Florida Senate - 2009          (Corrected Copy)    CS for SB 362
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-04366A-09                                          2009362c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3164, F.S.; redefining the term “existing urban
    4         service area” as “urban service area”; defining the
    5         term “dense urban land area”; requiring the Office of
    6         Economic and Demographic Research to annually
    7         calculate the population and density criteria needed
    8         to determine which jurisdictions qualify as dense
    9         urban land areas; providing for the use of certain
   10         data and certain boundaries for such determination;
   11         requiring the Office of Economic and Demographic
   12         Research to submit to the state land planning agency
   13         the list of jurisdictions that meet certain criteria
   14         by a specified date; requiring the state land planning
   15         agency to publish such list; amending s. 163.3177,
   16         F.S.; authorizing the state land planning agency to
   17         allow for a projected 5-year capital outlay full-time
   18         equivalent student growth rate to exceed certain
   19         percent under certain circumstances; amending s.
   20         163.3180, F.S.; revising concurrency requirements;
   21         revising legislative findings; providing for the
   22         applicability of transportation concurrency exception
   23         areas; deleting certain requirements for
   24         transportation concurrency exception areas; requiring
   25         that a local government that has certain
   26         transportation concurrency exception area adopt land
   27         use and transportation strategies within a specified
   28         timeframe; requiring the state land planning agency to
   29         submit certain finding to the Administration
   30         Commission; providing that the designation of a
   31         transportation concurrency exception area does not
   32         limit a local government’s home rule power to adopt
   33         ordinances or impose fees and does not affect any
   34         contract or agreement entered into or development
   35         order rendered before such designation; requiring that
   36         the Office of Program Policy Analysis and Government
   37         Accountability submit a report to the Legislature by a
   38         specified date; requiring that the report contain
   39         certain information relating to transportation
   40         concurrency exception areas; providing for an
   41         exemption from level-of-service standards for proposed
   42         development related to qualified job creation
   43         projects; revising provisions relating to school
   44         concurrency requirements; requiring that charter
   45         schools be considered as a mitigation option under
   46         certain circumstances; creating s. 163.31802, F.S.;
   47         prohibiting the establishment of local security
   48         standards requiring businesses to expend funds to
   49         enhance local governmental services or functions under
   50         certain circumstances; providing an exception;
   51         amending s. 171.091, F.S.; requiring that a
   52         municipality submit a copy of any revision to the
   53         charter boundary article which results from an
   54         annexation or contraction to the Office of Economic
   55         and Demographic Research; providing legislative
   56         findings and determinations relating to replacing the
   57         transportation concurrency system with a mobility fee
   58         system; requiring that the state land planning agency
   59         and the Department of Transportation develop a
   60         methodology for a mobility fee system; requiring that
   61         the state land planning agency and the department
   62         submit joint reports to the Legislature by a specified
   63         date; extending certain permits, orders, or
   64         applications that are due to expire on or before
   65         September 1, 2011; providing for application of the
   66         extension to certain related activities; providing
   67         exceptions; providing a declaration of important state
   68         interest; providing an effective date.
   69  
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Subsection (29) of section 163.3164, Florida
   73  Statutes, is amended, and subsection (34) is added to that
   74  section, to read:
   75         163.3164 Local Government Comprehensive Planning and Land
   76  Development Regulation Act; definitions.—As used in this act:
   77         (29) “Existing Urban service area” means built-up areas
   78  where public facilities and services, including, but not limited
   79  to, central water and sewer such as sewage treatment systems,
   80  roads, schools, and recreation areas, are already in place. In
   81  addition, for counties that qualify as dense urban land areas
   82  under subsection (34), the nonrural area of a county, which has
   83  adopted into the county charter a rural area designation or
   84  areas identified in the comprehensive plan as urban service
   85  areas or urban growth boundaries on or before July 1, 2009, are
   86  also urban service areas under this definition.
   87         (34)“Dense urban land area” means:
   88         (a)A municipality that has an average of at least 1,000
   89  people per square mile of land area and a minimum total
   90  population of at least 5,000;
   91         (b)A county, including the municipalities located therein,
   92  which has an average of at least 1,000 people per square mile of
   93  land area; or
   94         (c)A county, including the municipalities located therein,
   95  which has a population of at least 1 million.
   96  
   97  The Office of Economic and Demographic Research within the
   98  Legislature shall annually calculate the population and density
   99  criteria needed to determine which jurisdictions qualify as
  100  dense urban land areas by using the most recent land area data
  101  from the decennial census conducted by the Bureau of the Census
  102  of the United States Department of Commerce and the latest
  103  available population estimates determined pursuant to s.
  104  186.901. If any local government has had an annexation,
  105  contraction, or new incorporation, the Office of Economic and
  106  Demographic Research shall determine the population density
  107  using the new jurisdictional boundaries as recorded in
  108  accordance with s. 171.091. The Office of Economic and
  109  Demographic Research shall submit to the state land planning
  110  agency a list of jurisdictions that meet the total population
  111  and density criteria necessary for designation as a dense urban
  112  land area by July 1, 2009, and every year thereafter. The state
  113  land planning agency shall publish the list of jurisdictions on
  114  its Internet website within 7 days after the list is received.
  115  The designation of jurisdictions that qualify or do not qualify
  116  as a dense urban land area is effective upon publication on the
  117  state land planning agency’s Internet website.
  118         Section 2. Paragraph (a) of subsection (12) of section
  119  163.3177, Florida Statutes, is amended to read:
  120         163.3177 Required and optional elements of comprehensive
  121  plan; studies and surveys.—
  122         (12) A public school facilities element adopted to
  123  implement a school concurrency program shall meet the
  124  requirements of this subsection. Each county and each
  125  municipality within the county, unless exempt or subject to a
  126  waiver, must adopt a public school facilities element that is
  127  consistent with those adopted by the other local governments
  128  within the county and enter the interlocal agreement pursuant to
  129  s. 163.31777.
  130         (a) The state land planning agency may provide a waiver to
  131  a county and to the municipalities within the county if the
  132  capacity rate for all schools within the school district is no
  133  greater than 100 percent and the projected 5-year capital outlay
  134  full-time equivalent student growth rate is less than 10
  135  percent. The state land planning agency may allow for a
  136  projected 5-year capital outlay full-time equivalent student
  137  growth rate to exceed 10 percent when the projected 10-year
  138  capital outlay full-time equivalent student enrollment is fewer
  139  than 2,000 students and the capacity rate for all schools within
  140  the school district in the 10th year will not exceed the 100
  141  percent limitation. The state land planning agency may allow for
  142  a single school to exceed the 100-percent limitation if it can
  143  be demonstrated that the capacity rate for that single school is
  144  not greater than 105 percent. In making this determination, the
  145  state land planning agency shall consider the following
  146  criteria:
  147         1. Whether the exceedance is due to temporary
  148  circumstances;
  149         2. Whether the projected 5-year capital outlay full time
  150  equivalent student growth rate for the school district is
  151  approaching the 10-percent threshold;
  152         3. Whether one or more additional schools within the school
  153  district are at or approaching the 100-percent threshold; and
  154         4. The adequacy of the data and analysis submitted to
  155  support the waiver request.
  156         Section 3. Subsections (5) and (10) and paragraph (e) of
  157  subsection (13) of section 163.3180, Florida Statutes, are
  158  amended to read:
  159         163.3180 Concurrency.—
  160         (5)(a) The Legislature finds that under limited
  161  circumstances dealing with transportation facilities,
  162  countervailing planning and public policy goals may come into
  163  conflict with the requirement that adequate public
  164  transportation facilities and services be available concurrent
  165  with the impacts of such development. The Legislature further
  166  finds that often the unintended result of the concurrency
  167  requirement for transportation facilities is often the
  168  discouragement of urban infill development and redevelopment.
  169  Such unintended results directly conflict with the goals and
  170  policies of the state comprehensive plan and the intent of this
  171  part. The Legislature also finds that in urban centers,
  172  transportation cannot be effectively managed and mobility cannot
  173  be improved solely through the expansion of roadway capacity,
  174  that the expansion of roadway capacity is not always physically
  175  or financially possible, and that a range of transportation
  176  alternatives are essential to satisfy mobility needs, reduce
  177  congestion, and achieve healthy, vibrant centers. Therefore,
  178  exceptions from the concurrency requirement for transportation
  179  facilities may be granted as provided by this subsection.
  180         (b)1.The following are transportation concurrency
  181  exception areas:
  182         a.A municipality that qualifies as a dense urban land area
  183  under s. 163.3164(34);
  184         b.An urban service area under s. 163.3164(29) which has
  185  been adopted into the local comprehensive plan and is located
  186  within a county that qualifies as a dense urban land area under
  187  s. 163.3164(34), except limited urban service areas are not
  188  included as an urban service area unless the parcel is defined
  189  as 163.3164(33); and
  190         c.A county, including the municipalities located therein,
  191  which has a population of at least 900,000 and qualifies as a
  192  dense urban land area under s. 163.3164(34), but does not have
  193  an urban service area designated in the local comprehensive
  194  plan.
  195         2.A municipality that does not qualify as a dense urban
  196  land area pursuant to s. 163.3164(34) may designate in its local
  197  comprehensive plan the following areas as transportation
  198  concurrency exception areas:
  199         a.Urban infill as defined in s. 163.3164(27);
  200         b.Community redevelopment areas as defined in s.
  201  163.340(10);
  202         c.Downtown revitalization areas as defined in s.
  203  163.3164(25);
  204         d.Urban infill and redevelopment under s. 163.2517; or
  205         e.Urban service areas as defined in s. 163.3164(29) or
  206  areas within a designated urban service boundary under s.
  207  163.3177(14).
  208         3.A county that does not qualify as a dense urban land
  209  area pursuant to s. 163.3164(34) may designate in its local
  210  comprehensive plan the following areas as transportation
  211  concurrency exception areas:
  212         a.Urban infill as defined in s. 163.3164(27);
  213         b.Urban infill and redevelopment under s. 163.2517; or
  214         c.Urban service areas as defined in s. 163.3164(29).
  215         4.A local government that has a transportation concurrency
  216  exception area designated pursuant to subparagraph 1.,
  217  subparagraph 2., or subparagraph 3. must, within 2 years after
  218  the designated area becomes exempt, adopt into its local
  219  comprehensive plan land use and transportation strategies to
  220  support and fund mobility within the exception area, including
  221  alternative modes of transportation. Local governments are
  222  encouraged to adopt complementary land use and transportation
  223  strategies that reflect the region’s shared vision for its
  224  future. If the state land planning agency finds insufficient
  225  cause for the local government’s failure to adopt into its
  226  comprehensive plan land use and transportation strategies to
  227  support and fund mobility within the designated exception area
  228  after 2 years, the agency shall submit the finding to the
  229  Administration Commission, which may impose any of the sanctions
  230  set forth in s. 163.3184(11)(a) and (b) against the local
  231  government.
  232         5.Transportation concurrency exception areas designated
  233  under subparagraph 1., subparagraph 2., or subparagraph 3. do
  234  not apply to designated transportation concurrency districts
  235  located within a county that has a population of at least 1.5
  236  million, has implemented and uses a transportation-related
  237  concurrency assessment to support alternative modes of
  238  transportation, including, but not limited to, mass transit, and
  239  does not levy transportation impact fees within the concurrency
  240  district.
  241         6. A local government that does not have a transportation
  242  concurrency exception area designated pursuant to subparagraph
  243  1., subparagraph 2., or subparagraph 3. may grant an exception
  244  from the concurrency requirement for transportation facilities
  245  if the proposed development is otherwise consistent with the
  246  adopted local government comprehensive plan and is a project
  247  that promotes public transportation or is located within an area
  248  designated in the comprehensive plan for:
  249         a.1. Urban infill development;
  250         b.2. Urban redevelopment;
  251         c.3. Downtown revitalization;
  252         d.4. Urban infill and redevelopment under s. 163.2517; or
  253         e.5. An urban service area specifically designated as a
  254  transportation concurrency exception area which includes lands
  255  appropriate for compact, contiguous urban development, which
  256  does not exceed the amount of land needed to accommodate the
  257  projected population growth at densities consistent with the
  258  adopted comprehensive plan within the 10-year planning period,
  259  and which is served or is planned to be served with public
  260  facilities and services as provided by the capital improvements
  261  element.
  262         (c) The Legislature also finds that developments located
  263  within urban infill, urban redevelopment, existing urban
  264  service, or downtown revitalization areas or areas designated as
  265  urban infill and redevelopment areas under s. 163.2517, which
  266  pose only special part-time demands on the transportation
  267  system, are exempt should be excepted from the concurrency
  268  requirement for transportation facilities. A special part-time
  269  demand is one that does not have more than 200 scheduled events
  270  during any calendar year and does not affect the 100 highest
  271  traffic volume hours.
  272         (d) Except for transportation concurrency exception areas
  273  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
  274  or subparagraph (b)3., the following requirements apply: A local
  275  government shall establish guidelines in the comprehensive plan
  276  for granting the exceptions authorized in paragraphs (b) and (c)
  277  and subsections (7) and (15) which must be consistent with and
  278  support a comprehensive strategy adopted in the plan to promote
  279  the purpose of the exceptions.
  280         1.(e) The local government shall both adopt into the
  281  comprehensive plan and implement long-term strategies to support
  282  and fund mobility within the designated exception area,
  283  including alternative modes of transportation. The plan
  284  amendment must also demonstrate how strategies will support the
  285  purpose of the exception and how mobility within the designated
  286  exception area will be provided.
  287         2.In addition, The strategies must address urban design;
  288  appropriate land use mixes, including intensity and density; and
  289  network connectivity plans needed to promote urban infill,
  290  redevelopment, or downtown revitalization. The comprehensive
  291  plan amendment designating the concurrency exception area must
  292  be accompanied by data and analysis justifying the size of the
  293  area.
  294         (e)(f)Before designating Prior to the designation of a
  295  concurrency exception area pursuant to subparagraph (b)6., the
  296  state land planning agency and the Department of Transportation
  297  shall be consulted by the local government to assess the impact
  298  that the proposed exception area is expected to have on the
  299  adopted level-of-service standards established for regional
  300  transportation facilities identified pursuant to s. 186.507,
  301  including the Strategic Intermodal System facilities, as defined
  302  in s. 339.64, and roadway facilities funded in accordance with
  303  s. 339.2819. Further, the local government shall provide a plan
  304  for the mitigation of, in consultation with the state land
  305  planning agency and the Department of Transportation, develop a
  306  plan to mitigate any impacts to the Strategic Intermodal System,
  307  including, if appropriate, access management, parallel reliever
  308  roads, transportation demand management, and other measures the
  309  development of a long-term concurrency management system
  310  pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
  311  may be available only within the specific geographic area of the
  312  jurisdiction designated in the plan. Pursuant to s. 163.3184,
  313  any affected person may challenge a plan amendment establishing
  314  these guidelines and the areas within which an exception could
  315  be granted.
  316         (g)Transportation concurrency exception areas existing
  317  prior to July 1, 2005, must, at a minimum, meet the provisions
  318  of this section by July 1, 2006, or at the time of the
  319  comprehensive plan update pursuant to the evaluation and
  320  appraisal report, whichever occurs last.
  321         (f)The designation of a transportation concurrency
  322  exception area does not limit a local government’s home rule
  323  power to adopt ordinances or impose fees. This subsection does
  324  not affect any contract or agreement entered into or development
  325  order rendered before the creation of the transportation
  326  concurrency exception area.
  327         (g)The Office of Program Policy Analysis and Government
  328  Accountability shall submit to the President of the Senate and
  329  the Speaker of the House of Representatives by February 1, 2015,
  330  a report on transportation concurrency exception areas created
  331  pursuant to this subsection. At a minimum, the report must
  332  address the methods that local governments have used to
  333  implement and fund transportation strategies to achieve the
  334  purposes of designated transportation concurrency exception
  335  area; the effects of the strategies on mobility, congestion,
  336  urban design; the density and intensity of land use mixes; and
  337  the network connectivity plans used to promote urban infill,
  338  redevelopment, or downtown revitalization.
  339         (10) Except in transportation concurrency exception areas,
  340  with regard to roadway facilities on the Strategic Intermodal
  341  System designated in accordance with s. 339.63 ss. 339.61,
  342  339.62, 339.63, and 339.64, the Florida Intrastate Highway
  343  System as defined in s. 338.001, and roadway facilities funded
  344  in accordance with s. 339.2819, local governments shall adopt
  345  the level-of-service standard established by the Department of
  346  Transportation by rule. However, if the Office of Tourism,
  347  Trade, and Economic Development concurs in writing with the
  348  local government that the proposed development is for a
  349  qualified job creation project under s. 288.0656 or s. 403.973,
  350  the affected local government, after consulting with the
  351  Department of Transportation, may allow for a waiver of
  352  transportation concurrency for the project. For all other roads
  353  on the State Highway System, local governments shall establish
  354  an adequate level-of-service standard that need not be
  355  consistent with any level-of-service standard established by the
  356  Department of Transportation. In establishing adequate level-of
  357  service standards for any arterial roads, or collector roads as
  358  appropriate, which traverse multiple jurisdictions, local
  359  governments shall consider compatibility with the roadway
  360  facility’s adopted level-of-service standards in adjacent
  361  jurisdictions. Each local government within a county shall use a
  362  professionally accepted methodology for measuring impacts on
  363  transportation facilities for the purposes of implementing its
  364  concurrency management system. Counties are encouraged to
  365  coordinate with adjacent counties, and local governments within
  366  a county are encouraged to coordinate, for the purpose of using
  367  common methodologies for measuring impacts on transportation
  368  facilities for the purpose of implementing their concurrency
  369  management systems.
  370         (13) School concurrency shall be established on a
  371  districtwide basis and shall include all public schools in the
  372  district and all portions of the district, whether located in a
  373  municipality or an unincorporated area unless exempt from the
  374  public school facilities element pursuant to s. 163.3177(12).
  375  The application of school concurrency to development shall be
  376  based upon the adopted comprehensive plan, as amended. All local
  377  governments within a county, except as provided in paragraph
  378  (f), shall adopt and transmit to the state land planning agency
  379  the necessary plan amendments, along with the interlocal
  380  agreement, for a compliance review pursuant to s. 163.3184(7)
  381  and (8). The minimum requirements for school concurrency are the
  382  following:
  383         (e) Availability standard.—Consistent with the public
  384  welfare, a local government may not deny an application for site
  385  plan, final subdivision approval, or the functional equivalent
  386  for a development or phase of a development authorizing
  387  residential development for failure to achieve and maintain the
  388  level-of-service standard for public school capacity in a local
  389  school concurrency management system where adequate school
  390  facilities will be in place or under actual construction within
  391  3 years after the issuance of final subdivision or site plan
  392  approval, or the functional equivalent. School concurrency is
  393  satisfied if the developer executes a legally binding commitment
  394  to provide mitigation proportionate to the demand for public
  395  school facilities to be created by actual development of the
  396  property, including, but not limited to, the options described
  397  in subparagraph 1. Options for proportionate-share mitigation of
  398  impacts on public school facilities must be established in the
  399  public school facilities element and the interlocal agreement
  400  pursuant to s. 163.31777.
  401         1. Appropriate mitigation options include the contribution
  402  of land; the construction, expansion, or payment for land
  403  acquisition or construction of a public school facility; the
  404  construction of a charter school that complies with the
  405  requirements of s. 1002.33(18)(f); or the creation of mitigation
  406  banking based on the construction of a public school facility in
  407  exchange for the right to sell capacity credits. Such options
  408  must include execution by the applicant and the local government
  409  of a development agreement that constitutes a legally binding
  410  commitment to pay proportionate-share mitigation for the
  411  additional residential units approved by the local government in
  412  a development order and actually developed on the property,
  413  taking into account residential density allowed on the property
  414  prior to the plan amendment that increased the overall
  415  residential density. The district school board must be a party
  416  to such an agreement. As a condition of its entry into such a
  417  development agreement, the local government may require the
  418  landowner to agree to continuing renewal of the agreement upon
  419  its expiration.
  420         2. If the education facilities plan and the public
  421  educational facilities element authorize a contribution of land;
  422  the construction, expansion, or payment for land acquisition; or
  423  the construction or expansion of a public school facility, or a
  424  portion thereof; or the construction of a charter school that
  425  complies with the requirements of s. 1002.33(18)(f), as
  426  proportionate-share mitigation, the local government shall
  427  credit such a contribution, construction, expansion, or payment
  428  toward any other impact fee or exaction imposed by local
  429  ordinance for the same need, on a dollar-for-dollar basis at
  430  fair market value.
  431         3. Any proportionate-share mitigation must be directed by
  432  the school board toward a school capacity improvement identified
  433  in a financially feasible 5-year district work plan that
  434  satisfies the demands created by the development in accordance
  435  with a binding developer’s agreement.
  436         4. If a development is precluded from commencing because
  437  there is inadequate classroom capacity to mitigate the impacts
  438  of the development, the development may nevertheless commence if
  439  there are accelerated facilities in an approved capital
  440  improvement element scheduled for construction in year four or
  441  later of such plan which, when built, will mitigate the proposed
  442  development, or if such accelerated facilities will be in the
  443  next annual update of the capital facilities element, the
  444  developer enters into a binding, financially guaranteed
  445  agreement with the school district to construct an accelerated
  446  facility within the first 3 years of an approved capital
  447  improvement plan, and the cost of the school facility is equal
  448  to or greater than the development’s proportionate share. When
  449  the completed school facility is conveyed to the school
  450  district, the developer shall receive impact fee credits usable
  451  within the zone where the facility is constructed or any
  452  attendance zone contiguous with or adjacent to the zone where
  453  the facility is constructed.
  454         5. This paragraph does not limit the authority of a local
  455  government to deny a development permit or its functional
  456  equivalent pursuant to its home rule regulatory powers, except
  457  as provided in this part.
  458         Section 4. Section 163.31802, Florida Statutes, is created
  459  to read:
  460         163.31802Prohibited standards for security.—A county,
  461  municipality, or other local government entity may not adopt or
  462  maintain in effect an ordinance or rule that establish standards
  463  for security devices which require a lawful business to expend
  464  funds to enhance the services or functions provided by local
  465  government unless specifically provided by general law. This
  466  section does not apply to municipalities that have a total
  467  population of 50,000 or fewer which adopted an ordinance or rule
  468  establishing standards for security devices before February 1,
  469  2009.
  470         Section 5. Section 171.091, Florida Statutes, is amended to
  471  read:
  472         171.091 Recording.—Any change in the municipal boundaries
  473  through annexation or contraction shall revise the charter
  474  boundary article and shall be filed as a revision of the charter
  475  with the Department of State within 30 days. A copy of such
  476  revision must be submitted to the Office of Economic and
  477  Demographic Research along with a statement specifying the
  478  population census effect and the affected land area.
  479         Section 6. (1)(a)The Legislature finds that the existing
  480  transportation concurrency system has not adequately addressed
  481  the transportation needs of this state in an effective,
  482  predictable, and equitable manner and is not producing a
  483  sustainable transportation system for the state. The Legislature
  484  finds that the current system is complex, inequitable, lacks
  485  uniformity among jurisdictions, is too focused on roadways to
  486  the detriment of desired land use patterns and transportation
  487  alternatives, and frequently prevents the attainment of
  488  important growth management goals.
  489         (b)The Legislature determines that the state shall
  490  evaluate and consider the implementation of a mobility fee. The
  491  mobility fee should be designed to provide for mobility needs,
  492  ensure that all development provides mitigation for its impacts
  493  on the transportation system in approximate proportionality to
  494  those impacts, fairly distribute financial burdens, and promote
  495  compact, mixed-use, and energy efficient development.
  496         (2)The state land planning agency and the Department of
  497  Transportation shall continue their current mobility fee studies
  498  and submit to the President of the Senate and the Speaker of the
  499  House of Representatives joint reports no later than December 1,
  500  2009.
  501         Section 7. (1)Except as provided in subsection (4), and in
  502  recognition of the 2009 real estate market conditions, any
  503  permit issued by the Department of Environmental Protection, any
  504  permit issued by a water management district under part IV of
  505  chapter 373, Florida Statutes, any development order issued by
  506  the Department of Community Affairs pursuant to s. 380.06,
  507  Florida Statutes, and any development order, building permit, or
  508  other land use approval issued by a local government which
  509  expired or will expire on or after September 1, 2008, but before
  510  September 1, 2011, is extended and renewed for a period of 2
  511  years after its date of expiration. For development orders and
  512  land use approvals, including, but not limited to, certificates
  513  of concurrency and development agreements, this extension also
  514  includes phase, commencement, and buildout dates, including any
  515  buildout date extension previously granted under s.
  516  380.06(19)(c), Florida Statutes. This subsection does not
  517  prohibit conversion from the construction phase to the operation
  518  phase upon completion of construction for combined construction
  519  and operation permits.
  520         (2)The completion date for any required mitigation
  521  associated with a phased construction project shall be extended
  522  and renewed so that mitigation takes place in the same timeframe
  523  relative to the phase as originally permitted.
  524         (3)The holder of an agency or district permit, or a
  525  development order, building permit, or other land use approval
  526  issued by a local government which is eligible for the 2-year
  527  extension shall notify the authorizing agency in writing no
  528  later than September 30, 2010, identifying the specific
  529  authorization for which the holder intends to use the extended
  530  or renewed permit, order, or approval.
  531         (4)The extensions and renewals provided for in subsection
  532  (1) do not apply to:
  533         (a)A permit or other authorization under any programmatic
  534  or regional general permit issued by the United States Army
  535  Corps of Engineers.
  536         (b)An agency or district permit or a development order,
  537  building permit, or other land use approval issued by a local
  538  government and held by an owner or operator determined to be in
  539  significant noncompliance with the conditions of the permit,
  540  order, or approval as established through the issuance of a
  541  warning letter or notice of violation, the initiation of formal
  542  enforcement, or other equivalent action by the authorizing
  543  agency.
  544         (5)Permits, development orders, and other land use
  545  approvals that are extended and renewed under this section shall
  546  continue to be governed by rules in effect at the time the
  547  permit, order, or approval was issued. This subsection applies
  548  to any modification of the plans, terms, and conditions of such
  549  permit, development order, or other land use approval which
  550  lessens the environmental impact, except that any such
  551  modification does not extend the permit, order, or other land
  552  use approval beyond the 2 years authorized under subsection (1).
  553         Section 8. The Legislature finds that this act fulfills an
  554  important state interest.
  555         Section 9. This act shall take effect upon becoming a law.