Florida Senate - 2011 CS for CS for SB 1122
By the Committees on Environmental Preservation and
Conservation; and Community Affairs; and Senator Bennett
592-04580A-11 20111122c2
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3161, F.S.; redesignating the “Local Government
4 Comprehensive Planning and Land Development Regulation
5 Act” as the “Community Planning Act”; revising and
6 providing intent and purpose of act; amending
7 163.3162, F.S.; revising provisions related to
8 agricultural enclaves; amending s. 163.3164, F.S.;
9 revising definitions; amending s. 163.3167, F.S.;
10 revising the scope of the act; revising and providing
11 duties of local governments and municipalities
12 relating to comprehensive plans; removing regional
13 planning agencies from the responsibility of preparing
14 comprehensive plans; prohibiting initiative or
15 referendum processes in regard to development orders,
16 local comprehensive plan amendments, and map
17 amendments; prohibiting local governments from
18 requiring a super majority vote on comprehensive plan
19 amendments; deleting retroactive effect; creating s.
20 163.3168, F.S.; encouraging local governments to apply
21 for certain innovative planning tools; authorizing the
22 state land planning agency and other appropriate state
23 and regional agencies to use direct and indirect
24 technical assistance; amending s. 163.3171, F.S.;
25 providing legislative intent; amending s. 163.3174,
26 F.S.; deleting certain notice requirements relating to
27 the establishment of local planning agencies by a
28 governing body; amending s. 163.3175, F.S.; providing
29 additional factors for local government consideration
30 in impacts to military installations; clarifying
31 requirements for adopting criteria to address
32 compatibility of lands relating to military
33 installations; amending s. 163.3177, F.S.; revising
34 and providing duties of local governments; revising
35 and providing required and optional elements of
36 comprehensive plans; revising requirements of
37 schedules of capital improvements; revising and
38 providing provisions relating to capital improvements
39 elements; revising and providing required sanitary
40 sewer, solid waste, drainage, potable water, and
41 natural groundwater aquifer recharge elements;
42 revising and providing required conservation elements;
43 revising and providing required housing elements;
44 revising and providing required coastal management
45 elements; revising major objectives of, and procedures
46 relating to, the local comprehensive planning process;
47 revising and providing required and optional elements
48 of future land use plans; providing required
49 transportation elements; revising and providing
50 required conservation elements; revising and providing
51 required housing elements; revising and providing
52 required coastal management elements; revising and
53 providing required intergovernmental coordination
54 elements; amending s. 163.31777, F.S.; revising
55 requirements relating to public schools’ interlocal
56 agreements; deleting duties of the Office of
57 Educational Facilities, the state land planning
58 agency, and local governments relating to such
59 agreements; deleting an exemption; amending s.
60 163.3178, F.S.; deleting a deadline for local
61 governments to amend coastal management elements and
62 future land use maps; amending s. 163.3180, F.S.;
63 revising and providing provisions relating to
64 concurrency; revising concurrency requirements;
65 revising application and findings; revising local
66 government requirements; revising and providing
67 requirements relating to transportation concurrency,
68 transportation concurrency exception areas, urban
69 infill, urban redevelopment, urban service, downtown
70 revitalization areas, transportation concurrency
71 management areas, long-term transportation and school
72 concurrency management systems, development of
73 regional impact, school concurrency, service areas,
74 financial feasibility, interlocal agreements, and
75 multimodal transportation districts; revising duties
76 of the Office of Program Policy Analysis and
77 Government Accountability and the state land planning
78 agency; providing requirements for local plans;
79 providing for the limiting the liability of local
80 governments under certain conditions; reenacting s.
81 163.31801(5), F.S., and amending s. 163.31801, F.S.;
82 prohibiting new impact fees by local governments for a
83 specified period of time; amending s. 163.3182, F.S.;
84 revising definitions; revising provisions relating to
85 transportation sufficiency plans and projects;
86 amending s. 163.3184, F.S.; providing a definition for
87 “reviewing agencies”; amending the definition of “in
88 compliance”; removing references to procedural rules
89 established by the state land planning agency;
90 deleting provisions relating to community vision and
91 urban boundary plan amendments, urban infill and
92 redevelopment plan amendments, and housing incentive
93 strategy plan amendments; amending s. 163.3187, F.S.;
94 deleting provisions relating to the amendment of
95 adopted comprehensive plan and providing the process
96 for adoption of small-scale comprehensive plan
97 amendments; amending s. 163.3191, F.S., relating to
98 the evaluation and appraisal of comprehensive plans;
99 providing and revising local government requirements
100 including notice, amendments, compliance, mediation,
101 reports, and scoping meetings; amending s. 163.3194,
102 F.S.; regulating development orders for signs
103 authorized by s. 479.07, F.S.; providing definitions;
104 amending s. 163.3235, F.S.; revising requirements for
105 periodic reviews of a development agreements; amending
106 s. 163.3239, F.S.; revising recording requirements;
107 amending s. 163.3243, F.S.; revising parties who may
108 file an action for injunctive relief; amending s.
109 163.3245, F.S.; revising provisions relating to
110 optional sector plans; authorizing the adoption of
111 sector plans under certain circumstances; amending s.
112 163.3247, F.S.; revising provisions relating to the
113 Century Commission for a Sustainable Florida; revising
114 the findings and intent to include the necessity for a
115 specific strategic plan addressing the state’s growth
116 management system; revising the planning timeframes to
117 include a 10-year horizon; revising membership of the
118 commission; deleting obsolete provisions regarding
119 initial appointments; providing for the election of a
120 chair and excluding certain members from serving as
121 chair during a specified period; requiring that the
122 commission meet at least six times per fiscal year;
123 deleting a provision that requires the commission to
124 meet in different regions in the state; requiring that
125 the executive director establish a meeting calendar
126 with the commission’s approval; authorizing the
127 commission to form subcommittees by vote; providing
128 for a majority vote of members on commission actions;
129 providing for reimbursement for per diem and travel
130 expenses; revising provisions relating to the
131 commission’s powers and duties; requiring that the
132 commission, in cooperation with interested state
133 agencies, local governments, and nongovernmental
134 stakeholders, develop a strategic plan and submit the
135 plan to the Governor and the Legislature by a
136 specified date; requiring that the commission also
137 submit progress reports by specified dates; requiring
138 that the commission make presentations to the Governor
139 and the Legislature; providing that an executive
140 director be appointed by the Secretary of Community
141 Affairs and ratified by the commission; requiring that
142 the Department of Community Affairs provide a specific
143 line item in its annual legislative budget request to
144 fund the commission during a specified period;
145 authorizing the department to obtain additional
146 funding through external grants; requiring that the
147 department provide sufficient funding and staff
148 support to assist the commission in its duties;
149 providing for future expiration and the abolishment of
150 the commission; creating s. 163.3248, F.S.; providing
151 for the designation of rural land stewardship areas;
152 providing purposes and requirements for the
153 establishment of such areas; providing for the
154 creation of rural land stewardship overlay zoning
155 district and transferable rural land use credits;
156 providing certain limitations relating to such
157 credits; providing for incentives; providing
158 legislative intent; amending s. 163.32465, F.S.;
159 revising legislative findings related to local
160 government comprehensive planning; revising the
161 process for amending a comprehensive plan; making the
162 expedited review process applicable statewide and
163 removing its status as a pilot program; revising the
164 process and requirements for expedited review of plan
165 amendments; amending s. 186.504, F.S.; revising
166 membership requirements of regional planning councils;
167 amending s. 367.021, F.S.; providing definitions for
168 the terms “large landowner” and “need”; amending s.
169 380.06, F.S.; revising exemptions; revising provisions
170 to conform to changes made by this act; repealing
171 rules 9J-5 and 9J-11.023, Florida Administrative Code,
172 relating to minimum criteria for review of local
173 government comprehensive plans and plan amendments,
174 evaluation and appraisal reports, land development
175 regulations, and determinations of compliance;
176 amending s. 380.0685, F.S.; revising the uses of the
177 park admission surcharge; amending ss. 70.51, 163.06,
178 163.2517, 163.3217, 163.3220, 163.3221, 163.3229,
179 163.360, 163.516, 171.203, 186.513, 186.515, 189.415,
180 190.004, 190.005, 193.501, 287.042, 288.063, 288.975,
181 290.0475, 311.07, 331.319, 339.155, 339.2819, 369.303,
182 369.321, 378.021, 380.031, 380.061, 380.065, 380.115,
183 403.50665, 420.9071, 403.973, 420.5095, 420.615,
184 420.9071, 420.9076, 720.403, 1013.30, and 1013.33,
185 F.S.; making conforming changes; repealing
186 administrative rules; expanding a permit extension;
187 providing a finding of important state interest;
188 requiring the state land planning agency to review
189 certain administrative and judicial proceedings;
190 providing procedures for such review; affirming
191 statutory construction with respect to other
192 legislation passed at the same session; providing a
193 directive of the Division of Statutory Revision;
194 providing effective dates.
195
196 Be It Enacted by the Legislature of the State of Florida:
197
198 Section 1. Subsection (26) of section 70.51, Florida
199 Statutes, is amended to read:
200 70.51 Land use and environmental dispute resolution.—
201 (26) A special magistrate’s recommendation under this
202 section constitutes data in support of, and a support document
203 for, a comprehensive plan or comprehensive plan amendment, but
204 is not, in and of itself, dispositive of a determination of
205 compliance with chapter 163. Any comprehensive plan amendment
206 necessary to carry out the approved recommendation of a special
207 magistrate under this section is exempt from the twice-a-year
208 limit on plan amendments and may be adopted by the local
209 government amendments in s. 163.3184(16)(d).
210 Section 2. Paragraphs (h) through (l) of subsection (3) of
211 section 163.06, Florida Statutes, are redesignated as paragraphs
212 (g) through (k), respectively, and present paragraph (g) of that
213 subsection is amended to read:
214 163.06 Miami River Commission.—
215 (3) The policy committee shall have the following powers
216 and duties:
217 (g) Coordinate a joint planning area agreement between the
218 Department of Community Affairs, the city, and the county under
219 the provisions of s. 163.3177(11)(a), (b), and (c).
220 Section 3. Subsection (4) of section 163.2517, Florida
221 Statutes, is amended to read:
222 163.2517 Designation of urban infill and redevelopment
223 area.—
224 (4) In order for a local government to designate an urban
225 infill and redevelopment area, it must amend its comprehensive
226 land use plan under s. 163.3187 to delineate the boundaries of
227 the urban infill and redevelopment area within the future land
228 use element of its comprehensive plan pursuant to its adopted
229 urban infill and redevelopment plan. The state land planning
230 agency shall review the boundary delineation of the urban infill
231 and redevelopment area in the future land use element under s.
232 163.3184. However, an urban infill and redevelopment plan
233 adopted by a local government is not subject to review for
234 compliance as defined by s. 163.3184(1)(b), and the local
235 government is not required to adopt the plan as a comprehensive
236 plan amendment. An amendment to the local comprehensive plan to
237 designate an urban infill and redevelopment area is exempt from
238 the twice-a-year amendment limitation of s. 163.3187.
239 Section 4. Section 163.3161, Florida Statutes, is amended
240 to read:
241 163.3161 Short title; intent and purpose.—
242 (1) This part shall be known and may be cited as the
243 “Community Local Government Comprehensive Planning and Land
244 Development Regulation Act.”
245 (2) In conformity with, and in furtherance of, the purpose
246 of the Florida Environmental Land and Water Management Act of
247 1972, chapter 380, It is the purpose of this act to utilize and
248 strengthen the existing role, processes, and powers of local
249 governments in the establishment and implementation of
250 comprehensive planning programs to guide and manage control
251 future development consistent with the proper role of local
252 government.
253 (3) It is the intent of this act to focus the state role in
254 managing growth under this act to protecting the functions of
255 important state resources and facilities.
256 (4)(3) It is the intent of this act that the ability of its
257 adoption is necessary so that local governments to can preserve
258 and enhance present advantages; encourage the most appropriate
259 use of land, water, and resources, consistent with the public
260 interest; overcome present handicaps; and deal effectively with
261 future problems that may result from the use and development of
262 land within their jurisdictions. Through the process of
263 comprehensive planning, it is intended that units of local
264 government can preserve, promote, protect, and improve the
265 public health, safety, comfort, good order, appearance,
266 convenience, law enforcement and fire prevention, and general
267 welfare; prevent the overcrowding of land and avoid undue
268 concentration of population; facilitate the adequate and
269 efficient provision of transportation, water, sewerage, schools,
270 parks, recreational facilities, housing, and other requirements
271 and services; and conserve, develop, utilize, and protect
272 natural resources within their jurisdictions.
273 (5)(4) It is the intent of this act to encourage and ensure
274 assure cooperation between and among municipalities and counties
275 and to encourage and assure coordination of planning and
276 development activities of units of local government with the
277 planning activities of regional agencies and state government in
278 accord with applicable provisions of law.
279 (6)(5) It is the intent of this act that adopted
280 comprehensive plans shall have the legal status set out in this
281 act and that no public or private development shall be permitted
282 except in conformity with comprehensive plans, or elements or
283 portions thereof, prepared and adopted in conformity with this
284 act.
285 (7)(6) It is the intent of this act that the activities of
286 units of local government in the preparation and adoption of
287 comprehensive plans, or elements or portions therefor, shall be
288 conducted in conformity with the provisions of this act.
289 (8)(7) The provisions of this act in their interpretation
290 and application are declared to be the minimum requirements
291 necessary to accomplish the stated intent, purposes, and
292 objectives of this act; to protect human, environmental, social,
293 and economic resources; and to maintain, through orderly growth
294 and development, the character and stability of present and
295 future land use and development in this state.
296 (9)(8) It is the intent of the Legislature that the repeal
297 of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
298 of Florida, and amendments to this part by this chapter law,
299 shall not be interpreted to limit or restrict the powers of
300 municipal or county officials, but shall be interpreted as a
301 recognition of their broad statutory and constitutional powers
302 to plan for and regulate the use of land. It is, further, the
303 intent of the Legislature to reconfirm that ss. 163.3161 through
304 163.3248 163.3215 have provided and do provide the necessary
305 statutory direction and basis for municipal and county officials
306 to carry out their comprehensive planning and land development
307 regulation powers, duties, and responsibilities.
308 (10)(9) It is the intent of the Legislature that all
309 governmental entities in this state recognize and respect
310 judicially acknowledged or constitutionally protected private
311 property rights. It is the intent of the Legislature that all
312 rules, ordinances, regulations, and programs adopted under the
313 authority of this act must be developed, promulgated,
314 implemented, and applied with sensitivity for private property
315 rights and not be unduly restrictive, and property owners must
316 be free from actions by others which would harm their property.
317 Full and just compensation or other appropriate relief must be
318 provided to any property owner for a governmental action that is
319 determined to be an invalid exercise of the police power which
320 constitutes a taking, as provided by law. Any such relief must
321 be determined in a judicial action.
322 (11) It is the intent of this part that the traditional
323 economic base of this state, agriculture, tourism, and military
324 presence, be recognized and protected. Further, it is the intent
325 of this part to encourage economic diversification, workforce
326 development, and community planning.
327 (12) It is the intent of this part that new statutory
328 requirements created by the Legislature will not require a local
329 government whose plan has been found to be in compliance with
330 this part to adopt amendments implementing the new statutory
331 requirements until the evaluation and appraisal period provided
332 in s. 163.3191, unless otherwise specified in law. However, any
333 new amendments must comply with the requirements of this part.
334 Section 5. Subsections (2) through (5) of section 163.3162,
335 Florida Statutes, are renumbered as subsections (1) through (4),
336 respectively, and present subsections (1) and (5) of that
337 section are amended to read:
338 163.3162 Agricultural Lands and Practices Act.—
339 (1) SHORT TITLE.—This section may be cited as the
340 “Agricultural Lands and Practices Act.”
341 (4)(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.
342 The owner of a parcel of land defined as an agricultural enclave
343 under s. 163.3164(33) may apply for an amendment to the local
344 government comprehensive plan pursuant to s. 163.3184 163.3187.
345 Such amendment is presumed not to be urban sprawl as defined in
346 s. 163.3164 if it includes consistent with rule 9J-5.006(5),
347 Florida Administrative Code, and may include land uses and
348 intensities of use that are consistent with the uses and
349 intensities of use of existing or authorized for the industrial,
350 commercial, or residential areas that surround the parcel. This
351 presumption may be rebutted only by clear and convincing
352 evidence. Each application for a comprehensive plan amendment
353 under this subsection for a parcel larger than 640 acres must
354 include appropriate new urbanism concepts such as clustering,
355 mixed-use development, the creation of rural village and city
356 centers, and the transfer of development rights in order to
357 discourage urban sprawl while protecting landowner rights.
358 (a) Unless the parcel of land that is the subject of an
359 application for an amendment is abutted by only one land use
360 designation the local government and the land owner of a parcel
361 of land that is the subject of an application for an amendment
362 shall have 180 days following the date that the local government
363 receives a complete application to negotiate in good faith to
364 reach consensus on the land uses and intensities of use that are
365 consistent with the uses and intensities of use of the
366 industrial, commercial, or residential areas that surround the
367 parcel. Within 30 days after the local government’s receipt of
368 such an application, the local government and owner must agree
369 in writing to a schedule for information submittal, public
370 hearings, negotiations, and final action on the amendment, which
371 schedule may thereafter be altered only with the written consent
372 of the local government and the owner. Compliance with the
373 schedule in the written agreement constitutes good faith
374 negotiations for purposes of paragraph (c). If the parcel is
375 abutted by only one land use designation, it shall be presumed
376 that the same land use designation is appropriate for the parcel
377 and no negotiation is required.
378 (b) Upon conclusion of good faith negotiations under
379 paragraph (a), if such negotiations are required, and regardless
380 of whether the local government and owner reach consensus on the
381 land uses and intensities of use that are consistent with the
382 uses and intensities of use of the industrial, commercial, or
383 residential areas that surround the parcel, the amendment must
384 be transmitted to the state land planning agency for review
385 pursuant to s. 163.3184. If the local government fails to
386 transmit the amendment within 180 days after receipt of a
387 complete application, the amendment must be immediately
388 transferred to the state land planning agency for such review at
389 the first available transmittal cycle. A plan amendment
390 transmitted to the state land planning agency submitted under
391 this subsection is presumed not to be urban sprawl as defined in
392 s. 163.3164 consistent with rule 9J-5.006(5), Florida
393 Administrative Code. This presumption may be rebutted only by
394 clear and convincing evidence.
395 (c) If the owner fails to negotiate in good faith, a plan
396 amendment submitted under this subsection is not entitled to the
397 rebuttable presumption under this subsection in the negotiation
398 and amendment process.
399 (d) Nothing within this subsection relating to agricultural
400 enclaves shall preempt or replace any protection currently
401 existing for any property located within the boundaries of the
402 following areas:
403 1. The Wekiva Study Area, as described in s. 369.316; or
404 2. The Everglades Protection Area, as defined in s.
405 373.4592(2).
406 Section 6. Section 163.3164, Florida Statutes, is reordered
407 and amended to read:
408 163.3164 Community Local Government Comprehensive Planning
409 and Land Development Regulation Act; definitions.—As used in
410 this act, the term:
411 (1) “Adaptation action area” or “adaptation area” means a
412 designation in the coastal management element of a local
413 government’s comprehensive plan which identifies one or more
414 areas that experience coastal flooding due to extreme high tides
415 and storm surge, and that are vulnerable to the related impacts
416 of rising sea levels for the purpose of prioritizing funding for
417 infrastructure needs and adaptation planning.
418 (2)(1) “Administration Commission” means the Governor and
419 the Cabinet, and for purposes of this chapter the commission
420 shall act on a simple majority vote, except that for purposes of
421 imposing the sanctions provided in s. 163.3184(11), affirmative
422 action shall require the approval of the Governor and at least
423 three other members of the commission.
424 (3) “Affordable housing” has the same meaning as in s.
425 420.0004(3).
426 (5) “Antiquated subdivision” means a subdivision that was
427 recorded or approved more than 20 years ago and that has
428 substantially failed to be built and the continued buildout of
429 the subdivision in accordance with the subdivision’s zoning and
430 land use purposes would cause an imbalance of land uses and
431 would be detrimental to the local and regional economies and
432 environment, hinder current planning practices, and lead to
433 inefficient and fiscally irresponsible development patterns as
434 determined by the respective jurisdiction in which the
435 subdivision is located.
436 (6)(2) “Area” or “area of jurisdiction” means the total
437 area qualifying under the provisions of this act, whether this
438 be all of the lands lying within the limits of an incorporated
439 municipality, lands in and adjacent to incorporated
440 municipalities, all unincorporated lands within a county, or
441 areas comprising combinations of the lands in incorporated
442 municipalities and unincorporated areas of counties.
443 (7) “Capital improvement” means physical assets constructed
444 or purchased to provide, improve, or replace a public facility
445 and which are typically large scale and high in cost. The cost
446 of a capital improvement is generally nonrecurring and may
447 require multiyear financing. For the purposes of this part,
448 physical assets that have been identified as existing or
449 projected needs in the individual comprehensive plan elements
450 shall be considered capital improvements.
451 (8)(3) “Coastal area” means the 35 coastal counties and all
452 coastal municipalities within their boundaries designated
453 coastal by the state land planning agency.
454 (9) “Compatibility” means a condition in which land uses or
455 conditions can coexist in relative proximity to each other in a
456 stable fashion over time such that no use or condition is unduly
457 negatively impacted directly or indirectly by another use or
458 condition.
459 (10)(4) “Comprehensive plan” means a plan that meets the
460 requirements of ss. 163.3177 and 163.3178.
461 (11) “Deepwater ports” means the ports identified in s.
462 403.021(9).
463 (12) “Density” means an objective measurement of the number
464 of people or residential units allowed per unit of land, such as
465 residents or employees per acre.
466 (13)(5) “Developer” means any person, including a
467 governmental agency, undertaking any development as defined in
468 this act.
469 (14)(6) “Development” has the same meaning as given it in
470 s. 380.04.
471 (15)(7) “Development order” means any order granting,
472 denying, or granting with conditions an application for a
473 development permit.
474 (16)(8) “Development permit” includes any building permit,
475 zoning permit, subdivision approval, rezoning, certification,
476 special exception, variance, or any other official action of
477 local government having the effect of permitting the development
478 of land.
479 (18) “Floodprone areas” means areas inundated during a 100
480 year flood event or areas identified by the National Flood
481 Insurance Program as an A Zone on flood insurance rate maps or
482 flood hazard boundary maps.
483 (19) “Goal” means the long-term end toward which programs
484 or activities are ultimately directed.
485 (20)(9) “Governing body” means the board of county
486 commissioners of a county, the commission or council of an
487 incorporated municipality, or any other chief governing body of
488 a unit of local government, however designated, or the
489 combination of such bodies where joint utilization of the
490 provisions of this act is accomplished as provided herein.
491 (21)(10) “Governmental agency” means:
492 (a) The United States or any department, commission,
493 agency, or other instrumentality thereof.
494 (b) This state or any department, commission, agency, or
495 other instrumentality thereof.
496 (c) Any local government, as defined in this section, or
497 any department, commission, agency, or other instrumentality
498 thereof.
499 (d) Any school board or other special district, authority,
500 or governmental entity.
501 (22) “Intensity” means an objective measurement of the
502 extent to which land may be developed or used, including the
503 consumption or use of the space above, on, or below ground; the
504 measurement of the use of or demand on natural resources; and
505 the measurement of the use of or demand on facilities and
506 services.
507 (23) “Internal trip capture” means trips generated by a
508 mixed-use project which travel from one on-site land use to
509 another on-site land use without using the external road
510 network.
511 (24)(11) “Land” means the earth, water, and air, above,
512 below, or on the surface, and includes any improvements or
513 structures customarily regarded as land.
514 (27)(12) “Land use” means the development that has occurred
515 on the land, the development that is proposed by a developer on
516 the land, or the use that is permitted or permissible on the
517 land under an adopted comprehensive plan or element or portion
518 thereof, land development regulations, or a land development
519 code, as the context may indicate.
520 (28) “Level of service” means an indicator of the extent or
521 degree of service provided by, or proposed to be provided by, a
522 facility based on and related to the operational characteristics
523 of the facility. Level of service shall indicate the capacity
524 per unit of demand for each public facility.
525 (29)(13) “Local government” means any county or
526 municipality.
527 (30)(14) “Local planning agency” means the agency
528 designated to prepare the comprehensive plan or plan amendments
529 required by this act.
530 (31) “Mobility plan” means an integrated land use and
531 transportation plan that promotes compact, mixed-use, and
532 interconnected development served by a multimodal transportation
533 system that includes roads, bicycle and pedestrian facilities,
534 and, where feasible and appropriate, frequent transit and rail
535 service, to provide individuals with viable transportation
536 options without sole reliance upon a motor vehicle for personal
537 mobility.
538 (32)(15) A “Newspaper of general circulation” means a
539 newspaper published at least on a weekly basis and printed in
540 the language most commonly spoken in the area within which it
541 circulates, but does not include a newspaper intended primarily
542 for members of a particular professional or occupational group,
543 a newspaper whose primary function is to carry legal notices, or
544 a newspaper that is given away primarily to distribute
545 advertising.
546 (33) “New town” means an urban activity center and
547 community designated on the future land use map of sufficient
548 size, population and land use composition to support a variety
549 of economic and social activities consistent with an urban area
550 designation. New towns shall include basic economic activities;
551 all major land use categories, with the possible exception of
552 agricultural and industrial; and a centrally provided full range
553 of public facilities and services that demonstrate internal trip
554 capture. A new town shall be based on a master development plan.
555 (34) “Objective” means a specific, measurable, intermediate
556 end that is achievable and marks progress toward a goal.
557 (35)(16) “Parcel of land” means any quantity of land
558 capable of being described with such definiteness that its
559 locations and boundaries may be established, which is designated
560 by its owner or developer as land to be used, or developed as, a
561 unit or which has been used or developed as a unit.
562 (36)(17) “Person” means an individual, corporation,
563 governmental agency, business trust, estate, trust, partnership,
564 association, two or more persons having a joint or common
565 interest, or any other legal entity.
566 (39) “Policy” means the way in which programs and
567 activities are conducted to achieve an identified goal.
568 (40)(18) “Public notice” means notice as required by s.
569 125.66(2) for a county or by s. 166.041(3)(a) for a
570 municipality. The public notice procedures required in this part
571 are established as minimum public notice procedures.
572 (41)(19) “Regional planning agency” means the council
573 created pursuant to chapter 186 agency designated by the state
574 land planning agency to exercise responsibilities under law in a
575 particular region of the state.
576 (42) “Seasonal population” means part-time inhabitants who
577 use, or may be expected to use, public facilities or services,
578 but are not residents and includes tourists, migrant
579 farmworkers, and other short-term and long-term visitors.
580 (44)(20) “State land planning agency” means the Department
581 of Community Affairs.
582 (45)(21) “Structure” has the same meaning as in given it by
583 s. 380.031(19).
584 (46) “Suitability” means the degree to which the existing
585 characteristics and limitations of land and water are compatible
586 with a proposed use or development.
587 (47) “Transit-oriented development” means a project or
588 projects, in areas identified in a local government
589 comprehensive plan, which are or will be served by existing or
590 planned transit service. These designated areas shall be
591 compact, moderate to high density developments, of mixed-use
592 character, interconnected with other land uses, bicycle and
593 pedestrian friendly, and designed to support frequent transit
594 service operating through, collectively or separately, rail,
595 fixed guideway, streetcar, or bus systems on dedicated
596 facilities or available roadway connections.
597 (25)(22) “Land development regulation commission” means a
598 commission designated by a local government to develop and
599 recommend, to the local governing body, land development
600 regulations that which implement the adopted comprehensive plan
601 and to review land development regulations, or amendments
602 thereto, for consistency with the adopted plan and report to the
603 governing body regarding its findings. The responsibilities of
604 the land development regulation commission may be performed by
605 the local planning agency.
606 (26)(23) “Land development regulations” means ordinances
607 enacted by governing bodies for the regulation of any aspect of
608 development and includes any local government zoning, rezoning,
609 subdivision, building construction, or sign regulations or any
610 other regulations controlling the development of land, except
611 that this definition shall not apply in s. 163.3213.
612 (39)(24) “Public facilities” means major capital
613 improvements, including , but not limited to, transportation,
614 sanitary sewer, solid waste, drainage, potable water,
615 educational, parks and recreational, and health systems and
616 facilities, and spoil disposal sites for maintenance dredging
617 located in the intracoastal waterways, except for spoil disposal
618 sites owned or used by ports listed in s. 403.021(9)(b).
619 (17)(25) “Downtown revitalization” means the physical and
620 economic renewal of a central business district of a community
621 as designated by local government, and includes both downtown
622 development and redevelopment.
623 (50)(26) “Urban redevelopment” means demolition and
624 reconstruction or substantial renovation of existing buildings
625 or infrastructure within urban infill areas, existing urban
626 service areas, or community redevelopment areas created pursuant
627 to part III.
628 (49)(27) “Urban infill” means the development of vacant
629 parcels in otherwise built-up areas where public facilities such
630 as sewer systems, roads, schools, and recreation areas are
631 already in place and the average residential density is at least
632 five dwelling units per acre, the average nonresidential
633 intensity is at least a floor area ratio of 1.0 and vacant,
634 developable land does not constitute more than 10 percent of the
635 area.
636 (38)(28) “Projects that promote public transportation”
637 means projects that directly affect the provisions of public
638 transit, including transit terminals, transit lines and routes,
639 separate lanes for the exclusive use of public transit services,
640 transit stops (shelters and stations), office buildings or
641 projects that include fixed-rail or transit terminals as part of
642 the building, and projects that which are transit oriented and
643 designed to complement reasonably proximate planned or existing
644 public facilities.
645 (51)(29) “Urban service area” means built-up areas
646 identified in the comprehensive plan where public facilities and
647 services, including, but not limited to, central water and sewer
648 capacity and roads, are already in place or are identified in
649 the capital improvements element. Urban service area includes
650 any areas identified in the comprehensive plan as urban service
651 areas, regardless of local government limitation. committed in
652 the first 3 years of the capital improvement schedule. In
653 addition, for counties that qualify as dense urban land areas
654 under subsection (34), the nonrural area of a county which has
655 adopted into the county charter a rural area designation or
656 areas identified in the comprehensive plan as urban service
657 areas or urban growth boundaries on or before July 1, 2009, are
658 also urban service areas under this definition.
659 (52) “Urban sprawl” means a development pattern
660 characterized by low density, automobile-dependent development
661 with either a single use or multiple uses that are not
662 functionally related, requiring the extension of public
663 facilities and services in an inefficient manner, and failing to
664 provide a clear separation between urban and rural uses.
665 (48)(30) “Transportation corridor management” means the
666 coordination of the planning of designated future transportation
667 corridors with land use planning within and adjacent to the
668 corridor to promote orderly growth, to meet the concurrency
669 requirements of this chapter, and to maintain the integrity of
670 the corridor for transportation purposes.
671 (43)(31) “Optional Sector plan” means the an optional
672 process authorized by s. 163.3245 in which one or more local
673 governments engage in long-term planning for a large area and by
674 agreement with the state land planning agency are allowed to
675 address regional development-of-regional-impact issues through
676 adoption of detailed specific area plans within the planning
677 area within certain designated geographic areas identified in
678 the local comprehensive plan as a means of fostering innovative
679 planning and development strategies in s. 163.3177(11)(a) and
680 (b), furthering the purposes of this part and part I of chapter
681 380, reducing overlapping data and analysis requirements,
682 protecting regionally significant resources and facilities, and
683 addressing extrajurisdictional impacts. “Sector plan” includes
684 an optional sector plan that was adopted pursuant to the
685 Optional Sector Plan Pilot Program.
686 (32) “Financial feasibility” means that sufficient revenues
687 are currently available or will be available from committed
688 funding sources for the first 3 years, or will be available from
689 committed or planned funding sources for years 4 and 5, of a 5
690 year capital improvement schedule for financing capital
691 improvements, such as ad valorem taxes, bonds, state and federal
692 funds, tax revenues, impact fees, and developer contributions,
693 which are adequate to fund the projected costs of the capital
694 improvements identified in the comprehensive plan necessary to
695 ensure that adopted level-of-service standards are achieved and
696 maintained within the period covered by the 5-year schedule of
697 capital improvements. A comprehensive plan shall be deemed
698 financially feasible for transportation and school facilities
699 throughout the planning period addressed by the capital
700 improvements schedule if it can be demonstrated that the level
701 of-service standards will be achieved and maintained by the end
702 of the planning period even if in a particular year such
703 improvements are not concurrent as required by s. 163.3180.
704 (4)(33) “Agricultural enclave” means an unincorporated,
705 undeveloped parcel that:
706 (a) Is owned by a single person or entity;
707 (b) Has been in continuous use for bona fide agricultural
708 purposes, as defined by s. 193.461, for a period of 5 years
709 prior to the date of any comprehensive plan amendment
710 application;
711 (c)1. Is surrounded on at least 75 percent of its perimeter
712 by:
713 a.1. Property that has existing industrial, commercial, or
714 residential development; or
715 b.2. Property that the local government has designated, in
716 the local government’s comprehensive plan, zoning map, and
717 future land use map, as land that is to be developed for
718 industrial, commercial, or residential purposes, and at least 75
719 percent of such property is existing industrial, commercial, or
720 residential development; or
721 2. Is surrounded on at least 90 percent of its perimeter by
722 property that the local government has designated in the local
723 government’s comprehensive plan and future land use map as land
724 that is to be developed for industrial, commercial, or
725 residential purposes; or
726 3. Is surrounded by existing or authorized residential
727 development that will result in a density at buildout of at
728 least 1,000 residents per square mile.
729 (d) Has public services, including water, wastewater,
730 transportation, schools, and recreation facilities, available or
731 such public services are scheduled in the capital improvement
732 element to be provided by the local government or can be
733 provided by an alternative provider of local government
734 infrastructure in order to ensure consistency with applicable
735 concurrency provisions of s. 163.3180; and
736 (e) Does not exceed 1,280 acres; however, if the property
737 meets the criteria in subparagraph (c)3. is surrounded by
738 existing or authorized residential development that will result
739 in a density at buildout of at least 1,000 residents per square
740 mile, then the area shall be determined to be urban and the
741 parcel may not exceed 4,480 acres.
742 (34) “Dense urban land area” means:
743 (a) A municipality that has an average of at least 1,000
744 people per square mile of land area and a minimum total
745 population of at least 5,000;
746 (b) A county, including the municipalities located therein,
747 which has an average of at least 1,000 people per square mile of
748 land area; or
749 (c) A county, including the municipalities located therein,
750 which has a population of at least 1 million.
751
752 The Office of Economic and Demographic Research within the
753 Legislature shall annually calculate the population and density
754 criteria needed to determine which jurisdictions qualify as
755 dense urban land areas by using the most recent land area data
756 from the decennial census conducted by the Bureau of the Census
757 of the United States Department of Commerce and the latest
758 available population estimates determined pursuant to s.
759 186.901. If any local government has had an annexation,
760 contraction, or new incorporation, the Office of Economic and
761 Demographic Research shall determine the population density
762 using the new jurisdictional boundaries as recorded in
763 accordance with s. 171.091. The Office of Economic and
764 Demographic Research shall submit to the state land planning
765 agency a list of jurisdictions that meet the total population
766 and density criteria necessary for designation as a dense urban
767 land area by July 1, 2009, and every year thereafter. The state
768 land planning agency shall publish the list of jurisdictions on
769 its Internet website within 7 days after the list is received.
770 The designation of jurisdictions that qualify or do not qualify
771 as a dense urban land area is effective upon publication on the
772 state land planning agency’s Internet website.
773 Section 7. Section 163.3167, Florida Statutes, is amended
774 to read:
775 163.3167 Scope of act.—
776 (1) The several incorporated municipalities and counties
777 shall have power and responsibility:
778 (a) To plan for their future development and growth.
779 (b) To adopt and amend comprehensive plans, or elements or
780 portions thereof, to guide their future development and growth.
781 (c) To implement adopted or amended comprehensive plans by
782 the adoption of appropriate land development regulations or
783 elements thereof.
784 (d) To establish, support, and maintain administrative
785 instruments and procedures to carry out the provisions and
786 purposes of this act.
787
788 The powers and authority set out in this act may be employed by
789 municipalities and counties individually or jointly by mutual
790 agreement in accord with the provisions of this act and in such
791 combinations as their common interests may dictate and require.
792 (2) Each local government shall maintain prepare a
793 comprehensive plan of the type and in the manner set out in this
794 part or prepare amendments to its existing comprehensive plan to
795 conform it to the requirements of this part and in the manner
796 set out in this part. In accordance with s. 163.3184, each local
797 government shall submit to the state land planning agency its
798 complete proposed comprehensive plan or its complete
799 comprehensive plan as proposed to be amended.
800 (3) When a local government has not prepared all of the
801 required elements or has not amended its plan as required by
802 subsection (2), the regional planning agency having
803 responsibility for the area in which the local government lies
804 shall prepare and adopt by rule, pursuant to chapter 120, the
805 missing elements or adopt by rule amendments to the existing
806 plan in accordance with this act by July 1, 1989, or within 1
807 year after the dates specified or provided in subsection (2) and
808 the state land planning agency review schedule, whichever is
809 later. The regional planning agency shall provide at least 90
810 days’ written notice to any local government whose plan it is
811 required by this subsection to prepare, prior to initiating the
812 planning process. At least 90 days before the adoption by the
813 regional planning agency of a comprehensive plan, or element or
814 portion thereof, pursuant to this subsection, the regional
815 planning agency shall transmit a copy of the proposed
816 comprehensive plan, or element or portion thereof, to the local
817 government and the state land planning agency for written
818 comment. The state land planning agency shall review and comment
819 on such plan, or element or portion thereof, in accordance with
820 s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
821 applicable to the regional planning agency as if it were a
822 governing body. Existing comprehensive plans shall remain in
823 effect until they are amended pursuant to subsection (2), this
824 subsection, s. 163.3187, or s. 163.3189.
825 (3)(4) A municipality established after the effective date
826 of this act shall, within 1 year after incorporation, establish
827 a local planning agency, pursuant to s. 163.3174, and prepare
828 and adopt a comprehensive plan of the type and in the manner set
829 out in this act within 3 years after the date of such
830 incorporation. A county comprehensive plan shall be deemed
831 controlling until the municipality adopts a comprehensive plan
832 in accord with the provisions of this act. If, upon the
833 expiration of the 3-year time limit, the municipality has not
834 adopted a comprehensive plan, the regional planning agency shall
835 prepare and adopt a comprehensive plan for such municipality.
836 (4)(5) Any comprehensive plan, or element or portion
837 thereof, adopted pursuant to the provisions of this act, which
838 but for its adoption after the deadlines established pursuant to
839 previous versions of this act would have been valid, shall be
840 valid.
841 (6) When a regional planning agency is required to prepare
842 or amend a comprehensive plan, or element or portion thereof,
843 pursuant to subsections (3) and (4), the regional planning
844 agency and the local government may agree to a method of
845 compensating the regional planning agency for any verifiable,
846 direct costs incurred. If an agreement is not reached within 6
847 months after the date the regional planning agency assumes
848 planning responsibilities for the local government pursuant to
849 subsections (3) and (4) or by the time the plan or element, or
850 portion thereof, is completed, whichever is earlier, the
851 regional planning agency shall file invoices for verifiable,
852 direct costs involved with the governing body. Upon the failure
853 of the local government to pay such invoices within 90 days, the
854 regional planning agency may, upon filing proper vouchers with
855 the Chief Financial Officer, request payment by the Chief
856 Financial Officer from unencumbered revenue or other tax sharing
857 funds due such local government from the state for work actually
858 performed, and the Chief Financial Officer shall pay such
859 vouchers; however, the amount of such payment shall not exceed
860 50 percent of such funds due such local government in any one
861 year.
862 (7) A local government that is being requested to pay costs
863 may seek an administrative hearing pursuant to ss. 120.569 and
864 120.57 to challenge the amount of costs and to determine if the
865 statutory prerequisites for payment have been complied with.
866 Final agency action shall be taken by the state land planning
867 agency. Payment shall be withheld as to disputed amounts until
868 proceedings under this subsection have been completed.
869 (5)(8) Nothing in this act shall limit or modify the rights
870 of any person to complete any development that has been
871 authorized as a development of regional impact pursuant to
872 chapter 380 or who has been issued a final local development
873 order and development has commenced and is continuing in good
874 faith.
875 (6)(9) The Reedy Creek Improvement District shall exercise
876 the authority of this part as it applies to municipalities,
877 consistent with the legislative act under which it was
878 established, for the total area under its jurisdiction.
879 (7)(10) Nothing in this part shall supersede any provision
880 of ss. 341.8201-341.842.
881 (11) Each local government is encouraged to articulate a
882 vision of the future physical appearance and qualities of its
883 community as a component of its local comprehensive plan. The
884 vision should be developed through a collaborative planning
885 process with meaningful public participation and shall be
886 adopted by the governing body of the jurisdiction. Neighboring
887 communities, especially those sharing natural resources or
888 physical or economic infrastructure, are encouraged to create
889 collective visions for greater-than-local areas. Such collective
890 visions shall apply in each city or county only to the extent
891 that each local government chooses to make them applicable. The
892 state land planning agency shall serve as a clearinghouse for
893 creating a community vision of the future and may utilize the
894 Growth Management Trust Fund, created by s. 186.911, to provide
895 grants to help pay the costs of local visioning programs. When a
896 local vision of the future has been created, a local government
897 should review its comprehensive plan, land development
898 regulations, and capital improvement program to ensure that
899 these instruments will help to move the community toward its
900 vision in a manner consistent with this act and with the state
901 comprehensive plan. A local or regional vision must be
902 consistent with the state vision, when adopted, and be
903 internally consistent with the local or regional plan of which
904 it is a component. The state land planning agency shall not
905 adopt minimum criteria for evaluating or judging the form or
906 content of a local or regional vision.
907 (8)(12) An initiative or referendum process in regard to
908 any development order or in regard to any local comprehensive
909 plan amendment or map amendment that affects five or fewer
910 parcels of land is prohibited. A local government may not adopt
911 any super majority voting requirement for the adoption of
912 amendments to the comprehensive plan.
913 (9)(13) Each local government shall address in its
914 comprehensive plan, as enumerated in this chapter, the water
915 supply sources necessary to meet and achieve the existing and
916 projected water use demand for the established planning period,
917 considering the applicable plan developed pursuant to s.
918 373.709.
919 (10)(14)(a) If a local government grants a development
920 order pursuant to its adopted land development regulations and
921 the order is not the subject of a pending appeal and the
922 timeframe for filing an appeal has expired, the development
923 order may not be invalidated by a subsequent judicial
924 determination that such land development regulations, or any
925 portion thereof that is relevant to the development order, are
926 invalid because of a deficiency in the approval standards.
927 (b) This subsection does not preclude or affect the timely
928 institution of any other remedy available at law or equity,
929 including a common law writ of certiorari proceeding pursuant to
930 Rule 9.190, Florida Rules of Appellate Procedure, or an original
931 proceeding pursuant to s. 163.3215, as applicable.
932 (c) This subsection applies retroactively to any
933 development order granted on or after January 1, 2002.
934 (11) A local government shall process and review
935 applications for development orders, including zoning and other
936 land use approvals, based on the comprehensive plan, zoning and
937 land use code, and regulations in effect at the time each
938 respective application is filed, except if:
939 (a) The local government can demonstrate that the
940 ordinance, rule, or regulation in effect when the application
941 was filed would create an immediate and imminent threat to the
942 public safety or health; or
943 (b) The application was not filed in good faith in an
944 effort to avoid an amendment to the comprehensive plan after the
945 local government has declared publicly its intent to amend the
946 comprehensive plan prior to the filing of the application.
947 Section 8. Section 163.3168, Florida Statutes, is created
948 to read:
949 163.3168 Planning innovations and technical assistance.—
950 (1) The Legislature recognizes the need for innovative
951 planning and development strategies to promote a diverse economy
952 and vibrant rural and urban communities, while protecting
953 environmentally sensitive areas. The Legislature further
954 recognizes the substantial advantages of innovative approaches
955 to development directed to meet the needs of urban, rural, and
956 suburban areas.
957 (2) Local governments are encouraged to apply innovative
958 planning tools, including, but not limited to, visioning, sector
959 planning, and rural land stewardship area designations to
960 address future new development areas, urban service area
961 designations, urban growth boundaries, and mixed-use, high
962 density development in urban areas.
963 (3) The state land planning agency shall help communities
964 find creative solutions to fostering vibrant, healthy
965 communities, while protecting the functions of important state
966 resources and facilities. The state land planning agency and all
967 other appropriate state and regional agencies may use various
968 means to provide direct and indirect technical assistance within
969 available resources. If plan amendments may adversely impact
970 important state resources or facilities, upon request by the
971 local government, the state land planning agency shall
972 coordinate multiagency assistance, if needed, in developing an
973 amendment to minimize impacts on such resources or facilities.
974 Section 9. Subsection (4) of section 163.3171, Florida
975 Statutes, is amended to read:
976 163.3171 Areas of authority under this act.—
977 (4) The state land planning agency and a Local governments
978 may government shall have the power to enter into agreements
979 with each other and to agree together to enter into agreements
980 with a landowner, developer, or governmental agency as may be
981 necessary or desirable to effectuate the provisions and purposes
982 of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
983 and 163.3248. It is the Legislature’s intent that joint
984 agreements entered into under the authority of this section be
985 liberally, broadly, and flexibly construed to facilitate
986 intergovernmental cooperation between cities and counties and to
987 encourage planning in advance of jurisdictional changes. Joint
988 agreements, executed before or after the effective date of this
989 act, include, but are not limited to, agreements that
990 contemplate municipal adoption of plans or plan amendments for
991 lands in advance of annexation of such lands into the
992 municipality, and may permit municipalities and counties to
993 exercise nonexclusive extrajurisdictional authority within
994 incorporated and unincorporated areas. The state land planning
995 agency shall not have authority to interpret, invalidate, or
996 declare inoperative such joint agreements, and the validity of
997 joint agreements may not be a basis for finding plans or plan
998 amendments not in compliance pursuant to the provisions of
999 chapter law.
1000 Section 10. Subsection (1) of section 163.3174, Florida
1001 Statutes, is amended to read:
1002 163.3174 Local planning agency.—
1003 (1) The governing body of each local government,
1004 individually or in combination as provided in s. 163.3171, shall
1005 designate and by ordinance establish a “local planning agency,”
1006 unless the agency is otherwise established by law.
1007 Notwithstanding any special act to the contrary, all local
1008 planning agencies or equivalent agencies that first review
1009 rezoning and comprehensive plan amendments in each municipality
1010 and county shall include a representative of the school district
1011 appointed by the school board as a nonvoting member of the local
1012 planning agency or equivalent agency to attend those meetings at
1013 which the agency considers comprehensive plan amendments and
1014 rezonings that would, if approved, increase residential density
1015 on the property that is the subject of the application. However,
1016 this subsection does not prevent the governing body of the local
1017 government from granting voting status to the school board
1018 member. The governing body may designate itself as the local
1019 planning agency pursuant to this subsection with the addition of
1020 a nonvoting school board representative. The governing body
1021 shall notify the state land planning agency of the establishment
1022 of its local planning agency. All local planning agencies shall
1023 provide opportunities for involvement by applicable community
1024 college boards, which may be accomplished by formal
1025 representation, membership on technical advisory committees, or
1026 other appropriate means. The local planning agency shall prepare
1027 the comprehensive plan or plan amendment after hearings to be
1028 held after public notice and shall make recommendations to the
1029 governing body regarding the adoption or amendment of the plan.
1030 The agency may be a local planning commission, the planning
1031 department of the local government, or other instrumentality,
1032 including a countywide planning entity established by special
1033 act or a council of local government officials created pursuant
1034 to s. 163.02, provided the composition of the council is fairly
1035 representative of all the governing bodies in the county or
1036 planning area; however:
1037 (a) If a joint planning entity is in existence on the
1038 effective date of this act which authorizes the governing bodies
1039 to adopt and enforce a land use plan effective throughout the
1040 joint planning area, that entity shall be the agency for those
1041 local governments until such time as the authority of the joint
1042 planning entity is modified by law.
1043 (b) In the case of chartered counties, the planning
1044 responsibility between the county and the several municipalities
1045 therein shall be as stipulated in the charter.
1046 Section 11. Subsections (6) and (9) of section 163.3175,
1047 Florida Statutes, are amended to read:
1048 163.3175 Legislative findings on compatibility of
1049 development with military installations; exchange of information
1050 between local governments and military installations.—
1051 (6) The affected local government shall take into
1052 consideration any comments provided by the commanding officer or
1053 his or her designee pursuant to subsection (4) and must also be
1054 sensitive to private property rights and not be unduly
1055 restrictive on those rights. The affected local government shall
1056 forward a copy of any comments regarding comprehensive plan
1057 amendments to the state land planning agency.
1058 (9) If a local government, as required under s.
1059 163.3177(6)(a), does not adopt criteria and address
1060 compatibility of lands adjacent to or closely proximate to
1061 existing military installations in its future land use plan
1062 element by June 30, 2012, the local government, the military
1063 installation, the state land planning agency, and other parties
1064 as identified by the regional planning council, including, but
1065 not limited to, private landowner representatives, shall enter
1066 into mediation conducted pursuant to s. 186.509. If the local
1067 government comprehensive plan does not contain criteria
1068 addressing compatibility by December 31, 2013, the agency may
1069 notify the Administration Commission. The Administration
1070 Commission may impose sanctions pursuant to s. 163.3184(11). Any
1071 local government that amended its comprehensive plan to address
1072 military installation compatibility requirements after 2004 and
1073 was found in compliance, is deemed in compliance with the
1074 provisions of this subsection until the local government
1075 conducts its evaluation and appraisal review pursuant to s.
1076 163.3191 and determines that amendments are necessary to meet
1077 updated statutory requirements.
1078 Section 12. Section 163.3177, Florida Statutes, is amended
1079 to read:
1080 163.3177 Required and optional elements of comprehensive
1081 plan; studies and surveys.—
1082 (1) The comprehensive plan shall provide the consist of
1083 materials in such descriptive form, written or graphic, as may
1084 be appropriate to the prescription of principles, guidelines,
1085 and standards, and strategies for the orderly and balanced
1086 future economic, social, physical, environmental, and fiscal
1087 development of the area that reflects community commitments to
1088 implement the plan and its elements. These principles and
1089 strategies shall guide future decisions in a consistent manner
1090 and shall contain programs and activities to ensure
1091 comprehensive plans are implemented. The sections of the
1092 comprehensive plan containing the principles and strategies,
1093 generally provided as goals, objectives, and policies, shall
1094 describe how the local government’s programs, activities, and
1095 land development regulations will be initiated, modified, or
1096 continued to implement the comprehensive plan in a consistent
1097 manner. It is not the intent of this part to require the
1098 inclusion of implementing regulations in the comprehensive plan
1099 but rather to require identification of those programs,
1100 activities, and land development regulations that will be part
1101 of the strategy for implementing the comprehensive plan and the
1102 principles that describe how the programs, activities, and land
1103 development regulations will be carried out. The plan shall
1104 establish meaningful and predictable standards for the use and
1105 development of land and provide meaningful guidelines for the
1106 content of more detailed land development and use regulations.
1107 (a) The comprehensive plan shall consist of elements as
1108 described in this section, and may include optional elements.
1109 (b) A local government may include, as part of its adopted
1110 plan, documents adopted by reference but not incorporated
1111 verbatim into the plan. The adoption by reference must identify
1112 the title and author of the document and indicate clearly what
1113 provisions and edition of the document is being adopted.
1114 (c) The format of these principles and guidelines is at the
1115 discretion of the local government, but typically is expressed
1116 in goals, objectives, policies, and strategies.
1117 (d) Proposed elements shall identify procedures for
1118 monitoring, evaluating, and appraising implementation of the
1119 plan.
1120 (e) When a federal, state, or regional agency has
1121 implemented a regulatory program, a local government is not
1122 required to duplicate or exceed that regulatory program in its
1123 local comprehensive plan.
1124 (f) All mandatory and optional elements of the
1125 comprehensive plan and plan amendments shall be based upon a
1126 justification by the local government that may include, but not
1127 be limited to, surveys, studies, community goals and vision, and
1128 other data available at the time of adoption of the
1129 comprehensive plan or plan amendment. To be based on data means
1130 to react to it in an appropriate way and to the extent necessary
1131 indicated by the data available on that particular subject at
1132 the time of adoption of the plan or plan amendment at issue.
1133 1. Surveys, studies, and data utilized in the preparation
1134 of the comprehensive plan shall not be deemed a part of the
1135 comprehensive plan unless adopted as a part of it. Copies of
1136 such studies, surveys, data, and supporting documents shall be
1137 made available for public inspection, and copies of such plans
1138 shall be made available to the public upon payment of reasonable
1139 charges for reproduction. Support data or summaries shall not be
1140 subject to the compliance review process, but the comprehensive
1141 plan must be clearly based on appropriate data. Support data or
1142 summaries may be used to aid in the determination of compliance
1143 and consistency.
1144 2. Data must be taken from professionally accepted sources.
1145 The application of a methodology utilized in data collection or
1146 whether a particular methodology is professionally accepted may
1147 be evaluated. However, the evaluation shall not include whether
1148 one accepted methodology is better than another. Original data
1149 collection by local governments is not required. However, local
1150 governments may use original data so long as methodologies are
1151 professionally accepted.
1152 3. The comprehensive plan shall be based upon resident and
1153 seasonal population estimates and projections, which shall
1154 either be those provided by the Office of Economic and
1155 Demographic Research or generated by the local government based
1156 upon a professionally acceptable methodology. The plan must be
1157 based on at least the minimum amount of land required to
1158 accommodate the medium projections of the Office of Economic and
1159 Demographic Research unless otherwise limited under s. 380.05
1160 including related rules of the Administration Commission.
1161 (2) Coordination of the several elements of the local
1162 comprehensive plan shall be a major objective of the planning
1163 process. The several elements of the comprehensive plan shall be
1164 consistent. Where data is relevant to several elements,
1165 consistent data shall be used, including population estimates
1166 and projections unless alternative data can be justified for a
1167 plan amendment through new supporting data and analysis. Each
1168 map depicting future conditions must reflect the principles,
1169 guidelines, and standards within all elements and each such map
1170 must be contained within the comprehensive plan, and the
1171 comprehensive plan shall be financially feasible. Financial
1172 feasibility shall be determined using professionally accepted
1173 methodologies and applies to the 5-year planning period, except
1174 in the case of a long-term transportation or school concurrency
1175 management system, in which case a 10-year or 15-year period
1176 applies.
1177 (3)(a) The comprehensive plan shall contain a capital
1178 improvements element designed to consider the need for and the
1179 location of public facilities in order to encourage the
1180 efficient use of such facilities and set forth:
1181 1. A component that outlines principles for construction,
1182 extension, or increase in capacity of public facilities, as well
1183 as a component that outlines principles for correcting existing
1184 public facility deficiencies, which are necessary to implement
1185 the comprehensive plan. The components shall cover at least a 5
1186 year period.
1187 2. Estimated public facility costs, including a delineation
1188 of when facilities will be needed, the general location of the
1189 facilities, and projected revenue sources to fund the
1190 facilities.
1191 3. Standards to ensure the availability of public
1192 facilities and the adequacy of those facilities including
1193 acceptable levels of service.
1194 4. Standards for the management of debt.
1195 4.5. A schedule of capital improvements which includes any
1196 publicly funded projects of federal, state, or local government,
1197 and which may include privately funded projects for which the
1198 local government has no fiscal responsibility. Projects,
1199 necessary to ensure that any adopted level-of-service standards
1200 are achieved and maintained for the 5-year period must be
1201 identified as either funded or unfunded and given a level of
1202 priority for funding. For capital improvements that will be
1203 funded by the developer, financial feasibility shall be
1204 demonstrated by being guaranteed in an enforceable development
1205 agreement or interlocal agreement pursuant to paragraph (10)(h),
1206 or other enforceable agreement. These development agreements and
1207 interlocal agreements shall be reflected in the schedule of
1208 capital improvements if the capital improvement is necessary to
1209 serve development within the 5-year schedule. If the local
1210 government uses planned revenue sources that require referenda
1211 or other actions to secure the revenue source, the plan must, in
1212 the event the referenda are not passed or actions do not secure
1213 the planned revenue source, identify other existing revenue
1214 sources that will be used to fund the capital projects or
1215 otherwise amend the plan to ensure financial feasibility.
1216 5.6. The schedule must include transportation improvements
1217 included in the applicable metropolitan planning organization’s
1218 transportation improvement program adopted pursuant to s.
1219 339.175(8) to the extent that such improvements are relied upon
1220 to ensure concurrency or implementation of a mobility plan as
1221 defined in s. 163.3164 and financial feasibility. The schedule
1222 must also be coordinated with the applicable metropolitan
1223 planning organization’s long-range transportation plan adopted
1224 pursuant to s. 339.175(7).
1225 (b)1. The capital improvements element must be reviewed by
1226 the local government on an annual basis. Modifications and
1227 modified as necessary in accordance with s. 163.3187 or s.
1228 163.3189 in order to update the maintain a financially feasible
1229 5-year capital improvement schedule of capital improvements.
1230 Corrections and modifications concerning costs; revenue sources;
1231 or acceptance of facilities pursuant to dedications which are
1232 consistent with the plan may be accomplished by ordinance and
1233 shall not be deemed to be amendments to the local comprehensive
1234 plan. A copy of the ordinance shall be transmitted to the state
1235 land planning agency. An amendment to the comprehensive plan is
1236 required to update the schedule on an annual basis or to
1237 eliminate, defer, or delay the construction for any facility
1238 listed in the 5-year schedule. All public facilities must be
1239 consistent with the capital improvements element. The annual
1240 update to the capital improvements element of the comprehensive
1241 plan need not comply with the financial feasibility requirement
1242 until December 1, 2011. Thereafter, a local government may not
1243 amend its future land use map, except for plan amendments to
1244 meet new requirements under this part and emergency amendments
1245 pursuant to s. 163.3187(1)(a), after December 1, 2011, and every
1246 year thereafter, unless and until the local government has
1247 adopted the annual update and it has been transmitted to the
1248 state land planning agency.
1249 2. Capital improvements element amendments adopted after
1250 the effective date of this act shall require only a single
1251 public hearing before the governing board which shall be an
1252 adoption hearing as described in s. 163.3184(7). Such amendments
1253 are not subject to the requirements of s. 163.3184(3)-(6).
1254 (c) If the local government does not adopt the required
1255 annual update to the schedule of capital improvements, the state
1256 land planning agency must notify the Administration Commission.
1257 A local government that has a demonstrated lack of commitment to
1258 meeting its obligations identified in the capital improvements
1259 element may be subject to sanctions by the Administration
1260 Commission pursuant to s. 163.3184(11).
1261 (d) If a local government adopts a long-term concurrency
1262 management system pursuant to s. 163.3180(9), it must also adopt
1263 a long-term capital improvements schedule covering up to a 10
1264 year or 15-year period, and must update the long-term schedule
1265 annually. The long-term schedule of capital improvements must be
1266 financially feasible.
1267 (e) At the discretion of the local government and
1268 notwithstanding the requirements of this subsection, a
1269 comprehensive plan, as revised by an amendment to the plan’s
1270 future land use map, shall be deemed to be financially feasible
1271 and to have achieved and maintained level-of-service standards
1272 as required by this section with respect to transportation
1273 facilities if the amendment to the future land use map is
1274 supported by a:
1275 1. Condition in a development order for a development of
1276 regional impact or binding agreement that addresses
1277 proportionate-share mitigation consistent with s. 163.3180(12);
1278 or
1279 2. Binding agreement addressing proportionate fair-share
1280 mitigation consistent with s. 163.3180(16)(f) and the property
1281 subject to the amendment to the future land use map is located
1282 within an area designated in a comprehensive plan for urban
1283 infill, urban redevelopment, downtown revitalization, urban
1284 infill and redevelopment, or an urban service area. The binding
1285 agreement must be based on the maximum amount of development
1286 identified by the future land use map amendment or as may be
1287 otherwise restricted through a special area plan policy or map
1288 notation in the comprehensive plan.
1289 (f) A local government’s comprehensive plan and plan
1290 amendments for land uses within all transportation concurrency
1291 exception areas that are designated and maintained in accordance
1292 with s. 163.3180(5) shall be deemed to meet the requirement to
1293 achieve and maintain level-of-service standards for
1294 transportation.
1295 (4)(a) Coordination of the local comprehensive plan with
1296 the comprehensive plans of adjacent municipalities, the county,
1297 adjacent counties, or the region; with the appropriate water
1298 management district’s regional water supply plans approved
1299 pursuant to s. 373.709; and with adopted rules pertaining to
1300 designated areas of critical state concern; and with the state
1301 comprehensive plan shall be a major objective of the local
1302 comprehensive planning process. To that end, in the preparation
1303 of a comprehensive plan or element thereof, and in the
1304 comprehensive plan or element as adopted, the governing body
1305 shall include a specific policy statement indicating the
1306 relationship of the proposed development of the area to the
1307 comprehensive plans of adjacent municipalities, the county,
1308 adjacent counties, or the region and to the state comprehensive
1309 plan, as the case may require and as such adopted plans or plans
1310 in preparation may exist.
1311 (b) When all or a portion of the land in a local government
1312 jurisdiction is or becomes part of a designated area of critical
1313 state concern, the local government shall clearly identify those
1314 portions of the local comprehensive plan that shall be
1315 applicable to the critical area and shall indicate the
1316 relationship of the proposed development of the area to the
1317 rules for the area of critical state concern.
1318 (5)(a) Each local government comprehensive plan must
1319 include at least two planning periods, one covering at least the
1320 first 5-year period occurring after the plan’s adoption and one
1321 covering at least a 10-year period. Additional planning periods
1322 for specific components, elements, land use amendments, or
1323 projects shall be permissible and accepted as part of the
1324 planning process.
1325 (b) The comprehensive plan and its elements shall contain
1326 guidelines or policies policy recommendations for the
1327 implementation of the plan and its elements.
1328 (6) In addition to the requirements of subsections (1)-(5)
1329 and (12), the comprehensive plan shall include the following
1330 elements:
1331 (a) A future land use plan element designating proposed
1332 future general distribution, location, and extent of the uses of
1333 land for residential uses, commercial uses, industry,
1334 agriculture, recreation, conservation, education, public
1335 buildings and grounds, other public facilities, and other
1336 categories of the public and private uses of land. The
1337 approximate acreage and the general range of density or
1338 intensity of use shall be provided for the gross land area
1339 included in each existing land use category. The element shall
1340 establish the long-term end toward which land use programs and
1341 activities are ultimately directed. Counties are encouraged to
1342 designate rural land stewardship areas, pursuant to paragraph
1343 (11)(d), as overlays on the future land use map.
1344 1. Each future land use category must be defined in terms
1345 of uses included, and must include standards to be followed in
1346 the control and distribution of population densities and
1347 building and structure intensities. The proposed distribution,
1348 location, and extent of the various categories of land use shall
1349 be shown on a land use map or map series which shall be
1350 supplemented by goals, policies, and measurable objectives.
1351 2. The future land use plan and plan amendments shall be
1352 based upon surveys, studies, and data regarding the area, as
1353 applicable, including:
1354 a. The amount of land required to accommodate anticipated
1355 growth.;
1356 b. The projected residential and seasonal population of the
1357 area.;
1358 c. The character of undeveloped land.;
1359 d. The availability of water supplies, public facilities,
1360 and services.;
1361 e. The need for redevelopment, including the renewal of
1362 blighted areas and the elimination of nonconforming uses which
1363 are inconsistent with the character of the community.;
1364 f. The compatibility of uses on lands adjacent to or
1365 closely proximate to military installations.;
1366 g. The compatibility of uses on lands adjacent to an
1367 airport as defined in s. 330.35 and consistent with s. 333.02.;
1368 h. The discouragement of urban sprawl.; energy-efficient
1369 land use patterns accounting for existing and future electric
1370 power generation and transmission systems; greenhouse gas
1371 reduction strategies; and, in rural communities,
1372 i. The need for job creation, capital investment, and
1373 economic development that will strengthen and diversify the
1374 community’s economy.
1375 j. The need to modify land uses and development patterns
1376 within antiquated subdivisions. The future land use plan may
1377 designate areas for future planned development use involving
1378 combinations of types of uses for which special regulations may
1379 be necessary to ensure development in accord with the principles
1380 and standards of the comprehensive plan and this act.
1381 3. The future land use plan element shall include criteria
1382 to be used to:
1383 a. Achieve the compatibility of lands adjacent or closely
1384 proximate to military installations, considering factors
1385 identified in s. 163.3175(5)., and
1386 b. Achieve the compatibility of lands adjacent to an
1387 airport as defined in s. 330.35 and consistent with s. 333.02.
1388 c. Encourage preservation of recreational and commercial
1389 working waterfronts for water dependent uses in coastal
1390 communities.
1391 d. Encourage the location of schools proximate to urban
1392 residential areas to the extent possible.
1393 e. Coordinate future land uses with the topography and soil
1394 conditions, and the availability of facilities and services.
1395 f. Ensure the protection of natural and historic resources.
1396 g. Provide for the compatibility of adjacent land uses.
1397 h. Provide guidelines for the implementation of mixed use
1398 development including the types of uses allowed, the percentage
1399 distribution among the mix of uses, or other standards, and the
1400 density and intensity of each use.
1401 4. In addition, for rural communities, The amount of land
1402 designated for future planned uses industrial use shall provide
1403 a balance of uses that foster vibrant, viable communities and
1404 economic development opportunities and address outdated
1405 development patterns, such as antiquated subdivisions. The
1406 amount of land designated for future land uses should allow the
1407 operation of real estate markets to provide adequate choices for
1408 permanent and seasonal residents and business and be based upon
1409 surveys and studies that reflect the need for job creation,
1410 capital investment, and the necessity to strengthen and
1411 diversify the local economies, and may not be limited solely by
1412 the projected population of the rural community. The element
1413 shall accommodate at least the minimum amount of land required
1414 to accommodate the medium projections of the Office of Economic
1415 and Demographic Research at least a 10-year planning period
1416 unless otherwise limited under s. 380.05 including related rules
1417 of the Administration Commission.
1418 5. The future land use plan of a county may also designate
1419 areas for possible future municipal incorporation.
1420 6. The land use maps or map series shall generally identify
1421 and depict historic district boundaries and shall designate
1422 historically significant properties meriting protection. For
1423 coastal counties, the future land use element must include,
1424 without limitation, regulatory incentives and criteria that
1425 encourage the preservation of recreational and commercial
1426 working waterfronts as defined in s. 342.07.
1427 7. The future land use element must clearly identify the
1428 land use categories in which public schools are an allowable
1429 use. When delineating the land use categories in which public
1430 schools are an allowable use, a local government shall include
1431 in the categories sufficient land proximate to residential
1432 development to meet the projected needs for schools in
1433 coordination with public school boards and may establish
1434 differing criteria for schools of different type or size. Each
1435 local government shall include lands contiguous to existing
1436 school sites, to the maximum extent possible, within the land
1437 use categories in which public schools are an allowable use. The
1438 failure by a local government to comply with these school siting
1439 requirements will result in the prohibition of the local
1440 government’s ability to amend the local comprehensive plan,
1441 except for plan amendments described in s. 163.3187(1)(b), until
1442 the school siting requirements are met. Amendments proposed by a
1443 local government for purposes of identifying the land use
1444 categories in which public schools are an allowable use are
1445 exempt from the limitation on the frequency of plan amendments
1446 contained in s. 163.3187. The future land use element shall
1447 include criteria that encourage the location of schools
1448 proximate to urban residential areas to the extent possible and
1449 shall require that the local government seek to collocate public
1450 facilities, such as parks, libraries, and community centers,
1451 with schools to the extent possible and to encourage the use of
1452 elementary schools as focal points for neighborhoods. For
1453 schools serving predominantly rural counties, defined as a
1454 county with a population of 100,000 or fewer, an agricultural
1455 land use category is eligible for the location of public school
1456 facilities if the local comprehensive plan contains school
1457 siting criteria and the location is consistent with such
1458 criteria.
1459 8. Future land use map amendments shall be based upon the
1460 following analyses:
1461 a. An analysis of the availability of facilities and
1462 services.
1463 b. An analysis of the suitability of the plan amendment for
1464 its proposed use considering the character of the undeveloped
1465 land, soils, topography, natural resources, and historic
1466 resources on site.
1467 c. An analysis of the minimum amount of land needed as
1468 determined by the local government.
1469 9. The future land use element and any amendment to the
1470 future land use element shall discourage the proliferation of
1471 urban sprawl.
1472 a. The primary indicators that a plan or plan amendment
1473 does not discourage the proliferation of urban sprawl are listed
1474 below. The evaluation of the presence of these indicators shall
1475 consist of an analysis of the plan or plan amendment within the
1476 context of features and characteristics unique to each locality
1477 in order to determine whether the plan or plan amendment:
1478 (I) Promotes, allows, or designates for development
1479 substantial areas of the jurisdiction to develop as low
1480 intensity, low-density, or single-use development or uses.
1481 (II) Promotes, allows, or designates significant amounts of
1482 urban development to occur in rural areas at substantial
1483 distances from existing urban areas while not using undeveloped
1484 lands that are available and suitable for development.
1485 (III) Promotes, allows, or designates urban development in
1486 radial, strip, isolated, or ribbon patterns generally emanating
1487 from existing urban developments.
1488 (IV) Fails to adequately protect and conserve natural
1489 resources, such as wetlands, floodplains, native vegetation,
1490 environmentally sensitive areas, natural groundwater aquifer
1491 recharge areas, lakes, rivers, shorelines, beaches, bays,
1492 estuarine systems, and other significant natural systems.
1493 (V) Fails to adequately protect adjacent agricultural areas
1494 and activities, including silviculture, active agricultural and
1495 silvicultural activities, passive agricultural activities, and
1496 dormant, unique, and prime farmlands and soils.
1497 (VI) Fails to maximize use of existing public facilities
1498 and services.
1499 (VII) Fails to maximize use of future public facilities and
1500 services.
1501 (VIII) Allows for land use patterns or timing which
1502 disproportionately increase the cost in time, money, and energy
1503 of providing and maintaining facilities and services, including
1504 roads, potable water, sanitary sewer, stormwater management, law
1505 enforcement, education, health care, fire and emergency
1506 response, and general government.
1507 (IX) Fails to provide a clear separation between rural and
1508 urban uses.
1509 (X) Discourages or inhibits infill development or the
1510 redevelopment of existing neighborhoods and communities.
1511 (XI) Fails to encourage a functional mix of uses.
1512 (XII) Results in poor accessibility among linked or related
1513 land uses.
1514 (XIII) Results in the loss of significant amounts of
1515 functional open space.
1516 b. The future land use element or plan amendment shall be
1517 determined to discourage the proliferation of urban sprawl if it
1518 incorporates a development pattern or urban form that achieves
1519 four or more of the following:
1520 (I) Directs or locates economic growth and associated land
1521 development to geographic areas of the community in a manner
1522 that does not have an adverse impact on and protects natural
1523 resources and ecosystems.
1524 (II) Promotes the efficient and cost-effective provision or
1525 extension of public infrastructure and services.
1526 (III) Promotes walkable and connected communities and
1527 provides for compact development and a mix of uses at densities
1528 and intensities that will support a range of housing choices and
1529 a multimodal transportation system, including pedestrian,
1530 bicycle, and transit, if available.
1531 (IV) Promotes conservation of water and energy.
1532 (V) Preserves agricultural areas and activities, including
1533 silviculture, and dormant, unique, and prime farmlands and
1534 soils.
1535 (VI) Preserves open space and natural lands and provides
1536 for public open space and recreation needs.
1537 (VII) Creates a balance of land uses based upon demands of
1538 residential population for the nonresidential needs of an area.
1539 (VIII) Provides uses, densities, and intensities of use and
1540 urban form that would remediate an existing or planned
1541 development pattern in the vicinity that constitutes sprawl or
1542 if it provides for an innovative development pattern such as
1543 transit-oriented developments or new towns as defined in s.
1544 163.3164.
1545 10. The future land use element shall include a future land
1546 use map or map series.
1547 a. The proposed distribution, extent, and location of the
1548 following uses shall be shown on the future land use map or map
1549 series:
1550 (I) Residential.
1551 (II) Commercial.
1552 (III) Industrial.
1553 (IV) Agricultural.
1554 (V) Recreational.
1555 (VI) Conservation.
1556 (VII) Educational.
1557 (VIII) Public.
1558 b. The following areas shall also be shown on the future
1559 land use map or map series, if applicable:
1560 (I) Historic district boundaries and designated
1561 historically significant properties.
1562 (II) Transportation concurrency management area boundaries
1563 or transportation concurrency exception area boundaries.
1564 (III) Multimodal transportation district boundaries.
1565 (IV) Mixed use categories.
1566 c. The following natural resources or conditions shall be
1567 shown on the future land use map or map series, if applicable:
1568 (I) Existing and planned public potable waterwells, cones
1569 of influence, and wellhead protection areas.
1570 (II) Beaches and shores, including estuarine systems.
1571 (III) Rivers, bays, lakes, floodplains, and harbors.
1572 (IV) Wetlands.
1573 (V) Minerals and soils.
1574 (VI) Coastal high-hazard areas.
1575 11. Local governments required to update or amend their
1576 comprehensive plan to include criteria and address compatibility
1577 of lands adjacent or closely proximate to existing military
1578 installations, or lands adjacent to an airport as defined in s.
1579 330.35 and consistent with s. 333.02, in their future land use
1580 plan element shall transmit the update or amendment to the state
1581 land planning agency by June 30, 2012.
1582 (b)1. A transportation element addressing mobility issues
1583 in relationship to the size and character of the local
1584 government. The purpose of the transportation element shall be
1585 to plan for a multimodal transportation system that places
1586 emphasis on public transportation systems, where feasible. The
1587 element shall provide for a safe, convenient multimodal
1588 transportation system, coordinated with the future land use map
1589 or map series and designed to support all elements of the
1590 comprehensive plan. A local government that has all or part of
1591 its jurisdiction included within the metropolitan planning area
1592 of a metropolitan planning organization (M.P.O.) pursuant to s.
1593 339.175 shall prepare and adopt a transportation element
1594 consistent with this subsection. Local governments that are not
1595 located within the metropolitan planning area of an M.P.O. shall
1596 address traffic circulation, mass transit, and ports, and
1597 aviation and related facilities consistent with this subsection,
1598 except that local governments with a population of 50,000 or
1599 less shall only be required to address transportation
1600 circulation. The element shall be coordinated with the plans and
1601 programs of any applicable metropolitan planning organization,
1602 transportation authority, Florida Transportation Plan, and
1603 Department of Transportation’s adopted work program. The
1604 transportation element shall address
1605 (b) A traffic circulation, including element consisting of
1606 the types, locations, and extent of existing and proposed major
1607 thoroughfares and transportation routes, including bicycle and
1608 pedestrian ways. Transportation corridors, as defined in s.
1609 334.03, may be designated in the transportation traffic
1610 circulation element pursuant to s. 337.273. If the
1611 transportation corridors are designated, the local government
1612 may adopt a transportation corridor management ordinance. The
1613 element shall reflect the data, analysis, and associated
1614 principles and strategies relating to:
1615 a. The existing transportation system levels of service and
1616 system needs and the availability of transportation facilities
1617 and services.
1618 b. The growth trends and travel patterns and interactions
1619 between land use and transportation.
1620 c. Existing and projected intermodal deficiencies and
1621 needs.
1622 d. The projected transportation system levels of service
1623 and system needs based upon the future land use map and the
1624 projected integrated transportation system.
1625 e. How the local government will correct existing facility
1626 deficiencies, meet the identified needs of the projected
1627 transportation system, and advance the purpose of this paragraph
1628 and the other elements of the comprehensive plan.
1629 2. Local governments within a metropolitan planning area
1630 designated as an M.P.O. pursuant to s. 339.175 shall also
1631 address:
1632 a. All alternative modes of travel, such as public
1633 transportation, pedestrian, and bicycle travel.
1634 b. Aviation, rail, seaport facilities, access to those
1635 facilities, and intermodal terminals.
1636 c. The capability to evacuate the coastal population before
1637 an impending natural disaster.
1638 d. Airports, projected airport and aviation development,
1639 and land use compatibility around airports, which includes areas
1640 defined in ss. 333.01 and 333.02.
1641 e. An identification of land use densities, building
1642 intensities, and transportation management programs to promote
1643 public transportation systems in designated public
1644 transportation corridors so as to encourage population densities
1645 sufficient to support such systems.
1646 3. Mass-transit provisions showing proposed methods for the
1647 moving of people, rights-of-way, terminals, and related
1648 facilities shall address:
1649 a. The provision of efficient public transit services based
1650 upon existing and proposed major trip generators and attractors,
1651 safe and convenient public transit terminals, land uses, and
1652 accommodation of the special needs of the transportation
1653 disadvantaged.
1654 b. Plans for port, aviation, and related facilities
1655 coordinated with the general circulation and transportation
1656 element.
1657 c. Plans for the circulation of recreational traffic,
1658 including bicycle facilities, exercise trails, riding
1659 facilities, and such other matters as may be related to the
1660 improvement and safety of movement of all types of recreational
1661 traffic.
1662 4. An airport master plan, and any subsequent amendments to
1663 the airport master plan, prepared by a licensed publicly owned
1664 and operated airport under s. 333.06 may be incorporated into
1665 the local government comprehensive plan by the local government
1666 having jurisdiction under this act for the area in which the
1667 airport or projected airport development is located by the
1668 adoption of a comprehensive plan amendment. In the amendment to
1669 the local comprehensive plan that integrates the airport master
1670 plan, the comprehensive plan amendment shall address land use
1671 compatibility consistent with chapter 333 regarding airport
1672 zoning; the provision of regional transportation facilities for
1673 the efficient use and operation of the transportation system and
1674 airport; consistency with the local government transportation
1675 circulation element and applicable M.P.O. long-range
1676 transportation plans; the execution of any necessary interlocal
1677 agreements for the purposes of the provision of public
1678 facilities and services to maintain the adopted level-of-service
1679 standards for facilities subject to concurrency; and may address
1680 airport-related or aviation-related development. Development or
1681 expansion of an airport consistent with the adopted airport
1682 master plan that has been incorporated into the local
1683 comprehensive plan in compliance with this part, and airport
1684 related or aviation-related development that has been addressed
1685 in the comprehensive plan amendment that incorporates the
1686 airport master plan, shall not be a development of regional
1687 impact. Notwithstanding any other general law, an airport that
1688 has received a development-of-regional-impact development order
1689 pursuant to s. 380.06, but which is no longer required to
1690 undergo development-of-regional-impact review pursuant to this
1691 subsection, may rescind its development-of-regional-impact order
1692 upon written notification to the applicable local government.
1693 Upon receipt by the local government, the development-of
1694 regional-impact development order shall be deemed rescinded.
1695 5. The transportation element shall include a map or map
1696 series showing the general location of the existing and proposed
1697 transportation system features and shall be coordinated with the
1698 future land use map or map series. The traffic circulation
1699 element shall incorporate transportation strategies to address
1700 reduction in greenhouse gas emissions from the transportation
1701 sector.
1702 (c) A general sanitary sewer, solid waste, drainage,
1703 potable water, and natural groundwater aquifer recharge element
1704 correlated to principles and guidelines for future land use,
1705 indicating ways to provide for future potable water, drainage,
1706 sanitary sewer, solid waste, and aquifer recharge protection
1707 requirements for the area. The element may be a detailed
1708 engineering plan including a topographic map depicting areas of
1709 prime groundwater recharge.
1710 1. Each local government shall address in the data and
1711 analyses required by this section those facilities that provide
1712 service within the local government’s jurisdiction. Local
1713 governments that provide facilities to serve areas within other
1714 local government jurisdictions shall also address those
1715 facilities in the data and analyses required by this section,
1716 using data from the comprehensive plan for those areas for the
1717 purpose of projecting facility needs as required in this
1718 subsection. For shared facilities, each local government shall
1719 indicate the proportional capacity of the systems allocated to
1720 serve its jurisdiction.
1721 2. The element shall describe the problems and needs and
1722 the general facilities that will be required for solution of the
1723 problems and needs, including correcting existing facility
1724 deficiencies. The element shall address coordinating the
1725 extension of, or increase in the capacity of, facilities to meet
1726 future needs while maximizing the use of existing facilities and
1727 discouraging urban sprawl; conservation of potable water
1728 resources; and protecting the functions of natural groundwater
1729 recharge areas and natural drainage features. The element shall
1730 also include a topographic map depicting any areas adopted by a
1731 regional water management district as prime groundwater recharge
1732 areas for the Floridan or Biscayne aquifers. These areas shall
1733 be given special consideration when the local government is
1734 engaged in zoning or considering future land use for said
1735 designated areas. For areas served by septic tanks, soil surveys
1736 shall be provided which indicate the suitability of soils for
1737 septic tanks.
1738 3. Within 18 months after the governing board approves an
1739 updated regional water supply plan, the element must incorporate
1740 the alternative water supply project or projects selected by the
1741 local government from those identified in the regional water
1742 supply plan pursuant to s. 373.709(2)(a) or proposed by the
1743 local government under s. 373.709(8)(b). If a local government
1744 is located within two water management districts, the local
1745 government shall adopt its comprehensive plan amendment within
1746 18 months after the later updated regional water supply plan.
1747 The element must identify such alternative water supply projects
1748 and traditional water supply projects and conservation and reuse
1749 necessary to meet the water needs identified in s. 373.709(2)(a)
1750 within the local government’s jurisdiction and include a work
1751 plan, covering at least a 10-year planning period, for building
1752 public, private, and regional water supply facilities, including
1753 development of alternative water supplies, which are identified
1754 in the element as necessary to serve existing and new
1755 development. The work plan shall be updated, at a minimum, every
1756 5 years within 18 months after the governing board of a water
1757 management district approves an updated regional water supply
1758 plan. Amendments to incorporate the work plan do not count
1759 toward the limitation on the frequency of adoption of amendments
1760 to the comprehensive plan. Local governments, public and private
1761 utilities, regional water supply authorities, special districts,
1762 and water management districts are encouraged to cooperatively
1763 plan for the development of multijurisdictional water supply
1764 facilities that are sufficient to meet projected demands for
1765 established planning periods, including the development of
1766 alternative water sources to supplement traditional sources of
1767 groundwater and surface water supplies.
1768 (d) A conservation element for the conservation, use, and
1769 protection of natural resources in the area, including air,
1770 water, water recharge areas, wetlands, waterwells, estuarine
1771 marshes, soils, beaches, shores, flood plains, rivers, bays,
1772 lakes, harbors, forests, fisheries and wildlife, marine habitat,
1773 minerals, and other natural and environmental resources,
1774 including factors that affect energy conservation.
1775 1. The following natural resources, where present within
1776 the local government’s boundaries, shall be identified and
1777 analyzed and existing recreational or conservation uses, known
1778 pollution problems, including hazardous wastes, and the
1779 potential for conservation, recreation, use, or protection shall
1780 also be identified:
1781 a. Rivers, bays, lakes, wetlands including estuarine
1782 marshes, groundwaters, and springs, including information on
1783 quality of the resource available.
1784 b. Floodplains.
1785 c. Known sources of commercially valuable minerals.
1786 d. Areas known to have experienced soil erosion problems.
1787 e. Areas that are the location of recreationally and
1788 commercially important fish or shellfish, wildlife, marine
1789 habitats, and vegetative communities, including forests,
1790 indicating known dominant species present and species listed by
1791 federal, state, or local government agencies as endangered,
1792 threatened, or species of special concern.
1793 2. The element must contain principles, guidelines, and
1794 standards for conservation that provide long-term goals and
1795 which:
1796 a. Protects air quality.
1797 b. Conserves, appropriately uses, and protects the quality
1798 and quantity of current and projected water sources and waters
1799 that flow into estuarine waters or oceanic waters and protect
1800 from activities and land uses known to affect adversely the
1801 quality and quantity of identified water sources, including
1802 natural groundwater recharge areas, wellhead protection areas,
1803 and surface waters used as a source of public water supply.
1804 c. Provides for the emergency conservation of water sources
1805 in accordance with the plans of the regional water management
1806 district.
1807 d. Conserves, appropriately uses, and protects minerals,
1808 soils, and native vegetative communities, including forests,
1809 from destruction by development activities.
1810 e. Conserves, appropriately uses, and protects fisheries,
1811 wildlife, wildlife habitat, and marine habitat and restricts
1812 activities known to adversely affect the survival of endangered
1813 and threatened wildlife.
1814 f. Protects existing natural reservations identified in the
1815 recreation and open space element.
1816 g. Maintains cooperation with adjacent local governments to
1817 conserve, appropriately use, or protect unique vegetative
1818 communities located within more than one local jurisdiction.
1819 h. Designates environmentally sensitive lands for
1820 protection based on locally determined criteria which further
1821 the goals and objectives of the conservation element.
1822 i. Manages hazardous waste to protect natural resources.
1823 j. Protects and conserves wetlands and the natural
1824 functions of wetlands.
1825 k. Directs future land uses that are incompatible with the
1826 protection and conservation of wetlands and wetland functions
1827 away from wetlands. The type, intensity or density, extent,
1828 distribution, and location of allowable land uses and the types,
1829 values, functions, sizes, conditions, and locations of wetlands
1830 are land use factors that shall be considered when directing
1831 incompatible land uses away from wetlands. Land uses shall be
1832 distributed in a manner that minimizes the effect and impact on
1833 wetlands. The protection and conservation of wetlands by the
1834 direction of incompatible land uses away from wetlands shall
1835 occur in combination with other principles, guidelines,
1836 standards, and strategies in the comprehensive plan. Where
1837 incompatible land uses are allowed to occur, mitigation shall be
1838 considered as one means to compensate for loss of wetlands
1839 functions.
1840 3. Local governments shall assess their Current and, as
1841 well as projected, water needs and sources for at least a 10
1842 year period based on the demands for industrial, agricultural,
1843 and potable water use and the quality and quantity of water
1844 available to meet these demands shall be analyzed. The analysis
1845 shall consider the existing levels of water conservation, use,
1846 and protection and applicable policies of the regional water
1847 management district and further must consider, considering the
1848 appropriate regional water supply plan approved pursuant to s.
1849 373.709, or, in the absence of an approved regional water supply
1850 plan, the district water management plan approved pursuant to s.
1851 373.036(2). This information shall be submitted to the
1852 appropriate agencies. The land use map or map series contained
1853 in the future land use element shall generally identify and
1854 depict the following:
1855 1. Existing and planned waterwells and cones of influence
1856 where applicable.
1857 2. Beaches and shores, including estuarine systems.
1858 3. Rivers, bays, lakes, flood plains, and harbors.
1859 4. Wetlands.
1860 5. Minerals and soils.
1861 6. Energy conservation.
1862
1863 The land uses identified on such maps shall be consistent with
1864 applicable state law and rules.
1865 (e) A recreation and open space element indicating a
1866 comprehensive system of public and private sites for recreation,
1867 including, but not limited to, natural reservations, parks and
1868 playgrounds, parkways, beaches and public access to beaches,
1869 open spaces, waterways, and other recreational facilities.
1870 (f)1. A housing element consisting of standards, plans, and
1871 principles, guidelines, standards, and strategies to be followed
1872 in:
1873 a. The provision of housing for all current and anticipated
1874 future residents of the jurisdiction.
1875 b. The elimination of substandard dwelling conditions.
1876 c. The structural and aesthetic improvement of existing
1877 housing.
1878 d. The provision of adequate sites for future housing,
1879 including affordable workforce housing as defined in s.
1880 380.0651(3)(j), housing for low-income, very low-income, and
1881 moderate-income families, mobile homes, and group home
1882 facilities and foster care facilities, with supporting
1883 infrastructure and public facilities.
1884 e. Provision for relocation housing and identification of
1885 historically significant and other housing for purposes of
1886 conservation, rehabilitation, or replacement.
1887 f. The formulation of housing implementation programs.
1888 g. The creation or preservation of affordable housing to
1889 minimize the need for additional local services and avoid the
1890 concentration of affordable housing units only in specific areas
1891 of the jurisdiction.
1892 h. Energy efficiency in the design and construction of new
1893 housing.
1894 i. Use of renewable energy resources.
1895 j. Each county in which the gap between the buying power of
1896 a family of four and the median county home sale price exceeds
1897 $170,000, as determined by the Florida Housing Finance
1898 Corporation, and which is not designated as an area of critical
1899 state concern shall adopt a plan for ensuring affordable
1900 workforce housing. At a minimum, the plan shall identify
1901 adequate sites for such housing. For purposes of this sub
1902 subparagraph, the term “workforce housing” means housing that is
1903 affordable to natural persons or families whose total household
1904 income does not exceed 140 percent of the area median income,
1905 adjusted for household size.
1906 k. As a precondition to receiving any state affordable
1907 housing funding or allocation for any project or program within
1908 the jurisdiction of a county that is subject to sub-subparagraph
1909 j., a county must, by July 1 of each year, provide certification
1910 that the county has complied with the requirements of sub
1911 subparagraph j.
1912 2. The principles, guidelines, standards, and strategies
1913 goals, objectives, and policies of the housing element must be
1914 based on the data and analysis prepared on housing needs,
1915 including an inventory taken from the latest decennial United
1916 States Census or more recent estimates, which shall include the
1917 number and distribution of dwelling units by type, tenure, age,
1918 rent, value, monthly cost of owner-occupied units, and rent or
1919 cost to income ratio, and shall show the number of dwelling
1920 units that are substandard. The inventory shall also include the
1921 methodology used to estimate the condition of housing, a
1922 projection of the anticipated number of households by size,
1923 income range, and age of residents derived from the population
1924 projections, and the minimum housing need of the current and
1925 anticipated future residents of the jurisdiction the affordable
1926 housing needs assessment.
1927 3. The housing element must express principles, guidelines,
1928 standards, and strategies that reflect, as needed, the creation
1929 and preservation of affordable housing for all current and
1930 anticipated future residents of the jurisdiction, elimination of
1931 substandard housing conditions, adequate sites, and distribution
1932 of housing for a range of incomes and types, including mobile
1933 and manufactured homes. The element must provide for specific
1934 programs and actions to partner with private and nonprofit
1935 sectors to address housing needs in the jurisdiction, streamline
1936 the permitting process, and minimize costs and delays for
1937 affordable housing, establish standards to address the quality
1938 of housing, stabilization of neighborhoods, and identification
1939 and improvement of historically significant housing.
1940 4. State and federal housing plans prepared on behalf of
1941 the local government must be consistent with the goals,
1942 objectives, and policies of the housing element. Local
1943 governments are encouraged to use job training, job creation,
1944 and economic solutions to address a portion of their affordable
1945 housing concerns.
1946 5. As part of this element, a local government that has a
1947 coastal management element in its comprehensive plan may develop
1948 an adaptation action area designation for those low-lying
1949 coastal zones that are experiencing coastal flooding due to
1950 extreme high tides and storm surge and are vulnerable to the
1951 impacts of rising sea level. Local governments that adopt an
1952 adaptation action area may consider policies within the coastal
1953 management element to improve resilience to coastal flooding
1954 resulting from high-tide events, storm surge, flash floods,
1955 stormwater runoff, and related impacts of sea level rise.
1956 Criteria for the adaptation action area may include, but need
1957 not be limited to, areas for which the land elevations are
1958 below, at, or near mean higher high water, which have an
1959 hydrologic connection to coastal waters, or which are designated
1960 as evacuation zones for storm surge.
1961 2. To assist local governments in housing data collection
1962 and analysis and assure uniform and consistent information
1963 regarding the state’s housing needs, the state land planning
1964 agency shall conduct an affordable housing needs assessment for
1965 all local jurisdictions on a schedule that coordinates the
1966 implementation of the needs assessment with the evaluation and
1967 appraisal reports required by s. 163.3191. Each local government
1968 shall utilize the data and analysis from the needs assessment as
1969 one basis for the housing element of its local comprehensive
1970 plan. The agency shall allow a local government the option to
1971 perform its own needs assessment, if it uses the methodology
1972 established by the agency by rule.
1973 (g)1. For those units of local government identified in s.
1974 380.24, a coastal management element, appropriately related to
1975 the particular requirements of paragraphs (d) and (e) and
1976 meeting the requirements of s. 163.3178(2) and (3). The coastal
1977 management element shall set forth the principles, guidelines,
1978 standards, and strategies policies that shall guide the local
1979 government’s decisions and program implementation with respect
1980 to the following objectives:
1981 1.a. Maintain, restore, and enhance Maintenance,
1982 restoration, and enhancement of the overall quality of the
1983 coastal zone environment, including, but not limited to, its
1984 amenities and aesthetic values.
1985 2.b. Preserve the continued existence of viable populations
1986 of all species of wildlife and marine life.
1987 3.c. Protect the orderly and balanced utilization and
1988 preservation, consistent with sound conservation principles, of
1989 all living and nonliving coastal zone resources.
1990 4.d. Avoid Avoidance of irreversible and irretrievable loss
1991 of coastal zone resources.
1992 5.e. Use ecological planning principles and assumptions to
1993 be used in the determination of the suitability and extent of
1994 permitted development.
1995 f. Proposed management and regulatory techniques.
1996 6.g. Limit Limitation of public expenditures that subsidize
1997 development in high-hazard coastal high-hazard areas.
1998 7.h. Protect Protection of human life against the effects
1999 of natural disasters.
2000 8.i. Direct the orderly development, maintenance, and use
2001 of ports identified in s. 403.021(9) to facilitate deepwater
2002 commercial navigation and other related activities.
2003 9.j. Preserve historic and archaeological resources, which
2004 include the Preservation, including sensitive adaptive use of
2005 these historic and archaeological resources.
2006 2. As part of this element, a local government that has a
2007 coastal management element in its comprehensive plan is
2008 encouraged to adopt recreational surface water use policies that
2009 include applicable criteria for and consider such factors as
2010 natural resources, manatee protection needs, protection of
2011 working waterfronts and public access to the water, and
2012 recreation and economic demands. Criteria for manatee protection
2013 in the recreational surface water use policies should reflect
2014 applicable guidance outlined in the Boat Facility Siting Guide
2015 prepared by the Fish and Wildlife Conservation Commission. If
2016 the local government elects to adopt recreational surface water
2017 use policies by comprehensive plan amendment, such comprehensive
2018 plan amendment is exempt from the provisions of s. 163.3187(1).
2019 Local governments that wish to adopt recreational surface water
2020 use policies may be eligible for assistance with the development
2021 of such policies through the Florida Coastal Management Program.
2022 The Office of Program Policy Analysis and Government
2023 Accountability shall submit a report on the adoption of
2024 recreational surface water use policies under this subparagraph
2025 to the President of the Senate, the Speaker of the House of
2026 Representatives, and the majority and minority leaders of the
2027 Senate and the House of Representatives no later than December
2028 1, 2010.
2029 (h)1. An intergovernmental coordination element showing
2030 relationships and stating principles and guidelines to be used
2031 in coordinating the adopted comprehensive plan with the plans of
2032 school boards, regional water supply authorities, and other
2033 units of local government providing services but not having
2034 regulatory authority over the use of land, with the
2035 comprehensive plans of adjacent municipalities, the county,
2036 adjacent counties, or the region, with the state comprehensive
2037 plan and with the applicable regional water supply plan approved
2038 pursuant to s. 373.709, as the case may require and as such
2039 adopted plans or plans in preparation may exist. This element of
2040 the local comprehensive plan must demonstrate consideration of
2041 the particular effects of the local plan, when adopted, upon the
2042 development of adjacent municipalities, the county, adjacent
2043 counties, or the region, or upon the state comprehensive plan,
2044 as the case may require.
2045 a. The intergovernmental coordination element must provide
2046 procedures for identifying and implementing joint planning
2047 areas, especially for the purpose of annexation, municipal
2048 incorporation, and joint infrastructure service areas.
2049 b. The intergovernmental coordination element must provide
2050 for recognition of campus master plans prepared pursuant to s.
2051 1013.30 and airport master plans under paragraph (k).
2052 b.c. The intergovernmental coordination element shall
2053 provide for a dispute resolution process, as established
2054 pursuant to s. 186.509, for bringing intergovernmental disputes
2055 to closure in a timely manner.
2056 c.d. The intergovernmental coordination element shall
2057 provide for interlocal agreements as established pursuant to s.
2058 333.03(1)(b).
2059 2. The intergovernmental coordination element shall also
2060 state principles and guidelines to be used in coordinating the
2061 adopted comprehensive plan with the plans of school boards and
2062 other units of local government providing facilities and
2063 services but not having regulatory authority over the use of
2064 land. In addition, the intergovernmental coordination element
2065 must describe joint processes for collaborative planning and
2066 decisionmaking on population projections and public school
2067 siting, the location and extension of public facilities subject
2068 to concurrency, and siting facilities with countywide
2069 significance, including locally unwanted land uses whose nature
2070 and identity are established in an agreement.
2071 3. Within 1 year after adopting their intergovernmental
2072 coordination elements, each county, all the municipalities
2073 within that county, the district school board, and any unit of
2074 local government service providers in that county shall
2075 establish by interlocal or other formal agreement executed by
2076 all affected entities, the joint processes described in this
2077 subparagraph consistent with their adopted intergovernmental
2078 coordination elements. The element must:
2079 a. Ensure that the local government addresses through
2080 coordination mechanisms the impacts of development proposed in
2081 the local comprehensive plan upon development in adjacent
2082 municipalities, the county, adjacent counties, the region, and
2083 the state. The area of concern for municipalities shall include
2084 adjacent municipalities, the county, and counties adjacent to
2085 the municipality. The area of concern for counties shall include
2086 all municipalities within the county, adjacent counties, and
2087 adjacent municipalities.
2088 b. Ensure coordination in establishing level of service
2089 standards for public facilities with any state, regional, or
2090 local entity having operational and maintenance responsibility
2091 for such facilities.
2092 3. To foster coordination between special districts and
2093 local general-purpose governments as local general-purpose
2094 governments implement local comprehensive plans, each
2095 independent special district must submit a public facilities
2096 report to the appropriate local government as required by s.
2097 189.415.
2098 4. Local governments shall execute an interlocal agreement
2099 with the district school board, the county, and nonexempt
2100 municipalities pursuant to s. 163.31777. The local government
2101 shall amend the intergovernmental coordination element to ensure
2102 that coordination between the local government and school board
2103 is pursuant to the agreement and shall state the obligations of
2104 the local government under the agreement. Plan amendments that
2105 comply with this subparagraph are exempt from the provisions of
2106 s. 163.3187(1).
2107 5. By January 1, 2004, any county having a population
2108 greater than 100,000, and the municipalities and special
2109 districts within that county, shall submit a report to the
2110 Department of Community Affairs which identifies:
2111 a. All existing or proposed interlocal service delivery
2112 agreements relating to education; sanitary sewer; public safety;
2113 solid waste; drainage; potable water; parks and recreation; and
2114 transportation facilities.
2115 b. Any deficits or duplication in the provision of services
2116 within its jurisdiction, whether capital or operational. Upon
2117 request, the Department of Community Affairs shall provide
2118 technical assistance to the local governments in identifying
2119 deficits or duplication.
2120 6. Within 6 months after submission of the report, the
2121 Department of Community Affairs shall, through the appropriate
2122 regional planning council, coordinate a meeting of all local
2123 governments within the regional planning area to discuss the
2124 reports and potential strategies to remedy any identified
2125 deficiencies or duplications.
2126 7. Each local government shall update its intergovernmental
2127 coordination element based upon the findings in the report
2128 submitted pursuant to subparagraph 5. The report may be used as
2129 supporting data and analysis for the intergovernmental
2130 coordination element.
2131 (i) The optional elements of the comprehensive plan in
2132 paragraphs (7)(a) and (b) are required elements for those
2133 municipalities having populations greater than 50,000, and those
2134 counties having populations greater than 75,000, as determined
2135 under s. 186.901.
2136 (j) For each unit of local government within an urbanized
2137 area designated for purposes of s. 339.175, a transportation
2138 element, which must be prepared and adopted in lieu of the
2139 requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
2140 and (d) and which shall address the following issues:
2141 1. Traffic circulation, including major thoroughfares and
2142 other routes, including bicycle and pedestrian ways.
2143 2. All alternative modes of travel, such as public
2144 transportation, pedestrian, and bicycle travel.
2145 3. Parking facilities.
2146 4. Aviation, rail, seaport facilities, access to those
2147 facilities, and intermodal terminals.
2148 5. The availability of facilities and services to serve
2149 existing land uses and the compatibility between future land use
2150 and transportation elements.
2151 6. The capability to evacuate the coastal population prior
2152 to an impending natural disaster.
2153 7. Airports, projected airport and aviation development,
2154 and land use compatibility around airports, which includes areas
2155 defined in ss. 333.01 and 333.02.
2156 8. An identification of land use densities, building
2157 intensities, and transportation management programs to promote
2158 public transportation systems in designated public
2159 transportation corridors so as to encourage population densities
2160 sufficient to support such systems.
2161 9. May include transportation corridors, as defined in s.
2162 334.03, intended for future transportation facilities designated
2163 pursuant to s. 337.273. If transportation corridors are
2164 designated, the local government may adopt a transportation
2165 corridor management ordinance.
2166 10. The incorporation of transportation strategies to
2167 address reduction in greenhouse gas emissions from the
2168 transportation sector.
2169 (k) An airport master plan, and any subsequent amendments
2170 to the airport master plan, prepared by a licensed publicly
2171 owned and operated airport under s. 333.06 may be incorporated
2172 into the local government comprehensive plan by the local
2173 government having jurisdiction under this act for the area in
2174 which the airport or projected airport development is located by
2175 the adoption of a comprehensive plan amendment. In the amendment
2176 to the local comprehensive plan that integrates the airport
2177 master plan, the comprehensive plan amendment shall address land
2178 use compatibility consistent with chapter 333 regarding airport
2179 zoning; the provision of regional transportation facilities for
2180 the efficient use and operation of the transportation system and
2181 airport; consistency with the local government transportation
2182 circulation element and applicable metropolitan planning
2183 organization long-range transportation plans; and the execution
2184 of any necessary interlocal agreements for the purposes of the
2185 provision of public facilities and services to maintain the
2186 adopted level-of-service standards for facilities subject to
2187 concurrency; and may address airport-related or aviation-related
2188 development. Development or expansion of an airport consistent
2189 with the adopted airport master plan that has been incorporated
2190 into the local comprehensive plan in compliance with this part,
2191 and airport-related or aviation-related development that has
2192 been addressed in the comprehensive plan amendment that
2193 incorporates the airport master plan, shall not be a development
2194 of regional impact. Notwithstanding any other general law, an
2195 airport that has received a development-of-regional-impact
2196 development order pursuant to s. 380.06, but which is no longer
2197 required to undergo development-of-regional-impact review
2198 pursuant to this subsection, may abandon its development-of
2199 regional-impact order upon written notification to the
2200 applicable local government. Upon receipt by the local
2201 government, the development-of-regional-impact development order
2202 is void.
2203 (7) The comprehensive plan may include the following
2204 additional elements, or portions or phases thereof:
2205 (a) As a part of the circulation element of paragraph
2206 (6)(b) or as a separate element, a mass-transit element showing
2207 proposed methods for the moving of people, rights-of-way,
2208 terminals, related facilities, and fiscal considerations for the
2209 accomplishment of the element.
2210 (b) As a part of the circulation element of paragraph
2211 (6)(b) or as a separate element, plans for port, aviation, and
2212 related facilities coordinated with the general circulation and
2213 transportation element.
2214 (c) As a part of the circulation element of paragraph
2215 (6)(b) and in coordination with paragraph (6)(e), where
2216 applicable, a plan element for the circulation of recreational
2217 traffic, including bicycle facilities, exercise trails, riding
2218 facilities, and such other matters as may be related to the
2219 improvement and safety of movement of all types of recreational
2220 traffic.
2221 (d) As a part of the circulation element of paragraph
2222 (6)(b) or as a separate element, a plan element for the
2223 development of offstreet parking facilities for motor vehicles
2224 and the fiscal considerations for the accomplishment of the
2225 element.
2226 (e) A public buildings and related facilities element
2227 showing locations and arrangements of civic and community
2228 centers, public schools, hospitals, libraries, police and fire
2229 stations, and other public buildings. This plan element should
2230 show particularly how it is proposed to effect coordination with
2231 governmental units, such as school boards or hospital
2232 authorities, having public development and service
2233 responsibilities, capabilities, and potential but not having
2234 land development regulatory authority. This element may include
2235 plans for architecture and landscape treatment of their grounds.
2236 (f) A recommended community design element which may
2237 consist of design recommendations for land subdivision,
2238 neighborhood development and redevelopment, design of open space
2239 locations, and similar matters to the end that such
2240 recommendations may be available as aids and guides to
2241 developers in the future planning and development of land in the
2242 area.
2243 (g) A general area redevelopment element consisting of
2244 plans and programs for the redevelopment of slums and blighted
2245 locations in the area and for community redevelopment, including
2246 housing sites, business and industrial sites, public buildings
2247 sites, recreational facilities, and other purposes authorized by
2248 law.
2249 (h) A safety element for the protection of residents and
2250 property of the area from fire, hurricane, or manmade or natural
2251 catastrophe, including such necessary features for protection as
2252 evacuation routes and their control in an emergency, water
2253 supply requirements, minimum road widths, clearances around and
2254 elevations of structures, and similar matters.
2255 (i) An historical and scenic preservation element setting
2256 out plans and programs for those structures or lands in the area
2257 having historical, archaeological, architectural, scenic, or
2258 similar significance.
2259 (j) An economic element setting forth principles and
2260 guidelines for the commercial and industrial development, if
2261 any, and the employment and personnel utilization within the
2262 area. The element may detail the type of commercial and
2263 industrial development sought, correlated to the present and
2264 projected employment needs of the area and to other elements of
2265 the plans, and may set forth methods by which a balanced and
2266 stable economic base will be pursued.
2267 (k) Such other elements as may be peculiar to, and
2268 necessary for, the area concerned and as are added to the
2269 comprehensive plan by the governing body upon the recommendation
2270 of the local planning agency.
2271 (l) Local governments that are not required to prepare
2272 coastal management elements under s. 163.3178 are encouraged to
2273 adopt hazard mitigation/postdisaster redevelopment plans. These
2274 plans should, at a minimum, establish long-term policies
2275 regarding redevelopment, infrastructure, densities,
2276 nonconforming uses, and future land use patterns. Grants to
2277 assist local governments in the preparation of these hazard
2278 mitigation/postdisaster redevelopment plans shall be available
2279 through the Emergency Management Preparedness and Assistance
2280 Account in the Grants and Donations Trust Fund administered by
2281 the department, if such account is created by law. The plans
2282 must be in compliance with the requirements of this act and
2283 chapter 252.
2284 (8) All elements of the comprehensive plan, whether
2285 mandatory or optional, shall be based upon data appropriate to
2286 the element involved. Surveys and studies utilized in the
2287 preparation of the comprehensive plan shall not be deemed a part
2288 of the comprehensive plan unless adopted as a part of it. Copies
2289 of such studies, surveys, and supporting documents shall be made
2290 available to public inspection, and copies of such plans shall
2291 be made available to the public upon payment of reasonable
2292 charges for reproduction.
2293 (9) The state land planning agency shall, by February 15,
2294 1986, adopt by rule minimum criteria for the review and
2295 determination of compliance of the local government
2296 comprehensive plan elements required by this act. Such rules
2297 shall not be subject to rule challenges under s. 120.56(2) or to
2298 drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2299 become effective only after they have been submitted to the
2300 President of the Senate and the Speaker of the House of
2301 Representatives for review by the Legislature no later than 30
2302 days prior to the next regular session of the Legislature. In
2303 its review the Legislature may reject, modify, or take no action
2304 relative to the rules. The agency shall conform the rules to the
2305 changes made by the Legislature, or, if no action was taken, the
2306 agency rules shall become effective. The rule shall include
2307 criteria for determining whether:
2308 (a) Proposed elements are in compliance with the
2309 requirements of part II, as amended by this act.
2310 (b) Other elements of the comprehensive plan are related to
2311 and consistent with each other.
2312 (c) The local government comprehensive plan elements are
2313 consistent with the state comprehensive plan and the appropriate
2314 regional policy plan pursuant to s. 186.508.
2315 (d) Certain bays, estuaries, and harbors that fall under
2316 the jurisdiction of more than one local government are managed
2317 in a consistent and coordinated manner in the case of local
2318 governments required to include a coastal management element in
2319 their comprehensive plans pursuant to paragraph (6)(g).
2320 (e) Proposed elements identify the mechanisms and
2321 procedures for monitoring, evaluating, and appraising
2322 implementation of the plan. Specific measurable objectives are
2323 included to provide a basis for evaluating effectiveness as
2324 required by s. 163.3191.
2325 (f) Proposed elements contain policies to guide future
2326 decisions in a consistent manner.
2327 (g) Proposed elements contain programs and activities to
2328 ensure that comprehensive plans are implemented.
2329 (h) Proposed elements identify the need for and the
2330 processes and procedures to ensure coordination of all
2331 development activities and services with other units of local
2332 government, regional planning agencies, water management
2333 districts, and state and federal agencies as appropriate.
2334
2335 The state land planning agency may adopt procedural rules that
2336 are consistent with this section and chapter 120 for the review
2337 of local government comprehensive plan elements required under
2338 this section. The state land planning agency shall provide model
2339 plans and ordinances and, upon request, other assistance to
2340 local governments in the adoption and implementation of their
2341 revised local government comprehensive plans. The review and
2342 comment provisions applicable prior to October 1, 1985, shall
2343 continue in effect until the criteria for review and
2344 determination are adopted pursuant to this subsection and the
2345 comprehensive plans required by s. 163.3167(2) are due.
2346 (10) The Legislature recognizes the importance and
2347 significance of chapter 9J-5, Florida Administrative Code, the
2348 Minimum Criteria for Review of Local Government Comprehensive
2349 Plans and Determination of Compliance of the Department of
2350 Community Affairs that will be used to determine compliance of
2351 local comprehensive plans. The Legislature reserved unto itself
2352 the right to review chapter 9J-5, Florida Administrative Code,
2353 and to reject, modify, or take no action relative to this rule.
2354 Therefore, pursuant to subsection (9), the Legislature hereby
2355 has reviewed chapter 9J-5, Florida Administrative Code, and
2356 expresses the following legislative intent:
2357 (a) The Legislature finds that in order for the department
2358 to review local comprehensive plans, it is necessary to define
2359 the term “consistency.” Therefore, for the purpose of
2360 determining whether local comprehensive plans are consistent
2361 with the state comprehensive plan and the appropriate regional
2362 policy plan, a local plan shall be consistent with such plans if
2363 the local plan is “compatible with” and “furthers” such plans.
2364 The term “compatible with” means that the local plan is not in
2365 conflict with the state comprehensive plan or appropriate
2366 regional policy plan. The term “furthers” means to take action
2367 in the direction of realizing goals or policies of the state or
2368 regional plan. For the purposes of determining consistency of
2369 the local plan with the state comprehensive plan or the
2370 appropriate regional policy plan, the state or regional plan
2371 shall be construed as a whole and no specific goal and policy
2372 shall be construed or applied in isolation from the other goals
2373 and policies in the plans.
2374 (b) Each local government shall review all the state
2375 comprehensive plan goals and policies and shall address in its
2376 comprehensive plan the goals and policies which are relevant to
2377 the circumstances or conditions in its jurisdiction. The
2378 decision regarding which particular state comprehensive plan
2379 goals and policies will be furthered by the expenditure of a
2380 local government’s financial resources in any given year is a
2381 decision which rests solely within the discretion of the local
2382 government. Intergovernmental coordination, as set forth in
2383 paragraph (6)(h), shall be utilized to the extent required to
2384 carry out the provisions of chapter 9J-5, Florida Administrative
2385 Code.
2386 (c) The Legislature declares that if any portion of chapter
2387 9J-5, Florida Administrative Code, is found to be in conflict
2388 with this part, the appropriate statutory provision shall
2389 prevail.
2390 (d) Chapter 9J-5, Florida Administrative Code, does not
2391 mandate the creation, limitation, or elimination of regulatory
2392 authority, nor does it authorize the adoption or require the
2393 repeal of any rules, criteria, or standards of any local,
2394 regional, or state agency.
2395 (e) It is the Legislature’s intent that support data or
2396 summaries thereof shall not be subject to the compliance review
2397 process, but the Legislature intends that goals and policies be
2398 clearly based on appropriate data. The department may utilize
2399 support data or summaries thereof to aid in its determination of
2400 compliance and consistency. The Legislature intends that the
2401 department may evaluate the application of a methodology
2402 utilized in data collection or whether a particular methodology
2403 is professionally accepted. However, the department shall not
2404 evaluate whether one accepted methodology is better than
2405 another. Chapter 9J-5, Florida Administrative Code, shall not be
2406 construed to require original data collection by local
2407 governments; however, Local governments are not to be
2408 discouraged from utilizing original data so long as
2409 methodologies are professionally accepted.
2410 (f) The Legislature recognizes that under this section,
2411 local governments are charged with setting levels of service for
2412 public facilities in their comprehensive plans in accordance
2413 with which development orders and permits will be issued
2414 pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2415 the authority of state, regional, or local agencies as otherwise
2416 provided by law.
2417 (g) Definitions contained in chapter 9J-5, Florida
2418 Administrative Code, are not intended to modify or amend the
2419 definitions utilized for purposes of other programs or rules or
2420 to establish or limit regulatory authority. Local governments
2421 may establish alternative definitions in local comprehensive
2422 plans, as long as such definitions accomplish the intent of this
2423 chapter, and chapter 9J-5, Florida Administrative Code.
2424 (h) It is the intent of the Legislature that public
2425 facilities and services needed to support development shall be
2426 available concurrent with the impacts of such development in
2427 accordance with s. 163.3180. In meeting this intent, public
2428 facility and service availability shall be deemed sufficient if
2429 the public facilities and services for a development are phased,
2430 or the development is phased, so that the public facilities and
2431 those related services which are deemed necessary by the local
2432 government to operate the facilities necessitated by that
2433 development are available concurrent with the impacts of the
2434 development. The public facilities and services, unless already
2435 available, are to be consistent with the capital improvements
2436 element of the local comprehensive plan as required by paragraph
2437 (3)(a) or guaranteed in an enforceable development agreement.
2438 This shall include development agreements pursuant to this
2439 chapter or in an agreement or a development order issued
2440 pursuant to chapter 380. Nothing herein shall be construed to
2441 require a local government to address services in its capital
2442 improvements plan or to limit a local government’s ability to
2443 address any service in its capital improvements plan that it
2444 deems necessary.
2445 (i) The department shall take into account the factors
2446 delineated in rule 9J-5.002(2), Florida Administrative Code, as
2447 it provides assistance to local governments and applies the rule
2448 in specific situations with regard to the detail of the data and
2449 analysis required.
2450 (j) Chapter 9J-5, Florida Administrative Code, has become
2451 effective pursuant to subsection (9). The Legislature hereby
2452 directs the department to adopt amendments as necessary which
2453 conform chapter 9J-5, Florida Administrative Code, with the
2454 requirements of this legislative intent by October 1, 1986.
2455 (k) In order for local governments to prepare and adopt
2456 comprehensive plans with knowledge of the rules that are applied
2457 to determine consistency of the plans with this part, there
2458 should be no doubt as to the legal standing of chapter 9J-5,
2459 Florida Administrative Code, at the close of the 1986
2460 legislative session. Therefore, the Legislature declares that
2461 changes made to chapter 9J-5 before October 1, 1986, are not
2462 subject to rule challenges under s. 120.56(2), or to drawout
2463 proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2464 Florida Administrative Code, as amended, is subject to rule
2465 challenges under s. 120.56(3), as nothing herein indicates
2466 approval or disapproval of any portion of chapter 9J-5 not
2467 specifically addressed herein. Any amendments to chapter 9J-5,
2468 Florida Administrative Code, exclusive of the amendments adopted
2469 prior to October 1, 1986, pursuant to this act, shall be subject
2470 to the full chapter 120 process. All amendments shall have
2471 effective dates as provided in chapter 120 and submission to the
2472 President of the Senate and Speaker of the House of
2473 Representatives shall not be required.
2474 (l) The state land planning agency shall consider land use
2475 compatibility issues in the vicinity of all airports in
2476 coordination with the Department of Transportation and adjacent
2477 to or in close proximity to all military installations in
2478 coordination with the Department of Defense.
2479 (11)(a) The Legislature recognizes the need for innovative
2480 planning and development strategies which will address the
2481 anticipated demands of continued urbanization of Florida’s
2482 coastal and other environmentally sensitive areas, and which
2483 will accommodate the development of less populated regions of
2484 the state which seek economic development and which have
2485 suitable land and water resources to accommodate growth in an
2486 environmentally acceptable manner. The Legislature further
2487 recognizes the substantial advantages of innovative approaches
2488 to development which may better serve to protect environmentally
2489 sensitive areas, maintain the economic viability of agricultural
2490 and other predominantly rural land uses, and provide for the
2491 cost-efficient delivery of public facilities and services.
2492 (b) It is the intent of the Legislature that the local
2493 government comprehensive plans and plan amendments adopted
2494 pursuant to the provisions of this part provide for a planning
2495 process which allows for land use efficiencies within existing
2496 urban areas and which also allows for the conversion of rural
2497 lands to other uses, where appropriate and consistent with the
2498 other provisions of this part and the affected local
2499 comprehensive plans, through the application of innovative and
2500 flexible planning and development strategies and creative land
2501 use planning techniques, which may include, but not be limited
2502 to, urban villages, new towns, satellite communities, area-based
2503 allocations, clustering and open space provisions, mixed-use
2504 development, and sector planning.
2505 (c) It is the further intent of the Legislature that local
2506 government comprehensive plans and implementing land development
2507 regulations shall provide strategies which maximize the use of
2508 existing facilities and services through redevelopment, urban
2509 infill development, and other strategies for urban
2510 revitalization.
2511 (d)1. The department, in cooperation with the Department of
2512 Agriculture and Consumer Services, the Department of
2513 Environmental Protection, water management districts, and
2514 regional planning councils, shall provide assistance to local
2515 governments in the implementation of this paragraph and rule 9J
2516 5.006(5)(l), Florida Administrative Code. Implementation of
2517 those provisions shall include a process by which the department
2518 may authorize local governments to designate all or portions of
2519 lands classified in the future land use element as predominantly
2520 agricultural, rural, open, open-rural, or a substantively
2521 equivalent land use, as a rural land stewardship area within
2522 which planning and economic incentives are applied to encourage
2523 the implementation of innovative and flexible planning and
2524 development strategies and creative land use planning
2525 techniques, including those contained herein and in rule 9J
2526 5.006(5)(l), Florida Administrative Code. Assistance may
2527 include, but is not limited to:
2528 a. Assistance from the Department of Environmental
2529 Protection and water management districts in creating the
2530 geographic information systems land cover database and aerial
2531 photogrammetry needed to prepare for a rural land stewardship
2532 area;
2533 b. Support for local government implementation of rural
2534 land stewardship concepts by providing information and
2535 assistance to local governments regarding land acquisition
2536 programs that may be used by the local government or landowners
2537 to leverage the protection of greater acreage and maximize the
2538 effectiveness of rural land stewardship areas; and
2539 c. Expansion of the role of the Department of Community
2540 Affairs as a resource agency to facilitate establishment of
2541 rural land stewardship areas in smaller rural counties that do
2542 not have the staff or planning budgets to create a rural land
2543 stewardship area.
2544 2. The department shall encourage participation by local
2545 governments of different sizes and rural characteristics in
2546 establishing and implementing rural land stewardship areas. It
2547 is the intent of the Legislature that rural land stewardship
2548 areas be used to further the following broad principles of rural
2549 sustainability: restoration and maintenance of the economic
2550 value of rural land; control of urban sprawl; identification and
2551 protection of ecosystems, habitats, and natural resources;
2552 promotion of rural economic activity; maintenance of the
2553 viability of Florida’s agricultural economy; and protection of
2554 the character of rural areas of Florida. Rural land stewardship
2555 areas may be multicounty in order to encourage coordinated
2556 regional stewardship planning.
2557 3. A local government, in conjunction with a regional
2558 planning council, a stakeholder organization of private land
2559 owners, or another local government, shall notify the department
2560 in writing of its intent to designate a rural land stewardship
2561 area. The written notification shall describe the basis for the
2562 designation, including the extent to which the rural land
2563 stewardship area enhances rural land values, controls urban
2564 sprawl, provides necessary open space for agriculture and
2565 protection of the natural environment, promotes rural economic
2566 activity, and maintains rural character and the economic
2567 viability of agriculture.
2568 4. A rural land stewardship area shall be not less than
2569 10,000 acres and shall be located outside of municipalities and
2570 established urban growth boundaries, and shall be designated by
2571 plan amendment. The plan amendment designating a rural land
2572 stewardship area shall be subject to review by the Department of
2573 Community Affairs pursuant to s. 163.3184 and shall provide for
2574 the following:
2575 a. Criteria for the designation of receiving areas within
2576 rural land stewardship areas in which innovative planning and
2577 development strategies may be applied. Criteria shall at a
2578 minimum provide for the following: adequacy of suitable land to
2579 accommodate development so as to avoid conflict with
2580 environmentally sensitive areas, resources, and habitats;
2581 compatibility between and transition from higher density uses to
2582 lower intensity rural uses; the establishment of receiving area
2583 service boundaries which provide for a separation between
2584 receiving areas and other land uses within the rural land
2585 stewardship area through limitations on the extension of
2586 services; and connection of receiving areas with the rest of the
2587 rural land stewardship area using rural design and rural road
2588 corridors.
2589 b. Goals, objectives, and policies setting forth the
2590 innovative planning and development strategies to be applied
2591 within rural land stewardship areas pursuant to the provisions
2592 of this section.
2593 c. A process for the implementation of innovative planning
2594 and development strategies within the rural land stewardship
2595 area, including those described in this subsection and rule 9J
2596 5.006(5)(l), Florida Administrative Code, which provide for a
2597 functional mix of land uses, including adequate available
2598 workforce housing, including low, very-low and moderate income
2599 housing for the development anticipated in the receiving area
2600 and which are applied through the adoption by the local
2601 government of zoning and land development regulations applicable
2602 to the rural land stewardship area.
2603 d. A process which encourages visioning pursuant to s.
2604 163.3167(11) to ensure that innovative planning and development
2605 strategies comply with the provisions of this section.
2606 e. The control of sprawl through the use of innovative
2607 strategies and creative land use techniques consistent with the
2608 provisions of this subsection and rule 9J-5.006(5)(l), Florida
2609 Administrative Code.
2610 5. A receiving area shall be designated by the adoption of
2611 a land development regulation. Prior to the designation of a
2612 receiving area, the local government shall provide the
2613 Department of Community Affairs a period of 30 days in which to
2614 review a proposed receiving area for consistency with the rural
2615 land stewardship area plan amendment and to provide comments to
2616 the local government. At the time of designation of a
2617 stewardship receiving area, a listed species survey will be
2618 performed. If listed species occur on the receiving area site,
2619 the developer shall coordinate with each appropriate local,
2620 state, or federal agency to determine if adequate provisions
2621 have been made to protect those species in accordance with
2622 applicable regulations. In determining the adequacy of
2623 provisions for the protection of listed species and their
2624 habitats, the rural land stewardship area shall be considered as
2625 a whole, and the impacts to areas to be developed as receiving
2626 areas shall be considered together with the environmental
2627 benefits of areas protected as sending areas in fulfilling this
2628 criteria.
2629 6. Upon the adoption of a plan amendment creating a rural
2630 land stewardship area, the local government shall, by ordinance,
2631 establish the methodology for the creation, conveyance, and use
2632 of transferable rural land use credits, otherwise referred to as
2633 stewardship credits, the application of which shall not
2634 constitute a right to develop land, nor increase density of
2635 land, except as provided by this section. The total amount of
2636 transferable rural land use credits within the rural land
2637 stewardship area must enable the realization of the long-term
2638 vision and goals for the 25-year or greater projected population
2639 of the rural land stewardship area, which may take into
2640 consideration the anticipated effect of the proposed receiving
2641 areas. Transferable rural land use credits are subject to the
2642 following limitations:
2643 a. Transferable rural land use credits may only exist
2644 within a rural land stewardship area.
2645 b. Transferable rural land use credits may only be used on
2646 lands designated as receiving areas and then solely for the
2647 purpose of implementing innovative planning and development
2648 strategies and creative land use planning techniques adopted by
2649 the local government pursuant to this section.
2650 c. Transferable rural land use credits assigned to a parcel
2651 of land within a rural land stewardship area shall cease to
2652 exist if the parcel of land is removed from the rural land
2653 stewardship area by plan amendment.
2654 d. Neither the creation of the rural land stewardship area
2655 by plan amendment nor the assignment of transferable rural land
2656 use credits by the local government shall operate to displace
2657 the underlying density of land uses assigned to a parcel of land
2658 within the rural land stewardship area; however, if transferable
2659 rural land use credits are transferred from a parcel for use
2660 within a designated receiving area, the underlying density
2661 assigned to the parcel of land shall cease to exist.
2662 e. The underlying density on each parcel of land located
2663 within a rural land stewardship area shall not be increased or
2664 decreased by the local government, except as a result of the
2665 conveyance or use of transferable rural land use credits, as
2666 long as the parcel remains within the rural land stewardship
2667 area.
2668 f. Transferable rural land use credits shall cease to exist
2669 on a parcel of land where the underlying density assigned to the
2670 parcel of land is utilized.
2671 g. An increase in the density of use on a parcel of land
2672 located within a designated receiving area may occur only
2673 through the assignment or use of transferable rural land use
2674 credits and shall not require a plan amendment.
2675 h. A change in the density of land use on parcels located
2676 within receiving areas shall be specified in a development order
2677 which reflects the total number of transferable rural land use
2678 credits assigned to the parcel of land and the infrastructure
2679 and support services necessary to provide for a functional mix
2680 of land uses corresponding to the plan of development.
2681 i. Land within a rural land stewardship area may be removed
2682 from the rural land stewardship area through a plan amendment.
2683 j. Transferable rural land use credits may be assigned at
2684 different ratios of credits per acre according to the natural
2685 resource or other beneficial use characteristics of the land and
2686 according to the land use remaining following the transfer of
2687 credits, with the highest number of credits per acre assigned to
2688 the most environmentally valuable land or, in locations where
2689 the retention of open space and agricultural land is a priority,
2690 to such lands.
2691 k. The use or conveyance of transferable rural land use
2692 credits must be recorded in the public records of the county in
2693 which the property is located as a covenant or restrictive
2694 easement running with the land in favor of the county and either
2695 the Department of Environmental Protection, Department of
2696 Agriculture and Consumer Services, a water management district,
2697 or a recognized statewide land trust.
2698 7. Owners of land within rural land stewardship areas
2699 should be provided incentives to enter into rural land
2700 stewardship agreements, pursuant to existing law and rules
2701 adopted thereto, with state agencies, water management
2702 districts, and local governments to achieve mutually agreed upon
2703 conservation objectives. Such incentives may include, but not be
2704 limited to, the following:
2705 a. Opportunity to accumulate transferable mitigation
2706 credits.
2707 b. Extended permit agreements.
2708 c. Opportunities for recreational leases and ecotourism.
2709 d. Payment for specified land management services on
2710 publicly owned land, or property under covenant or restricted
2711 easement in favor of a public entity.
2712 e. Option agreements for sale to public entities or private
2713 land conservation entities, in either fee or easement, upon
2714 achievement of conservation objectives.
2715 8. The department shall report to the Legislature on an
2716 annual basis on the results of implementation of rural land
2717 stewardship areas authorized by the department, including
2718 successes and failures in achieving the intent of the
2719 Legislature as expressed in this paragraph.
2720 (e) The Legislature finds that mixed-use, high-density
2721 development is appropriate for urban infill and redevelopment
2722 areas. Mixed-use projects accommodate a variety of uses,
2723 including residential and commercial, and usually at higher
2724 densities that promote pedestrian-friendly, sustainable
2725 communities. The Legislature recognizes that mixed-use, high
2726 density development improves the quality of life for residents
2727 and businesses in urban areas. The Legislature finds that mixed
2728 use, high-density redevelopment and infill benefits residents by
2729 creating a livable community with alternative modes of
2730 transportation. Furthermore, the Legislature finds that local
2731 zoning ordinances often discourage mixed-use, high-density
2732 development in areas that are appropriate for urban infill and
2733 redevelopment. The Legislature intends to discourage single-use
2734 zoning in urban areas which often leads to lower-density, land
2735 intensive development outside an urban service area. Therefore,
2736 the Department of Community Affairs shall provide technical
2737 assistance to local governments in order to encourage mixed-use,
2738 high-density urban infill and redevelopment projects.
2739 (f) The Legislature finds that a program for the transfer
2740 of development rights is a useful tool to preserve historic
2741 buildings and create public open spaces in urban areas. A
2742 program for the transfer of development rights allows the
2743 transfer of density credits from historic properties and public
2744 open spaces to areas designated for high-density development.
2745 The Legislature recognizes that high-density development is
2746 integral to the success of many urban infill and redevelopment
2747 projects. The Legislature intends to encourage high-density
2748 urban infill and redevelopment while preserving historic
2749 structures and open spaces. Therefore, the Department of
2750 Community Affairs shall provide technical assistance to local
2751 governments in order to promote the transfer of development
2752 rights within urban areas for high-density infill and
2753 redevelopment projects.
2754 (g) The implementation of this subsection shall be subject
2755 to the provisions of this chapter, chapters 186 and 187, and
2756 applicable agency rules.
2757 (h) The department may adopt rules necessary to implement
2758 the provisions of this subsection.
2759 (12) A public school facilities element adopted to
2760 implement a school concurrency program shall meet the
2761 requirements of this subsection. Each county and each
2762 municipality within the county, unless exempt or subject to a
2763 waiver, must adopt a public school facilities element that is
2764 consistent with those adopted by the other local governments
2765 within the county and enter the interlocal agreement pursuant to
2766 s. 163.31777.
2767 (a) The state land planning agency may provide a waiver to
2768 a county and to the municipalities within the county if the
2769 capacity rate for all schools within the school district is no
2770 greater than 100 percent and the projected 5-year capital outlay
2771 full-time equivalent student growth rate is less than 10
2772 percent. The state land planning agency may allow for a
2773 projected 5-year capital outlay full-time equivalent student
2774 growth rate to exceed 10 percent when the projected 10-year
2775 capital outlay full-time equivalent student enrollment is less
2776 than 2,000 students and the capacity rate for all schools within
2777 the school district in the tenth year will not exceed the 100
2778 percent limitation. The state land planning agency may allow for
2779 a single school to exceed the 100-percent limitation if it can
2780 be demonstrated that the capacity rate for that single school is
2781 not greater than 105 percent. In making this determination, the
2782 state land planning agency shall consider the following
2783 criteria:
2784 1. Whether the exceedance is due to temporary
2785 circumstances;
2786 2. Whether the projected 5-year capital outlay full time
2787 equivalent student growth rate for the school district is
2788 approaching the 10-percent threshold;
2789 3. Whether one or more additional schools within the school
2790 district are at or approaching the 100-percent threshold; and
2791 4. The adequacy of the data and analysis submitted to
2792 support the waiver request.
2793 (b) A municipality in a nonexempt county is exempt if the
2794 municipality meets all of the following criteria for having no
2795 significant impact on school attendance:
2796 1. The municipality has issued development orders for fewer
2797 than 50 residential dwelling units during the preceding 5 years,
2798 or the municipality has generated fewer than 25 additional
2799 public school students during the preceding 5 years.
2800 2. The municipality has not annexed new land during the
2801 preceding 5 years in land use categories that permit residential
2802 uses that will affect school attendance rates.
2803 3. The municipality has no public schools located within
2804 its boundaries.
2805 (c) A public school facilities element shall be based upon
2806 data and analyses that address, among other items, how level-of
2807 service standards will be achieved and maintained. Such data and
2808 analyses must include, at a minimum, such items as: the
2809 interlocal agreement adopted pursuant to s. 163.31777 and the 5
2810 year school district facilities work program adopted pursuant to
2811 s. 1013.35; the educational plant survey prepared pursuant to s.
2812 1013.31 and an existing educational and ancillary plant map or
2813 map series; information on existing development and development
2814 anticipated for the next 5 years and the long-term planning
2815 period; an analysis of problems and opportunities for existing
2816 schools and schools anticipated in the future; an analysis of
2817 opportunities to collocate future schools with other public
2818 facilities such as parks, libraries, and community centers; an
2819 analysis of the need for supporting public facilities for
2820 existing and future schools; an analysis of opportunities to
2821 locate schools to serve as community focal points; projected
2822 future population and associated demographics, including
2823 development patterns year by year for the upcoming 5-year and
2824 long-term planning periods; and anticipated educational and
2825 ancillary plants with land area requirements.
2826 (d) The element shall contain one or more goals which
2827 establish the long-term end toward which public school programs
2828 and activities are ultimately directed.
2829 (e) The element shall contain one or more objectives for
2830 each goal, setting specific, measurable, intermediate ends that
2831 are achievable and mark progress toward the goal.
2832 (f) The element shall contain one or more policies for each
2833 objective which establish the way in which programs and
2834 activities will be conducted to achieve an identified goal.
2835 (g) The objectives and policies shall address items such
2836 as:
2837 1. The procedure for an annual update process;
2838 2. The procedure for school site selection;
2839 3. The procedure for school permitting;
2840 4. Provision for infrastructure necessary to support
2841 proposed schools, including potable water, wastewater, drainage,
2842 solid waste, transportation, and means by which to assure safe
2843 access to schools, including sidewalks, bicycle paths, turn
2844 lanes, and signalization;
2845 5. Provision for colocation of other public facilities,
2846 such as parks, libraries, and community centers, in proximity to
2847 public schools;
2848 6. Provision for location of schools proximate to
2849 residential areas and to complement patterns of development,
2850 including the location of future school sites so they serve as
2851 community focal points;
2852 7. Measures to ensure compatibility of school sites and
2853 surrounding land uses;
2854 8. Coordination with adjacent local governments and the
2855 school district on emergency preparedness issues, including the
2856 use of public schools to serve as emergency shelters; and
2857 9. Coordination with the future land use element.
2858 (h) The element shall include one or more future conditions
2859 maps which depict the anticipated location of educational and
2860 ancillary plants, including the general location of improvements
2861 to existing schools or new schools anticipated over the 5-year
2862 or long-term planning period. The maps will of necessity be
2863 general for the long-term planning period and more specific for
2864 the 5-year period. Maps indicating general locations of future
2865 schools or school improvements may not prescribe a land use on a
2866 particular parcel of land.
2867 (i) The state land planning agency shall establish a phased
2868 schedule for adoption of the public school facilities element
2869 and the required updates to the public schools interlocal
2870 agreement pursuant to s. 163.31777. The schedule shall provide
2871 for each county and local government within the county to adopt
2872 the element and update to the agreement no later than December
2873 1, 2008. Plan amendments to adopt a public school facilities
2874 element are exempt from the provisions of s. 163.3187(1).
2875 (j) The state land planning agency may issue a notice to
2876 the school board and the local government to show cause why
2877 sanctions should not be enforced for failure to enter into an
2878 approved interlocal agreement as required by s. 163.31777 or for
2879 failure to implement provisions relating to public school
2880 concurrency. If the state land planning agency finds that
2881 insufficient cause exists for the school board’s or local
2882 government’s failure to enter into an approved interlocal
2883 agreement as required by s. 163.31777 or for the school board’s
2884 or local government’s failure to implement the provisions
2885 relating to public school concurrency, the state land planning
2886 agency shall submit its finding to the Administration Commission
2887 which may impose on the local government any of the sanctions
2888 set forth in s. 163.3184(11)(a) and (b) and may impose on the
2889 district school board any of the sanctions set forth in s.
2890 1008.32(4).
2891 (13) Local governments are encouraged to develop a
2892 community vision that provides for sustainable growth,
2893 recognizes its fiscal constraints, and protects its natural
2894 resources. At the request of a local government, the applicable
2895 regional planning council shall provide assistance in the
2896 development of a community vision.
2897 (a) As part of the process of developing a community vision
2898 under this section, the local government must hold two public
2899 meetings with at least one of those meetings before the local
2900 planning agency. Before those public meetings, the local
2901 government must hold at least one public workshop with
2902 stakeholder groups such as neighborhood associations, community
2903 organizations, businesses, private property owners, housing and
2904 development interests, and environmental organizations.
2905 (b) The local government must, at a minimum, discuss five
2906 of the following topics as part of the workshops and public
2907 meetings required under paragraph (a):
2908 1. Future growth in the area using population forecasts
2909 from the Bureau of Economic and Business Research;
2910 2. Priorities for economic development;
2911 3. Preservation of open space, environmentally sensitive
2912 lands, and agricultural lands;
2913 4. Appropriate areas and standards for mixed-use
2914 development;
2915 5. Appropriate areas and standards for high-density
2916 commercial and residential development;
2917 6. Appropriate areas and standards for economic development
2918 opportunities and employment centers;
2919 7. Provisions for adequate workforce housing;
2920 8. An efficient, interconnected multimodal transportation
2921 system; and
2922 9. Opportunities to create land use patterns that
2923 accommodate the issues listed in subparagraphs 1.-8.
2924 (c) As part of the workshops and public meetings, the local
2925 government must discuss strategies for addressing the topics
2926 discussed under paragraph (b), including:
2927 1. Strategies to preserve open space and environmentally
2928 sensitive lands, and to encourage a healthy agricultural
2929 economy, including innovative planning and development
2930 strategies, such as the transfer of development rights;
2931 2. Incentives for mixed-use development, including
2932 increased height and intensity standards for buildings that
2933 provide residential use in combination with office or commercial
2934 space;
2935 3. Incentives for workforce housing;
2936 4. Designation of an urban service boundary pursuant to
2937 subsection (2); and
2938 5. Strategies to provide mobility within the community and
2939 to protect the Strategic Intermodal System, including the
2940 development of a transportation corridor management plan under
2941 s. 337.273.
2942 (d) The community vision must reflect the community’s
2943 shared concept for growth and development of the community,
2944 including visual representations depicting the desired land use
2945 patterns and character of the community during a 10-year
2946 planning timeframe. The community vision must also take into
2947 consideration economic viability of the vision and private
2948 property interests.
2949 (e) After the workshops and public meetings required under
2950 paragraph (a) are held, the local government may amend its
2951 comprehensive plan to include the community vision as a
2952 component in the plan. This plan amendment must be transmitted
2953 and adopted pursuant to the procedures in ss. 163.3184 and
2954 163.3189 at public hearings of the governing body other than
2955 those identified in paragraph (a).
2956 (f) Amendments submitted under this subsection are exempt
2957 from the limitation on the frequency of plan amendments in s.
2958 163.3187.
2959 (g) A local government that has developed a community
2960 vision or completed a visioning process after July 1, 2000, and
2961 before July 1, 2005, which substantially accomplishes the goals
2962 set forth in this subsection and the appropriate goals,
2963 policies, or objectives have been adopted as part of the
2964 comprehensive plan or reflected in subsequently adopted land
2965 development regulations and the plan amendment incorporating the
2966 community vision as a component has been found in compliance is
2967 eligible for the incentives in s. 163.3184(17).
2968 (14) Local governments are also encouraged to designate an
2969 urban service boundary. This area must be appropriate for
2970 compact, contiguous urban development within a 10-year planning
2971 timeframe. The urban service area boundary must be identified on
2972 the future land use map or map series. The local government
2973 shall demonstrate that the land included within the urban
2974 service boundary is served or is planned to be served with
2975 adequate public facilities and services based on the local
2976 government’s adopted level-of-service standards by adopting a
2977 10-year facilities plan in the capital improvements element
2978 which is financially feasible. The local government shall
2979 demonstrate that the amount of land within the urban service
2980 boundary does not exceed the amount of land needed to
2981 accommodate the projected population growth at densities
2982 consistent with the adopted comprehensive plan within the 10
2983 year planning timeframe.
2984 (a) As part of the process of establishing an urban service
2985 boundary, the local government must hold two public meetings
2986 with at least one of those meetings before the local planning
2987 agency. Before those public meetings, the local government must
2988 hold at least one public workshop with stakeholder groups such
2989 as neighborhood associations, community organizations,
2990 businesses, private property owners, housing and development
2991 interests, and environmental organizations.
2992 (b)1. After the workshops and public meetings required
2993 under paragraph (a) are held, the local government may amend its
2994 comprehensive plan to include the urban service boundary. This
2995 plan amendment must be transmitted and adopted pursuant to the
2996 procedures in ss. 163.3184 and 163.3189 at meetings of the
2997 governing body other than those required under paragraph (a).
2998 2. This subsection does not prohibit new development
2999 outside an urban service boundary. However, a local government
3000 that establishes an urban service boundary under this subsection
3001 is encouraged to require a full-cost-accounting analysis for any
3002 new development outside the boundary and to consider the results
3003 of that analysis when adopting a plan amendment for property
3004 outside the established urban service boundary.
3005 (c) Amendments submitted under this subsection are exempt
3006 from the limitation on the frequency of plan amendments in s.
3007 163.3187.
3008 (d) A local government that has adopted an urban service
3009 boundary before July 1, 2005, which substantially accomplishes
3010 the goals set forth in this subsection is not required to comply
3011 with paragraph (a) or subparagraph 1. of paragraph (b) in order
3012 to be eligible for the incentives under s. 163.3184(17). In
3013 order to satisfy the provisions of this paragraph, the local
3014 government must secure a determination from the state land
3015 planning agency that the urban service boundary adopted before
3016 July 1, 2005, substantially complies with the criteria of this
3017 subsection, based on data and analysis submitted by the local
3018 government to support this determination. The determination by
3019 the state land planning agency is not subject to administrative
3020 challenge.
3021 (7)(15)(a) The Legislature finds that:
3022 1. There are a number of rural agricultural industrial
3023 centers in the state that process, produce, or aid in the
3024 production or distribution of a variety of agriculturally based
3025 products, including, but not limited to, fruits, vegetables,
3026 timber, and other crops, and juices, paper, and building
3027 materials. Rural agricultural industrial centers have a
3028 significant amount of existing associated infrastructure that is
3029 used for processing, producing, or distributing agricultural
3030 products.
3031 2. Such rural agricultural industrial centers are often
3032 located within or near communities in which the economy is
3033 largely dependent upon agriculture and agriculturally based
3034 products. The centers significantly enhance the economy of such
3035 communities. However, these agriculturally based communities are
3036 often socioeconomically challenged and designated as rural areas
3037 of critical economic concern. If such rural agricultural
3038 industrial centers are lost and not replaced with other job
3039 creating enterprises, the agriculturally based communities will
3040 lose a substantial amount of their economies.
3041 3. The state has a compelling interest in preserving the
3042 viability of agriculture and protecting rural agricultural
3043 communities and the state from the economic upheaval that would
3044 result from short-term or long-term adverse changes in the
3045 agricultural economy. To protect these communities and promote
3046 viable agriculture for the long term, it is essential to
3047 encourage and permit diversification of existing rural
3048 agricultural industrial centers by providing for jobs that are
3049 not solely dependent upon, but are compatible with and
3050 complement, existing agricultural industrial operations and to
3051 encourage the creation and expansion of industries that use
3052 agricultural products in innovative ways. However, the expansion
3053 and diversification of these existing centers must be
3054 accomplished in a manner that does not promote urban sprawl into
3055 surrounding agricultural and rural areas.
3056 (b) As used in this subsection, the term “rural
3057 agricultural industrial center” means a developed parcel of land
3058 in an unincorporated area on which there exists an operating
3059 agricultural industrial facility or facilities that employ at
3060 least 200 full-time employees in the aggregate and process and
3061 prepare for transport a farm product, as defined in s. 163.3162,
3062 or any biomass material that could be used, directly or
3063 indirectly, for the production of fuel, renewable energy,
3064 bioenergy, or alternative fuel as defined by law. The center may
3065 also include land contiguous to the facility site which is not
3066 used for the cultivation of crops, but on which other existing
3067 activities essential to the operation of such facility or
3068 facilities are located or conducted. The parcel of land must be
3069 located within, or within 10 miles of, a rural area of critical
3070 economic concern.
3071 (c)1. A landowner whose land is located within a rural
3072 agricultural industrial center may apply for an amendment to the
3073 local government comprehensive plan for the purpose of
3074 designating and expanding the existing agricultural industrial
3075 uses of facilities located within the center or expanding the
3076 existing center to include industrial uses or facilities that
3077 are not dependent upon but are compatible with agriculture and
3078 the existing uses and facilities. A local government
3079 comprehensive plan amendment under this paragraph must:
3080 a. Not increase the physical area of the existing rural
3081 agricultural industrial center by more than 50 percent or 320
3082 acres, whichever is greater.
3083 b. Propose a project that would, upon completion, create at
3084 least 50 new full-time jobs.
3085 c. Demonstrate that sufficient infrastructure capacity
3086 exists or will be provided to support the expanded center at the
3087 level-of-service standards adopted in the local government
3088 comprehensive plan.
3089 d. Contain goals, objectives, and policies that will ensure
3090 that any adverse environmental impacts of the expanded center
3091 will be adequately addressed and mitigation implemented or
3092 demonstrate that the local government comprehensive plan
3093 contains such provisions.
3094 2. Within 6 months after receiving an application as
3095 provided in this paragraph, the local government shall transmit
3096 the application to the state land planning agency for review
3097 pursuant to this chapter together with any needed amendments to
3098 the applicable sections of its comprehensive plan to include
3099 goals, objectives, and policies that provide for the expansion
3100 of rural agricultural industrial centers and discourage urban
3101 sprawl in the surrounding areas. Such goals, objectives, and
3102 policies must promote and be consistent with the findings in
3103 this subsection. An amendment that meets the requirements of
3104 this subsection is presumed not to be urban sprawl as defined in
3105 s. 163.3164 consistent with rule 9J-5.006(5), Florida
3106 Administrative Code. This presumption may be rebutted by a
3107 preponderance of the evidence.
3108 (d) This subsection does not apply to a an optional sector
3109 plan adopted pursuant to s. 163.3245, a rural land stewardship
3110 area designated pursuant to s. 163.3248 subsection (11), or any
3111 comprehensive plan amendment that includes an inland port
3112 terminal or affiliated port development.
3113 (e) Nothing in this subsection shall be construed to confer
3114 the status of rural area of critical economic concern, or any of
3115 the rights or benefits derived from such status, on any land
3116 area not otherwise designated as such pursuant to s.
3117 288.0656(7).
3118 Section 13. Section 163.31777, Florida Statutes, is amended
3119 to read:
3120 163.31777 Public schools interlocal agreement.—
3121 (1)(a) The county and municipalities located within the
3122 geographic area of a school district shall enter into an
3123 interlocal agreement with the district school board which
3124 jointly establishes the specific ways in which the plans and
3125 processes of the district school board and the local governments
3126 are to be coordinated. The interlocal agreements shall be
3127 submitted to the state land planning agency and the Office of
3128 Educational Facilities in accordance with a schedule published
3129 by the state land planning agency.
3130 (b) The schedule must establish staggered due dates for
3131 submission of interlocal agreements that are executed by both
3132 the local government and the district school board, commencing
3133 on March 1, 2003, and concluding by December 1, 2004, and must
3134 set the same date for all governmental entities within a school
3135 district. However, if the county where the school district is
3136 located contains more than 20 municipalities, the state land
3137 planning agency may establish staggered due dates for the
3138 submission of interlocal agreements by these municipalities. The
3139 schedule must begin with those areas where both the number of
3140 districtwide capital-outlay full-time-equivalent students equals
3141 80 percent or more of the current year’s school capacity and the
3142 projected 5-year student growth is 1,000 or greater, or where
3143 the projected 5-year student growth rate is 10 percent or
3144 greater.
3145 (c) If the student population has declined over the 5-year
3146 period preceding the due date for submittal of an interlocal
3147 agreement by the local government and the district school board,
3148 the local government and the district school board may petition
3149 the state land planning agency for a waiver of one or more
3150 requirements of subsection (2). The waiver must be granted if
3151 the procedures called for in subsection (2) are unnecessary
3152 because of the school district’s declining school age
3153 population, considering the district’s 5-year facilities work
3154 program prepared pursuant to s. 1013.35. The state land planning
3155 agency may modify or revoke the waiver upon a finding that the
3156 conditions upon which the waiver was granted no longer exist.
3157 The district school board and local governments must submit an
3158 interlocal agreement within 1 year after notification by the
3159 state land planning agency that the conditions for a waiver no
3160 longer exist.
3161 (d) Interlocal agreements between local governments and
3162 district school boards adopted pursuant to s. 163.3177 before
3163 the effective date of this section must be updated and executed
3164 pursuant to the requirements of this section, if necessary.
3165 Amendments to interlocal agreements adopted pursuant to this
3166 section must be submitted to the state land planning agency
3167 within 30 days after execution by the parties for review
3168 consistent with this section. Local governments and the district
3169 school board in each school district are encouraged to adopt a
3170 single interlocal agreement to which all join as parties. The
3171 state land planning agency shall assemble and make available
3172 model interlocal agreements meeting the requirements of this
3173 section and notify local governments and, jointly with the
3174 Department of Education, the district school boards of the
3175 requirements of this section, the dates for compliance, and the
3176 sanctions for noncompliance. The state land planning agency
3177 shall be available to informally review proposed interlocal
3178 agreements. If the state land planning agency has not received a
3179 proposed interlocal agreement for informal review, the state
3180 land planning agency shall, at least 60 days before the deadline
3181 for submission of the executed agreement, renotify the local
3182 government and the district school board of the upcoming
3183 deadline and the potential for sanctions.
3184 (2) At a minimum, the interlocal agreement must address
3185 interlocal-agreement requirements in s. 163.3180(13)(g), except
3186 for exempt local governments as provided in s. 163.3177(12), and
3187 must address the following issues:
3188 (a) A process by which each local government and the
3189 district school board agree and base their plans on consistent
3190 projections of the amount, type, and distribution of population
3191 growth and student enrollment. The geographic distribution of
3192 jurisdiction-wide growth forecasts is a major objective of the
3193 process.
3194 (b) A process to coordinate and share information relating
3195 to existing and planned public school facilities, including
3196 school renovations and closures, and local government plans for
3197 development and redevelopment.
3198 (c) Participation by affected local governments with the
3199 district school board in the process of evaluating potential
3200 school closures, significant renovations to existing schools,
3201 and new school site selection before land acquisition. Local
3202 governments shall advise the district school board as to the
3203 consistency of the proposed closure, renovation, or new site
3204 with the local comprehensive plan, including appropriate
3205 circumstances and criteria under which a district school board
3206 may request an amendment to the comprehensive plan for school
3207 siting.
3208 (d) A process for determining the need for and timing of
3209 onsite and offsite improvements to support new, proposed
3210 expansion, or redevelopment of existing schools. The process
3211 must address identification of the party or parties responsible
3212 for the improvements.
3213 (e) A process for the school board to inform the local
3214 government regarding the effect of comprehensive plan amendments
3215 on school capacity. The capacity reporting must be consistent
3216 with laws and rules relating to measurement of school facility
3217 capacity and must also identify how the district school board
3218 will meet the public school demand based on the facilities work
3219 program adopted pursuant to s. 1013.35.
3220 (f) Participation of the local governments in the
3221 preparation of the annual update to the district school board’s
3222 5-year district facilities work program and educational plant
3223 survey prepared pursuant to s. 1013.35.
3224 (g) A process for determining where and how joint use of
3225 either school board or local government facilities can be shared
3226 for mutual benefit and efficiency.
3227 (h) A procedure for the resolution of disputes between the
3228 district school board and local governments, which may include
3229 the dispute resolution processes contained in chapters 164 and
3230 186.
3231 (i) An oversight process, including an opportunity for
3232 public participation, for the implementation of the interlocal
3233 agreement.
3234 (3)(a) The Office of Educational Facilities shall submit
3235 any comments or concerns regarding the executed interlocal
3236 agreement to the state land planning agency within 30 days after
3237 receipt of the executed interlocal agreement. The state land
3238 planning agency shall review the executed interlocal agreement
3239 to determine whether it is consistent with the requirements of
3240 subsection (2), the adopted local government comprehensive plan,
3241 and other requirements of law. Within 60 days after receipt of
3242 an executed interlocal agreement, the state land planning agency
3243 shall publish a notice of intent in the Florida Administrative
3244 Weekly and shall post a copy of the notice on the agency’s
3245 Internet site. The notice of intent must state whether the
3246 interlocal agreement is consistent or inconsistent with the
3247 requirements of subsection (2) and this subsection, as
3248 appropriate.
3249 (b) The state land planning agency’s notice is subject to
3250 challenge under chapter 120; however, an affected person, as
3251 defined in s. 163.3184(1)(a), has standing to initiate the
3252 administrative proceeding, and this proceeding is the sole means
3253 available to challenge the consistency of an interlocal
3254 agreement required by this section with the criteria contained
3255 in subsection (2) and this subsection. In order to have
3256 standing, each person must have submitted oral or written
3257 comments, recommendations, or objections to the local government
3258 or the school board before the adoption of the interlocal
3259 agreement by the school board and local government. The district
3260 school board and local governments are parties to any such
3261 proceeding. In this proceeding, when the state land planning
3262 agency finds the interlocal agreement to be consistent with the
3263 criteria in subsection (2) and this subsection, the interlocal
3264 agreement shall be determined to be consistent with subsection
3265 (2) and this subsection if the local government’s and school
3266 board’s determination of consistency is fairly debatable. When
3267 the state planning agency finds the interlocal agreement to be
3268 inconsistent with the requirements of subsection (2) and this
3269 subsection, the local government’s and school board’s
3270 determination of consistency shall be sustained unless it is
3271 shown by a preponderance of the evidence that the interlocal
3272 agreement is inconsistent.
3273 (c) If the state land planning agency enters a final order
3274 that finds that the interlocal agreement is inconsistent with
3275 the requirements of subsection (2) or this subsection, it shall
3276 forward it to the Administration Commission, which may impose
3277 sanctions against the local government pursuant to s.
3278 163.3184(11) and may impose sanctions against the district
3279 school board by directing the Department of Education to
3280 withhold from the district school board an equivalent amount of
3281 funds for school construction available pursuant to ss. 1013.65,
3282 1013.68, 1013.70, and 1013.72.
3283 (4) If an executed interlocal agreement is not timely
3284 submitted to the state land planning agency for review, the
3285 state land planning agency shall, within 15 working days after
3286 the deadline for submittal, issue to the local government and
3287 the district school board a Notice to Show Cause why sanctions
3288 should not be imposed for failure to submit an executed
3289 interlocal agreement by the deadline established by the agency.
3290 The agency shall forward the notice and the responses to the
3291 Administration Commission, which may enter a final order citing
3292 the failure to comply and imposing sanctions against the local
3293 government and district school board by directing the
3294 appropriate agencies to withhold at least 5 percent of state
3295 funds pursuant to s. 163.3184(11) and by directing the
3296 Department of Education to withhold from the district school
3297 board at least 5 percent of funds for school construction
3298 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
3299 1013.72.
3300 (5) Any local government transmitting a public school
3301 element to implement school concurrency pursuant to the
3302 requirements of s. 163.3180 before the effective date of this
3303 section is not required to amend the element or any interlocal
3304 agreement to conform with the provisions of this section if the
3305 element is adopted prior to or within 1 year after the effective
3306 date of this section and remains in effect until the county
3307 conducts its evaluation and appraisal report and identifies
3308 changes necessary to more fully conform to the provisions of
3309 this section.
3310 (6) Except as provided in subsection (7), municipalities
3311 meeting the exemption criteria in s. 163.3177(12) are exempt
3312 from the requirements of subsections (1), (2), and (3).
3313 (7) At the time of the evaluation and appraisal report,
3314 each exempt municipality shall assess the extent to which it
3315 continues to meet the criteria for exemption under s.
3316 163.3177(12). If the municipality continues to meet these
3317 criteria, the municipality shall continue to be exempt from the
3318 interlocal-agreement requirement. Each municipality exempt under
3319 s. 163.3177(12) must comply with the provisions of this section
3320 within 1 year after the district school board proposes, in its
3321 5-year district facilities work program, a new school within the
3322 municipality’s jurisdiction.
3323 Section 14. Subsection (9) of section 163.3178, Florida
3324 Statutes, is amended to read:
3325 163.3178 Coastal management.—
3326 (9)(a) Local governments may elect to comply with rule 9J
3327 5.012(3)(b)6. and 7., Florida Administrative Code, through the
3328 process provided in this section. A proposed comprehensive plan
3329 amendment shall be found in compliance with state coastal high
3330 hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3331 Florida Administrative Code, if:
3332 1. The adopted level of service for out-of-county hurricane
3333 evacuation is maintained for a category 5 storm event as
3334 measured on the Saffir-Simpson scale;
3335 2. A 12-hour evacuation time to shelter is maintained for a
3336 category 5 storm event as measured on the Saffir-Simpson scale
3337 and shelter space reasonably expected to accommodate the
3338 residents of the development contemplated by a proposed
3339 comprehensive plan amendment is available; or
3340 3. Appropriate mitigation is provided that will satisfy the
3341 provisions of subparagraph 1. or subparagraph 2. Appropriate
3342 mitigation shall include, without limitation, payment of money,
3343 contribution of land, and construction of hurricane shelters and
3344 transportation facilities. Required mitigation shall not exceed
3345 the amount required for a developer to accommodate impacts
3346 reasonably attributable to development. A local government and a
3347 developer shall enter into a binding agreement to memorialize
3348 the mitigation plan.
3349 (b) For those local governments that have not established a
3350 level of service for out-of-county hurricane evacuation by July
3351 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
3352 Florida Administrative Code, by following the process in
3353 paragraph (a), the level of service shall be no greater than 16
3354 hours for a category 5 storm event as measured on the Saffir
3355 Simpson scale.
3356 (c) This subsection shall become effective immediately and
3357 shall apply to all local governments. No later than July 1,
3358 2008, local governments shall amend their future land use map
3359 and coastal management element to include the new definition of
3360 coastal high-hazard area and to depict the coastal high-hazard
3361 area on the future land use map.
3362 Section 15. Section 163.3180, Florida Statutes, is amended
3363 to read:
3364 163.3180 Concurrency.—
3365 (1)(a) Sanitary sewer, solid waste, drainage, and potable
3366 water, parks and recreation, schools, and transportation
3367 facilities, including mass transit, where applicable, are the
3368 only public facilities and services subject to the concurrency
3369 requirement on a statewide basis. Additional public facilities
3370 and services may not be made subject to concurrency on a
3371 statewide basis without appropriate study and approval by the
3372 Legislature; however, any local government may extend the
3373 concurrency requirement so that it applies to additional public
3374 facilities within its jurisdiction. If concurrency is applied to
3375 other public facilities, the local government comprehensive plan
3376 must provide the principles, guidelines, standards, and
3377 strategies, including adopted levels of service, to guide its
3378 application. In order for a local government to rescind any
3379 optional concurrency provisions, a comprehensive plan amendment
3380 is required. An amendment rescinding optional concurrency issues
3381 is not subject to state review. The local government
3382 comprehensive plan must demonstrate, for required or optional
3383 concurrency requirements, that the levels of service adopted can
3384 be reasonably met. Infrastructure needed to ensure that adopted
3385 level-of-service standards are achieved and maintained for the
3386 5-year period of the capital improvement schedule must be
3387 identified pursuant to the requirements of s. 163.3177(3).
3388 (b) Local governments shall use professionally accepted
3389 techniques for measuring level of service for automobiles,
3390 bicycles, pedestrians, transit, and trucks. These techniques may
3391 be used to evaluate increased accessibility by multiple modes
3392 and reductions in vehicle miles of travel in an area or zone.
3393 The Department of Transportation shall develop methodologies to
3394 assist local governments in implementing this multimodal level
3395 of-service analysis. The Department of Community Affairs and the
3396 Department of Transportation shall provide technical assistance
3397 to local governments in applying these methodologies.
3398 (2)(a) Consistent with public health and safety, sanitary
3399 sewer, solid waste, drainage, adequate water supplies, and
3400 potable water facilities shall be in place and available to
3401 serve new development no later than the issuance by the local
3402 government of a certificate of occupancy or its functional
3403 equivalent. Prior to approval of a building permit or its
3404 functional equivalent, the local government shall consult with
3405 the applicable water supplier to determine whether adequate
3406 water supplies to serve the new development will be available no
3407 later than the anticipated date of issuance by the local
3408 government of a certificate of occupancy or its functional
3409 equivalent. A local government may meet the concurrency
3410 requirement for sanitary sewer through the use of onsite sewage
3411 treatment and disposal systems approved by the Department of
3412 Health to serve new development.
3413 (b) Consistent with the public welfare, and except as
3414 otherwise provided in this section, parks and recreation
3415 facilities to serve new development shall be in place or under
3416 actual construction no later than 1 year after issuance by the
3417 local government of a certificate of occupancy or its functional
3418 equivalent. However, the acreage for such facilities shall be
3419 dedicated or be acquired by the local government prior to
3420 issuance by the local government of a certificate of occupancy
3421 or its functional equivalent, or funds in the amount of the
3422 developer’s fair share shall be committed no later than the
3423 local government’s approval to commence construction.
3424 (c) Consistent with the public welfare, and except as
3425 otherwise provided in this section, transportation facilities
3426 needed to serve new development shall be in place or under
3427 actual construction within 3 years after the local government
3428 approves a building permit or its functional equivalent that
3429 results in traffic generation.
3430 (3) Governmental entities that are not responsible for
3431 providing, financing, operating, or regulating public facilities
3432 needed to serve development may not establish binding level-of
3433 service standards on governmental entities that do bear those
3434 responsibilities. This subsection does not limit the authority
3435 of any agency to recommend or make objections, recommendations,
3436 comments, or determinations during reviews conducted under s.
3437 163.3184.
3438 (4)(a) The concurrency requirement as implemented in local
3439 comprehensive plans applies to state and other public facilities
3440 and development to the same extent that it applies to all other
3441 facilities and development, as provided by law.
3442 (b) The concurrency requirement as implemented in local
3443 comprehensive plans does not apply to public transit facilities.
3444 For the purposes of this paragraph, public transit facilities
3445 include transit stations and terminals; transit station parking;
3446 park-and-ride lots; intermodal public transit connection or
3447 transfer facilities; fixed bus, guideway, and rail stations; and
3448 airport passenger terminals and concourses, air cargo
3449 facilities, and hangars for the assembly, manufacture,
3450 maintenance, or storage of aircraft. As used in this paragraph,
3451 the terms “terminals” and “transit facilities” do not include
3452 seaports or commercial or residential development constructed in
3453 conjunction with a public transit facility.
3454 (c) The concurrency requirement, except as it relates to
3455 transportation facilities and public schools, as implemented in
3456 local government comprehensive plans, may be waived by a local
3457 government for urban infill and redevelopment areas designated
3458 pursuant to s. 163.2517 if such a waiver does not endanger
3459 public health or safety as defined by the local government in
3460 its local government comprehensive plan. The waiver shall be
3461 adopted as a plan amendment pursuant to the process set forth in
3462 s. 163.3187(3)(a). A local government may grant a concurrency
3463 exception pursuant to subsection (5) for transportation
3464 facilities located within these urban infill and redevelopment
3465 areas.
3466 (5)(a) If concurrency is applied to transportation
3467 facilities, the local government comprehensive plan must provide
3468 the principles, guidelines, standards, and strategies, including
3469 adopted levels of service to guide its application.
3470 (b) Local governments shall use professionally accepted
3471 studies to determine appropriate levels of service, which shall
3472 be based on a schedule of facilities that will be necessary to
3473 meet level-of-service demands reflected in the capital
3474 improvement element.
3475 (c) Local governments shall use professionally accepted
3476 techniques for measuring levels of service when evaluating
3477 potential impacts of a proposed development.
3478 (d) The premise of concurrency is that the public
3479 facilities will be provided in order to achieve and maintain the
3480 adopted level-of-service standard. A comprehensive plan that
3481 imposes transportation concurrency shall contain appropriate
3482 amendments to the capital improvements element of the
3483 comprehensive plan, consistent with the requirements of s.
3484 163.3177(3). The capital improvements element shall identify
3485 facilities necessary to meet adopted levels of service during a
3486 5-year period.
3487 (e) If a local government applies transportation
3488 concurrency in its jurisdiction, it is encouraged to develop
3489 policy guidelines and techniques to address potential negative
3490 impacts on future development:
3491 1. In urban infill and redevelopment and urban service
3492 areas.
3493 2. With special part-time demands on the transportation
3494 system.
3495 3. With de minimis impacts.
3496 4. On community desired types of development, such as
3497 redevelopment or job-creation projects.
3498 (f) Local governments are encouraged to develop tools and
3499 techniques to complement the application of transportation
3500 concurrency such as:
3501 1. Adoption of long-term strategies to facilitate
3502 development patterns that support multimodal solutions,
3503 including urban design and appropriate land use mixes, including
3504 intensity and density.
3505 2. Adoption of an areawide level of service not dependent
3506 on any single road segment function.
3507 3. Exempting or discounting impacts of locally desired
3508 development, such as development in urban areas, redevelopment,
3509 job creation, and mixed use on the transportation system.
3510 4. Assigning secondary priority to vehicle mobility and
3511 primary priority to ensuring a safe, comfortable, and attractive
3512 pedestrian environment, with convenient interconnection to
3513 transit.
3514 5. Establishing multimodal level-of-service standards that
3515 rely primarily on nonvehicular modes of transportation where
3516 existing or planned community design will provide adequate level
3517 of mobility.
3518 6. Reducing impact fees or local access fees to promote
3519 development within urban areas, multimodal transportation
3520 districts, and a balance of mixed use development in certain
3521 areas or districts, or for affordable or workforce housing.
3522 (g) Local governments are encouraged to coordinate with
3523 adjacent local governments for the purpose of using common
3524 methodologies for measuring impacts on transportation
3525 facilities.
3526 (h) Local governments that implement transportation
3527 concurrency must:
3528 1. Consult with the Department of Transportation when
3529 proposed plan amendments affect facilities on the strategic
3530 intermodal system.
3531 2. Exempt public transit facilities from concurrency. For
3532 the purposes of this subparagraph, public transit facilities
3533 include transit stations and terminals; transit station parking;
3534 park-and-ride lots; intermodal public transit connection or
3535 transfer facilities; fixed bus, guideway, and rail stations; and
3536 airport passenger terminals and concourses, air cargo
3537 facilities, and hangars for the assembly, manufacture,
3538 maintenance, or storage of aircraft. As used in this
3539 subparagraph, the terms “terminals” and “transit facilities” do
3540 not include seaports or commercial or residential development
3541 constructed in conjunction with a public transit facility.
3542 3. Allow an applicant for a development of regional impact
3543 development order, a rezoning, or other land use development
3544 permit to satisfy the transportation concurrency requirements of
3545 the local comprehensive plan, the local government’s concurrency
3546 management system, and s. 380.06, when applicable, if:
3547 a. The applicant enters into a binding agreement to pay for
3548 or construct its proportionate share of required improvements.
3549 b. The proportionate-share contribution or construction is
3550 sufficient to accomplish one or more mobility improvements that
3551 will benefit a regionally significant transportation facility.
3552 c. The local government has provided a means by which the
3553 landowner will be assessed a proportionate share of the cost of
3554 providing the transportation facilities necessary to serve the
3555 proposed development.
3556
3557 When an applicant contributes or constructs its proportionate
3558 share, pursuant to this subparagraph, a local government may not
3559 require payment or construction of transportation facilities
3560 whose costs would be greater than a development’s proportionate
3561 share of the improvements necessary to mitigate the
3562 development’s impacts. The proportionate-share contribution
3563 shall be calculated based upon the number of trips from the
3564 proposed development expected to reach roadways during the peak
3565 hour from the stage or phase being approved, divided by the
3566 change in the peak hour maximum service volume of roadways
3567 resulting from construction of an improvement necessary to
3568 maintain or achieve the adopted level of service, multiplied by
3569 the construction cost, at the time of developer payment, of the
3570 improvement necessary to maintain or achieve the adopted level
3571 of service. In using the proportionate-share formula provided in
3572 this paragraph, the applicant, in its traffic analysis, shall
3573 establish those roads or facilities that have a transportation
3574 deficiency in accordance with the transportation deficiency
3575 definition provided in paragraph (b). The proportionate share
3576 formula provided in this paragraph shall be applied only to
3577 those transportation facilities that are determined to be
3578 significantly and adversely impacted by the project traffic
3579 under review. If any road is determined to be transportation
3580 deficient without the project traffic under review, the costs of
3581 that said deficiency shall be removed from the project’s
3582 proportionate share calculation. The identified improvement to
3583 correct the said transportation deficiency is the funding
3584 responsibility of the entity that has maintenance responsibility
3585 for the facility. If additional improvements, beyond those
3586 improvements necessary to correct the existing or projected
3587 deficiency, would be needed for an identified deficient
3588 facility, the necessary transportation improvements to correct
3589 the said deficiency shall be considered to be in place for
3590 purposes of the proportionate share calculation. The
3591 development’s proportionate share shall be calculated only for
3592 the needed transportation improvements that are greater than the
3593 identified deficiency. In projecting the number of trips to be
3594 generated by the development under review, any trips assigned to
3595 a toll-financed facility shall be eliminated from the analysis.
3596 (a) The Legislature finds that under limited circumstances,
3597 countervailing planning and public policy goals may come into
3598 conflict with the requirement that adequate public
3599 transportation facilities and services be available concurrent
3600 with the impacts of such development. The Legislature further
3601 finds that the unintended result of the concurrency requirement
3602 for transportation facilities is often the discouragement of
3603 urban infill development and redevelopment. Such unintended
3604 results directly conflict with the goals and policies of the
3605 state comprehensive plan and the intent of this part. The
3606 Legislature also finds that in urban centers transportation
3607 cannot be effectively managed and mobility cannot be improved
3608 solely through the expansion of roadway capacity, that the
3609 expansion of roadway capacity is not always physically or
3610 financially possible, and that a range of transportation
3611 alternatives is essential to satisfy mobility needs, reduce
3612 congestion, and achieve healthy, vibrant centers.
3613 (b)1. The following are transportation concurrency
3614 exception areas:
3615 a. A municipality that qualifies as a dense urban land area
3616 under s. 163.3164;
3617 b. An urban service area under s. 163.3164 that has been
3618 adopted into the local comprehensive plan and is located within
3619 a county that qualifies as a dense urban land area under s.
3620 163.3164; and
3621 c. A county, including the municipalities located therein,
3622 which has a population of at least 900,000 and qualifies as a
3623 dense urban land area under s. 163.3164, but does not have an
3624 urban service area designated in the local comprehensive plan.
3625 2. A municipality that does not qualify as a dense urban
3626 land area pursuant to s. 163.3164 may designate in its local
3627 comprehensive plan the following areas as transportation
3628 concurrency exception areas:
3629 a. Urban infill as defined in s. 163.3164;
3630 b. Community redevelopment areas as defined in s. 163.340;
3631 c. Downtown revitalization areas as defined in s. 163.3164;
3632 d. Urban infill and redevelopment under s. 163.2517; or
3633 e. Urban service areas as defined in s. 163.3164 or areas
3634 within a designated urban service boundary under s.
3635 163.3177(14).
3636 3. A county that does not qualify as a dense urban land
3637 area pursuant to s. 163.3164 may designate in its local
3638 comprehensive plan the following areas as transportation
3639 concurrency exception areas:
3640 a. Urban infill as defined in s. 163.3164;
3641 b. Urban infill and redevelopment under s. 163.2517; or
3642 c. Urban service areas as defined in s. 163.3164.
3643 4. A local government that has a transportation concurrency
3644 exception area designated pursuant to subparagraph 1.,
3645 subparagraph 2., or subparagraph 3. shall, within 2 years after
3646 the designated area becomes exempt, adopt into its local
3647 comprehensive plan land use and transportation strategies to
3648 support and fund mobility within the exception area, including
3649 alternative modes of transportation. Local governments are
3650 encouraged to adopt complementary land use and transportation
3651 strategies that reflect the region’s shared vision for its
3652 future. If the state land planning agency finds insufficient
3653 cause for the failure to adopt into its comprehensive plan land
3654 use and transportation strategies to support and fund mobility
3655 within the designated exception area after 2 years, it shall
3656 submit the finding to the Administration Commission, which may
3657 impose any of the sanctions set forth in s. 163.3184(11)(a) and
3658 (b) against the local government.
3659 5. Transportation concurrency exception areas designated
3660 pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3661 do not apply to designated transportation concurrency districts
3662 located within a county that has a population of at least 1.5
3663 million, has implemented and uses a transportation-related
3664 concurrency assessment to support alternative modes of
3665 transportation, including, but not limited to, mass transit, and
3666 does not levy transportation impact fees within the concurrency
3667 district.
3668 6. Transportation concurrency exception areas designated
3669 under subparagraph 1., subparagraph 2., or subparagraph 3. do
3670 not apply in any county that has exempted more than 40 percent
3671 of the area inside the urban service area from transportation
3672 concurrency for the purpose of urban infill.
3673 7. A local government that does not have a transportation
3674 concurrency exception area designated pursuant to subparagraph
3675 1., subparagraph 2., or subparagraph 3. may grant an exception
3676 from the concurrency requirement for transportation facilities
3677 if the proposed development is otherwise consistent with the
3678 adopted local government comprehensive plan and is a project
3679 that promotes public transportation or is located within an area
3680 designated in the comprehensive plan for:
3681 a. Urban infill development;
3682 b. Urban redevelopment;
3683 c. Downtown revitalization;
3684 d. Urban infill and redevelopment under s. 163.2517; or
3685 e. An urban service area specifically designated as a
3686 transportation concurrency exception area which includes lands
3687 appropriate for compact, contiguous urban development, which
3688 does not exceed the amount of land needed to accommodate the
3689 projected population growth at densities consistent with the
3690 adopted comprehensive plan within the 10-year planning period,
3691 and which is served or is planned to be served with public
3692 facilities and services as provided by the capital improvements
3693 element.
3694 (c) The Legislature also finds that developments located
3695 within urban infill, urban redevelopment, urban service, or
3696 downtown revitalization areas or areas designated as urban
3697 infill and redevelopment areas under s. 163.2517, which pose
3698 only special part-time demands on the transportation system, are
3699 exempt from the concurrency requirement for transportation
3700 facilities. A special part-time demand is one that does not have
3701 more than 200 scheduled events during any calendar year and does
3702 not affect the 100 highest traffic volume hours.
3703 (d) Except for transportation concurrency exception areas
3704 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3705 or subparagraph (b)3., the following requirements apply:
3706 1. The local government shall both adopt into the
3707 comprehensive plan and implement long-term strategies to support
3708 and fund mobility within the designated exception area,
3709 including alternative modes of transportation. The plan
3710 amendment must also demonstrate how strategies will support the
3711 purpose of the exception and how mobility within the designated
3712 exception area will be provided.
3713 2. The strategies must address urban design; appropriate
3714 land use mixes, including intensity and density; and network
3715 connectivity plans needed to promote urban infill,
3716 redevelopment, or downtown revitalization. The comprehensive
3717 plan amendment designating the concurrency exception area must
3718 be accompanied by data and analysis supporting the local
3719 government’s determination of the boundaries of the
3720 transportation concurrency exception area.
3721 (e) Before designating a concurrency exception area
3722 pursuant to subparagraph (b)7., the state land planning agency
3723 and the Department of Transportation shall be consulted by the
3724 local government to assess the impact that the proposed
3725 exception area is expected to have on the adopted level-of
3726 service standards established for regional transportation
3727 facilities identified pursuant to s. 186.507, including the
3728 Strategic Intermodal System and roadway facilities funded in
3729 accordance with s. 339.2819. Further, the local government shall
3730 provide a plan for the mitigation of impacts to the Strategic
3731 Intermodal System, including, if appropriate, access management,
3732 parallel reliever roads, transportation demand management, and
3733 other measures.
3734 (f) The designation of a transportation concurrency
3735 exception area does not limit a local government’s home rule
3736 power to adopt ordinances or impose fees. This subsection does
3737 not affect any contract or agreement entered into or development
3738 order rendered before the creation of the transportation
3739 concurrency exception area except as provided in s.
3740 380.06(29)(e).
3741 (g) The Office of Program Policy Analysis and Government
3742 Accountability shall submit to the President of the Senate and
3743 the Speaker of the House of Representatives by February 1, 2015,
3744 a report on transportation concurrency exception areas created
3745 pursuant to this subsection. At a minimum, the report shall
3746 address the methods that local governments have used to
3747 implement and fund transportation strategies to achieve the
3748 purposes of designated transportation concurrency exception
3749 areas, and the effects of the strategies on mobility,
3750 congestion, urban design, the density and intensity of land use
3751 mixes, and network connectivity plans used to promote urban
3752 infill, redevelopment, or downtown revitalization.
3753 (6) The Legislature finds that a de minimis impact is
3754 consistent with this part. A de minimis impact is an impact that
3755 would not affect more than 1 percent of the maximum volume at
3756 the adopted level of service of the affected transportation
3757 facility as determined by the local government. No impact will
3758 be de minimis if the sum of existing roadway volumes and the
3759 projected volumes from approved projects on a transportation
3760 facility would exceed 110 percent of the maximum volume at the
3761 adopted level of service of the affected transportation
3762 facility; provided however, that an impact of a single family
3763 home on an existing lot will constitute a de minimis impact on
3764 all roadways regardless of the level of the deficiency of the
3765 roadway. Further, no impact will be de minimis if it would
3766 exceed the adopted level-of-service standard of any affected
3767 designated hurricane evacuation routes. Each local government
3768 shall maintain sufficient records to ensure that the 110-percent
3769 criterion is not exceeded. Each local government shall submit
3770 annually, with its updated capital improvements element, a
3771 summary of the de minimis records. If the state land planning
3772 agency determines that the 110-percent criterion has been
3773 exceeded, the state land planning agency shall notify the local
3774 government of the exceedance and that no further de minimis
3775 exceptions for the applicable roadway may be granted until such
3776 time as the volume is reduced below the 110 percent. The local
3777 government shall provide proof of this reduction to the state
3778 land planning agency before issuing further de minimis
3779 exceptions.
3780 (7) In order to promote infill development and
3781 redevelopment, one or more transportation concurrency management
3782 areas may be designated in a local government comprehensive
3783 plan. A transportation concurrency management area must be a
3784 compact geographic area with an existing network of roads where
3785 multiple, viable alternative travel paths or modes are available
3786 for common trips. A local government may establish an areawide
3787 level-of-service standard for such a transportation concurrency
3788 management area based upon an analysis that provides for a
3789 justification for the areawide level of service, how urban
3790 infill development or redevelopment will be promoted, and how
3791 mobility will be accomplished within the transportation
3792 concurrency management area. Prior to the designation of a
3793 concurrency management area, the Department of Transportation
3794 shall be consulted by the local government to assess the impact
3795 that the proposed concurrency management area is expected to
3796 have on the adopted level-of-service standards established for
3797 Strategic Intermodal System facilities, as defined in s. 339.64,
3798 and roadway facilities funded in accordance with s. 339.2819.
3799 Further, the local government shall, in cooperation with the
3800 Department of Transportation, develop a plan to mitigate any
3801 impacts to the Strategic Intermodal System, including, if
3802 appropriate, the development of a long-term concurrency
3803 management system pursuant to subsection (9) and s.
3804 163.3177(3)(d). Transportation concurrency management areas
3805 existing prior to July 1, 2005, shall meet, at a minimum, the
3806 provisions of this section by July 1, 2006, or at the time of
3807 the comprehensive plan update pursuant to the evaluation and
3808 appraisal report, whichever occurs last. The state land planning
3809 agency shall amend chapter 9J-5, Florida Administrative Code, to
3810 be consistent with this subsection.
3811 (8) When assessing the transportation impacts of proposed
3812 urban redevelopment within an established existing urban service
3813 area, 110 percent of the actual transportation impact caused by
3814 the previously existing development must be reserved for the
3815 redevelopment, even if the previously existing development has a
3816 lesser or nonexisting impact pursuant to the calculations of the
3817 local government. Redevelopment requiring less than 110 percent
3818 of the previously existing capacity shall not be prohibited due
3819 to the reduction of transportation levels of service below the
3820 adopted standards. This does not preclude the appropriate
3821 assessment of fees or accounting for the impacts within the
3822 concurrency management system and capital improvements program
3823 of the affected local government. This paragraph does not affect
3824 local government requirements for appropriate development
3825 permits.
3826 (9)(a) Each local government may adopt as a part of its
3827 plan, long-term transportation and school concurrency management
3828 systems with a planning period of up to 10 years for specially
3829 designated districts or areas where significant backlogs exist.
3830 The plan may include interim level-of-service standards on
3831 certain facilities and shall rely on the local government’s
3832 schedule of capital improvements for up to 10 years as a basis
3833 for issuing development orders that authorize commencement of
3834 construction in these designated districts or areas. The
3835 concurrency management system must be designed to correct
3836 existing deficiencies and set priorities for addressing
3837 backlogged facilities. The concurrency management system must be
3838 financially feasible and consistent with other portions of the
3839 adopted local plan, including the future land use map.
3840 (b) If a local government has a transportation or school
3841 facility backlog for existing development which cannot be
3842 adequately addressed in a 10-year plan, the state land planning
3843 agency may allow it to develop a plan and long-term schedule of
3844 capital improvements covering up to 15 years for good and
3845 sufficient cause, based on a general comparison between that
3846 local government and all other similarly situated local
3847 jurisdictions, using the following factors:
3848 1. The extent of the backlog.
3849 2. For roads, whether the backlog is on local or state
3850 roads.
3851 3. The cost of eliminating the backlog.
3852 4. The local government’s tax and other revenue-raising
3853 efforts.
3854 (c) The local government may issue approvals to commence
3855 construction notwithstanding this section, consistent with and
3856 in areas that are subject to a long-term concurrency management
3857 system.
3858 (d) If the local government adopts a long-term concurrency
3859 management system, it must evaluate the system periodically. At
3860 a minimum, the local government must assess its progress toward
3861 improving levels of service within the long-term concurrency
3862 management district or area in the evaluation and appraisal
3863 report and determine any changes that are necessary to
3864 accelerate progress in meeting acceptable levels of service.
3865 (10) Except in transportation concurrency exception areas,
3866 with regard to roadway facilities on the Strategic Intermodal
3867 System designated in accordance with s. 339.63, local
3868 governments shall adopt the level-of-service standard
3869 established by the Department of Transportation by rule.
3870 However, if the Office of Tourism, Trade, and Economic
3871 Development concurs in writing with the local government that
3872 the proposed development is for a qualified job creation project
3873 under s. 288.0656 or s. 403.973, the affected local government,
3874 after consulting with the Department of Transportation, may
3875 provide for a waiver of transportation concurrency for the
3876 project. For all other roads on the State Highway System, local
3877 governments shall establish an adequate level-of-service
3878 standard that need not be consistent with any level-of-service
3879 standard established by the Department of Transportation. In
3880 establishing adequate level-of-service standards for any
3881 arterial roads, or collector roads as appropriate, which
3882 traverse multiple jurisdictions, local governments shall
3883 consider compatibility with the roadway facility’s adopted
3884 level-of-service standards in adjacent jurisdictions. Each local
3885 government within a county shall use a professionally accepted
3886 methodology for measuring impacts on transportation facilities
3887 for the purposes of implementing its concurrency management
3888 system. Counties are encouraged to coordinate with adjacent
3889 counties, and local governments within a county are encouraged
3890 to coordinate, for the purpose of using common methodologies for
3891 measuring impacts on transportation facilities for the purpose
3892 of implementing their concurrency management systems.
3893 (11) In order to limit the liability of local governments,
3894 a local government may allow a landowner to proceed with
3895 development of a specific parcel of land notwithstanding a
3896 failure of the development to satisfy transportation
3897 concurrency, when all the following factors are shown to exist:
3898 (a) The local government with jurisdiction over the
3899 property has adopted a local comprehensive plan that is in
3900 compliance.
3901 (b) The proposed development would be consistent with the
3902 future land use designation for the specific property and with
3903 pertinent portions of the adopted local plan, as determined by
3904 the local government.
3905 (c) The local plan includes a financially feasible capital
3906 improvements element that provides for transportation facilities
3907 adequate to serve the proposed development, and the local
3908 government has not implemented that element.
3909 (d) The local government has provided a means by which the
3910 landowner will be assessed a fair share of the cost of providing
3911 the transportation facilities necessary to serve the proposed
3912 development.
3913 (e) The landowner has made a binding commitment to the
3914 local government to pay the fair share of the cost of providing
3915 the transportation facilities to serve the proposed development.
3916 (12)(a) A development of regional impact may satisfy the
3917 transportation concurrency requirements of the local
3918 comprehensive plan, the local government’s concurrency
3919 management system, and s. 380.06 by payment of a proportionate
3920 share contribution for local and regionally significant traffic
3921 impacts, if:
3922 1. The development of regional impact which, based on its
3923 location or mix of land uses, is designed to encourage
3924 pedestrian or other nonautomotive modes of transportation;
3925 2. The proportionate-share contribution for local and
3926 regionally significant traffic impacts is sufficient to pay for
3927 one or more required mobility improvements that will benefit a
3928 regionally significant transportation facility;
3929 3. The owner and developer of the development of regional
3930 impact pays or assures payment of the proportionate-share
3931 contribution; and
3932 4. If the regionally significant transportation facility to
3933 be constructed or improved is under the maintenance authority of
3934 a governmental entity, as defined by s. 334.03(12), other than
3935 the local government with jurisdiction over the development of
3936 regional impact, the developer is required to enter into a
3937 binding and legally enforceable commitment to transfer funds to
3938 the governmental entity having maintenance authority or to
3939 otherwise assure construction or improvement of the facility.
3940
3941 The proportionate-share contribution may be applied to any
3942 transportation facility to satisfy the provisions of this
3943 subsection and the local comprehensive plan, but, for the
3944 purposes of this subsection, the amount of the proportionate
3945 share contribution shall be calculated based upon the cumulative
3946 number of trips from the proposed development expected to reach
3947 roadways during the peak hour from the complete buildout of a
3948 stage or phase being approved, divided by the change in the peak
3949 hour maximum service volume of roadways resulting from
3950 construction of an improvement necessary to maintain the adopted
3951 level of service, multiplied by the construction cost, at the
3952 time of developer payment, of the improvement necessary to
3953 maintain the adopted level of service. For purposes of this
3954 subsection, “construction cost” includes all associated costs of
3955 the improvement. Proportionate-share mitigation shall be limited
3956 to ensure that a development of regional impact meeting the
3957 requirements of this subsection mitigates its impact on the
3958 transportation system but is not responsible for the additional
3959 cost of reducing or eliminating backlogs. This subsection also
3960 applies to Florida Quality Developments pursuant to s. 380.061
3961 and to detailed specific area plans implementing optional sector
3962 plans pursuant to s. 163.3245.
3963 (b) As used in this subsection, the term “backlog” means a
3964 facility or facilities on which the adopted level-of-service
3965 standard is exceeded by the existing trips, plus additional
3966 projected background trips from any source other than the
3967 development project under review that are forecast by
3968 established traffic standards, including traffic modeling,
3969 consistent with the University of Florida Bureau of Economic and
3970 Business Research medium population projections. Additional
3971 projected background trips are to be coincident with the
3972 particular stage or phase of development under review.
3973 (13) School concurrency shall be established on a
3974 districtwide basis and shall include all public schools in the
3975 district and all portions of the district, whether located in a
3976 municipality or an unincorporated area unless exempt from the
3977 public school facilities element pursuant to s. 163.3177(12).
3978 (6)(a) If concurrency is applied to public education
3979 facilities, The application of school concurrency to development
3980 shall be based upon the adopted comprehensive plan, as amended.
3981 all local governments within a county, except as provided in
3982 paragraph (i) (f), shall include principles, guidelines,
3983 standards, and strategies, including adopted levels of service,
3984 in their comprehensive plans and adopt and transmit to the state
3985 land planning agency the necessary plan amendments, along with
3986 the interlocal agreements. If the county and one or more
3987 municipalities have adopted school concurrency into its
3988 comprehensive plan and interlocal agreement that represents at
3989 least 80 percent of the total countywide population, the failure
3990 of one or more municipalities to adopt the concurrency and enter
3991 into the interlocal agreement does not preclude implementation
3992 of school concurrency within the school district agreement, for
3993 a compliance review pursuant to s. 163.3184(7) and (8). The
3994 minimum requirements for school concurrency are the following:
3995 (a) Public school facilities element.—A local government
3996 shall adopt and transmit to the state land planning agency a
3997 plan or plan amendment which includes a public school facilities
3998 element which is consistent with the requirements of s.
3999 163.3177(12) and which is determined to be in compliance as
4000 defined in s. 163.3184(1)(b). All local government provisions
4001 included in comprehensive plans regarding school concurrency
4002 public school facilities plan elements within a county must be
4003 consistent with each other as well as the requirements of this
4004 part.
4005 (b) Level-of-service standards.—The Legislature recognizes
4006 that an essential requirement for a concurrency management
4007 system is the level of service at which a public facility is
4008 expected to operate.
4009 1. Local governments and school boards imposing school
4010 concurrency shall exercise authority in conjunction with each
4011 other to establish jointly adequate level-of-service standards,
4012 as defined in chapter 9J-5, Florida Administrative Code,
4013 necessary to implement the adopted local government
4014 comprehensive plan, based on data and analysis.
4015 (c)2. Public school level-of-service standards shall be
4016 included and adopted into the capital improvements element of
4017 the local comprehensive plan and shall apply districtwide to all
4018 schools of the same type. Types of schools may include
4019 elementary, middle, and high schools as well as special purpose
4020 facilities such as magnet schools.
4021 (d)3. Local governments and school boards may shall have
4022 the option to utilize tiered level-of-service standards to allow
4023 time to achieve an adequate and desirable level of service as
4024 circumstances warrant.
4025 (e)4. For the purpose of determining whether levels of
4026 service have been achieved, for the first 3 years of school
4027 concurrency implementation, A school district that includes
4028 relocatable facilities in its inventory of student stations
4029 shall include the capacity of such relocatable facilities as
4030 provided in s. 1013.35(2)(b)2.f., provided the relocatable
4031 facilities were purchased after 1998 and the relocatable
4032 facilities meet the standards for long-term use pursuant to s.
4033 1013.20.
4034 (c) Service areas.—The Legislature recognizes that an
4035 essential requirement for a concurrency system is a designation
4036 of the area within which the level of service will be measured
4037 when an application for a residential development permit is
4038 reviewed for school concurrency purposes. This delineation is
4039 also important for purposes of determining whether the local
4040 government has a financially feasible public school capital
4041 facilities program that will provide schools which will achieve
4042 and maintain the adopted level-of-service standards.
4043 (f)1. In order to balance competing interests, preserve the
4044 constitutional concept of uniformity, and avoid disruption of
4045 existing educational and growth management processes, local
4046 governments are encouraged, if they elect to adopt school
4047 concurrency, to initially apply school concurrency to
4048 development only on a districtwide basis so that a concurrency
4049 determination for a specific development will be based upon the
4050 availability of school capacity districtwide. To ensure that
4051 development is coordinated with schools having available
4052 capacity, within 5 years after adoption of school concurrency,
4053 2. If a local government elects to governments shall apply
4054 school concurrency on a less than districtwide basis, by such as
4055 using school attendance zones or concurrency service areas:, as
4056 provided in subparagraph 2.
4057 a.2. For local governments applying school concurrency on a
4058 less than districtwide basis, such as utilizing school
4059 attendance zones or larger school concurrency service areas,
4060 Local governments and school boards shall have the burden to
4061 demonstrate that the utilization of school capacity is maximized
4062 to the greatest extent possible in the comprehensive plan and
4063 amendment, taking into account transportation costs and court
4064 approved desegregation plans, as well as other factors. In
4065 addition, in order to achieve concurrency within the service
4066 area boundaries selected by local governments and school boards,
4067 the service area boundaries, together with the standards for
4068 establishing those boundaries, shall be identified and included
4069 as supporting data and analysis for the comprehensive plan.
4070 b.3. Where school capacity is available on a districtwide
4071 basis but school concurrency is applied on a less than
4072 districtwide basis in the form of concurrency service areas, if
4073 the adopted level-of-service standard cannot be met in a
4074 particular service area as applied to an application for a
4075 development permit and if the needed capacity for the particular
4076 service area is available in one or more contiguous service
4077 areas, as adopted by the local government, then the local
4078 government may not deny an application for site plan or final
4079 subdivision approval or the functional equivalent for a
4080 development or phase of a development on the basis of school
4081 concurrency, and if issued, development impacts shall be
4082 subtracted from the shifted to contiguous service area’s areas
4083 with schools having available capacity totals. Students from the
4084 development may not be required to go to the adjacent service
4085 area unless the school board rezones the area in which the
4086 development occurs.
4087 (g)(d) Financial feasibility.—The Legislature recognizes
4088 that financial feasibility is an important issue because The
4089 premise of concurrency is that the public facilities will be
4090 provided in order to achieve and maintain the adopted level-of
4091 service standard. This part and chapter 9J-5, Florida
4092 Administrative Code, contain specific standards to determine the
4093 financial feasibility of capital programs. These standards were
4094 adopted to make concurrency more predictable and local
4095 governments more accountable.
4096 1. A comprehensive plan that imposes amendment seeking to
4097 impose school concurrency shall contain appropriate amendments
4098 to the capital improvements element of the comprehensive plan,
4099 consistent with the requirements of s. 163.3177(3) and rule 9J
4100 5.016, Florida Administrative Code. The capital improvements
4101 element shall identify facilities necessary to meet adopted
4102 levels of service during a 5-year period consistent with the
4103 school board’s educational set forth a financially feasible
4104 public school capital facilities plan program, established in
4105 conjunction with the school board, that demonstrates that the
4106 adopted level-of-service standards will be achieved and
4107 maintained.
4108 (h)1. In order to limit the liability of local governments,
4109 a local government may allow a landowner to proceed with
4110 development of a specific parcel of land notwithstanding a
4111 failure of the development to satisfy school concurrency, if all
4112 the following factors are shown to exist:
4113 a. The proposed development would be consistent with the
4114 future land use designation for the specific property and with
4115 pertinent portions of the adopted local plan, as determined by
4116 the local government.
4117 b. The local government’s capital improvements element and
4118 the school board’s educational facilities plan provide for
4119 school facilities adequate to serve the proposed development,
4120 and the local government or school board has not implemented
4121 that element, or the project includes a plan that demonstrates
4122 that the capital facilities needed as a result of the project
4123 can be reasonably provided.
4124 c. The local government and school board have provided a
4125 means by which the landowner will be assessed a proportionate
4126 share of the cost of providing the school facilities necessary
4127 to serve the proposed development.
4128 2. Such amendments shall demonstrate that the public school
4129 capital facilities program meets all of the financial
4130 feasibility standards of this part and chapter 9J-5, Florida
4131 Administrative Code, that apply to capital programs which
4132 provide the basis for mandatory concurrency on other public
4133 facilities and services.
4134 3. When the financial feasibility of a public school
4135 capital facilities program is evaluated by the state land
4136 planning agency for purposes of a compliance determination, the
4137 evaluation shall be based upon the service areas selected by the
4138 local governments and school board.
4139 2.(e) Availability standard.—If Consistent with the public
4140 welfare, a local government applies school concurrency, it may
4141 not deny an application for site plan, final subdivision
4142 approval, or the functional equivalent for a development or
4143 phase of a development authorizing residential development for
4144 failure to achieve and maintain the level-of-service standard
4145 for public school capacity in a local school concurrency
4146 management system where adequate school facilities will be in
4147 place or under actual construction within 3 years after the
4148 issuance of final subdivision or site plan approval, or the
4149 functional equivalent. School concurrency is satisfied if the
4150 developer executes a legally binding commitment to provide
4151 mitigation proportionate to the demand for public school
4152 facilities to be created by actual development of the property,
4153 including, but not limited to, the options described in sub
4154 subparagraph a. subparagraph 1. Options for proportionate-share
4155 mitigation of impacts on public school facilities must be
4156 established in the comprehensive plan public school facilities
4157 element and the interlocal agreement pursuant to s. 163.31777.
4158 a.1. Appropriate mitigation options include the
4159 contribution of land; the construction, expansion, or payment
4160 for land acquisition or construction of a public school
4161 facility; the construction of a charter school that complies
4162 with the requirements of s. 1002.33(18); or the creation of
4163 mitigation banking based on the construction of a public school
4164 facility in exchange for the right to sell capacity credits.
4165 Such options must include execution by the applicant and the
4166 local government of a development agreement that constitutes a
4167 legally binding commitment to pay proportionate-share mitigation
4168 for the additional residential units approved by the local
4169 government in a development order and actually developed on the
4170 property, taking into account residential density allowed on the
4171 property prior to the plan amendment that increased the overall
4172 residential density. The district school board must be a party
4173 to such an agreement. As a condition of its entry into such a
4174 development agreement, the local government may require the
4175 landowner to agree to continuing renewal of the agreement upon
4176 its expiration.
4177 b.2. If the interlocal agreement education facilities plan
4178 and the local government comprehensive plan public educational
4179 facilities element authorize a contribution of land; the
4180 construction, expansion, or payment for land acquisition; the
4181 construction or expansion of a public school facility, or a
4182 portion thereof; or the construction of a charter school that
4183 complies with the requirements of s. 1002.33(18), as
4184 proportionate-share mitigation, the local government shall
4185 credit such a contribution, construction, expansion, or payment
4186 toward any other impact fee or exaction imposed by local
4187 ordinance for the same need, on a dollar-for-dollar basis at
4188 fair market value.
4189 c.3. Any proportionate-share mitigation must be directed by
4190 the school board toward a school capacity improvement identified
4191 in the a financially feasible 5-year school board’s educational
4192 facilities district work plan that satisfies the demands created
4193 by the development in accordance with a binding developer’s
4194 agreement.
4195 4. If a development is precluded from commencing because
4196 there is inadequate classroom capacity to mitigate the impacts
4197 of the development, the development may nevertheless commence if
4198 there are accelerated facilities in an approved capital
4199 improvement element scheduled for construction in year four or
4200 later of such plan which, when built, will mitigate the proposed
4201 development, or if such accelerated facilities will be in the
4202 next annual update of the capital facilities element, the
4203 developer enters into a binding, financially guaranteed
4204 agreement with the school district to construct an accelerated
4205 facility within the first 3 years of an approved capital
4206 improvement plan, and the cost of the school facility is equal
4207 to or greater than the development’s proportionate share. When
4208 the completed school facility is conveyed to the school
4209 district, the developer shall receive impact fee credits usable
4210 within the zone where the facility is constructed or any
4211 attendance zone contiguous with or adjacent to the zone where
4212 the facility is constructed.
4213 3.5. This paragraph does not limit the authority of a local
4214 government to deny a development permit or its functional
4215 equivalent pursuant to its home rule regulatory powers, except
4216 as provided in this part.
4217 (i)(f) Intergovernmental coordination.—
4218 1. When establishing concurrency requirements for public
4219 schools, a local government shall satisfy the requirements for
4220 intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4221 and 2., except that A municipality is not required to be a
4222 signatory to the interlocal agreement required by paragraph (j)
4223 ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4224 imposition of school concurrency, and as a nonsignatory, shall
4225 not participate in the adopted local school concurrency system,
4226 if the municipality meets all of the following criteria for
4227 having no significant impact on school attendance:
4228 1.a. The municipality has issued development orders for
4229 fewer than 50 residential dwelling units during the preceding 5
4230 years, or the municipality has generated fewer than 25
4231 additional public school students during the preceding 5 years.
4232 2.b. The municipality has not annexed new land during the
4233 preceding 5 years in land use categories which permit
4234 residential uses that will affect school attendance rates.
4235 3.c. The municipality has no public schools located within
4236 its boundaries.
4237 4.d. At least 80 percent of the developable land within the
4238 boundaries of the municipality has been built upon.
4239 2. A municipality which qualifies as having no significant
4240 impact on school attendance pursuant to the criteria of
4241 subparagraph 1. must review and determine at the time of its
4242 evaluation and appraisal report pursuant to s. 163.3191 whether
4243 it continues to meet the criteria pursuant to s. 163.31777(6).
4244 If the municipality determines that it no longer meets the
4245 criteria, it must adopt appropriate school concurrency goals,
4246 objectives, and policies in its plan amendments based on the
4247 evaluation and appraisal report, and enter into the existing
4248 interlocal agreement required by ss. 163.3177(6)(h)2. and
4249 163.31777, in order to fully participate in the school
4250 concurrency system. If such a municipality fails to do so, it
4251 will be subject to the enforcement provisions of s. 163.3191.
4252 (j)(g) Interlocal agreement for school concurrency.—When
4253 establishing concurrency requirements for public schools, a
4254 local government must enter into an interlocal agreement that
4255 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4256 163.31777 and the requirements of this subsection. The
4257 interlocal agreement shall acknowledge both the school board’s
4258 constitutional and statutory obligations to provide a uniform
4259 system of free public schools on a countywide basis, and the
4260 land use authority of local governments, including their
4261 authority to approve or deny comprehensive plan amendments and
4262 development orders. The interlocal agreement shall be submitted
4263 to the state land planning agency by the local government as a
4264 part of the compliance review, along with the other necessary
4265 amendments to the comprehensive plan required by this part. In
4266 addition to the requirements of ss. 163.3177(6)(h) and
4267 163.31777, The interlocal agreement shall meet the following
4268 requirements:
4269 1. Establish the mechanisms for coordinating the
4270 development, adoption, and amendment of each local government’s
4271 school-concurrency-related provisions of the comprehensive plan
4272 public school facilities element with each other and the plans
4273 of the school board to ensure a uniform districtwide school
4274 concurrency system.
4275 2. Establish a process for the development of siting
4276 criteria which encourages the location of public schools
4277 proximate to urban residential areas to the extent possible and
4278 seeks to collocate schools with other public facilities such as
4279 parks, libraries, and community centers to the extent possible.
4280 2.3. Specify uniform, districtwide level-of-service
4281 standards for public schools of the same type and the process
4282 for modifying the adopted level-of-service standards.
4283 4. Establish a process for the preparation, amendment, and
4284 joint approval by each local government and the school board of
4285 a public school capital facilities program which is financially
4286 feasible, and a process and schedule for incorporation of the
4287 public school capital facilities program into the local
4288 government comprehensive plans on an annual basis.
4289 3.5. Define the geographic application of school
4290 concurrency. If school concurrency is to be applied on a less
4291 than districtwide basis in the form of concurrency service
4292 areas, the agreement shall establish criteria and standards for
4293 the establishment and modification of school concurrency service
4294 areas. The agreement shall also establish a process and schedule
4295 for the mandatory incorporation of the school concurrency
4296 service areas and the criteria and standards for establishment
4297 of the service areas into the local government comprehensive
4298 plans. The agreement shall ensure maximum utilization of school
4299 capacity, taking into account transportation costs and court
4300 approved desegregation plans, as well as other factors. The
4301 agreement shall also ensure the achievement and maintenance of
4302 the adopted level-of-service standards for the geographic area
4303 of application throughout the 5 years covered by the public
4304 school capital facilities plan and thereafter by adding a new
4305 fifth year during the annual update.
4306 4.6. Establish a uniform districtwide procedure for
4307 implementing school concurrency which provides for:
4308 a. The evaluation of development applications for
4309 compliance with school concurrency requirements, including
4310 information provided by the school board on affected schools,
4311 impact on levels of service, and programmed improvements for
4312 affected schools and any options to provide sufficient capacity;
4313 b. An opportunity for the school board to review and
4314 comment on the effect of comprehensive plan amendments and
4315 rezonings on the public school facilities plan; and
4316 c. The monitoring and evaluation of the school concurrency
4317 system.
4318 7. Include provisions relating to amendment of the
4319 agreement.
4320 5.8. A process and uniform methodology for determining
4321 proportionate-share mitigation pursuant to paragraph (h)
4322 subparagraph (e)1.
4323 (k)(h) Local government authority.—This subsection does not
4324 limit the authority of a local government to grant or deny a
4325 development permit or its functional equivalent prior to the
4326 implementation of school concurrency.
4327 (14) The state land planning agency shall, by October 1,
4328 1998, adopt by rule minimum criteria for the review and
4329 determination of compliance of a public school facilities
4330 element adopted by a local government for purposes of imposition
4331 of school concurrency.
4332 (15)(a) Multimodal transportation districts may be
4333 established under a local government comprehensive plan in areas
4334 delineated on the future land use map for which the local
4335 comprehensive plan assigns secondary priority to vehicle
4336 mobility and primary priority to assuring a safe, comfortable,
4337 and attractive pedestrian environment, with convenient
4338 interconnection to transit. Such districts must incorporate
4339 community design features that will reduce the number of
4340 automobile trips or vehicle miles of travel and will support an
4341 integrated, multimodal transportation system. Prior to the
4342 designation of multimodal transportation districts, the
4343 Department of Transportation shall be consulted by the local
4344 government to assess the impact that the proposed multimodal
4345 district area is expected to have on the adopted level-of
4346 service standards established for Strategic Intermodal System
4347 facilities, as defined in s. 339.64, and roadway facilities
4348 funded in accordance with s. 339.2819. Further, the local
4349 government shall, in cooperation with the Department of
4350 Transportation, develop a plan to mitigate any impacts to the
4351 Strategic Intermodal System, including the development of a
4352 long-term concurrency management system pursuant to subsection
4353 (9) and s. 163.3177(3)(d). Multimodal transportation districts
4354 existing prior to July 1, 2005, shall meet, at a minimum, the
4355 provisions of this section by July 1, 2006, or at the time of
4356 the comprehensive plan update pursuant to the evaluation and
4357 appraisal report, whichever occurs last.
4358 (b) Community design elements of such a district include: a
4359 complementary mix and range of land uses, including educational,
4360 recreational, and cultural uses; interconnected networks of
4361 streets designed to encourage walking and bicycling, with
4362 traffic-calming where desirable; appropriate densities and
4363 intensities of use within walking distance of transit stops;
4364 daily activities within walking distance of residences, allowing
4365 independence to persons who do not drive; public uses, streets,
4366 and squares that are safe, comfortable, and attractive for the
4367 pedestrian, with adjoining buildings open to the street and with
4368 parking not interfering with pedestrian, transit, automobile,
4369 and truck travel modes.
4370 (c) Local governments may establish multimodal level-of
4371 service standards that rely primarily on nonvehicular modes of
4372 transportation within the district, when justified by an
4373 analysis demonstrating that the existing and planned community
4374 design will provide an adequate level of mobility within the
4375 district based upon professionally accepted multimodal level-of
4376 service methodologies. The analysis must also demonstrate that
4377 the capital improvements required to promote community design
4378 are financially feasible over the development or redevelopment
4379 timeframe for the district and that community design features
4380 within the district provide convenient interconnection for a
4381 multimodal transportation system. Local governments may issue
4382 development permits in reliance upon all planned community
4383 design capital improvements that are financially feasible over
4384 the development or redevelopment timeframe for the district,
4385 without regard to the period of time between development or
4386 redevelopment and the scheduled construction of the capital
4387 improvements. A determination of financial feasibility shall be
4388 based upon currently available funding or funding sources that
4389 could reasonably be expected to become available over the
4390 planning period.
4391 (d) Local governments may reduce impact fees or local
4392 access fees for development within multimodal transportation
4393 districts based on the reduction of vehicle trips per household
4394 or vehicle miles of travel expected from the development pattern
4395 planned for the district.
4396 (16) It is the intent of the Legislature to provide a
4397 method by which the impacts of development on transportation
4398 facilities can be mitigated by the cooperative efforts of the
4399 public and private sectors. The methodology used to calculate
4400 proportionate fair-share mitigation under this section shall be
4401 as provided for in subsection (12).
4402 (a) By December 1, 2006, each local government shall adopt
4403 by ordinance a methodology for assessing proportionate fair
4404 share mitigation options. By December 1, 2005, the Department of
4405 Transportation shall develop a model transportation concurrency
4406 management ordinance with methodologies for assessing
4407 proportionate fair-share mitigation options.
4408 (b)1. In its transportation concurrency management system,
4409 a local government shall, by December 1, 2006, include
4410 methodologies that will be applied to calculate proportionate
4411 fair-share mitigation. A developer may choose to satisfy all
4412 transportation concurrency requirements by contributing or
4413 paying proportionate fair-share mitigation if transportation
4414 facilities or facility segments identified as mitigation for
4415 traffic impacts are specifically identified for funding in the
4416 5-year schedule of capital improvements in the capital
4417 improvements element of the local plan or the long-term
4418 concurrency management system or if such contributions or
4419 payments to such facilities or segments are reflected in the 5
4420 year schedule of capital improvements in the next regularly
4421 scheduled update of the capital improvements element. Updates to
4422 the 5-year capital improvements element which reflect
4423 proportionate fair-share contributions may not be found not in
4424 compliance based on ss. 163.3164(32) and 163.3177(3) if
4425 additional contributions, payments or funding sources are
4426 reasonably anticipated during a period not to exceed 10 years to
4427 fully mitigate impacts on the transportation facilities.
4428 2. Proportionate fair-share mitigation shall be applied as
4429 a credit against impact fees to the extent that all or a portion
4430 of the proportionate fair-share mitigation is used to address
4431 the same capital infrastructure improvements contemplated by the
4432 local government’s impact fee ordinance.
4433 (c) Proportionate fair-share mitigation includes, without
4434 limitation, separately or collectively, private funds,
4435 contributions of land, and construction and contribution of
4436 facilities and may include public funds as determined by the
4437 local government. Proportionate fair-share mitigation may be
4438 directed toward one or more specific transportation improvements
4439 reasonably related to the mobility demands created by the
4440 development and such improvements may address one or more modes
4441 of travel. The fair market value of the proportionate fair-share
4442 mitigation shall not differ based on the form of mitigation. A
4443 local government may not require a development to pay more than
4444 its proportionate fair-share contribution regardless of the
4445 method of mitigation. Proportionate fair-share mitigation shall
4446 be limited to ensure that a development meeting the requirements
4447 of this section mitigates its impact on the transportation
4448 system but is not responsible for the additional cost of
4449 reducing or eliminating backlogs.
4450 (d) This subsection does not require a local government to
4451 approve a development that is not otherwise qualified for
4452 approval pursuant to the applicable local comprehensive plan and
4453 land development regulations.
4454 (e) Mitigation for development impacts to facilities on the
4455 Strategic Intermodal System made pursuant to this subsection
4456 requires the concurrence of the Department of Transportation.
4457 (f) If the funds in an adopted 5-year capital improvements
4458 element are insufficient to fully fund construction of a
4459 transportation improvement required by the local government’s
4460 concurrency management system, a local government and a
4461 developer may still enter into a binding proportionate-share
4462 agreement authorizing the developer to construct that amount of
4463 development on which the proportionate share is calculated if
4464 the proportionate-share amount in such agreement is sufficient
4465 to pay for one or more improvements which will, in the opinion
4466 of the governmental entity or entities maintaining the
4467 transportation facilities, significantly benefit the impacted
4468 transportation system. The improvements funded by the
4469 proportionate-share component must be adopted into the 5-year
4470 capital improvements schedule of the comprehensive plan at the
4471 next annual capital improvements element update. The funding of
4472 any improvements that significantly benefit the impacted
4473 transportation system satisfies concurrency requirements as a
4474 mitigation of the development’s impact upon the overall
4475 transportation system even if there remains a failure of
4476 concurrency on other impacted facilities.
4477 (g) Except as provided in subparagraph (b)1., this section
4478 may not prohibit the Department of Community Affairs from
4479 finding other portions of the capital improvements element
4480 amendments not in compliance as provided in this chapter.
4481 (h) The provisions of this subsection do not apply to a
4482 development of regional impact satisfying the requirements of
4483 subsection (12).
4484 (i) As used in this subsection, the term “backlog” means a
4485 facility or facilities on which the adopted level-of-service
4486 standard is exceeded by the existing trips, plus additional
4487 projected background trips from any source other than the
4488 development project under review that are forecast by
4489 established traffic standards, including traffic modeling,
4490 consistent with the University of Florida Bureau of Economic and
4491 Business Research medium population projections. Additional
4492 projected background trips are to be coincident with the
4493 particular stage or phase of development under review.
4494 (17) A local government and the developer of affordable
4495 workforce housing units developed in accordance with s.
4496 380.06(19) or s. 380.0651(3) may identify an employment center
4497 or centers in close proximity to the affordable workforce
4498 housing units. If at least 50 percent of the units are occupied
4499 by an employee or employees of an identified employment center
4500 or centers, all of the affordable workforce housing units are
4501 exempt from transportation concurrency requirements, and the
4502 local government may not reduce any transportation trip
4503 generation entitlements of an approved development-of-regional
4504 impact development order. As used in this subsection, the term
4505 “close proximity” means 5 miles from the nearest point of the
4506 development of regional impact to the nearest point of the
4507 employment center, and the term “employment center” means a
4508 place of employment that employs at least 25 or more full-time
4509 employees.
4510 Section 16. Subsection (5) of section 163.31801, Florida
4511 Statutes, is reenacted, and subsection (6) is added to that
4512 section, to read:
4513 163.31801 Impact fees; short title; intent; definitions;
4514 ordinances levying impact fees.—
4515 (5) In any action challenging an impact fee, the government
4516 has the burden of proving by a preponderance of the evidence
4517 that the imposition or amount of the fee meets the requirements
4518 of state legal precedent or this section. The court may not use
4519 a deferential standard.
4520 (6) Notwithstanding any law, ordinance, or resolution to
4521 the contrary, a county, municipality, or special district may
4522 not increase any existing impact fees or impose any new,
4523 increased impact fees on nonresidential development. This
4524 subsection does not affect impact fees pledged or obligated to
4525 the retirement of debt; impact fee increases that were
4526 previously enacted by law, ordinance, or resolution and phased
4527 in over time or included a consumer price index or other yearly
4528 escalator; or impact fees for water or wastewater facilities.
4529 This subsection expires July 1, 2013.
4530 Section 17. Section 163.3182, Florida Statutes, is amended
4531 to read:
4532 163.3182 Transportation deficiencies concurrency backlogs.—
4533 (1) DEFINITIONS.—For purposes of this section, the term:
4534 (a) “Transportation deficiency concurrency backlog area”
4535 means the geographic area within the unincorporated portion of a
4536 county or within the municipal boundary of a municipality
4537 designated in a local government comprehensive plan for which a
4538 transportation development concurrency backlog authority is
4539 created pursuant to this section. A transportation deficiency
4540 concurrency backlog area created within the corporate boundary
4541 of a municipality shall be made pursuant to an interlocal
4542 agreement between a county, a municipality or municipalities,
4543 and any affected taxing authority or authorities.
4544 (b) “Authority” or “transportation development concurrency
4545 backlog authority” means the governing body of a county or
4546 municipality within which an authority is created.
4547 (c) “Governing body” means the council, commission, or
4548 other legislative body charged with governing the county or
4549 municipality within which a transportation deficiency
4550 concurrency backlog authority is created pursuant to this
4551 section.
4552 (d) “Transportation deficiency concurrency backlog” means
4553 an identified need deficiency where the existing and projected
4554 extent of traffic or projected traffic volume exceeds the level
4555 of service standard adopted in a local government comprehensive
4556 plan for a transportation facility.
4557 (e) “Transportation sufficiency concurrency backlog plan”
4558 means the plan adopted as part of a local government
4559 comprehensive plan by the governing body of a county or
4560 municipality acting as a transportation development concurrency
4561 backlog authority.
4562 (f) “Transportation concurrency backlog project” means any
4563 designated transportation project that will mitigate a
4564 deficiency identified in a transportation sufficiency plan
4565 identified for construction within the jurisdiction of a
4566 transportation concurrency backlog authority.
4567 (g) “Debt service millage” means any millage levied
4568 pursuant to s. 12, Art. VII of the State Constitution.
4569 (h) “Increment revenue” means the amount calculated
4570 pursuant to subsection (5).
4571 (i) “Taxing authority” means a public body that levies or
4572 is authorized to levy an ad valorem tax on real property located
4573 within a transportation deficiency concurrency backlog area,
4574 except a school district.
4575 (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4576 BACKLOG AUTHORITIES.—
4577 (a) A county or municipality may create a transportation
4578 development concurrency backlog authority if it has an
4579 identified transportation deficiency concurrency backlog.
4580 (b) Acting as the transportation development concurrency
4581 backlog authority within the authority’s jurisdictional
4582 boundary, the governing body of a county or municipality shall
4583 adopt and implement a plan to eliminate all identified
4584 transportation deficiencies concurrency backlogs within the
4585 authority’s jurisdiction using funds provided pursuant to
4586 subsection (5) and as otherwise provided pursuant to this
4587 section.
4588 (c) The Legislature finds and declares that there exist in
4589 many counties and municipalities areas that have significant
4590 transportation deficiencies and inadequate transportation
4591 facilities; that many insufficiencies and inadequacies severely
4592 limit or prohibit the satisfaction of adopted transportation
4593 level-of-service concurrency standards; that the transportation
4594 insufficiencies and inadequacies affect the health, safety, and
4595 welfare of the residents of these counties and municipalities;
4596 that the transportation insufficiencies and inadequacies
4597 adversely affect economic development and growth of the tax base
4598 for the areas in which these insufficiencies and inadequacies
4599 exist; and that the elimination of transportation deficiencies
4600 and inadequacies and the satisfaction of transportation level
4601 of-service concurrency standards are paramount public purposes
4602 for the state and its counties and municipalities.
4603 (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4604 BACKLOG AUTHORITY.—Each transportation development concurrency
4605 backlog authority created pursuant to this section has the
4606 powers necessary or convenient to carry out the purposes of this
4607 section, including the following powers in addition to others
4608 granted in this section:
4609 (a) To make and execute contracts and other instruments
4610 necessary or convenient to the exercise of its powers under this
4611 section.
4612 (b) To undertake and carry out transportation concurrency
4613 backlog projects for transportation facilities designed to
4614 relieve transportation deficiencies that have a concurrency
4615 backlog within the authority’s jurisdiction. Transportation
4616 Concurrency backlog projects may include transportation
4617 facilities that provide for alternative modes of travel
4618 including sidewalks, bikeways, and mass transit which are
4619 related to a deficient backlogged transportation facility.
4620 (c) To invest any transportation concurrency backlog funds
4621 held in reserve, sinking funds, or any such funds not required
4622 for immediate disbursement in property or securities in which
4623 savings banks may legally invest funds subject to the control of
4624 the authority and to redeem such bonds as have been issued
4625 pursuant to this section at the redemption price established
4626 therein, or to purchase such bonds at less than redemption
4627 price. All such bonds redeemed or purchased shall be canceled.
4628 (d) To borrow money, including, but not limited to, issuing
4629 debt obligations such as, but not limited to, bonds, notes,
4630 certificates, and similar debt instruments; to apply for and
4631 accept advances, loans, grants, contributions, and any other
4632 forms of financial assistance from the Federal Government or the
4633 state, county, or any other public body or from any sources,
4634 public or private, for the purposes of this part; to give such
4635 security as may be required; to enter into and carry out
4636 contracts or agreements; and to include in any contracts for
4637 financial assistance with the Federal Government for or with
4638 respect to a transportation concurrency backlog project and
4639 related activities such conditions imposed under federal laws as
4640 the transportation deficiency concurrency backlog authority
4641 considers reasonable and appropriate and which are not
4642 inconsistent with the purposes of this section.
4643 (e) To make or have made all surveys and plans necessary to
4644 the carrying out of the purposes of this section; to contract
4645 with any persons, public or private, in making and carrying out
4646 such plans; and to adopt, approve, modify, or amend such
4647 transportation sufficiency concurrency backlog plans.
4648 (f) To appropriate such funds and make such expenditures as
4649 are necessary to carry out the purposes of this section, and to
4650 enter into agreements with other public bodies, which agreements
4651 may extend over any period notwithstanding any provision or rule
4652 of law to the contrary.
4653 (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.—
4654 (a) Each transportation development concurrency backlog
4655 authority shall adopt a transportation sufficiency concurrency
4656 backlog plan as a part of the local government comprehensive
4657 plan within 6 months after the creation of the authority. The
4658 plan must:
4659 (a)1. Identify all transportation facilities that have been
4660 designated as deficient and require the expenditure of moneys to
4661 upgrade, modify, or mitigate the deficiency.
4662 (b)2. Include a priority listing of all transportation
4663 facilities that have been designated as deficient and do not
4664 satisfy concurrency requirements pursuant to s. 163.3180, and
4665 the applicable local government comprehensive plan.
4666 (c)3. Establish a schedule for financing and construction
4667 of transportation concurrency backlog projects that will
4668 eliminate transportation deficiencies concurrency backlogs
4669 within the jurisdiction of the authority within 10 years after
4670 the transportation sufficiency concurrency backlog plan
4671 adoption. If the utilization of mass transit is selected as all
4672 or part of the system solution, the improvements and service may
4673 extend outside the area of the transportation deficiency areas
4674 to the planned terminus of the improvement as long as the
4675 improvement provides capacity enhancements to a larger
4676 intermodal system. The schedule shall be adopted as part of the
4677 local government comprehensive plan.
4678 (b) The adoption of the transportation concurrency backlog
4679 plan shall be exempt from the provisions of s. 163.3187(1).
4680
4681 Notwithstanding such schedule requirements, as long as the
4682 schedule provides for the elimination of all transportation
4683 deficiencies concurrency backlogs within 10 years after the
4684 adoption of the transportation sufficiency concurrency backlog
4685 plan, the final maturity date of any debt incurred to finance or
4686 refinance the related projects may be no later than 40 years
4687 after the date the debt is incurred and the authority may
4688 continue operations and administer the trust fund established as
4689 provided in subsection (5) for as long as the debt remains
4690 outstanding.
4691 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
4692 development concurrency backlog authority shall establish a
4693 local transportation concurrency backlog trust fund upon
4694 creation of the authority. Each local trust fund shall be
4695 administered by the transportation development concurrency
4696 backlog authority within which a transportation deficiencies
4697 have concurrency backlog has been identified. Each local trust
4698 fund must continue to be funded under this section for as long
4699 as the projects set forth in the related transportation
4700 sufficiency concurrency backlog plan remain to be completed or
4701 until any debt incurred to finance or refinance the related
4702 projects is no longer outstanding, whichever occurs later.
4703 Beginning in the first fiscal year after the creation of the
4704 authority, each local trust fund shall be funded by the proceeds
4705 of an ad valorem tax increment collected within each
4706 transportation deficiency concurrency backlog area to be
4707 determined annually and shall be a minimum of 25 percent of the
4708 difference between the amounts set forth in paragraphs (a) and
4709 (b), except that if all of the affected taxing authorities agree
4710 under an interlocal agreement, a particular local trust fund may
4711 be funded by the proceeds of an ad valorem tax increment greater
4712 than 25 percent of the difference between the amounts set forth
4713 in paragraphs (a) and (b):
4714 (a) The amount of ad valorem tax levied each year by each
4715 taxing authority, exclusive of any amount from any debt service
4716 millage, on taxable real property contained within the
4717 jurisdiction of the transportation development concurrency
4718 backlog authority and within the transportation deficiency
4719 backlog area; and
4720 (b) The amount of ad valorem taxes which would have been
4721 produced by the rate upon which the tax is levied each year by
4722 or for each taxing authority, exclusive of any debt service
4723 millage, upon the total of the assessed value of the taxable
4724 real property within the transportation deficiency concurrency
4725 backlog area as shown on the most recent assessment roll used in
4726 connection with the taxation of such property of each taxing
4727 authority prior to the effective date of the ordinance funding
4728 the trust fund.
4729 (6) EXEMPTIONS.—
4730 (a) The following public bodies or taxing authorities are
4731 exempt from the provisions of this section:
4732 1. A special district that levies ad valorem taxes on
4733 taxable real property in more than one county.
4734 2. A special district for which the sole available source
4735 of revenue is the authority to levy ad valorem taxes at the time
4736 an ordinance is adopted under this section. However, revenues or
4737 aid that may be dispensed or appropriated to a district as
4738 defined in s. 388.011 at the discretion of an entity other than
4739 such district shall not be deemed available.
4740 3. A library district.
4741 4. A neighborhood improvement district created under the
4742 Safe Neighborhoods Act.
4743 5. A metropolitan transportation authority.
4744 6. A water management district created under s. 373.069.
4745 7. A community redevelopment agency.
4746 (b) A transportation development concurrency exemption
4747 authority may also exempt from this section a special district
4748 that levies ad valorem taxes within the transportation
4749 deficiency concurrency backlog area pursuant to s.
4750 163.387(2)(d).
4751 (7) TRANSPORTATION DEFICIENCY CONCURRENCY SATISFACTION.
4752 Upon adoption of a transportation sufficiency concurrency
4753 backlog plan as a part of the local government comprehensive
4754 plan, and the plan going into effect, the area subject to the
4755 plan shall be deemed to have achieved and maintained
4756 transportation level-of-service standards, and to have met
4757 requirements for financial feasibility for transportation
4758 facilities, and for the purpose of proposed development
4759 transportation concurrency has been satisfied. Proportionate
4760 fair-share mitigation shall be limited to ensure that a
4761 development inside a transportation deficiency concurrency
4762 backlog area is not responsible for the additional costs of
4763 eliminating deficiencies backlogs.
4764 (8) DISSOLUTION.—Upon completion of all transportation
4765 concurrency backlog projects identified in the transportation
4766 sufficiency plan and repayment or defeasance of all debt issued
4767 to finance or refinance such projects, a transportation
4768 development concurrency backlog authority shall be dissolved,
4769 and its assets and liabilities transferred to the county or
4770 municipality within which the authority is located. All
4771 remaining assets of the authority must be used for
4772 implementation of transportation projects within the
4773 jurisdiction of the authority. The local government
4774 comprehensive plan shall be amended to remove the transportation
4775 deficiency concurrency backlog plan.
4776 Section 18. Section 163.3184, Florida Statutes, is amended
4777 to read:
4778 163.3184 Process for adoption of comprehensive plan or plan
4779 amendment.—
4780 (1) DEFINITIONS.—As used in this section, the term:
4781 (a) “Affected person” includes the affected local
4782 government; persons owning property, residing, or owning or
4783 operating a business within the boundaries of the local
4784 government whose plan is the subject of the review; owners of
4785 real property abutting real property that is the subject of a
4786 proposed change to a future land use map; and adjoining local
4787 governments that can demonstrate that the plan or plan amendment
4788 will produce substantial impacts on the increased need for
4789 publicly funded infrastructure or substantial impacts on areas
4790 designated for protection or special treatment within their
4791 jurisdiction. Each person, other than an adjoining local
4792 government, in order to qualify under this definition, shall
4793 also have submitted oral or written comments, recommendations,
4794 or objections to the local government during the period of time
4795 beginning with the transmittal hearing for the plan or plan
4796 amendment and ending with the adoption of the plan or plan
4797 amendment.
4798 (b) “In compliance” means consistent with the requirements
4799 of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4800 163.3248 with the state comprehensive plan, with the appropriate
4801 strategic regional policy plan, and with chapter 9J-5, Florida
4802 Administrative Code, where such rule is not inconsistent with
4803 this part and with the principles for guiding development in
4804 designated areas of critical state concern and with part III of
4805 chapter 369, where applicable.
4806 (c) “Reviewing agencies” means:
4807 1. The state land planning agency;
4808 2. The appropriate regional planning council;
4809 3. The appropriate water management district;
4810 4. The Department of Environmental Protection;
4811 5. The Department of State;
4812 6. The Department of Transportation;
4813 7. In the case of plan amendments relating to public
4814 schools, the Department of Education;
4815 8. In the case of plans or plan amendments that affect a
4816 military installation listed in s. 163.3175, the commanding
4817 officer of the affected military installation;
4818 9. In the case of county plans and plan amendments, the
4819 Fish and Wildlife Conservation Commission and the Department of
4820 Agriculture and Consumer Services; and
4821 10. In the case of municipal plans and plan amendments, the
4822 county in which the municipality is located.
4823 (2) COORDINATION.—Each comprehensive plan or plan amendment
4824 proposed to be adopted pursuant to this part, except amendments
4825 adopted pursuant to s. 163.32465 or s. 163.3187, shall be
4826 transmitted, adopted, and reviewed in the manner prescribed in
4827 this section. The state land planning agency shall have
4828 responsibility for plan review, coordination, and the
4829 preparation and transmission of comments, pursuant to this
4830 section, to the local governing body responsible for the
4831 comprehensive plan. The state land planning agency shall
4832 maintain a single file concerning any proposed or adopted plan
4833 amendment submitted by a local government for any review under
4834 this section. Copies of all correspondence, papers, notes,
4835 memoranda, and other documents received or generated by the
4836 state land planning agency must be placed in the appropriate
4837 file. Paper copies of all electronic mail correspondence must be
4838 placed in the file. The file and its contents must be available
4839 for public inspection and copying as provided in chapter 119.
4840 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
4841 AMENDMENT.—
4842 (a) Each local governing body shall transmit the complete
4843 proposed comprehensive plan or plan amendment to the reviewing
4844 agencies state land planning agency, the appropriate regional
4845 planning council and water management district, the Department
4846 of Environmental Protection, the Department of State, and the
4847 Department of Transportation, and, in the case of municipal
4848 plans, to the appropriate county, and, in the case of county
4849 plans, to the Fish and Wildlife Conservation Commission and the
4850 Department of Agriculture and Consumer Services, immediately
4851 following a public hearing pursuant to subsection (15) as
4852 specified in the state land planning agency’s procedural rules.
4853 The local governing body shall also transmit a copy of the
4854 complete proposed comprehensive plan or plan amendment to any
4855 other unit of local government or government agency in the state
4856 that has filed a written request with the governing body for the
4857 plan or plan amendment. The local government may request a
4858 review by the state land planning agency pursuant to subsection
4859 (6) at the time of the transmittal of an amendment.
4860 (b) A local governing body shall not transmit portions of a
4861 plan or plan amendment unless it has previously provided to all
4862 state agencies designated by the state land planning agency a
4863 complete copy of its adopted comprehensive plan pursuant to
4864 subsection (7) and as specified in the agency’s procedural
4865 rules. In the case of comprehensive plan amendments, the local
4866 governing body shall transmit to the state land planning agency,
4867 the other reviewing agencies appropriate regional planning
4868 council and water management district, the Department of
4869 Environmental Protection, the Department of State, and the
4870 Department of Transportation, and, in the case of municipal
4871 plans, to the appropriate county and, in the case of county
4872 plans, to the Fish and Wildlife Conservation Commission and the
4873 Department of Agriculture and Consumer Services the supporting
4874 materials specified in the state land planning agency’s
4875 procedural rules and, in cases in which the plan amendment is a
4876 result of an evaluation and appraisal report adopted pursuant to
4877 s. 163.3191, a copy of the evaluation and appraisal report.
4878 Local governing bodies shall consolidate all proposed plan
4879 amendments into a single submission for each of the two plan
4880 amendment adoption dates during the calendar year pursuant to s.
4881 163.3187.
4882 (c) A local government may adopt a proposed plan amendment
4883 previously transmitted pursuant to this subsection, unless
4884 review is requested or otherwise initiated pursuant to
4885 subsection (6).
4886 (d) In cases in which a local government transmits multiple
4887 individual amendments that can be clearly and legally separated
4888 and distinguished for the purpose of determining whether to
4889 review the proposed amendment, and the state land planning
4890 agency elects to review several or a portion of the amendments
4891 and the local government chooses to immediately adopt the
4892 remaining amendments not reviewed, the amendments immediately
4893 adopted and any reviewed amendments that the local government
4894 subsequently adopts together constitute one amendment cycle in
4895 accordance with s. 163.3187(1).
4896 (e) At the request of an applicant, a local government
4897 shall consider an application for zoning changes that would be
4898 required to properly enact the provisions of any proposed plan
4899 amendment transmitted pursuant to this subsection. Zoning
4900 changes approved by the local government are contingent upon the
4901 comprehensive plan or plan amendment transmitted becoming
4902 effective.
4903 (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
4904 specified in paragraph (3)(a) shall provide comments to the
4905 state land planning agency within 30 days after receipt by the
4906 state land planning agency of the complete proposed plan
4907 amendment. If the plan or plan amendment includes or relates to
4908 the public school facilities element pursuant to s.
4909 163.3177(12), the state land planning agency shall submit a copy
4910 to the Office of Educational Facilities of the Commissioner of
4911 Education for review and comment. The appropriate regional
4912 planning council shall also provide its written comments to the
4913 state land planning agency within 30 days after receipt by the
4914 state land planning agency of the complete proposed plan
4915 amendment and shall specify any objections, recommendations for
4916 modifications, and comments of any other regional agencies to
4917 which the regional planning council may have referred the
4918 proposed plan amendment. Written comments submitted by the
4919 public within 30 days after notice of transmittal by the local
4920 government of the proposed plan amendment will be considered as
4921 if submitted by governmental agencies. All written agency and
4922 public comments must be made part of the file maintained under
4923 subsection (2).
4924 (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.—The review of
4925 the regional planning council pursuant to subsection (4) shall
4926 be limited to effects on regional resources or facilities
4927 identified in the strategic regional policy plan and
4928 extrajurisdictional impacts which would be inconsistent with the
4929 comprehensive plan of the affected local government. However,
4930 any inconsistency between a local plan or plan amendment and a
4931 strategic regional policy plan must not be the sole basis for a
4932 notice of intent to find a local plan or plan amendment not in
4933 compliance with this act. A regional planning council shall not
4934 review and comment on a proposed comprehensive plan it prepared
4935 itself unless the plan has been changed by the local government
4936 subsequent to the preparation of the plan by the regional
4937 planning agency. The review of the county land planning agency
4938 pursuant to subsection (4) shall be primarily in the context of
4939 the relationship and effect of the proposed plan amendment on
4940 any county comprehensive plan element. Any review by
4941 municipalities will be primarily in the context of the
4942 relationship and effect on the municipal plan.
4943 (6) STATE LAND PLANNING AGENCY REVIEW.—
4944 (a) For plan amendments being reviewed under this section,
4945 the state land planning agency shall review a proposed plan
4946 amendment upon request of a regional planning council, affected
4947 person, or local government transmitting the plan amendment. The
4948 request from the regional planning council or affected person
4949 must be received within 30 days after transmittal of the
4950 proposed plan amendment pursuant to subsection (3). A regional
4951 planning council or affected person requesting a review shall do
4952 so by submitting a written request to the agency with a notice
4953 of the request to the local government and any other person who
4954 has requested notice.
4955 (b) For plan amendments being reviewed under this section,
4956 the state land planning agency may review any proposed plan
4957 amendment regardless of whether a request for review has been
4958 made, if the agency gives notice to the local government, and
4959 any other person who has requested notice, of its intention to
4960 conduct such a review within 35 days after receipt of the
4961 complete proposed plan amendment.
4962 (c) The state land planning agency shall establish by rule
4963 a schedule for receipt of comments from the various government
4964 agencies, as well as written public comments, pursuant to
4965 subsection (4). If the state land planning agency elects to
4966 review the amendment or the agency is required to review the
4967 amendment as specified in paragraph (a), the agency shall issue
4968 a report giving its objections, recommendations, and comments
4969 regarding the proposed amendment within 60 days after receipt of
4970 the complete proposed amendment by the state land planning
4971 agency. When a federal, state, or regional agency has
4972 implemented a permitting program, the state land planning agency
4973 shall not require a local government to duplicate or exceed that
4974 permitting program in its comprehensive plan or to implement
4975 such a permitting program in its land development regulations.
4976 Nothing contained herein shall prohibit the state land planning
4977 agency in conducting its review of local plans or plan
4978 amendments from making objections, recommendations, and comments
4979 or making compliance determinations regarding densities and
4980 intensities consistent with the provisions of this part. In
4981 preparing its comments, the state land planning agency shall
4982 only base its considerations on written, and not oral, comments,
4983 from any source.
4984 (d) The state land planning agency review shall identify
4985 all written communications with the agency regarding the
4986 proposed plan amendment. If the state land planning agency does
4987 not issue such a review, it shall identify in writing to the
4988 local government all written communications received 30 days
4989 after transmittal. The written identification must include a
4990 list of all documents received or generated by the agency, which
4991 list must be of sufficient specificity to enable the documents
4992 to be identified and copies requested, if desired, and the name
4993 of the person to be contacted to request copies of any
4994 identified document. The list of documents must be made a part
4995 of the public records of the state land planning agency.
4996 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
4997 OR AMENDMENTS AND TRANSMITTAL.—
4998 (a) The local government shall review the written comments
4999 submitted to it by the state land planning agency, and any other
5000 person, agency, or government. Any comments, recommendations, or
5001 objections and any reply to them shall be public documents, a
5002 part of the permanent record in the matter, and admissible in
5003 any proceeding in which the comprehensive plan or plan amendment
5004 may be at issue. The local government, upon receipt of written
5005 comments from the state land planning agency, shall have 120
5006 days to adopt or adopt with changes the proposed comprehensive
5007 plan or s. 163.3191 plan amendments. In the case of
5008 comprehensive plan amendments other than those proposed pursuant
5009 to s. 163.3191, the local government shall have 60 days to adopt
5010 the amendment, adopt the amendment with changes, or determine
5011 that it will not adopt the amendment. The adoption of the
5012 proposed plan or plan amendment or the determination not to
5013 adopt a plan amendment, other than a plan amendment proposed
5014 pursuant to s. 163.3191, shall be made in the course of a public
5015 hearing pursuant to subsection (15). The local government shall
5016 transmit the complete adopted comprehensive plan or plan
5017 amendment, including the names and addresses of persons compiled
5018 pursuant to paragraph (15)(c), to the state land planning agency
5019 as specified in the agency’s procedural rules within 10 working
5020 days after adoption. The local governing body shall also
5021 transmit a copy of the adopted comprehensive plan or plan
5022 amendment to the regional planning agency and to any other unit
5023 of local government or governmental agency in the state that has
5024 filed a written request with the governing body for a copy of
5025 the plan or plan amendment.
5026 (b) If the adopted plan amendment is unchanged from the
5027 proposed plan amendment transmitted pursuant to subsection (3)
5028 and an affected person as defined in paragraph (1)(a) did not
5029 raise any objection and, the state land planning agency did not
5030 review the proposed plan amendment, and the state land planning
5031 agency did not raise any objections during its review pursuant
5032 to subsection (6), the local government may state in the
5033 transmittal letter that the plan amendment is unchanged and was
5034 not the subject of objections.
5035 (8) NOTICE OF INTENT.—
5036 (a) If the transmittal letter correctly states that the
5037 plan amendment is unchanged and was not the subject of review or
5038 objections pursuant to paragraph (7)(b), the state land planning
5039 agency has 20 days after receipt of the transmittal letter
5040 within which to issue a notice of intent that the plan amendment
5041 is in compliance.
5042 (b) Except as provided in paragraph (a) or in s.
5043 163.3187(3), the state land planning agency, upon receipt of a
5044 local government’s complete adopted comprehensive plan or plan
5045 amendment, shall have 45 days for review and to determine if the
5046 plan or plan amendment is in compliance with this act, unless
5047 the amendment is the result of a compliance agreement entered
5048 into under subsection (16), in which case the time period for
5049 review and determination shall be 30 days. If review was not
5050 conducted under subsection (6), The agency’s determination must
5051 be based upon the plan amendment as adopted. If review was
5052 conducted under subsection (6), the agency’s determination of
5053 compliance must be based only upon one or both of the following:
5054 1. The state land planning agency’s written comments to the
5055 local government pursuant to subsection (6); or
5056 2. Any changes made by the local government to the
5057 comprehensive plan or plan amendment as adopted.
5058 (c)1. During the time period provided for in this
5059 subsection, the state land planning agency shall issue, through
5060 a senior administrator or the secretary, as specified in the
5061 agency’s procedural rules, a notice of intent to find that the
5062 plan or plan amendment is in compliance or not in compliance. A
5063 notice of intent shall be issued by publication in the manner
5064 provided by this paragraph and by mailing a copy to the local
5065 government. The advertisement shall be placed in that portion of
5066 the newspaper where legal notices appear. The advertisement
5067 shall be published in a newspaper that meets the size and
5068 circulation requirements set forth in paragraph (15)(e) and that
5069 has been designated in writing by the affected local government
5070 at the time of transmittal of the amendment. Publication by the
5071 state land planning agency of a notice of intent in the
5072 newspaper designated by the local government shall be prima
5073 facie evidence of compliance with the publication requirements
5074 of this section. The state land planning agency shall post a
5075 copy of the notice of intent on the agency’s Internet site. The
5076 agency shall, no later than the date the notice of intent is
5077 transmitted to the newspaper, send by regular mail a courtesy
5078 informational statement to persons who provide their names and
5079 addresses to the local government at the transmittal hearing or
5080 at the adoption hearing where the local government has provided
5081 the names and addresses of such persons to the department at the
5082 time of transmittal of the adopted amendment. The informational
5083 statements shall include the name of the newspaper in which the
5084 notice of intent will appear, the approximate date of
5085 publication, the ordinance number of the plan or plan amendment,
5086 and a statement that affected persons have 21 days after the
5087 actual date of publication of the notice to file a petition.
5088 2. A local government that has an Internet site shall post
5089 a copy of the state land planning agency’s notice of intent on
5090 the site within 5 days after receipt of the mailed copy of the
5091 agency’s notice of intent.
5092 (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
5093 (a) If the state land planning agency issues a notice of
5094 intent to find that the comprehensive plan or plan amendment
5095 transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5096 or s. 163.3191 is in compliance with this act, any affected
5097 person may file a petition with the agency pursuant to ss.
5098 120.569 and 120.57 within 21 days after the publication of
5099 notice. In this proceeding, the local plan or plan amendment
5100 shall be determined to be in compliance if the local
5101 government’s determination of compliance is fairly debatable.
5102 (b) The hearing shall be conducted by an administrative law
5103 judge of the Division of Administrative Hearings of the
5104 Department of Management Services, who shall hold the hearing in
5105 the county of and convenient to the affected local jurisdiction
5106 and submit a recommended order to the state land planning
5107 agency. The state land planning agency shall allow for the
5108 filing of exceptions to the recommended order and shall issue a
5109 final order after receipt of the recommended order if the state
5110 land planning agency determines that the plan or plan amendment
5111 is in compliance. If the state land planning agency determines
5112 that the plan or plan amendment is not in compliance, the agency
5113 shall submit the recommended order to the Administration
5114 Commission for final agency action.
5115 (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5116 COMPLIANCE.—
5117 (a) If the state land planning agency issues a notice of
5118 intent to find the comprehensive plan or plan amendment not in
5119 compliance with this act, the notice of intent shall be
5120 forwarded to the Division of Administrative Hearings of the
5121 Department of Management Services, which shall conduct a
5122 proceeding under ss. 120.569 and 120.57 in the county of and
5123 convenient to the affected local jurisdiction. The parties to
5124 the proceeding shall be the state land planning agency, the
5125 affected local government, and any affected person who
5126 intervenes. No new issue may be alleged as a reason to find a
5127 plan or plan amendment not in compliance in an administrative
5128 pleading filed more than 21 days after publication of notice
5129 unless the party seeking that issue establishes good cause for
5130 not alleging the issue within that time period. Good cause shall
5131 not include excusable neglect. In the proceeding, the local
5132 government’s determination that the comprehensive plan or plan
5133 amendment is in compliance is presumed to be correct. The local
5134 government’s determination shall be sustained unless it is shown
5135 by a preponderance of the evidence that the comprehensive plan
5136 or plan amendment is not in compliance. The local government’s
5137 determination that elements of its plans are related to and
5138 consistent with each other shall be sustained if the
5139 determination is fairly debatable.
5140 (b) The administrative law judge assigned by the division
5141 shall submit a recommended order to the Administration
5142 Commission for final agency action.
5143 (c) Prior to the hearing, the state land planning agency
5144 shall afford an opportunity to mediate or otherwise resolve the
5145 dispute. If a party to the proceeding requests mediation or
5146 other alternative dispute resolution, the hearing may not be
5147 held until the state land planning agency advises the
5148 administrative law judge in writing of the results of the
5149 mediation or other alternative dispute resolution. However, the
5150 hearing may not be delayed for longer than 90 days for mediation
5151 or other alternative dispute resolution unless a longer delay is
5152 agreed to by the parties to the proceeding. The costs of the
5153 mediation or other alternative dispute resolution shall be borne
5154 equally by all of the parties to the proceeding.
5155 (11) ADMINISTRATION COMMISSION.—
5156 (a) If the Administration Commission, upon a hearing
5157 pursuant to subsection (9) or subsection (10), finds that the
5158 comprehensive plan or plan amendment is not in compliance with
5159 this act, the commission shall specify remedial actions which
5160 would bring the comprehensive plan or plan amendment into
5161 compliance. The commission may direct state agencies not to
5162 provide funds to increase the capacity of roads, bridges, or
5163 water and sewer systems within the boundaries of those local
5164 governmental entities which have comprehensive plans or plan
5165 elements that are determined not to be in compliance. The
5166 commission order may also specify that the local government
5167 shall not be eligible for grants administered under the
5168 following programs:
5169 1. The Florida Small Cities Community Development Block
5170 Grant Program, as authorized by ss. 290.0401-290.049.
5171 2. The Florida Recreation Development Assistance Program,
5172 as authorized by chapter 375.
5173 3. Revenue sharing pursuant to ss. 206.60, 210.20, and
5174 218.61 and chapter 212, to the extent not pledged to pay back
5175 bonds.
5176 (b) If the local government is one which is required to
5177 include a coastal management element in its comprehensive plan
5178 pursuant to s. 163.3177(6)(g), the commission order may also
5179 specify that the local government is not eligible for funding
5180 pursuant to s. 161.091. The commission order may also specify
5181 that the fact that the coastal management element has been
5182 determined to be not in compliance shall be a consideration when
5183 the department considers permits under s. 161.053 and when the
5184 Board of Trustees of the Internal Improvement Trust Fund
5185 considers whether to sell, convey any interest in, or lease any
5186 sovereignty lands or submerged lands until the element is
5187 brought into compliance.
5188 (c) The sanctions provided by paragraphs (a) and (b) do
5189 shall not apply to a local government regarding any plan
5190 amendment, except for plan amendments that amend plans that have
5191 not been finally determined to be in compliance with this part,
5192 and except as provided in s. 163.3189(2) or s. 163.3191 s.
5193 163.3191(11).
5194 (12) GOOD FAITH FILING.—The signature of an attorney or
5195 party constitutes a certificate that he or she has read the
5196 pleading, motion, or other paper and that, to the best of his or
5197 her knowledge, information, and belief formed after reasonable
5198 inquiry, it is not interposed for any improper purpose, such as
5199 to harass or to cause unnecessary delay, or for economic
5200 advantage, competitive reasons, or frivolous purposes or
5201 needless increase in the cost of litigation. If a pleading,
5202 motion, or other paper is signed in violation of these
5203 requirements, the administrative law judge, upon motion or his
5204 or her own initiative, shall impose upon the person who signed
5205 it, a represented party, or both, an appropriate sanction, which
5206 may include an order to pay to the other party or parties the
5207 amount of reasonable expenses incurred because of the filing of
5208 the pleading, motion, or other paper, including a reasonable
5209 attorney’s fee.
5210 (13) EXCLUSIVE PROCEEDINGS.—The proceedings under this
5211 section shall be the sole proceeding or action for a
5212 determination of whether a local government’s plan, element, or
5213 amendment is in compliance with this act.
5214 (14) AREAS OF CRITICAL STATE CONCERN.—No proposed local
5215 government comprehensive plan or plan amendment which is
5216 applicable to a designated area of critical state concern shall
5217 be effective until a final order is issued finding the plan or
5218 amendment to be in compliance as defined in this section.
5219 (15) PUBLIC HEARINGS.—
5220 (a) The procedure for transmittal of a complete proposed
5221 comprehensive plan or plan amendment pursuant to subsection (3)
5222 and for adoption of a comprehensive plan or plan amendment
5223 pursuant to subsection (7) shall be by affirmative vote of not
5224 less than a majority of the members of the governing body
5225 present at the hearing. The adoption of a comprehensive plan or
5226 plan amendment shall be by ordinance. For the purposes of
5227 transmitting or adopting a comprehensive plan or plan amendment,
5228 the notice requirements in chapters 125 and 166 are superseded
5229 by this subsection, except as provided in this part.
5230 (b) The local governing body shall hold at least two
5231 advertised public hearings on the proposed comprehensive plan or
5232 plan amendment as follows:
5233 1. The first public hearing shall be held at the
5234 transmittal stage pursuant to subsection (3). It shall be held
5235 on a weekday at least 7 days after the day that the first
5236 advertisement is published.
5237 2. The second public hearing shall be held at the adoption
5238 stage pursuant to subsection (7). It shall be held on a weekday
5239 at least 5 days after the day that the second advertisement is
5240 published.
5241 (c) The local government shall provide a sign-in form at
5242 the transmittal hearing and at the adoption hearing for persons
5243 to provide their names and mailing addresses. The sign-in form
5244 must advise that any person providing the requested information
5245 will receive a courtesy informational statement concerning
5246 publications of the state land planning agency’s notice of
5247 intent. The local government shall add to the sign-in form the
5248 name and address of any person who submits written comments
5249 concerning the proposed plan or plan amendment during the time
5250 period between the commencement of the transmittal hearing and
5251 the end of the adoption hearing. It is the responsibility of the
5252 person completing the form or providing written comments to
5253 accurately, completely, and legibly provide all information
5254 needed in order to receive the courtesy informational statement.
5255 (d) The agency shall provide a model sign-in form for
5256 providing the list to the agency which may be used by the local
5257 government to satisfy the requirements of this subsection.
5258 (e) If the proposed comprehensive plan or plan amendment
5259 changes the actual list of permitted, conditional, or prohibited
5260 uses within a future land use category or changes the actual
5261 future land use map designation of a parcel or parcels of land,
5262 the required advertisements shall be in the format prescribed by
5263 s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5264 municipality.
5265 (16) COMPLIANCE AGREEMENTS.—
5266 (a) At any time following the issuance of a notice of
5267 intent to find a comprehensive plan or plan amendment not in
5268 compliance with this part or after the initiation of a hearing
5269 pursuant to subsection (9), the state land planning agency and
5270 the local government may voluntarily enter into a compliance
5271 agreement to resolve one or more of the issues raised in the
5272 proceedings. Affected persons who have initiated a formal
5273 proceeding or have intervened in a formal proceeding may also
5274 enter into the compliance agreement. All parties granted
5275 intervenor status shall be provided reasonable notice of the
5276 commencement of a compliance agreement negotiation process and a
5277 reasonable opportunity to participate in such negotiation
5278 process. Negotiation meetings with local governments or
5279 intervenors shall be open to the public. The state land planning
5280 agency shall provide each party granted intervenor status with a
5281 copy of the compliance agreement within 10 days after the
5282 agreement is executed. The compliance agreement shall list each
5283 portion of the plan or plan amendment which is not in
5284 compliance, and shall specify remedial actions which the local
5285 government must complete within a specified time in order to
5286 bring the plan or plan amendment into compliance, including
5287 adoption of all necessary plan amendments. The compliance
5288 agreement may also establish monitoring requirements and
5289 incentives to ensure that the conditions of the compliance
5290 agreement are met.
5291 (b) Upon filing by the state land planning agency of a
5292 compliance agreement executed by the agency and the local
5293 government with the Division of Administrative Hearings, any
5294 administrative proceeding under ss. 120.569 and 120.57 regarding
5295 the plan or plan amendment covered by the compliance agreement
5296 shall be stayed.
5297 (c) Prior to its execution of a compliance agreement, the
5298 local government must approve the compliance agreement at a
5299 public hearing advertised at least 10 days before the public
5300 hearing in a newspaper of general circulation in the area in
5301 accordance with the advertisement requirements of subsection
5302 (15).
5303 (d) A local government may adopt a plan amendment pursuant
5304 to a compliance agreement in accordance with the requirements of
5305 paragraph (15)(a). The plan amendment shall be exempt from the
5306 requirements of subsections (2)-(7). The local government shall
5307 hold a single adoption public hearing pursuant to the
5308 requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5309 Within 10 working days after adoption of a plan amendment, the
5310 local government shall transmit the amendment to the state land
5311 planning agency as specified in the agency’s procedural rules,
5312 and shall submit one copy to the regional planning agency and to
5313 any other unit of local government or government agency in the
5314 state that has filed a written request with the governing body
5315 for a copy of the plan amendment, and one copy to any party to
5316 the proceeding under ss. 120.569 and 120.57 granted intervenor
5317 status.
5318 (e) The state land planning agency, upon receipt of a plan
5319 amendment adopted pursuant to a compliance agreement, shall
5320 issue a cumulative notice of intent addressing both the
5321 compliance agreement amendment and the plan or plan amendment
5322 that was the subject of the agreement, in accordance with
5323 subsection (8).
5324 (f)1. If the local government adopts a comprehensive plan
5325 amendment pursuant to a compliance agreement and a notice of
5326 intent to find the plan amendment in compliance is issued, the
5327 state land planning agency shall forward the notice of intent to
5328 the Division of Administrative Hearings and the administrative
5329 law judge shall realign the parties in the pending proceeding
5330 under ss. 120.569 and 120.57, which shall thereafter be governed
5331 by the process contained in paragraphs (9)(a) and (b), including
5332 provisions relating to challenges by an affected person, burden
5333 of proof, and issues of a recommended order and a final order,
5334 except as provided in subparagraph 2. Parties to the original
5335 proceeding at the time of realignment may continue as parties
5336 without being required to file additional pleadings to initiate
5337 a proceeding, but may timely amend their pleadings to raise any
5338 challenge to the amendment which is the subject of the
5339 cumulative notice of intent, and must otherwise conform to the
5340 rules of procedure of the Division of Administrative Hearings.
5341 Any affected person not a party to the realigned proceeding may
5342 challenge the plan amendment which is the subject of the
5343 cumulative notice of intent by filing a petition with the agency
5344 as provided in subsection (9). The agency shall forward the
5345 petition filed by the affected person not a party to the
5346 realigned proceeding to the Division of Administrative Hearings
5347 for consolidation with the realigned proceeding.
5348 2. If any of the issues raised by the state land planning
5349 agency in the original subsection (10) proceeding are not
5350 resolved by the compliance agreement amendments, any intervenor
5351 in the original subsection (10) proceeding may require those
5352 issues to be addressed in the pending consolidated realigned
5353 proceeding under ss. 120.569 and 120.57. As to those unresolved
5354 issues, the burden of proof shall be governed by subsection
5355 (10).
5356 3. If the local government adopts a comprehensive plan
5357 amendment pursuant to a compliance agreement and a notice of
5358 intent to find the plan amendment not in compliance is issued,
5359 the state land planning agency shall forward the notice of
5360 intent to the Division of Administrative Hearings, which shall
5361 consolidate the proceeding with the pending proceeding and
5362 immediately set a date for hearing in the pending proceeding
5363 under ss. 120.569 and 120.57. Affected persons who are not a
5364 party to the underlying proceeding under ss. 120.569 and 120.57
5365 may challenge the plan amendment adopted pursuant to the
5366 compliance agreement by filing a petition pursuant to subsection
5367 (10).
5368 (g) If the local government fails to adopt a comprehensive
5369 plan amendment pursuant to a compliance agreement, the state
5370 land planning agency shall notify the Division of Administrative
5371 Hearings, which shall set the hearing in the pending proceeding
5372 under ss. 120.569 and 120.57 at the earliest convenient time.
5373 (h) This subsection does not prohibit a local government
5374 from amending portions of its comprehensive plan other than
5375 those which are the subject of the compliance agreement.
5376 However, such amendments to the plan may not be inconsistent
5377 with the compliance agreement.
5378 (i) Nothing in this subsection is intended to limit the
5379 parties from entering into a compliance agreement at any time
5380 before the final order in the proceeding is issued, provided
5381 that the provisions of paragraph (c) shall apply regardless of
5382 when the compliance agreement is reached.
5383 (j) Nothing in this subsection is intended to force any
5384 party into settlement against its will or to preclude the use of
5385 other informal dispute resolution methods, such as the services
5386 offered by the Florida Growth Management Dispute Resolution
5387 Consortium, in the course of or in addition to the method
5388 described in this subsection.
5389 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
5390 local government that has adopted a community vision and urban
5391 service boundary under s. 163.3177(13) and (14) may adopt a plan
5392 amendment related to map amendments solely to property within an
5393 urban service boundary in the manner described in subsections
5394 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5395 and e., 2., and 3., such that state and regional agency review
5396 is eliminated. The department may not issue an objections,
5397 recommendations, and comments report on proposed plan amendments
5398 or a notice of intent on adopted plan amendments; however,
5399 affected persons, as defined by paragraph (1)(a), may file a
5400 petition for administrative review pursuant to the requirements
5401 of s. 163.3187(3)(a) to challenge the compliance of an adopted
5402 plan amendment. This subsection does not apply to any amendment
5403 within an area of critical state concern, to any amendment that
5404 increases residential densities allowable in high-hazard coastal
5405 areas as defined in s. 163.3178(2)(h), or to a text change to
5406 the goals, policies, or objectives of the local government’s
5407 comprehensive plan. Amendments submitted under this subsection
5408 are exempt from the limitation on the frequency of plan
5409 amendments in s. 163.3187.
5410 (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
5411 municipality that has a designated urban infill and
5412 redevelopment area under s. 163.2517 may adopt a plan amendment
5413 related to map amendments solely to property within a designated
5414 urban infill and redevelopment area in the manner described in
5415 subsections (1), (2), (7), (14), (15), and (16) and s.
5416 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5417 regional agency review is eliminated. The department may not
5418 issue an objections, recommendations, and comments report on
5419 proposed plan amendments or a notice of intent on adopted plan
5420 amendments; however, affected persons, as defined by paragraph
5421 (1)(a), may file a petition for administrative review pursuant
5422 to the requirements of s. 163.3187(3)(a) to challenge the
5423 compliance of an adopted plan amendment. This subsection does
5424 not apply to any amendment within an area of critical state
5425 concern, to any amendment that increases residential densities
5426 allowable in high-hazard coastal areas as defined in s.
5427 163.3178(2)(h), or to a text change to the goals, policies, or
5428 objectives of the local government’s comprehensive plan.
5429 Amendments submitted under this subsection are exempt from the
5430 limitation on the frequency of plan amendments in s. 163.3187.
5431 (19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.—Any local
5432 government that identifies in its comprehensive plan the types
5433 of housing developments and conditions for which it will
5434 consider plan amendments that are consistent with the local
5435 housing incentive strategies identified in s. 420.9076 and
5436 authorized by the local government may expedite consideration of
5437 such plan amendments. At least 30 days prior to adopting a plan
5438 amendment pursuant to this subsection, the local government
5439 shall notify the state land planning agency of its intent to
5440 adopt such an amendment, and the notice shall include the local
5441 government’s evaluation of site suitability and availability of
5442 facilities and services. A plan amendment considered under this
5443 subsection shall require only a single public hearing before the
5444 local governing body, which shall be a plan amendment adoption
5445 hearing as described in subsection (7). The public notice of the
5446 hearing required under subparagraph (15)(b)2. must include a
5447 statement that the local government intends to use the expedited
5448 adoption process authorized under this subsection. The state
5449 land planning agency shall issue its notice of intent required
5450 under subsection (8) within 30 days after determining that the
5451 amendment package is complete. Any further proceedings shall be
5452 governed by subsections (9)-(16).
5453 Section 19. Section 163.3187, Florida Statutes, is amended
5454 to read:
5455 163.3187 Process for adoption of small-scale comprehensive
5456 plan amendment of adopted comprehensive plan.—
5457 (1) Amendments to comprehensive plans adopted pursuant to
5458 this part may be made not more than two times during any
5459 calendar year, except:
5460 (a) In the case of an emergency, comprehensive plan
5461 amendments may be made more often than twice during the calendar
5462 year if the additional plan amendment receives the approval of
5463 all of the members of the governing body. “Emergency” means any
5464 occurrence or threat thereof whether accidental or natural,
5465 caused by humankind, in war or peace, which results or may
5466 result in substantial injury or harm to the population or
5467 substantial damage to or loss of property or public funds.
5468 (b) Any local government comprehensive plan amendments
5469 directly related to a proposed development of regional impact,
5470 including changes which have been determined to be substantial
5471 deviations and including Florida Quality Developments pursuant
5472 to s. 380.061, may be initiated by a local planning agency and
5473 considered by the local governing body at the same time as the
5474 application for development approval using the procedures
5475 provided for local plan amendment in this section and applicable
5476 local ordinances.
5477 (1)(c) Any local government comprehensive plan amendments
5478 directly related to proposed small scale development activities
5479 may be approved without regard to statutory limits on the
5480 frequency of consideration of amendments to the local
5481 comprehensive plan. A small scale development amendment may be
5482 adopted only under the following conditions:
5483 (a)1. The proposed amendment involves a use of 10 acres or
5484 fewer and:
5485 (b)a. The cumulative annual effect of the acreage for all
5486 small scale development amendments adopted by the local
5487 government shall not exceed:
5488 (I) a maximum of 120 acres in a calendar year. local
5489 government that contains areas specifically designated in the
5490 local comprehensive plan for urban infill, urban redevelopment,
5491 or downtown revitalization as defined in s. 163.3164, urban
5492 infill and redevelopment areas designated under s. 163.2517,
5493 transportation concurrency exception areas approved pursuant to
5494 s. 163.3180(5), or regional activity centers and urban central
5495 business districts approved pursuant to s. 380.06(2)(e);
5496 however, amendments under this paragraph may be applied to no
5497 more than 60 acres annually of property outside the designated
5498 areas listed in this sub-sub-subparagraph. Amendments adopted
5499 pursuant to paragraph (k) shall not be counted toward the
5500 acreage limitations for small scale amendments under this
5501 paragraph.
5502 (II) A maximum of 80 acres in a local government that does
5503 not contain any of the designated areas set forth in sub-sub
5504 subparagraph (I).
5505 (III) A maximum of 120 acres in a county established
5506 pursuant to s. 9, Art. VIII of the State Constitution.
5507 b. The proposed amendment does not involve the same
5508 property granted a change within the prior 12 months.
5509 c. The proposed amendment does not involve the same owner’s
5510 property within 200 feet of property granted a change within the
5511 prior 12 months.
5512 (c)d. The proposed amendment does not involve a text change
5513 to the goals, policies, and objectives of the local government’s
5514 comprehensive plan, but only proposes a land use change to the
5515 future land use map for a site-specific small scale development
5516 activity. However, text changes that relate directly to, and are
5517 adopted simultaneously with, the small scale future land use map
5518 amendment shall be permissible under this section.
5519 (d)e. The property that is the subject of the proposed
5520 amendment is not located within an area of critical state
5521 concern, unless the project subject to the proposed amendment
5522 involves the construction of affordable housing units meeting
5523 the criteria of s. 420.0004(3), and is located within an area of
5524 critical state concern designated by s. 380.0552 or by the
5525 Administration Commission pursuant to s. 380.05(1). Such
5526 amendment is not subject to the density limitations of sub
5527 subparagraph f., and shall be reviewed by the state land
5528 planning agency for consistency with the principles for guiding
5529 development applicable to the area of critical state concern
5530 where the amendment is located and shall not become effective
5531 until a final order is issued under s. 380.05(6).
5532 f. If the proposed amendment involves a residential land
5533 use, the residential land use has a density of 10 units or less
5534 per acre or the proposed future land use category allows a
5535 maximum residential density of the same or less than the maximum
5536 residential density allowable under the existing future land use
5537 category, except that this limitation does not apply to small
5538 scale amendments involving the construction of affordable
5539 housing units meeting the criteria of s. 420.0004(3) on property
5540 which will be the subject of a land use restriction agreement,
5541 or small scale amendments described in sub-sub-subparagraph
5542 a.(I) that are designated in the local comprehensive plan for
5543 urban infill, urban redevelopment, or downtown revitalization as
5544 defined in s. 163.3164, urban infill and redevelopment areas
5545 designated under s. 163.2517, transportation concurrency
5546 exception areas approved pursuant to s. 163.3180(5), or regional
5547 activity centers and urban central business districts approved
5548 pursuant to s. 380.06(2)(e).
5549 2.a. A local government that proposes to consider a plan
5550 amendment pursuant to this paragraph is not required to comply
5551 with the procedures and public notice requirements of s.
5552 163.3184(15)(c) for such plan amendments if the local government
5553 complies with the provisions in s. 125.66(4)(a) for a county or
5554 in s. 166.041(3)(c) for a municipality. If a request for a plan
5555 amendment under this paragraph is initiated by other than the
5556 local government, public notice is required.
5557 b. The local government shall send copies of the notice and
5558 amendment to the state land planning agency, the regional
5559 planning council, and any other person or entity requesting a
5560 copy. This information shall also include a statement
5561 identifying any property subject to the amendment that is
5562 located within a coastal high-hazard area as identified in the
5563 local comprehensive plan.
5564 (2)3. Small scale development amendments adopted pursuant
5565 to this section paragraph require only one public hearing before
5566 the governing board, which shall be an adoption hearing as
5567 described in s. 163.3184(7), and are not subject to the
5568 requirements of s. 163.3184(3)-(6) unless the local government
5569 elects to have them subject to those requirements.
5570 (3)4. If the small scale development amendment involves a
5571 site within an area that is designated by the Governor as a
5572 rural area of critical economic concern as defined under s.
5573 288.0656(2)(d)(7) for the duration of such designation, the 10
5574 acre limit listed in subsection (1) subparagraph 1. shall be
5575 increased by 100 percent to 20 acres. The local government
5576 approving the small scale plan amendment shall certify to the
5577 Office of Tourism, Trade, and Economic Development that the plan
5578 amendment furthers the economic objectives set forth in the
5579 executive order issued under s. 288.0656(7), and the property
5580 subject to the plan amendment shall undergo public review to
5581 ensure that all concurrency requirements and federal, state, and
5582 local environmental permit requirements are met.
5583 (d) Any comprehensive plan amendment required by a
5584 compliance agreement pursuant to s. 163.3184(16) may be approved
5585 without regard to statutory limits on the frequency of adoption
5586 of amendments to the comprehensive plan.
5587 (e) A comprehensive plan amendment for location of a state
5588 correctional facility. Such an amendment may be made at any time
5589 and does not count toward the limitation on the frequency of
5590 plan amendments.
5591 (f) The capital improvements element annual update required
5592 in s. 163.3177(3)(b)1. and any amendments directly related to
5593 the schedule.
5594 (g) Any local government comprehensive plan amendments
5595 directly related to proposed redevelopment of brownfield areas
5596 designated under s. 376.80 may be approved without regard to
5597 statutory limits on the frequency of consideration of amendments
5598 to the local comprehensive plan.
5599 (h) Any comprehensive plan amendments for port
5600 transportation facilities and projects that are eligible for
5601 funding by the Florida Seaport Transportation and Economic
5602 Development Council pursuant to s. 311.07.
5603 (i) A comprehensive plan amendment for the purpose of
5604 designating an urban infill and redevelopment area under s.
5605 163.2517 may be approved without regard to the statutory limits
5606 on the frequency of amendments to the comprehensive plan.
5607 (j) Any comprehensive plan amendment to establish public
5608 school concurrency pursuant to s. 163.3180(13), including, but
5609 not limited to, adoption of a public school facilities element
5610 and adoption of amendments to the capital improvements element
5611 and intergovernmental coordination element. In order to ensure
5612 the consistency of local government public school facilities
5613 elements within a county, such elements shall be prepared and
5614 adopted on a similar time schedule.
5615 (k) A local comprehensive plan amendment directly related
5616 to providing transportation improvements to enhance life safety
5617 on Controlled Access Major Arterial Highways identified in the
5618 Florida Intrastate Highway System, in counties as defined in s.
5619 125.011, where such roadways have a high incidence of traffic
5620 accidents resulting in serious injury or death. Any such
5621 amendment shall not include any amendment modifying the
5622 designation on a comprehensive development plan land use map nor
5623 any amendment modifying the allowable densities or intensities
5624 of any land.
5625 (l) A comprehensive plan amendment to adopt a public
5626 educational facilities element pursuant to s. 163.3177(12) and
5627 future land-use-map amendments for school siting may be approved
5628 notwithstanding statutory limits on the frequency of adopting
5629 plan amendments.
5630 (m) A comprehensive plan amendment that addresses criteria
5631 or compatibility of land uses adjacent to or in close proximity
5632 to military installations in a local government’s future land
5633 use element does not count toward the limitation on the
5634 frequency of the plan amendments.
5635 (n) Any local government comprehensive plan amendment
5636 establishing or implementing a rural land stewardship area
5637 pursuant to the provisions of s. 163.3177(11)(d).
5638 (o) A comprehensive plan amendment that is submitted by an
5639 area designated by the Governor as a rural area of critical
5640 economic concern under s. 288.0656(7) and that meets the
5641 economic development objectives may be approved without regard
5642 to the statutory limits on the frequency of adoption of
5643 amendments to the comprehensive plan.
5644 (p) Any local government comprehensive plan amendment that
5645 is consistent with the local housing incentive strategies
5646 identified in s. 420.9076 and authorized by the local
5647 government.
5648 (q) Any local government plan amendment to designate an
5649 urban service area as a transportation concurrency exception
5650 area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
5651 development-of-regional-impact process under s. 380.06(29).
5652 (4)(2) Comprehensive plans may only be amended in such a
5653 way as to preserve the internal consistency of the plan pursuant
5654 to s. 163.3177(2). Corrections, updates, or modifications of
5655 current costs which were set out as part of the comprehensive
5656 plan shall not, for the purposes of this act, be deemed to be
5657 amendments.
5658 (3)(a) The state land planning agency shall not review or
5659 issue a notice of intent for small scale development amendments
5660 which satisfy the requirements of paragraph (1)(c).
5661 (5)(a) Any affected person may file a petition with the
5662 Division of Administrative Hearings pursuant to ss. 120.569 and
5663 120.57 to request a hearing to challenge the compliance of a
5664 small scale development amendment with this act within 30 days
5665 following the local government’s adoption of the amendment and,
5666 shall serve a copy of the petition on the local government, and
5667 shall furnish a copy to the state land planning agency. An
5668 administrative law judge shall hold a hearing in the affected
5669 jurisdiction not less than 30 days nor more than 60 days
5670 following the filing of a petition and the assignment of an
5671 administrative law judge. The parties to a hearing held pursuant
5672 to this subsection shall be the petitioner, the local
5673 government, and any intervenor. In the proceeding, the plan
5674 amendment shall be determined to be in compliance if the local
5675 government’s determination that the small scale development
5676 amendment is in compliance is fairly debatable presumed to be
5677 correct. The local government’s determination shall be sustained
5678 unless it is shown by a preponderance of the evidence that the
5679 amendment is not in compliance with the requirements of this
5680 act. In any proceeding initiated pursuant to this subsection,
5681 The state land planning agency may not intervene in any
5682 proceeding initiated pursuant to this section.
5683 (b)1. If the administrative law judge recommends that the
5684 small scale development amendment be found not in compliance,
5685 the administrative law judge shall submit the recommended order
5686 to the Administration Commission for final agency action. If the
5687 administrative law judge recommends that the small scale
5688 development amendment be found in compliance, the administrative
5689 law judge shall submit the recommended order to the state land
5690 planning agency.
5691 2. If the state land planning agency determines that the
5692 plan amendment is not in compliance, the agency shall submit,
5693 within 30 days following its receipt, the recommended order to
5694 the Administration Commission for final agency action. If the
5695 state land planning agency determines that the plan amendment is
5696 in compliance, the agency shall enter a final order within 30
5697 days following its receipt of the recommended order.
5698 (c) Small scale development amendments shall not become
5699 effective until 31 days after adoption. If challenged within 30
5700 days after adoption, small scale development amendments shall
5701 not become effective until the state land planning agency or the
5702 Administration Commission, respectively, issues a final order
5703 determining that the adopted small scale development amendment
5704 is in compliance.
5705 (d) In all challenges under this subsection, when a
5706 determination of compliance as defined in s. 163.3184(1)(b) is
5707 made, consideration shall be given to the plan amendment as a
5708 whole and whether the plan amendment furthers the intent of this
5709 part.
5710 (4) Each governing body shall transmit to the state land
5711 planning agency a current copy of its comprehensive plan not
5712 later than December 1, 1985. Each governing body shall also
5713 transmit copies of any amendments it adopts to its comprehensive
5714 plan so as to continually update the plans on file with the
5715 state land planning agency.
5716 (5) Nothing in this part is intended to prohibit or limit
5717 the authority of local governments to require that a person
5718 requesting an amendment pay some or all of the cost of public
5719 notice.
5720 (6)(a) No local government may amend its comprehensive plan
5721 after the date established by the state land planning agency for
5722 adoption of its evaluation and appraisal report unless it has
5723 submitted its report or addendum to the state land planning
5724 agency as prescribed by s. 163.3191, except for plan amendments
5725 described in paragraph (1)(b) or paragraph (1)(h).
5726 (b) A local government may amend its comprehensive plan
5727 after it has submitted its adopted evaluation and appraisal
5728 report and for a period of 1 year after the initial
5729 determination of sufficiency regardless of whether the report
5730 has been determined to be insufficient.
5731 (c) A local government may not amend its comprehensive
5732 plan, except for plan amendments described in paragraph (1)(b),
5733 if the 1-year period after the initial sufficiency determination
5734 of the report has expired and the report has not been determined
5735 to be sufficient.
5736 (d) When the state land planning agency has determined that
5737 the report has sufficiently addressed all pertinent provisions
5738 of s. 163.3191, the local government may amend its comprehensive
5739 plan without the limitations imposed by paragraph (a) or
5740 paragraph (c).
5741 (e) Any plan amendment which a local government attempts to
5742 adopt in violation of paragraph (a) or paragraph (c) is invalid,
5743 but such invalidity may be overcome if the local government
5744 readopts the amendment and transmits the amendment to the state
5745 land planning agency pursuant to s. 163.3184(7) after the report
5746 is determined to be sufficient.
5747 Section 20. Section 163.3191, Florida Statutes, is amended
5748 to read:
5749 163.3191 Evaluation and appraisal of comprehensive plan.—
5750 (1) At least once every 7 years, each local government
5751 shall evaluate its comprehensive plan to determine if plan
5752 amendments are necessary to reflect changes in state
5753 requirements in this part since the last update of the
5754 comprehensive plan, and notify the state land planning agency as
5755 to its determination.
5756 (2) If the local government determines amendments to its
5757 comprehensive plan are necessary to reflect changes in state
5758 requirements, the local government shall prepare and transmit
5759 within 1 year such plan amendment or amendments for review
5760 pursuant to s. 163.3184.
5761 (3) Local governments are encouraged to comprehensively
5762 evaluate and, as necessary, update comprehensive plans to
5763 reflect changes in local conditions. Plan amendments transmitted
5764 pursuant to this section shall be reviewed in accordance with s.
5765 163.3184.
5766 (4) If a local government fails to submit its letter
5767 prescribed by subsection (1) or update its plan pursuant to
5768 subsection (2), it may not amend its comprehensive plan until
5769 such time as it complies with this section.
5770 (1) The planning program shall be a continuous and ongoing
5771 process. Each local government shall adopt an evaluation and
5772 appraisal report once every 7 years assessing the progress in
5773 implementing the local government’s comprehensive plan.
5774 Furthermore, it is the intent of this section that:
5775 (a) Adopted comprehensive plans be reviewed through such
5776 evaluation process to respond to changes in state, regional, and
5777 local policies on planning and growth management and changing
5778 conditions and trends, to ensure effective intergovernmental
5779 coordination, and to identify major issues regarding the
5780 community’s achievement of its goals.
5781 (b) After completion of the initial evaluation and
5782 appraisal report and any supporting plan amendments, each
5783 subsequent evaluation and appraisal report must evaluate the
5784 comprehensive plan in effect at the time of the initiation of
5785 the evaluation and appraisal report process.
5786 (c) Local governments identify the major issues, if
5787 applicable, with input from state agencies, regional agencies,
5788 adjacent local governments, and the public in the evaluation and
5789 appraisal report process. It is also the intent of this section
5790 to establish minimum requirements for information to ensure
5791 predictability, certainty, and integrity in the growth
5792 management process. The report is intended to serve as a summary
5793 audit of the actions that a local government has undertaken and
5794 identify changes that it may need to make. The report should be
5795 based on the local government’s analysis of major issues to
5796 further the community’s goals consistent with statewide minimum
5797 standards. The report is not intended to require a comprehensive
5798 rewrite of the elements within the local plan, unless a local
5799 government chooses to do so.
5800 (2) The report shall present an evaluation and assessment
5801 of the comprehensive plan and shall contain appropriate
5802 statements to update the comprehensive plan, including, but not
5803 limited to, words, maps, illustrations, or other media, related
5804 to:
5805 (a) Population growth and changes in land area, including
5806 annexation, since the adoption of the original plan or the most
5807 recent update amendments.
5808 (b) The extent of vacant and developable land.
5809 (c) The financial feasibility of implementing the
5810 comprehensive plan and of providing needed infrastructure to
5811 achieve and maintain adopted level-of-service standards and
5812 sustain concurrency management systems through the capital
5813 improvements element, as well as the ability to address
5814 infrastructure backlogs and meet the demands of growth on public
5815 services and facilities.
5816 (d) The location of existing development in relation to the
5817 location of development as anticipated in the original plan, or
5818 in the plan as amended by the most recent evaluation and
5819 appraisal report update amendments, such as within areas
5820 designated for urban growth.
5821 (e) An identification of the major issues for the
5822 jurisdiction and, where pertinent, the potential social,
5823 economic, and environmental impacts.
5824 (f) Relevant changes to the state comprehensive plan, the
5825 requirements of this part, the minimum criteria contained in
5826 chapter 9J-5, Florida Administrative Code, and the appropriate
5827 strategic regional policy plan since the adoption of the
5828 original plan or the most recent evaluation and appraisal report
5829 update amendments.
5830 (g) An assessment of whether the plan objectives within
5831 each element, as they relate to major issues, have been
5832 achieved. The report shall include, as appropriate, an
5833 identification as to whether unforeseen or unanticipated changes
5834 in circumstances have resulted in problems or opportunities with
5835 respect to major issues identified in each element and the
5836 social, economic, and environmental impacts of the issue.
5837 (h) A brief assessment of successes and shortcomings
5838 related to each element of the plan.
5839 (i) The identification of any actions or corrective
5840 measures, including whether plan amendments are anticipated to
5841 address the major issues identified and analyzed in the report.
5842 Such identification shall include, as appropriate, new
5843 population projections, new revised planning timeframes, a
5844 revised future conditions map or map series, an updated capital
5845 improvements element, and any new and revised goals, objectives,
5846 and policies for major issues identified within each element.
5847 This paragraph shall not require the submittal of the plan
5848 amendments with the evaluation and appraisal report.
5849 (j) A summary of the public participation program and
5850 activities undertaken by the local government in preparing the
5851 report.
5852 (k) The coordination of the comprehensive plan with
5853 existing public schools and those identified in the applicable
5854 educational facilities plan adopted pursuant to s. 1013.35. The
5855 assessment shall address, where relevant, the success or failure
5856 of the coordination of the future land use map and associated
5857 planned residential development with public schools and their
5858 capacities, as well as the joint decisionmaking processes
5859 engaged in by the local government and the school board in
5860 regard to establishing appropriate population projections and
5861 the planning and siting of public school facilities. For those
5862 counties or municipalities that do not have a public schools
5863 interlocal agreement or public school facilities element, the
5864 assessment shall determine whether the local government
5865 continues to meet the criteria of s. 163.3177(12). If the county
5866 or municipality determines that it no longer meets the criteria,
5867 it must adopt appropriate school concurrency goals, objectives,
5868 and policies in its plan amendments pursuant to the requirements
5869 of the public school facilities element, and enter into the
5870 existing interlocal agreement required by ss. 163.3177(6)(h)2.
5871 and 163.31777 in order to fully participate in the school
5872 concurrency system.
5873 (l) The extent to which the local government has been
5874 successful in identifying alternative water supply projects and
5875 traditional water supply projects, including conservation and
5876 reuse, necessary to meet the water needs identified in s.
5877 373.709(2)(a) within the local government’s jurisdiction. The
5878 report must evaluate the degree to which the local government
5879 has implemented the work plan for building public, private, and
5880 regional water supply facilities, including development of
5881 alternative water supplies, identified in the element as
5882 necessary to serve existing and new development.
5883 (m) If any of the jurisdiction of the local government is
5884 located within the coastal high-hazard area, an evaluation of
5885 whether any past reduction in land use density impairs the
5886 property rights of current residents when redevelopment occurs,
5887 including, but not limited to, redevelopment following a natural
5888 disaster. The property rights of current residents shall be
5889 balanced with public safety considerations. The local government
5890 must identify strategies to address redevelopment feasibility
5891 and the property rights of affected residents. These strategies
5892 may include the authorization of redevelopment up to the actual
5893 built density in existence on the property prior to the natural
5894 disaster or redevelopment.
5895 (n) An assessment of whether the criteria adopted pursuant
5896 to s. 163.3177(6)(a) were successful in achieving compatibility
5897 with military installations.
5898 (o) The extent to which a concurrency exception area
5899 designated pursuant to s. 163.3180(5), a concurrency management
5900 area designated pursuant to s. 163.3180(7), or a multimodal
5901 transportation district designated pursuant to s. 163.3180(15)
5902 has achieved the purpose for which it was created and otherwise
5903 complies with the provisions of s. 163.3180.
5904 (p) An assessment of the extent to which changes are needed
5905 to develop a common methodology for measuring impacts on
5906 transportation facilities for the purpose of implementing its
5907 concurrency management system in coordination with the
5908 municipalities and counties, as appropriate pursuant to s.
5909 163.3180(10).
5910 (3) Voluntary scoping meetings may be conducted by each
5911 local government or several local governments within the same
5912 county that agree to meet together. Joint meetings among all
5913 local governments in a county are encouraged. All scoping
5914 meetings shall be completed at least 1 year prior to the
5915 established adoption date of the report. The purpose of the
5916 meetings shall be to distribute data and resources available to
5917 assist in the preparation of the report, to provide input on
5918 major issues in each community that should be addressed in the
5919 report, and to advise on the extent of the effort for the
5920 components of subsection (2). If scoping meetings are held, the
5921 local government shall invite each state and regional reviewing
5922 agency, as well as adjacent and other affected local
5923 governments. A preliminary list of new data and major issues
5924 that have emerged since the adoption of the original plan, or
5925 the most recent evaluation and appraisal report-based update
5926 amendments, should be developed by state and regional entities
5927 and involved local governments for distribution at the scoping
5928 meeting. For purposes of this subsection, a “scoping meeting” is
5929 a meeting conducted to determine the scope of review of the
5930 evaluation and appraisal report by parties to which the report
5931 relates.
5932 (4) The local planning agency shall prepare the evaluation
5933 and appraisal report and shall make recommendations to the
5934 governing body regarding adoption of the proposed report. The
5935 local planning agency shall prepare the report in conformity
5936 with its public participation procedures adopted as required by
5937 s. 163.3181. During the preparation of the proposed report and
5938 prior to making any recommendation to the governing body, the
5939 local planning agency shall hold at least one public hearing,
5940 with public notice, on the proposed report. At a minimum, the
5941 format and content of the proposed report shall include a table
5942 of contents; numbered pages; element headings; section headings
5943 within elements; a list of included tables, maps, and figures; a
5944 title and sources for all included tables; a preparation date;
5945 and the name of the preparer. Where applicable, maps shall
5946 include major natural and artificial geographic features; city,
5947 county, and state lines; and a legend indicating a north arrow,
5948 map scale, and the date.
5949 (5) Ninety days prior to the scheduled adoption date, the
5950 local government may provide a proposed evaluation and appraisal
5951 report to the state land planning agency and distribute copies
5952 to state and regional commenting agencies as prescribed by rule,
5953 adjacent jurisdictions, and interested citizens for review. All
5954 review comments, including comments by the state land planning
5955 agency, shall be transmitted to the local government and state
5956 land planning agency within 30 days after receipt of the
5957 proposed report.
5958 (6) The governing body, after considering the review
5959 comments and recommended changes, if any, shall adopt the
5960 evaluation and appraisal report by resolution or ordinance at a
5961 public hearing with public notice. The governing body shall
5962 adopt the report in conformity with its public participation
5963 procedures adopted as required by s. 163.3181. The local
5964 government shall submit to the state land planning agency three
5965 copies of the report, a transmittal letter indicating the dates
5966 of public hearings, and a copy of the adoption resolution or
5967 ordinance. The local government shall provide a copy of the
5968 report to the reviewing agencies which provided comments for the
5969 proposed report, or to all the reviewing agencies if a proposed
5970 report was not provided pursuant to subsection (5), including
5971 the adjacent local governments. Within 60 days after receipt,
5972 the state land planning agency shall review the adopted report
5973 and make a preliminary sufficiency determination that shall be
5974 forwarded by the agency to the local government for its
5975 consideration. The state land planning agency shall issue a
5976 final sufficiency determination within 90 days after receipt of
5977 the adopted evaluation and appraisal report.
5978 (7) The intent of the evaluation and appraisal process is
5979 the preparation of a plan update that clearly and concisely
5980 achieves the purpose of this section. Toward this end, the
5981 sufficiency review of the state land planning agency shall
5982 concentrate on whether the evaluation and appraisal report
5983 sufficiently fulfills the components of subsection (2). If the
5984 state land planning agency determines that the report is
5985 insufficient, the governing body shall adopt a revision of the
5986 report and submit the revised report for review pursuant to
5987 subsection (6).
5988 (8) The state land planning agency may delegate the review
5989 of evaluation and appraisal reports, including all state land
5990 planning agency duties under subsections (4)-(7), to the
5991 appropriate regional planning council. When the review has been
5992 delegated to a regional planning council, any local government
5993 in the region may elect to have its report reviewed by the
5994 regional planning council rather than the state land planning
5995 agency. The state land planning agency shall by agreement
5996 provide for uniform and adequate review of reports and shall
5997 retain oversight for any delegation of review to a regional
5998 planning council.
5999 (9) The state land planning agency may establish a phased
6000 schedule for adoption of reports. The schedule shall provide
6001 each local government at least 7 years from plan adoption or
6002 last established adoption date for a report and shall allot
6003 approximately one-seventh of the reports to any 1 year. In order
6004 to allow the municipalities to use data and analyses gathered by
6005 the counties, the state land planning agency shall schedule
6006 municipal report adoption dates between 1 year and 18 months
6007 later than the report adoption date for the county in which
6008 those municipalities are located. A local government may adopt
6009 its report no earlier than 90 days prior to the established
6010 adoption date. Small municipalities which were scheduled by
6011 chapter 9J-33, Florida Administrative Code, to adopt their
6012 evaluation and appraisal report after February 2, 1999, shall be
6013 rescheduled to adopt their report together with the other
6014 municipalities in their county as provided in this subsection.
6015 (10) The governing body shall amend its comprehensive plan
6016 based on the recommendations in the report and shall update the
6017 comprehensive plan based on the components of subsection (2),
6018 pursuant to the provisions of ss. 163.3184, 163.3187, and
6019 163.3189. Amendments to update a comprehensive plan based on the
6020 evaluation and appraisal report shall be adopted during a single
6021 amendment cycle within 18 months after the report is determined
6022 to be sufficient by the state land planning agency, except the
6023 state land planning agency may grant an extension for adoption
6024 of a portion of such amendments. The state land planning agency
6025 may grant a 6-month extension for the adoption of such
6026 amendments if the request is justified by good and sufficient
6027 cause as determined by the agency. An additional extension may
6028 also be granted if the request will result in greater
6029 coordination between transportation and land use, for the
6030 purposes of improving Florida’s transportation system, as
6031 determined by the agency in coordination with the Metropolitan
6032 Planning Organization program. Beginning July 1, 2006, failure
6033 to timely adopt and transmit update amendments to the
6034 comprehensive plan based on the evaluation and appraisal report
6035 shall result in a local government being prohibited from
6036 adopting amendments to the comprehensive plan until the
6037 evaluation and appraisal report update amendments have been
6038 adopted and transmitted to the state land planning agency. The
6039 prohibition on plan amendments shall commence when the update
6040 amendments to the comprehensive plan are past due. The
6041 comprehensive plan as amended shall be in compliance as defined
6042 in s. 163.3184(1)(b). Within 6 months after the effective date
6043 of the update amendments to the comprehensive plan, the local
6044 government shall provide to the state land planning agency and
6045 to all agencies designated by rule a complete copy of the
6046 updated comprehensive plan.
6047 (11) The Administration Commission may impose the sanctions
6048 provided by s. 163.3184(11) against any local government that
6049 fails to adopt and submit a report, or that fails to implement
6050 its report through timely and sufficient amendments to its local
6051 plan, except for reasons of excusable delay or valid planning
6052 reasons agreed to by the state land planning agency or found
6053 present by the Administration Commission. Sanctions for untimely
6054 or insufficient plan amendments shall be prospective only and
6055 shall begin after a final order has been issued by the
6056 Administration Commission and a reasonable period of time has
6057 been allowed for the local government to comply with an adverse
6058 determination by the Administration Commission through adoption
6059 of plan amendments that are in compliance. The state land
6060 planning agency may initiate, and an affected person may
6061 intervene in, such a proceeding by filing a petition with the
6062 Division of Administrative Hearings, which shall appoint an
6063 administrative law judge and conduct a hearing pursuant to ss.
6064 120.569 and 120.57(1) and shall submit a recommended order to
6065 the Administration Commission. The affected local government
6066 shall be a party to any such proceeding. The commission may
6067 implement this subsection by rule.
6068 (5)(12) The state land planning agency shall not adopt
6069 rules to implement this section, other than procedural rules.
6070 (13) The state land planning agency shall regularly review
6071 the evaluation and appraisal report process and submit a report
6072 to the Governor, the Administration Commission, the Speaker of
6073 the House of Representatives, the President of the Senate, and
6074 the respective community affairs committees of the Senate and
6075 the House of Representatives. The first report shall be
6076 submitted by December 31, 2004, and subsequent reports shall be
6077 submitted every 5 years thereafter. At least 9 months before the
6078 due date of each report, the Secretary of Community Affairs
6079 shall appoint a technical committee of at least 15 members to
6080 assist in the preparation of the report. The membership of the
6081 technical committee shall consist of representatives of local
6082 governments, regional planning councils, the private sector, and
6083 environmental organizations. The report shall assess the
6084 effectiveness of the evaluation and appraisal report process.
6085 (14) The requirement of subsection (10) prohibiting a local
6086 government from adopting amendments to the local comprehensive
6087 plan until the evaluation and appraisal report update amendments
6088 have been adopted and transmitted to the state land planning
6089 agency does not apply to a plan amendment proposed for adoption
6090 by the appropriate local government as defined in s.
6091 163.3178(2)(k) in order to integrate a port comprehensive master
6092 plan with the coastal management element of the local
6093 comprehensive plan as required by s. 163.3178(2)(k) if the port
6094 comprehensive master plan or the proposed plan amendment does
6095 not cause or contribute to the failure of the local government
6096 to comply with the requirements of the evaluation and appraisal
6097 report.
6098 Section 21. Present subsections (3), (4), (5), and (6) of
6099 section 163.3194, Florida Statutes, are renumbered as
6100 subsections (4), (5), (6), and (7), respectively, and a new
6101 subsection (3) is added to that section, to read:
6102 163.3194 Legal status of comprehensive plan.—
6103 (3) A governing body may not issue a development order or
6104 permit to erect, operate, use, or maintain a sign requiring a
6105 permit by s. 479.07 unless the sign is located on a parcel
6106 designated for commercial or industrial use, or located in an
6107 unzoned commercial or industrial area, or located on an unzoned
6108 commercial or industrial parcel.
6109 (a) As used in this subsection, the term:
6110 1. “Designated for commercial or industrial use” means a
6111 parcel of land designated predominately for commercial or
6112 industrial uses under both the future land use map approved by
6113 the state land planning agency and the land development
6114 regulations adopted pursuant to this chapter.
6115 2. “In an unzoned commercial or industrial area or on an
6116 unzoned commercial or industrial parcel” means an area or parcel
6117 that is not specifically designated for commercial or industrial
6118 uses under the land development regulations and is located in an
6119 area designated by the future land use map of a plan approved by
6120 the state land planning agency for multiple uses that include
6121 commercial or industrial uses within which three or more
6122 separate and distinct conforming industrial or commercial
6123 activities are located within the area as provided in s.
6124 479.01(26)(a).
6125 (b) If a parcel is located in an area designated for
6126 multiple uses on the future land use map of the comprehensive
6127 plan and the zoning category of the land development regulations
6128 does not clearly designate that parcel for a specific use, the
6129 parcel will be considered an unzoned commercial or industrial
6130 parcel if it meets the criteria of s. 479.01(26).
6131 Notwithstanding the provisions of s. 479.02(7), only the
6132 activities listed under s. 479.01(26)(b) may not be recognized
6133 as commercial or industrial activities for purposes of this
6134 subsection.
6135 (c) A development order or permit to erect, operate, use,
6136 or maintain a sign issued pursuant to a plan approved by the
6137 state land planning agency on a parcel designated for commercial
6138 or industrial use, or located in an area or on a parcel which
6139 qualifies as an unzoned commercial or industrial area is under
6140 the effective control of the state and in compliance with s.
6141 479.07 and s. 479.111(2) and the Department of Transportation
6142 shall rely upon such determination by the local permitting
6143 agency for the purposes of such sections and any determinations
6144 required by s. 479.02(3) and (7).
6145 (d) Permitting action by a governing body for the erection,
6146 operation, use or maintenance of a sign requiring a permit by s.
6147 479.07, which is inconsistent with the provisions of this
6148 subsection and implemented primarily to permit such a sign, is
6149 not authorized by this subsection.
6150 (e) The provisions under this subsection may not be
6151 implemented if the US Secretary of Transportation provides
6152 written notification to the department that implementation will
6153 adversely affect the allocation of federal funds to the
6154 department.
6155 Section 22. Paragraph (b) of subsection (2) of section
6156 163.3217, Florida Statutes, is amended to read:
6157 163.3217 Municipal overlay for municipal incorporation.—
6158 (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6159 OVERLAY.—
6160 (b)1. A municipal overlay shall be adopted as an amendment
6161 to the local government comprehensive plan as prescribed by s.
6162 163.3184.
6163 2. A county may consider the adoption of a municipal
6164 overlay without regard to the provisions of s. 163.3187(1)
6165 regarding the frequency of adoption of amendments to the local
6166 comprehensive plan.
6167 Section 23. Subsection (3) of section 163.3220, Florida
6168 Statutes, is amended to read:
6169 163.3220 Short title; legislative intent.—
6170 (3) In conformity with, in furtherance of, and to implement
6171 the Community Local Government Comprehensive Planning and Land
6172 Development Regulation Act and the Florida State Comprehensive
6173 Planning Act of 1972, it is the intent of the Legislature to
6174 encourage a stronger commitment to comprehensive and capital
6175 facilities planning, ensure the provision of adequate public
6176 facilities for development, encourage the efficient use of
6177 resources, and reduce the economic cost of development.
6178 Section 24. Subsections (2) and (11) of section 163.3221,
6179 Florida Statutes, are amended to read:
6180 163.3221 Florida Local Government Development Agreement
6181 Act; definitions.—As used in ss. 163.3220-163.3243:
6182 (2) “Comprehensive plan” means a plan adopted pursuant to
6183 the Community “Local Government Comprehensive Planning and Land
6184 Development Regulation Act.”
6185 (11) “Local planning agency” means the agency designated to
6186 prepare a comprehensive plan or plan amendment pursuant to the
6187 Community “Florida Local Government Comprehensive Planning and
6188 Land Development Regulation Act.”
6189 Section 25. Section 163.3229, Florida Statutes, is amended
6190 to read:
6191 163.3229 Duration of a development agreement and
6192 relationship to local comprehensive plan.—The duration of a
6193 development agreement may shall not exceed 30 20 years, unless
6194 it is. It may be extended by mutual consent of the governing
6195 body and the developer, subject to a public hearing in
6196 accordance with s. 163.3225. No development agreement shall be
6197 effective or be implemented by a local government unless the
6198 local government’s comprehensive plan and plan amendments
6199 implementing or related to the agreement are found in compliance
6200 by the state land planning agency in accordance with s.
6201 163.3184, s. 163.3187, or s. 163.3189.
6202 Section 26. Section 163.3235, Florida Statutes, is amended
6203 to read:
6204 163.3235 Periodic review of a development agreement.—A
6205 local government shall review land subject to a development
6206 agreement at least once every 12 months to determine if there
6207 has been demonstrated good faith compliance with the terms of
6208 the development agreement. For each annual review conducted
6209 during years 6 through 10 of a development agreement, the review
6210 shall be incorporated into a written report which shall be
6211 submitted to the parties to the agreement and the state land
6212 planning agency. The state land planning agency shall adopt
6213 rules regarding the contents of the report, provided that the
6214 report shall be limited to the information sufficient to
6215 determine the extent to which the parties are proceeding in good
6216 faith to comply with the terms of the development agreement. If
6217 the local government finds, on the basis of substantial
6218 competent evidence, that there has been a failure to comply with
6219 the terms of the development agreement, the agreement may be
6220 revoked or modified by the local government.
6221 Section 27. Section 163.3239, Florida Statutes, is amended
6222 to read:
6223 163.3239 Recording and effectiveness of a development
6224 agreement.—Within 14 days after a local government enters into a
6225 development agreement, the local government shall record the
6226 agreement with the clerk of the circuit court in the county
6227 where the local government is located. A copy of the recorded
6228 development agreement shall be submitted to the state land
6229 planning agency within 14 days after the agreement is recorded.
6230 A development agreement shall not be effective until it is
6231 properly recorded in the public records of the county and until
6232 30 days after having been received by the state land planning
6233 agency pursuant to this section. The burdens of the development
6234 agreement shall be binding upon, and the benefits of the
6235 agreement shall inure to, all successors in interest to the
6236 parties to the agreement.
6237 Section 28. Section 163.3243, Florida Statutes, is amended
6238 to read:
6239 163.3243 Enforcement.—Any party or, any aggrieved or
6240 adversely affected person as defined in s. 163.3215(2), or the
6241 state land planning agency may file an action for injunctive
6242 relief in the circuit court where the local government is
6243 located to enforce the terms of a development agreement or to
6244 challenge compliance of the agreement with the provisions of ss.
6245 163.3220-163.3243.
6246 Section 29. Section 163.3245, Florida Statutes, is amended
6247 to read:
6248 163.3245 Optional Sector plans.—
6249 (1) In recognition of the benefits of conceptual long-range
6250 planning for the buildout of an area, and detailed planning for
6251 specific areas, as a demonstration project, the requirements of
6252 s. 380.06 may be addressed as identified by this section for up
6253 to five local governments or combinations of local governments
6254 may which adopt into their the comprehensive plans a plan an
6255 optional sector plan in accordance with this section. This
6256 section is intended to promote and encourage long-term planning
6257 for conservation, development, and agriculture on a landscape
6258 scale; to further the intent of s. 163.3177(11), which supports
6259 innovative and flexible planning and development strategies, and
6260 the purposes of this part, and part I of chapter 380; to
6261 facilitate protection of regionally significant resources,
6262 including, but not limited to, regionally significant water
6263 courses and wildlife corridors;, and to avoid duplication of
6264 effort in terms of the level of data and analysis required for a
6265 development of regional impact, while ensuring the adequate
6266 mitigation of impacts to applicable regional resources and
6267 facilities, including those within the jurisdiction of other
6268 local governments, as would otherwise be provided. Optional
6269 Sector plans are intended for substantial geographic areas that
6270 include including at least 15,000 5,000 acres of one or more
6271 local governmental jurisdictions and are to emphasize urban form
6272 and protection of regionally significant resources and public
6273 facilities. A The state land planning agency may approve
6274 optional sector plans of less than 5,000 acres based on local
6275 circumstances if it is determined that the plan would further
6276 the purposes of this part and part I of chapter 380. Preparation
6277 of an optional sector plan is authorized by agreement between
6278 the state land planning agency and the applicable local
6279 governments under s. 163.3171(4). An optional sector plan may be
6280 adopted through one or more comprehensive plan amendments under
6281 s. 163.3184. However, an optional sector plan may not be adopted
6282 authorized in an area of critical state concern.
6283 (2) Upon the request of a local government having
6284 jurisdiction, The state land planning agency may enter into an
6285 agreement to authorize preparation of an optional sector plan
6286 upon the request of one or more local governments based on
6287 consideration of problems and opportunities presented by
6288 existing development trends; the effectiveness of current
6289 comprehensive plan provisions; the potential to further the
6290 state comprehensive plan, applicable strategic regional policy
6291 plans, this part, and part I of chapter 380; and those factors
6292 identified by s. 163.3177(10)(i). the applicable regional
6293 planning council shall conduct a scoping meeting with affected
6294 local governments and those agencies identified in s.
6295 163.3184(4) before preparation of the sector plan execution of
6296 the agreement authorized by this section. The purpose of this
6297 meeting is to assist the state land planning agency and the
6298 local government in the identification of the relevant planning
6299 issues to be addressed and the data and resources available to
6300 assist in the preparation of the sector plan. In the event that
6301 a scoping meeting is conducted, subsequent plan amendments. the
6302 regional planning council shall make written recommendations to
6303 the state land planning agency and affected local governments,
6304 on the issues requested by the local government. The scoping
6305 meeting shall be noticed and open to the public. In the event
6306 that the entire planning area proposed for the sector plan is
6307 within the jurisdiction of two or more local governments, some
6308 or all of them may enter into a joint planning agreement
6309 pursuant to s. 163.3171 with respect to including whether a
6310 sustainable sector plan would be appropriate. The agreement must
6311 define the geographic area to be subject to the sector plan, the
6312 planning issues that will be emphasized, procedures requirements
6313 for intergovernmental coordination to address
6314 extrajurisdictional impacts, supporting application materials
6315 including data and analysis, and procedures for public
6316 participation, or other issues. An agreement may address
6317 previously adopted sector plans that are consistent with the
6318 standards in this section. Before executing an agreement under
6319 this subsection, the local government shall hold a duly noticed
6320 public workshop to review and explain to the public the optional
6321 sector planning process and the terms and conditions of the
6322 proposed agreement. The local government shall hold a duly
6323 noticed public hearing to execute the agreement. All meetings
6324 between the department and the local government must be open to
6325 the public.
6326 (3) Optional Sector planning encompasses two levels:
6327 adoption pursuant to under s. 163.3184 of a conceptual long-term
6328 master plan for the entire planning area as part of the
6329 comprehensive plan, and adoption by local development order of
6330 two or more buildout overlay to the comprehensive plan, having
6331 no immediate effect on the issuance of development orders or the
6332 applicability of s. 380.06, and adoption under s. 163.3184 of
6333 detailed specific area plans that implement the conceptual long
6334 term master plan buildout overlay and authorize issuance of
6335 development orders, and within which s. 380.06 is waived. Until
6336 such time as a detailed specific area plan is adopted, the
6337 underlying future land use designations apply.
6338 (a) In addition to the other requirements of this chapter,
6339 a long-term master plan pursuant to this section conceptual
6340 long-term buildout overlay must include maps, illustrations, and
6341 text supported by data and analysis to address the following:
6342 1. A long-range conceptual framework map that, at a
6343 minimum, generally depicts identifies anticipated areas of
6344 urban, agricultural, rural, and conservation land use,
6345 identifies allowed uses in various parts of the planning area,
6346 specifies maximum and minimum densities and intensities of use,
6347 and provides the general framework for the development pattern
6348 in developed areas with graphic illustrations based on a
6349 hierarchy of places and functional place-making components.
6350 2. A general identification of the water supplies needed
6351 and available sources of water, including water resource
6352 development and water supply development projects, and water
6353 conservation measures needed to meet the projected demand of the
6354 future land uses in the long-term master plan.
6355 3. A general identification of the transportation
6356 facilities to serve the future land uses in the long-term master
6357 plan, including guidelines to be used to establish each modal
6358 component intended to optimize mobility.
6359 4. A general identification of other regionally significant
6360 public facilities consistent with chapter 9J-2, Florida
6361 Administrative Code, irrespective of local governmental
6362 jurisdiction necessary to support buildout of the anticipated
6363 future land uses, which may include central utilities provided
6364 on site within the planning area, and policies setting forth the
6365 procedures to be used to mitigate the impacts of future land
6366 uses on public facilities.
6367 5.3. A general identification of regionally significant
6368 natural resources within the planning area based on the best
6369 available data and policies setting forth the procedures for
6370 protection or conservation of specific resources consistent with
6371 the overall conservation and development strategy for the
6372 planning area consistent with chapter 9J-2, Florida
6373 Administrative Code.
6374 6.4. General principles and guidelines addressing that
6375 address the urban form and the interrelationships of anticipated
6376 future land uses; the protection and, as appropriate,
6377 restoration and management of lands identified for permanent
6378 preservation through recordation of conservation easements
6379 consistent with s. 704.06, which shall be phased or staged in
6380 coordination with detailed specific area plans to reflect phased
6381 or staged development within the planning area; and a
6382 discussion, at the applicant’s option, of the extent, if any, to
6383 which the plan will address restoring key ecosystems, achieving
6384 a more clean, healthy environment;, limiting urban sprawl;
6385 providing a range of housing types;, protecting wildlife and
6386 natural areas;, advancing the efficient use of land and other
6387 resources;, and creating quality communities of a design that
6388 promotes travel by multiple transportation modes; and enhancing
6389 the prospects for the creation of jobs.
6390 7.5. Identification of general procedures and policies to
6391 facilitate ensure intergovernmental coordination to address
6392 extrajurisdictional impacts from the future land uses long-range
6393 conceptual framework map.
6394
6395 A long-term master plan adopted pursuant to this section shall
6396 be based upon a planning period longer than the generally
6397 applicable planning period of the local comprehensive plan,
6398 shall specify the projected population within the planning area
6399 during the chosen planning period, and may include a phasing or
6400 staging schedule that allocates a portion of the local
6401 government’s future growth to the planning area through the
6402 planning period. It shall not be a requirement for a long-term
6403 master plan adopted pursuant to this section to demonstrate need
6404 based upon projected population growth or on any other basis.
6405 (b) In addition to the other requirements of this chapter,
6406 including those in paragraph (a), the detailed specific area
6407 plans shall be consistent with the long-term master plan and
6408 must include conditions and commitments which provide for:
6409 1. Development or conservation of an area of adequate size
6410 to accommodate a level of development which achieves a
6411 functional relationship between a full range of land uses within
6412 the area and to encompass at least 1,000 acres consistent with
6413 the long-term master plan. The local government state land
6414 planning agency may approve detailed specific area plans of less
6415 than 1,000 acres based on local circumstances if it is
6416 determined that the detailed specific area plan furthers the
6417 purposes of this part and part I of chapter 380.
6418 2. Detailed identification and analysis of the maximum and
6419 minimum densities and intensities of use, and the distribution,
6420 extent, and location of future land uses.
6421 3. Detailed identification of water resource development
6422 and water supply development projects and related
6423 infrastructure, and water conservation measures to address water
6424 needs of development in the detailed specific area plan.
6425 4. Detailed identification of the transportation facilities
6426 to serve the future land uses in the detailed specific area
6427 plan.
6428 5.3. Detailed identification of other regionally
6429 significant public facilities, including public facilities
6430 outside the jurisdiction of the host local government,
6431 anticipated impacts of future land uses on those facilities, and
6432 required improvements consistent with the long-term master plan
6433 chapter 9J-2, Florida Administrative Code.
6434 6.4. Public facilities necessary to serve development in
6435 the detailed specific area plan for the short term, including
6436 developer contributions in a financially feasible 5-year capital
6437 improvement schedule of the affected local government.
6438 7.5. Detailed analysis and identification of specific
6439 measures to assure the protection or conservation of lands
6440 identified in the long-term master plan to be permanently
6441 preserved within the planning area through recordation of a
6442 conservation easement consistent with s. 704.06 and, as
6443 appropriate, restored or managed, of regionally significant
6444 natural resources and other important resources both within and
6445 outside the host jurisdiction, including those regionally
6446 significant resources identified in chapter 9J-2, Florida
6447 Administrative Code.
6448 8.6. Detailed principles and guidelines addressing that
6449 address the urban form and the interrelationships of anticipated
6450 future land uses; and a discussion, at the applicant’s option,
6451 of the extent, if any, to which the plan will address restoring
6452 key ecosystems, achieving a more clean, healthy environment;,
6453 limiting urban sprawl;, providing a range of housing types;
6454 protecting wildlife and natural areas;, advancing the efficient
6455 use of land and other resources;, and creating quality
6456 communities of a design that promotes travel by multiple
6457 transportation modes; and enhancing the prospects for the
6458 creation of jobs.
6459 9.7. Identification of specific procedures to facilitate
6460 ensure intergovernmental coordination to address
6461 extrajurisdictional impacts from of the detailed specific area
6462 plan.
6463
6464 A detailed specific area plan adopted by local development order
6465 pursuant to this section may be based upon a planning period
6466 longer than the generally applicable planning period of the
6467 local comprehensive plan and shall specify the projected
6468 population within the specific planning area during the chosen
6469 planning period. It shall not be a requirement for a detailed
6470 specific area plan adopted pursuant to this section to
6471 demonstrate need based upon projected population growth or on
6472 any other basis.
6473 (c) In its review of a long-term master plan, the state
6474 land planning agency shall consult with the Department of
6475 Agriculture and Consumer Services, the Department of
6476 Environmental Protection, the Fish and Wildlife Conservation
6477 Commission, and the applicable water management district
6478 regarding the design of areas for protection and conservation of
6479 regionally significant natural resources and for the protection
6480 and, as appropriate, restoration and management of lands
6481 identified for permanent preservation.
6482 (d) In its review of a long-term master plan, the state
6483 land planning agency shall consult with the Department of
6484 Transportation, the applicable metropolitan planning
6485 organization, and any urban transit agency regarding the
6486 location, capacity, design, and phasing or staging of major
6487 transportation facilities in the planning area.
6488 (e) The state land planning agency may initiate a civil
6489 action pursuant to s. 163.3215 with respect to a detailed
6490 specific area plan that is not consistent with a long-term
6491 master plan adopted pursuant to this section. For purposes of
6492 such a proceeding, the state land planning agency shall be
6493 deemed an aggrieved and adversely affected party. Regardless of
6494 whether the local government has adopted an ordinance that
6495 establishes a local process that meets the requirements of s.
6496 163.3215(4), judicial review of a detailed specific area plan
6497 initiated by the state land planning agency shall be de novo
6498 pursuant to s. 163.3215(3) and not by petition for writ of
6499 certiorari pursuant to s. 163.3215(4). Any other aggrieved or
6500 adversely affected party shall be subject to s. 163.3215 in all
6501 respects when initiating a consistency challenge to a detailed
6502 specific area plan.
6503 (f)(c) This subsection does may not be construed to prevent
6504 preparation and approval of the optional sector plan and
6505 detailed specific area plan concurrently or in the same
6506 submission.
6507 (4) Upon the long-term master plan becoming legally
6508 effective:
6509 (a) Any long-range transportation plan developed by a
6510 metropolitan planning organization pursuant to s. 339.175(7)
6511 must be consistent, to the maximum extent feasible, with the
6512 long-term master plan, including, but not limited to, the
6513 projected population, the approved uses and densities and
6514 intensities of use and their distribution within the planning
6515 area. The transportation facilities identified in adopted plans
6516 pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
6517 developed in coordination with the adopted M.P.O. long-range
6518 transportation plan.
6519 (b) The water needs, sources and water resource
6520 development, and water supply development projects identified in
6521 adopted plans pursuant to sub-subparagraphs (3)(a)2. and
6522 (3)(b)3. shall be incorporated into the applicable district and
6523 regional water supply plans adopted in accordance with ss.
6524 373.036 and 373.709. Accordingly, and notwithstanding the permit
6525 durations stated in s. 373.236, an applicant may request and the
6526 applicable district may issue consumptive use permits for
6527 durations commensurate with the long-term master plan or
6528 detailed specific area plan, considering the ability of the
6529 master-plan area to contribute to regional water supply
6530 availability and the need to maximize reasonable-beneficial use
6531 of the water resource. The permitting criteria in s. 373.223
6532 shall be applied based upon the projected population, the
6533 approved densities and intensities of use and their distribution
6534 in the long-term master plan, however, the allocation of the
6535 water may be phased over the permit duration to correspond to
6536 actual projected needs. Nothing in this paragraph is intended to
6537 supersede the public interest test set forth in s. 373.223. The
6538 host local government shall submit a monitoring report to the
6539 state land planning agency and applicable regional planning
6540 council on an annual basis after adoption of a detailed specific
6541 area plan. The annual monitoring report must provide summarized
6542 information on development orders issued, development that has
6543 occurred, public facility improvements made, and public facility
6544 improvements anticipated over the upcoming 5 years.
6545 (5) When a plan amendment adopting a detailed specific area
6546 plan has become effective for a portion of the planning area
6547 governed by a long-term master plan adopted pursuant to this
6548 section under ss. 163.3184 and 163.3189(2), the provisions of s.
6549 380.06 do not apply to development within the geographic area of
6550 the detailed specific area plan. However, any development-of
6551 regional-impact development order that is vested from the
6552 detailed specific area plan may be enforced pursuant to under s.
6553 380.11.
6554 (a) The local government adopting the detailed specific
6555 area plan is primarily responsible for monitoring and enforcing
6556 the detailed specific area plan. Local governments shall not
6557 issue any permits or approvals or provide any extensions of
6558 services to development that are not consistent with the
6559 detailed specific sector area plan.
6560 (b) If the state land planning agency has reason to believe
6561 that a violation of any detailed specific area plan, or of any
6562 agreement entered into under this section, has occurred or is
6563 about to occur, it may institute an administrative or judicial
6564 proceeding to prevent, abate, or control the conditions or
6565 activity creating the violation, using the procedures in s.
6566 380.11.
6567 (c) In instituting an administrative or judicial proceeding
6568 involving an optional sector plan or detailed specific area
6569 plan, including a proceeding pursuant to paragraph (b), the
6570 complaining party shall comply with the requirements of s.
6571 163.3215(4), (5), (6), and (7), except as provided by paragraph
6572 (3)(d).
6573 (d) The detailed specific area plan shall establish a
6574 buildout date until which the approved development shall not be
6575 subject to downzoning, unit density reduction, or intensity
6576 reduction, unless the local government can demonstrate that
6577 implementation of the plan is not continuing in good faith based
6578 on standards established by plan policy, or that substantial
6579 changes in the conditions underlying the approval of the
6580 detailed specific area plan have occurred, or that the detailed
6581 specific area plan was based on substantially inaccurate
6582 information provided by the applicant, or that the change is
6583 clearly established to be essential to the public health,
6584 safety, or welfare.
6585 (6) Concurrent with or subsequent to review and adoption of
6586 a long-term master plan pursuant to paragraph (3)(a), an
6587 applicant may apply for master development approval pursuant to
6588 s. 380.06(21) for the entire planning area in order to establish
6589 a buildout date until which the approved uses and densities and
6590 intensities of use of the master plan shall not be subject to
6591 downzoning, unit density reduction, or intensity reduction,
6592 unless the local government can demonstrate that implementation
6593 of the master plan is not continuing in good faith based on
6594 standards established by plan policy, or that substantial
6595 changes in the conditions underlying the approval of the master
6596 plan have occurred, or that the master plan was based on
6597 substantially inaccurate information provided by the applicant,
6598 or that change is clearly established to be essential to the
6599 public health, safety, or welfare. Review of the application for
6600 master development approval shall be at a level of detail
6601 appropriate for the long-term and conceptual nature of the long
6602 term master plan and, to the maximum extent possible, shall only
6603 consider information provided in the application for a long-term
6604 master plan. Notwithstanding any provision of s. 380.06 to the
6605 contrary, an increment of development in such an approved master
6606 development plan shall be approved by a detailed specific area
6607 plan pursuant to paragraph (3)(b) and shall be exempt from
6608 review pursuant to s. 380.06. Beginning December 1, 1999, and
6609 each year thereafter, the department shall provide a status
6610 report to the Legislative Committee on Intergovernmental
6611 Relations regarding each optional sector plan authorized under
6612 this section.
6613 (7) A developer within an area subject to a long-term
6614 master plan which meets the requirements of paragraph (3)(a) and
6615 subsection (6) or a detailed specific area plan which meets the
6616 requirements of paragraph (3)(b) may enter into a development
6617 agreement with a local government pursuant to ss. 163.3220
6618 163.3243. The duration of such a development agreement may be
6619 through the planning period of the long-term master plan or the
6620 detailed specific area plan, as the case may be, notwithstanding
6621 the limit on the duration of a development agreement pursuant to
6622 s. 163.3229.
6623 (8) Any owner of property within the planning area of a
6624 proposed long-term master plan may withdraw his consent to the
6625 master plan at any time prior to local government adoption, and
6626 the local government shall exclude such parcels from the adopted
6627 master plan. Thereafter, the long-term master plan, any detailed
6628 specific area plan, and the exemption from development-of
6629 regional-impact review under this section shall not apply to the
6630 subject parcels. After adoption of a long-term master plan, an
6631 owner may withdraw his or her property from the master plan only
6632 with the approval of the local government by plan amendment
6633 adopted and reviewed pursuant to s. 163.3184.
6634 (9) The adoption of a long-term master plan or a detailed
6635 specific area plan pursuant to this section shall not limit the
6636 right to continue existing agricultural or silvicultural uses or
6637 other natural resource-based operations or to establish similar
6638 new uses that are consistent with the plans approved pursuant to
6639 this section.
6640 (10) The state land planning agency may enter into an
6641 agreement with a local government which, on or before July 1,
6642 2011, adopted a large-area comprehensive plan amendment
6643 consisting of at least 15,000 acres that meets the requirements
6644 for a long-term master plan in paragraph (3)(a), after notice
6645 and public hearing by the local government, and thereafter,
6646 notwithstanding any provision of s. 380.06 or this part or any
6647 planning agreement or plan policy, that large-area plan shall be
6648 implemented through detailed specific area plans that meet the
6649 requirements of paragraph (3)(b) and shall otherwise be subject
6650 to the provisions of this section.
6651 (11) Notwithstanding any provision to the contrary of s.
6652 380.06 or this part II or any planning agreement or plan policy,
6653 a landowner or developer who has received approval of a master
6654 development of regional impact development order pursuant to s.
6655 380.06(21) may apply to implement this order by filing one or
6656 more applications to approve detailed specific area plan
6657 pursuant to paragraph (3)(b).
6658 (12) Notwithstanding the provisions of this section, a
6659 detailed specific area plan to implement a conceptual long-term
6660 buildout overlay adopted by a local government and found in
6661 compliance prior to July 1, 2011, shall be governed by the
6662 provisions of this section.
6663 (13)(7) This section may not be construed to abrogate the
6664 rights of any person under this chapter.
6665 Section 30. Section 163.3247, Florida Statutes, as amended
6666 by section 42 of chapter 2010-153, Laws of Florida, is amended,
6667 and subsection (6) is added to that section, to read:
6668 163.3247 Century Commission for a Sustainable Florida.—
6669 (1) POPULAR NAME.—This section may be cited as the “Century
6670 Commission for a Sustainable Florida Act.”
6671 (2) FINDINGS AND INTENT.—The Legislature finds and declares
6672 that the population of this state is expected to more than
6673 double over the next 100 years, with commensurate impacts to the
6674 state’s natural resources and public infrastructure.
6675 Consequently, it is in the best interests of the people of the
6676 state to ensure sound planning for the proper placement of this
6677 growth and protection of the state’s land, water, and other
6678 natural resources since such resources are essential to our
6679 collective quality of life and a strong economy. The state’s
6680 growth management system should foster economic stability
6681 through regional solutions and strategies, urban renewal and
6682 infill, and the continued viability of agricultural economies,
6683 while allowing for rural economic development and protecting the
6684 unique characteristics of rural areas, and should reduce the
6685 complexity of the regulatory process while carrying out the
6686 intent of the laws and encouraging greater citizen
6687 participation. The Legislature further finds that it is
6688 imperative that the state have a specific strategic plan
6689 addressing its growth management system.
6690 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION;
6691 ORGANIZATION.—The Century Commission for a Sustainable Florida
6692 is created as a standing body to help the citizens of this state
6693 envision and plan their collective future with an eye towards
6694 10-year, both 25-year, and 50-year horizons.
6695 (a) The commission shall consist of 18 15 members appointed
6696 as follows:,
6697 1. Two members 5 appointed by the Governor;,
6698 2. Five members 5 appointed by the President of the
6699 Senate;, and
6700 3. Five members 5 appointed by the Speaker of the House of
6701 Representatives;
6702 4. The chairs of the legislative growth management
6703 committees;
6704 5. The Secretary of Community Affairs;
6705 6. The Secretary of Environmental Protection;
6706 7. The Secretary of Transportation; and
6707 8. The director of the Office of Tourism, Trade, and
6708 Economic Development.
6709 (b) Members of the commission Appointments shall be made no
6710 later than October 1, 2005. The membership must represent local
6711 governments, school boards, developers and homebuilders, the
6712 business community, the agriculture community, the environmental
6713 community, and other appropriate stakeholders. Beginning July 1,
6714 2011, through June 30, 2013, one member shall be elected to
6715 serve as chair by a vote of the commission membership. However,
6716 the chairs of the legislative growth management committees, the
6717 Secretary of Community Affairs, the Secretary of Environmental
6718 Protection, the Secretary of Transportation, and the director of
6719 the Office of Tourism, Trade, and Economic Development may not
6720 serve as chair during this period designated by the Governor as
6721 chair of the commission. Any vacancy that occurs on the
6722 commission must be filled in the same manner as the original
6723 appointment and shall be for the unexpired term of that
6724 commission seat. Members shall serve 4-year terms, except that,
6725 initially, to provide for staggered terms, the Governor, the
6726 President of the Senate, and the Speaker of the House of
6727 Representatives shall each appoint one member to serve a 2-year
6728 term, two members to serve 3-year terms, and two members to
6729 serve 4-year terms. Members shall be appointed to serve All
6730 subsequent appointments shall be for 4-year terms. An appointee
6731 may not serve more than 6 years. However, members who are
6732 appointed on or before January 1, 2011, shall have their terms
6733 automatically extended to June 30, 2013, to ensure continuity
6734 during the development of the strategic plan.
6735 (c)(b) The fiscal year of the commission begins July 1 each
6736 year and ends June 30 of the following year. The first meeting
6737 of The commission shall be held no later than December 1, 2005,
6738 and shall meet at the call of the chair but not less frequently
6739 than six three times per fiscal year in different regions of the
6740 state to solicit input from the public or any other individuals
6741 offering testimony relevant to the issues to be considered. The
6742 executive director shall establish a meeting calendar for the
6743 fiscal year which considers the availability of members. The
6744 commission must vote to approve the meeting calendar before the
6745 beginning of the fiscal year. The commission may vote to form
6746 subcommittees and schedule meetings as necessary.
6747 (d)(c) Each member of the commission is entitled to one
6748 vote, and the actions of the commission are not binding unless
6749 taken by a majority three-fifths vote of the members present. A
6750 majority of the members is required to constitute a quorum, and
6751 the affirmative vote of a quorum is required for a binding vote.
6752 (e)(d) Members of the commission shall serve without
6753 compensation, but are shall be entitled to receive reimbursement
6754 for per diem and travel expenses as provided in accordance with
6755 s. 112.061 while in the performance of their duties.
6756 (4) POWERS AND DUTIES.—
6757 (a) The commission shall:
6758 (a) Annually conduct a process through which the commission
6759 envisions the future for the state and then develops and
6760 recommends policies, plans, action steps, or strategies to
6761 assist in achieving the vision.
6762 (b) Continuously review and consider statutory and
6763 regulatory provisions, governmental processes, and societal and
6764 economic trends in its inquiry of how state, regional, and local
6765 governments and entities and citizens of this state can best
6766 accommodate projected increased populations while maintaining
6767 the natural, historical, cultural, and manmade life qualities
6768 that best represent the state.
6769 (c) bring together people representing varied interests to
6770 develop a shared image of the state and its developed and
6771 natural areas. The process should involve exploring the impact
6772 of the estimated population increase and other emerging trends
6773 and issues; creating a vision for the future; and developing a
6774 strategic action plan to achieve that vision using 10-year, 25
6775 year, and 50-year intermediate planning timeframes. The plan
6776 must:
6777 1.(d) Focus on essential state interests, defined as those
6778 interests that transcend local or regional boundaries and are
6779 most appropriately conserved, protected, and promoted at the
6780 state level;.
6781 2. Accommodate the projections for an increase in
6782 population while maintaining the state’s natural, historical,
6783 cultural, and manmade life qualities; and
6784 3. Be developed through a coordinated, integrated, and
6785 comprehensive effort across agencies, local governments, and
6786 nongovernmental stakeholders.
6787 (b) The commission shall submit the strategic plan to the
6788 Governor and the Legislature by November 15, 2012, along with
6789 progress reports by November 15, 2011, and March 15, 2012. The
6790 commission shall also make presentations, at least annually, to
6791 the Governor and the Legislature.
6792 (e) Serve as an objective, nonpartisan repository of
6793 exemplary community-building ideas and as a source to recommend
6794 strategies and practices to assist others in working
6795 collaboratively to problem solve on issues relating to growth
6796 management.
6797 (f) Annually, beginning January 16, 2007, and every year
6798 thereafter on the same date, provide to the Governor, the
6799 President of the Senate, and the Speaker of the House of
6800 Representatives a written report containing specific
6801 recommendations for addressing growth management in the state,
6802 including executive and legislative recommendations. Further,
6803 the report shall contain discussions regarding the need for
6804 intergovernmental cooperation and the balancing of environmental
6805 protection and future development and recommendations on issues,
6806 including, but not limited to, recommendations regarding
6807 dedicated sources of funding for sewer facilities, water supply
6808 and quality, transportation facilities that are not adequately
6809 addressed by the Strategic Intermodal System, and educational
6810 infrastructure to support existing development and projected
6811 population growth.
6812 (c)(g) Beginning with the 2007 Regular Session of the
6813 Legislature, the President of the Senate and the Speaker of the
6814 House of Representatives shall create a joint select committee,
6815 the task of which shall be to review the findings and
6816 recommendations of the Century Commission for a Sustainable
6817 Florida for potential action.
6818 (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.—
6819 (a) The Secretary of Community Affairs shall select An
6820 executive director shall be appointed by the Secretary of
6821 Community Affairs and ratified by the commission and of the
6822 commission, and the executive director shall serve at the
6823 pleasure of the secretary under the supervision and control of
6824 the commission under the direction of the chair.
6825 (b) The Department of Community Affairs shall provide a
6826 specific line item in its annual legislative budget request to
6827 fund the commission for the period beginning July 1, 2011,
6828 through June 30, 2013. The department may obtain additional
6829 funding through external grants. The department shall provide
6830 sufficient funds and staff support for the purpose of assisting
6831 the commission in completing the strategic plan staff and other
6832 resources necessary to accomplish the goals of the commission
6833 based upon recommendations of the Governor.
6834 (c) All agencies under the control of the Governor are
6835 directed, and all other agencies are requested, to render
6836 assistance to, and cooperate with, the commission.
6837 (6) EXPIRATION.—This section expires and the commission is
6838 abolished June 30, 2013.
6839 Section 31. Section 163.3248, Florida Statutes, is created
6840 to read:
6841 163.3248 Rural land stewardship areas.—
6842 (1) Rural land stewardship areas are designed to establish
6843 a long-term incentive based strategy to balance and guide the
6844 allocation of land so as to accommodate future land uses in a
6845 manner that protects the natural environment, stimulates
6846 economic growth and diversification, and encourages the
6847 retention of land for agriculture and other traditional rural
6848 land uses.
6849 (2) Upon written request by one or more landowners to
6850 designate lands as a rural land stewardship area, or pursuant to
6851 a private sector initiated comprehensive plan amendment, local
6852 governments may adopt by a majority vote a future land use
6853 overlay, which shall not require a demonstration of need based
6854 on population projections or any other factor, to designate all
6855 or portions of lands classified in the future land use element
6856 as predominantly agricultural, rural, open, open-rural, or a
6857 substantively equivalent land use, as a rural land stewardship
6858 area within which planning and economic incentives are applied
6859 to encourage the implementation of innovative and flexible
6860 planning and development strategies and creative land use
6861 planning techniques to support a diverse economic and employment
6862 base.
6863 (3) Rural land stewardship areas may be used to further the
6864 following broad principles of rural sustainability: restoration
6865 and maintenance of the economic value of rural land; control of
6866 urban sprawl; identification and protection of ecosystems,
6867 habitats, and natural resources; promotion and diversification
6868 of economic activity and employment opportunities within the
6869 rural areas; maintenance of the viability of the state’s
6870 agricultural economy; and protection of private property rights
6871 in rural areas of the state. Rural land stewardship areas may be
6872 multicounty in order to encourage coordinated regional
6873 stewardship planning.
6874 (4) A local government or one or more property owners may
6875 request assistance in participation of the development of a plan
6876 for the rural land stewardship area from the state land planning
6877 agency, the Department of Agriculture and Consumer Services, the
6878 Fish and Wildlife Conservation Commission, the Department of
6879 Environmental Protection, the appropriate water management
6880 district, the Department of Transportation, the regional
6881 planning council, private land owners, and stakeholders.
6882 (5) A rural land stewardship area shall be not less than
6883 10,000 acres and shall be located outside of municipalities and
6884 established urban service areas, and shall be designated by plan
6885 amendment by each local government with jurisdiction over the
6886 rural land stewardship area. The plan amendment or amendments
6887 designating a rural land stewardship area shall be subject to
6888 review pursuant to s. 163.3184 and shall provide for the
6889 following:
6890 (a) Criteria for the designation of receiving areas which
6891 shall at a minimum provide for the following: adequacy of
6892 suitable land to accommodate development so as to avoid conflict
6893 with significant environmentally sensitive areas, resources, and
6894 habitats; compatibility between and transition from higher
6895 density uses to lower intensity rural uses; and the
6896 establishment of receiving area service boundaries which provide
6897 for a transition from receiving areas and other land uses within
6898 the rural land stewardship area through limitations on the
6899 extension of services.
6900 (b) Innovative planning and development strategies to be
6901 applied within rural land stewardship areas pursuant to the
6902 provisions of this section.
6903 (c) A process for the implementation of innovative planning
6904 and development strategies within the rural land stewardship
6905 area, including those described in this subsection, which
6906 provide for a functional mix of land uses through the adoption
6907 by the local government of zoning and land development
6908 regulations applicable to the rural land stewardship area.
6909 (d) A mix of densities and intensities that would not be
6910 characterized as urban sprawl through the use of innovative
6911 strategies and creative land use techniques.
6912 (6) A receiving area may only be designated pursuant to
6913 procedures established in the local government’s land
6914 development regulations. At the time of designation of a
6915 stewardship receiving area, a listed species survey will be
6916 performed. If listed species occur on the receiving area site,
6917 the applicant shall coordinate with each appropriate local,
6918 state, or federal agency to determine if adequate provisions
6919 have been made to protect those species in accordance with
6920 applicable regulations. In determining the adequacy of
6921 provisions for the protection of listed species and their
6922 habitats, the rural land stewardship area shall be considered as
6923 a whole, and the potential impacts and protective measures taken
6924 within areas to be developed as receiving areas shall be
6925 considered in conjunction with the substantial benefits derived
6926 from lands set aside and protective measures taken outside of
6927 the designation of receiving areas.
6928 (7) Upon the adoption of a plan amendment creating a rural
6929 land stewardship area, the local government shall, by ordinance,
6930 establish a rural land stewardship overlay zoning district,
6931 which shall provide the methodology for the creation,
6932 conveyance, and use of transferable rural land use credits,
6933 hereinafter referred to as stewardship credits, the assignment
6934 and application of which shall not constitute a right to develop
6935 land, nor increase density of land, except as provided by this
6936 section. The total amount of stewardship credits within the
6937 rural land stewardship area must enable the realization of the
6938 long-term vision and goals for the rural land stewardship area,
6939 which may take into consideration the anticipated effect of the
6940 proposed receiving areas. The estimated amount of receiving area
6941 shall be projected based on available data and the development
6942 potential represented by the stewardship credits created within
6943 the rural land stewardship area must correlate to that amount.
6944 (8) Stewardship credits are subject to the following
6945 limitations:
6946 (a) Stewardship credits may exist only within a rural land
6947 stewardship area.
6948 (b) Stewardship credits may be created only from lands
6949 designated as stewardship sending areas and may be used only on
6950 lands designated as stewardship receiving areas and then solely
6951 for the purpose of implementing innovative planning and
6952 development strategies and creative land use planning techniques
6953 adopted by the local government pursuant to this section.
6954 (c) Stewardship credits can be transferred from sending
6955 areas only after a stewardship easement is placed on the sending
6956 area land assigned stewardship credits. A stewardship easement
6957 means a covenant or restrictive easement running with the land
6958 which specifies the allowable uses and development restrictions
6959 for the portion of a sending area from which stewardship credits
6960 have been transferred. The stewardship easement must be jointly
6961 held by the county and either the Department of Environmental
6962 Protection, Department of Agriculture and Consumer Services, a
6963 water management district, or a recognized statewide land trust.
6964 (d) Stewardship credits assigned to a parcel of land within
6965 a rural land stewardship area shall cease to exist if the parcel
6966 of land is removed from the rural land stewardship area by plan
6967 amendment.
6968 (e) Neither the creation of the rural land stewardship area
6969 by plan amendment nor the adoption of the rural land stewardship
6970 zoning overlay district by the local government shall displace
6971 the underlying permitted uses, density or intensity of land uses
6972 assigned to a parcel of land within the rural land stewardship
6973 area that existed before adoption of the plan amendment or
6974 zoning overlay district; however, once stewardship credits have
6975 been transferred from a designated sending area for use within a
6976 designated receiving area, the underlying density assigned to
6977 the designated sending area shall cease to exist.
6978 (f) The underlying permitted uses, density, or intensity on
6979 each parcel of land located within a rural land stewardship area
6980 shall not be increased or decreased by the local government,
6981 except as a result of the conveyance or stewardship credits, as
6982 long as the parcel remains within the rural land stewardship
6983 area.
6984 (g) Stewardship credits shall cease to exist on a parcel of
6985 land where the underlying density assigned to the parcel of land
6986 is used.
6987 (h) An increase in the density or intensity of use on a
6988 parcel of land located within a designated receiving area may
6989 occur only through the assignment or use of stewardship credits
6990 and shall not require a plan amendment. A change in the type of
6991 agricultural use on property within a rural land stewardship
6992 area shall not be considered a change in use or intensity of use
6993 and shall not require any transfer of stewardship credits.
6994 (i) A change in the density or intensity of land use on
6995 parcels located within receiving areas shall be specified in a
6996 development order that reflects the total number of stewardship
6997 credits assigned to the parcel of land and the infrastructure
6998 and support services necessary to provide for a functional mix
6999 of land uses corresponding to the plan of development.
7000 (j) Land within a rural land stewardship area may be
7001 removed from the rural land stewardship area through a plan
7002 amendment.
7003 (k) Stewardship credits may be assigned at different ratios
7004 of credits per acre according to the natural resource or other
7005 beneficial use characteristics of the land and according to the
7006 land use remaining following the transfer of credits, with the
7007 highest number of credits per acre assigned to the most
7008 environmentally valuable land or, in locations where the
7009 retention of open space and agricultural land is a priority, to
7010 such lands.
7011 (l) The use or conveyance of stewardship credits must be
7012 recorded in the public records of the county in which the
7013 property is located as a covenant or restrictive easement
7014 running with the land in favor of the county and the Department
7015 of Environmental Protection, the Department of Agriculture and
7016 Consumer Services, a water management district, or a recognized
7017 statewide land trust.
7018 (9) Owners of land within rural land stewardship sending
7019 areas should be provided other incentives, in addition to the
7020 use or conveyance of stewardship credits, to enter into rural
7021 land stewardship agreements, pursuant to existing law and rules
7022 adopted thereto, with state agencies, water management
7023 districts, the Fish and Wildlife Conservation Commission, and
7024 local governments to achieve mutually agreed upon objectives.
7025 Such incentives may include, but need not be limited to, the
7026 following:
7027 (a) Opportunity to accumulate transferable wetland and
7028 species habitat mitigation credits for use or sale.
7029 (b) Extended permit agreements.
7030 (c) Opportunities for recreational leases and ecotourism.
7031 (d) Compensation for the achievement of specified land
7032 management activities of public benefit, including, but not
7033 limited to, facility siting and corridors, recreational leases,
7034 water conservation and storage, water reuse, wastewater
7035 recycling, water supply and water resource development, nutrient
7036 reduction, environmental restoration and mitigation, public
7037 recreation, listed species protection and recovery, and wildlife
7038 corridor management and enhancement.
7039 (e) Option agreements for sale to public entities or
7040 private land conservation entities, in either fee or easement,
7041 upon achievement of specified conservation objectives.
7042 (10) The provisions of paragraph (9)(d) constitute an
7043 overlay of land use options that provide economic and regulatory
7044 incentives for landowners outside of established and planned
7045 urban service areas to conserve and manage vast areas of land
7046 for the benefit of the state’s citizens and natural environment
7047 while maintaining and enhancing the asset value of their
7048 landholdings. It is the intent of the Legislature that the
7049 provisions of this section be implemented pursuant to law and
7050 rulemaking is not authorized.
7051 (11) It is the intent of the legislature that the Rural
7052 Land Stewardship Area located in Collier County, which is
7053 consistent in all materials aspects with this section, be
7054 recognized as a Statutory Rural Land Stewardship Area, and be
7055 afforded the incentives as set forth in this section.
7056 Section 32. Section 163.32465, Florida Statutes, is amended
7057 to read:
7058 163.32465 State review of local comprehensive plans in
7059 urban areas.—
7060 (1) LEGISLATIVE FINDINGS.—
7061 (a) The Legislature finds that local governments in this
7062 state have a wide diversity of resources, conditions, abilities,
7063 and needs. The Legislature also finds that comprehensive
7064 planning has been implemented throughout the state and that it
7065 is appropriate for local governments to have the primary role in
7066 planning for their growth the needs and resources of urban areas
7067 are different from those of rural areas and that different
7068 planning and growth management approaches, strategies, and
7069 techniques are required in urban areas. The state role in
7070 overseeing growth management should reflect this diversity and
7071 should vary based on local government conditions, capabilities,
7072 needs, and extent of development. Thus, the Legislature
7073 recognizes and finds that reduced state oversight of local
7074 comprehensive planning is justified for some local governments
7075 in urban areas.
7076 (b) The Legislature finds and declares that this state’s
7077 local governments urban areas require a reduced level of state
7078 oversight because of their high degree of urbanization and the
7079 planning capabilities and resources of many of their local
7080 governments. Accordingly, the An alternative state review
7081 process that is adequate to protect issues of regional or
7082 statewide importance should be created for appropriate local
7083 governments in these areas. Further, the Legislature finds that
7084 development, including urban infill and redevelopment, should be
7085 encouraged in these urban areas. The Legislature finds that an
7086 alternative process provided by this section for amending local
7087 comprehensive plans is in these areas should be established with
7088 the an objective of streamlining the process and recognizing
7089 local responsibility and accountability.
7090 (c) The Legislature finds a pilot program will be
7091 beneficial in evaluating an alternative, expedited plan
7092 amendment adoption and review process. Pilot local governments
7093 shall represent highly developed counties and the municipalities
7094 within these counties and highly populated municipalities.
7095 (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
7096 PROGRAM.—The process for amending a comprehensive plan described
7097 in this section is applicable statewide. Pinellas and Broward
7098 Counties, and the municipalities within these counties, and
7099 Jacksonville, Miami, Tampa, and Hialeah shall follow an
7100 alternative state review process provided in this section.
7101 Municipalities within the pilot counties may elect, by super
7102 majority vote of the governing body, not to participate in the
7103 pilot program. In addition to the pilot program jurisdictions,
7104 any local government may use the alternative state review
7105 process to designate an urban service area as defined in s.
7106 163.3164(29) in its comprehensive plan.
7107 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
7108 UNDER THE PILOT PROGRAM.—
7109 (a) Effective July 1, 2011, all plan amendments adopted by
7110 local governments are subject to the pilot program jurisdictions
7111 shall follow the alternate, expedited process in subsections (4)
7112 and (5), except as follows: set forth in paragraphs (b)-(e) of
7113 this subsection.
7114 (a)(b) Amendments that qualify as small-scale development
7115 amendments may continue to be adopted by the pilot program
7116 jurisdictions pursuant to s. 163.3187(1)(c) and (3).
7117 (b)(c) Plan amendments that propose a rural land
7118 stewardship area pursuant to s. 163.3177(11)(d); propose an
7119 optional sector plan; update a comprehensive plan based on an
7120 evaluation and appraisal report; implement new statutory
7121 requirements; or new plans for newly incorporated
7122 municipalities; or are in an area of critical state concern
7123 designated pursuant to s. 380.05 are subject to state review as
7124 set forth in s. 163.3184.
7125 (c) Any small county as that term is defined in s.
7126 120.52(19) which transmits a resolution to the state land
7127 planning agency specifying that it wants to follow the process
7128 set forth in s. 163.3184 for all comprehensive plan amendments.
7129 Such counties, at their option, may pass a subsequent resolution
7130 specifying that they plan to follow the process specified in
7131 this section. Such subsequent resolution may not be passed in
7132 the same calendar year as the one specifying that the county
7133 will follow the process set forth in s. 163.3184.
7134 (d) A municipality of special financial concern, as defined
7135 in s. 200.185(1)(b), with a per capita taxable value of assessed
7136 property of $58,000 or less which transmits a resolution to the
7137 state land planning agency specifying that it wants to follow
7138 the process set forth in s. 163.3184 for all comprehensive plan
7139 amendments. Such municipalities, at their option, may pass a
7140 subsequent resolution specifying that they plan to follow the
7141 process specified in this section. Such subsequent resolution
7142 may not be passed in the same calendar year as the one
7143 specifying that the county will follow the process set forth in
7144 s. 163.3184.
7145 (e) A municipality that has a population under 20,000 with
7146 a per capita taxable value of assessed property of $46,000 or
7147 less and that transmits a resolution to the state land planning
7148 agency specifying that it wants to follow the process set forth
7149 in s. 163.3184 for all comprehensive plan amendments. Such
7150 municipalities, at their option, may pass a subsequent
7151 resolution specifying that they plan to follow the process
7152 specified in this section. Such subsequent resolution may not be
7153 passed in the same calendar year as the one specifying that the
7154 county will follow the process set forth in s. 163.3184.
7155 (f)(d) Local governments are Pilot program jurisdictions
7156 shall be subject to the frequency and timing requirements for
7157 plan amendments set forth in ss. 163.3187 and 163.3191, except
7158 where otherwise stated in this section.
7159 (g)(e) The mediation and expedited hearing provisions in s.
7160 163.3189(3) apply to all plan amendments adopted pursuant to
7161 this section by the pilot program jurisdictions.
7162 (h) Local governments shall not combine plan amendments
7163 adopted pursuant to this section with plan amendments adopted
7164 pursuant to s. 163.3184 in the same amendment package. Each
7165 transmittal and adoption amendment package shall contain a cover
7166 letter stating whether the amendment or amendments contained
7167 within the package are adopted pursuant to this section or s.
7168 163.3184.
7169 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
7170 PILOT PROGRAM.—
7171 (a) The local government shall hold its first public
7172 hearing on a comprehensive plan amendment on a weekday at least
7173 7 days after the day the first advertisement is published
7174 pursuant to the requirements of chapter 125 or chapter 166. Upon
7175 an affirmative vote of not less than a majority of the members
7176 of the governing body present at the hearing, the local
7177 government shall immediately transmit the amendment or
7178 amendments and appropriate supporting data and analyses to the
7179 state land planning agency; the appropriate regional planning
7180 council and water management district; the Department of
7181 Environmental Protection; the Department of State; the
7182 Department of Transportation; in the case of municipal plans, to
7183 the appropriate county; the Fish and Wildlife Conservation
7184 Commission; the Department of Agriculture and Consumer Services;
7185 when required by s. 163.3175, the applicable military
7186 installation or installations; and in the case of amendments
7187 that include or impact the public school facilities element, the
7188 Department of Education Office of Educational Facilities of the
7189 Commissioner of Education. The local governing body shall also
7190 transmit a copy of the amendments and supporting data and
7191 analyses to any other local government or governmental agency
7192 that has filed a written request with the governing body.
7193 (b) The agencies and local governments specified in
7194 paragraph (a) may provide comments regarding the amendment or
7195 amendments to the local government. The regional planning
7196 council review and comment shall be limited to effects on
7197 regional resources or facilities identified in the strategic
7198 regional policy plan and extrajurisdictional impacts that would
7199 be inconsistent with the comprehensive plan of the affected
7200 local government. A regional planning council shall not review
7201 and comment on a proposed comprehensive plan amendment prepared
7202 by such council unless the plan amendment has been changed by
7203 the local government subsequent to the preparation of the plan
7204 amendment by the regional planning council. County comments on
7205 municipal comprehensive plan amendments shall be primarily in
7206 the context of the relationship and effect of the proposed plan
7207 amendments on the county plan. Municipal comments on county plan
7208 amendments shall be primarily in the context of the relationship
7209 and effect of the amendments on the municipal plan. State agency
7210 comments must be limited to issues within the agency’s
7211 jurisdiction as it relates to the requirements of this part and
7212 may include technical guidance on issues of agency jurisdiction
7213 as it relates to the requirements of this part. Such comments
7214 shall clearly identify issues that, if not resolved, may result
7215 in an agency challenge to the plan amendment. For the purposes
7216 of this pilot program, Agencies are encouraged to focus
7217 potential challenges on issues of regional or statewide
7218 importance. Agencies and local governments must transmit their
7219 comments to the affected local government such that they are
7220 received by the local government not later than thirty days from
7221 the date on which the agency or government received the
7222 amendment or amendments.
7223 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
7224 AREAS.—
7225 (a) The local government shall hold its second public
7226 hearing, which shall be a hearing on whether to adopt one or
7227 more comprehensive plan amendments, on a weekday at least 5 days
7228 after the day the second advertisement is published pursuant to
7229 the requirements of chapter 125 or chapter 166. Adoption of
7230 comprehensive plan amendments must be by ordinance and requires
7231 an affirmative vote of a majority of the members of the
7232 governing body present at the second hearing.
7233 (b) All comprehensive plan amendments adopted by the
7234 governing body along with the supporting data and analysis shall
7235 be transmitted within 10 days of the second public hearing to
7236 the state land planning agency and any other agency or local
7237 government that provided timely comments under paragraph (4)(b).
7238 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
7239 PROGRAM.—
7240 (a) Any “affected person” as defined in s. 163.3184(1)(a)
7241 may file a petition with the Division of Administrative Hearings
7242 pursuant to ss. 120.569 and 120.57, with a copy served on the
7243 affected local government, to request a formal hearing to
7244 challenge whether the amendments are “in compliance” as defined
7245 in s. 163.3184(1)(b). This petition must be filed with the
7246 Division within 30 days after the state land planning agency
7247 notifies the local government that the plan amendment package is
7248 complete the local government adopts the amendment. The state
7249 land planning agency may intervene in a proceeding instituted by
7250 an affected person if necessary to protect interests of regional
7251 or statewide importance.
7252 (b) The state land planning agency may file a petition with
7253 the Division of Administrative Hearings pursuant to ss. 120.569
7254 and 120.57, with a copy served on the affected local government,
7255 to request a formal hearing if necessary to protect interests of
7256 regional or statewide importance. This petition must be filed
7257 with the Division within 30 days after the state land planning
7258 agency notifies the local government that the plan amendment
7259 package is complete. For purposes of this section, an adopted
7260 amendment package shall be deemed complete if it contains a
7261 full, executed copy of the adoption ordinance or ordinances; in
7262 the case of a text amendment, a full copy of the amended
7263 language in legislative format with new words inserted in the
7264 text underlined, and words to be deleted lined through with
7265 hyphens; in the case of a future land use map amendment, a copy
7266 of the future land use map clearly depicting the parcel, its
7267 existing future land use designation, and its adopted
7268 designation; and a copy of any data and analyses the local
7269 government deems appropriate. The state land planning agency
7270 shall notify the local government that the package is complete
7271 or that the package contains of any deficiencies within 5
7272 working days of receipt of an amendment package.
7273 (c) The state land planning agency’s challenge shall be
7274 limited to those issues raised in the comments provided by the
7275 reviewing agencies pursuant to paragraph (4)(b). The state land
7276 planning agency may challenge a plan amendment that has
7277 substantially changed from the version on which the agencies
7278 provided comments. For the purposes of this pilot program, the
7279 Legislature strongly encourages The state land planning agency
7280 shall to focus any challenge on issues of regional or statewide
7281 importance.
7282 (d) An administrative law judge shall hold a hearing in the
7283 affected local jurisdiction. The local government’s
7284 determination that the amendment is “in compliance” is presumed
7285 to be correct and shall be sustained unless it is shown by a
7286 preponderance of the evidence that the amendment is not “in
7287 compliance.”
7288 (e) If the administrative law judge recommends that the
7289 amendment be found not in compliance, the judge shall submit the
7290 recommended order to the Administration Commission for final
7291 agency action. The Administration Commission shall enter a final
7292 order within 45 days after its receipt of the recommended order.
7293 (f) If the administrative law judge recommends that the
7294 amendment be found in compliance, the judge shall submit the
7295 recommended order to the state land planning agency.
7296 1. If the state land planning agency determines that the
7297 plan amendment should be found not in compliance, the agency
7298 shall refer, within 30 days of receipt of the recommended order,
7299 the recommended order and its determination to the
7300 Administration Commission for final agency action. If the
7301 commission determines that the amendment is not in compliance,
7302 it may sanction the local government as set forth in s.
7303 163.3184(11).
7304 2. If the state land planning agency determines that the
7305 plan amendment should be found in compliance, the agency shall
7306 enter its final order not later than 30 days from receipt of the
7307 recommended order.
7308 (g) An amendment adopted under the expedited provisions of
7309 this section shall not become effective until 31 days after the
7310 state land plan agency notifies the local government that the
7311 plan amendment package is complete adoption. If timely
7312 challenged, an amendment shall not become effective until the
7313 state land planning agency or the Administration Commission
7314 enters a final order determining the adopted amendment to be in
7315 compliance.
7316 (h) Parties to a proceeding under this section may enter
7317 into compliance agreements using the process in s. 163.3184(16).
7318 Any remedial amendment adopted pursuant to a settlement
7319 agreement shall be provided to the agencies and governments
7320 listed in paragraph (4)(a).
7321 (7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
7322 GOVERNMENTS.—Local governments and specific areas that have been
7323 designated for alternate review process pursuant to ss. 163.3246
7324 and 163.3184(17) and (18) are not subject to this section.
7325 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
7326 not promulgate rules to implement this pilot program.
7327 (9) REPORT.—The Office of Program Policy Analysis and
7328 Government Accountability shall submit to the Governor, the
7329 President of the Senate, and the Speaker of the House of
7330 Representatives by December 1, 2008, a report and
7331 recommendations for implementing a statewide program that
7332 addresses the legislative findings in subsection (1) in areas
7333 that meet urban criteria. The Office of Program Policy Analysis
7334 and Government Accountability in consultation with the state
7335 land planning agency shall develop the report and
7336 recommendations with input from other state and regional
7337 agencies, local governments, and interest groups. Additionally,
7338 the office shall review local and state actions and
7339 correspondence relating to the pilot program to identify issues
7340 of process and substance in recommending changes to the pilot
7341 program. At a minimum, the report and recommendations shall
7342 include the following:
7343 (a) Identification of local governments beyond those
7344 participating in the pilot program that should be subject to the
7345 alternative expedited state review process. The report may
7346 recommend that pilot program local governments may no longer be
7347 appropriate for such alternative review process.
7348 (b) Changes to the alternative expedited state review
7349 process for local comprehensive plan amendments identified in
7350 the pilot program.
7351 (c) Criteria for determining issues of regional or
7352 statewide importance that are to be protected in the alternative
7353 state review process.
7354 (d) In preparing the report and recommendations, the Office
7355 of Program Policy Analysis and Government Accountability shall
7356 consult with the state land planning agency, the Department of
7357 Transportation, the Department of Environmental Protection, and
7358 the regional planning agencies in identifying highly developed
7359 local governments to participate in the alternative expedited
7360 state review process. The Office of Program Policy Analysis and
7361 Governmental Accountability shall also solicit citizen input in
7362 the potentially affected areas and consult with the affected
7363 local governments and stakeholder groups.
7364 Section 33. Paragraph (a) of subsection (2) of section
7365 163.360, Florida Statutes, is amended to read:
7366 163.360 Community redevelopment plans.—
7367 (2) The community redevelopment plan shall:
7368 (a) Conform to the comprehensive plan for the county or
7369 municipality as prepared by the local planning agency under the
7370 Community Local Government Comprehensive Planning and Land
7371 Development Regulation Act.
7372 Section 34. Paragraph (a) of subsection (3) and subsection
7373 (8) of section 163.516, Florida Statutes, are amended to read:
7374 163.516 Safe neighborhood improvement plans.—
7375 (3) The safe neighborhood improvement plan shall:
7376 (a) Be consistent with the adopted comprehensive plan for
7377 the county or municipality pursuant to the Community Local
7378 Government Comprehensive Planning and Land Development
7379 Regulation Act. No district plan shall be implemented unless the
7380 local governing body has determined said plan is consistent.
7381 (8) Pursuant to ss. 163.3184, 163.3187, and 163.3189, the
7382 governing body of a municipality or county shall hold two public
7383 hearings to consider the board-adopted safe neighborhood
7384 improvement plan as an amendment or modification to the
7385 municipality’s or county’s adopted local comprehensive plan.
7386 Section 35. Paragraph (f) of subsection (6), subsection
7387 (9), and paragraph (c) of subsection (11) of section 171.203,
7388 Florida Statutes, are amended to read:
7389 171.203 Interlocal service boundary agreement.—The
7390 governing body of a county and one or more municipalities or
7391 independent special districts within the county may enter into
7392 an interlocal service boundary agreement under this part. The
7393 governing bodies of a county, a municipality, or an independent
7394 special district may develop a process for reaching an
7395 interlocal service boundary agreement which provides for public
7396 participation in a manner that meets or exceeds the requirements
7397 of subsection (13), or the governing bodies may use the process
7398 established in this section.
7399 (6) An interlocal service boundary agreement may address
7400 any issue concerning service delivery, fiscal responsibilities,
7401 or boundary adjustment. The agreement may include, but need not
7402 be limited to, provisions that:
7403 (f) Establish a process for land use decisions consistent
7404 with part II of chapter 163, including those made jointly by the
7405 governing bodies of the county and the municipality, or allow a
7406 municipality to adopt land use changes consistent with part II
7407 of chapter 163 for areas that are scheduled to be annexed within
7408 the term of the interlocal agreement; however, the county
7409 comprehensive plan and land development regulations shall
7410 control until the municipality annexes the property and amends
7411 its comprehensive plan accordingly. Comprehensive plan
7412 amendments to incorporate the process established by this
7413 paragraph are exempt from the twice-per-year limitation under s.
7414 163.3187.
7415 (9) Each local government that is a party to the interlocal
7416 service boundary agreement shall amend the intergovernmental
7417 coordination element of its comprehensive plan, as described in
7418 s. 163.3177(6)(h)1., no later than 6 months following entry of
7419 the interlocal service boundary agreement consistent with s.
7420 163.3177(6)(h)1. Plan amendments required by this subsection are
7421 exempt from the twice-per-year limitation under s. 163.3187.
7422 (11)
7423 (c) Any amendment required by paragraph (a) is exempt from
7424 the twice-per-year limitation under s. 163.3187.
7425 Section 36. Paragraph (c) of subsection (2) and subsection
7426 (3) of section 186.504, Florida Statutes, are amended to read:
7427 186.504 Regional planning councils; creation; membership.—
7428 (2) Membership on the regional planning council shall be as
7429 follows:
7430 (c) Representatives appointed by the Governor from the
7431 geographic area covered by the regional planning council,
7432 including an elected school board member from the geographic
7433 area covered by the regional planning council, to be nominated
7434 by the Florida School Board Association and a representative of
7435 the civic and business community which shall be selected and
7436 recommended by the Florida Chamber of Commerce, the Office of
7437 Tourism, Trade, and Economic Development, and Enterprise
7438 Florida. These representatives must include two or more of the
7439 following: a representative of the region’s business community,
7440 a representative of the commercial development community, a
7441 representative of the banking and financial community, and a
7442 representative of the agricultural community.
7443 (3) Not less than two-thirds of the representatives serving
7444 as voting members on the governing bodies of such regional
7445 planning councils shall be elected officials of local general
7446 purpose governments chosen by the cities and counties of the
7447 region, provided each county shall have at least one vote. The
7448 remaining one-third of the voting members on the governing board
7449 shall be appointed by the Governor, to include one elected
7450 school board member, subject to confirmation by the Senate, and
7451 shall reside in the region. No two appointees of the Governor
7452 shall have their places of residence in the same county until
7453 each county within the region is represented by a Governor’s
7454 appointee to the governing board. Nothing contained in this
7455 section shall deny to local governing bodies or the Governor the
7456 option of appointing either locally elected officials or lay
7457 citizens provided at least two-thirds of the governing body of
7458 the regional planning council is composed of locally elected
7459 officials.
7460 Section 37. Section 186.513, Florida Statutes, is amended
7461 to read:
7462 186.513 Reports.—Each regional planning council shall
7463 prepare and furnish an annual report on its activities to the
7464 state land planning agency as defined in s. 163.3164(20) and the
7465 local general-purpose governments within its boundaries and,
7466 upon payment as may be established by the council, to any
7467 interested person. The regional planning councils shall make a
7468 joint report and recommendations to appropriate legislative
7469 committees.
7470 Section 38. Section 186.515, Florida Statutes, is amended
7471 to read:
7472 186.515 Creation of regional planning councils under
7473 chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and
7474 186.515 is intended to repeal or limit the provisions of chapter
7475 163; however, the local general-purpose governments serving as
7476 voting members of the governing body of a regional planning
7477 council created pursuant to ss. 186.501-186.507, 186.513, and
7478 186.515 are not authorized to create a regional planning council
7479 pursuant to chapter 163 unless an agency, other than a regional
7480 planning council created pursuant to ss. 186.501-186.507,
7481 186.513, and 186.515, is designated to exercise the powers and
7482 duties in any one or more of ss. 163.3164(19) and 380.031(15);
7483 in which case, such a regional planning council is also without
7484 authority to exercise the powers and duties in s. 163.3164(19)
7485 or s. 380.031(15).
7486 Section 39. Subsection (1) of section 189.415, Florida
7487 Statutes, is amended to read:
7488 189.415 Special district public facilities report.—
7489 (1) It is declared to be the policy of this state to foster
7490 coordination between special districts and local general-purpose
7491 governments as those local general-purpose governments develop
7492 comprehensive plans under the Community Local Government
7493 Comprehensive Planning and Land Development Regulation Act,
7494 pursuant to part II of chapter 163.
7495 Section 40. Subsection (3) of section 190.004, Florida
7496 Statutes, is amended to read:
7497 190.004 Preemption; sole authority.—
7498 (3) The establishment of an independent community
7499 development district as provided in this act is not a
7500 development order within the meaning of chapter 380. All
7501 governmental planning, environmental, and land development laws,
7502 regulations, and ordinances apply to all development of the land
7503 within a community development district. Community development
7504 districts do not have the power of a local government to adopt a
7505 comprehensive plan, building code, or land development code, as
7506 those terms are defined in the Community Local Government
7507 Comprehensive Planning and Land Development Regulation Act. A
7508 district shall take no action which is inconsistent with
7509 applicable comprehensive plans, ordinances, or regulations of
7510 the applicable local general-purpose government.
7511 Section 41. Paragraph (a) of subsection (1) of section
7512 190.005, Florida Statutes, is amended to read:
7513 190.005 Establishment of district.—
7514 (1) The exclusive and uniform method for the establishment
7515 of a community development district with a size of 1,000 acres
7516 or more shall be pursuant to a rule, adopted under chapter 120
7517 by the Florida Land and Water Adjudicatory Commission, granting
7518 a petition for the establishment of a community development
7519 district.
7520 (a) A petition for the establishment of a community
7521 development district shall be filed by the petitioner with the
7522 Florida Land and Water Adjudicatory Commission. The petition
7523 shall contain:
7524 1. A metes and bounds description of the external
7525 boundaries of the district. Any real property within the
7526 external boundaries of the district which is to be excluded from
7527 the district shall be specifically described, and the last known
7528 address of all owners of such real property shall be listed. The
7529 petition shall also address the impact of the proposed district
7530 on any real property within the external boundaries of the
7531 district which is to be excluded from the district.
7532 2. The written consent to the establishment of the district
7533 by all landowners whose real property is to be included in the
7534 district or documentation demonstrating that the petitioner has
7535 control by deed, trust agreement, contract, or option of 100
7536 percent of the real property to be included in the district, and
7537 when real property to be included in the district is owned by a
7538 governmental entity and subject to a ground lease as described
7539 in s. 190.003(14), the written consent by such governmental
7540 entity.
7541 3. A designation of five persons to be the initial members
7542 of the board of supervisors, who shall serve in that office
7543 until replaced by elected members as provided in s. 190.006.
7544 4. The proposed name of the district.
7545 5. A map of the proposed district showing current major
7546 trunk water mains and sewer interceptors and outfalls if in
7547 existence.
7548 6. Based upon available data, the proposed timetable for
7549 construction of the district services and the estimated cost of
7550 constructing the proposed services. These estimates shall be
7551 submitted in good faith but shall not be binding and may be
7552 subject to change.
7553 7. A designation of the future general distribution,
7554 location, and extent of public and private uses of land proposed
7555 for the area within the district by the future land use plan
7556 element of the effective local government comprehensive plan of
7557 which all mandatory elements have been adopted by the applicable
7558 general-purpose local government in compliance with the
7559 Community Local Government Comprehensive Planning and Land
7560 Development Regulation Act.
7561 8. A statement of estimated regulatory costs in accordance
7562 with the requirements of s. 120.541.
7563 Section 42. Paragraph (i) of subsection (6) of section
7564 193.501, Florida Statutes, is amended to read:
7565 193.501 Assessment of lands subject to a conservation
7566 easement, environmentally endangered lands, or lands used for
7567 outdoor recreational or park purposes when land development
7568 rights have been conveyed or conservation restrictions have been
7569 covenanted.—
7570 (6) The following terms whenever used as referred to in
7571 this section have the following meanings unless a different
7572 meaning is clearly indicated by the context:
7573 (i) “Qualified as environmentally endangered” means land
7574 that has unique ecological characteristics, rare or limited
7575 combinations of geological formations, or features of a rare or
7576 limited nature constituting habitat suitable for fish, plants,
7577 or wildlife, and which, if subject to a development moratorium
7578 or one or more conservation easements or development
7579 restrictions appropriate to retaining such land or water areas
7580 predominantly in their natural state, would be consistent with
7581 the conservation, recreation and open space, and, if applicable,
7582 coastal protection elements of the comprehensive plan adopted by
7583 formal action of the local governing body pursuant to s.
7584 163.3161, the Community Local Government Comprehensive Planning
7585 and Land Development Regulation Act; or surface waters and
7586 wetlands, as determined by the methodology ratified in s.
7587 373.4211.
7588 Section 43. Subsection (15) of section 287.042, Florida
7589 Statutes, is amended to read:
7590 287.042 Powers, duties, and functions.—The department shall
7591 have the following powers, duties, and functions:
7592 (15) To enter into joint agreements with governmental
7593 agencies, as defined in s. 163.3164(10), for the purpose of
7594 pooling funds for the purchase of commodities or information
7595 technology that can be used by multiple agencies.
7596 (a) Each agency that has been appropriated or has existing
7597 funds for such purchase, shall, upon contract award by the
7598 department, transfer their portion of the funds into the
7599 department’s Operating Trust Fund for payment by the department.
7600 The funds shall be transferred by the Executive Office of the
7601 Governor pursuant to the agency budget amendment request
7602 provisions in chapter 216.
7603 (b) Agencies that sign the joint agreements are financially
7604 obligated for their portion of the agreed-upon funds. If an
7605 agency becomes more than 90 days delinquent in paying the funds,
7606 the department shall certify to the Chief Financial Officer the
7607 amount due, and the Chief Financial Officer shall transfer the
7608 amount due to the Operating Trust Fund of the department from
7609 any of the agency’s available funds. The Chief Financial Officer
7610 shall report these transfers and the reasons for the transfers
7611 to the Executive Office of the Governor and the legislative
7612 appropriations committees.
7613 Section 44. Subsection (4) of section 288.063, Florida
7614 Statutes, is amended to read:
7615 288.063 Contracts for transportation projects.—
7616 (4) The Office of Tourism, Trade, and Economic Development
7617 may adopt criteria by which transportation projects are to be
7618 reviewed and certified in accordance with s. 288.061. In
7619 approving transportation projects for funding, the Office of
7620 Tourism, Trade, and Economic Development shall consider factors
7621 including, but not limited to, the cost per job created or
7622 retained considering the amount of transportation funds
7623 requested; the average hourly rate of wages for jobs created;
7624 the reliance on the program as an inducement for the project’s
7625 location decision; the amount of capital investment to be made
7626 by the business; the demonstrated local commitment; the location
7627 of the project in an enterprise zone designated pursuant to s.
7628 290.0055; the location of the project in a spaceport territory
7629 as defined in s. 331.304; the unemployment rate of the
7630 surrounding area; and the poverty rate of the community; and the
7631 adoption of an economic element as part of its local
7632 comprehensive plan in accordance with s. 163.3177(7)(j). The
7633 Office of Tourism, Trade, and Economic Development may contact
7634 any agency it deems appropriate for additional input regarding
7635 the approval of projects.
7636 Section 45. Paragraph (a) of subsection (2), subsection
7637 (10), and paragraph (d) of subsection (12) of section 288.975,
7638 Florida Statutes, are amended to read:
7639 288.975 Military base reuse plans.—
7640 (2) As used in this section, the term:
7641 (a) “Affected local government” means a local government
7642 adjoining the host local government and any other unit of local
7643 government that is not a host local government but that is
7644 identified in a proposed military base reuse plan as providing,
7645 operating, or maintaining one or more public facilities as
7646 defined in s. 163.3164(24) on lands within or serving a military
7647 base designated for closure by the Federal Government.
7648 (10) Within 60 days after receipt of a proposed military
7649 base reuse plan, these entities shall review and provide
7650 comments to the host local government. The commencement of this
7651 review period shall be advertised in newspapers of general
7652 circulation within the host local government and any affected
7653 local government to allow for public comment. No later than 180
7654 days after receipt and consideration of all comments, and the
7655 holding of at least two public hearings, the host local
7656 government shall adopt the military base reuse plan. The host
7657 local government shall comply with the notice requirements set
7658 forth in s. 163.3184(15) to ensure full public participation in
7659 this planning process.
7660 (12) Following receipt of a petition, the petitioning party
7661 or parties and the host local government shall seek resolution
7662 of the issues in dispute. The issues in dispute shall be
7663 resolved as follows:
7664 (d) Within 45 days after receiving the report from the
7665 state land planning agency, the Administration Commission shall
7666 take action to resolve the issues in dispute. In deciding upon a
7667 proper resolution, the Administration Commission shall consider
7668 the nature of the issues in dispute, any requests for a formal
7669 administrative hearing pursuant to chapter 120, the compliance
7670 of the parties with this section, the extent of the conflict
7671 between the parties, the comparative hardships and the public
7672 interest involved. If the Administration Commission incorporates
7673 in its final order a term or condition that requires any local
7674 government to amend its local government comprehensive plan, the
7675 local government shall amend its plan within 60 days after the
7676 issuance of the order. Such amendment or amendments shall be
7677 exempt from the limitation of the frequency of plan amendments
7678 contained in s. 163.3187(1), and a public hearing on such
7679 amendment or amendments pursuant to s. 163.3184(15)(b)1.(14(b)1.
7680 shall not be required. The final order of the Administration
7681 Commission is subject to appeal pursuant to s. 120.68. If the
7682 order of the Administration Commission is appealed, the time for
7683 the local government to amend its plan shall be tolled during
7684 the pendency of any local, state, or federal administrative or
7685 judicial proceeding relating to the military base reuse plan.
7686 Section 46. Subsection (4) of section 290.0475, Florida
7687 Statutes, is amended to read:
7688 290.0475 Rejection of grant applications; penalties for
7689 failure to meet application conditions.—Applications received
7690 for funding under all program categories shall be rejected
7691 without scoring only in the event that any of the following
7692 circumstances arise:
7693 (4) The application is not consistent with the local
7694 government’s comprehensive plan adopted pursuant to s.
7695 163.3184(7).
7696 Section 47. Paragraph (c) of subsection (3) of section
7697 311.07, Florida Statutes, is amended to read:
7698 311.07 Florida seaport transportation and economic
7699 development funding.—
7700 (3)
7701 (c) To be eligible for consideration by the council
7702 pursuant to this section, a project must be consistent with the
7703 port comprehensive master plan which is incorporated as part of
7704 the approved local government comprehensive plan as required by
7705 s. 163.3178(2)(k) or other provisions of the Community Local
7706 Government Comprehensive Planning and Land Development
7707 Regulation Act, part II of chapter 163.
7708 Section 48. Subsection (1) of section 331.319, Florida
7709 Statutes, is amended to read:
7710 331.319 Comprehensive planning; building and safety codes.
7711 The board of directors may:
7712 (1) Adopt, and from time to time review, amend, supplement,
7713 or repeal, a comprehensive general plan for the physical
7714 development of the area within the spaceport territory in
7715 accordance with the objectives and purposes of this act and
7716 consistent with the comprehensive plans of the applicable county
7717 or counties and municipality or municipalities adopted pursuant
7718 to the Community Local Government Comprehensive Planning and
7719 Land Development Regulation Act, part II of chapter 163.
7720 Section 49. Paragraph (e) of subsection (5) of section
7721 339.155, Florida Statutes, is amended to read:
7722 339.155 Transportation planning.—
7723 (5) ADDITIONAL TRANSPORTATION PLANS.—
7724 (e) The regional transportation plan developed pursuant to
7725 this section must, at a minimum, identify regionally significant
7726 transportation facilities located within a regional
7727 transportation area and contain a prioritized list of regionally
7728 significant projects. The level-of-service standards for
7729 facilities to be funded under this subsection shall be adopted
7730 by the appropriate local government in accordance with s.
7731 163.3180(10). The projects shall be adopted into the capital
7732 improvements schedule of the local government comprehensive plan
7733 pursuant to s. 163.3177(3).
7734 Section 50. Paragraph (a) of subsection (4) of section
7735 339.2819, Florida Statutes, is amended to read:
7736 339.2819 Transportation Regional Incentive Program.—
7737 (4)(a) Projects to be funded with Transportation Regional
7738 Incentive Program funds shall, at a minimum:
7739 1. Support those transportation facilities that serve
7740 national, statewide, or regional functions and function as an
7741 integrated regional transportation system.
7742 2. Be identified in the capital improvements element of a
7743 comprehensive plan that has been determined to be in compliance
7744 with part II of chapter 163, after July 1, 2005, or to implement
7745 a long-term concurrency management system adopted by a local
7746 government in accordance with s. 163.3180(9). Further, the
7747 project shall be in compliance with local government
7748 comprehensive plan policies relative to corridor management.
7749 3. Be consistent with the Strategic Intermodal System Plan
7750 developed under s. 339.64.
7751 4. Have a commitment for local, regional, or private
7752 financial matching funds as a percentage of the overall project
7753 cost.
7754 Section 51. Present subsections (9), (10), (11), (12), and
7755 (13) of section 367.021, Florida Statutes, are renumbered as
7756 subsections (11), (12), (13), (14), and (15), respectively, and
7757 new subsections (9) and (10) are added to that section, to read:
7758 367.021 Definitions.—As used in this chapter, the following
7759 words or terms shall have the meanings indicated:
7760 (9) “Large landowner” means any applicant for a certificate
7761 pursuant to s. 367.045 who owns or controls at least 1,000 acres
7762 in a single county or adjacent counties which are proposed to be
7763 certified.
7764 (10) “Need” means, for the purposes of an application under
7765 s. 367.045, by a large landowner, a showing that the certificate
7766 is sought for planning purposes to allow the landowner to be
7767 prepared to provide service to its properties as and when needed
7768 to meet demands for any residential, commercial, or industrial
7769 service, or for such other lawful purposes as may arise within
7770 the territory to be certified. A large landowner is not required
7771 to demonstrate that the need for service is either immediate or
7772 imminent, or that such service will be required within a
7773 specific timeframe.
7774 Section 52. Subsection (5) of section 369.303, Florida
7775 Statutes, is amended to read:
7776 369.303 Definitions.—As used in this part:
7777 (5) “Land development regulation” means a regulation
7778 covered by the definition in s. 163.3164(23) and any of the
7779 types of regulations described in s. 163.3202.
7780 Section 53. Subsection (7) of section 369.321, Florida
7781 Statutes, is amended to read:
7782 369.321 Comprehensive plan amendments.—Except as otherwise
7783 expressly provided, by January 1, 2006, each local government
7784 within the Wekiva Study Area shall amend its local government
7785 comprehensive plan to include the following:
7786 (7) During the period prior to the adoption of the
7787 comprehensive plan amendments required by this act, any local
7788 comprehensive plan amendment adopted by a city or county that
7789 applies to land located within the Wekiva Study Area shall
7790 protect surface and groundwater resources and be reviewed by the
7791 Department of Community Affairs, pursuant to chapter 163 and
7792 chapter 9J-5, Florida Administrative Code, using best available
7793 data, including the information presented to the Wekiva River
7794 Basin Coordinating Committee.
7795 Section 54. Subsection (1) of section 378.021, Florida
7796 Statutes, is amended to read:
7797 378.021 Master reclamation plan.—
7798 (1) The Department of Environmental Protection shall amend
7799 the master reclamation plan that provides guidelines for the
7800 reclamation of lands mined or disturbed by the severance of
7801 phosphate rock prior to July 1, 1975, which lands are not
7802 subject to mandatory reclamation under part II of chapter 211.
7803 In amending the master reclamation plan, the Department of
7804 Environmental Protection shall continue to conduct an onsite
7805 evaluation of all lands mined or disturbed by the severance of
7806 phosphate rock prior to July 1, 1975, which lands are not
7807 subject to mandatory reclamation under part II of chapter 211.
7808 The master reclamation plan when amended by the Department of
7809 Environmental Protection shall be consistent with local
7810 government plans prepared pursuant to the Community Local
7811 Government Comprehensive Planning and Land Development
7812 Regulation Act.
7813 Section 55. Subsection (10) of section 380.031, Florida
7814 Statutes, is amended to read:
7815 380.031 Definitions.—As used in this chapter:
7816 (10) “Local comprehensive plan” means any or all local
7817 comprehensive plans or elements or portions thereof prepared,
7818 adopted, or amended pursuant to the Community Local Government
7819 Comprehensive Planning and Land Development Regulation Act, as
7820 amended.
7821 Section 56. Paragraph (b) of subsection (6), paragraphs
7822 (l), (m), and (s) of subsection (24), paragraph (e) of
7823 subsection (28), and paragraphs (a) and (e) of subsection (29)
7824 of section 380.06, Florida Statutes, are amended, and paragraph
7825 (u) is added to subsection (24) of that section, to read:
7826 380.06 Developments of regional impact.—
7827 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7828 PLAN AMENDMENTS.—
7829 (b) Any local government comprehensive plan amendments
7830 related to a proposed development of regional impact, including
7831 any changes proposed under subsection (19), may be initiated by
7832 a local planning agency or the developer and must be considered
7833 by the local governing body at the same time as the application
7834 for development approval using the procedures provided for local
7835 plan amendment in s. 163.3187 or s. 163.3189 and applicable
7836 local ordinances, without regard to statutory or local ordinance
7837 limits on the frequency of consideration of amendments to the
7838 local comprehensive plan. Nothing in this paragraph shall be
7839 deemed to require favorable consideration of a plan amendment
7840 solely because it is related to a development of regional
7841 impact. The procedure for processing such comprehensive plan
7842 amendments is as follows:
7843 1. If a developer seeks a comprehensive plan amendment
7844 related to a development of regional impact, the developer must
7845 so notify in writing the regional planning agency, the
7846 applicable local government, and the state land planning agency
7847 no later than the date of preapplication conference or the
7848 submission of the proposed change under subsection (19).
7849 2. When filing the application for development approval or
7850 the proposed change, the developer must include a written
7851 request for comprehensive plan amendments that would be
7852 necessitated by the development-of-regional-impact approvals
7853 sought. That request must include data and analysis upon which
7854 the applicable local government can determine whether to
7855 transmit the comprehensive plan amendment pursuant to s.
7856 163.3184.
7857 3. The local government must advertise a public hearing on
7858 the transmittal within 30 days after filing the application for
7859 development approval or the proposed change and must make a
7860 determination on the transmittal within 60 days after the
7861 initial filing unless that time is extended by the developer.
7862 4. If the local government approves the transmittal,
7863 procedures set forth in s. 163.3184(3)-(6) must be followed.
7864 5. Notwithstanding subsection (11) or subsection (19), the
7865 local government may not hold a public hearing on the
7866 application for development approval or the proposed change or
7867 on the comprehensive plan amendments sooner than 30 days from
7868 receipt of the response from the state land planning agency
7869 pursuant to s. 163.3184(6). The 60-day time period for local
7870 governments to adopt, adopt with changes, or not adopt plan
7871 amendments pursuant to s. 163.3184(7) shall not apply to
7872 concurrent plan amendments provided for in this subsection.
7873 6. The local government must hear both the application for
7874 development approval or the proposed change and the
7875 comprehensive plan amendments at the same hearing. However, the
7876 local government must take action separately on the application
7877 for development approval or the proposed change and on the
7878 comprehensive plan amendments.
7879 7. Thereafter, the appeal process for the local government
7880 development order must follow the provisions of s. 380.07, and
7881 the compliance process for the comprehensive plan amendments
7882 must follow the provisions of s. 163.3184.
7883 (24) STATUTORY EXEMPTIONS.—
7884 (l) Any proposed development within an urban service
7885 boundary established under s. 163.3177(14), which is not
7886 otherwise exempt pursuant to subsection (29), is exempt from the
7887 provisions of this section if the local government having
7888 jurisdiction over the area where the development is proposed has
7889 adopted the urban service boundary, has entered into a binding
7890 agreement with jurisdictions that would be impacted and with the
7891 Department of Transportation regarding the mitigation of impacts
7892 on state and regional transportation facilities, and has adopted
7893 a proportionate share methodology pursuant to s. 163.3180(16).
7894 (m) Any proposed development within a rural land
7895 stewardship area created under s. 163.3248 163.3177(11)(d) is
7896 exempt from the provisions of this section if the local
7897 government that has adopted the rural land stewardship area has
7898 entered into a binding agreement with jurisdictions that would
7899 be impacted and the Department of Transportation regarding the
7900 mitigation of impacts on state and regional transportation
7901 facilities, and has adopted a proportionate share methodology
7902 pursuant to s. 163.3180(16).
7903 (s) Any development in a detailed specific area plan which
7904 is prepared and adopted pursuant to s. 163.3245 and adopted into
7905 the comprehensive plan is exempt from this section.
7906 (u) Any transit-oriented development as defined in s.
7907 163.3164 incorporated into the county or municipality
7908 comprehensive plan that has adopted land use and transportation
7909 strategies to support and fund the local government concurrency
7910 or mobility plan identified in the comprehensive plan, including
7911 alternative modes of transportation, is exempt from review for
7912 transportation impacts conducted pursuant to this section. This
7913 paragraph does not apply to areas:
7914 1. Within the boundary of any area of critical state
7915 concern designated pursuant to s. 380.05;
7916 2. Within the boundary of the Wekiva Study Area as
7917 described in s. 369.316; or
7918 3. Within 2 miles of the boundary of the Everglades
7919 Protection Area as defined in s. 373.4592(2).
7920
7921 If a use is exempt from review as a development of regional
7922 impact under paragraphs (a)-(s), but will be part of a larger
7923 project that is subject to review as a development of regional
7924 impact, the impact of the exempt use must be included in the
7925 review of the larger project, unless such exempt use involves a
7926 development of regional impact that includes a landowner,
7927 tenant, or user that has entered into a funding agreement with
7928 the Office of Tourism, Trade, and Economic Development under the
7929 Innovation Incentive Program and the agreement contemplates a
7930 state award of at least $50 million.
7931 (28) PARTIAL STATUTORY EXEMPTIONS.—
7932 (e) The vesting provision of s. 163.3167(5)(8) relating to
7933 an authorized development of regional impact shall not apply to
7934 those projects partially exempt from the development-of
7935 regional-impact review process under paragraphs (a)-(d).
7936 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
7937 (a) The following are exempt from this section:
7938 1. Any proposed development in a municipality that has an
7939 average of at least 1,000 people per square mile of land area
7940 and a minimum total population of at least 5,000 qualifies as a
7941 dense urban land area as defined in s. 163.3164;
7942 2. Any proposed development within a county, including the
7943 municipalities located therein, which has an average of at least
7944 1,000 people per square mile of land area that qualifies as a
7945 dense urban land area as defined in s. 163.3164 and that is
7946 located within an urban service area as defined in s. 163.3164
7947 which has been adopted into the comprehensive plan; or
7948 3. Any proposed development within a county, including the
7949 municipalities located therein, which has a population of at
7950 least 900,000, which has an average of at least 1,000 people per
7951 square mile of land area which qualifies as a dense urban land
7952 area under s. 163.3164, but which does not have an urban service
7953 area designated in the comprehensive plan.
7954
7955 The Office of Economic and Demographic Research within the
7956 Legislature shall annually calculate the population and density
7957 criteria needed to determine which jurisdictions meet the
7958 density criteria in subparagraphs 1.-3. by using the most recent
7959 land area data from the decennial census conducted by the Bureau
7960 of the Census of the United States Department of Commerce and
7961 the latest available population estimates determined pursuant to
7962 s. 186.901. If any local government has had an annexation,
7963 contraction, or new incorporation, the Office of Economic and
7964 Demographic Research shall determine the population density
7965 using the new jurisdictional boundaries as recorded in
7966 accordance with s. 171.091. The Office of Economic and
7967 Demographic Research shall annually submit to the state land
7968 planning agency by July 1 a list of jurisdictions that meet the
7969 total population and density criteria. The state land planning
7970 agency shall publish the list of jurisdictions on its Internet
7971 website within 7 days after the list is received. The
7972 designation of jurisdictions that meet the density criteria of
7973 subparagraphs 1.-3. is effective upon publication on the state
7974 land planning agency’s Internet website. Any area that meets the
7975 density criteria may not thereafter be removed from the list of
7976 areas that qualify.
7977 (e) In an area that is exempt under paragraphs (a)-(c), any
7978 previously approved development-of-regional-impact development
7979 orders shall continue to be effective, but the developer has the
7980 option to be governed by s. 380.115(1). A pending application
7981 for development approval shall be governed by s. 380.115(2). A
7982 development that has a pending application for a comprehensive
7983 plan amendment and that elects not to continue development-of
7984 regional-impact review is exempt from the limitation on plan
7985 amendments set forth in s. 163.3187(1) for the year following
7986 the effective date of the exemption.
7987 Section 57. Paragraph (a) of subsection (8) of section
7988 380.061, Florida Statutes, is amended to read:
7989 380.061 The Florida Quality Developments program.—
7990 (8)(a) Any local government comprehensive plan amendments
7991 related to a Florida Quality Development may be initiated by a
7992 local planning agency and considered by the local governing body
7993 at the same time as the application for development approval,
7994 using the procedures provided for local plan amendment in s.
7995 163.3187 or s. 163.3189 and applicable local ordinances, without
7996 regard to statutory or local ordinance limits on the frequency
7997 of consideration of amendments to the local comprehensive plan.
7998 Nothing in this subsection shall be construed to require
7999 favorable consideration of a Florida Quality Development solely
8000 because it is related to a development of regional impact.
8001 Section 58. Paragraph (a) of subsection (2) of section
8002 380.065, Florida Statutes, is amended to read:
8003 380.065 Certification of local government review of
8004 development.—
8005 (2) When a petition is filed, the state land planning
8006 agency shall have no more than 90 days to prepare and submit to
8007 the Administration Commission a report and recommendations on
8008 the proposed certification. In deciding whether to grant
8009 certification, the Administration Commission shall determine
8010 whether the following criteria are being met:
8011 (a) The petitioning local government has adopted and
8012 effectively implemented a local comprehensive plan and
8013 development regulations which comply with ss. 163.3161-163.3215,
8014 the Community Local Government Comprehensive Planning and Land
8015 Development Regulation Act.
8016 Section 59. Section 380.0685, Florida Statutes, is amended
8017 to read:
8018 380.0685 State park in area of critical state concern in
8019 county which creates land authority; surcharge on admission and
8020 overnight occupancy.—The Department of Environmental Protection
8021 shall impose and collect a surcharge of 50 cents per person per
8022 day, or $5 per annual family auto entrance permit, on admission
8023 to all state parks in areas of critical state concern located in
8024 a county which creates a land authority pursuant to s.
8025 380.0663(1), and a surcharge of $2.50 per night per campsite,
8026 cabin, or other overnight recreational occupancy unit in state
8027 parks in areas of critical state concern located in a county
8028 which creates a land authority pursuant to s. 380.0663(1);
8029 however, no surcharge shall be imposed or collected under this
8030 section for overnight use by nonprofit groups of organized group
8031 camps, primitive camping areas, or other facilities intended
8032 primarily for organized group use. Such surcharges shall be
8033 imposed within 90 days after any county creating a land
8034 authority notifies the Department of Environmental Protection
8035 that the land authority has been created. The proceeds from such
8036 surcharges, less a collection fee that shall be kept by the
8037 Department of Environmental Protection for the actual cost of
8038 collection, not to exceed 2 percent, shall be transmitted to the
8039 land authority of the county from which the revenue was
8040 generated. Such funds shall be used to purchase property in the
8041 area or areas of critical state concern in the county from which
8042 the revenue was generated. An amount not to exceed 10 percent
8043 may be used for administration and other costs incident to such
8044 purchases. However, the proceeds of the surcharges imposed and
8045 collected pursuant to this section in a state park or parks
8046 located wholly within a municipality, less the costs of
8047 collection as provided herein, shall be transmitted to that
8048 municipality for use by the municipality for land acquisition or
8049 for beach renourishment or restoration, including, but not
8050 limited to, costs associated with any design, permitting,
8051 monitoring and mitigation of such work, as well as the work
8052 itself. The surcharges levied under this section shall remain
8053 imposed as long as the land authority is in existence.
8054 Section 60. Subsection (3) of section 380.115, Florida
8055 Statutes, is amended to read:
8056 380.115 Vested rights and duties; effect of size reduction,
8057 changes in guidelines and standards.—
8058 (3) A landowner that has filed an application for a
8059 development-of-regional-impact review prior to the adoption of a
8060 an optional sector plan pursuant to s. 163.3245 may elect to
8061 have the application reviewed pursuant to s. 380.06,
8062 comprehensive plan provisions in force prior to adoption of the
8063 sector plan, and any requested comprehensive plan amendments
8064 that accompany the application.
8065 Section 61. Subsection (1) of section 403.50665, Florida
8066 Statutes, is amended to read:
8067 403.50665 Land use consistency.—
8068 (1) The applicant shall include in the application a
8069 statement on the consistency of the site and any associated
8070 facilities that constitute a “development,” as defined in s.
8071 380.04, with existing land use plans and zoning ordinances that
8072 were in effect on the date the application was filed and a full
8073 description of such consistency. This information shall include
8074 an identification of those associated facilities that the
8075 applicant believes are exempt from the requirements of land use
8076 plans and zoning ordinances under the provisions of the
8077 Community Local Government Comprehensive Planning and Land
8078 Development Regulation Act provisions of chapter 163 and s.
8079 380.04(3).
8080 Section 62. Subsection (16) of section 420.9071, Florida
8081 Statutes, is amended to read:
8082 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
8083 term:
8084 (16) “Local housing incentive strategies” means local
8085 regulatory reform or incentive programs to encourage or
8086 facilitate affordable housing production, which include at a
8087 minimum, assurance that permits as defined in s. 163.3164(7) and
8088 (8) for affordable housing projects are expedited to a greater
8089 degree than other projects; an ongoing process for review of
8090 local policies, ordinances, regulations, and plan provisions
8091 that increase the cost of housing prior to their adoption; and a
8092 schedule for implementing the incentive strategies. Local
8093 housing incentive strategies may also include other regulatory
8094 reforms, such as those enumerated in s. 420.9076 or those
8095 recommended by the affordable housing advisory committee in its
8096 triennial evaluation of the implementation of affordable housing
8097 incentives, and adopted by the local governing body.
8098 Section 63. Subsection (13) and paragraph (a) of subsection
8099 (14) of section 403.973, Florida Statutes, are amended to read:
8100 403.973 Expedited permitting; amendments to comprehensive
8101 plans.—
8102 (13) Notwithstanding any other provisions of law:
8103 (a) Local comprehensive plan amendments for projects
8104 qualified under this section are exempt from the twice-a-year
8105 limits provision in s. 163.3187; and
8106 (b) Projects qualified under this section are not subject
8107 to interstate highway level-of-service standards adopted by the
8108 Department of Transportation for concurrency purposes. The
8109 memorandum of agreement specified in subsection (5) must include
8110 a process by which the applicant will be assessed a fair share
8111 of the cost of mitigating the project’s significant traffic
8112 impacts, as defined in chapter 380 and related rules. The
8113 agreement must also specify whether the significant traffic
8114 impacts on the interstate system will be mitigated through the
8115 implementation of a project or payment of funds to the
8116 Department of Transportation. Where funds are paid, the
8117 Department of Transportation must include in the 5-year work
8118 program transportation projects or project phases, in an amount
8119 equal to the funds received, to mitigate the traffic impacts
8120 associated with the proposed project.
8121 (14)(a) Challenges to state agency action in the expedited
8122 permitting process for projects processed under this section are
8123 subject to the summary hearing provisions of s. 120.574, except
8124 that the administrative law judge’s decision, as provided in s.
8125 120.574(2)(f), shall be in the form of a recommended order and
8126 shall not constitute the final action of the state agency. In
8127 those proceedings where the action of only one agency of the
8128 state other than the Department of Environmental Protection is
8129 challenged, the agency of the state shall issue the final order
8130 within 45 working days after receipt of the administrative law
8131 judge’s recommended order, and the recommended order shall
8132 inform the parties of their right to file exceptions or
8133 responses to the recommended order in accordance with the
8134 uniform rules of procedure pursuant to s. 120.54. In those
8135 proceedings where the actions of more than one agency of the
8136 state are challenged, the Governor shall issue the final order
8137 within 45 working days after receipt of the administrative law
8138 judge’s recommended order, and the recommended order shall
8139 inform the parties of their right to file exceptions or
8140 responses to the recommended order in accordance with the
8141 uniform rules of procedure pursuant to s. 120.54. This paragraph
8142 does not apply to the issuance of department licenses required
8143 under any federally delegated or approved permit program. In
8144 such instances, the department shall enter the final order. The
8145 participating agencies of the state may opt at the preliminary
8146 hearing conference to allow the administrative law judge’s
8147 decision to constitute the final agency action. If a
8148 participating local government agrees to participate in the
8149 summary hearing provisions of s. 120.574 for purposes of review
8150 of local government comprehensive plan amendments, s.
8151 163.3184(9) and (10) apply.
8152 Section 64. Subsections (9) and (10) of section 420.5095,
8153 Florida Statutes, are amended to read:
8154 420.5095 Community Workforce Housing Innovation Pilot
8155 Program.—
8156 (9) Notwithstanding s. 163.3184(3)-(6), any local
8157 government comprehensive plan amendment to implement a Community
8158 Workforce Housing Innovation Pilot Program project found
8159 consistent with the provisions of this section shall be
8160 expedited as provided in this subsection. At least 30 days prior
8161 to adopting a plan amendment under this subsection, the local
8162 government shall notify the state land planning agency of its
8163 intent to adopt such an amendment, and the notice shall include
8164 its evaluation related to site suitability and availability of
8165 facilities and services. The public notice of the hearing
8166 required by s. 163.3184(11)(15)(b)2. shall include a statement
8167 that the local government intends to use the expedited adoption
8168 process authorized by this subsection. Such amendments shall
8169 require only a single public hearing before the governing board,
8170 which shall be an adoption hearing as described in s.
8171 163.3184(6)(7). The state land planning agency shall issue its
8172 notice of intent pursuant to s. 163.3184(8) within 30 days after
8173 determining that the amendment package is complete. Any further
8174 proceedings shall be governed by s. ss. 163.3184(9)-(16).
8175 Amendments proposed under this section are not subject to s.
8176 163.3187(1), which limits the adoption of a comprehensive plan
8177 amendment to no more than two times during any calendar year.
8178 (10) The processing of approvals of development orders or
8179 development permits, as defined in s. 163.3164(7) and (8), for
8180 innovative community workforce housing projects shall be
8181 expedited.
8182 Section 65. Subsection (5) of section 420.615, Florida
8183 Statutes, is amended to read:
8184 420.615 Affordable housing land donation density bonus
8185 incentives.—
8186 (5) The local government, as part of the approval process,
8187 shall adopt a comprehensive plan amendment, pursuant to part II
8188 of chapter 163, for the receiving land that incorporates the
8189 density bonus. Such amendment shall be adopted in the manner as
8190 required for small-scale amendments pursuant to s. 163.3187, is
8191 not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8192 and is exempt from the limitation on the frequency of plan
8193 amendments as provided in s. 163.3187.
8194 Section 66. Subsection (16) of section 420.9071, Florida
8195 Statutes, is amended to read:
8196 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
8197 term:
8198 (16) “Local housing incentive strategies” means local
8199 regulatory reform or incentive programs to encourage or
8200 facilitate affordable housing production, which include at a
8201 minimum, assurance that permits as defined in s. 163.3164(7) and
8202 (8) for affordable housing projects are expedited to a greater
8203 degree than other projects; an ongoing process for review of
8204 local policies, ordinances, regulations, and plan provisions
8205 that increase the cost of housing prior to their adoption; and a
8206 schedule for implementing the incentive strategies. Local
8207 housing incentive strategies may also include other regulatory
8208 reforms, such as those enumerated in s. 420.9076 or those
8209 recommended by the affordable housing advisory committee in its
8210 triennial evaluation of the implementation of affordable housing
8211 incentives, and adopted by the local governing body.
8212 Section 67. Paragraph (a) of subsection (4) of section
8213 420.9076, Florida Statutes, is amended to read:
8214 420.9076 Adoption of affordable housing incentive
8215 strategies; committees.—
8216 (4) Triennially, the advisory committee shall review the
8217 established policies and procedures, ordinances, land
8218 development regulations, and adopted local government
8219 comprehensive plan of the appointing local government and shall
8220 recommend specific actions or initiatives to encourage or
8221 facilitate affordable housing while protecting the ability of
8222 the property to appreciate in value. The recommendations may
8223 include the modification or repeal of existing policies,
8224 procedures, ordinances, regulations, or plan provisions; the
8225 creation of exceptions applicable to affordable housing; or the
8226 adoption of new policies, procedures, regulations, ordinances,
8227 or plan provisions, including recommendations to amend the local
8228 government comprehensive plan and corresponding regulations,
8229 ordinances, and other policies. At a minimum, each advisory
8230 committee shall submit a report to the local governing body that
8231 includes recommendations on, and triennially thereafter
8232 evaluates the implementation of, affordable housing incentives
8233 in the following areas:
8234 (a) The processing of approvals of development orders or
8235 permits, as defined in s. 163.3164(7) and (8), for affordable
8236 housing projects is expedited to a greater degree than other
8237 projects.
8238
8239 The advisory committee recommendations may also include other
8240 affordable housing incentives identified by the advisory
8241 committee. Local governments that receive the minimum allocation
8242 under the State Housing Initiatives Partnership Program shall
8243 perform the initial review but may elect to not perform the
8244 triennial review.
8245 Section 68. Subsection (1) of section 720.403, Florida
8246 Statutes, is amended to read:
8247 720.403 Preservation of residential communities; revival of
8248 declaration of covenants.—
8249 (1) Consistent with required and optional elements of local
8250 comprehensive plans and other applicable provisions of the
8251 Community Local Government Comprehensive Planning and Land
8252 Development Regulation Act, homeowners are encouraged to
8253 preserve existing residential communities, promote available and
8254 affordable housing, protect structural and aesthetic elements of
8255 their residential community, and, as applicable, maintain roads
8256 and streets, easements, water and sewer systems, utilities,
8257 drainage improvements, conservation and open areas, recreational
8258 amenities, and other infrastructure and common areas that serve
8259 and support the residential community by the revival of a
8260 previous declaration of covenants and other governing documents
8261 that may have ceased to govern some or all parcels in the
8262 community.
8263 Section 69. Subsection (6) of section 1013.30, Florida
8264 Statutes, is amended to read:
8265 1013.30 University campus master plans and campus
8266 development agreements.—
8267 (6) Before a campus master plan is adopted, a copy of the
8268 draft master plan must be sent for review or made available
8269 electronically to the host and any affected local governments,
8270 the state land planning agency, the Department of Environmental
8271 Protection, the Department of Transportation, the Department of
8272 State, the Fish and Wildlife Conservation Commission, and the
8273 applicable water management district and regional planning
8274 council. At the request of a governmental entity, a hard copy of
8275 the draft master plan shall be submitted within 7 business days
8276 of an electronic copy being made available. These agencies must
8277 be given 90 days after receipt of the campus master plans in
8278 which to conduct their review and provide comments to the
8279 university board of trustees. The commencement of this review
8280 period must be advertised in newspapers of general circulation
8281 within the host local government and any affected local
8282 government to allow for public comment. Following receipt and
8283 consideration of all comments and the holding of an informal
8284 information session and at least two public hearings within the
8285 host jurisdiction, the university board of trustees shall adopt
8286 the campus master plan. It is the intent of the Legislature that
8287 the university board of trustees comply with the notice
8288 requirements set forth in s. 163.3184(11)(15) to ensure full
8289 public participation in this planning process. The informal
8290 public information session must be held before the first public
8291 hearing. The first public hearing shall be held before the draft
8292 master plan is sent to the agencies specified in this
8293 subsection. The second public hearing shall be held in
8294 conjunction with the adoption of the draft master plan by the
8295 university board of trustees. Campus master plans developed
8296 under this section are not rules and are not subject to chapter
8297 120 except as otherwise provided in this section.
8298 Section 70. Subsections (3), (7), and (8) of section
8299 1013.33, Florida Statutes, are amended to read:
8300 1013.33 Coordination of planning with local governing
8301 bodies.—
8302 (3) At a minimum, the interlocal agreement must address
8303 interlocal agreement requirements in s. 163.31777 and, if
8304 applicable, s. 163.3180(6)(13)(g), except for exempt local
8305 governments as provided in s. 163.3177(12), and must address the
8306 following issues:
8307 (a) A process by which each local government and the
8308 district school board agree and base their plans on consistent
8309 projections of the amount, type, and distribution of population
8310 growth and student enrollment. The geographic distribution of
8311 jurisdiction-wide growth forecasts is a major objective of the
8312 process.
8313 (b) A process to coordinate and share information relating
8314 to existing and planned public school facilities, including
8315 school renovations and closures, and local government plans for
8316 development and redevelopment.
8317 (c) Participation by affected local governments with the
8318 district school board in the process of evaluating potential
8319 school closures, significant renovations to existing schools,
8320 and new school site selection before land acquisition. Local
8321 governments shall advise the district school board as to the
8322 consistency of the proposed closure, renovation, or new site
8323 with the local comprehensive plan, including appropriate
8324 circumstances and criteria under which a district school board
8325 may request an amendment to the comprehensive plan for school
8326 siting.
8327 (d) A process for determining the need for and timing of
8328 onsite and offsite improvements to support new construction,
8329 proposed expansion, or redevelopment of existing schools. The
8330 process shall address identification of the party or parties
8331 responsible for the improvements.
8332 (e) A process for the school board to inform the local
8333 government regarding the effect of comprehensive plan amendments
8334 on school capacity. The capacity reporting must be consistent
8335 with laws and rules regarding measurement of school facility
8336 capacity and must also identify how the district school board
8337 will meet the public school demand based on the facilities work
8338 program adopted pursuant to s. 1013.35.
8339 (f) Participation of the local governments in the
8340 preparation of the annual update to the school board’s 5-year
8341 district facilities work program and educational plant survey
8342 prepared pursuant to s. 1013.35.
8343 (g) A process for determining where and how joint use of
8344 either school board or local government facilities can be shared
8345 for mutual benefit and efficiency.
8346 (h) A procedure for the resolution of disputes between the
8347 district school board and local governments, which may include
8348 the dispute resolution processes contained in chapters 164 and
8349 186.
8350 (i) An oversight process, including an opportunity for
8351 public participation, for the implementation of the interlocal
8352 agreement.
8353 (7) Except as provided in subsection (8), municipalities
8354 meeting the exemption criteria in s. 163.3177(12) are exempt
8355 from the requirements of subsections (2), (3), and (4).
8356 (8) At the time of the evaluation and appraisal report,
8357 each exempt municipality shall assess the extent to which it
8358 continues to meet the criteria for exemption under s.
8359 163.3177(12). If the municipality continues to meet these
8360 criteria, the municipality shall continue to be exempt from the
8361 interlocal agreement requirement. Each municipality exempt under
8362 s. 163.3177(12) must comply with the provisions of subsections
8363 (2)-(8) within 1 year after the district school board proposes,
8364 in its 5-year district facilities work program, a new school
8365 within the municipality’s jurisdiction.
8366 Section 71. Rules 9J-5 and 9J-11.023, Florida
8367 Administrative Code, are repealed, and the Department of State
8368 is directed to remove those rules from the Florida
8369 Administrative Code.
8370 Section 72. Any permit or any other authorization that was
8371 extended under section 14, chapter 2009-96, Laws of Florida, as
8372 reauthorized by section 47, chapter 2010-147, Laws of Florida,
8373 is extended and renewed for an additional period of 2 years from
8374 its extended expiration date. The holder of a valid permit or
8375 other authorization that is eligible for the additional 22-year
8376 extension must notify the authorizing agency in writing by
8377 December 31, 2011, identifying the specific authorization for
8378 which the holder intends to use the extension and the
8379 anticipated timeframe for acting on the authorization.
8380 Section 73. The Legislature finds that this act fulfills an
8381 important state interest.
8382 Section 74. (1) The state land planning agency, within 60
8383 days after the effective date of this act, shall review any
8384 administrative or judicial proceeding filed by the agency and
8385 pending on the effective date of this act to determine whether
8386 the issues raised by the state land planning agency are
8387 consistent with the revised provisions of part II of chapter
8388 163, Florida Statutes. For each proceeding, if the agency
8389 determines that issues have been raised that are not consistent
8390 with the revised provisions of part II of chapter 163, Florida
8391 Statutes, the agency shall dismiss the proceeding. If the state
8392 land planning agency determines that one or more issues have
8393 been raised that are consistent with the revised provisions of
8394 part II of chapter 163, Florida Statutes, the agency shall amend
8395 its petition within 30 days after the determination to plead
8396 with particularity as to the manner in which the plan or plan
8397 amendment fails to meet the revised provisions of part II of
8398 chapter 163, Florida Statutes. If the agency fails to timely
8399 file such amended petition, the proceeding shall be dismissed.
8400 (2) In all proceedings that were initiated by the state
8401 land planning agency before the effective date of this act, and
8402 continue after that date, the local government’s determination
8403 that the comprehensive plan or plan amendment is in compliance
8404 is presumed to be correct, and the local government’s
8405 determination shall be sustained unless it is shown by a
8406 preponderance of the evidence that the comprehensive plan or
8407 plan amendment is not in compliance.
8408 Section 75. In accordance with s. 1.04, Florida Statutes,
8409 the provisions of law amended by this act shall be construed in
8410 pari materia with the provisions of law reenacted by Senate Bill
8411 174 or HB 7001, 2011 Regular Session, whichever becomes law, and
8412 incorporated therein. In addition, if any law amended by this
8413 act is also amended by any other law enacted at the same
8414 legislative session or an extension thereof which becomes law,
8415 full effect shall be given to each if possible.
8416 Section 76. The Division of Statutory Revision is directed
8417 to replace the phrase “the effective date of this act” wherever
8418 it occurs in this act with the date this act becomes a law. The
8419 Division of Statutory revision is further directed to replace
8420 all references to s. 163.3184, Florida Statutes, with s.
8421 163.32465, Florida Statutes, except for provisions related
8422 specifically to plan amendments that propose a rural land
8423 stewardship area pursuant to s. 163.3177(11)(d), Florida
8424 Statutes; propose an optional sector plan; update a
8425 comprehensive plan based on an evaluation and appraisal report;
8426 new plans for newly incorporated municipalities are subject to
8427 state review as set forth in s. 163.3184, Florida Statutes; or
8428 are in an area of critical state concern designated pursuant to
8429 s. 380.05, Florida Statutes.
8430 Section 77. The reenactment of s. 163.31801(5), Florida
8431 Statutes, in section 16 of this act shall take effect upon this
8432 act becoming a law, and shall operate retroactively to July 1,
8433 2009. If such retroactive application is held by a court of last
8434 resort to be unconstitutional, this act shall apply
8435 prospectively from the date that this act becomes a law.
8436 Section 78. Except as otherwise expressly provided in this
8437 act and except for this section, which shall take effect upon
8438 this act becoming a law, this act shall take effect July 1,
8439 2011.