Florida Senate - 2009                              CS for SB 360
       
       
       
       By the Committee on Community Affairs and Senators Bennett,
       Gaetz, Ring, Pruitt, Haridopolos, Richter, Hill, and King
       
       
       
       578-02102-09                                           2009360c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; providing a
    3         short title; amending s. 163.3164, F.S.; providing a
    4         definition for the term “dense urban land area”;
    5         amending s. 163.3177, F.S.; extending dates relating
    6         to requirements for adopting amendments to the capital
    7         improvements element of a local comprehensive plan;
    8         deleting a penalty for local governments that fail to
    9         adopt a public school facilities element and
   10         interlocal agreement; amending s. 163.3180, F.S.;
   11         revising concurrency requirements; providing
   12         legislative findings relating to transportation
   13         concurrency exception areas; providing for the
   14         applicability of transportation concurrency exception
   15         areas; deleting certain requirements for
   16         transportation concurrency exception areas; amending
   17         s. 163.3184, F.S.; clarifying the definition of the
   18         term “in compliance”; conforming cross-references;
   19         amending s. 163.3187, F.S.; limiting the adoption of
   20         certain plan amendments to once per calendar year;
   21         amending s. 163.3246, F.S.; conforming a cross
   22         reference; amending s. 163.32465, F.S.; revising
   23         provisions relating to the state review of
   24         comprehensive plans; providing for additional types of
   25         amendments to which the alternate state review
   26         applies; requiring that agencies submit comments
   27         within a specified period after the state land
   28         planning agency notifies the local government that the
   29         plan amendment package is complete; requiring that the
   30         local government adopt a plan amendment within a
   31         specified period after comments are received;
   32         requiring that the state land planning agency adopt
   33         rules; deleting provisions relating to reporting
   34         requirements for the Office of Program Policy Analysis
   35         and Government Accountability; amending s. 380.06,
   36         F.S.; providing exemptions for dense urban land areas
   37         from the development-of-regional-impact program;
   38         amending s. 163.31801, F.S.; revising provisions
   39         relating to impact fees; providing that notice is not
   40         required if an impact fee is decreased, suspended, or
   41         eliminated; providing an effective date.
   42         
   43  Be It Enacted by the Legislature of the State of Florida:
   44         
   45         Section 1. This act may be cited as the “Community Renewal
   46  Act.”
   47         Section 2. Subsections (5) through (33) of section
   48  163.3164, Florida Statutes, are redesignated as subsections (6)
   49  through (34), respectively, and a new subsection (5) is added to
   50  that section, to read:
   51         163.3164 Local Government Comprehensive Planning and Land
   52  Development Regulation Act; definitions.—As used in this act:
   53         (5)“Dense urban land area” means a local government having
   54  an average of at least 1,000 people per square mile of land area
   55  according to the most recent land area data from the decennial
   56  census conducted by the Bureau of the Census of the United
   57  States Department of Commerce and the latest available
   58  population estimates from the Office of Economic and Demographic
   59  Research, or a county, including the municipalities located
   60  therein, which has a population of at least 1 million. A local
   61  government that has had an annexation, contraction, or new
   62  incorporation since the last biennial census may not use land
   63  estimates from the census but must provide the state land
   64  planning agency with the verifiable land area data as defined by
   65  rules adopted by the state land planning agency. Such rules must
   66  include certification from the Office of Economic and
   67  Demographic Research which demonstrates that the new
   68  jurisdictional boundaries have been properly recorded in
   69  accordance with ss. 171.091 and 186.901. The state land planning
   70  agency shall annually publish a notice identifying the local
   71  governments that qualify under this definition in the Florida
   72  Administrative Weekly.
   73         Section 3. Paragraph (b) of subsection (3) and paragraphs
   74  (j) and (k) of subsection (12) of section 163.3177, Florida
   75  Statutes, are amended to read:
   76         163.3177 Required and optional elements of comprehensive
   77  plan; studies and surveys.—
   78         (3)
   79         (b)1. The capital improvements element must be reviewed on
   80  an annual basis and modified as necessary in accordance with s.
   81  163.3187 or s. 163.3189 in order to maintain a financially
   82  feasible 5-year schedule of capital improvements. Corrections
   83  and modifications concerning costs; revenue sources; or
   84  acceptance of facilities pursuant to dedications which are
   85  consistent with the plan may be accomplished by ordinance and
   86  shall not be deemed to be amendments to the local comprehensive
   87  plan. A copy of the ordinance shall be transmitted to the state
   88  land planning agency. An amendment to the comprehensive plan is
   89  required to update the schedule on an annual basis or to
   90  eliminate, defer, or delay the construction for any facility
   91  listed in the 5-year schedule. All public facilities must be
   92  consistent with the capital improvements element. Amendments to
   93  implement this section must be adopted and transmitted no later
   94  than December 1, 2011, and transmitted to the state land
   95  planning agency December 1, 2008. Thereafter, a local government
   96  may not amend its future land use map, except for plan
   97  amendments to meet new requirements under this part and
   98  emergency amendments pursuant to s. 163.3187(1)(a), after
   99  December 1, 2011 December 1, 2008, and every year thereafter,
  100  unless and until the local government has adopted the annual
  101  update and it has been transmitted to the state land planning
  102  agency.
  103         2. Capital improvements element amendments adopted after
  104  the effective date of this act shall require only a single
  105  public hearing before the governing board which shall be an
  106  adoption hearing as described in s. 163.3184(7). Such amendments
  107  are not subject to the requirements of s. 163.3184(3)-(6).
  108         (12) A public school facilities element adopted to
  109  implement a school concurrency program shall meet the
  110  requirements of this subsection. Each county and each
  111  municipality within the county, unless exempt or subject to a
  112  waiver, must adopt a public school facilities element that is
  113  consistent with those adopted by the other local governments
  114  within the county and enter the interlocal agreement pursuant to
  115  s. 163.31777.
  116         (j)Failure to adopt the public school facilities element,
  117  to enter into an approved interlocal agreement as required by
  118  subparagraph (6)(h)2. and s. 163.31777, or to amend the
  119  comprehensive plan as necessary to implement school concurrency,
  120  according to the phased schedule, shall result in a local
  121  government being prohibited from adopting amendments to the
  122  comprehensive plan which increase residential density until the
  123  necessary amendments have been adopted and transmitted to the
  124  state land planning agency.
  125         (j)(k) The state land planning agency may issue the school
  126  board a notice to the school board to show cause why sanctions
  127  should not be enforced for failure to enter into an approved
  128  interlocal agreement as required by s. 163.31777 or for failure
  129  to implement the provisions of this act relating to public
  130  school concurrency. The school board may be subject to sanctions
  131  imposed by the Administration Commission directing the
  132  Department of Education to withhold from the district school
  133  board an equivalent amount of funds for school construction
  134  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
  135  1013.72.
  136         Section 4. Paragraph (c) of subsection (4) and subsections
  137  (5) and (10) of section 163.3180, Florida Statutes, are amended
  138  to read:
  139         163.3180 Concurrency.—
  140         (4)
  141         (c) The concurrency requirement, except as it relates to
  142  transportation facilities and public schools, as implemented in
  143  local government comprehensive plans, may be waived by a local
  144  government for urban infill and redevelopment areas designated
  145  pursuant to s. 163.2517 if such a waiver does not endanger
  146  public health or safety as defined by the local government in
  147  its local government comprehensive plan. The waiver shall be
  148  adopted as a plan amendment pursuant to the process set forth in
  149  s. 163.3187(4)(a) s. 163.3187(3)(a). A local government may
  150  grant a concurrency exception pursuant to subsection (5) for
  151  transportation facilities located within these urban infill and
  152  redevelopment areas.
  153         (5)
  154         (a) Countervailing planning and public policy goals.The
  155  Legislature finds that under limited circumstances dealing with
  156  transportation facilities, countervailing planning and public
  157  policy goals may come into conflict with the requirement that
  158  adequate public transportation facilities and services be
  159  available concurrent with the impacts of such development. The
  160  Legislature further finds that often the unintended result of
  161  the concurrency requirement for transportation facilities is
  162  often the discouragement of urban infill development and
  163  redevelopment. Such unintended results directly conflict with
  164  the goals and policies of the state comprehensive plan and the
  165  intent of this part. The Legislature also finds that in urban
  166  centers transportation cannot be effectively managed and
  167  mobility cannot be improved solely through the expansion of
  168  roadway capacity, that the expansion of roadway capacity is not
  169  always physically or financially possible, and that a range of
  170  transportation alternatives are essential to satisfy mobility
  171  needs, reduce congestion, and achieve healthy, vibrant centers.
  172  Therefore, exceptions from the concurrency requirement for
  173  transportation facilities may be granted as provided by this
  174  subsection.
  175         (b) Geographic applicability of transportation concurrency
  176  exception areas.—
  177         1.Transportation concurrency exception areas are created
  178  for local governments that qualify as dense urban land area as
  179  defined in s. 163.3164(5). A local government must adopt into
  180  its comprehensive plan land use and transportation strategies to
  181  support and fund mobility within the designated exception area,
  182  including alternative modes of transportation, within 2 years
  183  after being designated as a dense urban land area.
  184  Transportation concurrency exception areas do not apply to
  185  designated transportation concurrency districts within a county
  186  that has a population of at least 1.5 million, that has
  187  implemented and uses a transportation-related concurrency
  188  assessment to support alternative modes of transportation, such
  189  as mass transit, and that does not levy transportation impact
  190  fees within the concurrency district.
  191         2.Local governments that do not qualify as dense urban
  192  land area as defined in s. 163.3164(5) A local government may
  193  grant an exception from the concurrency requirement for
  194  transportation facilities if the proposed development is
  195  otherwise consistent with the adopted local government
  196  comprehensive plan and is a project that promotes public
  197  transportation or is located within an area designated in the
  198  comprehensive plan for:
  199         a.1. Urban infill development;
  200         b.2. Urban redevelopment;
  201         c.3. Downtown revitalization;
  202         d.4. Urban infill and redevelopment under s. 163.2517; or
  203         e.5. An urban service area specifically designated as a
  204  transportation concurrency exception area which includes lands
  205  appropriate for compact, contiguous urban development, which
  206  does not exceed the amount of land needed to accommodate the
  207  projected population growth at densities consistent with the
  208  adopted comprehensive plan within the 10-year planning period,
  209  and which is served or is planned to be served with public
  210  facilities and services as provided by the capital improvements
  211  element.
  212         (c) Projects having special part-time demand.The
  213  Legislature also finds that developments located within urban
  214  infill, urban redevelopment, existing urban service, or downtown
  215  revitalization areas or areas designated as urban infill and
  216  redevelopment areas under s. 163.2517, which pose only special
  217  part-time demands on the transportation system, are exempt
  218  should be excepted from the concurrency requirement for
  219  transportation facilities. A special part-time demand is one
  220  that does not have more than 200 scheduled events during any
  221  calendar year and does not affect the 100 highest traffic volume
  222  hours.
  223         (d) Long-term strategies within transportation concurrency
  224  exception areas.—Except for transportation concurrency exception
  225  areas established pursuant to subparagraph (b)1., the following
  226  requirements apply: A local government shall establish
  227  guidelines in the comprehensive plan for granting the exceptions
  228  authorized in paragraphs (b) and (c) and subsections (7) and
  229  (15) which must be consistent with and support a comprehensive
  230  strategy adopted in the plan to promote the purpose of the
  231  exceptions.
  232         1.(e) The local government shall both adopt into the
  233  comprehensive plan and implement long-term strategies to support
  234  and fund mobility within the designated exception area,
  235  including alternative modes of transportation. The plan
  236  amendment must also demonstrate how strategies will support the
  237  purpose of the exception and how mobility within the designated
  238  exception area will be provided.
  239         2.In addition, The strategies must address urban design;
  240  appropriate land use mixes, including intensity and density; and
  241  network connectivity plans needed to promote urban infill,
  242  redevelopment, or downtown revitalization. The comprehensive
  243  plan amendment designating the concurrency exception area must
  244  be accompanied by data and analysis justifying the size of the
  245  area.
  246         (e)(f)Strategic Intermodal System.—Before designating
  247  Prior to the designation of a concurrency exception area
  248  pursuant to subparagraph (b)2., the state land planning agency
  249  and the Department of Transportation shall be consulted by the
  250  local government to assess the impact that the proposed
  251  exception area is expected to have on the adopted level-of
  252  service standards established for Strategic Intermodal System
  253  facilities, as defined in s. 339.64, and roadway facilities
  254  funded in accordance with s. 339.2819 and to provide for the
  255  mitigation of impacts. Further, the local government shall
  256  provide for the mitigation of, in consultation with the state
  257  land planning agency and the Department of Transportation,
  258  develop a plan to mitigate any impacts to the Strategic
  259  Intermodal System, including, if appropriate, access management,
  260  parallel reliever roads, transportation demand management, and
  261  other measures the development of a long-term concurrency
  262  management system pursuant to subsection (9) and s.
  263  163.3177(3)(d). The exceptions may be available only within the
  264  specific geographic area of the jurisdiction designated in the
  265  plan. Pursuant to s. 163.3184, any affected person may challenge
  266  a plan amendment establishing these guidelines and the areas
  267  within which an exception could be granted.
  268         (g)Transportation concurrency exception areas existing
  269  prior to July 1, 2005, must, at a minimum, meet the provisions
  270  of this section by July 1, 2006, or at the time of the
  271  comprehensive plan update pursuant to the evaluation and
  272  appraisal report, whichever occurs last.
  273         (10) With regard to roadway facilities on the Strategic
  274  Intermodal System designated in accordance with s. 339.63 ss.
  275  339.61, 339.62, 339.63, and 339.64, the Florida Intrastate
  276  Highway System as defined in s. 338.001, and roadway facilities
  277  funded in accordance with s. 339.2819, local governments shall
  278  adopt the level-of-service standard established by the
  279  Department of Transportation by rule. However, if the Office of
  280  Tourism, Trade, and Economic Development concurs in writing with
  281  the local government that the proposed development is for a
  282  qualified job creation project under s. 288.0656 or s. 403.973,
  283  the affected local government, after consulting with the
  284  Department of Transportation, may allow for a waiver of
  285  transportation concurrency for the project. For all other roads
  286  on the State Highway System, local governments shall establish
  287  an adequate level-of-service standard that need not be
  288  consistent with any level-of-service standard established by the
  289  Department of Transportation. In establishing adequate level-of
  290  service standards for any arterial roads, or collector roads as
  291  appropriate, which traverse multiple jurisdictions, local
  292  governments shall consider compatibility with the roadway
  293  facility's adopted level-of-service standards in adjacent
  294  jurisdictions. Each local government within a county shall use a
  295  professionally accepted methodology for measuring impacts on
  296  transportation facilities for the purposes of implementing its
  297  concurrency management system. Counties are encouraged to
  298  coordinate with adjacent counties, and local governments within
  299  a county are encouraged to coordinate, for the purpose of using
  300  common methodologies for measuring impacts on transportation
  301  facilities for the purpose of implementing their concurrency
  302  management systems.
  303         Section 5. Paragraph (b) of subsection (1), paragraph (b)
  304  of subsection (8), and subsections (17) and (18) of section
  305  163.3184, Florida Statutes, are amended to read:
  306         163.3184 Process for adoption of comprehensive plan or plan
  307  amendment.—
  308         (1) DEFINITIONS.—As used in this section, the term:
  309         (b) “In compliance” means consistent with the requirements
  310  of ss. 163.3177, when a local government adopts an educational
  311  facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
  312  with the state comprehensive plan, with the appropriate
  313  strategic regional policy plan, and with chapter 9J-5, Florida
  314  Administrative Code, where such rule is not inconsistent with
  315  this part and with the principles for guiding development in
  316  designated areas of critical state concern and with part III of
  317  chapter 369, where applicable.
  318         (8) NOTICE OF INTENT.—
  319         (b) Except as provided in paragraph (a) or in s.
  320  163.3187(4) s. 163.3187(3), the state land planning agency, upon
  321  receipt of a local government's complete adopted comprehensive
  322  plan or plan amendment, shall have 45 days for review and to
  323  determine if the plan or plan amendment is in compliance with
  324  this act, unless the amendment is the result of a compliance
  325  agreement entered into under subsection (16), in which case the
  326  time period for review and determination shall be 30 days. If
  327  review was not conducted under subsection (6), the agency's
  328  determination must be based upon the plan amendment as adopted.
  329  If review was conducted under subsection (6), the agency's
  330  determination of compliance must be based only upon one or both
  331  of the following:
  332         1. The state land planning agency's written comments to the
  333  local government pursuant to subsection (6); or
  334         2. Any changes made by the local government to the
  335  comprehensive plan or plan amendment as adopted.
  336         (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
  337  local government that has adopted a community vision and urban
  338  service boundary under s. 163.3177(13) and (14) may adopt a plan
  339  amendment related to map amendments solely to property within an
  340  urban service boundary in the manner described in subsections
  341  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
  342  and e., 2., and 3., such that state and regional agency review
  343  is eliminated. The department may not issue an objections,
  344  recommendations, and comments report on proposed plan amendments
  345  or a notice of intent on adopted plan amendments; however,
  346  affected persons, as defined by paragraph (1)(a), may file a
  347  petition for administrative review pursuant to the requirements
  348  of s. 163.3187(4)(a) s. 163.3187(3)(a) to challenge the
  349  compliance of an adopted plan amendment. This subsection does
  350  not apply to any amendment within an area of critical state
  351  concern, to any amendment that increases residential densities
  352  allowable in high-hazard coastal areas as defined in s.
  353  163.3178(2)(h), or to a text change to the goals, policies, or
  354  objectives of the local government's comprehensive plan.
  355  Amendments submitted under this subsection are exempt from the
  356  limitation on the frequency of plan amendments in s. 163.3187.
  357         (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
  358  municipality that has a designated urban infill and
  359  redevelopment area under s. 163.2517 may adopt a plan amendment
  360  related to map amendments solely to property within a designated
  361  urban infill and redevelopment area in the manner described in
  362  subsections (1), (2), (7), (14), (15), and (16) and s.
  363  163.3187(1)(c)1.d. and e., 2., and 3., such that state and
  364  regional agency review is eliminated. The department may not
  365  issue an objections, recommendations, and comments report on
  366  proposed plan amendments or a notice of intent on adopted plan
  367  amendments; however, affected persons, as defined by paragraph
  368  (1)(a), may file a petition for administrative review pursuant
  369  to the requirements of s. 163.3187(4)(a) s. 163.3187(3)(a) to
  370  challenge the compliance of an adopted plan amendment. This
  371  subsection does not apply to any amendment within an area of
  372  critical state concern, to any amendment that increases
  373  residential densities allowable in high-hazard coastal areas as
  374  defined in s. 163.3178(2)(h), or to a text change to the goals,
  375  policies, or objectives of the local government's comprehensive
  376  plan. Amendments submitted under this subsection are exempt from
  377  the limitation on the frequency of plan amendments in s.
  378  163.3187.
  379         Section 6. Paragraphs (b) and (f) of subsection (1) of
  380  section 163.3187, Florida Statutes, is amended, present
  381  subsections (2) through (6) of that section are redesignated as
  382  subsections (3) through (7), respectively, and a new subsection
  383  (2) is added to that section, to read:
  384         163.3187 Amendment of adopted comprehensive plan.—
  385         (1) Amendments to comprehensive plans adopted pursuant to
  386  this part may be made not more than two times during any
  387  calendar year, except:
  388         (b) Any local government comprehensive plan amendments
  389  directly related to a proposed development of regional impact,
  390  including changes which have been determined to be substantial
  391  deviations and including Florida Quality Developments pursuant
  392  to s. 380.061, may be initiated by a local planning agency and
  393  considered by the local governing body at the same time as the
  394  application for development approval using the procedures
  395  provided for local plan amendment in this section and applicable
  396  local ordinances, without regard to statutory or local ordinance
  397  limits on the frequency of consideration of amendments to the
  398  local comprehensive plan. Nothing in this subsection shall be
  399  deemed to require favorable consideration of a plan amendment
  400  solely because it is related to a development of regional
  401  impact.
  402         (f) Any comprehensive plan amendment that changes the
  403  schedule in The capital improvements element annual update
  404  required in s. 163.3177(3)(b)2., and any amendments directly
  405  related to the schedule, may be made once in a calendar year on
  406  a date different from the two times provided in this subsection
  407  when necessary to coincide with the adoption of the local
  408  government's budget and capital improvements program.
  409         (2)Other than the exceptions listed in subsection (1),
  410  text amendments to the goals, objectives, or policies of the
  411  local government's comprehensive plan may be adopted only once a
  412  year, unless the text amendment is directly related to, and
  413  applies only to, a future land use map amendment.
  414         Section 7. Paragraph (a) of subsection (9) of section
  415  163.3246, Florida Statutes, is amended to read:
  416         163.3246 Local government comprehensive planning
  417  certification program.—
  418         (9)(a) Upon certification all comprehensive plan amendments
  419  associated with the area certified must be adopted and reviewed
  420  in the manner described in ss. 163.3184(1), (2), (7), (14),
  421  (15), and (16) and 163.3187, such that state and regional agency
  422  review is eliminated. The department may not issue any
  423  objections, recommendations, and comments report on proposed
  424  plan amendments or a notice of intent on adopted plan
  425  amendments; however, affected persons, as defined by s.
  426  163.3184(1)(a), may file a petition for administrative review
  427  pursuant to the requirements of s. 163.3187(4)(a) s.
  428  163.3187(3)(a) to challenge the compliance of an adopted plan
  429  amendment.
  430         Section 8. Section 163.32465, Florida Statutes, is amended
  431  to read:
  432         163.32465 State review of local comprehensive plans in
  433  urban areas.—
  434         (1) LEGISLATIVE FINDINGS.—
  435         (a) The Legislature finds that local governments in this
  436  state have a wide diversity of resources, conditions, abilities,
  437  and needs. The Legislature also finds that the needs and
  438  resources of urban areas are different from those of rural areas
  439  and that different planning and growth management approaches,
  440  strategies, and techniques are required in urban areas. The
  441  state role in overseeing growth management should reflect this
  442  diversity and should vary based on local government conditions,
  443  capabilities, needs, and the extent and type of development.
  444  Therefore Thus, the Legislature recognizes and finds that
  445  reduced state oversight of local comprehensive planning is
  446  justified for some local governments in urban areas and for
  447  certain types of development.
  448         (b) The Legislature finds and declares that this state's
  449  urban areas require a reduced level of state oversight because
  450  of their high degree of urbanization and the planning
  451  capabilities and resources of many of their local governments.
  452  An alternative state review process that is adequate to protect
  453  issues of regional or statewide importance should be created for
  454  appropriate local governments in these areas and for certain
  455  types of development. Further, the Legislature finds that
  456  development, including urban infill and redevelopment, should be
  457  encouraged in these urban areas. The Legislature finds that an
  458  alternative process for amending local comprehensive plans in
  459  these areas should be established with an objective of
  460  streamlining the process and recognizing local responsibility
  461  and accountability.
  462         (c)The Legislature finds a pilot program will be
  463  beneficial in evaluating an alternative, expedited plan
  464  amendment adoption and review process. Pilot local governments
  465  shall represent highly developed counties and the municipalities
  466  within these counties and highly populated municipalities.
  467         (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.—The
  468  alternative state review process provided in this section
  469  applies to: Pinellas and Broward Counties, and the
  470  municipalities within these counties, and Jacksonville, Miami,
  471  Tampa, and Hialeah shall follow an alternative state review
  472  process provided in this section. Municipalities within the
  473  pilot counties may elect, by super majority vote of the
  474  governing body, not to participate in the pilot program.
  475         (a)Future land use map amendments within local governments
  476  that qualify as a dense urban land area as defined in s.
  477  163.3164(5); and
  478         (b)Future land use map amendments within an area
  479  designated by the Governor as a rural area of critical economic
  480  concern under s. 288.0656(7), if the Office of Tourism, Trade,
  481  and Economic Development states in writing that the amendment
  482  supports a regional target industry that is identified in an
  483  economic development plan prepared for one of the economic
  484  development programs identified in s. 288.0656(7).
  485         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
  486  UNDER THE PILOT PROGRAM.—
  487         (a) Plan amendments adopted under this section by the pilot
  488  program jurisdictions shall follow the alternate, expedited
  489  process in subsections (4) and (5), except as set forth in
  490  paragraphs (b)-(e) of this subsection.
  491         (b) Amendments that qualify as small-scale development
  492  amendments may continue to be adopted in by the pilot program
  493  jurisdictions that use the alternative review process pursuant
  494  to s. 163.3187(1)(c) and (4)(3).
  495         (c) Plan amendments that propose a rural land stewardship
  496  area pursuant to s. 163.3177(11)(d); propose an optional sector
  497  plan; propose amendments in areas of critical state concern or
  498  coastal high-hazard areas; include recently annexed areas within
  499  a municipality; update a comprehensive plan based on an
  500  evaluation and appraisal report; implement new statutory
  501  requirements that were not previously incorporated into a
  502  comprehensive plan; or new plans for newly incorporated
  503  municipalities are subject to state review as set forth in s.
  504  163.3184.
  505         (d) Alternative review Pilot program jurisdictions are
  506  shall be subject to the frequency and timing requirements for
  507  plan amendments set forth in ss. 163.3187 and 163.3191, except
  508  as where otherwise stated in this section.
  509         (e) The mediation and expedited hearing provisions in s.
  510  163.3189(3) apply to all plan amendments adopted by alternative
  511  review the pilot program jurisdictions.
  512         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
  513  PILOT PROGRAM.—
  514         (a) The local government shall hold its first public
  515  hearing on a comprehensive plan amendment on a weekday at least
  516  7 days after the day the first advertisement is published
  517  pursuant to the requirements of chapter 125 or chapter 166. Upon
  518  an affirmative vote of not less than a majority of the members
  519  of the governing body present at the hearing, the local
  520  government shall immediately transmit the amendment or
  521  amendments and appropriate supporting data and analyses to the
  522  state land planning agency; the appropriate regional planning
  523  council and water management district; the Department of
  524  Environmental Protection; the Department of State; the
  525  Department of Transportation; in the case of municipal plans, to
  526  the appropriate county; the Fish and Wildlife Conservation
  527  Commission; the Department of Agriculture and Consumer Services;
  528  and in the case of amendments that include or impact the public
  529  school facilities element, the Office of Educational Facilities
  530  of the Commissioner of Education. The local governing body shall
  531  also transmit a copy of the amendments and supporting data and
  532  analyses to any other local government or governmental agency
  533  that has filed a written request with the governing body. In
  534  addition, the local government may request that the state land
  535  planning agency issue a report containing its objections,
  536  recommendations, or comments on the amendments and supporting
  537  data and analyses. A local government that makes such request
  538  must notify all of the agencies and local governments listed in
  539  this paragraph of the request.
  540         (b) The agencies and local governments specified in
  541  paragraph (a) may provide comments regarding the amendment or
  542  amendments to the local government. The regional planning
  543  council review and comment shall be limited to effects on
  544  regional resources or facilities identified in the strategic
  545  regional policy plan and extrajurisdictional impacts that would
  546  be inconsistent with the comprehensive plan of the affected
  547  local government. A regional planning council shall not review
  548  and comment on a proposed comprehensive plan amendment prepared
  549  by such council unless the plan amendment has been changed by
  550  the local government subsequent to the preparation of the plan
  551  amendment by the regional planning council. County comments on
  552  municipal comprehensive plan amendments shall be primarily in
  553  the context of the relationship and effect of the proposed plan
  554  amendments on the county plan. Municipal comments on county plan
  555  amendments shall be primarily in the context of the relationship
  556  and effect of the amendments on the municipal plan. State agency
  557  comments may include technical guidance on issues of agency
  558  jurisdiction as it relates to the requirements of this part.
  559  Such comments must shall clearly identify issues that, if not
  560  resolved, may result in a an agency challenge to the plan
  561  amendment from the state land planning agency. For the purposes
  562  of this pilot program, Agencies are encouraged to focus
  563  potential challenges on issues of regional or statewide
  564  importance. Agencies and local governments must transmit their
  565  comments to the affected local government, if issued, within 30
  566  days after such that they are received by the local government
  567  not later than thirty days from the date on which the state land
  568  planning agency notifies the affected local government that the
  569  plan amendment package is complete or government received the
  570  amendment or amendments. Any comments from the agencies and
  571  local governments must also be transmitted to the state land
  572  planning agency. If the local government requested a report from
  573  the state planning agency listing objections, recommendations,
  574  and comments, the state planning agency has 15 days after
  575  receiving all of the comments from the agencies and local
  576  governments to issue the report.
  577         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR
  578  ALTERNATIVE REVIEW JURISDICTIONS PILOT AREAS.—
  579         (a) The local government shall hold its second public
  580  hearing, which shall be a hearing on whether to adopt one or
  581  more comprehensive plan amendments, on a weekday at least 5 days
  582  after the day the second advertisement is published pursuant to
  583  the requirements of chapter 125 or chapter 166. Adoption of
  584  comprehensive plan amendments must be by ordinance and requires
  585  an affirmative vote of a majority of the members of the
  586  governing body present at the second hearing. The hearing must
  587  be conducted and the amendment must be adopted, adopted with
  588  changes, or not adopted within 120 days after the agency
  589  comments are received pursuant to paragraph (4)(b). If a local
  590  government fails to adopt the plan amendment within the
  591  timeframe set forth in this paragraph, the plan amendment is
  592  deemed abandoned and the plan amendment may not be considered
  593  until the next available amendment cycle pursuant to s.
  594  163.3187.
  595         (b) All comprehensive plan amendments adopted by the
  596  governing body along with the supporting data and analysis shall
  597  be transmitted within 10 days of the second public hearing to
  598  the state land planning agency and any other agency or local
  599  government that provided timely comments under paragraph (4)(b).
  600         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR
  601  ALTERNATIVE REVIEW JURISDICTIONS PILOT PROGRAM.—
  602         (a) Any “affected person” as defined in s. 163.3184(1)(a)
  603  may file a petition with the Division of Administrative Hearings
  604  pursuant to ss. 120.569 and 120.57, with a copy served on the
  605  affected local government, to request a formal hearing to
  606  challenge whether the amendments are “in compliance” as defined
  607  in s. 163.3184(1)(b). This petition must be filed with the
  608  Division within 30 days after the local government adopts the
  609  amendment. The state land planning agency may intervene in a
  610  proceeding instituted by an affected person.
  611         (b) The state land planning agency may file a petition with
  612  the Division of Administrative Hearings pursuant to ss. 120.569
  613  and 120.57, with a copy served on the affected local government,
  614  to request a formal hearing. This petition must be filed with
  615  the Division within 30 days after the state land planning agency
  616  notifies the local government that the plan amendment package is
  617  complete. For purposes of this section, an amendment shall be
  618  deemed complete if it contains a full, executed copy of the
  619  adoption ordinance or ordinances; in the case of a text
  620  amendment, a full copy of the amended language in legislative
  621  format with new words inserted in the text underlined, and words
  622  to be deleted lined through with hyphens; in the case of a
  623  future land use map amendment, a copy of the future land use map
  624  clearly depicting the parcel, its existing future land use
  625  designation, and its adopted designation; and a copy of any data
  626  and analyses the local government deems appropriate. The state
  627  land planning agency shall notify the local government of any
  628  deficiencies within 5 working days of receipt of an amendment
  629  package.
  630         (c) The state land planning agency's challenge shall be
  631  limited to those issues raised in the comments provided by the
  632  reviewing agencies pursuant to paragraph (4)(b) or, if issued,
  633  the objections, recommendations, and comments report. The state
  634  land planning agency may challenge a plan amendment that has
  635  substantially changed from the version on which the agencies
  636  provided comments. For alternative review jurisdictions the
  637  purposes of this pilot program, the Legislature strongly
  638  encourages the state land planning agency to focus any challenge
  639  on issues of regional or statewide importance.
  640         (d) An administrative law judge shall hold a hearing in the
  641  affected local jurisdiction. The local government's
  642  determination that the amendment is “in compliance” is presumed
  643  to be correct and shall be sustained unless it is shown by a
  644  preponderance of the evidence that the amendment is not “in
  645  compliance.”
  646         (e) If the administrative law judge recommends that the
  647  amendment be found not in compliance, the judge shall submit the
  648  recommended order to the Administration Commission for final
  649  agency action. The Administration Commission shall enter a final
  650  order within 45 days after its receipt of the recommended order.
  651         (f) If the administrative law judge recommends that the
  652  amendment be found in compliance, the judge shall submit the
  653  recommended order to the state land planning agency.
  654         1. If the state land planning agency determines that the
  655  plan amendment should be found not in compliance, the agency
  656  shall refer, within 30 days of receipt of the recommended order,
  657  the recommended order and its determination to the
  658  Administration Commission for final agency action. If the
  659  commission determines that the amendment is not in compliance,
  660  it may sanction the local government as set forth in s.
  661  163.3184(11).
  662         2. If the state land planning agency determines that the
  663  plan amendment should be found in compliance, the agency shall
  664  enter its final order not later than 30 days from receipt of the
  665  recommended order.
  666         (g) An amendment adopted under the expedited provisions of
  667  this section shall not become effective until the completion of
  668  the time period available to the state land planning agency for
  669  administrative challenge under paragraph (a) 31 days after
  670  adoption. If timely challenged, an amendment shall not become
  671  effective until the state land planning agency or the
  672  Administration Commission enters a final order determining that
  673  the adopted amendment is to be in compliance.
  674         (h) Parties to a proceeding under this section may enter
  675  into compliance agreements using the process in s. 163.3184(16).
  676  Any remedial amendment adopted pursuant to a settlement
  677  agreement shall be provided to the agencies and governments
  678  listed in paragraph (4)(a).
  679         (7) APPLICABILITY OF ALTERNATIVE REVIEW PILOT PROGRAM IN
  680  CERTAIN LOCAL GOVERNMENTS.—Local governments and specific areas
  681  that are have been designated for alternate review process
  682  pursuant to ss. 163.3246 and 163.3184(17) and (18) are not
  683  subject to this section.
  684         (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—The state land
  685  planning agency may adopt procedural Agencies shall not
  686  promulgate rules to administer implement this section pilot
  687  program.
  688         (9)REPORT.—The Office of Program Policy Analysis and
  689  Government Accountability shall submit to the Governor, the
  690  President of the Senate, and the Speaker of the House of
  691  Representatives by December 1, 2008, a report and
  692  recommendations for implementing a statewide program that
  693  addresses the legislative findings in subsection (1) in areas
  694  that meet urban criteria. The Office of Program Policy Analysis
  695  and Government Accountability in consultation with the state
  696  land planning agency shall develop the report and
  697  recommendations with input from other state and regional
  698  agencies, local governments, and interest groups. Additionally,
  699  the office shall review local and state actions and
  700  correspondence relating to the pilot program to identify issues
  701  of process and substance in recommending changes to the pilot
  702  program. At a minimum, the report and recommendations shall
  703  include the following:
  704         (a)Identification of local governments beyond those
  705  participating in the pilot program that should be subject to the
  706  alternative expedited state review process. The report may
  707  recommend that pilot program local governments may no longer be
  708  appropriate for such alternative review process.
  709         (b)Changes to the alternative expedited state review
  710  process for local comprehensive plan amendments identified in
  711  the pilot program.
  712         (c)Criteria for determining issues of regional or
  713  statewide importance that are to be protected in the alternative
  714  state review process.
  715         (d)In preparing the report and recommendations, the Office
  716  of Program Policy Analysis and Government Accountability shall
  717  consult with the state land planning agency, the Department of
  718  Transportation, the Department of Environmental Protection, and
  719  the regional planning agencies in identifying highly developed
  720  local governments to participate in the alternative expedited
  721  state review process. The Office of Program Policy Analysis and
  722  Governmental Accountability shall also solicit citizen input in
  723  the potentially affected areas and consult with the affected
  724  local governments and stakeholder groups.
  725         Section 9. Subsection (29) is added to section 380.06,
  726  Florida Statutes, to read:
  727         380.06 Developments of regional impact.—
  728         (29)EXEMPTIONS FOR DENSE URBAN LAND AREAS.–
  729         (a)Any proposed development in a local government which
  730  has been designated by the state land planning agency as a dense
  731  urban land area as defined in s. 163.3164(5) is exempt from this
  732  section effective upon such designation being published in the
  733  Florida Administrative Weekly.
  734         (b)A development that is located partially within a
  735  jurisdiction that is not exempt from the development-of
  736  regional-impact program must undergo development-of-regional
  737  impact review pursuant to s. 380.06.
  738         (c)In jurisdictions exempt under paragraph (a), previously
  739  approved development-of-regional-impact development orders shall
  740  continue to be effective, but have the option to be governed by
  741  s. 380.115(1). A pending application for development approval
  742  shall be governed by s. 380.115(2).
  743         (d)Local governments must render by mail a development
  744  order to the state land planning agency for projects that would
  745  be larger than 120 percent of any applicable development-of
  746  regional-impact threshold and would require development-of
  747  regional-impact review but for the exemption from the program
  748  under paragraph (a). For such development orders, the state land
  749  planning agency is an “aggrieved or adversely affected party” as
  750  defined in s. 163.3215(2) and may challenge and appeal the
  751  development order for consistency with the comprehensive plan
  752  adopted under chapter 163 using the procedures provided in s.
  753  163.3215.
  754         Section 10. Paragraph (d) of subsection (3) of section
  755  163.31801, Florida Statutes, is amended to read:
  756         163.31801 Impact fees; short title; intent; definitions;
  757  ordinances levying impact fees.—
  758         (3) An impact fee adopted by ordinance of a county or
  759  municipality or by resolution of a special district must, at
  760  minimum:
  761         (d) Require that notice be provided no less than 90 days
  762  before the effective date of an ordinance or resolution imposing
  763  a new or increased amended impact fee. A county or municipality
  764  is not required to wait 90 days to decrease, suspend, or
  765  eliminate an impact fee.
  766         Section 11. This act shall take effect upon becoming a law.