CS for CS for SB 360 First Engrossed (ntc)
2009360e1
1 A bill to be entitled
2 An act relating to growth management; providing a
3 short title; amending s. 163.3164, F.S.; revising
4 definitions; providing a definition for the term
5 “dense urban land area”; amending s. 163.3177, F.S.;
6 extending dates relating to requirements for adopting
7 amendments to the capital improvements element of a
8 local comprehensive plan; deleting a penalty for local
9 governments that fail to adopt a public school
10 facilities element and interlocal agreement;
11 authorizing the state land planning agency to issue a
12 notice to a school board or local government to show
13 cause for not imposing sanctions; requiring that the
14 state land planning agency submit its findings to the
15 Administration Commission within the Executive Office
16 of the Governor if the agency finds insufficient cause
17 to impose sanctions; authorizing the Administration
18 Commission to impose certain sanctions; amending s.
19 163.3180, F.S.; revising concurrency requirements;
20 providing legislative findings relating to
21 transportation concurrency exception areas; providing
22 for the applicability of transportation concurrency
23 exception areas; deleting certain requirements for
24 transportation concurrency exception areas; providing
25 that the designation of a transportation concurrency
26 exception area does not limit a local government’s
27 home rule power to adopt ordinances or impose fees and
28 does not affect any contract or agreement entered into
29 or development order rendered before such designation;
30 requiring the Office of Program Policy Analysis and
31 Government Accountability to submit a report to the
32 Legislature concerning the effects of the
33 transportation concurrency exception areas; providing
34 for an exemption from level-of-service standards for
35 proposed development related to qualified job-creation
36 projects; amending s. 163.3184, F.S.; clarifying the
37 definition of the term “in compliance”; conforming
38 cross-references; amending s. 163.3187, F.S.;
39 exempting certain additional comprehensive plan
40 amendments from the twice-per-year limitation;
41 limiting the adoption of certain amendments to the
42 text of a plan to once per calendar year; amending s.
43 163.3246, F.S.; conforming a cross-reference; amending
44 s. 163.32465, F.S.; revising provisions relating to
45 the state review of comprehensive plans; providing for
46 additional types of amendments to which the alternate
47 state review applies; requiring that agencies submit
48 comments within a specified period after the state
49 land planning agency notifies the local government
50 that the plan amendment package is complete; requiring
51 that the local government adopt a plan amendment
52 within a specified period after comments are received;
53 requiring that the state land planning agency adopt
54 rules; deleting provisions relating to reporting
55 requirements for the Office of Program Policy Analysis
56 and Government Accountability; amending s. 380.06,
57 F.S.; providing exemptions for dense urban land areas
58 from the development-of-regional-impact program;
59 providing exceptions; amending s. 163.31801, F.S.;
60 revising provisions relating to impact fees; providing
61 that notice is not required if an impact fee is
62 decreased, suspended, or eliminated; amending s.
63 171.091, F.S.; requiring that a municipality submit a
64 copy of any revision to the charter boundary article
65 which results from an annexation or contraction to the
66 Office of Economic and Demographic Research within the
67 Legislature; amending s. 186.509, F.S.; revising
68 provisions relating to a dispute resolution process to
69 reconcile differences on planning and growth
70 management issues between certain parties of interest;
71 providing for mandatory mediation; providing that the
72 act fulfills an important state interest; providing an
73 effective date.
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. This act may be cited as the “Community Renewal
78 Act.”
79 Section 2. Subsection (29) of section 163.3164, Florida
80 Statutes, is amended, and subsection (34) is added to that
81 section, to read:
82 163.3164 Local Government Comprehensive Planning and Land
83 Development Regulation Act; definitions.—As used in this act:
84 (29) “Existing Urban service area” means built-up areas
85 where public facilities and services, including, but not limited
86 to, central water and sewer such as sewage treatment systems,
87 roads, schools, and recreation areas, are already in place. In
88 addition, for counties that qualify as dense urban land areas
89 under subsection (34), the nonrural area of a county which has
90 adopted into the county charter a Rural Area designation or
91 areas identified in the comprehensive plan as urban service
92 areas or urban growth boundaries on or before July 1, 2009, are
93 also urban service areas under this definition.
94 (34) “Dense urban land area” means:
95 (a) A municipality that has an average of at least 1,000
96 people per square mile of land area and a minimum total
97 population of at least 5,000;
98 (b) A county, including the municipalities located therein,
99 which has an average of at least 1,000 people per square mile of
100 land area; or
101 (c) A county, including the municipalities located therein,
102 which has a population of at least 1 million.
103
104 The Office of Economic and Demographic Research within the
105 Legislature shall annually calculate the population and density
106 criteria needed to determine which jurisdictions qualify as
107 dense urban land areas by using the most recent land area data
108 from the decennial census conducted by the Bureau of the Census
109 of the United States Department of Commerce and the latest
110 available population estimates determined pursuant to s.
111 186.901. If any local government has had an annexation,
112 contraction, or new incorporation, the Office of Economic and
113 Demographic Research shall determine the population density
114 using the new jurisdictional boundaries as recorded in
115 accordance with s. 171.091. The Office of Economic and
116 Demographic Research shall submit to the state land planning
117 agency a list of jurisdictions that meet the total population
118 and density criteria necessary for designation as a dense urban
119 land area by July 1, 2009, and every year thereafter. The state
120 land planning agency shall publish the list of jurisdictions on
121 its Internet website within 7 days after the list is received.
122 The designation of jurisdictions that qualify or do not qualify
123 as a dense urban land area is effective upon publication on the
124 state land planning agency’s Internet website.
125 Section 3. Paragraph (b) of subsection (3), paragraph (a)
126 of subsection (4), paragraph (h) of subsection (6), and
127 paragraphs (j) and (k) of subsection (12) of section 163.3177
128 Florida Statutes, are amended to read:
129 163.3177 Required and optional elements of comprehensive
130 plan; studies and surveys.—
131 (3)
132 (b)1. The capital improvements element must be reviewed on
133 an annual basis and modified as necessary in accordance with s.
134 163.3187 or s. 163.3189 in order to maintain a financially
135 feasible 5-year schedule of capital improvements. Corrections
136 and modifications concerning costs; revenue sources; or
137 acceptance of facilities pursuant to dedications which are
138 consistent with the plan may be accomplished by ordinance and
139 shall not be deemed to be amendments to the local comprehensive
140 plan. A copy of the ordinance shall be transmitted to the state
141 land planning agency. An amendment to the comprehensive plan is
142 required to update the schedule on an annual basis or to
143 eliminate, defer, or delay the construction for any facility
144 listed in the 5-year schedule. All public facilities must be
145 consistent with the capital improvements element. The annual
146 update to the capital improvements element of the comprehensive
147 plan need not comply with the financial feasibility requirement
148 until December 1, 2011. Amendments to implement this section
149 must be adopted and transmitted no later than December 1, 2008.
150 Thereafter, a local government may not amend its future land use
151 map, except for plan amendments to meet new requirements under
152 this part and emergency amendments pursuant to s.
153 163.3187(1)(a), after December 1, 2011 2008, and every year
154 thereafter, unless and until the local government has adopted
155 the annual update and it has been transmitted to the state land
156 planning agency.
157 2. Capital improvements element amendments adopted after
158 the effective date of this act shall require only a single
159 public hearing before the governing board which shall be an
160 adoption hearing as described in s. 163.3184(7). Such amendments
161 are not subject to the requirements of s. 163.3184(3)-(6).
162 (4)(a) Coordination of the local comprehensive plan with
163 the comprehensive plans of adjacent municipalities, the county,
164 adjacent counties, or the region; with the appropriate water
165 management district’s regional water supply plans approved
166 pursuant to s. 373.0361; with adopted rules pertaining to
167 designated areas of critical state concern; and with the state
168 comprehensive plan shall be a major objective of the local
169 comprehensive planning process. To that end, in the preparation
170 of a comprehensive plan or element thereof, and in the
171 comprehensive plan or element as adopted, the governing body
172 shall include a specific policy statement indicating the
173 relationship of the proposed development of the area to the
174 comprehensive plans of adjacent municipalities, the county,
175 adjacent counties, or the region and to the state comprehensive
176 plan, as the case may require and as such adopted plans or plans
177 in preparation may exist.
178 (6) In addition to the requirements of subsections (1)-(5)
179 and (12), the comprehensive plan shall include the following
180 elements:
181 (h)1. An intergovernmental coordination element showing
182 relationships and stating principles and guidelines to be used
183 in the accomplishment of coordination of the adopted
184 comprehensive plan with the plans of school boards, regional
185 water supply authorities, and other units of local government
186 providing services but not having regulatory authority over the
187 use of land, with the comprehensive plans of adjacent
188 municipalities, the county, adjacent counties, or the region,
189 with the state comprehensive plan and with the applicable
190 regional water supply plan approved pursuant to s. 373.0361, as
191 the case may require and as such adopted plans or plans in
192 preparation may exist. This element of the local comprehensive
193 plan shall demonstrate consideration of the particular effects
194 of the local plan, when adopted, upon the development of
195 adjacent municipalities, the county, adjacent counties, or the
196 region, or upon the state comprehensive plan, as the case may
197 require.
198 a. The intergovernmental coordination element shall provide
199 for procedures to identify and implement joint planning areas,
200 especially for the purpose of annexation, municipal
201 incorporation, and joint infrastructure service areas.
202 b. The intergovernmental coordination element shall provide
203 for recognition of campus master plans prepared pursuant to s.
204 1013.30.
205 c. The intergovernmental coordination element shall may
206 provide for a voluntary dispute resolution process as
207 established pursuant to s. 186.509 for bringing to closure in a
208 timely manner intergovernmental disputes. A local government may
209 develop and use an alternative local dispute resolution process
210 for this purpose.
211 2. The intergovernmental coordination element shall further
212 state principles and guidelines to be used in the accomplishment
213 of coordination of the adopted comprehensive plan with the plans
214 of school boards and other units of local government providing
215 facilities and services but not having regulatory authority over
216 the use of land. In addition, the intergovernmental coordination
217 element shall describe joint processes for collaborative
218 planning and decisionmaking on population projections and public
219 school siting, the location and extension of public facilities
220 subject to concurrency, and siting facilities with countywide
221 significance, including locally unwanted land uses whose nature
222 and identity are established in an agreement. Within 1 year of
223 adopting their intergovernmental coordination elements, each
224 county, all the municipalities within that county, the district
225 school board, and any unit of local government service providers
226 in that county shall establish by interlocal or other formal
227 agreement executed by all affected entities, the joint processes
228 described in this subparagraph consistent with their adopted
229 intergovernmental coordination elements.
230 3. To foster coordination between special districts and
231 local general-purpose governments as local general-purpose
232 governments implement local comprehensive plans, each
233 independent special district must submit a public facilities
234 report to the appropriate local government as required by s.
235 189.415.
236 4.a. Local governments must execute an interlocal agreement
237 with the district school board, the county, and nonexempt
238 municipalities pursuant to s. 163.31777. The local government
239 shall amend the intergovernmental coordination element to
240 provide that coordination between the local government and
241 school board is pursuant to the agreement and shall state the
242 obligations of the local government under the agreement.
243 b. Plan amendments that comply with this subparagraph are
244 exempt from the provisions of s. 163.3187(1).
245 5. The state land planning agency shall establish a
246 schedule for phased completion and transmittal of plan
247 amendments to implement subparagraphs 1., 2., and 3. from all
248 jurisdictions so as to accomplish their adoption by December 31,
249 1999. A local government may complete and transmit its plan
250 amendments to carry out these provisions prior to the scheduled
251 date established by the state land planning agency. The plan
252 amendments are exempt from the provisions of s. 163.3187(1).
253 6. By January 1, 2004, any county having a population
254 greater than 100,000, and the municipalities and special
255 districts within that county, shall submit a report to the
256 Department of Community Affairs which:
257 a. Identifies all existing or proposed interlocal service
258 delivery agreements regarding the following: education; sanitary
259 sewer; public safety; solid waste; drainage; potable water;
260 parks and recreation; and transportation facilities.
261 b. Identifies any deficits or duplication in the provision
262 of services within its jurisdiction, whether capital or
263 operational. Upon request, the Department of Community Affairs
264 shall provide technical assistance to the local governments in
265 identifying deficits or duplication.
266 7. Within 6 months after submission of the report, the
267 Department of Community Affairs shall, through the appropriate
268 regional planning council, coordinate a meeting of all local
269 governments within the regional planning area to discuss the
270 reports and potential strategies to remedy any identified
271 deficiencies or duplications.
272 8. Each local government shall update its intergovernmental
273 coordination element based upon the findings in the report
274 submitted pursuant to subparagraph 6. The report may be used as
275 supporting data and analysis for the intergovernmental
276 coordination element.
277 (12) A public school facilities element adopted to
278 implement a school concurrency program shall meet the
279 requirements of this subsection. Each county and each
280 municipality within the county, unless exempt or subject to a
281 waiver, must adopt a public school facilities element that is
282 consistent with those adopted by the other local governments
283 within the county and enter the interlocal agreement pursuant to
284 s. 163.31777.
285 (j) Failure to adopt the public school facilities element,
286 to enter into an approved interlocal agreement as required by
287 subparagraph (6)(h)2. and s. 163.31777, or to amend the
288 comprehensive plan as necessary to implement school concurrency,
289 according to the phased schedule, shall result in a local
290 government being prohibited from adopting amendments to the
291 comprehensive plan which increase residential density until the
292 necessary amendments have been adopted and transmitted to the
293 state land planning agency.
294 (j)(k) The state land planning agency may issue the school
295 board a notice to a school board or local government to show
296 cause why sanctions should not be enforced for failure to enter
297 into an approved interlocal agreement as required by s.
298 163.31777 or for failure to implement the provisions of this act
299 relating to public school concurrency. If the state land
300 planning agency finds that insufficient cause exists for the
301 school board’s or local government’s failure to enter into an
302 approved interlocal agreement required by s. 163.31777 or for
303 the school board’s or local government’s failure to implement
304 the provisions relating to public school concurrency, the state
305 land planning agency shall submit its finding to the
306 Administration Commission, which may impose on the local
307 government any of the sanctions set forth in s. 163.3184(11)(a)
308 and (b) and may impose on the district school board any of the
309 sanctions set forth in s. 1008.32(4). The school board may be
310 subject to sanctions imposed by the Administration Commission
311 directing the Department of Education to withhold from the
312 district school board an equivalent amount of funds for school
313 construction available pursuant to ss. 1013.65, 1013.68,
314 1013.70, and 1013.72.
315 Section 4. Paragraph (c) of subsection (4) and subsections
316 (5) and (10) of section 163.3180, Florida Statutes, are amended
317 to read:
318 163.3180 Concurrency.—
319 (4)
320 (c) The concurrency requirement, except as it relates to
321 transportation facilities and public schools, as implemented in
322 local government comprehensive plans, may be waived by a local
323 government for urban infill and redevelopment areas designated
324 pursuant to s. 163.2517 if such a waiver does not endanger
325 public health or safety as defined by the local government in
326 its local government comprehensive plan. The waiver shall be
327 adopted as a plan amendment pursuant to the process set forth in
328 s. 163.3187(4)(a) s. 163.3187(3)(a). A local government may
329 grant a concurrency exception pursuant to subsection (5) for
330 transportation facilities located within these urban infill and
331 redevelopment areas.
332 (5)
333 (a) The Legislature finds that under limited circumstances
334 dealing with transportation facilities, countervailing planning
335 and public policy goals may come into conflict with the
336 requirement that adequate public transportation facilities and
337 services be available concurrent with the impacts of such
338 development. The Legislature further finds that often the
339 unintended result of the concurrency requirement for
340 transportation facilities is often the discouragement of urban
341 infill development and redevelopment. Such unintended results
342 directly conflict with the goals and policies of the state
343 comprehensive plan and the intent of this part. The Legislature
344 also finds that in urban centers transportation cannot be
345 effectively managed and mobility cannot be improved solely
346 through the expansion of roadway capacity, that the expansion of
347 roadway capacity is not always physically or financially
348 possible, and that a range of transportation alternatives are
349 essential to satisfy mobility needs, reduce congestion, and
350 achieve healthy, vibrant centers. Therefore, exceptions from the
351 concurrency requirement for transportation facilities may be
352 granted as provided by this subsection.
353 (b)1. The following are transportation concurrency
354 exception areas:
355 a. A municipality that qualifies as a dense urban land area
356 under s. 163.3164(34);
357 b. An urban service area under s. 163.3164(29) which has
358 been adopted into the local comprehensive plan and is located
359 within a county that qualifies as a dense urban land area under
360 s. 163.3164(34); and
361 c. A county, including the municipalities located therein,
362 which has a population of at least 900,000 and qualifies as a
363 dense urban land area under s. 163.3164(34), but does not have
364 an urban service area designated in the local comprehensive
365 plan.
366 2. A municipality that does not qualify as a dense urban
367 land area pursuant to s. 163.3164(34) may designate in its local
368 comprehensive plan the following areas as transportation
369 concurrency exception areas:
370 a. Urban infill as defined in s. 163.3164(27);
371 b. Community redevelopment areas as defined in s.
372 163.340(10);
373 c. Downtown revitalization areas as defined in s.
374 163.3164(25);
375 d. Urban infill and redevelopment under s. 163.2517; or
376 e. Urban service areas as defined in s. 163.3164(29) or
377 areas within a designated urban service boundary under s.
378 163.3177(14).
379 3. A county that does not qualify as a dense urban land
380 area pursuant to s. 163.3164(34) may designate in its local
381 comprehensive plan the following areas as transportation
382 concurrency exception areas:
383 a. Urban infill as defined in s. 163.3164(27);
384 b. Urban infill and redevelopment under s. 163.2517; or
385 c. Urban service areas as defined in s. 163.3164(29).
386 4. A local government that has a transportation concurrency
387 exception area designated pursuant to subparagraph 1.,
388 subparagraph 2., or subparagraph 3. must, within 2 years after
389 the designated area becomes exempt, adopt into its local
390 comprehensive plan land use and transportation strategies to
391 support and fund mobility within the exception area, including
392 alternative modes of transportation. Local governments are
393 encouraged to adopt complementary land use and transportation
394 strategies that reflect the region’s shared vision for its
395 future. If the state land planning agency finds insufficient
396 cause for the failure to adopt into its comprehensive plan land
397 use and transportation strategies to support and fund mobility
398 within the designated exception area after 2 years, it shall
399 submit the finding to the Administration Commission, which may
400 impose any of the sanctions set forth in s. 163.3184(11)(a) and
401 (b) against the local government.
402 5. Transportation concurrency exception areas designated
403 under subparagraph 1., subparagraph 2., or subparagraph 3. do
404 not apply to designated transportation concurrency districts
405 located within a county that has a population of at least 1.5
406 million, has implemented and uses a transportation-related
407 concurrency assessment to support alternative modes of
408 transportation, including, but not limited to, mass transit, and
409 does not levy transportation impact fees within the concurrency
410 district.
411 6. A local government that does not have a transportation
412 concurrency exception area designated pursuant to subparagraph
413 1., subparagraph 2., or subparagraph 3. may grant an exception
414 from the concurrency requirement for transportation facilities
415 if the proposed development is otherwise consistent with the
416 adopted local government comprehensive plan and is a project
417 that promotes public transportation or is located within an area
418 designated in the comprehensive plan for:
419 a.1. Urban infill development;
420 b.2. Urban redevelopment;
421 c.3. Downtown revitalization;
422 d.4. Urban infill and redevelopment under s. 163.2517; or
423 e.5. An urban service area specifically designated as a
424 transportation concurrency exception area which includes lands
425 appropriate for compact, contiguous urban development, which
426 does not exceed the amount of land needed to accommodate the
427 projected population growth at densities consistent with the
428 adopted comprehensive plan within the 10-year planning period,
429 and which is served or is planned to be served with public
430 facilities and services as provided by the capital improvements
431 element.
432 (c) The Legislature also finds that developments located
433 within urban infill, urban redevelopment, existing urban
434 service, or downtown revitalization areas or areas designated as
435 urban infill and redevelopment areas under s. 163.2517, which
436 pose only special part-time demands on the transportation
437 system, are exempt should be excepted from the concurrency
438 requirement for transportation facilities. A special part-time
439 demand is one that does not have more than 200 scheduled events
440 during any calendar year and does not affect the 100 highest
441 traffic volume hours.
442 (d) Except for transportation concurrency exception areas
443 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
444 or subparagraph (b)3., the following requirements apply: A local
445 government shall establish guidelines in the comprehensive plan
446 for granting the exceptions authorized in paragraphs (b) and (c)
447 and subsections (7) and (15) which must be consistent with and
448 support a comprehensive strategy adopted in the plan to promote
449 the purpose of the exceptions.
450 1.(e) The local government shall both adopt into the
451 comprehensive plan and implement long-term strategies to support
452 and fund mobility within the designated exception area,
453 including alternative modes of transportation. The plan
454 amendment must also demonstrate how strategies will support the
455 purpose of the exception and how mobility within the designated
456 exception area will be provided.
457 2. In addition, The strategies must address urban design;
458 appropriate land use mixes, including intensity and density; and
459 network connectivity plans needed to promote urban infill,
460 redevelopment, or downtown revitalization. The comprehensive
461 plan amendment designating the concurrency exception area must
462 be accompanied by data and analysis justifying the size of the
463 area.
464 (e)(f) Before designating Prior to the designation of a
465 concurrency exception area pursuant to subparagraph (b)6., the
466 state land planning agency and the Department of Transportation
467 shall be consulted by the local government to assess the impact
468 that the proposed exception area is expected to have on the
469 adopted level-of-service standards established for regional
470 transportation facilities identified pursuant to s. 186.507,
471 including the Strategic Intermodal System facilities, as defined
472 in s. 339.64, and roadway facilities funded in accordance with
473 s. 339.2819. Further, the local government shall provide a plan
474 for the mitigation of, in consultation with the state land
475 planning agency and the Department of Transportation, develop a
476 plan to mitigate any impacts to the Strategic Intermodal System,
477 including, if appropriate, access management, parallel reliever
478 roads, transportation demand management, and other measures the
479 development of a long-term concurrency management system
480 pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
481 may be available only within the specific geographic area of the
482 jurisdiction designated in the plan. Pursuant to s. 163.3184,
483 any affected person may challenge a plan amendment establishing
484 these guidelines and the areas within which an exception could
485 be granted.
486 (g) Transportation concurrency exception areas existing
487 prior to July 1, 2005, must, at a minimum, meet the provisions
488 of this section by July 1, 2006, or at the time of the
489 comprehensive plan update pursuant to the evaluation and
490 appraisal report, whichever occurs last.
491 (f) The designation of a transportation concurrency
492 exception area does not limit a local government’s home rule
493 power to adopt ordinances or impose fees. This subsection does
494 not affect any contract or agreement entered into or development
495 order rendered before the creation of the transportation
496 concurrency exception area except as provided in s.
497 380.06(29)(e).
498 (g) The Office of Program Policy Analysis and Government
499 Accountability shall submit to the President of the Senate and
500 the Speaker of the House of Representatives by February 1, 2015,
501 a report on transportation concurrency exception areas created
502 pursuant to this subsection. At a minimum, the report shall
503 address the methods that local governments have used to
504 implement and fund transportation strategies to achieve the
505 purposes of designated transportation concurrency exception
506 areas, and the effects of the strategies on mobility,
507 congestion, urban design, the density and intensity of land use
508 mixes, and network connectivity plans used to promote urban
509 infill, redevelopment or downtown revitalization.
510 (10) Except in transportation concurrency exception areas,
511 with regard to roadway facilities on the Strategic Intermodal
512 System designated in accordance with s. 339.63 ss. 339.61,
513 339.62, 339.63, and 339.64, the Florida Intrastate Highway
514 System as defined in s. 338.001, and roadway facilities funded
515 in accordance with s. 339.2819, local governments shall adopt
516 the level-of-service standard established by the Department of
517 Transportation by rule. However, if the Office of Tourism,
518 Trade, and Economic Development concurs in writing with the
519 local government that the proposed development is for a
520 qualified job creation project under s. 288.0656 or s. 403.973,
521 the affected local government, after consulting with the
522 Department of Transportation, may allow for a waiver of
523 transportation concurrency for the project. For all other roads
524 on the State Highway System, local governments shall establish
525 an adequate level-of-service standard that need not be
526 consistent with any level-of-service standard established by the
527 Department of Transportation. In establishing adequate level-of
528 service standards for any arterial roads, or collector roads as
529 appropriate, which traverse multiple jurisdictions, local
530 governments shall consider compatibility with the roadway
531 facility’s adopted level-of-service standards in adjacent
532 jurisdictions. Each local government within a county shall use a
533 professionally accepted methodology for measuring impacts on
534 transportation facilities for the purposes of implementing its
535 concurrency management system. Counties are encouraged to
536 coordinate with adjacent counties, and local governments within
537 a county are encouraged to coordinate, for the purpose of using
538 common methodologies for measuring impacts on transportation
539 facilities for the purpose of implementing their concurrency
540 management systems.
541 Section 5. Paragraph (b) of subsection (1), paragraph (b)
542 of subsection (8), and subsections (17) and (18) of section
543 163.3184, Florida Statutes, are amended to read:
544 163.3184 Process for adoption of comprehensive plan or plan
545 amendment.—
546 (1) DEFINITIONS.—As used in this section, the term:
547 (b) “In compliance” means consistent with the requirements
548 of ss. 163.3177, when a local government adopts an educational
549 facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
550 with the state comprehensive plan, with the appropriate
551 strategic regional policy plan, and with chapter 9J-5, Florida
552 Administrative Code, where such rule is not inconsistent with
553 this part and with the principles for guiding development in
554 designated areas of critical state concern and with part III of
555 chapter 369, where applicable.
556 (8) NOTICE OF INTENT.—
557 (b) Except as provided in paragraph (a) or in s.
558 163.3187(4) s. 163.3187(3), the state land planning agency, upon
559 receipt of a local government’s complete adopted comprehensive
560 plan or plan amendment, shall have 45 days for review and to
561 determine if the plan or plan amendment is in compliance with
562 this act, unless the amendment is the result of a compliance
563 agreement entered into under subsection (16), in which case the
564 time period for review and determination shall be 30 days. If
565 review was not conducted under subsection (6), the agency’s
566 determination must be based upon the plan amendment as adopted.
567 If review was conducted under subsection (6), the agency’s
568 determination of compliance must be based only upon one or both
569 of the following:
570 1. The state land planning agency’s written comments to the
571 local government pursuant to subsection (6); or
572 2. Any changes made by the local government to the
573 comprehensive plan or plan amendment as adopted.
574 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
575 local government that has adopted a community vision and urban
576 service boundary under s. 163.3177(13) and (14) may adopt a plan
577 amendment related to map amendments solely to property within an
578 urban service boundary in the manner described in subsections
579 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
580 and e., 2., and 3., such that state and regional agency review
581 is eliminated. The department may not issue an objections,
582 recommendations, and comments report on proposed plan amendments
583 or a notice of intent on adopted plan amendments; however,
584 affected persons, as defined by paragraph (1)(a), may file a
585 petition for administrative review pursuant to the requirements
586 of s. 163.3187(4)(a) s. 163.3187(3)(a) to challenge the
587 compliance of an adopted plan amendment. This subsection does
588 not apply to any amendment within an area of critical state
589 concern, to any amendment that increases residential densities
590 allowable in high-hazard coastal areas as defined in s.
591 163.3178(2)(h), or to a text change to the goals, policies, or
592 objectives of the local government’s comprehensive plan.
593 Amendments submitted under this subsection are exempt from the
594 limitation on the frequency of plan amendments in s. 163.3187.
595 (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
596 municipality that has a designated urban infill and
597 redevelopment area under s. 163.2517 may adopt a plan amendment
598 related to map amendments solely to property within a designated
599 urban infill and redevelopment area in the manner described in
600 subsections (1), (2), (7), (14), (15), and (16) and s.
601 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
602 regional agency review is eliminated. The department may not
603 issue an objections, recommendations, and comments report on
604 proposed plan amendments or a notice of intent on adopted plan
605 amendments; however, affected persons, as defined by paragraph
606 (1)(a), may file a petition for administrative review pursuant
607 to the requirements of s. 163.3187(4)(a) s. 163.3187(3)(a) to
608 challenge the compliance of an adopted plan amendment. This
609 subsection does not apply to any amendment within an area of
610 critical state concern, to any amendment that increases
611 residential densities allowable in high-hazard coastal areas as
612 defined in s. 163.3178(2)(h), or to a text change to the goals,
613 policies, or objectives of the local government’s comprehensive
614 plan. Amendments submitted under this subsection are exempt from
615 the limitation on the frequency of plan amendments in s.
616 163.3187.
617 Section 6. Paragraphs (b) and (f) of subsection (1) of
618 section 163.3187, Florida Statutes, are amended, paragraph (q)
619 is added to that subsection, present subsections (2) through (6)
620 of that section are redesignated as subsections (3) through (7),
621 respectively, and a new subsection (2) is added to that section,
622 to read:
623 163.3187 Amendment of adopted comprehensive plan.—
624 (1) Amendments to comprehensive plans adopted pursuant to
625 this part may be made not more than two times during any
626 calendar year, except:
627 (b) Any local government comprehensive plan amendments
628 directly related to a proposed development of regional impact,
629 including changes which have been determined to be substantial
630 deviations and including Florida Quality Developments pursuant
631 to s. 380.061, may be initiated by a local planning agency and
632 considered by the local governing body at the same time as the
633 application for development approval using the procedures
634 provided for local plan amendment in this section and applicable
635 local ordinances, without regard to statutory or local ordinance
636 limits on the frequency of consideration of amendments to the
637 local comprehensive plan. Nothing in this subsection shall be
638 deemed to require favorable consideration of a plan amendment
639 solely because it is related to a development of regional
640 impact.
641 (f) Any comprehensive plan amendment that changes the
642 schedule in The capital improvements element annual update
643 required in s. 163.3177(3)(b)2., and any amendments directly
644 related to the schedule, may be made once in a calendar year on
645 a date different from the two times provided in this subsection
646 when necessary to coincide with the adoption of the local
647 government’s budget and capital improvements program.
648 (q) Any local government plan amendment to designate an
649 urban service area, which exists in the local government’s
650 comprehensive plan as of July 1, 2009, as a transportation
651 concurrency exception area under s. 163.3180(5)(b)2. or 3., an
652 area eligible for expedited comprehensive plan amendment review
653 under s. 163.32465, and an area exempt from the development-of
654 regional-impact process under s. 380.06(29).
655 (2) Other than the exceptions listed in subsection (1),
656 text amendments to the goals, objectives, or policies of the
657 local government’s comprehensive plan may be adopted only once a
658 year, unless the text amendment is directly related to, and
659 applies only to, a future land use map amendment.
660 Section 7. Paragraph (a) of subsection (9) of section
661 163.3246, Florida Statutes, is amended to read:
662 163.3246 Local government comprehensive planning
663 certification program.—
664 (9)(a) Upon certification all comprehensive plan amendments
665 associated with the area certified must be adopted and reviewed
666 in the manner described in ss. 163.3184(1), (2), (7), (14),
667 (15), and (16) and 163.3187, such that state and regional agency
668 review is eliminated. The department may not issue any
669 objections, recommendations, and comments report on proposed
670 plan amendments or a notice of intent on adopted plan
671 amendments; however, affected persons, as defined by s.
672 163.3184(1)(a), may file a petition for administrative review
673 pursuant to the requirements of s. 163.3187(4)(a) s.
674 163.3187(3)(a) to challenge the compliance of an adopted plan
675 amendment.
676 Section 8. Section 163.32465, Florida Statutes, is amended
677 to read:
678 163.32465 State review of local comprehensive plans in
679 urban areas.—
680 (1) LEGISLATIVE FINDINGS.—
681 (a) The Legislature finds that local governments in this
682 state have a wide diversity of resources, conditions, abilities,
683 and needs. The Legislature also finds that the needs and
684 resources of urban areas are different from those of rural areas
685 and that different planning and growth management approaches,
686 strategies, and techniques are required in urban areas. The
687 state role in overseeing growth management should reflect this
688 diversity and should vary based on local government conditions,
689 capabilities, needs, and the extent and type of development.
690 Therefore Thus, the Legislature recognizes and finds that
691 reduced state oversight of local comprehensive planning is
692 justified for some local governments in urban areas and for
693 certain types of development.
694 (b) The Legislature finds and declares that this state’s
695 urban areas require a reduced level of state oversight because
696 of their high degree of urbanization and the planning
697 capabilities and resources of many of their local governments.
698 An alternative state review process that is adequate to protect
699 issues of regional or statewide importance should be created for
700 appropriate local governments in these areas and for certain
701 types of development. Further, the Legislature finds that
702 development, including urban infill and redevelopment, should be
703 encouraged in these urban areas. The Legislature finds that an
704 alternative process for amending local comprehensive plans in
705 these areas should be established with an objective of
706 streamlining the process and recognizing local responsibility
707 and accountability.
708 (c) The Legislature finds a pilot program will be
709 beneficial in evaluating an alternative, expedited plan
710 amendment adoption and review process. Pilot local governments
711 shall represent highly developed counties and the municipalities
712 within these counties and highly populated municipalities.
713 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.—The
714 alternative state review process provided in this section
715 applies to: Pinellas and Broward Counties, and the
716 municipalities within these counties, and Jacksonville, Miami,
717 Tampa, and Hialeah shall follow an alternative state review
718 process provided in this section. Municipalities within the
719 pilot counties may elect, by super majority vote of the
720 governing body, not to participate in the pilot program.
721 (a) Future land use map amendments within a municipality
722 that qualifies as a dense urban land area, as defined in s.
723 163.3164(34);
724 (b) Future land use map amendments for areas within a
725 county that qualifies as a dense urban land area as defined in
726 s. 163.3164(34) which are designated in the county’s
727 comprehensive plan as urban service areas under s. 163.3164(29);
728 (c) Future land use map amendments for counties, including
729 the municipalities located therein, which have a population of
730 at least 900,000, qualify as dense urban land areas under s.
731 163.3164(34), but do not have an urban service area designated
732 in the comprehensive plan;
733 (d) Future land use map amendments by municipalities that
734 do not qualify as dense urban land areas pursuant to s.
735 163.3164(34) and that are located within areas designated in the
736 comprehensive plan as:
737 1. Urban infill as defined in s. 163.3164(27);
738 2. Community redevelopment areas as defined in s.
739 163.340(10);
740 3. Downtown revitalization areas as defined in s.
741 163.3164(25); or
742 4. Urban service areas as defined in s. 163.3164(29) or
743 areas within a designated urban service boundary under s.
744 163.3177(14);
745 (e) Future land use map amendments by counties that do not
746 qualify as dense urban land areas pursuant to s. 163.3164(34)
747 which are within areas designated in the comprehensive plan as:
748 1. Urban infill development as defined in s. 163.3164(27);
749 2. Urban infill and redevelopment under s. 163.2517; or
750 3. Urban service areas as defined in s. 163.3164(29); and
751 (f) Future land use map amendments within an area
752 designated by the Governor as a rural area of critical economic
753 concern under s. 288.0656(7) if the Office of Tourism, Trade,
754 and Economic Development states in writing that the amendment
755 supports a regional target industry that is identified in an
756 economic development plan prepared for one of the economic
757 development programs identified in s. 288.0656(7).
758 (g) Any local government plan amendment to designate an
759 urban service area, which exists in the local government’s
760 comprehensive plan as of July 1, 2009, as a transportation
761 concurrency exception area under s. 163.3180(5)(b)2. or 3., an
762 area eligible for expedited comprehensive plan amendment review
763 under s. 163.32465, and an area exempt from the development-of
764 regional-impact process under s. 380.06(29).
765 (h) Any text amendment that directly relates to, and
766 applies only to, a future land use map amendment.
767 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
768 UNDER THE PILOT PROGRAM.—
769 (a) Plan amendments adopted under this section by the pilot
770 program jurisdictions shall follow the alternate, expedited
771 process in subsections (4) and (5), except as set forth in
772 paragraphs (b)-(e) of this subsection.
773 (b) Amendments that qualify as small-scale development
774 amendments may continue to be adopted in by the pilot program
775 jurisdictions that use the alternative review process pursuant
776 to s. 163.3187(1)(c) and (4)(3).
777 (c) An amendment to a comprehensive plan is not eligible
778 for alternative state review and must go through the state
779 review process under s. 163.3184 if the amendment:
780 1. Designates or implements a rural land stewardship area
781 pursuant to s. 163.3177(11)(d);
782 2. Designates or implements an optional sector plan;
783 3. Applies within an area of critical state concern or a
784 coastal high-hazard area;
785 4. Incorporates into a municipal comprehensive plan lands
786 that have been annexed;
787 5. Updates a comprehensive plan based on an evaluation and
788 appraisal report;
789 6. Implements statutory requirements that were not
790 previously incorporated into the comprehensive plan;
791 7. Changes the boundary of a jurisdiction’s urban service
792 area as defined in s. 163.3164(29); or
793 8. Implements new plans for a newly incorporated
794 municipality. Plan amendments that propose a rural land
795 stewardship area pursuant to s. 163.3177(11)(d); propose an
796 optional sector plan; update a comprehensive plan based on an
797 evaluation and appraisal report; implement new statutory
798 requirements; or new plans for newly incorporated municipalities
799 are subject to state review as set forth in s. 163.3184.
800 (d) Alternative review Pilot program jurisdictions are
801 shall be subject to the frequency and timing requirements for
802 plan amendments set forth in ss. 163.3187 and 163.3191, except
803 as where otherwise stated in this section.
804 (e) The mediation and expedited hearing provisions in s.
805 163.3189(3) apply to all plan amendments adopted by alternative
806 review the pilot program jurisdictions.
807 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
808 PILOT PROGRAM.—
809 (a) The local government shall hold its first public
810 hearing on a comprehensive plan amendment on a weekday at least
811 7 days after the day the first advertisement is published
812 pursuant to the requirements of chapter 125 or chapter 166. Upon
813 an affirmative vote of not less than a majority of the members
814 of the governing body present at the hearing, the local
815 government shall immediately transmit the amendment or
816 amendments and appropriate supporting data and analyses to the
817 state land planning agency; the appropriate regional planning
818 council and water management district; the Department of
819 Environmental Protection; the Department of State; the
820 Department of Transportation; in the case of municipal plans, to
821 the appropriate county; the Fish and Wildlife Conservation
822 Commission; the Department of Agriculture and Consumer Services;
823 and in the case of amendments that include or impact the public
824 school facilities element, the Office of Educational Facilities
825 of the Commissioner of Education. The local governing body shall
826 also transmit a copy of the amendments and supporting data and
827 analyses to any other local government or governmental agency
828 that has filed a written request with the governing body. The
829 local government may request that the state land planning agency
830 issue a report containing its objections, recommendations, and
831 comments on the amendments and supporting data and analyses. A
832 local government that makes such request must notify all of the
833 agencies and local governments listed in this paragraph of the
834 request.
835 (b) The agencies and local governments specified in
836 paragraph (a) may provide comments regarding the amendment or
837 amendments to the local government. The regional planning
838 council review and comment shall be limited to effects on
839 regional resources or facilities identified in the strategic
840 regional policy plan and extrajurisdictional impacts that would
841 be inconsistent with the comprehensive plan of the affected
842 local government. A regional planning council shall not review
843 and comment on a proposed comprehensive plan amendment prepared
844 by such council unless the plan amendment has been changed by
845 the local government subsequent to the preparation of the plan
846 amendment by the regional planning council. County comments on
847 municipal comprehensive plan amendments shall be primarily in
848 the context of the relationship and effect of the proposed plan
849 amendments on the county plan. Municipal comments on county plan
850 amendments shall be primarily in the context of the relationship
851 and effect of the amendments on the municipal plan. State agency
852 comments may include technical guidance on issues of agency
853 jurisdiction as it relates to the requirements of this part.
854 Such comments must shall clearly identify issues that, if not
855 resolved, may result in a an agency challenge to the plan
856 amendment from the state land planning agency. For the purposes
857 of this pilot program, Agencies are encouraged to focus
858 potential challenges on issues of regional or statewide
859 importance. Agencies and local governments must transmit their
860 comments to the affected local government, if issued, within 30
861 days after such that they are received by the local government
862 not later than thirty days from the date on which the state land
863 planning agency notifies the affected local government that the
864 plan amendment package is complete or government received the
865 amendment or amendments. Any comments from the agencies and
866 local governments must also be transmitted to the state land
867 planning agency. If the local government requested a report from
868 the state planning agency listing objections, recommendations,
869 and comments, the state planning agency has 15 days after
870 receiving all of the comments from the agencies and local
871 governments to issue the report.
872 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR
873 ALTERNATIVE REVIEW JURISDICTIONS PILOT AREAS.—
874 (a) The local government shall hold its second public
875 hearing, which shall be a hearing on whether to adopt one or
876 more comprehensive plan amendments, on a weekday at least 5 days
877 after the day the second advertisement is published pursuant to
878 the requirements of chapter 125 or chapter 166. Adoption of
879 comprehensive plan amendments must be by ordinance and requires
880 an affirmative vote of a majority of the members of the
881 governing body present at the second hearing. The hearing must
882 be conducted and the amendment must be adopted, adopted with
883 changes, or not adopted within 120 days after the agency
884 comments are received pursuant to paragraph (4)(b). If a local
885 government fails to adopt the plan amendment within the
886 timeframe set forth in this paragraph, the plan amendment is
887 deemed abandoned and the plan amendment may not be considered
888 until the next available amendment cycle pursuant to s.
889 163.3187.
890 (b) All comprehensive plan amendments adopted by the
891 governing body along with the supporting data and analysis shall
892 be transmitted within 10 days of the second public hearing to
893 the state land planning agency and any other agency or local
894 government that provided timely comments under paragraph (4)(b).
895 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR
896 ALTERNATIVE REVIEW JURISDICTIONS PILOT PROGRAM.—
897 (a) Any “affected person” as defined in s. 163.3184(1)(a)
898 may file a petition with the Division of Administrative Hearings
899 pursuant to ss. 120.569 and 120.57, with a copy served on the
900 affected local government, to request a formal hearing to
901 challenge whether the amendments are “in compliance” as defined
902 in s. 163.3184(1)(b). This petition must be filed with the
903 Division within 30 days after the local government adopts the
904 amendment. The state land planning agency may intervene in a
905 proceeding instituted by an affected person.
906 (b) The state land planning agency may file a petition with
907 the Division of Administrative Hearings pursuant to ss. 120.569
908 and 120.57, with a copy served on the affected local government,
909 to request a formal hearing. This petition must be filed with
910 the Division within 30 days after the state land planning agency
911 notifies the local government that the plan amendment package is
912 complete. For purposes of this section, an amendment shall be
913 deemed complete if it contains a full, executed copy of the
914 adoption ordinance or ordinances; in the case of a text
915 amendment, a full copy of the amended language in legislative
916 format with new words inserted in the text underlined, and words
917 to be deleted lined through with hyphens; in the case of a
918 future land use map amendment, a copy of the future land use map
919 clearly depicting the parcel, its existing future land use
920 designation, and its adopted designation; and a copy of any data
921 and analyses the local government deems appropriate. The state
922 land planning agency shall notify the local government of any
923 deficiencies within 5 working days of receipt of an amendment
924 package.
925 (c) The state land planning agency’s challenge shall be
926 limited to those issues raised in the comments provided by the
927 reviewing agencies pursuant to paragraph (4)(b) or, if issued,
928 the objections, recommendations, and comments report. The state
929 land planning agency may challenge a plan amendment that has
930 substantially changed from the version on which the agencies
931 provided comments. For alternative review jurisdictions the
932 purposes of this pilot program, the Legislature strongly
933 encourages the state land planning agency to focus any challenge
934 on issues of regional or statewide importance.
935 (d) An administrative law judge shall hold a hearing in the
936 affected local jurisdiction. The local government’s
937 determination that the amendment is “in compliance” is presumed
938 to be correct and shall be sustained unless it is shown by a
939 preponderance of the evidence that the amendment is not “in
940 compliance.”
941 (e) If the administrative law judge recommends that the
942 amendment be found not in compliance, the judge shall submit the
943 recommended order to the Administration Commission for final
944 agency action. The Administration Commission shall enter a final
945 order within 45 days after its receipt of the recommended order.
946 (f) If the administrative law judge recommends that the
947 amendment be found in compliance, the judge shall submit the
948 recommended order to the state land planning agency.
949 1. If the state land planning agency determines that the
950 plan amendment should be found not in compliance, the agency
951 shall refer, within 30 days of receipt of the recommended order,
952 the recommended order and its determination to the
953 Administration Commission for final agency action. If the
954 commission determines that the amendment is not in compliance,
955 it may sanction the local government as set forth in s.
956 163.3184(11).
957 2. If the state land planning agency determines that the
958 plan amendment should be found in compliance, the agency shall
959 enter its final order not later than 30 days from receipt of the
960 recommended order.
961 (g) An amendment adopted under the expedited provisions of
962 this section shall not become effective until the completion of
963 the time period available to the state land planning agency for
964 administrative challenge under paragraph (a) 31 days after
965 adoption. If timely challenged, an amendment shall not become
966 effective until the state land planning agency or the
967 Administration Commission enters a final order determining that
968 the adopted amendment is to be in compliance.
969 (h) Parties to a proceeding under this section may enter
970 into compliance agreements using the process in s. 163.3184(16).
971 Any remedial amendment adopted pursuant to a settlement
972 agreement shall be provided to the agencies and governments
973 listed in paragraph (4)(a).
974 (7) APPLICABILITY OF ALTERNATIVE REVIEW PILOT PROGRAM IN
975 CERTAIN LOCAL GOVERNMENTS.—Local governments and specific areas
976 that are have been designated for alternate review process
977 pursuant to ss. 163.3246 and 163.3184(17) and (18) are not
978 subject to this section.
979 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—The state land
980 planning agency may adopt procedural Agencies shall not
981 promulgate rules to administer implement this section pilot
982 program.
983 (9) REPORT.—The Office of Program Policy Analysis and
984 Government Accountability shall submit to the Governor, the
985 President of the Senate, and the Speaker of the House of
986 Representatives by December 1, 2008, a report and
987 recommendations for implementing a statewide program that
988 addresses the legislative findings in subsection (1) in areas
989 that meet urban criteria. The Office of Program Policy Analysis
990 and Government Accountability in consultation with the state
991 land planning agency shall develop the report and
992 recommendations with input from other state and regional
993 agencies, local governments, and interest groups. Additionally,
994 the office shall review local and state actions and
995 correspondence relating to the pilot program to identify issues
996 of process and substance in recommending changes to the pilot
997 program. At a minimum, the report and recommendations shall
998 include the following:
999 (a) Identification of local governments beyond those
1000 participating in the pilot program that should be subject to the
1001 alternative expedited state review process. The report may
1002 recommend that pilot program local governments may no longer be
1003 appropriate for such alternative review process.
1004 (b) Changes to the alternative expedited state review
1005 process for local comprehensive plan amendments identified in
1006 the pilot program.
1007 (c) Criteria for determining issues of regional or
1008 statewide importance that are to be protected in the alternative
1009 state review process.
1010 (d) In preparing the report and recommendations, the Office
1011 of Program Policy Analysis and Government Accountability shall
1012 consult with the state land planning agency, the Department of
1013 Transportation, the Department of Environmental Protection, and
1014 the regional planning agencies in identifying highly developed
1015 local governments to participate in the alternative expedited
1016 state review process. The Office of Program Policy Analysis and
1017 Governmental Accountability shall also solicit citizen input in
1018 the potentially affected areas and consult with the affected
1019 local governments and stakeholder groups.
1020 Section 9. Subsection (29) is added to section 380.06,
1021 Florida Statutes, to read:
1022 380.06 Developments of regional impact.—
1023 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.–
1024 (a) The following are exempt from this section:
1025 1. Any proposed development in a municipality that
1026 qualifies as a dense urban land area as defined in s.
1027 163.3164(34);
1028 2. Any proposed development within a county that qualifies
1029 as a dense urban land area as defined in s. 163.3164(34) and
1030 that is located within an urban service area defined s.
1031 163.3164(29) which has been adopted into the comprehensive plan;
1032 or
1033 3. Any proposed development within a county, including the
1034 municipalities located therein, which has a population of at
1035 least 900,000, which qualifies as a dense urban land area under
1036 s. 163.3164(34), but which does not have an urban service area
1037 designated in the comprehensive plan.
1038 (b) If a municipality that does not qualify as a dense
1039 urban land area pursuant to s. 163.3164(34) designates any of
1040 the following areas in its comprehensive plan, any proposed
1041 development within the designated area is exempt from the
1042 development-of-regional-impact process:
1043 1. Urban infill as defined in s. 163.3164(27);
1044 2. Community redevelopment areas as defined in s.
1045 163.340(10);
1046 3. Downtown revitalization areas as defined in s.
1047 163.3164(25);
1048 4. Urban infill and redevelopment under s. 163.2517; or
1049 5. Urban service areas as defined in s. 163.3164(29) or
1050 areas within a designated urban service boundary under s.
1051 163.3177(14).
1052 (c) If a county that does not qualify as a dense urban land
1053 area pursuant to s. 163.3164(34) designates any of the following
1054 areas in its comprehensive plan, any proposed development within
1055 the designated area is exempt from the development-of-regional
1056 impact process:
1057 1. Urban infill as defined in s. 163.3164(27);
1058 2. Urban infill and redevelopment under s. 163.2517; or
1059 3. Urban service areas as defined in s. 163.3164(29).
1060 (d) A development that is located partially outside an area
1061 that is exempt from the development-of-regional-impact program
1062 must undergo development-of-regional-impact review pursuant to
1063 this section.
1064 (e) In an area that is exempt under paragraphs (a)-(c), any
1065 previously approved development-of-regional-impact development
1066 orders shall continue to be effective, but the developer has the
1067 option to be governed by s. 380.115(1). A pending application
1068 for development approval shall be governed by s. 380.115(2). A
1069 development that has a pending application for a comprehensive
1070 plan amendment and that elects not to continue development-of
1071 regional-impact review is exempt from the limitation on plan
1072 amendments set forth in s. 163.3187(1) for the year following
1073 the effective date of the exemption.
1074 (f) Local governments must submit by mail a development
1075 order to the state land planning agency for projects that would
1076 be larger than 120 percent of any applicable development-of
1077 regional-impact threshold and would require development-of
1078 regional-impact review but for the exemption from the program
1079 under paragraph (a). For such development orders, the state land
1080 planning agency may appeal the development order pursuant to s.
1081 380.07 for inconsistency with the comprehensive plan adopted
1082 under chapter 163.
1083 (g) If a local government that qualifies as a dense urban
1084 land area under this subsection is subsequently found to be
1085 ineligible for designation as a dense urban land area, any
1086 development located within that area which has a complete,
1087 pending application for authorization to commence development
1088 may maintain the exemption if the developer is continuing the
1089 application process in good faith or the development is
1090 approved.
1091 (h) This subsection does not limit or modify the rights of
1092 any person to complete any development that has been authorized
1093 as a development of regional impact pursuant to this chapter.
1094 (i) This subsection does not apply to areas:
1095 1. Within the boundary of any area of critical state
1096 concern designated pursuant to s. 380.05;
1097 2. Within the boundary of the Wekiva Study Area as
1098 described in s. 369.316; or
1099 3. Within 2 miles of the boundary of the Everglades
1100 Protection Area as described in s. 373.4592(2).
1101 Section 10. Paragraph (d) of subsection (3) of section
1102 163.31801, Florida Statutes, is amended to read:
1103 163.31801 Impact fees; short title; intent; definitions;
1104 ordinances levying impact fees.—
1105 (3) An impact fee adopted by ordinance of a county or
1106 municipality or by resolution of a special district must, at
1107 minimum:
1108 (d) Require that notice be provided no less than 90 days
1109 before the effective date of an ordinance or resolution imposing
1110 a new or increased amended impact fee. A county or municipality
1111 is not required to wait 90 days to decrease, suspend, or
1112 eliminate an impact fee.
1113 Section 11. Section 171.091, Florida Statutes, is amended
1114 to read:
1115 171.091 Recording.—Any change in the municipal boundaries
1116 through annexation or contraction shall revise the charter
1117 boundary article and shall be filed as a revision of the charter
1118 with the Department of State within 30 days. A copy of such
1119 revision must be submitted to the Office of Economic and
1120 Demographic Research along with a statement specifying the
1121 population census effect and the affected land area.
1122 Section 12. Section 186.509, Florida Statutes, is amended
1123 to read:
1124 186.509 Dispute resolution process.—Each regional planning
1125 council shall establish by rule a dispute resolution process to
1126 reconcile differences on planning and growth management issues
1127 between local governments, regional agencies, and private
1128 interests. The dispute resolution process shall, within a
1129 reasonable set of timeframes, provide for: voluntary meetings
1130 among the disputing parties; if those meetings fail to resolve
1131 the dispute, initiation of mandatory voluntary mediation or a
1132 similar process; if that process fails, initiation of
1133 arbitration or administrative or judicial action, where
1134 appropriate. The council shall not utilize the dispute
1135 resolution process to address disputes involving environmental
1136 permits or other regulatory matters unless requested to do so by
1137 the parties. The resolution of any issue through the dispute
1138 resolution process shall not alter any person’s right to a
1139 judicial determination of any issue if that person is entitled
1140 to such a determination under statutory or common law.
1141 Section 13. The Legislature finds that this act fulfills an
1142 important state interest.
1143 Section 14. This act shall take effect upon becoming a law.