Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1122
       
       
       
       
       
       
                                Barcode 484990                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             05/05/2011 12:12 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1046 - 5746
    4  and insert:
    5         Section 11. Subsections (5), (6), and (9) of section
    6  163.3175, Florida Statutes, are amended to read:
    7         163.3175 Legislative findings on compatibility of
    8  development with military installations; exchange of information
    9  between local governments and military installations.—
   10         (5) The commanding officer or his or her designee may
   11  provide comments to the affected local government on the impact
   12  such proposed changes may have on the mission of the military
   13  installation. Such comments may include:
   14         (a) If the installation has an airfield, whether such
   15  proposed changes will be incompatible with the safety and noise
   16  standards contained in the Air Installation Compatible Use Zone
   17  (AICUZ) adopted by the military installation for that airfield;
   18         (b) Whether such changes are incompatible with the
   19  Installation Environmental Noise Management Program (IENMP) of
   20  the United States Army;
   21         (c) Whether such changes are incompatible with the findings
   22  of a Joint Land Use Study (JLUS) for the area if one has been
   23  completed; and
   24         (d) Whether the military installation’s mission will be
   25  adversely affected by the proposed actions of the county or
   26  affected local government.
   27  
   28         The commanding officer’s comments, underlying studies, and
   29  reports are not binding on the local government.
   30         (6) The affected local government shall take into
   31  consideration any comments provided by the commanding officer or
   32  his or her designee pursuant to subsection (4) and must also be
   33  sensitive to private property rights and not be unduly
   34  restrictive on those rights. The affected local government shall
   35  forward a copy of any comments regarding comprehensive plan
   36  amendments to the state land planning agency.
   37         (9) If a local government, as required under s.
   38  163.3177(6)(a), does not adopt criteria and address
   39  compatibility of lands adjacent to or closely proximate to
   40  existing military installations in its future land use plan
   41  element by June 30, 2012, the local government, the military
   42  installation, the state land planning agency, and other parties
   43  as identified by the regional planning council, including, but
   44  not limited to, private landowner representatives, shall enter
   45  into mediation conducted pursuant to s. 186.509. If the local
   46  government comprehensive plan does not contain criteria
   47  addressing compatibility by December 31, 2013, the agency may
   48  notify the Administration Commission. The Administration
   49  Commission may impose sanctions pursuant to s. 163.3184(8)(11).
   50  Any local government that amended its comprehensive plan to
   51  address military installation compatibility requirements after
   52  2004 and was found to be in compliance is deemed to be in
   53  compliance with this subsection until the local government
   54  conducts its evaluation and appraisal review pursuant to s.
   55  163.3191 and determines that amendments are necessary to meet
   56  updated general law requirements.
   57         Section 12. Section 163.3177, Florida Statutes, is amended
   58  to read:
   59         163.3177 Required and optional elements of comprehensive
   60  plan; studies and surveys.—
   61         (1) The comprehensive plan shall provide the consist of
   62  materials in such descriptive form, written or graphic, as may
   63  be appropriate to the prescription of principles, guidelines,
   64  and standards, and strategies for the orderly and balanced
   65  future economic, social, physical, environmental, and fiscal
   66  development of the area that reflects community commitments to
   67  implement the plan and its elements. These principles and
   68  strategies shall guide future decisions in a consistent manner
   69  and shall contain programs and activities to ensure
   70  comprehensive plans are implemented. The sections of the
   71  comprehensive plan containing the principles and strategies,
   72  generally provided as goals, objectives, and policies, shall
   73  describe how the local government’s programs, activities, and
   74  land development regulations will be initiated, modified, or
   75  continued to implement the comprehensive plan in a consistent
   76  manner. It is not the intent of this part to require the
   77  inclusion of implementing regulations in the comprehensive plan
   78  but rather to require identification of those programs,
   79  activities, and land development regulations that will be part
   80  of the strategy for implementing the comprehensive plan and the
   81  principles that describe how the programs, activities, and land
   82  development regulations will be carried out. The plan shall
   83  establish meaningful and predictable standards for the use and
   84  development of land and provide meaningful guidelines for the
   85  content of more detailed land development and use regulations.
   86         (a) The comprehensive plan shall consist of elements as
   87  described in this section, and may include optional elements.
   88         (b) A local government may include, as part of its adopted
   89  plan, documents adopted by reference but not incorporated
   90  verbatim into the plan. The adoption by reference must identify
   91  the title and author of the document and indicate clearly what
   92  provisions and edition of the document is being adopted.
   93         (c) The format of these principles and guidelines is at the
   94  discretion of the local government, but typically is expressed
   95  in goals, objectives, policies, and strategies.
   96         (d) The comprehensive plan shall identify procedures for
   97  monitoring, evaluating, and appraising implementation of the
   98  plan.
   99         (e) When a federal, state, or regional agency has
  100  implemented a regulatory program, a local government is not
  101  required to duplicate or exceed that regulatory program in its
  102  local comprehensive plan.
  103         (f) All mandatory and optional elements of the
  104  comprehensive plan and plan amendments shall be based upon
  105  relevant and appropriate data and an analysis by the local
  106  government that may include, but not be limited to, surveys,
  107  studies, community goals and vision, and other data available at
  108  the time of adoption of the comprehensive plan or plan
  109  amendment. To be based on data means to react to it in an
  110  appropriate way and to the extent necessary indicated by the
  111  data available on that particular subject at the time of
  112  adoption of the plan or plan amendment at issue.
  113         1. Surveys, studies, and data utilized in the preparation
  114  of the comprehensive plan may not be deemed a part of the
  115  comprehensive plan unless adopted as a part of it. Copies of
  116  such studies, surveys, data, and supporting documents for
  117  proposed plans and plan amendments shall be made available for
  118  public inspection, and copies of such plans shall be made
  119  available to the public upon payment of reasonable charges for
  120  reproduction. Support data or summaries are not subject to the
  121  compliance review process, but the comprehensive plan must be
  122  clearly based on appropriate data. Support data or summaries may
  123  be used to aid in the determination of compliance and
  124  consistency.
  125         2. Data must be taken from professionally accepted sources.
  126  The application of a methodology utilized in data collection or
  127  whether a particular methodology is professionally accepted may
  128  be evaluated. However, the evaluation may not include whether
  129  one accepted methodology is better than another. Original data
  130  collection by local governments is not required. However, local
  131  governments may use original data so long as methodologies are
  132  professionally accepted.
  133         3. The comprehensive plan shall be based upon resident and
  134  seasonal population estimates and projections, which shall
  135  either be those provided by the University of Florida’s Bureau
  136  of Economic and Business Research or generated by the local
  137  government based upon a professionally acceptable methodology.
  138  The plan must be based on at least the minimum amount of land
  139  required to accommodate the medium projections of the University
  140  of Florida’s Bureau of Economic and Business Research for at
  141  least a 10-year planning period unless otherwise limited under
  142  s. 380.05, including related rules of the Administration
  143  Commission.
  144         (2) Coordination of the several elements of the local
  145  comprehensive plan shall be a major objective of the planning
  146  process. The several elements of the comprehensive plan shall be
  147  consistent. Where data is relevant to several elements,
  148  consistent data shall be used, including population estimates
  149  and projections unless alternative data can be justified for a
  150  plan amendment through new supporting data and analysis. Each
  151  map depicting future conditions must reflect the principles,
  152  guidelines, and standards within all elements and each such map
  153  must be contained within the comprehensive plan, and the
  154  comprehensive plan shall be financially feasible. Financial
  155  feasibility shall be determined using professionally accepted
  156  methodologies and applies to the 5-year planning period, except
  157  in the case of a long-term transportation or school concurrency
  158  management system, in which case a 10-year or 15-year period
  159  applies.
  160         (3)(a) The comprehensive plan shall contain a capital
  161  improvements element designed to consider the need for and the
  162  location of public facilities in order to encourage the
  163  efficient use of such facilities and set forth:
  164         1. A component that outlines principles for construction,
  165  extension, or increase in capacity of public facilities, as well
  166  as a component that outlines principles for correcting existing
  167  public facility deficiencies, which are necessary to implement
  168  the comprehensive plan. The components shall cover at least a 5
  169  year period.
  170         2. Estimated public facility costs, including a delineation
  171  of when facilities will be needed, the general location of the
  172  facilities, and projected revenue sources to fund the
  173  facilities.
  174         3. Standards to ensure the availability of public
  175  facilities and the adequacy of those facilities to meet
  176  established including acceptable levels of service.
  177         4. Standards for the management of debt.
  178         4.5. A schedule of capital improvements which includes any
  179  publicly funded projects of federal, state, or local government,
  180  and which may include privately funded projects for which the
  181  local government has no fiscal responsibility. Projects,
  182  necessary to ensure that any adopted level-of-service standards
  183  are achieved and maintained for the 5-year period must be
  184  identified as either funded or unfunded and given a level of
  185  priority for funding. For capital improvements that will be
  186  funded by the developer, financial feasibility shall be
  187  demonstrated by being guaranteed in an enforceable development
  188  agreement or interlocal agreement pursuant to paragraph (10)(h),
  189  or other enforceable agreement. These development agreements and
  190  interlocal agreements shall be reflected in the schedule of
  191  capital improvements if the capital improvement is necessary to
  192  serve development within the 5-year schedule. If the local
  193  government uses planned revenue sources that require referenda
  194  or other actions to secure the revenue source, the plan must, in
  195  the event the referenda are not passed or actions do not secure
  196  the planned revenue source, identify other existing revenue
  197  sources that will be used to fund the capital projects or
  198  otherwise amend the plan to ensure financial feasibility.
  199         5.6. The schedule must include transportation improvements
  200  included in the applicable metropolitan planning organization’s
  201  transportation improvement program adopted pursuant to s.
  202  339.175(8) to the extent that such improvements are relied upon
  203  to ensure concurrency and financial feasibility. The schedule
  204  must also be coordinated with the applicable metropolitan
  205  planning organization’s long-range transportation plan adopted
  206  pursuant to s. 339.175(7).
  207         (b)1. The capital improvements element must be reviewed by
  208  the local government on an annual basis. Modifications and
  209  modified as necessary in accordance with s. 163.3187 or s.
  210  163.3189 in order to update the maintain a financially feasible
  211  5-year capital improvement schedule of capital improvements.
  212  Corrections and modifications concerning costs; revenue sources;
  213  or acceptance of facilities pursuant to dedications which are
  214  consistent with the plan may be accomplished by ordinance and
  215  may shall not be deemed to be amendments to the local
  216  comprehensive plan. A copy of the ordinance shall be transmitted
  217  to the state land planning agency. An amendment to the
  218  comprehensive plan is required to update the schedule on an
  219  annual basis or to eliminate, defer, or delay the construction
  220  for any facility listed in the 5-year schedule. All public
  221  facilities must be consistent with the capital improvements
  222  element. The annual update to the capital improvements element
  223  of the comprehensive plan need not comply with the financial
  224  feasibility requirement until December 1, 2011. Thereafter, a
  225  local government may not amend its future land use map, except
  226  for plan amendments to meet new requirements under this part and
  227  emergency amendments pursuant to s. 163.3187(1)(a), after
  228  December 1, 2011, and every year thereafter, unless and until
  229  the local government has adopted the annual update and it has
  230  been transmitted to the state land planning agency.
  231         2. Capital improvements element amendments adopted after
  232  the effective date of this act shall require only a single
  233  public hearing before the governing board which shall be an
  234  adoption hearing as described in s. 163.3184(7). Such amendments
  235  are not subject to the requirements of s. 163.3184(3)-(6).
  236         (c) If the local government does not adopt the required
  237  annual update to the schedule of capital improvements, the state
  238  land planning agency must notify the Administration Commission.
  239  A local government that has a demonstrated lack of commitment to
  240  meeting its obligations identified in the capital improvements
  241  element may be subject to sanctions by the Administration
  242  Commission pursuant to s. 163.3184(11).
  243         (d) If a local government adopts a long-term concurrency
  244  management system pursuant to s. 163.3180(9), it must also adopt
  245  a long-term capital improvements schedule covering up to a 10
  246  year or 15-year period, and must update the long-term schedule
  247  annually. The long-term schedule of capital improvements must be
  248  financially feasible.
  249         (e) At the discretion of the local government and
  250  notwithstanding the requirements of this subsection, a
  251  comprehensive plan, as revised by an amendment to the plan’s
  252  future land use map, shall be deemed to be financially feasible
  253  and to have achieved and maintained level-of-service standards
  254  as required by this section with respect to transportation
  255  facilities if the amendment to the future land use map is
  256  supported by a:
  257         1. Condition in a development order for a development of
  258  regional impact or binding agreement that addresses
  259  proportionate-share mitigation consistent with s. 163.3180(12);
  260  or
  261         2. Binding agreement addressing proportionate fair-share
  262  mitigation consistent with s. 163.3180(16)(f) and the property
  263  subject to the amendment to the future land use map is located
  264  within an area designated in a comprehensive plan for urban
  265  infill, urban redevelopment, downtown revitalization, urban
  266  infill and redevelopment, or an urban service area. The binding
  267  agreement must be based on the maximum amount of development
  268  identified by the future land use map amendment or as may be
  269  otherwise restricted through a special area plan policy or map
  270  notation in the comprehensive plan.
  271         (f) A local government’s comprehensive plan and plan
  272  amendments for land uses within all transportation concurrency
  273  exception areas that are designated and maintained in accordance
  274  with s. 163.3180(5) shall be deemed to meet the requirement to
  275  achieve and maintain level-of-service standards for
  276  transportation.
  277         (4)(a) Coordination of the local comprehensive plan with
  278  the comprehensive plans of adjacent municipalities, the county,
  279  adjacent counties, or the region; with the appropriate water
  280  management district’s regional water supply plans approved
  281  pursuant to s. 373.709; and with adopted rules pertaining to
  282  designated areas of critical state concern; and with the state
  283  comprehensive plan shall be a major objective of the local
  284  comprehensive planning process. To that end, in the preparation
  285  of a comprehensive plan or element thereof, and in the
  286  comprehensive plan or element as adopted, the governing body
  287  shall include a specific policy statement indicating the
  288  relationship of the proposed development of the area to the
  289  comprehensive plans of adjacent municipalities, the county,
  290  adjacent counties, or the region and to the state comprehensive
  291  plan, as the case may require and as such adopted plans or plans
  292  in preparation may exist.
  293         (b) When all or a portion of the land in a local government
  294  jurisdiction is or becomes part of a designated area of critical
  295  state concern, the local government shall clearly identify those
  296  portions of the local comprehensive plan that shall be
  297  applicable to the critical area and shall indicate the
  298  relationship of the proposed development of the area to the
  299  rules for the area of critical state concern.
  300         (5)(a) Each local government comprehensive plan must
  301  include at least two planning periods, one covering at least the
  302  first 5-year period occurring after the plan’s adoption and one
  303  covering at least a 10-year period. Additional planning periods
  304  for specific components, elements, land use amendments, or
  305  projects shall be permissible and accepted as part of the
  306  planning process.
  307         (b) The comprehensive plan and its elements shall contain
  308  guidelines or policies policy recommendations for the
  309  implementation of the plan and its elements.
  310         (6) In addition to the requirements of subsections (1)-(5)
  311  and (12), the comprehensive plan shall include the following
  312  elements:
  313         (a) A future land use plan element designating proposed
  314  future general distribution, location, and extent of the uses of
  315  land for residential uses, commercial uses, industry,
  316  agriculture, recreation, conservation, education, public
  317  buildings and grounds, other public facilities, and other
  318  categories of the public and private uses of land. The
  319  approximate acreage and the general range of density or
  320  intensity of use shall be provided for the gross land area
  321  included in each existing land use category. The element shall
  322  establish the long-term end toward which land use programs and
  323  activities are ultimately directed. Counties are encouraged to
  324  designate rural land stewardship areas, pursuant to paragraph
  325  (11)(d), as overlays on the future land use map.
  326         1. Each future land use category must be defined in terms
  327  of uses included, and must include standards to be followed in
  328  the control and distribution of population densities and
  329  building and structure intensities. The proposed distribution,
  330  location, and extent of the various categories of land use shall
  331  be shown on a land use map or map series which shall be
  332  supplemented by goals, policies, and measurable objectives.
  333         2. The future land use plan and plan amendments shall be
  334  based upon surveys, studies, and data regarding the area, as
  335  applicable, including:
  336         a. The amount of land required to accommodate anticipated
  337  growth.;
  338         b. The projected residential and seasonal population of the
  339  area.;
  340         c. The character of undeveloped land.;
  341         d. The availability of water supplies, public facilities,
  342  and services.;
  343         e. The need for redevelopment, including the renewal of
  344  blighted areas and the elimination of nonconforming uses which
  345  are inconsistent with the character of the community.;
  346         f. The compatibility of uses on lands adjacent to or
  347  closely proximate to military installations.;
  348         g. The compatibility of uses on lands adjacent to an
  349  airport as defined in s. 330.35 and consistent with s. 333.02.;
  350         h. The discouragement of urban sprawl.; energy-efficient
  351  land use patterns accounting for existing and future electric
  352  power generation and transmission systems; greenhouse gas
  353  reduction strategies; and, in rural communities,
  354         i. The need for job creation, capital investment, and
  355  economic development that will strengthen and diversify the
  356  community’s economy.
  357         j. The need to modify land uses and development patterns
  358  within antiquated subdivisions. The future land use plan may
  359  designate areas for future planned development use involving
  360  combinations of types of uses for which special regulations may
  361  be necessary to ensure development in accord with the principles
  362  and standards of the comprehensive plan and this act.
  363         3. The future land use plan element shall include criteria
  364  to be used to:
  365         a. Achieve the compatibility of lands adjacent or closely
  366  proximate to military installations, considering factors
  367  identified in s. 163.3175(5)., and
  368         b. Achieve the compatibility of lands adjacent to an
  369  airport as defined in s. 330.35 and consistent with s. 333.02.
  370         c. Encourage preservation of recreational and commercial
  371  working waterfronts for water dependent uses in coastal
  372  communities.
  373         d. Encourage the location of schools proximate to urban
  374  residential areas to the extent possible.
  375         e. Coordinate future land uses with the topography and soil
  376  conditions, and the availability of facilities and services.
  377         f. Ensure the protection of natural and historic resources.
  378         g. Provide for the compatibility of adjacent land uses.
  379         h. Provide guidelines for the implementation of mixed use
  380  development including the types of uses allowed, the percentage
  381  distribution among the mix of uses, or other standards, and the
  382  density and intensity of each use.
  383         4.In addition, for rural communities, The amount of land
  384  designated for future planned uses industrial use shall provide
  385  a balance of uses that foster vibrant, viable communities and
  386  economic development opportunities and address outdated
  387  development patterns, such as antiquated subdivisions. The
  388  amount of land designated for future land uses should allow the
  389  operation of real estate markets to provide adequate choices for
  390  permanent and seasonal residents and business and be based upon
  391  surveys and studies that reflect the need for job creation,
  392  capital investment, and the necessity to strengthen and
  393  diversify the local economies, and may not be limited solely by
  394  the projected population of the rural community. The element
  395  shall accommodate at least the minimum amount of land required
  396  to accommodate the medium projections of the University of
  397  Florida’s Bureau of Economic and Business Research for at least
  398  a 10-year planning period unless otherwise limited under s.
  399  380.05, including related rules of the Administration
  400  Commission.
  401         5. The future land use plan of a county may also designate
  402  areas for possible future municipal incorporation.
  403         6. The land use maps or map series shall generally identify
  404  and depict historic district boundaries and shall designate
  405  historically significant properties meriting protection. For
  406  coastal counties, the future land use element must include,
  407  without limitation, regulatory incentives and criteria that
  408  encourage the preservation of recreational and commercial
  409  working waterfronts as defined in s. 342.07.
  410         7. The future land use element must clearly identify the
  411  land use categories in which public schools are an allowable
  412  use. When delineating the land use categories in which public
  413  schools are an allowable use, a local government shall include
  414  in the categories sufficient land proximate to residential
  415  development to meet the projected needs for schools in
  416  coordination with public school boards and may establish
  417  differing criteria for schools of different type or size. Each
  418  local government shall include lands contiguous to existing
  419  school sites, to the maximum extent possible, within the land
  420  use categories in which public schools are an allowable use. The
  421  failure by a local government to comply with these school siting
  422  requirements will result in the prohibition of the local
  423  government’s ability to amend the local comprehensive plan,
  424  except for plan amendments described in s. 163.3187(1)(b), until
  425  the school siting requirements are met. Amendments proposed by a
  426  local government for purposes of identifying the land use
  427  categories in which public schools are an allowable use are
  428  exempt from the limitation on the frequency of plan amendments
  429  contained in s. 163.3187. The future land use element shall
  430  include criteria that encourage the location of schools
  431  proximate to urban residential areas to the extent possible and
  432  shall require that the local government seek to collocate public
  433  facilities, such as parks, libraries, and community centers,
  434  with schools to the extent possible and to encourage the use of
  435  elementary schools as focal points for neighborhoods. For
  436  schools serving predominantly rural counties, defined as a
  437  county with a population of 100,000 or fewer, an agricultural
  438  land use category is eligible for the location of public school
  439  facilities if the local comprehensive plan contains school
  440  siting criteria and the location is consistent with such
  441  criteria.
  442         8. Future land use map amendments shall be based upon the
  443  following analyses:
  444         a. An analysis of the availability of facilities and
  445  services.
  446         b. An analysis of the suitability of the plan amendment for
  447  its proposed use considering the character of the undeveloped
  448  land, soils, topography, natural resources, and historic
  449  resources on site.
  450         c. An analysis of the minimum amount of land needed as
  451  determined by the local government.
  452         9. The future land use element and any amendment to the
  453  future land use element shall discourage the proliferation of
  454  urban sprawl.
  455         a. The primary indicators that a plan or plan amendment
  456  does not discourage the proliferation of urban sprawl are listed
  457  below. The evaluation of the presence of these indicators shall
  458  consist of an analysis of the plan or plan amendment within the
  459  context of features and characteristics unique to each locality
  460  in order to determine whether the plan or plan amendment:
  461         (I) Promotes, allows, or designates for development
  462  substantial areas of the jurisdiction to develop as low
  463  intensity, low-density, or single-use development or uses.
  464         (II) Promotes, allows, or designates significant amounts of
  465  urban development to occur in rural areas at substantial
  466  distances from existing urban areas while not using undeveloped
  467  lands that are available and suitable for development.
  468         (III) Promotes, allows, or designates urban development in
  469  radial, strip, isolated, or ribbon patterns generally emanating
  470  from existing urban developments.
  471         (IV) Fails to adequately protect and conserve natural
  472  resources, such as wetlands, floodplains, native vegetation,
  473  environmentally sensitive areas, natural groundwater aquifer
  474  recharge areas, lakes, rivers, shorelines, beaches, bays,
  475  estuarine systems, and other significant natural systems.
  476         (V) Fails to adequately protect adjacent agricultural areas
  477  and activities, including silviculture, active agricultural and
  478  silvicultural activities, passive agricultural activities, and
  479  dormant, unique, and prime farmlands and soils.
  480         (VI) Fails to maximize use of existing public facilities
  481  and services.
  482         (VII) Fails to maximize use of future public facilities and
  483  services.
  484         (VIII) Allows for land use patterns or timing which
  485  disproportionately increase the cost in time, money, and energy
  486  of providing and maintaining facilities and services, including
  487  roads, potable water, sanitary sewer, stormwater management, law
  488  enforcement, education, health care, fire and emergency
  489  response, and general government.
  490         (IX) Fails to provide a clear separation between rural and
  491  urban uses.
  492         (X) Discourages or inhibits infill development or the
  493  redevelopment of existing neighborhoods and communities.
  494         (XI) Fails to encourage a functional mix of uses.
  495         (XII) Results in poor accessibility among linked or related
  496  land uses.
  497         (XIII) Results in the loss of significant amounts of
  498  functional open space.
  499         b. The future land use element or plan amendment shall be
  500  determined to discourage the proliferation of urban sprawl if it
  501  incorporates a development pattern or urban form that achieves
  502  four or more of the following:
  503         (I) Directs or locates economic growth and associated land
  504  development to geographic areas of the community in a manner
  505  that does not have an adverse impact on and protects natural
  506  resources and ecosystems.
  507         (II) Promotes the efficient and cost-effective provision or
  508  extension of public infrastructure and services.
  509         (III) Promotes walkable and connected communities and
  510  provides for compact development and a mix of uses at densities
  511  and intensities that will support a range of housing choices and
  512  a multimodal transportation system, including pedestrian,
  513  bicycle, and transit, if available.
  514         (IV) Promotes conservation of water and energy.
  515         (V) Preserves agricultural areas and activities, including
  516  silviculture, and dormant, unique, and prime farmlands and
  517  soils.
  518         (VI) Preserves open space and natural lands and provides
  519  for public open space and recreation needs.
  520         (VII) Creates a balance of land uses based upon demands of
  521  residential population for the nonresidential needs of an area.
  522         (VIII) Provides uses, densities, and intensities of use and
  523  urban form that would remediate an existing or planned
  524  development pattern in the vicinity that constitutes sprawl or
  525  if it provides for an innovative development pattern such as
  526  transit-oriented developments or new towns as defined in s.
  527  163.3164.
  528         10. The future land use element shall include a future land
  529  use map or map series.
  530         a. The proposed distribution, extent, and location of the
  531  following uses shall be shown on the future land use map or map
  532  series:
  533         (I) Residential.
  534         (II) Commercial.
  535         (III) Industrial.
  536         (IV) Agricultural.
  537         (V) Recreational.
  538         (VI) Conservation.
  539         (VII) Educational.
  540         (VIII) Public.
  541         b. The following areas shall also be shown on the future
  542  land use map or map series, if applicable:
  543         (I) Historic district boundaries and designated
  544  historically significant properties.
  545         (II) Transportation concurrency management area boundaries
  546  or transportation concurrency exception area boundaries.
  547         (III) Multimodal transportation district boundaries.
  548         (IV) Mixed use categories.
  549         c. The following natural resources or conditions shall be
  550  shown on the future land use map or map series, if applicable:
  551         (I) Existing and planned public potable waterwells, cones
  552  of influence, and wellhead protection areas.
  553         (II) Beaches and shores, including estuarine systems.
  554         (III) Rivers, bays, lakes, floodplains, and harbors.
  555         (IV) Wetlands.
  556         (V) Minerals and soils.
  557         (VI) Coastal high hazard areas.
  558         11. Local governments required to update or amend their
  559  comprehensive plan to include criteria and address compatibility
  560  of lands adjacent or closely proximate to existing military
  561  installations, or lands adjacent to an airport as defined in s.
  562  330.35 and consistent with s. 333.02, in their future land use
  563  plan element shall transmit the update or amendment to the state
  564  land planning agency by June 30, 2012.
  565         (b) A transportation element addressing mobility issues in
  566  relationship to the size and character of the local government.
  567  The purpose of the transportation element shall be to plan for a
  568  multimodal transportation system that places emphasis on public
  569  transportation systems, where feasible. The element shall
  570  provide for a safe, convenient multimodal transportation system,
  571  coordinated with the future land use map or map series and
  572  designed to support all elements of the comprehensive plan. A
  573  local government that has all or part of its jurisdiction
  574  included within the metropolitan planning area of a metropolitan
  575  planning organization (M.P.O.) pursuant to s. 339.175 shall
  576  prepare and adopt a transportation element consistent with this
  577  subsection. Local governments that are not located within the
  578  metropolitan planning area of an M.P.O. shall address traffic
  579  circulation, mass transit, and ports, and aviation and related
  580  facilities consistent with this subsection, except that local
  581  governments with a population of 50,000 or less shall only be
  582  required to address transportation circulation. The element
  583  shall be coordinated with the plans and programs of any
  584  applicable metropolitan planning organization, transportation
  585  authority, Florida Transportation Plan, and Department of
  586  Transportation’s adopted work program.
  587         1. Each local government’s transportation element shall
  588  address
  589         (b) A traffic circulation, including element consisting of
  590  the types, locations, and extent of existing and proposed major
  591  thoroughfares and transportation routes, including bicycle and
  592  pedestrian ways. Transportation corridors, as defined in s.
  593  334.03, may be designated in the transportation traffic
  594  circulation element pursuant to s. 337.273. If the
  595  transportation corridors are designated, the local government
  596  may adopt a transportation corridor management ordinance. The
  597  element shall include a map or map series showing the general
  598  location of the existing and proposed transportation system
  599  features and shall be coordinated with the future land use map
  600  or map series. The element shall reflect the data, analysis, and
  601  associated principles and strategies relating to:
  602         a. The existing transportation system levels of service and
  603  system needs and the availability of transportation facilities
  604  and services.
  605         b. The growth trends and travel patterns and interactions
  606  between land use and transportation.
  607         c. Existing and projected intermodal deficiencies and
  608  needs.
  609         d. The projected transportation system levels of service
  610  and system needs based upon the future land use map and the
  611  projected integrated transportation system.
  612         e. How the local government will correct existing facility
  613  deficiencies, meet the identified needs of the projected
  614  transportation system, and advance the purpose of this paragraph
  615  and the other elements of the comprehensive plan.
  616         2. Local governments within a metropolitan planning area
  617  designated as an M.P.O. pursuant to s. 339.175 shall also
  618  address:
  619         a. All alternative modes of travel, such as public
  620  transportation, pedestrian, and bicycle travel.
  621         b. Aviation, rail, seaport facilities, access to those
  622  facilities, and intermodal terminals.
  623         c. The capability to evacuate the coastal population before
  624  an impending natural disaster.
  625         d. Airports, projected airport and aviation development,
  626  and land use compatibility around airports, which includes areas
  627  defined in ss. 333.01 and 333.02.
  628         e. An identification of land use densities, building
  629  intensities, and transportation management programs to promote
  630  public transportation systems in designated public
  631  transportation corridors so as to encourage population densities
  632  sufficient to support such systems.
  633         3. Municipalities having populations greater than 50,000,
  634  and counties having populations greater than 75,000, shall
  635  include mass-transit provisions showing proposed methods for the
  636  moving of people, rights-of-way, terminals, and related
  637  facilities and shall address:
  638         a. The provision of efficient public transit services based
  639  upon existing and proposed major trip generators and attractors,
  640  safe and convenient public transit terminals, land uses, and
  641  accommodation of the special needs of the transportation
  642  disadvantaged.
  643         b. Plans for port, aviation, and related facilities
  644  coordinated with the general circulation and transportation
  645  element.
  646         c. Plans for the circulation of recreational traffic,
  647  including bicycle facilities, exercise trails, riding
  648  facilities, and such other matters as may be related to the
  649  improvement and safety of movement of all types of recreational
  650  traffic.
  651         4. At the option of a local government, an airport master
  652  plan, and any subsequent amendments to the airport master plan,
  653  prepared by a licensed publicly owned and operated airport under
  654  s. 333.06 may be incorporated into the local government
  655  comprehensive plan by the local government having jurisdiction
  656  under this act for the area in which the airport or projected
  657  airport development is located by the adoption of a
  658  comprehensive plan amendment. In the amendment to the local
  659  comprehensive plan that integrates the airport master plan, the
  660  comprehensive plan amendment shall address land use
  661  compatibility consistent with chapter 333 regarding airport
  662  zoning; the provision of regional transportation facilities for
  663  the efficient use and operation of the transportation system and
  664  airport; consistency with the local government transportation
  665  circulation element and applicable M.P.O. long-range
  666  transportation plans; the execution of any necessary interlocal
  667  agreements for the purposes of the provision of public
  668  facilities and services to maintain the adopted level-of-service
  669  standards for facilities subject to concurrency; and may address
  670  airport-related or aviation-related development. Development or
  671  expansion of an airport consistent with the adopted airport
  672  master plan that has been incorporated into the local
  673  comprehensive plan in compliance with this part, and airport
  674  related or aviation-related development that has been addressed
  675  in the comprehensive plan amendment that incorporates the
  676  airport master plan, do not constitute a development of regional
  677  impact. Notwithstanding any other general law, an airport that
  678  has received a development-of-regional-impact development order
  679  pursuant to s. 380.06, but which is no longer required to
  680  undergo development-of-regional-impact review pursuant to this
  681  subsection, may rescind its development-of-regional-impact order
  682  upon written notification to the applicable local government.
  683  Upon receipt by the local government, the development-of
  684  regional-impact development order shall be deemed rescinded. The
  685  traffic circulation element shall incorporate transportation
  686  strategies to address reduction in greenhouse gas emissions from
  687  the transportation sector.
  688         (c) A general sanitary sewer, solid waste, drainage,
  689  potable water, and natural groundwater aquifer recharge element
  690  correlated to principles and guidelines for future land use,
  691  indicating ways to provide for future potable water, drainage,
  692  sanitary sewer, solid waste, and aquifer recharge protection
  693  requirements for the area. The element may be a detailed
  694  engineering plan including a topographic map depicting areas of
  695  prime groundwater recharge.
  696         1. Each local government shall address in the data and
  697  analyses required by this section those facilities that provide
  698  service within the local government’s jurisdiction. Local
  699  governments that provide facilities to serve areas within other
  700  local government jurisdictions shall also address those
  701  facilities in the data and analyses required by this section,
  702  using data from the comprehensive plan for those areas for the
  703  purpose of projecting facility needs as required in this
  704  subsection. For shared facilities, each local government shall
  705  indicate the proportional capacity of the systems allocated to
  706  serve its jurisdiction.
  707         2. The element shall describe the problems and needs and
  708  the general facilities that will be required for solution of the
  709  problems and needs, including correcting existing facility
  710  deficiencies. The element shall address coordinating the
  711  extension of, or increase in the capacity of, facilities to meet
  712  future needs while maximizing the use of existing facilities and
  713  discouraging urban sprawl; conservation of potable water
  714  resources; and protecting the functions of natural groundwater
  715  recharge areas and natural drainage features. The element shall
  716  also include a topographic map depicting any areas adopted by a
  717  regional water management district as prime groundwater recharge
  718  areas for the Floridan or Biscayne aquifers. These areas shall
  719  be given special consideration when the local government is
  720  engaged in zoning or considering future land use for said
  721  designated areas. For areas served by septic tanks, soil surveys
  722  shall be provided which indicate the suitability of soils for
  723  septic tanks.
  724         3. Within 18 months after the governing board approves an
  725  updated regional water supply plan, the element must incorporate
  726  the alternative water supply project or projects selected by the
  727  local government from those identified in the regional water
  728  supply plan pursuant to s. 373.709(2)(a) or proposed by the
  729  local government under s. 373.709(8)(b). If a local government
  730  is located within two water management districts, the local
  731  government shall adopt its comprehensive plan amendment within
  732  18 months after the later updated regional water supply plan.
  733  The element must identify such alternative water supply projects
  734  and traditional water supply projects and conservation and reuse
  735  necessary to meet the water needs identified in s. 373.709(2)(a)
  736  within the local government’s jurisdiction and include a work
  737  plan, covering at least a 10-year planning period, for building
  738  public, private, and regional water supply facilities, including
  739  development of alternative water supplies, which are identified
  740  in the element as necessary to serve existing and new
  741  development. The work plan shall be updated, at a minimum, every
  742  5 years within 18 months after the governing board of a water
  743  management district approves an updated regional water supply
  744  plan. Amendments to incorporate the work plan do not count
  745  toward the limitation on the frequency of adoption of amendments
  746  to the comprehensive plan. Local governments, public and private
  747  utilities, regional water supply authorities, special districts,
  748  and water management districts are encouraged to cooperatively
  749  plan for the development of multijurisdictional water supply
  750  facilities that are sufficient to meet projected demands for
  751  established planning periods, including the development of
  752  alternative water sources to supplement traditional sources of
  753  groundwater and surface water supplies.
  754         (d) A conservation element for the conservation, use, and
  755  protection of natural resources in the area, including air,
  756  water, water recharge areas, wetlands, waterwells, estuarine
  757  marshes, soils, beaches, shores, flood plains, rivers, bays,
  758  lakes, harbors, forests, fisheries and wildlife, marine habitat,
  759  minerals, and other natural and environmental resources,
  760  including factors that affect energy conservation.
  761         1. The following natural resources, where present within
  762  the local government’s boundaries, shall be identified and
  763  analyzed and existing recreational or conservation uses, known
  764  pollution problems, including hazardous wastes, and the
  765  potential for conservation, recreation, use, or protection shall
  766  also be identified:
  767         a. Rivers, bays, lakes, wetlands including estuarine
  768  marshes, groundwaters, and springs, including information on
  769  quality of the resource available.
  770         b. Floodplains.
  771         c. Known sources of commercially valuable minerals.
  772         d. Areas known to have experienced soil erosion problems.
  773         e. Areas that are the location of recreationally and
  774  commercially important fish or shellfish, wildlife, marine
  775  habitats, and vegetative communities, including forests,
  776  indicating known dominant species present and species listed by
  777  federal, state, or local government agencies as endangered,
  778  threatened, or species of special concern.
  779         2. The element must contain principles, guidelines, and
  780  standards for conservation that provide long-term goals and
  781  which:
  782         a. Protects air quality.
  783         b. Conserves, appropriately uses, and protects the quality
  784  and quantity of current and projected water sources and waters
  785  that flow into estuarine waters or oceanic waters and protect
  786  from activities and land uses known to affect adversely the
  787  quality and quantity of identified water sources, including
  788  natural groundwater recharge areas, wellhead protection areas,
  789  and surface waters used as a source of public water supply.
  790         c. Provides for the emergency conservation of water sources
  791  in accordance with the plans of the regional water management
  792  district.
  793         d. Conserves, appropriately uses, and protects minerals,
  794  soils, and native vegetative communities, including forests,
  795  from destruction by development activities.
  796         e. Conserves, appropriately uses, and protects fisheries,
  797  wildlife, wildlife habitat, and marine habitat and restricts
  798  activities known to adversely affect the survival of endangered
  799  and threatened wildlife.
  800         f. Protects existing natural reservations identified in the
  801  recreation and open space element.
  802         g. Maintains cooperation with adjacent local governments to
  803  conserve, appropriately use, or protect unique vegetative
  804  communities located within more than one local jurisdiction.
  805         h. Designates environmentally sensitive lands for
  806  protection based on locally determined criteria which further
  807  the goals and objectives of the conservation element.
  808         i. Manages hazardous waste to protect natural resources.
  809         j. Protects and conserves wetlands and the natural
  810  functions of wetlands.
  811         k. Directs future land uses that are incompatible with the
  812  protection and conservation of wetlands and wetland functions
  813  away from wetlands. The type, intensity or density, extent,
  814  distribution, and location of allowable land uses and the types,
  815  values, functions, sizes, conditions, and locations of wetlands
  816  are land use factors that shall be considered when directing
  817  incompatible land uses away from wetlands. Land uses shall be
  818  distributed in a manner that minimizes the effect and impact on
  819  wetlands. The protection and conservation of wetlands by the
  820  direction of incompatible land uses away from wetlands shall
  821  occur in combination with other principles, guidelines,
  822  standards, and strategies in the comprehensive plan. Where
  823  incompatible land uses are allowed to occur, mitigation shall be
  824  considered as one means to compensate for loss of wetlands
  825  functions.
  826         3.Local governments shall assess their Current and, as
  827  well as projected, water needs and sources for at least a 10
  828  year period based on the demands for industrial, agricultural,
  829  and potable water use and the quality and quantity of water
  830  available to meet these demands shall be analyzed. The analysis
  831  shall consider the existing levels of water conservation, use,
  832  and protection and applicable policies of the regional water
  833  management district and further must consider, considering the
  834  appropriate regional water supply plan approved pursuant to s.
  835  373.709, or, in the absence of an approved regional water supply
  836  plan, the district water management plan approved pursuant to s.
  837  373.036(2). This information shall be submitted to the
  838  appropriate agencies. The land use map or map series contained
  839  in the future land use element shall generally identify and
  840  depict the following:
  841         1. Existing and planned waterwells and cones of influence
  842  where applicable.
  843         2. Beaches and shores, including estuarine systems.
  844         3. Rivers, bays, lakes, flood plains, and harbors.
  845         4. Wetlands.
  846         5. Minerals and soils.
  847         6. Energy conservation.
  848  
  849         The land uses identified on such maps shall be consistent
  850  with applicable state law and rules.
  851         (e) A recreation and open space element indicating a
  852  comprehensive system of public and private sites for recreation,
  853  including, but not limited to, natural reservations, parks and
  854  playgrounds, parkways, beaches and public access to beaches,
  855  open spaces, waterways, and other recreational facilities.
  856         (f)1. A housing element consisting of standards, plans, and
  857  principles, guidelines, standards, and strategies to be followed
  858  in:
  859         a. The provision of housing for all current and anticipated
  860  future residents of the jurisdiction.
  861         b. The elimination of substandard dwelling conditions.
  862         c. The structural and aesthetic improvement of existing
  863  housing.
  864         d. The provision of adequate sites for future housing,
  865  including affordable workforce housing as defined in s.
  866  380.0651(3)(h)(j), housing for low-income, very low-income, and
  867  moderate-income families, mobile homes, and group home
  868  facilities and foster care facilities, with supporting
  869  infrastructure and public facilities.
  870         e. Provision for relocation housing and identification of
  871  historically significant and other housing for purposes of
  872  conservation, rehabilitation, or replacement.
  873         f. The formulation of housing implementation programs.
  874         g. The creation or preservation of affordable housing to
  875  minimize the need for additional local services and avoid the
  876  concentration of affordable housing units only in specific areas
  877  of the jurisdiction.
  878         h. Energy efficiency in the design and construction of new
  879  housing.
  880         i. Use of renewable energy resources.
  881         j. Each county in which the gap between the buying power of
  882  a family of four and the median county home sale price exceeds
  883  $170,000, as determined by the Florida Housing Finance
  884  Corporation, and which is not designated as an area of critical
  885  state concern shall adopt a plan for ensuring affordable
  886  workforce housing. At a minimum, the plan shall identify
  887  adequate sites for such housing. For purposes of this sub
  888  subparagraph, the term “workforce housing” means housing that is
  889  affordable to natural persons or families whose total household
  890  income does not exceed 140 percent of the area median income,
  891  adjusted for household size.
  892         k. As a precondition to receiving any state affordable
  893  housing funding or allocation for any project or program within
  894  the jurisdiction of a county that is subject to sub-subparagraph
  895  j., a county must, by July 1 of each year, provide certification
  896  that the county has complied with the requirements of sub
  897  subparagraph j.
  898         2. The principles, guidelines, standards, and strategies
  899  goals, objectives, and policies of the housing element must be
  900  based on the data and analysis prepared on housing needs,
  901  including an inventory taken from the latest decennial United
  902  States Census or more recent estimates, which shall include the
  903  number and distribution of dwelling units by type, tenure, age,
  904  rent, value, monthly cost of owner-occupied units, and rent or
  905  cost to income ratio, and shall show the number of dwelling
  906  units that are substandard. The inventory shall also include the
  907  methodology used to estimate the condition of housing, a
  908  projection of the anticipated number of households by size,
  909  income range, and age of residents derived from the population
  910  projections, and the minimum housing need of the current and
  911  anticipated future residents of the jurisdiction the affordable
  912  housing needs assessment.
  913         3. The housing element must express principles, guidelines,
  914  standards, and strategies that reflect, as needed, the creation
  915  and preservation of affordable housing for all current and
  916  anticipated future residents of the jurisdiction, elimination of
  917  substandard housing conditions, adequate sites, and distribution
  918  of housing for a range of incomes and types, including mobile
  919  and manufactured homes. The element must provide for specific
  920  programs and actions to partner with private and nonprofit
  921  sectors to address housing needs in the jurisdiction, streamline
  922  the permitting process, and minimize costs and delays for
  923  affordable housing, establish standards to address the quality
  924  of housing, stabilization of neighborhoods, and identification
  925  and improvement of historically significant housing.
  926         4. State and federal housing plans prepared on behalf of
  927  the local government must be consistent with the goals,
  928  objectives, and policies of the housing element. Local
  929  governments are encouraged to use job training, job creation,
  930  and economic solutions to address a portion of their affordable
  931  housing concerns.
  932         2. To assist local governments in housing data collection
  933  and analysis and assure uniform and consistent information
  934  regarding the state’s housing needs, the state land planning
  935  agency shall conduct an affordable housing needs assessment for
  936  all local jurisdictions on a schedule that coordinates the
  937  implementation of the needs assessment with the evaluation and
  938  appraisal reports required by s. 163.3191. Each local government
  939  shall utilize the data and analysis from the needs assessment as
  940  one basis for the housing element of its local comprehensive
  941  plan. The agency shall allow a local government the option to
  942  perform its own needs assessment, if it uses the methodology
  943  established by the agency by rule.
  944         (g)1. For those units of local government identified in s.
  945  380.24, a coastal management element, appropriately related to
  946  the particular requirements of paragraphs (d) and (e) and
  947  meeting the requirements of s. 163.3178(2) and (3). The coastal
  948  management element shall set forth the principles, guidelines,
  949  standards, and strategies policies that shall guide the local
  950  government’s decisions and program implementation with respect
  951  to the following objectives:
  952         1.a.Maintain, restore, and enhance Maintenance,
  953  restoration, and enhancement of the overall quality of the
  954  coastal zone environment, including, but not limited to, its
  955  amenities and aesthetic values.
  956         2.b.Preserve the continued existence of viable populations
  957  of all species of wildlife and marine life.
  958         3.c.Protect the orderly and balanced utilization and
  959  preservation, consistent with sound conservation principles, of
  960  all living and nonliving coastal zone resources.
  961         4.d.Avoid Avoidance of irreversible and irretrievable loss
  962  of coastal zone resources.
  963         5.e.Use ecological planning principles and assumptions to
  964  be used in the determination of the suitability and extent of
  965  permitted development.
  966         f. Proposed management and regulatory techniques.
  967         6.g.Limit Limitation of public expenditures that subsidize
  968  development in high-hazard coastal high-hazard areas.
  969         7.h.Protect Protection of human life against the effects
  970  of natural disasters.
  971         8.i.Direct the orderly development, maintenance, and use
  972  of ports identified in s. 403.021(9) to facilitate deepwater
  973  commercial navigation and other related activities.
  974         9.j.Preserve historic and archaeological resources, which
  975  include the Preservation, including sensitive adaptive use of
  976  these historic and archaeological resources.
  977         2. As part of this element, a local government that has a
  978  coastal management element in its comprehensive plan is
  979  encouraged to adopt recreational surface water use policies that
  980  include applicable criteria for and consider such factors as
  981  natural resources, manatee protection needs, protection of
  982  working waterfronts and public access to the water, and
  983  recreation and economic demands. Criteria for manatee protection
  984  in the recreational surface water use policies should reflect
  985  applicable guidance outlined in the Boat Facility Siting Guide
  986  prepared by the Fish and Wildlife Conservation Commission. If
  987  the local government elects to adopt recreational surface water
  988  use policies by comprehensive plan amendment, such comprehensive
  989  plan amendment is exempt from the provisions of s. 163.3187(1).
  990  Local governments that wish to adopt recreational surface water
  991  use policies may be eligible for assistance with the development
  992  of such policies through the Florida Coastal Management Program.
  993  The Office of Program Policy Analysis and Government
  994  Accountability shall submit a report on the adoption of
  995  recreational surface water use policies under this subparagraph
  996  to the President of the Senate, the Speaker of the House of
  997  Representatives, and the majority and minority leaders of the
  998  Senate and the House of Representatives no later than December
  999  1, 2010.
 1000         (h)1. An intergovernmental coordination element showing
 1001  relationships and stating principles and guidelines to be used
 1002  in coordinating the adopted comprehensive plan with the plans of
 1003  school boards, regional water supply authorities, and other
 1004  units of local government providing services but not having
 1005  regulatory authority over the use of land, with the
 1006  comprehensive plans of adjacent municipalities, the county,
 1007  adjacent counties, or the region, with the state comprehensive
 1008  plan and with the applicable regional water supply plan approved
 1009  pursuant to s. 373.709, as the case may require and as such
 1010  adopted plans or plans in preparation may exist. This element of
 1011  the local comprehensive plan must demonstrate consideration of
 1012  the particular effects of the local plan, when adopted, upon the
 1013  development of adjacent municipalities, the county, adjacent
 1014  counties, or the region, or upon the state comprehensive plan,
 1015  as the case may require.
 1016         a. The intergovernmental coordination element must provide
 1017  procedures for identifying and implementing joint planning
 1018  areas, especially for the purpose of annexation, municipal
 1019  incorporation, and joint infrastructure service areas.
 1020         b. The intergovernmental coordination element must provide
 1021  for recognition of campus master plans prepared pursuant to s.
 1022  1013.30 and airport master plans under paragraph (k).
 1023         c. The intergovernmental coordination element shall provide
 1024  for a dispute resolution process, as established pursuant to s.
 1025  186.509, for bringing intergovernmental disputes to closure in a
 1026  timely manner.
 1027         c.d. The intergovernmental coordination element shall
 1028  provide for interlocal agreements as established pursuant to s.
 1029  333.03(1)(b).
 1030         2. The intergovernmental coordination element shall also
 1031  state principles and guidelines to be used in coordinating the
 1032  adopted comprehensive plan with the plans of school boards and
 1033  other units of local government providing facilities and
 1034  services but not having regulatory authority over the use of
 1035  land. In addition, the intergovernmental coordination element
 1036  must describe joint processes for collaborative planning and
 1037  decisionmaking on population projections and public school
 1038  siting, the location and extension of public facilities subject
 1039  to concurrency, and siting facilities with countywide
 1040  significance, including locally unwanted land uses whose nature
 1041  and identity are established in an agreement.
 1042         3. Within 1 year after adopting their intergovernmental
 1043  coordination elements, each county, all the municipalities
 1044  within that county, the district school board, and any unit of
 1045  local government service providers in that county shall
 1046  establish by interlocal or other formal agreement executed by
 1047  all affected entities, the joint processes described in this
 1048  subparagraph consistent with their adopted intergovernmental
 1049  coordination elements. The element must:
 1050         a. Ensure that the local government addresses through
 1051  coordination mechanisms the impacts of development proposed in
 1052  the local comprehensive plan upon development in adjacent
 1053  municipalities, the county, adjacent counties, the region, and
 1054  the state. The area of concern for municipalities shall include
 1055  adjacent municipalities, the county, and counties adjacent to
 1056  the municipality. The area of concern for counties shall include
 1057  all municipalities within the county, adjacent counties, and
 1058  adjacent municipalities.
 1059         b. Ensure coordination in establishing level of service
 1060  standards for public facilities with any state, regional, or
 1061  local entity having operational and maintenance responsibility
 1062  for such facilities.
 1063         3. To foster coordination between special districts and
 1064  local general-purpose governments as local general-purpose
 1065  governments implement local comprehensive plans, each
 1066  independent special district must submit a public facilities
 1067  report to the appropriate local government as required by s.
 1068  189.415.
 1069         4. Local governments shall execute an interlocal agreement
 1070  with the district school board, the county, and nonexempt
 1071  municipalities pursuant to s. 163.31777. The local government
 1072  shall amend the intergovernmental coordination element to ensure
 1073  that coordination between the local government and school board
 1074  is pursuant to the agreement and shall state the obligations of
 1075  the local government under the agreement. Plan amendments that
 1076  comply with this subparagraph are exempt from the provisions of
 1077  s. 163.3187(1).
 1078         5. By January 1, 2004, any county having a population
 1079  greater than 100,000, and the municipalities and special
 1080  districts within that county, shall submit a report to the
 1081  Department of Community Affairs which identifies:
 1082         a.  All existing or proposed interlocal service delivery
 1083  agreements relating to education; sanitary sewer; public safety;
 1084  solid waste; drainage; potable water; parks and recreation; and
 1085  transportation facilities.
 1086         b.  Any deficits or duplication in the provision of
 1087  services within its jurisdiction, whether capital or
 1088  operational. Upon request, the Department of Community Affairs
 1089  shall provide technical assistance to the local governments in
 1090  identifying deficits or duplication.
 1091         6. Within 6 months after submission of the report, the
 1092  Department of Community Affairs shall, through the appropriate
 1093  regional planning council, coordinate a meeting of all local
 1094  governments within the regional planning area to discuss the
 1095  reports and potential strategies to remedy any identified
 1096  deficiencies or duplications.
 1097         7. Each local government shall update its intergovernmental
 1098  coordination element based upon the findings in the report
 1099  submitted pursuant to subparagraph 5. The report may be used as
 1100  supporting data and analysis for the intergovernmental
 1101  coordination element.
 1102         (i) The optional elements of the comprehensive plan in
 1103  paragraphs (7)(a) and (b) are required elements for those
 1104  municipalities having populations greater than 50,000, and those
 1105  counties having populations greater than 75,000, as determined
 1106  under s. 186.901.
 1107         (j) For each unit of local government within an urbanized
 1108  area designated for purposes of s. 339.175, a transportation
 1109  element, which must be prepared and adopted in lieu of the
 1110  requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
 1111  and (d) and which shall address the following issues:
 1112         1. Traffic circulation, including major thoroughfares and
 1113  other routes, including bicycle and pedestrian ways.
 1114         2. All alternative modes of travel, such as public
 1115  transportation, pedestrian, and bicycle travel.
 1116         3. Parking facilities.
 1117         4. Aviation, rail, seaport facilities, access to those
 1118  facilities, and intermodal terminals.
 1119         5. The availability of facilities and services to serve
 1120  existing land uses and the compatibility between future land use
 1121  and transportation elements.
 1122         6. The capability to evacuate the coastal population prior
 1123  to an impending natural disaster.
 1124         7. Airports, projected airport and aviation development,
 1125  and land use compatibility around airports, which includes areas
 1126  defined in ss. 333.01 and 333.02.
 1127         8. An identification of land use densities, building
 1128  intensities, and transportation management programs to promote
 1129  public transportation systems in designated public
 1130  transportation corridors so as to encourage population densities
 1131  sufficient to support such systems.
 1132         9. May include transportation corridors, as defined in s.
 1133  334.03, intended for future transportation facilities designated
 1134  pursuant to s. 337.273. If transportation corridors are
 1135  designated, the local government may adopt a transportation
 1136  corridor management ordinance.
 1137         10. The incorporation of transportation strategies to
 1138  address reduction in greenhouse gas emissions from the
 1139  transportation sector.
 1140         (k) An airport master plan, and any subsequent amendments
 1141  to the airport master plan, prepared by a licensed publicly
 1142  owned and operated airport under s. 333.06 may be incorporated
 1143  into the local government comprehensive plan by the local
 1144  government having jurisdiction under this act for the area in
 1145  which the airport or projected airport development is located by
 1146  the adoption of a comprehensive plan amendment. In the amendment
 1147  to the local comprehensive plan that integrates the airport
 1148  master plan, the comprehensive plan amendment shall address land
 1149  use compatibility consistent with chapter 333 regarding airport
 1150  zoning; the provision of regional transportation facilities for
 1151  the efficient use and operation of the transportation system and
 1152  airport; consistency with the local government transportation
 1153  circulation element and applicable metropolitan planning
 1154  organization long-range transportation plans; and the execution
 1155  of any necessary interlocal agreements for the purposes of the
 1156  provision of public facilities and services to maintain the
 1157  adopted level-of-service standards for facilities subject to
 1158  concurrency; and may address airport-related or aviation-related
 1159  development. Development or expansion of an airport consistent
 1160  with the adopted airport master plan that has been incorporated
 1161  into the local comprehensive plan in compliance with this part,
 1162  and airport-related or aviation-related development that has
 1163  been addressed in the comprehensive plan amendment that
 1164  incorporates the airport master plan, shall not be a development
 1165  of regional impact. Notwithstanding any other general law, an
 1166  airport that has received a development-of-regional-impact
 1167  development order pursuant to s. 380.06, but which is no longer
 1168  required to undergo development-of-regional-impact review
 1169  pursuant to this subsection, may abandon its development-of
 1170  regional-impact order upon written notification to the
 1171  applicable local government. Upon receipt by the local
 1172  government, the development-of-regional-impact development order
 1173  is void.
 1174         (7) The comprehensive plan may include the following
 1175  additional elements, or portions or phases thereof:
 1176         (a) As a part of the circulation element of paragraph
 1177  (6)(b) or as a separate element, a mass-transit element showing
 1178  proposed methods for the moving of people, rights-of-way,
 1179  terminals, related facilities, and fiscal considerations for the
 1180  accomplishment of the element.
 1181         (b) As a part of the circulation element of paragraph
 1182  (6)(b) or as a separate element, plans for port, aviation, and
 1183  related facilities coordinated with the general circulation and
 1184  transportation element.
 1185         (c) As a part of the circulation element of paragraph
 1186  (6)(b) and in coordination with paragraph (6)(e), where
 1187  applicable, a plan element for the circulation of recreational
 1188  traffic, including bicycle facilities, exercise trails, riding
 1189  facilities, and such other matters as may be related to the
 1190  improvement and safety of movement of all types of recreational
 1191  traffic.
 1192         (d) As a part of the circulation element of paragraph
 1193  (6)(b) or as a separate element, a plan element for the
 1194  development of offstreet parking facilities for motor vehicles
 1195  and the fiscal considerations for the accomplishment of the
 1196  element.
 1197         (e) A public buildings and related facilities element
 1198  showing locations and arrangements of civic and community
 1199  centers, public schools, hospitals, libraries, police and fire
 1200  stations, and other public buildings. This plan element should
 1201  show particularly how it is proposed to effect coordination with
 1202  governmental units, such as school boards or hospital
 1203  authorities, having public development and service
 1204  responsibilities, capabilities, and potential but not having
 1205  land development regulatory authority. This element may include
 1206  plans for architecture and landscape treatment of their grounds.
 1207         (f) A recommended community design element which may
 1208  consist of design recommendations for land subdivision,
 1209  neighborhood development and redevelopment, design of open space
 1210  locations, and similar matters to the end that such
 1211  recommendations may be available as aids and guides to
 1212  developers in the future planning and development of land in the
 1213  area.
 1214         (g) A general area redevelopment element consisting of
 1215  plans and programs for the redevelopment of slums and blighted
 1216  locations in the area and for community redevelopment, including
 1217  housing sites, business and industrial sites, public buildings
 1218  sites, recreational facilities, and other purposes authorized by
 1219  law.
 1220         (h) A safety element for the protection of residents and
 1221  property of the area from fire, hurricane, or manmade or natural
 1222  catastrophe, including such necessary features for protection as
 1223  evacuation routes and their control in an emergency, water
 1224  supply requirements, minimum road widths, clearances around and
 1225  elevations of structures, and similar matters.
 1226         (i) An historical and scenic preservation element setting
 1227  out plans and programs for those structures or lands in the area
 1228  having historical, archaeological, architectural, scenic, or
 1229  similar significance.
 1230         (j) An economic element setting forth principles and
 1231  guidelines for the commercial and industrial development, if
 1232  any, and the employment and personnel utilization within the
 1233  area. The element may detail the type of commercial and
 1234  industrial development sought, correlated to the present and
 1235  projected employment needs of the area and to other elements of
 1236  the plans, and may set forth methods by which a balanced and
 1237  stable economic base will be pursued.
 1238         (k) Such other elements as may be peculiar to, and
 1239  necessary for, the area concerned and as are added to the
 1240  comprehensive plan by the governing body upon the recommendation
 1241  of the local planning agency.
 1242         (l) Local governments that are not required to prepare
 1243  coastal management elements under s. 163.3178 are encouraged to
 1244  adopt hazard mitigation/postdisaster redevelopment plans. These
 1245  plans should, at a minimum, establish long-term policies
 1246  regarding redevelopment, infrastructure, densities,
 1247  nonconforming uses, and future land use patterns. Grants to
 1248  assist local governments in the preparation of these hazard
 1249  mitigation/postdisaster redevelopment plans shall be available
 1250  through the Emergency Management Preparedness and Assistance
 1251  Account in the Grants and Donations Trust Fund administered by
 1252  the department, if such account is created by law. The plans
 1253  must be in compliance with the requirements of this act and
 1254  chapter 252.
 1255         (8) All elements of the comprehensive plan, whether
 1256  mandatory or optional, shall be based upon data appropriate to
 1257  the element involved. Surveys and studies utilized in the
 1258  preparation of the comprehensive plan shall not be deemed a part
 1259  of the comprehensive plan unless adopted as a part of it. Copies
 1260  of such studies, surveys, and supporting documents shall be made
 1261  available to public inspection, and copies of such plans shall
 1262  be made available to the public upon payment of reasonable
 1263  charges for reproduction.
 1264         (9) The state land planning agency shall, by February 15,
 1265  1986, adopt by rule minimum criteria for the review and
 1266  determination of compliance of the local government
 1267  comprehensive plan elements required by this act. Such rules
 1268  shall not be subject to rule challenges under s. 120.56(2) or to
 1269  drawout proceedings under s. 120.54(3)(c)2. Such rules shall
 1270  become effective only after they have been submitted to the
 1271  President of the Senate and the Speaker of the House of
 1272  Representatives for review by the Legislature no later than 30
 1273  days prior to the next regular session of the Legislature. In
 1274  its review the Legislature may reject, modify, or take no action
 1275  relative to the rules. The agency shall conform the rules to the
 1276  changes made by the Legislature, or, if no action was taken, the
 1277  agency rules shall become effective. The rule shall include
 1278  criteria for determining whether:
 1279         (a) Proposed elements are in compliance with the
 1280  requirements of part II, as amended by this act.
 1281         (b) Other elements of the comprehensive plan are related to
 1282  and consistent with each other.
 1283         (c) The local government comprehensive plan elements are
 1284  consistent with the state comprehensive plan and the appropriate
 1285  regional policy plan pursuant to s. 186.508.
 1286         (d) Certain bays, estuaries, and harbors that fall under
 1287  the jurisdiction of more than one local government are managed
 1288  in a consistent and coordinated manner in the case of local
 1289  governments required to include a coastal management element in
 1290  their comprehensive plans pursuant to paragraph (6)(g).
 1291         (e) Proposed elements identify the mechanisms and
 1292  procedures for monitoring, evaluating, and appraising
 1293  implementation of the plan. Specific measurable objectives are
 1294  included to provide a basis for evaluating effectiveness as
 1295  required by s. 163.3191.
 1296         (f) Proposed elements contain policies to guide future
 1297  decisions in a consistent manner.
 1298         (g) Proposed elements contain programs and activities to
 1299  ensure that comprehensive plans are implemented.
 1300         (h) Proposed elements identify the need for and the
 1301  processes and procedures to ensure coordination of all
 1302  development activities and services with other units of local
 1303  government, regional planning agencies, water management
 1304  districts, and state and federal agencies as appropriate.
 1305  
 1306         The state land planning agency may adopt procedural rules
 1307  that are consistent with this section and chapter 120 for the
 1308  review of local government comprehensive plan elements required
 1309  under this section. The state land planning agency shall provide
 1310  model plans and ordinances and, upon request, other assistance
 1311  to local governments in the adoption and implementation of their
 1312  revised local government comprehensive plans. The review and
 1313  comment provisions applicable prior to October 1, 1985, shall
 1314  continue in effect until the criteria for review and
 1315  determination are adopted pursuant to this subsection and the
 1316  comprehensive plans required by s. 163.3167(2) are due.
 1317         (10) The Legislature recognizes the importance and
 1318  significance of chapter 9J-5, Florida Administrative Code, the
 1319  Minimum Criteria for Review of Local Government Comprehensive
 1320  Plans and Determination of Compliance of the Department of
 1321  Community Affairs that will be used to determine compliance of
 1322  local comprehensive plans. The Legislature reserved unto itself
 1323  the right to review chapter 9J-5, Florida Administrative Code,
 1324  and to reject, modify, or take no action relative to this rule.
 1325  Therefore, pursuant to subsection (9), the Legislature hereby
 1326  has reviewed chapter 9J-5, Florida Administrative Code, and
 1327  expresses the following legislative intent:
 1328         (a) The Legislature finds that in order for the department
 1329  to review local comprehensive plans, it is necessary to define
 1330  the term “consistency.” Therefore, for the purpose of
 1331  determining whether local comprehensive plans are consistent
 1332  with the state comprehensive plan and the appropriate regional
 1333  policy plan, a local plan shall be consistent with such plans if
 1334  the local plan is “compatible with” and “furthers” such plans.
 1335  The term “compatible with” means that the local plan is not in
 1336  conflict with the state comprehensive plan or appropriate
 1337  regional policy plan. The term “furthers” means to take action
 1338  in the direction of realizing goals or policies of the state or
 1339  regional plan. For the purposes of determining consistency of
 1340  the local plan with the state comprehensive plan or the
 1341  appropriate regional policy plan, the state or regional plan
 1342  shall be construed as a whole and no specific goal and policy
 1343  shall be construed or applied in isolation from the other goals
 1344  and policies in the plans.
 1345         (b) Each local government shall review all the state
 1346  comprehensive plan goals and policies and shall address in its
 1347  comprehensive plan the goals and policies which are relevant to
 1348  the circumstances or conditions in its jurisdiction. The
 1349  decision regarding which particular state comprehensive plan
 1350  goals and policies will be furthered by the expenditure of a
 1351  local government’s financial resources in any given year is a
 1352  decision which rests solely within the discretion of the local
 1353  government. Intergovernmental coordination, as set forth in
 1354  paragraph (6)(h), shall be utilized to the extent required to
 1355  carry out the provisions of chapter 9J-5, Florida Administrative
 1356  Code.
 1357         (c) The Legislature declares that if any portion of chapter
 1358  9J-5, Florida Administrative Code, is found to be in conflict
 1359  with this part, the appropriate statutory provision shall
 1360  prevail.
 1361         (d) Chapter 9J-5, Florida Administrative Code, does not
 1362  mandate the creation, limitation, or elimination of regulatory
 1363  authority, nor does it authorize the adoption or require the
 1364  repeal of any rules, criteria, or standards of any local,
 1365  regional, or state agency.
 1366         (e) It is the Legislature’s intent that support data or
 1367  summaries thereof shall not be subject to the compliance review
 1368  process, but the Legislature intends that goals and policies be
 1369  clearly based on appropriate data. The department may utilize
 1370  support data or summaries thereof to aid in its determination of
 1371  compliance and consistency. The Legislature intends that the
 1372  department may evaluate the application of a methodology
 1373  utilized in data collection or whether a particular methodology
 1374  is professionally accepted. However, the department shall not
 1375  evaluate whether one accepted methodology is better than
 1376  another. Chapter 9J-5, Florida Administrative Code, shall not be
 1377  construed to require original data collection by local
 1378  governments; however, Local governments are not to be
 1379  discouraged from utilizing original data so long as
 1380  methodologies are professionally accepted.
 1381         (f) The Legislature recognizes that under this section,
 1382  local governments are charged with setting levels of service for
 1383  public facilities in their comprehensive plans in accordance
 1384  with which development orders and permits will be issued
 1385  pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
 1386  the authority of state, regional, or local agencies as otherwise
 1387  provided by law.
 1388         (g) Definitions contained in chapter 9J-5, Florida
 1389  Administrative Code, are not intended to modify or amend the
 1390  definitions utilized for purposes of other programs or rules or
 1391  to establish or limit regulatory authority. Local governments
 1392  may establish alternative definitions in local comprehensive
 1393  plans, as long as such definitions accomplish the intent of this
 1394  chapter, and chapter 9J-5, Florida Administrative Code.
 1395         (h) It is the intent of the Legislature that public
 1396  facilities and services needed to support development shall be
 1397  available concurrent with the impacts of such development in
 1398  accordance with s. 163.3180. In meeting this intent, public
 1399  facility and service availability shall be deemed sufficient if
 1400  the public facilities and services for a development are phased,
 1401  or the development is phased, so that the public facilities and
 1402  those related services which are deemed necessary by the local
 1403  government to operate the facilities necessitated by that
 1404  development are available concurrent with the impacts of the
 1405  development. The public facilities and services, unless already
 1406  available, are to be consistent with the capital improvements
 1407  element of the local comprehensive plan as required by paragraph
 1408  (3)(a) or guaranteed in an enforceable development agreement.
 1409  This shall include development agreements pursuant to this
 1410  chapter or in an agreement or a development order issued
 1411  pursuant to chapter 380. Nothing herein shall be construed to
 1412  require a local government to address services in its capital
 1413  improvements plan or to limit a local government’s ability to
 1414  address any service in its capital improvements plan that it
 1415  deems necessary.
 1416         (i) The department shall take into account the factors
 1417  delineated in rule 9J-5.002(2), Florida Administrative Code, as
 1418  it provides assistance to local governments and applies the rule
 1419  in specific situations with regard to the detail of the data and
 1420  analysis required.
 1421         (j) Chapter 9J-5, Florida Administrative Code, has become
 1422  effective pursuant to subsection (9). The Legislature hereby
 1423  directs the department to adopt amendments as necessary which
 1424  conform chapter 9J-5, Florida Administrative Code, with the
 1425  requirements of this legislative intent by October 1, 1986.
 1426         (k) In order for local governments to prepare and adopt
 1427  comprehensive plans with knowledge of the rules that are applied
 1428  to determine consistency of the plans with this part, there
 1429  should be no doubt as to the legal standing of chapter 9J-5,
 1430  Florida Administrative Code, at the close of the 1986
 1431  legislative session. Therefore, the Legislature declares that
 1432  changes made to chapter 9J-5 before October 1, 1986, are not
 1433  subject to rule challenges under s. 120.56(2), or to drawout
 1434  proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
 1435  Florida Administrative Code, as amended, is subject to rule
 1436  challenges under s. 120.56(3), as nothing herein indicates
 1437  approval or disapproval of any portion of chapter 9J-5 not
 1438  specifically addressed herein. Any amendments to chapter 9J-5,
 1439  Florida Administrative Code, exclusive of the amendments adopted
 1440  prior to October 1, 1986, pursuant to this act, shall be subject
 1441  to the full chapter 120 process. All amendments shall have
 1442  effective dates as provided in chapter 120 and submission to the
 1443  President of the Senate and Speaker of the House of
 1444  Representatives shall not be required.
 1445         (l) The state land planning agency shall consider land use
 1446  compatibility issues in the vicinity of all airports in
 1447  coordination with the Department of Transportation and adjacent
 1448  to or in close proximity to all military installations in
 1449  coordination with the Department of Defense.
 1450         (11)(a) The Legislature recognizes the need for innovative
 1451  planning and development strategies which will address the
 1452  anticipated demands of continued urbanization of Florida’s
 1453  coastal and other environmentally sensitive areas, and which
 1454  will accommodate the development of less populated regions of
 1455  the state which seek economic development and which have
 1456  suitable land and water resources to accommodate growth in an
 1457  environmentally acceptable manner. The Legislature further
 1458  recognizes the substantial advantages of innovative approaches
 1459  to development which may better serve to protect environmentally
 1460  sensitive areas, maintain the economic viability of agricultural
 1461  and other predominantly rural land uses, and provide for the
 1462  cost-efficient delivery of public facilities and services.
 1463         (b) It is the intent of the Legislature that the local
 1464  government comprehensive plans and plan amendments adopted
 1465  pursuant to the provisions of this part provide for a planning
 1466  process which allows for land use efficiencies within existing
 1467  urban areas and which also allows for the conversion of rural
 1468  lands to other uses, where appropriate and consistent with the
 1469  other provisions of this part and the affected local
 1470  comprehensive plans, through the application of innovative and
 1471  flexible planning and development strategies and creative land
 1472  use planning techniques, which may include, but not be limited
 1473  to, urban villages, new towns, satellite communities, area-based
 1474  allocations, clustering and open space provisions, mixed-use
 1475  development, and sector planning.
 1476         (c) It is the further intent of the Legislature that local
 1477  government comprehensive plans and implementing land development
 1478  regulations shall provide strategies which maximize the use of
 1479  existing facilities and services through redevelopment, urban
 1480  infill development, and other strategies for urban
 1481  revitalization.
 1482         (d)1. The department, in cooperation with the Department of
 1483  Agriculture and Consumer Services, the Department of
 1484  Environmental Protection, water management districts, and
 1485  regional planning councils, shall provide assistance to local
 1486  governments in the implementation of this paragraph and rule 9J
 1487  5.006(5)(l), Florida Administrative Code. Implementation of
 1488  those provisions shall include a process by which the department
 1489  may authorize local governments to designate all or portions of
 1490  lands classified in the future land use element as predominantly
 1491  agricultural, rural, open, open-rural, or a substantively
 1492  equivalent land use, as a rural land stewardship area within
 1493  which planning and economic incentives are applied to encourage
 1494  the implementation of innovative and flexible planning and
 1495  development strategies and creative land use planning
 1496  techniques, including those contained herein and in rule 9J
 1497  5.006(5)(l), Florida Administrative Code. Assistance may
 1498  include, but is not limited to:
 1499         a. Assistance from the Department of Environmental
 1500  Protection and water management districts in creating the
 1501  geographic information systems land cover database and aerial
 1502  photogrammetry needed to prepare for a rural land stewardship
 1503  area;
 1504         b. Support for local government implementation of rural
 1505  land stewardship concepts by providing information and
 1506  assistance to local governments regarding land acquisition
 1507  programs that may be used by the local government or landowners
 1508  to leverage the protection of greater acreage and maximize the
 1509  effectiveness of rural land stewardship areas; and
 1510         c. Expansion of the role of the Department of Community
 1511  Affairs as a resource agency to facilitate establishment of
 1512  rural land stewardship areas in smaller rural counties that do
 1513  not have the staff or planning budgets to create a rural land
 1514  stewardship area.
 1515         2. The department shall encourage participation by local
 1516  governments of different sizes and rural characteristics in
 1517  establishing and implementing rural land stewardship areas. It
 1518  is the intent of the Legislature that rural land stewardship
 1519  areas be used to further the following broad principles of rural
 1520  sustainability: restoration and maintenance of the economic
 1521  value of rural land; control of urban sprawl; identification and
 1522  protection of ecosystems, habitats, and natural resources;
 1523  promotion of rural economic activity; maintenance of the
 1524  viability of Florida’s agricultural economy; and protection of
 1525  the character of rural areas of Florida. Rural land stewardship
 1526  areas may be multicounty in order to encourage coordinated
 1527  regional stewardship planning.
 1528         3. A local government, in conjunction with a regional
 1529  planning council, a stakeholder organization of private land
 1530  owners, or another local government, shall notify the department
 1531  in writing of its intent to designate a rural land stewardship
 1532  area. The written notification shall describe the basis for the
 1533  designation, including the extent to which the rural land
 1534  stewardship area enhances rural land values, controls urban
 1535  sprawl, provides necessary open space for agriculture and
 1536  protection of the natural environment, promotes rural economic
 1537  activity, and maintains rural character and the economic
 1538  viability of agriculture.
 1539         4. A rural land stewardship area shall be not less than
 1540  10,000 acres and shall be located outside of municipalities and
 1541  established urban growth boundaries, and shall be designated by
 1542  plan amendment. The plan amendment designating a rural land
 1543  stewardship area shall be subject to review by the Department of
 1544  Community Affairs pursuant to s. 163.3184 and shall provide for
 1545  the following:
 1546         a. Criteria for the designation of receiving areas within
 1547  rural land stewardship areas in which innovative planning and
 1548  development strategies may be applied. Criteria shall at a
 1549  minimum provide for the following: adequacy of suitable land to
 1550  accommodate development so as to avoid conflict with
 1551  environmentally sensitive areas, resources, and habitats;
 1552  compatibility between and transition from higher density uses to
 1553  lower intensity rural uses; the establishment of receiving area
 1554  service boundaries which provide for a separation between
 1555  receiving areas and other land uses within the rural land
 1556  stewardship area through limitations on the extension of
 1557  services; and connection of receiving areas with the rest of the
 1558  rural land stewardship area using rural design and rural road
 1559  corridors.
 1560         b. Goals, objectives, and policies setting forth the
 1561  innovative planning and development strategies to be applied
 1562  within rural land stewardship areas pursuant to the provisions
 1563  of this section.
 1564         c. A process for the implementation of innovative planning
 1565  and development strategies within the rural land stewardship
 1566  area, including those described in this subsection and rule 9J
 1567  5.006(5)(l), Florida Administrative Code, which provide for a
 1568  functional mix of land uses, including adequate available
 1569  workforce housing, including low, very-low and moderate income
 1570  housing for the development anticipated in the receiving area
 1571  and which are applied through the adoption by the local
 1572  government of zoning and land development regulations applicable
 1573  to the rural land stewardship area.
 1574         d. A process which encourages visioning pursuant to s.
 1575  163.3167(11) to ensure that innovative planning and development
 1576  strategies comply with the provisions of this section.
 1577         e. The control of sprawl through the use of innovative
 1578  strategies and creative land use techniques consistent with the
 1579  provisions of this subsection and rule 9J-5.006(5)(l), Florida
 1580  Administrative Code.
 1581         5. A receiving area shall be designated by the adoption of
 1582  a land development regulation. Prior to the designation of a
 1583  receiving area, the local government shall provide the
 1584  Department of Community Affairs a period of 30 days in which to
 1585  review a proposed receiving area for consistency with the rural
 1586  land stewardship area plan amendment and to provide comments to
 1587  the local government. At the time of designation of a
 1588  stewardship receiving area, a listed species survey will be
 1589  performed. If listed species occur on the receiving area site,
 1590  the developer shall coordinate with each appropriate local,
 1591  state, or federal agency to determine if adequate provisions
 1592  have been made to protect those species in accordance with
 1593  applicable regulations. In determining the adequacy of
 1594  provisions for the protection of listed species and their
 1595  habitats, the rural land stewardship area shall be considered as
 1596  a whole, and the impacts to areas to be developed as receiving
 1597  areas shall be considered together with the environmental
 1598  benefits of areas protected as sending areas in fulfilling this
 1599  criteria.
 1600         6. Upon the adoption of a plan amendment creating a rural
 1601  land stewardship area, the local government shall, by ordinance,
 1602  establish the methodology for the creation, conveyance, and use
 1603  of transferable rural land use credits, otherwise referred to as
 1604  stewardship credits, the application of which shall not
 1605  constitute a right to develop land, nor increase density of
 1606  land, except as provided by this section. The total amount of
 1607  transferable rural land use credits within the rural land
 1608  stewardship area must enable the realization of the long-term
 1609  vision and goals for the 25-year or greater projected population
 1610  of the rural land stewardship area, which may take into
 1611  consideration the anticipated effect of the proposed receiving
 1612  areas. Transferable rural land use credits are subject to the
 1613  following limitations:
 1614         a. Transferable rural land use credits may only exist
 1615  within a rural land stewardship area.
 1616         b. Transferable rural land use credits may only be used on
 1617  lands designated as receiving areas and then solely for the
 1618  purpose of implementing innovative planning and development
 1619  strategies and creative land use planning techniques adopted by
 1620  the local government pursuant to this section.
 1621         c. Transferable rural land use credits assigned to a parcel
 1622  of land within a rural land stewardship area shall cease to
 1623  exist if the parcel of land is removed from the rural land
 1624  stewardship area by plan amendment.
 1625         d. Neither the creation of the rural land stewardship area
 1626  by plan amendment nor the assignment of transferable rural land
 1627  use credits by the local government shall operate to displace
 1628  the underlying density of land uses assigned to a parcel of land
 1629  within the rural land stewardship area; however, if transferable
 1630  rural land use credits are transferred from a parcel for use
 1631  within a designated receiving area, the underlying density
 1632  assigned to the parcel of land shall cease to exist.
 1633         e. The underlying density on each parcel of land located
 1634  within a rural land stewardship area shall not be increased or
 1635  decreased by the local government, except as a result of the
 1636  conveyance or use of transferable rural land use credits, as
 1637  long as the parcel remains within the rural land stewardship
 1638  area.
 1639         f. Transferable rural land use credits shall cease to exist
 1640  on a parcel of land where the underlying density assigned to the
 1641  parcel of land is utilized.
 1642         g. An increase in the density of use on a parcel of land
 1643  located within a designated receiving area may occur only
 1644  through the assignment or use of transferable rural land use
 1645  credits and shall not require a plan amendment.
 1646         h. A change in the density of land use on parcels located
 1647  within receiving areas shall be specified in a development order
 1648  which reflects the total number of transferable rural land use
 1649  credits assigned to the parcel of land and the infrastructure
 1650  and support services necessary to provide for a functional mix
 1651  of land uses corresponding to the plan of development.
 1652         i. Land within a rural land stewardship area may be removed
 1653  from the rural land stewardship area through a plan amendment.
 1654         j. Transferable rural land use credits may be assigned at
 1655  different ratios of credits per acre according to the natural
 1656  resource or other beneficial use characteristics of the land and
 1657  according to the land use remaining following the transfer of
 1658  credits, with the highest number of credits per acre assigned to
 1659  the most environmentally valuable land or, in locations where
 1660  the retention of open space and agricultural land is a priority,
 1661  to such lands.
 1662         k. The use or conveyance of transferable rural land use
 1663  credits must be recorded in the public records of the county in
 1664  which the property is located as a covenant or restrictive
 1665  easement running with the land in favor of the county and either
 1666  the Department of Environmental Protection, Department of
 1667  Agriculture and Consumer Services, a water management district,
 1668  or a recognized statewide land trust.
 1669         7. Owners of land within rural land stewardship areas
 1670  should be provided incentives to enter into rural land
 1671  stewardship agreements, pursuant to existing law and rules
 1672  adopted thereto, with state agencies, water management
 1673  districts, and local governments to achieve mutually agreed upon
 1674  conservation objectives. Such incentives may include, but not be
 1675  limited to, the following:
 1676         a. Opportunity to accumulate transferable mitigation
 1677  credits.
 1678         b. Extended permit agreements.
 1679         c. Opportunities for recreational leases and ecotourism.
 1680         d. Payment for specified land management services on
 1681  publicly owned land, or property under covenant or restricted
 1682  easement in favor of a public entity.
 1683         e. Option agreements for sale to public entities or private
 1684  land conservation entities, in either fee or easement, upon
 1685  achievement of conservation objectives.
 1686         8. The department shall report to the Legislature on an
 1687  annual basis on the results of implementation of rural land
 1688  stewardship areas authorized by the department, including
 1689  successes and failures in achieving the intent of the
 1690  Legislature as expressed in this paragraph.
 1691         (e) The Legislature finds that mixed-use, high-density
 1692  development is appropriate for urban infill and redevelopment
 1693  areas. Mixed-use projects accommodate a variety of uses,
 1694  including residential and commercial, and usually at higher
 1695  densities that promote pedestrian-friendly, sustainable
 1696  communities. The Legislature recognizes that mixed-use, high
 1697  density development improves the quality of life for residents
 1698  and businesses in urban areas. The Legislature finds that mixed
 1699  use, high-density redevelopment and infill benefits residents by
 1700  creating a livable community with alternative modes of
 1701  transportation. Furthermore, the Legislature finds that local
 1702  zoning ordinances often discourage mixed-use, high-density
 1703  development in areas that are appropriate for urban infill and
 1704  redevelopment. The Legislature intends to discourage single-use
 1705  zoning in urban areas which often leads to lower-density, land
 1706  intensive development outside an urban service area. Therefore,
 1707  the Department of Community Affairs shall provide technical
 1708  assistance to local governments in order to encourage mixed-use,
 1709  high-density urban infill and redevelopment projects.
 1710         (f) The Legislature finds that a program for the transfer
 1711  of development rights is a useful tool to preserve historic
 1712  buildings and create public open spaces in urban areas. A
 1713  program for the transfer of development rights allows the
 1714  transfer of density credits from historic properties and public
 1715  open spaces to areas designated for high-density development.
 1716  The Legislature recognizes that high-density development is
 1717  integral to the success of many urban infill and redevelopment
 1718  projects. The Legislature intends to encourage high-density
 1719  urban infill and redevelopment while preserving historic
 1720  structures and open spaces. Therefore, the Department of
 1721  Community Affairs shall provide technical assistance to local
 1722  governments in order to promote the transfer of development
 1723  rights within urban areas for high-density infill and
 1724  redevelopment projects.
 1725         (g) The implementation of this subsection shall be subject
 1726  to the provisions of this chapter, chapters 186 and 187, and
 1727  applicable agency rules.
 1728         (h) The department may adopt rules necessary to implement
 1729  the provisions of this subsection.
 1730         (12) A public school facilities element adopted to
 1731  implement a school concurrency program shall meet the
 1732  requirements of this subsection. Each county and each
 1733  municipality within the county, unless exempt or subject to a
 1734  waiver, must adopt a public school facilities element that is
 1735  consistent with those adopted by the other local governments
 1736  within the county and enter the interlocal agreement pursuant to
 1737  s. 163.31777.
 1738         (a) The state land planning agency may provide a waiver to
 1739  a county and to the municipalities within the county if the
 1740  capacity rate for all schools within the school district is no
 1741  greater than 100 percent and the projected 5-year capital outlay
 1742  full-time equivalent student growth rate is less than 10
 1743  percent. The state land planning agency may allow for a
 1744  projected 5-year capital outlay full-time equivalent student
 1745  growth rate to exceed 10 percent when the projected 10-year
 1746  capital outlay full-time equivalent student enrollment is less
 1747  than 2,000 students and the capacity rate for all schools within
 1748  the school district in the tenth year will not exceed the 100
 1749  percent limitation. The state land planning agency may allow for
 1750  a single school to exceed the 100-percent limitation if it can
 1751  be demonstrated that the capacity rate for that single school is
 1752  not greater than 105 percent. In making this determination, the
 1753  state land planning agency shall consider the following
 1754  criteria:
 1755         1. Whether the exceedance is due to temporary
 1756  circumstances;
 1757         2. Whether the projected 5-year capital outlay full time
 1758  equivalent student growth rate for the school district is
 1759  approaching the 10-percent threshold;
 1760         3. Whether one or more additional schools within the school
 1761  district are at or approaching the 100-percent threshold; and
 1762         4. The adequacy of the data and analysis submitted to
 1763  support the waiver request.
 1764         (b) A municipality in a nonexempt county is exempt if the
 1765  municipality meets all of the following criteria for having no
 1766  significant impact on school attendance:
 1767         1. The municipality has issued development orders for fewer
 1768  than 50 residential dwelling units during the preceding 5 years,
 1769  or the municipality has generated fewer than 25 additional
 1770  public school students during the preceding 5 years.
 1771         2. The municipality has not annexed new land during the
 1772  preceding 5 years in land use categories that permit residential
 1773  uses that will affect school attendance rates.
 1774         3. The municipality has no public schools located within
 1775  its boundaries.
 1776         (c) A public school facilities element shall be based upon
 1777  data and analyses that address, among other items, how level-of
 1778  service standards will be achieved and maintained. Such data and
 1779  analyses must include, at a minimum, such items as: the
 1780  interlocal agreement adopted pursuant to s. 163.31777 and the 5
 1781  year school district facilities work program adopted pursuant to
 1782  s. 1013.35; the educational plant survey prepared pursuant to s.
 1783  1013.31 and an existing educational and ancillary plant map or
 1784  map series; information on existing development and development
 1785  anticipated for the next 5 years and the long-term planning
 1786  period; an analysis of problems and opportunities for existing
 1787  schools and schools anticipated in the future; an analysis of
 1788  opportunities to collocate future schools with other public
 1789  facilities such as parks, libraries, and community centers; an
 1790  analysis of the need for supporting public facilities for
 1791  existing and future schools; an analysis of opportunities to
 1792  locate schools to serve as community focal points; projected
 1793  future population and associated demographics, including
 1794  development patterns year by year for the upcoming 5-year and
 1795  long-term planning periods; and anticipated educational and
 1796  ancillary plants with land area requirements.
 1797         (d) The element shall contain one or more goals which
 1798  establish the long-term end toward which public school programs
 1799  and activities are ultimately directed.
 1800         (e) The element shall contain one or more objectives for
 1801  each goal, setting specific, measurable, intermediate ends that
 1802  are achievable and mark progress toward the goal.
 1803         (f) The element shall contain one or more policies for each
 1804  objective which establish the way in which programs and
 1805  activities will be conducted to achieve an identified goal.
 1806         (g) The objectives and policies shall address items such
 1807  as:
 1808         1. The procedure for an annual update process;
 1809         2. The procedure for school site selection;
 1810         3. The procedure for school permitting;
 1811         4. Provision for infrastructure necessary to support
 1812  proposed schools, including potable water, wastewater, drainage,
 1813  solid waste, transportation, and means by which to assure safe
 1814  access to schools, including sidewalks, bicycle paths, turn
 1815  lanes, and signalization;
 1816         5. Provision for colocation of other public facilities,
 1817  such as parks, libraries, and community centers, in proximity to
 1818  public schools;
 1819         6. Provision for location of schools proximate to
 1820  residential areas and to complement patterns of development,
 1821  including the location of future school sites so they serve as
 1822  community focal points;
 1823         7. Measures to ensure compatibility of school sites and
 1824  surrounding land uses;
 1825         8. Coordination with adjacent local governments and the
 1826  school district on emergency preparedness issues, including the
 1827  use of public schools to serve as emergency shelters; and
 1828         9. Coordination with the future land use element.
 1829         (h) The element shall include one or more future conditions
 1830  maps which depict the anticipated location of educational and
 1831  ancillary plants, including the general location of improvements
 1832  to existing schools or new schools anticipated over the 5-year
 1833  or long-term planning period. The maps will of necessity be
 1834  general for the long-term planning period and more specific for
 1835  the 5-year period. Maps indicating general locations of future
 1836  schools or school improvements may not prescribe a land use on a
 1837  particular parcel of land.
 1838         (i) The state land planning agency shall establish a phased
 1839  schedule for adoption of the public school facilities element
 1840  and the required updates to the public schools interlocal
 1841  agreement pursuant to s. 163.31777. The schedule shall provide
 1842  for each county and local government within the county to adopt
 1843  the element and update to the agreement no later than December
 1844  1, 2008. Plan amendments to adopt a public school facilities
 1845  element are exempt from the provisions of s. 163.3187(1).
 1846         (j) The state land planning agency may issue a notice to
 1847  the school board and the local government to show cause why
 1848  sanctions should not be enforced for failure to enter into an
 1849  approved interlocal agreement as required by s. 163.31777 or for
 1850  failure to implement provisions relating to public school
 1851  concurrency. If the state land planning agency finds that
 1852  insufficient cause exists for the school board’s or local
 1853  government’s failure to enter into an approved interlocal
 1854  agreement as required by s. 163.31777 or for the school board’s
 1855  or local government’s failure to implement the provisions
 1856  relating to public school concurrency, the state land planning
 1857  agency shall submit its finding to the Administration Commission
 1858  which may impose on the local government any of the sanctions
 1859  set forth in s. 163.3184(11)(a) and (b) and may impose on the
 1860  district school board any of the sanctions set forth in s.
 1861  1008.32(4).
 1862         (13) Local governments are encouraged to develop a
 1863  community vision that provides for sustainable growth,
 1864  recognizes its fiscal constraints, and protects its natural
 1865  resources. At the request of a local government, the applicable
 1866  regional planning council shall provide assistance in the
 1867  development of a community vision.
 1868         (a) As part of the process of developing a community vision
 1869  under this section, the local government must hold two public
 1870  meetings with at least one of those meetings before the local
 1871  planning agency. Before those public meetings, the local
 1872  government must hold at least one public workshop with
 1873  stakeholder groups such as neighborhood associations, community
 1874  organizations, businesses, private property owners, housing and
 1875  development interests, and environmental organizations.
 1876         (b) The local government must, at a minimum, discuss five
 1877  of the following topics as part of the workshops and public
 1878  meetings required under paragraph (a):
 1879         1. Future growth in the area using population forecasts
 1880  from the Bureau of Economic and Business Research;
 1881         2. Priorities for economic development;
 1882         3. Preservation of open space, environmentally sensitive
 1883  lands, and agricultural lands;
 1884         4. Appropriate areas and standards for mixed-use
 1885  development;
 1886         5. Appropriate areas and standards for high-density
 1887  commercial and residential development;
 1888         6. Appropriate areas and standards for economic development
 1889  opportunities and employment centers;
 1890         7. Provisions for adequate workforce housing;
 1891         8. An efficient, interconnected multimodal transportation
 1892  system; and
 1893         9. Opportunities to create land use patterns that
 1894  accommodate the issues listed in subparagraphs 1.-8.
 1895         (c) As part of the workshops and public meetings, the local
 1896  government must discuss strategies for addressing the topics
 1897  discussed under paragraph (b), including:
 1898         1. Strategies to preserve open space and environmentally
 1899  sensitive lands, and to encourage a healthy agricultural
 1900  economy, including innovative planning and development
 1901  strategies, such as the transfer of development rights;
 1902         2. Incentives for mixed-use development, including
 1903  increased height and intensity standards for buildings that
 1904  provide residential use in combination with office or commercial
 1905  space;
 1906         3. Incentives for workforce housing;
 1907         4. Designation of an urban service boundary pursuant to
 1908  subsection (2); and
 1909         5. Strategies to provide mobility within the community and
 1910  to protect the Strategic Intermodal System, including the
 1911  development of a transportation corridor management plan under
 1912  s. 337.273.
 1913         (d) The community vision must reflect the community’s
 1914  shared concept for growth and development of the community,
 1915  including visual representations depicting the desired land use
 1916  patterns and character of the community during a 10-year
 1917  planning timeframe. The community vision must also take into
 1918  consideration economic viability of the vision and private
 1919  property interests.
 1920         (e) After the workshops and public meetings required under
 1921  paragraph (a) are held, the local government may amend its
 1922  comprehensive plan to include the community vision as a
 1923  component in the plan. This plan amendment must be transmitted
 1924  and adopted pursuant to the procedures in ss. 163.3184 and
 1925  163.3189 at public hearings of the governing body other than
 1926  those identified in paragraph (a).
 1927         (f) Amendments submitted under this subsection are exempt
 1928  from the limitation on the frequency of plan amendments in s.
 1929  163.3187.
 1930         (g) A local government that has developed a community
 1931  vision or completed a visioning process after July 1, 2000, and
 1932  before July 1, 2005, which substantially accomplishes the goals
 1933  set forth in this subsection and the appropriate goals,
 1934  policies, or objectives have been adopted as part of the
 1935  comprehensive plan or reflected in subsequently adopted land
 1936  development regulations and the plan amendment incorporating the
 1937  community vision as a component has been found in compliance is
 1938  eligible for the incentives in s. 163.3184(17).
 1939         (14) Local governments are also encouraged to designate an
 1940  urban service boundary. This area must be appropriate for
 1941  compact, contiguous urban development within a 10-year planning
 1942  timeframe. The urban service area boundary must be identified on
 1943  the future land use map or map series. The local government
 1944  shall demonstrate that the land included within the urban
 1945  service boundary is served or is planned to be served with
 1946  adequate public facilities and services based on the local
 1947  government’s adopted level-of-service standards by adopting a
 1948  10-year facilities plan in the capital improvements element
 1949  which is financially feasible. The local government shall
 1950  demonstrate that the amount of land within the urban service
 1951  boundary does not exceed the amount of land needed to
 1952  accommodate the projected population growth at densities
 1953  consistent with the adopted comprehensive plan within the 10
 1954  year planning timeframe.
 1955         (a) As part of the process of establishing an urban service
 1956  boundary, the local government must hold two public meetings
 1957  with at least one of those meetings before the local planning
 1958  agency. Before those public meetings, the local government must
 1959  hold at least one public workshop with stakeholder groups such
 1960  as neighborhood associations, community organizations,
 1961  businesses, private property owners, housing and development
 1962  interests, and environmental organizations.
 1963         (b)1. After the workshops and public meetings required
 1964  under paragraph (a) are held, the local government may amend its
 1965  comprehensive plan to include the urban service boundary. This
 1966  plan amendment must be transmitted and adopted pursuant to the
 1967  procedures in ss. 163.3184 and 163.3189 at meetings of the
 1968  governing body other than those required under paragraph (a).
 1969         2. This subsection does not prohibit new development
 1970  outside an urban service boundary. However, a local government
 1971  that establishes an urban service boundary under this subsection
 1972  is encouraged to require a full-cost-accounting analysis for any
 1973  new development outside the boundary and to consider the results
 1974  of that analysis when adopting a plan amendment for property
 1975  outside the established urban service boundary.
 1976         (c) Amendments submitted under this subsection are exempt
 1977  from the limitation on the frequency of plan amendments in s.
 1978  163.3187.
 1979         (d) A local government that has adopted an urban service
 1980  boundary before July 1, 2005, which substantially accomplishes
 1981  the goals set forth in this subsection is not required to comply
 1982  with paragraph (a) or subparagraph 1. of paragraph (b) in order
 1983  to be eligible for the incentives under s. 163.3184(17). In
 1984  order to satisfy the provisions of this paragraph, the local
 1985  government must secure a determination from the state land
 1986  planning agency that the urban service boundary adopted before
 1987  July 1, 2005, substantially complies with the criteria of this
 1988  subsection, based on data and analysis submitted by the local
 1989  government to support this determination. The determination by
 1990  the state land planning agency is not subject to administrative
 1991  challenge.
 1992         (7)(15)(a) The Legislature finds that:
 1993         1. There are a number of rural agricultural industrial
 1994  centers in the state that process, produce, or aid in the
 1995  production or distribution of a variety of agriculturally based
 1996  products, including, but not limited to, fruits, vegetables,
 1997  timber, and other crops, and juices, paper, and building
 1998  materials. Rural agricultural industrial centers have a
 1999  significant amount of existing associated infrastructure that is
 2000  used for processing, producing, or distributing agricultural
 2001  products.
 2002         2. Such rural agricultural industrial centers are often
 2003  located within or near communities in which the economy is
 2004  largely dependent upon agriculture and agriculturally based
 2005  products. The centers significantly enhance the economy of such
 2006  communities. However, these agriculturally based communities are
 2007  often socioeconomically challenged and designated as rural areas
 2008  of critical economic concern. If such rural agricultural
 2009  industrial centers are lost and not replaced with other job
 2010  creating enterprises, the agriculturally based communities will
 2011  lose a substantial amount of their economies.
 2012         3. The state has a compelling interest in preserving the
 2013  viability of agriculture and protecting rural agricultural
 2014  communities and the state from the economic upheaval that would
 2015  result from short-term or long-term adverse changes in the
 2016  agricultural economy. To protect these communities and promote
 2017  viable agriculture for the long term, it is essential to
 2018  encourage and permit diversification of existing rural
 2019  agricultural industrial centers by providing for jobs that are
 2020  not solely dependent upon, but are compatible with and
 2021  complement, existing agricultural industrial operations and to
 2022  encourage the creation and expansion of industries that use
 2023  agricultural products in innovative ways. However, the expansion
 2024  and diversification of these existing centers must be
 2025  accomplished in a manner that does not promote urban sprawl into
 2026  surrounding agricultural and rural areas.
 2027         (b) As used in this subsection, the term “rural
 2028  agricultural industrial center” means a developed parcel of land
 2029  in an unincorporated area on which there exists an operating
 2030  agricultural industrial facility or facilities that employ at
 2031  least 200 full-time employees in the aggregate and process and
 2032  prepare for transport a farm product, as defined in s. 163.3162,
 2033  or any biomass material that could be used, directly or
 2034  indirectly, for the production of fuel, renewable energy,
 2035  bioenergy, or alternative fuel as defined by law. The center may
 2036  also include land contiguous to the facility site which is not
 2037  used for the cultivation of crops, but on which other existing
 2038  activities essential to the operation of such facility or
 2039  facilities are located or conducted. The parcel of land must be
 2040  located within, or within 10 miles of, a rural area of critical
 2041  economic concern.
 2042         (c)1. A landowner whose land is located within a rural
 2043  agricultural industrial center may apply for an amendment to the
 2044  local government comprehensive plan for the purpose of
 2045  designating and expanding the existing agricultural industrial
 2046  uses of facilities located within the center or expanding the
 2047  existing center to include industrial uses or facilities that
 2048  are not dependent upon but are compatible with agriculture and
 2049  the existing uses and facilities. A local government
 2050  comprehensive plan amendment under this paragraph must:
 2051         a. Not increase the physical area of the existing rural
 2052  agricultural industrial center by more than 50 percent or 320
 2053  acres, whichever is greater.
 2054         b. Propose a project that would, upon completion, create at
 2055  least 50 new full-time jobs.
 2056         c. Demonstrate that sufficient infrastructure capacity
 2057  exists or will be provided to support the expanded center at the
 2058  level-of-service standards adopted in the local government
 2059  comprehensive plan.
 2060         d. Contain goals, objectives, and policies that will ensure
 2061  that any adverse environmental impacts of the expanded center
 2062  will be adequately addressed and mitigation implemented or
 2063  demonstrate that the local government comprehensive plan
 2064  contains such provisions.
 2065         2. Within 6 months after receiving an application as
 2066  provided in this paragraph, the local government shall transmit
 2067  the application to the state land planning agency for review
 2068  pursuant to this chapter together with any needed amendments to
 2069  the applicable sections of its comprehensive plan to include
 2070  goals, objectives, and policies that provide for the expansion
 2071  of rural agricultural industrial centers and discourage urban
 2072  sprawl in the surrounding areas. Such goals, objectives, and
 2073  policies must promote and be consistent with the findings in
 2074  this subsection. An amendment that meets the requirements of
 2075  this subsection is presumed not to be urban sprawl as defined in
 2076  s. 163.3164 consistent with rule 9J-5.006(5), Florida
 2077  Administrative Code. This presumption may be rebutted by a
 2078  preponderance of the evidence.
 2079         (d) This subsection does not apply to an optional sector
 2080  plan adopted pursuant to s. 163.3245, a rural land stewardship
 2081  area designated pursuant to s. 163.3248 subsection (11), or any
 2082  comprehensive plan amendment that includes an inland port
 2083  terminal or affiliated port development.
 2084         (e) Nothing in this subsection shall be construed to confer
 2085  the status of rural area of critical economic concern, or any of
 2086  the rights or benefits derived from such status, on any land
 2087  area not otherwise designated as such pursuant to s.
 2088  288.0656(7).
 2089         Section 13. Section 163.31777, Florida Statutes, is amended
 2090  to read:
 2091         163.31777 Public schools interlocal agreement.—
 2092         (1)(a) The county and municipalities located within the
 2093  geographic area of a school district shall enter into an
 2094  interlocal agreement with the district school board which
 2095  jointly establishes the specific ways in which the plans and
 2096  processes of the district school board and the local governments
 2097  are to be coordinated. The interlocal agreements shall be
 2098  submitted to the state land planning agency and the Office of
 2099  Educational Facilities in accordance with a schedule published
 2100  by the state land planning agency.
 2101         (b) The schedule must establish staggered due dates for
 2102  submission of interlocal agreements that are executed by both
 2103  the local government and the district school board, commencing
 2104  on March 1, 2003, and concluding by December 1, 2004, and must
 2105  set the same date for all governmental entities within a school
 2106  district. However, if the county where the school district is
 2107  located contains more than 20 municipalities, the state land
 2108  planning agency may establish staggered due dates for the
 2109  submission of interlocal agreements by these municipalities. The
 2110  schedule must begin with those areas where both the number of
 2111  districtwide capital-outlay full-time-equivalent students equals
 2112  80 percent or more of the current year’s school capacity and the
 2113  projected 5-year student growth is 1,000 or greater, or where
 2114  the projected 5-year student growth rate is 10 percent or
 2115  greater.
 2116         (c) If the student population has declined over the 5-year
 2117  period preceding the due date for submittal of an interlocal
 2118  agreement by the local government and the district school board,
 2119  the local government and the district school board may petition
 2120  the state land planning agency for a waiver of one or more
 2121  requirements of subsection (2). The waiver must be granted if
 2122  the procedures called for in subsection (2) are unnecessary
 2123  because of the school district’s declining school age
 2124  population, considering the district’s 5-year facilities work
 2125  program prepared pursuant to s. 1013.35. The state land planning
 2126  agency may modify or revoke the waiver upon a finding that the
 2127  conditions upon which the waiver was granted no longer exist.
 2128  The district school board and local governments must submit an
 2129  interlocal agreement within 1 year after notification by the
 2130  state land planning agency that the conditions for a waiver no
 2131  longer exist.
 2132         (d) Interlocal agreements between local governments and
 2133  district school boards adopted pursuant to s. 163.3177 before
 2134  the effective date of this section must be updated and executed
 2135  pursuant to the requirements of this section, if necessary.
 2136  Amendments to interlocal agreements adopted pursuant to this
 2137  section must be submitted to the state land planning agency
 2138  within 30 days after execution by the parties for review
 2139  consistent with this section. Local governments and the district
 2140  school board in each school district are encouraged to adopt a
 2141  single interlocal agreement to which all join as parties. The
 2142  state land planning agency shall assemble and make available
 2143  model interlocal agreements meeting the requirements of this
 2144  section and notify local governments and, jointly with the
 2145  Department of Education, the district school boards of the
 2146  requirements of this section, the dates for compliance, and the
 2147  sanctions for noncompliance. The state land planning agency
 2148  shall be available to informally review proposed interlocal
 2149  agreements. If the state land planning agency has not received a
 2150  proposed interlocal agreement for informal review, the state
 2151  land planning agency shall, at least 60 days before the deadline
 2152  for submission of the executed agreement, renotify the local
 2153  government and the district school board of the upcoming
 2154  deadline and the potential for sanctions.
 2155         (2) At a minimum, the interlocal agreement must address
 2156  interlocal-agreement requirements in s. 163.3180(13)(g), except
 2157  for exempt local governments as provided in s. 163.3177(12), and
 2158  must address the following issues:
 2159         (a) A process by which each local government and the
 2160  district school board agree and base their plans on consistent
 2161  projections of the amount, type, and distribution of population
 2162  growth and student enrollment. The geographic distribution of
 2163  jurisdiction-wide growth forecasts is a major objective of the
 2164  process.
 2165         (b) A process to coordinate and share information relating
 2166  to existing and planned public school facilities, including
 2167  school renovations and closures, and local government plans for
 2168  development and redevelopment.
 2169         (c) Participation by affected local governments with the
 2170  district school board in the process of evaluating potential
 2171  school closures, significant renovations to existing schools,
 2172  and new school site selection before land acquisition. Local
 2173  governments shall advise the district school board as to the
 2174  consistency of the proposed closure, renovation, or new site
 2175  with the local comprehensive plan, including appropriate
 2176  circumstances and criteria under which a district school board
 2177  may request an amendment to the comprehensive plan for school
 2178  siting.
 2179         (d) A process for determining the need for and timing of
 2180  onsite and offsite improvements to support new, proposed
 2181  expansion, or redevelopment of existing schools. The process
 2182  must address identification of the party or parties responsible
 2183  for the improvements.
 2184         (e) A process for the school board to inform the local
 2185  government regarding the effect of comprehensive plan amendments
 2186  on school capacity. The capacity reporting must be consistent
 2187  with laws and rules relating to measurement of school facility
 2188  capacity and must also identify how the district school board
 2189  will meet the public school demand based on the facilities work
 2190  program adopted pursuant to s. 1013.35.
 2191         (f) Participation of the local governments in the
 2192  preparation of the annual update to the district school board’s
 2193  5-year district facilities work program and educational plant
 2194  survey prepared pursuant to s. 1013.35.
 2195         (g) A process for determining where and how joint use of
 2196  either school board or local government facilities can be shared
 2197  for mutual benefit and efficiency.
 2198         (h) A procedure for the resolution of disputes between the
 2199  district school board and local governments, which may include
 2200  the dispute resolution processes contained in chapters 164 and
 2201  186.
 2202         (i) An oversight process, including an opportunity for
 2203  public participation, for the implementation of the interlocal
 2204  agreement.
 2205         (3)(a) The Office of Educational Facilities shall submit
 2206  any comments or concerns regarding the executed interlocal
 2207  agreement to the state land planning agency within 30 days after
 2208  receipt of the executed interlocal agreement. The state land
 2209  planning agency shall review the executed interlocal agreement
 2210  to determine whether it is consistent with the requirements of
 2211  subsection (2), the adopted local government comprehensive plan,
 2212  and other requirements of law. Within 60 days after receipt of
 2213  an executed interlocal agreement, the state land planning agency
 2214  shall publish a notice of intent in the Florida Administrative
 2215  Weekly and shall post a copy of the notice on the agency’s
 2216  Internet site. The notice of intent must state whether the
 2217  interlocal agreement is consistent or inconsistent with the
 2218  requirements of subsection (2) and this subsection, as
 2219  appropriate.
 2220         (b) The state land planning agency’s notice is subject to
 2221  challenge under chapter 120; however, an affected person, as
 2222  defined in s. 163.3184(1)(a), has standing to initiate the
 2223  administrative proceeding, and this proceeding is the sole means
 2224  available to challenge the consistency of an interlocal
 2225  agreement required by this section with the criteria contained
 2226  in subsection (2) and this subsection. In order to have
 2227  standing, each person must have submitted oral or written
 2228  comments, recommendations, or objections to the local government
 2229  or the school board before the adoption of the interlocal
 2230  agreement by the school board and local government. The district
 2231  school board and local governments are parties to any such
 2232  proceeding. In this proceeding, when the state land planning
 2233  agency finds the interlocal agreement to be consistent with the
 2234  criteria in subsection (2) and this subsection, the interlocal
 2235  agreement shall be determined to be consistent with subsection
 2236  (2) and this subsection if the local government’s and school
 2237  board’s determination of consistency is fairly debatable. When
 2238  the state planning agency finds the interlocal agreement to be
 2239  inconsistent with the requirements of subsection (2) and this
 2240  subsection, the local government’s and school board’s
 2241  determination of consistency shall be sustained unless it is
 2242  shown by a preponderance of the evidence that the interlocal
 2243  agreement is inconsistent.
 2244         (c) If the state land planning agency enters a final order
 2245  that finds that the interlocal agreement is inconsistent with
 2246  the requirements of subsection (2) or this subsection, it shall
 2247  forward it to the Administration Commission, which may impose
 2248  sanctions against the local government pursuant to s.
 2249  163.3184(11) and may impose sanctions against the district
 2250  school board by directing the Department of Education to
 2251  withhold from the district school board an equivalent amount of
 2252  funds for school construction available pursuant to ss. 1013.65,
 2253  1013.68, 1013.70, and 1013.72.
 2254         (4) If an executed interlocal agreement is not timely
 2255  submitted to the state land planning agency for review, the
 2256  state land planning agency shall, within 15 working days after
 2257  the deadline for submittal, issue to the local government and
 2258  the district school board a Notice to Show Cause why sanctions
 2259  should not be imposed for failure to submit an executed
 2260  interlocal agreement by the deadline established by the agency.
 2261  The agency shall forward the notice and the responses to the
 2262  Administration Commission, which may enter a final order citing
 2263  the failure to comply and imposing sanctions against the local
 2264  government and district school board by directing the
 2265  appropriate agencies to withhold at least 5 percent of state
 2266  funds pursuant to s. 163.3184(11) and by directing the
 2267  Department of Education to withhold from the district school
 2268  board at least 5 percent of funds for school construction
 2269  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 2270  1013.72.
 2271         (5) Any local government transmitting a public school
 2272  element to implement school concurrency pursuant to the
 2273  requirements of s. 163.3180 before the effective date of this
 2274  section is not required to amend the element or any interlocal
 2275  agreement to conform with the provisions of this section if the
 2276  element is adopted prior to or within 1 year after the effective
 2277  date of this section and remains in effect until the county
 2278  conducts its evaluation and appraisal report and identifies
 2279  changes necessary to more fully conform to the provisions of
 2280  this section.
 2281         (6) Except as provided in subsection (7), municipalities
 2282  meeting the exemption criteria in s. 163.3177(12) are exempt
 2283  from the requirements of subsections (1), (2), and (3).
 2284         (7) At the time of the evaluation and appraisal report,
 2285  each exempt municipality shall assess the extent to which it
 2286  continues to meet the criteria for exemption under s.
 2287  163.3177(12). If the municipality continues to meet these
 2288  criteria, the municipality shall continue to be exempt from the
 2289  interlocal-agreement requirement. Each municipality exempt under
 2290  s. 163.3177(12) must comply with the provisions of this section
 2291  within 1 year after the district school board proposes, in its
 2292  5-year district facilities work program, a new school within the
 2293  municipality’s jurisdiction.
 2294         Section 14. Subsection (9) of section 163.3178, Florida
 2295  Statutes, is amended to read:
 2296         163.3178 Coastal management.—
 2297         (9)(a) Local governments may elect to comply with rule 9J
 2298  5.012(3)(b)6. and 7., Florida Administrative Code, through the
 2299  process provided in this section. A proposed comprehensive plan
 2300  amendment shall be found in compliance with state coastal high
 2301  hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
 2302  Florida Administrative Code, if:
 2303         1. The adopted level of service for out-of-county hurricane
 2304  evacuation is maintained for a category 5 storm event as
 2305  measured on the Saffir-Simpson scale; or
 2306         2. A 12-hour evacuation time to shelter is maintained for a
 2307  category 5 storm event as measured on the Saffir-Simpson scale
 2308  and shelter space reasonably expected to accommodate the
 2309  residents of the development contemplated by a proposed
 2310  comprehensive plan amendment is available; or
 2311         3. Appropriate mitigation is provided that will satisfy the
 2312  provisions of subparagraph 1. or subparagraph 2. Appropriate
 2313  mitigation shall include, without limitation, payment of money,
 2314  contribution of land, and construction of hurricane shelters and
 2315  transportation facilities. Required mitigation may shall not
 2316  exceed the amount required for a developer to accommodate
 2317  impacts reasonably attributable to development. A local
 2318  government and a developer shall enter into a binding agreement
 2319  to memorialize the mitigation plan.
 2320         (b) For those local governments that have not established a
 2321  level of service for out-of-county hurricane evacuation by July
 2322  1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
 2323  Florida Administrative Code, by following the process in
 2324  paragraph (a), the level of service shall be no greater than 16
 2325  hours for a category 5 storm event as measured on the Saffir
 2326  Simpson scale.
 2327         (c) This subsection shall become effective immediately and
 2328  shall apply to all local governments. No later than July 1,
 2329  2008, local governments shall amend their future land use map
 2330  and coastal management element to include the new definition of
 2331  coastal high-hazard area and to depict the coastal high-hazard
 2332  area on the future land use map.
 2333         Section 15. Section 163.3180, Florida Statutes, is amended
 2334  to read:
 2335         163.3180 Concurrency.—
 2336         (1)(a) Sanitary sewer, solid waste, drainage, and potable
 2337  water, parks and recreation, schools, and transportation
 2338  facilities, including mass transit, where applicable, are the
 2339  only public facilities and services subject to the concurrency
 2340  requirement on a statewide basis. Additional public facilities
 2341  and services may not be made subject to concurrency on a
 2342  statewide basis without appropriate study and approval by the
 2343  Legislature; however, any local government may extend the
 2344  concurrency requirement so that it applies to additional public
 2345  facilities within its jurisdiction.
 2346         (a) If concurrency is applied to other public facilities,
 2347  the local government comprehensive plan must provide the
 2348  principles, guidelines, standards, and strategies, including
 2349  adopted levels of service, to guide its application. In order
 2350  for a local government to rescind any optional concurrency
 2351  provisions, a comprehensive plan amendment is required. An
 2352  amendment rescinding optional concurrency issues is not subject
 2353  to state review.
 2354         (b) The local government comprehensive plan must
 2355  demonstrate, for required or optional concurrency requirements,
 2356  that the levels of service adopted can be reasonably met.
 2357  Infrastructure needed to ensure that adopted level-of-service
 2358  standards are achieved and maintained for the 5-year period of
 2359  the capital improvement schedule must be identified pursuant to
 2360  the requirements of s. 163.3177(3). The comprehensive plan must
 2361  include principles, guidelines, standards, and strategies for
 2362  the establishment of a concurrency management system.
 2363         (b) Local governments shall use professionally accepted
 2364  techniques for measuring level of service for automobiles,
 2365  bicycles, pedestrians, transit, and trucks. These techniques may
 2366  be used to evaluate increased accessibility by multiple modes
 2367  and reductions in vehicle miles of travel in an area or zone.
 2368  The Department of Transportation shall develop methodologies to
 2369  assist local governments in implementing this multimodal level
 2370  of-service analysis. The Department of Community Affairs and the
 2371  Department of Transportation shall provide technical assistance
 2372  to local governments in applying these methodologies.
 2373         (2)(a) Consistent with public health and safety, sanitary
 2374  sewer, solid waste, drainage, adequate water supplies, and
 2375  potable water facilities shall be in place and available to
 2376  serve new development no later than the issuance by the local
 2377  government of a certificate of occupancy or its functional
 2378  equivalent. Prior to approval of a building permit or its
 2379  functional equivalent, the local government shall consult with
 2380  the applicable water supplier to determine whether adequate
 2381  water supplies to serve the new development will be available no
 2382  later than the anticipated date of issuance by the local
 2383  government of a certificate of occupancy or its functional
 2384  equivalent. A local government may meet the concurrency
 2385  requirement for sanitary sewer through the use of onsite sewage
 2386  treatment and disposal systems approved by the Department of
 2387  Health to serve new development.
 2388         (b) Consistent with the public welfare, and except as
 2389  otherwise provided in this section, parks and recreation
 2390  facilities to serve new development shall be in place or under
 2391  actual construction no later than 1 year after issuance by the
 2392  local government of a certificate of occupancy or its functional
 2393  equivalent. However, the acreage for such facilities shall be
 2394  dedicated or be acquired by the local government prior to
 2395  issuance by the local government of a certificate of occupancy
 2396  or its functional equivalent, or funds in the amount of the
 2397  developer’s fair share shall be committed no later than the
 2398  local government’s approval to commence construction.
 2399         (c) Consistent with the public welfare, and except as
 2400  otherwise provided in this section, transportation facilities
 2401  needed to serve new development shall be in place or under
 2402  actual construction within 3 years after the local government
 2403  approves a building permit or its functional equivalent that
 2404  results in traffic generation.
 2405         (3) Governmental entities that are not responsible for
 2406  providing, financing, operating, or regulating public facilities
 2407  needed to serve development may not establish binding level-of
 2408  service standards on governmental entities that do bear those
 2409  responsibilities. This subsection does not limit the authority
 2410  of any agency to recommend or make objections, recommendations,
 2411  comments, or determinations during reviews conducted under s.
 2412  163.3184.
 2413         (4)(a) The concurrency requirement as implemented in local
 2414  comprehensive plans applies to state and other public facilities
 2415  and development to the same extent that it applies to all other
 2416  facilities and development, as provided by law.
 2417         (b) The concurrency requirement as implemented in local
 2418  comprehensive plans does not apply to public transit facilities.
 2419  For the purposes of this paragraph, public transit facilities
 2420  include transit stations and terminals; transit station parking;
 2421  park-and-ride lots; intermodal public transit connection or
 2422  transfer facilities; fixed bus, guideway, and rail stations; and
 2423  airport passenger terminals and concourses, air cargo
 2424  facilities, and hangars for the assembly, manufacture,
 2425  maintenance, or storage of aircraft. As used in this paragraph,
 2426  the terms “terminals” and “transit facilities” do not include
 2427  seaports or commercial or residential development constructed in
 2428  conjunction with a public transit facility.
 2429         (c) The concurrency requirement, except as it relates to
 2430  transportation facilities and public schools, as implemented in
 2431  local government comprehensive plans, may be waived by a local
 2432  government for urban infill and redevelopment areas designated
 2433  pursuant to s. 163.2517 if such a waiver does not endanger
 2434  public health or safety as defined by the local government in
 2435  its local government comprehensive plan. The waiver shall be
 2436  adopted as a plan amendment pursuant to the process set forth in
 2437  s. 163.3187(3)(a). A local government may grant a concurrency
 2438  exception pursuant to subsection (5) for transportation
 2439  facilities located within these urban infill and redevelopment
 2440  areas.
 2441         (5)(a) If concurrency is applied to transportation
 2442  facilities, the local government comprehensive plan must provide
 2443  the principles, guidelines, standards, and strategies, including
 2444  adopted levels of service to guide its application.
 2445         (b) Local governments shall use professionally accepted
 2446  studies to evaluate the appropriate levels of service. Local
 2447  governments should consider the number of facilities that will
 2448  be necessary to meet level-of-service demands when determining
 2449  the appropriate levels of service. The schedule of facilities
 2450  that are necessary to meet the adopted level of service shall be
 2451  reflected in the capital improvement element.
 2452         (c) Local governments shall use professionally accepted
 2453  techniques for measuring levels of service when evaluating
 2454  potential impacts of a proposed development.
 2455         (d) The premise of concurrency is that the public
 2456  facilities will be provided in order to achieve and maintain the
 2457  adopted level of service standard. A comprehensive plan that
 2458  imposes transportation concurrency shall contain appropriate
 2459  amendments to the capital improvements element of the
 2460  comprehensive plan, consistent with the requirements of s.
 2461  163.3177(3). The capital improvements element shall identify
 2462  facilities necessary to meet adopted levels of service during a
 2463  5-year period.
 2464         (e) If a local government applies transportation
 2465  concurrency in its jurisdiction, it is encouraged to develop
 2466  policy guidelines and techniques to address potential negative
 2467  impacts on future development:
 2468         1. In urban infill and redevelopment, and urban service
 2469  areas.
 2470         2. With special part-time demands on the transportation
 2471  system.
 2472         3. With de minimis impacts.
 2473         4. On community desired types of development, such as
 2474  redevelopment, or job creation projects.
 2475         (f) Local governments are encouraged to develop tools and
 2476  techniques to complement the application of transportation
 2477  concurrency such as:
 2478         1. Adoption of long-term strategies to facilitate
 2479  development patterns that support multimodal solutions,
 2480  including urban design, and appropriate land use mixes,
 2481  including intensity and density.
 2482         2. Adoption of an areawide level of service not dependent
 2483  on any single road segment function.
 2484         3. Exempting or discounting impacts of locally desired
 2485  development, such as development in urban areas, redevelopment,
 2486  job creation, and mixed use on the transportation system.
 2487         4. Assigning secondary priority to vehicle mobility and
 2488  primary priority to ensuring a safe, comfortable, and attractive
 2489  pedestrian environment, with convenient interconnection to
 2490  transit.
 2491         5. Establishing multimodal level of service standards that
 2492  rely primarily on nonvehicular modes of transportation where
 2493  existing or planned community design will provide adequate level
 2494  of mobility.
 2495         6. Reducing impact fees or local access fees to promote
 2496  development within urban areas, multimodal transportation
 2497  districts, and a balance of mixed use development in certain
 2498  areas or districts, or for affordable or workforce housing.
 2499         (g) Local governments are encouraged to coordinate with
 2500  adjacent local governments for the purpose of using common
 2501  methodologies for measuring impacts on transportation
 2502  facilities.
 2503         (h) Local governments that implement transportation
 2504  concurrency must:
 2505         1. Consult with the Department of Transportation when
 2506  proposed plan amendments affect facilities on the strategic
 2507  intermodal system.
 2508         2. Exempt public transit facilities from concurrency. For
 2509  the purposes of this subparagraph, public transit facilities
 2510  include transit stations and terminals; transit station parking;
 2511  park-and-ride lots; intermodal public transit connection or
 2512  transfer facilities; fixed bus, guideway, and rail stations; and
 2513  airport passenger terminals and concourses, air cargo
 2514  facilities, and hangars for the assembly, manufacture,
 2515  maintenance, or storage of aircraft. As used in this
 2516  subparagraph, the terms “terminals” and “transit facilities” do
 2517  not include seaports or commercial or residential development
 2518  constructed in conjunction with a public transit facility.
 2519         3. Allow an applicant for a development-of-regional-impact
 2520  development order, a rezoning, or other land use development
 2521  permit to satisfy the transportation concurrency requirements of
 2522  the local comprehensive plan, the local government’s concurrency
 2523  management system, and s. 380.06, when applicable, if:
 2524         a. The applicant enters into a binding agreement to pay for
 2525  or construct its proportionate share of required improvements.
 2526         b. The proportionate-share contribution or construction is
 2527  sufficient to accomplish one or more mobility improvements that
 2528  will benefit a regionally significant transportation facility.
 2529  c.(I) The local government has provided a means by which the
 2530  landowner will be assessed a proportionate share of the cost of
 2531  providing the transportation facilities necessary to serve the
 2532  proposed development. An applicant shall not be held responsible
 2533  for the additional cost of reducing or eliminating deficiencies.
 2534         (II) When an applicant contributes or constructs its
 2535  proportionate share pursuant to this subparagraph, a local
 2536  government may not require payment or construction of
 2537  transportation facilities whose costs would be greater than a
 2538  development’s proportionate share of the improvements necessary
 2539  to mitigate the development’s impacts.
 2540         (A) The proportionate-share contribution shall be
 2541  calculated based upon the number of trips from the proposed
 2542  development expected to reach roadways during the peak hour from
 2543  the stage or phase being approved, divided by the change in the
 2544  peak hour maximum service volume of roadways resulting from
 2545  construction of an improvement necessary to maintain or achieve
 2546  the adopted level of service, multiplied by the construction
 2547  cost, at the time of development payment, of the improvement
 2548  necessary to maintain or achieve the adopted level of service.
 2549         (B) In using the proportionate-share formula provided in
 2550  this subparagraph, the applicant, in its traffic analysis, shall
 2551  identify those roads or facilities that have a transportation
 2552  deficiency in accordance with the transportation deficiency as
 2553  defined in sub-subparagraph e. The proportionate-share formula
 2554  provided in this subparagraph shall be applied only to those
 2555  facilities that are determined to be significantly impacted by
 2556  the project traffic under review. If any road is determined to
 2557  be transportation deficient without the project traffic under
 2558  review, the costs of correcting that deficiency shall be removed
 2559  from the project’s proportionate-share calculation and the
 2560  necessary transportation improvements to correct that deficiency
 2561  shall be considered to be in place for purposes of the
 2562  proportionate-share calculation. The improvement necessary to
 2563  correct the transportation deficiency is the funding
 2564  responsibility of the entity that has maintenance responsibility
 2565  for the facility. The development’s proportionate share shall be
 2566  calculated only for the needed transportation improvements that
 2567  are greater than the identified deficiency.
 2568         (C) When the provisions of this subparagraph have been
 2569  satisfied for a particular stage or phase of development, all
 2570  transportation impacts from that stage or phase for which
 2571  mitigation was required and provided shall be deemed fully
 2572  mitigated in any transportation analysis for a subsequent stage
 2573  or phase of development. Trips from a previous stage or phase
 2574  that did not result in impacts for which mitigation was required
 2575  or provided may be cumulatively analyzed with trips from a
 2576  subsequent stage or phase to determine whether an impact
 2577  requires mitigation for the subsequent stage or phase.
 2578         (D) In projecting the number of trips to be generated by
 2579  the development under review, any trips assigned to a toll
 2580  financed facility shall be eliminated from the analysis.
 2581         (E) The applicant shall receive a credit on a dollar-for
 2582  dollar basis for impact fees, mobility fees, and other
 2583  transportation concurrency mitigation requirements paid or
 2584  payable in the future for the project. The credit shall be
 2585  reduced up to 20 percent by the percentage share that the
 2586  project’s traffic represents of the added capacity of the
 2587  selected improvement, or by the amount specified by local
 2588  ordinance, whichever yields the greater credit.
 2589         d. This subsection does not require a local government to
 2590  approve a development that is not otherwise qualified for
 2591  approval pursuant to the applicable local comprehensive plan and
 2592  land development regulations.
 2593         e. As used in this subsection, the term “transportation
 2594  deficiency” means a facility or facilities on which the adopted
 2595  level-of-service standard is exceeded by the existing,
 2596  committed, and vested trips, plus additional projected
 2597  background trips from any source other than the development
 2598  project under review, and trips that are forecast by established
 2599  traffic standards, including traffic modeling, consistent with
 2600  the University of Florida’s Bureau of Economic and Business
 2601  Research medium population projections. Additional projected
 2602  background trips are to be coincident with the particular stage
 2603  or phase of development under review.
 2604         (a) The Legislature finds that under limited circumstances,
 2605  countervailing planning and public policy goals may come into
 2606  conflict with the requirement that adequate public
 2607  transportation facilities and services be available concurrent
 2608  with the impacts of such development. The Legislature further
 2609  finds that the unintended result of the concurrency requirement
 2610  for transportation facilities is often the discouragement of
 2611  urban infill development and redevelopment. Such unintended
 2612  results directly conflict with the goals and policies of the
 2613  state comprehensive plan and the intent of this part. The
 2614  Legislature also finds that in urban centers transportation
 2615  cannot be effectively managed and mobility cannot be improved
 2616  solely through the expansion of roadway capacity, that the
 2617  expansion of roadway capacity is not always physically or
 2618  financially possible, and that a range of transportation
 2619  alternatives is essential to satisfy mobility needs, reduce
 2620  congestion, and achieve healthy, vibrant centers.
 2621         (b)1. The following are transportation concurrency
 2622  exception areas:
 2623         a. A municipality that qualifies as a dense urban land area
 2624  under s. 163.3164;
 2625         b. An urban service area under s. 163.3164 that has been
 2626  adopted into the local comprehensive plan and is located within
 2627  a county that qualifies as a dense urban land area under s.
 2628  163.3164; and
 2629         c. A county, including the municipalities located therein,
 2630  which has a population of at least 900,000 and qualifies as a
 2631  dense urban land area under s. 163.3164, but does not have an
 2632  urban service area designated in the local comprehensive plan.
 2633         2. A municipality that does not qualify as a dense urban
 2634  land area pursuant to s. 163.3164 may designate in its local
 2635  comprehensive plan the following areas as transportation
 2636  concurrency exception areas:
 2637         a. Urban infill as defined in s. 163.3164;
 2638         b. Community redevelopment areas as defined in s. 163.340;
 2639         c. Downtown revitalization areas as defined in s. 163.3164;
 2640         d. Urban infill and redevelopment under s. 163.2517; or
 2641         e. Urban service areas as defined in s. 163.3164 or areas
 2642  within a designated urban service boundary under s.
 2643  163.3177(14).
 2644         3. A county that does not qualify as a dense urban land
 2645  area pursuant to s. 163.3164 may designate in its local
 2646  comprehensive plan the following areas as transportation
 2647  concurrency exception areas:
 2648         a. Urban infill as defined in s. 163.3164;
 2649         b. Urban infill and redevelopment under s. 163.2517; or
 2650         c. Urban service areas as defined in s. 163.3164.
 2651         4. A local government that has a transportation concurrency
 2652  exception area designated pursuant to subparagraph 1.,
 2653  subparagraph 2., or subparagraph 3. shall, within 2 years after
 2654  the designated area becomes exempt, adopt into its local
 2655  comprehensive plan land use and transportation strategies to
 2656  support and fund mobility within the exception area, including
 2657  alternative modes of transportation. Local governments are
 2658  encouraged to adopt complementary land use and transportation
 2659  strategies that reflect the region’s shared vision for its
 2660  future. If the state land planning agency finds insufficient
 2661  cause for the failure to adopt into its comprehensive plan land
 2662  use and transportation strategies to support and fund mobility
 2663  within the designated exception area after 2 years, it shall
 2664  submit the finding to the Administration Commission, which may
 2665  impose any of the sanctions set forth in s. 163.3184(11)(a) and
 2666  (b) against the local government.
 2667         5. Transportation concurrency exception areas designated
 2668  pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
 2669  do not apply to designated transportation concurrency districts
 2670  located within a county that has a population of at least 1.5
 2671  million, has implemented and uses a transportation-related
 2672  concurrency assessment to support alternative modes of
 2673  transportation, including, but not limited to, mass transit, and
 2674  does not levy transportation impact fees within the concurrency
 2675  district.
 2676         6. Transportation concurrency exception areas designated
 2677  under subparagraph 1., subparagraph 2., or subparagraph 3. do
 2678  not apply in any county that has exempted more than 40 percent
 2679  of the area inside the urban service area from transportation
 2680  concurrency for the purpose of urban infill.
 2681         7. A local government that does not have a transportation
 2682  concurrency exception area designated pursuant to subparagraph
 2683  1., subparagraph 2., or subparagraph 3. may grant an exception
 2684  from the concurrency requirement for transportation facilities
 2685  if the proposed development is otherwise consistent with the
 2686  adopted local government comprehensive plan and is a project
 2687  that promotes public transportation or is located within an area
 2688  designated in the comprehensive plan for:
 2689         a. Urban infill development;
 2690         b. Urban redevelopment;
 2691         c. Downtown revitalization;
 2692         d. Urban infill and redevelopment under s. 163.2517; or
 2693         e. An urban service area specifically designated as a
 2694  transportation concurrency exception area which includes lands
 2695  appropriate for compact, contiguous urban development, which
 2696  does not exceed the amount of land needed to accommodate the
 2697  projected population growth at densities consistent with the
 2698  adopted comprehensive plan within the 10-year planning period,
 2699  and which is served or is planned to be served with public
 2700  facilities and services as provided by the capital improvements
 2701  element.
 2702         (c) The Legislature also finds that developments located
 2703  within urban infill, urban redevelopment, urban service, or
 2704  downtown revitalization areas or areas designated as urban
 2705  infill and redevelopment areas under s. 163.2517, which pose
 2706  only special part-time demands on the transportation system, are
 2707  exempt from the concurrency requirement for transportation
 2708  facilities. A special part-time demand is one that does not have
 2709  more than 200 scheduled events during any calendar year and does
 2710  not affect the 100 highest traffic volume hours.
 2711         (d) Except for transportation concurrency exception areas
 2712  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
 2713  or subparagraph (b)3., the following requirements apply:
 2714         1. The local government shall both adopt into the
 2715  comprehensive plan and implement long-term strategies to support
 2716  and fund mobility within the designated exception area,
 2717  including alternative modes of transportation. The plan
 2718  amendment must also demonstrate how strategies will support the
 2719  purpose of the exception and how mobility within the designated
 2720  exception area will be provided.
 2721         2. The strategies must address urban design; appropriate
 2722  land use mixes, including intensity and density; and network
 2723  connectivity plans needed to promote urban infill,
 2724  redevelopment, or downtown revitalization. The comprehensive
 2725  plan amendment designating the concurrency exception area must
 2726  be accompanied by data and analysis supporting the local
 2727  government’s determination of the boundaries of the
 2728  transportation concurrency exception area.
 2729         (e) Before designating a concurrency exception area
 2730  pursuant to subparagraph (b)7., the state land planning agency
 2731  and the Department of Transportation shall be consulted by the
 2732  local government to assess the impact that the proposed
 2733  exception area is expected to have on the adopted level-of
 2734  service standards established for regional transportation
 2735  facilities identified pursuant to s. 186.507, including the
 2736  Strategic Intermodal System and roadway facilities funded in
 2737  accordance with s. 339.2819. Further, the local government shall
 2738  provide a plan for the mitigation of impacts to the Strategic
 2739  Intermodal System, including, if appropriate, access management,
 2740  parallel reliever roads, transportation demand management, and
 2741  other measures.
 2742         (f) The designation of a transportation concurrency
 2743  exception area does not limit a local government’s home rule
 2744  power to adopt ordinances or impose fees. This subsection does
 2745  not affect any contract or agreement entered into or development
 2746  order rendered before the creation of the transportation
 2747  concurrency exception area except as provided in s.
 2748  380.06(29)(e).
 2749         (g) The Office of Program Policy Analysis and Government
 2750  Accountability shall submit to the President of the Senate and
 2751  the Speaker of the House of Representatives by February 1, 2015,
 2752  a report on transportation concurrency exception areas created
 2753  pursuant to this subsection. At a minimum, the report shall
 2754  address the methods that local governments have used to
 2755  implement and fund transportation strategies to achieve the
 2756  purposes of designated transportation concurrency exception
 2757  areas, and the effects of the strategies on mobility,
 2758  congestion, urban design, the density and intensity of land use
 2759  mixes, and network connectivity plans used to promote urban
 2760  infill, redevelopment, or downtown revitalization.
 2761         (6) The Legislature finds that a de minimis impact is
 2762  consistent with this part. A de minimis impact is an impact that
 2763  would not affect more than 1 percent of the maximum volume at
 2764  the adopted level of service of the affected transportation
 2765  facility as determined by the local government. No impact will
 2766  be de minimis if the sum of existing roadway volumes and the
 2767  projected volumes from approved projects on a transportation
 2768  facility would exceed 110 percent of the maximum volume at the
 2769  adopted level of service of the affected transportation
 2770  facility; provided however, that an impact of a single family
 2771  home on an existing lot will constitute a de minimis impact on
 2772  all roadways regardless of the level of the deficiency of the
 2773  roadway. Further, no impact will be de minimis if it would
 2774  exceed the adopted level-of-service standard of any affected
 2775  designated hurricane evacuation routes. Each local government
 2776  shall maintain sufficient records to ensure that the 110-percent
 2777  criterion is not exceeded. Each local government shall submit
 2778  annually, with its updated capital improvements element, a
 2779  summary of the de minimis records. If the state land planning
 2780  agency determines that the 110-percent criterion has been
 2781  exceeded, the state land planning agency shall notify the local
 2782  government of the exceedance and that no further de minimis
 2783  exceptions for the applicable roadway may be granted until such
 2784  time as the volume is reduced below the 110 percent. The local
 2785  government shall provide proof of this reduction to the state
 2786  land planning agency before issuing further de minimis
 2787  exceptions.
 2788         (7) In order to promote infill development and
 2789  redevelopment, one or more transportation concurrency management
 2790  areas may be designated in a local government comprehensive
 2791  plan. A transportation concurrency management area must be a
 2792  compact geographic area with an existing network of roads where
 2793  multiple, viable alternative travel paths or modes are available
 2794  for common trips. A local government may establish an areawide
 2795  level-of-service standard for such a transportation concurrency
 2796  management area based upon an analysis that provides for a
 2797  justification for the areawide level of service, how urban
 2798  infill development or redevelopment will be promoted, and how
 2799  mobility will be accomplished within the transportation
 2800  concurrency management area. Prior to the designation of a
 2801  concurrency management area, the Department of Transportation
 2802  shall be consulted by the local government to assess the impact
 2803  that the proposed concurrency management area is expected to
 2804  have on the adopted level-of-service standards established for
 2805  Strategic Intermodal System facilities, as defined in s. 339.64,
 2806  and roadway facilities funded in accordance with s. 339.2819.
 2807  Further, the local government shall, in cooperation with the
 2808  Department of Transportation, develop a plan to mitigate any
 2809  impacts to the Strategic Intermodal System, including, if
 2810  appropriate, the development of a long-term concurrency
 2811  management system pursuant to subsection (9) and s.
 2812  163.3177(3)(d). Transportation concurrency management areas
 2813  existing prior to July 1, 2005, shall meet, at a minimum, the
 2814  provisions of this section by July 1, 2006, or at the time of
 2815  the comprehensive plan update pursuant to the evaluation and
 2816  appraisal report, whichever occurs last. The state land planning
 2817  agency shall amend chapter 9J-5, Florida Administrative Code, to
 2818  be consistent with this subsection.
 2819         (8) When assessing the transportation impacts of proposed
 2820  urban redevelopment within an established existing urban service
 2821  area, 110 percent of the actual transportation impact caused by
 2822  the previously existing development must be reserved for the
 2823  redevelopment, even if the previously existing development has a
 2824  lesser or nonexisting impact pursuant to the calculations of the
 2825  local government. Redevelopment requiring less than 110 percent
 2826  of the previously existing capacity shall not be prohibited due
 2827  to the reduction of transportation levels of service below the
 2828  adopted standards. This does not preclude the appropriate
 2829  assessment of fees or accounting for the impacts within the
 2830  concurrency management system and capital improvements program
 2831  of the affected local government. This paragraph does not affect
 2832  local government requirements for appropriate development
 2833  permits.
 2834         (9)(a) Each local government may adopt as a part of its
 2835  plan, long-term transportation and school concurrency management
 2836  systems with a planning period of up to 10 years for specially
 2837  designated districts or areas where significant backlogs exist.
 2838  The plan may include interim level-of-service standards on
 2839  certain facilities and shall rely on the local government’s
 2840  schedule of capital improvements for up to 10 years as a basis
 2841  for issuing development orders that authorize commencement of
 2842  construction in these designated districts or areas. The
 2843  concurrency management system must be designed to correct
 2844  existing deficiencies and set priorities for addressing
 2845  backlogged facilities. The concurrency management system must be
 2846  financially feasible and consistent with other portions of the
 2847  adopted local plan, including the future land use map.
 2848         (b) If a local government has a transportation or school
 2849  facility backlog for existing development which cannot be
 2850  adequately addressed in a 10-year plan, the state land planning
 2851  agency may allow it to develop a plan and long-term schedule of
 2852  capital improvements covering up to 15 years for good and
 2853  sufficient cause, based on a general comparison between that
 2854  local government and all other similarly situated local
 2855  jurisdictions, using the following factors:
 2856         1. The extent of the backlog.
 2857         2. For roads, whether the backlog is on local or state
 2858  roads.
 2859         3. The cost of eliminating the backlog.
 2860         4. The local government’s tax and other revenue-raising
 2861  efforts.
 2862         (c) The local government may issue approvals to commence
 2863  construction notwithstanding this section, consistent with and
 2864  in areas that are subject to a long-term concurrency management
 2865  system.
 2866         (d) If the local government adopts a long-term concurrency
 2867  management system, it must evaluate the system periodically. At
 2868  a minimum, the local government must assess its progress toward
 2869  improving levels of service within the long-term concurrency
 2870  management district or area in the evaluation and appraisal
 2871  report and determine any changes that are necessary to
 2872  accelerate progress in meeting acceptable levels of service.
 2873         (10) Except in transportation concurrency exception areas,
 2874  with regard to roadway facilities on the Strategic Intermodal
 2875  System designated in accordance with s. 339.63, local
 2876  governments shall adopt the level-of-service standard
 2877  established by the Department of Transportation by rule.
 2878  However, if the Office of Tourism, Trade, and Economic
 2879  Development concurs in writing with the local government that
 2880  the proposed development is for a qualified job creation project
 2881  under s. 288.0656 or s. 403.973, the affected local government,
 2882  after consulting with the Department of Transportation, may
 2883  provide for a waiver of transportation concurrency for the
 2884  project. For all other roads on the State Highway System, local
 2885  governments shall establish an adequate level-of-service
 2886  standard that need not be consistent with any level-of-service
 2887  standard established by the Department of Transportation. In
 2888  establishing adequate level-of-service standards for any
 2889  arterial roads, or collector roads as appropriate, which
 2890  traverse multiple jurisdictions, local governments shall
 2891  consider compatibility with the roadway facility’s adopted
 2892  level-of-service standards in adjacent jurisdictions. Each local
 2893  government within a county shall use a professionally accepted
 2894  methodology for measuring impacts on transportation facilities
 2895  for the purposes of implementing its concurrency management
 2896  system. Counties are encouraged to coordinate with adjacent
 2897  counties, and local governments within a county are encouraged
 2898  to coordinate, for the purpose of using common methodologies for
 2899  measuring impacts on transportation facilities for the purpose
 2900  of implementing their concurrency management systems.
 2901         (11) In order to limit the liability of local governments,
 2902  a local government may allow a landowner to proceed with
 2903  development of a specific parcel of land notwithstanding a
 2904  failure of the development to satisfy transportation
 2905  concurrency, when all the following factors are shown to exist:
 2906         (a) The local government with jurisdiction over the
 2907  property has adopted a local comprehensive plan that is in
 2908  compliance.
 2909         (b) The proposed development would be consistent with the
 2910  future land use designation for the specific property and with
 2911  pertinent portions of the adopted local plan, as determined by
 2912  the local government.
 2913         (c) The local plan includes a financially feasible capital
 2914  improvements element that provides for transportation facilities
 2915  adequate to serve the proposed development, and the local
 2916  government has not implemented that element.
 2917         (d) The local government has provided a means by which the
 2918  landowner will be assessed a fair share of the cost of providing
 2919  the transportation facilities necessary to serve the proposed
 2920  development.
 2921         (e) The landowner has made a binding commitment to the
 2922  local government to pay the fair share of the cost of providing
 2923  the transportation facilities to serve the proposed development.
 2924         (12)(a) A development of regional impact may satisfy the
 2925  transportation concurrency requirements of the local
 2926  comprehensive plan, the local government’s concurrency
 2927  management system, and s. 380.06 by payment of a proportionate
 2928  share contribution for local and regionally significant traffic
 2929  impacts, if:
 2930         1. The development of regional impact which, based on its
 2931  location or mix of land uses, is designed to encourage
 2932  pedestrian or other nonautomotive modes of transportation;
 2933         2. The proportionate-share contribution for local and
 2934  regionally significant traffic impacts is sufficient to pay for
 2935  one or more required mobility improvements that will benefit a
 2936  regionally significant transportation facility;
 2937         3. The owner and developer of the development of regional
 2938  impact pays or assures payment of the proportionate-share
 2939  contribution; and
 2940         4. If the regionally significant transportation facility to
 2941  be constructed or improved is under the maintenance authority of
 2942  a governmental entity, as defined by s. 334.03(12), other than
 2943  the local government with jurisdiction over the development of
 2944  regional impact, the developer is required to enter into a
 2945  binding and legally enforceable commitment to transfer funds to
 2946  the governmental entity having maintenance authority or to
 2947  otherwise assure construction or improvement of the facility.
 2948  
 2949         The proportionate-share contribution may be applied to any
 2950  transportation facility to satisfy the provisions of this
 2951  subsection and the local comprehensive plan, but, for the
 2952  purposes of this subsection, the amount of the proportionate
 2953  share contribution shall be calculated based upon the cumulative
 2954  number of trips from the proposed development expected to reach
 2955  roadways during the peak hour from the complete buildout of a
 2956  stage or phase being approved, divided by the change in the peak
 2957  hour maximum service volume of roadways resulting from
 2958  construction of an improvement necessary to maintain the adopted
 2959  level of service, multiplied by the construction cost, at the
 2960  time of developer payment, of the improvement necessary to
 2961  maintain the adopted level of service. For purposes of this
 2962  subsection, “construction cost” includes all associated costs of
 2963  the improvement. Proportionate-share mitigation shall be limited
 2964  to ensure that a development of regional impact meeting the
 2965  requirements of this subsection mitigates its impact on the
 2966  transportation system but is not responsible for the additional
 2967  cost of reducing or eliminating backlogs. This subsection also
 2968  applies to Florida Quality Developments pursuant to s. 380.061
 2969  and to detailed specific area plans implementing optional sector
 2970  plans pursuant to s. 163.3245.
 2971         (b) As used in this subsection, the term “backlog” means a
 2972  facility or facilities on which the adopted level-of-service
 2973  standard is exceeded by the existing trips, plus additional
 2974  projected background trips from any source other than the
 2975  development project under review that are forecast by
 2976  established traffic standards, including traffic modeling,
 2977  consistent with the University of Florida Bureau of Economic and
 2978  Business Research medium population projections. Additional
 2979  projected background trips are to be coincident with the
 2980  particular stage or phase of development under review.
 2981         (13) School concurrency shall be established on a
 2982  districtwide basis and shall include all public schools in the
 2983  district and all portions of the district, whether located in a
 2984  municipality or an unincorporated area unless exempt from the
 2985  public school facilities element pursuant to s. 163.3177(12).
 2986         (6)(a) If concurrency is applied to public education
 2987  facilities, The application of school concurrency to development
 2988  shall be based upon the adopted comprehensive plan, as amended.
 2989  all local governments within a county, except as provided in
 2990  paragraph (i) (f), shall include principles, guidelines,
 2991  standards, and strategies, including adopted levels of service,
 2992  in their comprehensive plans and adopt and transmit to the state
 2993  land planning agency the necessary plan amendments, along with
 2994  the interlocal agreements. If the county and one or more
 2995  municipalities have adopted school concurrency into its
 2996  comprehensive plan and interlocal agreement that represents at
 2997  least 80 percent of the total countywide population, the failure
 2998  of one or more municipalities to adopt the concurrency and enter
 2999  into the interlocal agreement does not preclude implementation
 3000  of school concurrency within jurisdictions of the school
 3001  district that have opted to implement concurrency. agreement,
 3002  for a compliance review pursuant to s. 163.3184(7) and (8). The
 3003  minimum requirements for school concurrency are the following:
 3004         (a) Public school facilities element.—A local government
 3005  shall adopt and transmit to the state land planning agency a
 3006  plan or plan amendment which includes a public school facilities
 3007  element which is consistent with the requirements of s.
 3008  163.3177(12) and which is determined to be in compliance as
 3009  defined in s. 163.3184(1)(b). All local government provisions
 3010  included in comprehensive plans regarding school concurrency
 3011  public school facilities plan elements within a county must be
 3012  consistent with each other as well as the requirements of this
 3013  part.
 3014         (b) Level-of-service standards.—The Legislature recognizes
 3015  that an essential requirement for a concurrency management
 3016  system is the level of service at which a public facility is
 3017  expected to operate.
 3018         1. Local governments and school boards imposing school
 3019  concurrency shall exercise authority in conjunction with each
 3020  other to establish jointly adequate level-of-service standards,
 3021  as defined in chapter 9J-5, Florida Administrative Code,
 3022  necessary to implement the adopted local government
 3023  comprehensive plan, based on data and analysis.
 3024         (c)2. Public school level-of-service standards shall be
 3025  included and adopted into the capital improvements element of
 3026  the local comprehensive plan and shall apply districtwide to all
 3027  schools of the same type. Types of schools may include
 3028  elementary, middle, and high schools as well as special purpose
 3029  facilities such as magnet schools.
 3030         (d)3. Local governments and school boards may shall have
 3031  the option to utilize tiered level-of-service standards to allow
 3032  time to achieve an adequate and desirable level of service as
 3033  circumstances warrant.
 3034         (e)4. For the purpose of determining whether levels of
 3035  service have been achieved, for the first 3 years of school
 3036  concurrency implementation, A school district that includes
 3037  relocatable facilities in its inventory of student stations
 3038  shall include the capacity of such relocatable facilities as
 3039  provided in s. 1013.35(2)(b)2.f., provided the relocatable
 3040  facilities were purchased after 1998 and the relocatable
 3041  facilities meet the standards for long-term use pursuant to s.
 3042  1013.20.
 3043         (c) Service areas.—The Legislature recognizes that an
 3044  essential requirement for a concurrency system is a designation
 3045  of the area within which the level of service will be measured
 3046  when an application for a residential development permit is
 3047  reviewed for school concurrency purposes. This delineation is
 3048  also important for purposes of determining whether the local
 3049  government has a financially feasible public school capital
 3050  facilities program that will provide schools which will achieve
 3051  and maintain the adopted level-of-service standards.
 3052         (f)1. In order to balance competing interests, preserve the
 3053  constitutional concept of uniformity, and avoid disruption of
 3054  existing educational and growth management processes, local
 3055  governments are encouraged, if they elect to adopt school
 3056  concurrency, to initially apply school concurrency to
 3057  development only on a districtwide basis so that a concurrency
 3058  determination for a specific development will be based upon the
 3059  availability of school capacity districtwide. To ensure that
 3060  development is coordinated with schools having available
 3061  capacity, within 5 years after adoption of school concurrency,
 3062  2. If a local government elects to governments shall apply
 3063  school concurrency on a less than districtwide basis, by such as
 3064  using school attendance zones or concurrency service areas:, as
 3065  provided in subparagraph 2.
 3066         a.2.For local governments applying school concurrency on a
 3067  less than districtwide basis, such as utilizing school
 3068  attendance zones or larger school concurrency service areas,
 3069  Local governments and school boards shall have the burden to
 3070  demonstrate that the utilization of school capacity is maximized
 3071  to the greatest extent possible in the comprehensive plan and
 3072  amendment, taking into account transportation costs and court
 3073  approved desegregation plans, as well as other factors. In
 3074  addition, in order to achieve concurrency within the service
 3075  area boundaries selected by local governments and school boards,
 3076  the service area boundaries, together with the standards for
 3077  establishing those boundaries, shall be identified and included
 3078  as supporting data and analysis for the comprehensive plan.
 3079         b.3. Where school capacity is available on a districtwide
 3080  basis but school concurrency is applied on a less than
 3081  districtwide basis in the form of concurrency service areas, if
 3082  the adopted level-of-service standard cannot be met in a
 3083  particular service area as applied to an application for a
 3084  development permit and if the needed capacity for the particular
 3085  service area is available in one or more contiguous service
 3086  areas, as adopted by the local government, then the local
 3087  government may not deny an application for site plan or final
 3088  subdivision approval or the functional equivalent for a
 3089  development or phase of a development on the basis of school
 3090  concurrency, and if issued, development impacts shall be
 3091  subtracted from the shifted to contiguous service area’s areas
 3092  with schools having available capacity totals. Students from the
 3093  development may not be required to go to the adjacent service
 3094  area unless the school board rezones the area in which the
 3095  development occurs.
 3096         (g)(d)Financial feasibility.—The Legislature recognizes
 3097  that financial feasibility is an important issue because The
 3098  premise of concurrency is that the public facilities will be
 3099  provided in order to achieve and maintain the adopted level-of
 3100  service standard. This part and chapter 9J-5, Florida
 3101  Administrative Code, contain specific standards to determine the
 3102  financial feasibility of capital programs. These standards were
 3103  adopted to make concurrency more predictable and local
 3104  governments more accountable.
 3105         1. A comprehensive plan that imposes amendment seeking to
 3106  impose school concurrency shall contain appropriate amendments
 3107  to the capital improvements element of the comprehensive plan,
 3108  consistent with the requirements of s. 163.3177(3) and rule 9J
 3109  5.016, Florida Administrative Code. The capital improvements
 3110  element shall identify facilities necessary to meet adopted
 3111  levels of service during a 5-year period consistent with the
 3112  school board’s educational set forth a financially feasible
 3113  public school capital facilities plan program, established in
 3114  conjunction with the school board, that demonstrates that the
 3115  adopted level-of-service standards will be achieved and
 3116  maintained.
 3117         (h)1. In order to limit the liability of local governments,
 3118  a local government may allow a landowner to proceed with
 3119  development of a specific parcel of land notwithstanding a
 3120  failure of the development to satisfy school concurrency, if all
 3121  the following factors are shown to exist:
 3122         a. The proposed development would be consistent with the
 3123  future land use designation for the specific property and with
 3124  pertinent portions of the adopted local plan, as determined by
 3125  the local government.
 3126         b. The local government’s capital improvements element and
 3127  the school board’s educational facilities plan provide for
 3128  school facilities adequate to serve the proposed development,
 3129  and the local government or school board has not implemented
 3130  that element or the project includes a plan that demonstrates
 3131  that the capital facilities needed as a result of the project
 3132  can be reasonably provided.
 3133         c. The local government and school board have provided a
 3134  means by which the landowner will be assessed a proportionate
 3135  share of the cost of providing the school facilities necessary
 3136  to serve the proposed development.
 3137         2. Such amendments shall demonstrate that the public school
 3138  capital facilities program meets all of the financial
 3139  feasibility standards of this part and chapter 9J-5, Florida
 3140  Administrative Code, that apply to capital programs which
 3141  provide the basis for mandatory concurrency on other public
 3142  facilities and services.
 3143         3. When the financial feasibility of a public school
 3144  capital facilities program is evaluated by the state land
 3145  planning agency for purposes of a compliance determination, the
 3146  evaluation shall be based upon the service areas selected by the
 3147  local governments and school board.
 3148         2.(e) Availability standard.—Consistent with the public
 3149  welfare, If a local government applies school concurrency, it
 3150  may not deny an application for site plan, final subdivision
 3151  approval, or the functional equivalent for a development or
 3152  phase of a development authorizing residential development for
 3153  failure to achieve and maintain the level-of-service standard
 3154  for public school capacity in a local school concurrency
 3155  management system where adequate school facilities will be in
 3156  place or under actual construction within 3 years after the
 3157  issuance of final subdivision or site plan approval, or the
 3158  functional equivalent. School concurrency is satisfied if the
 3159  developer executes a legally binding commitment to provide
 3160  mitigation proportionate to the demand for public school
 3161  facilities to be created by actual development of the property,
 3162  including, but not limited to, the options described in sub
 3163  subparagraph a. subparagraph 1. Options for proportionate-share
 3164  mitigation of impacts on public school facilities must be
 3165  established in the comprehensive plan public school facilities
 3166  element and the interlocal agreement pursuant to s. 163.31777.
 3167         a.1. Appropriate mitigation options include the
 3168  contribution of land; the construction, expansion, or payment
 3169  for land acquisition or construction of a public school
 3170  facility; the construction of a charter school that complies
 3171  with the requirements of s. 1002.33(18); or the creation of
 3172  mitigation banking based on the construction of a public school
 3173  facility in exchange for the right to sell capacity credits.
 3174  Such options must include execution by the applicant and the
 3175  local government of a development agreement that constitutes a
 3176  legally binding commitment to pay proportionate-share mitigation
 3177  for the additional residential units approved by the local
 3178  government in a development order and actually developed on the
 3179  property, taking into account residential density allowed on the
 3180  property prior to the plan amendment that increased the overall
 3181  residential density. The district school board must be a party
 3182  to such an agreement. As a condition of its entry into such a
 3183  development agreement, the local government may require the
 3184  landowner to agree to continuing renewal of the agreement upon
 3185  its expiration.
 3186         b.2. If the interlocal agreement education facilities plan
 3187  and the local government comprehensive plan public educational
 3188  facilities element authorize a contribution of land; the
 3189  construction, expansion, or payment for land acquisition; the
 3190  construction or expansion of a public school facility, or a
 3191  portion thereof; or the construction of a charter school that
 3192  complies with the requirements of s. 1002.33(18), as
 3193  proportionate-share mitigation, the local government shall
 3194  credit such a contribution, construction, expansion, or payment
 3195  toward any other impact fee or exaction imposed by local
 3196  ordinance for the same need, on a dollar-for-dollar basis at
 3197  fair market value.
 3198         c.3. Any proportionate-share mitigation must be directed by
 3199  the school board toward a school capacity improvement identified
 3200  in the a financially feasible 5-year school board’s educational
 3201  facilities district work plan that satisfies the demands created
 3202  by the development in accordance with a binding developer’s
 3203  agreement.
 3204         4. If a development is precluded from commencing because
 3205  there is inadequate classroom capacity to mitigate the impacts
 3206  of the development, the development may nevertheless commence if
 3207  there are accelerated facilities in an approved capital
 3208  improvement element scheduled for construction in year four or
 3209  later of such plan which, when built, will mitigate the proposed
 3210  development, or if such accelerated facilities will be in the
 3211  next annual update of the capital facilities element, the
 3212  developer enters into a binding, financially guaranteed
 3213  agreement with the school district to construct an accelerated
 3214  facility within the first 3 years of an approved capital
 3215  improvement plan, and the cost of the school facility is equal
 3216  to or greater than the development’s proportionate share. When
 3217  the completed school facility is conveyed to the school
 3218  district, the developer shall receive impact fee credits usable
 3219  within the zone where the facility is constructed or any
 3220  attendance zone contiguous with or adjacent to the zone where
 3221  the facility is constructed.
 3222         3.5. This paragraph does not limit the authority of a local
 3223  government to deny a development permit or its functional
 3224  equivalent pursuant to its home rule regulatory powers, except
 3225  as provided in this part.
 3226         (i)(f) Intergovernmental coordination.—
 3227         1. When establishing concurrency requirements for public
 3228  schools, a local government shall satisfy the requirements for
 3229  intergovernmental coordination set forth in s. 163.3177(6)(h)1.
 3230  and 2., except that A municipality is not required to be a
 3231  signatory to the interlocal agreement required by paragraph (j)
 3232  ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
 3233  imposition of school concurrency, and as a nonsignatory, may
 3234  shall not participate in the adopted local school concurrency
 3235  system, if the municipality meets all of the following criteria
 3236  for having no significant impact on school attendance:
 3237         1.a. The municipality has issued development orders for
 3238  fewer than 50 residential dwelling units during the preceding 5
 3239  years, or the municipality has generated fewer than 25
 3240  additional public school students during the preceding 5 years.
 3241         2.b. The municipality has not annexed new land during the
 3242  preceding 5 years in land use categories which permit
 3243  residential uses that will affect school attendance rates.
 3244         3.c. The municipality has no public schools located within
 3245  its boundaries.
 3246         4.d. At least 80 percent of the developable land within the
 3247  boundaries of the municipality has been built upon.
 3248         2. A municipality which qualifies as having no significant
 3249  impact on school attendance pursuant to the criteria of
 3250  subparagraph 1. must review and determine at the time of its
 3251  evaluation and appraisal report pursuant to s. 163.3191 whether
 3252  it continues to meet the criteria pursuant to s. 163.31777(6).
 3253  If the municipality determines that it no longer meets the
 3254  criteria, it must adopt appropriate school concurrency goals,
 3255  objectives, and policies in its plan amendments based on the
 3256  evaluation and appraisal report, and enter into the existing
 3257  interlocal agreement required by ss. 163.3177(6)(h)2. and
 3258  163.31777, in order to fully participate in the school
 3259  concurrency system. If such a municipality fails to do so, it
 3260  will be subject to the enforcement provisions of s. 163.3191.
 3261         (j)(g)Interlocal agreement for school concurrency.—When
 3262  establishing concurrency requirements for public schools, a
 3263  local government must enter into an interlocal agreement that
 3264  satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
 3265  163.31777 and the requirements of this subsection. The
 3266  interlocal agreement shall acknowledge both the school board’s
 3267  constitutional and statutory obligations to provide a uniform
 3268  system of free public schools on a countywide basis, and the
 3269  land use authority of local governments, including their
 3270  authority to approve or deny comprehensive plan amendments and
 3271  development orders. The interlocal agreement shall be submitted
 3272  to the state land planning agency by the local government as a
 3273  part of the compliance review, along with the other necessary
 3274  amendments to the comprehensive plan required by this part. In
 3275  addition to the requirements of ss. 163.3177(6)(h) and
 3276  163.31777, The interlocal agreement shall meet the following
 3277  requirements:
 3278         1. Establish the mechanisms for coordinating the
 3279  development, adoption, and amendment of each local government’s
 3280  school concurrency related provisions of the comprehensive plan
 3281  public school facilities element with each other and the plans
 3282  of the school board to ensure a uniform districtwide school
 3283  concurrency system.
 3284         2. Establish a process for the development of siting
 3285  criteria which encourages the location of public schools
 3286  proximate to urban residential areas to the extent possible and
 3287  seeks to collocate schools with other public facilities such as
 3288  parks, libraries, and community centers to the extent possible.
 3289         2.3. Specify uniform, districtwide level-of-service
 3290  standards for public schools of the same type and the process
 3291  for modifying the adopted level-of-service standards.
 3292         4. Establish a process for the preparation, amendment, and
 3293  joint approval by each local government and the school board of
 3294  a public school capital facilities program which is financially
 3295  feasible, and a process and schedule for incorporation of the
 3296  public school capital facilities program into the local
 3297  government comprehensive plans on an annual basis.
 3298         3.5. Define the geographic application of school
 3299  concurrency. If school concurrency is to be applied on a less
 3300  than districtwide basis in the form of concurrency service
 3301  areas, the agreement shall establish criteria and standards for
 3302  the establishment and modification of school concurrency service
 3303  areas. The agreement shall also establish a process and schedule
 3304  for the mandatory incorporation of the school concurrency
 3305  service areas and the criteria and standards for establishment
 3306  of the service areas into the local government comprehensive
 3307  plans. The agreement shall ensure maximum utilization of school
 3308  capacity, taking into account transportation costs and court
 3309  approved desegregation plans, as well as other factors. The
 3310  agreement shall also ensure the achievement and maintenance of
 3311  the adopted level-of-service standards for the geographic area
 3312  of application throughout the 5 years covered by the public
 3313  school capital facilities plan and thereafter by adding a new
 3314  fifth year during the annual update.
 3315         4.6. Establish a uniform districtwide procedure for
 3316  implementing school concurrency which provides for:
 3317         a. The evaluation of development applications for
 3318  compliance with school concurrency requirements, including
 3319  information provided by the school board on affected schools,
 3320  impact on levels of service, and programmed improvements for
 3321  affected schools and any options to provide sufficient capacity;
 3322         b. An opportunity for the school board to review and
 3323  comment on the effect of comprehensive plan amendments and
 3324  rezonings on the public school facilities plan; and
 3325         c. The monitoring and evaluation of the school concurrency
 3326  system.
 3327         7. Include provisions relating to amendment of the
 3328  agreement.
 3329         5.8. A process and uniform methodology for determining
 3330  proportionate-share mitigation pursuant to paragraph (h)
 3331  subparagraph (e)1.
 3332         (k)(h)Local government authority.—This subsection does not
 3333  limit the authority of a local government to grant or deny a
 3334  development permit or its functional equivalent prior to the
 3335  implementation of school concurrency.
 3336         (14) The state land planning agency shall, by October 1,
 3337  1998, adopt by rule minimum criteria for the review and
 3338  determination of compliance of a public school facilities
 3339  element adopted by a local government for purposes of imposition
 3340  of school concurrency.
 3341         (15)(a) Multimodal transportation districts may be
 3342  established under a local government comprehensive plan in areas
 3343  delineated on the future land use map for which the local
 3344  comprehensive plan assigns secondary priority to vehicle
 3345  mobility and primary priority to assuring a safe, comfortable,
 3346  and attractive pedestrian environment, with convenient
 3347  interconnection to transit. Such districts must incorporate
 3348  community design features that will reduce the number of
 3349  automobile trips or vehicle miles of travel and will support an
 3350  integrated, multimodal transportation system. Prior to the
 3351  designation of multimodal transportation districts, the
 3352  Department of Transportation shall be consulted by the local
 3353  government to assess the impact that the proposed multimodal
 3354  district area is expected to have on the adopted level-of
 3355  service standards established for Strategic Intermodal System
 3356  facilities, as defined in s. 339.64, and roadway facilities
 3357  funded in accordance with s. 339.2819. Further, the local
 3358  government shall, in cooperation with the Department of
 3359  Transportation, develop a plan to mitigate any impacts to the
 3360  Strategic Intermodal System, including the development of a
 3361  long-term concurrency management system pursuant to subsection
 3362  (9) and s. 163.3177(3)(d). Multimodal transportation districts
 3363  existing prior to July 1, 2005, shall meet, at a minimum, the
 3364  provisions of this section by July 1, 2006, or at the time of
 3365  the comprehensive plan update pursuant to the evaluation and
 3366  appraisal report, whichever occurs last.
 3367         (b) Community design elements of such a district include: a
 3368  complementary mix and range of land uses, including educational,
 3369  recreational, and cultural uses; interconnected networks of
 3370  streets designed to encourage walking and bicycling, with
 3371  traffic-calming where desirable; appropriate densities and
 3372  intensities of use within walking distance of transit stops;
 3373  daily activities within walking distance of residences, allowing
 3374  independence to persons who do not drive; public uses, streets,
 3375  and squares that are safe, comfortable, and attractive for the
 3376  pedestrian, with adjoining buildings open to the street and with
 3377  parking not interfering with pedestrian, transit, automobile,
 3378  and truck travel modes.
 3379         (c) Local governments may establish multimodal level-of
 3380  service standards that rely primarily on nonvehicular modes of
 3381  transportation within the district, when justified by an
 3382  analysis demonstrating that the existing and planned community
 3383  design will provide an adequate level of mobility within the
 3384  district based upon professionally accepted multimodal level-of
 3385  service methodologies. The analysis must also demonstrate that
 3386  the capital improvements required to promote community design
 3387  are financially feasible over the development or redevelopment
 3388  timeframe for the district and that community design features
 3389  within the district provide convenient interconnection for a
 3390  multimodal transportation system. Local governments may issue
 3391  development permits in reliance upon all planned community
 3392  design capital improvements that are financially feasible over
 3393  the development or redevelopment timeframe for the district,
 3394  without regard to the period of time between development or
 3395  redevelopment and the scheduled construction of the capital
 3396  improvements. A determination of financial feasibility shall be
 3397  based upon currently available funding or funding sources that
 3398  could reasonably be expected to become available over the
 3399  planning period.
 3400         (d) Local governments may reduce impact fees or local
 3401  access fees for development within multimodal transportation
 3402  districts based on the reduction of vehicle trips per household
 3403  or vehicle miles of travel expected from the development pattern
 3404  planned for the district.
 3405         (16) It is the intent of the Legislature to provide a
 3406  method by which the impacts of development on transportation
 3407  facilities can be mitigated by the cooperative efforts of the
 3408  public and private sectors. The methodology used to calculate
 3409  proportionate fair-share mitigation under this section shall be
 3410  as provided for in subsection (12).
 3411         (a) By December 1, 2006, each local government shall adopt
 3412  by ordinance a methodology for assessing proportionate fair
 3413  share mitigation options. By December 1, 2005, the Department of
 3414  Transportation shall develop a model transportation concurrency
 3415  management ordinance with methodologies for assessing
 3416  proportionate fair-share mitigation options.
 3417         (b)1. In its transportation concurrency management system,
 3418  a local government shall, by December 1, 2006, include
 3419  methodologies that will be applied to calculate proportionate
 3420  fair-share mitigation. A developer may choose to satisfy all
 3421  transportation concurrency requirements by contributing or
 3422  paying proportionate fair-share mitigation if transportation
 3423  facilities or facility segments identified as mitigation for
 3424  traffic impacts are specifically identified for funding in the
 3425  5-year schedule of capital improvements in the capital
 3426  improvements element of the local plan or the long-term
 3427  concurrency management system or if such contributions or
 3428  payments to such facilities or segments are reflected in the 5
 3429  year schedule of capital improvements in the next regularly
 3430  scheduled update of the capital improvements element. Updates to
 3431  the 5-year capital improvements element which reflect
 3432  proportionate fair-share contributions may not be found not in
 3433  compliance based on ss. 163.3164(32) and 163.3177(3) if
 3434  additional contributions, payments or funding sources are
 3435  reasonably anticipated during a period not to exceed 10 years to
 3436  fully mitigate impacts on the transportation facilities.
 3437         2. Proportionate fair-share mitigation shall be applied as
 3438  a credit against impact fees to the extent that all or a portion
 3439  of the proportionate fair-share mitigation is used to address
 3440  the same capital infrastructure improvements contemplated by the
 3441  local government’s impact fee ordinance.
 3442         (c) Proportionate fair-share mitigation includes, without
 3443  limitation, separately or collectively, private funds,
 3444  contributions of land, and construction and contribution of
 3445  facilities and may include public funds as determined by the
 3446  local government. Proportionate fair-share mitigation may be
 3447  directed toward one or more specific transportation improvements
 3448  reasonably related to the mobility demands created by the
 3449  development and such improvements may address one or more modes
 3450  of travel. The fair market value of the proportionate fair-share
 3451  mitigation shall not differ based on the form of mitigation. A
 3452  local government may not require a development to pay more than
 3453  its proportionate fair-share contribution regardless of the
 3454  method of mitigation. Proportionate fair-share mitigation shall
 3455  be limited to ensure that a development meeting the requirements
 3456  of this section mitigates its impact on the transportation
 3457  system but is not responsible for the additional cost of
 3458  reducing or eliminating backlogs.
 3459         (d) This subsection does not require a local government to
 3460  approve a development that is not otherwise qualified for
 3461  approval pursuant to the applicable local comprehensive plan and
 3462  land development regulations.
 3463         (e) Mitigation for development impacts to facilities on the
 3464  Strategic Intermodal System made pursuant to this subsection
 3465  requires the concurrence of the Department of Transportation.
 3466         (f) If the funds in an adopted 5-year capital improvements
 3467  element are insufficient to fully fund construction of a
 3468  transportation improvement required by the local government’s
 3469  concurrency management system, a local government and a
 3470  developer may still enter into a binding proportionate-share
 3471  agreement authorizing the developer to construct that amount of
 3472  development on which the proportionate share is calculated if
 3473  the proportionate-share amount in such agreement is sufficient
 3474  to pay for one or more improvements which will, in the opinion
 3475  of the governmental entity or entities maintaining the
 3476  transportation facilities, significantly benefit the impacted
 3477  transportation system. The improvements funded by the
 3478  proportionate-share component must be adopted into the 5-year
 3479  capital improvements schedule of the comprehensive plan at the
 3480  next annual capital improvements element update. The funding of
 3481  any improvements that significantly benefit the impacted
 3482  transportation system satisfies concurrency requirements as a
 3483  mitigation of the development’s impact upon the overall
 3484  transportation system even if there remains a failure of
 3485  concurrency on other impacted facilities.
 3486         (g) Except as provided in subparagraph (b)1., this section
 3487  may not prohibit the Department of Community Affairs from
 3488  finding other portions of the capital improvements element
 3489  amendments not in compliance as provided in this chapter.
 3490         (h) The provisions of this subsection do not apply to a
 3491  development of regional impact satisfying the requirements of
 3492  subsection (12).
 3493         (i) As used in this subsection, the term “backlog” means a
 3494  facility or facilities on which the adopted level-of-service
 3495  standard is exceeded by the existing trips, plus additional
 3496  projected background trips from any source other than the
 3497  development project under review that are forecast by
 3498  established traffic standards, including traffic modeling,
 3499  consistent with the University of Florida Bureau of Economic and
 3500  Business Research medium population projections. Additional
 3501  projected background trips are to be coincident with the
 3502  particular stage or phase of development under review.
 3503         (17) A local government and the developer of affordable
 3504  workforce housing units developed in accordance with s.
 3505  380.06(19) or s. 380.0651(3) may identify an employment center
 3506  or centers in close proximity to the affordable workforce
 3507  housing units. If at least 50 percent of the units are occupied
 3508  by an employee or employees of an identified employment center
 3509  or centers, all of the affordable workforce housing units are
 3510  exempt from transportation concurrency requirements, and the
 3511  local government may not reduce any transportation trip
 3512  generation entitlements of an approved development-of-regional
 3513  impact development order. As used in this subsection, the term
 3514  “close proximity” means 5 miles from the nearest point of the
 3515  development of regional impact to the nearest point of the
 3516  employment center, and the term “employment center” means a
 3517  place of employment that employs at least 25 or more full-time
 3518  employees.
 3519         Section 16. Section 163.3182, Florida Statutes, is amended
 3520  to read:
 3521         163.3182 Transportation deficiencies concurrency backlogs.—
 3522         (1) DEFINITIONS.—For purposes of this section, the term:
 3523         (a) “Transportation deficiency concurrency backlog area”
 3524  means the geographic area within the unincorporated portion of a
 3525  county or within the municipal boundary of a municipality
 3526  designated in a local government comprehensive plan for which a
 3527  transportation development concurrency backlog authority is
 3528  created pursuant to this section. A transportation deficiency
 3529  concurrency backlog area created within the corporate boundary
 3530  of a municipality shall be made pursuant to an interlocal
 3531  agreement between a county, a municipality or municipalities,
 3532  and any affected taxing authority or authorities.
 3533         (b) “Authority” or “transportation development concurrency
 3534  backlog authority” means the governing body of a county or
 3535  municipality within which an authority is created.
 3536         (c) “Governing body” means the council, commission, or
 3537  other legislative body charged with governing the county or
 3538  municipality within which an a transportation concurrency
 3539  backlog authority is created pursuant to this section.
 3540         (d) “Transportation deficiency concurrency backlog” means
 3541  an identified need deficiency where the existing and projected
 3542  extent of traffic volume exceeds the level of service standard
 3543  adopted in a local government comprehensive plan for a
 3544  transportation facility.
 3545         (e) “Transportation sufficiency concurrency backlog plan”
 3546  means the plan adopted as part of a local government
 3547  comprehensive plan by the governing body of a county or
 3548  municipality acting as a transportation development concurrency
 3549  backlog authority.
 3550         (f) “Transportation concurrency backlog project” means any
 3551  designated transportation project identified for construction
 3552  within the jurisdiction of a transportation development
 3553  concurrency backlog authority.
 3554         (g) “Debt service millage” means any millage levied
 3555  pursuant to s. 12, Art. VII of the State Constitution.
 3556         (h) “Increment revenue” means the amount calculated
 3557  pursuant to subsection (5).
 3558         (i) “Taxing authority” means a public body that levies or
 3559  is authorized to levy an ad valorem tax on real property located
 3560  within a transportation deficiency concurrency backlog area,
 3561  except a school district.
 3562         (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
 3563  BACKLOG AUTHORITIES.—
 3564         (a) A county or municipality may create a transportation
 3565  development concurrency backlog authority if it has an
 3566  identified transportation deficiency concurrency backlog.
 3567         (b) Acting as the transportation development concurrency
 3568  backlog authority within the authority’s jurisdictional
 3569  boundary, the governing body of a county or municipality shall
 3570  adopt and implement a plan to eliminate all identified
 3571  transportation deficiencies concurrency backlogs within the
 3572  authority’s jurisdiction using funds provided pursuant to
 3573  subsection (5) and as otherwise provided pursuant to this
 3574  section.
 3575         (c) The Legislature finds and declares that there exist in
 3576  many counties and municipalities areas that have significant
 3577  transportation deficiencies and inadequate transportation
 3578  facilities; that many insufficiencies and inadequacies severely
 3579  limit or prohibit the satisfaction of transportation level of
 3580  service concurrency standards; that the transportation
 3581  insufficiencies and inadequacies affect the health, safety, and
 3582  welfare of the residents of these counties and municipalities;
 3583  that the transportation insufficiencies and inadequacies
 3584  adversely affect economic development and growth of the tax base
 3585  for the areas in which these insufficiencies and inadequacies
 3586  exist; and that the elimination of transportation deficiencies
 3587  and inadequacies and the satisfaction of transportation
 3588  concurrency standards are paramount public purposes for the
 3589  state and its counties and municipalities.
 3590         (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
 3591  BACKLOG AUTHORITY.—Each transportation development concurrency
 3592  backlog authority created pursuant to this section has the
 3593  powers necessary or convenient to carry out the purposes of this
 3594  section, including the following powers in addition to others
 3595  granted in this section:
 3596         (a) To make and execute contracts and other instruments
 3597  necessary or convenient to the exercise of its powers under this
 3598  section.
 3599         (b) To undertake and carry out transportation concurrency
 3600  backlog projects for transportation facilities designed to
 3601  relieve transportation deficiencies that have a concurrency
 3602  backlog within the authority’s jurisdiction. Transportation
 3603  Concurrency backlog projects may include transportation
 3604  facilities that provide for alternative modes of travel
 3605  including sidewalks, bikeways, and mass transit which are
 3606  related to a deficient backlogged transportation facility.
 3607         (c) To invest any transportation concurrency backlog funds
 3608  held in reserve, sinking funds, or any such funds not required
 3609  for immediate disbursement in property or securities in which
 3610  savings banks may legally invest funds subject to the control of
 3611  the authority and to redeem such bonds as have been issued
 3612  pursuant to this section at the redemption price established
 3613  therein, or to purchase such bonds at less than redemption
 3614  price. All such bonds redeemed or purchased shall be canceled.
 3615         (d) To borrow money, including, but not limited to, issuing
 3616  debt obligations such as, but not limited to, bonds, notes,
 3617  certificates, and similar debt instruments; to apply for and
 3618  accept advances, loans, grants, contributions, and any other
 3619  forms of financial assistance from the Federal Government or the
 3620  state, county, or any other public body or from any sources,
 3621  public or private, for the purposes of this part; to give such
 3622  security as may be required; to enter into and carry out
 3623  contracts or agreements; and to include in any contracts for
 3624  financial assistance with the Federal Government for or with
 3625  respect to a transportation concurrency backlog project and
 3626  related activities such conditions imposed under federal laws as
 3627  the transportation development concurrency backlog authority
 3628  considers reasonable and appropriate and which are not
 3629  inconsistent with the purposes of this section.
 3630         (e) To make or have made all surveys and plans necessary to
 3631  the carrying out of the purposes of this section; to contract
 3632  with any persons, public or private, in making and carrying out
 3633  such plans; and to adopt, approve, modify, or amend such
 3634  transportation sufficiency concurrency backlog plans.
 3635         (f) To appropriate such funds and make such expenditures as
 3636  are necessary to carry out the purposes of this section, and to
 3637  enter into agreements with other public bodies, which agreements
 3638  may extend over any period notwithstanding any provision or rule
 3639  of law to the contrary.
 3640         (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.—
 3641         (a) Each transportation development concurrency backlog
 3642  authority shall adopt a transportation sufficiency concurrency
 3643  backlog plan as a part of the local government comprehensive
 3644  plan within 6 months after the creation of the authority. The
 3645  plan must:
 3646         (a)1. Identify all transportation facilities that have been
 3647  designated as deficient and require the expenditure of moneys to
 3648  upgrade, modify, or mitigate the deficiency.
 3649         (b)2. Include a priority listing of all transportation
 3650  facilities that have been designated as deficient and do not
 3651  satisfy concurrency requirements pursuant to s. 163.3180, and
 3652  the applicable local government comprehensive plan.
 3653         (c)3. Establish a schedule for financing and construction
 3654  of transportation concurrency backlog projects that will
 3655  eliminate transportation deficiencies concurrency backlogs
 3656  within the jurisdiction of the authority within 10 years after
 3657  the transportation sufficiency concurrency backlog plan
 3658  adoption. The schedule shall be adopted as part of the local
 3659  government comprehensive plan.
 3660         (b) The adoption of the transportation concurrency backlog
 3661  plan shall be exempt from the provisions of s. 163.3187(1).
 3662  
 3663         Notwithstanding such schedule requirements, as long as the
 3664  schedule provides for the elimination of all transportation
 3665  deficiencies concurrency backlogs within 10 years after the
 3666  adoption of the transportation sufficiency concurrency backlog
 3667  plan, the final maturity date of any debt incurred to finance or
 3668  refinance the related projects may be no later than 40 years
 3669  after the date the debt is incurred and the authority may
 3670  continue operations and administer the trust fund established as
 3671  provided in subsection (5) for as long as the debt remains
 3672  outstanding.
 3673         (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
 3674  development concurrency backlog authority shall establish a
 3675  local transportation concurrency backlog trust fund upon
 3676  creation of the authority. Each local trust fund shall be
 3677  administered by the transportation development concurrency
 3678  backlog authority within which a transportation deficiencies
 3679  have concurrency backlog has been identified. Each local trust
 3680  fund must continue to be funded under this section for as long
 3681  as the projects set forth in the related transportation
 3682  sufficiency concurrency backlog plan remain to be completed or
 3683  until any debt incurred to finance or refinance the related
 3684  projects is no longer outstanding, whichever occurs later.
 3685  Beginning in the first fiscal year after the creation of the
 3686  authority, each local trust fund shall be funded by the proceeds
 3687  of an ad valorem tax increment collected within each
 3688  transportation deficiency concurrency backlog area to be
 3689  determined annually and shall be a minimum of 25 percent of the
 3690  difference between the amounts set forth in paragraphs (a) and
 3691  (b), except that if all of the affected taxing authorities agree
 3692  under an interlocal agreement, a particular local trust fund may
 3693  be funded by the proceeds of an ad valorem tax increment greater
 3694  than 25 percent of the difference between the amounts set forth
 3695  in paragraphs (a) and (b):
 3696         (a) The amount of ad valorem tax levied each year by each
 3697  taxing authority, exclusive of any amount from any debt service
 3698  millage, on taxable real property contained within the
 3699  jurisdiction of the transportation development concurrency
 3700  backlog authority and within the transportation deficiency
 3701  backlog area; and
 3702         (b) The amount of ad valorem taxes which would have been
 3703  produced by the rate upon which the tax is levied each year by
 3704  or for each taxing authority, exclusive of any debt service
 3705  millage, upon the total of the assessed value of the taxable
 3706  real property within the transportation deficiency concurrency
 3707  backlog area as shown on the most recent assessment roll used in
 3708  connection with the taxation of such property of each taxing
 3709  authority prior to the effective date of the ordinance funding
 3710  the trust fund.
 3711         (6) EXEMPTIONS.—
 3712         (a) The following public bodies or taxing authorities are
 3713  exempt from the provisions of this section:
 3714         1. A special district that levies ad valorem taxes on
 3715  taxable real property in more than one county.
 3716         2. A special district for which the sole available source
 3717  of revenue is the authority to levy ad valorem taxes at the time
 3718  an ordinance is adopted under this section. However, revenues or
 3719  aid that may be dispensed or appropriated to a district as
 3720  defined in s. 388.011 at the discretion of an entity other than
 3721  such district are shall not be deemed available.
 3722         3. A library district.
 3723         4. A neighborhood improvement district created under the
 3724  Safe Neighborhoods Act.
 3725         5. A metropolitan transportation authority.
 3726         6. A water management district created under s. 373.069.
 3727         7. A community redevelopment agency.
 3728         (b) A transportation development concurrency exemption
 3729  authority may also exempt from this section a special district
 3730  that levies ad valorem taxes within the transportation
 3731  deficiency concurrency backlog area pursuant to s.
 3732  163.387(2)(d).
 3733         (7) TRANSPORTATION CONCURRENCY SATISFACTION.—Upon adoption
 3734  of a transportation sufficiency concurrency backlog plan as a
 3735  part of the local government comprehensive plan, and the plan
 3736  going into effect, the area subject to the plan shall be deemed
 3737  to have achieved and maintained transportation level-of-service
 3738  standards, and to have met requirements for financial
 3739  feasibility for transportation facilities, and for the purpose
 3740  of proposed development transportation concurrency has been
 3741  satisfied. Proportionate fair-share mitigation shall be limited
 3742  to ensure that a development inside a transportation deficiency
 3743  concurrency backlog area is not responsible for the additional
 3744  costs of eliminating deficiencies backlogs.
 3745         (8) DISSOLUTION.—Upon completion of all transportation
 3746  concurrency backlog projects identified in the transportation
 3747  sufficiency plan and repayment or defeasance of all debt issued
 3748  to finance or refinance such projects, a transportation
 3749  development concurrency backlog authority shall be dissolved,
 3750  and its assets and liabilities transferred to the county or
 3751  municipality within which the authority is located. All
 3752  remaining assets of the authority must be used for
 3753  implementation of transportation projects within the
 3754  jurisdiction of the authority. The local government
 3755  comprehensive plan shall be amended to remove the transportation
 3756  concurrency backlog plan.
 3757         Section 17. Section 163.3184, Florida Statutes, is amended
 3758  to read:
 3759         163.3184 Process for adoption of comprehensive plan or plan
 3760  amendment.—
 3761         (1) DEFINITIONS.—As used in this section, the term:
 3762         (a) “Affected person” includes the affected local
 3763  government; persons owning property, residing, or owning or
 3764  operating a business within the boundaries of the local
 3765  government whose plan is the subject of the review; owners of
 3766  real property abutting real property that is the subject of a
 3767  proposed change to a future land use map; and adjoining local
 3768  governments that can demonstrate that the plan or plan amendment
 3769  will produce substantial impacts on the increased need for
 3770  publicly funded infrastructure or substantial impacts on areas
 3771  designated for protection or special treatment within their
 3772  jurisdiction. Each person, other than an adjoining local
 3773  government, in order to qualify under this definition, shall
 3774  also have submitted oral or written comments, recommendations,
 3775  or objections to the local government during the period of time
 3776  beginning with the transmittal hearing for the plan or plan
 3777  amendment and ending with the adoption of the plan or plan
 3778  amendment.
 3779         (b) “In compliance” means consistent with the requirements
 3780  of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
 3781  163.3248 with the state comprehensive plan, with the appropriate
 3782  strategic regional policy plan, and with chapter 9J-5, Florida
 3783  Administrative Code, where such rule is not inconsistent with
 3784  this part and with the principles for guiding development in
 3785  designated areas of critical state concern and with part III of
 3786  chapter 369, where applicable.
 3787         (c) “Reviewing agencies” means:
 3788         1. The state land planning agency;
 3789         2. The appropriate regional planning council;
 3790         3. The appropriate water management district;
 3791         4. The Department of Environmental Protection;
 3792         5. The Department of State;
 3793         6. The Department of Transportation;
 3794         7. In the case of plan amendments relating to public
 3795  schools, the Department of Education;
 3796         8. In the case of plans or plan amendments that affect a
 3797  military installation listed in s. 163.3175, the commanding
 3798  officer of the affected military installation;
 3799         9. In the case of county plans and plan amendments, the
 3800  Fish and Wildlife Conservation Commission and the Department of
 3801  Agriculture and Consumer Services; and
 3802         10. In the case of municipal plans and plan amendments, the
 3803  county in which the municipality is located.
 3804         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
 3805         (a) Plan amendments adopted by local governments shall
 3806  follow the expedited state review process in subsection (3),
 3807  except as set forth in paragraphs (b) and (c).
 3808         (b) Plan amendments that qualify as small-scale development
 3809  amendments may follow the small-scale review process in s.
 3810  163.3187.
 3811         (c) Plan amendments that are in an area of critical state
 3812  concern designated pursuant to s. 380.05; propose a rural land
 3813  stewardship area pursuant to s. 163.3248; propose a sector plan
 3814  pursuant to s. 163.3245; update a comprehensive plan based on an
 3815  evaluation and appraisal pursuant to s. 163.3191; or are new
 3816  plans for newly incorporated municipalities adopted pursuant to
 3817  s. 163.3167 shall follow the state coordinated review process in
 3818  subsection (4).
 3819         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
 3820  COMPREHENSIVE PLAN AMENDMENTS.—
 3821         (a) The process for amending a comprehensive plan described
 3822  in this subsection shall apply to all amendments except as
 3823  provided in paragraphs (2)(b) and (c) and shall be applicable
 3824  statewide.
 3825         (b)1. The local government, after the initial public
 3826  hearing held pursuant to subsection (11), shall transmit within
 3827  10 days the amendment or amendments and appropriate supporting
 3828  data and analyses to the reviewing agencies. The local governing
 3829  body shall also transmit a copy of the amendments and supporting
 3830  data and analyses to any other local government or governmental
 3831  agency that has filed a written request with the governing body.
 3832         2. The reviewing agencies and any other local government or
 3833  governmental agency specified in subparagraph 1. may provide
 3834  comments regarding the amendment or amendments to the local
 3835  government. State agencies shall only comment on important state
 3836  resources and facilities that will be adversely impacted by the
 3837  amendment if adopted. Comments provided by state agencies shall
 3838  state with specificity how the plan amendment will adversely
 3839  impact an important state resource or facility and shall
 3840  identify measures the local government may take to eliminate,
 3841  reduce, or mitigate the adverse impacts. Such comments, if not
 3842  resolved, may result in a challenge by the state land planning
 3843  agency to the plan amendment. Agencies and local governments
 3844  must transmit their comments to the affected local government
 3845  such that they are received by the local government not later
 3846  than 30 days from the date on which the agency or government
 3847  received the amendment or amendments. Reviewing agencies shall
 3848  also send a copy of their comments to the state land planning
 3849  agency.
 3850         3. Comments to the local government from a regional
 3851  planning council, county, or municipality shall be limited as
 3852  follows:
 3853         a. The regional planning council review and comments shall
 3854  be limited to adverse effects on regional resources or
 3855  facilities identified in the strategic regional policy plan and
 3856  extrajurisdictional impacts that would be inconsistent with the
 3857  comprehensive plan of any affected local government within the
 3858  region. A regional planning council may not review and comment
 3859  on a proposed comprehensive plan amendment prepared by such
 3860  council unless the plan amendment has been changed by the local
 3861  government subsequent to the preparation of the plan amendment
 3862  by the regional planning council.
 3863         b. County comments shall be in the context of the
 3864  relationship and effect of the proposed plan amendments on the
 3865  county plan.
 3866         c. Municipal comments shall be in the context of the
 3867  relationship and effect of the proposed plan amendments on the
 3868  municipal plan.
 3869         d. Military installation comments shall be provided in
 3870  accordance with s. 163.3175.
 3871         4. Comments to the local government from state agencies
 3872  shall be limited to the following subjects as they relate to
 3873  important state resources and facilities that will be adversely
 3874  impacted by the amendment if adopted:
 3875         a. The Department of Environmental Protection shall limit
 3876  its comments to the subjects of air and water pollution;
 3877  wetlands and other surface waters of the state; federal and
 3878  state-owned lands and interest in lands, including state parks,
 3879  greenways and trails, and conservation easements; solid waste;
 3880  water and wastewater treatment; and the Everglades ecosystem
 3881  restoration.
 3882         b. The Department of State shall limit its comments to the
 3883  subjects of historic and archeological resources.
 3884         c. The Department of Transportation shall limit its
 3885  comments to the subject of the strategic intermodal system.
 3886         d. The Fish and Wildlife Conservation Commission shall
 3887  limit its comments to subjects relating to fish and wildlife
 3888  habitat and listed species and their habitat.
 3889         e. The Department of Agriculture and Consumer Services
 3890  shall limit its comments to the subjects of agriculture,
 3891  forestry, and aquaculture issues.
 3892         f. The Department of Education shall limit its comments to
 3893  the subject of public school facilities.
 3894         g. The appropriate water management district shall limit
 3895  its comments to flood protection and floodplain management,
 3896  wetlands and other surface waters, and regional water supply.
 3897         h. The state land planning agency shall limit its comments
 3898  to important state resources and facilities outside the
 3899  jurisdiction of other commenting state agencies and may include
 3900  comments on countervailing planning policies and objectives
 3901  served by the plan amendment that should be balanced against
 3902  potential adverse impacts to important state resources and
 3903  facilities.
 3904         (c)1. The local government shall hold its second public
 3905  hearing, which shall be a hearing on whether to adopt one or
 3906  more comprehensive plan amendments pursuant to subsection (11).
 3907  If the local government fails, within 180 days after receipt of
 3908  agency comments, to hold the second public hearing, the
 3909  amendments shall be deemed withdrawn unless extended by
 3910  agreement with notice to the state land planning agency and any
 3911  affected person that provided comments on the amendment. The
 3912  180-day limitation does not apply to amendments processed
 3913  pursuant to s. 380.06.
 3914         2. All comprehensive plan amendments adopted by the
 3915  governing body, along with the supporting data and analysis,
 3916  shall be transmitted within 10 days after the second public
 3917  hearing to the state land planning agency and any other agency
 3918  or local government that provided timely comments under
 3919  subparagraph (b)2.
 3920         3. The state land planning agency shall notify the local
 3921  government of any deficiencies within 5 working days after
 3922  receipt of an amendment package. For purposes of completeness,
 3923  an amendment shall be deemed complete if it contains a full,
 3924  executed copy of the adoption ordinance or ordinances; in the
 3925  case of a text amendment, a full copy of the amended language in
 3926  legislative format with new words inserted in the text
 3927  underlined, and words deleted stricken with hyphens; in the case
 3928  of a future land use map amendment, a copy of the future land
 3929  use map clearly depicting the parcel, its existing future land
 3930  use designation, and its adopted designation; and a copy of any
 3931  data and analyses the local government deems appropriate.
 3932         4. An amendment adopted under this paragraph does not
 3933  become effective until 31 days after the state land planning
 3934  agency notifies the local government that the plan amendment
 3935  package is complete. If timely challenged, an amendment does not
 3936  become effective until the state land planning agency or the
 3937  Administration Commission enters a final order determining the
 3938  adopted amendment to be in compliance.
 3939         (4) STATE COORDINATED REVIEW PROCESS.—
 3940         (a)(2) Coordination.—The state land planning agency shall
 3941  only use the state coordinated review process described in this
 3942  subsection for review of comprehensive plans and plan amendments
 3943  described in paragraph (2)(c). Each comprehensive plan or plan
 3944  amendment proposed to be adopted pursuant to this subsection
 3945  part shall be transmitted, adopted, and reviewed in the manner
 3946  prescribed in this subsection section. The state land planning
 3947  agency shall have responsibility for plan review, coordination,
 3948  and the preparation and transmission of comments, pursuant to
 3949  this subsection section, to the local governing body responsible
 3950  for the comprehensive plan or plan amendment. The state land
 3951  planning agency shall maintain a single file concerning any
 3952  proposed or adopted plan amendment submitted by a local
 3953  government for any review under this section. Copies of all
 3954  correspondence, papers, notes, memoranda, and other documents
 3955  received or generated by the state land planning agency must be
 3956  placed in the appropriate file. Paper copies of all electronic
 3957  mail correspondence must be placed in the file. The file and its
 3958  contents must be available for public inspection and copying as
 3959  provided in chapter 119.
 3960         (b)(3) Local government transmittal of proposed plan or
 3961  amendment.—
 3962         (a) Each local governing body proposing a plan or plan
 3963  amendment specified in paragraph (2)(c) shall transmit the
 3964  complete proposed comprehensive plan or plan amendment to the
 3965  reviewing agencies state land planning agency, the appropriate
 3966  regional planning council and water management district, the
 3967  Department of Environmental Protection, the Department of State,
 3968  and the Department of Transportation, and, in the case of
 3969  municipal plans, to the appropriate county, and, in the case of
 3970  county plans, to the Fish and Wildlife Conservation Commission
 3971  and the Department of Agriculture and Consumer Services,
 3972  immediately following the first a public hearing pursuant to
 3973  subsection (11). The transmitted document shall clearly indicate
 3974  on the cover sheet that this plan amendment is subject to the
 3975  state coordinated review process of s. 163.3184(4)(15) as
 3976  specified in the state land planning agency’s procedural rules.
 3977  The local governing body shall also transmit a copy of the
 3978  complete proposed comprehensive plan or plan amendment to any
 3979  other unit of local government or government agency in the state
 3980  that has filed a written request with the governing body for the
 3981  plan or plan amendment. The local government may request a
 3982  review by the state land planning agency pursuant to subsection
 3983  (6) at the time of the transmittal of an amendment.
 3984         (b) A local governing body shall not transmit portions of a
 3985  plan or plan amendment unless it has previously provided to all
 3986  state agencies designated by the state land planning agency a
 3987  complete copy of its adopted comprehensive plan pursuant to
 3988  subsection (7) and as specified in the agency’s procedural
 3989  rules. In the case of comprehensive plan amendments, the local
 3990  governing body shall transmit to the state land planning agency,
 3991  the appropriate regional planning council and water management
 3992  district, the Department of Environmental Protection, the
 3993  Department of State, and the Department of Transportation, and,
 3994  in the case of municipal plans, to the appropriate county and,
 3995  in the case of county plans, to the Fish and Wildlife
 3996  Conservation Commission and the Department of Agriculture and
 3997  Consumer Services the materials specified in the state land
 3998  planning agency’s procedural rules and, in cases in which the
 3999  plan amendment is a result of an evaluation and appraisal report
 4000  adopted pursuant to s. 163.3191, a copy of the evaluation and
 4001  appraisal report. Local governing bodies shall consolidate all
 4002  proposed plan amendments into a single submission for each of
 4003  the two plan amendment adoption dates during the calendar year
 4004  pursuant to s. 163.3187.
 4005         (c) A local government may adopt a proposed plan amendment
 4006  previously transmitted pursuant to this subsection, unless
 4007  review is requested or otherwise initiated pursuant to
 4008  subsection (6).
 4009         (d) In cases in which a local government transmits multiple
 4010  individual amendments that can be clearly and legally separated
 4011  and distinguished for the purpose of determining whether to
 4012  review the proposed amendment, and the state land planning
 4013  agency elects to review several or a portion of the amendments
 4014  and the local government chooses to immediately adopt the
 4015  remaining amendments not reviewed, the amendments immediately
 4016  adopted and any reviewed amendments that the local government
 4017  subsequently adopts together constitute one amendment cycle in
 4018  accordance with s. 163.3187(1).
 4019         (e) At the request of an applicant, a local government
 4020  shall consider an application for zoning changes that would be
 4021  required to properly enact the provisions of any proposed plan
 4022  amendment transmitted pursuant to this subsection. Zoning
 4023  changes approved by the local government are contingent upon the
 4024  comprehensive plan or plan amendment transmitted becoming
 4025  effective.
 4026         (c)(4)Reviewing agency comments INTERGOVERNMENTAL REVIEW.
 4027  The governmental agencies specified in paragraph (b) may
 4028  paragraph (3)(a) shall provide comments regarding the plan or
 4029  plan amendments in accordance with subparagraphs (3)(b)2.-4.
 4030  However, comments on plans or plan amendments required to be
 4031  reviewed under the state coordinated review process shall be
 4032  sent to the state land planning agency within 30 days after
 4033  receipt by the state land planning agency of the complete
 4034  proposed plan or plan amendment from the local government. If
 4035  the state land planning agency comments on a plan or plan
 4036  amendment adopted under the state coordinated review process, it
 4037  shall provide comments according to paragraph (d). Any other
 4038  unit of local government or government agency specified in
 4039  paragraph (b) may provide comments to the state land planning
 4040  agency in accordance with subparagraphs (3)(b)2.-4. within 30
 4041  days after receipt by the state land planning agency of the
 4042  complete proposed plan or plan amendment. If the plan or plan
 4043  amendment includes or relates to the public school facilities
 4044  element pursuant to s. 163.3177(12), the state land planning
 4045  agency shall submit a copy to the Office of Educational
 4046  Facilities of the Commissioner of Education for review and
 4047  comment. The appropriate regional planning council shall also
 4048  provide its written comments to the state land planning agency
 4049  within 30 days after receipt by the state land planning agency
 4050  of the complete proposed plan amendment and shall specify any
 4051  objections, recommendations for modifications, and comments of
 4052  any other regional agencies to which the regional planning
 4053  council may have referred the proposed plan amendment. Written
 4054  comments submitted by the public shall be sent directly to the
 4055  local government within 30 days after notice of transmittal by
 4056  the local government of the proposed plan amendment will be
 4057  considered as if submitted by governmental agencies. All written
 4058  agency and public comments must be made part of the file
 4059  maintained under subsection (2).
 4060         (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.—The review of
 4061  the regional planning council pursuant to subsection (4) shall
 4062  be limited to effects on regional resources or facilities
 4063  identified in the strategic regional policy plan and
 4064  extrajurisdictional impacts which would be inconsistent with the
 4065  comprehensive plan of the affected local government. However,
 4066  any inconsistency between a local plan or plan amendment and a
 4067  strategic regional policy plan must not be the sole basis for a
 4068  notice of intent to find a local plan or plan amendment not in
 4069  compliance with this act. A regional planning council shall not
 4070  review and comment on a proposed comprehensive plan it prepared
 4071  itself unless the plan has been changed by the local government
 4072  subsequent to the preparation of the plan by the regional
 4073  planning agency. The review of the county land planning agency
 4074  pursuant to subsection (4) shall be primarily in the context of
 4075  the relationship and effect of the proposed plan amendment on
 4076  any county comprehensive plan element. Any review by
 4077  municipalities will be primarily in the context of the
 4078  relationship and effect on the municipal plan.
 4079         (d)(6) State land planning agency review.—
 4080         (a) The state land planning agency shall review a proposed
 4081  plan amendment upon request of a regional planning council,
 4082  affected person, or local government transmitting the plan
 4083  amendment. The request from the regional planning council or
 4084  affected person must be received within 30 days after
 4085  transmittal of the proposed plan amendment pursuant to
 4086  subsection (3). A regional planning council or affected person
 4087  requesting a review shall do so by submitting a written request
 4088  to the agency with a notice of the request to the local
 4089  government and any other person who has requested notice.
 4090         (b) The state land planning agency may review any proposed
 4091  plan amendment regardless of whether a request for review has
 4092  been made, if the agency gives notice to the local government,
 4093  and any other person who has requested notice, of its intention
 4094  to conduct such a review within 35 days after receipt of the
 4095  complete proposed plan amendment.
 4096         1.(c) The state land planning agency shall establish by
 4097  rule a schedule for receipt of comments from the various
 4098  government agencies, as well as written public comments,
 4099  pursuant to subsection (4). If the state land planning agency
 4100  elects to review a plan or plan the amendment or the agency is
 4101  required to review the amendment as specified in paragraph
 4102  (2)(c)(a), the agency shall issue a report giving its
 4103  objections, recommendations, and comments regarding the proposed
 4104  plan or plan amendment within 60 days after receipt of the
 4105  complete proposed plan or plan amendment by the state land
 4106  planning agency. Notwithstanding the limitation on comments in
 4107  sub-subparagraph (3)(b)4.g., the state land planning agency may
 4108  make objections, recommendations, and comments in its report
 4109  regarding whether the plan or plan amendment is in compliance
 4110  and whether the plan or plan amendment will adversely impact
 4111  important state resources and facilities. Any objection
 4112  regarding an important state resource or facility that will be
 4113  adversely impacted by the adopted plan or plan amendment shall
 4114  also state with specificity how the plan or plan amendment will
 4115  adversely impact the important state resource or facility and
 4116  shall identify measures the local government may take to
 4117  eliminate, reduce, or mitigate the adverse impacts. When a
 4118  federal, state, or regional agency has implemented a permitting
 4119  program, the state land planning agency shall not require a
 4120  local government is not required to duplicate or exceed that
 4121  permitting program in its comprehensive plan or to implement
 4122  such a permitting program in its land development regulations.
 4123  This subparagraph does not Nothing contained herein shall
 4124  prohibit the state land planning agency in conducting its review
 4125  of local plans or plan amendments from making objections,
 4126  recommendations, and comments or making compliance
 4127  determinations regarding densities and intensities consistent
 4128  with the provisions of this part. In preparing its comments, the
 4129  state land planning agency shall only base its considerations on
 4130  written, and not oral, comments, from any source.
 4131         2.(d) The state land planning agency review shall identify
 4132  all written communications with the agency regarding the
 4133  proposed plan amendment. If the state land planning agency does
 4134  not issue such a review, it shall identify in writing to the
 4135  local government all written communications received 30 days
 4136  after transmittal. The written identification must include a
 4137  list of all documents received or generated by the agency, which
 4138  list must be of sufficient specificity to enable the documents
 4139  to be identified and copies requested, if desired, and the name
 4140  of the person to be contacted to request copies of any
 4141  identified document. The list of documents must be made a part
 4142  of the public records of the state land planning agency.
 4143         (e)(7) Local government review of comments; adoption of
 4144  plan or amendments and transmittal.—
 4145         1.(a) The local government shall review the report written
 4146  comments submitted to it by the state land planning agency, if
 4147  any, and written comments submitted to it by any other person,
 4148  agency, or government. Any comments, recommendations, or
 4149  objections and any reply to them shall be public documents, a
 4150  part of the permanent record in the matter, and admissible in
 4151  any proceeding in which the comprehensive plan or plan amendment
 4152  may be at issue. The local government, upon receipt of the
 4153  report written comments from the state land planning agency,
 4154  shall hold its second public hearing, which shall be a hearing
 4155  to determine whether to adopt the comprehensive plan or one or
 4156  more comprehensive plan amendments pursuant to subsection (11).
 4157  If the local government fails to hold the second hearing within
 4158  180 days after receipt of the state land planning agency’s
 4159  report, the amendments shall be deemed withdrawn unless extended
 4160  by agreement with notice to the state land planning agency and
 4161  any affected person that provided comments on the amendment. The
 4162  180-day limitation does not apply to amendments processed
 4163  pursuant to s. 380.06.
 4164         2. All comprehensive plan amendments adopted by the
 4165  governing body, along with the supporting data and analysis,
 4166  shall be transmitted within 10 days after the second public
 4167  hearing to the state land planning agency and any other agency
 4168  or local government that provided timely comments under
 4169  paragraph (c).
 4170         3. The state land planning agency shall notify the local
 4171  government of any deficiencies within 5 working days after
 4172  receipt of a plan or plan amendment package. For purposes of
 4173  completeness, a plan or plan amendment shall be deemed complete
 4174  if it contains a full, executed copy of the adoption ordinance
 4175  or ordinances; in the case of a text amendment, a full copy of
 4176  the amended language in legislative format with new words
 4177  inserted in the text underlined, and words deleted stricken with
 4178  hyphens; in the case of a future land use map amendment, a copy
 4179  of the future land use map clearly depicting the parcel, its
 4180  existing future land use designation, and its adopted
 4181  designation; and a copy of any data and analyses the local
 4182  government deems appropriate.
 4183         4. After the state land planning agency makes a
 4184  determination of completeness regarding the adopted plan or plan
 4185  amendment, the state land planning agency shall have 45 days to
 4186  determine if the plan or plan amendment is in compliance with
 4187  this act. Unless the plan or plan amendment is substantially
 4188  changed from the one commented on, the state land planning
 4189  agency’s compliance determination shall be limited to objections
 4190  raised in the objections, recommendations, and comments report.
 4191  During the period provided for in this subparagraph, the state
 4192  land planning agency shall issue, through a senior administrator
 4193  or the secretary, a notice of intent to find that the plan or
 4194  plan amendment is in compliance or not in compliance. The state
 4195  land planning agency shall post a copy of the notice of intent
 4196  on the agency’s Internet site. Publication by the state land
 4197  planning agency of the notice of intent on the state land
 4198  planning agency’s Internet site shall be prima facie evidence of
 4199  compliance with the publication requirements of this
 4200  subparagraph.
 4201         5. A plan or plan amendment adopted under the state
 4202  coordinated review process shall go into effect pursuant to the
 4203  state land planning agency’s notice of intent. If timely
 4204  challenged, an amendment does not become effective until the
 4205  state land planning agency or the Administration Commission
 4206  enters a final order determining the adopted amendment to be in
 4207  compliance.
 4208         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
 4209  AMENDMENTS.—
 4210         (a) Any affected person as defined in paragraph (1)(a) may
 4211  file a petition with the Division of Administrative Hearings
 4212  pursuant to ss. 120.569 and 120.57, with a copy served on the
 4213  affected local government, to request a formal hearing to
 4214  challenge whether the plan or plan amendments are in compliance
 4215  as defined in paragraph (1)(b). This petition must be filed with
 4216  the division within 30 days after the local government adopts
 4217  the amendment. The state land planning agency may not intervene
 4218  in a proceeding initiated by an affected person.
 4219         (b) The state land planning agency may file a petition with
 4220  the Division of Administrative Hearings pursuant to ss. 120.569
 4221  and 120.57, with a copy served on the affected local government,
 4222  to request a formal hearing to challenge whether the plan or
 4223  plan amendment is in compliance as defined in paragraph (1)(b).
 4224  The state land planning agency’s petition must clearly state the
 4225  reasons for the challenge. This petition must be filed with the
 4226  division within 30 days after the state land planning agency
 4227  notifies the local government that the plan amendment package is
 4228  complete according to subparagraph (3)(c)3.
 4229         1. The state land planning agency’s challenge to plan
 4230  amendments adopted under the expedited state review process
 4231  shall be limited to the comments provided by the reviewing
 4232  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
 4233  determination by the state land planning agency that an
 4234  important state resource or facility will be adversely impacted
 4235  by the adopted plan amendment. The state land planning agency’s
 4236  petition shall state with specificity how the plan amendment
 4237  will adversely impact the important state resource or facility.
 4238  The state land planning agency may challenge a plan amendment
 4239  that has substantially changed from the version on which the
 4240  agencies provided comments but only upon a determination by the
 4241  state land planning agency that an important state resource or
 4242  facility will be adversely impacted.
 4243         2. If the state land planning agency issues a notice of
 4244  intent to find the comprehensive plan or plan amendment not in
 4245  compliance with this act, the notice of intent shall be
 4246  forwarded to the Division of Administrative Hearings of the
 4247  Department of Management Services, which shall conduct a
 4248  proceeding under ss. 120.569 and 120.57 in the county of and
 4249  convenient to the affected local jurisdiction. The parties to
 4250  the proceeding shall be the state land planning agency, the
 4251  affected local government, and any affected person who
 4252  intervenes. No new issue may be alleged as a reason to find a
 4253  plan or plan amendment not in compliance in an administrative
 4254  pleading filed more than 21 days after publication of notice
 4255  unless the party seeking that issue establishes good cause for
 4256  not alleging the issue within that time period. Good cause does
 4257  not include excusable neglect.
 4258         (c) An administrative law judge shall hold a hearing in the
 4259  affected local jurisdiction on whether the plan or plan
 4260  amendment is in compliance.
 4261         1. In challenges filed by an affected person, the
 4262  comprehensive plan or plan amendment shall be determined to be
 4263  in compliance if the local government’s determination of
 4264  compliance is fairly debatable.
 4265         2.a. In challenges filed by the state land planning agency,
 4266  the local government’s determination that the comprehensive plan
 4267  or plan amendment is in compliance is presumed to be correct,
 4268  and the local government’s determination shall be sustained
 4269  unless it is shown by a preponderance of the evidence that the
 4270  comprehensive plan or plan amendment is not in compliance.
 4271         b. In challenges filed by the state land planning agency,
 4272  the local government’s determination that elements of its plan
 4273  are related to and consistent with each other shall be sustained
 4274  if the determination is fairly debatable.
 4275         3. In challenges filed by the state land planning agency
 4276  that require a determination by the agency that an important
 4277  state resource or facility will be adversely impacted by the
 4278  adopted plan or plan amendment, the local government may contest
 4279  the agency’s determination of an important state resource or
 4280  facility. The state land planning agency shall prove its
 4281  determination by clear and convincing evidence.
 4282         (d) If the administrative law judge recommends that the
 4283  amendment be found not in compliance, the judge shall submit the
 4284  recommended order to the Administration Commission for final
 4285  agency action. The Administration Commission shall enter a final
 4286  order within 45 days after its receipt of the recommended order.
 4287         (e) If the administrative law judge recommends that the
 4288  amendment be found in compliance, the judge shall submit the
 4289  recommended order to the state land planning agency.
 4290         1. If the state land planning agency determines that the
 4291  plan amendment should be found not in compliance, the agency
 4292  shall refer, within 30 days after receipt of the recommended
 4293  order, the recommended order and its determination to the
 4294  Administration Commission for final agency action.
 4295         2. If the state land planning agency determines that the
 4296  plan amendment should be found in compliance, the agency shall
 4297  enter its final order not later than 30 days after receipt of
 4298  the recommended order.
 4299         (f) Parties to a proceeding under this subsection may enter
 4300  into compliance agreements using the process in subsection (6).
 4301         (6) COMPLIANCE AGREEMENT.—
 4302         (a) At any time after the filing of a challenge, the state
 4303  land planning agency and the local government may voluntarily
 4304  enter into a compliance agreement to resolve one or more of the
 4305  issues raised in the proceedings. Affected persons who have
 4306  initiated a formal proceeding or have intervened in a formal
 4307  proceeding may also enter into a compliance agreement with the
 4308  local government. All parties granted intervenor status shall be
 4309  provided reasonable notice of the commencement of a compliance
 4310  agreement negotiation process and a reasonable opportunity to
 4311  participate in such negotiation process. Negotiation meetings
 4312  with local governments or intervenors shall be open to the
 4313  public. The state land planning agency shall provide each party
 4314  granted intervenor status with a copy of the compliance
 4315  agreement within 10 days after the agreement is executed. The
 4316  compliance agreement shall list each portion of the plan or plan
 4317  amendment that has been challenged, and shall specify remedial
 4318  actions that the local government has agreed to complete within
 4319  a specified time in order to resolve the challenge, including
 4320  adoption of all necessary plan amendments. The compliance
 4321  agreement may also establish monitoring requirements and
 4322  incentives to ensure that the conditions of the compliance
 4323  agreement are met.
 4324         (b) Upon the filing of a compliance agreement executed by
 4325  the parties to a challenge and the local government with the
 4326  Division of Administrative Hearings, any administrative
 4327  proceeding under ss. 120.569 and 120.57 regarding the plan or
 4328  plan amendment covered by the compliance agreement shall be
 4329  stayed.
 4330         (c) Before its execution of a compliance agreement, the
 4331  local government must approve the compliance agreement at a
 4332  public hearing advertised at least 10 days before the public
 4333  hearing in a newspaper of general circulation in the area in
 4334  accordance with the advertisement requirements of chapter 125 or
 4335  chapter 166, as applicable.
 4336         (d) The local government shall hold a single public hearing
 4337  for adopting remedial amendments.
 4338         (e) For challenges to amendments adopted under the
 4339  expedited review process, if the local government adopts a
 4340  comprehensive plan amendment pursuant to a compliance agreement,
 4341  an affected person or the state land planning agency may file a
 4342  revised challenge with the Division of Administrative Hearings
 4343  within 15 days after the adoption of the remedial amendment.
 4344         (f) For challenges to amendments adopted under the state
 4345  coordinated process, the state land planning agency, upon
 4346  receipt of a plan or plan amendment adopted pursuant to a
 4347  compliance agreement, shall issue a cumulative notice of intent
 4348  addressing both the remedial amendment and the plan or plan
 4349  amendment that was the subject of the agreement.
 4350         1. If the local government adopts a comprehensive plan or
 4351  plan amendment pursuant to a compliance agreement and a notice
 4352  of intent to find the plan amendment in compliance is issued,
 4353  the state land planning agency shall forward the notice of
 4354  intent to the Division of Administrative Hearings and the
 4355  administrative law judge shall realign the parties in the
 4356  pending proceeding under ss. 120.569 and 120.57, which shall
 4357  thereafter be governed by the process contained in paragraph
 4358  (5)(a) and subparagraph (5)(c)1., including provisions relating
 4359  to challenges by an affected person, burden of proof, and issues
 4360  of a recommended order and a final order. Parties to the
 4361  original proceeding at the time of realignment may continue as
 4362  parties without being required to file additional pleadings to
 4363  initiate a proceeding, but may timely amend their pleadings to
 4364  raise any challenge to the amendment that is the subject of the
 4365  cumulative notice of intent, and must otherwise conform to the
 4366  rules of procedure of the Division of Administrative Hearings.
 4367  Any affected person not a party to the realigned proceeding may
 4368  challenge the plan amendment that is the subject of the
 4369  cumulative notice of intent by filing a petition with the agency
 4370  as provided in subsection (5). The agency shall forward the
 4371  petition filed by the affected person not a party to the
 4372  realigned proceeding to the Division of Administrative Hearings
 4373  for consolidation with the realigned proceeding. If the
 4374  cumulative notice of intent is not challenged, the state land
 4375  planning agency shall request that the Division of
 4376  Administrative Hearings relinquish jurisdiction to the state
 4377  land planning agency for issuance of a final order.
 4378         2. If the local government adopts a comprehensive plan
 4379  amendment pursuant to a compliance agreement and a notice of
 4380  intent is issued that finds the plan amendment not in
 4381  compliance, the state land planning agency shall forward the
 4382  notice of intent to the Division of Administrative Hearings,
 4383  which shall consolidate the proceeding with the pending
 4384  proceeding and immediately set a date for a hearing in the
 4385  pending proceeding under ss. 120.569 and 120.57. Affected
 4386  persons who are not a party to the underlying proceeding under
 4387  ss. 120.569 and 120.57 may challenge the plan amendment adopted
 4388  pursuant to the compliance agreement by filing a petition
 4389  pursuant to paragraph (5)(a).
 4390         (g) This subsection does not prohibit a local government
 4391  from amending portions of its comprehensive plan other than
 4392  those that are the subject of a challenge. However, such
 4393  amendments to the plan may not be inconsistent with the
 4394  compliance agreement.
 4395         (h) This subsection does not require settlement by any
 4396  party against its will or preclude the use of other informal
 4397  dispute resolution methods in the course of or in addition to
 4398  the method described in this subsection.
 4399         (7) MEDIATION AND EXPEDITIOUS RESOLUTION.-
 4400         (a) At any time after the matter has been forwarded to the
 4401  Division of Administrative Hearings, the local government
 4402  proposing the amendment may demand formal mediation or the local
 4403  government proposing the amendment or an affected person who is
 4404  a party to the proceeding may demand informal mediation or
 4405  expeditious resolution of the amendment proceedings by serving
 4406  written notice on the state land planning agency if a party to
 4407  the proceeding, all other parties to the proceeding, and the
 4408  administrative law judge.
 4409         (b) Upon receipt of a notice pursuant to paragraph (a), the
 4410  administrative law judge shall set the matter for final hearing
 4411  no more than 30 days after receipt of the notice. Once a final
 4412  hearing has been set, no continuance in the hearing, and no
 4413  additional time for post-hearing submittals, may be granted
 4414  without the written agreement of the parties absent a finding by
 4415  the administrative law judge of extraordinary circumstances.
 4416  Extraordinary circumstances do not include matters relating to
 4417  workload or need for additional time for preparation,
 4418  negotiation, or mediation.
 4419         (c) Absent a showing of extraordinary circumstances, the
 4420  administrative law judge shall issue a recommended order, in a
 4421  case proceeding under subsection (5), within 30 days after
 4422  filing of the transcript, unless the parties agree in writing to
 4423  a longer time.
 4424         (d) Absent a showing of extraordinary circumstances, the
 4425  Administration Commission shall issue a final order, in a case
 4426  proceeding under subsection (5), within 45 days after the
 4427  issuance of the recommended order, unless the parties agree in
 4428  writing to a longer time. have 120 days to adopt or adopt with
 4429  changes the proposed comprehensive plan or s. 163.3191 plan
 4430  amendments. In the case of comprehensive plan amendments other
 4431  than those proposed pursuant to s. 163.3191, the local
 4432  government shall have 60 days to adopt the amendment, adopt the
 4433  amendment with changes, or determine that it will not adopt the
 4434  amendment. The adoption of the proposed plan or plan amendment
 4435  or the determination not to adopt a plan amendment, other than a
 4436  plan amendment proposed pursuant to s. 163.3191, shall be made
 4437  in the course of a public hearing pursuant to subsection (15).
 4438  The local government shall transmit the complete adopted
 4439  comprehensive plan or plan amendment, including the names and
 4440  addresses of persons compiled pursuant to paragraph (15)(c), to
 4441  the state land planning agency as specified in the agency’s
 4442  procedural rules within 10 working days after adoption. The
 4443  local governing body shall also transmit a copy of the adopted
 4444  comprehensive plan or plan amendment to the regional planning
 4445  agency and to any other unit of local government or governmental
 4446  agency in the state that has filed a written request with the
 4447  governing body for a copy of the plan or plan amendment.
 4448         (b) If the adopted plan amendment is unchanged from the
 4449  proposed plan amendment transmitted pursuant to subsection (3)
 4450  and an affected person as defined in paragraph (1)(a) did not
 4451  raise any objection, the state land planning agency did not
 4452  review the proposed plan amendment, and the state land planning
 4453  agency did not raise any objections during its review pursuant
 4454  to subsection (6), the local government may state in the
 4455  transmittal letter that the plan amendment is unchanged and was
 4456  not the subject of objections.
 4457         (8) NOTICE OF INTENT.—
 4458         (a) If the transmittal letter correctly states that the
 4459  plan amendment is unchanged and was not the subject of review or
 4460  objections pursuant to paragraph (7)(b), the state land planning
 4461  agency has 20 days after receipt of the transmittal letter
 4462  within which to issue a notice of intent that the plan amendment
 4463  is in compliance.
 4464         (b) Except as provided in paragraph (a) or in s.
 4465  163.3187(3), the state land planning agency, upon receipt of a
 4466  local government’s complete adopted comprehensive plan or plan
 4467  amendment, shall have 45 days for review and to determine if the
 4468  plan or plan amendment is in compliance with this act, unless
 4469  the amendment is the result of a compliance agreement entered
 4470  into under subsection (16), in which case the time period for
 4471  review and determination shall be 30 days. If review was not
 4472  conducted under subsection (6), the agency’s determination must
 4473  be based upon the plan amendment as adopted. If review was
 4474  conducted under subsection (6), the agency’s determination of
 4475  compliance must be based only upon one or both of the following:
 4476         1. The state land planning agency’s written comments to the
 4477  local government pursuant to subsection (6); or
 4478         2. Any changes made by the local government to the
 4479  comprehensive plan or plan amendment as adopted.
 4480         (c)1. During the time period provided for in this
 4481  subsection, the state land planning agency shall issue, through
 4482  a senior administrator or the secretary, as specified in the
 4483  agency’s procedural rules, a notice of intent to find that the
 4484  plan or plan amendment is in compliance or not in compliance. A
 4485  notice of intent shall be issued by publication in the manner
 4486  provided by this paragraph and by mailing a copy to the local
 4487  government. The advertisement shall be placed in that portion of
 4488  the newspaper where legal notices appear. The advertisement
 4489  shall be published in a newspaper that meets the size and
 4490  circulation requirements set forth in paragraph (15)(e) and that
 4491  has been designated in writing by the affected local government
 4492  at the time of transmittal of the amendment. Publication by the
 4493  state land planning agency of a notice of intent in the
 4494  newspaper designated by the local government shall be prima
 4495  facie evidence of compliance with the publication requirements
 4496  of this section. The state land planning agency shall post a
 4497  copy of the notice of intent on the agency’s Internet site. The
 4498  agency shall, no later than the date the notice of intent is
 4499  transmitted to the newspaper, send by regular mail a courtesy
 4500  informational statement to persons who provide their names and
 4501  addresses to the local government at the transmittal hearing or
 4502  at the adoption hearing where the local government has provided
 4503  the names and addresses of such persons to the department at the
 4504  time of transmittal of the adopted amendment. The informational
 4505  statements shall include the name of the newspaper in which the
 4506  notice of intent will appear, the approximate date of
 4507  publication, the ordinance number of the plan or plan amendment,
 4508  and a statement that affected persons have 21 days after the
 4509  actual date of publication of the notice to file a petition.
 4510         2. A local government that has an Internet site shall post
 4511  a copy of the state land planning agency’s notice of intent on
 4512  the site within 5 days after receipt of the mailed copy of the
 4513  agency’s notice of intent.
 4514         (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
 4515         (a) If the state land planning agency issues a notice of
 4516  intent to find that the comprehensive plan or plan amendment
 4517  transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
 4518  or s. 163.3191 is in compliance with this act, any affected
 4519  person may file a petition with the agency pursuant to ss.
 4520  120.569 and 120.57 within 21 days after the publication of
 4521  notice. In this proceeding, the local plan or plan amendment
 4522  shall be determined to be in compliance if the local
 4523  government’s determination of compliance is fairly debatable.
 4524         (b) The hearing shall be conducted by an administrative law
 4525  judge of the Division of Administrative Hearings of the
 4526  Department of Management Services, who shall hold the hearing in
 4527  the county of and convenient to the affected local jurisdiction
 4528  and submit a recommended order to the state land planning
 4529  agency. The state land planning agency shall allow for the
 4530  filing of exceptions to the recommended order and shall issue a
 4531  final order after receipt of the recommended order if the state
 4532  land planning agency determines that the plan or plan amendment
 4533  is in compliance. If the state land planning agency determines
 4534  that the plan or plan amendment is not in compliance, the agency
 4535  shall submit the recommended order to the Administration
 4536  Commission for final agency action.
 4537         (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
 4538  COMPLIANCE.—
 4539         (a) If the state land planning agency issues a notice of
 4540  intent to find the comprehensive plan or plan amendment not in
 4541  compliance with this act, the notice of intent shall be
 4542  forwarded to the Division of Administrative Hearings of the
 4543  Department of Management Services, which shall conduct a
 4544  proceeding under ss. 120.569 and 120.57 in the county of and
 4545  convenient to the affected local jurisdiction. The parties to
 4546  the proceeding shall be the state land planning agency, the
 4547  affected local government, and any affected person who
 4548  intervenes. No new issue may be alleged as a reason to find a
 4549  plan or plan amendment not in compliance in an administrative
 4550  pleading filed more than 21 days after publication of notice
 4551  unless the party seeking that issue establishes good cause for
 4552  not alleging the issue within that time period. Good cause shall
 4553  not include excusable neglect. In the proceeding, the local
 4554  government’s determination that the comprehensive plan or plan
 4555  amendment is in compliance is presumed to be correct. The local
 4556  government’s determination shall be sustained unless it is shown
 4557  by a preponderance of the evidence that the comprehensive plan
 4558  or plan amendment is not in compliance. The local government’s
 4559  determination that elements of its plans are related to and
 4560  consistent with each other shall be sustained if the
 4561  determination is fairly debatable.
 4562         (b) The administrative law judge assigned by the division
 4563  shall submit a recommended order to the Administration
 4564  Commission for final agency action.
 4565         (c) Prior to the hearing, the state land planning agency
 4566  shall afford an opportunity to mediate or otherwise resolve the
 4567  dispute. If a party to the proceeding requests mediation or
 4568  other alternative dispute resolution, the hearing may not be
 4569  held until the state land planning agency advises the
 4570  administrative law judge in writing of the results of the
 4571  mediation or other alternative dispute resolution. However, the
 4572  hearing may not be delayed for longer than 90 days for mediation
 4573  or other alternative dispute resolution unless a longer delay is
 4574  agreed to by the parties to the proceeding. The costs of the
 4575  mediation or other alternative dispute resolution shall be borne
 4576  equally by all of the parties to the proceeding.
 4577         (8)(11) ADMINISTRATION COMMISSION.—
 4578         (a) If the Administration Commission, upon a hearing
 4579  pursuant to subsection (5)(9) or subsection (10), finds that the
 4580  comprehensive plan or plan amendment is not in compliance with
 4581  this act, the commission shall specify remedial actions that
 4582  which would bring the comprehensive plan or plan amendment into
 4583  compliance.
 4584         (b) The commission may specify the sanctions provided in
 4585  subparagraphs 1. and 2. to which the local government will be
 4586  subject if it elects to make the amendment effective
 4587  notwithstanding the determination of noncompliance.
 4588         1. The commission may direct state agencies not to provide
 4589  funds to increase the capacity of roads, bridges, or water and
 4590  sewer systems within the boundaries of those local governmental
 4591  entities which have comprehensive plans or plan elements that
 4592  are determined not to be in compliance. The commission order may
 4593  also specify that the local government is shall not be eligible
 4594  for grants administered under the following programs:
 4595         a.1. The Florida Small Cities Community Development Block
 4596  Grant Program, as authorized by ss. 290.0401-290.049.
 4597         b.2. The Florida Recreation Development Assistance Program,
 4598  as authorized by chapter 375.
 4599         c.3. Revenue sharing pursuant to ss. 206.60, 210.20, and
 4600  218.61 and chapter 212, to the extent not pledged to pay back
 4601  bonds.
 4602         2.(b) If the local government is one which is required to
 4603  include a coastal management element in its comprehensive plan
 4604  pursuant to s. 163.3177(6)(g), the commission order may also
 4605  specify that the local government is not eligible for funding
 4606  pursuant to s. 161.091. The commission order may also specify
 4607  that the fact that the coastal management element has been
 4608  determined to be not in compliance shall be a consideration when
 4609  the department considers permits under s. 161.053 and when the
 4610  Board of Trustees of the Internal Improvement Trust Fund
 4611  considers whether to sell, convey any interest in, or lease any
 4612  sovereignty lands or submerged lands until the element is
 4613  brought into compliance.
 4614         3.(c) The sanctions provided by subparagraphs 1. and 2. do
 4615  paragraphs (a) and (b) shall not apply to a local government
 4616  regarding any plan amendment, except for plan amendments that
 4617  amend plans that have not been finally determined to be in
 4618  compliance with this part, and except as provided in paragraph
 4619  (b) s. 163.3189(2) or s. 163.3191(11).
 4620         (9)(12) GOOD FAITH FILING.—The signature of an attorney or
 4621  party constitutes a certificate that he or she has read the
 4622  pleading, motion, or other paper and that, to the best of his or
 4623  her knowledge, information, and belief formed after reasonable
 4624  inquiry, it is not interposed for any improper purpose, such as
 4625  to harass or to cause unnecessary delay, or for economic
 4626  advantage, competitive reasons, or frivolous purposes or
 4627  needless increase in the cost of litigation. If a pleading,
 4628  motion, or other paper is signed in violation of these
 4629  requirements, the administrative law judge, upon motion or his
 4630  or her own initiative, shall impose upon the person who signed
 4631  it, a represented party, or both, an appropriate sanction, which
 4632  may include an order to pay to the other party or parties the
 4633  amount of reasonable expenses incurred because of the filing of
 4634  the pleading, motion, or other paper, including a reasonable
 4635  attorney’s fee.
 4636         (10)(13) EXCLUSIVE PROCEEDINGS.—The proceedings under this
 4637  section shall be the sole proceeding or action for a
 4638  determination of whether a local government’s plan, element, or
 4639  amendment is in compliance with this act.
 4640         (14) AREAS OF CRITICAL STATE CONCERN.—No proposed local
 4641  government comprehensive plan or plan amendment which is
 4642  applicable to a designated area of critical state concern shall
 4643  be effective until a final order is issued finding the plan or
 4644  amendment to be in compliance as defined in this section.
 4645         (11)(15) PUBLIC HEARINGS.—
 4646         (a) The procedure for transmittal of a complete proposed
 4647  comprehensive plan or plan amendment pursuant to subparagraph
 4648  subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
 4649  comprehensive plan or plan amendment pursuant to
 4650  subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
 4651  affirmative vote of not less than a majority of the members of
 4652  the governing body present at the hearing. The adoption of a
 4653  comprehensive plan or plan amendment shall be by ordinance. For
 4654  the purposes of transmitting or adopting a comprehensive plan or
 4655  plan amendment, the notice requirements in chapters 125 and 166
 4656  are superseded by this subsection, except as provided in this
 4657  part.
 4658         (b) The local governing body shall hold at least two
 4659  advertised public hearings on the proposed comprehensive plan or
 4660  plan amendment as follows:
 4661         1. The first public hearing shall be held at the
 4662  transmittal stage pursuant to subsection (3). It shall be held
 4663  on a weekday at least 7 days after the day that the first
 4664  advertisement is published pursuant to the requirements of
 4665  chapter 125 or chapter 166.
 4666         2. The second public hearing shall be held at the adoption
 4667  stage pursuant to subsection (7). It shall be held on a weekday
 4668  at least 5 days after the day that the second advertisement is
 4669  published pursuant to the requirements of chapter 125 or chapter
 4670  166.
 4671         (c) Nothing in this part is intended to prohibit or limit
 4672  the authority of local governments to require a person
 4673  requesting an amendment to pay some or all of the cost of the
 4674  public notice.
 4675         (12) CONCURRENT ZONING.—At the request of an applicant, a
 4676  local government shall consider an application for zoning
 4677  changes that would be required to properly enact any proposed
 4678  plan amendment transmitted pursuant to this subsection. Zoning
 4679  changes approved by the local government are contingent upon the
 4680  comprehensive plan or plan amendment transmitted becoming
 4681  effective.
 4682         (13) AREAS OF CRITICAL STATE CONCERN.—No proposed local
 4683  government comprehensive plan or plan amendment that is
 4684  applicable to a designated area of critical state concern shall
 4685  be effective until a final order is issued finding the plan or
 4686  amendment to be in compliance as defined in paragraph (1)(b).
 4687         (c) The local government shall provide a sign-in form at
 4688  the transmittal hearing and at the adoption hearing for persons
 4689  to provide their names and mailing addresses. The sign-in form
 4690  must advise that any person providing the requested information
 4691  will receive a courtesy informational statement concerning
 4692  publications of the state land planning agency’s notice of
 4693  intent. The local government shall add to the sign-in form the
 4694  name and address of any person who submits written comments
 4695  concerning the proposed plan or plan amendment during the time
 4696  period between the commencement of the transmittal hearing and
 4697  the end of the adoption hearing. It is the responsibility of the
 4698  person completing the form or providing written comments to
 4699  accurately, completely, and legibly provide all information
 4700  needed in order to receive the courtesy informational statement.
 4701         (d) The agency shall provide a model sign-in form for
 4702  providing the list to the agency which may be used by the local
 4703  government to satisfy the requirements of this subsection.
 4704         (e) If the proposed comprehensive plan or plan amendment
 4705  changes the actual list of permitted, conditional, or prohibited
 4706  uses within a future land use category or changes the actual
 4707  future land use map designation of a parcel or parcels of land,
 4708  the required advertisements shall be in the format prescribed by
 4709  s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
 4710  municipality.
 4711         (16) COMPLIANCE AGREEMENTS.—
 4712         (a) At any time following the issuance of a notice of
 4713  intent to find a comprehensive plan or plan amendment not in
 4714  compliance with this part or after the initiation of a hearing
 4715  pursuant to subsection (9), the state land planning agency and
 4716  the local government may voluntarily enter into a compliance
 4717  agreement to resolve one or more of the issues raised in the
 4718  proceedings. Affected persons who have initiated a formal
 4719  proceeding or have intervened in a formal proceeding may also
 4720  enter into the compliance agreement. All parties granted
 4721  intervenor status shall be provided reasonable notice of the
 4722  commencement of a compliance agreement negotiation process and a
 4723  reasonable opportunity to participate in such negotiation
 4724  process. Negotiation meetings with local governments or
 4725  intervenors shall be open to the public. The state land planning
 4726  agency shall provide each party granted intervenor status with a
 4727  copy of the compliance agreement within 10 days after the
 4728  agreement is executed. The compliance agreement shall list each
 4729  portion of the plan or plan amendment which is not in
 4730  compliance, and shall specify remedial actions which the local
 4731  government must complete within a specified time in order to
 4732  bring the plan or plan amendment into compliance, including
 4733  adoption of all necessary plan amendments. The compliance
 4734  agreement may also establish monitoring requirements and
 4735  incentives to ensure that the conditions of the compliance
 4736  agreement are met.
 4737         (b) Upon filing by the state land planning agency of a
 4738  compliance agreement executed by the agency and the local
 4739  government with the Division of Administrative Hearings, any
 4740  administrative proceeding under ss. 120.569 and 120.57 regarding
 4741  the plan or plan amendment covered by the compliance agreement
 4742  shall be stayed.
 4743         (c) Prior to its execution of a compliance agreement, the
 4744  local government must approve the compliance agreement at a
 4745  public hearing advertised at least 10 days before the public
 4746  hearing in a newspaper of general circulation in the area in
 4747  accordance with the advertisement requirements of subsection
 4748  (15).
 4749         (d) A local government may adopt a plan amendment pursuant
 4750  to a compliance agreement in accordance with the requirements of
 4751  paragraph (15)(a). The plan amendment shall be exempt from the
 4752  requirements of subsections (2)-(7). The local government shall
 4753  hold a single adoption public hearing pursuant to the
 4754  requirements of subparagraph (15)(b)2. and paragraph (15)(e).
 4755  Within 10 working days after adoption of a plan amendment, the
 4756  local government shall transmit the amendment to the state land
 4757  planning agency as specified in the agency’s procedural rules,
 4758  and shall submit one copy to the regional planning agency and to
 4759  any other unit of local government or government agency in the
 4760  state that has filed a written request with the governing body
 4761  for a copy of the plan amendment, and one copy to any party to
 4762  the proceeding under ss. 120.569 and 120.57 granted intervenor
 4763  status.
 4764         (e) The state land planning agency, upon receipt of a plan
 4765  amendment adopted pursuant to a compliance agreement, shall
 4766  issue a cumulative notice of intent addressing both the
 4767  compliance agreement amendment and the plan or plan amendment
 4768  that was the subject of the agreement, in accordance with
 4769  subsection (8).
 4770         (f)1. If the local government adopts a comprehensive plan
 4771  amendment pursuant to a compliance agreement and a notice of
 4772  intent to find the plan amendment in compliance is issued, the
 4773  state land planning agency shall forward the notice of intent to
 4774  the Division of Administrative Hearings and the administrative
 4775  law judge shall realign the parties in the pending proceeding
 4776  under ss. 120.569 and 120.57, which shall thereafter be governed
 4777  by the process contained in paragraphs (9)(a) and (b), including
 4778  provisions relating to challenges by an affected person, burden
 4779  of proof, and issues of a recommended order and a final order,
 4780  except as provided in subparagraph 2. Parties to the original
 4781  proceeding at the time of realignment may continue as parties
 4782  without being required to file additional pleadings to initiate
 4783  a proceeding, but may timely amend their pleadings to raise any
 4784  challenge to the amendment which is the subject of the
 4785  cumulative notice of intent, and must otherwise conform to the
 4786  rules of procedure of the Division of Administrative Hearings.
 4787  Any affected person not a party to the realigned proceeding may
 4788  challenge the plan amendment which is the subject of the
 4789  cumulative notice of intent by filing a petition with the agency
 4790  as provided in subsection (9). The agency shall forward the
 4791  petition filed by the affected person not a party to the
 4792  realigned proceeding to the Division of Administrative Hearings
 4793  for consolidation with the realigned proceeding.
 4794         2. If any of the issues raised by the state land planning
 4795  agency in the original subsection (10) proceeding are not
 4796  resolved by the compliance agreement amendments, any intervenor
 4797  in the original subsection (10) proceeding may require those
 4798  issues to be addressed in the pending consolidated realigned
 4799  proceeding under ss. 120.569 and 120.57. As to those unresolved
 4800  issues, the burden of proof shall be governed by subsection
 4801  (10).
 4802         3. If the local government adopts a comprehensive plan
 4803  amendment pursuant to a compliance agreement and a notice of
 4804  intent to find the plan amendment not in compliance is issued,
 4805  the state land planning agency shall forward the notice of
 4806  intent to the Division of Administrative Hearings, which shall
 4807  consolidate the proceeding with the pending proceeding and
 4808  immediately set a date for hearing in the pending proceeding
 4809  under ss. 120.569 and 120.57. Affected persons who are not a
 4810  party to the underlying proceeding under ss. 120.569 and 120.57
 4811  may challenge the plan amendment adopted pursuant to the
 4812  compliance agreement by filing a petition pursuant to subsection
 4813  (10).
 4814         (g) If the local government fails to adopt a comprehensive
 4815  plan amendment pursuant to a compliance agreement, the state
 4816  land planning agency shall notify the Division of Administrative
 4817  Hearings, which shall set the hearing in the pending proceeding
 4818  under ss. 120.569 and 120.57 at the earliest convenient time.
 4819         (h) This subsection does not prohibit a local government
 4820  from amending portions of its comprehensive plan other than
 4821  those which are the subject of the compliance agreement.
 4822  However, such amendments to the plan may not be inconsistent
 4823  with the compliance agreement.
 4824         (i) Nothing in this subsection is intended to limit the
 4825  parties from entering into a compliance agreement at any time
 4826  before the final order in the proceeding is issued, provided
 4827  that the provisions of paragraph (c) shall apply regardless of
 4828  when the compliance agreement is reached.
 4829         (j) Nothing in this subsection is intended to force any
 4830  party into settlement against its will or to preclude the use of
 4831  other informal dispute resolution methods, such as the services
 4832  offered by the Florida Growth Management Dispute Resolution
 4833  Consortium, in the course of or in addition to the method
 4834  described in this subsection.
 4835         (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
 4836  local government that has adopted a community vision and urban
 4837  service boundary under s. 163.3177(13) and (14) may adopt a plan
 4838  amendment related to map amendments solely to property within an
 4839  urban service boundary in the manner described in subsections
 4840  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
 4841  and e., 2., and 3., such that state and regional agency review
 4842  is eliminated. The department may not issue an objections,
 4843  recommendations, and comments report on proposed plan amendments
 4844  or a notice of intent on adopted plan amendments; however,
 4845  affected persons, as defined by paragraph (1)(a), may file a
 4846  petition for administrative review pursuant to the requirements
 4847  of s. 163.3187(3)(a) to challenge the compliance of an adopted
 4848  plan amendment. This subsection does not apply to any amendment
 4849  within an area of critical state concern, to any amendment that
 4850  increases residential densities allowable in high-hazard coastal
 4851  areas as defined in s. 163.3178(2)(h), or to a text change to
 4852  the goals, policies, or objectives of the local government’s
 4853  comprehensive plan. Amendments submitted under this subsection
 4854  are exempt from the limitation on the frequency of plan
 4855  amendments in s. 163.3187.
 4856         (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
 4857  municipality that has a designated urban infill and
 4858  redevelopment area under s. 163.2517 may adopt a plan amendment
 4859  related to map amendments solely to property within a designated
 4860  urban infill and redevelopment area in the manner described in
 4861  subsections (1), (2), (7), (14), (15), and (16) and s.
 4862  163.3187(1)(c)1.d. and e., 2., and 3., such that state and
 4863  regional agency review is eliminated. The department may not
 4864  issue an objections, recommendations, and comments report on
 4865  proposed plan amendments or a notice of intent on adopted plan
 4866  amendments; however, affected persons, as defined by paragraph
 4867  (1)(a), may file a petition for administrative review pursuant
 4868  to the requirements of s. 163.3187(3)(a) to challenge the
 4869  compliance of an adopted plan amendment. This subsection does
 4870  not apply to any amendment within an area of critical state
 4871  concern, to any amendment that increases residential densities
 4872  allowable in high-hazard coastal areas as defined in s.
 4873  163.3178(2)(h), or to a text change to the goals, policies, or
 4874  objectives of the local government’s comprehensive plan.
 4875  Amendments submitted under this subsection are exempt from the
 4876  limitation on the frequency of plan amendments in s. 163.3187.
 4877         (19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.—Any local
 4878  government that identifies in its comprehensive plan the types
 4879  of housing developments and conditions for which it will
 4880  consider plan amendments that are consistent with the local
 4881  housing incentive strategies identified in s. 420.9076 and
 4882  authorized by the local government may expedite consideration of
 4883  such plan amendments. At least 30 days prior to adopting a plan
 4884  amendment pursuant to this subsection, the local government
 4885  shall notify the state land planning agency of its intent to
 4886  adopt such an amendment, and the notice shall include the local
 4887  government’s evaluation of site suitability and availability of
 4888  facilities and services. A plan amendment considered under this
 4889  subsection shall require only a single public hearing before the
 4890  local governing body, which shall be a plan amendment adoption
 4891  hearing as described in subsection (7). The public notice of the
 4892  hearing required under subparagraph (15)(b)2. must include a
 4893  statement that the local government intends to use the expedited
 4894  adoption process authorized under this subsection. The state
 4895  land planning agency shall issue its notice of intent required
 4896  under subsection (8) within 30 days after determining that the
 4897  amendment package is complete. Any further proceedings shall be
 4898  governed by subsections (9)-(16).
 4899         Section 18. Section 163.3187, Florida Statutes, is amended
 4900  to read:
 4901         163.3187 Process for adoption of small-scale comprehensive
 4902  plan amendment of adopted comprehensive plan.—
 4903         (1) Amendments to comprehensive plans adopted pursuant to
 4904  this part may be made not more than two times during any
 4905  calendar year, except:
 4906         (a) In the case of an emergency, comprehensive plan
 4907  amendments may be made more often than twice during the calendar
 4908  year if the additional plan amendment receives the approval of
 4909  all of the members of the governing body. “Emergency” means any
 4910  occurrence or threat thereof whether accidental or natural,
 4911  caused by humankind, in war or peace, which results or may
 4912  result in substantial injury or harm to the population or
 4913  substantial damage to or loss of property or public funds.
 4914         (b) Any local government comprehensive plan amendments
 4915  directly related to a proposed development of regional impact,
 4916  including changes which have been determined to be substantial
 4917  deviations and including Florida Quality Developments pursuant
 4918  to s. 380.061, may be initiated by a local planning agency and
 4919  considered by the local governing body at the same time as the
 4920  application for development approval using the procedures
 4921  provided for local plan amendment in this section and applicable
 4922  local ordinances.
 4923         (1)(c) Any local government comprehensive plan amendments
 4924  directly related to proposed small scale development activities
 4925  may be approved without regard to statutory limits on the
 4926  frequency of consideration of amendments to the local
 4927  comprehensive plan. A small scale development amendment may be
 4928  adopted only under the following conditions:
 4929         (a)1. The proposed amendment involves a use of 10 acres or
 4930  fewer and:
 4931         (b)a. The cumulative annual effect of the acreage for all
 4932  small scale development amendments adopted by the local
 4933  government does shall not exceed:
 4934         (I) a maximum of 120 acres in a calendar year. local
 4935  government that contains areas specifically designated in the
 4936  local comprehensive plan for urban infill, urban redevelopment,
 4937  or downtown revitalization as defined in s. 163.3164, urban
 4938  infill and redevelopment areas designated under s. 163.2517,
 4939  transportation concurrency exception areas approved pursuant to
 4940  s. 163.3180(5), or regional activity centers and urban central
 4941  business districts approved pursuant to s. 380.06(2)(e);
 4942  however, amendments under this paragraph may be applied to no
 4943  more than 60 acres annually of property outside the designated
 4944  areas listed in this sub-sub-subparagraph. Amendments adopted
 4945  pursuant to paragraph (k) shall not be counted toward the
 4946  acreage limitations for small scale amendments under this
 4947  paragraph.
 4948         (II) A maximum of 80 acres in a local government that does
 4949  not contain any of the designated areas set forth in sub-sub
 4950  subparagraph (I).
 4951         (III) A maximum of 120 acres in a county established
 4952  pursuant to s. 9, Art. VIII of the State Constitution.
 4953         b. The proposed amendment does not involve the same
 4954  property granted a change within the prior 12 months.
 4955         c. The proposed amendment does not involve the same owner’s
 4956  property within 200 feet of property granted a change within the
 4957  prior 12 months.
 4958         (c)d. The proposed amendment does not involve a text change
 4959  to the goals, policies, and objectives of the local government’s
 4960  comprehensive plan, but only proposes a land use change to the
 4961  future land use map for a site-specific small scale development
 4962  activity. However, text changes that relate directly to, and are
 4963  adopted simultaneously with, the small scale future land use map
 4964  amendment shall be permissible under this section.
 4965         (d)e. The property that is the subject of the proposed
 4966  amendment is not located within an area of critical state
 4967  concern, unless the project subject to the proposed amendment
 4968  involves the construction of affordable housing units meeting
 4969  the criteria of s. 420.0004(3), and is located within an area of
 4970  critical state concern designated by s. 380.0552 or by the
 4971  Administration Commission pursuant to s. 380.05(1). Such
 4972  amendment is not subject to the density limitations of sub
 4973  subparagraph f., and shall be reviewed by the state land
 4974  planning agency for consistency with the principles for guiding
 4975  development applicable to the area of critical state concern
 4976  where the amendment is located and shall not become effective
 4977  until a final order is issued under s. 380.05(6).
 4978         f. If the proposed amendment involves a residential land
 4979  use, the residential land use has a density of 10 units or less
 4980  per acre or the proposed future land use category allows a
 4981  maximum residential density of the same or less than the maximum
 4982  residential density allowable under the existing future land use
 4983  category, except that this limitation does not apply to small
 4984  scale amendments involving the construction of affordable
 4985  housing units meeting the criteria of s. 420.0004(3) on property
 4986  which will be the subject of a land use restriction agreement,
 4987  or small scale amendments described in sub-sub-subparagraph
 4988  a.(I) that are designated in the local comprehensive plan for
 4989  urban infill, urban redevelopment, or downtown revitalization as
 4990  defined in s. 163.3164, urban infill and redevelopment areas
 4991  designated under s. 163.2517, transportation concurrency
 4992  exception areas approved pursuant to s. 163.3180(5), or regional
 4993  activity centers and urban central business districts approved
 4994  pursuant to s. 380.06(2)(e).
 4995         2.a. A local government that proposes to consider a plan
 4996  amendment pursuant to this paragraph is not required to comply
 4997  with the procedures and public notice requirements of s.
 4998  163.3184(15)(c) for such plan amendments if the local government
 4999  complies with the provisions in s. 125.66(4)(a) for a county or
 5000  in s. 166.041(3)(c) for a municipality. If a request for a plan
 5001  amendment under this paragraph is initiated by other than the
 5002  local government, public notice is required.
 5003         b. The local government shall send copies of the notice and
 5004  amendment to the state land planning agency, the regional
 5005  planning council, and any other person or entity requesting a
 5006  copy. This information shall also include a statement
 5007  identifying any property subject to the amendment that is
 5008  located within a coastal high-hazard area as identified in the
 5009  local comprehensive plan.
 5010         (2)3. Small scale development amendments adopted pursuant
 5011  to this section paragraph require only one public hearing before
 5012  the governing board, which shall be an adoption hearing as
 5013  described in s. 163.3184(11)(7), and are not subject to the
 5014  requirements of s. 163.3184(3)-(6) unless the local government
 5015  elects to have them subject to those requirements.
 5016         (3)4. If the small scale development amendment involves a
 5017  site within an area that is designated by the Governor as a
 5018  rural area of critical economic concern as defined under s.
 5019  288.0656(2)(d)(7) for the duration of such designation, the 10
 5020  acre limit listed in subsection (1) subparagraph 1. shall be
 5021  increased by 100 percent to 20 acres. The local government
 5022  approving the small scale plan amendment shall certify to the
 5023  Office of Tourism, Trade, and Economic Development that the plan
 5024  amendment furthers the economic objectives set forth in the
 5025  executive order issued under s. 288.0656(7), and the property
 5026  subject to the plan amendment shall undergo public review to
 5027  ensure that all concurrency requirements and federal, state, and
 5028  local environmental permit requirements are met.
 5029         (d) Any comprehensive plan amendment required by a
 5030  compliance agreement pursuant to s. 163.3184(16) may be approved
 5031  without regard to statutory limits on the frequency of adoption
 5032  of amendments to the comprehensive plan.
 5033         (e) A comprehensive plan amendment for location of a state
 5034  correctional facility. Such an amendment may be made at any time
 5035  and does not count toward the limitation on the frequency of
 5036  plan amendments.
 5037         (f) The capital improvements element annual update required
 5038  in s. 163.3177(3)(b)1. and any amendments directly related to
 5039  the schedule.
 5040         (g) Any local government comprehensive plan amendments
 5041  directly related to proposed redevelopment of brownfield areas
 5042  designated under s. 376.80 may be approved without regard to
 5043  statutory limits on the frequency of consideration of amendments
 5044  to the local comprehensive plan.
 5045         (h) Any comprehensive plan amendments for port
 5046  transportation facilities and projects that are eligible for
 5047  funding by the Florida Seaport Transportation and Economic
 5048  Development Council pursuant to s. 311.07.
 5049         (i) A comprehensive plan amendment for the purpose of
 5050  designating an urban infill and redevelopment area under s.
 5051  163.2517 may be approved without regard to the statutory limits
 5052  on the frequency of amendments to the comprehensive plan.
 5053         (j) Any comprehensive plan amendment to establish public
 5054  school concurrency pursuant to s. 163.3180(13), including, but
 5055  not limited to, adoption of a public school facilities element
 5056  and adoption of amendments to the capital improvements element
 5057  and intergovernmental coordination element. In order to ensure
 5058  the consistency of local government public school facilities
 5059  elements within a county, such elements shall be prepared and
 5060  adopted on a similar time schedule.
 5061         (k) A local comprehensive plan amendment directly related
 5062  to providing transportation improvements to enhance life safety
 5063  on Controlled Access Major Arterial Highways identified in the
 5064  Florida Intrastate Highway System, in counties as defined in s.
 5065  125.011, where such roadways have a high incidence of traffic
 5066  accidents resulting in serious injury or death. Any such
 5067  amendment shall not include any amendment modifying the
 5068  designation on a comprehensive development plan land use map nor
 5069  any amendment modifying the allowable densities or intensities
 5070  of any land.
 5071         (l) A comprehensive plan amendment to adopt a public
 5072  educational facilities element pursuant to s. 163.3177(12) and
 5073  future land-use-map amendments for school siting may be approved
 5074  notwithstanding statutory limits on the frequency of adopting
 5075  plan amendments.
 5076         (m) A comprehensive plan amendment that addresses criteria
 5077  or compatibility of land uses adjacent to or in close proximity
 5078  to military installations in a local government’s future land
 5079  use element does not count toward the limitation on the
 5080  frequency of the plan amendments.
 5081         (n) Any local government comprehensive plan amendment
 5082  establishing or implementing a rural land stewardship area
 5083  pursuant to the provisions of s. 163.3177(11)(d).
 5084         (o) A comprehensive plan amendment that is submitted by an
 5085  area designated by the Governor as a rural area of critical
 5086  economic concern under s. 288.0656(7) and that meets the
 5087  economic development objectives may be approved without regard
 5088  to the statutory limits on the frequency of adoption of
 5089  amendments to the comprehensive plan.
 5090         (p) Any local government comprehensive plan amendment that
 5091  is consistent with the local housing incentive strategies
 5092  identified in s. 420.9076 and authorized by the local
 5093  government.
 5094         (q) Any local government plan amendment to designate an
 5095  urban service area as a transportation concurrency exception
 5096  area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
 5097  development-of-regional-impact process under s. 380.06(29).
 5098         (4)(2) Comprehensive plans may only be amended in such a
 5099  way as to preserve the internal consistency of the plan pursuant
 5100  to s. 163.3177(2). Corrections, updates, or modifications of
 5101  current costs which were set out as part of the comprehensive
 5102  plan shall not, for the purposes of this act, be deemed to be
 5103  amendments.
 5104         (3)(a) The state land planning agency shall not review or
 5105  issue a notice of intent for small scale development amendments
 5106  which satisfy the requirements of paragraph (1)(c).
 5107         (5)(a) Any affected person may file a petition with the
 5108  Division of Administrative Hearings pursuant to ss. 120.569 and
 5109  120.57 to request a hearing to challenge the compliance of a
 5110  small scale development amendment with this act within 30 days
 5111  following the local government’s adoption of the amendment and,
 5112  shall serve a copy of the petition on the local government, and
 5113  shall furnish a copy to the state land planning agency. An
 5114  administrative law judge shall hold a hearing in the affected
 5115  jurisdiction not less than 30 days nor more than 60 days
 5116  following the filing of a petition and the assignment of an
 5117  administrative law judge. The parties to a hearing held pursuant
 5118  to this subsection shall be the petitioner, the local
 5119  government, and any intervenor. In the proceeding, the plan
 5120  amendment shall be determined to be in compliance if the local
 5121  government’s determination that the small scale development
 5122  amendment is in compliance is fairly debatable presumed to be
 5123  correct. The local government’s determination shall be sustained
 5124  unless it is shown by a preponderance of the evidence that the
 5125  amendment is not in compliance with the requirements of this
 5126  act. In any proceeding initiated pursuant to this subsection,
 5127  The state land planning agency may not intervene in any
 5128  proceeding initiated pursuant to this section.
 5129         (b)1. If the administrative law judge recommends that the
 5130  small scale development amendment be found not in compliance,
 5131  the administrative law judge shall submit the recommended order
 5132  to the Administration Commission for final agency action. If the
 5133  administrative law judge recommends that the small scale
 5134  development amendment be found in compliance, the administrative
 5135  law judge shall submit the recommended order to the state land
 5136  planning agency.
 5137         2. If the state land planning agency determines that the
 5138  plan amendment is not in compliance, the agency shall submit,
 5139  within 30 days following its receipt, the recommended order to
 5140  the Administration Commission for final agency action. If the
 5141  state land planning agency determines that the plan amendment is
 5142  in compliance, the agency shall enter a final order within 30
 5143  days following its receipt of the recommended order.
 5144         (c) Small scale development amendments may shall not become
 5145  effective until 31 days after adoption. If challenged within 30
 5146  days after adoption, small scale development amendments may
 5147  shall not become effective until the state land planning agency
 5148  or the Administration Commission, respectively, issues a final
 5149  order determining that the adopted small scale development
 5150  amendment is in compliance.
 5151         (d) In all challenges under this subsection, when a
 5152  determination of compliance as defined in s. 163.3184(1)(b) is
 5153  made, consideration shall be given to the plan amendment as a
 5154  whole and whether the plan amendment furthers the intent of this
 5155  part.
 5156         (4) Each governing body shall transmit to the state land
 5157  planning agency a current copy of its comprehensive plan not
 5158  later than December 1, 1985. Each governing body shall also
 5159  transmit copies of any amendments it adopts to its comprehensive
 5160  plan so as to continually update the plans on file with the
 5161  state land planning agency.
 5162         (5) Nothing in this part is intended to prohibit or limit
 5163  the authority of local governments to require that a person
 5164  requesting an amendment pay some or all of the cost of public
 5165  notice.
 5166         (6)(a) No local government may amend its comprehensive plan
 5167  after the date established by the state land planning agency for
 5168  adoption of its evaluation and appraisal report unless it has
 5169  submitted its report or addendum to the state land planning
 5170  agency as prescribed by s. 163.3191, except for plan amendments
 5171  described in paragraph (1)(b) or paragraph (1)(h).
 5172         (b) A local government may amend its comprehensive plan
 5173  after it has submitted its adopted evaluation and appraisal
 5174  report and for a period of 1 year after the initial
 5175  determination of sufficiency regardless of whether the report
 5176  has been determined to be insufficient.
 5177         (c) A local government may not amend its comprehensive
 5178  plan, except for plan amendments described in paragraph (1)(b),
 5179  if the 1-year period after the initial sufficiency determination
 5180  of the report has expired and the report has not been determined
 5181  to be sufficient.
 5182         (d) When the state land planning agency has determined that
 5183  the report has sufficiently addressed all pertinent provisions
 5184  of s. 163.3191, the local government may amend its comprehensive
 5185  plan without the limitations imposed by paragraph (a) or
 5186  paragraph (c).
 5187         (e) Any plan amendment which a local government attempts to
 5188  adopt in violation of paragraph (a) or paragraph (c) is invalid,
 5189  but such invalidity may be overcome if the local government
 5190  readopts the amendment and transmits the amendment to the state
 5191  land planning agency pursuant to s. 163.3184(7) after the report
 5192  is determined to be sufficient.
 5193         Section 19. Section 163.3189, Florida Statutes, is
 5194  repealed.
 5195  
 5196  
 5197  ================= T I T L E  A M E N D M E N T ================
 5198         And the title is amended as follows:
 5199         Delete lines 29 - 97
 5200  and insert:
 5201         that certain comments, underlying studies, and reports
 5202         provided by a military installation’s commanding
 5203         officer are not binding on local governments;
 5204         providing additional factors for local government
 5205         consideration in impacts to military installations;
 5206         clarifying requirements for adopting criteria to
 5207         address compatibility of lands relating to military
 5208         installations; amending s. 163.3177, F.S.; revising
 5209         and providing duties of local governments; revising
 5210         and providing required and optional elements of
 5211         comprehensive plans; revising requirements of
 5212         schedules of capital improvements; revising and
 5213         providing provisions relating to capital improvements
 5214         elements; revising major objectives of, and procedures
 5215         relating to, the local comprehensive planning process;
 5216         revising and providing required and optional elements
 5217         of future land use plans; providing required
 5218         transportation elements; revising and providing
 5219         required conservation elements; revising and providing
 5220         required housing elements; revising and providing
 5221         required coastal management elements; revising and
 5222         providing required intergovernmental coordination
 5223         elements; amending s. 163.31777, F.S.; revising
 5224         requirements relating to public schools’ interlocal
 5225         agreements; deleting duties of the Office of
 5226         Educational Facilities, the state land planning
 5227         agency, and local governments relating to such
 5228         agreements; deleting an exemption; amending s.
 5229         163.3178, F.S.; deleting a deadline for local
 5230         governments to amend coastal management elements and
 5231         future land use maps; amending s. 163.3180, F.S.;
 5232         revising and providing provisions relating to
 5233         concurrency; revising concurrency requirements;
 5234         revising application and findings; revising local
 5235         government requirements; revising and providing
 5236         requirements relating to transportation concurrency,
 5237         transportation concurrency exception areas, urban
 5238         infill, urban redevelopment, urban service, downtown
 5239         revitalization areas, transportation concurrency
 5240         management areas, long-term transportation and school
 5241         concurrency management systems, development of
 5242         regional impact, school concurrency, service areas,
 5243         financial feasibility, interlocal agreements, and
 5244         multimodal transportation districts; revising duties
 5245         of the Office of Program Policy Analysis and the state
 5246         land planning agency; providing requirements for local
 5247         plans; providing for the limiting the liability of
 5248         local governments under certain conditions; amending
 5249         s. 163.3182, F.S.; revising definitions; revising
 5250         provisions relating to transportation deficiency plans
 5251         and projects; amending s. 163.3184, F.S.; providing a
 5252         definition; providing requirements for comprehensive
 5253         plans and plan amendments; providing a expedited state
 5254         review process for adoption of comprehensive plan
 5255         amendments; providing requirements for the adoption of
 5256         comprehensive plan amendments; creating the state
 5257         coordinated review process; providing and revising
 5258         provisions relating to the review process; revising
 5259         requirements relating to local government transmittal
 5260         of proposed plan or amendments; providing for comment
 5261         by reviewing agencies; deleting provisions relating to
 5262         regional, county, and municipal review; revising
 5263         provisions relating to state land planning agency
 5264         review; revising provisions relating to local
 5265         government review of comments; deleting and revising
 5266         provisions relating to notice of intent and processes
 5267         for compliance and noncompliance; providing procedures
 5268         for administrative challenges to plans and plan
 5269         amendments; providing for compliance agreements;
 5270         providing for mediation and expeditious resolution;
 5271         revising powers and duties of the administration
 5272         commission; revising provisions relating to areas of
 5273         critical state concern; providing for concurrent
 5274         zoning; amending s. 163.3187, F.S.; deleting
 5275         provisions relating to the amendment of adopted
 5276         comprehensive plan and providing the process for
 5277         adoption of small-scale comprehensive plan amendments;
 5278         repealing s. 163.3189, F.S., relating to process for
 5279         amendment of adopted comprehensive plan; amending s.
 5280         163.3191, F.S., relating to