Florida Senate - 2009 CS for CS for SB 362
By the Committees on Transportation; and Community Affairs; and
Senator Bennett
596-04997-09 2009362c2
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.; revising the criteria for future land use
17 designations; authorizing the state land planning
18 agency to allow for a projected 5-year capital outlay
19 full-time equivalent student growth rate to exceed
20 certain percent under certain circumstances; amending
21 s. 163.3180, F.S.; revising concurrency requirements;
22 revising legislative findings; providing for the
23 applicability of transportation concurrency exception
24 areas; deleting certain requirements for
25 transportation concurrency exception areas; requiring
26 that a local government that has certain
27 transportation concurrency exception area adopt land
28 use and transportation strategies within a specified
29 timeframe; requiring the state land planning agency to
30 submit certain finding to the Administration
31 Commission; providing that the designation of a
32 transportation concurrency exception area does not
33 limit a local government’s home rule power to adopt
34 ordinances or impose fees and does not affect any
35 contract or agreement entered into or development
36 order rendered before such designation; requiring that
37 the Office of Program Policy Analysis and Government
38 Accountability submit a report to the Legislature by a
39 specified date; requiring that the report contain
40 certain information relating to transportation
41 concurrency exception areas; providing for an
42 exemption from level-of-service standards for proposed
43 development related to qualified job creation
44 projects; revising provisions relating to
45 proportionate fair-share mitigation; revising
46 provisions relating to school concurrency
47 requirements; requiring that charter schools be
48 considered as a mitigation option under certain
49 circumstances; revising the criteria for
50 proportionate-share contributions; defining the term
51 “backlog”; creating s. 163.31802, F.S.; prohibiting
52 the establishment of local security standards
53 requiring businesses to expend funds to enhance local
54 governmental services or functions under certain
55 circumstances; providing an exception; amending s.
56 163.3187, F.S.; clarifying that text amendments can be
57 made only twice a year; amending s. 163.32465, F.S.;
58 authorizing local governments to use the alternative
59 state review process to designate urban service areas;
60 providing legislative intent with respect to the
61 alternative state review pilot program; amending s.
62 171.091, F.S.; requiring that a municipality submit a
63 copy of any revision to the charter boundary article
64 which results from an annexation or contraction to the
65 Office of Economic and Demographic Research; amending
66 s. 380.06, F.S.; providing that certain exempt uses
67 that are part of a larger project that is subject to
68 development-of-regional-impact review are exempt from
69 such review under certain circumstances; providing
70 legislative findings and determinations relating to
71 replacing the transportation concurrency system with a
72 mobility fee system; requiring that the state land
73 planning agency and the Department of Transportation
74 develop a methodology for a mobility fee system;
75 requiring that the state land planning agency and the
76 department submit joint reports to the Legislature by
77 a specified date; extending certain permits, orders,
78 or applications that are due to expire on or before
79 September 1, 2011; providing for application of the
80 extension to certain related activities; providing
81 exceptions; providing a declaration of important state
82 interest; providing an effective date.
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Subsection (29) of section 163.3164, Florida
87 Statutes, is amended, and subsection (34) is added to that
88 section, to read:
89 163.3164 Local Government Comprehensive Planning and Land
90 Development Regulation Act; definitions.—As used in this act:
91 (29) “Existing Urban service area” means built-up areas
92 where public facilities and services, including, but not limited
93 to, central water and sewer such as sewage treatment systems,
94 roads, schools, and recreation areas, are already in place. In
95 addition, for counties that qualify as dense urban land areas
96 under subsection (34), the nonrural area of a county, which has
97 adopted into the county charter a rural area designation or
98 areas identified in the comprehensive plan as urban service
99 areas or urban growth boundaries on or before July 1, 2009, are
100 also urban service areas under this definition.
101 (34) “Dense urban land area” means:
102 (a) A municipality that has an average of at least 1,000
103 people per square mile of land area and a minimum total
104 population of at least 5,000;
105 (b) A county, including the municipalities located therein,
106 which has an average of at least 1,000 people per square mile of
107 land area; or
108 (c) A county, including the municipalities located therein,
109 which has a population of at least 1 million.
110
111 The Office of Economic and Demographic Research within the
112 Legislature shall annually calculate the population and density
113 criteria needed to determine which jurisdictions qualify as
114 dense urban land areas by using the most recent land area data
115 from the decennial census conducted by the Bureau of the Census
116 of the United States Department of Commerce and the latest
117 available population estimates determined pursuant to s.
118 186.901. If any local government has had an annexation,
119 contraction, or new incorporation, the Office of Economic and
120 Demographic Research shall determine the population density
121 using the new jurisdictional boundaries as recorded in
122 accordance with s. 171.091. The Office of Economic and
123 Demographic Research shall submit to the state land planning
124 agency a list of jurisdictions that meet the total population
125 and density criteria necessary for designation as a dense urban
126 land area by July 1, 2009, and every year thereafter. The state
127 land planning agency shall publish the list of jurisdictions on
128 its Internet website within 7 days after the list is received.
129 The designation of jurisdictions that qualify or do not qualify
130 as a dense urban land area is effective upon publication on the
131 state land planning agency’s Internet website.
132 Section 2. Paragraph (a) of subsection (6) and paragraph
133 (a) of subsection (12) of section 163.3177, Florida Statutes,
134 are amended to read:
135 163.3177 Required and optional elements of comprehensive
136 plan; studies and surveys.—
137 (6) In addition to the requirements of subsections (1)-(5)
138 and (12), the comprehensive plan shall include the following
139 elements:
140 (a) A future land use plan element designating proposed
141 future general distribution, location, and extent of the uses of
142 land for residential uses, commercial uses, industry,
143 agriculture, recreation, conservation, education, public
144 buildings and grounds, other public facilities, and other
145 categories of the public and private uses of land. Counties are
146 encouraged to designate rural land stewardship areas, pursuant
147 to the provisions of paragraph (11)(d), as overlays on the
148 future land use map. Each future land use category must be
149 defined in terms of uses included rather than numerical caps,
150 and must include standards to be followed in the control and
151 distribution of population densities and building and structure
152 intensities. The proposed distribution, location, and extent of
153 the various categories of land use shall be shown on a land use
154 map or map series which shall be supplemented by goals,
155 policies, and measurable objectives. The future land use plan
156 shall be based upon surveys, studies, and data regarding the
157 area, including the amount of land required to accommodate
158 anticipated growth; the projected population of the area; the
159 character of undeveloped land; those factors limiting
160 development, critical habitat designations as well as other
161 applicable environmental protections, and local building
162 restrictions incorporated into the comprehensive plan or land
163 development code; the availability of water supplies, public
164 facilities, and services; the need for redevelopment, including
165 the renewal of blighted areas and the elimination of
166 nonconforming uses which are inconsistent with the character of
167 the community; the compatibility of uses on lands adjacent to or
168 closely proximate to military installations; the discouragement
169 of urban sprawl; energy-efficient land use patterns accounting
170 for existing and future electric power generation and
171 transmission systems; greenhouse gas reduction strategies; and,
172 in rural communities, the need for job creation, capital
173 investment, and economic development that will strengthen and
174 diversify the community’s economy. The future land use plan may
175 designate areas for future planned development use involving
176 combinations of types of uses for which special regulations may
177 be necessary to ensure development in accord with the principles
178 and standards of the comprehensive plan and this act. The future
179 land use plan element shall include criteria to be used to
180 achieve the compatibility of adjacent or closely proximate lands
181 with military installations. In addition, for rural communities,
182 the amount of land designated for future planned industrial use
183 shall be based upon surveys and studies that reflect the need
184 for job creation, capital investment, and the necessity to
185 strengthen and diversify the local economies, and shall not be
186 limited solely by the projected population of the rural
187 community. The future land use plan of a county may also
188 designate areas for possible future municipal incorporation. The
189 land use maps or map series shall generally identify and depict
190 historic district boundaries and shall designate historically
191 significant properties meriting protection. For coastal
192 counties, the future land use element must include, without
193 limitation, regulatory incentives and criteria that encourage
194 the preservation of recreational and commercial working
195 waterfronts as defined in s. 342.07. The future land use element
196 must clearly identify the land use categories in which public
197 schools are an allowable use. When delineating the land use
198 categories in which public schools are an allowable use, a local
199 government shall include in the categories sufficient land
200 proximate to residential development to meet the projected needs
201 for schools in coordination with public school boards and may
202 establish differing criteria for schools of different type or
203 size. Each local government shall include lands contiguous to
204 existing school sites, to the maximum extent possible, within
205 the land use categories in which public schools are an allowable
206 use. The failure by a local government to comply with these
207 school siting requirements will result in the prohibition of the
208 local government’s ability to amend the local comprehensive
209 plan, except for plan amendments described in s. 163.3187(1)(b),
210 until the school siting requirements are met. Amendments
211 proposed by a local government for purposes of identifying the
212 land use categories in which public schools are an allowable use
213 are exempt from the limitation on the frequency of plan
214 amendments contained in s. 163.3187. The future land use element
215 shall include criteria that encourage the location of schools
216 proximate to urban residential areas to the extent possible and
217 shall require that the local government seek to collocate public
218 facilities, such as parks, libraries, and community centers,
219 with schools to the extent possible and to encourage the use of
220 elementary schools as focal points for neighborhoods. For
221 schools serving predominantly rural counties, defined as a
222 county with a population of 100,000 or fewer, an agricultural
223 land use category shall be eligible for the location of public
224 school facilities if the local comprehensive plan contains
225 school siting criteria and the location is consistent with such
226 criteria. Local governments required to update or amend their
227 comprehensive plan to include criteria and address compatibility
228 of adjacent or closely proximate lands with existing military
229 installations in their future land use plan element shall
230 transmit the update or amendment to the department by June 30,
231 2006.
232 (12) A public school facilities element adopted to
233 implement a school concurrency program shall meet the
234 requirements of this subsection. Each county and each
235 municipality within the county, unless exempt or subject to a
236 waiver, must adopt a public school facilities element that is
237 consistent with those adopted by the other local governments
238 within the county and enter the interlocal agreement pursuant to
239 s. 163.31777.
240 (a) The state land planning agency may provide a waiver to
241 a county and to the municipalities within the county if the
242 capacity rate for all schools within the school district is no
243 greater than 100 percent and the projected 5-year capital outlay
244 full-time equivalent student growth rate is less than 10
245 percent. The state land planning agency may allow for a
246 projected 5-year capital outlay full-time equivalent student
247 growth rate to exceed 10 percent when the projected 10-year
248 capital outlay full-time equivalent student enrollment is fewer
249 than 2,000 students and the capacity rate for all schools within
250 the school district in the 10th year will not exceed the 100
251 percent limitation. The state land planning agency may allow for
252 a single school to exceed the 100-percent limitation if it can
253 be demonstrated that the capacity rate for that single school is
254 not greater than 105 percent. In making this determination, the
255 state land planning agency shall consider the following
256 criteria:
257 1. Whether the exceedance is due to temporary
258 circumstances;
259 2. Whether the projected 5-year capital outlay full time
260 equivalent student growth rate for the school district is
261 approaching the 10-percent threshold;
262 3. Whether one or more additional schools within the school
263 district are at or approaching the 100-percent threshold; and
264 4. The adequacy of the data and analysis submitted to
265 support the waiver request.
266 Section 3. Subsections (5), (10), and (12), paragraph (e)
267 of subsection (13), and subsection (16) of section 163.3180,
268 Florida Statutes, are amended to read:
269 163.3180 Concurrency.—
270 (5)(a) The Legislature finds that under limited
271 circumstances dealing with transportation facilities,
272 countervailing planning and public policy goals may come into
273 conflict with the requirement that adequate public
274 transportation facilities and services be available concurrent
275 with the impacts of such development. The Legislature further
276 finds that often the unintended result of the concurrency
277 requirement for transportation facilities is often the
278 discouragement of urban infill development and redevelopment.
279 Such unintended results directly conflict with the goals and
280 policies of the state comprehensive plan and the intent of this
281 part. The Legislature also finds that in urban centers,
282 transportation cannot be effectively managed and mobility cannot
283 be improved solely through the expansion of roadway capacity,
284 that the expansion of roadway capacity is not always physically
285 or financially possible, and that a range of transportation
286 alternatives are essential to satisfy mobility needs, reduce
287 congestion, and achieve healthy, vibrant centers. Therefore,
288 exceptions from the concurrency requirement for transportation
289 facilities may be granted as provided by this subsection.
290 (b)1. The following are transportation concurrency
291 exception areas:
292 a. A municipality that qualifies as a dense urban land area
293 under s. 163.3164(34);
294 b. An urban service area under s. 163.3164(29) which has
295 been adopted into the local comprehensive plan and is located
296 within a county that qualifies as a dense urban land area under
297 s. 163.3164(34), except limited urban service areas are not
298 included as an urban service area unless the parcel is defined
299 as 163.3164(33); and
300 c. A county, including the municipalities located therein,
301 which has a population of at least 900,000 and qualifies as a
302 dense urban land area under s. 163.3164(34), but does not have
303 an urban service area designated in the local comprehensive
304 plan.
305 2. A municipality that does not qualify as a dense urban
306 land area pursuant to s. 163.3164(34) may designate in its local
307 comprehensive plan the following areas as transportation
308 concurrency exception areas:
309 a. Urban infill as defined in s. 163.3164(27);
310 b. Community redevelopment areas as defined in s.
311 163.340(10);
312 c. Downtown revitalization areas as defined in s.
313 163.3164(25);
314 d. Urban infill and redevelopment under s. 163.2517; or
315 e. Urban service areas as defined in s. 163.3164(29) or
316 areas within a designated urban service boundary under s.
317 163.3177(14).
318 3. A county that does not qualify as a dense urban land
319 area pursuant to s. 163.3164(34) may designate in its local
320 comprehensive plan the following areas as transportation
321 concurrency exception areas:
322 a. Urban infill as defined in s. 163.3164(27);
323 b. Urban infill and redevelopment under s. 163.2517; or
324 c. Urban service areas as defined in s. 163.3164(29).
325 4. A local government that has a transportation concurrency
326 exception area designated pursuant to subparagraph 1.,
327 subparagraph 2., or subparagraph 3. must, within 2 years after
328 the designated area becomes exempt, adopt into its local
329 comprehensive plan land use and transportation strategies to
330 support and fund mobility within the exception area, including
331 alternative modes of transportation. Local governments are
332 encouraged to adopt complementary land use and transportation
333 strategies that reflect the region’s shared vision for its
334 future. If the state land planning agency finds insufficient
335 cause for the local government’s failure to adopt into its
336 comprehensive plan land use and transportation strategies to
337 support and fund mobility within the designated exception area
338 after 2 years, the agency shall submit the finding to the
339 Administration Commission, which may impose any of the sanctions
340 set forth in s. 163.3184(11)(a) and (b) against the local
341 government.
342 5. Transportation concurrency exception areas designated
343 under subparagraph 1., subparagraph 2., or subparagraph 3. do
344 not apply to designated transportation concurrency districts
345 located within a county that has a population of at least 1.5
346 million, has implemented and uses a transportation-related
347 concurrency assessment to support alternative modes of
348 transportation, including, but not limited to, mass transit, and
349 does not levy transportation impact fees within the concurrency
350 district. This paragraph does not apply to any county that has
351 exempted more than 40 percent of the area inside the urban
352 service area from transportation concurrency for the purpose of
353 encouraging urban infill and redevelopment.
354 6. A local government that does not have a transportation
355 concurrency exception area designated pursuant to subparagraph
356 1., subparagraph 2., or subparagraph 3. may grant an exception
357 from the concurrency requirement for transportation facilities
358 if the proposed development is otherwise consistent with the
359 adopted local government comprehensive plan and is a project
360 that promotes public transportation or is located within an area
361 designated in the comprehensive plan for:
362 a.1. Urban infill development;
363 b.2. Urban redevelopment;
364 c.3. Downtown revitalization;
365 d.4. Urban infill and redevelopment under s. 163.2517; or
366 e.5. An urban service area specifically designated as a
367 transportation concurrency exception area which includes lands
368 appropriate for compact, contiguous urban development, which
369 does not exceed the amount of land needed to accommodate the
370 projected population growth at densities consistent with the
371 adopted comprehensive plan within the 10-year planning period,
372 and which is served or is planned to be served with public
373 facilities and services as provided by the capital improvements
374 element.
375 (c) The Legislature also finds that developments located
376 within urban infill, urban redevelopment, existing urban
377 service, or downtown revitalization areas or areas designated as
378 urban infill and redevelopment areas under s. 163.2517, which
379 pose only special part-time demands on the transportation
380 system, are exempt should be excepted from the concurrency
381 requirement for transportation facilities. A special part-time
382 demand is one that does not have more than 200 scheduled events
383 during any calendar year and does not affect the 100 highest
384 traffic volume hours.
385 (d) Except for transportation concurrency exception areas
386 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
387 or subparagraph (b)3., the following requirements apply: A local
388 government shall establish guidelines in the comprehensive plan
389 for granting the exceptions authorized in paragraphs (b) and (c)
390 and subsections (7) and (15) which must be consistent with and
391 support a comprehensive strategy adopted in the plan to promote
392 the purpose of the exceptions.
393 1.(e) The local government shall both adopt into the
394 comprehensive plan and implement long-term strategies to support
395 and fund mobility within the designated exception area,
396 including alternative modes of transportation. The plan
397 amendment must also demonstrate how strategies will support the
398 purpose of the exception and how mobility within the designated
399 exception area will be provided.
400 2. In addition, The strategies must address urban design;
401 appropriate land use mixes, including intensity and density; and
402 network connectivity plans needed to promote urban infill,
403 redevelopment, or downtown revitalization. The comprehensive
404 plan amendment designating the concurrency exception area must
405 be accompanied by data and analysis justifying the size of the
406 area.
407 (e)(f) Before designating Prior to the designation of a
408 concurrency exception area pursuant to subparagraph (b)6., the
409 state land planning agency and the Department of Transportation
410 shall be consulted by the local government to assess the impact
411 that the proposed exception area is expected to have on the
412 adopted level-of-service standards established for regional
413 transportation facilities identified pursuant to s. 186.507,
414 including the Strategic Intermodal System facilities, as defined
415 in s. 339.64, and roadway facilities funded in accordance with
416 s. 339.2819. Further, the local government shall provide a plan
417 for the mitigation of, in consultation with the state land
418 planning agency and the Department of Transportation, develop a
419 plan to mitigate any impacts to the Strategic Intermodal System,
420 including, if appropriate, access management, parallel reliever
421 roads, transportation demand management, and other measures the
422 development of a long-term concurrency management system
423 pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
424 may be available only within the specific geographic area of the
425 jurisdiction designated in the plan. Pursuant to s. 163.3184,
426 any affected person may challenge a plan amendment establishing
427 these guidelines and the areas within which an exception could
428 be granted.
429 (g) Transportation concurrency exception areas existing
430 prior to July 1, 2005, must, at a minimum, meet the provisions
431 of this section by July 1, 2006, or at the time of the
432 comprehensive plan update pursuant to the evaluation and
433 appraisal report, whichever occurs last.
434 (f) The designation of a transportation concurrency
435 exception area does not limit a local government’s home rule
436 power to adopt ordinances or impose fees. This subsection does
437 not affect any contract or agreement entered into or development
438 order rendered before the creation of the transportation
439 concurrency exception area.
440 (g) The Office of Program Policy Analysis and Government
441 Accountability shall submit to the President of the Senate and
442 the Speaker of the House of Representatives by February 1, 2015,
443 a report on transportation concurrency exception areas created
444 pursuant to this subsection. At a minimum, the report must
445 address the methods that local governments have used to
446 implement and fund transportation strategies to achieve the
447 purposes of designated transportation concurrency exception
448 area; the effects of the strategies on mobility, congestion,
449 urban design; the density and intensity of land use mixes; and
450 the network connectivity plans used to promote urban infill,
451 redevelopment, or downtown revitalization.
452 (10) Except in transportation concurrency exception areas,
453 with regard to roadway facilities on the Strategic Intermodal
454 System designated in accordance with s. 339.63 ss. 339.61,
455 339.62, 339.63, and 339.64, the Florida Intrastate Highway
456 System as defined in s. 338.001, and roadway facilities funded
457 in accordance with s. 339.2819, local governments shall adopt
458 the level-of-service standard established by the Department of
459 Transportation by rule. However, if the Office of Tourism,
460 Trade, and Economic Development concurs in writing with the
461 local government that the proposed development is for a
462 qualified job creation project under s. 288.0656 or s. 403.973,
463 the affected local government, after consulting with the
464 Department of Transportation, may allow for a waiver of
465 transportation concurrency for the project. For all other roads
466 on the State Highway System, local governments shall establish
467 an adequate level-of-service standard that need not be
468 consistent with any level-of-service standard established by the
469 Department of Transportation. In establishing adequate level-of
470 service standards for any arterial roads, or collector roads as
471 appropriate, which traverse multiple jurisdictions, local
472 governments shall consider compatibility with the roadway
473 facility’s adopted level-of-service standards in adjacent
474 jurisdictions. Each local government within a county shall use a
475 professionally accepted methodology for measuring impacts on
476 transportation facilities for the purposes of implementing its
477 concurrency management system. Counties are encouraged to
478 coordinate with adjacent counties, and local governments within
479 a county are encouraged to coordinate, for the purpose of using
480 common methodologies for measuring impacts on transportation
481 facilities for the purpose of implementing their concurrency
482 management systems.
483 (12)(a) A development of regional impact satisfies may
484 satisfy the transportation concurrency requirements of the local
485 comprehensive plan, the local government’s concurrency
486 management system, and s. 380.06 by paying payment of a
487 proportionate-share contribution for local and regionally
488 significant traffic impacts, if:
489 1.(a) The development of regional impact which, based on
490 its location or mix of land uses, is designed to encourage
491 pedestrian or other nonautomotive modes of transportation;
492 2.(b) The proportionate-share contribution for local and
493 regionally significant traffic impacts is sufficient to pay for
494 one or more required mobility improvements that will benefit a
495 regionally significant transportation facility;
496 3.(c) The owner and developer of the development of
497 regional impact pays or assures payment of the proportionate
498 share contribution; and
499 4.(d) If The regionally significant transportation facility
500 to be constructed or improved is under the maintenance authority
501 of a governmental entity, as defined by s. 334.03(12)., other
502 than The local government having with jurisdiction over the
503 development of regional impact must, the developer is required
504 to enter into a binding and legally enforceable commitment to
505 transfer funds to the governmental entity having maintenance
506 authority or to otherwise assure construction or improvement of
507 a the facility reasonably related to the mobility demands
508 created by the development.
509 (b) The proportionate-share contribution may be applied to
510 any transportation facility to satisfy the provisions of this
511 subsection and the local comprehensive plan., but, for the
512 purposes of this subsection, The amount of the proportionate
513 share contribution shall be calculated based upon the cumulative
514 number of trips from the proposed development expected to reach
515 roadways during the peak hour at from the complete buildout of a
516 stage or phase being approved, divided by the change in the peak
517 hour maximum service volume of the roadways resulting from the
518 construction of an improvement necessary to maintain the adopted
519 level of service, multiplied by the construction cost, at the
520 time of developer payment, of the improvement necessary to
521 maintain the adopted level of service. For purposes of this
522 paragraph, the term subsection, “construction cost” includes all
523 associated costs of the improvement. Proportionate-share
524 mitigation shall be limited to ensure that a development of
525 regional impact meeting the requirements of this subsection
526 mitigates its impact on the transportation system but is not
527 responsible for the additional cost of reducing or eliminating
528 backlogs. For purposes of this paragraph, the term “backlog”
529 means a facility or facilities on which the adopted level-of
530 service standard is exceeded by the existing trips, plus
531 additional projected background trips from any source other than
532 the development project under review which are forecast by
533 established traffic standards, including traffic modeling,
534 consistent with the University of Florida’s Bureau of Economic
535 and Business Research medium population projections. Additional
536 projected background trips shall to be coincident with the
537 particular stage or phase of development under review.
538 1. A developer shall not be required to fund or construct
539 proportionate-share mitigation that is more extensive than
540 mitigation necessary to offset the impact of the development
541 project under review.
542 2. Proportionate-share mitigation shall be applied as a
543 credit against any transportation impact fees or exactions
544 assessed for the traffic impacts of a development.
545 3. Proportionate-share mitigation may be directed toward
546 one or more specific transportation improvements reasonably
547 related to the mobility demands created by the development and
548 such improvements may address one or more modes of
549 transportation.
550 4. The payment for such improvements that significantly
551 benefit the impacted transportation system satisfies concurrency
552 requirements as a mitigation of the development’s stage or phase
553 impacts upon the overall transportation system even if there
554 remains a failure of concurrency on other impacted facilities.
555 5. This subsection also applies to Florida Quality
556 Developments pursuant to s. 380.061 and to detailed specific
557 area plans implementing optional sector plans pursuant to s.
558 163.3245.
559 (13) School concurrency shall be established on a
560 districtwide basis and shall include all public schools in the
561 district and all portions of the district, whether located in a
562 municipality or an unincorporated area unless exempt from the
563 public school facilities element pursuant to s. 163.3177(12).
564 The application of school concurrency to development shall be
565 based upon the adopted comprehensive plan, as amended. All local
566 governments within a county, except as provided in paragraph
567 (f), shall adopt and transmit to the state land planning agency
568 the necessary plan amendments, along with the interlocal
569 agreement, for a compliance review pursuant to s. 163.3184(7)
570 and (8). The minimum requirements for school concurrency are the
571 following:
572 (e) Availability standard.—Consistent with the public
573 welfare, a local government may not deny an application for site
574 plan, final subdivision approval, or the functional equivalent
575 for a development or phase of a development authorizing
576 residential development for failure to achieve and maintain the
577 level-of-service standard for public school capacity in a local
578 school concurrency management system where adequate school
579 facilities will be in place or under actual construction within
580 3 years after the issuance of final subdivision or site plan
581 approval, or the functional equivalent. School concurrency is
582 satisfied if the developer executes a legally binding commitment
583 to provide mitigation proportionate to the demand for public
584 school facilities to be created by actual development of the
585 property, including, but not limited to, the options described
586 in subparagraph 1. Options for proportionate-share mitigation of
587 impacts on public school facilities must be established in the
588 public school facilities element and the interlocal agreement
589 pursuant to s. 163.31777.
590 1. Appropriate mitigation options include the contribution
591 of land; the construction, expansion, or payment for land
592 acquisition or construction of a public school facility; the
593 construction of a charter school that complies with the
594 requirements of s. 1002.33(18)(f); or the creation of mitigation
595 banking based on the construction of a public school facility in
596 exchange for the right to sell capacity credits. Such options
597 must include execution by the applicant and the local government
598 of a development agreement that constitutes a legally binding
599 commitment to pay proportionate-share mitigation for the
600 additional residential units approved by the local government in
601 a development order and actually developed on the property,
602 taking into account residential density allowed on the property
603 prior to the plan amendment that increased the overall
604 residential density. The district school board must be a party
605 to such an agreement. As a condition of its entry into such a
606 development agreement, the local government may require the
607 landowner to agree to continuing renewal of the agreement upon
608 its expiration.
609 2. If the education facilities plan and the public
610 educational facilities element authorize a contribution of land;
611 the construction, expansion, or payment for land acquisition; or
612 the construction or expansion of a public school facility, or a
613 portion thereof; or the construction of a charter school that
614 complies with the requirements of s. 1002.33(18)(f), as
615 proportionate-share mitigation, the local government shall
616 credit such a contribution, construction, expansion, or payment
617 toward any other impact fee or exaction imposed by local
618 ordinance for the same need, on a dollar-for-dollar basis at
619 fair market value.
620 3. Any proportionate-share mitigation must be directed by
621 the school board toward a school capacity improvement identified
622 in a financially feasible 5-year district work plan that
623 satisfies the demands created by the development in accordance
624 with a binding developer’s agreement.
625 4. If a development is precluded from commencing because
626 there is inadequate classroom capacity to mitigate the impacts
627 of the development, the development may nevertheless commence if
628 there are accelerated facilities in an approved capital
629 improvement element scheduled for construction in year four or
630 later of such plan which, when built, will mitigate the proposed
631 development, or if such accelerated facilities will be in the
632 next annual update of the capital facilities element, the
633 developer enters into a binding, financially guaranteed
634 agreement with the school district to construct an accelerated
635 facility within the first 3 years of an approved capital
636 improvement plan, and the cost of the school facility is equal
637 to or greater than the development’s proportionate share. When
638 the completed school facility is conveyed to the school
639 district, the developer shall receive impact fee credits usable
640 within the zone where the facility is constructed or any
641 attendance zone contiguous with or adjacent to the zone where
642 the facility is constructed.
643 5. This paragraph does not limit the authority of a local
644 government to deny a development permit or its functional
645 equivalent pursuant to its home rule regulatory powers, except
646 as provided in this part.
647 (16) It is the intent of the Legislature to provide a
648 method by which the impacts of development on transportation
649 facilities can be mitigated by the cooperative efforts of the
650 public and private sectors. The methodology used to calculate
651 proportionate fair-share mitigation shall be calculated as
652 follows: under this section shall be as provided for in
653 subsection (12).
654 (a) The proportionate fair-share contribution shall be
655 calculated based upon the cumulative number of trips from the
656 proposed development expected to reach roadways during the peak
657 hour at the complete buildout of a stage or phase being
658 approved, divided by the change in the peak hour maximum service
659 volume of the roadways resulting from the construction of an
660 improvement necessary to maintain the adopted level of service.
661 The calculated proportionate fair-share contribution shall be
662 multiplied by the construction cost, at the time of developer
663 payment, of the improvement necessary to maintain the adopted
664 level of service, in order to determine the proportionate fair
665 share contribution. For purposes of this subparagraph, the term
666 “construction cost” includes all associated costs of the
667 improvement.
668 (b)(a) By December 1, 2006, Each local government shall
669 adopt by ordinance a methodology for assessing proportionate
670 fair-share mitigation options consistent with this section. By
671 December 1, 2005, the Department of Transportation shall develop
672 a model transportation concurrency management ordinance with
673 methodologies for assessing proportionate fair-share mitigation
674 options.
675 (c)(b)1. In its transportation concurrency management
676 system, a local government shall, by December 1, 2006, include
677 methodologies that will be applied to calculate proportionate
678 fair-share mitigation. A developer may choose to satisfy all
679 transportation concurrency requirements by contributing or
680 paying proportionate fair-share mitigation if transportation
681 facilities or facility segments identified as mitigation for
682 traffic impacts are specifically identified for funding in the
683 5-year schedule of capital improvements in the capital
684 improvements element of the local plan or the long-term
685 concurrency management system or if such contributions or
686 payments to such facilities or segments are reflected in the 5
687 year schedule of capital improvements in the next regularly
688 scheduled update of the capital improvements element. Updates to
689 the 5-year capital improvements element which reflect
690 proportionate fair-share contributions may not be found not in
691 compliance based on ss. 163.3164(32) and 163.3177(3) if
692 additional contributions, payments or funding sources are
693 reasonably anticipated during a period not to exceed 10 years to
694 fully mitigate impacts on the transportation facilities.
695 2. Proportionate fair-share mitigation shall be applied as
696 a credit against all transportation impact fees or any exactions
697 assessed for the traffic impacts of a development to the extent
698 that all or a portion of the proportionate fair-share mitigation
699 is used to address the same capital infrastructure improvements
700 contemplated by the local government’s impact fee ordinance.
701 (d)(c) Proportionate fair-share mitigation includes,
702 without limitation, separately or collectively, private funds,
703 contributions of land, or and construction and contribution of
704 facilities and may include public funds as determined by the
705 local government. Proportionate fair-share mitigation may be
706 directed toward one or more specific transportation improvements
707 reasonably related to the mobility demands created by the
708 development and such improvements may address one or more modes
709 of travel. The fair market value of the proportionate fair-share
710 mitigation may shall not differ based on the form of mitigation.
711 A local government may not require a development to pay more
712 than its proportionate fair-share contribution regardless of the
713 method of mitigation. Proportionate fair-share mitigation shall
714 be limited to ensure that a development meeting the requirements
715 of this section mitigates its impact on the transportation
716 system but is not responsible for the additional cost of
717 reducing or eliminating backlogs. For purposes of this
718 subparagraph, the term “backlog” means a facility or facilities
719 on which the adopted level-of-service standard is exceeded by
720 the existing trips, plus additional projected background trips
721 from any source other than the development project under review
722 which are forecast by established traffic standards, including
723 traffic modeling, consistent with the University of Florida’s
724 Bureau of Economic and Business Research medium population
725 projections. Additional projected background trips shall be
726 coincident with the particular stage or phase of development
727 under review.
728 (e)(d) This subsection does not require a local government
729 to approve a development that is not otherwise qualified for
730 approval pursuant to the applicable local comprehensive plan and
731 land development regulations; however, a development that
732 satisfies the requirements of s. 163.3180 shall not be denied on
733 the basis of a failure to mitigate other transportation impacts
734 under the local comprehensive plan or land development
735 regulations. This paragraph does not limit a local government
736 from imposing lawfully adopted transportation impact fees.
737 (f)(e) Mitigation for development impacts to facilities on
738 the Strategic Intermodal System made pursuant to this subsection
739 requires the concurrence of the Department of Transportation.
740 (g)(f) If the funds in an adopted 5-year capital
741 improvements element are insufficient to fully fund construction
742 of a transportation improvement required by the local
743 government’s concurrency management system, a local government
744 and a developer may still enter into a binding proportionate
745 share agreement authorizing the developer to construct that
746 amount of development on which the proportionate share is
747 calculated if the proportionate-share amount in such agreement
748 is sufficient to pay for one or more improvements which will, in
749 the opinion of the governmental entity or entities maintaining
750 the transportation facilities, significantly benefit the
751 impacted transportation system. The improvements funded by the
752 proportionate-share component must be adopted into the 5-year
753 capital improvements schedule of the comprehensive plan at the
754 next annual capital improvements element update. The funding of
755 any improvements that significantly benefit the impacted
756 transportation system satisfies concurrency requirements as a
757 mitigation of the development’s impact upon the overall
758 transportation system even if there remains a failure of
759 concurrency on other impacted facilities.
760 (h)(g) Except as provided in subparagraph (c)1. (b)1., this
761 section does may not prohibit the state land planning agency
762 Department of Community Affairs from finding other portions of
763 the capital improvements element amendments not in compliance as
764 provided in this chapter.
765 (i)(h) The provisions of This subsection does do not apply
766 to a development of regional impact satisfying the requirements
767 of in subsection (12).
768 Section 4. Section 163.31802, Florida Statutes, is created
769 to read:
770 163.31802 Prohibited standards for security.—A county,
771 municipality, or other local government entity may not adopt or
772 maintain in effect an ordinance or rule that establish standards
773 for security cameras which require a lawful business to expend
774 funds to enhance the services or functions provided by local
775 government unless specifically provided by general law. This
776 section does not apply to municipalities that have a total
777 population of 50,000 or fewer which adopted an ordinance or rule
778 establishing standards for security devices before February 1,
779 2009.
780 Section 5. Subsection (7) is added to section 163.3187,
781 Florida Statutes, to read:
782 163.3187 Amendment of adopted comprehensive plan.—
783 (7) Other than the exceptions listed in subsection (1),
784 text amendments to the goals, objectives, or policies of the
785 local government’s comprehensive plan may be adopted only twice
786 a year, unless the text amendment is directly related to, and
787 applies only to, a future land use map amendment.
788 Section 6. Paragraph (f) is added to subsection (3) of
789 section 163.32465, Florida Statutes, to read:
790 163.32465 State review of local comprehensive plans in
791 urban areas.—
792 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
793 UNDER THE PILOT PROGRAM.—
794 (f) In addition to the pilot program jurisdictions, any
795 local government may use the alternative state review process to
796 designate an urban service area as defined in s. 163.3164(29) in
797 its comprehensive plan.
798 Section 7. It is the intent of the Legislature that any
799 amendments to s. 163.32465, Florida Statutes, relating to the
800 alternative state review pilot program, which are enacted during
801 the 2009 legislative session, by any law other than by this act
802 are of no effect and the provisions of this act shall prevail.
803 Section 8. Section 171.091, Florida Statutes, is amended to
804 read:
805 171.091 Recording.—Any change in the municipal boundaries
806 through annexation or contraction shall revise the charter
807 boundary article and shall be filed as a revision of the charter
808 with the Department of State within 30 days. A copy of such
809 revision must be submitted to the Office of Economic and
810 Demographic Research along with a statement specifying the
811 population census effect and the affected land area.
812 Section 9. Subsection (24) of section 380.06, Florida
813 Statutes, is amended to read:
814 380.06 Developments of regional impact.—
815 (24) STATUTORY EXEMPTIONS.—
816 (a) Any proposed hospital is exempt from the provisions of
817 this section.
818 (b) Any proposed electrical transmission line or electrical
819 power plant is exempt from the provisions of this section.
820 (c) Any proposed addition to an existing sports facility
821 complex is exempt from the provisions of this section if the
822 addition meets the following characteristics:
823 1. It would not operate concurrently with the scheduled
824 hours of operation of the existing facility.
825 2. Its seating capacity would be no more than 75 percent of
826 the capacity of the existing facility.
827 3. The sports facility complex property is owned by a
828 public body prior to July 1, 1983.
829
830 This exemption does not apply to any pari-mutuel facility.
831 (d) Any proposed addition or cumulative additions
832 subsequent to July 1, 1988, to an existing sports facility
833 complex owned by a state university is exempt if the increased
834 seating capacity of the complex is no more than 30 percent of
835 the capacity of the existing facility.
836 (e) Any addition of permanent seats or parking spaces for
837 an existing sports facility located on property owned by a
838 public body prior to July 1, 1973, is exempt from the provisions
839 of this section if future additions do not expand existing
840 permanent seating or parking capacity more than 15 percent
841 annually in excess of the prior year’s capacity.
842 (f) Any increase in the seating capacity of an existing
843 sports facility having a permanent seating capacity of at least
844 50,000 spectators is exempt from the provisions of this section,
845 provided that such an increase does not increase permanent
846 seating capacity by more than 5 percent per year and not to
847 exceed a total of 10 percent in any 5-year period, and provided
848 that the sports facility notifies the appropriate local
849 government within which the facility is located of the increase
850 at least 6 months prior to the initial use of the increased
851 seating, in order to permit the appropriate local government to
852 develop a traffic management plan for the traffic generated by
853 the increase. Any traffic management plan shall be consistent
854 with the local comprehensive plan, the regional policy plan, and
855 the state comprehensive plan.
856 (g) Any expansion in the permanent seating capacity or
857 additional improved parking facilities of an existing sports
858 facility is exempt from the provisions of this section, if the
859 following conditions exist:
860 1.a. The sports facility had a permanent seating capacity
861 on January 1, 1991, of at least 41,000 spectator seats;
862 b. The sum of such expansions in permanent seating capacity
863 does not exceed a total of 10 percent in any 5-year period and
864 does not exceed a cumulative total of 20 percent for any such
865 expansions; or
866 c. The increase in additional improved parking facilities
867 is a one-time addition and does not exceed 3,500 parking spaces
868 serving the sports facility; and
869 2. The local government having jurisdiction of the sports
870 facility includes in the development order or development permit
871 approving such expansion under this paragraph a finding of fact
872 that the proposed expansion is consistent with the
873 transportation, water, sewer and stormwater drainage provisions
874 of the approved local comprehensive plan and local land
875 development regulations relating to those provisions.
876
877 Any owner or developer who intends to rely on this statutory
878 exemption shall provide to the department a copy of the local
879 government application for a development permit. Within 45 days
880 of receipt of the application, the department shall render to
881 the local government an advisory and nonbinding opinion, in
882 writing, stating whether, in the department’s opinion, the
883 prescribed conditions exist for an exemption under this
884 paragraph. The local government shall render the development
885 order approving each such expansion to the department. The
886 owner, developer, or department may appeal the local government
887 development order pursuant to s. 380.07, within 45 days after
888 the order is rendered. The scope of review shall be limited to
889 the determination of whether the conditions prescribed in this
890 paragraph exist. If any sports facility expansion undergoes
891 development-of-regional-impact review, all previous expansions
892 which were exempt under this paragraph shall be included in the
893 development-of-regional-impact review.
894 (h) Expansion to port harbors, spoil disposal sites,
895 navigation channels, turning basins, harbor berths, and other
896 related inwater harbor facilities of ports listed in s.
897 403.021(9)(b), port transportation facilities and projects
898 listed in s. 311.07(3)(b), and intermodal transportation
899 facilities identified pursuant to s. 311.09(3) are exempt from
900 the provisions of this section when such expansions, projects,
901 or facilities are consistent with comprehensive master plans
902 that are in compliance with the provisions of s. 163.3178.
903 (i) Any proposed facility for the storage of any petroleum
904 product or any expansion of an existing facility is exempt from
905 the provisions of this section.
906 (j) Any renovation or redevelopment within the same land
907 parcel which does not change land use or increase density or
908 intensity of use.
909 (k) Waterport and marina development, including dry storage
910 facilities, are exempt from the provisions of this section.
911 (l) Any proposed development within an urban service
912 boundary established under s. 163.3177(14) is exempt from the
913 provisions of this section if the local government having
914 jurisdiction over the area where the development is proposed has
915 adopted the urban service boundary, has entered into a binding
916 agreement with jurisdictions that would be impacted and with the
917 Department of Transportation regarding the mitigation of impacts
918 on state and regional transportation facilities, and has adopted
919 a proportionate share methodology pursuant to s. 163.3180(16).
920 (m) Any proposed development within a rural land
921 stewardship area created under s. 163.3177(11)(d) is exempt from
922 the provisions of this section if the local government that has
923 adopted the rural land stewardship area has entered into a
924 binding agreement with jurisdictions that would be impacted and
925 the Department of Transportation regarding the mitigation of
926 impacts on state and regional transportation facilities, and has
927 adopted a proportionate share methodology pursuant to s.
928 163.3180(16).
929 (n) Any proposed development or redevelopment within an
930 area designated as an urban infill and redevelopment area under
931 s. 163.2517 is exempt from this section if the local government
932 has entered into a binding agreement with jurisdictions that
933 would be impacted and the Department of Transportation regarding
934 the mitigation of impacts on state and regional transportation
935 facilities, and has adopted a proportionate share methodology
936 pursuant to s. 163.3180(16).
937 (o) The establishment, relocation, or expansion of any
938 military installation as defined in s. 163.3175, is exempt from
939 this section.
940 (p) Any self-storage warehousing that does not allow retail
941 or other services is exempt from this section.
942 (q) Any proposed nursing home or assisted living facility
943 is exempt from this section.
944 (r) Any development identified in an airport master plan
945 and adopted into the comprehensive plan pursuant to s.
946 163.3177(6)(k) is exempt from this section.
947 (s) Any development identified in a campus master plan and
948 adopted pursuant to s. 1013.30 is exempt from this section.
949 (t) Any development in a specific area plan which is
950 prepared pursuant to s. 163.3245 and adopted into the
951 comprehensive plan is exempt from this section.
952 (u) Any development within a county with a research and
953 education authority created by special act and that is also
954 within a research and development park that is operated or
955 managed by a research and development authority pursuant to part
956 V of chapter 159 is exempt from this section.
957
958 If a use is exempt from review as a development of regional
959 impact under paragraphs (a)-(t), but will be part of a larger
960 project that is subject to review as a development of regional
961 impact, the impact of the exempt use must be included in the
962 review of the larger project, unless such exempt use involves a
963 development of regional impact for which the landowner, tenant,
964 or user has entered into a funding agreement with the Office of
965 Tourism, Trade, and Economic Development under the Innovation
966 Incentive Program and the agreement contemplates a state award
967 of at least $50 million.
968 Section 10. (1)(a) The Legislature finds that the existing
969 transportation concurrency system has not adequately addressed
970 the transportation needs of this state in an effective,
971 predictable, and equitable manner and is not producing a
972 sustainable transportation system for the state. The Legislature
973 finds that the current system is complex, inequitable, lacks
974 uniformity among jurisdictions, is too focused on roadways to
975 the detriment of desired land use patterns and transportation
976 alternatives, and frequently prevents the attainment of
977 important growth management goals.
978 (b) The Legislature determines that the state shall
979 evaluate and consider the implementation of a mobility fee to
980 replace the existing transportation concurrency system set forth
981 in s. 163.3180, Florida Statutes. The mobility fee should be
982 designed to provide for mobility needs, ensure that all
983 development provides mitigation for its impacts on the
984 transportation system in approximate proportionality to those
985 impacts, fairly distribute the fee among the governmental
986 entities responsible for maintaining the impacted roadways, and
987 promote compact, mixed-use, and energy-efficient development.
988 (2) The state land planning agency and the Department of
989 Transportation shall continue their current mobility fee studies
990 and submit to the President of the Senate and the Speaker of the
991 House of Representatives joint reports no later than December 1,
992 2009, for the purpose of initiating legislative revisions
993 necessary to implement the mobility fee in lieu of the existing
994 transportation concurrency system.
995 Section 11. (1) Except as provided in subsection (4), and
996 in recognition of the 2009 real estate market conditions, any
997 permit issued by the Department of Environmental Protection or
998 any permit issued by a water management district under part IV
999 of chapter 373, Florida Statutes, any development order issued
1000 by the Department of Community Affairs pursuant to s. 380.06,
1001 Florida Statutes, and any development order, building permit, or
1002 other land use approval issued by a local government which
1003 expired or will expire on or after September 1, 2008, but before
1004 September 1, 2011, is extended and renewed for a period of 2
1005 years after its date of expiration. For development orders and
1006 land use approvals, including, but not limited to, certificates
1007 of concurrency and development agreements, this extension also
1008 includes phase, commencement, and buildout dates, including any
1009 buildout date extension previously granted under s.
1010 380.06(19)(c), Florida Statutes. This subsection does not
1011 prohibit conversion from the construction phase to the operation
1012 phase upon completion of construction for combined construction
1013 and operation permits.
1014 (2) The completion date for any required mitigation
1015 associated with a phased construction project shall be extended
1016 and renewed so that mitigation takes place in the same timeframe
1017 relative to the phase as originally permitted.
1018 (3) The holder of an agency or district permit, or a
1019 development order, building permit, or other land use approval
1020 issued by a local government which is eligible for the 2-year
1021 extension shall notify the authorizing agency in writing no
1022 later than September 30, 2010, identifying the specific
1023 authorization for which the holder intends to use the extended
1024 or renewed permit, order, or approval.
1025 (4) The extensions and renewals provided for in subsection
1026 (1) do not apply to:
1027 (a) A permit or other authorization under any programmatic
1028 or regional general permit issued by the United States Army
1029 Corps of Engineers.
1030 (b) An agency or district permit or a development order,
1031 building permit, or other land use approval issued by a local
1032 government and held by an owner or operator determined to be in
1033 significant noncompliance with the conditions of the permit,
1034 order, or approval as established through the issuance of a
1035 warning letter or notice of violation, the initiation of formal
1036 enforcement, or other equivalent action by the authorizing
1037 agency.
1038 (5) Permits, development orders, and other land use
1039 approvals that are extended and renewed under this section shall
1040 continue to be governed by rules in effect at the time the
1041 permit, order, or approval was issued. This subsection applies
1042 to any modification of the plans, terms, and conditions of such
1043 permit, development order, or other land use approval which
1044 lessens the environmental impact, except that any such
1045 modification does not extend the permit, order, or other land
1046 use approval beyond the 2 years authorized under subsection (1).
1047 Section 12. The Legislature finds that this act fulfills an
1048 important state interest.
1049 Section 13. This act shall take effect upon becoming a law.