1750

access fees for development within multimodal transportation

1751

districts based on the reduction of vehicle trips per household

1752

or vehicle miles of travel expected from the development pattern

1753

planned for the district.

1754

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

1755

in consultation with the state land planning agency and

1756

interested local governments, may designate a study area for

1757

conducting a pilot project to determine the benefits of and

1758

barriers to establishing a regional multimodal transportation

1759

concurrency district that extends over more than one local

1760

government jurisdiction. If designated:

1761

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

1762

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

1763

service area, and have the consent of the local governments

1764

within the study area. The Department of Transportation and the

1765

state land planning agency shall provide technical assistance.

1766

     2.  The local governments within the study area and the

1767

Department of Transportation, in consultation with the state land

1768

planning agency, shall cooperatively create a multimodal

1769

transportation plan that meets the requirements of this section.

1770

The multimodal transportation plan must include viable local

1771

funding options and incorporate community design features,

1772

including a range of mixed land uses and densities and

1773

intensities, which will reduce the number of automobile trips or

1774

vehicle miles of travel while supporting an integrated,

1775

multimodal transportation system.

1776

     3.  To effectuate the multimodal transportation concurrency

1777

district, participating local governments may adopt appropriate

1778

comprehensive plan amendments.

1779

     4.  The Department of Transportation, in consultation with

1780

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

1781

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

1782

Speaker of the House of Representatives on the status of the

1783

pilot project. The report must identify any factors that support

1784

or limit the creation and success of a regional multimodal

1785

transportation district including intergovernmental coordination.

1786

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

1787

local governments as Urban Placemaking Initiative Pilot Projects.

1788

The purpose of the pilot project program is to assist local

1789

communities with redevelopment of primarily single-use suburban

1790

areas that surround strategic corridors and crossroads, and to

1791

create livable, sustainable communities that have a sense of

1792

place. Pilot communities must have a county population of at

1793

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

1794

the pilot project, and have appropriate potential redevelopment

1795

areas suitable for the pilot project. Recognizing that both the

1796

form of existing development patterns and strict application of

1797

transportation concurrency requirements create obstacles to such

1798

redevelopment, the pilot project program shall further the

1799

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

1800

communities that integrate all modes of transportation. The pilot

1801

project program shall provide an alternative regulatory framework

1802

that allows for the creation of a multimodal concurrency district

1803

that over the planning time period allows pilot project

1804

communities to incrementally realize the goals of the

1805

redevelopment area by guiding redevelopment of parcels and

1806

cultivating multimodal development in targeted transitional

1807

suburban areas. The Department of Transportation shall provide

1808

technical support to the state land planning agency and the

1809

department and the agency shall provide technical assistance to

1810

the local governments in the implementation of the pilot

1811

projects.

1812

     1. Each pilot project community shall designate the

1813

criteria for designation of urban placemaking redevelopment areas

1814

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

1815

redevelopment areas must be within an adopted urban service

1816

boundary or functional equivalent. Each pilot project community

1817

shall also adopt comprehensive plan amendments that set forth

1818

criteria for the development of the urban placemaking areas that

1819

contain land use and transportation strategies, including, but

1820

not limited to, the community design elements set forth in

1821

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

1822

process of public engagement to coordinate community vision,

1823

citizen interest, and development goals for developments within

1824

the urban placemaking redevelopment areas.

1825

     2. Each pilot project community may assign transportation

1826

concurrency or trip generation credits and impact fee exemptions

1827

or reductions and establish concurrency exceptions for

1828

developments that meet the adopted comprehensive plan criteria

1829

for urban placemaking redevelopment areas. The provisions of

1830

paragraph (c) apply to designated urban placemaking redevelopment

1831

areas.

1832

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

1833

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

1834

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

1835

approved pilot project. The report must identify factors that

1836

indicate whether or not the pilot project program has

1837

demonstrated any success in urban placemaking and redevelopment

1838

initiatives and whether the pilot project should be expanded for

1839

use by other local governments.

1840

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

1841

Legislature to provide a method by which the impacts of

1842

development on transportation facilities can be mitigated by the

1843

cooperative efforts of the public and private sectors. The

1844

methodology used to calculate proportionate fair-share mitigation

1845

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

1846

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

1847

alternative methodology shall be used which is identified by the

1848

local government as a part of its comprehensive plan and ensures

1849

that development impacts on transportation facilities are

1850

mitigated.

1851

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

1852

by ordinance a methodology for assessing proportionate fair-share

1853

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

1854

Transportation shall develop a model transportation concurrency

1855

management ordinance that has with methodologies for assessing

1856

proportionate fair-share mitigation options.

1857

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

1858

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

1859

methodologies to be applied in calculating that will be applied

1860

to calculate proportionate fair-share mitigation.

1861

     1. A developer may choose to satisfy all transportation

1862

concurrency requirements by contributing or paying proportionate

1863

fair-share mitigation if transportation facilities or facility

1864

segments identified as mitigation for traffic impacts are

1865

specifically identified for funding in the 5-year schedule of

1866

capital improvements in the capital improvements element of the

1867

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

1868

such contributions or payments to such facilities or segments are

1869

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

1870

next regularly scheduled update of the capital improvements

1871

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

1872

reflect proportionate fair-share contributions may not be found

1873

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

1874

additional contributions, payments or funding sources are

1875

reasonably anticipated during a period not to exceed 10 years to

1876

fully mitigate impacts on the transportation facilities.

1877

     2.  Proportionate fair-share mitigation shall be applied as

1878

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

1879

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

1880

same capital infrastructure improvements contemplated by the

1881

local government's impact fee ordinance.

1882

     (c)  Proportionate fair-share mitigation includes, without

1883

limitation, separately or collectively, private funds,

1884

contributions of land, and construction and contribution of

1885

facilities and may include public funds as determined by the

1886

local government. Proportionate fair-share mitigation may be

1887

directed toward one or more specific transportation improvements

1888

reasonably related to the mobility demands created by the

1889

development and such improvements may address one or more modes

1890

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

1891

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

1892

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

1893

its proportionate fair-share contribution regardless of the

1894

method of mitigation. Proportionate fair-share mitigation shall

1895

be limited to ensure that a development meeting the requirements

1896

of this section mitigates its impact on the transportation system

1897

but is not responsible for the additional cost of reducing or

1898

eliminating backlogs.

1899

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

1900

approve a development that is not otherwise qualified for

1901

approval pursuant to the applicable local comprehensive plan and

1902

land development regulations.

1903

     (e)  Mitigation for development impacts to facilities on the

1904

Strategic Intermodal System made pursuant to this subsection

1905

requires the concurrence of the Department of Transportation.

1906

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

1907

element are insufficient to fully fund construction of a

1908

transportation improvement required by the local government's

1909

concurrency management system, a local government and a developer

1910

may still enter into a binding proportionate-share agreement

1911

authorizing the developer to construct that amount of development

1912

on which the proportionate share is calculated if the

1913

proportionate-share amount in the such agreement is sufficient to

1914

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

1915

the governmental entity or entities maintaining the

1916

transportation facilities, significantly benefit the impacted

1917

transportation system. The improvements funded by the

1918

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

1919

capital improvements schedule of the comprehensive plan at the

1920

next annual capital improvements element update. The funding of

1921

any improvements that significantly benefit the impacted

1922

transportation system satisfies concurrency requirements as a

1923

mitigation of the development's impact upon the overall

1924

transportation system even if there remains a failure of

1925

concurrency on other impacted facilities.

1926

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

1927

does may not prohibit the state land planning agency Department

1928

of Community Affairs from finding other portions of the capital

1929

improvements element amendments not in compliance as provided in

1930

this chapter.

1931

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

1932

a development of regional impact satisfying the requirements of

1933

subsection (12).

1934

     (17) TRANSPORTATION CONCURRENCY INCENTIVES.--The

1935

Legislature finds that allowing private-sector entities to

1936

finance, construct, and improve public transportation facilities

1937

can provide significant benefits to the public by facilitating

1938

transportation without the need for additional public tax

1939

revenues. In order to encourage the more efficient and proactive

1940

provision of transportation improvements by the private sector,

1941

if a developer or property owner voluntarily contributes right-

1942

of-way and physically constructs or expands a state

1943

transportation facility or segment, and such construction or

1944

expansion:

1945

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

1946

voluntary contribution may be applied as a credit for that

1947

property owner or developer against any future transportation

1948

concurrency requirements pursuant to this chapter if the

1949

transportation improvement is identified in the 5-year work plan

1950

of the Department of Transportation, and such contributions and

1951

credits are set forth in a legally binding agreement executed by

1952

the property owner or developer, the local government of the

1953

jurisdiction in which the facility is located, and the Department

1954

of Transportation.

1955

     (b) Is identified in the capital improvement schedule,

1956

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

1957

legally binding agreement between the property owner or developer

1958

and the applicable local government, the contribution to the

1959

local government collector and the arterial system may be applied

1960

as credit against any future transportation concurrency

1961

requirements under this chapter.

1962

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

1963

that the existing transportation concurrency system has not

1964

adequately addressed the state's transportation needs in an

1965

effective, predictable, and equitable manner and is not producing

1966

a sustainable transportation system for the state. The current

1967

system is complex, lacks uniformity among jurisdictions, is too

1968

focused on roadways to the detriment of desired land use patterns

1969

and transportation alternatives, and frequently prevents the

1970

attainment of important growth management goals. The state,

1971

therefore, should consider a different transportation concurrency

1972

approach that uses a mobility fee based on vehicle and people

1973

miles traveled. Therefore, the Legislature directs the state land

1974

planning agency to study and develop a methodology for a mobility

1975

fee system as follows:

1976

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

1977

the Department of Transportation, shall convene a study group

1978

that includes representatives from the Department of

1979

Transportation, regional planning councils, local governments,

1980

the development community, land use and transportation

1981

professionals, and the Legislature to develop a uniform mobility

1982

fee methodology for statewide application to replace the existing

1983

transportation concurrency management system. The methodology

1984

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

1985

vehicle and people miles traveled, professionally accepted

1986

standards and practices in the fields of land use and

1987

transportation planning, and the requirements of constitutional

1988

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

1989

for mobility needs, ensure that development provides mitigation

1990

for its impacts on the transportation system, and promote

1991

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

1992

mobility fee shall be used to fund improvements to the

1993

transportation system.

1994

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

1995

shall provide a report to the Legislature containing

1996

recommendations concerning an appropriate uniform mobility fee

1997

methodology and whether a mobility fee system should be applied

1998

statewide or to more limited geographic areas, a schedule to

1999

amend comprehensive plans and land development rules to

2000

incorporate the mobility fee, a system for collecting and

2001

allocating mobility fees among state and local transportation

2002

facilities, and whether and how mobility fees should replace,

2003

revise, or supplement transportation impact fees.

2004

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

2005

workforce housing units developed in accordance with s.

2006

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

2007

centers in close proximity to the affordable workforce housing

2008

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

2009

employee or employees of an identified employment center or

2010

centers, all of the affordable workforce housing units are exempt

2011

from transportation concurrency requirements, and the local

2012

government may not reduce any transportation trip-generation

2013

entitlements of an approved development-of-regional-impact

2014

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

2015

proximity" means 5 miles from the nearest point of the

2016

development of regional impact to the nearest point of the

2017

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

2018

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

2019

employees.

2020

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

2021

163.31801, Florida Statutes, is amended to read:

2022

     163.31801  Impact fees; short title; intent; definitions;

2023

ordinances levying impact fees.--

2024

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

2025

municipality or by resolution of a special district must, at

2026

minimum:

2027

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

2028

before the effective date of an ordinance or resolution imposing

2029

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

2030

an impact fee is decreased or eliminated.

2031

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

2032

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

2033

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

2034

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

2035

     163.3184  Process for adoption of comprehensive plan or plan

2036

amendment.--

2037

     (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

2038

AMENDMENT.--

2039

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

2040

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

2041

conduct a neighborhood meeting to present, discuss, and solicit

2042

public comment on the proposed amendment. Such meeting shall be

2043

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

2044

application for the amendment is filed with the local government.

2045

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

2046

accordance with each of the following requirements:

2047

     1. Notice of the meeting shall be:

2048

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

2049

the date of the meeting to all property owners owning property

2050

within 500 feet of the property subject to the proposed

2051

amendment, according to information maintained by the county tax

2052

assessor. Such information shall conclusively establish the

2053

required recipients;

2054

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

2055

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

2056

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

2057

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

2058

condominium associations maintained by the jurisdiction, if any.

2059

     2. The meeting shall be conducted at an accessible and

2060

convenient location.

2061

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

2062

maintained.

2063

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

2064

local governing body's scheduled adoption hearing, the applicant

2065

shall conduct a second noticed community or neighborhood meeting

2066

for the purpose of presenting and discussing the map amendment

2067

application, including any changes made to the proposed amendment

2068

following the first community or neighborhood meeting. Notice by

2069

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

2070

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

2071

the preapplication meeting and persons whose names are on the

2072

sign-in sheet from the transmittal hearing conducted pursuant to

2073

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

2074

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

2075

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

2076

shall file with the local government a written certification or

2077

verification that the second meeting has been noticed and

2078

conducted in accordance with this section.

2079

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

2080

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

2081

acres, the applicant must conduct a neighborhood meeting in

2082

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

2083

45 days before the local governing body's scheduled adoption

2084

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

2085

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

2086

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

2087

     (d) The requirement for neighborhood meetings as provided

2088

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

2089

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

2090

ordinance, adopts a procedure for holding a neighborhood meeting

2091

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

2092

more than one such meeting be required.

2093

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

2094

complete proposed comprehensive plan or plan amendment to the

2095

state land planning agency, the appropriate regional planning

2096

council and water management district, the Department of

2097

Environmental Protection, the Department of State, and the

2098

Department of Transportation, and, in the case of municipal

2099

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

2100

plans, to the Fish and Wildlife Conservation Commission and the

2101

Department of Agriculture and Consumer Services, immediately

2102

following a public hearing pursuant to subsection (15) as

2103

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

2104

The local governing body shall also transmit a copy of the

2105

complete proposed comprehensive plan or plan amendment to any

2106

other unit of local government or government agency in the state

2107

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

2108

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

2109

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

2110

the time of the transmittal of an amendment.

2111

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

2112

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

2113

all state agencies designated by the state land planning agency a

2114

complete copy of its adopted comprehensive plan pursuant to

2115

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

2116

In the case of comprehensive plan amendments, the local governing

2117

body shall transmit to the state land planning agency, the

2118

appropriate regional planning council and water management

2119

district, the Department of Environmental Protection, the

2120

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

2121

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

2122

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

2123

Commission and the Department of Agriculture and Consumer

2124

Services the materials specified in the state land planning

2125

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

2126

amendment is a result of an evaluation and appraisal report

2127

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

2128

appraisal report. Local governing bodies shall consolidate all

2129

proposed plan amendments into a single submission for each of the

2130

two plan amendment adoption dates during the calendar year

2131

pursuant to s. 163.3187.

2132

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

2133

amendment previously transmitted pursuant to this subsection,

2134

unless review is requested or otherwise initiated pursuant to

2135

subsection (6).

2136

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

2137

multiple individual amendments that can be clearly and legally

2138

separated and distinguished for the purpose of determining

2139

whether to review the proposed amendment, and the state land

2140

planning agency elects to review several or a portion of the

2141

amendments and the local government chooses to immediately adopt

2142

the remaining amendments not reviewed, the amendments immediately

2143

adopted and any reviewed amendments that the local government

2144

subsequently adopts together constitute one amendment cycle in

2145

accordance with s. 163.3187(1).

2146

2147

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

2148

filed after January 1, 2009.

2149

     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies

2150

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

2151

land planning agency within 30 days after receipt by the state

2152

land planning agency of the complete proposed plan amendment. If

2153

the plan or plan amendment includes or relates to the public

2154

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

2155

land planning agency shall submit a copy to the Office of

2156

Educational Facilities of the Commissioner of Education for

2157

review and comment. The appropriate regional planning council

2158

shall also provide its written comments to the state land

2159

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

2160

planning agency of the complete proposed plan amendment and shall

2161

specify any objections, recommendations for modifications, and

2162

comments of any other regional agencies to which the regional

2163

planning council may have referred the proposed plan amendment.

2164

Written comments submitted by the public within 30 days after

2165

notice of transmittal by the local government of the proposed

2166

plan amendment will be considered as if submitted by governmental

2167

agencies. All written agency and public comments must be made

2168

part of the file maintained under subsection (2).

2169

     (6)  STATE LAND PLANNING AGENCY REVIEW.--

2170

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

2171

plan amendment upon request of a regional planning council,

2172

affected person, or local government transmitting the plan

2173

amendment. The request from the regional planning council or

2174

affected person must be received within 45 30 days after

2175

transmittal of the proposed plan amendment pursuant to subsection

2176

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

2177

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

2178

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

2179

other person who has requested notice.

2180

     (d)  The state land planning agency review shall identify

2181

all written communications with the agency regarding the proposed

2182

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

2183

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

2184

government all written communications received 45 30 days after

2185

transmittal. The written identification must include a list of

2186

all documents received or generated by the agency, which list

2187

must be of sufficient specificity to enable the documents to be

2188

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

2189

person to be contacted to request copies of any identified

2190

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

2191

records of the state land planning agency.

2192

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

2193

OR AMENDMENTS AND TRANSMITTAL.--

2194

     (a)  The local government shall review the written comments

2195

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

2196

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

2197

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

2198

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

2199

proceeding in which the comprehensive plan or plan amendment may

2200

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

2201

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

2202

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

2203

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

2204

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

2205

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

2206

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

2207

the amendment. The adoption of the proposed plan or plan

2208

amendment or the determination not to adopt a plan amendment,

2209

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

2210

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

2211

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

2212

comprehensive plan or plan amendment within the period set forth

2213

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

2214

abandoned and may not be considered until the next available

2215

amendment cycle pursuant to this section and s. 163.3187.

2216

However, if the applicant or local government, before the

2217

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

2218

planning agency that the applicant is proceeding in good faith to

2219

address the items raised in the agency report issued pursuant to

2220

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

2221

163.32465(4), and such certification specifically identifies the

2222

items being addressed, the state land planning agency may grant

2223

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

2224

following the date of the issuance of the agency report or

2225

comments if the request is justified by good and sufficient cause

2226

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

2227

the applicant shall file with the local government and state land

2228

planning agency a status report every 60 days specifically

2229

identifying the items being addressed and the manner in which

2230

such items are being addressed. The local government shall

2231

transmit the complete adopted comprehensive plan or plan

2232

amendment, including the names and addresses of persons compiled

2233

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

2234

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

2235

days after adoption. The local governing body shall also transmit

2236

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

2237

regional planning agency and to any other unit of local

2238

government or governmental agency in the state that has filed a

2239

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

2240

plan amendment.

2241

     (15)  PUBLIC HEARINGS.--

2242

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

2243

advertised public hearings on the proposed comprehensive plan or

2244

plan amendment as follows:

2245

     1.  The first public hearing shall be held at the

2246

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

2247

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

2248

advertisement is published.

2249

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

2250

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

2251

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

2252

published. The comprehensive plan or plan amendment to be

2253

considered for adoption must be available to the public at least

2254

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

2255

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

2256

government's website if one is maintained. The proposed

2257

comprehensive plan amendment may not be altered during the 5 days

2258

before the hearing if such alteration increases the permissible

2259

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

2260

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

2261

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

2262

public hearing shall be continued to the next meeting of the

2263

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

2264

government shall certify in writing to the state land planning

2265

agency that it has complied with this subsection.

2266

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

2267

the transmittal hearing and at the adoption hearing for persons

2268

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

2269

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

2270

information will receive a courtesy informational statement

2271

concerning publications of the state land planning agency's

2272

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

2273

form the name and address of any person who submits written

2274

comments concerning the proposed plan or plan amendment during

2275

the time period between the commencement of the transmittal

2276

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

2277

responsibility of the person completing the form or providing

2278

written comments to accurately, completely, and legibly provide

2279

all information needed in order to receive the courtesy

2280

informational statement.

2281

     (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN

2282

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

2283

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

2284

may adopt a plan amendment related to map amendments solely to

2285

property within an urban service boundary in the manner described

2286

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

2287

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

2288

regional agency review is eliminated. The department may not

2289

issue an objections, recommendations, and comments report on

2290

proposed plan amendments or a notice of intent on adopted plan

2291

amendments; however, affected persons, as defined by paragraph

2292

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

2293

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

2294

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

2295

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

2296

amendment that increases residential densities allowable in high-

2297

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

2298

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

2299

government's comprehensive plan. Amendments submitted under this

2300

subsection are exempt from the limitation on the frequency of

2301

plan amendments in s. 163.3187.

2302

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

2303

municipality that has a designated urban infill and redevelopment

2304

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

2305

amendments solely to property within a designated urban infill

2306

and redevelopment area in the manner described in subsections

2307

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

2308

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

2309

eliminated. The department may not issue an objections,

2310

recommendations, and comments report on proposed plan amendments

2311

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

2312

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

2313

petition for administrative review pursuant to the requirements

2314

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

2315

plan amendment. This subsection does not apply to any amendment

2316

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

2317

increases residential densities allowable in high-hazard coastal

2318

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

2319

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

2320

comprehensive plan. Amendments submitted under this subsection

2321

are exempt from the limitation on the frequency of plan

2322

amendments in s. 163.3187.

2323

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

2324

local government that identifies in its comprehensive plan the

2325

types of housing developments and conditions for which it will

2326

consider plan amendments that are consistent with the local

2327

housing incentive strategies identified in s. 420.9076 and

2328

authorized by the local government may expedite consideration of

2329

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

2330

plan amendment pursuant to this subsection, the local government

2331

shall notify the state land planning agency of its intent to

2332

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

2333

government's evaluation of site suitability and availability of

2334

facilities and services. A plan amendment considered under this

2335

subsection shall require only a single public hearing before the

2336

local governing body, which shall be a plan amendment adoption

2337

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

2338

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

2339

statement that the local government intends to use the expedited

2340

adoption process authorized under this subsection. The state land

2341

planning agency shall issue its notice of intent required under

2342

subsection (8) within 30 days after determining that the

2343

amendment package is complete. Any further proceedings shall be

2344

governed by subsections (9)-(16).

2345

     Section 10.  Section 163.3187, Florida Statutes, is amended

2346

to read:

2347

     163.3187  Amendment of adopted comprehensive plan.--

2348

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

2349

service area that includes lands appropriate for compact

2350

contiguous urban development, which does not exceed the amount of

2351

land needed to accommodate projected population growth at

2352

densities consistent with the adopted comprehensive plan within a

2353

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

2354

served with public facilities and services as provided by the

2355

capital improvements element may be transmitted not more than two

2356

times during any calendar year. Amendments to comprehensive plans

2357

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

2358

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

2359

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

2360

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

2361

government at any time during a calendar year without regard for

2362

the frequency restrictions set forth in this subsection:

2363

     1. Any local government comprehensive plan In the case of

2364

an emergency, comprehensive plan amendments may be made more

2365

often than twice during the calendar year if the additional plan

2366

amendment enacted in case of emergency which receives the

2367

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

2368

means any occurrence or threat thereof whether accidental or

2369

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

2370

may result in substantial injury or harm to the population or

2371

substantial damage to or loss of property or public funds.

2372

     2.(b) Any local government comprehensive plan amendments

2373

directly related to a proposed development of regional impact,

2374

including changes which have been determined to be substantial

2375

deviations and including Florida Quality Developments pursuant to

2376

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

2377

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

2378

application for development approval using the procedures

2379

provided for local plan amendment in this section and applicable

2380

local ordinances, without regard to statutory or local ordinance

2381

limits on the frequency of consideration of amendments to the

2382

local comprehensive plan. Nothing in this subsection shall be

2383

deemed to require favorable consideration of a plan amendment

2384

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

2385

     3.(c) Any Local government comprehensive plan amendments

2386

directly related to proposed small scale development activities

2387

may be approved without regard to statutory limits on the

2388

frequency of consideration of amendments to the local

2389

comprehensive plan. A small scale development amendment may be

2390

adopted only under the following conditions:

2391

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

2392

fewer and:

2393

     a.  The cumulative annual effect of the acreage for all

2394

small scale development amendments adopted by the local

2395

government shall not exceed:

2396

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

2397

contains areas specifically designated in the local comprehensive

2398

plan for urban infill, urban redevelopment, or downtown

2399

revitalization as defined in s. 163.3164, urban infill and

2400

redevelopment areas designated under s. 163.2517, transportation

2401

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

2402

or regional activity centers and urban central business districts

2403

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

2404

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

2405

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

2406

subparagraph. Amendments adopted pursuant to paragraph (k) shall

2407

not be counted toward the acreage limitations for small scale

2408

amendments under this paragraph.

2409

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

2410

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

2411

subparagraph (I).

2412

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

2413

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

2414

     b.  The proposed amendment does not involve the same

2415

property granted a change within the prior 12 months.

2416

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

2417

property within 200 feet of property granted a change within the

2418

prior 12 months.

2419

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

2420

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

2421

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

2422

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

2423

activity.

2424

     e.  The property that is the subject of the proposed

2425

amendment is not located within an area of critical state

2426

concern, unless the project subject to the proposed amendment

2427

involves the construction of affordable housing units meeting the

2428

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

2429

critical state concern designated by s. 380.0552 or by the

2430

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

2431

amendment is not subject to the density limitations of sub-

2432

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

2433

agency for consistency with the principles for guiding

2434

development applicable to the area of critical state concern

2435

where the amendment is located and is shall not become effective

2436

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

2437

     f.  If the proposed amendment involves a residential land

2438

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

2439

per acre or the proposed future land use category allows a

2440

maximum residential density of the same or less than the maximum

2441

residential density allowable under the existing future land use

2442

category, except that this limitation does not apply to small

2443

scale amendments involving the construction of affordable housing

2444

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

2445

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

2446

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

2447

designated in the local comprehensive plan for urban infill,

2448

urban redevelopment, or downtown revitalization as defined in s.

2449

163.3164, urban infill and redevelopment areas designated under

2450

s. 163.2517, transportation concurrency exception areas approved

2451

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

2452

urban central business districts approved pursuant to s.

2453

380.06(2)(e).

2454

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

2455

amendment pursuant to this paragraph is not required to comply

2456

with the procedures and public notice requirements of s.

2457

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

2458

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

2459

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

2460

amendment under this paragraph is initiated by other than the

2461

local government, public notice is required.

2462

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

2463

amendment to the state land planning agency, the regional

2464

planning council, and any other person or entity requesting a

2465

copy. This information shall also include a statement identifying

2466

any property subject to the amendment that is located within a

2467

coastal high-hazard area as identified in the local comprehensive

2468

plan.

2469

     6.3. Small scale development amendments adopted pursuant to

2470

this paragraph require only one public hearing before the

2471

governing board, which shall be an adoption hearing as described

2472

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

2473

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

2474

subject to those requirements.

2475

     7.4. If the small scale development amendment involves a

2476

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

2477

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

2478

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

2479

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

2480

The local government approving the small scale plan amendment

2481

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

2482

Development that the plan amendment furthers the economic

2483

objectives set forth in the executive order issued under s.

2484

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

2485

undergo public review to ensure that all concurrency requirements

2486

and federal, state, and local environmental permit requirements

2487

are met.

2488

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

2489

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

2490

without regard to statutory limits on the frequency of adoption

2491

of amendments to the comprehensive plan.

2492

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

2493

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

2494

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

2495

amendments.

2496

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

2497

schedule in the capital improvements element, and any amendments

2498

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

2499

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

2500

subsection when necessary to coincide with the adoption of the

2501

local government's budget and capital improvements program.

2502

     (g) Any local government comprehensive plan amendments

2503

directly related to proposed redevelopment of brownfield areas

2504

designated under s. 376.80 may be approved without regard to

2505

statutory limits on the frequency of consideration of amendments

2506

to the local comprehensive plan.

2507

     10.(h) Any comprehensive plan amendments for port

2508

transportation facilities and projects that are eligible for

2509

funding by the Florida Seaport Transportation and Economic

2510

Development Council pursuant to s. 311.07.

2511

     (i) A comprehensive plan amendment for the purpose of

2512

designating an urban infill and redevelopment area under s.

2513

163.2517 may be approved without regard to the statutory limits

2514

on the frequency of amendments to the comprehensive plan.

2515

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

2516

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

2517

not limited to, adoption of a public school facilities element

2518

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

2519

capital improvements element and intergovernmental coordination

2520

element. In order to ensure the consistency of local government

2521

public school facilities elements within a county, such elements

2522

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

2523

     (k) A local comprehensive plan amendment directly related

2524

to providing transportation improvements to enhance life safety

2525

on Controlled Access Major Arterial Highways identified in the

2526

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

2527

125.011, where such roadways have a high incidence of traffic

2528

accidents resulting in serious injury or death. Any such

2529

amendment shall not include any amendment modifying the

2530

designation on a comprehensive development plan land use map nor

2531

any amendment modifying the allowable densities or intensities of

2532

any land.

2533

     (l) A comprehensive plan amendment to adopt a public

2534

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

2535

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

2536

notwithstanding statutory limits on the frequency of adopting

2537

plan amendments.

2538

     (m) A comprehensive plan amendment that addresses criteria

2539

or compatibility of land uses adjacent to or in close proximity

2540

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

2541

element does not count toward the limitation on the frequency of

2542

the plan amendments.

2543

     (n) Any local government comprehensive plan amendment

2544

establishing or implementing a rural land stewardship area

2545

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

2546

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

2547

area designated by the Governor as a rural area of critical

2548

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

2549

development objectives may be approved without regard to the

2550

statutory limits on the frequency of adoption of amendments to

2551

the comprehensive plan.

2552

     (p) Any local government comprehensive plan amendment that

2553

is consistent with the local housing incentive strategies

2554

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

2555

     12. Any local government comprehensive plan amendment

2556

adopted pursuant to a final order issued by the Administration

2557

Commission or Florida Land and Water Adjudicatory Commission.

2558

     13. A future land use map amendment within an area

2559

designated by the Governor as a rural area of critical economic

2560

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

2561

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

2562

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

2563

Economic Development written certification that the plan

2564

amendment furthers the economic objectives set forth in the

2565

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

2566

to the plan amendment is subject to all concurrency requirements

2567

and federal, state, and local environmental permit requirements.

2568

     14. Any local government comprehensive plan amendment

2569

establishing or implementing a rural land stewardship area

2570

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

2571

pursuant to the provisions of s. 163.3245.

2572

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

2573

as to preserve the internal consistency of the plan pursuant to

2574

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

2575

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

2576

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

2577

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

2578

issue a notice of intent for small scale development amendments

2579

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

2580

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

2581

of Administrative Hearings pursuant to ss. 120.569 and 120.57 to

2582

request a hearing to challenge the compliance of a small scale

2583

development amendment with this act within 30 days following the

2584

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

2585

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

2586

to the state land planning agency. An administrative law judge

2587

shall hold a hearing in the affected jurisdiction not less than

2588

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

2589

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

2590

a hearing held pursuant to this subsection shall be the

2591

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

2592

proceeding, the local government's determination that the small

2593

scale development amendment is in compliance is presumed to be

2594

correct. The local government's determination shall be sustained

2595

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

2596

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

2597

In any proceeding initiated pursuant to this subsection, the

2598

state land planning agency may intervene.

2599

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

2600

small scale development amendment be found not in compliance, the

2601

administrative law judge shall submit the recommended order to

2602

the Administration Commission for final agency action. If the

2603

administrative law judge recommends that the small scale

2604

development amendment be found in compliance, the administrative

2605

law judge shall submit the recommended order to the state land

2606

planning agency.

2607

     2.  If the state land planning agency determines that the

2608

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

2609

within 30 days following its receipt, the recommended order to

2610

the Administration Commission for final agency action. If the

2611

state land planning agency determines that the plan amendment is

2612

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

2613

days following its receipt of the recommended order.

2614

     (c)  Small scale development amendments shall not become

2615

effective until 31 days after adoption. If challenged within 30

2616

days after adoption, small scale development amendments shall not

2617

become effective until the state land planning agency or the

2618

Administration Commission, respectively, issues a final order

2619

determining that the adopted small scale development amendment is

2620

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

2621

effective until it has been rendered to the state land planning

2622

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

2623

land planning agency has certified to the local government in

2624

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

2625

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

2626

planning agency a current copy of its comprehensive plan not

2627

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

2628

transmit copies of any amendments it adopts to its comprehensive

2629

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

2630

land planning agency.

2631

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

2632

limit the authority of local governments to require that a person

2633

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

2634

notice.

2635

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

2636

comprehensive plan after the date established by the state land

2637

planning agency for adoption of its evaluation and appraisal

2638

report unless it has submitted its report or addendum to the

2639

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

2640

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

2641

(1)(b) or subparagraph (1)(b)10. paragraph (1)(h).

2642

     (b)  A local government may amend its comprehensive plan

2643

after it has submitted its adopted evaluation and appraisal

2644

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

2645

of sufficiency regardless of whether the report has been

2646

determined to be insufficient.

2647

     (c)  A local government may not amend its comprehensive

2648

plan, except for plan amendments described in subparagraph

2649

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

2650

sufficiency determination of the report has expired and the

2651

report has not been determined to be sufficient.

2652

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

2653

the report has sufficiently addressed all pertinent provisions of

2654

s. 163.3191, the local government may amend its comprehensive

2655

plan without the limitations imposed by paragraph (a) or

2656

paragraph (c).

2657

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

2658

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

2659

but such invalidity may be overcome if the local government

2660

readopts the amendment and transmits the amendment to the state

2661

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

2662

is determined to be sufficient.

2663

     Section 11.  Section 163.3245, Florida Statutes, is amended

2664

to read:

2665

     163.3245  Optional sector plans.--

2666

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

2667

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

2668

detailed planning for specific areas, as a demonstration project,

2669

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

2670

this section for up to five local governments or combinations of

2671

local governments may which adopt into their the comprehensive

2672

plans plan an optional sector plan in accordance with this

2673

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

2674

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

2675

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

2676

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

2677

the level of data and analysis required for a development of

2678

regional impact, while ensuring the adequate mitigation of

2679

impacts to applicable regional resources and facilities,

2680

including those within the jurisdiction of other local

2681

governments, as would otherwise be provided. Optional sector

2682

plans are intended for substantial geographic areas that include

2683

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

2684

local governmental jurisdictions and are to emphasize urban form

2685

and protection of regionally significant resources and

2686

facilities. The state land planning agency may approve optional

2687

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

2688

circumstances if it is determined that the plan would further the

2689

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

2690

an optional sector plan is authorized by agreement between the

2691

state land planning agency and the applicable local governments

2692

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

2693

through one or more comprehensive plan amendments under s.

2694

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

2695

in an area of critical state concern.

2696

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

2697

agreement to authorize preparation of an optional sector plan

2698

upon the request of one or more local governments based on

2699

consideration of problems and opportunities presented by existing

2700

development trends; the effectiveness of current comprehensive

2701

plan provisions; the potential to further the state comprehensive

2702

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

2703

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

2704

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

2705

conduct a scoping meeting with affected local governments and

2706

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

2707

government may consider the sector plan amendments for

2708

transmittal execution of the agreement authorized by this

2709

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

2710

planning agency and the local government in identifying the

2711

identification of the relevant planning issues to be addressed

2712

and the data and resources available to assist in the preparation

2713

of the subsequent plan amendments. The regional planning council

2714

shall make written recommendations to the state land planning

2715

agency and affected local governments relating to, including

2716

whether a sustainable sector plan would be appropriate. The

2717

agreement must define the geographic area to be subject to the

2718

sector plan, the planning issues that will be emphasized,

2719

requirements for intergovernmental coordination to address

2720

extrajurisdictional impacts, supporting application materials

2721

including data and analysis, and procedures for public

2722

participation. An agreement may address previously adopted sector

2723

plans that are consistent with the standards in this section.

2724

Before executing an agreement under this subsection, the local

2725

government shall hold a duly noticed public workshop to review

2726

and explain to the public the optional sector planning process

2727

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

2728

government shall hold a duly noticed public hearing to execute

2729

the agreement. All meetings between the state land planning

2730

agency department and the local government must be open to the

2731

public.

2732

     (3)  Optional sector planning encompasses two levels:

2733

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

2734

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

2735

immediate effect on the issuance of development orders or the

2736

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

2737

detailed specific area plans that implement the conceptual long-

2738

term overlay plan buildout overlay and authorize issuance of

2739

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

2740

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

2741

future land use designations may be used only if consistent with

2742

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

2743

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

2744

underlying future land use designations apply.

2745

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

2746

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

2747

163.3184 buildout overlay must include maps and text supported by

2748

data and analysis that address the following:

2749

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

2750

at a minimum, identifies the maximum and minimum amounts,

2751

densities, intensities, and types of allowable development and

2752

generally depicts anticipated areas of urban, agricultural,

2753

rural, and conservation land use.

2754

     2. A general identification of regionally significant

2755

public facilities consistent with chapter 9J-2, Florida

2756

Administrative Code, irrespective of local governmental

2757

jurisdiction, necessary to support buildout of the anticipated

2758

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

2759

used to address and mitigate these impacts as part of the

2760

adoption of detailed specific area plans.

2761

     3. A general identification of regionally significant

2762

natural resources and policies ensuring the protection and

2763

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

2764

Florida Administrative Code.

2765

     4.  Principles and guidelines that address the urban form

2766

and interrelationships of anticipated future land uses, and a

2767

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

2768

which the plan will address restoring key ecosystems, achieving a

2769

more clean, healthy environment, limiting urban sprawl within the

2770

sector plan and surrounding area, providing affordable and

2771

workforce housing, promoting energy-efficient land use patterns,

2772

protecting wildlife and natural areas, advancing the efficient

2773

use of land and other resources, and creating quality communities

2774

and jobs.

2775

     5.  Identification of general procedures to ensure

2776

intergovernmental coordination to address extrajurisdictional

2777

impacts from the long-range conceptual overlay plan framework

2778

map.

2779

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

2780

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

2781

plans must include:

2782

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

2783

development which achieves a functional relationship between a

2784

full range of land uses within the area and encompasses to

2785

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

2786

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

2787

based on local circumstances if it is determined that the plan

2788

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

2789

     2. Detailed identification and analysis of the minimum and

2790

maximum amounts, densities, intensities, distribution, extent,

2791

and location of future land uses.

2792

     3.  Detailed identification of regionally significant public

2793

facilities, including public facilities outside the jurisdiction

2794

of the host local government, anticipated impacts of future land

2795

uses on those facilities, and required improvements consistent

2796

with the policies accompanying the plan and, for transportation,

2797

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

2798

     4.  Public facilities necessary for the short term,

2799

including developer contributions in a financially feasible 5-

2800

year capital improvement schedule of the affected local

2801

government.

2802

     5.  Detailed analysis and identification of specific

2803

measures to assure the protection of regionally significant

2804

natural resources and other important resources both within and

2805

outside the host jurisdiction, including those regionally

2806

significant resources identified in chapter 9J-2, Florida

2807

Administrative Code.

2808

     6.  Principles and guidelines that address the urban form

2809

and interrelationships of anticipated future land uses and a

2810

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

2811

which the plan will address restoring key ecosystems, achieving a

2812

more clean, healthy environment, limiting urban sprawl, providing

2813

affordable and workforce housing, promoting energy-efficient land

2814

use patterns, protecting wildlife and natural areas, advancing

2815

the efficient use of land and other resources, and creating

2816

quality communities and jobs.

2817

     7.  Identification of specific procedures to ensure

2818

intergovernmental coordination that addresses to address

2819

extrajurisdictional impacts of the detailed specific area plan.

2820

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

2821

preparation and approval of the optional sector plan and detailed

2822

specific area plan concurrently or in the same submission.

2823

     (4) The host local government shall submit a monitoring

2824

report to the state land planning agency and applicable regional

2825

planning council on an annual basis after adoption of a detailed

2826

specific area plan. The annual monitoring report must provide

2827

summarized information on development orders issued, development

2828

that has occurred, public facility improvements made, and public

2829

facility improvements anticipated over the upcoming 5 years.

2830

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

2831

specific area plan has become effective under ss. 163.3184 and

2832

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

2833

development within the geographic area of the detailed specific

2834

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

2835

development order that is vested from the detailed specific area

2836

plan may be enforced under s. 380.11.

2837

     (a)  The local government adopting the detailed specific

2838

area plan is primarily responsible for monitoring and enforcing

2839

the detailed specific area plan. Local governments may shall not

2840

issue any permits or approvals or provide any extensions of

2841

services to development that are not consistent with the detailed

2842

sector area plan.

2843

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

2844

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

2845

agreement entered into under this section, has occurred or is

2846

about to occur, it may institute an administrative or judicial

2847

proceeding to prevent, abate, or control the conditions or

2848

activity creating the violation, using the procedures in s.

2849

380.11.

2850

     (c) In instituting an administrative or judicial proceeding

2851

involving an optional sector plan or detailed specific area plan,

2852

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

2853

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

2854

(6), and (7).

2855

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

2856

the department shall provide a status report to the Legislative

2857

Committee on Intergovernmental Relations regarding each optional

2858

sector plan authorized under this section.

2859

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

2860

the rights of any person under this chapter.

2861

     Section 12.  Section 163.3246, Florida Statutes, is amended

2862

to read:

2863

     163.3246  Local Government Comprehensive Planning

2864

Certification Program.--

2865

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

2866

Government Comprehensive Planning Certification Program has had a

2867

low level of interest from and participation by local

2868

governments. New approaches, such as the Alternative State Review

2869

Process Pilot Program, provide a more effective approach to

2870

expediting and streamlining comprehensive plan amendment review.

2871

Therefore, the Local Government Comprehensive Planning

2872

Certification Program is discontinued and no additional local

2873

governments may be certified. The municipalities of Freeport,

2874

Lakeland, Miramar, and Orlando may continue to adopt amendments

2875

in accordance with this section and their certification agreement

2876

or certification notice. to be administered by the Department of

2877

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

2878

certification process for local governments who identify a

2879

geographic area for certification within which they commit to

2880

directing growth and who, because of a demonstrated record of

2881

effectively adopting, implementing, and enforcing its

2882

comprehensive plan, the level of technical planning experience

2883

exhibited by the local government, and a commitment to implement

2884

exemplary planning practices, require less state and regional

2885

oversight of the comprehensive plan amendment process. The

2886

purpose of the certification area is to designate areas that are

2887

contiguous, compact, and appropriate for urban growth and

2888

development within a 10-year planning timeframe. Municipalities

2889

and counties are encouraged to jointly establish the

2890

certification area, and subsequently enter into joint

2891

certification agreement with the department.

2892

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

2893

program, the local government must:

2894

     (a) Demonstrate a record of effectively adopting,

2895

implementing, and enforcing its comprehensive plan;

2896

     (b) Demonstrate technical, financial, and administrative

2897

expertise to implement the provisions of this part without state

2898

oversight;

2899

     (c) Obtain comments from the state and regional review

2900

agencies regarding the appropriateness of the proposed

2901

certification;

2902

     (d) Hold at least one public hearing soliciting public

2903

input concerning the local government's proposal for

2904

certification; and

2905

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

2906

comprehensive plan and land development regulations which:

2907

     1. Promote infill development and redevelopment, including

2908

prioritized and timely permitting processes in which applications

2909

for local development permits within the certification area are

2910

acted upon expeditiously for proposed development that is

2911

consistent with the local comprehensive plan.

2912

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

2913

very-low-income households or specialized housing to assist

2914

elderly and disabled persons to remain at home or in independent

2915

living arrangements.

2916

     3. Achieve effective intergovernmental coordination and

2917

address the extrajurisdictional effects of development within the

2918

certified area.

2919

     4. Promote economic diversity and growth while encouraging

2920

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

2921

the protection and restoration of the environment.

2922

     5. Provide and maintain public urban and rural open space

2923

and recreational opportunities.

2924

     6. Manage transportation and land uses to support public

2925

transit and promote opportunities for pedestrian and nonmotorized

2926

transportation.

2927

     7. Use design principles to foster individual community

2928

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

2929

oriented safe neighborhoods and town centers.

2930

     8. Redevelop blighted areas.

2931

     9. Adopt a local mitigation strategy and have programs to

2932

improve disaster preparedness and the ability to protect lives

2933

and property, especially in coastal high-hazard areas.

2934

     10. Encourage clustered, mixed-use development that

2935

incorporates greenspace and residential development within

2936

walking distance of commercial development.

2937

     11. Encourage urban infill at appropriate densities and

2938

intensities and separate urban and rural uses and discourage

2939

urban sprawl while preserving public open space and planning for

2940

buffer-type land uses and rural development consistent with their

2941

respective character along and outside the certification area.

2942

     12. Assure protection of key natural areas and agricultural

2943

lands that are identified using state and local inventories of

2944

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

2945

     a. Wildlife corridors.

2946

     b. Lands with high native biological diversity, important

2947

areas for threatened and endangered species, species of special

2948

concern, migratory bird habitat, and intact natural communities.

2949

     c. Significant surface waters and springs, aquatic

2950

preserves, wetlands, and outstanding Florida waters.

2951

     d. Water resources suitable for preservation of natural

2952

systems and for water resource development.

2953

     e. Representative and rare native Florida natural systems.

2954

     13. Ensure the cost-efficient provision of public

2955

infrastructure and services.

2956

     (3) Portions of local governments located within areas of

2957

critical state concern cannot be included in a certification

2958

area.

2959

     (4) A local government or group of local governments

2960

seeking certification of all or part of a jurisdiction or

2961

jurisdictions must submit an application to the department which

2962

demonstrates that the area sought to be certified meets the

2963

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

2964

include copies of the applicable local government comprehensive

2965

plan, land development regulations, interlocal agreements, and

2966

other relevant information supporting the eligibility criteria

2967

for designation. Upon receipt of a complete application, the

2968

department must provide the local government with an initial

2969

response to the application within 90 days after receipt of the

2970

application.

2971

     (5) If the local government meets the eligibility criteria

2972

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

2973

local government by written agreement, which shall be considered

2974

final agency action subject to challenge under s. 120.569.

2975

     (2) The agreement for the municipalities of Lakeland,

2976

Miramar, and Orlando must include the following components:

2977

     (a)  The basis for certification.

2978

     (b)  The boundary of the certification area, which

2979

encompasses areas that are contiguous, compact, appropriate for

2980

urban growth and development, and in which public infrastructure

2981

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

2982

timeframe. The certification area must is required to include

2983

sufficient land to accommodate projected population growth,

2984

housing demand, including choice in housing types and

2985

affordability, job growth and employment, appropriate densities

2986

and intensities of use to be achieved in new development and

2987

redevelopment, existing or planned infrastructure, including

2988

transportation and central water and sewer facilities. The

2989

certification area must be adopted as part of the local

2990

government's comprehensive plan.

2991

     (c)  A demonstration that the capital improvements plan

2992

governing the certified area is updated annually.

2993

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

2994

visioning plan.

2995

     (e)  A description of baseline conditions related to the

2996

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

2997

     (f)  A work program setting forth specific planning

2998

strategies and projects that will be undertaken to achieve

2999

improvement in the baseline conditions as measured by the

3000

criteria identified in paragraph (g).

3001

     (g)  Criteria to evaluate the effectiveness of the

3002

certification process in achieving the community-development

3003

goals for the certification area including:

3004

     1.  Measuring the compactness of growth, expressed as the

3005

ratio between population growth and land consumed;

3006

     2.  Increasing residential density and intensities of use;

3007

     3.  Measuring and reducing vehicle miles traveled and

3008

increasing the interconnectedness of the street system,

3009

pedestrian access, and mass transit;

3010

     4.  Measuring the balance between the location of jobs and

3011

housing;

3012

     5.  Improving the housing mix within the certification area,

3013

including the provision of mixed-use neighborhoods, affordable

3014

housing, and the creation of an affordable housing program if

3015

such a program is not already in place;

3016

     6.  Promoting mixed-use developments as an alternative to

3017

single-purpose centers;

3018

     7.  Promoting clustered development having dedicated open

3019

space;

3020

     8.  Linking commercial, educational, and recreational uses

3021

directly to residential growth;

3022

     9.  Reducing per capita water and energy consumption;

3023

     10.  Prioritizing environmental features to be protected and

3024

adopting measures or programs to protect identified features;

3025

     11.  Reducing hurricane shelter deficits and evacuation

3026

times and implementing the adopted mitigation strategies; and

3027

     12.  Improving coordination between the local government and

3028

school board.

3029

     (h)  A commitment to change any land development regulations

3030

that restrict compact development and adopt alternative design

3031

codes that encourage desirable densities and intensities of use

3032

and patterns of compact development identified in the agreement.

3033

     (i)  A plan for increasing public participation in

3034

comprehensive planning and land use decisionmaking which includes

3035

outreach to neighborhood and civic associations through community

3036

planning initiatives.

3037

     (j)  A demonstration that the intergovernmental coordination

3038

element of the local government's comprehensive plan includes

3039

joint processes for coordination between the school board and

3040

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

3041

requirements of law.

3042

     (k)  A method of addressing the extrajurisdictional effects

3043

of development within the certified area, which is integrated by

3044

amendment into the intergovernmental coordination element of the

3045

local government comprehensive plan.

3046

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

3047

land planning agency department of plan amendments adopted during

3048

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

3049

terms and conditions of the certification agreement. Prior to the

3050

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

3051

public hearing soliciting public input on the progress of the

3052

local government in satisfying the terms of the certification

3053

agreement.

3054

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

3055

years after execution of the agreement.

3056

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

3057

agreements each fiscal year. The department shall adopt

3058

procedural rules governing the application and review of local

3059

government requests for certification. Such procedural rules may

3060

establish a phased schedule for review of local government

3061

requests for certification.

3062

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

3063

certification shall include the following components:

3064

     (a) The boundary of the certification area.

3065

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

3066

the schedule provided in the written notice. The monitoring

3067

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

3068

the comprehensive plan adopted by the local government, the

3069

number of plan amendments challenged by an affected person, and

3070

the disposition of those challenges.

3071

     (4) Notwithstanding any other subsections, the municipality

3072

of Freeport shall remain certified for as long as it is

3073

designated as a rural area of critical economic concern.

3074

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

3075

the state land planning agency review the developments of

3076

regional impact that are proposed within the certified area, an

3077

application for approval of a development order within the

3078

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

3079

subject to the following:

3080

     (a) Concurrent with filing an application for development

3081

approval with the local government, a developer proposing a

3082

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

3083

380.06 shall notify in writing the regional planning council that

3084

has jurisdiction.

3085

     (b) The regional planning council shall coordinate with the

3086

developer and the local government to ensure that all concurrency

3087

requirements as well as federal, state, and local environmental

3088

permit requirements are met.

3089

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

3090

revoke the local government's certification if it determines that

3091

the local government is not substantially complying with the

3092

terms of the agreement.

3093

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

3094

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

3095

alleging that a local government is not substantially complying

3096

with the terms of the agreement, using the procedures and

3097

timeframes for notice and conditions precedent described in s.

3098

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

3099

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

3100

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

3101

amendments associated with the area certified must be adopted and

3102

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

3103

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

3104

agency review is eliminated. The state land planning agency

3105

department may not issue any objections, recommendations, and

3106

comments report on proposed plan amendments or a notice of intent

3107

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

3108

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

3109

administrative review pursuant to the requirements of s.

3110

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

3111

amendment.

3112

     (b)  Plan amendments that change the boundaries of the

3113

certification area; propose a rural land stewardship area

3114

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

3115

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

3116

update a comprehensive plan based on an evaluation and appraisal

3117

report; impact lands outside the certification boundary;

3118

implement new statutory requirements that require specific

3119

comprehensive plan amendments; or increase hurricane evacuation

3120

times or the need for shelter capacity on lands within the

3121

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

3122

163.3184 and 163.3187.

3123

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

3124

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

3125

economic concern pursuant to s. 288.0656 which is located within

3126

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

3127

212.055(3) shall be considered certified during the effectiveness

3128

of the designation of rural area of critical economic concern.

3129

The state land planning agency shall provide a written notice of

3130

certification to the local government of the certified area,

3131

which shall be considered final agency action subject to

3132

challenge under s. 120.569. The notice of certification shall

3133

include the following components:

3134

     (a) The boundary of the certification area.

3135

     (b) A requirement that the local government submit either

3136

an annual or biennial monitoring report to the state land

3137

planning agency according to the schedule provided in the written

3138

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

3139

number of amendments to the comprehensive plan adopted by the

3140

local government, the number of plan amendments challenged by an

3141

affected person, and the disposition of those challenges.

3142

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

3143

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

3144

agency review the developments of regional impact that are

3145

proposed within the certified area, an application for approval

3146

of a development order within the certified area shall be exempt

3147

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

3148

     (a) Concurrent with filing an application for development

3149

approval with the local government, a developer proposing a

3150

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

3151

380.06 shall notify in writing the regional planning council with

3152

jurisdiction.

3153

     (b) The regional planning council shall coordinate with the

3154

developer and the local government to ensure that all concurrency

3155

requirements as well as federal, state, and local environmental

3156

permit requirements are met.

3157

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

3158

reviewed by the local government and the state land planning

3159

agency department as part of the evaluation and appraisal process

3160

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

3161

local government to update its comprehensive plan based on the

3162

evaluation and appraisal report, the state land planning agency

3163

department shall renew or revoke the certification. The local

3164

government's failure to adopt a timely evaluation and appraisal

3165

report, failure to adopt an evaluation and appraisal report found

3166

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

3167

an evaluation and appraisal report found to be in compliance by

3168

the state land planning agency department shall be cause for

3169

revoking the certification agreement. The state land planning

3170

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

3171

considered agency action subject to challenge under s. 120.569.

3172

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

3173

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

3174

the Speaker of the House of Representatives a report listing

3175

certified local governments, evaluating the effectiveness of the

3176

certification, and including any recommendations for legislative

3177

actions.

3178

     (14) The Office of Program Policy Analysis and Government

3179

Accountability shall prepare a report evaluating the

3180

certification program, which shall be submitted to the Governor,

3181

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

3182

Representatives by December 1, 2007.

3183

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

3184

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

3185

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

3186

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

3187

Statutes, are amended to read:

3188

     163.32465  State review of local comprehensive plans in

3189

urban areas.--

3190

     (1)  LEGISLATIVE FINDINGS.--

3191

     (a)  The Legislature finds that local governments in this

3192

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

3193

and needs. The Legislature also finds that the needs and

3194

resources of urban areas are different from those of rural areas

3195

and that different planning and growth management approaches,

3196

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

3197

role in overseeing growth management should reflect this

3198

diversity and should vary based on local government conditions,

3199

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

3200

Therefore Thus, the Legislature recognizes and finds that reduced

3201

state oversight of local comprehensive planning is justified for

3202

some local governments in urban areas and for certain types of

3203

development.

3204

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

3205

urban areas require a reduced level of state oversight because of

3206

their high degree of urbanization and the planning capabilities

3207

and resources of many of their local governments. An alternative

3208

state review process that is adequate to protect issues of

3209

regional or statewide importance should be created for

3210

appropriate local governments in these areas and for certain

3211

types of development. Further, the Legislature finds that

3212

development, including urban infill and redevelopment, should be

3213

encouraged in these urban areas. The Legislature finds that an

3214

alternative process for amending local comprehensive plans in

3215

these areas should be established with an objective of

3216

streamlining the process and recognizing local responsibility and

3217

accountability.

3218

     (2)  ALTERNATIVE STATE REVIEW PROCESS PILOT

3219

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

3220

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

3221

Hialeah shall follow the an alternative state review process

3222

provided in this section. Municipalities within the pilot

3223

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

3224

not to participate in the pilot program. The alternative state

3225

review process shall also apply to:

3226

     (a) Future land use map amendments and associated special

3227

area policies within areas designated in a comprehensive plan for

3228

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

3229

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

3230

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

3231

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

3232

pursuant to s. 163.3180(5)(b)5.; and

3233

     (b) Future land use map amendments within an area

3234

designated by the Governor as a rural area of critical economic

3235

concern under s. 288.0656(7) for the duration of such

3236

designation. Before the adoption of such an amendment, the local

3237

government must obtain written certification from the Office of

3238

Tourism, Trade, and Economic Development that the plan amendment

3239

furthers the economic objectives set forth in the executive order

3240

issued under s. 288.0656(7).

3241

     (3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS

3242

UNDER THE PILOT PROGRAM.--

3243

     (a)  Plan amendments adopted by the pilot program

3244

jurisdictions shall follow the alternate, expedited process in

3245

subsections (4) and (5), except as set forth in paragraphs (b)-

3246

(f) (b)-(e) of this subsection.

3247

     (b)  Amendments that qualify as small-scale development

3248

amendments may continue to be adopted by the pilot program

3249

jurisdictions pursuant to s. 163.3187(1)(d) 163.3187(1)(c) and

3250

(3).

3251

     (c)  Plan amendments that propose a rural land stewardship

3252

area pursuant to s. 163.3177(11)(d); propose an optional sector

3253

plan; update a comprehensive plan based on an evaluation and

3254

appraisal report; implement new statutory requirements not

3255

previously incorporated into a comprehensive plan; or new plans

3256

for newly incorporated municipalities are subject to state review

3257

as set forth in s. 163.3184.

3258

     (d) Pilot program jurisdictions are shall be subject to the

3259

frequency, voting, and timing requirements for plan amendments

3260

set forth in ss. 163.3187 and 163.3191, except as where otherwise

3261

stated in this section.

3262

     (e)  The mediation and expedited hearing provisions in s.

3263

163.3189(3) apply to all plan amendments adopted by the pilot

3264

program jurisdictions.

3265

     (f) All amendments adopted under this section must comply

3266

with ss. 163.3184(3)(a) and 163.3184(15)(b)2.

3267

     (4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR

3268

PILOT PROGRAM.--

3269

     (b)  The agencies and local governments specified in

3270

paragraph (a) may provide comments regarding the amendment or

3271

amendments to the local government. The regional planning council

3272

review and comment shall be limited to effects on regional

3273

resources or facilities identified in the strategic regional

3274

policy plan and extrajurisdictional impacts that would be

3275

inconsistent with the comprehensive plan of the affected local

3276

government. A regional planning council may shall not review and

3277

comment on a proposed comprehensive plan amendment prepared by

3278

such council unless the plan amendment has been changed by the

3279

local government subsequent to the preparation of the plan

3280

amendment by the regional planning council. County comments on

3281

municipal comprehensive plan amendments shall be primarily in the

3282

context of the relationship and effect of the proposed plan

3283

amendments on the county plan. Municipal comments on county plan

3284

amendments shall be primarily in the context of the relationship

3285

and effect of the amendments on the municipal plan. State agency

3286

comments may include technical guidance on issues of agency

3287

jurisdiction as it relates to the requirements of this part. Such

3288

comments must shall clearly identify issues that, if not

3289

resolved, may result in an agency challenge to the plan

3290

amendment. For the purposes of this pilot program, agencies are

3291

encouraged to focus potential challenges on issues of regional or

3292

statewide importance. Agencies and local governments must

3293

transmit their comments to the affected local government, if

3294

issued, within 30 days after such that they are received by the

3295

local government not later than thirty days from the date on

3296

which the state land planning agency notifies the affected local

3297

government that the plan amendment package is complete agency or

3298

government received the amendment or amendments. Any comments

3299

from the agencies and local governments must also be transmitted

3300

to the state land planning agency.

3301

     (5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT

3302

AREAS.--

3303

     (a)  The local government shall hold its second public

3304

hearing, which shall be a hearing on whether to adopt one or more

3305

comprehensive plan amendments, on a weekday at least 5 days after

3306

the day the second advertisement is published pursuant to the

3307

requirements of chapter 125 or chapter 166. Adoption of

3308

comprehensive plan amendments must be by ordinance and requires

3309

an affirmative vote of a majority of the members of the governing

3310

body present at the second hearing. The hearing must be conducted

3311

and the amendment adopted within 120 days after receipt of the

3312

agency comments pursuant to s. 163.3246(4)(b). If a local

3313

government fails to adopt the plan amendment within the timeframe

3314

set forth in this subsection, the plan amendment is deemed

3315

abandoned and the plan amendment may not be considered until the

3316

next available amendment cycle pursuant to s. 163.3187.

3317

     (6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT

3318

PROGRAM.--

3319

     (g)  An amendment adopted under the expedited provisions of

3320

this section shall not become effective until completion of the

3321

time period available to the state land planning agency for

3322

administrative challenge under paragraph (a) 31 days after

3323

adoption. If timely challenged, an amendment shall not become

3324

effective until the state land planning agency or the

3325

Administration Commission enters a final order determining that

3326

the adopted amendment is to be in compliance.

3327

     (7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL

3328

GOVERNMENTS.--Local governments and specific areas that are have

3329

been designated for alternate review process pursuant to ss.

3330

163.3246 and 163.3184(17) and (18) are not subject to this

3331

section.

3332

     (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.--The state land

3333

planning agency may adopt procedural Agencies shall not

3334

promulgate rules to administer implement this section pilot

3335

program.

3336

     Section 14.  Section 166.0451, Florida Statutes, is

3337

renumbered as section 163.32432, Florida Statutes, and amended to

3338

read:

3339

     163.32432 166.0451 Disposition of municipal property for

3340

affordable housing.--

3341

     (1)  By July 1, 2007, and every 3 years thereafter, each

3342

municipality shall prepare an inventory list of all real property

3343

within its jurisdiction to which the municipality holds fee

3344

simple title that is appropriate for use as affordable housing.

3345

The inventory list must include the address and legal description

3346

of each such property and specify whether the property is vacant

3347

or improved. The governing body of the municipality must review

3348

the inventory list at a public hearing and may revise it at the

3349

conclusion of the public hearing. Following the public hearing,

3350

the governing body of the municipality shall adopt a resolution

3351

that includes an inventory list of such property.

3352

     (2)  The properties identified as appropriate for use as

3353

affordable housing on the inventory list adopted by the

3354

municipality may be offered for sale and the proceeds may be used

3355

to purchase land for the development of affordable housing or to

3356

increase the local government fund earmarked for affordable

3357

housing, or may be sold with a restriction that requires the

3358

development of the property as permanent affordable housing, or

3359

may be donated to a nonprofit housing organization for the

3360

construction of permanent affordable housing. Alternatively, the

3361

municipality may otherwise make the property available for use

3362

for the production and preservation of permanent affordable

3363

housing. For purposes of this section, the term "affordable" has

3364

the same meaning as in s. 420.0004(3).

3365

     (3) As a precondition to receiving any state affordable

3366

housing funding or allocation for any project or program within

3367

the municipality's jurisdiction, a municipality must, by July 1

3368

of each year, provide certification that the inventory and any

3369

update required by this section is complete.

3370

     Section 15.  Paragraph (c) of subsection (6) of section

3371

253.034, Florida Statutes, is amended, and paragraph (d) is added

3372

to subsection (8) of that section, to read:

3373

     253.034  State-owned lands; uses.--

3374

     (6)  The Board of Trustees of the Internal Improvement Trust

3375

Fund shall determine which lands, the title to which is vested in

3376

the board, may be surplused. For conservation lands, the board

3377

shall make a determination that the lands are no longer needed

3378

for conservation purposes and may dispose of them by an

3379

affirmative vote of at least three members. In the case of a land

3380

exchange involving the disposition of conservation lands, the

3381

board must determine by an affirmative vote of at least three

3382

members that the exchange will result in a net positive

3383

conservation benefit. For all other lands, the board shall make a

3384

determination that the lands are no longer needed and may dispose

3385

of them by an affirmative vote of at least three members.

3386

     (c) At least every 5 10 years, as a component of each land

3387

management plan or land use plan and in a form and manner

3388

prescribed by rule by the board, each manager shall evaluate and

3389

indicate to the board those lands that are not being used for the

3390

purpose for which they were originally leased. For conservation

3391

lands, the council shall review and shall recommend to the board

3392

whether such lands should be retained in public ownership or

3393

disposed of by the board. For nonconservation lands, the division

3394

shall review such lands and shall recommend to the board whether

3395

such lands should be retained in public ownership or disposed of

3396

by the board.

3397

     (8)

3398

     (d) Beginning December 1, 2008, the Division of State Lands

3399

shall annually submit to the President of the Senate and the

3400

Speaker of the House of Representatives a copy of the state

3401

inventory that identifies all nonconservation lands, including

3402

lands that meet the surplus requirements of subsection (6) and

3403

lands purchased by the state, a state agency, or a water

3404

management district which are not essential or necessary for

3405

conservation purposes. The division shall also publish a copy of

3406

the annual inventory on its website and notify by electronic mail

3407

the executive head of the governing body of each local government

3408

that has lands in the inventory within its jurisdiction.

3409

     Section 16.  Subsection (5) and paragraph (d) of subsection

3410

(12) of section 288.975, Florida Statutes, are amended to read:

3411

     288.975  Military base reuse plans.--

3412

     (5)  At the discretion of the host local government, the

3413

provisions of this act may be complied with through the adoption

3414

of the military base reuse plan as a separate component of the

3415

local government comprehensive plan or through simultaneous

3416

amendments to all pertinent portions of the local government

3417

comprehensive plan. Once adopted and approved in accordance with

3418

this section, the military base reuse plan shall be considered to

3419

be part of the host local government's comprehensive plan and

3420

shall be thereafter implemented, amended, and reviewed in

3421

accordance with the provisions of part II of chapter 163. Local

3422

government comprehensive plan amendments necessary to initially

3423

adopt the military base reuse plan shall be exempt from the

3424

limitation on the frequency of plan amendments contained in s.

3425

163.3187(2).

3426

     (12)  Following receipt of a petition, the petitioning party

3427

or parties and the host local government shall seek resolution of

3428

the issues in dispute. The issues in dispute shall be resolved as

3429

follows:

3430

     (d)  Within 45 days after receiving the report from the

3431

state land planning agency, the Administration Commission shall

3432

take action to resolve the issues in dispute. In deciding upon a

3433

proper resolution, the Administration Commission shall consider

3434

the nature of the issues in dispute, any requests for a formal

3435

administrative hearing pursuant to chapter 120, the compliance of

3436

the parties with this section, the extent of the conflict between

3437

the parties, the comparative hardships and the public interest

3438

involved. If the Administration Commission incorporates in its

3439

final order a term or condition that requires any local

3440

government to amend its local government comprehensive plan, the

3441

local government shall amend its plan within 60 days after the

3442

issuance of the order. Such amendment or amendments shall be

3443

exempt from the limitation of the frequency of plan amendments

3444

contained in s. 163.3187(2), and A public hearing on such

3445

amendment or amendments pursuant to s. 163.3184(15)(b)1. is shall

3446

not be required. The final order of the Administration Commission

3447

is subject to appeal pursuant to s. 120.68. If the order of the

3448

Administration Commission is appealed, the time for the local

3449

government to amend its plan is shall be tolled during the

3450

pendency of any local, state, or federal administrative or

3451

judicial proceeding relating to the military base reuse plan.

3452

     Section 17.  Paragraph (c) of subsection (19) and paragraph

3453

(l) of subsection (24) of section 380.06, Florida Statutes, are

3454

amended, and paragraph (v) is added to subsection (24) of that

3455

section, to read:

3456

     380.06  Developments of regional impact.--

3457

     (19)  SUBSTANTIAL DEVIATIONS.--

3458

     (c)  An extension of the date of buildout of a development,

3459

or any phase thereof, by more than 7 years is presumed to create

3460

a substantial deviation subject to further development-of-

3461

regional-impact review. An extension of the date of buildout, or

3462

any phase thereof, of more than 5 years but not more than 7 years

3463

is presumed not to create a substantial deviation. The extension

3464

of the date of buildout of an areawide development of regional

3465

impact by more than 5 years but less than 10 years is presumed

3466

not to create a substantial deviation. These presumptions may be

3467

rebutted by clear and convincing evidence at the public hearing

3468

held by the local government. An extension of 5 years or less is

3469

not a substantial deviation. For the purpose of calculating when

3470

a buildout or phase date has been exceeded, the time shall be

3471

tolled during the pendency of administrative or judicial

3472

proceedings relating to development permits. Any extension of the

3473

buildout date of a project or a phase thereof shall automatically

3474

extend the commencement date of the project, the termination date

3475

of the development order, the expiration date of the development

3476

of regional impact, and the phases thereof if applicable by a

3477

like period of time. In recognition of the 2007 real estate

3478

market conditions, all development order, phase, buildout,

3479

commencement, and expiration dates, and all related local

3480

government approvals, for projects that are developments of

3481

regional impact or Florida Quality Developments and under active

3482

construction on July 1, 2007, or for which a development order

3483

was adopted after January 1, 2006, regardless of whether active

3484

construction has commenced are extended for 3 years regardless of

3485

any prior extension. The 3-year extension is not a substantial

3486

deviation, is not subject to further development-of-regional-

3487

impact review, and may not be considered when determining whether

3488

a subsequent extension is a substantial deviation under this

3489

subsection. This extension also applies to all associated local

3490

government approvals including, but not limited to, agreements,

3491

certificates, and permits related to the project.

3492

     (24)  STATUTORY EXEMPTIONS.--

3493

     (l)  Any proposed development within an urban service

3494

boundary established as part of a local comprehensive plan under

3495

s. 163.3187 s. 163.3177(14) is exempt from the provisions of this

3496

section if the local government having jurisdiction over the area

3497

where the development is proposed has adopted the urban service

3498

boundary, has entered into a binding agreement with jurisdictions

3499

that would be impacted and with the Department of Transportation

3500

regarding the mitigation of impacts on state and regional

3501

transportation facilities, and has adopted a proportionate share

3502

methodology pursuant to s. 163.3180(16).

3503

     (v) Any proposed development of up to an additional 150

3504

percent of the office development threshold located within 5

3505

miles of a state-sponsored biotechnical research facility is

3506

exempt from this section.

3507

3508

If a use is exempt from review as a development of regional

3509

impact under paragraphs (a)-(t) or paragraph (v), but will be

3510

part of a larger project that is subject to review as a

3511

development of regional impact, the impact of the exempt use must

3512

be included in the review of the larger project.

3513

     Section 18.  Paragraph (h) of subsection (3) of section

3514

380.0651, Florida Statutes, is amended to read:

3515

     380.0651  Statewide guidelines and standards.--

3516

     (3)  The following statewide guidelines and standards shall

3517

be applied in the manner described in s. 380.06(2) to determine

3518

whether the following developments shall be required to undergo

3519

development-of-regional-impact review:

3520

     (h)  Multiuse development.--Any proposed development with

3521

two or more land uses where the sum of the percentages of the

3522

appropriate thresholds identified in chapter 28-24, Florida

3523

Administrative Code, or this section for each land use in the

3524

development is equal to or greater than 145 percent. Any proposed

3525

development with three or more land uses, one of which is

3526

residential and contains at least 100 dwelling units or 15

3527

percent of the applicable residential threshold, whichever is

3528

greater, where the sum of the percentages of the appropriate

3529

thresholds identified in chapter 28-24, Florida Administrative

3530

Code, or this section for each land use in the development is

3531

equal to or greater than 160 percent. This threshold is in

3532

addition to, and does not preclude, a development from being

3533

required to undergo development-of-regional-impact review under

3534

any other threshold. This threshold does not apply to

3535

developments within 5 miles of a state-sponsored biotechnical

3536

facility.

3537

     Section 19.  Paragraph (c) of subsection (18) of section

3538

1002.33, Florida Statutes, is amended to read:

3539

     1002.33  Charter schools.--

3540

     (18)  FACILITIES.--

3541

     (c)  Any facility, or portion thereof, used to house a

3542

charter school whose charter has been approved by the sponsor and

3543

the governing board, pursuant to subsection (7), is shall be

3544

exempt from ad valorem taxes pursuant to s. 196.1983. Library,

3545

community service, museum, performing arts, theatre, cinema,

3546

church, community college, college, and university facilities may

3547

provide space to charter schools within their facilities if such

3548

use is consistent with the local comprehensive plan and

3549

applicable land development regulations under their preexisting

3550

zoning and land use designations. No expansion of the facilities

3551

shall be allowed to accommodate a charter school unless the

3552

expansion would be in compliance with the local comprehensive

3553

plan and applicable land development regulations.

3554

     Section 20.  Section 1011.775, Florida Statutes, is created

3555

to read:

3556

     1011.775 Disposition of district school board property for

3557

affordable housing.--

3558

     (1) On or before July 1, 2009, and every 3 years

3559

thereafter, each district school board shall prepare an inventory

3560

list of all real property within its jurisdiction to which the

3561

district holds fee simple title and which is not included in the

3562

5-year district facilities work plan. The inventory list must

3563

include the address and legal description of each such property

3564

and specify whether the property is vacant or improved. The

3565

district school board must review the inventory list at a public

3566

meeting and determine if any property is surplus property and

3567

appropriate for affordable housing. For real property that is not

3568

included in the 5-year district facilities work plan and that is

3569

not determined appropriate to be surplus property for affordable

3570

housing, the board shall state in the inventory list the public

3571

purpose for which the board intends to use the property. The

3572

board may revise the list at the conclusion of the public

3573

meeting. Following the public meeting, the district school board

3574

shall adopt a resolution that includes the inventory list.

3575

     (2) Notwithstanding ss. 1013.28 and 1002.33(18)(e), the

3576

properties identified as appropriate for use as affordable

3577

housing on the inventory list adopted by the district school

3578

board may be offered for sale and the proceeds may be used to

3579

purchase land for the development of affordable housing or to

3580

increase the local government fund earmarked for affordable

3581

housing, sold with a restriction that requires the development of

3582

the property as permanent affordable housing, or donated to a

3583

nonprofit housing organization for the construction of permanent

3584

affordable housing. Alternatively, the district school board may

3585

otherwise make the property available for the production and

3586

preservation of permanent affordable housing. For purposes of

3587

this section, the term "affordable" has the same meaning as in s.

3588

420.0004.

3589

     Section 21. Section 339.282, Florida Statutes, is repealed.

3590

     Section 22.  Subsection (4) is added to section 1013.372,

3591

Florida Statutes, to read:

3592

     1013.372  Education facilities as emergency shelters.--

3593

     (4) Any charter school satisfying the requirements of s.

3594

163.3180(13)(e)2. shall serve as a public shelter for emergency

3595

management purposes at the request of the local emergency

3596

management agency. This subsection does not apply to a charter

3597

school located in an identified category 1, 2, or 3 evacuation

3598

zone or if the regional planning council region in which the

3599

county where the charter school is located does not have a

3600

hurricane shelter deficit as determined by the Department of

3601

Community Affairs.

3602

     Section 23.  Paragraph (b) of subsection (2) of section

3603

163.3217, Florida Statutes, is amended to read:

3604

     163.3217  Municipal overlay for municipal incorporation.--

3605

     (2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL

3606

OVERLAY.--

3607

     (b)1. A municipal overlay shall be adopted as an amendment

3608

to the local government comprehensive plan as prescribed by s.

3609

163.3184.

3610

     2. A county may consider the adoption of a municipal

3611

overlay without regard to the provisions of s. 163.3187(1)

3612

regarding the frequency of adoption of amendments to the local

3613

comprehensive plan.

3614

     Section 24.  Subsection (4) of section 163.3182, Florida

3615

Statutes, is amended to read:

3616

     163.3182  Transportation concurrency backlogs.--

3617

     (4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

3618

     (a) Each transportation concurrency backlog authority shall

3619

adopt a transportation concurrency backlog plan as a part of the

3620

local government comprehensive plan within 6 months after the

3621

creation of the authority. The plan shall:

3622

     (a)1. Identify all transportation facilities that have been

3623

designated as deficient and require the expenditure of moneys to

3624

upgrade, modify, or mitigate the deficiency.

3625

     (b)2. Include a priority listing of all transportation

3626

facilities that have been designated as deficient and do not

3627

satisfy concurrency requirements pursuant to s. 163.3180, and the

3628

applicable local government comprehensive plan.

3629

     (c)3. Establish a schedule for financing and construction

3630

of transportation concurrency backlog projects that will

3631

eliminate transportation concurrency backlogs within the

3632

jurisdiction of the authority within 10 years after the

3633

transportation concurrency backlog plan adoption. The schedule

3634

shall be adopted as part of the local government comprehensive

3635

plan.

3636

     (b) The adoption of the transportation concurrency backlog

3637

plan shall be exempt from the provisions of s. 163.3187(1).

3638

     Section 25.  Subsection (11) of section 171.203, Florida

3639

Statutes, is amended to read:

3640

     171.203  Interlocal service boundary agreement.--The

3641

governing body of a county and one or more municipalities or

3642

independent special districts within the county may enter into an

3643

interlocal service boundary agreement under this part. The

3644

governing bodies of a county, a municipality, or an independent

3645

special district may develop a process for reaching an interlocal

3646

service boundary agreement which provides for public

3647

participation in a manner that meets or exceeds the requirements

3648

of subsection (13), or the governing bodies may use the process

3649

established in this section.

3650

     (11)(a)  A municipality that is a party to an interlocal

3651

service boundary agreement that identifies an unincorporated area

3652

for municipal annexation under s. 171.202(11)(a) shall adopt a

3653

municipal service area as an amendment to its comprehensive plan

3654

to address future possible municipal annexation. The state land

3655

planning agency shall review the amendment for compliance with

3656

part II of chapter 163. The proposed plan amendment must contain:

3657

     1.  A boundary map of the municipal service area.

3658

     2.  Population projections for the area.

3659

     3.  Data and analysis supporting the provision of public

3660

facilities for the area.

3661

     (b)  This part does not authorize the state land planning

3662

agency to review, evaluate, determine, approve, or disapprove a

3663

municipal ordinance relating to municipal annexation or

3664

contraction.

3665

     (c) Any amendment required by paragraph (a) is exempt from

3666

the twice-per-year limitation under s. 163.3187.

3667

     Section 26.  This act shall take effect July 1, 2008.

3668

3669

================ T I T L E  A M E N D M E N T ================

3670

And the title is amended as follows:

3671

     Delete everything before the enacting clause

3672

and insert:

3673

A bill to be entitled

3674

An act relating to growth management; amending s. 70.51,

3675

F.S.; deleting an exemption from the limitation on the

3676

frequency of amendments of comprehensive plans;

3677

transferring, renumbering, and amending s. 125.379, F.S.;

3678

requiring counties to certify that they have prepared a

3679

list of county-owned property appropriate for affordable

3680

housing before obtaining certain funding; amending s.

3681

163.3174, F.S.; prohibiting the members of the local

3682

governing body from serving on the local planning agency;

3683

providing an exception; amending s. 163.3177, F.S.;

3684

extending the date for local governments to adopt plan

3685

amendments to implement a financially feasible capital

3686

improvements element; extending the date for prohibiting

3687

future land use map amendments if a local government does

3688

not adopt and transmit its annual update to the capital

3689

improvements element; revising standards for the future

3690

land use plan in a local comprehensive plan; including a

3691

provision encouraging rural counties to adopt a rural sub-

3692

element as part of their future land use plan; revising

3693

standards for the housing element of a local comprehensive

3694

plan; requiring certain counties to certify that they have

3695

adopted a plan for ensuring affordable workforce housing

3696

before obtaining certain funding; authorizing the state

3697

land planning agency to amend administrative rules

3698

relating to planning criteria to allow for varying local

3699

conditions; deleting exemptions from the limitation on the

3700

frequency of plan amendments; extending the deadline for

3701

local governments to adopt a public school facilities

3702

element and interlocal agreement; providing legislative

3703

findings concerning the need to preserve agricultural land

3704

and protect rural agricultural communities from adverse

3705

changes in the agricultural economy; defining the term

3706

"rural agricultural industrial center"; authorizing a

3707

landowner within a rural agricultural industrial center to

3708

apply for an amendment to the comprehensive plan to expand

3709

an existing center; providing requirements for such an

3710

application; providing a rebuttable presumption that such

3711

an amendment is consistent with state rule; providing

3712

certain exceptions to the approval of such an amendment;

3713

deleting provisions encouraging local governments to

3714

develop a community vision and to designate an urban

3715

service boundary; amending s. 163.31771, F.S.; requiring a

3716

local government to amend its comprehensive plan to allow

3717

accessory dwelling units in an area zoned for single-

3718

family residential use; prohibiting such units from being

3719

treated as new units if there is a land use restriction

3720

agreement that restricts use to affordable housing;

3721

prohibiting accessory dwelling units from being located on

3722

certain land; amending s. 163.3178, F.S.; revising

3723

provisions relating to coastal management and coastal

3724

high-hazard areas; providing factors for demonstrating the

3725

compliance of a comprehensive plan amendment with rule

3726

provisions relating to coastal areas; amending s.

3727

163.3180, F.S.; revising concurrency requirements;

3728

specifying municipal areas for transportation concurrency

3729

exception areas; revising provisions relating to the

3730

Strategic Intermodal System; deleting a requirement for

3731

local governments to annually submit a summary of de

3732

minimus records; increasing the percentage of

3733

transportation impacts that must be reserved for urban

3734

redevelopment; requiring concurrency management systems to

3735

be coordinated with the appropriate metropolitan planning

3736

organization; revising regional impact proportionate share

3737

provisions to allow for improvements outside the

3738

jurisdiction in certain circumstances; providing for the

3739

determination of mitigation to include credit for certain

3740

mitigation provided under an earlier phase, calculated at

3741

present value; defining the terms "present value" and

3742

"backlogged transportation facility"; revising the

3743

calculation of school capacity to include relocatables

3744

used by a school district; providing a minimum state

3745

availability standard for school concurrency; providing

3746

that a developer may not be required to reduce or

3747

eliminate backlog or address class size reduction;

3748

requiring charter schools to be considered as a mitigation

3749

option under certain circumstances; requiring school

3750

districts to include relocatables in their calculation of

3751

school capacity in certain circumstances; providing for an

3752

Urban Placemaking Initiative Pilot Project Program;

3753

providing for designating certain local governments as

3754

urban placemaking initiative pilot projects; providing

3755

purposes, requirements, criteria, procedures, and

3756

limitations for such local governments, the pilot

3757

projects, and the program; authorizing a methodology based

3758

on vehicle and miles traveled for calculating

3759

proportionate fair-share methodology; providing

3760

transportation concurrency incentives for private

3761

developers; providing for recommendations for the

3762

establishment of a uniform mobility fee methodology to

3763

replace the current transportation concurrency management

3764

system; amending s. 163.31801, F.S.; requiring the

3765

provision of notice before the imposition of an increased

3766

impact fee; providing that the provision of notice is not

3767

required before decreasing or eliminating an impact fee;

3768

amending s. 163.3184, F.S.; requiring that potential

3769

applicants for a future land use map amendment applying to

3770

50 or more acres conduct two meetings to present, discuss,

3771

and solicit public comment on the proposed amendment;

3772

requiring that one such meeting be conducted before the

3773

application is filed and the second meeting be conducted

3774

before adoption of the plan amendment; providing notice

3775

and procedure requirements for such meetings; requiring

3776

that applicants for a plan amendment applying to more than

3777

11 acres but less than 50 acres conduct a meeting before

3778

the application is filed and encouraging a second meeting

3779

within a specified period before the local government's

3780

scheduled adoption hearing; providing for notice of such

3781

meeting; requiring that an applicant file with the local

3782

government a written certification attesting to certain

3783

information; exempting small-scale amendments from

3784

requirements related to meetings; revising a time period

3785

for comments on plan amendments; revising a time period

3786

for requesting state planning agency review of plan

3787

amendments; revising a time period for the state land

3788

planning agency to identify written comments on plan

3789

amendments for local governments; providing that an

3790

amendment is deemed abandoned under certain circumstances;

3791

authorizing the state land planning agency to grant

3792

extensions; requiring that a comprehensive plan or

3793

amendment to be adopted be available to the public;

3794

prohibiting certain types of changes to a plan amendment

3795

during a specified period before the hearing thereupon;

3796

requiring that the local government certify certain

3797

information to the state land planning agency; deleting

3798

exemptions from the limitation on the frequency of

3799

amendments of comprehensive plans; deleting provisions

3800

relating to community vision and urban boundary amendments

3801

to conform to changes made by the act; amending s.

3802

163.3187, F.S.; limiting the adoption of certain plan

3803

amendments to twice per calendar year; limiting the

3804

adoption of certain plan amendments to once per calendar

3805

year; authorizing local governments to adopt certain plan

3806

amendments at any time during a calendar year without

3807

regard for restrictions on frequency; deleting certain

3808

types of amendments from the list of amendments eligible

3809

for adoption at any time during a calendar year; deleting

3810

exemptions from frequency limitations; providing

3811

circumstances under which small-scale amendments become

3812

effective; amending s. 163.3245, F.S.; revising provisions

3813

relating to optional sector plans; authorizing all local

3814

government to adopt optional sector plans into their

3815

comprehensive plan; increasing the size of the area to

3816

which sector plans apply; deleting certain restrictions on

3817

a local government upon entering into sector plans;

3818

deleting an annual monitoring report submitted by a host

3819

local government that has adopted a sector plan and a

3820

status report submitted by the department on optional

3821

sector plans; amending s. 163.3246, F.S.; discontinuing

3822

the Local Government Comprehensive Planning Certification

3823

Program except for currently certified local governments;

3824

retaining an exemption from DRI review for a certified

3825

community in certain circumstances; amending s. 163.32465,

3826

F.S.; revising provisions relating to the state review of

3827

comprehensive plans; providing additional types of

3828

amendments to which the alternative state review applies;

3829

providing a 30-day period for agency comments begins when

3830

the state land planning agency notifies the local

3831

government that the plan amendment package is complete;

3832

requiring adoption of a plan amendment within 120 days of

3833

receipt of agency comments or the plan amendment is deemed

3834

abandoned; revising the effective date of adopted plan

3835

amendments; providing procedural rulemaking authority to

3836

the state land planning agency; renumbering and amending

3837

s. 166.0451, F.S.; requiring municipalities to certify

3838

that they have prepared a list of county-owned property

3839

appropriate for affordable housing before obtaining

3840

certain funding; amending s. 253.034, F.S.; requiring that

3841

a manager of conservation lands report to the Board of

3842

Trustees of the Internal Improvement Trust Fund at

3843

specified intervals regarding those lands not being used

3844

for the purpose for which they were originally leased;

3845

requiring that the Division of State Lands annually submit

3846

to the President of the Senate and the Speaker of the

3847

House of Representatives a copy of the state inventory

3848

identifying all nonconservation lands; requiring the

3849

division to publish a copy of the annual inventory on its

3850

website and notify by electronic mail the executive head

3851

of the governing body of each local government having

3852

lands in the inventory within its jurisdiction; amending

3853

s. 288.975, F.S.; deleting exemptions from the frequency

3854

limitations on comprehensive plan amendments; amending s.

3855

380.06, F.S.; providing a 3-year extension for the

3856

buildout, commencement, and expiration dates of

3857

developments of regional impact and Florida Quality

3858

Developments, including associated local permits;

3859

providing an exception from development-of-regional-impact

3860

review; amending s. 380.0651, F.S.; providing an exemption

3861

from development-of-regional impact review; amending s.

3862

1002.33, F.S.; restricting facilities from providing space

3863

to charter schools unless such use is consistent with the

3864

local comprehensive plan; prohibiting the expansion of

3865

certain facilities to accommodate for a charter school

3866

unless such use is consistent with the local comprehensive

3867

plan; creating s. 1011.775, F.S.; requiring that each

3868

district school board prepare an inventory list of certain

3869

real property on or before a specified date and at

3870

specified intervals thereafter; requiring that such list

3871

include certain information; requiring that the district

3872

school board review the list at a public meeting and make

3873

certain determinations; requiring that the board state its

3874

intended use for certain property; authorizing the board

3875

to revise the list at the conclusion of the public

3876

meeting; requiring that the board adopt a resolution;

3877

authorizing the board to offer certain properties for sale

3878

and use the proceeds for specified purposes; authorizing

3879

the board to make the property available for the

3880

production and preservation of permanent affordable

3881

housing; defining the term "affordable" for specified

3882

purposes; repealing s. 339.282, F.S., relating to

3883

transportation concurrency incentives; amending s.

3884

1013.372, F.S.; requiring that certain charter schools

3885

serve as public shelters at the request of the local

3886

emergency management agency; amending ss. 163.3217,

3887

163.3182, and 171.203, F.S.; deleting exemptions from the

3888

limitation on the frequency of amendments of comprehensive

3889

plans; providing an effective date.

4/20/2008  5:19:00 PM     38-08081A-08

CODING: Words stricken are deletions; words underlined are additions.

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