Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/HB 7129, 2nd Eng.
       
       
       
       
       
       
                                Barcode 195750                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             05/06/2011 01:27 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (26) of section 70.51, Florida
    6  Statutes, is amended to read:
    7         70.51 Land use and environmental dispute resolution.—
    8         (26) A special magistrate’s recommendation under this
    9  section constitutes data in support of, and a support document
   10  for, a comprehensive plan or comprehensive plan amendment, but
   11  is not, in and of itself, dispositive of a determination of
   12  compliance with chapter 163. Any comprehensive plan amendment
   13  necessary to carry out the approved recommendation of a special
   14  magistrate under this section is exempt from the twice-a-year
   15  limit on plan amendments and may be adopted by the local
   16  government amendments in s. 163.3184(16)(d).
   17         Section 2. Paragraphs (h) through (l) of subsection (3) of
   18  section 163.06, Florida Statutes, are redesignated as paragraphs
   19  (g) through (k), respectively, and present paragraph (g) of that
   20  subsection is amended to read:
   21         163.06 Miami River Commission.—
   22         (3) The policy committee shall have the following powers
   23  and duties:
   24         (g) Coordinate a joint planning area agreement between the
   25  Department of Community Affairs, the city, and the county under
   26  the provisions of s. 163.3177(11)(a), (b), and (c).
   27         Section 3. Subsection (4) of section 163.2517, Florida
   28  Statutes, is amended to read:
   29         163.2517 Designation of urban infill and redevelopment
   30  area.—
   31         (4) In order for a local government to designate an urban
   32  infill and redevelopment area, it must amend its comprehensive
   33  land use plan under s. 163.3187 to delineate the boundaries of
   34  the urban infill and redevelopment area within the future land
   35  use element of its comprehensive plan pursuant to its adopted
   36  urban infill and redevelopment plan. The state land planning
   37  agency shall review the boundary delineation of the urban infill
   38  and redevelopment area in the future land use element under s.
   39  163.3184. However, an urban infill and redevelopment plan
   40  adopted by a local government is not subject to review for
   41  compliance as defined by s. 163.3184(1)(b), and the local
   42  government is not required to adopt the plan as a comprehensive
   43  plan amendment. An amendment to the local comprehensive plan to
   44  designate an urban infill and redevelopment area is exempt from
   45  the twice-a-year amendment limitation of s. 163.3187.
   46         Section 4. Section 163.3161, Florida Statutes, is amended
   47  to read:
   48         163.3161 Short title; intent and purpose.—
   49         (1) This part shall be known and may be cited as the
   50  “Community Local Government Comprehensive Planning and Land
   51  Development Regulation Act.”
   52         (2) In conformity with, and in furtherance of, the purpose
   53  of the Florida Environmental Land and Water Management Act of
   54  1972, chapter 380, It is the purpose of this act to utilize and
   55  strengthen the existing role, processes, and powers of local
   56  governments in the establishment and implementation of
   57  comprehensive planning programs to guide and manage control
   58  future development consistent with the proper role of local
   59  government.
   60         (3) It is the intent of this act to focus the state role in
   61  managing growth under this act to protecting the functions of
   62  important state resources and facilities.
   63         (4) It is the intent of this act that the ability of its
   64  adoption is necessary so that local governments to can preserve
   65  and enhance present advantages; encourage the most appropriate
   66  use of land, water, and resources, consistent with the public
   67  interest; overcome present handicaps; and deal effectively with
   68  future problems that may result from the use and development of
   69  land within their jurisdictions. Through the process of
   70  comprehensive planning, it is intended that units of local
   71  government can preserve, promote, protect, and improve the
   72  public health, safety, comfort, good order, appearance,
   73  convenience, law enforcement and fire prevention, and general
   74  welfare; prevent the overcrowding of land and avoid undue
   75  concentration of population; facilitate the adequate and
   76  efficient provision of transportation, water, sewerage, schools,
   77  parks, recreational facilities, housing, and other requirements
   78  and services; and conserve, develop, utilize, and protect
   79  natural resources within their jurisdictions.
   80         (5)(4) It is the intent of this act to encourage and ensure
   81  assure cooperation between and among municipalities and counties
   82  and to encourage and assure coordination of planning and
   83  development activities of units of local government with the
   84  planning activities of regional agencies and state government in
   85  accord with applicable provisions of law.
   86         (6)(5) It is the intent of this act that adopted
   87  comprehensive plans shall have the legal status set out in this
   88  act and that no public or private development shall be permitted
   89  except in conformity with comprehensive plans, or elements or
   90  portions thereof, prepared and adopted in conformity with this
   91  act.
   92         (7)(6) It is the intent of this act that the activities of
   93  units of local government in the preparation and adoption of
   94  comprehensive plans, or elements or portions therefor, shall be
   95  conducted in conformity with the provisions of this act.
   96         (8)(7) The provisions of this act in their interpretation
   97  and application are declared to be the minimum requirements
   98  necessary to accomplish the stated intent, purposes, and
   99  objectives of this act; to protect human, environmental, social,
  100  and economic resources; and to maintain, through orderly growth
  101  and development, the character and stability of present and
  102  future land use and development in this state.
  103         (9)(8) It is the intent of the Legislature that the repeal
  104  of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
  105  of Florida, and amendments to this part by this chapter law,
  106  shall not be interpreted to limit or restrict the powers of
  107  municipal or county officials, but shall be interpreted as a
  108  recognition of their broad statutory and constitutional powers
  109  to plan for and regulate the use of land. It is, further, the
  110  intent of the Legislature to reconfirm that ss. 163.3161-
  111  163.3248 163.3161 through 163.3215 have provided and do provide
  112  the necessary statutory direction and basis for municipal and
  113  county officials to carry out their comprehensive planning and
  114  land development regulation powers, duties, and
  115  responsibilities.
  116         (10)(9) It is the intent of the Legislature that all
  117  governmental entities in this state recognize and respect
  118  judicially acknowledged or constitutionally protected private
  119  property rights. It is the intent of the Legislature that all
  120  rules, ordinances, regulations, comprehensive plans and
  121  amendments thereto, and programs adopted under the authority of
  122  this act must be developed, promulgated, implemented, and
  123  applied with sensitivity for private property rights and not be
  124  unduly restrictive, and property owners must be free from
  125  actions by others which would harm their property or which would
  126  constitute an inordinate burden on property rights as those
  127  terms are defined in s. 70.001(3)(e) and (f). Full and just
  128  compensation or other appropriate relief must be provided to any
  129  property owner for a governmental action that is determined to
  130  be an invalid exercise of the police power which constitutes a
  131  taking, as provided by law. Any such relief must ultimately be
  132  determined in a judicial action.
  133         (11) It is the intent of this part that the traditional
  134  economic base of this state, agriculture, tourism, and military
  135  presence, be recognized and protected. Further, it is the intent
  136  of this part to encourage economic diversification, workforce
  137  development, and community planning.
  138         (12) It is the intent of this part that new statutory
  139  requirements created by the Legislature will not require a local
  140  government whose plan has been found to be in compliance with
  141  this part to adopt amendments implementing the new statutory
  142  requirements until the evaluation and appraisal period provided
  143  in s. 163.3191, unless otherwise specified in law. However, any
  144  new amendments must comply with the requirements of this part.
  145         Section 5. Subsections (2) through (5) of section 163.3162,
  146  Florida Statutes, are renumbered as subsections (1) through (4),
  147  respectively, and present subsections (1) and (5) of that
  148  section are amended to read:
  149         163.3162 Agricultural Lands and Practices Act.—
  150         (1) SHORT TITLE.—This section may be cited as the
  151  “Agricultural Lands and Practices Act.”
  152         (4)(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.
  153  The owner of a parcel of land defined as an agricultural enclave
  154  under s. 163.3164(33) may apply for an amendment to the local
  155  government comprehensive plan pursuant to s. 163.3184 163.3187.
  156  Such amendment is presumed not to be urban sprawl as defined in
  157  s. 163.3164 if it includes consistent with rule 9J-5.006(5),
  158  Florida Administrative Code, and may include land uses and
  159  intensities of use that are consistent with the uses and
  160  intensities of use of the industrial, commercial, or residential
  161  areas that surround the parcel. This presumption may be rebutted
  162  by clear and convincing evidence. Each application for a
  163  comprehensive plan amendment under this subsection for a parcel
  164  larger than 640 acres must include appropriate new urbanism
  165  concepts such as clustering, mixed-use development, the creation
  166  of rural village and city centers, and the transfer of
  167  development rights in order to discourage urban sprawl while
  168  protecting landowner rights.
  169         (a) The local government and the owner of a parcel of land
  170  that is the subject of an application for an amendment shall
  171  have 180 days following the date that the local government
  172  receives a complete application to negotiate in good faith to
  173  reach consensus on the land uses and intensities of use that are
  174  consistent with the uses and intensities of use of the
  175  industrial, commercial, or residential areas that surround the
  176  parcel. Within 30 days after the local government’s receipt of
  177  such an application, the local government and owner must agree
  178  in writing to a schedule for information submittal, public
  179  hearings, negotiations, and final action on the amendment, which
  180  schedule may thereafter be altered only with the written consent
  181  of the local government and the owner. Compliance with the
  182  schedule in the written agreement constitutes good faith
  183  negotiations for purposes of paragraph (c).
  184         (b) Upon conclusion of good faith negotiations under
  185  paragraph (a), regardless of whether the local government and
  186  owner reach consensus on the land uses and intensities of use
  187  that are consistent with the uses and intensities of use of the
  188  industrial, commercial, or residential areas that surround the
  189  parcel, the amendment must be transmitted to the state land
  190  planning agency for review pursuant to s. 163.3184. If the local
  191  government fails to transmit the amendment within 180 days after
  192  receipt of a complete application, the amendment must be
  193  immediately transferred to the state land planning agency for
  194  such review at the first available transmittal cycle. A plan
  195  amendment transmitted to the state land planning agency
  196  submitted under this subsection is presumed not to be urban
  197  sprawl as defined in s. 163.3164 consistent with rule 9J
  198  5.006(5), Florida Administrative Code. This presumption may be
  199  rebutted by clear and convincing evidence.
  200         (c) If the owner fails to negotiate in good faith, a plan
  201  amendment submitted under this subsection is not entitled to the
  202  rebuttable presumption under this subsection in the negotiation
  203  and amendment process.
  204         (d) Nothing within this subsection relating to agricultural
  205  enclaves shall preempt or replace any protection currently
  206  existing for any property located within the boundaries of the
  207  following areas:
  208         1. The Wekiva Study Area, as described in s. 369.316; or
  209         2. The Everglades Protection Area, as defined in s.
  210  373.4592(2).
  211         Section 6. Section 163.3164, Florida Statutes, is amended
  212  to read:
  213         163.3164 Community Local Government Comprehensive Planning
  214  and Land Development Regulation Act; definitions.—As used in
  215  this act:
  216         (1)“Adaptation action area” or “adaptation area” means a
  217  designation in the coastal management element of a local
  218  government’s comprehensive plan which identifies one or more
  219  areas that experience coastal flooding due to extreme high tides
  220  and storm surge, and that are vulnerable to the related impacts
  221  of rising sea levels for the purpose of prioritizing funding for
  222  infrastructure needs and adaptation planning.
  223         (2)“Administration Commission” means the Governor and the
  224  Cabinet, and for purposes of this chapter the commission shall
  225  act on a simple majority vote, except that for purposes of
  226  imposing the sanctions provided in s. 163.3184(8)(11),
  227  affirmative action shall require the approval of the Governor
  228  and at least three other members of the commission.
  229         (3) “Affordable housing” has the same meaning as in s.
  230  420.0004(3).
  231         (4)(33) “Agricultural enclave” means an unincorporated,
  232  undeveloped parcel that:
  233         (a) Is owned by a single person or entity;
  234         (b) Has been in continuous use for bona fide agricultural
  235  purposes, as defined by s. 193.461, for a period of 5 years
  236  prior to the date of any comprehensive plan amendment
  237  application;
  238         (c) Is surrounded on at least 75 percent of its perimeter
  239  by:
  240         1. Property that has existing industrial, commercial, or
  241  residential development; or
  242         2. Property that the local government has designated, in
  243  the local government’s comprehensive plan, zoning map, and
  244  future land use map, as land that is to be developed for
  245  industrial, commercial, or residential purposes, and at least 75
  246  percent of such property is existing industrial, commercial, or
  247  residential development;
  248         (d) Has public services, including water, wastewater,
  249  transportation, schools, and recreation facilities, available or
  250  such public services are scheduled in the capital improvement
  251  element to be provided by the local government or can be
  252  provided by an alternative provider of local government
  253  infrastructure in order to ensure consistency with applicable
  254  concurrency provisions of s. 163.3180; and
  255         (e) Does not exceed 1,280 acres; however, if the property
  256  is surrounded by existing or authorized residential development
  257  that will result in a density at buildout of at least 1,000
  258  residents per square mile, then the area shall be determined to
  259  be urban and the parcel may not exceed 4,480 acres.
  260         (5) “Antiquated subdivision” means a subdivision that was
  261  recorded or approved more than 20 years ago and that has
  262  substantially failed to be built and the continued buildout of
  263  the subdivision in accordance with the subdivision’s zoning and
  264  land use purposes would cause an imbalance of land uses and
  265  would be detrimental to the local and regional economies and
  266  environment, hinder current planning practices, and lead to
  267  inefficient and fiscally irresponsible development patterns as
  268  determined by the respective jurisdiction in which the
  269  subdivision is located.
  270         (6)(2) “Area” or “area of jurisdiction” means the total
  271  area qualifying under the provisions of this act, whether this
  272  be all of the lands lying within the limits of an incorporated
  273  municipality, lands in and adjacent to incorporated
  274  municipalities, all unincorporated lands within a county, or
  275  areas comprising combinations of the lands in incorporated
  276  municipalities and unincorporated areas of counties.
  277         (7) “Capital improvement” means physical assets constructed
  278  or purchased to provide, improve, or replace a public facility
  279  and which are typically large scale and high in cost. The cost
  280  of a capital improvement is generally nonrecurring and may
  281  require multiyear financing. For the purposes of this part,
  282  physical assets that have been identified as existing or
  283  projected needs in the individual comprehensive plan elements
  284  shall be considered capital improvements.
  285         (8)(3) “Coastal area” means the 35 coastal counties and all
  286  coastal municipalities within their boundaries designated
  287  coastal by the state land planning agency.
  288         (9) “Compatibility” means a condition in which land uses or
  289  conditions can coexist in relative proximity to each other in a
  290  stable fashion over time such that no use or condition is unduly
  291  negatively impacted directly or indirectly by another use or
  292  condition.
  293         (10)(4) “Comprehensive plan” means a plan that meets the
  294  requirements of ss. 163.3177 and 163.3178.
  295         (11) “Deepwater ports” means the ports identified in s.
  296  403.021(9).
  297         (12) “Density” means an objective measurement of the number
  298  of people or residential units allowed per unit of land, such as
  299  residents or employees per acre.
  300         (13)(5) “Developer” means any person, including a
  301  governmental agency, undertaking any development as defined in
  302  this act.
  303         (14)(6) “Development” has the same meaning as given it in
  304  s. 380.04.
  305         (15)(7) “Development order” means any order granting,
  306  denying, or granting with conditions an application for a
  307  development permit.
  308         (16)(8) “Development permit” includes any building permit,
  309  zoning permit, subdivision approval, rezoning, certification,
  310  special exception, variance, or any other official action of
  311  local government having the effect of permitting the development
  312  of land.
  313         (17)(25) “Downtown revitalization” means the physical and
  314  economic renewal of a central business district of a community
  315  as designated by local government, and includes both downtown
  316  development and redevelopment.
  317         (18) “Floodprone areas” means areas inundated during a 100
  318  year flood event or areas identified by the National Flood
  319  Insurance Program as an A Zone on flood insurance rate maps or
  320  flood hazard boundary maps.
  321         (19) “Goal” means the long-term end toward which programs
  322  or activities are ultimately directed.
  323         (20)(9) “Governing body” means the board of county
  324  commissioners of a county, the commission or council of an
  325  incorporated municipality, or any other chief governing body of
  326  a unit of local government, however designated, or the
  327  combination of such bodies where joint utilization of the
  328  provisions of this act is accomplished as provided herein.
  329         (21)(10) “Governmental agency” means:
  330         (a) The United States or any department, commission,
  331  agency, or other instrumentality thereof.
  332         (b) This state or any department, commission, agency, or
  333  other instrumentality thereof.
  334         (c) Any local government, as defined in this section, or
  335  any department, commission, agency, or other instrumentality
  336  thereof.
  337         (d) Any school board or other special district, authority,
  338  or governmental entity.
  339         (22) “Intensity” means an objective measurement of the
  340  extent to which land may be developed or used, including the
  341  consumption or use of the space above, on, or below ground; the
  342  measurement of the use of or demand on natural resources; and
  343  the measurement of the use of or demand on facilities and
  344  services.
  345         (23) “Internal trip capture” means trips generated by a
  346  mixed-use project that travel from one on-site land use to
  347  another on-site land use without using the external road
  348  network.
  349         (24)(11) “Land” means the earth, water, and air, above,
  350  below, or on the surface, and includes any improvements or
  351  structures customarily regarded as land.
  352         (25)(22) “Land development regulation commission” means a
  353  commission designated by a local government to develop and
  354  recommend, to the local governing body, land development
  355  regulations which implement the adopted comprehensive plan and
  356  to review land development regulations, or amendments thereto,
  357  for consistency with the adopted plan and report to the
  358  governing body regarding its findings. The responsibilities of
  359  the land development regulation commission may be performed by
  360  the local planning agency.
  361         (26)(23) “Land development regulations” means ordinances
  362  enacted by governing bodies for the regulation of any aspect of
  363  development and includes any local government zoning, rezoning,
  364  subdivision, building construction, or sign regulations or any
  365  other regulations controlling the development of land, except
  366  that this definition does shall not apply in s. 163.3213.
  367         (27)(12) “Land use” means the development that has occurred
  368  on the land, the development that is proposed by a developer on
  369  the land, or the use that is permitted or permissible on the
  370  land under an adopted comprehensive plan or element or portion
  371  thereof, land development regulations, or a land development
  372  code, as the context may indicate.
  373         (28) “Level of service” means an indicator of the extent or
  374  degree of service provided by, or proposed to be provided by, a
  375  facility based on and related to the operational characteristics
  376  of the facility. Level of service shall indicate the capacity
  377  per unit of demand for each public facility.
  378         (29)(13) “Local government” means any county or
  379  municipality.
  380         (30)(14) “Local planning agency” means the agency
  381  designated to prepare the comprehensive plan or plan amendments
  382  required by this act.
  383         (31)(15)A “Newspaper of general circulation” means a
  384  newspaper published at least on a weekly basis and printed in
  385  the language most commonly spoken in the area within which it
  386  circulates, but does not include a newspaper intended primarily
  387  for members of a particular professional or occupational group,
  388  a newspaper whose primary function is to carry legal notices, or
  389  a newspaper that is given away primarily to distribute
  390  advertising.
  391         (32) “New town” means an urban activity center and
  392  community designated on the future land use map of sufficient
  393  size, population and land use composition to support a variety
  394  of economic and social activities consistent with an urban area
  395  designation. New towns shall include basic economic activities;
  396  all major land use categories, with the possible exception of
  397  agricultural and industrial; and a centrally provided full range
  398  of public facilities and services that demonstrate internal trip
  399  capture. A new town shall be based on a master development plan.
  400         (33) “Objective” means a specific, measurable, intermediate
  401  end that is achievable and marks progress toward a goal.
  402         (34)(16) “Parcel of land” means any quantity of land
  403  capable of being described with such definiteness that its
  404  locations and boundaries may be established, which is designated
  405  by its owner or developer as land to be used, or developed as, a
  406  unit or which has been used or developed as a unit.
  407         (35)(17) “Person” means an individual, corporation,
  408  governmental agency, business trust, estate, trust, partnership,
  409  association, two or more persons having a joint or common
  410  interest, or any other legal entity.
  411         (36) “Policy” means the way in which programs and
  412  activities are conducted to achieve an identified goal.
  413         (37)(28) “Projects that promote public transportation”
  414  means projects that directly affect the provisions of public
  415  transit, including transit terminals, transit lines and routes,
  416  separate lanes for the exclusive use of public transit services,
  417  transit stops (shelters and stations), office buildings or
  418  projects that include fixed-rail or transit terminals as part of
  419  the building, and projects which are transit oriented and
  420  designed to complement reasonably proximate planned or existing
  421  public facilities.
  422         (38)(24) “Public facilities” means major capital
  423  improvements, including, but not limited to, transportation,
  424  sanitary sewer, solid waste, drainage, potable water,
  425  educational, parks and recreational, and health systems and
  426  facilities, and spoil disposal sites for maintenance dredging
  427  located in the intracoastal waterways, except for spoil disposal
  428  sites owned or used by ports listed in s. 403.021(9)(b).
  429         (39)(18) “Public notice” means notice as required by s.
  430  125.66(2) for a county or by s. 166.041(3)(a) for a
  431  municipality. The public notice procedures required in this part
  432  are established as minimum public notice procedures.
  433         (40)(19) “Regional planning agency” means the council
  434  created pursuant to chapter 186 agency designated by the state
  435  land planning agency to exercise responsibilities under law in a
  436  particular region of the state.
  437         (41) “Seasonal population” means part-time inhabitants who
  438  use, or may be expected to use, public facilities or services,
  439  but are not residents and includes tourists, migrant
  440  farmworkers, and other short-term and long-term visitors.
  441         (42)(31) “Optional Sector plan” means the an optional
  442  process authorized by s. 163.3245 in which one or more local
  443  governments engage in long-term planning for a large area and by
  444  agreement with the state land planning agency are allowed to
  445  address regional development-of-regional-impact issues through
  446  adoption of detailed specific area plans within the planning
  447  area within certain designated geographic areas identified in
  448  the local comprehensive plan as a means of fostering innovative
  449  planning and development strategies in s. 163.3177(11)(a) and
  450  (b), furthering the purposes of this part and part I of chapter
  451  380, reducing overlapping data and analysis requirements,
  452  protecting regionally significant resources and facilities, and
  453  addressing extrajurisdictional impacts. The term includes an
  454  optional sector plan that was adopted before the effective date
  455  of this act.
  456         (43)(20) “State land planning agency” means the Department
  457  of Community Affairs Department of Economic Opportunity.
  458         (44)(21) “Structure” has the same meaning as in given it by
  459  s. 380.031(19).
  460         (45) “Suitability” means the degree to which the existing
  461  characteristics and limitations of land and water are compatible
  462  with a proposed use or development.
  463         (46) “Transit-oriented development” means a project or
  464  projects, in areas identified in a local government
  465  comprehensive plan, that is or will be served by existing or
  466  planned transit service. These designated areas shall be
  467  compact, moderate to high density developments, of mixed-use
  468  character, interconnected with other land uses, bicycle and
  469  pedestrian friendly, and designed to support frequent transit
  470  service operating through, collectively or separately, rail,
  471  fixed guideway, streetcar, or bus systems on dedicated
  472  facilities or available roadway connections.
  473         (47)(30) “Transportation corridor management” means the
  474  coordination of the planning of designated future transportation
  475  corridors with land use planning within and adjacent to the
  476  corridor to promote orderly growth, to meet the concurrency
  477  requirements of this chapter, and to maintain the integrity of
  478  the corridor for transportation purposes.
  479         (48)(27) “Urban infill” means the development of vacant
  480  parcels in otherwise built-up areas where public facilities such
  481  as sewer systems, roads, schools, and recreation areas are
  482  already in place and the average residential density is at least
  483  five dwelling units per acre, the average nonresidential
  484  intensity is at least a floor area ratio of 1.0 and vacant,
  485  developable land does not constitute more than 10 percent of the
  486  area.
  487         (49)(26) “Urban redevelopment” means demolition and
  488  reconstruction or substantial renovation of existing buildings
  489  or infrastructure within urban infill areas, existing urban
  490  service areas, or community redevelopment areas created pursuant
  491  to part III.
  492         (50)(29) “Urban service area” means built-up areas
  493  identified in the comprehensive plan where public facilities and
  494  services, including, but not limited to, central water and sewer
  495  capacity and roads, are already in place or are identified in
  496  the capital improvements element. The term includes any areas
  497  identified in the comprehensive plan as urban service areas,
  498  regardless of local government limitation committed in the first
  499  3 years of the capital improvement schedule. In addition, for
  500  counties that qualify as dense urban land areas under subsection
  501  (34), the nonrural area of a county which has adopted into the
  502  county charter a rural area designation or areas identified in
  503  the comprehensive plan as urban service areas or urban growth
  504  boundaries on or before July 1, 2009, are also urban service
  505  areas under this definition.
  506         (51) “Urban sprawl” means a development pattern
  507  characterized by low density, automobile-dependent development
  508  with either a single use or multiple uses that are not
  509  functionally related, requiring the extension of public
  510  facilities and services in an inefficient manner, and failing to
  511  provide a clear separation between urban and rural uses.
  512         (32) “Financial feasibility” means that sufficient revenues
  513  are currently available or will be available from committed
  514  funding sources for the first 3 years, or will be available from
  515  committed or planned funding sources for years 4 and 5, of a 5
  516  year capital improvement schedule for financing capital
  517  improvements, such as ad valorem taxes, bonds, state and federal
  518  funds, tax revenues, impact fees, and developer contributions,
  519  which are adequate to fund the projected costs of the capital
  520  improvements identified in the comprehensive plan necessary to
  521  ensure that adopted level-of-service standards are achieved and
  522  maintained within the period covered by the 5-year schedule of
  523  capital improvements. A comprehensive plan shall be deemed
  524  financially feasible for transportation and school facilities
  525  throughout the planning period addressed by the capital
  526  improvements schedule if it can be demonstrated that the level
  527  of-service standards will be achieved and maintained by the end
  528  of the planning period even if in a particular year such
  529  improvements are not concurrent as required by s. 163.3180.
  530         (34) “Dense urban land area” means:
  531         (a) A municipality that has an average of at least 1,000
  532  people per square mile of land area and a minimum total
  533  population of at least 5,000;
  534         (b) A county, including the municipalities located therein,
  535  which has an average of at least 1,000 people per square mile of
  536  land area; or
  537         (c) A county, including the municipalities located therein,
  538  which has a population of at least 1 million.
  539  
  540  The Office of Economic and Demographic Research within the
  541  Legislature shall annually calculate the population and density
  542  criteria needed to determine which jurisdictions qualify as
  543  dense urban land areas by using the most recent land area data
  544  from the decennial census conducted by the Bureau of the Census
  545  of the United States Department of Commerce and the latest
  546  available population estimates determined pursuant to s.
  547  186.901. If any local government has had an annexation,
  548  contraction, or new incorporation, the Office of Economic and
  549  Demographic Research shall determine the population density
  550  using the new jurisdictional boundaries as recorded in
  551  accordance with s. 171.091. The Office of Economic and
  552  Demographic Research shall submit to the state land planning
  553  agency a list of jurisdictions that meet the total population
  554  and density criteria necessary for designation as a dense urban
  555  land area by July 1, 2009, and every year thereafter. The state
  556  land planning agency shall publish the list of jurisdictions on
  557  its Internet website within 7 days after the list is received.
  558  The designation of jurisdictions that qualify or do not qualify
  559  as a dense urban land area is effective upon publication on the
  560  state land planning agency’s Internet website.
  561         Section 7. Section 163.3167, Florida Statutes, is amended
  562  to read:
  563         163.3167 Scope of act.—
  564         (1) The several incorporated municipalities and counties
  565  shall have power and responsibility:
  566         (a) To plan for their future development and growth.
  567         (b) To adopt and amend comprehensive plans, or elements or
  568  portions thereof, to guide their future development and growth.
  569         (c) To implement adopted or amended comprehensive plans by
  570  the adoption of appropriate land development regulations or
  571  elements thereof.
  572         (d) To establish, support, and maintain administrative
  573  instruments and procedures to carry out the provisions and
  574  purposes of this act.
  575  
  576  The powers and authority set out in this act may be employed by
  577  municipalities and counties individually or jointly by mutual
  578  agreement in accord with the provisions of this act and in such
  579  combinations as their common interests may dictate and require.
  580         (2) Each local government shall maintain prepare a
  581  comprehensive plan of the type and in the manner set out in this
  582  part or prepare amendments to its existing comprehensive plan to
  583  conform it to the requirements of this part and in the manner
  584  set out in this part. In accordance with s. 163.3184, each local
  585  government shall submit to the state land planning agency its
  586  complete proposed comprehensive plan or its complete
  587  comprehensive plan as proposed to be amended.
  588         (3) When a local government has not prepared all of the
  589  required elements or has not amended its plan as required by
  590  subsection (2), the regional planning agency having
  591  responsibility for the area in which the local government lies
  592  shall prepare and adopt by rule, pursuant to chapter 120, the
  593  missing elements or adopt by rule amendments to the existing
  594  plan in accordance with this act by July 1, 1989, or within 1
  595  year after the dates specified or provided in subsection (2) and
  596  the state land planning agency review schedule, whichever is
  597  later. The regional planning agency shall provide at least 90
  598  days’ written notice to any local government whose plan it is
  599  required by this subsection to prepare, prior to initiating the
  600  planning process. At least 90 days before the adoption by the
  601  regional planning agency of a comprehensive plan, or element or
  602  portion thereof, pursuant to this subsection, the regional
  603  planning agency shall transmit a copy of the proposed
  604  comprehensive plan, or element or portion thereof, to the local
  605  government and the state land planning agency for written
  606  comment. The state land planning agency shall review and comment
  607  on such plan, or element or portion thereof, in accordance with
  608  s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
  609  applicable to the regional planning agency as if it were a
  610  governing body. Existing comprehensive plans shall remain in
  611  effect until they are amended pursuant to subsection (2), this
  612  subsection, s. 163.3187, or s. 163.3189.
  613         (3)(4) A municipality established after the effective date
  614  of this act shall, within 1 year after incorporation, establish
  615  a local planning agency, pursuant to s. 163.3174, and prepare
  616  and adopt a comprehensive plan of the type and in the manner set
  617  out in this act within 3 years after the date of such
  618  incorporation. A county comprehensive plan shall be deemed
  619  controlling until the municipality adopts a comprehensive plan
  620  in accord with the provisions of this act. If, upon the
  621  expiration of the 3-year time limit, the municipality has not
  622  adopted a comprehensive plan, the regional planning agency shall
  623  prepare and adopt a comprehensive plan for such municipality.
  624         (4)(5) Any comprehensive plan, or element or portion
  625  thereof, adopted pursuant to the provisions of this act, which
  626  but for its adoption after the deadlines established pursuant to
  627  previous versions of this act would have been valid, shall be
  628  valid.
  629         (6) When a regional planning agency is required to prepare
  630  or amend a comprehensive plan, or element or portion thereof,
  631  pursuant to subsections (3) and (4), the regional planning
  632  agency and the local government may agree to a method of
  633  compensating the regional planning agency for any verifiable,
  634  direct costs incurred. If an agreement is not reached within 6
  635  months after the date the regional planning agency assumes
  636  planning responsibilities for the local government pursuant to
  637  subsections (3) and (4) or by the time the plan or element, or
  638  portion thereof, is completed, whichever is earlier, the
  639  regional planning agency shall file invoices for verifiable,
  640  direct costs involved with the governing body. Upon the failure
  641  of the local government to pay such invoices within 90 days, the
  642  regional planning agency may, upon filing proper vouchers with
  643  the Chief Financial Officer, request payment by the Chief
  644  Financial Officer from unencumbered revenue or other tax sharing
  645  funds due such local government from the state for work actually
  646  performed, and the Chief Financial Officer shall pay such
  647  vouchers; however, the amount of such payment shall not exceed
  648  50 percent of such funds due such local government in any one
  649  year.
  650         (7) A local government that is being requested to pay costs
  651  may seek an administrative hearing pursuant to ss. 120.569 and
  652  120.57 to challenge the amount of costs and to determine if the
  653  statutory prerequisites for payment have been complied with.
  654  Final agency action shall be taken by the state land planning
  655  agency. Payment shall be withheld as to disputed amounts until
  656  proceedings under this subsection have been completed.
  657         (5)(8) Nothing in this act shall limit or modify the rights
  658  of any person to complete any development that has been
  659  authorized as a development of regional impact pursuant to
  660  chapter 380 or who has been issued a final local development
  661  order and development has commenced and is continuing in good
  662  faith.
  663         (6)(9) The Reedy Creek Improvement District shall exercise
  664  the authority of this part as it applies to municipalities,
  665  consistent with the legislative act under which it was
  666  established, for the total area under its jurisdiction.
  667         (7)(10) Nothing in this part shall supersede any provision
  668  of ss. 341.8201-341.842.
  669         (11) Each local government is encouraged to articulate a
  670  vision of the future physical appearance and qualities of its
  671  community as a component of its local comprehensive plan. The
  672  vision should be developed through a collaborative planning
  673  process with meaningful public participation and shall be
  674  adopted by the governing body of the jurisdiction. Neighboring
  675  communities, especially those sharing natural resources or
  676  physical or economic infrastructure, are encouraged to create
  677  collective visions for greater-than-local areas. Such collective
  678  visions shall apply in each city or county only to the extent
  679  that each local government chooses to make them applicable. The
  680  state land planning agency shall serve as a clearinghouse for
  681  creating a community vision of the future and may utilize the
  682  Growth Management Trust Fund, created by s. 186.911, to provide
  683  grants to help pay the costs of local visioning programs. When a
  684  local vision of the future has been created, a local government
  685  should review its comprehensive plan, land development
  686  regulations, and capital improvement program to ensure that
  687  these instruments will help to move the community toward its
  688  vision in a manner consistent with this act and with the state
  689  comprehensive plan. A local or regional vision must be
  690  consistent with the state vision, when adopted, and be
  691  internally consistent with the local or regional plan of which
  692  it is a component. The state land planning agency shall not
  693  adopt minimum criteria for evaluating or judging the form or
  694  content of a local or regional vision.
  695         (8)(12) An initiative or referendum process in regard to
  696  any development order or in regard to any local comprehensive
  697  plan amendment or map amendment that affects five or fewer
  698  parcels of land is prohibited.
  699         (9)(13) Each local government shall address in its
  700  comprehensive plan, as enumerated in this chapter, the water
  701  supply sources necessary to meet and achieve the existing and
  702  projected water use demand for the established planning period,
  703  considering the applicable plan developed pursuant to s.
  704  373.709.
  705         (10)(14)(a) If a local government grants a development
  706  order pursuant to its adopted land development regulations and
  707  the order is not the subject of a pending appeal and the
  708  timeframe for filing an appeal has expired, the development
  709  order may not be invalidated by a subsequent judicial
  710  determination that such land development regulations, or any
  711  portion thereof that is relevant to the development order, are
  712  invalid because of a deficiency in the approval standards.
  713         (b) This subsection does not preclude or affect the timely
  714  institution of any other remedy available at law or equity,
  715  including a common law writ of certiorari proceeding pursuant to
  716  Rule 9.190, Florida Rules of Appellate Procedure, or an original
  717  proceeding pursuant to s. 163.3215, as applicable.
  718         (c) This subsection applies retroactively to any
  719  development order granted on or after January 1, 2002.
  720         Section 8. Section 163.3168, Florida Statutes, is created
  721  to read:
  722         163.3168 Planning innovations and technical assistance.—
  723         (1) The Legislature recognizes the need for innovative
  724  planning and development strategies to promote a diverse economy
  725  and vibrant rural and urban communities, while protecting
  726  environmentally sensitive areas. The Legislature further
  727  recognizes the substantial advantages of innovative approaches
  728  to development directed to meet the needs of urban, rural, and
  729  suburban areas.
  730         (2) Local governments are encouraged to apply innovative
  731  planning tools, including, but not limited to, visioning, sector
  732  planning, and rural land stewardship area designations to
  733  address future new development areas, urban service area
  734  designations, urban growth boundaries, and mixed-use, high
  735  density development in urban areas.
  736         (3) The state land planning agency shall help communities
  737  find creative solutions to fostering vibrant, healthy
  738  communities, while protecting the functions of important state
  739  resources and facilities. The state land planning agency and all
  740  other appropriate state and regional agencies may use various
  741  means to provide direct and indirect technical assistance within
  742  available resources. If plan amendments may adversely impact
  743  important state resources or facilities, upon request by the
  744  local government, the state land planning agency shall
  745  coordinate multi-agency assistance, if needed, in developing an
  746  amendment to minimize impacts on such resources or facilities.
  747         (4)The state land planning agency shall provide, on its
  748  website, guidance on the submittal and adoption of comprehensive
  749  plans, plan amendments, and land development regulations. Such
  750  guidance shall not be adopted as a rule and is exempt from s.
  751  120.54(1)(a).
  752         Section 9. Subsection (4) of section 163.3171, Florida
  753  Statutes, is amended to read:
  754         163.3171 Areas of authority under this act.—
  755         (4) The state land planning agency and a Local governments
  756  may government shall have the power to enter into agreements
  757  with each other and to agree together to enter into agreements
  758  with a landowner, developer, or governmental agency as may be
  759  necessary or desirable to effectuate the provisions and purposes
  760  of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
  761  and 163.3248. It is the Legislature’s intent that joint
  762  agreements entered into under the authority of this section be
  763  liberally, broadly, and flexibly construed to facilitate
  764  intergovernmental cooperation between cities and counties and to
  765  encourage planning in advance of jurisdictional changes. Joint
  766  agreements, executed before or after the effective date of this
  767  act, include, but are not limited to, agreements that
  768  contemplate municipal adoption of plans or plan amendments for
  769  lands in advance of annexation of such lands into the
  770  municipality, and may permit municipalities and counties to
  771  exercise nonexclusive extrajurisdictional authority within
  772  incorporated and unincorporated areas. The state land planning
  773  agency may not interpret, invalidate, or declare inoperative
  774  such joint agreements, and the validity of joint agreements may
  775  not be a basis for finding plans or plan amendments not in
  776  compliance pursuant to chapter law.
  777         Section 10. Subsection (1) of section 163.3174, Florida
  778  Statutes, is amended to read:
  779         163.3174 Local planning agency.—
  780         (1) The governing body of each local government,
  781  individually or in combination as provided in s. 163.3171, shall
  782  designate and by ordinance establish a “local planning agency,”
  783  unless the agency is otherwise established by law.
  784  Notwithstanding any special act to the contrary, all local
  785  planning agencies or equivalent agencies that first review
  786  rezoning and comprehensive plan amendments in each municipality
  787  and county shall include a representative of the school district
  788  appointed by the school board as a nonvoting member of the local
  789  planning agency or equivalent agency to attend those meetings at
  790  which the agency considers comprehensive plan amendments and
  791  rezonings that would, if approved, increase residential density
  792  on the property that is the subject of the application. However,
  793  this subsection does not prevent the governing body of the local
  794  government from granting voting status to the school board
  795  member. The governing body may designate itself as the local
  796  planning agency pursuant to this subsection with the addition of
  797  a nonvoting school board representative. The governing body
  798  shall notify the state land planning agency of the establishment
  799  of its local planning agency. All local planning agencies shall
  800  provide opportunities for involvement by applicable community
  801  college boards, which may be accomplished by formal
  802  representation, membership on technical advisory committees, or
  803  other appropriate means. The local planning agency shall prepare
  804  the comprehensive plan or plan amendment after hearings to be
  805  held after public notice and shall make recommendations to the
  806  governing body regarding the adoption or amendment of the plan.
  807  The agency may be a local planning commission, the planning
  808  department of the local government, or other instrumentality,
  809  including a countywide planning entity established by special
  810  act or a council of local government officials created pursuant
  811  to s. 163.02, provided the composition of the council is fairly
  812  representative of all the governing bodies in the county or
  813  planning area; however:
  814         (a) If a joint planning entity is in existence on the
  815  effective date of this act which authorizes the governing bodies
  816  to adopt and enforce a land use plan effective throughout the
  817  joint planning area, that entity shall be the agency for those
  818  local governments until such time as the authority of the joint
  819  planning entity is modified by law.
  820         (b) In the case of chartered counties, the planning
  821  responsibility between the county and the several municipalities
  822  therein shall be as stipulated in the charter.
  823         Section 11. Subsections (5), (6), and (9) of section
  824  163.3175, Florida Statutes, are amended to read:
  825         163.3175 Legislative findings on compatibility of
  826  development with military installations; exchange of information
  827  between local governments and military installations.—
  828         (5) The commanding officer or his or her designee may
  829  provide comments to the affected local government on the impact
  830  such proposed changes may have on the mission of the military
  831  installation. Such comments may include:
  832         (a) If the installation has an airfield, whether such
  833  proposed changes will be incompatible with the safety and noise
  834  standards contained in the Air Installation Compatible Use Zone
  835  (AICUZ) adopted by the military installation for that airfield;
  836         (b) Whether such changes are incompatible with the
  837  Installation Environmental Noise Management Program (IENMP) of
  838  the United States Army;
  839         (c) Whether such changes are incompatible with the findings
  840  of a Joint Land Use Study (JLUS) for the area if one has been
  841  completed; and
  842         (d) Whether the military installation’s mission will be
  843  adversely affected by the proposed actions of the county or
  844  affected local government.
  845  
  846  The commanding officer’s comments, underlying studies, and
  847  reports are not binding on the local government.
  848         (6) The affected local government shall take into
  849  consideration any comments provided by the commanding officer or
  850  his or her designee pursuant to subsection (4) and must also be
  851  sensitive to private property rights and not be unduly
  852  restrictive on those rights. The affected local government shall
  853  forward a copy of any comments regarding comprehensive plan
  854  amendments to the state land planning agency.
  855         (9) If a local government, as required under s.
  856  163.3177(6)(a), does not adopt criteria and address
  857  compatibility of lands adjacent to or closely proximate to
  858  existing military installations in its future land use plan
  859  element by June 30, 2012, the local government, the military
  860  installation, the state land planning agency, and other parties
  861  as identified by the regional planning council, including, but
  862  not limited to, private landowner representatives, shall enter
  863  into mediation conducted pursuant to s. 186.509. If the local
  864  government comprehensive plan does not contain criteria
  865  addressing compatibility by December 31, 2013, the agency may
  866  notify the Administration Commission. The Administration
  867  Commission may impose sanctions pursuant to s. 163.3184(8)(11).
  868  Any local government that amended its comprehensive plan to
  869  address military installation compatibility requirements after
  870  2004 and was found to be in compliance is deemed to be in
  871  compliance with this subsection until the local government
  872  conducts its evaluation and appraisal review pursuant to s.
  873  163.3191 and determines that amendments are necessary to meet
  874  updated general law requirements.
  875         Section 12. Section 163.3177, Florida Statutes, is amended
  876  to read:
  877         163.3177 Required and optional elements of comprehensive
  878  plan; studies and surveys.—
  879         (1) The comprehensive plan shall provide the consist of
  880  materials in such descriptive form, written or graphic, as may
  881  be appropriate to the prescription of principles, guidelines,
  882  and standards, and strategies for the orderly and balanced
  883  future economic, social, physical, environmental, and fiscal
  884  development of the area that reflects community commitments to
  885  implement the plan and its elements. These principles and
  886  strategies shall guide future decisions in a consistent manner
  887  and shall contain programs and activities to ensure
  888  comprehensive plans are implemented. The sections of the
  889  comprehensive plan containing the principles and strategies,
  890  generally provided as goals, objectives, and policies, shall
  891  describe how the local government’s programs, activities, and
  892  land development regulations will be initiated, modified, or
  893  continued to implement the comprehensive plan in a consistent
  894  manner. It is not the intent of this part to require the
  895  inclusion of implementing regulations in the comprehensive plan
  896  but rather to require identification of those programs,
  897  activities, and land development regulations that will be part
  898  of the strategy for implementing the comprehensive plan and the
  899  principles that describe how the programs, activities, and land
  900  development regulations will be carried out. The plan shall
  901  establish meaningful and predictable standards for the use and
  902  development of land and provide meaningful guidelines for the
  903  content of more detailed land development and use regulations.
  904         (a) The comprehensive plan shall consist of elements as
  905  described in this section, and may include optional elements.
  906         (b) A local government may include, as part of its adopted
  907  plan, documents adopted by reference but not incorporated
  908  verbatim into the plan. The adoption by reference must identify
  909  the title and author of the document and indicate clearly what
  910  provisions and edition of the document is being adopted.
  911         (c) The format of these principles and guidelines is at the
  912  discretion of the local government, but typically is expressed
  913  in goals, objectives, policies, and strategies.
  914         (d) The comprehensive plan shall identify procedures for
  915  monitoring, evaluating, and appraising implementation of the
  916  plan.
  917         (e) When a federal, state, or regional agency has
  918  implemented a regulatory program, a local government is not
  919  required to duplicate or exceed that regulatory program in its
  920  local comprehensive plan.
  921         (f) All mandatory and optional elements of the
  922  comprehensive plan and plan amendments shall be based upon
  923  relevant and appropriate data and an analysis by the local
  924  government that may include, but not be limited to, surveys,
  925  studies, community goals and vision, and other data available at
  926  the time of adoption of the comprehensive plan or plan
  927  amendment. To be based on data means to react to it in an
  928  appropriate way and to the extent necessary indicated by the
  929  data available on that particular subject at the time of
  930  adoption of the plan or plan amendment at issue.
  931         1. Surveys, studies, and data utilized in the preparation
  932  of the comprehensive plan may not be deemed a part of the
  933  comprehensive plan unless adopted as a part of it. Copies of
  934  such studies, surveys, data, and supporting documents for
  935  proposed plans and plan amendments shall be made available for
  936  public inspection, and copies of such plans shall be made
  937  available to the public upon payment of reasonable charges for
  938  reproduction. Support data or summaries are not subject to the
  939  compliance review process, but the comprehensive plan must be
  940  clearly based on appropriate data. Support data or summaries may
  941  be used to aid in the determination of compliance and
  942  consistency.
  943         2. Data must be taken from professionally accepted sources.
  944  The application of a methodology utilized in data collection or
  945  whether a particular methodology is professionally accepted may
  946  be evaluated. However, the evaluation may not include whether
  947  one accepted methodology is better than another. Original data
  948  collection by local governments is not required. However, local
  949  governments may use original data so long as methodologies are
  950  professionally accepted.
  951         3. The comprehensive plan shall be based upon permanent and
  952  seasonal population estimates and projections, which shall
  953  either be those provided by the University of Florida’s Bureau
  954  of Economic and Business Research or generated by the local
  955  government based upon a professionally acceptable methodology.
  956  The plan must be based on at least the minimum amount of land
  957  required to accommodate the medium projections of the University
  958  of Florida’s Bureau of Economic and Business Research for at
  959  least a 10-year planning period unless otherwise limited under
  960  s. 380.05, including related rules of the Administration
  961  Commission.
  962         (2) Coordination of the several elements of the local
  963  comprehensive plan shall be a major objective of the planning
  964  process. The several elements of the comprehensive plan shall be
  965  consistent. Where data is relevant to several elements,
  966  consistent data shall be used, including population estimates
  967  and projections unless alternative data can be justified for a
  968  plan amendment through new supporting data and analysis. Each
  969  map depicting future conditions must reflect the principles,
  970  guidelines, and standards within all elements and each such map
  971  must be contained within the comprehensive plan, and the
  972  comprehensive plan shall be financially feasible. Financial
  973  feasibility shall be determined using professionally accepted
  974  methodologies and applies to the 5-year planning period, except
  975  in the case of a long-term transportation or school concurrency
  976  management system, in which case a 10-year or 15-year period
  977  applies.
  978         (3)(a) The comprehensive plan shall contain a capital
  979  improvements element designed to consider the need for and the
  980  location of public facilities in order to encourage the
  981  efficient use of such facilities and set forth:
  982         1. A component that outlines principles for construction,
  983  extension, or increase in capacity of public facilities, as well
  984  as a component that outlines principles for correcting existing
  985  public facility deficiencies, which are necessary to implement
  986  the comprehensive plan. The components shall cover at least a 5
  987  year period.
  988         2. Estimated public facility costs, including a delineation
  989  of when facilities will be needed, the general location of the
  990  facilities, and projected revenue sources to fund the
  991  facilities.
  992         3. Standards to ensure the availability of public
  993  facilities and the adequacy of those facilities to meet
  994  established including acceptable levels of service.
  995         4. Standards for the management of debt.
  996         4.5. A schedule of capital improvements which includes any
  997  publicly funded projects of federal, state, or local government,
  998  and which may include privately funded projects for which the
  999  local government has no fiscal responsibility. Projects,
 1000  necessary to ensure that any adopted level-of-service standards
 1001  are achieved and maintained for the 5-year period must be
 1002  identified as either funded or unfunded and given a level of
 1003  priority for funding. For capital improvements that will be
 1004  funded by the developer, financial feasibility shall be
 1005  demonstrated by being guaranteed in an enforceable development
 1006  agreement or interlocal agreement pursuant to paragraph (10)(h),
 1007  or other enforceable agreement. These development agreements and
 1008  interlocal agreements shall be reflected in the schedule of
 1009  capital improvements if the capital improvement is necessary to
 1010  serve development within the 5-year schedule. If the local
 1011  government uses planned revenue sources that require referenda
 1012  or other actions to secure the revenue source, the plan must, in
 1013  the event the referenda are not passed or actions do not secure
 1014  the planned revenue source, identify other existing revenue
 1015  sources that will be used to fund the capital projects or
 1016  otherwise amend the plan to ensure financial feasibility.
 1017         5.6. The schedule must include transportation improvements
 1018  included in the applicable metropolitan planning organization’s
 1019  transportation improvement program adopted pursuant to s.
 1020  339.175(8) to the extent that such improvements are relied upon
 1021  to ensure concurrency and financial feasibility. The schedule
 1022  must also be coordinated with the applicable metropolitan
 1023  planning organization’s long-range transportation plan adopted
 1024  pursuant to s. 339.175(7).
 1025         (b)1. The capital improvements element must be reviewed by
 1026  the local government on an annual basis. Modifications and
 1027  modified as necessary in accordance with s. 163.3187 or s.
 1028  163.3189 in order to update the maintain a financially feasible
 1029  5-year capital improvement schedule of capital improvements.
 1030  Corrections and modifications concerning costs; revenue sources;
 1031  or acceptance of facilities pursuant to dedications which are
 1032  consistent with the plan may be accomplished by ordinance and
 1033  may shall not be deemed to be amendments to the local
 1034  comprehensive plan. A copy of the ordinance shall be transmitted
 1035  to the state land planning agency. An amendment to the
 1036  comprehensive plan is required to update the schedule on an
 1037  annual basis or to eliminate, defer, or delay the construction
 1038  for any facility listed in the 5-year schedule. All public
 1039  facilities must be consistent with the capital improvements
 1040  element. The annual update to the capital improvements element
 1041  of the comprehensive plan need not comply with the financial
 1042  feasibility requirement until December 1, 2011. Thereafter, a
 1043  local government may not amend its future land use map, except
 1044  for plan amendments to meet new requirements under this part and
 1045  emergency amendments pursuant to s. 163.3187(1)(a), after
 1046  December 1, 2011, and every year thereafter, unless and until
 1047  the local government has adopted the annual update and it has
 1048  been transmitted to the state land planning agency.
 1049         2. Capital improvements element amendments adopted after
 1050  the effective date of this act shall require only a single
 1051  public hearing before the governing board which shall be an
 1052  adoption hearing as described in s. 163.3184(7). Such amendments
 1053  are not subject to the requirements of s. 163.3184(3)-(6).
 1054         (c) If the local government does not adopt the required
 1055  annual update to the schedule of capital improvements, the state
 1056  land planning agency must notify the Administration Commission.
 1057  A local government that has a demonstrated lack of commitment to
 1058  meeting its obligations identified in the capital improvements
 1059  element may be subject to sanctions by the Administration
 1060  Commission pursuant to s. 163.3184(11).
 1061         (d) If a local government adopts a long-term concurrency
 1062  management system pursuant to s. 163.3180(9), it must also adopt
 1063  a long-term capital improvements schedule covering up to a 10
 1064  year or 15-year period, and must update the long-term schedule
 1065  annually. The long-term schedule of capital improvements must be
 1066  financially feasible.
 1067         (e) At the discretion of the local government and
 1068  notwithstanding the requirements of this subsection, a
 1069  comprehensive plan, as revised by an amendment to the plan’s
 1070  future land use map, shall be deemed to be financially feasible
 1071  and to have achieved and maintained level-of-service standards
 1072  as required by this section with respect to transportation
 1073  facilities if the amendment to the future land use map is
 1074  supported by a:
 1075         1. Condition in a development order for a development of
 1076  regional impact or binding agreement that addresses
 1077  proportionate-share mitigation consistent with s. 163.3180(12);
 1078  or
 1079         2. Binding agreement addressing proportionate fair-share
 1080  mitigation consistent with s. 163.3180(16)(f) and the property
 1081  subject to the amendment to the future land use map is located
 1082  within an area designated in a comprehensive plan for urban
 1083  infill, urban redevelopment, downtown revitalization, urban
 1084  infill and redevelopment, or an urban service area. The binding
 1085  agreement must be based on the maximum amount of development
 1086  identified by the future land use map amendment or as may be
 1087  otherwise restricted through a special area plan policy or map
 1088  notation in the comprehensive plan.
 1089         (f) A local government’s comprehensive plan and plan
 1090  amendments for land uses within all transportation concurrency
 1091  exception areas that are designated and maintained in accordance
 1092  with s. 163.3180(5) shall be deemed to meet the requirement to
 1093  achieve and maintain level-of-service standards for
 1094  transportation.
 1095         (4)(a) Coordination of the local comprehensive plan with
 1096  the comprehensive plans of adjacent municipalities, the county,
 1097  adjacent counties, or the region; with the appropriate water
 1098  management district’s regional water supply plans approved
 1099  pursuant to s. 373.709; and with adopted rules pertaining to
 1100  designated areas of critical state concern; and with the state
 1101  comprehensive plan shall be a major objective of the local
 1102  comprehensive planning process. To that end, in the preparation
 1103  of a comprehensive plan or element thereof, and in the
 1104  comprehensive plan or element as adopted, the governing body
 1105  shall include a specific policy statement indicating the
 1106  relationship of the proposed development of the area to the
 1107  comprehensive plans of adjacent municipalities, the county,
 1108  adjacent counties, or the region and to the state comprehensive
 1109  plan, as the case may require and as such adopted plans or plans
 1110  in preparation may exist.
 1111         (b) When all or a portion of the land in a local government
 1112  jurisdiction is or becomes part of a designated area of critical
 1113  state concern, the local government shall clearly identify those
 1114  portions of the local comprehensive plan that shall be
 1115  applicable to the critical area and shall indicate the
 1116  relationship of the proposed development of the area to the
 1117  rules for the area of critical state concern.
 1118         (5)(a) Each local government comprehensive plan must
 1119  include at least two planning periods, one covering at least the
 1120  first 5-year period occurring after the plan’s adoption and one
 1121  covering at least a 10-year period. Additional planning periods
 1122  for specific components, elements, land use amendments, or
 1123  projects shall be permissible and accepted as part of the
 1124  planning process.
 1125         (b) The comprehensive plan and its elements shall contain
 1126  guidelines or policies policy recommendations for the
 1127  implementation of the plan and its elements.
 1128         (6) In addition to the requirements of subsections (1)-(5)
 1129  and (12), the comprehensive plan shall include the following
 1130  elements:
 1131         (a) A future land use plan element designating proposed
 1132  future general distribution, location, and extent of the uses of
 1133  land for residential uses, commercial uses, industry,
 1134  agriculture, recreation, conservation, education, public
 1135  buildings and grounds, other public facilities, and other
 1136  categories of the public and private uses of land. The
 1137  approximate acreage and the general range of density or
 1138  intensity of use shall be provided for the gross land area
 1139  included in each existing land use category. The element shall
 1140  establish the long-term end toward which land use programs and
 1141  activities are ultimately directed. Counties are encouraged to
 1142  designate rural land stewardship areas, pursuant to paragraph
 1143  (11)(d), as overlays on the future land use map.
 1144         1. Each future land use category must be defined in terms
 1145  of uses included, and must include standards to be followed in
 1146  the control and distribution of population densities and
 1147  building and structure intensities. The proposed distribution,
 1148  location, and extent of the various categories of land use shall
 1149  be shown on a land use map or map series which shall be
 1150  supplemented by goals, policies, and measurable objectives.
 1151         2. The future land use plan and plan amendments shall be
 1152  based upon surveys, studies, and data regarding the area, as
 1153  applicable, including:
 1154         a. The amount of land required to accommodate anticipated
 1155  growth.;
 1156         b. The projected permanent and seasonal population of the
 1157  area.;
 1158         c. The character of undeveloped land.;
 1159         d. The availability of water supplies, public facilities,
 1160  and services.;
 1161         e. The need for redevelopment, including the renewal of
 1162  blighted areas and the elimination of nonconforming uses which
 1163  are inconsistent with the character of the community.;
 1164         f. The compatibility of uses on lands adjacent to or
 1165  closely proximate to military installations.;
 1166         g. The compatibility of uses on lands adjacent to an
 1167  airport as defined in s. 330.35 and consistent with s. 333.02.;
 1168         h. The discouragement of urban sprawl.; energy-efficient
 1169  land use patterns accounting for existing and future electric
 1170  power generation and transmission systems; greenhouse gas
 1171  reduction strategies; and, in rural communities,
 1172         i. The need for job creation, capital investment, and
 1173  economic development that will strengthen and diversify the
 1174  community’s economy.
 1175         j. The need to modify land uses and development patterns
 1176  within antiquated subdivisions. The future land use plan may
 1177  designate areas for future planned development use involving
 1178  combinations of types of uses for which special regulations may
 1179  be necessary to ensure development in accord with the principles
 1180  and standards of the comprehensive plan and this act.
 1181         3. The future land use plan element shall include criteria
 1182  to be used to:
 1183         a. Achieve the compatibility of lands adjacent or closely
 1184  proximate to military installations, considering factors
 1185  identified in s. 163.3175(5)., and
 1186         b. Achieve the compatibility of lands adjacent to an
 1187  airport as defined in s. 330.35 and consistent with s. 333.02.
 1188         c. Encourage preservation of recreational and commercial
 1189  working waterfronts for water dependent uses in coastal
 1190  communities.
 1191         d. Encourage the location of schools proximate to urban
 1192  residential areas to the extent possible.
 1193         e. Coordinate future land uses with the topography and soil
 1194  conditions, and the availability of facilities and services.
 1195         f. Ensure the protection of natural and historic resources.
 1196         g. Provide for the compatibility of adjacent land uses.
 1197         h. Provide guidelines for the implementation of mixed use
 1198  development including the types of uses allowed, the percentage
 1199  distribution among the mix of uses, or other standards, and the
 1200  density and intensity of each use.
 1201         4.In addition, for rural communities, The amount of land
 1202  designated for future planned uses industrial use shall provide
 1203  a balance of uses that foster vibrant, viable communities and
 1204  economic development opportunities and address outdated
 1205  development patterns, such as antiquated subdivisions. The
 1206  amount of land designated for future land uses should allow the
 1207  operation of real estate markets to provide adequate choices for
 1208  permanent and seasonal residents and business and be based upon
 1209  surveys and studies that reflect the need for job creation,
 1210  capital investment, and the necessity to strengthen and
 1211  diversify the local economies, and may not be limited solely by
 1212  the projected population of the rural community. The element
 1213  shall accommodate at least the minimum amount of land required
 1214  to accommodate the medium projections of the University of
 1215  Florida’s Bureau of Economic and Business Research for at least
 1216  a 10-year planning period unless otherwise limited under s.
 1217  380.05, including related rules of the Administration
 1218  Commission.
 1219         5. The future land use plan of a county may also designate
 1220  areas for possible future municipal incorporation.
 1221         6. The land use maps or map series shall generally identify
 1222  and depict historic district boundaries and shall designate
 1223  historically significant properties meriting protection. For
 1224  coastal counties, the future land use element must include,
 1225  without limitation, regulatory incentives and criteria that
 1226  encourage the preservation of recreational and commercial
 1227  working waterfronts as defined in s. 342.07.
 1228         7. The future land use element must clearly identify the
 1229  land use categories in which public schools are an allowable
 1230  use. When delineating the land use categories in which public
 1231  schools are an allowable use, a local government shall include
 1232  in the categories sufficient land proximate to residential
 1233  development to meet the projected needs for schools in
 1234  coordination with public school boards and may establish
 1235  differing criteria for schools of different type or size. Each
 1236  local government shall include lands contiguous to existing
 1237  school sites, to the maximum extent possible, within the land
 1238  use categories in which public schools are an allowable use. The
 1239  failure by a local government to comply with these school siting
 1240  requirements will result in the prohibition of the local
 1241  government’s ability to amend the local comprehensive plan,
 1242  except for plan amendments described in s. 163.3187(1)(b), until
 1243  the school siting requirements are met. Amendments proposed by a
 1244  local government for purposes of identifying the land use
 1245  categories in which public schools are an allowable use are
 1246  exempt from the limitation on the frequency of plan amendments
 1247  contained in s. 163.3187. The future land use element shall
 1248  include criteria that encourage the location of schools
 1249  proximate to urban residential areas to the extent possible and
 1250  shall require that the local government seek to collocate public
 1251  facilities, such as parks, libraries, and community centers,
 1252  with schools to the extent possible and to encourage the use of
 1253  elementary schools as focal points for neighborhoods. For
 1254  schools serving predominantly rural counties, defined as a
 1255  county with a population of 100,000 or fewer, an agricultural
 1256  land use category is eligible for the location of public school
 1257  facilities if the local comprehensive plan contains school
 1258  siting criteria and the location is consistent with such
 1259  criteria.
 1260         8. Future land use map amendments shall be based upon the
 1261  following analyses:
 1262         a. An analysis of the availability of facilities and
 1263  services.
 1264         b. An analysis of the suitability of the plan amendment for
 1265  its proposed use considering the character of the undeveloped
 1266  land, soils, topography, natural resources, and historic
 1267  resources on site.
 1268         c. An analysis of the minimum amount of land needed as
 1269  determined by the local government.
 1270         9. The future land use element and any amendment to the
 1271  future land use element shall discourage the proliferation of
 1272  urban sprawl.
 1273         a. The primary indicators that a plan or plan amendment
 1274  does not discourage the proliferation of urban sprawl are listed
 1275  below. The evaluation of the presence of these indicators shall
 1276  consist of an analysis of the plan or plan amendment within the
 1277  context of features and characteristics unique to each locality
 1278  in order to determine whether the plan or plan amendment:
 1279         (I) Promotes, allows, or designates for development
 1280  substantial areas of the jurisdiction to develop as low
 1281  intensity, low-density, or single-use development or uses.
 1282         (II) Promotes, allows, or designates significant amounts of
 1283  urban development to occur in rural areas at substantial
 1284  distances from existing urban areas while not using undeveloped
 1285  lands that are available and suitable for development.
 1286         (III) Promotes, allows, or designates urban development in
 1287  radial, strip, isolated, or ribbon patterns generally emanating
 1288  from existing urban developments.
 1289         (IV) Fails to adequately protect and conserve natural
 1290  resources, such as wetlands, floodplains, native vegetation,
 1291  environmentally sensitive areas, natural groundwater aquifer
 1292  recharge areas, lakes, rivers, shorelines, beaches, bays,
 1293  estuarine systems, and other significant natural systems.
 1294         (V) Fails to adequately protect adjacent agricultural areas
 1295  and activities, including silviculture, active agricultural and
 1296  silvicultural activities, passive agricultural activities, and
 1297  dormant, unique, and prime farmlands and soils.
 1298         (VI) Fails to maximize use of existing public facilities
 1299  and services.
 1300         (VII) Fails to maximize use of future public facilities and
 1301  services.
 1302         (VIII) Allows for land use patterns or timing which
 1303  disproportionately increase the cost in time, money, and energy
 1304  of providing and maintaining facilities and services, including
 1305  roads, potable water, sanitary sewer, stormwater management, law
 1306  enforcement, education, health care, fire and emergency
 1307  response, and general government.
 1308         (IX) Fails to provide a clear separation between rural and
 1309  urban uses.
 1310         (X) Discourages or inhibits infill development or the
 1311  redevelopment of existing neighborhoods and communities.
 1312         (XI) Fails to encourage a functional mix of uses.
 1313         (XII) Results in poor accessibility among linked or related
 1314  land uses.
 1315         (XIII) Results in the loss of significant amounts of
 1316  functional open space.
 1317         b. The future land use element or plan amendment shall be
 1318  determined to discourage the proliferation of urban sprawl if it
 1319  incorporates a development pattern or urban form that achieves
 1320  four or more of the following:
 1321         (I) Directs or locates economic growth and associated land
 1322  development to geographic areas of the community in a manner
 1323  that does not have an adverse impact on and protects natural
 1324  resources and ecosystems.
 1325         (II) Promotes the efficient and cost-effective provision or
 1326  extension of public infrastructure and services.
 1327         (III) Promotes walkable and connected communities and
 1328  provides for compact development and a mix of uses at densities
 1329  and intensities that will support a range of housing choices and
 1330  a multimodal transportation system, including pedestrian,
 1331  bicycle, and transit, if available.
 1332         (IV) Promotes conservation of water and energy.
 1333         (V) Preserves agricultural areas and activities, including
 1334  silviculture, and dormant, unique, and prime farmlands and
 1335  soils.
 1336         (VI) Preserves open space and natural lands and provides
 1337  for public open space and recreation needs.
 1338         (VII) Creates a balance of land uses based upon demands of
 1339  residential population for the nonresidential needs of an area.
 1340         (VIII) Provides uses, densities, and intensities of use and
 1341  urban form that would remediate an existing or planned
 1342  development pattern in the vicinity that constitutes sprawl or
 1343  if it provides for an innovative development pattern such as
 1344  transit-oriented developments or new towns as defined in s.
 1345  163.3164.
 1346         10. The future land use element shall include a future land
 1347  use map or map series.
 1348         a. The proposed distribution, extent, and location of the
 1349  following uses shall be shown on the future land use map or map
 1350  series:
 1351         (I) Residential.
 1352         (II) Commercial.
 1353         (III) Industrial.
 1354         (IV) Agricultural.
 1355         (V) Recreational.
 1356         (VI) Conservation.
 1357         (VII) Educational.
 1358         (VIII) Public.
 1359         b. The following areas shall also be shown on the future
 1360  land use map or map series, if applicable:
 1361         (I) Historic district boundaries and designated
 1362  historically significant properties.
 1363         (II) Transportation concurrency management area boundaries
 1364  or transportation concurrency exception area boundaries.
 1365         (III) Multimodal transportation district boundaries.
 1366         (IV) Mixed use categories.
 1367         c. The following natural resources or conditions shall be
 1368  shown on the future land use map or map series, if applicable:
 1369         (I) Existing and planned public potable waterwells, cones
 1370  of influence, and wellhead protection areas.
 1371         (II) Beaches and shores, including estuarine systems.
 1372         (III) Rivers, bays, lakes, floodplains, and harbors.
 1373         (IV) Wetlands.
 1374         (V) Minerals and soils.
 1375         (VI) Coastal high hazard areas.
 1376         11. Local governments required to update or amend their
 1377  comprehensive plan to include criteria and address compatibility
 1378  of lands adjacent or closely proximate to existing military
 1379  installations, or lands adjacent to an airport as defined in s.
 1380  330.35 and consistent with s. 333.02, in their future land use
 1381  plan element shall transmit the update or amendment to the state
 1382  land planning agency by June 30, 2012.
 1383         (b) A transportation element addressing mobility issues in
 1384  relationship to the size and character of the local government.
 1385  The purpose of the transportation element shall be to plan for a
 1386  multimodal transportation system that places emphasis on public
 1387  transportation systems, where feasible. The element shall
 1388  provide for a safe, convenient multimodal transportation system,
 1389  coordinated with the future land use map or map series and
 1390  designed to support all elements of the comprehensive plan. A
 1391  local government that has all or part of its jurisdiction
 1392  included within the metropolitan planning area of a metropolitan
 1393  planning organization (M.P.O.) pursuant to s. 339.175 shall
 1394  prepare and adopt a transportation element consistent with this
 1395  subsection. Local governments that are not located within the
 1396  metropolitan planning area of an M.P.O. shall address traffic
 1397  circulation, mass transit, and ports, and aviation and related
 1398  facilities consistent with this subsection, except that local
 1399  governments with a population of 50,000 or less shall only be
 1400  required to address transportation circulation. The element
 1401  shall be coordinated with the plans and programs of any
 1402  applicable metropolitan planning organization, transportation
 1403  authority, Florida Transportation Plan, and Department of
 1404  Transportation’s adopted work program.
 1405         1. Each local government’s transportation element shall
 1406  address
 1407         (b) A traffic circulation, including element consisting of
 1408  the types, locations, and extent of existing and proposed major
 1409  thoroughfares and transportation routes, including bicycle and
 1410  pedestrian ways. Transportation corridors, as defined in s.
 1411  334.03, may be designated in the transportation traffic
 1412  circulation element pursuant to s. 337.273. If the
 1413  transportation corridors are designated, the local government
 1414  may adopt a transportation corridor management ordinance. The
 1415  element shall include a map or map series showing the general
 1416  location of the existing and proposed transportation system
 1417  features and shall be coordinated with the future land use map
 1418  or map series. The element shall reflect the data, analysis, and
 1419  associated principles and strategies relating to:
 1420         a. The existing transportation system levels of service and
 1421  system needs and the availability of transportation facilities
 1422  and services.
 1423         b. The growth trends and travel patterns and interactions
 1424  between land use and transportation.
 1425         c. Existing and projected intermodal deficiencies and
 1426  needs.
 1427         d. The projected transportation system levels of service
 1428  and system needs based upon the future land use map and the
 1429  projected integrated transportation system.
 1430         e. How the local government will correct existing facility
 1431  deficiencies, meet the identified needs of the projected
 1432  transportation system, and advance the purpose of this paragraph
 1433  and the other elements of the comprehensive plan.
 1434         2. Local governments within a metropolitan planning area
 1435  designated as an M.P.O. pursuant to s. 339.175 shall also
 1436  address:
 1437         a. All alternative modes of travel, such as public
 1438  transportation, pedestrian, and bicycle travel.
 1439         b. Aviation, rail, seaport facilities, access to those
 1440  facilities, and intermodal terminals.
 1441         c. The capability to evacuate the coastal population before
 1442  an impending natural disaster.
 1443         d. Airports, projected airport and aviation development,
 1444  and land use compatibility around airports, which includes areas
 1445  defined in ss. 333.01 and 333.02.
 1446         e. An identification of land use densities, building
 1447  intensities, and transportation management programs to promote
 1448  public transportation systems in designated public
 1449  transportation corridors so as to encourage population densities
 1450  sufficient to support such systems.
 1451         3. Municipalities having populations greater than 50,000,
 1452  and counties having populations greater than 75,000, shall
 1453  include mass-transit provisions showing proposed methods for the
 1454  moving of people, rights-of-way, terminals, and related
 1455  facilities and shall address:
 1456         a. The provision of efficient public transit services based
 1457  upon existing and proposed major trip generators and attractors,
 1458  safe and convenient public transit terminals, land uses, and
 1459  accommodation of the special needs of the transportation
 1460  disadvantaged.
 1461         b. Plans for port, aviation, and related facilities
 1462  coordinated with the general circulation and transportation
 1463  element.
 1464         c. Plans for the circulation of recreational traffic,
 1465  including bicycle facilities, exercise trails, riding
 1466  facilities, and such other matters as may be related to the
 1467  improvement and safety of movement of all types of recreational
 1468  traffic.
 1469         4. At the option of a local government, an airport master
 1470  plan, and any subsequent amendments to the airport master plan,
 1471  prepared by a licensed publicly owned and operated airport under
 1472  s. 333.06 may be incorporated into the local government
 1473  comprehensive plan by the local government having jurisdiction
 1474  under this act for the area in which the airport or projected
 1475  airport development is located by the adoption of a
 1476  comprehensive plan amendment. In the amendment to the local
 1477  comprehensive plan that integrates the airport master plan, the
 1478  comprehensive plan amendment shall address land use
 1479  compatibility consistent with chapter 333 regarding airport
 1480  zoning; the provision of regional transportation facilities for
 1481  the efficient use and operation of the transportation system and
 1482  airport; consistency with the local government transportation
 1483  circulation element and applicable M.P.O. long-range
 1484  transportation plans; the execution of any necessary interlocal
 1485  agreements for the purposes of the provision of public
 1486  facilities and services to maintain the adopted level-of-service
 1487  standards for facilities subject to concurrency; and may address
 1488  airport-related or aviation-related development. Development or
 1489  expansion of an airport consistent with the adopted airport
 1490  master plan that has been incorporated into the local
 1491  comprehensive plan in compliance with this part, and airport
 1492  related or aviation-related development that has been addressed
 1493  in the comprehensive plan amendment that incorporates the
 1494  airport master plan, do not constitute a development of regional
 1495  impact. Notwithstanding any other general law, an airport that
 1496  has received a development-of-regional-impact development order
 1497  pursuant to s. 380.06, but which is no longer required to
 1498  undergo development-of-regional-impact review pursuant to this
 1499  subsection, may rescind its development-of-regional-impact order
 1500  upon written notification to the applicable local government.
 1501  Upon receipt by the local government, the development-of
 1502  regional-impact development order shall be deemed rescinded. The
 1503  traffic circulation element shall incorporate transportation
 1504  strategies to address reduction in greenhouse gas emissions from
 1505  the transportation sector.
 1506         (c) A general sanitary sewer, solid waste, drainage,
 1507  potable water, and natural groundwater aquifer recharge element
 1508  correlated to principles and guidelines for future land use,
 1509  indicating ways to provide for future potable water, drainage,
 1510  sanitary sewer, solid waste, and aquifer recharge protection
 1511  requirements for the area. The element may be a detailed
 1512  engineering plan including a topographic map depicting areas of
 1513  prime groundwater recharge.
 1514         1. Each local government shall address in the data and
 1515  analyses required by this section those facilities that provide
 1516  service within the local government’s jurisdiction. Local
 1517  governments that provide facilities to serve areas within other
 1518  local government jurisdictions shall also address those
 1519  facilities in the data and analyses required by this section,
 1520  using data from the comprehensive plan for those areas for the
 1521  purpose of projecting facility needs as required in this
 1522  subsection. For shared facilities, each local government shall
 1523  indicate the proportional capacity of the systems allocated to
 1524  serve its jurisdiction.
 1525         2. The element shall describe the problems and needs and
 1526  the general facilities that will be required for solution of the
 1527  problems and needs, including correcting existing facility
 1528  deficiencies. The element shall address coordinating the
 1529  extension of, or increase in the capacity of, facilities to meet
 1530  future needs while maximizing the use of existing facilities and
 1531  discouraging urban sprawl; conservation of potable water
 1532  resources; and protecting the functions of natural groundwater
 1533  recharge areas and natural drainage features. The element shall
 1534  also include a topographic map depicting any areas adopted by a
 1535  regional water management district as prime groundwater recharge
 1536  areas for the Floridan or Biscayne aquifers. These areas shall
 1537  be given special consideration when the local government is
 1538  engaged in zoning or considering future land use for said
 1539  designated areas. For areas served by septic tanks, soil surveys
 1540  shall be provided which indicate the suitability of soils for
 1541  septic tanks.
 1542         3. Within 18 months after the governing board approves an
 1543  updated regional water supply plan, the element must incorporate
 1544  the alternative water supply project or projects selected by the
 1545  local government from those identified in the regional water
 1546  supply plan pursuant to s. 373.709(2)(a) or proposed by the
 1547  local government under s. 373.709(8)(b). If a local government
 1548  is located within two water management districts, the local
 1549  government shall adopt its comprehensive plan amendment within
 1550  18 months after the later updated regional water supply plan.
 1551  The element must identify such alternative water supply projects
 1552  and traditional water supply projects and conservation and reuse
 1553  necessary to meet the water needs identified in s. 373.709(2)(a)
 1554  within the local government’s jurisdiction and include a work
 1555  plan, covering at least a 10-year planning period, for building
 1556  public, private, and regional water supply facilities, including
 1557  development of alternative water supplies, which are identified
 1558  in the element as necessary to serve existing and new
 1559  development. The work plan shall be updated, at a minimum, every
 1560  5 years within 18 months after the governing board of a water
 1561  management district approves an updated regional water supply
 1562  plan. Amendments to incorporate the work plan do not count
 1563  toward the limitation on the frequency of adoption of amendments
 1564  to the comprehensive plan. Local governments, public and private
 1565  utilities, regional water supply authorities, special districts,
 1566  and water management districts are encouraged to cooperatively
 1567  plan for the development of multijurisdictional water supply
 1568  facilities that are sufficient to meet projected demands for
 1569  established planning periods, including the development of
 1570  alternative water sources to supplement traditional sources of
 1571  groundwater and surface water supplies.
 1572         (d) A conservation element for the conservation, use, and
 1573  protection of natural resources in the area, including air,
 1574  water, water recharge areas, wetlands, waterwells, estuarine
 1575  marshes, soils, beaches, shores, flood plains, rivers, bays,
 1576  lakes, harbors, forests, fisheries and wildlife, marine habitat,
 1577  minerals, and other natural and environmental resources,
 1578  including factors that affect energy conservation.
 1579         1. The following natural resources, where present within
 1580  the local government’s boundaries, shall be identified and
 1581  analyzed and existing recreational or conservation uses, known
 1582  pollution problems, including hazardous wastes, and the
 1583  potential for conservation, recreation, use, or protection shall
 1584  also be identified:
 1585         a. Rivers, bays, lakes, wetlands including estuarine
 1586  marshes, groundwaters, and springs, including information on
 1587  quality of the resource available.
 1588         b. Floodplains.
 1589         c. Known sources of commercially valuable minerals.
 1590         d. Areas known to have experienced soil erosion problems.
 1591         e. Areas that are the location of recreationally and
 1592  commercially important fish or shellfish, wildlife, marine
 1593  habitats, and vegetative communities, including forests,
 1594  indicating known dominant species present and species listed by
 1595  federal, state, or local government agencies as endangered,
 1596  threatened, or species of special concern.
 1597         2. The element must contain principles, guidelines, and
 1598  standards for conservation that provide long-term goals and
 1599  which:
 1600         a. Protects air quality.
 1601         b. Conserves, appropriately uses, and protects the quality
 1602  and quantity of current and projected water sources and waters
 1603  that flow into estuarine waters or oceanic waters and protect
 1604  from activities and land uses known to affect adversely the
 1605  quality and quantity of identified water sources, including
 1606  natural groundwater recharge areas, wellhead protection areas,
 1607  and surface waters used as a source of public water supply.
 1608         c. Provides for the emergency conservation of water sources
 1609  in accordance with the plans of the regional water management
 1610  district.
 1611         d. Conserves, appropriately uses, and protects minerals,
 1612  soils, and native vegetative communities, including forests,
 1613  from destruction by development activities.
 1614         e. Conserves, appropriately uses, and protects fisheries,
 1615  wildlife, wildlife habitat, and marine habitat and restricts
 1616  activities known to adversely affect the survival of endangered
 1617  and threatened wildlife.
 1618         f. Protects existing natural reservations identified in the
 1619  recreation and open space element.
 1620         g. Maintains cooperation with adjacent local governments to
 1621  conserve, appropriately use, or protect unique vegetative
 1622  communities located within more than one local jurisdiction.
 1623         h. Designates environmentally sensitive lands for
 1624  protection based on locally determined criteria which further
 1625  the goals and objectives of the conservation element.
 1626         i. Manages hazardous waste to protect natural resources.
 1627         j. Protects and conserves wetlands and the natural
 1628  functions of wetlands.
 1629         k. Directs future land uses that are incompatible with the
 1630  protection and conservation of wetlands and wetland functions
 1631  away from wetlands. The type, intensity or density, extent,
 1632  distribution, and location of allowable land uses and the types,
 1633  values, functions, sizes, conditions, and locations of wetlands
 1634  are land use factors that shall be considered when directing
 1635  incompatible land uses away from wetlands. Land uses shall be
 1636  distributed in a manner that minimizes the effect and impact on
 1637  wetlands. The protection and conservation of wetlands by the
 1638  direction of incompatible land uses away from wetlands shall
 1639  occur in combination with other principles, guidelines,
 1640  standards, and strategies in the comprehensive plan. Where
 1641  incompatible land uses are allowed to occur, mitigation shall be
 1642  considered as one means to compensate for loss of wetlands
 1643  functions.
 1644         3.Local governments shall assess their Current and, as
 1645  well as projected, water needs and sources for at least a 10
 1646  year period based on the demands for industrial, agricultural,
 1647  and potable water use and the quality and quantity of water
 1648  available to meet these demands shall be analyzed. The analysis
 1649  shall consider the existing levels of water conservation, use,
 1650  and protection and applicable policies of the regional water
 1651  management district and further must consider, considering the
 1652  appropriate regional water supply plan approved pursuant to s.
 1653  373.709, or, in the absence of an approved regional water supply
 1654  plan, the district water management plan approved pursuant to s.
 1655  373.036(2). This information shall be submitted to the
 1656  appropriate agencies. The land use map or map series contained
 1657  in the future land use element shall generally identify and
 1658  depict the following:
 1659         1. Existing and planned waterwells and cones of influence
 1660  where applicable.
 1661         2. Beaches and shores, including estuarine systems.
 1662         3. Rivers, bays, lakes, flood plains, and harbors.
 1663         4. Wetlands.
 1664         5. Minerals and soils.
 1665         6. Energy conservation.
 1666  
 1667  The land uses identified on such maps shall be consistent with
 1668  applicable state law and rules.
 1669         (e) A recreation and open space element indicating a
 1670  comprehensive system of public and private sites for recreation,
 1671  including, but not limited to, natural reservations, parks and
 1672  playgrounds, parkways, beaches and public access to beaches,
 1673  open spaces, waterways, and other recreational facilities.
 1674         (f)1. A housing element consisting of standards, plans, and
 1675  principles, guidelines, standards, and strategies to be followed
 1676  in:
 1677         a. The provision of housing for all current and anticipated
 1678  future residents of the jurisdiction.
 1679         b. The elimination of substandard dwelling conditions.
 1680         c. The structural and aesthetic improvement of existing
 1681  housing.
 1682         d. The provision of adequate sites for future housing,
 1683  including affordable workforce housing as defined in s.
 1684  380.0651(3)(h)(j), housing for low-income, very low-income, and
 1685  moderate-income families, mobile homes, and group home
 1686  facilities and foster care facilities, with supporting
 1687  infrastructure and public facilities.
 1688         e. Provision for relocation housing and identification of
 1689  historically significant and other housing for purposes of
 1690  conservation, rehabilitation, or replacement.
 1691         f. The formulation of housing implementation programs.
 1692         g. The creation or preservation of affordable housing to
 1693  minimize the need for additional local services and avoid the
 1694  concentration of affordable housing units only in specific areas
 1695  of the jurisdiction.
 1696         h. Energy efficiency in the design and construction of new
 1697  housing.
 1698         i. Use of renewable energy resources.
 1699         j. Each county in which the gap between the buying power of
 1700  a family of four and the median county home sale price exceeds
 1701  $170,000, as determined by the Florida Housing Finance
 1702  Corporation, and which is not designated as an area of critical
 1703  state concern shall adopt a plan for ensuring affordable
 1704  workforce housing. At a minimum, the plan shall identify
 1705  adequate sites for such housing. For purposes of this sub
 1706  subparagraph, the term “workforce housing” means housing that is
 1707  affordable to natural persons or families whose total household
 1708  income does not exceed 140 percent of the area median income,
 1709  adjusted for household size.
 1710         k. As a precondition to receiving any state affordable
 1711  housing funding or allocation for any project or program within
 1712  the jurisdiction of a county that is subject to sub-subparagraph
 1713  j., a county must, by July 1 of each year, provide certification
 1714  that the county has complied with the requirements of sub
 1715  subparagraph j.
 1716         2. The principles, guidelines, standards, and strategies
 1717  goals, objectives, and policies of the housing element must be
 1718  based on the data and analysis prepared on housing needs,
 1719  including an inventory taken from the latest decennial United
 1720  States Census or more recent estimates, which shall include the
 1721  number and distribution of dwelling units by type, tenure, age,
 1722  rent, value, monthly cost of owner-occupied units, and rent or
 1723  cost to income ratio, and shall show the number of dwelling
 1724  units that are substandard. The inventory shall also include the
 1725  methodology used to estimate the condition of housing, a
 1726  projection of the anticipated number of households by size,
 1727  income range, and age of residents derived from the population
 1728  projections, and the minimum housing need of the current and
 1729  anticipated future residents of the jurisdiction the affordable
 1730  housing needs assessment.
 1731         3. The housing element must express principles, guidelines,
 1732  standards, and strategies that reflect, as needed, the creation
 1733  and preservation of affordable housing for all current and
 1734  anticipated future residents of the jurisdiction, elimination of
 1735  substandard housing conditions, adequate sites, and distribution
 1736  of housing for a range of incomes and types, including mobile
 1737  and manufactured homes. The element must provide for specific
 1738  programs and actions to partner with private and nonprofit
 1739  sectors to address housing needs in the jurisdiction, streamline
 1740  the permitting process, and minimize costs and delays for
 1741  affordable housing, establish standards to address the quality
 1742  of housing, stabilization of neighborhoods, and identification
 1743  and improvement of historically significant housing.
 1744         4. State and federal housing plans prepared on behalf of
 1745  the local government must be consistent with the goals,
 1746  objectives, and policies of the housing element. Local
 1747  governments are encouraged to use job training, job creation,
 1748  and economic solutions to address a portion of their affordable
 1749  housing concerns.
 1750         2. To assist local governments in housing data collection
 1751  and analysis and assure uniform and consistent information
 1752  regarding the state’s housing needs, the state land planning
 1753  agency shall conduct an affordable housing needs assessment for
 1754  all local jurisdictions on a schedule that coordinates the
 1755  implementation of the needs assessment with the evaluation and
 1756  appraisal reports required by s. 163.3191. Each local government
 1757  shall utilize the data and analysis from the needs assessment as
 1758  one basis for the housing element of its local comprehensive
 1759  plan. The agency shall allow a local government the option to
 1760  perform its own needs assessment, if it uses the methodology
 1761  established by the agency by rule.
 1762         (g)1. For those units of local government identified in s.
 1763  380.24, a coastal management element, appropriately related to
 1764  the particular requirements of paragraphs (d) and (e) and
 1765  meeting the requirements of s. 163.3178(2) and (3). The coastal
 1766  management element shall set forth the principles, guidelines,
 1767  standards, and strategies policies that shall guide the local
 1768  government’s decisions and program implementation with respect
 1769  to the following objectives:
 1770         1.a.Maintain, restore, and enhance Maintenance,
 1771  restoration, and enhancement of the overall quality of the
 1772  coastal zone environment, including, but not limited to, its
 1773  amenities and aesthetic values.
 1774         2.b.Preserve the continued existence of viable populations
 1775  of all species of wildlife and marine life.
 1776         3.c.Protect the orderly and balanced utilization and
 1777  preservation, consistent with sound conservation principles, of
 1778  all living and nonliving coastal zone resources.
 1779         4.d.Avoid Avoidance of irreversible and irretrievable loss
 1780  of coastal zone resources.
 1781         5.e.Use ecological planning principles and assumptions to
 1782  be used in the determination of the suitability and extent of
 1783  permitted development.
 1784         f. Proposed management and regulatory techniques.
 1785         6.g.Limit Limitation of public expenditures that subsidize
 1786  development in high-hazard coastal high-hazard areas.
 1787         7.h.Protect Protection of human life against the effects
 1788  of natural disasters.
 1789         8.i.Direct the orderly development, maintenance, and use
 1790  of ports identified in s. 403.021(9) to facilitate deepwater
 1791  commercial navigation and other related activities.
 1792         9.j.Preserve historic and archaeological resources, which
 1793  include the Preservation, including sensitive adaptive use of
 1794  these historic and archaeological resources.
 1795         10. At the option of the local government, develop an
 1796  adaptation action area designation for those low-lying coastal
 1797  zones that are experiencing coastal flooding due to extreme high
 1798  tides and storm surge and are vulnerable to the impacts of
 1799  rising sea level. Local governments that adopt an adaptation
 1800  action area may consider policies within the coastal management
 1801  element to improve resilience to coastal flooding resulting from
 1802  high-tide events, storm surge, flash floods, stormwater runoff,
 1803  and related impacts of sea level rise. Criteria for the
 1804  adaptation action area may include, but need not be limited to,
 1805  areas for which the land elevations are below, at, or near mean
 1806  higher high water, which have an hydrologic connection to
 1807  coastal waters, or which are designated as evacuation zones for
 1808  storm surge.
 1809         2. As part of this element, a local government that has a
 1810  coastal management element in its comprehensive plan is
 1811  encouraged to adopt recreational surface water use policies that
 1812  include applicable criteria for and consider such factors as
 1813  natural resources, manatee protection needs, protection of
 1814  working waterfronts and public access to the water, and
 1815  recreation and economic demands. Criteria for manatee protection
 1816  in the recreational surface water use policies should reflect
 1817  applicable guidance outlined in the Boat Facility Siting Guide
 1818  prepared by the Fish and Wildlife Conservation Commission. If
 1819  the local government elects to adopt recreational surface water
 1820  use policies by comprehensive plan amendment, such comprehensive
 1821  plan amendment is exempt from the provisions of s. 163.3187(1).
 1822  Local governments that wish to adopt recreational surface water
 1823  use policies may be eligible for assistance with the development
 1824  of such policies through the Florida Coastal Management Program.
 1825  The Office of Program Policy Analysis and Government
 1826  Accountability shall submit a report on the adoption of
 1827  recreational surface water use policies under this subparagraph
 1828  to the President of the Senate, the Speaker of the House of
 1829  Representatives, and the majority and minority leaders of the
 1830  Senate and the House of Representatives no later than December
 1831  1, 2010.
 1832         (h)1. An intergovernmental coordination element showing
 1833  relationships and stating principles and guidelines to be used
 1834  in coordinating the adopted comprehensive plan with the plans of
 1835  school boards, regional water supply authorities, and other
 1836  units of local government providing services but not having
 1837  regulatory authority over the use of land, with the
 1838  comprehensive plans of adjacent municipalities, the county,
 1839  adjacent counties, or the region, with the state comprehensive
 1840  plan and with the applicable regional water supply plan approved
 1841  pursuant to s. 373.709, as the case may require and as such
 1842  adopted plans or plans in preparation may exist. This element of
 1843  the local comprehensive plan must demonstrate consideration of
 1844  the particular effects of the local plan, when adopted, upon the
 1845  development of adjacent municipalities, the county, adjacent
 1846  counties, or the region, or upon the state comprehensive plan,
 1847  as the case may require.
 1848         a. The intergovernmental coordination element must provide
 1849  procedures for identifying and implementing joint planning
 1850  areas, especially for the purpose of annexation, municipal
 1851  incorporation, and joint infrastructure service areas.
 1852         b. The intergovernmental coordination element must provide
 1853  for recognition of campus master plans prepared pursuant to s.
 1854  1013.30 and airport master plans under paragraph (k).
 1855         c. The intergovernmental coordination element shall provide
 1856  for a dispute resolution process, as established pursuant to s.
 1857  186.509, for bringing intergovernmental disputes to closure in a
 1858  timely manner.
 1859         c.d. The intergovernmental coordination element shall
 1860  provide for interlocal agreements as established pursuant to s.
 1861  333.03(1)(b).
 1862         2. The intergovernmental coordination element shall also
 1863  state principles and guidelines to be used in coordinating the
 1864  adopted comprehensive plan with the plans of school boards and
 1865  other units of local government providing facilities and
 1866  services but not having regulatory authority over the use of
 1867  land. In addition, the intergovernmental coordination element
 1868  must describe joint processes for collaborative planning and
 1869  decisionmaking on population projections and public school
 1870  siting, the location and extension of public facilities subject
 1871  to concurrency, and siting facilities with countywide
 1872  significance, including locally unwanted land uses whose nature
 1873  and identity are established in an agreement.
 1874         3. Within 1 year after adopting their intergovernmental
 1875  coordination elements, each county, all the municipalities
 1876  within that county, the district school board, and any unit of
 1877  local government service providers in that county shall
 1878  establish by interlocal or other formal agreement executed by
 1879  all affected entities, the joint processes described in this
 1880  subparagraph consistent with their adopted intergovernmental
 1881  coordination elements. The element must:
 1882         a. Ensure that the local government addresses through
 1883  coordination mechanisms the impacts of development proposed in
 1884  the local comprehensive plan upon development in adjacent
 1885  municipalities, the county, adjacent counties, the region, and
 1886  the state. The area of concern for municipalities shall include
 1887  adjacent municipalities, the county, and counties adjacent to
 1888  the municipality. The area of concern for counties shall include
 1889  all municipalities within the county, adjacent counties, and
 1890  adjacent municipalities.
 1891         b. Ensure coordination in establishing level of service
 1892  standards for public facilities with any state, regional, or
 1893  local entity having operational and maintenance responsibility
 1894  for such facilities.
 1895         3. To foster coordination between special districts and
 1896  local general-purpose governments as local general-purpose
 1897  governments implement local comprehensive plans, each
 1898  independent special district must submit a public facilities
 1899  report to the appropriate local government as required by s.
 1900  189.415.
 1901         4. Local governments shall execute an interlocal agreement
 1902  with the district school board, the county, and nonexempt
 1903  municipalities pursuant to s. 163.31777. The local government
 1904  shall amend the intergovernmental coordination element to ensure
 1905  that coordination between the local government and school board
 1906  is pursuant to the agreement and shall state the obligations of
 1907  the local government under the agreement. Plan amendments that
 1908  comply with this subparagraph are exempt from the provisions of
 1909  s. 163.3187(1).
 1910         5. By January 1, 2004, any county having a population
 1911  greater than 100,000, and the municipalities and special
 1912  districts within that county, shall submit a report to the
 1913  Department of Community Affairs which identifies:
 1914         a.  All existing or proposed interlocal service delivery
 1915  agreements relating to education; sanitary sewer; public safety;
 1916  solid waste; drainage; potable water; parks and recreation; and
 1917  transportation facilities.
 1918         b.  Any deficits or duplication in the provision of
 1919  services within its jurisdiction, whether capital or
 1920  operational. Upon request, the Department of Community Affairs
 1921  shall provide technical assistance to the local governments in
 1922  identifying deficits or duplication.
 1923         6. Within 6 months after submission of the report, the
 1924  Department of Community Affairs shall, through the appropriate
 1925  regional planning council, coordinate a meeting of all local
 1926  governments within the regional planning area to discuss the
 1927  reports and potential strategies to remedy any identified
 1928  deficiencies or duplications.
 1929         7. Each local government shall update its intergovernmental
 1930  coordination element based upon the findings in the report
 1931  submitted pursuant to subparagraph 5. The report may be used as
 1932  supporting data and analysis for the intergovernmental
 1933  coordination element.
 1934         (i) The optional elements of the comprehensive plan in
 1935  paragraphs (7)(a) and (b) are required elements for those
 1936  municipalities having populations greater than 50,000, and those
 1937  counties having populations greater than 75,000, as determined
 1938  under s. 186.901.
 1939         (j) For each unit of local government within an urbanized
 1940  area designated for purposes of s. 339.175, a transportation
 1941  element, which must be prepared and adopted in lieu of the
 1942  requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
 1943  and (d) and which shall address the following issues:
 1944         1. Traffic circulation, including major thoroughfares and
 1945  other routes, including bicycle and pedestrian ways.
 1946         2. All alternative modes of travel, such as public
 1947  transportation, pedestrian, and bicycle travel.
 1948         3. Parking facilities.
 1949         4. Aviation, rail, seaport facilities, access to those
 1950  facilities, and intermodal terminals.
 1951         5. The availability of facilities and services to serve
 1952  existing land uses and the compatibility between future land use
 1953  and transportation elements.
 1954         6. The capability to evacuate the coastal population prior
 1955  to an impending natural disaster.
 1956         7. Airports, projected airport and aviation development,
 1957  and land use compatibility around airports, which includes areas
 1958  defined in ss. 333.01 and 333.02.
 1959         8. An identification of land use densities, building
 1960  intensities, and transportation management programs to promote
 1961  public transportation systems in designated public
 1962  transportation corridors so as to encourage population densities
 1963  sufficient to support such systems.
 1964         9. May include transportation corridors, as defined in s.
 1965  334.03, intended for future transportation facilities designated
 1966  pursuant to s. 337.273. If transportation corridors are
 1967  designated, the local government may adopt a transportation
 1968  corridor management ordinance.
 1969         10. The incorporation of transportation strategies to
 1970  address reduction in greenhouse gas emissions from the
 1971  transportation sector.
 1972         (k) An airport master plan, and any subsequent amendments
 1973  to the airport master plan, prepared by a licensed publicly
 1974  owned and operated airport under s. 333.06 may be incorporated
 1975  into the local government comprehensive plan by the local
 1976  government having jurisdiction under this act for the area in
 1977  which the airport or projected airport development is located by
 1978  the adoption of a comprehensive plan amendment. In the amendment
 1979  to the local comprehensive plan that integrates the airport
 1980  master plan, the comprehensive plan amendment shall address land
 1981  use compatibility consistent with chapter 333 regarding airport
 1982  zoning; the provision of regional transportation facilities for
 1983  the efficient use and operation of the transportation system and
 1984  airport; consistency with the local government transportation
 1985  circulation element and applicable metropolitan planning
 1986  organization long-range transportation plans; and the execution
 1987  of any necessary interlocal agreements for the purposes of the
 1988  provision of public facilities and services to maintain the
 1989  adopted level-of-service standards for facilities subject to
 1990  concurrency; and may address airport-related or aviation-related
 1991  development. Development or expansion of an airport consistent
 1992  with the adopted airport master plan that has been incorporated
 1993  into the local comprehensive plan in compliance with this part,
 1994  and airport-related or aviation-related development that has
 1995  been addressed in the comprehensive plan amendment that
 1996  incorporates the airport master plan, shall not be a development
 1997  of regional impact. Notwithstanding any other general law, an
 1998  airport that has received a development-of-regional-impact
 1999  development order pursuant to s. 380.06, but which is no longer
 2000  required to undergo development-of-regional-impact review
 2001  pursuant to this subsection, may abandon its development-of
 2002  regional-impact order upon written notification to the
 2003  applicable local government. Upon receipt by the local
 2004  government, the development-of-regional-impact development order
 2005  is void.
 2006         (7) The comprehensive plan may include the following
 2007  additional elements, or portions or phases thereof:
 2008         (a) As a part of the circulation element of paragraph
 2009  (6)(b) or as a separate element, a mass-transit element showing
 2010  proposed methods for the moving of people, rights-of-way,
 2011  terminals, related facilities, and fiscal considerations for the
 2012  accomplishment of the element.
 2013         (b) As a part of the circulation element of paragraph
 2014  (6)(b) or as a separate element, plans for port, aviation, and
 2015  related facilities coordinated with the general circulation and
 2016  transportation element.
 2017         (c) As a part of the circulation element of paragraph
 2018  (6)(b) and in coordination with paragraph (6)(e), where
 2019  applicable, a plan element for the circulation of recreational
 2020  traffic, including bicycle facilities, exercise trails, riding
 2021  facilities, and such other matters as may be related to the
 2022  improvement and safety of movement of all types of recreational
 2023  traffic.
 2024         (d) As a part of the circulation element of paragraph
 2025  (6)(b) or as a separate element, a plan element for the
 2026  development of offstreet parking facilities for motor vehicles
 2027  and the fiscal considerations for the accomplishment of the
 2028  element.
 2029         (e) A public buildings and related facilities element
 2030  showing locations and arrangements of civic and community
 2031  centers, public schools, hospitals, libraries, police and fire
 2032  stations, and other public buildings. This plan element should
 2033  show particularly how it is proposed to effect coordination with
 2034  governmental units, such as school boards or hospital
 2035  authorities, having public development and service
 2036  responsibilities, capabilities, and potential but not having
 2037  land development regulatory authority. This element may include
 2038  plans for architecture and landscape treatment of their grounds.
 2039         (f) A recommended community design element which may
 2040  consist of design recommendations for land subdivision,
 2041  neighborhood development and redevelopment, design of open space
 2042  locations, and similar matters to the end that such
 2043  recommendations may be available as aids and guides to
 2044  developers in the future planning and development of land in the
 2045  area.
 2046         (g) A general area redevelopment element consisting of
 2047  plans and programs for the redevelopment of slums and blighted
 2048  locations in the area and for community redevelopment, including
 2049  housing sites, business and industrial sites, public buildings
 2050  sites, recreational facilities, and other purposes authorized by
 2051  law.
 2052         (h) A safety element for the protection of residents and
 2053  property of the area from fire, hurricane, or manmade or natural
 2054  catastrophe, including such necessary features for protection as
 2055  evacuation routes and their control in an emergency, water
 2056  supply requirements, minimum road widths, clearances around and
 2057  elevations of structures, and similar matters.
 2058         (i) An historical and scenic preservation element setting
 2059  out plans and programs for those structures or lands in the area
 2060  having historical, archaeological, architectural, scenic, or
 2061  similar significance.
 2062         (j) An economic element setting forth principles and
 2063  guidelines for the commercial and industrial development, if
 2064  any, and the employment and personnel utilization within the
 2065  area. The element may detail the type of commercial and
 2066  industrial development sought, correlated to the present and
 2067  projected employment needs of the area and to other elements of
 2068  the plans, and may set forth methods by which a balanced and
 2069  stable economic base will be pursued.
 2070         (k) Such other elements as may be peculiar to, and
 2071  necessary for, the area concerned and as are added to the
 2072  comprehensive plan by the governing body upon the recommendation
 2073  of the local planning agency.
 2074         (l) Local governments that are not required to prepare
 2075  coastal management elements under s. 163.3178 are encouraged to
 2076  adopt hazard mitigation/postdisaster redevelopment plans. These
 2077  plans should, at a minimum, establish long-term policies
 2078  regarding redevelopment, infrastructure, densities,
 2079  nonconforming uses, and future land use patterns. Grants to
 2080  assist local governments in the preparation of these hazard
 2081  mitigation/postdisaster redevelopment plans shall be available
 2082  through the Emergency Management Preparedness and Assistance
 2083  Account in the Grants and Donations Trust Fund administered by
 2084  the department, if such account is created by law. The plans
 2085  must be in compliance with the requirements of this act and
 2086  chapter 252.
 2087         (8) All elements of the comprehensive plan, whether
 2088  mandatory or optional, shall be based upon data appropriate to
 2089  the element involved. Surveys and studies utilized in the
 2090  preparation of the comprehensive plan shall not be deemed a part
 2091  of the comprehensive plan unless adopted as a part of it. Copies
 2092  of such studies, surveys, and supporting documents shall be made
 2093  available to public inspection, and copies of such plans shall
 2094  be made available to the public upon payment of reasonable
 2095  charges for reproduction.
 2096         (9) The state land planning agency shall, by February 15,
 2097  1986, adopt by rule minimum criteria for the review and
 2098  determination of compliance of the local government
 2099  comprehensive plan elements required by this act. Such rules
 2100  shall not be subject to rule challenges under s. 120.56(2) or to
 2101  drawout proceedings under s. 120.54(3)(c)2. Such rules shall
 2102  become effective only after they have been submitted to the
 2103  President of the Senate and the Speaker of the House of
 2104  Representatives for review by the Legislature no later than 30
 2105  days prior to the next regular session of the Legislature. In
 2106  its review the Legislature may reject, modify, or take no action
 2107  relative to the rules. The agency shall conform the rules to the
 2108  changes made by the Legislature, or, if no action was taken, the
 2109  agency rules shall become effective. The rule shall include
 2110  criteria for determining whether:
 2111         (a) Proposed elements are in compliance with the
 2112  requirements of part II, as amended by this act.
 2113         (b) Other elements of the comprehensive plan are related to
 2114  and consistent with each other.
 2115         (c) The local government comprehensive plan elements are
 2116  consistent with the state comprehensive plan and the appropriate
 2117  regional policy plan pursuant to s. 186.508.
 2118         (d) Certain bays, estuaries, and harbors that fall under
 2119  the jurisdiction of more than one local government are managed
 2120  in a consistent and coordinated manner in the case of local
 2121  governments required to include a coastal management element in
 2122  their comprehensive plans pursuant to paragraph (6)(g).
 2123         (e) Proposed elements identify the mechanisms and
 2124  procedures for monitoring, evaluating, and appraising
 2125  implementation of the plan. Specific measurable objectives are
 2126  included to provide a basis for evaluating effectiveness as
 2127  required by s. 163.3191.
 2128         (f) Proposed elements contain policies to guide future
 2129  decisions in a consistent manner.
 2130         (g) Proposed elements contain programs and activities to
 2131  ensure that comprehensive plans are implemented.
 2132         (h) Proposed elements identify the need for and the
 2133  processes and procedures to ensure coordination of all
 2134  development activities and services with other units of local
 2135  government, regional planning agencies, water management
 2136  districts, and state and federal agencies as appropriate.
 2137  
 2138  The state land planning agency may adopt procedural rules that
 2139  are consistent with this section and chapter 120 for the review
 2140  of local government comprehensive plan elements required under
 2141  this section. The state land planning agency shall provide model
 2142  plans and ordinances and, upon request, other assistance to
 2143  local governments in the adoption and implementation of their
 2144  revised local government comprehensive plans. The review and
 2145  comment provisions applicable prior to October 1, 1985, shall
 2146  continue in effect until the criteria for review and
 2147  determination are adopted pursuant to this subsection and the
 2148  comprehensive plans required by s. 163.3167(2) are due.
 2149         (10) The Legislature recognizes the importance and
 2150  significance of chapter 9J-5, Florida Administrative Code, the
 2151  Minimum Criteria for Review of Local Government Comprehensive
 2152  Plans and Determination of Compliance of the Department of
 2153  Community Affairs that will be used to determine compliance of
 2154  local comprehensive plans. The Legislature reserved unto itself
 2155  the right to review chapter 9J-5, Florida Administrative Code,
 2156  and to reject, modify, or take no action relative to this rule.
 2157  Therefore, pursuant to subsection (9), the Legislature hereby
 2158  has reviewed chapter 9J-5, Florida Administrative Code, and
 2159  expresses the following legislative intent:
 2160         (a) The Legislature finds that in order for the department
 2161  to review local comprehensive plans, it is necessary to define
 2162  the term “consistency.” Therefore, for the purpose of
 2163  determining whether local comprehensive plans are consistent
 2164  with the state comprehensive plan and the appropriate regional
 2165  policy plan, a local plan shall be consistent with such plans if
 2166  the local plan is “compatible with” and “furthers” such plans.
 2167  The term “compatible with” means that the local plan is not in
 2168  conflict with the state comprehensive plan or appropriate
 2169  regional policy plan. The term “furthers” means to take action
 2170  in the direction of realizing goals or policies of the state or
 2171  regional plan. For the purposes of determining consistency of
 2172  the local plan with the state comprehensive plan or the
 2173  appropriate regional policy plan, the state or regional plan
 2174  shall be construed as a whole and no specific goal and policy
 2175  shall be construed or applied in isolation from the other goals
 2176  and policies in the plans.
 2177         (b) Each local government shall review all the state
 2178  comprehensive plan goals and policies and shall address in its
 2179  comprehensive plan the goals and policies which are relevant to
 2180  the circumstances or conditions in its jurisdiction. The
 2181  decision regarding which particular state comprehensive plan
 2182  goals and policies will be furthered by the expenditure of a
 2183  local government’s financial resources in any given year is a
 2184  decision which rests solely within the discretion of the local
 2185  government. Intergovernmental coordination, as set forth in
 2186  paragraph (6)(h), shall be utilized to the extent required to
 2187  carry out the provisions of chapter 9J-5, Florida Administrative
 2188  Code.
 2189         (c) The Legislature declares that if any portion of chapter
 2190  9J-5, Florida Administrative Code, is found to be in conflict
 2191  with this part, the appropriate statutory provision shall
 2192  prevail.
 2193         (d) Chapter 9J-5, Florida Administrative Code, does not
 2194  mandate the creation, limitation, or elimination of regulatory
 2195  authority, nor does it authorize the adoption or require the
 2196  repeal of any rules, criteria, or standards of any local,
 2197  regional, or state agency.
 2198         (e) It is the Legislature’s intent that support data or
 2199  summaries thereof shall not be subject to the compliance review
 2200  process, but the Legislature intends that goals and policies be
 2201  clearly based on appropriate data. The department may utilize
 2202  support data or summaries thereof to aid in its determination of
 2203  compliance and consistency. The Legislature intends that the
 2204  department may evaluate the application of a methodology
 2205  utilized in data collection or whether a particular methodology
 2206  is professionally accepted. However, the department shall not
 2207  evaluate whether one accepted methodology is better than
 2208  another. Chapter 9J-5, Florida Administrative Code, shall not be
 2209  construed to require original data collection by local
 2210  governments; however, Local governments are not to be
 2211  discouraged from utilizing original data so long as
 2212  methodologies are professionally accepted.
 2213         (f) The Legislature recognizes that under this section,
 2214  local governments are charged with setting levels of service for
 2215  public facilities in their comprehensive plans in accordance
 2216  with which development orders and permits will be issued
 2217  pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
 2218  the authority of state, regional, or local agencies as otherwise
 2219  provided by law.
 2220         (g) Definitions contained in chapter 9J-5, Florida
 2221  Administrative Code, are not intended to modify or amend the
 2222  definitions utilized for purposes of other programs or rules or
 2223  to establish or limit regulatory authority. Local governments
 2224  may establish alternative definitions in local comprehensive
 2225  plans, as long as such definitions accomplish the intent of this
 2226  chapter, and chapter 9J-5, Florida Administrative Code.
 2227         (h) It is the intent of the Legislature that public
 2228  facilities and services needed to support development shall be
 2229  available concurrent with the impacts of such development in
 2230  accordance with s. 163.3180. In meeting this intent, public
 2231  facility and service availability shall be deemed sufficient if
 2232  the public facilities and services for a development are phased,
 2233  or the development is phased, so that the public facilities and
 2234  those related services which are deemed necessary by the local
 2235  government to operate the facilities necessitated by that
 2236  development are available concurrent with the impacts of the
 2237  development. The public facilities and services, unless already
 2238  available, are to be consistent with the capital improvements
 2239  element of the local comprehensive plan as required by paragraph
 2240  (3)(a) or guaranteed in an enforceable development agreement.
 2241  This shall include development agreements pursuant to this
 2242  chapter or in an agreement or a development order issued
 2243  pursuant to chapter 380. Nothing herein shall be construed to
 2244  require a local government to address services in its capital
 2245  improvements plan or to limit a local government’s ability to
 2246  address any service in its capital improvements plan that it
 2247  deems necessary.
 2248         (i) The department shall take into account the factors
 2249  delineated in rule 9J-5.002(2), Florida Administrative Code, as
 2250  it provides assistance to local governments and applies the rule
 2251  in specific situations with regard to the detail of the data and
 2252  analysis required.
 2253         (j) Chapter 9J-5, Florida Administrative Code, has become
 2254  effective pursuant to subsection (9). The Legislature hereby
 2255  directs the department to adopt amendments as necessary which
 2256  conform chapter 9J-5, Florida Administrative Code, with the
 2257  requirements of this legislative intent by October 1, 1986.
 2258         (k) In order for local governments to prepare and adopt
 2259  comprehensive plans with knowledge of the rules that are applied
 2260  to determine consistency of the plans with this part, there
 2261  should be no doubt as to the legal standing of chapter 9J-5,
 2262  Florida Administrative Code, at the close of the 1986
 2263  legislative session. Therefore, the Legislature declares that
 2264  changes made to chapter 9J-5 before October 1, 1986, are not
 2265  subject to rule challenges under s. 120.56(2), or to drawout
 2266  proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
 2267  Florida Administrative Code, as amended, is subject to rule
 2268  challenges under s. 120.56(3), as nothing herein indicates
 2269  approval or disapproval of any portion of chapter 9J-5 not
 2270  specifically addressed herein. Any amendments to chapter 9J-5,
 2271  Florida Administrative Code, exclusive of the amendments adopted
 2272  prior to October 1, 1986, pursuant to this act, shall be subject
 2273  to the full chapter 120 process. All amendments shall have
 2274  effective dates as provided in chapter 120 and submission to the
 2275  President of the Senate and Speaker of the House of
 2276  Representatives shall not be required.
 2277         (l) The state land planning agency shall consider land use
 2278  compatibility issues in the vicinity of all airports in
 2279  coordination with the Department of Transportation and adjacent
 2280  to or in close proximity to all military installations in
 2281  coordination with the Department of Defense.
 2282         (11)(a) The Legislature recognizes the need for innovative
 2283  planning and development strategies which will address the
 2284  anticipated demands of continued urbanization of Florida’s
 2285  coastal and other environmentally sensitive areas, and which
 2286  will accommodate the development of less populated regions of
 2287  the state which seek economic development and which have
 2288  suitable land and water resources to accommodate growth in an
 2289  environmentally acceptable manner. The Legislature further
 2290  recognizes the substantial advantages of innovative approaches
 2291  to development which may better serve to protect environmentally
 2292  sensitive areas, maintain the economic viability of agricultural
 2293  and other predominantly rural land uses, and provide for the
 2294  cost-efficient delivery of public facilities and services.
 2295         (b) It is the intent of the Legislature that the local
 2296  government comprehensive plans and plan amendments adopted
 2297  pursuant to the provisions of this part provide for a planning
 2298  process which allows for land use efficiencies within existing
 2299  urban areas and which also allows for the conversion of rural
 2300  lands to other uses, where appropriate and consistent with the
 2301  other provisions of this part and the affected local
 2302  comprehensive plans, through the application of innovative and
 2303  flexible planning and development strategies and creative land
 2304  use planning techniques, which may include, but not be limited
 2305  to, urban villages, new towns, satellite communities, area-based
 2306  allocations, clustering and open space provisions, mixed-use
 2307  development, and sector planning.
 2308         (c) It is the further intent of the Legislature that local
 2309  government comprehensive plans and implementing land development
 2310  regulations shall provide strategies which maximize the use of
 2311  existing facilities and services through redevelopment, urban
 2312  infill development, and other strategies for urban
 2313  revitalization.
 2314         (d)1. The department, in cooperation with the Department of
 2315  Agriculture and Consumer Services, the Department of
 2316  Environmental Protection, water management districts, and
 2317  regional planning councils, shall provide assistance to local
 2318  governments in the implementation of this paragraph and rule 9J
 2319  5.006(5)(l), Florida Administrative Code. Implementation of
 2320  those provisions shall include a process by which the department
 2321  may authorize local governments to designate all or portions of
 2322  lands classified in the future land use element as predominantly
 2323  agricultural, rural, open, open-rural, or a substantively
 2324  equivalent land use, as a rural land stewardship area within
 2325  which planning and economic incentives are applied to encourage
 2326  the implementation of innovative and flexible planning and
 2327  development strategies and creative land use planning
 2328  techniques, including those contained herein and in rule 9J
 2329  5.006(5)(l), Florida Administrative Code. Assistance may
 2330  include, but is not limited to:
 2331         a. Assistance from the Department of Environmental
 2332  Protection and water management districts in creating the
 2333  geographic information systems land cover database and aerial
 2334  photogrammetry needed to prepare for a rural land stewardship
 2335  area;
 2336         b. Support for local government implementation of rural
 2337  land stewardship concepts by providing information and
 2338  assistance to local governments regarding land acquisition
 2339  programs that may be used by the local government or landowners
 2340  to leverage the protection of greater acreage and maximize the
 2341  effectiveness of rural land stewardship areas; and
 2342         c. Expansion of the role of the Department of Community
 2343  Affairs as a resource agency to facilitate establishment of
 2344  rural land stewardship areas in smaller rural counties that do
 2345  not have the staff or planning budgets to create a rural land
 2346  stewardship area.
 2347         2. The department shall encourage participation by local
 2348  governments of different sizes and rural characteristics in
 2349  establishing and implementing rural land stewardship areas. It
 2350  is the intent of the Legislature that rural land stewardship
 2351  areas be used to further the following broad principles of rural
 2352  sustainability: restoration and maintenance of the economic
 2353  value of rural land; control of urban sprawl; identification and
 2354  protection of ecosystems, habitats, and natural resources;
 2355  promotion of rural economic activity; maintenance of the
 2356  viability of Florida’s agricultural economy; and protection of
 2357  the character of rural areas of Florida. Rural land stewardship
 2358  areas may be multicounty in order to encourage coordinated
 2359  regional stewardship planning.
 2360         3. A local government, in conjunction with a regional
 2361  planning council, a stakeholder organization of private land
 2362  owners, or another local government, shall notify the department
 2363  in writing of its intent to designate a rural land stewardship
 2364  area. The written notification shall describe the basis for the
 2365  designation, including the extent to which the rural land
 2366  stewardship area enhances rural land values, controls urban
 2367  sprawl, provides necessary open space for agriculture and
 2368  protection of the natural environment, promotes rural economic
 2369  activity, and maintains rural character and the economic
 2370  viability of agriculture.
 2371         4. A rural land stewardship area shall be not less than
 2372  10,000 acres and shall be located outside of municipalities and
 2373  established urban growth boundaries, and shall be designated by
 2374  plan amendment. The plan amendment designating a rural land
 2375  stewardship area shall be subject to review by the Department of
 2376  Community Affairs pursuant to s. 163.3184 and shall provide for
 2377  the following:
 2378         a. Criteria for the designation of receiving areas within
 2379  rural land stewardship areas in which innovative planning and
 2380  development strategies may be applied. Criteria shall at a
 2381  minimum provide for the following: adequacy of suitable land to
 2382  accommodate development so as to avoid conflict with
 2383  environmentally sensitive areas, resources, and habitats;
 2384  compatibility between and transition from higher density uses to
 2385  lower intensity rural uses; the establishment of receiving area
 2386  service boundaries which provide for a separation between
 2387  receiving areas and other land uses within the rural land
 2388  stewardship area through limitations on the extension of
 2389  services; and connection of receiving areas with the rest of the
 2390  rural land stewardship area using rural design and rural road
 2391  corridors.
 2392         b. Goals, objectives, and policies setting forth the
 2393  innovative planning and development strategies to be applied
 2394  within rural land stewardship areas pursuant to the provisions
 2395  of this section.
 2396         c. A process for the implementation of innovative planning
 2397  and development strategies within the rural land stewardship
 2398  area, including those described in this subsection and rule 9J
 2399  5.006(5)(l), Florida Administrative Code, which provide for a
 2400  functional mix of land uses, including adequate available
 2401  workforce housing, including low, very-low and moderate income
 2402  housing for the development anticipated in the receiving area
 2403  and which are applied through the adoption by the local
 2404  government of zoning and land development regulations applicable
 2405  to the rural land stewardship area.
 2406         d. A process which encourages visioning pursuant to s.
 2407  163.3167(11) to ensure that innovative planning and development
 2408  strategies comply with the provisions of this section.
 2409         e. The control of sprawl through the use of innovative
 2410  strategies and creative land use techniques consistent with the
 2411  provisions of this subsection and rule 9J-5.006(5)(l), Florida
 2412  Administrative Code.
 2413         5. A receiving area shall be designated by the adoption of
 2414  a land development regulation. Prior to the designation of a
 2415  receiving area, the local government shall provide the
 2416  Department of Community Affairs a period of 30 days in which to
 2417  review a proposed receiving area for consistency with the rural
 2418  land stewardship area plan amendment and to provide comments to
 2419  the local government. At the time of designation of a
 2420  stewardship receiving area, a listed species survey will be
 2421  performed. If listed species occur on the receiving area site,
 2422  the developer shall coordinate with each appropriate local,
 2423  state, or federal agency to determine if adequate provisions
 2424  have been made to protect those species in accordance with
 2425  applicable regulations. In determining the adequacy of
 2426  provisions for the protection of listed species and their
 2427  habitats, the rural land stewardship area shall be considered as
 2428  a whole, and the impacts to areas to be developed as receiving
 2429  areas shall be considered together with the environmental
 2430  benefits of areas protected as sending areas in fulfilling this
 2431  criteria.
 2432         6. Upon the adoption of a plan amendment creating a rural
 2433  land stewardship area, the local government shall, by ordinance,
 2434  establish the methodology for the creation, conveyance, and use
 2435  of transferable rural land use credits, otherwise referred to as
 2436  stewardship credits, the application of which shall not
 2437  constitute a right to develop land, nor increase density of
 2438  land, except as provided by this section. The total amount of
 2439  transferable rural land use credits within the rural land
 2440  stewardship area must enable the realization of the long-term
 2441  vision and goals for the 25-year or greater projected population
 2442  of the rural land stewardship area, which may take into
 2443  consideration the anticipated effect of the proposed receiving
 2444  areas. Transferable rural land use credits are subject to the
 2445  following limitations:
 2446         a. Transferable rural land use credits may only exist
 2447  within a rural land stewardship area.
 2448         b. Transferable rural land use credits may only be used on
 2449  lands designated as receiving areas and then solely for the
 2450  purpose of implementing innovative planning and development
 2451  strategies and creative land use planning techniques adopted by
 2452  the local government pursuant to this section.
 2453         c. Transferable rural land use credits assigned to a parcel
 2454  of land within a rural land stewardship area shall cease to
 2455  exist if the parcel of land is removed from the rural land
 2456  stewardship area by plan amendment.
 2457         d. Neither the creation of the rural land stewardship area
 2458  by plan amendment nor the assignment of transferable rural land
 2459  use credits by the local government shall operate to displace
 2460  the underlying density of land uses assigned to a parcel of land
 2461  within the rural land stewardship area; however, if transferable
 2462  rural land use credits are transferred from a parcel for use
 2463  within a designated receiving area, the underlying density
 2464  assigned to the parcel of land shall cease to exist.
 2465         e. The underlying density on each parcel of land located
 2466  within a rural land stewardship area shall not be increased or
 2467  decreased by the local government, except as a result of the
 2468  conveyance or use of transferable rural land use credits, as
 2469  long as the parcel remains within the rural land stewardship
 2470  area.
 2471         f. Transferable rural land use credits shall cease to exist
 2472  on a parcel of land where the underlying density assigned to the
 2473  parcel of land is utilized.
 2474         g. An increase in the density of use on a parcel of land
 2475  located within a designated receiving area may occur only
 2476  through the assignment or use of transferable rural land use
 2477  credits and shall not require a plan amendment.
 2478         h. A change in the density of land use on parcels located
 2479  within receiving areas shall be specified in a development order
 2480  which reflects the total number of transferable rural land use
 2481  credits assigned to the parcel of land and the infrastructure
 2482  and support services necessary to provide for a functional mix
 2483  of land uses corresponding to the plan of development.
 2484         i. Land within a rural land stewardship area may be removed
 2485  from the rural land stewardship area through a plan amendment.
 2486         j. Transferable rural land use credits may be assigned at
 2487  different ratios of credits per acre according to the natural
 2488  resource or other beneficial use characteristics of the land and
 2489  according to the land use remaining following the transfer of
 2490  credits, with the highest number of credits per acre assigned to
 2491  the most environmentally valuable land or, in locations where
 2492  the retention of open space and agricultural land is a priority,
 2493  to such lands.
 2494         k. The use or conveyance of transferable rural land use
 2495  credits must be recorded in the public records of the county in
 2496  which the property is located as a covenant or restrictive
 2497  easement running with the land in favor of the county and either
 2498  the Department of Environmental Protection, Department of
 2499  Agriculture and Consumer Services, a water management district,
 2500  or a recognized statewide land trust.
 2501         7. Owners of land within rural land stewardship areas
 2502  should be provided incentives to enter into rural land
 2503  stewardship agreements, pursuant to existing law and rules
 2504  adopted thereto, with state agencies, water management
 2505  districts, and local governments to achieve mutually agreed upon
 2506  conservation objectives. Such incentives may include, but not be
 2507  limited to, the following:
 2508         a. Opportunity to accumulate transferable mitigation
 2509  credits.
 2510         b. Extended permit agreements.
 2511         c. Opportunities for recreational leases and ecotourism.
 2512         d. Payment for specified land management services on
 2513  publicly owned land, or property under covenant or restricted
 2514  easement in favor of a public entity.
 2515         e. Option agreements for sale to public entities or private
 2516  land conservation entities, in either fee or easement, upon
 2517  achievement of conservation objectives.
 2518         8. The department shall report to the Legislature on an
 2519  annual basis on the results of implementation of rural land
 2520  stewardship areas authorized by the department, including
 2521  successes and failures in achieving the intent of the
 2522  Legislature as expressed in this paragraph.
 2523         (e) The Legislature finds that mixed-use, high-density
 2524  development is appropriate for urban infill and redevelopment
 2525  areas. Mixed-use projects accommodate a variety of uses,
 2526  including residential and commercial, and usually at higher
 2527  densities that promote pedestrian-friendly, sustainable
 2528  communities. The Legislature recognizes that mixed-use, high
 2529  density development improves the quality of life for residents
 2530  and businesses in urban areas. The Legislature finds that mixed
 2531  use, high-density redevelopment and infill benefits residents by
 2532  creating a livable community with alternative modes of
 2533  transportation. Furthermore, the Legislature finds that local
 2534  zoning ordinances often discourage mixed-use, high-density
 2535  development in areas that are appropriate for urban infill and
 2536  redevelopment. The Legislature intends to discourage single-use
 2537  zoning in urban areas which often leads to lower-density, land
 2538  intensive development outside an urban service area. Therefore,
 2539  the Department of Community Affairs shall provide technical
 2540  assistance to local governments in order to encourage mixed-use,
 2541  high-density urban infill and redevelopment projects.
 2542         (f) The Legislature finds that a program for the transfer
 2543  of development rights is a useful tool to preserve historic
 2544  buildings and create public open spaces in urban areas. A
 2545  program for the transfer of development rights allows the
 2546  transfer of density credits from historic properties and public
 2547  open spaces to areas designated for high-density development.
 2548  The Legislature recognizes that high-density development is
 2549  integral to the success of many urban infill and redevelopment
 2550  projects. The Legislature intends to encourage high-density
 2551  urban infill and redevelopment while preserving historic
 2552  structures and open spaces. Therefore, the Department of
 2553  Community Affairs shall provide technical assistance to local
 2554  governments in order to promote the transfer of development
 2555  rights within urban areas for high-density infill and
 2556  redevelopment projects.
 2557         (g) The implementation of this subsection shall be subject
 2558  to the provisions of this chapter, chapters 186 and 187, and
 2559  applicable agency rules.
 2560         (h) The department may adopt rules necessary to implement
 2561  the provisions of this subsection.
 2562         (12) A public school facilities element adopted to
 2563  implement a school concurrency program shall meet the
 2564  requirements of this subsection. Each county and each
 2565  municipality within the county, unless exempt or subject to a
 2566  waiver, must adopt a public school facilities element that is
 2567  consistent with those adopted by the other local governments
 2568  within the county and enter the interlocal agreement pursuant to
 2569  s. 163.31777.
 2570         (a) The state land planning agency may provide a waiver to
 2571  a county and to the municipalities within the county if the
 2572  capacity rate for all schools within the school district is no
 2573  greater than 100 percent and the projected 5-year capital outlay
 2574  full-time equivalent student growth rate is less than 10
 2575  percent. The state land planning agency may allow for a
 2576  projected 5-year capital outlay full-time equivalent student
 2577  growth rate to exceed 10 percent when the projected 10-year
 2578  capital outlay full-time equivalent student enrollment is less
 2579  than 2,000 students and the capacity rate for all schools within
 2580  the school district in the tenth year will not exceed the 100
 2581  percent limitation. The state land planning agency may allow for
 2582  a single school to exceed the 100-percent limitation if it can
 2583  be demonstrated that the capacity rate for that single school is
 2584  not greater than 105 percent. In making this determination, the
 2585  state land planning agency shall consider the following
 2586  criteria:
 2587         1. Whether the exceedance is due to temporary
 2588  circumstances;
 2589         2. Whether the projected 5-year capital outlay full time
 2590  equivalent student growth rate for the school district is
 2591  approaching the 10-percent threshold;
 2592         3. Whether one or more additional schools within the school
 2593  district are at or approaching the 100-percent threshold; and
 2594         4. The adequacy of the data and analysis submitted to
 2595  support the waiver request.
 2596         (b) A municipality in a nonexempt county is exempt if the
 2597  municipality meets all of the following criteria for having no
 2598  significant impact on school attendance:
 2599         1. The municipality has issued development orders for fewer
 2600  than 50 residential dwelling units during the preceding 5 years,
 2601  or the municipality has generated fewer than 25 additional
 2602  public school students during the preceding 5 years.
 2603         2. The municipality has not annexed new land during the
 2604  preceding 5 years in land use categories that permit residential
 2605  uses that will affect school attendance rates.
 2606         3. The municipality has no public schools located within
 2607  its boundaries.
 2608         (c) A public school facilities element shall be based upon
 2609  data and analyses that address, among other items, how level-of
 2610  service standards will be achieved and maintained. Such data and
 2611  analyses must include, at a minimum, such items as: the
 2612  interlocal agreement adopted pursuant to s. 163.31777 and the 5
 2613  year school district facilities work program adopted pursuant to
 2614  s. 1013.35; the educational plant survey prepared pursuant to s.
 2615  1013.31 and an existing educational and ancillary plant map or
 2616  map series; information on existing development and development
 2617  anticipated for the next 5 years and the long-term planning
 2618  period; an analysis of problems and opportunities for existing
 2619  schools and schools anticipated in the future; an analysis of
 2620  opportunities to collocate future schools with other public
 2621  facilities such as parks, libraries, and community centers; an
 2622  analysis of the need for supporting public facilities for
 2623  existing and future schools; an analysis of opportunities to
 2624  locate schools to serve as community focal points; projected
 2625  future population and associated demographics, including
 2626  development patterns year by year for the upcoming 5-year and
 2627  long-term planning periods; and anticipated educational and
 2628  ancillary plants with land area requirements.
 2629         (d) The element shall contain one or more goals which
 2630  establish the long-term end toward which public school programs
 2631  and activities are ultimately directed.
 2632         (e) The element shall contain one or more objectives for
 2633  each goal, setting specific, measurable, intermediate ends that
 2634  are achievable and mark progress toward the goal.
 2635         (f) The element shall contain one or more policies for each
 2636  objective which establish the way in which programs and
 2637  activities will be conducted to achieve an identified goal.
 2638         (g) The objectives and policies shall address items such
 2639  as:
 2640         1. The procedure for an annual update process;
 2641         2. The procedure for school site selection;
 2642         3. The procedure for school permitting;
 2643         4. Provision for infrastructure necessary to support
 2644  proposed schools, including potable water, wastewater, drainage,
 2645  solid waste, transportation, and means by which to assure safe
 2646  access to schools, including sidewalks, bicycle paths, turn
 2647  lanes, and signalization;
 2648         5. Provision for colocation of other public facilities,
 2649  such as parks, libraries, and community centers, in proximity to
 2650  public schools;
 2651         6. Provision for location of schools proximate to
 2652  residential areas and to complement patterns of development,
 2653  including the location of future school sites so they serve as
 2654  community focal points;
 2655         7. Measures to ensure compatibility of school sites and
 2656  surrounding land uses;
 2657         8. Coordination with adjacent local governments and the
 2658  school district on emergency preparedness issues, including the
 2659  use of public schools to serve as emergency shelters; and
 2660         9. Coordination with the future land use element.
 2661         (h) The element shall include one or more future conditions
 2662  maps which depict the anticipated location of educational and
 2663  ancillary plants, including the general location of improvements
 2664  to existing schools or new schools anticipated over the 5-year
 2665  or long-term planning period. The maps will of necessity be
 2666  general for the long-term planning period and more specific for
 2667  the 5-year period. Maps indicating general locations of future
 2668  schools or school improvements may not prescribe a land use on a
 2669  particular parcel of land.
 2670         (i) The state land planning agency shall establish a phased
 2671  schedule for adoption of the public school facilities element
 2672  and the required updates to the public schools interlocal
 2673  agreement pursuant to s. 163.31777. The schedule shall provide
 2674  for each county and local government within the county to adopt
 2675  the element and update to the agreement no later than December
 2676  1, 2008. Plan amendments to adopt a public school facilities
 2677  element are exempt from the provisions of s. 163.3187(1).
 2678         (j) The state land planning agency may issue a notice to
 2679  the school board and the local government to show cause why
 2680  sanctions should not be enforced for failure to enter into an
 2681  approved interlocal agreement as required by s. 163.31777 or for
 2682  failure to implement provisions relating to public school
 2683  concurrency. If the state land planning agency finds that
 2684  insufficient cause exists for the school board’s or local
 2685  government’s failure to enter into an approved interlocal
 2686  agreement as required by s. 163.31777 or for the school board’s
 2687  or local government’s failure to implement the provisions
 2688  relating to public school concurrency, the state land planning
 2689  agency shall submit its finding to the Administration Commission
 2690  which may impose on the local government any of the sanctions
 2691  set forth in s. 163.3184(11)(a) and (b) and may impose on the
 2692  district school board any of the sanctions set forth in s.
 2693  1008.32(4).
 2694         (13) Local governments are encouraged to develop a
 2695  community vision that provides for sustainable growth,
 2696  recognizes its fiscal constraints, and protects its natural
 2697  resources. At the request of a local government, the applicable
 2698  regional planning council shall provide assistance in the
 2699  development of a community vision.
 2700         (a) As part of the process of developing a community vision
 2701  under this section, the local government must hold two public
 2702  meetings with at least one of those meetings before the local
 2703  planning agency. Before those public meetings, the local
 2704  government must hold at least one public workshop with
 2705  stakeholder groups such as neighborhood associations, community
 2706  organizations, businesses, private property owners, housing and
 2707  development interests, and environmental organizations.
 2708         (b) The local government must, at a minimum, discuss five
 2709  of the following topics as part of the workshops and public
 2710  meetings required under paragraph (a):
 2711         1. Future growth in the area using population forecasts
 2712  from the Bureau of Economic and Business Research;
 2713         2. Priorities for economic development;
 2714         3. Preservation of open space, environmentally sensitive
 2715  lands, and agricultural lands;
 2716         4. Appropriate areas and standards for mixed-use
 2717  development;
 2718         5. Appropriate areas and standards for high-density
 2719  commercial and residential development;
 2720         6. Appropriate areas and standards for economic development
 2721  opportunities and employment centers;
 2722         7. Provisions for adequate workforce housing;
 2723         8. An efficient, interconnected multimodal transportation
 2724  system; and
 2725         9. Opportunities to create land use patterns that
 2726  accommodate the issues listed in subparagraphs 1.-8.
 2727         (c) As part of the workshops and public meetings, the local
 2728  government must discuss strategies for addressing the topics
 2729  discussed under paragraph (b), including:
 2730         1. Strategies to preserve open space and environmentally
 2731  sensitive lands, and to encourage a healthy agricultural
 2732  economy, including innovative planning and development
 2733  strategies, such as the transfer of development rights;
 2734         2. Incentives for mixed-use development, including
 2735  increased height and intensity standards for buildings that
 2736  provide residential use in combination with office or commercial
 2737  space;
 2738         3. Incentives for workforce housing;
 2739         4. Designation of an urban service boundary pursuant to
 2740  subsection (2); and
 2741         5. Strategies to provide mobility within the community and
 2742  to protect the Strategic Intermodal System, including the
 2743  development of a transportation corridor management plan under
 2744  s. 337.273.
 2745         (d) The community vision must reflect the community’s
 2746  shared concept for growth and development of the community,
 2747  including visual representations depicting the desired land use
 2748  patterns and character of the community during a 10-year
 2749  planning timeframe. The community vision must also take into
 2750  consideration economic viability of the vision and private
 2751  property interests.
 2752         (e) After the workshops and public meetings required under
 2753  paragraph (a) are held, the local government may amend its
 2754  comprehensive plan to include the community vision as a
 2755  component in the plan. This plan amendment must be transmitted
 2756  and adopted pursuant to the procedures in ss. 163.3184 and
 2757  163.3189 at public hearings of the governing body other than
 2758  those identified in paragraph (a).
 2759         (f) Amendments submitted under this subsection are exempt
 2760  from the limitation on the frequency of plan amendments in s.
 2761  163.3187.
 2762         (g) A local government that has developed a community
 2763  vision or completed a visioning process after July 1, 2000, and
 2764  before July 1, 2005, which substantially accomplishes the goals
 2765  set forth in this subsection and the appropriate goals,
 2766  policies, or objectives have been adopted as part of the
 2767  comprehensive plan or reflected in subsequently adopted land
 2768  development regulations and the plan amendment incorporating the
 2769  community vision as a component has been found in compliance is
 2770  eligible for the incentives in s. 163.3184(17).
 2771         (14) Local governments are also encouraged to designate an
 2772  urban service boundary. This area must be appropriate for
 2773  compact, contiguous urban development within a 10-year planning
 2774  timeframe. The urban service area boundary must be identified on
 2775  the future land use map or map series. The local government
 2776  shall demonstrate that the land included within the urban
 2777  service boundary is served or is planned to be served with
 2778  adequate public facilities and services based on the local
 2779  government’s adopted level-of-service standards by adopting a
 2780  10-year facilities plan in the capital improvements element
 2781  which is financially feasible. The local government shall
 2782  demonstrate that the amount of land within the urban service
 2783  boundary does not exceed the amount of land needed to
 2784  accommodate the projected population growth at densities
 2785  consistent with the adopted comprehensive plan within the 10
 2786  year planning timeframe.
 2787         (a) As part of the process of establishing an urban service
 2788  boundary, the local government must hold two public meetings
 2789  with at least one of those meetings before the local planning
 2790  agency. Before those public meetings, the local government must
 2791  hold at least one public workshop with stakeholder groups such
 2792  as neighborhood associations, community organizations,
 2793  businesses, private property owners, housing and development
 2794  interests, and environmental organizations.
 2795         (b)1. After the workshops and public meetings required
 2796  under paragraph (a) are held, the local government may amend its
 2797  comprehensive plan to include the urban service boundary. This
 2798  plan amendment must be transmitted and adopted pursuant to the
 2799  procedures in ss. 163.3184 and 163.3189 at meetings of the
 2800  governing body other than those required under paragraph (a).
 2801         2. This subsection does not prohibit new development
 2802  outside an urban service boundary. However, a local government
 2803  that establishes an urban service boundary under this subsection
 2804  is encouraged to require a full-cost-accounting analysis for any
 2805  new development outside the boundary and to consider the results
 2806  of that analysis when adopting a plan amendment for property
 2807  outside the established urban service boundary.
 2808         (c) Amendments submitted under this subsection are exempt
 2809  from the limitation on the frequency of plan amendments in s.
 2810  163.3187.
 2811         (d) A local government that has adopted an urban service
 2812  boundary before July 1, 2005, which substantially accomplishes
 2813  the goals set forth in this subsection is not required to comply
 2814  with paragraph (a) or subparagraph 1. of paragraph (b) in order
 2815  to be eligible for the incentives under s. 163.3184(17). In
 2816  order to satisfy the provisions of this paragraph, the local
 2817  government must secure a determination from the state land
 2818  planning agency that the urban service boundary adopted before
 2819  July 1, 2005, substantially complies with the criteria of this
 2820  subsection, based on data and analysis submitted by the local
 2821  government to support this determination. The determination by
 2822  the state land planning agency is not subject to administrative
 2823  challenge.
 2824         (7)(15)(a) The Legislature finds that:
 2825         1. There are a number of rural agricultural industrial
 2826  centers in the state that process, produce, or aid in the
 2827  production or distribution of a variety of agriculturally based
 2828  products, including, but not limited to, fruits, vegetables,
 2829  timber, and other crops, and juices, paper, and building
 2830  materials. Rural agricultural industrial centers have a
 2831  significant amount of existing associated infrastructure that is
 2832  used for processing, producing, or distributing agricultural
 2833  products.
 2834         2. Such rural agricultural industrial centers are often
 2835  located within or near communities in which the economy is
 2836  largely dependent upon agriculture and agriculturally based
 2837  products. The centers significantly enhance the economy of such
 2838  communities. However, these agriculturally based communities are
 2839  often socioeconomically challenged and designated as rural areas
 2840  of critical economic concern. If such rural agricultural
 2841  industrial centers are lost and not replaced with other job
 2842  creating enterprises, the agriculturally based communities will
 2843  lose a substantial amount of their economies.
 2844         3. The state has a compelling interest in preserving the
 2845  viability of agriculture and protecting rural agricultural
 2846  communities and the state from the economic upheaval that would
 2847  result from short-term or long-term adverse changes in the
 2848  agricultural economy. To protect these communities and promote
 2849  viable agriculture for the long term, it is essential to
 2850  encourage and permit diversification of existing rural
 2851  agricultural industrial centers by providing for jobs that are
 2852  not solely dependent upon, but are compatible with and
 2853  complement, existing agricultural industrial operations and to
 2854  encourage the creation and expansion of industries that use
 2855  agricultural products in innovative ways. However, the expansion
 2856  and diversification of these existing centers must be
 2857  accomplished in a manner that does not promote urban sprawl into
 2858  surrounding agricultural and rural areas.
 2859         (b) As used in this subsection, the term “rural
 2860  agricultural industrial center” means a developed parcel of land
 2861  in an unincorporated area on which there exists an operating
 2862  agricultural industrial facility or facilities that employ at
 2863  least 200 full-time employees in the aggregate and process and
 2864  prepare for transport a farm product, as defined in s. 163.3162,
 2865  or any biomass material that could be used, directly or
 2866  indirectly, for the production of fuel, renewable energy,
 2867  bioenergy, or alternative fuel as defined by law. The center may
 2868  also include land contiguous to the facility site which is not
 2869  used for the cultivation of crops, but on which other existing
 2870  activities essential to the operation of such facility or
 2871  facilities are located or conducted. The parcel of land must be
 2872  located within, or within 10 miles of, a rural area of critical
 2873  economic concern.
 2874         (c)1. A landowner whose land is located within a rural
 2875  agricultural industrial center may apply for an amendment to the
 2876  local government comprehensive plan for the purpose of
 2877  designating and expanding the existing agricultural industrial
 2878  uses of facilities located within the center or expanding the
 2879  existing center to include industrial uses or facilities that
 2880  are not dependent upon but are compatible with agriculture and
 2881  the existing uses and facilities. A local government
 2882  comprehensive plan amendment under this paragraph must:
 2883         a. Not increase the physical area of the existing rural
 2884  agricultural industrial center by more than 50 percent or 320
 2885  acres, whichever is greater.
 2886         b. Propose a project that would, upon completion, create at
 2887  least 50 new full-time jobs.
 2888         c. Demonstrate that sufficient infrastructure capacity
 2889  exists or will be provided to support the expanded center at the
 2890  level-of-service standards adopted in the local government
 2891  comprehensive plan.
 2892         d. Contain goals, objectives, and policies that will ensure
 2893  that any adverse environmental impacts of the expanded center
 2894  will be adequately addressed and mitigation implemented or
 2895  demonstrate that the local government comprehensive plan
 2896  contains such provisions.
 2897         2. Within 6 months after receiving an application as
 2898  provided in this paragraph, the local government shall transmit
 2899  the application to the state land planning agency for review
 2900  pursuant to this chapter together with any needed amendments to
 2901  the applicable sections of its comprehensive plan to include
 2902  goals, objectives, and policies that provide for the expansion
 2903  of rural agricultural industrial centers and discourage urban
 2904  sprawl in the surrounding areas. Such goals, objectives, and
 2905  policies must promote and be consistent with the findings in
 2906  this subsection. An amendment that meets the requirements of
 2907  this subsection is presumed not to be urban sprawl as defined in
 2908  s. 163.3164 and shall be considered within 90 days after any
 2909  review required by the state land planning agency if required by
 2910  s. 163.3184. consistent with rule 9J-5.006(5), Florida
 2911  Administrative Code. This presumption may be rebutted by a
 2912  preponderance of the evidence.
 2913         (d) This subsection does not apply to an optional sector
 2914  plan adopted pursuant to s. 163.3245, a rural land stewardship
 2915  area designated pursuant to s. 163.3248 subsection (11), or any
 2916  comprehensive plan amendment that includes an inland port
 2917  terminal or affiliated port development.
 2918         (e) Nothing in this subsection shall be construed to confer
 2919  the status of rural area of critical economic concern, or any of
 2920  the rights or benefits derived from such status, on any land
 2921  area not otherwise designated as such pursuant to s.
 2922  288.0656(7).
 2923         Section 13. Section 163.31777, Florida Statutes, is amended
 2924  to read:
 2925         163.31777 Public schools interlocal agreement.—
 2926         (1)(a) The county and municipalities located within the
 2927  geographic area of a school district shall enter into an
 2928  interlocal agreement with the district school board which
 2929  jointly establishes the specific ways in which the plans and
 2930  processes of the district school board and the local governments
 2931  are to be coordinated. The interlocal agreements shall be
 2932  submitted to the state land planning agency and the Office of
 2933  Educational Facilities in accordance with a schedule published
 2934  by the state land planning agency.
 2935         (b) The schedule must establish staggered due dates for
 2936  submission of interlocal agreements that are executed by both
 2937  the local government and the district school board, commencing
 2938  on March 1, 2003, and concluding by December 1, 2004, and must
 2939  set the same date for all governmental entities within a school
 2940  district. However, if the county where the school district is
 2941  located contains more than 20 municipalities, the state land
 2942  planning agency may establish staggered due dates for the
 2943  submission of interlocal agreements by these municipalities. The
 2944  schedule must begin with those areas where both the number of
 2945  districtwide capital-outlay full-time-equivalent students equals
 2946  80 percent or more of the current year’s school capacity and the
 2947  projected 5-year student growth is 1,000 or greater, or where
 2948  the projected 5-year student growth rate is 10 percent or
 2949  greater.
 2950         (c) If the student population has declined over the 5-year
 2951  period preceding the due date for submittal of an interlocal
 2952  agreement by the local government and the district school board,
 2953  the local government and the district school board may petition
 2954  the state land planning agency for a waiver of one or more
 2955  requirements of subsection (2). The waiver must be granted if
 2956  the procedures called for in subsection (2) are unnecessary
 2957  because of the school district’s declining school age
 2958  population, considering the district’s 5-year facilities work
 2959  program prepared pursuant to s. 1013.35. The state land planning
 2960  agency may modify or revoke the waiver upon a finding that the
 2961  conditions upon which the waiver was granted no longer exist.
 2962  The district school board and local governments must submit an
 2963  interlocal agreement within 1 year after notification by the
 2964  state land planning agency that the conditions for a waiver no
 2965  longer exist.
 2966         (d) Interlocal agreements between local governments and
 2967  district school boards adopted pursuant to s. 163.3177 before
 2968  the effective date of this section must be updated and executed
 2969  pursuant to the requirements of this section, if necessary.
 2970  Amendments to interlocal agreements adopted pursuant to this
 2971  section must be submitted to the state land planning agency
 2972  within 30 days after execution by the parties for review
 2973  consistent with this section. Local governments and the district
 2974  school board in each school district are encouraged to adopt a
 2975  single interlocal agreement to which all join as parties. The
 2976  state land planning agency shall assemble and make available
 2977  model interlocal agreements meeting the requirements of this
 2978  section and notify local governments and, jointly with the
 2979  Department of Education, the district school boards of the
 2980  requirements of this section, the dates for compliance, and the
 2981  sanctions for noncompliance. The state land planning agency
 2982  shall be available to informally review proposed interlocal
 2983  agreements. If the state land planning agency has not received a
 2984  proposed interlocal agreement for informal review, the state
 2985  land planning agency shall, at least 60 days before the deadline
 2986  for submission of the executed agreement, renotify the local
 2987  government and the district school board of the upcoming
 2988  deadline and the potential for sanctions.
 2989         (2) At a minimum, the interlocal agreement must address
 2990  interlocal-agreement requirements in s. 163.3180(13)(g), except
 2991  for exempt local governments as provided in s. 163.3177(12), and
 2992  must address the following issues:
 2993         (a) A process by which each local government and the
 2994  district school board agree and base their plans on consistent
 2995  projections of the amount, type, and distribution of population
 2996  growth and student enrollment. The geographic distribution of
 2997  jurisdiction-wide growth forecasts is a major objective of the
 2998  process.
 2999         (b) A process to coordinate and share information relating
 3000  to existing and planned public school facilities, including
 3001  school renovations and closures, and local government plans for
 3002  development and redevelopment.
 3003         (c) Participation by affected local governments with the
 3004  district school board in the process of evaluating potential
 3005  school closures, significant renovations to existing schools,
 3006  and new school site selection before land acquisition. Local
 3007  governments shall advise the district school board as to the
 3008  consistency of the proposed closure, renovation, or new site
 3009  with the local comprehensive plan, including appropriate
 3010  circumstances and criteria under which a district school board
 3011  may request an amendment to the comprehensive plan for school
 3012  siting.
 3013         (d) A process for determining the need for and timing of
 3014  onsite and offsite improvements to support new, proposed
 3015  expansion, or redevelopment of existing schools. The process
 3016  must address identification of the party or parties responsible
 3017  for the improvements.
 3018         (e) A process for the school board to inform the local
 3019  government regarding the effect of comprehensive plan amendments
 3020  on school capacity. The capacity reporting must be consistent
 3021  with laws and rules relating to measurement of school facility
 3022  capacity and must also identify how the district school board
 3023  will meet the public school demand based on the facilities work
 3024  program adopted pursuant to s. 1013.35.
 3025         (f) Participation of the local governments in the
 3026  preparation of the annual update to the district school board’s
 3027  5-year district facilities work program and educational plant
 3028  survey prepared pursuant to s. 1013.35.
 3029         (g) A process for determining where and how joint use of
 3030  either school board or local government facilities can be shared
 3031  for mutual benefit and efficiency.
 3032         (h) A procedure for the resolution of disputes between the
 3033  district school board and local governments, which may include
 3034  the dispute resolution processes contained in chapters 164 and
 3035  186.
 3036         (i) An oversight process, including an opportunity for
 3037  public participation, for the implementation of the interlocal
 3038  agreement.
 3039         (3)(a) The Office of Educational Facilities shall submit
 3040  any comments or concerns regarding the executed interlocal
 3041  agreement to the state land planning agency within 30 days after
 3042  receipt of the executed interlocal agreement. The state land
 3043  planning agency shall review the executed interlocal agreement
 3044  to determine whether it is consistent with the requirements of
 3045  subsection (2), the adopted local government comprehensive plan,
 3046  and other requirements of law. Within 60 days after receipt of
 3047  an executed interlocal agreement, the state land planning agency
 3048  shall publish a notice of intent in the Florida Administrative
 3049  Weekly and shall post a copy of the notice on the agency’s
 3050  Internet site. The notice of intent must state whether the
 3051  interlocal agreement is consistent or inconsistent with the
 3052  requirements of subsection (2) and this subsection, as
 3053  appropriate.
 3054         (b) The state land planning agency’s notice is subject to
 3055  challenge under chapter 120; however, an affected person, as
 3056  defined in s. 163.3184(1)(a), has standing to initiate the
 3057  administrative proceeding, and this proceeding is the sole means
 3058  available to challenge the consistency of an interlocal
 3059  agreement required by this section with the criteria contained
 3060  in subsection (2) and this subsection. In order to have
 3061  standing, each person must have submitted oral or written
 3062  comments, recommendations, or objections to the local government
 3063  or the school board before the adoption of the interlocal
 3064  agreement by the school board and local government. The district
 3065  school board and local governments are parties to any such
 3066  proceeding. In this proceeding, when the state land planning
 3067  agency finds the interlocal agreement to be consistent with the
 3068  criteria in subsection (2) and this subsection, the interlocal
 3069  agreement shall be determined to be consistent with subsection
 3070  (2) and this subsection if the local government’s and school
 3071  board’s determination of consistency is fairly debatable. When
 3072  the state planning agency finds the interlocal agreement to be
 3073  inconsistent with the requirements of subsection (2) and this
 3074  subsection, the local government’s and school board’s
 3075  determination of consistency shall be sustained unless it is
 3076  shown by a preponderance of the evidence that the interlocal
 3077  agreement is inconsistent.
 3078         (c) If the state land planning agency enters a final order
 3079  that finds that the interlocal agreement is inconsistent with
 3080  the requirements of subsection (2) or this subsection, it shall
 3081  forward it to the Administration Commission, which may impose
 3082  sanctions against the local government pursuant to s.
 3083  163.3184(11) and may impose sanctions against the district
 3084  school board by directing the Department of Education to
 3085  withhold from the district school board an equivalent amount of
 3086  funds for school construction available pursuant to ss. 1013.65,
 3087  1013.68, 1013.70, and 1013.72.
 3088         (4) If an executed interlocal agreement is not timely
 3089  submitted to the state land planning agency for review, the
 3090  state land planning agency shall, within 15 working days after
 3091  the deadline for submittal, issue to the local government and
 3092  the district school board a Notice to Show Cause why sanctions
 3093  should not be imposed for failure to submit an executed
 3094  interlocal agreement by the deadline established by the agency.
 3095  The agency shall forward the notice and the responses to the
 3096  Administration Commission, which may enter a final order citing
 3097  the failure to comply and imposing sanctions against the local
 3098  government and district school board by directing the
 3099  appropriate agencies to withhold at least 5 percent of state
 3100  funds pursuant to s. 163.3184(11) and by directing the
 3101  Department of Education to withhold from the district school
 3102  board at least 5 percent of funds for school construction
 3103  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 3104  1013.72.
 3105         (5) Any local government transmitting a public school
 3106  element to implement school concurrency pursuant to the
 3107  requirements of s. 163.3180 before the effective date of this
 3108  section is not required to amend the element or any interlocal
 3109  agreement to conform with the provisions of this section if the
 3110  element is adopted prior to or within 1 year after the effective
 3111  date of this section and remains in effect until the county
 3112  conducts its evaluation and appraisal report and identifies
 3113  changes necessary to more fully conform to the provisions of
 3114  this section.
 3115         (6) Except as provided in subsection (7), municipalities
 3116  meeting the exemption criteria in s. 163.3177(12) are exempt
 3117  from the requirements of subsections (1), (2), and (3).
 3118         (7) At the time of the evaluation and appraisal report,
 3119  each exempt municipality shall assess the extent to which it
 3120  continues to meet the criteria for exemption under s.
 3121  163.3177(12). If the municipality continues to meet these
 3122  criteria, the municipality shall continue to be exempt from the
 3123  interlocal-agreement requirement. Each municipality exempt under
 3124  s. 163.3177(12) must comply with the provisions of this section
 3125  within 1 year after the district school board proposes, in its
 3126  5-year district facilities work program, a new school within the
 3127  municipality’s jurisdiction.
 3128         Section 14. Subsection (9) of section 163.3178, Florida
 3129  Statutes, is amended to read:
 3130         163.3178 Coastal management.—
 3131         (9)(a) Local governments may elect to comply with rule 9J
 3132  5.012(3)(b)6. and 7., Florida Administrative Code, through the
 3133  process provided in this section. A proposed comprehensive plan
 3134  amendment shall be found in compliance with state coastal high
 3135  hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
 3136  Florida Administrative Code, if:
 3137         1. The adopted level of service for out-of-county hurricane
 3138  evacuation is maintained for a category 5 storm event as
 3139  measured on the Saffir-Simpson scale; or
 3140         2. A 12-hour evacuation time to shelter is maintained for a
 3141  category 5 storm event as measured on the Saffir-Simpson scale
 3142  and shelter space reasonably expected to accommodate the
 3143  residents of the development contemplated by a proposed
 3144  comprehensive plan amendment is available; or
 3145         3. Appropriate mitigation is provided that will satisfy the
 3146  provisions of subparagraph 1. or subparagraph 2. Appropriate
 3147  mitigation shall include, without limitation, payment of money,
 3148  contribution of land, and construction of hurricane shelters and
 3149  transportation facilities. Required mitigation may shall not
 3150  exceed the amount required for a developer to accommodate
 3151  impacts reasonably attributable to development. A local
 3152  government and a developer shall enter into a binding agreement
 3153  to memorialize the mitigation plan.
 3154         (b) For those local governments that have not established a
 3155  level of service for out-of-county hurricane evacuation by July
 3156  1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
 3157  Florida Administrative Code, by following the process in
 3158  paragraph (a), the level of service shall be no greater than 16
 3159  hours for a category 5 storm event as measured on the Saffir
 3160  Simpson scale.
 3161         (c) This subsection shall become effective immediately and
 3162  shall apply to all local governments. No later than July 1,
 3163  2008, local governments shall amend their future land use map
 3164  and coastal management element to include the new definition of
 3165  coastal high-hazard area and to depict the coastal high-hazard
 3166  area on the future land use map.
 3167         Section 15. Section 163.3180, Florida Statutes, is amended
 3168  to read:
 3169         163.3180 Concurrency.—
 3170         (1)(a) Sanitary sewer, solid waste, drainage, and potable
 3171  water, parks and recreation, schools, and transportation
 3172  facilities, including mass transit, where applicable, are the
 3173  only public facilities and services subject to the concurrency
 3174  requirement on a statewide basis. Additional public facilities
 3175  and services may not be made subject to concurrency on a
 3176  statewide basis without appropriate study and approval by the
 3177  Legislature; however, any local government may extend the
 3178  concurrency requirement so that it applies to additional public
 3179  facilities within its jurisdiction.
 3180         (a) If concurrency is applied to other public facilities,
 3181  the local government comprehensive plan must provide the
 3182  principles, guidelines, standards, and strategies, including
 3183  adopted levels of service, to guide its application. In order
 3184  for a local government to rescind any optional concurrency
 3185  provisions, a comprehensive plan amendment is required. An
 3186  amendment rescinding optional concurrency issues is not subject
 3187  to state review.
 3188         (b) The local government comprehensive plan must
 3189  demonstrate, for required or optional concurrency requirements,
 3190  that the levels of service adopted can be reasonably met.
 3191  Infrastructure needed to ensure that adopted level-of-service
 3192  standards are achieved and maintained for the 5-year period of
 3193  the capital improvement schedule must be identified pursuant to
 3194  the requirements of s. 163.3177(3). The comprehensive plan must
 3195  include principles, guidelines, standards, and strategies for
 3196  the establishment of a concurrency management system.
 3197         (b) Local governments shall use professionally accepted
 3198  techniques for measuring level of service for automobiles,
 3199  bicycles, pedestrians, transit, and trucks. These techniques may
 3200  be used to evaluate increased accessibility by multiple modes
 3201  and reductions in vehicle miles of travel in an area or zone.
 3202  The Department of Transportation shall develop methodologies to
 3203  assist local governments in implementing this multimodal level
 3204  of-service analysis. The Department of Community Affairs and the
 3205  Department of Transportation shall provide technical assistance
 3206  to local governments in applying these methodologies.
 3207         (2)(a) Consistent with public health and safety, sanitary
 3208  sewer, solid waste, drainage, adequate water supplies, and
 3209  potable water facilities shall be in place and available to
 3210  serve new development no later than the issuance by the local
 3211  government of a certificate of occupancy or its functional
 3212  equivalent. Prior to approval of a building permit or its
 3213  functional equivalent, the local government shall consult with
 3214  the applicable water supplier to determine whether adequate
 3215  water supplies to serve the new development will be available no
 3216  later than the anticipated date of issuance by the local
 3217  government of a certificate of occupancy or its functional
 3218  equivalent. A local government may meet the concurrency
 3219  requirement for sanitary sewer through the use of onsite sewage
 3220  treatment and disposal systems approved by the Department of
 3221  Health to serve new development.
 3222         (b) Consistent with the public welfare, and except as
 3223  otherwise provided in this section, parks and recreation
 3224  facilities to serve new development shall be in place or under
 3225  actual construction no later than 1 year after issuance by the
 3226  local government of a certificate of occupancy or its functional
 3227  equivalent. However, the acreage for such facilities shall be
 3228  dedicated or be acquired by the local government prior to
 3229  issuance by the local government of a certificate of occupancy
 3230  or its functional equivalent, or funds in the amount of the
 3231  developer’s fair share shall be committed no later than the
 3232  local government’s approval to commence construction.
 3233         (c) Consistent with the public welfare, and except as
 3234  otherwise provided in this section, transportation facilities
 3235  needed to serve new development shall be in place or under
 3236  actual construction within 3 years after the local government
 3237  approves a building permit or its functional equivalent that
 3238  results in traffic generation.
 3239         (3) Governmental entities that are not responsible for
 3240  providing, financing, operating, or regulating public facilities
 3241  needed to serve development may not establish binding level-of
 3242  service standards on governmental entities that do bear those
 3243  responsibilities. This subsection does not limit the authority
 3244  of any agency to recommend or make objections, recommendations,
 3245  comments, or determinations during reviews conducted under s.
 3246  163.3184.
 3247         (4)(a) The concurrency requirement as implemented in local
 3248  comprehensive plans applies to state and other public facilities
 3249  and development to the same extent that it applies to all other
 3250  facilities and development, as provided by law.
 3251         (b) The concurrency requirement as implemented in local
 3252  comprehensive plans does not apply to public transit facilities.
 3253  For the purposes of this paragraph, public transit facilities
 3254  include transit stations and terminals; transit station parking;
 3255  park-and-ride lots; intermodal public transit connection or
 3256  transfer facilities; fixed bus, guideway, and rail stations; and
 3257  airport passenger terminals and concourses, air cargo
 3258  facilities, and hangars for the assembly, manufacture,
 3259  maintenance, or storage of aircraft. As used in this paragraph,
 3260  the terms “terminals” and “transit facilities” do not include
 3261  seaports or commercial or residential development constructed in
 3262  conjunction with a public transit facility.
 3263         (c) The concurrency requirement, except as it relates to
 3264  transportation facilities and public schools, as implemented in
 3265  local government comprehensive plans, may be waived by a local
 3266  government for urban infill and redevelopment areas designated
 3267  pursuant to s. 163.2517 if such a waiver does not endanger
 3268  public health or safety as defined by the local government in
 3269  its local government comprehensive plan. The waiver shall be
 3270  adopted as a plan amendment pursuant to the process set forth in
 3271  s. 163.3187(3)(a). A local government may grant a concurrency
 3272  exception pursuant to subsection (5) for transportation
 3273  facilities located within these urban infill and redevelopment
 3274  areas.
 3275         (5)(a) If concurrency is applied to transportation
 3276  facilities, the local government comprehensive plan must provide
 3277  the principles, guidelines, standards, and strategies, including
 3278  adopted levels of service to guide its application.
 3279         (b) Local governments shall use professionally accepted
 3280  studies to evaluate the appropriate levels of service. Local
 3281  governments should consider the number of facilities that will
 3282  be necessary to meet level-of-service demands when determining
 3283  the appropriate levels of service. The schedule of facilities
 3284  that are necessary to meet the adopted level of service shall be
 3285  reflected in the capital improvement element.
 3286         (c) Local governments shall use professionally accepted
 3287  techniques for measuring levels of service when evaluating
 3288  potential impacts of a proposed development.
 3289         (d) The premise of concurrency is that the public
 3290  facilities will be provided in order to achieve and maintain the
 3291  adopted level of service standard. A comprehensive plan that
 3292  imposes transportation concurrency shall contain appropriate
 3293  amendments to the capital improvements element of the
 3294  comprehensive plan, consistent with the requirements of s.
 3295  163.3177(3). The capital improvements element shall identify
 3296  facilities necessary to meet adopted levels of service during a
 3297  5-year period.
 3298         (e) If a local government applies transportation
 3299  concurrency in its jurisdiction, it is encouraged to develop
 3300  policy guidelines and techniques to address potential negative
 3301  impacts on future development:
 3302         1. In urban infill and redevelopment, and urban service
 3303  areas.
 3304         2. With special part-time demands on the transportation
 3305  system.
 3306         3. With de minimis impacts.
 3307         4. On community desired types of development, such as
 3308  redevelopment, or job creation projects.
 3309         (f) Local governments are encouraged to develop tools and
 3310  techniques to complement the application of transportation
 3311  concurrency such as:
 3312         1. Adoption of long-term strategies to facilitate
 3313  development patterns that support multimodal solutions,
 3314  including urban design, and appropriate land use mixes,
 3315  including intensity and density.
 3316         2. Adoption of an areawide level of service not dependent
 3317  on any single road segment function.
 3318         3. Exempting or discounting impacts of locally desired
 3319  development, such as development in urban areas, redevelopment,
 3320  job creation, and mixed use on the transportation system.
 3321         4. Assigning secondary priority to vehicle mobility and
 3322  primary priority to ensuring a safe, comfortable, and attractive
 3323  pedestrian environment, with convenient interconnection to
 3324  transit.
 3325         5. Establishing multimodal level of service standards that
 3326  rely primarily on nonvehicular modes of transportation where
 3327  existing or planned community design will provide adequate level
 3328  of mobility.
 3329         6. Reducing impact fees or local access fees to promote
 3330  development within urban areas, multimodal transportation
 3331  districts, and a balance of mixed use development in certain
 3332  areas or districts, or for affordable or workforce housing.
 3333         (g) Local governments are encouraged to coordinate with
 3334  adjacent local governments for the purpose of using common
 3335  methodologies for measuring impacts on transportation
 3336  facilities.
 3337         (h) Local governments that implement transportation
 3338  concurrency must:
 3339         1. Consult with the Department of Transportation when
 3340  proposed plan amendments affect facilities on the strategic
 3341  intermodal system.
 3342         2. Exempt public transit facilities from concurrency. For
 3343  the purposes of this subparagraph, public transit facilities
 3344  include transit stations and terminals; transit station parking;
 3345  park-and-ride lots; intermodal public transit connection or
 3346  transfer facilities; fixed bus, guideway, and rail stations; and
 3347  airport passenger terminals and concourses, air cargo
 3348  facilities, and hangars for the assembly, manufacture,
 3349  maintenance, or storage of aircraft. As used in this
 3350  subparagraph, the terms “terminals” and “transit facilities” do
 3351  not include seaports or commercial or residential development
 3352  constructed in conjunction with a public transit facility.
 3353         3. Allow an applicant for a development-of-regional-impact
 3354  development order, a rezoning, or other land use development
 3355  permit to satisfy the transportation concurrency requirements of
 3356  the local comprehensive plan, the local government’s concurrency
 3357  management system, and s. 380.06, when applicable, if:
 3358         a. The applicant enters into a binding agreement to pay for
 3359  or construct its proportionate share of required improvements.
 3360         b. The proportionate-share contribution or construction is
 3361  sufficient to accomplish one or more mobility improvements that
 3362  will benefit a regionally significant transportation facility.
 3363  c.(I) The local government has provided a means by which the
 3364  landowner will be assessed a proportionate share of the cost of
 3365  providing the transportation facilities necessary to serve the
 3366  proposed development. An applicant shall not be held responsible
 3367  for the additional cost of reducing or eliminating deficiencies.
 3368         (II) When an applicant contributes or constructs its
 3369  proportionate share pursuant to this subparagraph, a local
 3370  government may not require payment or construction of
 3371  transportation facilities whose costs would be greater than a
 3372  development’s proportionate share of the improvements necessary
 3373  to mitigate the development’s impacts.
 3374         (A) The proportionate-share contribution shall be
 3375  calculated based upon the number of trips from the proposed
 3376  development expected to reach roadways during the peak hour from
 3377  the stage or phase being approved, divided by the change in the
 3378  peak hour maximum service volume of roadways resulting from
 3379  construction of an improvement necessary to maintain or achieve
 3380  the adopted level of service, multiplied by the construction
 3381  cost, at the time of development payment, of the improvement
 3382  necessary to maintain or achieve the adopted level of service.
 3383         (B) In using the proportionate-share formula provided in
 3384  this subparagraph, the applicant, in its traffic analysis, shall
 3385  identify those roads or facilities that have a transportation
 3386  deficiency in accordance with the transportation deficiency as
 3387  defined in sub-subparagraph e. The proportionate-share formula
 3388  provided in this subparagraph shall be applied only to those
 3389  facilities that are determined to be significantly impacted by
 3390  the project traffic under review. If any road is determined to
 3391  be transportation deficient without the project traffic under
 3392  review, the costs of correcting that deficiency shall be removed
 3393  from the project’s proportionate-share calculation and the
 3394  necessary transportation improvements to correct that deficiency
 3395  shall be considered to be in place for purposes of the
 3396  proportionate-share calculation. The improvement necessary to
 3397  correct the transportation deficiency is the funding
 3398  responsibility of the entity that has maintenance responsibility
 3399  for the facility. The development’s proportionate share shall be
 3400  calculated only for the needed transportation improvements that
 3401  are greater than the identified deficiency.
 3402         (C) When the provisions of this subparagraph have been
 3403  satisfied for a particular stage or phase of development, all
 3404  transportation impacts from that stage or phase for which
 3405  mitigation was required and provided shall be deemed fully
 3406  mitigated in any transportation analysis for a subsequent stage
 3407  or phase of development. Trips from a previous stage or phase
 3408  that did not result in impacts for which mitigation was required
 3409  or provided may be cumulatively analyzed with trips from a
 3410  subsequent stage or phase to determine whether an impact
 3411  requires mitigation for the subsequent stage or phase.
 3412         (D) In projecting the number of trips to be generated by
 3413  the development under review, any trips assigned to a toll
 3414  financed facility shall be eliminated from the analysis.
 3415         (E) The applicant shall receive a credit on a dollar-for
 3416  dollar basis for impact fees, mobility fees, and other
 3417  transportation concurrency mitigation requirements paid or
 3418  payable in the future for the project. The credit shall be
 3419  reduced up to 20 percent by the percentage share that the
 3420  project’s traffic represents of the added capacity of the
 3421  selected improvement, or by the amount specified by local
 3422  ordinance, whichever yields the greater credit.
 3423         d. This subsection does not require a local government to
 3424  approve a development that is not otherwise qualified for
 3425  approval pursuant to the applicable local comprehensive plan and
 3426  land development regulations.
 3427         e. As used in this subsection, the term “transportation
 3428  deficiency” means a facility or facilities on which the adopted
 3429  level-of-service standard is exceeded by the existing,
 3430  committed, and vested trips, plus additional projected
 3431  background trips from any source other than the development
 3432  project under review, and trips that are forecast by established
 3433  traffic standards, including traffic modeling, consistent with
 3434  the University of Florida’s Bureau of Economic and Business
 3435  Research medium population projections. Additional projected
 3436  background trips are to be coincident with the particular stage
 3437  or phase of development under review.
 3438         (a) The Legislature finds that under limited circumstances,
 3439  countervailing planning and public policy goals may come into
 3440  conflict with the requirement that adequate public
 3441  transportation facilities and services be available concurrent
 3442  with the impacts of such development. The Legislature further
 3443  finds that the unintended result of the concurrency requirement
 3444  for transportation facilities is often the discouragement of
 3445  urban infill development and redevelopment. Such unintended
 3446  results directly conflict with the goals and policies of the
 3447  state comprehensive plan and the intent of this part. The
 3448  Legislature also finds that in urban centers transportation
 3449  cannot be effectively managed and mobility cannot be improved
 3450  solely through the expansion of roadway capacity, that the
 3451  expansion of roadway capacity is not always physically or
 3452  financially possible, and that a range of transportation
 3453  alternatives is essential to satisfy mobility needs, reduce
 3454  congestion, and achieve healthy, vibrant centers.
 3455         (b)1. The following are transportation concurrency
 3456  exception areas:
 3457         a. A municipality that qualifies as a dense urban land area
 3458  under s. 163.3164;
 3459         b. An urban service area under s. 163.3164 that has been
 3460  adopted into the local comprehensive plan and is located within
 3461  a county that qualifies as a dense urban land area under s.
 3462  163.3164; and
 3463         c. A county, including the municipalities located therein,
 3464  which has a population of at least 900,000 and qualifies as a
 3465  dense urban land area under s. 163.3164, but does not have an
 3466  urban service area designated in the local comprehensive plan.
 3467         2. A municipality that does not qualify as a dense urban
 3468  land area pursuant to s. 163.3164 may designate in its local
 3469  comprehensive plan the following areas as transportation
 3470  concurrency exception areas:
 3471         a. Urban infill as defined in s. 163.3164;
 3472         b. Community redevelopment areas as defined in s. 163.340;
 3473         c. Downtown revitalization areas as defined in s. 163.3164;
 3474         d. Urban infill and redevelopment under s. 163.2517; or
 3475         e. Urban service areas as defined in s. 163.3164 or areas
 3476  within a designated urban service boundary under s.
 3477  163.3177(14).
 3478         3. A county that does not qualify as a dense urban land
 3479  area pursuant to s. 163.3164 may designate in its local
 3480  comprehensive plan the following areas as transportation
 3481  concurrency exception areas:
 3482         a. Urban infill as defined in s. 163.3164;
 3483         b. Urban infill and redevelopment under s. 163.2517; or
 3484         c. Urban service areas as defined in s. 163.3164.
 3485         4. A local government that has a transportation concurrency
 3486  exception area designated pursuant to subparagraph 1.,
 3487  subparagraph 2., or subparagraph 3. shall, within 2 years after
 3488  the designated area becomes exempt, adopt into its local
 3489  comprehensive plan land use and transportation strategies to
 3490  support and fund mobility within the exception area, including
 3491  alternative modes of transportation. Local governments are
 3492  encouraged to adopt complementary land use and transportation
 3493  strategies that reflect the region’s shared vision for its
 3494  future. If the state land planning agency finds insufficient
 3495  cause for the failure to adopt into its comprehensive plan land
 3496  use and transportation strategies to support and fund mobility
 3497  within the designated exception area after 2 years, it shall
 3498  submit the finding to the Administration Commission, which may
 3499  impose any of the sanctions set forth in s. 163.3184(11)(a) and
 3500  (b) against the local government.
 3501         5. Transportation concurrency exception areas designated
 3502  pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
 3503  do not apply to designated transportation concurrency districts
 3504  located within a county that has a population of at least 1.5
 3505  million, has implemented and uses a transportation-related
 3506  concurrency assessment to support alternative modes of
 3507  transportation, including, but not limited to, mass transit, and
 3508  does not levy transportation impact fees within the concurrency
 3509  district.
 3510         6. Transportation concurrency exception areas designated
 3511  under subparagraph 1., subparagraph 2., or subparagraph 3. do
 3512  not apply in any county that has exempted more than 40 percent
 3513  of the area inside the urban service area from transportation
 3514  concurrency for the purpose of urban infill.
 3515         7. A local government that does not have a transportation
 3516  concurrency exception area designated pursuant to subparagraph
 3517  1., subparagraph 2., or subparagraph 3. may grant an exception
 3518  from the concurrency requirement for transportation facilities
 3519  if the proposed development is otherwise consistent with the
 3520  adopted local government comprehensive plan and is a project
 3521  that promotes public transportation or is located within an area
 3522  designated in the comprehensive plan for:
 3523         a. Urban infill development;
 3524         b. Urban redevelopment;
 3525         c. Downtown revitalization;
 3526         d. Urban infill and redevelopment under s. 163.2517; or
 3527         e. An urban service area specifically designated as a
 3528  transportation concurrency exception area which includes lands
 3529  appropriate for compact, contiguous urban development, which
 3530  does not exceed the amount of land needed to accommodate the
 3531  projected population growth at densities consistent with the
 3532  adopted comprehensive plan within the 10-year planning period,
 3533  and which is served or is planned to be served with public
 3534  facilities and services as provided by the capital improvements
 3535  element.
 3536         (c) The Legislature also finds that developments located
 3537  within urban infill, urban redevelopment, urban service, or
 3538  downtown revitalization areas or areas designated as urban
 3539  infill and redevelopment areas under s. 163.2517, which pose
 3540  only special part-time demands on the transportation system, are
 3541  exempt from the concurrency requirement for transportation
 3542  facilities. A special part-time demand is one that does not have
 3543  more than 200 scheduled events during any calendar year and does
 3544  not affect the 100 highest traffic volume hours.
 3545         (d) Except for transportation concurrency exception areas
 3546  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
 3547  or subparagraph (b)3., the following requirements apply:
 3548         1. The local government shall both adopt into the
 3549  comprehensive plan and implement long-term strategies to support
 3550  and fund mobility within the designated exception area,
 3551  including alternative modes of transportation. The plan
 3552  amendment must also demonstrate how strategies will support the
 3553  purpose of the exception and how mobility within the designated
 3554  exception area will be provided.
 3555         2. The strategies must address urban design; appropriate
 3556  land use mixes, including intensity and density; and network
 3557  connectivity plans needed to promote urban infill,
 3558  redevelopment, or downtown revitalization. The comprehensive
 3559  plan amendment designating the concurrency exception area must
 3560  be accompanied by data and analysis supporting the local
 3561  government’s determination of the boundaries of the
 3562  transportation concurrency exception area.
 3563         (e) Before designating a concurrency exception area
 3564  pursuant to subparagraph (b)7., the state land planning agency
 3565  and the Department of Transportation shall be consulted by the
 3566  local government to assess the impact that the proposed
 3567  exception area is expected to have on the adopted level-of
 3568  service standards established for regional transportation
 3569  facilities identified pursuant to s. 186.507, including the
 3570  Strategic Intermodal System and roadway facilities funded in
 3571  accordance with s. 339.2819. Further, the local government shall
 3572  provide a plan for the mitigation of impacts to the Strategic
 3573  Intermodal System, including, if appropriate, access management,
 3574  parallel reliever roads, transportation demand management, and
 3575  other measures.
 3576         (f) The designation of a transportation concurrency
 3577  exception area does not limit a local government’s home rule
 3578  power to adopt ordinances or impose fees. This subsection does
 3579  not affect any contract or agreement entered into or development
 3580  order rendered before the creation of the transportation
 3581  concurrency exception area except as provided in s.
 3582  380.06(29)(e).
 3583         (g) The Office of Program Policy Analysis and Government
 3584  Accountability shall submit to the President of the Senate and
 3585  the Speaker of the House of Representatives by February 1, 2015,
 3586  a report on transportation concurrency exception areas created
 3587  pursuant to this subsection. At a minimum, the report shall
 3588  address the methods that local governments have used to
 3589  implement and fund transportation strategies to achieve the
 3590  purposes of designated transportation concurrency exception
 3591  areas, and the effects of the strategies on mobility,
 3592  congestion, urban design, the density and intensity of land use
 3593  mixes, and network connectivity plans used to promote urban
 3594  infill, redevelopment, or downtown revitalization.
 3595         (6) The Legislature finds that a de minimis impact is
 3596  consistent with this part. A de minimis impact is an impact that
 3597  would not affect more than 1 percent of the maximum volume at
 3598  the adopted level of service of the affected transportation
 3599  facility as determined by the local government. No impact will
 3600  be de minimis if the sum of existing roadway volumes and the
 3601  projected volumes from approved projects on a transportation
 3602  facility would exceed 110 percent of the maximum volume at the
 3603  adopted level of service of the affected transportation
 3604  facility; provided however, that an impact of a single family
 3605  home on an existing lot will constitute a de minimis impact on
 3606  all roadways regardless of the level of the deficiency of the
 3607  roadway. Further, no impact will be de minimis if it would
 3608  exceed the adopted level-of-service standard of any affected
 3609  designated hurricane evacuation routes. Each local government
 3610  shall maintain sufficient records to ensure that the 110-percent
 3611  criterion is not exceeded. Each local government shall submit
 3612  annually, with its updated capital improvements element, a
 3613  summary of the de minimis records. If the state land planning
 3614  agency determines that the 110-percent criterion has been
 3615  exceeded, the state land planning agency shall notify the local
 3616  government of the exceedance and that no further de minimis
 3617  exceptions for the applicable roadway may be granted until such
 3618  time as the volume is reduced below the 110 percent. The local
 3619  government shall provide proof of this reduction to the state
 3620  land planning agency before issuing further de minimis
 3621  exceptions.
 3622         (7) In order to promote infill development and
 3623  redevelopment, one or more transportation concurrency management
 3624  areas may be designated in a local government comprehensive
 3625  plan. A transportation concurrency management area must be a
 3626  compact geographic area with an existing network of roads where
 3627  multiple, viable alternative travel paths or modes are available
 3628  for common trips. A local government may establish an areawide
 3629  level-of-service standard for such a transportation concurrency
 3630  management area based upon an analysis that provides for a
 3631  justification for the areawide level of service, how urban
 3632  infill development or redevelopment will be promoted, and how
 3633  mobility will be accomplished within the transportation
 3634  concurrency management area. Prior to the designation of a
 3635  concurrency management area, the Department of Transportation
 3636  shall be consulted by the local government to assess the impact
 3637  that the proposed concurrency management area is expected to
 3638  have on the adopted level-of-service standards established for
 3639  Strategic Intermodal System facilities, as defined in s. 339.64,
 3640  and roadway facilities funded in accordance with s. 339.2819.
 3641  Further, the local government shall, in cooperation with the
 3642  Department of Transportation, develop a plan to mitigate any
 3643  impacts to the Strategic Intermodal System, including, if
 3644  appropriate, the development of a long-term concurrency
 3645  management system pursuant to subsection (9) and s.
 3646  163.3177(3)(d). Transportation concurrency management areas
 3647  existing prior to July 1, 2005, shall meet, at a minimum, the
 3648  provisions of this section by July 1, 2006, or at the time of
 3649  the comprehensive plan update pursuant to the evaluation and
 3650  appraisal report, whichever occurs last. The state land planning
 3651  agency shall amend chapter 9J-5, Florida Administrative Code, to
 3652  be consistent with this subsection.
 3653         (8) When assessing the transportation impacts of proposed
 3654  urban redevelopment within an established existing urban service
 3655  area, 110 percent of the actual transportation impact caused by
 3656  the previously existing development must be reserved for the
 3657  redevelopment, even if the previously existing development has a
 3658  lesser or nonexisting impact pursuant to the calculations of the
 3659  local government. Redevelopment requiring less than 110 percent
 3660  of the previously existing capacity shall not be prohibited due
 3661  to the reduction of transportation levels of service below the
 3662  adopted standards. This does not preclude the appropriate
 3663  assessment of fees or accounting for the impacts within the
 3664  concurrency management system and capital improvements program
 3665  of the affected local government. This paragraph does not affect
 3666  local government requirements for appropriate development
 3667  permits.
 3668         (9)(a) Each local government may adopt as a part of its
 3669  plan, long-term transportation and school concurrency management
 3670  systems with a planning period of up to 10 years for specially
 3671  designated districts or areas where significant backlogs exist.
 3672  The plan may include interim level-of-service standards on
 3673  certain facilities and shall rely on the local government’s
 3674  schedule of capital improvements for up to 10 years as a basis
 3675  for issuing development orders that authorize commencement of
 3676  construction in these designated districts or areas. The
 3677  concurrency management system must be designed to correct
 3678  existing deficiencies and set priorities for addressing
 3679  backlogged facilities. The concurrency management system must be
 3680  financially feasible and consistent with other portions of the
 3681  adopted local plan, including the future land use map.
 3682         (b) If a local government has a transportation or school
 3683  facility backlog for existing development which cannot be
 3684  adequately addressed in a 10-year plan, the state land planning
 3685  agency may allow it to develop a plan and long-term schedule of
 3686  capital improvements covering up to 15 years for good and
 3687  sufficient cause, based on a general comparison between that
 3688  local government and all other similarly situated local
 3689  jurisdictions, using the following factors:
 3690         1. The extent of the backlog.
 3691         2. For roads, whether the backlog is on local or state
 3692  roads.
 3693         3. The cost of eliminating the backlog.
 3694         4. The local government’s tax and other revenue-raising
 3695  efforts.
 3696         (c) The local government may issue approvals to commence
 3697  construction notwithstanding this section, consistent with and
 3698  in areas that are subject to a long-term concurrency management
 3699  system.
 3700         (d) If the local government adopts a long-term concurrency
 3701  management system, it must evaluate the system periodically. At
 3702  a minimum, the local government must assess its progress toward
 3703  improving levels of service within the long-term concurrency
 3704  management district or area in the evaluation and appraisal
 3705  report and determine any changes that are necessary to
 3706  accelerate progress in meeting acceptable levels of service.
 3707         (10) Except in transportation concurrency exception areas,
 3708  with regard to roadway facilities on the Strategic Intermodal
 3709  System designated in accordance with s. 339.63, local
 3710  governments shall adopt the level-of-service standard
 3711  established by the Department of Transportation by rule.
 3712  However, if the Office of Tourism, Trade, and Economic
 3713  Development concurs in writing with the local government that
 3714  the proposed development is for a qualified job creation project
 3715  under s. 288.0656 or s. 403.973, the affected local government,
 3716  after consulting with the Department of Transportation, may
 3717  provide for a waiver of transportation concurrency for the
 3718  project. For all other roads on the State Highway System, local
 3719  governments shall establish an adequate level-of-service
 3720  standard that need not be consistent with any level-of-service
 3721  standard established by the Department of Transportation. In
 3722  establishing adequate level-of-service standards for any
 3723  arterial roads, or collector roads as appropriate, which
 3724  traverse multiple jurisdictions, local governments shall
 3725  consider compatibility with the roadway facility’s adopted
 3726  level-of-service standards in adjacent jurisdictions. Each local
 3727  government within a county shall use a professionally accepted
 3728  methodology for measuring impacts on transportation facilities
 3729  for the purposes of implementing its concurrency management
 3730  system. Counties are encouraged to coordinate with adjacent
 3731  counties, and local governments within a county are encouraged
 3732  to coordinate, for the purpose of using common methodologies for
 3733  measuring impacts on transportation facilities for the purpose
 3734  of implementing their concurrency management systems.
 3735         (11) In order to limit the liability of local governments,
 3736  a local government may allow a landowner to proceed with
 3737  development of a specific parcel of land notwithstanding a
 3738  failure of the development to satisfy transportation
 3739  concurrency, when all the following factors are shown to exist:
 3740         (a) The local government with jurisdiction over the
 3741  property has adopted a local comprehensive plan that is in
 3742  compliance.
 3743         (b) The proposed development would be consistent with the
 3744  future land use designation for the specific property and with
 3745  pertinent portions of the adopted local plan, as determined by
 3746  the local government.
 3747         (c) The local plan includes a financially feasible capital
 3748  improvements element that provides for transportation facilities
 3749  adequate to serve the proposed development, and the local
 3750  government has not implemented that element.
 3751         (d) The local government has provided a means by which the
 3752  landowner will be assessed a fair share of the cost of providing
 3753  the transportation facilities necessary to serve the proposed
 3754  development.
 3755         (e) The landowner has made a binding commitment to the
 3756  local government to pay the fair share of the cost of providing
 3757  the transportation facilities to serve the proposed development.
 3758         (12)(a) A development of regional impact may satisfy the
 3759  transportation concurrency requirements of the local
 3760  comprehensive plan, the local government’s concurrency
 3761  management system, and s. 380.06 by payment of a proportionate
 3762  share contribution for local and regionally significant traffic
 3763  impacts, if:
 3764         1. The development of regional impact which, based on its
 3765  location or mix of land uses, is designed to encourage
 3766  pedestrian or other nonautomotive modes of transportation;
 3767         2. The proportionate-share contribution for local and
 3768  regionally significant traffic impacts is sufficient to pay for
 3769  one or more required mobility improvements that will benefit a
 3770  regionally significant transportation facility;
 3771         3. The owner and developer of the development of regional
 3772  impact pays or assures payment of the proportionate-share
 3773  contribution; and
 3774         4. If the regionally significant transportation facility to
 3775  be constructed or improved is under the maintenance authority of
 3776  a governmental entity, as defined by s. 334.03(12), other than
 3777  the local government with jurisdiction over the development of
 3778  regional impact, the developer is required to enter into a
 3779  binding and legally enforceable commitment to transfer funds to
 3780  the governmental entity having maintenance authority or to
 3781  otherwise assure construction or improvement of the facility.
 3782  
 3783  The proportionate-share contribution may be applied to any
 3784  transportation facility to satisfy the provisions of this
 3785  subsection and the local comprehensive plan, but, for the
 3786  purposes of this subsection, the amount of the proportionate
 3787  share contribution shall be calculated based upon the cumulative
 3788  number of trips from the proposed development expected to reach
 3789  roadways during the peak hour from the complete buildout of a
 3790  stage or phase being approved, divided by the change in the peak
 3791  hour maximum service volume of roadways resulting from
 3792  construction of an improvement necessary to maintain the adopted
 3793  level of service, multiplied by the construction cost, at the
 3794  time of developer payment, of the improvement necessary to
 3795  maintain the adopted level of service. For purposes of this
 3796  subsection, “construction cost” includes all associated costs of
 3797  the improvement. Proportionate-share mitigation shall be limited
 3798  to ensure that a development of regional impact meeting the
 3799  requirements of this subsection mitigates its impact on the
 3800  transportation system but is not responsible for the additional
 3801  cost of reducing or eliminating backlogs. This subsection also
 3802  applies to Florida Quality Developments pursuant to s. 380.061
 3803  and to detailed specific area plans implementing optional sector
 3804  plans pursuant to s. 163.3245.
 3805         (b) As used in this subsection, the term “backlog” means a
 3806  facility or facilities on which the adopted level-of-service
 3807  standard is exceeded by the existing trips, plus additional
 3808  projected background trips from any source other than the
 3809  development project under review that are forecast by
 3810  established traffic standards, including traffic modeling,
 3811  consistent with the University of Florida Bureau of Economic and
 3812  Business Research medium population projections. Additional
 3813  projected background trips are to be coincident with the
 3814  particular stage or phase of development under review.
 3815         (13) School concurrency shall be established on a
 3816  districtwide basis and shall include all public schools in the
 3817  district and all portions of the district, whether located in a
 3818  municipality or an unincorporated area unless exempt from the
 3819  public school facilities element pursuant to s. 163.3177(12).
 3820         (6)(a) If concurrency is applied to public education
 3821  facilities, The application of school concurrency to development
 3822  shall be based upon the adopted comprehensive plan, as amended.
 3823  all local governments within a county, except as provided in
 3824  paragraph (i) (f), shall include principles, guidelines,
 3825  standards, and strategies, including adopted levels of service,
 3826  in their comprehensive plans and adopt and transmit to the state
 3827  land planning agency the necessary plan amendments, along with
 3828  the interlocal agreements. If the county and one or more
 3829  municipalities have adopted school concurrency into its
 3830  comprehensive plan and interlocal agreement that represents at
 3831  least 80 percent of the total countywide population, the failure
 3832  of one or more municipalities to adopt the concurrency and enter
 3833  into the interlocal agreement does not preclude implementation
 3834  of school concurrency within jurisdictions of the school
 3835  district that have opted to implement concurrency. agreement,
 3836  for a compliance review pursuant to s. 163.3184(7) and (8). The
 3837  minimum requirements for school concurrency are the following:
 3838         (a) Public school facilities element.—A local government
 3839  shall adopt and transmit to the state land planning agency a
 3840  plan or plan amendment which includes a public school facilities
 3841  element which is consistent with the requirements of s.
 3842  163.3177(12) and which is determined to be in compliance as
 3843  defined in s. 163.3184(1)(b). All local government provisions
 3844  included in comprehensive plans regarding school concurrency
 3845  public school facilities plan elements within a county must be
 3846  consistent with each other as well as the requirements of this
 3847  part.
 3848         (b) Level-of-service standards.—The Legislature recognizes
 3849  that an essential requirement for a concurrency management
 3850  system is the level of service at which a public facility is
 3851  expected to operate.
 3852         1. Local governments and school boards imposing school
 3853  concurrency shall exercise authority in conjunction with each
 3854  other to establish jointly adequate level-of-service standards,
 3855  as defined in chapter 9J-5, Florida Administrative Code,
 3856  necessary to implement the adopted local government
 3857  comprehensive plan, based on data and analysis.
 3858         (c)2. Public school level-of-service standards shall be
 3859  included and adopted into the capital improvements element of
 3860  the local comprehensive plan and shall apply districtwide to all
 3861  schools of the same type. Types of schools may include
 3862  elementary, middle, and high schools as well as special purpose
 3863  facilities such as magnet schools.
 3864         (d)3. Local governments and school boards may shall have
 3865  the option to utilize tiered level-of-service standards to allow
 3866  time to achieve an adequate and desirable level of service as
 3867  circumstances warrant.
 3868         (e)4. For the purpose of determining whether levels of
 3869  service have been achieved, for the first 3 years of school
 3870  concurrency implementation, A school district that includes
 3871  relocatable facilities in its inventory of student stations
 3872  shall include the capacity of such relocatable facilities as
 3873  provided in s. 1013.35(2)(b)2.f., provided the relocatable
 3874  facilities were purchased after 1998 and the relocatable
 3875  facilities meet the standards for long-term use pursuant to s.
 3876  1013.20.
 3877         (c) Service areas.—The Legislature recognizes that an
 3878  essential requirement for a concurrency system is a designation
 3879  of the area within which the level of service will be measured
 3880  when an application for a residential development permit is
 3881  reviewed for school concurrency purposes. This delineation is
 3882  also important for purposes of determining whether the local
 3883  government has a financially feasible public school capital
 3884  facilities program that will provide schools which will achieve
 3885  and maintain the adopted level-of-service standards.
 3886         (f)1. In order to balance competing interests, preserve the
 3887  constitutional concept of uniformity, and avoid disruption of
 3888  existing educational and growth management processes, local
 3889  governments are encouraged, if they elect to adopt school
 3890  concurrency, to initially apply school concurrency to
 3891  development only on a districtwide basis so that a concurrency
 3892  determination for a specific development will be based upon the
 3893  availability of school capacity districtwide. To ensure that
 3894  development is coordinated with schools having available
 3895  capacity, within 5 years after adoption of school concurrency,
 3896  2. If a local government elects to governments shall apply
 3897  school concurrency on a less than districtwide basis, by such as
 3898  using school attendance zones or concurrency service areas:, as
 3899  provided in subparagraph 2.
 3900         a.2.For local governments applying school concurrency on a
 3901  less than districtwide basis, such as utilizing school
 3902  attendance zones or larger school concurrency service areas,
 3903  Local governments and school boards shall have the burden to
 3904  demonstrate that the utilization of school capacity is maximized
 3905  to the greatest extent possible in the comprehensive plan and
 3906  amendment, taking into account transportation costs and court
 3907  approved desegregation plans, as well as other factors. In
 3908  addition, in order to achieve concurrency within the service
 3909  area boundaries selected by local governments and school boards,
 3910  the service area boundaries, together with the standards for
 3911  establishing those boundaries, shall be identified and included
 3912  as supporting data and analysis for the comprehensive plan.
 3913         b.3. Where school capacity is available on a districtwide
 3914  basis but school concurrency is applied on a less than
 3915  districtwide basis in the form of concurrency service areas, if
 3916  the adopted level-of-service standard cannot be met in a
 3917  particular service area as applied to an application for a
 3918  development permit and if the needed capacity for the particular
 3919  service area is available in one or more contiguous service
 3920  areas, as adopted by the local government, then the local
 3921  government may not deny an application for site plan or final
 3922  subdivision approval or the functional equivalent for a
 3923  development or phase of a development on the basis of school
 3924  concurrency, and if issued, development impacts shall be
 3925  subtracted from the shifted to contiguous service area’s areas
 3926  with schools having available capacity totals. Students from the
 3927  development may not be required to go to the adjacent service
 3928  area unless the school board rezones the area in which the
 3929  development occurs.
 3930         (g)(d)Financial feasibility.—The Legislature recognizes
 3931  that financial feasibility is an important issue because The
 3932  premise of concurrency is that the public facilities will be
 3933  provided in order to achieve and maintain the adopted level-of
 3934  service standard. This part and chapter 9J-5, Florida
 3935  Administrative Code, contain specific standards to determine the
 3936  financial feasibility of capital programs. These standards were
 3937  adopted to make concurrency more predictable and local
 3938  governments more accountable.
 3939         1. A comprehensive plan that imposes amendment seeking to
 3940  impose school concurrency shall contain appropriate amendments
 3941  to the capital improvements element of the comprehensive plan,
 3942  consistent with the requirements of s. 163.3177(3) and rule 9J
 3943  5.016, Florida Administrative Code. The capital improvements
 3944  element shall identify facilities necessary to meet adopted
 3945  levels of service during a 5-year period consistent with the
 3946  school board’s educational set forth a financially feasible
 3947  public school capital facilities plan program, established in
 3948  conjunction with the school board, that demonstrates that the
 3949  adopted level-of-service standards will be achieved and
 3950  maintained.
 3951         (h)1. In order to limit the liability of local governments,
 3952  a local government may allow a landowner to proceed with
 3953  development of a specific parcel of land notwithstanding a
 3954  failure of the development to satisfy school concurrency, if all
 3955  the following factors are shown to exist:
 3956         a. The proposed development would be consistent with the
 3957  future land use designation for the specific property and with
 3958  pertinent portions of the adopted local plan, as determined by
 3959  the local government.
 3960         b. The local government’s capital improvements element and
 3961  the school board’s educational facilities plan provide for
 3962  school facilities adequate to serve the proposed development,
 3963  and the local government or school board has not implemented
 3964  that element or the project includes a plan that demonstrates
 3965  that the capital facilities needed as a result of the project
 3966  can be reasonably provided.
 3967         c. The local government and school board have provided a
 3968  means by which the landowner will be assessed a proportionate
 3969  share of the cost of providing the school facilities necessary
 3970  to serve the proposed development.
 3971         2. Such amendments shall demonstrate that the public school
 3972  capital facilities program meets all of the financial
 3973  feasibility standards of this part and chapter 9J-5, Florida
 3974  Administrative Code, that apply to capital programs which
 3975  provide the basis for mandatory concurrency on other public
 3976  facilities and services.
 3977         3. When the financial feasibility of a public school
 3978  capital facilities program is evaluated by the state land
 3979  planning agency for purposes of a compliance determination, the
 3980  evaluation shall be based upon the service areas selected by the
 3981  local governments and school board.
 3982         2.(e) Availability standard.—Consistent with the public
 3983  welfare, If a local government applies school concurrency, it
 3984  may not deny an application for site plan, final subdivision
 3985  approval, or the functional equivalent for a development or
 3986  phase of a development authorizing residential development for
 3987  failure to achieve and maintain the level-of-service standard
 3988  for public school capacity in a local school concurrency
 3989  management system where adequate school facilities will be in
 3990  place or under actual construction within 3 years after the
 3991  issuance of final subdivision or site plan approval, or the
 3992  functional equivalent. School concurrency is satisfied if the
 3993  developer executes a legally binding commitment to provide
 3994  mitigation proportionate to the demand for public school
 3995  facilities to be created by actual development of the property,
 3996  including, but not limited to, the options described in sub
 3997  subparagraph a. subparagraph 1. Options for proportionate-share
 3998  mitigation of impacts on public school facilities must be
 3999  established in the comprehensive plan public school facilities
 4000  element and the interlocal agreement pursuant to s. 163.31777.
 4001         a.1. Appropriate mitigation options include the
 4002  contribution of land; the construction, expansion, or payment
 4003  for land acquisition or construction of a public school
 4004  facility; the construction of a charter school that complies
 4005  with the requirements of s. 1002.33(18); or the creation of
 4006  mitigation banking based on the construction of a public school
 4007  facility in exchange for the right to sell capacity credits.
 4008  Such options must include execution by the applicant and the
 4009  local government of a development agreement that constitutes a
 4010  legally binding commitment to pay proportionate-share mitigation
 4011  for the additional residential units approved by the local
 4012  government in a development order and actually developed on the
 4013  property, taking into account residential density allowed on the
 4014  property prior to the plan amendment that increased the overall
 4015  residential density. The district school board must be a party
 4016  to such an agreement. As a condition of its entry into such a
 4017  development agreement, the local government may require the
 4018  landowner to agree to continuing renewal of the agreement upon
 4019  its expiration.
 4020         b.2. If the interlocal agreement education facilities plan
 4021  and the local government comprehensive plan public educational
 4022  facilities element authorize a contribution of land; the
 4023  construction, expansion, or payment for land acquisition; the
 4024  construction or expansion of a public school facility, or a
 4025  portion thereof; or the construction of a charter school that
 4026  complies with the requirements of s. 1002.33(18), as
 4027  proportionate-share mitigation, the local government shall
 4028  credit such a contribution, construction, expansion, or payment
 4029  toward any other impact fee or exaction imposed by local
 4030  ordinance for the same need, on a dollar-for-dollar basis at
 4031  fair market value.
 4032         c.3. Any proportionate-share mitigation must be directed by
 4033  the school board toward a school capacity improvement identified
 4034  in the a financially feasible 5-year school board’s educational
 4035  facilities district work plan that satisfies the demands created
 4036  by the development in accordance with a binding developer’s
 4037  agreement.
 4038         4. If a development is precluded from commencing because
 4039  there is inadequate classroom capacity to mitigate the impacts
 4040  of the development, the development may nevertheless commence if
 4041  there are accelerated facilities in an approved capital
 4042  improvement element scheduled for construction in year four or
 4043  later of such plan which, when built, will mitigate the proposed
 4044  development, or if such accelerated facilities will be in the
 4045  next annual update of the capital facilities element, the
 4046  developer enters into a binding, financially guaranteed
 4047  agreement with the school district to construct an accelerated
 4048  facility within the first 3 years of an approved capital
 4049  improvement plan, and the cost of the school facility is equal
 4050  to or greater than the development’s proportionate share. When
 4051  the completed school facility is conveyed to the school
 4052  district, the developer shall receive impact fee credits usable
 4053  within the zone where the facility is constructed or any
 4054  attendance zone contiguous with or adjacent to the zone where
 4055  the facility is constructed.
 4056         3.5. This paragraph does not limit the authority of a local
 4057  government to deny a development permit or its functional
 4058  equivalent pursuant to its home rule regulatory powers, except
 4059  as provided in this part.
 4060         (i)(f) Intergovernmental coordination.
 4061         1. When establishing concurrency requirements for public
 4062  schools, a local government shall satisfy the requirements for
 4063  intergovernmental coordination set forth in s. 163.3177(6)(h)1.
 4064  and 2., except that A municipality is not required to be a
 4065  signatory to the interlocal agreement required by paragraph (j)
 4066  ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
 4067  imposition of school concurrency, and as a nonsignatory, may
 4068  shall not participate in the adopted local school concurrency
 4069  system, if the municipality meets all of the following criteria
 4070  for having no significant impact on school attendance:
 4071         1.a. The municipality has issued development orders for
 4072  fewer than 50 residential dwelling units during the preceding 5
 4073  years, or the municipality has generated fewer than 25
 4074  additional public school students during the preceding 5 years.
 4075         2.b. The municipality has not annexed new land during the
 4076  preceding 5 years in land use categories which permit
 4077  residential uses that will affect school attendance rates.
 4078         3.c. The municipality has no public schools located within
 4079  its boundaries.
 4080         4.d. At least 80 percent of the developable land within the
 4081  boundaries of the municipality has been built upon.
 4082         2. A municipality which qualifies as having no significant
 4083  impact on school attendance pursuant to the criteria of
 4084  subparagraph 1. must review and determine at the time of its
 4085  evaluation and appraisal report pursuant to s. 163.3191 whether
 4086  it continues to meet the criteria pursuant to s. 163.31777(6).
 4087  If the municipality determines that it no longer meets the
 4088  criteria, it must adopt appropriate school concurrency goals,
 4089  objectives, and policies in its plan amendments based on the
 4090  evaluation and appraisal report, and enter into the existing
 4091  interlocal agreement required by ss. 163.3177(6)(h)2. and
 4092  163.31777, in order to fully participate in the school
 4093  concurrency system. If such a municipality fails to do so, it
 4094  will be subject to the enforcement provisions of s. 163.3191.
 4095         (j)(g)Interlocal agreement for school concurrency.When
 4096  establishing concurrency requirements for public schools, a
 4097  local government must enter into an interlocal agreement that
 4098  satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
 4099  163.31777 and the requirements of this subsection. The
 4100  interlocal agreement shall acknowledge both the school board’s
 4101  constitutional and statutory obligations to provide a uniform
 4102  system of free public schools on a countywide basis, and the
 4103  land use authority of local governments, including their
 4104  authority to approve or deny comprehensive plan amendments and
 4105  development orders. The interlocal agreement shall be submitted
 4106  to the state land planning agency by the local government as a
 4107  part of the compliance review, along with the other necessary
 4108  amendments to the comprehensive plan required by this part. In
 4109  addition to the requirements of ss. 163.3177(6)(h) and
 4110  163.31777, The interlocal agreement shall meet the following
 4111  requirements:
 4112         1. Establish the mechanisms for coordinating the
 4113  development, adoption, and amendment of each local government’s
 4114  school concurrency related provisions of the comprehensive plan
 4115  public school facilities element with each other and the plans
 4116  of the school board to ensure a uniform districtwide school
 4117  concurrency system.
 4118         2. Establish a process for the development of siting
 4119  criteria which encourages the location of public schools
 4120  proximate to urban residential areas to the extent possible and
 4121  seeks to collocate schools with other public facilities such as
 4122  parks, libraries, and community centers to the extent possible.
 4123         2.3. Specify uniform, districtwide level-of-service
 4124  standards for public schools of the same type and the process
 4125  for modifying the adopted level-of-service standards.
 4126         4. Establish a process for the preparation, amendment, and
 4127  joint approval by each local government and the school board of
 4128  a public school capital facilities program which is financially
 4129  feasible, and a process and schedule for incorporation of the
 4130  public school capital facilities program into the local
 4131  government comprehensive plans on an annual basis.
 4132         3.5. Define the geographic application of school
 4133  concurrency. If school concurrency is to be applied on a less
 4134  than districtwide basis in the form of concurrency service
 4135  areas, the agreement shall establish criteria and standards for
 4136  the establishment and modification of school concurrency service
 4137  areas. The agreement shall also establish a process and schedule
 4138  for the mandatory incorporation of the school concurrency
 4139  service areas and the criteria and standards for establishment
 4140  of the service areas into the local government comprehensive
 4141  plans. The agreement shall ensure maximum utilization of school
 4142  capacity, taking into account transportation costs and court
 4143  approved desegregation plans, as well as other factors. The
 4144  agreement shall also ensure the achievement and maintenance of
 4145  the adopted level-of-service standards for the geographic area
 4146  of application throughout the 5 years covered by the public
 4147  school capital facilities plan and thereafter by adding a new
 4148  fifth year during the annual update.
 4149         4.6. Establish a uniform districtwide procedure for
 4150  implementing school concurrency which provides for:
 4151         a. The evaluation of development applications for
 4152  compliance with school concurrency requirements, including
 4153  information provided by the school board on affected schools,
 4154  impact on levels of service, and programmed improvements for
 4155  affected schools and any options to provide sufficient capacity;
 4156         b. An opportunity for the school board to review and
 4157  comment on the effect of comprehensive plan amendments and
 4158  rezonings on the public school facilities plan; and
 4159         c. The monitoring and evaluation of the school concurrency
 4160  system.
 4161         7. Include provisions relating to amendment of the
 4162  agreement.
 4163         5.8. A process and uniform methodology for determining
 4164  proportionate-share mitigation pursuant to paragraph (h)
 4165  subparagraph (e)1.
 4166         (k)(h)Local government authority.This subsection does not
 4167  limit the authority of a local government to grant or deny a
 4168  development permit or its functional equivalent prior to the
 4169  implementation of school concurrency.
 4170         (14) The state land planning agency shall, by October 1,
 4171  1998, adopt by rule minimum criteria for the review and
 4172  determination of compliance of a public school facilities
 4173  element adopted by a local government for purposes of imposition
 4174  of school concurrency.
 4175         (15)(a) Multimodal transportation districts may be
 4176  established under a local government comprehensive plan in areas
 4177  delineated on the future land use map for which the local
 4178  comprehensive plan assigns secondary priority to vehicle
 4179  mobility and primary priority to assuring a safe, comfortable,
 4180  and attractive pedestrian environment, with convenient
 4181  interconnection to transit. Such districts must incorporate
 4182  community design features that will reduce the number of
 4183  automobile trips or vehicle miles of travel and will support an
 4184  integrated, multimodal transportation system. Prior to the
 4185  designation of multimodal transportation districts, the
 4186  Department of Transportation shall be consulted by the local
 4187  government to assess the impact that the proposed multimodal
 4188  district area is expected to have on the adopted level-of
 4189  service standards established for Strategic Intermodal System
 4190  facilities, as defined in s. 339.64, and roadway facilities
 4191  funded in accordance with s. 339.2819. Further, the local
 4192  government shall, in cooperation with the Department of
 4193  Transportation, develop a plan to mitigate any impacts to the
 4194  Strategic Intermodal System, including the development of a
 4195  long-term concurrency management system pursuant to subsection
 4196  (9) and s. 163.3177(3)(d). Multimodal transportation districts
 4197  existing prior to July 1, 2005, shall meet, at a minimum, the
 4198  provisions of this section by July 1, 2006, or at the time of
 4199  the comprehensive plan update pursuant to the evaluation and
 4200  appraisal report, whichever occurs last.
 4201         (b) Community design elements of such a district include: a
 4202  complementary mix and range of land uses, including educational,
 4203  recreational, and cultural uses; interconnected networks of
 4204  streets designed to encourage walking and bicycling, with
 4205  traffic-calming where desirable; appropriate densities and
 4206  intensities of use within walking distance of transit stops;
 4207  daily activities within walking distance of residences, allowing
 4208  independence to persons who do not drive; public uses, streets,
 4209  and squares that are safe, comfortable, and attractive for the
 4210  pedestrian, with adjoining buildings open to the street and with
 4211  parking not interfering with pedestrian, transit, automobile,
 4212  and truck travel modes.
 4213         (c) Local governments may establish multimodal level-of
 4214  service standards that rely primarily on nonvehicular modes of
 4215  transportation within the district, when justified by an
 4216  analysis demonstrating that the existing and planned community
 4217  design will provide an adequate level of mobility within the
 4218  district based upon professionally accepted multimodal level-of
 4219  service methodologies. The analysis must also demonstrate that
 4220  the capital improvements required to promote community design
 4221  are financially feasible over the development or redevelopment
 4222  timeframe for the district and that community design features
 4223  within the district provide convenient interconnection for a
 4224  multimodal transportation system. Local governments may issue
 4225  development permits in reliance upon all planned community
 4226  design capital improvements that are financially feasible over
 4227  the development or redevelopment timeframe for the district,
 4228  without regard to the period of time between development or
 4229  redevelopment and the scheduled construction of the capital
 4230  improvements. A determination of financial feasibility shall be
 4231  based upon currently available funding or funding sources that
 4232  could reasonably be expected to become available over the
 4233  planning period.
 4234         (d) Local governments may reduce impact fees or local
 4235  access fees for development within multimodal transportation
 4236  districts based on the reduction of vehicle trips per household
 4237  or vehicle miles of travel expected from the development pattern
 4238  planned for the district.
 4239         (16) It is the intent of the Legislature to provide a
 4240  method by which the impacts of development on transportation
 4241  facilities can be mitigated by the cooperative efforts of the
 4242  public and private sectors. The methodology used to calculate
 4243  proportionate fair-share mitigation under this section shall be
 4244  as provided for in subsection (12).
 4245         (a) By December 1, 2006, each local government shall adopt
 4246  by ordinance a methodology for assessing proportionate fair
 4247  share mitigation options. By December 1, 2005, the Department of
 4248  Transportation shall develop a model transportation concurrency
 4249  management ordinance with methodologies for assessing
 4250  proportionate fair-share mitigation options.
 4251         (b)1. In its transportation concurrency management system,
 4252  a local government shall, by December 1, 2006, include
 4253  methodologies that will be applied to calculate proportionate
 4254  fair-share mitigation. A developer may choose to satisfy all
 4255  transportation concurrency requirements by contributing or
 4256  paying proportionate fair-share mitigation if transportation
 4257  facilities or facility segments identified as mitigation for
 4258  traffic impacts are specifically identified for funding in the
 4259  5-year schedule of capital improvements in the capital
 4260  improvements element of the local plan or the long-term
 4261  concurrency management system or if such contributions or
 4262  payments to such facilities or segments are reflected in the 5
 4263  year schedule of capital improvements in the next regularly
 4264  scheduled update of the capital improvements element. Updates to
 4265  the 5-year capital improvements element which reflect
 4266  proportionate fair-share contributions may not be found not in
 4267  compliance based on ss. 163.3164(32) and 163.3177(3) if
 4268  additional contributions, payments or funding sources are
 4269  reasonably anticipated during a period not to exceed 10 years to
 4270  fully mitigate impacts on the transportation facilities.
 4271         2. Proportionate fair-share mitigation shall be applied as
 4272  a credit against impact fees to the extent that all or a portion
 4273  of the proportionate fair-share mitigation is used to address
 4274  the same capital infrastructure improvements contemplated by the
 4275  local government’s impact fee ordinance.
 4276         (c) Proportionate fair-share mitigation includes, without
 4277  limitation, separately or collectively, private funds,
 4278  contributions of land, and construction and contribution of
 4279  facilities and may include public funds as determined by the
 4280  local government. Proportionate fair-share mitigation may be
 4281  directed toward one or more specific transportation improvements
 4282  reasonably related to the mobility demands created by the
 4283  development and such improvements may address one or more modes
 4284  of travel. The fair market value of the proportionate fair-share
 4285  mitigation shall not differ based on the form of mitigation. A
 4286  local government may not require a development to pay more than
 4287  its proportionate fair-share contribution regardless of the
 4288  method of mitigation. Proportionate fair-share mitigation shall
 4289  be limited to ensure that a development meeting the requirements
 4290  of this section mitigates its impact on the transportation
 4291  system but is not responsible for the additional cost of
 4292  reducing or eliminating backlogs.
 4293         (d) This subsection does not require a local government to
 4294  approve a development that is not otherwise qualified for
 4295  approval pursuant to the applicable local comprehensive plan and
 4296  land development regulations.
 4297         (e) Mitigation for development impacts to facilities on the
 4298  Strategic Intermodal System made pursuant to this subsection
 4299  requires the concurrence of the Department of Transportation.
 4300         (f) If the funds in an adopted 5-year capital improvements
 4301  element are insufficient to fully fund construction of a
 4302  transportation improvement required by the local government’s
 4303  concurrency management system, a local government and a
 4304  developer may still enter into a binding proportionate-share
 4305  agreement authorizing the developer to construct that amount of
 4306  development on which the proportionate share is calculated if
 4307  the proportionate-share amount in such agreement is sufficient
 4308  to pay for one or more improvements which will, in the opinion
 4309  of the governmental entity or entities maintaining the
 4310  transportation facilities, significantly benefit the impacted
 4311  transportation system. The improvements funded by the
 4312  proportionate-share component must be adopted into the 5-year
 4313  capital improvements schedule of the comprehensive plan at the
 4314  next annual capital improvements element update. The funding of
 4315  any improvements that significantly benefit the impacted
 4316  transportation system satisfies concurrency requirements as a
 4317  mitigation of the development’s impact upon the overall
 4318  transportation system even if there remains a failure of
 4319  concurrency on other impacted facilities.
 4320         (g) Except as provided in subparagraph (b)1., this section
 4321  may not prohibit the Department of Community Affairs from
 4322  finding other portions of the capital improvements element
 4323  amendments not in compliance as provided in this chapter.
 4324         (h) The provisions of this subsection do not apply to a
 4325  development of regional impact satisfying the requirements of
 4326  subsection (12).
 4327         (i) As used in this subsection, the term “backlog” means a
 4328  facility or facilities on which the adopted level-of-service
 4329  standard is exceeded by the existing trips, plus additional
 4330  projected background trips from any source other than the
 4331  development project under review that are forecast by
 4332  established traffic standards, including traffic modeling,
 4333  consistent with the University of Florida Bureau of Economic and
 4334  Business Research medium population projections. Additional
 4335  projected background trips are to be coincident with the
 4336  particular stage or phase of development under review.
 4337         (17) A local government and the developer of affordable
 4338  workforce housing units developed in accordance with s.
 4339  380.06(19) or s. 380.0651(3) may identify an employment center
 4340  or centers in close proximity to the affordable workforce
 4341  housing units. If at least 50 percent of the units are occupied
 4342  by an employee or employees of an identified employment center
 4343  or centers, all of the affordable workforce housing units are
 4344  exempt from transportation concurrency requirements, and the
 4345  local government may not reduce any transportation trip
 4346  generation entitlements of an approved development-of-regional
 4347  impact development order. As used in this subsection, the term
 4348  “close proximity” means 5 miles from the nearest point of the
 4349  development of regional impact to the nearest point of the
 4350  employment center, and the term “employment center” means a
 4351  place of employment that employs at least 25 or more full-time
 4352  employees.
 4353         Section 16. Section 163.3182, Florida Statutes, is amended
 4354  to read:
 4355         163.3182 Transportation deficiencies concurrency backlogs.—
 4356         (1) DEFINITIONS.—For purposes of this section, the term:
 4357         (a) “Transportation deficiency concurrency backlog area”
 4358  means the geographic area within the unincorporated portion of a
 4359  county or within the municipal boundary of a municipality
 4360  designated in a local government comprehensive plan for which a
 4361  transportation development concurrency backlog authority is
 4362  created pursuant to this section. A transportation deficiency
 4363  concurrency backlog area created within the corporate boundary
 4364  of a municipality shall be made pursuant to an interlocal
 4365  agreement between a county, a municipality or municipalities,
 4366  and any affected taxing authority or authorities.
 4367         (b) “Authority” or “transportation development concurrency
 4368  backlog authority” means the governing body of a county or
 4369  municipality within which an authority is created.
 4370         (c) “Governing body” means the council, commission, or
 4371  other legislative body charged with governing the county or
 4372  municipality within which an a transportation concurrency
 4373  backlog authority is created pursuant to this section.
 4374         (d) “Transportation deficiency concurrency backlog” means
 4375  an identified need deficiency where the existing and projected
 4376  extent of traffic volume exceeds the level of service standard
 4377  adopted in a local government comprehensive plan for a
 4378  transportation facility.
 4379         (e) “Transportation sufficiency concurrency backlog plan”
 4380  means the plan adopted as part of a local government
 4381  comprehensive plan by the governing body of a county or
 4382  municipality acting as a transportation development concurrency
 4383  backlog authority.
 4384         (f) “Transportation concurrency backlog project” means any
 4385  designated transportation project identified for construction
 4386  within the jurisdiction of a transportation development
 4387  concurrency backlog authority.
 4388         (g) “Debt service millage” means any millage levied
 4389  pursuant to s. 12, Art. VII of the State Constitution.
 4390         (h) “Increment revenue” means the amount calculated
 4391  pursuant to subsection (5).
 4392         (i) “Taxing authority” means a public body that levies or
 4393  is authorized to levy an ad valorem tax on real property located
 4394  within a transportation deficiency concurrency backlog area,
 4395  except a school district.
 4396         (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
 4397  BACKLOG AUTHORITIES.—
 4398         (a) A county or municipality may create a transportation
 4399  development concurrency backlog authority if it has an
 4400  identified transportation deficiency concurrency backlog.
 4401         (b) Acting as the transportation development concurrency
 4402  backlog authority within the authority’s jurisdictional
 4403  boundary, the governing body of a county or municipality shall
 4404  adopt and implement a plan to eliminate all identified
 4405  transportation deficiencies concurrency backlogs within the
 4406  authority’s jurisdiction using funds provided pursuant to
 4407  subsection (5) and as otherwise provided pursuant to this
 4408  section.
 4409         (c) The Legislature finds and declares that there exist in
 4410  many counties and municipalities areas that have significant
 4411  transportation deficiencies and inadequate transportation
 4412  facilities; that many insufficiencies and inadequacies severely
 4413  limit or prohibit the satisfaction of transportation level of
 4414  service concurrency standards; that the transportation
 4415  insufficiencies and inadequacies affect the health, safety, and
 4416  welfare of the residents of these counties and municipalities;
 4417  that the transportation insufficiencies and inadequacies
 4418  adversely affect economic development and growth of the tax base
 4419  for the areas in which these insufficiencies and inadequacies
 4420  exist; and that the elimination of transportation deficiencies
 4421  and inadequacies and the satisfaction of transportation
 4422  concurrency standards are paramount public purposes for the
 4423  state and its counties and municipalities.
 4424         (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
 4425  BACKLOG AUTHORITY.—Each transportation development concurrency
 4426  backlog authority created pursuant to this section has the
 4427  powers necessary or convenient to carry out the purposes of this
 4428  section, including the following powers in addition to others
 4429  granted in this section:
 4430         (a) To make and execute contracts and other instruments
 4431  necessary or convenient to the exercise of its powers under this
 4432  section.
 4433         (b) To undertake and carry out transportation concurrency
 4434  backlog projects for transportation facilities designed to
 4435  relieve transportation deficiencies that have a concurrency
 4436  backlog within the authority’s jurisdiction. Transportation
 4437  Concurrency backlog projects may include transportation
 4438  facilities that provide for alternative modes of travel
 4439  including sidewalks, bikeways, and mass transit which are
 4440  related to a deficient backlogged transportation facility.
 4441         (c) To invest any transportation concurrency backlog funds
 4442  held in reserve, sinking funds, or any such funds not required
 4443  for immediate disbursement in property or securities in which
 4444  savings banks may legally invest funds subject to the control of
 4445  the authority and to redeem such bonds as have been issued
 4446  pursuant to this section at the redemption price established
 4447  therein, or to purchase such bonds at less than redemption
 4448  price. All such bonds redeemed or purchased shall be canceled.
 4449         (d) To borrow money, including, but not limited to, issuing
 4450  debt obligations such as, but not limited to, bonds, notes,
 4451  certificates, and similar debt instruments; to apply for and
 4452  accept advances, loans, grants, contributions, and any other
 4453  forms of financial assistance from the Federal Government or the
 4454  state, county, or any other public body or from any sources,
 4455  public or private, for the purposes of this part; to give such
 4456  security as may be required; to enter into and carry out
 4457  contracts or agreements; and to include in any contracts for
 4458  financial assistance with the Federal Government for or with
 4459  respect to a transportation concurrency backlog project and
 4460  related activities such conditions imposed under federal laws as
 4461  the transportation development concurrency backlog authority
 4462  considers reasonable and appropriate and which are not
 4463  inconsistent with the purposes of this section.
 4464         (e) To make or have made all surveys and plans necessary to
 4465  the carrying out of the purposes of this section; to contract
 4466  with any persons, public or private, in making and carrying out
 4467  such plans; and to adopt, approve, modify, or amend such
 4468  transportation sufficiency concurrency backlog plans.
 4469         (f) To appropriate such funds and make such expenditures as
 4470  are necessary to carry out the purposes of this section, and to
 4471  enter into agreements with other public bodies, which agreements
 4472  may extend over any period notwithstanding any provision or rule
 4473  of law to the contrary.
 4474         (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.—
 4475         (a) Each transportation development concurrency backlog
 4476  authority shall adopt a transportation sufficiency concurrency
 4477  backlog plan as a part of the local government comprehensive
 4478  plan within 6 months after the creation of the authority. The
 4479  plan must:
 4480         (a)1. Identify all transportation facilities that have been
 4481  designated as deficient and require the expenditure of moneys to
 4482  upgrade, modify, or mitigate the deficiency.
 4483         (b)2. Include a priority listing of all transportation
 4484  facilities that have been designated as deficient and do not
 4485  satisfy concurrency requirements pursuant to s. 163.3180, and
 4486  the applicable local government comprehensive plan.
 4487         (c)3. Establish a schedule for financing and construction
 4488  of transportation concurrency backlog projects that will
 4489  eliminate transportation deficiencies concurrency backlogs
 4490  within the jurisdiction of the authority within 10 years after
 4491  the transportation sufficiency concurrency backlog plan
 4492  adoption. The schedule shall be adopted as part of the local
 4493  government comprehensive plan.
 4494         (b) The adoption of the transportation concurrency backlog
 4495  plan shall be exempt from the provisions of s. 163.3187(1).
 4496  
 4497  Notwithstanding such schedule requirements, as long as the
 4498  schedule provides for the elimination of all transportation
 4499  deficiencies concurrency backlogs within 10 years after the
 4500  adoption of the transportation sufficiency concurrency backlog
 4501  plan, the final maturity date of any debt incurred to finance or
 4502  refinance the related projects may be no later than 40 years
 4503  after the date the debt is incurred and the authority may
 4504  continue operations and administer the trust fund established as
 4505  provided in subsection (5) for as long as the debt remains
 4506  outstanding.
 4507         (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
 4508  development concurrency backlog authority shall establish a
 4509  local transportation concurrency backlog trust fund upon
 4510  creation of the authority. Each local trust fund shall be
 4511  administered by the transportation development concurrency
 4512  backlog authority within which a transportation deficiencies
 4513  have concurrency backlog has been identified. Each local trust
 4514  fund must continue to be funded under this section for as long
 4515  as the projects set forth in the related transportation
 4516  sufficiency concurrency backlog plan remain to be completed or
 4517  until any debt incurred to finance or refinance the related
 4518  projects is no longer outstanding, whichever occurs later.
 4519  Beginning in the first fiscal year after the creation of the
 4520  authority, each local trust fund shall be funded by the proceeds
 4521  of an ad valorem tax increment collected within each
 4522  transportation deficiency concurrency backlog area to be
 4523  determined annually and shall be a minimum of 25 percent of the
 4524  difference between the amounts set forth in paragraphs (a) and
 4525  (b), except that if all of the affected taxing authorities agree
 4526  under an interlocal agreement, a particular local trust fund may
 4527  be funded by the proceeds of an ad valorem tax increment greater
 4528  than 25 percent of the difference between the amounts set forth
 4529  in paragraphs (a) and (b):
 4530         (a) The amount of ad valorem tax levied each year by each
 4531  taxing authority, exclusive of any amount from any debt service
 4532  millage, on taxable real property contained within the
 4533  jurisdiction of the transportation development concurrency
 4534  backlog authority and within the transportation deficiency
 4535  backlog area; and
 4536         (b) The amount of ad valorem taxes which would have been
 4537  produced by the rate upon which the tax is levied each year by
 4538  or for each taxing authority, exclusive of any debt service
 4539  millage, upon the total of the assessed value of the taxable
 4540  real property within the transportation deficiency concurrency
 4541  backlog area as shown on the most recent assessment roll used in
 4542  connection with the taxation of such property of each taxing
 4543  authority prior to the effective date of the ordinance funding
 4544  the trust fund.
 4545         (6) EXEMPTIONS.—
 4546         (a) The following public bodies or taxing authorities are
 4547  exempt from the provisions of this section:
 4548         1. A special district that levies ad valorem taxes on
 4549  taxable real property in more than one county.
 4550         2. A special district for which the sole available source
 4551  of revenue is the authority to levy ad valorem taxes at the time
 4552  an ordinance is adopted under this section. However, revenues or
 4553  aid that may be dispensed or appropriated to a district as
 4554  defined in s. 388.011 at the discretion of an entity other than
 4555  such district are shall not be deemed available.
 4556         3. A library district.
 4557         4. A neighborhood improvement district created under the
 4558  Safe Neighborhoods Act.
 4559         5. A metropolitan transportation authority.
 4560         6. A water management district created under s. 373.069.
 4561         7. A community redevelopment agency.
 4562         (b) A transportation development concurrency exemption
 4563  authority may also exempt from this section a special district
 4564  that levies ad valorem taxes within the transportation
 4565  deficiency concurrency backlog area pursuant to s.
 4566  163.387(2)(d).
 4567         (7) TRANSPORTATION CONCURRENCY SATISFACTION.—Upon adoption
 4568  of a transportation sufficiency concurrency backlog plan as a
 4569  part of the local government comprehensive plan, and the plan
 4570  going into effect, the area subject to the plan shall be deemed
 4571  to have achieved and maintained transportation level-of-service
 4572  standards, and to have met requirements for financial
 4573  feasibility for transportation facilities, and for the purpose
 4574  of proposed development transportation concurrency has been
 4575  satisfied. Proportionate fair-share mitigation shall be limited
 4576  to ensure that a development inside a transportation deficiency
 4577  concurrency backlog area is not responsible for the additional
 4578  costs of eliminating deficiencies backlogs.
 4579         (8) DISSOLUTION.—Upon completion of all transportation
 4580  concurrency backlog projects identified in the transportation
 4581  sufficiency plan and repayment or defeasance of all debt issued
 4582  to finance or refinance such projects, a transportation
 4583  development concurrency backlog authority shall be dissolved,
 4584  and its assets and liabilities transferred to the county or
 4585  municipality within which the authority is located. All
 4586  remaining assets of the authority must be used for
 4587  implementation of transportation projects within the
 4588  jurisdiction of the authority. The local government
 4589  comprehensive plan shall be amended to remove the transportation
 4590  concurrency backlog plan.
 4591         Section 17. Section 163.3184, Florida Statutes, is amended
 4592  to read:
 4593         163.3184 Process for adoption of comprehensive plan or plan
 4594  amendment.—
 4595         (1) DEFINITIONS.—As used in this section, the term:
 4596         (a) “Affected person” includes the affected local
 4597  government; persons owning property, residing, or owning or
 4598  operating a business within the boundaries of the local
 4599  government whose plan is the subject of the review; owners of
 4600  real property abutting real property that is the subject of a
 4601  proposed change to a future land use map; and adjoining local
 4602  governments that can demonstrate that the plan or plan amendment
 4603  will produce substantial impacts on the increased need for
 4604  publicly funded infrastructure or substantial impacts on areas
 4605  designated for protection or special treatment within their
 4606  jurisdiction. Each person, other than an adjoining local
 4607  government, in order to qualify under this definition, shall
 4608  also have submitted oral or written comments, recommendations,
 4609  or objections to the local government during the period of time
 4610  beginning with the transmittal hearing for the plan or plan
 4611  amendment and ending with the adoption of the plan or plan
 4612  amendment.
 4613         (b) “In compliance” means consistent with the requirements
 4614  of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
 4615  163.3248 with the state comprehensive plan, with the appropriate
 4616  strategic regional policy plan, and with chapter 9J-5, Florida
 4617  Administrative Code, where such rule is not inconsistent with
 4618  this part and with the principles for guiding development in
 4619  designated areas of critical state concern and with part III of
 4620  chapter 369, where applicable.
 4621         (c) “Reviewing agencies” means:
 4622         1. The state land planning agency;
 4623         2. The appropriate regional planning council;
 4624         3. The appropriate water management district;
 4625         4. The Department of Environmental Protection;
 4626         5. The Department of State;
 4627         6. The Department of Transportation;
 4628         7. In the case of plan amendments relating to public
 4629  schools, the Department of Education;
 4630         8. In the case of plans or plan amendments that affect a
 4631  military installation listed in s. 163.3175, the commanding
 4632  officer of the affected military installation; 
 4633         9. In the case of county plans and plan amendments, the
 4634  Fish and Wildlife Conservation Commission and the Department of
 4635  Agriculture and Consumer Services; and
 4636         10. In the case of municipal plans and plan amendments, the
 4637  county in which the municipality is located.
 4638         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
 4639         (a) Plan amendments adopted by local governments shall
 4640  follow the expedited state review process in subsection (3),
 4641  except as set forth in paragraphs (b) and (c).
 4642         (b) Plan amendments that qualify as small-scale development
 4643  amendments may follow the small-scale review process in s.
 4644  163.3187.
 4645         (c) Plan amendments that are in an area of critical state
 4646  concern designated pursuant to s. 380.05; propose a rural land
 4647  stewardship area pursuant to s. 163.3248; propose a sector plan
 4648  pursuant to s. 163.3245; update a comprehensive plan based on an
 4649  evaluation and appraisal pursuant to s. 163.3191; or are new
 4650  plans for newly incorporated municipalities adopted pursuant to
 4651  s. 163.3167 shall follow the state coordinated review process in
 4652  subsection (4).
 4653         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
 4654  COMPREHENSIVE PLAN AMENDMENTS.—
 4655         (a) The process for amending a comprehensive plan described
 4656  in this subsection shall apply to all amendments except as
 4657  provided in paragraphs (2)(b) and (c) and shall be applicable
 4658  statewide.
 4659         (b)1. The local government, after the initial public
 4660  hearing held pursuant to subsection (11), shall transmit within
 4661  10 days the amendment or amendments and appropriate supporting
 4662  data and analyses to the reviewing agencies. The local governing
 4663  body shall also transmit a copy of the amendments and supporting
 4664  data and analyses to any other local government or governmental
 4665  agency that has filed a written request with the governing body.
 4666         2. The reviewing agencies and any other local government or
 4667  governmental agency specified in subparagraph 1. may provide
 4668  comments regarding the amendment or amendments to the local
 4669  government. State agencies shall only comment on important state
 4670  resources and facilities that will be adversely impacted by the
 4671  amendment if adopted. Comments provided by state agencies shall
 4672  state with specificity how the plan amendment will adversely
 4673  impact an important state resource or facility and shall
 4674  identify measures the local government may take to eliminate,
 4675  reduce, or mitigate the adverse impacts. Such comments, if not
 4676  resolved, may result in a challenge by the state land planning
 4677  agency to the plan amendment. Agencies and local governments
 4678  must transmit their comments to the affected local government
 4679  such that they are received by the local government not later
 4680  than 30 days from the date on which the agency or government
 4681  received the amendment or amendments. Reviewing agencies shall
 4682  also send a copy of their comments to the state land planning
 4683  agency.
 4684         3. Comments to the local government from a regional
 4685  planning council, county, or municipality shall be limited as
 4686  follows:
 4687         a. The regional planning council review and comments shall
 4688  be limited to adverse effects on regional resources or
 4689  facilities identified in the strategic regional policy plan and
 4690  extrajurisdictional impacts that would be inconsistent with the
 4691  comprehensive plan of any affected local government within the
 4692  region. A regional planning council may not review and comment
 4693  on a proposed comprehensive plan amendment prepared by such
 4694  council unless the plan amendment has been changed by the local
 4695  government subsequent to the preparation of the plan amendment
 4696  by the regional planning council.
 4697         b. County comments shall be in the context of the
 4698  relationship and effect of the proposed plan amendments on the
 4699  county plan.
 4700         c. Municipal comments shall be in the context of the
 4701  relationship and effect of the proposed plan amendments on the
 4702  municipal plan.
 4703         d. Military installation comments shall be provided in
 4704  accordance with s. 163.3175.
 4705         4. Comments to the local government from state agencies
 4706  shall be limited to the following subjects as they relate to
 4707  important state resources and facilities that will be adversely
 4708  impacted by the amendment if adopted:
 4709         a. The Department of Environmental Protection shall limit
 4710  its comments to the subjects of air and water pollution;
 4711  wetlands and other surface waters of the state; federal and
 4712  state-owned lands and interest in lands, including state parks,
 4713  greenways and trails, and conservation easements; solid waste;
 4714  water and wastewater treatment; and the Everglades ecosystem
 4715  restoration.
 4716         b. The Department of State shall limit its comments to the
 4717  subjects of historic and archeological resources.
 4718         c. The Department of Transportation shall limit its
 4719  comments to issues within the agency’s jurisdiction as it
 4720  relates to transportation resources and facilities of state
 4721  importance.
 4722         d. The Fish and Wildlife Conservation Commission shall
 4723  limit its comments to subjects relating to fish and wildlife
 4724  habitat and listed species and their habitat.
 4725         e. The Department of Agriculture and Consumer Services
 4726  shall limit its comments to the subjects of agriculture,
 4727  forestry, and aquaculture issues.
 4728         f. The Department of Education shall limit its comments to
 4729  the subject of public school facilities.
 4730         g. The appropriate water management district shall limit
 4731  its comments to flood protection and floodplain management,
 4732  wetlands and other surface waters, and regional water supply.
 4733         h. The state land planning agency shall limit its comments
 4734  to important state resources and facilities outside the
 4735  jurisdiction of other commenting state agencies and may include
 4736  comments on countervailing planning policies and objectives
 4737  served by the plan amendment that should be balanced against
 4738  potential adverse impacts to important state resources and
 4739  facilities.
 4740         (c)1. The local government shall hold its second public
 4741  hearing, which shall be a hearing on whether to adopt one or
 4742  more comprehensive plan amendments pursuant to subsection (11).
 4743  If the local government fails, within 180 days after receipt of
 4744  agency comments, to hold the second public hearing, the
 4745  amendments shall be deemed withdrawn unless extended by
 4746  agreement with notice to the state land planning agency and any
 4747  affected person that provided comments on the amendment. The
 4748  180-day limitation does not apply to amendments processed
 4749  pursuant to s. 380.06.
 4750         2. All comprehensive plan amendments adopted by the
 4751  governing body, along with the supporting data and analysis,
 4752  shall be transmitted within 10 days after the second public
 4753  hearing to the state land planning agency and any other agency
 4754  or local government that provided timely comments under
 4755  subparagraph (b)2.
 4756         3. The state land planning agency shall notify the local
 4757  government of any deficiencies within 5 working days after
 4758  receipt of an amendment package. For purposes of completeness,
 4759  an amendment shall be deemed complete if it contains a full,
 4760  executed copy of the adoption ordinance or ordinances; in the
 4761  case of a text amendment, a full copy of the amended language in
 4762  legislative format with new words inserted in the text
 4763  underlined, and words deleted stricken with hyphens; in the case
 4764  of a future land use map amendment, a copy of the future land
 4765  use map clearly depicting the parcel, its existing future land
 4766  use designation, and its adopted designation; and a copy of any
 4767  data and analyses the local government deems appropriate.
 4768         4. An amendment adopted under this paragraph does not
 4769  become effective until 31 days after the state land planning
 4770  agency notifies the local government that the plan amendment
 4771  package is complete. If timely challenged, an amendment does not
 4772  become effective until the state land planning agency or the
 4773  Administration Commission enters a final order determining the
 4774  adopted amendment to be in compliance.
 4775         (4) STATE COORDINATED REVIEW PROCESS.—
 4776         (a)(2) Coordination.—The state land planning agency shall
 4777  only use the state coordinated review process described in this
 4778  subsection for review of comprehensive plans and plan amendments
 4779  described in paragraph (2)(c). Each comprehensive plan or plan
 4780  amendment proposed to be adopted pursuant to this subsection
 4781  part shall be transmitted, adopted, and reviewed in the manner
 4782  prescribed in this subsection section. The state land planning
 4783  agency shall have responsibility for plan review, coordination,
 4784  and the preparation and transmission of comments, pursuant to
 4785  this subsection section, to the local governing body responsible
 4786  for the comprehensive plan or plan amendment. The state land
 4787  planning agency shall maintain a single file concerning any
 4788  proposed or adopted plan amendment submitted by a local
 4789  government for any review under this section. Copies of all
 4790  correspondence, papers, notes, memoranda, and other documents
 4791  received or generated by the state land planning agency must be
 4792  placed in the appropriate file. Paper copies of all electronic
 4793  mail correspondence must be placed in the file. The file and its
 4794  contents must be available for public inspection and copying as
 4795  provided in chapter 119.
 4796         (b)(3) Local government transmittal of proposed plan or
 4797  amendment.—
 4798         (a) Each local governing body proposing a plan or plan
 4799  amendment specified in paragraph (2)(c) shall transmit the
 4800  complete proposed comprehensive plan or plan amendment to the
 4801  reviewing agencies state land planning agency, the appropriate
 4802  regional planning council and water management district, the
 4803  Department of Environmental Protection, the Department of State,
 4804  and the Department of Transportation, and, in the case of
 4805  municipal plans, to the appropriate county, and, in the case of
 4806  county plans, to the Fish and Wildlife Conservation Commission
 4807  and the Department of Agriculture and Consumer Services,
 4808  immediately following the first a public hearing pursuant to
 4809  subsection (11). The transmitted document shall clearly indicate
 4810  on the cover sheet that this plan amendment is subject to the
 4811  state coordinated review process of s. 163.3184(4)(15) as
 4812  specified in the state land planning agency’s procedural rules.
 4813  The local governing body shall also transmit a copy of the
 4814  complete proposed comprehensive plan or plan amendment to any
 4815  other unit of local government or government agency in the state
 4816  that has filed a written request with the governing body for the
 4817  plan or plan amendment. The local government may request a
 4818  review by the state land planning agency pursuant to subsection
 4819  (6) at the time of the transmittal of an amendment.
 4820         (b) A local governing body shall not transmit portions of a
 4821  plan or plan amendment unless it has previously provided to all
 4822  state agencies designated by the state land planning agency a
 4823  complete copy of its adopted comprehensive plan pursuant to
 4824  subsection (7) and as specified in the agency’s procedural
 4825  rules. In the case of comprehensive plan amendments, the local
 4826  governing body shall transmit to the state land planning agency,
 4827  the appropriate regional planning council and water management
 4828  district, the Department of Environmental Protection, the
 4829  Department of State, and the Department of Transportation, and,
 4830  in the case of municipal plans, to the appropriate county and,
 4831  in the case of county plans, to the Fish and Wildlife
 4832  Conservation Commission and the Department of Agriculture and
 4833  Consumer Services the materials specified in the state land
 4834  planning agency’s procedural rules and, in cases in which the
 4835  plan amendment is a result of an evaluation and appraisal report
 4836  adopted pursuant to s. 163.3191, a copy of the evaluation and
 4837  appraisal report. Local governing bodies shall consolidate all
 4838  proposed plan amendments into a single submission for each of
 4839  the two plan amendment adoption dates during the calendar year
 4840  pursuant to s. 163.3187.
 4841         (c) A local government may adopt a proposed plan amendment
 4842  previously transmitted pursuant to this subsection, unless
 4843  review is requested or otherwise initiated pursuant to
 4844  subsection (6).
 4845         (d) In cases in which a local government transmits multiple
 4846  individual amendments that can be clearly and legally separated
 4847  and distinguished for the purpose of determining whether to
 4848  review the proposed amendment, and the state land planning
 4849  agency elects to review several or a portion of the amendments
 4850  and the local government chooses to immediately adopt the
 4851  remaining amendments not reviewed, the amendments immediately
 4852  adopted and any reviewed amendments that the local government
 4853  subsequently adopts together constitute one amendment cycle in
 4854  accordance with s. 163.3187(1).
 4855         (e) At the request of an applicant, a local government
 4856  shall consider an application for zoning changes that would be
 4857  required to properly enact the provisions of any proposed plan
 4858  amendment transmitted pursuant to this subsection. Zoning
 4859  changes approved by the local government are contingent upon the
 4860  comprehensive plan or plan amendment transmitted becoming
 4861  effective.
 4862         (c)(4)Reviewing agency comments INTERGOVERNMENTAL REVIEW.
 4863  The governmental agencies specified in paragraph (b) may
 4864  paragraph (3)(a) shall provide comments regarding the plan or
 4865  plan amendments in accordance with subparagraphs (3)(b)2.-4.
 4866  However, comments on plans or plan amendments required to be
 4867  reviewed under the state coordinated review process shall be
 4868  sent to the state land planning agency within 30 days after
 4869  receipt by the state land planning agency of the complete
 4870  proposed plan or plan amendment from the local government. If
 4871  the state land planning agency comments on a plan or plan
 4872  amendment adopted under the state coordinated review process, it
 4873  shall provide comments according to paragraph (d). Any other
 4874  unit of local government or government agency specified in
 4875  paragraph (b) may provide comments to the state land planning
 4876  agency in accordance with subparagraphs (3)(b)2.-4. within 30
 4877  days after receipt by the state land planning agency of the
 4878  complete proposed plan or plan amendment. If the plan or plan
 4879  amendment includes or relates to the public school facilities
 4880  element pursuant to s. 163.3177(12), the state land planning
 4881  agency shall submit a copy to the Office of Educational
 4882  Facilities of the Commissioner of Education for review and
 4883  comment. The appropriate regional planning council shall also
 4884  provide its written comments to the state land planning agency
 4885  within 30 days after receipt by the state land planning agency
 4886  of the complete proposed plan amendment and shall specify any
 4887  objections, recommendations for modifications, and comments of
 4888  any other regional agencies to which the regional planning
 4889  council may have referred the proposed plan amendment. Written
 4890  comments submitted by the public shall be sent directly to the
 4891  local government within 30 days after notice of transmittal by
 4892  the local government of the proposed plan amendment will be
 4893  considered as if submitted by governmental agencies. All written
 4894  agency and public comments must be made part of the file
 4895  maintained under subsection (2).
 4896         (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.—The review of
 4897  the regional planning council pursuant to subsection (4) shall
 4898  be limited to effects on regional resources or facilities
 4899  identified in the strategic regional policy plan and
 4900  extrajurisdictional impacts which would be inconsistent with the
 4901  comprehensive plan of the affected local government. However,
 4902  any inconsistency between a local plan or plan amendment and a
 4903  strategic regional policy plan must not be the sole basis for a
 4904  notice of intent to find a local plan or plan amendment not in
 4905  compliance with this act. A regional planning council shall not
 4906  review and comment on a proposed comprehensive plan it prepared
 4907  itself unless the plan has been changed by the local government
 4908  subsequent to the preparation of the plan by the regional
 4909  planning agency. The review of the county land planning agency
 4910  pursuant to subsection (4) shall be primarily in the context of
 4911  the relationship and effect of the proposed plan amendment on
 4912  any county comprehensive plan element. Any review by
 4913  municipalities will be primarily in the context of the
 4914  relationship and effect on the municipal plan.
 4915         (d)(6) State land planning agency review.—
 4916         (a) The state land planning agency shall review a proposed
 4917  plan amendment upon request of a regional planning council,
 4918  affected person, or local government transmitting the plan
 4919  amendment. The request from the regional planning council or
 4920  affected person must be received within 30 days after
 4921  transmittal of the proposed plan amendment pursuant to
 4922  subsection (3). A regional planning council or affected person
 4923  requesting a review shall do so by submitting a written request
 4924  to the agency with a notice of the request to the local
 4925  government and any other person who has requested notice.
 4926         (b) The state land planning agency may review any proposed
 4927  plan amendment regardless of whether a request for review has
 4928  been made, if the agency gives notice to the local government,
 4929  and any other person who has requested notice, of its intention
 4930  to conduct such a review within 35 days after receipt of the
 4931  complete proposed plan amendment.
 4932         1.(c) The state land planning agency shall establish by
 4933  rule a schedule for receipt of comments from the various
 4934  government agencies, as well as written public comments,
 4935  pursuant to subsection (4). If the state land planning agency
 4936  elects to review a plan or plan the amendment or the agency is
 4937  required to review the amendment as specified in paragraph
 4938  (2)(c)(a), the agency shall issue a report giving its
 4939  objections, recommendations, and comments regarding the proposed
 4940  plan or plan amendment within 60 days after receipt of the
 4941  complete proposed plan or plan amendment by the state land
 4942  planning agency. Notwithstanding the limitation on comments in
 4943  sub-subparagraph (3)(b)4.g., the state land planning agency may
 4944  make objections, recommendations, and comments in its report
 4945  regarding whether the plan or plan amendment is in compliance
 4946  and whether the plan or plan amendment will adversely impact
 4947  important state resources and facilities. Any objection
 4948  regarding an important state resource or facility that will be
 4949  adversely impacted by the adopted plan or plan amendment shall
 4950  also state with specificity how the plan or plan amendment will
 4951  adversely impact the important state resource or facility and
 4952  shall identify measures the local government may take to
 4953  eliminate, reduce, or mitigate the adverse impacts. When a
 4954  federal, state, or regional agency has implemented a permitting
 4955  program, the state land planning agency shall not require a
 4956  local government is not required to duplicate or exceed that
 4957  permitting program in its comprehensive plan or to implement
 4958  such a permitting program in its land development regulations.
 4959  This subparagraph does not Nothing contained herein shall
 4960  prohibit the state land planning agency in conducting its review
 4961  of local plans or plan amendments from making objections,
 4962  recommendations, and comments or making compliance
 4963  determinations regarding densities and intensities consistent
 4964  with the provisions of this part. In preparing its comments, the
 4965  state land planning agency shall only base its considerations on
 4966  written, and not oral, comments, from any source.
 4967         2.(d) The state land planning agency review shall identify
 4968  all written communications with the agency regarding the
 4969  proposed plan amendment. If the state land planning agency does
 4970  not issue such a review, it shall identify in writing to the
 4971  local government all written communications received 30 days
 4972  after transmittal. The written identification must include a
 4973  list of all documents received or generated by the agency, which
 4974  list must be of sufficient specificity to enable the documents
 4975  to be identified and copies requested, if desired, and the name
 4976  of the person to be contacted to request copies of any
 4977  identified document. The list of documents must be made a part
 4978  of the public records of the state land planning agency.
 4979         (e)(7) Local government review of comments; adoption of
 4980  plan or amendments and transmittal.—
 4981         1.(a) The local government shall review the report written
 4982  comments submitted to it by the state land planning agency, if
 4983  any, and written comments submitted to it by any other person,
 4984  agency, or government. Any comments, recommendations, or
 4985  objections and any reply to them shall be public documents, a
 4986  part of the permanent record in the matter, and admissible in
 4987  any proceeding in which the comprehensive plan or plan amendment
 4988  may be at issue. The local government, upon receipt of the
 4989  report written comments from the state land planning agency,
 4990  shall hold its second public hearing, which shall be a hearing
 4991  to determine whether to adopt the comprehensive plan or one or
 4992  more comprehensive plan amendments pursuant to subsection (11).
 4993  If the local government fails to hold the second hearing within
 4994  180 days after receipt of the state land planning agency’s
 4995  report, the amendments shall be deemed withdrawn unless extended
 4996  by agreement with notice to the state land planning agency and
 4997  any affected person that provided comments on the amendment. The
 4998  180-day limitation does not apply to amendments processed
 4999  pursuant to s. 380.06.
 5000         2. All comprehensive plan amendments adopted by the
 5001  governing body, along with the supporting data and analysis,
 5002  shall be transmitted within 10 days after the second public
 5003  hearing to the state land planning agency and any other agency
 5004  or local government that provided timely comments under
 5005  paragraph (c).
 5006         3. The state land planning agency shall notify the local
 5007  government of any deficiencies within 5 working days after
 5008  receipt of a plan or plan amendment package. For purposes of
 5009  completeness, a plan or plan amendment shall be deemed complete
 5010  if it contains a full, executed copy of the adoption ordinance
 5011  or ordinances; in the case of a text amendment, a full copy of
 5012  the amended language in legislative format with new words
 5013  inserted in the text underlined, and words deleted stricken with
 5014  hyphens; in the case of a future land use map amendment, a copy
 5015  of the future land use map clearly depicting the parcel, its
 5016  existing future land use designation, and its adopted
 5017  designation; and a copy of any data and analyses the local
 5018  government deems appropriate.
 5019         4. After the state land planning agency makes a
 5020  determination of completeness regarding the adopted plan or plan
 5021  amendment, the state land planning agency shall have 45 days to
 5022  determine if the plan or plan amendment is in compliance with
 5023  this act. Unless the plan or plan amendment is substantially
 5024  changed from the one commented on, the state land planning
 5025  agency’s compliance determination shall be limited to objections
 5026  raised in the objections, recommendations, and comments report.
 5027  During the period provided for in this subparagraph, the state
 5028  land planning agency shall issue, through a senior administrator
 5029  or the secretary, a notice of intent to find that the plan or
 5030  plan amendment is in compliance or not in compliance. The state
 5031  land planning agency shall post a copy of the notice of intent
 5032  on the agency’s Internet site. Publication by the state land
 5033  planning agency of the notice of intent on the state land
 5034  planning agency’s Internet site shall be prima facie evidence of
 5035  compliance with the publication requirements of this
 5036  subparagraph.
 5037         5. A plan or plan amendment adopted under the state
 5038  coordinated review process shall go into effect pursuant to the
 5039  state land planning agency’s notice of intent. If timely
 5040  challenged, an amendment does not become effective until the
 5041  state land planning agency or the Administration Commission
 5042  enters a final order determining the adopted amendment to be in
 5043  compliance.
 5044         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
 5045  AMENDMENTS.—
 5046         (a) Any affected person as defined in paragraph (1)(a) may
 5047  file a petition with the Division of Administrative Hearings
 5048  pursuant to ss. 120.569 and 120.57, with a copy served on the
 5049  affected local government, to request a formal hearing to
 5050  challenge whether the plan or plan amendments are in compliance
 5051  as defined in paragraph (1)(b). This petition must be filed with
 5052  the division within 30 days after the local government adopts
 5053  the amendment. The state land planning agency may not intervene
 5054  in a proceeding initiated by an affected person.
 5055         (b) The state land planning agency may file a petition with
 5056  the Division of Administrative Hearings pursuant to ss. 120.569
 5057  and 120.57, with a copy served on the affected local government,
 5058  to request a formal hearing to challenge whether the plan or
 5059  plan amendment is in compliance as defined in paragraph (1)(b).
 5060  The state land planning agency’s petition must clearly state the
 5061  reasons for the challenge. Under the expedited state review
 5062  process, this petition must be filed with the division within 30
 5063  days after the state land planning agency notifies the local
 5064  government that the plan amendment package is complete according
 5065  to subparagraph (3)(c)3. Under the state coordinated review
 5066  process, this petition must be filed with the division within 45
 5067  days after the state land planning agency notifies the local
 5068  government that the plan amendment package is complete according
 5069  to subparagraph (3)(c)3.
 5070         1. The state land planning agency’s challenge to plan
 5071  amendments adopted under the expedited state review process
 5072  shall be limited to the comments provided by the reviewing
 5073  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
 5074  determination by the state land planning agency that an
 5075  important state resource or facility will be adversely impacted
 5076  by the adopted plan amendment. The state land planning agency’s
 5077  petition shall state with specificity how the plan amendment
 5078  will adversely impact the important state resource or facility.
 5079  The state land planning agency may challenge a plan amendment
 5080  that has substantially changed from the version on which the
 5081  agencies provided comments but only upon a determination by the
 5082  state land planning agency that an important state resource or
 5083  facility will be adversely impacted.
 5084         2. If the state land planning agency issues a notice of
 5085  intent to find the comprehensive plan or plan amendment not in
 5086  compliance with this act, the notice of intent shall be
 5087  forwarded to the Division of Administrative Hearings of the
 5088  Department of Management Services, which shall conduct a
 5089  proceeding under ss. 120.569 and 120.57 in the county of and
 5090  convenient to the affected local jurisdiction. The parties to
 5091  the proceeding shall be the state land planning agency, the
 5092  affected local government, and any affected person who
 5093  intervenes. No new issue may be alleged as a reason to find a
 5094  plan or plan amendment not in compliance in an administrative
 5095  pleading filed more than 21 days after publication of notice
 5096  unless the party seeking that issue establishes good cause for
 5097  not alleging the issue within that time period. Good cause does
 5098  not include excusable neglect.
 5099         (c) An administrative law judge shall hold a hearing in the
 5100  affected local jurisdiction on whether the plan or plan
 5101  amendment is in compliance.
 5102         1. In challenges filed by an affected person, the
 5103  comprehensive plan or plan amendment shall be determined to be
 5104  in compliance if the local government’s determination of
 5105  compliance is fairly debatable.
 5106         2.a. In challenges filed by the state land planning agency,
 5107  the local government’s determination that the comprehensive plan
 5108  or plan amendment is in compliance is presumed to be correct,
 5109  and the local government’s determination shall be sustained
 5110  unless it is shown by a preponderance of the evidence that the
 5111  comprehensive plan or plan amendment is not in compliance.
 5112         b. In challenges filed by the state land planning agency,
 5113  the local government’s determination that elements of its plan
 5114  are related to and consistent with each other shall be sustained
 5115  if the determination is fairly debatable.
 5116         3. In challenges filed by the state land planning agency
 5117  that require a determination by the agency that an important
 5118  state resource or facility will be adversely impacted by the
 5119  adopted plan or plan amendment, the local government may contest
 5120  the agency’s determination of an important state resource or
 5121  facility. The state land planning agency shall prove its
 5122  determination by clear and convincing evidence.
 5123         (d) If the administrative law judge recommends that the
 5124  amendment be found not in compliance, the judge shall submit the
 5125  recommended order to the Administration Commission for final
 5126  agency action. The Administration Commission shall enter a final
 5127  order within 45 days after its receipt of the recommended order.
 5128         (e) If the administrative law judge recommends that the
 5129  amendment be found in compliance, the judge shall submit the
 5130  recommended order to the state land planning agency.
 5131         1. If the state land planning agency determines that the
 5132  plan amendment should be found not in compliance, the agency
 5133  shall refer, within 30 days after receipt of the recommended
 5134  order, the recommended order and its determination to the
 5135  Administration Commission for final agency action.
 5136         2. If the state land planning agency determines that the
 5137  plan amendment should be found in compliance, the agency shall
 5138  enter its final order not later than 30 days after receipt of
 5139  the recommended order.
 5140         (f) Parties to a proceeding under this subsection may enter
 5141  into compliance agreements using the process in subsection (6).
 5142         (6) COMPLIANCE AGREEMENT.—
 5143         (a) At any time after the filing of a challenge, the state
 5144  land planning agency and the local government may voluntarily
 5145  enter into a compliance agreement to resolve one or more of the
 5146  issues raised in the proceedings. Affected persons who have
 5147  initiated a formal proceeding or have intervened in a formal
 5148  proceeding may also enter into a compliance agreement with the
 5149  local government. All parties granted intervenor status shall be
 5150  provided reasonable notice of the commencement of a compliance
 5151  agreement negotiation process and a reasonable opportunity to
 5152  participate in such negotiation process. Negotiation meetings
 5153  with local governments or intervenors shall be open to the
 5154  public. The state land planning agency shall provide each party
 5155  granted intervenor status with a copy of the compliance
 5156  agreement within 10 days after the agreement is executed. The
 5157  compliance agreement shall list each portion of the plan or plan
 5158  amendment that has been challenged, and shall specify remedial
 5159  actions that the local government has agreed to complete within
 5160  a specified time in order to resolve the challenge, including
 5161  adoption of all necessary plan amendments. The compliance
 5162  agreement may also establish monitoring requirements and
 5163  incentives to ensure that the conditions of the compliance
 5164  agreement are met.
 5165         (b) Upon the filing of a compliance agreement executed by
 5166  the parties to a challenge and the local government with the
 5167  Division of Administrative Hearings, any administrative
 5168  proceeding under ss. 120.569 and 120.57 regarding the plan or
 5169  plan amendment covered by the compliance agreement shall be
 5170  stayed.
 5171         (c) Before its execution of a compliance agreement, the
 5172  local government must approve the compliance agreement at a
 5173  public hearing advertised at least 10 days before the public
 5174  hearing in a newspaper of general circulation in the area in
 5175  accordance with the advertisement requirements of chapter 125 or
 5176  chapter 166, as applicable.
 5177         (d) The local government shall hold a single public hearing
 5178  for adopting remedial amendments.
 5179         (e) For challenges to amendments adopted under the
 5180  expedited review process, if the local government adopts a
 5181  comprehensive plan amendment pursuant to a compliance agreement,
 5182  an affected person or the state land planning agency may file a
 5183  revised challenge with the Division of Administrative Hearings
 5184  within 15 days after the adoption of the remedial amendment.
 5185         (f) For challenges to amendments adopted under the state
 5186  coordinated process, the state land planning agency, upon
 5187  receipt of a plan or plan amendment adopted pursuant to a
 5188  compliance agreement, shall issue a cumulative notice of intent
 5189  addressing both the remedial amendment and the plan or plan
 5190  amendment that was the subject of the agreement.
 5191         1. If the local government adopts a comprehensive plan or
 5192  plan amendment pursuant to a compliance agreement and a notice
 5193  of intent to find the plan amendment in compliance is issued,
 5194  the state land planning agency shall forward the notice of
 5195  intent to the Division of Administrative Hearings and the
 5196  administrative law judge shall realign the parties in the
 5197  pending proceeding under ss. 120.569 and 120.57, which shall
 5198  thereafter be governed by the process contained in paragraph
 5199  (5)(a) and subparagraph (5)(c)1., including provisions relating
 5200  to challenges by an affected person, burden of proof, and issues
 5201  of a recommended order and a final order. Parties to the
 5202  original proceeding at the time of realignment may continue as
 5203  parties without being required to file additional pleadings to
 5204  initiate a proceeding, but may timely amend their pleadings to
 5205  raise any challenge to the amendment that is the subject of the
 5206  cumulative notice of intent, and must otherwise conform to the
 5207  rules of procedure of the Division of Administrative Hearings.
 5208  Any affected person not a party to the realigned proceeding may
 5209  challenge the plan amendment that is the subject of the
 5210  cumulative notice of intent by filing a petition with the agency
 5211  as provided in subsection (5). The agency shall forward the
 5212  petition filed by the affected person not a party to the
 5213  realigned proceeding to the Division of Administrative Hearings
 5214  for consolidation with the realigned proceeding. If the
 5215  cumulative notice of intent is not challenged, the state land
 5216  planning agency shall request that the Division of
 5217  Administrative Hearings relinquish jurisdiction to the state
 5218  land planning agency for issuance of a final order.
 5219         2. If the local government adopts a comprehensive plan
 5220  amendment pursuant to a compliance agreement and a notice of
 5221  intent is issued that finds the plan amendment not in
 5222  compliance, the state land planning agency shall forward the
 5223  notice of intent to the Division of Administrative Hearings,
 5224  which shall consolidate the proceeding with the pending
 5225  proceeding and immediately set a date for a hearing in the
 5226  pending proceeding under ss. 120.569 and 120.57. Affected
 5227  persons who are not a party to the underlying proceeding under
 5228  ss. 120.569 and 120.57 may challenge the plan amendment adopted
 5229  pursuant to the compliance agreement by filing a petition
 5230  pursuant to paragraph (5)(a).
 5231         (g) This subsection does not prohibit a local government
 5232  from amending portions of its comprehensive plan other than
 5233  those that are the subject of a challenge. However, such
 5234  amendments to the plan may not be inconsistent with the
 5235  compliance agreement.
 5236         (h) This subsection does not require settlement by any
 5237  party against its will or preclude the use of other informal
 5238  dispute resolution methods in the course of or in addition to
 5239  the method described in this subsection.
 5240         (7) MEDIATION AND EXPEDITIOUS RESOLUTION.-
 5241         (a) At any time after the matter has been forwarded to the
 5242  Division of Administrative Hearings, the local government
 5243  proposing the amendment may demand formal mediation or the local
 5244  government proposing the amendment or an affected person who is
 5245  a party to the proceeding may demand informal mediation or
 5246  expeditious resolution of the amendment proceedings by serving
 5247  written notice on the state land planning agency if a party to
 5248  the proceeding, all other parties to the proceeding, and the
 5249  administrative law judge.
 5250         (b) Upon receipt of a notice pursuant to paragraph (a), the
 5251  administrative law judge shall set the matter for final hearing
 5252  no more than 30 days after receipt of the notice. Once a final
 5253  hearing has been set, no continuance in the hearing, and no
 5254  additional time for post-hearing submittals, may be granted
 5255  without the written agreement of the parties absent a finding by
 5256  the administrative law judge of extraordinary circumstances.
 5257  Extraordinary circumstances do not include matters relating to
 5258  workload or need for additional time for preparation,
 5259  negotiation, or mediation.
 5260         (c) Absent a showing of extraordinary circumstances, the
 5261  administrative law judge shall issue a recommended order, in a
 5262  case proceeding under subsection (5), within 30 days after
 5263  filing of the transcript, unless the parties agree in writing to
 5264  a longer time.
 5265         (d) Absent a showing of extraordinary circumstances, the
 5266  Administration Commission shall issue a final order, in a case
 5267  proceeding under subsection (5), within 45 days after the
 5268  issuance of the recommended order, unless the parties agree in
 5269  writing to a longer time. have 120 days to adopt or adopt with
 5270  changes the proposed comprehensive plan or s. 163.3191 plan
 5271  amendments. In the case of comprehensive plan amendments other
 5272  than those proposed pursuant to s. 163.3191, the local
 5273  government shall have 60 days to adopt the amendment, adopt the
 5274  amendment with changes, or determine that it will not adopt the
 5275  amendment. The adoption of the proposed plan or plan amendment
 5276  or the determination not to adopt a plan amendment, other than a
 5277  plan amendment proposed pursuant to s. 163.3191, shall be made
 5278  in the course of a public hearing pursuant to subsection (15).
 5279  The local government shall transmit the complete adopted
 5280  comprehensive plan or plan amendment, including the names and
 5281  addresses of persons compiled pursuant to paragraph (15)(c), to
 5282  the state land planning agency as specified in the agency’s
 5283  procedural rules within 10 working days after adoption. The
 5284  local governing body shall also transmit a copy of the adopted
 5285  comprehensive plan or plan amendment to the regional planning
 5286  agency and to any other unit of local government or governmental
 5287  agency in the state that has filed a written request with the
 5288  governing body for a copy of the plan or plan amendment.
 5289         (b) If the adopted plan amendment is unchanged from the
 5290  proposed plan amendment transmitted pursuant to subsection (3)
 5291  and an affected person as defined in paragraph (1)(a) did not
 5292  raise any objection, the state land planning agency did not
 5293  review the proposed plan amendment, and the state land planning
 5294  agency did not raise any objections during its review pursuant
 5295  to subsection (6), the local government may state in the
 5296  transmittal letter that the plan amendment is unchanged and was
 5297  not the subject of objections.
 5298         (8) NOTICE OF INTENT.—
 5299         (a) If the transmittal letter correctly states that the
 5300  plan amendment is unchanged and was not the subject of review or
 5301  objections pursuant to paragraph (7)(b), the state land planning
 5302  agency has 20 days after receipt of the transmittal letter
 5303  within which to issue a notice of intent that the plan amendment
 5304  is in compliance.
 5305         (b) Except as provided in paragraph (a) or in s.
 5306  163.3187(3), the state land planning agency, upon receipt of a
 5307  local government’s complete adopted comprehensive plan or plan
 5308  amendment, shall have 45 days for review and to determine if the
 5309  plan or plan amendment is in compliance with this act, unless
 5310  the amendment is the result of a compliance agreement entered
 5311  into under subsection (16), in which case the time period for
 5312  review and determination shall be 30 days. If review was not
 5313  conducted under subsection (6), the agency’s determination must
 5314  be based upon the plan amendment as adopted. If review was
 5315  conducted under subsection (6), the agency’s determination of
 5316  compliance must be based only upon one or both of the following:
 5317         1. The state land planning agency’s written comments to the
 5318  local government pursuant to subsection (6); or
 5319         2. Any changes made by the local government to the
 5320  comprehensive plan or plan amendment as adopted.
 5321         (c)1. During the time period provided for in this
 5322  subsection, the state land planning agency shall issue, through
 5323  a senior administrator or the secretary, as specified in the
 5324  agency’s procedural rules, a notice of intent to find that the
 5325  plan or plan amendment is in compliance or not in compliance. A
 5326  notice of intent shall be issued by publication in the manner
 5327  provided by this paragraph and by mailing a copy to the local
 5328  government. The advertisement shall be placed in that portion of
 5329  the newspaper where legal notices appear. The advertisement
 5330  shall be published in a newspaper that meets the size and
 5331  circulation requirements set forth in paragraph (15)(e) and that
 5332  has been designated in writing by the affected local government
 5333  at the time of transmittal of the amendment. Publication by the
 5334  state land planning agency of a notice of intent in the
 5335  newspaper designated by the local government shall be prima
 5336  facie evidence of compliance with the publication requirements
 5337  of this section. The state land planning agency shall post a
 5338  copy of the notice of intent on the agency’s Internet site. The
 5339  agency shall, no later than the date the notice of intent is
 5340  transmitted to the newspaper, send by regular mail a courtesy
 5341  informational statement to persons who provide their names and
 5342  addresses to the local government at the transmittal hearing or
 5343  at the adoption hearing where the local government has provided
 5344  the names and addresses of such persons to the department at the
 5345  time of transmittal of the adopted amendment. The informational
 5346  statements shall include the name of the newspaper in which the
 5347  notice of intent will appear, the approximate date of
 5348  publication, the ordinance number of the plan or plan amendment,
 5349  and a statement that affected persons have 21 days after the
 5350  actual date of publication of the notice to file a petition.
 5351         2. A local government that has an Internet site shall post
 5352  a copy of the state land planning agency’s notice of intent on
 5353  the site within 5 days after receipt of the mailed copy of the
 5354  agency’s notice of intent.
 5355         (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
 5356         (a) If the state land planning agency issues a notice of
 5357  intent to find that the comprehensive plan or plan amendment
 5358  transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
 5359  or s. 163.3191 is in compliance with this act, any affected
 5360  person may file a petition with the agency pursuant to ss.
 5361  120.569 and 120.57 within 21 days after the publication of
 5362  notice. In this proceeding, the local plan or plan amendment
 5363  shall be determined to be in compliance if the local
 5364  government’s determination of compliance is fairly debatable.
 5365         (b) The hearing shall be conducted by an administrative law
 5366  judge of the Division of Administrative Hearings of the
 5367  Department of Management Services, who shall hold the hearing in
 5368  the county of and convenient to the affected local jurisdiction
 5369  and submit a recommended order to the state land planning
 5370  agency. The state land planning agency shall allow for the
 5371  filing of exceptions to the recommended order and shall issue a
 5372  final order after receipt of the recommended order if the state
 5373  land planning agency determines that the plan or plan amendment
 5374  is in compliance. If the state land planning agency determines
 5375  that the plan or plan amendment is not in compliance, the agency
 5376  shall submit the recommended order to the Administration
 5377  Commission for final agency action.
 5378         (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
 5379  COMPLIANCE.—
 5380         (a) If the state land planning agency issues a notice of
 5381  intent to find the comprehensive plan or plan amendment not in
 5382  compliance with this act, the notice of intent shall be
 5383  forwarded to the Division of Administrative Hearings of the
 5384  Department of Management Services, which shall conduct a
 5385  proceeding under ss. 120.569 and 120.57 in the county of and
 5386  convenient to the affected local jurisdiction. The parties to
 5387  the proceeding shall be the state land planning agency, the
 5388  affected local government, and any affected person who
 5389  intervenes. No new issue may be alleged as a reason to find a
 5390  plan or plan amendment not in compliance in an administrative
 5391  pleading filed more than 21 days after publication of notice
 5392  unless the party seeking that issue establishes good cause for
 5393  not alleging the issue within that time period. Good cause shall
 5394  not include excusable neglect. In the proceeding, the local
 5395  government’s determination that the comprehensive plan or plan
 5396  amendment is in compliance is presumed to be correct. The local
 5397  government’s determination shall be sustained unless it is shown
 5398  by a preponderance of the evidence that the comprehensive plan
 5399  or plan amendment is not in compliance. The local government’s
 5400  determination that elements of its plans are related to and
 5401  consistent with each other shall be sustained if the
 5402  determination is fairly debatable.
 5403         (b) The administrative law judge assigned by the division
 5404  shall submit a recommended order to the Administration
 5405  Commission for final agency action.
 5406         (c) Prior to the hearing, the state land planning agency
 5407  shall afford an opportunity to mediate or otherwise resolve the
 5408  dispute. If a party to the proceeding requests mediation or
 5409  other alternative dispute resolution, the hearing may not be
 5410  held until the state land planning agency advises the
 5411  administrative law judge in writing of the results of the
 5412  mediation or other alternative dispute resolution. However, the
 5413  hearing may not be delayed for longer than 90 days for mediation
 5414  or other alternative dispute resolution unless a longer delay is
 5415  agreed to by the parties to the proceeding. The costs of the
 5416  mediation or other alternative dispute resolution shall be borne
 5417  equally by all of the parties to the proceeding.
 5418         (8)(11) ADMINISTRATION COMMISSION.—
 5419         (a) If the Administration Commission, upon a hearing
 5420  pursuant to subsection (5)(9) or subsection (10), finds that the
 5421  comprehensive plan or plan amendment is not in compliance with
 5422  this act, the commission shall specify remedial actions that
 5423  which would bring the comprehensive plan or plan amendment into
 5424  compliance.
 5425         (b) The commission may specify the sanctions provided in
 5426  subparagraphs 1. and 2. to which the local government will be
 5427  subject if it elects to make the amendment effective
 5428  notwithstanding the determination of noncompliance.
 5429         1. The commission may direct state agencies not to provide
 5430  funds to increase the capacity of roads, bridges, or water and
 5431  sewer systems within the boundaries of those local governmental
 5432  entities which have comprehensive plans or plan elements that
 5433  are determined not to be in compliance. The commission order may
 5434  also specify that the local government is shall not be eligible
 5435  for grants administered under the following programs:
 5436         a.1. The Florida Small Cities Community Development Block
 5437  Grant Program, as authorized by ss. 290.0401-290.049.
 5438         b.2. The Florida Recreation Development Assistance Program,
 5439  as authorized by chapter 375.
 5440         c.3. Revenue sharing pursuant to ss. 206.60, 210.20, and
 5441  218.61 and chapter 212, to the extent not pledged to pay back
 5442  bonds.
 5443         2.(b) If the local government is one which is required to
 5444  include a coastal management element in its comprehensive plan
 5445  pursuant to s. 163.3177(6)(g), the commission order may also
 5446  specify that the local government is not eligible for funding
 5447  pursuant to s. 161.091. The commission order may also specify
 5448  that the fact that the coastal management element has been
 5449  determined to be not in compliance shall be a consideration when
 5450  the department considers permits under s. 161.053 and when the
 5451  Board of Trustees of the Internal Improvement Trust Fund
 5452  considers whether to sell, convey any interest in, or lease any
 5453  sovereignty lands or submerged lands until the element is
 5454  brought into compliance.
 5455         3.(c) The sanctions provided by subparagraphs 1. and 2. do
 5456  paragraphs (a) and (b) shall not apply to a local government
 5457  regarding any plan amendment, except for plan amendments that
 5458  amend plans that have not been finally determined to be in
 5459  compliance with this part, and except as provided in paragraph
 5460  (b) s. 163.3189(2) or s. 163.3191(11).
 5461         (9)(12) GOOD FAITH FILING.—The signature of an attorney or
 5462  party constitutes a certificate that he or she has read the
 5463  pleading, motion, or other paper and that, to the best of his or
 5464  her knowledge, information, and belief formed after reasonable
 5465  inquiry, it is not interposed for any improper purpose, such as
 5466  to harass or to cause unnecessary delay, or for economic
 5467  advantage, competitive reasons, or frivolous purposes or
 5468  needless increase in the cost of litigation. If a pleading,
 5469  motion, or other paper is signed in violation of these
 5470  requirements, the administrative law judge, upon motion or his
 5471  or her own initiative, shall impose upon the person who signed
 5472  it, a represented party, or both, an appropriate sanction, which
 5473  may include an order to pay to the other party or parties the
 5474  amount of reasonable expenses incurred because of the filing of
 5475  the pleading, motion, or other paper, including a reasonable
 5476  attorney’s fee.
 5477         (10)(13) EXCLUSIVE PROCEEDINGS.—The proceedings under this
 5478  section shall be the sole proceeding or action for a
 5479  determination of whether a local government’s plan, element, or
 5480  amendment is in compliance with this act.
 5481         (14) AREAS OF CRITICAL STATE CONCERN.—No proposed local
 5482  government comprehensive plan or plan amendment which is
 5483  applicable to a designated area of critical state concern shall
 5484  be effective until a final order is issued finding the plan or
 5485  amendment to be in compliance as defined in this section.
 5486         (11)(15) PUBLIC HEARINGS.—
 5487         (a) The procedure for transmittal of a complete proposed
 5488  comprehensive plan or plan amendment pursuant to subparagraph
 5489  subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
 5490  comprehensive plan or plan amendment pursuant to
 5491  subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
 5492  affirmative vote of not less than a majority of the members of
 5493  the governing body present at the hearing. The adoption of a
 5494  comprehensive plan or plan amendment shall be by ordinance. For
 5495  the purposes of transmitting or adopting a comprehensive plan or
 5496  plan amendment, the notice requirements in chapters 125 and 166
 5497  are superseded by this subsection, except as provided in this
 5498  part.
 5499         (b) The local governing body shall hold at least two
 5500  advertised public hearings on the proposed comprehensive plan or
 5501  plan amendment as follows:
 5502         1. The first public hearing shall be held at the
 5503  transmittal stage pursuant to subsection (3). It shall be held
 5504  on a weekday at least 7 days after the day that the first
 5505  advertisement is published pursuant to the requirements of
 5506  chapter 125 or chapter 166.
 5507         2. The second public hearing shall be held at the adoption
 5508  stage pursuant to subsection (7). It shall be held on a weekday
 5509  at least 5 days after the day that the second advertisement is
 5510  published pursuant to the requirements of chapter 125 or chapter
 5511  166.
 5512         (c) Nothing in this part is intended to prohibit or limit
 5513  the authority of local governments to require a person
 5514  requesting an amendment to pay some or all of the cost of the
 5515  public notice.
 5516         (12)CONCURRENT ZONING.—At the request of an applicant, a
 5517  local government shall consider an application for zoning
 5518  changes that would be required to properly enact any proposed
 5519  plan amendment transmitted pursuant to this subsection. Zoning
 5520  changes approved by the local government are contingent upon the
 5521  comprehensive plan or plan amendment transmitted becoming
 5522  effective.
 5523         (13) AREAS OF CRITICAL STATE CONCERN.—No proposed local
 5524  government comprehensive plan or plan amendment that is
 5525  applicable to a designated area of critical state concern shall
 5526  be effective until a final order is issued finding the plan or
 5527  amendment to be in compliance as defined in paragraph (1)(b).
 5528         (c) The local government shall provide a sign-in form at
 5529  the transmittal hearing and at the adoption hearing for persons
 5530  to provide their names and mailing addresses. The sign-in form
 5531  must advise that any person providing the requested information
 5532  will receive a courtesy informational statement concerning
 5533  publications of the state land planning agency’s notice of
 5534  intent. The local government shall add to the sign-in form the
 5535  name and address of any person who submits written comments
 5536  concerning the proposed plan or plan amendment during the time
 5537  period between the commencement of the transmittal hearing and
 5538  the end of the adoption hearing. It is the responsibility of the
 5539  person completing the form or providing written comments to
 5540  accurately, completely, and legibly provide all information
 5541  needed in order to receive the courtesy informational statement.
 5542         (d) The agency shall provide a model sign-in form for
 5543  providing the list to the agency which may be used by the local
 5544  government to satisfy the requirements of this subsection.
 5545         (e) If the proposed comprehensive plan or plan amendment
 5546  changes the actual list of permitted, conditional, or prohibited
 5547  uses within a future land use category or changes the actual
 5548  future land use map designation of a parcel or parcels of land,
 5549  the required advertisements shall be in the format prescribed by
 5550  s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
 5551  municipality.
 5552         (16) COMPLIANCE AGREEMENTS.—
 5553         (a) At any time following the issuance of a notice of
 5554  intent to find a comprehensive plan or plan amendment not in
 5555  compliance with this part or after the initiation of a hearing
 5556  pursuant to subsection (9), the state land planning agency and
 5557  the local government may voluntarily enter into a compliance
 5558  agreement to resolve one or more of the issues raised in the
 5559  proceedings. Affected persons who have initiated a formal
 5560  proceeding or have intervened in a formal proceeding may also
 5561  enter into the compliance agreement. All parties granted
 5562  intervenor status shall be provided reasonable notice of the
 5563  commencement of a compliance agreement negotiation process and a
 5564  reasonable opportunity to participate in such negotiation
 5565  process. Negotiation meetings with local governments or
 5566  intervenors shall be open to the public. The state land planning
 5567  agency shall provide each party granted intervenor status with a
 5568  copy of the compliance agreement within 10 days after the
 5569  agreement is executed. The compliance agreement shall list each
 5570  portion of the plan or plan amendment which is not in
 5571  compliance, and shall specify remedial actions which the local
 5572  government must complete within a specified time in order to
 5573  bring the plan or plan amendment into compliance, including
 5574  adoption of all necessary plan amendments. The compliance
 5575  agreement may also establish monitoring requirements and
 5576  incentives to ensure that the conditions of the compliance
 5577  agreement are met.
 5578         (b) Upon filing by the state land planning agency of a
 5579  compliance agreement executed by the agency and the local
 5580  government with the Division of Administrative Hearings, any
 5581  administrative proceeding under ss. 120.569 and 120.57 regarding
 5582  the plan or plan amendment covered by the compliance agreement
 5583  shall be stayed.
 5584         (c) Prior to its execution of a compliance agreement, the
 5585  local government must approve the compliance agreement at a
 5586  public hearing advertised at least 10 days before the public
 5587  hearing in a newspaper of general circulation in the area in
 5588  accordance with the advertisement requirements of subsection
 5589  (15).
 5590         (d) A local government may adopt a plan amendment pursuant
 5591  to a compliance agreement in accordance with the requirements of
 5592  paragraph (15)(a). The plan amendment shall be exempt from the
 5593  requirements of subsections (2)-(7). The local government shall
 5594  hold a single adoption public hearing pursuant to the
 5595  requirements of subparagraph (15)(b)2. and paragraph (15)(e).
 5596  Within 10 working days after adoption of a plan amendment, the
 5597  local government shall transmit the amendment to the state land
 5598  planning agency as specified in the agency’s procedural rules,
 5599  and shall submit one copy to the regional planning agency and to
 5600  any other unit of local government or government agency in the
 5601  state that has filed a written request with the governing body
 5602  for a copy of the plan amendment, and one copy to any party to
 5603  the proceeding under ss. 120.569 and 120.57 granted intervenor
 5604  status.
 5605         (e) The state land planning agency, upon receipt of a plan
 5606  amendment adopted pursuant to a compliance agreement, shall
 5607  issue a cumulative notice of intent addressing both the
 5608  compliance agreement amendment and the plan or plan amendment
 5609  that was the subject of the agreement, in accordance with
 5610  subsection (8).
 5611         (f)1. If the local government adopts a comprehensive plan
 5612  amendment pursuant to a compliance agreement and a notice of
 5613  intent to find the plan amendment in compliance is issued, the
 5614  state land planning agency shall forward the notice of intent to
 5615  the Division of Administrative Hearings and the administrative
 5616  law judge shall realign the parties in the pending proceeding
 5617  under ss. 120.569 and 120.57, which shall thereafter be governed
 5618  by the process contained in paragraphs (9)(a) and (b), including
 5619  provisions relating to challenges by an affected person, burden
 5620  of proof, and issues of a recommended order and a final order,
 5621  except as provided in subparagraph 2. Parties to the original
 5622  proceeding at the time of realignment may continue as parties
 5623  without being required to file additional pleadings to initiate
 5624  a proceeding, but may timely amend their pleadings to raise any
 5625  challenge to the amendment which is the subject of the
 5626  cumulative notice of intent, and must otherwise conform to the
 5627  rules of procedure of the Division of Administrative Hearings.
 5628  Any affected person not a party to the realigned proceeding may
 5629  challenge the plan amendment which is the subject of the
 5630  cumulative notice of intent by filing a petition with the agency
 5631  as provided in subsection (9). The agency shall forward the
 5632  petition filed by the affected person not a party to the
 5633  realigned proceeding to the Division of Administrative Hearings
 5634  for consolidation with the realigned proceeding.
 5635         2. If any of the issues raised by the state land planning
 5636  agency in the original subsection (10) proceeding are not
 5637  resolved by the compliance agreement amendments, any intervenor
 5638  in the original subsection (10) proceeding may require those
 5639  issues to be addressed in the pending consolidated realigned
 5640  proceeding under ss. 120.569 and 120.57. As to those unresolved
 5641  issues, the burden of proof shall be governed by subsection
 5642  (10).
 5643         3. If the local government adopts a comprehensive plan
 5644  amendment pursuant to a compliance agreement and a notice of
 5645  intent to find the plan amendment not in compliance is issued,
 5646  the state land planning agency shall forward the notice of
 5647  intent to the Division of Administrative Hearings, which shall
 5648  consolidate the proceeding with the pending proceeding and
 5649  immediately set a date for hearing in the pending proceeding
 5650  under ss. 120.569 and 120.57. Affected persons who are not a
 5651  party to the underlying proceeding under ss. 120.569 and 120.57
 5652  may challenge the plan amendment adopted pursuant to the
 5653  compliance agreement by filing a petition pursuant to subsection
 5654  (10).
 5655         (g) If the local government fails to adopt a comprehensive
 5656  plan amendment pursuant to a compliance agreement, the state
 5657  land planning agency shall notify the Division of Administrative
 5658  Hearings, which shall set the hearing in the pending proceeding
 5659  under ss. 120.569 and 120.57 at the earliest convenient time.
 5660         (h) This subsection does not prohibit a local government
 5661  from amending portions of its comprehensive plan other than
 5662  those which are the subject of the compliance agreement.
 5663  However, such amendments to the plan may not be inconsistent
 5664  with the compliance agreement.
 5665         (i) Nothing in this subsection is intended to limit the
 5666  parties from entering into a compliance agreement at any time
 5667  before the final order in the proceeding is issued, provided
 5668  that the provisions of paragraph (c) shall apply regardless of
 5669  when the compliance agreement is reached.
 5670         (j) Nothing in this subsection is intended to force any
 5671  party into settlement against its will or to preclude the use of
 5672  other informal dispute resolution methods, such as the services
 5673  offered by the Florida Growth Management Dispute Resolution
 5674  Consortium, in the course of or in addition to the method
 5675  described in this subsection.
 5676         (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
 5677  local government that has adopted a community vision and urban
 5678  service boundary under s. 163.3177(13) and (14) may adopt a plan
 5679  amendment related to map amendments solely to property within an
 5680  urban service boundary in the manner described in subsections
 5681  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
 5682  and e., 2., and 3., such that state and regional agency review
 5683  is eliminated. The department may not issue an objections,
 5684  recommendations, and comments report on proposed plan amendments
 5685  or a notice of intent on adopted plan amendments; however,
 5686  affected persons, as defined by paragraph (1)(a), may file a
 5687  petition for administrative review pursuant to the requirements
 5688  of s. 163.3187(3)(a) to challenge the compliance of an adopted
 5689  plan amendment. This subsection does not apply to any amendment
 5690  within an area of critical state concern, to any amendment that
 5691  increases residential densities allowable in high-hazard coastal
 5692  areas as defined in s. 163.3178(2)(h), or to a text change to
 5693  the goals, policies, or objectives of the local government’s
 5694  comprehensive plan. Amendments submitted under this subsection
 5695  are exempt from the limitation on the frequency of plan
 5696  amendments in s. 163.3187.
 5697         (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
 5698  municipality that has a designated urban infill and
 5699  redevelopment area under s. 163.2517 may adopt a plan amendment
 5700  related to map amendments solely to property within a designated
 5701  urban infill and redevelopment area in the manner described in
 5702  subsections (1), (2), (7), (14), (15), and (16) and s.
 5703  163.3187(1)(c)1.d. and e., 2., and 3., such that state and
 5704  regional agency review is eliminated. The department may not
 5705  issue an objections, recommendations, and comments report on
 5706  proposed plan amendments or a notice of intent on adopted plan
 5707  amendments; however, affected persons, as defined by paragraph
 5708  (1)(a), may file a petition for administrative review pursuant
 5709  to the requirements of s. 163.3187(3)(a) to challenge the
 5710  compliance of an adopted plan amendment. This subsection does
 5711  not apply to any amendment within an area of critical state
 5712  concern, to any amendment that increases residential densities
 5713  allowable in high-hazard coastal areas as defined in s.
 5714  163.3178(2)(h), or to a text change to the goals, policies, or
 5715  objectives of the local government’s comprehensive plan.
 5716  Amendments submitted under this subsection are exempt from the
 5717  limitation on the frequency of plan amendments in s. 163.3187.
 5718         (19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.—Any local
 5719  government that identifies in its comprehensive plan the types
 5720  of housing developments and conditions for which it will
 5721  consider plan amendments that are consistent with the local
 5722  housing incentive strategies identified in s. 420.9076 and
 5723  authorized by the local government may expedite consideration of
 5724  such plan amendments. At least 30 days prior to adopting a plan
 5725  amendment pursuant to this subsection, the local government
 5726  shall notify the state land planning agency of its intent to
 5727  adopt such an amendment, and the notice shall include the local
 5728  government’s evaluation of site suitability and availability of
 5729  facilities and services. A plan amendment considered under this
 5730  subsection shall require only a single public hearing before the
 5731  local governing body, which shall be a plan amendment adoption
 5732  hearing as described in subsection (7). The public notice of the
 5733  hearing required under subparagraph (15)(b)2. must include a
 5734  statement that the local government intends to use the expedited
 5735  adoption process authorized under this subsection. The state
 5736  land planning agency shall issue its notice of intent required
 5737  under subsection (8) within 30 days after determining that the
 5738  amendment package is complete. Any further proceedings shall be
 5739  governed by subsections (9)-(16).
 5740         Section 18. Section 163.3187, Florida Statutes, is amended
 5741  to read:
 5742         163.3187 Process for adoption of small-scale comprehensive
 5743  plan amendment of adopted comprehensive plan.—
 5744         (1) Amendments to comprehensive plans adopted pursuant to
 5745  this part may be made not more than two times during any
 5746  calendar year, except:
 5747         (a) In the case of an emergency, comprehensive plan
 5748  amendments may be made more often than twice during the calendar
 5749  year if the additional plan amendment receives the approval of
 5750  all of the members of the governing body. “Emergency” means any
 5751  occurrence or threat thereof whether accidental or natural,
 5752  caused by humankind, in war or peace, which results or may
 5753  result in substantial injury or harm to the population or
 5754  substantial damage to or loss of property or public funds.
 5755         (b) Any local government comprehensive plan amendments
 5756  directly related to a proposed development of regional impact,
 5757  including changes which have been determined to be substantial
 5758  deviations and including Florida Quality Developments pursuant
 5759  to s. 380.061, may be initiated by a local planning agency and
 5760  considered by the local governing body at the same time as the
 5761  application for development approval using the procedures
 5762  provided for local plan amendment in this section and applicable
 5763  local ordinances.
 5764         (1)(c) Any local government comprehensive plan amendments
 5765  directly related to proposed small scale development activities
 5766  may be approved without regard to statutory limits on the
 5767  frequency of consideration of amendments to the local
 5768  comprehensive plan. A small scale development amendment may be
 5769  adopted only under the following conditions:
 5770         (a)1. The proposed amendment involves a use of 10 acres or
 5771  fewer and:
 5772         (b)a. The cumulative annual effect of the acreage for all
 5773  small scale development amendments adopted by the local
 5774  government does shall not exceed:
 5775         (I) a maximum of 120 acres in a calendar year. local
 5776  government that contains areas specifically designated in the
 5777  local comprehensive plan for urban infill, urban redevelopment,
 5778  or downtown revitalization as defined in s. 163.3164, urban
 5779  infill and redevelopment areas designated under s. 163.2517,
 5780  transportation concurrency exception areas approved pursuant to
 5781  s. 163.3180(5), or regional activity centers and urban central
 5782  business districts approved pursuant to s. 380.06(2)(e);
 5783  however, amendments under this paragraph may be applied to no
 5784  more than 60 acres annually of property outside the designated
 5785  areas listed in this sub-sub-subparagraph. Amendments adopted
 5786  pursuant to paragraph (k) shall not be counted toward the
 5787  acreage limitations for small scale amendments under this
 5788  paragraph.
 5789         (II) A maximum of 80 acres in a local government that does
 5790  not contain any of the designated areas set forth in sub-sub
 5791  subparagraph (I).
 5792         (III) A maximum of 120 acres in a county established
 5793  pursuant to s. 9, Art. VIII of the State Constitution.
 5794         b. The proposed amendment does not involve the same
 5795  property granted a change within the prior 12 months.
 5796         c. The proposed amendment does not involve the same owner’s
 5797  property within 200 feet of property granted a change within the
 5798  prior 12 months.
 5799         (c)d. The proposed amendment does not involve a text change
 5800  to the goals, policies, and objectives of the local government’s
 5801  comprehensive plan, but only proposes a land use change to the
 5802  future land use map for a site-specific small scale development
 5803  activity. However, text changes that relate directly to, and are
 5804  adopted simultaneously with, the small scale future land use map
 5805  amendment shall be permissible under this section.
 5806         (d)e. The property that is the subject of the proposed
 5807  amendment is not located within an area of critical state
 5808  concern, unless the project subject to the proposed amendment
 5809  involves the construction of affordable housing units meeting
 5810  the criteria of s. 420.0004(3), and is located within an area of
 5811  critical state concern designated by s. 380.0552 or by the
 5812  Administration Commission pursuant to s. 380.05(1). Such
 5813  amendment is not subject to the density limitations of sub
 5814  subparagraph f., and shall be reviewed by the state land
 5815  planning agency for consistency with the principles for guiding
 5816  development applicable to the area of critical state concern
 5817  where the amendment is located and shall not become effective
 5818  until a final order is issued under s. 380.05(6).
 5819         f. If the proposed amendment involves a residential land
 5820  use, the residential land use has a density of 10 units or less
 5821  per acre or the proposed future land use category allows a
 5822  maximum residential density of the same or less than the maximum
 5823  residential density allowable under the existing future land use
 5824  category, except that this limitation does not apply to small
 5825  scale amendments involving the construction of affordable
 5826  housing units meeting the criteria of s. 420.0004(3) on property
 5827  which will be the subject of a land use restriction agreement,
 5828  or small scale amendments described in sub-sub-subparagraph
 5829  a.(I) that are designated in the local comprehensive plan for
 5830  urban infill, urban redevelopment, or downtown revitalization as
 5831  defined in s. 163.3164, urban infill and redevelopment areas
 5832  designated under s. 163.2517, transportation concurrency
 5833  exception areas approved pursuant to s. 163.3180(5), or regional
 5834  activity centers and urban central business districts approved
 5835  pursuant to s. 380.06(2)(e).
 5836         2.a. A local government that proposes to consider a plan
 5837  amendment pursuant to this paragraph is not required to comply
 5838  with the procedures and public notice requirements of s.
 5839  163.3184(15)(c) for such plan amendments if the local government
 5840  complies with the provisions in s. 125.66(4)(a) for a county or
 5841  in s. 166.041(3)(c) for a municipality. If a request for a plan
 5842  amendment under this paragraph is initiated by other than the
 5843  local government, public notice is required.
 5844         b. The local government shall send copies of the notice and
 5845  amendment to the state land planning agency, the regional
 5846  planning council, and any other person or entity requesting a
 5847  copy. This information shall also include a statement
 5848  identifying any property subject to the amendment that is
 5849  located within a coastal high-hazard area as identified in the
 5850  local comprehensive plan.
 5851         (2)3. Small scale development amendments adopted pursuant
 5852  to this section paragraph require only one public hearing before
 5853  the governing board, which shall be an adoption hearing as
 5854  described in s. 163.3184(11)(7), and are not subject to the
 5855  requirements of s. 163.3184(3)-(6) unless the local government
 5856  elects to have them subject to those requirements.
 5857         (3)4. If the small scale development amendment involves a
 5858  site within an area that is designated by the Governor as a
 5859  rural area of critical economic concern as defined under s.
 5860  288.0656(2)(d)(7) for the duration of such designation, the 10
 5861  acre limit listed in subsection (1) subparagraph 1. shall be
 5862  increased by 100 percent to 20 acres. The local government
 5863  approving the small scale plan amendment shall certify to the
 5864  Office of Tourism, Trade, and Economic Development that the plan
 5865  amendment furthers the economic objectives set forth in the
 5866  executive order issued under s. 288.0656(7), and the property
 5867  subject to the plan amendment shall undergo public review to
 5868  ensure that all concurrency requirements and federal, state, and
 5869  local environmental permit requirements are met.
 5870         (d) Any comprehensive plan amendment required by a
 5871  compliance agreement pursuant to s. 163.3184(16) may be approved
 5872  without regard to statutory limits on the frequency of adoption
 5873  of amendments to the comprehensive plan.
 5874         (e) A comprehensive plan amendment for location of a state
 5875  correctional facility. Such an amendment may be made at any time
 5876  and does not count toward the limitation on the frequency of
 5877  plan amendments.
 5878         (f) The capital improvements element annual update required
 5879  in s. 163.3177(3)(b)1. and any amendments directly related to
 5880  the schedule.
 5881         (g) Any local government comprehensive plan amendments
 5882  directly related to proposed redevelopment of brownfield areas
 5883  designated under s. 376.80 may be approved without regard to
 5884  statutory limits on the frequency of consideration of amendments
 5885  to the local comprehensive plan.
 5886         (h) Any comprehensive plan amendments for port
 5887  transportation facilities and projects that are eligible for
 5888  funding by the Florida Seaport Transportation and Economic
 5889  Development Council pursuant to s. 311.07.
 5890         (i) A comprehensive plan amendment for the purpose of
 5891  designating an urban infill and redevelopment area under s.
 5892  163.2517 may be approved without regard to the statutory limits
 5893  on the frequency of amendments to the comprehensive plan.
 5894         (j) Any comprehensive plan amendment to establish public
 5895  school concurrency pursuant to s. 163.3180(13), including, but
 5896  not limited to, adoption of a public school facilities element
 5897  and adoption of amendments to the capital improvements element
 5898  and intergovernmental coordination element. In order to ensure
 5899  the consistency of local government public school facilities
 5900  elements within a county, such elements shall be prepared and
 5901  adopted on a similar time schedule.
 5902         (k) A local comprehensive plan amendment directly related
 5903  to providing transportation improvements to enhance life safety
 5904  on Controlled Access Major Arterial Highways identified in the
 5905  Florida Intrastate Highway System, in counties as defined in s.
 5906  125.011, where such roadways have a high incidence of traffic
 5907  accidents resulting in serious injury or death. Any such
 5908  amendment shall not include any amendment modifying the
 5909  designation on a comprehensive development plan land use map nor
 5910  any amendment modifying the allowable densities or intensities
 5911  of any land.
 5912         (l) A comprehensive plan amendment to adopt a public
 5913  educational facilities element pursuant to s. 163.3177(12) and
 5914  future land-use-map amendments for school siting may be approved
 5915  notwithstanding statutory limits on the frequency of adopting
 5916  plan amendments.
 5917         (m) A comprehensive plan amendment that addresses criteria
 5918  or compatibility of land uses adjacent to or in close proximity
 5919  to military installations in a local government’s future land
 5920  use element does not count toward the limitation on the
 5921  frequency of the plan amendments.
 5922         (n) Any local government comprehensive plan amendment
 5923  establishing or implementing a rural land stewardship area
 5924  pursuant to the provisions of s. 163.3177(11)(d).
 5925         (o) A comprehensive plan amendment that is submitted by an
 5926  area designated by the Governor as a rural area of critical
 5927  economic concern under s. 288.0656(7) and that meets the
 5928  economic development objectives may be approved without regard
 5929  to the statutory limits on the frequency of adoption of
 5930  amendments to the comprehensive plan.
 5931         (p) Any local government comprehensive plan amendment that
 5932  is consistent with the local housing incentive strategies
 5933  identified in s. 420.9076 and authorized by the local
 5934  government.
 5935         (q) Any local government plan amendment to designate an
 5936  urban service area as a transportation concurrency exception
 5937  area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
 5938  development-of-regional-impact process under s. 380.06(29).
 5939         (4)(2) Comprehensive plans may only be amended in such a
 5940  way as to preserve the internal consistency of the plan pursuant
 5941  to s. 163.3177(2). Corrections, updates, or modifications of
 5942  current costs which were set out as part of the comprehensive
 5943  plan shall not, for the purposes of this act, be deemed to be
 5944  amendments.
 5945         (3)(a) The state land planning agency shall not review or
 5946  issue a notice of intent for small scale development amendments
 5947  which satisfy the requirements of paragraph (1)(c).
 5948         (5)(a) Any affected person may file a petition with the
 5949  Division of Administrative Hearings pursuant to ss. 120.569 and
 5950  120.57 to request a hearing to challenge the compliance of a
 5951  small scale development amendment with this act within 30 days
 5952  following the local government’s adoption of the amendment and,
 5953  shall serve a copy of the petition on the local government, and
 5954  shall furnish a copy to the state land planning agency. An
 5955  administrative law judge shall hold a hearing in the affected
 5956  jurisdiction not less than 30 days nor more than 60 days
 5957  following the filing of a petition and the assignment of an
 5958  administrative law judge. The parties to a hearing held pursuant
 5959  to this subsection shall be the petitioner, the local
 5960  government, and any intervenor. In the proceeding, the plan
 5961  amendment shall be determined to be in compliance if the local
 5962  government’s determination that the small scale development
 5963  amendment is in compliance is fairly debatable presumed to be
 5964  correct. The local government’s determination shall be sustained
 5965  unless it is shown by a preponderance of the evidence that the
 5966  amendment is not in compliance with the requirements of this
 5967  act. In any proceeding initiated pursuant to this subsection,
 5968  The state land planning agency may not intervene in any
 5969  proceeding initiated pursuant to this section.
 5970         (b)1. If the administrative law judge recommends that the
 5971  small scale development amendment be found not in compliance,
 5972  the administrative law judge shall submit the recommended order
 5973  to the Administration Commission for final agency action. If the
 5974  administrative law judge recommends that the small scale
 5975  development amendment be found in compliance, the administrative
 5976  law judge shall submit the recommended order to the state land
 5977  planning agency.
 5978         2. If the state land planning agency determines that the
 5979  plan amendment is not in compliance, the agency shall submit,
 5980  within 30 days following its receipt, the recommended order to
 5981  the Administration Commission for final agency action. If the
 5982  state land planning agency determines that the plan amendment is
 5983  in compliance, the agency shall enter a final order within 30
 5984  days following its receipt of the recommended order.
 5985         (c) Small scale development amendments may shall not become
 5986  effective until 31 days after adoption. If challenged within 30
 5987  days after adoption, small scale development amendments may
 5988  shall not become effective until the state land planning agency
 5989  or the Administration Commission, respectively, issues a final
 5990  order determining that the adopted small scale development
 5991  amendment is in compliance.
 5992         (d) In all challenges under this subsection, when a
 5993  determination of compliance as defined in s. 163.3184(1)(b) is
 5994  made, consideration shall be given to the plan amendment as a
 5995  whole and whether the plan amendment furthers the intent of this
 5996  part.
 5997         (4) Each governing body shall transmit to the state land
 5998  planning agency a current copy of its comprehensive plan not
 5999  later than December 1, 1985. Each governing body shall also
 6000  transmit copies of any amendments it adopts to its comprehensive
 6001  plan so as to continually update the plans on file with the
 6002  state land planning agency.
 6003         (5) Nothing in this part is intended to prohibit or limit
 6004  the authority of local governments to require that a person
 6005  requesting an amendment pay some or all of the cost of public
 6006  notice.
 6007         (6)(a) No local government may amend its comprehensive plan
 6008  after the date established by the state land planning agency for
 6009  adoption of its evaluation and appraisal report unless it has
 6010  submitted its report or addendum to the state land planning
 6011  agency as prescribed by s. 163.3191, except for plan amendments
 6012  described in paragraph (1)(b) or paragraph (1)(h).
 6013         (b) A local government may amend its comprehensive plan
 6014  after it has submitted its adopted evaluation and appraisal
 6015  report and for a period of 1 year after the initial
 6016  determination of sufficiency regardless of whether the report
 6017  has been determined to be insufficient.
 6018         (c) A local government may not amend its comprehensive
 6019  plan, except for plan amendments described in paragraph (1)(b),
 6020  if the 1-year period after the initial sufficiency determination
 6021  of the report has expired and the report has not been determined
 6022  to be sufficient.
 6023         (d) When the state land planning agency has determined that
 6024  the report has sufficiently addressed all pertinent provisions
 6025  of s. 163.3191, the local government may amend its comprehensive
 6026  plan without the limitations imposed by paragraph (a) or
 6027  paragraph (c).
 6028         (e) Any plan amendment which a local government attempts to
 6029  adopt in violation of paragraph (a) or paragraph (c) is invalid,
 6030  but such invalidity may be overcome if the local government
 6031  readopts the amendment and transmits the amendment to the state
 6032  land planning agency pursuant to s. 163.3184(7) after the report
 6033  is determined to be sufficient.
 6034         Section 19. Section 163.3189, Florida Statutes, is
 6035  repealed.
 6036         Section 20. Section 163.3191, Florida Statutes, is amended
 6037  to read:
 6038         163.3191 Evaluation and appraisal of comprehensive plan.—
 6039         (1) At least once every 7 years, each local government
 6040  shall evaluate its comprehensive plan to determine if plan
 6041  amendments are necessary to reflect changes in state
 6042  requirements in this part since the last update of the
 6043  comprehensive plan, and notify the state land planning agency as
 6044  to its determination.
 6045         (2) If the local government determines amendments to its
 6046  comprehensive plan are necessary to reflect changes in state
 6047  requirements, the local government shall prepare and transmit
 6048  within 1 year such plan amendment or amendments for review
 6049  pursuant to s. 163.3184.
 6050         (3) Local governments are encouraged to comprehensively
 6051  evaluate and, as necessary, update comprehensive plans to
 6052  reflect changes in local conditions. Plan amendments transmitted
 6053  pursuant to this section shall be reviewed in accordance with s.
 6054  163.3184.
 6055         (4) If a local government fails to submit its letter
 6056  prescribed by subsection (1) or update its plan pursuant to
 6057  subsection (2), it may not amend its comprehensive plan until
 6058  such time as it complies with this section.
 6059         (1) The planning program shall be a continuous and ongoing
 6060  process. Each local government shall adopt an evaluation and
 6061  appraisal report once every 7 years assessing the progress in
 6062  implementing the local government’s comprehensive plan.
 6063  Furthermore, it is the intent of this section that:
 6064         (a) Adopted comprehensive plans be reviewed through such
 6065  evaluation process to respond to changes in state, regional, and
 6066  local policies on planning and growth management and changing
 6067  conditions and trends, to ensure effective intergovernmental
 6068  coordination, and to identify major issues regarding the
 6069  community’s achievement of its goals.
 6070         (b) After completion of the initial evaluation and
 6071  appraisal report and any supporting plan amendments, each
 6072  subsequent evaluation and appraisal report must evaluate the
 6073  comprehensive plan in effect at the time of the initiation of
 6074  the evaluation and appraisal report process.
 6075         (c) Local governments identify the major issues, if
 6076  applicable, with input from state agencies, regional agencies,
 6077  adjacent local governments, and the public in the evaluation and
 6078  appraisal report process. It is also the intent of this section
 6079  to establish minimum requirements for information to ensure
 6080  predictability, certainty, and integrity in the growth
 6081  management process. The report is intended to serve as a summary
 6082  audit of the actions that a local government has undertaken and
 6083  identify changes that it may need to make. The report should be
 6084  based on the local government’s analysis of major issues to
 6085  further the community’s goals consistent with statewide minimum
 6086  standards. The report is not intended to require a comprehensive
 6087  rewrite of the elements within the local plan, unless a local
 6088  government chooses to do so.
 6089         (2) The report shall present an evaluation and assessment
 6090  of the comprehensive plan and shall contain appropriate
 6091  statements to update the comprehensive plan, including, but not
 6092  limited to, words, maps, illustrations, or other media, related
 6093  to:
 6094         (a) Population growth and changes in land area, including
 6095  annexation, since the adoption of the original plan or the most
 6096  recent update amendments.
 6097         (b) The extent of vacant and developable land.
 6098         (c) The financial feasibility of implementing the
 6099  comprehensive plan and of providing needed infrastructure to
 6100  achieve and maintain adopted level-of-service standards and
 6101  sustain concurrency management systems through the capital
 6102  improvements element, as well as the ability to address
 6103  infrastructure backlogs and meet the demands of growth on public
 6104  services and facilities.
 6105         (d) The location of existing development in relation to the
 6106  location of development as anticipated in the original plan, or
 6107  in the plan as amended by the most recent evaluation and
 6108  appraisal report update amendments, such as within areas
 6109  designated for urban growth.
 6110         (e) An identification of the major issues for the
 6111  jurisdiction and, where pertinent, the potential social,
 6112  economic, and environmental impacts.
 6113         (f) Relevant changes to the state comprehensive plan, the
 6114  requirements of this part, the minimum criteria contained in
 6115  chapter 9J-5, Florida Administrative Code, and the appropriate
 6116  strategic regional policy plan since the adoption of the
 6117  original plan or the most recent evaluation and appraisal report
 6118  update amendments.
 6119         (g) An assessment of whether the plan objectives within
 6120  each element, as they relate to major issues, have been
 6121  achieved. The report shall include, as appropriate, an
 6122  identification as to whether unforeseen or unanticipated changes
 6123  in circumstances have resulted in problems or opportunities with
 6124  respect to major issues identified in each element and the
 6125  social, economic, and environmental impacts of the issue.
 6126         (h) A brief assessment of successes and shortcomings
 6127  related to each element of the plan.
 6128         (i) The identification of any actions or corrective
 6129  measures, including whether plan amendments are anticipated to
 6130  address the major issues identified and analyzed in the report.
 6131  Such identification shall include, as appropriate, new
 6132  population projections, new revised planning timeframes, a
 6133  revised future conditions map or map series, an updated capital
 6134  improvements element, and any new and revised goals, objectives,
 6135  and policies for major issues identified within each element.
 6136  This paragraph shall not require the submittal of the plan
 6137  amendments with the evaluation and appraisal report.
 6138         (j) A summary of the public participation program and
 6139  activities undertaken by the local government in preparing the
 6140  report.
 6141         (k) The coordination of the comprehensive plan with
 6142  existing public schools and those identified in the applicable
 6143  educational facilities plan adopted pursuant to s. 1013.35. The
 6144  assessment shall address, where relevant, the success or failure
 6145  of the coordination of the future land use map and associated
 6146  planned residential development with public schools and their
 6147  capacities, as well as the joint decisionmaking processes
 6148  engaged in by the local government and the school board in
 6149  regard to establishing appropriate population projections and
 6150  the planning and siting of public school facilities. For those
 6151  counties or municipalities that do not have a public schools
 6152  interlocal agreement or public school facilities element, the
 6153  assessment shall determine whether the local government
 6154  continues to meet the criteria of s. 163.3177(12). If the county
 6155  or municipality determines that it no longer meets the criteria,
 6156  it must adopt appropriate school concurrency goals, objectives,
 6157  and policies in its plan amendments pursuant to the requirements
 6158  of the public school facilities element, and enter into the
 6159  existing interlocal agreement required by ss. 163.3177(6)(h)2.
 6160  and 163.31777 in order to fully participate in the school
 6161  concurrency system.
 6162         (l) The extent to which the local government has been
 6163  successful in identifying alternative water supply projects and
 6164  traditional water supply projects, including conservation and
 6165  reuse, necessary to meet the water needs identified in s.
 6166  373.709(2)(a) within the local government’s jurisdiction. The
 6167  report must evaluate the degree to which the local government
 6168  has implemented the work plan for building public, private, and
 6169  regional water supply facilities, including development of
 6170  alternative water supplies, identified in the element as
 6171  necessary to serve existing and new development.
 6172         (m) If any of the jurisdiction of the local government is
 6173  located within the coastal high-hazard area, an evaluation of
 6174  whether any past reduction in land use density impairs the
 6175  property rights of current residents when redevelopment occurs,
 6176  including, but not limited to, redevelopment following a natural
 6177  disaster. The property rights of current residents shall be
 6178  balanced with public safety considerations. The local government
 6179  must identify strategies to address redevelopment feasibility
 6180  and the property rights of affected residents. These strategies
 6181  may include the authorization of redevelopment up to the actual
 6182  built density in existence on the property prior to the natural
 6183  disaster or redevelopment.
 6184         (n) An assessment of whether the criteria adopted pursuant
 6185  to s. 163.3177(6)(a) were successful in achieving compatibility
 6186  with military installations.
 6187         (o) The extent to which a concurrency exception area
 6188  designated pursuant to s. 163.3180(5), a concurrency management
 6189  area designated pursuant to s. 163.3180(7), or a multimodal
 6190  transportation district designated pursuant to s. 163.3180(15)
 6191  has achieved the purpose for which it was created and otherwise
 6192  complies with the provisions of s. 163.3180.
 6193         (p) An assessment of the extent to which changes are needed
 6194  to develop a common methodology for measuring impacts on
 6195  transportation facilities for the purpose of implementing its
 6196  concurrency management system in coordination with the
 6197  municipalities and counties, as appropriate pursuant to s.
 6198  163.3180(10).
 6199         (3) Voluntary scoping meetings may be conducted by each
 6200  local government or several local governments within the same
 6201  county that agree to meet together. Joint meetings among all
 6202  local governments in a county are encouraged. All scoping
 6203  meetings shall be completed at least 1 year prior to the
 6204  established adoption date of the report. The purpose of the
 6205  meetings shall be to distribute data and resources available to
 6206  assist in the preparation of the report, to provide input on
 6207  major issues in each community that should be addressed in the
 6208  report, and to advise on the extent of the effort for the
 6209  components of subsection (2). If scoping meetings are held, the
 6210  local government shall invite each state and regional reviewing
 6211  agency, as well as adjacent and other affected local
 6212  governments. A preliminary list of new data and major issues
 6213  that have emerged since the adoption of the original plan, or
 6214  the most recent evaluation and appraisal report-based update
 6215  amendments, should be developed by state and regional entities
 6216  and involved local governments for distribution at the scoping
 6217  meeting. For purposes of this subsection, a “scoping meeting” is
 6218  a meeting conducted to determine the scope of review of the
 6219  evaluation and appraisal report by parties to which the report
 6220  relates.
 6221         (4) The local planning agency shall prepare the evaluation
 6222  and appraisal report and shall make recommendations to the
 6223  governing body regarding adoption of the proposed report. The
 6224  local planning agency shall prepare the report in conformity
 6225  with its public participation procedures adopted as required by
 6226  s. 163.3181. During the preparation of the proposed report and
 6227  prior to making any recommendation to the governing body, the
 6228  local planning agency shall hold at least one public hearing,
 6229  with public notice, on the proposed report. At a minimum, the
 6230  format and content of the proposed report shall include a table
 6231  of contents; numbered pages; element headings; section headings
 6232  within elements; a list of included tables, maps, and figures; a
 6233  title and sources for all included tables; a preparation date;
 6234  and the name of the preparer. Where applicable, maps shall
 6235  include major natural and artificial geographic features; city,
 6236  county, and state lines; and a legend indicating a north arrow,
 6237  map scale, and the date.
 6238         (5) Ninety days prior to the scheduled adoption date, the
 6239  local government may provide a proposed evaluation and appraisal
 6240  report to the state land planning agency and distribute copies
 6241  to state and regional commenting agencies as prescribed by rule,
 6242  adjacent jurisdictions, and interested citizens for review. All
 6243  review comments, including comments by the state land planning
 6244  agency, shall be transmitted to the local government and state
 6245  land planning agency within 30 days after receipt of the
 6246  proposed report.
 6247         (6) The governing body, after considering the review
 6248  comments and recommended changes, if any, shall adopt the
 6249  evaluation and appraisal report by resolution or ordinance at a
 6250  public hearing with public notice. The governing body shall
 6251  adopt the report in conformity with its public participation
 6252  procedures adopted as required by s. 163.3181. The local
 6253  government shall submit to the state land planning agency three
 6254  copies of the report, a transmittal letter indicating the dates
 6255  of public hearings, and a copy of the adoption resolution or
 6256  ordinance. The local government shall provide a copy of the
 6257  report to the reviewing agencies which provided comments for the
 6258  proposed report, or to all the reviewing agencies if a proposed
 6259  report was not provided pursuant to subsection (5), including
 6260  the adjacent local governments. Within 60 days after receipt,
 6261  the state land planning agency shall review the adopted report
 6262  and make a preliminary sufficiency determination that shall be
 6263  forwarded by the agency to the local government for its
 6264  consideration. The state land planning agency shall issue a
 6265  final sufficiency determination within 90 days after receipt of
 6266  the adopted evaluation and appraisal report.
 6267         (7) The intent of the evaluation and appraisal process is
 6268  the preparation of a plan update that clearly and concisely
 6269  achieves the purpose of this section. Toward this end, the
 6270  sufficiency review of the state land planning agency shall
 6271  concentrate on whether the evaluation and appraisal report
 6272  sufficiently fulfills the components of subsection (2). If the
 6273  state land planning agency determines that the report is
 6274  insufficient, the governing body shall adopt a revision of the
 6275  report and submit the revised report for review pursuant to
 6276  subsection (6).
 6277         (8) The state land planning agency may delegate the review
 6278  of evaluation and appraisal reports, including all state land
 6279  planning agency duties under subsections (4)-(7), to the
 6280  appropriate regional planning council. When the review has been
 6281  delegated to a regional planning council, any local government
 6282  in the region may elect to have its report reviewed by the
 6283  regional planning council rather than the state land planning
 6284  agency. The state land planning agency shall by agreement
 6285  provide for uniform and adequate review of reports and shall
 6286  retain oversight for any delegation of review to a regional
 6287  planning council.
 6288         (9) The state land planning agency may establish a phased
 6289  schedule for adoption of reports. The schedule shall provide
 6290  each local government at least 7 years from plan adoption or
 6291  last established adoption date for a report and shall allot
 6292  approximately one-seventh of the reports to any 1 year. In order
 6293  to allow the municipalities to use data and analyses gathered by
 6294  the counties, the state land planning agency shall schedule
 6295  municipal report adoption dates between 1 year and 18 months
 6296  later than the report adoption date for the county in which
 6297  those municipalities are located. A local government may adopt
 6298  its report no earlier than 90 days prior to the established
 6299  adoption date. Small municipalities which were scheduled by
 6300  chapter 9J-33, Florida Administrative Code, to adopt their
 6301  evaluation and appraisal report after February 2, 1999, shall be
 6302  rescheduled to adopt their report together with the other
 6303  municipalities in their county as provided in this subsection.
 6304         (10) The governing body shall amend its comprehensive plan
 6305  based on the recommendations in the report and shall update the
 6306  comprehensive plan based on the components of subsection (2),
 6307  pursuant to the provisions of ss. 163.3184, 163.3187, and
 6308  163.3189. Amendments to update a comprehensive plan based on the
 6309  evaluation and appraisal report shall be adopted during a single
 6310  amendment cycle within 18 months after the report is determined
 6311  to be sufficient by the state land planning agency, except the
 6312  state land planning agency may grant an extension for adoption
 6313  of a portion of such amendments. The state land planning agency
 6314  may grant a 6-month extension for the adoption of such
 6315  amendments if the request is justified by good and sufficient
 6316  cause as determined by the agency. An additional extension may
 6317  also be granted if the request will result in greater
 6318  coordination between transportation and land use, for the
 6319  purposes of improving Florida’s transportation system, as
 6320  determined by the agency in coordination with the Metropolitan
 6321  Planning Organization program. Beginning July 1, 2006, failure
 6322  to timely adopt and transmit update amendments to the
 6323  comprehensive plan based on the evaluation and appraisal report
 6324  shall result in a local government being prohibited from
 6325  adopting amendments to the comprehensive plan until the
 6326  evaluation and appraisal report update amendments have been
 6327  adopted and transmitted to the state land planning agency. The
 6328  prohibition on plan amendments shall commence when the update
 6329  amendments to the comprehensive plan are past due. The
 6330  comprehensive plan as amended shall be in compliance as defined
 6331  in s. 163.3184(1)(b). Within 6 months after the effective date
 6332  of the update amendments to the comprehensive plan, the local
 6333  government shall provide to the state land planning agency and
 6334  to all agencies designated by rule a complete copy of the
 6335  updated comprehensive plan.
 6336         (11) The Administration Commission may impose the sanctions
 6337  provided by s. 163.3184(11) against any local government that
 6338  fails to adopt and submit a report, or that fails to implement
 6339  its report through timely and sufficient amendments to its local
 6340  plan, except for reasons of excusable delay or valid planning
 6341  reasons agreed to by the state land planning agency or found
 6342  present by the Administration Commission. Sanctions for untimely
 6343  or insufficient plan amendments shall be prospective only and
 6344  shall begin after a final order has been issued by the
 6345  Administration Commission and a reasonable period of time has
 6346  been allowed for the local government to comply with an adverse
 6347  determination by the Administration Commission through adoption
 6348  of plan amendments that are in compliance. The state land
 6349  planning agency may initiate, and an affected person may
 6350  intervene in, such a proceeding by filing a petition with the
 6351  Division of Administrative Hearings, which shall appoint an
 6352  administrative law judge and conduct a hearing pursuant to ss.
 6353  120.569 and 120.57(1) and shall submit a recommended order to
 6354  the Administration Commission. The affected local government
 6355  shall be a party to any such proceeding. The commission may
 6356  implement this subsection by rule.
 6357         (5)(12) The state land planning agency may shall not adopt
 6358  rules to implement this section, other than procedural rules or
 6359  a schedule indicating when local governments must comply with
 6360  the requirements of this section.
 6361         (13) The state land planning agency shall regularly review
 6362  the evaluation and appraisal report process and submit a report
 6363  to the Governor, the Administration Commission, the Speaker of
 6364  the House of Representatives, the President of the Senate, and
 6365  the respective community affairs committees of the Senate and
 6366  the House of Representatives. The first report shall be
 6367  submitted by December 31, 2004, and subsequent reports shall be
 6368  submitted every 5 years thereafter. At least 9 months before the
 6369  due date of each report, the Secretary of Community Affairs
 6370  shall appoint a technical committee of at least 15 members to
 6371  assist in the preparation of the report. The membership of the
 6372  technical committee shall consist of representatives of local
 6373  governments, regional planning councils, the private sector, and
 6374  environmental organizations. The report shall assess the
 6375  effectiveness of the evaluation and appraisal report process.
 6376         (14) The requirement of subsection (10) prohibiting a local
 6377  government from adopting amendments to the local comprehensive
 6378  plan until the evaluation and appraisal report update amendments
 6379  have been adopted and transmitted to the state land planning
 6380  agency does not apply to a plan amendment proposed for adoption
 6381  by the appropriate local government as defined in s.
 6382  163.3178(2)(k) in order to integrate a port comprehensive master
 6383  plan with the coastal management element of the local
 6384  comprehensive plan as required by s. 163.3178(2)(k) if the port
 6385  comprehensive master plan or the proposed plan amendment does
 6386  not cause or contribute to the failure of the local government
 6387  to comply with the requirements of the evaluation and appraisal
 6388  report.
 6389         Section 21. Paragraph (b) of subsection (2) of section
 6390  163.3217, Florida Statutes, is amended to read:
 6391         163.3217 Municipal overlay for municipal incorporation.—
 6392         (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
 6393  OVERLAY.—
 6394         (b)1. A municipal overlay shall be adopted as an amendment
 6395  to the local government comprehensive plan as prescribed by s.
 6396  163.3184.
 6397         2. A county may consider the adoption of a municipal
 6398  overlay without regard to the provisions of s. 163.3187(1)
 6399  regarding the frequency of adoption of amendments to the local
 6400  comprehensive plan.
 6401         Section 22. Subsection (3) of section 163.3220, Florida
 6402  Statutes, is amended to read:
 6403         163.3220 Short title; legislative intent.—
 6404         (3) In conformity with, in furtherance of, and to implement
 6405  the Community Local Government Comprehensive Planning and Land
 6406  Development Regulation Act and the Florida State Comprehensive
 6407  Planning Act of 1972, it is the intent of the Legislature to
 6408  encourage a stronger commitment to comprehensive and capital
 6409  facilities planning, ensure the provision of adequate public
 6410  facilities for development, encourage the efficient use of
 6411  resources, and reduce the economic cost of development.
 6412         Section 23. Subsections (2) and (11) of section 163.3221,
 6413  Florida Statutes, are amended to read:
 6414         163.3221 Florida Local Government Development Agreement
 6415  Act; definitions.—As used in ss. 163.3220-163.3243:
 6416         (2) “Comprehensive plan” means a plan adopted pursuant to
 6417  the Community “Local Government Comprehensive Planning and Land
 6418  Development Regulation Act.
 6419         (11) “Local planning agency” means the agency designated to
 6420  prepare a comprehensive plan or plan amendment pursuant to the
 6421  Community “Florida Local Government Comprehensive Planning and
 6422  Land Development Regulation Act.
 6423         Section 24. Section 163.3229, Florida Statutes, is amended
 6424  to read:
 6425         163.3229 Duration of a development agreement and
 6426  relationship to local comprehensive plan.—The duration of a
 6427  development agreement may shall not exceed 30 20 years, unless
 6428  it is. It may be extended by mutual consent of the governing
 6429  body and the developer, subject to a public hearing in
 6430  accordance with s. 163.3225. No development agreement shall be
 6431  effective or be implemented by a local government unless the
 6432  local government’s comprehensive plan and plan amendments
 6433  implementing or related to the agreement are found in compliance
 6434  by the state land planning agency in accordance with s.
 6435  163.3184, s. 163.3187, or s. 163.3189.
 6436         Section 25. Section 163.3235, Florida Statutes, is amended
 6437  to read:
 6438         163.3235 Periodic review of a development agreement.—A
 6439  local government shall review land subject to a development
 6440  agreement at least once every 12 months to determine if there
 6441  has been demonstrated good faith compliance with the terms of
 6442  the development agreement. For each annual review conducted
 6443  during years 6 through 10 of a development agreement, the review
 6444  shall be incorporated into a written report which shall be
 6445  submitted to the parties to the agreement and the state land
 6446  planning agency. The state land planning agency shall adopt
 6447  rules regarding the contents of the report, provided that the
 6448  report shall be limited to the information sufficient to
 6449  determine the extent to which the parties are proceeding in good
 6450  faith to comply with the terms of the development agreement. If
 6451  the local government finds, on the basis of substantial
 6452  competent evidence, that there has been a failure to comply with
 6453  the terms of the development agreement, the agreement may be
 6454  revoked or modified by the local government.
 6455         Section 26. Section 163.3239, Florida Statutes, is amended
 6456  to read:
 6457         163.3239 Recording and effectiveness of a development
 6458  agreement.—Within 14 days after a local government enters into a
 6459  development agreement, the local government shall record the
 6460  agreement with the clerk of the circuit court in the county
 6461  where the local government is located. A copy of the recorded
 6462  development agreement shall be submitted to the state land
 6463  planning agency within 14 days after the agreement is recorded.
 6464  A development agreement is shall not be effective until it is
 6465  properly recorded in the public records of the county and until
 6466  30 days after having been received by the state land planning
 6467  agency pursuant to this section. The burdens of the development
 6468  agreement shall be binding upon, and the benefits of the
 6469  agreement shall inure to, all successors in interest to the
 6470  parties to the agreement.
 6471         Section 27. Section 163.3243, Florida Statutes, is amended
 6472  to read:
 6473         163.3243 Enforcement.—Any party or, any aggrieved or
 6474  adversely affected person as defined in s. 163.3215(2), or the
 6475  state land planning agency may file an action for injunctive
 6476  relief in the circuit court where the local government is
 6477  located to enforce the terms of a development agreement or to
 6478  challenge compliance of the agreement with the provisions of ss.
 6479  163.3220-163.3243.
 6480         Section 28. Section 163.3245, Florida Statutes, is amended
 6481  to read:
 6482         163.3245 Optional Sector plans.—
 6483         (1) In recognition of the benefits of conceptual long-range
 6484  planning for the buildout of an area, and detailed planning for
 6485  specific areas, as a demonstration project, the requirements of
 6486  s. 380.06 may be addressed as identified by this section for up
 6487  to five local governments or combinations of local governments
 6488  may which adopt into their the comprehensive plans a plan an
 6489  optional sector plan in accordance with this section. This
 6490  section is intended to promote and encourage long-term planning
 6491  for conservation, development, and agriculture on a landscape
 6492  scale; to further the intent of s. 163.3177(11), which supports
 6493  innovative and flexible planning and development strategies, and
 6494  the purposes of this part, and part I of chapter 380; to
 6495  facilitate protection of regionally significant resources,
 6496  including, but not limited to, regionally significant water
 6497  courses and wildlife corridors;, and to avoid duplication of
 6498  effort in terms of the level of data and analysis required for a
 6499  development of regional impact, while ensuring the adequate
 6500  mitigation of impacts to applicable regional resources and
 6501  facilities, including those within the jurisdiction of other
 6502  local governments, as would otherwise be provided. Optional
 6503  Sector plans are intended for substantial geographic areas that
 6504  include including at least 15,000 5,000 acres of one or more
 6505  local governmental jurisdictions and are to emphasize urban form
 6506  and protection of regionally significant resources and public
 6507  facilities. A The state land planning agency may approve
 6508  optional sector plans of less than 5,000 acres based on local
 6509  circumstances if it is determined that the plan would further
 6510  the purposes of this part and part I of chapter 380. Preparation
 6511  of an optional sector plan is authorized by agreement between
 6512  the state land planning agency and the applicable local
 6513  governments under s. 163.3171(4). An optional sector plan may be
 6514  adopted through one or more comprehensive plan amendments under
 6515  s. 163.3184. However, an optional sector plan may not be adopted
 6516  authorized in an area of critical state concern.
 6517         (2) Upon the request of a local government having
 6518  jurisdiction, The state land planning agency may enter into an
 6519  agreement to authorize preparation of an optional sector plan
 6520  upon the request of one or more local governments based on
 6521  consideration of problems and opportunities presented by
 6522  existing development trends; the effectiveness of current
 6523  comprehensive plan provisions; the potential to further the
 6524  state comprehensive plan, applicable strategic regional policy
 6525  plans, this part, and part I of chapter 380; and those factors
 6526  identified by s. 163.3177(10)(i). the applicable regional
 6527  planning council shall conduct a scoping meeting with affected
 6528  local governments and those agencies identified in s.
 6529  163.3184(1)(c)(4) before preparation of the sector plan
 6530  execution of the agreement authorized by this section. The
 6531  purpose of this meeting is to assist the state land planning
 6532  agency and the local government in the identification of the
 6533  relevant planning issues to be addressed and the data and
 6534  resources available to assist in the preparation of the sector
 6535  plan subsequent plan amendments. If a scoping meeting is
 6536  conducted, the regional planning council shall make written
 6537  recommendations to the state land planning agency and affected
 6538  local governments on the issues requested by the local
 6539  government. The scoping meeting shall be noticed and open to the
 6540  public. If the entire planning area proposed for the sector plan
 6541  is within the jurisdiction of two or more local governments,
 6542  some or all of them may enter into a joint planning agreement
 6543  pursuant to s. 163.3171 with respect to, including whether a
 6544  sustainable sector plan would be appropriate. The agreement must
 6545  define the geographic area to be subject to the sector plan, the
 6546  planning issues that will be emphasized, procedures requirements
 6547  for intergovernmental coordination to address
 6548  extrajurisdictional impacts, supporting application materials
 6549  including data and analysis, and procedures for public
 6550  participation, or other issues. An agreement may address
 6551  previously adopted sector plans that are consistent with the
 6552  standards in this section. Before executing an agreement under
 6553  this subsection, the local government shall hold a duly noticed
 6554  public workshop to review and explain to the public the optional
 6555  sector planning process and the terms and conditions of the
 6556  proposed agreement. The local government shall hold a duly
 6557  noticed public hearing to execute the agreement. All meetings
 6558  between the department and the local government must be open to
 6559  the public.
 6560         (3) Optional Sector planning encompasses two levels:
 6561  adoption pursuant to under s. 163.3184 of a conceptual long-term
 6562  master plan for the entire planning area as part of the
 6563  comprehensive plan, and adoption by local development order of
 6564  two or more buildout overlay to the comprehensive plan, having
 6565  no immediate effect on the issuance of development orders or the
 6566  applicability of s. 380.06, and adoption under s. 163.3184 of
 6567  detailed specific area plans that implement the conceptual long
 6568  term master plan buildout overlay and authorize issuance of
 6569  development orders, and within which s. 380.06 is waived. Until
 6570  such time as a detailed specific area plan is adopted, the
 6571  underlying future land use designations apply.
 6572         (a) In addition to the other requirements of this chapter,
 6573  a long-term master plan pursuant to this section conceptual
 6574  long-term buildout overlay must include maps, illustrations, and
 6575  text supported by data and analysis to address the following:
 6576         1. A long-range conceptual framework map that, at a
 6577  minimum, generally depicts identifies anticipated areas of
 6578  urban, agricultural, rural, and conservation land use,
 6579  identifies allowed uses in various parts of the planning area,
 6580  specifies maximum and minimum densities and intensities of use,
 6581  and provides the general framework for the development pattern
 6582  in developed areas with graphic illustrations based on a
 6583  hierarchy of places and functional place-making components.
 6584         2. A general identification of the water supplies needed
 6585  and available sources of water, including water resource
 6586  development and water supply development projects, and water
 6587  conservation measures needed to meet the projected demand of the
 6588  future land uses in the long-term master plan.
 6589         3. A general identification of the transportation
 6590  facilities to serve the future land uses in the long-term master
 6591  plan, including guidelines to be used to establish each modal
 6592  component intended to optimize mobility.
 6593         4.2.A general identification of other regionally
 6594  significant public facilities consistent with chapter 9J-2,
 6595  Florida Administrative Code, irrespective of local governmental
 6596  jurisdiction necessary to support buildout of the anticipated
 6597  future land uses, which may include central utilities provided
 6598  onsite within the planning area, and policies setting forth the
 6599  procedures to be used to mitigate the impacts of future land
 6600  uses on public facilities.
 6601         5.3.A general identification of regionally significant
 6602  natural resources within the planning area based on the best
 6603  available data and policies setting forth the procedures for
 6604  protection or conservation of specific resources consistent with
 6605  the overall conservation and development strategy for the
 6606  planning area consistent with chapter 9J-2, Florida
 6607  Administrative Code.
 6608         6.4.General principles and guidelines addressing that
 6609  address the urban form and the interrelationships of anticipated
 6610  future land uses; the protection and, as appropriate,
 6611  restoration and management of lands identified for permanent
 6612  preservation through recordation of conservation easements
 6613  consistent with s. 704.06, which shall be phased or staged in
 6614  coordination with detailed specific area plans to reflect phased
 6615  or staged development within the planning area; and a
 6616  discussion, at the applicant’s option, of the extent, if any, to
 6617  which the plan will address restoring key ecosystems, achieving
 6618  a more clean, healthy environment;, limiting urban sprawl;
 6619  providing a range of housing types;, protecting wildlife and
 6620  natural areas;, advancing the efficient use of land and other
 6621  resources;, and creating quality communities of a design that
 6622  promotes travel by multiple transportation modes; and enhancing
 6623  the prospects for the creation of jobs.
 6624         7.5. Identification of general procedures and policies to
 6625  facilitate ensure intergovernmental coordination to address
 6626  extrajurisdictional impacts from the future land uses long-range
 6627  conceptual framework map.
 6628  
 6629  A long-term master plan adopted pursuant to this section may be
 6630  based upon a planning period longer than the generally
 6631  applicable planning period of the local comprehensive plan,
 6632  shall specify the projected population within the planning area
 6633  during the chosen planning period, and may include a phasing or
 6634  staging schedule that allocates a portion of the local
 6635  government’s future growth to the planning area through the
 6636  planning period. A long-term master plan adopted pursuant to
 6637  this section is not required to demonstrate need based upon
 6638  projected population growth or on any other basis.
 6639         (b) In addition to the other requirements of this chapter,
 6640  including those in paragraph (a), the detailed specific area
 6641  plans shall be consistent with the long-term master plan and
 6642  must include conditions and commitments that provide for:
 6643         1. Development or conservation of an area of adequate size
 6644  to accommodate a level of development which achieves a
 6645  functional relationship between a full range of land uses within
 6646  the area and to encompass at least 1,000 acres consistent with
 6647  the long-term master plan. The local government state land
 6648  planning agency may approve detailed specific area plans of less
 6649  than 1,000 acres based on local circumstances if it is
 6650  determined that the detailed specific area plan furthers the
 6651  purposes of this part and part I of chapter 380.
 6652         2. Detailed identification and analysis of the maximum and
 6653  minimum densities and intensities of use and the distribution,
 6654  extent, and location of future land uses.
 6655         3. Detailed identification of water resource development
 6656  and water supply development projects and related infrastructure
 6657  and water conservation measures to address water needs of
 6658  development in the detailed specific area plan.
 6659         4. Detailed identification of the transportation facilities
 6660  to serve the future land uses in the detailed specific area
 6661  plan.
 6662         5.3. Detailed identification of other regionally
 6663  significant public facilities, including public facilities
 6664  outside the jurisdiction of the host local government,
 6665  anticipated impacts of future land uses on those facilities, and
 6666  required improvements consistent with the long-term master plan
 6667  chapter 9J-2, Florida Administrative Code.
 6668         6.4. Public facilities necessary to serve development in
 6669  the detailed specific area plan for the short term, including
 6670  developer contributions in a financially feasible 5-year capital
 6671  improvement schedule of the affected local government.
 6672         7.5. Detailed analysis and identification of specific
 6673  measures to ensure assure the protection and, as appropriate,
 6674  restoration and management of lands within the boundary of the
 6675  detailed specific area plan identified for permanent
 6676  preservation through recordation of conservation easements
 6677  consistent with s. 704.06, which easements shall be effective
 6678  before or concurrent with the effective date of the detailed
 6679  specific area plan of regionally significant natural resources
 6680  and other important resources both within and outside the host
 6681  jurisdiction, including those regionally significant resources
 6682  identified in chapter 9J-2, Florida Administrative Code.
 6683         8.6.Detailed principles and guidelines addressing that
 6684  address the urban form and the interrelationships of anticipated
 6685  future land uses; and a discussion, at the applicant’s option,
 6686  of the extent, if any, to which the plan will address restoring
 6687  key ecosystems, achieving a more clean, healthy environment;,
 6688  limiting urban sprawl; providing a range of housing types;,
 6689  protecting wildlife and natural areas;, advancing the efficient
 6690  use of land and other resources;, and creating quality
 6691  communities of a design that promotes travel by multiple
 6692  transportation modes; and enhancing the prospects for the
 6693  creation of jobs.
 6694         9.7. Identification of specific procedures to facilitate
 6695  ensure intergovernmental coordination to address
 6696  extrajurisdictional impacts from of the detailed specific area
 6697  plan.
 6698  
 6699  A detailed specific area plan adopted by local development order
 6700  pursuant to this section may be based upon a planning period
 6701  longer than the generally applicable planning period of the
 6702  local comprehensive plan and shall specify the projected
 6703  population within the specific planning area during the chosen
 6704  planning period. A detailed specific area plan adopted pursuant
 6705  to this section is not required to demonstrate need based upon
 6706  projected population growth or on any other basis. All lands
 6707  identified in the long-term master plan for permanent
 6708  preservation shall be subject to a recorded conservation
 6709  easement consistent with s. 704.06 before or concurrent with the
 6710  effective date of the final detailed specific area plan to be
 6711  approved within the planning area.
 6712         (c) In its review of a long-term master plan, the state
 6713  land planning agency shall consult with the Department of
 6714  Agriculture and Consumer Services, the Department of
 6715  Environmental Protection, the Fish and Wildlife Conservation
 6716  Commission, and the applicable water management district
 6717  regarding the design of areas for protection and conservation of
 6718  regionally significant natural resources and for the protection
 6719  and, as appropriate, restoration and management of lands
 6720  identified for permanent preservation.
 6721         (d) In its review of a long-term master plan, the state
 6722  land planning agency shall consult with the Department of
 6723  Transportation, the applicable metropolitan planning
 6724  organization, and any urban transit agency regarding the
 6725  location, capacity, design, and phasing or staging of major
 6726  transportation facilities in the planning area.
 6727         (e) Whenever a local government issues a development order
 6728  approving a detailed specific area plan, a copy of such order
 6729  shall be rendered to the state land planning agency and the
 6730  owner or developer of the property affected by such order, as
 6731  prescribed by rules of the state land planning agency for a
 6732  development order for a development of regional impact. Within
 6733  45 days after the order is rendered, the owner, the developer,
 6734  or the state land planning agency may appeal the order to the
 6735  Florida Land and Water Adjudicatory Commission by filing a
 6736  petition alleging that the detailed specific area plan is not
 6737  consistent with the comprehensive plan or with the long-term
 6738  master plan adopted pursuant to this section. The appellant
 6739  shall furnish a copy of the petition to the opposing party, as
 6740  the case may be, and to the local government that issued the
 6741  order. The filing of the petition stays the effectiveness of the
 6742  order until after completion of the appeal process. However, if
 6743  a development order approving a detailed specific area plan has
 6744  been challenged by an aggrieved or adversely affected party in a
 6745  judicial proceeding pursuant to s. 163.3215, and a party to such
 6746  proceeding serves notice to the state land planning agency, the
 6747  state land planning agency shall dismiss its appeal to the
 6748  commission and shall have the right to intervene in the pending
 6749  judicial proceeding pursuant to s. 163.3215. Proceedings for
 6750  administrative review of an order approving a detailed specific
 6751  area plan shall be conducted consistent with s. 380.07(6). The
 6752  commission shall issue a decision granting or denying permission
 6753  to develop pursuant to the long-term master plan and the
 6754  standards of this part and may attach conditions or restrictions
 6755  to its decisions.
 6756         (f)(c) This subsection does may not be construed to prevent
 6757  preparation and approval of the optional sector plan and
 6758  detailed specific area plan concurrently or in the same
 6759  submission.
 6760         (4) Upon the long-term master plan becoming legally
 6761  effective:
 6762         (a) Any long-range transportation plan developed by a
 6763  metropolitan planning organization pursuant to s. 339.175(7)
 6764  must be consistent, to the maximum extent feasible, with the
 6765  long-term master plan, including, but not limited to, the
 6766  projected population and the approved uses and densities and
 6767  intensities of use and their distribution within the planning
 6768  area. The transportation facilities identified in adopted plans
 6769  pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
 6770  in coordination with the adopted M.P.O. long-range
 6771  transportation plan.
 6772         (b) The water needs, sources and water resource
 6773  development, and water supply development projects identified in
 6774  adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
 6775  be incorporated into the applicable district and regional water
 6776  supply plans adopted in accordance with ss. 373.036 and 373.709.
 6777  Accordingly, and notwithstanding the permit durations stated in
 6778  s. 373.236, an applicant may request and the applicable district
 6779  may issue consumptive use permits for durations commensurate
 6780  with the long-term master plan or detailed specific area plan,
 6781  considering the ability of the master plan area to contribute to
 6782  regional water supply availability and the need to maximize
 6783  reasonable-beneficial use of the water resource. The permitting
 6784  criteria in s. 373.223 shall be applied based upon the projected
 6785  population and the approved densities and intensities of use and
 6786  their distribution in the long-term master plan; however, the
 6787  allocation of the water may be phased over the permit duration
 6788  to correspond to actual projected needs. This paragraph does not
 6789  supersede the public interest test set forth in s. 373.223. The
 6790  host local government shall submit a monitoring report to the
 6791  state land planning agency and applicable regional planning
 6792  council on an annual basis after adoption of a detailed specific
 6793  area plan. The annual monitoring report must provide summarized
 6794  information on development orders issued, development that has
 6795  occurred, public facility improvements made, and public facility
 6796  improvements anticipated over the upcoming 5 years.
 6797         (5) When a plan amendment adopting a detailed specific area
 6798  plan has become effective for a portion of the planning area
 6799  governed by a long-term master plan adopted pursuant to this
 6800  section under ss. 163.3184 and 163.3189(2), the provisions of s.
 6801  380.06 does do not apply to development within the geographic
 6802  area of the detailed specific area plan. However, any
 6803  development-of-regional-impact development order that is vested
 6804  from the detailed specific area plan may be enforced pursuant to
 6805  under s. 380.11.
 6806         (a) The local government adopting the detailed specific
 6807  area plan is primarily responsible for monitoring and enforcing
 6808  the detailed specific area plan. Local governments may shall not
 6809  issue any permits or approvals or provide any extensions of
 6810  services to development that are not consistent with the
 6811  detailed specific sector area plan.
 6812         (b) If the state land planning agency has reason to believe
 6813  that a violation of any detailed specific area plan, or of any
 6814  agreement entered into under this section, has occurred or is
 6815  about to occur, it may institute an administrative or judicial
 6816  proceeding to prevent, abate, or control the conditions or
 6817  activity creating the violation, using the procedures in s.
 6818  380.11.
 6819         (c) In instituting an administrative or judicial proceeding
 6820  involving a an optional sector plan or detailed specific area
 6821  plan, including a proceeding pursuant to paragraph (b), the
 6822  complaining party shall comply with the requirements of s.
 6823  163.3215(4), (5), (6), and (7), except as provided by paragraph
 6824  (3)(e).
 6825         (d) The detailed specific area plan shall establish a
 6826  buildout date until which the approved development is not
 6827  subject to downzoning, unit density reduction, or intensity
 6828  reduction, unless the local government can demonstrate that
 6829  implementation of the plan is not continuing in good faith based
 6830  on standards established by plan policy, that substantial
 6831  changes in the conditions underlying the approval of the
 6832  detailed specific area plan have occurred, that the detailed
 6833  specific area plan was based on substantially inaccurate
 6834  information provided by the applicant, or that the change is
 6835  clearly established to be essential to the public health,
 6836  safety, or welfare.
 6837         (6) Concurrent with or subsequent to review and adoption of
 6838  a long-term master plan pursuant to paragraph (3)(a), an
 6839  applicant may apply for master development approval pursuant to
 6840  s. 380.06(21) for the entire planning area in order to establish
 6841  a buildout date until which the approved uses and densities and
 6842  intensities of use of the master plan are not subject to
 6843  downzoning, unit density reduction, or intensity reduction,
 6844  unless the local government can demonstrate that implementation
 6845  of the master plan is not continuing in good faith based on
 6846  standards established by plan policy, that substantial changes
 6847  in the conditions underlying the approval of the master plan
 6848  have occurred, that the master plan was based on substantially
 6849  inaccurate information provided by the applicant, or that change
 6850  is clearly established to be essential to the public health,
 6851  safety, or welfare. Review of the application for master
 6852  development approval shall be at a level of detail appropriate
 6853  for the long-term and conceptual nature of the long-term master
 6854  plan and, to the maximum extent possible, may only consider
 6855  information provided in the application for a long-term master
 6856  plan. Notwithstanding s. 380.06, an increment of development in
 6857  such an approved master development plan must be approved by a
 6858  detailed specific area plan pursuant to paragraph (3)(b) and is
 6859  exempt from review pursuant to s. 380.06.
 6860         (6) Beginning December 1, 1999, and each year thereafter,
 6861  the department shall provide a status report to the Legislative
 6862  Committee on Intergovernmental Relations regarding each optional
 6863  sector plan authorized under this section.
 6864         (7) A developer within an area subject to a long-term
 6865  master plan that meets the requirements of paragraph (3)(a) and
 6866  subsection (6) or a detailed specific area plan that meets the
 6867  requirements of paragraph (3)(b) may enter into a development
 6868  agreement with a local government pursuant to ss. 163.3220
 6869  163.3243. The duration of such a development agreement may be
 6870  through the planning period of the long-term master plan or the
 6871  detailed specific area plan, as the case may be, notwithstanding
 6872  the limit on the duration of a development agreement pursuant to
 6873  s. 163.3229.
 6874         (8) Any owner of property within the planning area of a
 6875  proposed long-term master plan may withdraw his consent to the
 6876  master plan at any time prior to local government adoption, and
 6877  the local government shall exclude such parcels from the adopted
 6878  master plan. Thereafter, the long-term master plan, any detailed
 6879  specific area plan, and the exemption from development-of
 6880  regional-impact review under this section do not apply to the
 6881  subject parcels. After adoption of a long-term master plan, an
 6882  owner may withdraw his or her property from the master plan only
 6883  with the approval of the local government by plan amendment
 6884  adopted and reviewed pursuant to s. 163.3184.
 6885         (9) The adoption of a long-term master plan or a detailed
 6886  specific area plan pursuant to this section does not limit the
 6887  right to continue existing agricultural or silvicultural uses or
 6888  other natural resource-based operations or to establish similar
 6889  new uses that are consistent with the plans approved pursuant to
 6890  this section.
 6891         (10) The state land planning agency may enter into an
 6892  agreement with a local government that, on or before July 1,
 6893  2011, adopted a large-area comprehensive plan amendment
 6894  consisting of at least 15,000 acres that meets the requirements
 6895  for a long-term master plan in paragraph (3)(a), after notice
 6896  and public hearing by the local government, and thereafter,
 6897  notwithstanding s. 380.06, this part, or any planning agreement
 6898  or plan policy, the large-area plan shall be implemented through
 6899  detailed specific area plans that meet the requirements of
 6900  paragraph (3)(b) and shall otherwise be subject to this section.
 6901         (11) Notwithstanding this section, a detailed specific area
 6902  plan to implement a conceptual long-term buildout overlay,
 6903  adopted by a local government and found in compliance before
 6904  July 1, 2011, shall be governed by this section.
 6905         (12) Notwithstanding s. 380.06, this part, or any planning
 6906  agreement or plan policy, a landowner or developer who has
 6907  received approval of a master development-of-regional-impact
 6908  development order pursuant to s. 380.06(21) may apply to
 6909  implement this order by filing one or more applications to
 6910  approve a detailed specific area plan pursuant to paragraph
 6911  (3)(b).
 6912         (13)(7) This section may not be construed to abrogate the
 6913  rights of any person under this chapter.
 6914         Section 29. Subsections (9), (12), and (14) of section
 6915  163.3246, Florida Statutes, are amended to read:
 6916         163.3246 Local government comprehensive planning
 6917  certification program.—
 6918         (9)(a) Upon certification all comprehensive plan amendments
 6919  associated with the area certified must be adopted and reviewed
 6920  in the manner described in s. ss. 163.3184(5)-(11)(1), (2), (7),
 6921  (14), (15), and (16) and 163.3187, such that state and regional
 6922  agency review is eliminated. Plan amendments that qualify as
 6923  small scale development amendments may follow the small scale
 6924  review process in s. 163.3187. The department may not issue any
 6925  objections, recommendations, and comments report on proposed
 6926  plan amendments or a notice of intent on adopted plan
 6927  amendments; however, affected persons, as defined by s.
 6928  163.3184(1)(a), may file a petition for administrative review
 6929  pursuant to the requirements of s. 163.3184(5) 163.3187(3)(a) to
 6930  challenge the compliance of an adopted plan amendment.
 6931         (b) Plan amendments that change the boundaries of the
 6932  certification area; propose a rural land stewardship area
 6933  pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
 6934  sector plan pursuant to s. 163.3245; propose a school facilities
 6935  element; update a comprehensive plan based on an evaluation and
 6936  appraisal review report; impact lands outside the certification
 6937  boundary; implement new statutory requirements that require
 6938  specific comprehensive plan amendments; or increase hurricane
 6939  evacuation times or the need for shelter capacity on lands
 6940  within the coastal high-hazard area shall be reviewed pursuant
 6941  to s. ss. 163.3184 and 163.3187.
 6942         (12) A local government’s certification shall be reviewed
 6943  by the local government and the department as part of the
 6944  evaluation and appraisal process pursuant to s. 163.3191. Within
 6945  1 year after the deadline for the local government to update its
 6946  comprehensive plan based on the evaluation and appraisal report,
 6947  the department shall renew or revoke the certification. The
 6948  local government’s failure to adopt a timely evaluation and
 6949  appraisal report, failure to adopt an evaluation and appraisal
 6950  report found to be sufficient, or failure to timely adopt
 6951  necessary amendments to update its comprehensive plan based on
 6952  an evaluation and appraisal, which are report found to be in
 6953  compliance by the department, shall be cause for revoking the
 6954  certification agreement. The department’s decision to renew or
 6955  revoke shall be considered agency action subject to challenge
 6956  under s. 120.569.
 6957         (14) The Office of Program Policy Analysis and Government
 6958  Accountability shall prepare a report evaluating the
 6959  certification program, which shall be submitted to the Governor,
 6960  the President of the Senate, and the Speaker of the House of
 6961  Representatives by December 1, 2007.
 6962         Section 30. Section 163.32465, Florida Statutes, is
 6963  repealed.
 6964         Section 31. Subsection (6) is added to section 163.3247,
 6965  Florida Statutes, to read:
 6966         163.3247 Century Commission for a Sustainable Florida.—
 6967         (6) EXPIRATION.-This section is repealed and the commission
 6968  is abolished June 30, 2013.
 6969         Section 32. Section 163.3248, Florida Statutes, is created
 6970  to read:
 6971         163.3248 Rural land stewardship areas.—
 6972         (1) Rural land stewardship areas are designed to establish
 6973  a long-term incentive based strategy to balance and guide the
 6974  allocation of land so as to accommodate future land uses in a
 6975  manner that protects the natural environment, stimulate economic
 6976  growth and diversification, and encourage the retention of land
 6977  for agriculture and other traditional rural land uses.
 6978         (2) Upon written request by one or more landowners of the
 6979  subject lands to designate lands as a rural land stewardship
 6980  area, or pursuant to a private-sector-initiated comprehensive
 6981  plan amendment filed by, or with the consent of the owners of
 6982  the subject lands, local governments may adopt a future land use
 6983  overlay to designate all or portions of lands classified in the
 6984  future land use element as predominantly agricultural, rural,
 6985  open, open-rural, or a substantively equivalent land use, as a
 6986  rural land stewardship area within which planning and economic
 6987  incentives are applied to encourage the implementation of
 6988  innovative and flexible planning and development strategies and
 6989  creative land use planning techniques to support a diverse
 6990  economic and employment base. The future land use overlay may
 6991  not require a demonstration of need based on population
 6992  projections or any other factors.
 6993         (3) Rural land stewardship areas may be used to further the
 6994  following broad principles of rural sustainability: restoration
 6995  and maintenance of the economic value of rural land; control of
 6996  urban sprawl; identification and protection of ecosystems,
 6997  habitats, and natural resources; promotion and diversification
 6998  of economic activity and employment opportunities within the
 6999  rural areas; maintenance of the viability of the state’s
 7000  agricultural economy; and protection of private property rights
 7001  in rural areas of the state. Rural land stewardship areas may be
 7002  multicounty in order to encourage coordinated regional
 7003  stewardship planning.
 7004         (4) A local government or one or more property owners may
 7005  request assistance and participation in the development of a
 7006  plan for the rural land stewardship area from the state land
 7007  planning agency, the Department of Agriculture and Consumer
 7008  Services, the Fish and Wildlife Conservation Commission, the
 7009  Department of Environmental Protection, the appropriate water
 7010  management district, the Department of Transportation, the
 7011  regional planning council, private land owners, and
 7012  stakeholders.
 7013         (5) A rural land stewardship area shall be not less than
 7014  10,000 acres, shall be located outside of municipalities and
 7015  established urban service areas, and shall be designated by plan
 7016  amendment by each local government with jurisdiction over the
 7017  rural land stewardship area. The plan amendment or amendments
 7018  designating a rural land stewardship area are subject to review
 7019  pursuant to s. 163.3184 and shall provide for the following:
 7020         (a) Criteria for the designation of receiving areas which
 7021  shall, at a minimum, provide for the following: adequacy of
 7022  suitable land to accommodate development so as to avoid conflict
 7023  with significant environmentally sensitive areas, resources, and
 7024  habitats; compatibility between and transition from higher
 7025  density uses to lower intensity rural uses; and the
 7026  establishment of receiving area service boundaries that provide
 7027  for a transition from receiving areas and other land uses within
 7028  the rural land stewardship area through limitations on the
 7029  extension of services.
 7030         (b) Innovative planning and development strategies to be
 7031  applied within rural land stewardship areas pursuant to this
 7032  section.
 7033         (c) A process for the implementation of innovative planning
 7034  and development strategies within the rural land stewardship
 7035  area, including those described in this subsection, which
 7036  provide for a functional mix of land uses through the adoption
 7037  by the local government of zoning and land development
 7038  regulations applicable to the rural land stewardship area.
 7039         (d) A mix of densities and intensities that would not be
 7040  characterized as urban sprawl through the use of innovative
 7041  strategies and creative land use techniques.
 7042         (6) A receiving area may be designated only pursuant to
 7043  procedures established in the local government’s land
 7044  development regulations. If receiving area designation requires
 7045  the approval of the county board of county commissioners, such
 7046  approval shall be by resolution with a simple majority vote.
 7047  Before the commencement of development within a stewardship
 7048  receiving area, a listed species survey must be performed for
 7049  the area proposed for development. If listed species occur on
 7050  the receiving area development site, the applicant must
 7051  coordinate with each appropriate local, state, or federal agency
 7052  to determine if adequate provisions have been made to protect
 7053  those species in accordance with applicable regulations. In
 7054  determining the adequacy of provisions for the protection of
 7055  listed species and their habitats, the rural land stewardship
 7056  area shall be considered as a whole, and the potential impacts
 7057  and protective measures taken within areas to be developed as
 7058  receiving areas shall be considered in conjunction with and
 7059  compensated by lands set aside and protective measures taken
 7060  within the designated sending areas.
 7061         (7) Upon the adoption of a plan amendment creating a rural
 7062  land stewardship area, the local government shall, by ordinance,
 7063  establish a rural land stewardship overlay zoning district,
 7064  which shall provide the methodology for the creation,
 7065  conveyance, and use of transferable rural land use credits,
 7066  hereinafter referred to as stewardship credits, the assignment
 7067  and application of which does not constitute a right to develop
 7068  land or increase the density of land, except as provided by this
 7069  section. The total amount of stewardship credits within the
 7070  rural land stewardship area must enable the realization of the
 7071  long-term vision and goals for the rural land stewardship area,
 7072  which may take into consideration the anticipated effect of the
 7073  proposed receiving areas. The estimated amount of receiving area
 7074  shall be projected based on available data, and the development
 7075  potential represented by the stewardship credits created within
 7076  the rural land stewardship area must correlate to that amount.
 7077         (8) Stewardship credits are subject to the following
 7078  limitations:
 7079         (a) Stewardship credits may exist only within a rural land
 7080  stewardship area.
 7081         (b) Stewardship credits may be created only from lands
 7082  designated as stewardship sending areas and may be used only on
 7083  lands designated as stewardship receiving areas and then solely
 7084  for the purpose of implementing innovative planning and
 7085  development strategies and creative land use planning techniques
 7086  adopted by the local government pursuant to this section.
 7087         (c) Stewardship credits assigned to a parcel of land within
 7088  a rural land stewardship area shall cease to exist if the parcel
 7089  of land is removed from the rural land stewardship area by plan
 7090  amendment.
 7091         (d) Neither the creation of the rural land stewardship area
 7092  by plan amendment nor the adoption of the rural land stewardship
 7093  zoning overlay district by the local government may displace the
 7094  underlying permitted uses or the density or intensity of land
 7095  uses assigned to a parcel of land within the rural land
 7096  stewardship area that existed before adoption of the plan
 7097  amendment or zoning overlay district; however, once stewardship
 7098  credits have been transferred from a designated sending area for
 7099  use within a designated receiving area, the underlying density
 7100  assigned to the designated sending area ceases to exist.
 7101         (e) The underlying permitted uses, density, or intensity on
 7102  each parcel of land located within a rural land stewardship area
 7103  may not be increased or decreased by the local government,
 7104  except as a result of the conveyance or stewardship credits, as
 7105  long as the parcel remains within the rural land stewardship
 7106  area.
 7107         (f) Stewardship credits shall cease to exist on a parcel of
 7108  land where the underlying density assigned to the parcel of land
 7109  is used.
 7110         (g) An increase in the density or intensity of use on a
 7111  parcel of land located within a designated receiving area may
 7112  occur only through the assignment or use of stewardship credits
 7113  and do not require a plan amendment. A change in the type of
 7114  agricultural use on property within a rural land stewardship
 7115  area is not considered a change in use or intensity of use and
 7116  does not require any transfer of stewardship credits.
 7117         (h) A change in the density or intensity of land use on
 7118  parcels located within receiving areas shall be specified in a
 7119  development order that reflects the total number of stewardship
 7120  credits assigned to the parcel of land and the infrastructure
 7121  and support services necessary to provide for a functional mix
 7122  of land uses corresponding to the plan of development.
 7123         (i) Land within a rural land stewardship area may be
 7124  removed from the rural land stewardship area through a plan
 7125  amendment.
 7126         (j) Stewardship credits may be assigned at different ratios
 7127  of credits per acre according to the natural resource or other
 7128  beneficial use characteristics of the land and according to the
 7129  land use remaining after the transfer of credits, with the
 7130  highest number of credits per acre assigned to the most
 7131  environmentally valuable land or, in locations where the
 7132  retention of open space and agricultural land is a priority, to
 7133  such lands.
 7134         (k) Stewardship credits may be transferred from a sending
 7135  area only after a stewardship easement is placed on the sending
 7136  area land with assigned stewardship credits. A stewardship
 7137  easement is a covenant or restrictive easement running with the
 7138  land which specifies the allowable uses and development
 7139  restrictions for the portion of a sending area from which
 7140  stewardship credits have been transferred. The stewardship
 7141  easement must be jointly held by the county and the Department
 7142  of Environmental Protection, the Department of Agriculture and
 7143  Consumer Services, a water management district, or a recognized
 7144  statewide land trust.
 7145         (9) Owners of land within rural land stewardship sending
 7146  areas should be provided other incentives, in addition to the
 7147  use or conveyance of stewardship credits, to enter into rural
 7148  land stewardship agreements, pursuant to existing law and rules
 7149  adopted thereto, with state agencies, water management
 7150  districts, the Fish and Wildlife Conservation Commission, and
 7151  local governments to achieve mutually agreed upon objectives.
 7152  Such incentives may include, but are not limited to, the
 7153  following:
 7154         (a) Opportunity to accumulate transferable wetland and
 7155  species habitat mitigation credits for use or sale.
 7156         (b) Extended permit agreements.
 7157         (c) Opportunities for recreational leases and ecotourism.
 7158         (d) Compensation for the achievement of specified land
 7159  management activities of public benefit, including, but not
 7160  limited to, facility siting and corridors, recreational leases,
 7161  water conservation and storage, water reuse, wastewater
 7162  recycling, water supply and water resource development, nutrient
 7163  reduction, environmental restoration and mitigation, public
 7164  recreation, listed species protection and recovery, and wildlife
 7165  corridor management and enhancement.
 7166         (e) Option agreements for sale to public entities or
 7167  private land conservation entities, in either fee or easement,
 7168  upon achievement of specified conservation objectives.
 7169         (10) This section constitutes an overlay of land use
 7170  options that provide economic and regulatory incentives for
 7171  landowners outside of established and planned urban service
 7172  areas to conserve and manage vast areas of land for the benefit
 7173  of the state’s citizens and natural environment while
 7174  maintaining and enhancing the asset value of their landholdings.
 7175  It is the intent of the Legislature that this section be
 7176  implemented pursuant to law and rulemaking is not authorized.
 7177         (11) It is the intent of the Legislature that the rural
 7178  land stewardship area located in Collier County, which was
 7179  established pursuant to the requirements of a final order by the
 7180  Governor and Cabinet, duly adopted as a growth management plan
 7181  amendment by Collier County, and found in compliance with this
 7182  chapter, be recognized as a statutory rural land stewardship
 7183  area and be afforded the incentives in this section.
 7184         Section 33. Paragraph (a) of subsection (2) of section
 7185  163.360, Florida Statutes, is amended to read:
 7186         163.360 Community redevelopment plans.—
 7187         (2) The community redevelopment plan shall:
 7188         (a) Conform to the comprehensive plan for the county or
 7189  municipality as prepared by the local planning agency under the
 7190  Community Local Government Comprehensive Planning and Land
 7191  Development Regulation Act.
 7192         Section 34. Paragraph (a) of subsection (3) and subsection
 7193  (8) of section 163.516, Florida Statutes, are amended to read:
 7194         163.516 Safe neighborhood improvement plans.—
 7195         (3) The safe neighborhood improvement plan shall:
 7196         (a) Be consistent with the adopted comprehensive plan for
 7197  the county or municipality pursuant to the Community Local
 7198  Government Comprehensive Planning and Land Development
 7199  Regulation Act. No district plan shall be implemented unless the
 7200  local governing body has determined said plan is consistent.
 7201         (8) Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
 7202  the governing body of a municipality or county shall hold two
 7203  public hearings to consider the board-adopted safe neighborhood
 7204  improvement plan as an amendment or modification to the
 7205  municipality’s or county’s adopted local comprehensive plan.
 7206         Section 35. Paragraph (f) of subsection (6), subsection
 7207  (9), and paragraph (c) of subsection (11) of section 171.203,
 7208  Florida Statutes, are amended to read:
 7209         171.203 Interlocal service boundary agreement.—The
 7210  governing body of a county and one or more municipalities or
 7211  independent special districts within the county may enter into
 7212  an interlocal service boundary agreement under this part. The
 7213  governing bodies of a county, a municipality, or an independent
 7214  special district may develop a process for reaching an
 7215  interlocal service boundary agreement which provides for public
 7216  participation in a manner that meets or exceeds the requirements
 7217  of subsection (13), or the governing bodies may use the process
 7218  established in this section.
 7219         (6) An interlocal service boundary agreement may address
 7220  any issue concerning service delivery, fiscal responsibilities,
 7221  or boundary adjustment. The agreement may include, but need not
 7222  be limited to, provisions that:
 7223         (f) Establish a process for land use decisions consistent
 7224  with part II of chapter 163, including those made jointly by the
 7225  governing bodies of the county and the municipality, or allow a
 7226  municipality to adopt land use changes consistent with part II
 7227  of chapter 163 for areas that are scheduled to be annexed within
 7228  the term of the interlocal agreement; however, the county
 7229  comprehensive plan and land development regulations shall
 7230  control until the municipality annexes the property and amends
 7231  its comprehensive plan accordingly. Comprehensive plan
 7232  amendments to incorporate the process established by this
 7233  paragraph are exempt from the twice-per-year limitation under s.
 7234  163.3187.
 7235         (9) Each local government that is a party to the interlocal
 7236  service boundary agreement shall amend the intergovernmental
 7237  coordination element of its comprehensive plan, as described in
 7238  s. 163.3177(6)(h)1., no later than 6 months following entry of
 7239  the interlocal service boundary agreement consistent with s.
 7240  163.3177(6)(h)1. Plan amendments required by this subsection are
 7241  exempt from the twice-per-year limitation under s. 163.3187.
 7242         (11)
 7243         (c) Any amendment required by paragraph (a) is exempt from
 7244  the twice-per-year limitation under s. 163.3187.
 7245         Section 36. Section 186.513, Florida Statutes, is amended
 7246  to read:
 7247         186.513 Reports.—Each regional planning council shall
 7248  prepare and furnish an annual report on its activities to the
 7249  state land planning agency as defined in s. 163.3164(20) and the
 7250  local general-purpose governments within its boundaries and,
 7251  upon payment as may be established by the council, to any
 7252  interested person. The regional planning councils shall make a
 7253  joint report and recommendations to appropriate legislative
 7254  committees.
 7255         Section 37. Section 186.515, Florida Statutes, is amended
 7256  to read:
 7257         186.515 Creation of regional planning councils under
 7258  chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and
 7259  186.515 is intended to repeal or limit the provisions of chapter
 7260  163; however, the local general-purpose governments serving as
 7261  voting members of the governing body of a regional planning
 7262  council created pursuant to ss. 186.501-186.507, 186.513, and
 7263  186.515 are not authorized to create a regional planning council
 7264  pursuant to chapter 163 unless an agency, other than a regional
 7265  planning council created pursuant to ss. 186.501-186.507,
 7266  186.513, and 186.515, is designated to exercise the powers and
 7267  duties in any one or more of ss. 163.3164(19) and 380.031(15);
 7268  in which case, such a regional planning council is also without
 7269  authority to exercise the powers and duties in s. 163.3164(19)
 7270  or s. 380.031(15).
 7271         Section 38. Subsection (1) of section 189.415, Florida
 7272  Statutes, is amended to read:
 7273         189.415 Special district public facilities report.—
 7274         (1) It is declared to be the policy of this state to foster
 7275  coordination between special districts and local general-purpose
 7276  governments as those local general-purpose governments develop
 7277  comprehensive plans under the Community Local Government
 7278  Comprehensive Planning and Land Development Regulation Act,
 7279  pursuant to part II of chapter 163.
 7280         Section 39. Subsection (3) of section 190.004, Florida
 7281  Statutes, is amended to read:
 7282         190.004 Preemption; sole authority.—
 7283         (3) The establishment of an independent community
 7284  development district as provided in this act is not a
 7285  development order within the meaning of chapter 380. All
 7286  governmental planning, environmental, and land development laws,
 7287  regulations, and ordinances apply to all development of the land
 7288  within a community development district. Community development
 7289  districts do not have the power of a local government to adopt a
 7290  comprehensive plan, building code, or land development code, as
 7291  those terms are defined in the Community Local Government
 7292  Comprehensive Planning and Land Development Regulation Act. A
 7293  district shall take no action which is inconsistent with
 7294  applicable comprehensive plans, ordinances, or regulations of
 7295  the applicable local general-purpose government.
 7296         Section 40. Paragraph (a) of subsection (1) of section
 7297  190.005, Florida Statutes, is amended to read:
 7298         190.005 Establishment of district.—
 7299         (1) The exclusive and uniform method for the establishment
 7300  of a community development district with a size of 1,000 acres
 7301  or more shall be pursuant to a rule, adopted under chapter 120
 7302  by the Florida Land and Water Adjudicatory Commission, granting
 7303  a petition for the establishment of a community development
 7304  district.
 7305         (a) A petition for the establishment of a community
 7306  development district shall be filed by the petitioner with the
 7307  Florida Land and Water Adjudicatory Commission. The petition
 7308  shall contain:
 7309         1. A metes and bounds description of the external
 7310  boundaries of the district. Any real property within the
 7311  external boundaries of the district which is to be excluded from
 7312  the district shall be specifically described, and the last known
 7313  address of all owners of such real property shall be listed. The
 7314  petition shall also address the impact of the proposed district
 7315  on any real property within the external boundaries of the
 7316  district which is to be excluded from the district.
 7317         2. The written consent to the establishment of the district
 7318  by all landowners whose real property is to be included in the
 7319  district or documentation demonstrating that the petitioner has
 7320  control by deed, trust agreement, contract, or option of 100
 7321  percent of the real property to be included in the district, and
 7322  when real property to be included in the district is owned by a
 7323  governmental entity and subject to a ground lease as described
 7324  in s. 190.003(14), the written consent by such governmental
 7325  entity.
 7326         3. A designation of five persons to be the initial members
 7327  of the board of supervisors, who shall serve in that office
 7328  until replaced by elected members as provided in s. 190.006.
 7329         4. The proposed name of the district.
 7330         5. A map of the proposed district showing current major
 7331  trunk water mains and sewer interceptors and outfalls if in
 7332  existence.
 7333         6. Based upon available data, the proposed timetable for
 7334  construction of the district services and the estimated cost of
 7335  constructing the proposed services. These estimates shall be
 7336  submitted in good faith but are shall not be binding and may be
 7337  subject to change.
 7338         7. A designation of the future general distribution,
 7339  location, and extent of public and private uses of land proposed
 7340  for the area within the district by the future land use plan
 7341  element of the effective local government comprehensive plan of
 7342  which all mandatory elements have been adopted by the applicable
 7343  general-purpose local government in compliance with the
 7344  Community Local Government Comprehensive Planning and Land
 7345  Development Regulation Act.
 7346         8. A statement of estimated regulatory costs in accordance
 7347  with the requirements of s. 120.541.
 7348         Section 41. Paragraph (i) of subsection (6) of section
 7349  193.501, Florida Statutes, is amended to read:
 7350         193.501 Assessment of lands subject to a conservation
 7351  easement, environmentally endangered lands, or lands used for
 7352  outdoor recreational or park purposes when land development
 7353  rights have been conveyed or conservation restrictions have been
 7354  covenanted.—
 7355         (6) The following terms whenever used as referred to in
 7356  this section have the following meanings unless a different
 7357  meaning is clearly indicated by the context:
 7358         (i) “Qualified as environmentally endangered” means land
 7359  that has unique ecological characteristics, rare or limited
 7360  combinations of geological formations, or features of a rare or
 7361  limited nature constituting habitat suitable for fish, plants,
 7362  or wildlife, and which, if subject to a development moratorium
 7363  or one or more conservation easements or development
 7364  restrictions appropriate to retaining such land or water areas
 7365  predominantly in their natural state, would be consistent with
 7366  the conservation, recreation and open space, and, if applicable,
 7367  coastal protection elements of the comprehensive plan adopted by
 7368  formal action of the local governing body pursuant to s.
 7369  163.3161, the Community Local Government Comprehensive Planning
 7370  and Land Development Regulation Act; or surface waters and
 7371  wetlands, as determined by the methodology ratified in s.
 7372  373.4211.
 7373         Section 42. Subsection (15) of section 287.042, Florida
 7374  Statutes, is amended to read:
 7375         287.042 Powers, duties, and functions.—The department shall
 7376  have the following powers, duties, and functions:
 7377         (15) To enter into joint agreements with governmental
 7378  agencies, as defined in s. 163.3164(10), for the purpose of
 7379  pooling funds for the purchase of commodities or information
 7380  technology that can be used by multiple agencies.
 7381         (a) Each agency that has been appropriated or has existing
 7382  funds for such purchase, shall, upon contract award by the
 7383  department, transfer their portion of the funds into the
 7384  department’s Operating Trust Fund for payment by the department.
 7385  The funds shall be transferred by the Executive Office of the
 7386  Governor pursuant to the agency budget amendment request
 7387  provisions in chapter 216.
 7388         (b) Agencies that sign the joint agreements are financially
 7389  obligated for their portion of the agreed-upon funds. If an
 7390  agency becomes more than 90 days delinquent in paying the funds,
 7391  the department shall certify to the Chief Financial Officer the
 7392  amount due, and the Chief Financial Officer shall transfer the
 7393  amount due to the Operating Trust Fund of the department from
 7394  any of the agency’s available funds. The Chief Financial Officer
 7395  shall report these transfers and the reasons for the transfers
 7396  to the Executive Office of the Governor and the legislative
 7397  appropriations committees.
 7398         Section 43. Subsection (4) of section 288.063, Florida
 7399  Statutes, is amended to read:
 7400         288.063 Contracts for transportation projects.—
 7401         (4) The Office of Tourism, Trade, and Economic Development
 7402  may adopt criteria by which transportation projects are to be
 7403  reviewed and certified in accordance with s. 288.061. In
 7404  approving transportation projects for funding, the Office of
 7405  Tourism, Trade, and Economic Development shall consider factors
 7406  including, but not limited to, the cost per job created or
 7407  retained considering the amount of transportation funds
 7408  requested; the average hourly rate of wages for jobs created;
 7409  the reliance on the program as an inducement for the project’s
 7410  location decision; the amount of capital investment to be made
 7411  by the business; the demonstrated local commitment; the location
 7412  of the project in an enterprise zone designated pursuant to s.
 7413  290.0055; the location of the project in a spaceport territory
 7414  as defined in s. 331.304; the unemployment rate of the
 7415  surrounding area; and the poverty rate of the community; and the
 7416  adoption of an economic element as part of its local
 7417  comprehensive plan in accordance with s. 163.3177(7)(j). The
 7418  Office of Tourism, Trade, and Economic Development may contact
 7419  any agency it deems appropriate for additional input regarding
 7420  the approval of projects.
 7421         Section 44. Paragraph (a) of subsection (2), subsection
 7422  (10), and paragraph (d) of subsection (12) of section 288.975,
 7423  Florida Statutes, are amended to read:
 7424         288.975 Military base reuse plans.—
 7425         (2) As used in this section, the term:
 7426         (a) “Affected local government” means a local government
 7427  adjoining the host local government and any other unit of local
 7428  government that is not a host local government but that is
 7429  identified in a proposed military base reuse plan as providing,
 7430  operating, or maintaining one or more public facilities as
 7431  defined in s. 163.3164(24) on lands within or serving a military
 7432  base designated for closure by the Federal Government.
 7433         (10) Within 60 days after receipt of a proposed military
 7434  base reuse plan, these entities shall review and provide
 7435  comments to the host local government. The commencement of this
 7436  review period shall be advertised in newspapers of general
 7437  circulation within the host local government and any affected
 7438  local government to allow for public comment. No later than 180
 7439  days after receipt and consideration of all comments, and the
 7440  holding of at least two public hearings, the host local
 7441  government shall adopt the military base reuse plan. The host
 7442  local government shall comply with the notice requirements set
 7443  forth in s. 163.3184(11)(15) to ensure full public participation
 7444  in this planning process.
 7445         (12) Following receipt of a petition, the petitioning party
 7446  or parties and the host local government shall seek resolution
 7447  of the issues in dispute. The issues in dispute shall be
 7448  resolved as follows:
 7449         (d) Within 45 days after receiving the report from the
 7450  state land planning agency, the Administration Commission shall
 7451  take action to resolve the issues in dispute. In deciding upon a
 7452  proper resolution, the Administration Commission shall consider
 7453  the nature of the issues in dispute, any requests for a formal
 7454  administrative hearing pursuant to chapter 120, the compliance
 7455  of the parties with this section, the extent of the conflict
 7456  between the parties, the comparative hardships and the public
 7457  interest involved. If the Administration Commission incorporates
 7458  in its final order a term or condition that requires any local
 7459  government to amend its local government comprehensive plan, the
 7460  local government shall amend its plan within 60 days after the
 7461  issuance of the order. Such amendment or amendments shall be
 7462  exempt from the limitation of the frequency of plan amendments
 7463  contained in s. 163.3187(1), and A public hearing on such
 7464  amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
 7465  shall not be required. The final order of the Administration
 7466  Commission is subject to appeal pursuant to s. 120.68. If the
 7467  order of the Administration Commission is appealed, the time for
 7468  the local government to amend its plan shall be tolled during
 7469  the pendency of any local, state, or federal administrative or
 7470  judicial proceeding relating to the military base reuse plan.
 7471         Section 45. Subsection (4) of section 290.0475, Florida
 7472  Statutes, is amended to read:
 7473         290.0475 Rejection of grant applications; penalties for
 7474  failure to meet application conditions.—Applications received
 7475  for funding under all program categories shall be rejected
 7476  without scoring only in the event that any of the following
 7477  circumstances arise:
 7478         (4) The application is not consistent with the local
 7479  government’s comprehensive plan adopted pursuant to s.
 7480  163.3184(7).
 7481         Section 46. Paragraph (c) of subsection (3) of section
 7482  311.07, Florida Statutes, is amended to read:
 7483         311.07 Florida seaport transportation and economic
 7484  development funding.—
 7485         (3)
 7486         (c) To be eligible for consideration by the council
 7487  pursuant to this section, a project must be consistent with the
 7488  port comprehensive master plan which is incorporated as part of
 7489  the approved local government comprehensive plan as required by
 7490  s. 163.3178(2)(k) or other provisions of the Community Local
 7491  Government Comprehensive Planning and Land Development
 7492  Regulation Act, part II of chapter 163.
 7493         Section 47. Subsection (1) of section 331.319, Florida
 7494  Statutes, is amended to read:
 7495         331.319 Comprehensive planning; building and safety codes.
 7496  The board of directors may:
 7497         (1) Adopt, and from time to time review, amend, supplement,
 7498  or repeal, a comprehensive general plan for the physical
 7499  development of the area within the spaceport territory in
 7500  accordance with the objectives and purposes of this act and
 7501  consistent with the comprehensive plans of the applicable county
 7502  or counties and municipality or municipalities adopted pursuant
 7503  to the Community Local Government Comprehensive Planning and
 7504  Land Development Regulation Act, part II of chapter 163.
 7505         Section 48. Paragraph (e) of subsection (5) of section
 7506  339.155, Florida Statutes, is amended to read:
 7507         339.155 Transportation planning.—
 7508         (5) ADDITIONAL TRANSPORTATION PLANS.—
 7509         (e) The regional transportation plan developed pursuant to
 7510  this section must, at a minimum, identify regionally significant
 7511  transportation facilities located within a regional
 7512  transportation area and contain a prioritized list of regionally
 7513  significant projects. The level-of-service standards for
 7514  facilities to be funded under this subsection shall be adopted
 7515  by the appropriate local government in accordance with s.
 7516  163.3180(10). The projects shall be adopted into the capital
 7517  improvements schedule of the local government comprehensive plan
 7518  pursuant to s. 163.3177(3).
 7519         Section 49. Paragraph (a) of subsection (4) of section
 7520  339.2819, Florida Statutes, is amended to read:
 7521         339.2819 Transportation Regional Incentive Program.—
 7522         (4)(a) Projects to be funded with Transportation Regional
 7523  Incentive Program funds shall, at a minimum:
 7524         1. Support those transportation facilities that serve
 7525  national, statewide, or regional functions and function as an
 7526  integrated regional transportation system.
 7527         2. Be identified in the capital improvements element of a
 7528  comprehensive plan that has been determined to be in compliance
 7529  with part II of chapter 163, after July 1, 2005, or to implement
 7530  a long-term concurrency management system adopted by a local
 7531  government in accordance with s. 163.3180(9). Further, the
 7532  project shall be in compliance with local government
 7533  comprehensive plan policies relative to corridor management.
 7534         3. Be consistent with the Strategic Intermodal System Plan
 7535  developed under s. 339.64.
 7536         4. Have a commitment for local, regional, or private
 7537  financial matching funds as a percentage of the overall project
 7538  cost.
 7539         Section 50. Subsection (5) of section 369.303, Florida
 7540  Statutes, is amended to read:
 7541         369.303 Definitions.—As used in this part:
 7542         (5) “Land development regulation” means a regulation
 7543  covered by the definition in s. 163.3164(23) and any of the
 7544  types of regulations described in s. 163.3202.
 7545         Section 51. Subsections (5) and (7) of section 369.321,
 7546  Florida Statutes, are amended to read:
 7547         369.321 Comprehensive plan amendments.—Except as otherwise
 7548  expressly provided, by January 1, 2006, each local government
 7549  within the Wekiva Study Area shall amend its local government
 7550  comprehensive plan to include the following:
 7551         (5) Comprehensive plans and comprehensive plan amendments
 7552  adopted by the local governments to implement this section shall
 7553  be reviewed by the Department of Community Affairs pursuant to
 7554  s. 163.3184, and shall be exempt from the provisions of s.
 7555  163.3187(1).
 7556         (7) During the period prior to the adoption of the
 7557  comprehensive plan amendments required by this act, any local
 7558  comprehensive plan amendment adopted by a city or county that
 7559  applies to land located within the Wekiva Study Area shall
 7560  protect surface and groundwater resources and be reviewed by the
 7561  Department of Community Affairs, pursuant to chapter 163 and
 7562  chapter 9J-5, Florida Administrative Code, using best available
 7563  data, including the information presented to the Wekiva River
 7564  Basin Coordinating Committee.
 7565         Section 52. Subsection (1) of section 378.021, Florida
 7566  Statutes, is amended to read:
 7567         378.021 Master reclamation plan.—
 7568         (1) The Department of Environmental Protection shall amend
 7569  the master reclamation plan that provides guidelines for the
 7570  reclamation of lands mined or disturbed by the severance of
 7571  phosphate rock prior to July 1, 1975, which lands are not
 7572  subject to mandatory reclamation under part II of chapter 211.
 7573  In amending the master reclamation plan, the Department of
 7574  Environmental Protection shall continue to conduct an onsite
 7575  evaluation of all lands mined or disturbed by the severance of
 7576  phosphate rock prior to July 1, 1975, which lands are not
 7577  subject to mandatory reclamation under part II of chapter 211.
 7578  The master reclamation plan when amended by the Department of
 7579  Environmental Protection shall be consistent with local
 7580  government plans prepared pursuant to the Community Local
 7581  Government Comprehensive Planning and Land Development
 7582  Regulation Act.
 7583         Section 53. Subsection (10) of section 380.031, Florida
 7584  Statutes, is amended to read:
 7585         380.031 Definitions.—As used in this chapter:
 7586         (10) “Local comprehensive plan” means any or all local
 7587  comprehensive plans or elements or portions thereof prepared,
 7588  adopted, or amended pursuant to the Community Local Government
 7589  Comprehensive Planning and Land Development Regulation Act, as
 7590  amended.
 7591         Section 54. Paragraph (d) of subsection (2), paragraph (b)
 7592  of subsection (6), paragraphs (c), (e), and (f) of subsection
 7593  (19), subsection (24), paragraph (e) of subsection (28), and
 7594  paragraphs (a), (d), and (e) of subsection (29) of section
 7595  380.06, Florida Statutes, are amended, and subsection (30) is
 7596  added to that section, to read:
 7597         380.06 Developments of regional impact.—
 7598         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 7599         (d) The guidelines and standards shall be applied as
 7600  follows:
 7601         1. Fixed thresholds.—
 7602         a. A development that is below 100 percent of all numerical
 7603  thresholds in the guidelines and standards shall not be required
 7604  to undergo development-of-regional-impact review.
 7605         b. A development that is at or above 120 percent of any
 7606  numerical threshold shall be required to undergo development-of
 7607  regional-impact review.
 7608         c. Projects certified under s. 403.973 which create at
 7609  least 100 jobs and meet the criteria of the Office of Tourism,
 7610  Trade, and Economic Development as to their impact on an area’s
 7611  economy, employment, and prevailing wage and skill levels that
 7612  are at or below 100 percent of the numerical thresholds for
 7613  industrial plants, industrial parks, distribution, warehousing
 7614  or wholesaling facilities, office development or multiuse
 7615  projects other than residential, as described in s.
 7616  380.0651(3)(c), (d), and (f)(h), are not required to undergo
 7617  development-of-regional-impact review.
 7618         2. Rebuttable presumption.—It shall be presumed that a
 7619  development that is at 100 percent or between 100 and 120
 7620  percent of a numerical threshold shall be required to undergo
 7621  development-of-regional-impact review.
 7622         Section 55. Paragraph (b) of subsection (6), paragraph (g)
 7623  of subsection (15), paragraphs (b), (c), and (e) of subsection
 7624  (19), subsection (24), paragraph (e) of subsection (28), and
 7625  paragraphs (a), (d), and (e) of subsection (29) of section
 7626  380.06, Florida Statutes, are amended, and subsection (30) is
 7627  added to that section, to read:
 7628         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
 7629  PLAN AMENDMENTS.—
 7630         (b) Any local government comprehensive plan amendments
 7631  related to a proposed development of regional impact, including
 7632  any changes proposed under subsection (19), may be initiated by
 7633  a local planning agency or the developer and must be considered
 7634  by the local governing body at the same time as the application
 7635  for development approval using the procedures provided for local
 7636  plan amendment in s. 163.3187 or s. 163.3189 and applicable
 7637  local ordinances, without regard to statutory or local ordinance
 7638  limits on the frequency of consideration of amendments to the
 7639  local comprehensive plan. Nothing in This paragraph does not
 7640  shall be deemed to require favorable consideration of a plan
 7641  amendment solely because it is related to a development of
 7642  regional impact. The procedure for processing such comprehensive
 7643  plan amendments is as follows:
 7644         1. If a developer seeks a comprehensive plan amendment
 7645  related to a development of regional impact, the developer must
 7646  so notify in writing the regional planning agency, the
 7647  applicable local government, and the state land planning agency
 7648  no later than the date of preapplication conference or the
 7649  submission of the proposed change under subsection (19).
 7650         2. When filing the application for development approval or
 7651  the proposed change, the developer must include a written
 7652  request for comprehensive plan amendments that would be
 7653  necessitated by the development-of-regional-impact approvals
 7654  sought. That request must include data and analysis upon which
 7655  the applicable local government can determine whether to
 7656  transmit the comprehensive plan amendment pursuant to s.
 7657  163.3184.
 7658         3. The local government must advertise a public hearing on
 7659  the transmittal within 30 days after filing the application for
 7660  development approval or the proposed change and must make a
 7661  determination on the transmittal within 60 days after the
 7662  initial filing unless that time is extended by the developer.
 7663         4. If the local government approves the transmittal,
 7664  procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
 7665  followed.
 7666         5. Notwithstanding subsection (11) or subsection (19), the
 7667  local government may not hold a public hearing on the
 7668  application for development approval or the proposed change or
 7669  on the comprehensive plan amendments sooner than 30 days from
 7670  receipt of the response from the state land planning agency
 7671  pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
 7672  local governments to adopt, adopt with changes, or not adopt
 7673  plan amendments pursuant to s. 163.3184(7) shall not apply to
 7674  concurrent plan amendments provided for in this subsection.
 7675         6. The local government must hear both the application for
 7676  development approval or the proposed change and the
 7677  comprehensive plan amendments at the same hearing. However, the
 7678  local government must take action separately on the application
 7679  for development approval or the proposed change and on the
 7680  comprehensive plan amendments.
 7681         7. Thereafter, the appeal process for the local government
 7682  development order must follow the provisions of s. 380.07, and
 7683  the compliance process for the comprehensive plan amendments
 7684  must follow the provisions of s. 163.3184.
 7685         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
 7686         (g) A local government shall not issue permits for
 7687  development subsequent to the buildout date contained in the
 7688  development order unless:
 7689         1. The proposed development has been evaluated cumulatively
 7690  with existing development under the substantial deviation
 7691  provisions of subsection (19) subsequent to the termination or
 7692  expiration date;
 7693         2. The proposed development is consistent with an
 7694  abandonment of development order that has been issued in
 7695  accordance with the provisions of subsection (26);
 7696         3. The development of regional impact is essentially built
 7697  out, in that all the mitigation requirements in the development
 7698  order have been satisfied, all developers are in compliance with
 7699  all applicable terms and conditions of the development order
 7700  except the buildout date, and the amount of proposed development
 7701  that remains to be built is less than 40 20 percent of any
 7702  applicable development-of-regional-impact threshold; or
 7703         4. The project has been determined to be an essentially
 7704  built-out development of regional impact through an agreement
 7705  executed by the developer, the state land planning agency, and
 7706  the local government, in accordance with s. 380.032, which will
 7707  establish the terms and conditions under which the development
 7708  may be continued. If the project is determined to be essentially
 7709  built out, development may proceed pursuant to the s. 380.032
 7710  agreement after the termination or expiration date contained in
 7711  the development order without further development-of-regional
 7712  impact review subject to the local government comprehensive plan
 7713  and land development regulations or subject to a modified
 7714  development-of-regional-impact analysis. As used in this
 7715  paragraph, an “essentially built-out” development of regional
 7716  impact means:
 7717         a. The developers are in compliance with all applicable
 7718  terms and conditions of the development order except the
 7719  buildout date; and
 7720         b.(I) The amount of development that remains to be built is
 7721  less than the substantial deviation threshold specified in
 7722  paragraph (19)(b) for each individual land use category, or, for
 7723  a multiuse development, the sum total of all unbuilt land uses
 7724  as a percentage of the applicable substantial deviation
 7725  threshold is equal to or less than 100 percent; or
 7726         (II) The state land planning agency and the local
 7727  government have agreed in writing that the amount of development
 7728  to be built does not create the likelihood of any additional
 7729  regional impact not previously reviewed.
 7730  
 7731  The single-family residential portions of a development may be
 7732  considered “essentially built out” if all of the workforce
 7733  housing obligations and all of the infrastructure and horizontal
 7734  development have been completed, at least 50 percent of the
 7735  dwelling units have been completed, and more than 80 percent of
 7736  the lots have been conveyed to third-party individual lot owners
 7737  or to individual builders who own no more than 40 lots at the
 7738  time of the determination. The mobile home park portions of a
 7739  development may be considered “essentially built out” if all the
 7740  infrastructure and horizontal development has been completed,
 7741  and at least 50 percent of the lots are leased to individual
 7742  mobile home owners.
 7743         (19) SUBSTANTIAL DEVIATIONS.—
 7744         (b) Any proposed change to a previously approved
 7745  development of regional impact or development order condition
 7746  which, either individually or cumulatively with other changes,
 7747  exceeds any of the following criteria shall constitute a
 7748  substantial deviation and shall cause the development to be
 7749  subject to further development-of-regional-impact review without
 7750  the necessity for a finding of same by the local government:
 7751         1. An increase in the number of parking spaces at an
 7752  attraction or recreational facility by 15 10 percent or 500 330
 7753  spaces, whichever is greater, or an increase in the number of
 7754  spectators that may be accommodated at such a facility by 15 10
 7755  percent or 1,500 1,100 spectators, whichever is greater.
 7756         2. A new runway, a new terminal facility, a 25-percent
 7757  lengthening of an existing runway, or a 25-percent increase in
 7758  the number of gates of an existing terminal, but only if the
 7759  increase adds at least three additional gates.
 7760         3. An increase in industrial development area by 10 percent
 7761  or 35 acres, whichever is greater.
 7762         4. An increase in the average annual acreage mined by 10
 7763  percent or 11 acres, whichever is greater, or an increase in the
 7764  average daily water consumption by a mining operation by 10
 7765  percent or 330,000 gallons, whichever is greater. A net increase
 7766  in the size of the mine by 10 percent or 825 acres, whichever is
 7767  less. For purposes of calculating any net increases in size,
 7768  only additions and deletions of lands that have not been mined
 7769  shall be considered. An increase in the size of a heavy mineral
 7770  mine as defined in s. 378.403(7) will only constitute a
 7771  substantial deviation if the average annual acreage mined is
 7772  more than 550 acres and consumes more than 3.3 million gallons
 7773  of water per day.
 7774         3.5. An increase in land area for office development by 15
 7775  10 percent or an increase of gross floor area of office
 7776  development by 15 10 percent or 100,000 66,000 gross square
 7777  feet, whichever is greater.
 7778         4.6. An increase in the number of dwelling units by 10
 7779  percent or 55 dwelling units, whichever is greater.
 7780         5.7. An increase in the number of dwelling units by 50
 7781  percent or 200 units, whichever is greater, provided that 15
 7782  percent of the proposed additional dwelling units are dedicated
 7783  to affordable workforce housing, subject to a recorded land use
 7784  restriction that shall be for a period of not less than 20 years
 7785  and that includes resale provisions to ensure long-term
 7786  affordability for income-eligible homeowners and renters and
 7787  provisions for the workforce housing to be commenced prior to
 7788  the completion of 50 percent of the market rate dwelling. For
 7789  purposes of this subparagraph, the term “affordable workforce
 7790  housing” means housing that is affordable to a person who earns
 7791  less than 120 percent of the area median income, or less than
 7792  140 percent of the area median income if located in a county in
 7793  which the median purchase price for a single-family existing
 7794  home exceeds the statewide median purchase price of a single
 7795  family existing home. For purposes of this subparagraph, the
 7796  term “statewide median purchase price of a single-family
 7797  existing home” means the statewide purchase price as determined
 7798  in the Florida Sales Report, Single-Family Existing Homes,
 7799  released each January by the Florida Association of Realtors and
 7800  the University of Florida Real Estate Research Center.
 7801         6.8. An increase in commercial development by 60,000 55,000
 7802  square feet of gross floor area or of parking spaces provided
 7803  for customers for 425 330 cars or a 10-percent increase of
 7804  either of these, whichever is greater.
 7805         9. An increase in hotel or motel rooms by 10 percent or 83
 7806  rooms, whichever is greater.
 7807         7.10. An increase in a recreational vehicle park area by 10
 7808  percent or 110 vehicle spaces, whichever is less.
 7809         8.11. A decrease in the area set aside for open space of 5
 7810  percent or 20 acres, whichever is less.
 7811         9.12. A proposed increase to an approved multiuse
 7812  development of regional impact where the sum of the increases of
 7813  each land use as a percentage of the applicable substantial
 7814  deviation criteria is equal to or exceeds 110 percent. The
 7815  percentage of any decrease in the amount of open space shall be
 7816  treated as an increase for purposes of determining when 110
 7817  percent has been reached or exceeded.
 7818         10.13. A 15-percent increase in the number of external
 7819  vehicle trips generated by the development above that which was
 7820  projected during the original development-of-regional-impact
 7821  review.
 7822         11.14. Any change which would result in development of any
 7823  area which was specifically set aside in the application for
 7824  development approval or in the development order for
 7825  preservation or special protection of endangered or threatened
 7826  plants or animals designated as endangered, threatened, or
 7827  species of special concern and their habitat, any species
 7828  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
 7829  archaeological and historical sites designated as significant by
 7830  the Division of Historical Resources of the Department of State.
 7831  The refinement of the boundaries and configuration of such areas
 7832  shall be considered under sub-subparagraph (e)2.j.
 7833  
 7834  The substantial deviation numerical standards in subparagraphs
 7835  3., 6., and 5., 8., 9., and 12., excluding residential uses, and
 7836  in subparagraph 10. 13., are increased by 100 percent for a
 7837  project certified under s. 403.973 which creates jobs and meets
 7838  criteria established by the Office of Tourism, Trade, and
 7839  Economic Development as to its impact on an area’s economy,
 7840  employment, and prevailing wage and skill levels. The
 7841  substantial deviation numerical standards in subparagraphs 3.,
 7842  4. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50
 7843  percent for a project located wholly within an urban infill and
 7844  redevelopment area designated on the applicable adopted local
 7845  comprehensive plan future land use map and not located within
 7846  the coastal high hazard area.
 7847         (c) An extension of the date of buildout of a development,
 7848  or any phase thereof, by more than 7 years is presumed to create
 7849  a substantial deviation subject to further development-of
 7850  regional-impact review.
 7851         1. An extension of the date of buildout, or any phase
 7852  thereof, of more than 5 years but not more than 7 years is
 7853  presumed not to create a substantial deviation. The extension of
 7854  the date of buildout of an areawide development of regional
 7855  impact by more than 5 years but less than 10 years is presumed
 7856  not to create a substantial deviation. These presumptions may be
 7857  rebutted by clear and convincing evidence at the public hearing
 7858  held by the local government. An extension of 5 years or less is
 7859  not a substantial deviation.
 7860         2. In recognition of the 2011 real estate market
 7861  conditions, at the option of the developer, all commencement,
 7862  phase, buildout, and expiration dates for projects that are
 7863  currently valid developments of regional impact are extended for
 7864  4 years regardless of any previous extension. Associated
 7865  mitigation requirements are extended for the same period unless,
 7866  prior to December 1, 2011, a governmental entity notifies a
 7867  developer which has commenced any construction within the phase
 7868  for which the mitigation is required that the local government
 7869  has entered into a contract for construction of a facility with
 7870  funds to be provided from the development’s mitigation funds for
 7871  that phase as specified in the development order or written
 7872  agreement with the developer. The 4-year extension is not a
 7873  substantial deviation, is not subject to further development-of
 7874  regional-impact review, and may not be considered when
 7875  determining whether a subsequent extension is a substantial
 7876  deviation under this subsection. The developer must notify the
 7877  local government in writing by December 31, 2011, in order to
 7878  receive the 4-year extension.
 7879  
 7880  For the purpose of calculating when a buildout or phase date has
 7881  been exceeded, the time shall be tolled during the pendency of
 7882  administrative or judicial proceedings relating to development
 7883  permits. Any extension of the buildout date of a project or a
 7884  phase thereof shall automatically extend the commencement date
 7885  of the project, the termination date of the development order,
 7886  the expiration date of the development of regional impact, and
 7887  the phases thereof if applicable by a like period of time. In
 7888  recognition of the 2007 real estate market conditions, all
 7889  phase, buildout, and expiration dates for projects that are
 7890  developments of regional impact and under active construction on
 7891  July 1, 2007, are extended for 3 years regardless of any prior
 7892  extension. The 3-year extension is not a substantial deviation,
 7893  is not subject to further development-of-regional-impact review,
 7894  and may not be considered when determining whether a subsequent
 7895  extension is a substantial deviation under this subsection.
 7896         (e)1. Except for a development order rendered pursuant to
 7897  subsection (22) or subsection (25), a proposed change to a
 7898  development order that individually or cumulatively with any
 7899  previous change is less than any numerical criterion contained
 7900  in subparagraphs (b)1.-10.1.-13. and does not exceed any other
 7901  criterion, or that involves an extension of the buildout date of
 7902  a development, or any phase thereof, of less than 5 years is not
 7903  subject to the public hearing requirements of subparagraph
 7904  (f)3., and is not subject to a determination pursuant to
 7905  subparagraph (f)5. Notice of the proposed change shall be made
 7906  to the regional planning council and the state land planning
 7907  agency. Such notice shall include a description of previous
 7908  individual changes made to the development, including changes
 7909  previously approved by the local government, and shall include
 7910  appropriate amendments to the development order.
 7911         2. The following changes, individually or cumulatively with
 7912  any previous changes, are not substantial deviations:
 7913         a. Changes in the name of the project, developer, owner, or
 7914  monitoring official.
 7915         b. Changes to a setback that do not affect noise buffers,
 7916  environmental protection or mitigation areas, or archaeological
 7917  or historical resources.
 7918         c. Changes to minimum lot sizes.
 7919         d. Changes in the configuration of internal roads that do
 7920  not affect external access points.
 7921         e. Changes to the building design or orientation that stay
 7922  approximately within the approved area designated for such
 7923  building and parking lot, and which do not affect historical
 7924  buildings designated as significant by the Division of
 7925  Historical Resources of the Department of State.
 7926         f. Changes to increase the acreage in the development,
 7927  provided that no development is proposed on the acreage to be
 7928  added.
 7929         g. Changes to eliminate an approved land use, provided that
 7930  there are no additional regional impacts.
 7931         h. Changes required to conform to permits approved by any
 7932  federal, state, or regional permitting agency, provided that
 7933  these changes do not create additional regional impacts.
 7934         i. Any renovation or redevelopment of development within a
 7935  previously approved development of regional impact which does
 7936  not change land use or increase density or intensity of use.
 7937         j. Changes that modify boundaries and configuration of
 7938  areas described in subparagraph (b)11.14. due to science-based
 7939  refinement of such areas by survey, by habitat evaluation, by
 7940  other recognized assessment methodology, or by an environmental
 7941  assessment. In order for changes to qualify under this sub
 7942  subparagraph, the survey, habitat evaluation, or assessment must
 7943  occur prior to the time a conservation easement protecting such
 7944  lands is recorded and must not result in any net decrease in the
 7945  total acreage of the lands specifically set aside for permanent
 7946  preservation in the final development order.
 7947         k. Any other change which the state land planning agency,
 7948  in consultation with the regional planning council, agrees in
 7949  writing is similar in nature, impact, or character to the
 7950  changes enumerated in sub-subparagraphs a.-j. and which does not
 7951  create the likelihood of any additional regional impact.
 7952  
 7953  This subsection does not require the filing of a notice of
 7954  proposed change but shall require an application to the local
 7955  government to amend the development order in accordance with the
 7956  local government’s procedures for amendment of a development
 7957  order. In accordance with the local government’s procedures,
 7958  including requirements for notice to the applicant and the
 7959  public, the local government shall either deny the application
 7960  for amendment or adopt an amendment to the development order
 7961  which approves the application with or without conditions.
 7962  Following adoption, the local government shall render to the
 7963  state land planning agency the amendment to the development
 7964  order. The state land planning agency may appeal, pursuant to s.
 7965  380.07(3), the amendment to the development order if the
 7966  amendment involves sub-subparagraph g., sub-subparagraph h.,
 7967  sub-subparagraph j., or sub-subparagraph k., and it believes the
 7968  change creates a reasonable likelihood of new or additional
 7969  regional impacts.
 7970         3. Except for the change authorized by sub-subparagraph
 7971  2.f., any addition of land not previously reviewed or any change
 7972  not specified in paragraph (b) or paragraph (c) shall be
 7973  presumed to create a substantial deviation. This presumption may
 7974  be rebutted by clear and convincing evidence.
 7975         4. Any submittal of a proposed change to a previously
 7976  approved development shall include a description of individual
 7977  changes previously made to the development, including changes
 7978  previously approved by the local government. The local
 7979  government shall consider the previous and current proposed
 7980  changes in deciding whether such changes cumulatively constitute
 7981  a substantial deviation requiring further development-of
 7982  regional-impact review.
 7983         5. The following changes to an approved development of
 7984  regional impact shall be presumed to create a substantial
 7985  deviation. Such presumption may be rebutted by clear and
 7986  convincing evidence.
 7987         a. A change proposed for 15 percent or more of the acreage
 7988  to a land use not previously approved in the development order.
 7989  Changes of less than 15 percent shall be presumed not to create
 7990  a substantial deviation.
 7991         b. Notwithstanding any provision of paragraph (b) to the
 7992  contrary, a proposed change consisting of simultaneous increases
 7993  and decreases of at least two of the uses within an authorized
 7994  multiuse development of regional impact which was originally
 7995  approved with three or more uses specified in s. 380.0651(3)(c),
 7996  (d), (e), and (f) and residential use.
 7997         6. If a local government agrees to a proposed change, a
 7998  change in the transportation proportionate share calculation and
 7999  mitigation plan in an adopted development order as a result of
 8000  recalculation of the proportionate share contribution meeting
 8001  the requirements of s. 163.3180(5)(h) in effect as of the date
 8002  of such change shall be presumed not to create a substantial
 8003  deviation. For purposes of this subsection, the proposed change
 8004  in the proportionate share calculation or mitigation plan shall
 8005  not be considered an additional regional transportation impact.
 8006         (e)1. Except for a development order rendered pursuant to
 8007  subsection (22) or subsection (25), a proposed change to a
 8008  development order that individually or cumulatively with any
 8009  previous change is less than any numerical criterion contained
 8010  in subparagraphs (b)1.-13. and does not exceed any other
 8011  criterion, or that involves an extension of the buildout date of
 8012  a development, or any phase thereof, of less than 5 years is not
 8013  subject to the public hearing requirements of subparagraph
 8014  (f)3., and is not subject to a determination pursuant to
 8015  subparagraph (f)5. Notice of the proposed change shall be made
 8016  to the regional planning council and the state land planning
 8017  agency. Such notice shall include a description of previous
 8018  individual changes made to the development, including changes
 8019  previously approved by the local government, and shall include
 8020  appropriate amendments to the development order.
 8021         2. The following changes, individually or cumulatively with
 8022  any previous changes, are not substantial deviations:
 8023         a. Changes in the name of the project, developer, owner, or
 8024  monitoring official.
 8025         b. Changes to a setback that do not affect noise buffers,
 8026  environmental protection or mitigation areas, or archaeological
 8027  or historical resources.
 8028         c. Changes to minimum lot sizes.
 8029         d. Changes in the configuration of internal roads that do
 8030  not affect external access points.
 8031         e. Changes to the building design or orientation that stay
 8032  approximately within the approved area designated for such
 8033  building and parking lot, and which do not affect historical
 8034  buildings designated as significant by the Division of
 8035  Historical Resources of the Department of State.
 8036         f. Changes to increase the acreage in the development,
 8037  provided that no development is proposed on the acreage to be
 8038  added.
 8039         g. Changes to eliminate an approved land use, provided that
 8040  there are no additional regional impacts.
 8041         h. Changes required to conform to permits approved by any
 8042  federal, state, or regional permitting agency, provided that
 8043  these changes do not create additional regional impacts.
 8044         i. Any renovation or redevelopment of development within a
 8045  previously approved development of regional impact which does
 8046  not change land use or increase density or intensity of use.
 8047         j. Changes that modify boundaries and configuration of
 8048  areas described in subparagraph (b)14. due to science-based
 8049  refinement of such areas by survey, by habitat evaluation, by
 8050  other recognized assessment methodology, or by an environmental
 8051  assessment. In order for changes to qualify under this sub
 8052  subparagraph, the survey, habitat evaluation, or assessment must
 8053  occur prior to the time a conservation easement protecting such
 8054  lands is recorded and must not result in any net decrease in the
 8055  total acreage of the lands specifically set aside for permanent
 8056  preservation in the final development order.
 8057         k. Any other change which the state land planning agency,
 8058  in consultation with the regional planning council, agrees in
 8059  writing is similar in nature, impact, or character to the
 8060  changes enumerated in sub-subparagraphs a.-j. and which does not
 8061  create the likelihood of any additional regional impact.
 8062  
 8063  This subsection does not require the filing of a notice of
 8064  proposed change but shall require an application to the local
 8065  government to amend the development order in accordance with the
 8066  local government’s procedures for amendment of a development
 8067  order. In accordance with the local government’s procedures,
 8068  including requirements for notice to the applicant and the
 8069  public, the local government shall either deny the application
 8070  for amendment or adopt an amendment to the development order
 8071  which approves the application with or without conditions.
 8072  Following adoption, the local government shall render to the
 8073  state land planning agency the amendment to the development
 8074  order. The state land planning agency may appeal, pursuant to s.
 8075  380.07(3), the amendment to the development order if the
 8076  amendment involves sub-subparagraph g., sub-subparagraph h.,
 8077  sub-subparagraph j., or sub-subparagraph k., and it believes the
 8078  change creates a reasonable likelihood of new or additional
 8079  regional impacts.
 8080         3. Except for the change authorized by sub-subparagraph
 8081  2.f., any addition of land not previously reviewed or any change
 8082  not specified in paragraph (b) or paragraph (c) shall be
 8083  presumed to create a substantial deviation. This presumption may
 8084  be rebutted by clear and convincing evidence.
 8085         4. Any submittal of a proposed change to a previously
 8086  approved development shall include a description of individual
 8087  changes previously made to the development, including changes
 8088  previously approved by the local government. The local
 8089  government shall consider the previous and current proposed
 8090  changes in deciding whether such changes cumulatively constitute
 8091  a substantial deviation requiring further development-of
 8092  regional-impact review.
 8093         5. The following changes to an approved development of
 8094  regional impact shall be presumed to create a substantial
 8095  deviation. Such presumption may be rebutted by clear and
 8096  convincing evidence.
 8097         a. A change proposed for 15 percent or more of the acreage
 8098  to a land use not previously approved in the development order.
 8099  Changes of less than 15 percent shall be presumed not to create
 8100  a substantial deviation.
 8101         b. Notwithstanding any provision of paragraph (b) to the
 8102  contrary, a proposed change consisting of simultaneous increases
 8103  and decreases of at least two of the uses within an authorized
 8104  multiuse development of regional impact which was originally
 8105  approved with three or more uses specified in s. 380.0651(3)(c),
 8106  (d), and (e), and (f) and residential use.
 8107         (19) (f)1. The state land planning agency shall establish
 8108  by rule standard forms for submittal of proposed changes to a
 8109  previously approved development of regional impact which may
 8110  require further development-of-regional-impact review. At a
 8111  minimum, the standard form shall require the developer to
 8112  provide the precise language that the developer proposes to
 8113  delete or add as an amendment to the development order.
 8114         2. The developer shall submit, simultaneously, to the local
 8115  government, the regional planning agency, and the state land
 8116  planning agency the request for approval of a proposed change.
 8117         3. No sooner than 30 days but no later than 45 days after
 8118  submittal by the developer to the local government, the state
 8119  land planning agency, and the appropriate regional planning
 8120  agency, the local government shall give 15 days’ notice and
 8121  schedule a public hearing to consider the change that the
 8122  developer asserts does not create a substantial deviation. This
 8123  public hearing shall be held within 60 days after submittal of
 8124  the proposed changes, unless that time is extended by the
 8125  developer.
 8126         4. The appropriate regional planning agency or the state
 8127  land planning agency shall review the proposed change and, no
 8128  later than 45 days after submittal by the developer of the
 8129  proposed change, unless that time is extended by the developer,
 8130  and prior to the public hearing at which the proposed change is
 8131  to be considered, shall advise the local government in writing
 8132  whether it objects to the proposed change, shall specify the
 8133  reasons for its objection, if any, and shall provide a copy to
 8134  the developer.
 8135         5. At the public hearing, the local government shall
 8136  determine whether the proposed change requires further
 8137  development-of-regional-impact review. The provisions of
 8138  paragraphs (a) and (e), the thresholds set forth in paragraph
 8139  (b), and the presumptions set forth in paragraphs (c) and (d)
 8140  and subparagraph (e)3. shall be applicable in determining
 8141  whether further development-of-regional-impact review is
 8142  required. The local government may also deny the proposed change
 8143  based on matters relating to local issues, such as if the land
 8144  on which the change is sought is plat restricted in a way that
 8145  would be incompatible with the proposed change, and the local
 8146  government does not wish to change the plat restriction as part
 8147  of the proposed change.
 8148         6. If the local government determines that the proposed
 8149  change does not require further development-of-regional-impact
 8150  review and is otherwise approved, or if the proposed change is
 8151  not subject to a hearing and determination pursuant to
 8152  subparagraphs 3. and 5. and is otherwise approved, the local
 8153  government shall issue an amendment to the development order
 8154  incorporating the approved change and conditions of approval
 8155  relating to the change. The requirement that a change be
 8156  otherwise approved shall not be construed to require additional
 8157  local review or approval if the change is allowed by applicable
 8158  local ordinances without further local review or approval. The
 8159  decision of the local government to approve, with or without
 8160  conditions, or to deny the proposed change that the developer
 8161  asserts does not require further review shall be subject to the
 8162  appeal provisions of s. 380.07. However, the state land planning
 8163  agency may not appeal the local government decision if it did
 8164  not comply with subparagraph 4. The state land planning agency
 8165  may not appeal a change to a development order made pursuant to
 8166  subparagraph (e)1. or subparagraph (e)2. for developments of
 8167  regional impact approved after January 1, 1980, unless the
 8168  change would result in a significant impact to a regionally
 8169  significant archaeological, historical, or natural resource not
 8170  previously identified in the original development-of-regional
 8171  impact review.
 8172         (24) STATUTORY EXEMPTIONS.—
 8173         (a) Any proposed hospital is exempt from the provisions of
 8174  this section.
 8175         (b) Any proposed electrical transmission line or electrical
 8176  power plant is exempt from the provisions of this section.
 8177         (c) Any proposed addition to an existing sports facility
 8178  complex is exempt from the provisions of this section if the
 8179  addition meets the following characteristics:
 8180         1. It would not operate concurrently with the scheduled
 8181  hours of operation of the existing facility.
 8182         2. Its seating capacity would be no more than 75 percent of
 8183  the capacity of the existing facility.
 8184         3. The sports facility complex property is owned by a
 8185  public body prior to July 1, 1983.
 8186  
 8187  This exemption does not apply to any pari-mutuel facility.
 8188         (d) Any proposed addition or cumulative additions
 8189  subsequent to July 1, 1988, to an existing sports facility
 8190  complex owned by a state university is exempt if the increased
 8191  seating capacity of the complex is no more than 30 percent of
 8192  the capacity of the existing facility.
 8193         (e) Any addition of permanent seats or parking spaces for
 8194  an existing sports facility located on property owned by a
 8195  public body prior to July 1, 1973, is exempt from the provisions
 8196  of this section if future additions do not expand existing
 8197  permanent seating or parking capacity more than 15 percent
 8198  annually in excess of the prior year’s capacity.
 8199         (f) Any increase in the seating capacity of an existing
 8200  sports facility having a permanent seating capacity of at least
 8201  50,000 spectators is exempt from the provisions of this section,
 8202  provided that such an increase does not increase permanent
 8203  seating capacity by more than 5 percent per year and not to
 8204  exceed a total of 10 percent in any 5-year period, and provided
 8205  that the sports facility notifies the appropriate local
 8206  government within which the facility is located of the increase
 8207  at least 6 months prior to the initial use of the increased
 8208  seating, in order to permit the appropriate local government to
 8209  develop a traffic management plan for the traffic generated by
 8210  the increase. Any traffic management plan shall be consistent
 8211  with the local comprehensive plan, the regional policy plan, and
 8212  the state comprehensive plan.
 8213         (g) Any expansion in the permanent seating capacity or
 8214  additional improved parking facilities of an existing sports
 8215  facility is exempt from the provisions of this section, if the
 8216  following conditions exist:
 8217         1.a. The sports facility had a permanent seating capacity
 8218  on January 1, 1991, of at least 41,000 spectator seats;
 8219         b. The sum of such expansions in permanent seating capacity
 8220  does not exceed a total of 10 percent in any 5-year period and
 8221  does not exceed a cumulative total of 20 percent for any such
 8222  expansions; or
 8223         c. The increase in additional improved parking facilities
 8224  is a one-time addition and does not exceed 3,500 parking spaces
 8225  serving the sports facility; and
 8226         2. The local government having jurisdiction of the sports
 8227  facility includes in the development order or development permit
 8228  approving such expansion under this paragraph a finding of fact
 8229  that the proposed expansion is consistent with the
 8230  transportation, water, sewer and stormwater drainage provisions
 8231  of the approved local comprehensive plan and local land
 8232  development regulations relating to those provisions.
 8233  
 8234  Any owner or developer who intends to rely on this statutory
 8235  exemption shall provide to the department a copy of the local
 8236  government application for a development permit. Within 45 days
 8237  of receipt of the application, the department shall render to
 8238  the local government an advisory and nonbinding opinion, in
 8239  writing, stating whether, in the department’s opinion, the
 8240  prescribed conditions exist for an exemption under this
 8241  paragraph. The local government shall render the development
 8242  order approving each such expansion to the department. The
 8243  owner, developer, or department may appeal the local government
 8244  development order pursuant to s. 380.07, within 45 days after
 8245  the order is rendered. The scope of review shall be limited to
 8246  the determination of whether the conditions prescribed in this
 8247  paragraph exist. If any sports facility expansion undergoes
 8248  development-of-regional-impact review, all previous expansions
 8249  which were exempt under this paragraph shall be included in the
 8250  development-of-regional-impact review.
 8251         (h) Expansion to port harbors, spoil disposal sites,
 8252  navigation channels, turning basins, harbor berths, and other
 8253  related inwater harbor facilities of ports listed in s.
 8254  403.021(9)(b), port transportation facilities and projects
 8255  listed in s. 311.07(3)(b), and intermodal transportation
 8256  facilities identified pursuant to s. 311.09(3) are exempt from
 8257  the provisions of this section when such expansions, projects,
 8258  or facilities are consistent with comprehensive master plans
 8259  that are in compliance with the provisions of s. 163.3178.
 8260         (i) Any proposed facility for the storage of any petroleum
 8261  product or any expansion of an existing facility is exempt from
 8262  the provisions of this section.
 8263         (j) Any renovation or redevelopment within the same land
 8264  parcel which does not change land use or increase density or
 8265  intensity of use.
 8266         (k) Waterport and marina development, including dry storage
 8267  facilities, are exempt from the provisions of this section.
 8268         (l) Any proposed development within an urban service
 8269  boundary established under s. 163.3177(14), which is not
 8270  otherwise exempt pursuant to subsection (29), is exempt from the
 8271  provisions of this section if the local government having
 8272  jurisdiction over the area where the development is proposed has
 8273  adopted the urban service boundary, has entered into a binding
 8274  agreement with jurisdictions that would be impacted and with the
 8275  Department of Transportation regarding the mitigation of impacts
 8276  on state and regional transportation facilities, and has adopted
 8277  a proportionate share methodology pursuant to s. 163.3180(16).
 8278         (m) Any proposed development within a rural land
 8279  stewardship area created under s. 163.3248 163.3177(11)(d) is
 8280  exempt from the provisions of this section if the local
 8281  government that has adopted the rural land stewardship area has
 8282  entered into a binding agreement with jurisdictions that would
 8283  be impacted and the Department of Transportation regarding the
 8284  mitigation of impacts on state and regional transportation
 8285  facilities, and has adopted a proportionate share methodology
 8286  pursuant to s. 163.3180(16).
 8287         (n) The establishment, relocation, or expansion of any
 8288  military installation as defined in s. 163.3175, is exempt from
 8289  this section.
 8290         (o) Any self-storage warehousing that does not allow retail
 8291  or other services is exempt from this section.
 8292         (p) Any proposed nursing home or assisted living facility
 8293  is exempt from this section.
 8294         (q) Any development identified in an airport master plan
 8295  and adopted into the comprehensive plan pursuant to s.
 8296  163.3177(6)(k) is exempt from this section.
 8297         (r) Any development identified in a campus master plan and
 8298  adopted pursuant to s. 1013.30 is exempt from this section.
 8299         (s) Any development in a detailed specific area plan which
 8300  is prepared and adopted pursuant to s. 163.3245 and adopted into
 8301  the comprehensive plan is exempt from this section.
 8302         (t) Any proposed solid mineral mine and any proposed
 8303  addition to, expansion of, or change to an existing solid
 8304  mineral mine is exempt from this section. A mine owner will
 8305  enter into a binding agreement with the Department of
 8306  Transportation to mitigate impacts to strategic intermodal
 8307  system facilities pursuant to the transportation thresholds in
 8308  380.06(19) or rule 9J-2.045(6), Florida Administrative Code.
 8309  Proposed changes to any previously approved solid mineral mine
 8310  development-of-regional-impact development orders having vested
 8311  rights is not subject to further review or approval as a
 8312  development-of-regional-impact or notice-of-proposed-change
 8313  review or approval pursuant to subsection (19), except for those
 8314  applications pending as of July 1, 2011, which shall be governed
 8315  by s. 380.115(2). Notwithstanding the foregoing, however,
 8316  pursuant to s. 380.115(1), previously approved solid mineral
 8317  mine development-of-regional-impact development orders shall
 8318  continue to enjoy vested rights and continue to be effective
 8319  unless rescinded by the developer. All local government
 8320  regulations of proposed solid mineral mines shall be applicable
 8321  to any new solid mineral mine or to any proposed addition to,
 8322  expansion of, or change to an existing solid mineral mine.
 8323         (u) Notwithstanding any provisions in an agreement with or
 8324  among a local government, regional agency, or the state land
 8325  planning agency or in a local government’s comprehensive plan to
 8326  the contrary, a project no longer subject to development-of
 8327  regional-impact review under revised thresholds is not required
 8328  to undergo such review.
 8329         (v)(t) Any development within a county with a research and
 8330  education authority created by special act and that is also
 8331  within a research and development park that is operated or
 8332  managed by a research and development authority pursuant to part
 8333  V of chapter 159 is exempt from this section.
 8334  
 8335  If a use is exempt from review as a development of regional
 8336  impact under paragraphs (a)-(u) (a)-(s), but will be part of a
 8337  larger project that is subject to review as a development of
 8338  regional impact, the impact of the exempt use must be included
 8339  in the review of the larger project, unless such exempt use
 8340  involves a development of regional impact that includes a
 8341  landowner, tenant, or user that has entered into a funding
 8342  agreement with the Office of Tourism, Trade, and Economic
 8343  Development under the Innovation Incentive Program and the
 8344  agreement contemplates a state award of at least $50 million.
 8345         (28) PARTIAL STATUTORY EXEMPTIONS.—
 8346         (e) The vesting provision of s. 163.3167(5)(8) relating to
 8347  an authorized development of regional impact does shall not
 8348  apply to those projects partially exempt from the development
 8349  of-regional-impact review process under paragraphs (a)-(d).
 8350         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 8351         (a) The following are exempt from this section:
 8352         1. Any proposed development in a municipality that has an
 8353  average of at least 1,000 people per square mile of land area
 8354  and a minimum total population of at least 5,000 qualifies as a
 8355  dense urban land area as defined in s. 163.3164;
 8356         2. Any proposed development within a county, including the
 8357  municipalities located in the county, that has an average of at
 8358  least 1,000 people per square mile of land area qualifies as a
 8359  dense urban land area as defined in s. 163.3164 and that is
 8360  located within an urban service area as defined in s. 163.3164
 8361  which has been adopted into the comprehensive plan; or
 8362         3. Any proposed development within a county, including the
 8363  municipalities located therein, which has a population of at
 8364  least 900,000, that has an average of at least 1,000 people per
 8365  square mile of land area which qualifies as a dense urban land
 8366  area under s. 163.3164, but which does not have an urban service
 8367  area designated in the comprehensive plan; or
 8368         4. Any proposed development within a county, including the
 8369  municipalities located therein, which has a population of at
 8370  least 1 million and is located within an urban service area as
 8371  defined in s. 163.3164 which has been adopted into the
 8372  comprehensive plan.
 8373  
 8374  The Office of Economic and Demographic Research within the
 8375  Legislature shall annually calculate the population and density
 8376  criteria needed to determine which jurisdictions meet the
 8377  density criteria in subparagraphs 1.-4. by using the most recent
 8378  land area data from the decennial census conducted by the Bureau
 8379  of the Census of the United States Department of Commerce and
 8380  the latest available population estimates determined pursuant to
 8381  s. 186.901. If any local government has had an annexation,
 8382  contraction, or new incorporation, the Office of Economic and
 8383  Demographic Research shall determine the population density
 8384  using the new jurisdictional boundaries as recorded in
 8385  accordance with s. 171.091. The Office of Economic and
 8386  Demographic Research shall annually submit to the state land
 8387  planning agency by July 1 a list of jurisdictions that meet the
 8388  total population and density criteria. The state land planning
 8389  agency shall publish the list of jurisdictions on its Internet
 8390  website within 7 days after the list is received. The
 8391  designation of jurisdictions that meet the criteria of
 8392  subparagraphs 1.-4. is effective upon publication on the state
 8393  land planning agency’s Internet website. If a municipality that
 8394  has previously met the criteria no longer meets the criteria,
 8395  the state land planning agency shall maintain the municipality
 8396  on the list and indicate the year the jurisdiction last met the
 8397  criteria. However, any proposed development of regional impact
 8398  not within the established boundaries of a municipality at the
 8399  time the municipality last met the criteria must meet the
 8400  requirements of this section until such time as the municipality
 8401  as a whole meets the criteria. Any county that meets the
 8402  criteria shall remain on the list in accordance with the
 8403  provisions of this paragraph. Any jurisdiction that was placed
 8404  on the dense urban land area list before the effective date of
 8405  this act shall remain on the list in accordance with the
 8406  provisions of this paragraph.
 8407         (d) A development that is located partially outside an area
 8408  that is exempt from the development-of-regional-impact program
 8409  must undergo development-of-regional-impact review pursuant to
 8410  this section. However, if the total acreage that is included
 8411  within the area exempt from development-of-regional-impact
 8412  review exceeds 85 percent of the total acreage and square
 8413  footage of the approved development of regional impact, the
 8414  development-of-regional-impact development order may be
 8415  rescinded in both local governments pursuant to s. 380.115(1),
 8416  unless the portion of the development outside the exempt area
 8417  meets the threshold criteria of a development-of-regional
 8418  impact.
 8419         (e) In an area that is exempt under paragraphs (a)-(c), any
 8420  previously approved development-of-regional-impact development
 8421  orders shall continue to be effective, but the developer has the
 8422  option to be governed by s. 380.115(1). A pending application
 8423  for development approval shall be governed by s. 380.115(2). A
 8424  development that has a pending application for a comprehensive
 8425  plan amendment and that elects not to continue development-of
 8426  regional-impact review is exempt from the limitation on plan
 8427  amendments set forth in s. 163.3187(1) for the year following
 8428  the effective date of the exemption.
 8429         Section 56. Subsection (3) and paragraph (a) of subsection
 8430  (4) of section 380.0651, Florida Statutes, are amended to read:
 8431         380.0651 Statewide guidelines and standards.—
 8432         (3) The following statewide guidelines and standards shall
 8433  be applied in the manner described in s. 380.06(2) to determine
 8434  whether the following developments shall be required to undergo
 8435  development-of-regional-impact review:
 8436         (a) Airports.—
 8437         1. Any of the following airport construction projects shall
 8438  be a development of regional impact:
 8439         a. A new commercial service or general aviation airport
 8440  with paved runways.
 8441         b. A new commercial service or general aviation paved
 8442  runway.
 8443         c. A new passenger terminal facility.
 8444         2. Lengthening of an existing runway by 25 percent or an
 8445  increase in the number of gates by 25 percent or three gates,
 8446  whichever is greater, on a commercial service airport or a
 8447  general aviation airport with regularly scheduled flights is a
 8448  development of regional impact. However, expansion of existing
 8449  terminal facilities at a nonhub or small hub commercial service
 8450  airport shall not be a development of regional impact.
 8451         3. Any airport development project which is proposed for
 8452  safety, repair, or maintenance reasons alone and would not have
 8453  the potential to increase or change existing types of aircraft
 8454  activity is not a development of regional impact.
 8455  Notwithstanding subparagraphs 1. and 2., renovation,
 8456  modernization, or replacement of airport airside or terminal
 8457  facilities that may include increases in square footage of such
 8458  facilities but does not increase the number of gates or change
 8459  the existing types of aircraft activity is not a development of
 8460  regional impact.
 8461         (b) Attractions and recreation facilities.—Any sports,
 8462  entertainment, amusement, or recreation facility, including, but
 8463  not limited to, a sports arena, stadium, racetrack, tourist
 8464  attraction, amusement park, or pari-mutuel facility, the
 8465  construction or expansion of which:
 8466         1. For single performance facilities:
 8467         a. Provides parking spaces for more than 2,500 cars; or
 8468         b. Provides more than 10,000 permanent seats for
 8469  spectators.
 8470         2. For serial performance facilities:
 8471         a. Provides parking spaces for more than 1,000 cars; or
 8472         b. Provides more than 4,000 permanent seats for spectators.
 8473  
 8474  For purposes of this subsection, “serial performance facilities”
 8475  means those using their parking areas or permanent seating more
 8476  than one time per day on a regular or continuous basis.
 8477         3. For multiscreen movie theaters of at least 8 screens and
 8478  2,500 seats:
 8479         a. Provides parking spaces for more than 1,500 cars; or
 8480         b. Provides more than 6,000 permanent seats for spectators.
 8481         (c) Industrial plants, industrial parks, and distribution,
 8482  warehousing or wholesaling facilities.—Any proposed industrial,
 8483  manufacturing, or processing plant, or distribution,
 8484  warehousing, or wholesaling facility, excluding wholesaling
 8485  developments which deal primarily with the general public
 8486  onsite, under common ownership, or any proposed industrial,
 8487  manufacturing, or processing activity or distribution,
 8488  warehousing, or wholesaling activity, excluding wholesaling
 8489  activities which deal primarily with the general public onsite,
 8490  which:
 8491         1. Provides parking for more than 2,500 motor vehicles; or
 8492         2. Occupies a site greater than 320 acres.
 8493         (c)(d) Office development.—Any proposed office building or
 8494  park operated under common ownership, development plan, or
 8495  management that:
 8496         1. Encompasses 300,000 or more square feet of gross floor
 8497  area; or
 8498         2. Encompasses more than 600,000 square feet of gross floor
 8499  area in a county with a population greater than 500,000 and only
 8500  in a geographic area specifically designated as highly suitable
 8501  for increased threshold intensity in the approved local
 8502  comprehensive plan.
 8503         (d)(e) Retail and service development.—Any proposed retail,
 8504  service, or wholesale business establishment or group of
 8505  establishments which deals primarily with the general public
 8506  onsite, operated under one common property ownership,
 8507  development plan, or management that:
 8508         1. Encompasses more than 400,000 square feet of gross area;
 8509  or
 8510         2. Provides parking spaces for more than 2,500 cars.
 8511         (f) Hotel or motel development.
 8512         1. Any proposed hotel or motel development that is planned
 8513  to create or accommodate 350 or more units; or
 8514         2. Any proposed hotel or motel development that is planned
 8515  to create or accommodate 750 or more units, in a county with a
 8516  population greater than 500,000.
 8517         (e)(g) Recreational vehicle development.—Any proposed
 8518  recreational vehicle development planned to create or
 8519  accommodate 500 or more spaces.
 8520         (f)(h) Multiuse development.—Any proposed development with
 8521  two or more land uses where the sum of the percentages of the
 8522  appropriate thresholds identified in chapter 28-24, Florida
 8523  Administrative Code, or this section for each land use in the
 8524  development is equal to or greater than 145 percent. Any
 8525  proposed development with three or more land uses, one of which
 8526  is residential and contains at least 100 dwelling units or 15
 8527  percent of the applicable residential threshold, whichever is
 8528  greater, where the sum of the percentages of the appropriate
 8529  thresholds identified in chapter 28-24, Florida Administrative
 8530  Code, or this section for each land use in the development is
 8531  equal to or greater than 160 percent. This threshold is in
 8532  addition to, and does not preclude, a development from being
 8533  required to undergo development-of-regional-impact review under
 8534  any other threshold.
 8535         (g)(i) Residential development.—No rule may be adopted
 8536  concerning residential developments which treats a residential
 8537  development in one county as being located in a less populated
 8538  adjacent county unless more than 25 percent of the development
 8539  is located within 2 or less miles of the less populated adjacent
 8540  county. The residential thresholds of adjacent counties with
 8541  less population and a lower threshold shall not be controlling
 8542  on any development wholly located within areas designated as
 8543  rural areas of critical economic concern.
 8544         (h)(j) Workforce housing.—The applicable guidelines for
 8545  residential development and the residential component for
 8546  multiuse development shall be increased by 50 percent where the
 8547  developer demonstrates that at least 15 percent of the total
 8548  residential dwelling units authorized within the development of
 8549  regional impact will be dedicated to affordable workforce
 8550  housing, subject to a recorded land use restriction that shall
 8551  be for a period of not less than 20 years and that includes
 8552  resale provisions to ensure long-term affordability for income
 8553  eligible homeowners and renters and provisions for the workforce
 8554  housing to be commenced prior to the completion of 50 percent of
 8555  the market rate dwelling. For purposes of this paragraph, the
 8556  term “affordable workforce housing” means housing that is
 8557  affordable to a person who earns less than 120 percent of the
 8558  area median income, or less than 140 percent of the area median
 8559  income if located in a county in which the median purchase price
 8560  for a single-family existing home exceeds the statewide median
 8561  purchase price of a single-family existing home. For the
 8562  purposes of this paragraph, the term “statewide median purchase
 8563  price of a single-family existing home” means the statewide
 8564  purchase price as determined in the Florida Sales Report,
 8565  Single-Family Existing Homes, released each January by the
 8566  Florida Association of Realtors and the University of Florida
 8567  Real Estate Research Center.
 8568         (i)(k) Schools.—
 8569         1. The proposed construction of any public, private, or
 8570  proprietary postsecondary educational campus which provides for
 8571  a design population of more than 5,000 full-time equivalent
 8572  students, or the proposed physical expansion of any public,
 8573  private, or proprietary postsecondary educational campus having
 8574  such a design population that would increase the population by
 8575  at least 20 percent of the design population.
 8576         2. As used in this paragraph, “full-time equivalent
 8577  student” means enrollment for 15 or more quarter hours during a
 8578  single academic semester. In career centers or other
 8579  institutions which do not employ semester hours or quarter hours
 8580  in accounting for student participation, enrollment for 18
 8581  contact hours shall be considered equivalent to one quarter
 8582  hour, and enrollment for 27 contact hours shall be considered
 8583  equivalent to one semester hour.
 8584         3. This paragraph does not apply to institutions which are
 8585  the subject of a campus master plan adopted by the university
 8586  board of trustees pursuant to s. 1013.30.
 8587         (4) Two or more developments, represented by their owners
 8588  or developers to be separate developments, shall be aggregated
 8589  and treated as a single development under this chapter when they
 8590  are determined to be part of a unified plan of development and
 8591  are physically proximate to one other.
 8592         (a) The criteria of three two of the following
 8593  subparagraphs must be met in order for the state land planning
 8594  agency to determine that there is a unified plan of development:
 8595         1.a. The same person has retained or shared control of the
 8596  developments;
 8597         b. The same person has ownership or a significant legal or
 8598  equitable interest in the developments; or
 8599         c. There is common management of the developments
 8600  controlling the form of physical development or disposition of
 8601  parcels of the development.
 8602         2. There is a reasonable closeness in time between the
 8603  completion of 80 percent or less of one development and the
 8604  submission to a governmental agency of a master plan or series
 8605  of plans or drawings for the other development which is
 8606  indicative of a common development effort.
 8607         3. A master plan or series of plans or drawings exists
 8608  covering the developments sought to be aggregated which have
 8609  been submitted to a local general-purpose government, water
 8610  management district, the Florida Department of Environmental
 8611  Protection, or the Division of Florida Condominiums, Timeshares,
 8612  and Mobile Homes for authorization to commence development. The
 8613  existence or implementation of a utility’s master utility plan
 8614  required by the Public Service Commission or general-purpose
 8615  local government or a master drainage plan shall not be the sole
 8616  determinant of the existence of a master plan.
 8617         4. The voluntary sharing of infrastructure that is
 8618  indicative of a common development effort or is designated
 8619  specifically to accommodate the developments sought to be
 8620  aggregated, except that which was implemented because it was
 8621  required by a local general-purpose government; water management
 8622  district; the Department of Environmental Protection; the
 8623  Division of Florida Condominiums, Timeshares, and Mobile Homes;
 8624  or the Public Service Commission.
 8625         4.5. There is a common advertising scheme or promotional
 8626  plan in effect for the developments sought to be aggregated.
 8627         Section 57. Subsection (17) of section 331.303, Florida
 8628  Statutes, is amended to read:
 8629         331.303 Definitions.—
 8630         (17) “Spaceport launch facilities” means industrial
 8631  facilities as described in s. 380.0651(3)(c), Florida Statutes
 8632  2010, and include any launch pad, launch control center, and
 8633  fixed launch-support equipment.
 8634         Section 58. Subsection (1) of section 380.115, Florida
 8635  Statutes, is amended to read:
 8636         380.115 Vested rights and duties; effect of size reduction,
 8637  changes in guidelines and standards.—
 8638         (1) A change in a development-of-regional-impact guideline
 8639  and standard does not abridge or modify any vested or other
 8640  right or any duty or obligation pursuant to any development
 8641  order or agreement that is applicable to a development of
 8642  regional impact. A development that has received a development
 8643  of-regional-impact development order pursuant to s. 380.06, but
 8644  is no longer required to undergo development-of-regional-impact
 8645  review by operation of a change in the guidelines and standards
 8646  or has reduced its size below the thresholds in s. 380.0651, or
 8647  a development that is exempt pursuant to s. 380.06(29) shall be
 8648  governed by the following procedures:
 8649         (a) The development shall continue to be governed by the
 8650  development-of-regional-impact development order and may be
 8651  completed in reliance upon and pursuant to the development order
 8652  unless the developer or landowner has followed the procedures
 8653  for rescission in paragraph (b). Any proposed changes to those
 8654  developments which continue to be governed by a development
 8655  order shall be approved pursuant to s. 380.06(19) as it existed
 8656  prior to a change in the development-of-regional-impact
 8657  guidelines and standards, except that all percentage criteria
 8658  shall be doubled and all other criteria shall be increased by 10
 8659  percent. The development-of-regional-impact development order
 8660  may be enforced by the local government as provided by ss.
 8661  380.06(17) and 380.11.
 8662         (b) If requested by the developer or landowner, the
 8663  development-of-regional-impact development order shall be
 8664  rescinded by the local government having jurisdiction upon a
 8665  showing that all required mitigation related to the amount of
 8666  development that existed on the date of rescission has been
 8667  completed.
 8668         Section 59. Paragraph (a) of subsection (8) of section
 8669  380.061, Florida Statutes, is amended to read:
 8670         380.061 The Florida Quality Developments program.—
 8671         (8)(a) Any local government comprehensive plan amendments
 8672  related to a Florida Quality Development may be initiated by a
 8673  local planning agency and considered by the local governing body
 8674  at the same time as the application for development approval,
 8675  using the procedures provided for local plan amendment in s.
 8676  163.3187 or s. 163.3189 and applicable local ordinances, without
 8677  regard to statutory or local ordinance limits on the frequency
 8678  of consideration of amendments to the local comprehensive plan.
 8679  Nothing in this subsection shall be construed to require
 8680  favorable consideration of a Florida Quality Development solely
 8681  because it is related to a development of regional impact.
 8682         Section 60. Paragraph (a) of subsection (2) and subsection
 8683  (10) of section 380.065, Florida Statutes, are amended to read:
 8684         380.065 Certification of local government review of
 8685  development.—
 8686         (2) When a petition is filed, the state land planning
 8687  agency shall have no more than 90 days to prepare and submit to
 8688  the Administration Commission a report and recommendations on
 8689  the proposed certification. In deciding whether to grant
 8690  certification, the Administration Commission shall determine
 8691  whether the following criteria are being met:
 8692         (a) The petitioning local government has adopted and
 8693  effectively implemented a local comprehensive plan and
 8694  development regulations which comply with ss. 163.3161-163.3215,
 8695  the Community Local Government Comprehensive Planning and Land
 8696  Development Regulation Act.
 8697         (10) The department shall submit an annual progress report
 8698  to the President of the Senate and the Speaker of the House of
 8699  Representatives by March 1 on the certification of local
 8700  governments, stating which local governments have been
 8701  certified. For those local governments which have applied for
 8702  certification but for which certification has been denied, the
 8703  department shall specify the reasons certification was denied.
 8704         Section 61. Section 380.0685, Florida Statutes, is amended
 8705  to read:
 8706         380.0685 State park in area of critical state concern in
 8707  county which creates land authority; surcharge on admission and
 8708  overnight occupancy.—The Department of Environmental Protection
 8709  shall impose and collect a surcharge of 50 cents per person per
 8710  day, or $5 per annual family auto entrance permit, on admission
 8711  to all state parks in areas of critical state concern located in
 8712  a county which creates a land authority pursuant to s.
 8713  380.0663(1), and a surcharge of $2.50 per night per campsite,
 8714  cabin, or other overnight recreational occupancy unit in state
 8715  parks in areas of critical state concern located in a county
 8716  which creates a land authority pursuant to s. 380.0663(1);
 8717  however, no surcharge shall be imposed or collected under this
 8718  section for overnight use by nonprofit groups of organized group
 8719  camps, primitive camping areas, or other facilities intended
 8720  primarily for organized group use. Such surcharges shall be
 8721  imposed within 90 days after any county creating a land
 8722  authority notifies the Department of Environmental Protection
 8723  that the land authority has been created. The proceeds from such
 8724  surcharges, less a collection fee that shall be kept by the
 8725  Department of Environmental Protection for the actual cost of
 8726  collection, not to exceed 2 percent, shall be transmitted to the
 8727  land authority of the county from which the revenue was
 8728  generated. Such funds shall be used to purchase property in the
 8729  area or areas of critical state concern in the county from which
 8730  the revenue was generated. An amount not to exceed 10 percent
 8731  may be used for administration and other costs incident to such
 8732  purchases. However, the proceeds of the surcharges imposed and
 8733  collected pursuant to this section in a state park or parks
 8734  located wholly within a municipality, less the costs of
 8735  collection as provided herein, shall be transmitted to that
 8736  municipality for use by the municipality for land acquisition or
 8737  for beach renourishment or restoration, including, but not
 8738  limited to, costs associated with any design, permitting,
 8739  monitoring, and mitigation of such work, as well as the work
 8740  itself. However, these funds may not be included in any
 8741  calculation used for providing state matching funds for local
 8742  contributions for beach renourishment or restoration. The
 8743  surcharges levied under this section shall remain imposed as
 8744  long as the land authority is in existence.
 8745         Section 62. Subsection (3) of section 380.115, Florida
 8746  Statutes, is amended to read:
 8747         380.115 Vested rights and duties; effect of size reduction,
 8748  changes in guidelines and standards.—
 8749         (3) A landowner that has filed an application for a
 8750  development-of-regional-impact review prior to the adoption of a
 8751  an optional sector plan pursuant to s. 163.3245 may elect to
 8752  have the application reviewed pursuant to s. 380.06,
 8753  comprehensive plan provisions in force prior to adoption of the
 8754  sector plan, and any requested comprehensive plan amendments
 8755  that accompany the application.
 8756         Section 63. Subsection (1) of section 403.50665, Florida
 8757  Statutes, is amended to read:
 8758         403.50665 Land use consistency.—
 8759         (1) The applicant shall include in the application a
 8760  statement on the consistency of the site and any associated
 8761  facilities that constitute a “development,” as defined in s.
 8762  380.04, with existing land use plans and zoning ordinances that
 8763  were in effect on the date the application was filed and a full
 8764  description of such consistency. This information shall include
 8765  an identification of those associated facilities that the
 8766  applicant believes are exempt from the requirements of land use
 8767  plans and zoning ordinances under the provisions of the
 8768  Community Local Government Comprehensive Planning and Land
 8769  Development Regulation Act provisions of chapter 163 and s.
 8770  380.04(3).
 8771         Section 64. Subsection (13) and paragraph (a) of subsection
 8772  (14) of section 403.973, Florida Statutes, are amended to read:
 8773         403.973 Expedited permitting; amendments to comprehensive
 8774  plans.—
 8775         (13) Notwithstanding any other provisions of law:
 8776         (a) Local comprehensive plan amendments for projects
 8777  qualified under this section are exempt from the twice-a-year
 8778  limits provision in s. 163.3187; and
 8779         (b) Projects qualified under this section are not subject
 8780  to interstate highway level-of-service standards adopted by the
 8781  Department of Transportation for concurrency purposes. The
 8782  memorandum of agreement specified in subsection (5) must include
 8783  a process by which the applicant will be assessed a fair share
 8784  of the cost of mitigating the project’s significant traffic
 8785  impacts, as defined in chapter 380 and related rules. The
 8786  agreement must also specify whether the significant traffic
 8787  impacts on the interstate system will be mitigated through the
 8788  implementation of a project or payment of funds to the
 8789  Department of Transportation. Where funds are paid, the
 8790  Department of Transportation must include in the 5-year work
 8791  program transportation projects or project phases, in an amount
 8792  equal to the funds received, to mitigate the traffic impacts
 8793  associated with the proposed project.
 8794         (14)(a) Challenges to state agency action in the expedited
 8795  permitting process for projects processed under this section are
 8796  subject to the summary hearing provisions of s. 120.574, except
 8797  that the administrative law judge’s decision, as provided in s.
 8798  120.574(2)(f), shall be in the form of a recommended order and
 8799  do shall not constitute the final action of the state agency. In
 8800  those proceedings where the action of only one agency of the
 8801  state other than the Department of Environmental Protection is
 8802  challenged, the agency of the state shall issue the final order
 8803  within 45 working days after receipt of the administrative law
 8804  judge’s recommended order, and the recommended order shall
 8805  inform the parties of their right to file exceptions or
 8806  responses to the recommended order in accordance with the
 8807  uniform rules of procedure pursuant to s. 120.54. In those
 8808  proceedings where the actions of more than one agency of the
 8809  state are challenged, the Governor shall issue the final order
 8810  within 45 working days after receipt of the administrative law
 8811  judge’s recommended order, and the recommended order shall
 8812  inform the parties of their right to file exceptions or
 8813  responses to the recommended order in accordance with the
 8814  uniform rules of procedure pursuant to s. 120.54. This paragraph
 8815  does not apply to the issuance of department licenses required
 8816  under any federally delegated or approved permit program. In
 8817  such instances, the department shall enter the final order. The
 8818  participating agencies of the state may opt at the preliminary
 8819  hearing conference to allow the administrative law judge’s
 8820  decision to constitute the final agency action. If a
 8821  participating local government agrees to participate in the
 8822  summary hearing provisions of s. 120.574 for purposes of review
 8823  of local government comprehensive plan amendments, s.
 8824  163.3184(9) and (10) apply.
 8825         Section 65. Subsections (9) and (10) of section 420.5095,
 8826  Florida Statutes, are amended to read:
 8827         420.5095 Community Workforce Housing Innovation Pilot
 8828  Program.—
 8829         (9) Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any local
 8830  government comprehensive plan amendment to implement a Community
 8831  Workforce Housing Innovation Pilot Program project found
 8832  consistent with the provisions of this section shall be
 8833  expedited as provided in this subsection. At least 30 days prior
 8834  to adopting a plan amendment under this subsection, the local
 8835  government shall notify the state land planning agency of its
 8836  intent to adopt such an amendment, and the notice shall include
 8837  its evaluation related to site suitability and availability of
 8838  facilities and services. The public notice of the hearing
 8839  required by s. 163.3184(11)(15)(b)2. shall include a statement
 8840  that the local government intends to use the expedited adoption
 8841  process authorized by this subsection. Such amendments shall
 8842  require only a single public hearing before the governing board,
 8843  which shall be an adoption hearing as described in s.
 8844  163.3184(4)(e)(7). The state land planning agency shall issue
 8845  its notice of intent pursuant to s. 163.3184(8) within 30 days
 8846  after determining that the amendment package is complete. Any
 8847  further proceedings shall be governed by s. ss. 163.3184(5)
 8848  (13)(9)-(16). Amendments proposed under this section are not
 8849  subject to s. 163.3187(1), which limits the adoption of a
 8850  comprehensive plan amendment to no more than two times during
 8851  any calendar year.
 8852         (10) The processing of approvals of development orders or
 8853  development permits, as defined in s. 163.3164(7) and (8), for
 8854  innovative community workforce housing projects shall be
 8855  expedited.
 8856         Section 66. Subsection (5) of section 420.615, Florida
 8857  Statutes, is amended to read:
 8858         420.615 Affordable housing land donation density bonus
 8859  incentives.—
 8860         (5) The local government, as part of the approval process,
 8861  shall adopt a comprehensive plan amendment, pursuant to part II
 8862  of chapter 163, for the receiving land that incorporates the
 8863  density bonus. Such amendment shall be adopted in the manner as
 8864  required for small-scale amendments pursuant to s. 163.3187, is
 8865  not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
 8866  and is exempt from the limitation on the frequency of plan
 8867  amendments as provided in s. 163.3187.
 8868         Section 67. Subsection (16) of section 420.9071, Florida
 8869  Statutes, is amended to read:
 8870         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 8871  term:
 8872         (16) “Local housing incentive strategies” means local
 8873  regulatory reform or incentive programs to encourage or
 8874  facilitate affordable housing production, which include at a
 8875  minimum, assurance that permits as defined in s. 163.3164(7) and
 8876  (8) for affordable housing projects are expedited to a greater
 8877  degree than other projects; an ongoing process for review of
 8878  local policies, ordinances, regulations, and plan provisions
 8879  that increase the cost of housing prior to their adoption; and a
 8880  schedule for implementing the incentive strategies. Local
 8881  housing incentive strategies may also include other regulatory
 8882  reforms, such as those enumerated in s. 420.9076 or those
 8883  recommended by the affordable housing advisory committee in its
 8884  triennial evaluation of the implementation of affordable housing
 8885  incentives, and adopted by the local governing body.
 8886         Section 68. Paragraph (a) of subsection (4) of section
 8887  420.9076, Florida Statutes, is amended to read:
 8888         420.9076 Adoption of affordable housing incentive
 8889  strategies; committees.—
 8890         (4) Triennially, the advisory committee shall review the
 8891  established policies and procedures, ordinances, land
 8892  development regulations, and adopted local government
 8893  comprehensive plan of the appointing local government and shall
 8894  recommend specific actions or initiatives to encourage or
 8895  facilitate affordable housing while protecting the ability of
 8896  the property to appreciate in value. The recommendations may
 8897  include the modification or repeal of existing policies,
 8898  procedures, ordinances, regulations, or plan provisions; the
 8899  creation of exceptions applicable to affordable housing; or the
 8900  adoption of new policies, procedures, regulations, ordinances,
 8901  or plan provisions, including recommendations to amend the local
 8902  government comprehensive plan and corresponding regulations,
 8903  ordinances, and other policies. At a minimum, each advisory
 8904  committee shall submit a report to the local governing body that
 8905  includes recommendations on, and triennially thereafter
 8906  evaluates the implementation of, affordable housing incentives
 8907  in the following areas:
 8908         (a) The processing of approvals of development orders or
 8909  permits, as defined in s. 163.3164(7) and (8), for affordable
 8910  housing projects is expedited to a greater degree than other
 8911  projects.
 8912  
 8913  The advisory committee recommendations may also include other
 8914  affordable housing incentives identified by the advisory
 8915  committee. Local governments that receive the minimum allocation
 8916  under the State Housing Initiatives Partnership Program shall
 8917  perform the initial review but may elect to not perform the
 8918  triennial review.
 8919         Section 69. Subsection (1) of section 720.403, Florida
 8920  Statutes, is amended to read:
 8921         720.403 Preservation of residential communities; revival of
 8922  declaration of covenants.—
 8923         (1) Consistent with required and optional elements of local
 8924  comprehensive plans and other applicable provisions of the
 8925  Community Local Government Comprehensive Planning and Land
 8926  Development Regulation Act, homeowners are encouraged to
 8927  preserve existing residential communities, promote available and
 8928  affordable housing, protect structural and aesthetic elements of
 8929  their residential community, and, as applicable, maintain roads
 8930  and streets, easements, water and sewer systems, utilities,
 8931  drainage improvements, conservation and open areas, recreational
 8932  amenities, and other infrastructure and common areas that serve
 8933  and support the residential community by the revival of a
 8934  previous declaration of covenants and other governing documents
 8935  that may have ceased to govern some or all parcels in the
 8936  community.
 8937         Section 70. Subsection (6) of section 1013.30, Florida
 8938  Statutes, is amended to read:
 8939         1013.30 University campus master plans and campus
 8940  development agreements.—
 8941         (6) Before a campus master plan is adopted, a copy of the
 8942  draft master plan must be sent for review or made available
 8943  electronically to the host and any affected local governments,
 8944  the state land planning agency, the Department of Environmental
 8945  Protection, the Department of Transportation, the Department of
 8946  State, the Fish and Wildlife Conservation Commission, and the
 8947  applicable water management district and regional planning
 8948  council. At the request of a governmental entity, a hard copy of
 8949  the draft master plan shall be submitted within 7 business days
 8950  of an electronic copy being made available. These agencies must
 8951  be given 90 days after receipt of the campus master plans in
 8952  which to conduct their review and provide comments to the
 8953  university board of trustees. The commencement of this review
 8954  period must be advertised in newspapers of general circulation
 8955  within the host local government and any affected local
 8956  government to allow for public comment. Following receipt and
 8957  consideration of all comments and the holding of an informal
 8958  information session and at least two public hearings within the
 8959  host jurisdiction, the university board of trustees shall adopt
 8960  the campus master plan. It is the intent of the Legislature that
 8961  the university board of trustees comply with the notice
 8962  requirements set forth in s. 163.3184(11)(15) to ensure full
 8963  public participation in this planning process. The informal
 8964  public information session must be held before the first public
 8965  hearing. The first public hearing shall be held before the draft
 8966  master plan is sent to the agencies specified in this
 8967  subsection. The second public hearing shall be held in
 8968  conjunction with the adoption of the draft master plan by the
 8969  university board of trustees. Campus master plans developed
 8970  under this section are not rules and are not subject to chapter
 8971  120 except as otherwise provided in this section.
 8972         Section 71. Section 1013.33, Florida Statutes, are amended
 8973  to read:
 8974         1013.33 Coordination of planning with local governing
 8975  bodies.—
 8976         (1) It is the policy of this state to require the
 8977  coordination of planning between boards and local governing
 8978  bodies to ensure that plans for the construction and opening of
 8979  public educational facilities are facilitated and coordinated in
 8980  time and place with plans for residential development,
 8981  concurrently with other necessary services. Such planning shall
 8982  include the integration of the educational facilities plan and
 8983  applicable policies and procedures of a board with the local
 8984  comprehensive plan and land development regulations of local
 8985  governments. The planning must include the consideration of
 8986  allowing students to attend the school located nearest their
 8987  homes when a new housing development is constructed near a
 8988  county boundary and it is more feasible to transport the
 8989  students a short distance to an existing facility in an adjacent
 8990  county than to construct a new facility or transport students
 8991  longer distances in their county of residence. The planning must
 8992  also consider the effects of the location of public education
 8993  facilities, including the feasibility of keeping central city
 8994  facilities viable, in order to encourage central city
 8995  redevelopment and the efficient use of infrastructure and to
 8996  discourage uncontrolled urban sprawl. In addition, all parties
 8997  to the planning process must consult with state and local road
 8998  departments to assist in implementing the Safe Paths to Schools
 8999  program administered by the Department of Transportation.
 9000         (2)(a) The school board, county, and nonexempt
 9001  municipalities located within the geographic area of a school
 9002  district shall enter into an interlocal agreement that jointly
 9003  establishes the specific ways in which the plans and processes
 9004  of the district school board and the local governments are to be
 9005  coordinated. The interlocal agreements shall be submitted to the
 9006  state land planning agency and the Office of Educational
 9007  Facilities in accordance with a schedule published by the state
 9008  land planning agency.
 9009         (b) The schedule must establish staggered due dates for
 9010  submission of interlocal agreements that are executed by both
 9011  the local government and district school board, commencing on
 9012  March 1, 2003, and concluding by December 1, 2004, and must set
 9013  the same date for all governmental entities within a school
 9014  district. However, if the county where the school district is
 9015  located contains more than 20 municipalities, the state land
 9016  planning agency may establish staggered due dates for the
 9017  submission of interlocal agreements by these municipalities. The
 9018  schedule must begin with those areas where both the number of
 9019  districtwide capital-outlay full-time-equivalent students equals
 9020  80 percent or more of the current year’s school capacity and the
 9021  projected 5-year student growth rate is 1,000 or greater, or
 9022  where the projected 5-year student growth rate is 10 percent or
 9023  greater.
 9024         (c) If the student population has declined over the 5-year
 9025  period preceding the due date for submittal of an interlocal
 9026  agreement by the local government and the district school board,
 9027  the local government and district school board may petition the
 9028  state land planning agency for a waiver of one or more of the
 9029  requirements of subsection (3). The waiver must be granted if
 9030  the procedures called for in subsection (3) are unnecessary
 9031  because of the school district’s declining school age
 9032  population, considering the district’s 5-year work program
 9033  prepared pursuant to s. 1013.35. The state land planning agency
 9034  may modify or revoke the waiver upon a finding that the
 9035  conditions upon which the waiver was granted no longer exist.
 9036  The district school board and local governments must submit an
 9037  interlocal agreement within 1 year after notification by the
 9038  state land planning agency that the conditions for a waiver no
 9039  longer exist.
 9040         (d) Interlocal agreements between local governments and
 9041  district school boards adopted pursuant to s. 163.3177 before
 9042  the effective date of subsections (2)-(7) (2)-(9) must be
 9043  updated and executed pursuant to the requirements of subsections
 9044  (2)-(7) (2)-(9), if necessary. Amendments to interlocal
 9045  agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
 9046  be submitted to the state land planning agency within 30 days
 9047  after execution by the parties for review consistent with
 9048  subsections (3) and (4). Local governments and the district
 9049  school board in each school district are encouraged to adopt a
 9050  single interlocal agreement in which all join as parties. The
 9051  state land planning agency shall assemble and make available
 9052  model interlocal agreements meeting the requirements of
 9053  subsections (2)-(7) (2)-(9) and shall notify local governments
 9054  and, jointly with the Department of Education, the district
 9055  school boards of the requirements of subsections (2)-(7) (2)
 9056  (9), the dates for compliance, and the sanctions for
 9057  noncompliance. The state land planning agency shall be available
 9058  to informally review proposed interlocal agreements. If the
 9059  state land planning agency has not received a proposed
 9060  interlocal agreement for informal review, the state land
 9061  planning agency shall, at least 60 days before the deadline for
 9062  submission of the executed agreement, renotify the local
 9063  government and the district school board of the upcoming
 9064  deadline and the potential for sanctions.
 9065         (3) At a minimum, the interlocal agreement must address
 9066  interlocal agreement requirements in s. 163.31777 and, if
 9067  applicable, s. 163.3180(6)(13)(g), except for exempt local
 9068  governments as provided in s. 163.3177(12), and must address the
 9069  following issues:
 9070         (a) A process by which each local government and the
 9071  district school board agree and base their plans on consistent
 9072  projections of the amount, type, and distribution of population
 9073  growth and student enrollment. The geographic distribution of
 9074  jurisdiction-wide growth forecasts is a major objective of the
 9075  process.
 9076         (b) A process to coordinate and share information relating
 9077  to existing and planned public school facilities, including
 9078  school renovations and closures, and local government plans for
 9079  development and redevelopment.
 9080         (c) Participation by affected local governments with the
 9081  district school board in the process of evaluating potential
 9082  school closures, significant renovations to existing schools,
 9083  and new school site selection before land acquisition. Local
 9084  governments shall advise the district school board as to the
 9085  consistency of the proposed closure, renovation, or new site
 9086  with the local comprehensive plan, including appropriate
 9087  circumstances and criteria under which a district school board
 9088  may request an amendment to the comprehensive plan for school
 9089  siting.
 9090         (d) A process for determining the need for and timing of
 9091  onsite and offsite improvements to support new construction,
 9092  proposed expansion, or redevelopment of existing schools. The
 9093  process shall address identification of the party or parties
 9094  responsible for the improvements.
 9095         (e) A process for the school board to inform the local
 9096  government regarding the effect of comprehensive plan amendments
 9097  on school capacity. The capacity reporting must be consistent
 9098  with laws and rules regarding measurement of school facility
 9099  capacity and must also identify how the district school board
 9100  will meet the public school demand based on the facilities work
 9101  program adopted pursuant to s. 1013.35.
 9102         (f) Participation of the local governments in the
 9103  preparation of the annual update to the school board’s 5-year
 9104  district facilities work program and educational plant survey
 9105  prepared pursuant to s. 1013.35.
 9106         (g) A process for determining where and how joint use of
 9107  either school board or local government facilities can be shared
 9108  for mutual benefit and efficiency.
 9109         (h) A procedure for the resolution of disputes between the
 9110  district school board and local governments, which may include
 9111  the dispute resolution processes contained in chapters 164 and
 9112  186.
 9113         (i) An oversight process, including an opportunity for
 9114  public participation, for the implementation of the interlocal
 9115  agreement.
 9116         (4)(a) The Office of Educational Facilities shall submit
 9117  any comments or concerns regarding the executed interlocal
 9118  agreement to the state land planning agency within 30 days after
 9119  receipt of the executed interlocal agreement. The state land
 9120  planning agency shall review the executed interlocal agreement
 9121  to determine whether it is consistent with the requirements of
 9122  subsection (3), the adopted local government comprehensive plan,
 9123  and other requirements of law. Within 60 days after receipt of
 9124  an executed interlocal agreement, the state land planning agency
 9125  shall publish a notice of intent in the Florida Administrative
 9126  Weekly and shall post a copy of the notice on the agency’s
 9127  Internet site. The notice of intent must state that the
 9128  interlocal agreement is consistent or inconsistent with the
 9129  requirements of subsection (3) and this subsection as
 9130  appropriate.
 9131         (b) The state land planning agency’s notice is subject to
 9132  challenge under chapter 120; however, an affected person, as
 9133  defined in s. 163.3184(1)(a), has standing to initiate the
 9134  administrative proceeding, and this proceeding is the sole means
 9135  available to challenge the consistency of an interlocal
 9136  agreement required by this section with the criteria contained
 9137  in subsection (3) and this subsection. In order to have
 9138  standing, each person must have submitted oral or written
 9139  comments, recommendations, or objections to the local government
 9140  or the school board before the adoption of the interlocal
 9141  agreement by the district school board and local government. The
 9142  district school board and local governments are parties to any
 9143  such proceeding. In this proceeding, when the state land
 9144  planning agency finds the interlocal agreement to be consistent
 9145  with the criteria in subsection (3) and this subsection, the
 9146  interlocal agreement must be determined to be consistent with
 9147  subsection (3) and this subsection if the local government’s and
 9148  school board’s determination of consistency is fairly debatable.
 9149  When the state land planning agency finds the interlocal
 9150  agreement to be inconsistent with the requirements of subsection
 9151  (3) and this subsection, the local government’s and school
 9152  board’s determination of consistency shall be sustained unless
 9153  it is shown by a preponderance of the evidence that the
 9154  interlocal agreement is inconsistent.
 9155         (c) If the state land planning agency enters a final order
 9156  that finds that the interlocal agreement is inconsistent with
 9157  the requirements of subsection (3) or this subsection, the state
 9158  land planning agency shall forward it to the Administration
 9159  Commission, which may impose sanctions against the local
 9160  government pursuant to s. 163.3184(11) and may impose sanctions
 9161  against the district school board by directing the Department of
 9162  Education to withhold an equivalent amount of funds for school
 9163  construction available pursuant to ss. 1013.65, 1013.68,
 9164  1013.70, and 1013.72.
 9165         (5) If an executed interlocal agreement is not timely
 9166  submitted to the state land planning agency for review, the
 9167  state land planning agency shall, within 15 working days after
 9168  the deadline for submittal, issue to the local government and
 9169  the district school board a notice to show cause why sanctions
 9170  should not be imposed for failure to submit an executed
 9171  interlocal agreement by the deadline established by the agency.
 9172  The agency shall forward the notice and the responses to the
 9173  Administration Commission, which may enter a final order citing
 9174  the failure to comply and imposing sanctions against the local
 9175  government and district school board by directing the
 9176  appropriate agencies to withhold at least 5 percent of state
 9177  funds pursuant to s. 163.3184(11) and by directing the
 9178  Department of Education to withhold from the district school
 9179  board at least 5 percent of funds for school construction
 9180  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 9181  1013.72.
 9182         (6) Any local government transmitting a public school
 9183  element to implement school concurrency pursuant to the
 9184  requirements of s. 163.3180 before the effective date of this
 9185  section is not required to amend the element or any interlocal
 9186  agreement to conform with the provisions of subsections (2)-(6)
 9187  (2)-(8) if the element is adopted prior to or within 1 year
 9188  after the effective date of subsections (2)-(6) (2)-(8) and
 9189  remains in effect.
 9190         (7) Except as provided in subsection (8), municipalities
 9191  meeting the exemption criteria in s. 163.3177(12) are exempt
 9192  from the requirements of subsections (2), (3), and (4).
 9193         (8) At the time of the evaluation and appraisal report,
 9194  each exempt municipality shall assess the extent to which it
 9195  continues to meet the criteria for exemption under s.
 9196  163.3177(12). If the municipality continues to meet these
 9197  criteria, the municipality shall continue to be exempt from the
 9198  interlocal agreement requirement. Each municipality exempt under
 9199  s. 163.3177(12) must comply with the provisions of subsections
 9200  (2)-(8) within 1 year after the district school board proposes,
 9201  in its 5-year district facilities work program, a new school
 9202  within the municipality’s jurisdiction.
 9203         (7)(9) A board and the local governing body must share and
 9204  coordinate information related to existing and planned school
 9205  facilities; proposals for development, redevelopment, or
 9206  additional development; and infrastructure required to support
 9207  the school facilities, concurrent with proposed development. A
 9208  school board shall use information produced by the demographic,
 9209  revenue, and education estimating conferences pursuant to s.
 9210  216.136 when preparing the district educational facilities plan
 9211  pursuant to s. 1013.35, as modified and agreed to by the local
 9212  governments, when provided by interlocal agreement, and the
 9213  Office of Educational Facilities, in consideration of local
 9214  governments’ population projections, to ensure that the district
 9215  educational facilities plan not only reflects enrollment
 9216  projections but also considers applicable municipal and county
 9217  growth and development projections. The projections must be
 9218  apportioned geographically with assistance from the local
 9219  governments using local government trend data and the school
 9220  district student enrollment data. A school board is precluded
 9221  from siting a new school in a jurisdiction where the school
 9222  board has failed to provide the annual educational facilities
 9223  plan for the prior year required pursuant to s. 1013.35 unless
 9224  the failure is corrected.
 9225         (8)(10) The location of educational facilities shall be
 9226  consistent with the comprehensive plan of the appropriate local
 9227  governing body developed under part II of chapter 163 and
 9228  consistent with the plan’s implementing land development
 9229  regulations.
 9230         (9)(11) To improve coordination relative to potential
 9231  educational facility sites, a board shall provide written notice
 9232  to the local government that has regulatory authority over the
 9233  use of the land consistent with an interlocal agreement entered
 9234  pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
 9235  to acquiring or leasing property that may be used for a new
 9236  public educational facility. The local government, upon receipt
 9237  of this notice, shall notify the board within 45 days if the
 9238  site proposed for acquisition or lease is consistent with the
 9239  land use categories and policies of the local government’s
 9240  comprehensive plan. This preliminary notice does not constitute
 9241  the local government’s determination of consistency pursuant to
 9242  subsection (10) (12).
 9243         (10)(12) As early in the design phase as feasible and
 9244  consistent with an interlocal agreement entered pursuant to
 9245  subsections (2)-(6) (2)-(8), but no later than 90 days before
 9246  commencing construction, the district school board shall in
 9247  writing request a determination of consistency with the local
 9248  government’s comprehensive plan. The local governing body that
 9249  regulates the use of land shall determine, in writing within 45
 9250  days after receiving the necessary information and a school
 9251  board’s request for a determination, whether a proposed
 9252  educational facility is consistent with the local comprehensive
 9253  plan and consistent with local land development regulations. If
 9254  the determination is affirmative, school construction may
 9255  commence and further local government approvals are not
 9256  required, except as provided in this section. Failure of the
 9257  local governing body to make a determination in writing within
 9258  90 days after a district school board’s request for a
 9259  determination of consistency shall be considered an approval of
 9260  the district school board’s application. Campus master plans and
 9261  development agreements must comply with the provisions of ss.
 9262  1013.30 and 1013.63.
 9263         (11)(13) A local governing body may not deny the site
 9264  applicant based on adequacy of the site plan as it relates
 9265  solely to the needs of the school. If the site is consistent
 9266  with the comprehensive plan’s land use policies and categories
 9267  in which public schools are identified as allowable uses, the
 9268  local government may not deny the application but it may impose
 9269  reasonable development standards and conditions in accordance
 9270  with s. 1013.51(1) and consider the site plan and its adequacy
 9271  as it relates to environmental concerns, health, safety and
 9272  welfare, and effects on adjacent property. Standards and
 9273  conditions may not be imposed which conflict with those
 9274  established in this chapter or the Florida Building Code, unless
 9275  mutually agreed and consistent with the interlocal agreement
 9276  required by subsections (2)-(6) (2)-(8).
 9277         (12)(14) This section does not prohibit a local governing
 9278  body and district school board from agreeing and establishing an
 9279  alternative process for reviewing a proposed educational
 9280  facility and site plan, and offsite impacts, pursuant to an
 9281  interlocal agreement adopted in accordance with subsections (2)
 9282  (6) (2)-(8).
 9283         (13)(15) Existing schools shall be considered consistent
 9284  with the applicable local government comprehensive plan adopted
 9285  under part II of chapter 163. If a board submits an application
 9286  to expand an existing school site, the local governing body may
 9287  impose reasonable development standards and conditions on the
 9288  expansion only, and in a manner consistent with s. 1013.51(1).
 9289  Standards and conditions may not be imposed which conflict with
 9290  those established in this chapter or the Florida Building Code,
 9291  unless mutually agreed. Local government review or approval is
 9292  not required for:
 9293         (a) The placement of temporary or portable classroom
 9294  facilities; or
 9295         (b) Proposed renovation or construction on existing school
 9296  sites, with the exception of construction that changes the
 9297  primary use of a facility, includes stadiums, or results in a
 9298  greater than 5 percent increase in student capacity, or as
 9299  mutually agreed upon, pursuant to an interlocal agreement
 9300  adopted in accordance with subsections (2)-(6)(8).
 9301         Section 72. Paragraph (b) of subsection (2) of section
 9302  1013.35, Florida Statutes, is amended to read:
 9303         1013.35 School district educational facilities plan;
 9304  definitions; preparation, adoption, and amendment; long-term
 9305  work programs.—
 9306         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 9307  FACILITIES PLAN.—
 9308         (b) The plan must also include a financially feasible
 9309  district facilities work program for a 5-year period. The work
 9310  program must include:
 9311         1. A schedule of major repair and renovation projects
 9312  necessary to maintain the educational facilities and ancillary
 9313  facilities of the district.
 9314         2. A schedule of capital outlay projects necessary to
 9315  ensure the availability of satisfactory student stations for the
 9316  projected student enrollment in K-12 programs. This schedule
 9317  shall consider:
 9318         a. The locations, capacities, and planned utilization rates
 9319  of current educational facilities of the district. The capacity
 9320  of existing satisfactory facilities, as reported in the Florida
 9321  Inventory of School Houses must be compared to the capital
 9322  outlay full-time-equivalent student enrollment as determined by
 9323  the department, including all enrollment used in the calculation
 9324  of the distribution formula in s. 1013.64.
 9325         b. The proposed locations of planned facilities, whether
 9326  those locations are consistent with the comprehensive plans of
 9327  all affected local governments, and recommendations for
 9328  infrastructure and other improvements to land adjacent to
 9329  existing facilities. The provisions of ss. 1013.33(10), (11),
 9330  and (12), (13), and (14) and 1013.36 must be addressed for new
 9331  facilities planned within the first 3 years of the work plan, as
 9332  appropriate.
 9333         c. Plans for the use and location of relocatable
 9334  facilities, leased facilities, and charter school facilities.
 9335         d. Plans for multitrack scheduling, grade level
 9336  organization, block scheduling, or other alternatives that
 9337  reduce the need for additional permanent student stations.
 9338         e. Information concerning average class size and
 9339  utilization rate by grade level within the district which will
 9340  result if the tentative district facilities work program is
 9341  fully implemented.
 9342         f. The number and percentage of district students planned
 9343  to be educated in relocatable facilities during each year of the
 9344  tentative district facilities work program. For determining
 9345  future needs, student capacity may not be assigned to any
 9346  relocatable classroom that is scheduled for elimination or
 9347  replacement with a permanent educational facility in the current
 9348  year of the adopted district educational facilities plan and in
 9349  the district facilities work program adopted under this section.
 9350  Those relocatable classrooms clearly identified and scheduled
 9351  for replacement in a school-board-adopted, financially feasible,
 9352  5-year district facilities work program shall be counted at zero
 9353  capacity at the time the work program is adopted and approved by
 9354  the school board. However, if the district facilities work
 9355  program is changed and the relocatable classrooms are not
 9356  replaced as scheduled in the work program, the classrooms must
 9357  be reentered into the system and be counted at actual capacity.
 9358  Relocatable classrooms may not be perpetually added to the work
 9359  program or continually extended for purposes of circumventing
 9360  this section. All relocatable classrooms not identified and
 9361  scheduled for replacement, including those owned, lease
 9362  purchased, or leased by the school district, must be counted at
 9363  actual student capacity. The district educational facilities
 9364  plan must identify the number of relocatable student stations
 9365  scheduled for replacement during the 5-year survey period and
 9366  the total dollar amount needed for that replacement.
 9367         g. Plans for the closure of any school, including plans for
 9368  disposition of the facility or usage of facility space, and
 9369  anticipated revenues.
 9370         h. Projects for which capital outlay and debt service funds
 9371  accruing under s. 9(d), Art. XII of the State Constitution are
 9372  to be used shall be identified separately in priority order on a
 9373  project priority list within the district facilities work
 9374  program.
 9375         3. The projected cost for each project identified in the
 9376  district facilities work program. For proposed projects for new
 9377  student stations, a schedule shall be prepared comparing the
 9378  planned cost and square footage for each new student station, by
 9379  elementary, middle, and high school levels, to the low, average,
 9380  and high cost of facilities constructed throughout the state
 9381  during the most recent fiscal year for which data is available
 9382  from the Department of Education.
 9383         4. A schedule of estimated capital outlay revenues from
 9384  each currently approved source which is estimated to be
 9385  available for expenditure on the projects included in the
 9386  district facilities work program.
 9387         5. A schedule indicating which projects included in the
 9388  district facilities work program will be funded from current
 9389  revenues projected in subparagraph 4.
 9390         6. A schedule of options for the generation of additional
 9391  revenues by the district for expenditure on projects identified
 9392  in the district facilities work program which are not funded
 9393  under subparagraph 5. Additional anticipated revenues may
 9394  include effort index grants, SIT Program awards, and Classrooms
 9395  First funds.
 9396         Section 73. Rules 9J-5 and 9J-11.023, Florida
 9397  Administrative Code, are repealed, and the Department of State
 9398  is directed to remove those rules from the Florida
 9399  Administrative Code.
 9400         Section 74.(1) Any permit or any other authorization that
 9401  was extended, under section 14 of chapter 2009-96, Laws of
 9402  Florida, as reauthorized by section 47 of chapter 2010-147, Laws
 9403  of Florida, is extended and renewed for an additional period of
 9404  2 years after its previously scheduled expiration date. This
 9405  extension is in addition to the 2-year permit extension provided
 9406  under section 14 of chapter 2009-96, Laws of Florida, as
 9407  reauthorized by section 47 of chapter 2010-147, Laws of Florida.
 9408  This section does not prohibit conversion from the construction
 9409  phase to the operation phase upon completion of construction.
 9410  Permits that were extended by a total of 4 years, pursuant to
 9411  section 14 of chapter 2009-96, Laws of Florida, as reauthorized
 9412  by section 47 of chapter 2010-147, Laws of Florida, and by
 9413  section 46 of chapter 2010-147, Laws of Florida, cannot be
 9414  further extended under this provision.
 9415         (2) The commencement and completion dates for any required
 9416  mitigation associated with a phased construction project shall
 9417  be extended such that mitigation takes place in the same
 9418  timeframe relative to the phase as originally permitted.
 9419         (3) The holder of a valid permit or other authorization
 9420  that is eligible for the 2-year extension shall notify the
 9421  authorizing agency in writing by December 31, 2011, identifying
 9422  the specific authorization for which the holder intends to use
 9423  the extension and the anticipated timeframe for acting on the
 9424  authorization.
 9425         (4) The extension provided for in subsection (1) does not
 9426  apply to:
 9427         (a) A permit or other authorization under any programmatic
 9428  or regional general permit issued by the Army Corps of
 9429  Engineers.
 9430         (b) A permit or other authorization held by an owner or
 9431  operator determined to be in significant noncompliance with the
 9432  conditions of the permit or authorization as established through
 9433  the issuance of a warning letter or notice of violation, the
 9434  initiation of formal enforcement, or other equivalent action by
 9435  the authorizing agency.
 9436         (c) A permit or other authorization, if granted an
 9437  extension, that would delay or prevent compliance with a court
 9438  order.
 9439         (5) Permits extended under this section shall continue to
 9440  be governed by rules in effect at the time the permit was
 9441  issued, except if it is demonstrated that the rules in effect at
 9442  the time the permit was issued would create an immediate threat
 9443  to public safety or health. This subsection applies to any
 9444  modification of the plans, terms, and conditions of the permit
 9445  that lessens the environmental impact, except that any such
 9446  modification may not extend the time limit beyond 2 additional
 9447  years.
 9448         (6) This section does not impair the authority of a county
 9449  or municipality to require the owner of a property that has
 9450  notified the county or municipality of the owner’s intention to
 9451  receive the extension of time granted pursuant to this section
 9452  to maintain and secure the property in a safe and sanitary
 9453  condition in compliance with applicable laws and ordinances.
 9454         Section 75. (1) The state land planning agency, within 60
 9455  days after the effective date of this act, shall review any
 9456  administrative or judicial proceeding filed by the agency and
 9457  pending on the effective date of this act to determine whether
 9458  the issues raised by the state land planning agency are
 9459  consistent with the revised provisions of part II of chapter
 9460  163, Florida Statutes. For each proceeding, if the agency
 9461  determines that issues have been raised that are not consistent
 9462  with the revised provisions of part II of chapter 163, Florida
 9463  Statutes, the agency shall dismiss the proceeding. If the state
 9464  land planning agency determines that one or more issues have
 9465  been raised that are consistent with the revised provisions of
 9466  part II of chapter 163, Florida Statutes, the agency shall amend
 9467  its petition within 30 days after the determination to plead
 9468  with particularity as to the manner in which the plan or plan
 9469  amendment fails to meet the revised provisions of part II of
 9470  chapter 163, Florida Statutes. If the agency fails to timely
 9471  file such amended petition, the proceeding shall be dismissed.
 9472         (2) In all proceedings that were initiated by the state
 9473  land planning agency before the effective date of this act, and
 9474  continue after that date, the local government’s determination
 9475  that the comprehensive plan or plan amendment is in compliance
 9476  is presumed to be correct, and the local government’s
 9477  determination shall be sustained unless it is shown by a
 9478  preponderance of the evidence that the comprehensive plan or
 9479  plan amendment is not in compliance.
 9480         Section 76. All local governments shall be governed by the
 9481  revised provisions of s. 163.3191, Florida Statutes,
 9482  notwithstanding a local government’s previous failure to timely
 9483  adopt its evaluation and appraisal report or evaluation and
 9484  appraisal report-based amendments by the due dates previously
 9485  established by the state land planning agency.
 9486         Section 77. A comprehensive plan amendment adopted pursuant
 9487  to s. 163.32465, subject to voter referendum by local charter,
 9488  and found in compliance prior to the effective date of this act,
 9489  may be readopted by ordinance, and shall become effective upon
 9490  approval by the local government and is not subject to review or
 9491  challenge pursuant to the provisions of s.163.32465 or s.
 9492  163.3184.
 9493         Section 78. The Department of Transportation shall develop
 9494  and submit to the President of the Senate and the Speaker of the
 9495  House of Representatives, no later than December 15, 2011, a
 9496  report on recommended changes to or alternatives to the
 9497  calculation of the proportionate share contribution in
 9498  163.3180(5)(h)3. The department’s recommendations, if any, shall
 9499  be designed to ensure development contributions to mitigate
 9500  impacts on the transportation system are assessed in
 9501  predictable, equitable and fair manner and shall be developed in
 9502  consultation with developers and representatives of local
 9503  governments.
 9504         Section 79. If any provision of this act or its application
 9505  to any person or circumstance is held invalid, the invalidity
 9506  does not affect other provisions or applications of this act
 9507  which can be given effect without the invalid provision or
 9508  application, and to this end the provisions of this act are
 9509  severable.
 9510         Section 80. (1)Except as provided in subsection (4), and
 9511  in recognition of 2011 real estate market conditions, any
 9512  building permit, and any permit issued by the Department of
 9513  Environmental Protection or by a water management district
 9514  pursuant to part IV of chapter 373, Florida Statutes, which has
 9515  an expiration date from January 1, 2012, through January 1,
 9516  2014, is extended and renewed for a period of 2 years after its
 9517  previously scheduled date of expiration. This extension includes
 9518  any local government-issued development order or building permit
 9519  including certificates of levels of service. This section does
 9520  not prohibit conversion from the construction phase to the
 9521  operation phase upon completion of construction. This extension
 9522  is in addition to any existing permit extension. Extensions
 9523  granted pursuant to this section, section 14 of chapter 2009-96,
 9524  Laws of Florida, as reauthorized by section 47 of chapter 2010
 9525  147, Laws of Florida, section 46 of chapter 2010-147, Laws of
 9526  Florida, or section 74 of this act shall not exceed 4 years in
 9527  total. Further, specific development order extensions granted
 9528  pursuant to s. 380.06(19)(c)2., cannot be further extended by
 9529  this section.
 9530         (2)The commencement and completion dates for any required
 9531  mitigation associated with a phased construction project are
 9532  extended so that mitigation takes place in the same timeframe
 9533  relative to the phase as originally permitted.
 9534         (3)The holder of a valid permit or other authorization
 9535  that is eligible for the 2-year extension must notify the
 9536  authorizing agency in writing by December 31, 2011, identifying
 9537  the specific authorization for which the holder intends to use
 9538  the extension and the anticipated timeframe for acting on the
 9539  authorization.
 9540         (4)The extension provided for in subsection (1) does not
 9541  apply to:
 9542         (a)A permit or other authorization under any programmatic
 9543  or regional general permit issued by the Army Corps of
 9544  Engineers.
 9545         (b)A permit or other authorization held by an owner or
 9546  operator determined to be in significant noncompliance with the
 9547  conditions of the permit or authorization as established through
 9548  the issuance of a warning letter or notice of violation, the
 9549  initiation of formal enforcement, or other equivalent action by
 9550  the authorizing agency.
 9551         (c)A permit or other authorization, if granted an
 9552  extension that would delay or prevent compliance with a court
 9553  order.
 9554         (5)Permits extended under this section shall continue to
 9555  be governed by the rules in effect at the time the permit was
 9556  issued, except if it is demonstrated that the rules in effect at
 9557  the time the permit was issued would create an immediate threat
 9558  to public safety or health. This provision applies to any
 9559  modification of the plans, terms, and conditions of the permit
 9560  which lessens the environmental impact, except that any such
 9561  modification does not extend the time limit beyond 2 additional
 9562  years.
 9563         (6)This section does not impair the authority of a county
 9564  or municipality to require the owner of a property that has
 9565  notified the county or municipality of the owner’s intent to
 9566  receive the extension of time granted pursuant to this section
 9567  to maintain and secure the property in a safe and sanitary
 9568  condition in compliance with applicable laws and ordinances.
 9569         Section 81. The Division of Statutory Revision is directed
 9570  to replace the phrase “the effective date of this act” wherever
 9571  it occurs in this act with the date this act becomes a law.
 9572  Section 82. This act shall take effect upon becoming a law.
 9573  
 9574  ================= T I T L E  A M E N D M E N T ================
 9575         And the title is amended as follows:
 9576         Delete everything before the enacting clause
 9577  and insert:
 9578                        A bill to be entitled                      
 9579         An act relating to growth management; amending s.
 9580         163.3161, F.S.; redesignating the “Local Government
 9581         Comprehensive Planning and Land Development Regulation
 9582         Act” as the “Community Planning Act”; revising and
 9583         providing intent and purpose of act; amending s.
 9584         163.3164, F.S.; revising definitions; amending s.
 9585         163.3167, F.S.; revising scope of the act; revising
 9586         and providing duties of local governments and
 9587         municipalities relating to comprehensive plans;
 9588         deleting retroactive effect; creating s. 163.3168,
 9589         F.S.; encouraging local governments to apply for
 9590         certain innovative planning tools; authorizing the
 9591         state land planning agency and other appropriate state
 9592         and regional agencies to use direct and indirect
 9593         technical assistance; amending s. 163.3171, F.S.;
 9594         providing legislative intent; amending s. 163.3174,
 9595         F.S.; deleting certain notice requirements relating to
 9596         the establishment of local planning agencies by a
 9597         governing body; amending s. 163.3175, F.S.; providing
 9598         that certain comments, underlying studies, and reports
 9599         provided by a military installation’s commanding
 9600         officer are not binding on local governments;
 9601         providing additional factors for local government
 9602         consideration in impacts to military installations;
 9603         clarifying requirements for adopting criteria to
 9604         address compatibility of lands relating to military
 9605         installations; amending s. 163.3177, F.S.; revising
 9606         and providing duties of local governments; revising
 9607         and providing required and optional elements of
 9608         comprehensive plans; revising requirements of
 9609         schedules of capital improvements; revising and
 9610         providing provisions relating to capital improvements
 9611         elements; revising major objectives of, and procedures
 9612         relating to, the local comprehensive planning process;
 9613         revising and providing required and optional elements
 9614         of future land use plans; providing required
 9615         transportation elements; revising and providing
 9616         required conservation elements; revising and providing
 9617         required housing elements; revising and providing
 9618         required coastal management elements; revising and
 9619         providing required intergovernmental coordination
 9620         elements; amending s. 163.31777, F.S.; revising
 9621         requirements relating to public schools’ interlocal
 9622         agreements; deleting duties of the Office of
 9623         Educational Facilities, the state land planning
 9624         agency, and local governments relating to such
 9625         agreements; deleting an exemption; amending s.
 9626         163.3178, F.S.; deleting a deadline for local
 9627         governments to amend coastal management elements and
 9628         future land use maps; amending s. 163.3180, F.S.;
 9629         revising and providing provisions relating to
 9630         concurrency; revising concurrency requirements;
 9631         revising application and findings; revising local
 9632         government requirements; revising and providing
 9633         requirements relating to transportation concurrency,
 9634         transportation concurrency exception areas, urban
 9635         infill, urban redevelopment, urban service, downtown
 9636         revitalization areas, transportation concurrency
 9637         management areas, long-term transportation and school
 9638         concurrency management systems, development of
 9639         regional impact, school concurrency, service areas,
 9640         financial feasibility, interlocal agreements, and
 9641         multimodal transportation districts; revising duties
 9642         of the Office of Program Policy Analysis and the state
 9643         land planning agency; providing requirements for local
 9644         plans; providing for the limiting the liability of
 9645         local governments under certain conditions; amending
 9646         s. 163.3182, F.S.; revising definitions; revising
 9647         provisions relating to transportation deficiency plans
 9648         and projects; amending s. 163.3184, F.S.; providing a
 9649         definition; providing requirements for comprehensive
 9650         plans and plan amendments; providing a expedited state
 9651         review process for adoption of comprehensive plan
 9652         amendments; providing requirements for the adoption of
 9653         comprehensive plan amendments; creating the state
 9654         coordinated review process; providing and revising
 9655         provisions relating to the review process; revising
 9656         requirements relating to local government transmittal
 9657         of proposed plan or amendments; providing for comment
 9658         by reviewing agencies; deleting provisions relating to
 9659         regional, county, and municipal review; revising
 9660         provisions relating to state land planning agency
 9661         review; revising provisions relating to local
 9662         government review of comments; deleting and revising
 9663         provisions relating to notice of intent and processes
 9664         for compliance and noncompliance; providing procedures
 9665         for administrative challenges to plans and plan
 9666         amendments; providing for compliance agreements;
 9667         providing for mediation and expeditious resolution;
 9668         revising powers and duties of the administration
 9669         commission; revising provisions relating to areas of
 9670         critical state concern; providing for concurrent
 9671         zoning; amending s. 163.3187, F.S.; deleting
 9672         provisions relating to the amendment of adopted
 9673         comprehensive plan and providing the process for
 9674         adoption of small-scale comprehensive plan amendments;
 9675         repealing s. 163.3189, F.S., relating to process for
 9676         amendment of adopted comprehensive plan; amending s.
 9677         163.3191, F.S., relating to the evaluation and
 9678         appraisal of comprehensive plans; providing and
 9679         revising local government requirements including
 9680         notice, amendments, compliance, mediation, reports,
 9681         and scoping meetings; amending s. 163.3229, F.S.;
 9682         revising limitations on duration of development
 9683         agreements; amending s. 163.3235, F.S.; revising
 9684         requirements for periodic reviews of a development
 9685         agreements; amending s. 163.3239, F.S.; revising
 9686         recording requirements; amending s. 163.3243, F.S.;
 9687         revising parties who may file an action for injunctive
 9688         relief; amending s. 163.3245, F.S.; revising
 9689         provisions relating to optional sector plans;
 9690         authorizing the adoption of sector plans under certain
 9691         circumstances; amending s. 163.3246, F.S.; revising
 9692         provisions relating to the local government
 9693         comprehensive planning certification program;
 9694         conforming provisions to changes made by the act;
 9695         deleting reporting requirements of the Office of
 9696         Program Policy Analysis and Government Accountability;
 9697         repealing s. 163.32465, F.S., relating to state review
 9698         of local comprehensive plans in urban areas; amending
 9699         s. 163.3247, F.S.; providing for future repeal and
 9700         abolition of the Century Commission for a Sustainable
 9701         Florida; creating s. 163.3248, F.S.; providing for the
 9702         designation of rural land stewardship areas; providing
 9703         purposes and requirements for the establishment of
 9704         such areas; providing for the creation of rural land
 9705         stewardship overlay zoning district and transferable
 9706         rural land use credits; providing certain limitation
 9707         relating to such credits; providing for incentives;
 9708         providing eligibility for incentives; providing
 9709         legislative intent; amending s. 380.06, F.S.; revising
 9710         requirements relating to the issuance of permits for
 9711         development by local governments; revising criteria
 9712         for the determination of substantial deviation;
 9713         providing for extension of certain expiration dates;
 9714         revising exemptions governing developments of regional
 9715         impact; revising provisions to conform to changes made
 9716         by this act; amending s. 380.0651, F.S.; revising
 9717         provisions relating to statewide guidelines and
 9718         standards for certain multiscreen movie theaters,
 9719         industrial plants, industrial parks, distribution,
 9720         warehousing and wholesaling facilities, and hotels and
 9721         motels; revising criteria for the determination of
 9722         when to treat two or more developments as a single
 9723         development; amending s. 331.303, F.S.; conforming a
 9724         cross-reference; amending s. 380.115, F.S.; subjecting
 9725         certain developments required to undergo development
 9726         of-regional-impact review to certain procedures;
 9727         amending s. 380.065, F.S.; deleting certain reporting
 9728         requirements; conforming provisions to changes made by
 9729         the act; amending s. 380.0685, F.S., relating to use
 9730         of surcharges for beach renourishment and restoration;
 9731         repealing Rules 9J-5 and 9J-11.023, Florida
 9732         Administrative Code, relating to minimum criteria for
 9733         review of local government comprehensive plans and
 9734         plan amendments, evaluation and appraisal reports,
 9735         land development regulations, and determinations of
 9736         compliance; amending ss. 70.51, 163.06, 163.2517,
 9737         163.3162, 163.3217, 163.3220, 163.3221, 163.3229,
 9738         163.360, 163.516, 171.203, 186.513, 189.415, 190.004,
 9739         190.005, 193.501, 287.042, 288.063, 288.975, 290.0475,
 9740         311.07, 331.319, 339.155, 339.2819, 369.303, 369.321,
 9741         378.021, 380.115, 380.031, 380.061, 403.50665,
 9742         403.973, 420.5095, 420.615, 420.5095, 420.9071,
 9743         420.9076, 720.403, 1013.30, 1013.33, and 1013.35,
 9744         F.S.; revising provisions to conform to changes made
 9745         by this act; extending permits and other
 9746         authorizations extended under s. 14, ch. 2009-96, Laws
 9747         of Florida; extending certain previously granted
 9748         buildout dates; requiring a permitholder to notify the
 9749         authorizing agency of its intended use of the
 9750         extension; exempting certain permits from eligibility
 9751         for an extension; providing for applicability of rules
 9752         governing permits; declaring that certain provisions
 9753         do not impair the authority of counties and
 9754         municipalities under certain circumstances; requiring
 9755         the state land planning agency to review certain
 9756         administrative and judicial proceedings; providing
 9757         procedures for such review; providing that all local
 9758         governments shall be governed by certain provisions of
 9759         general law; allowing specified amendments to be
 9760         adopted upon approval by the local government;
 9761         directing the Department of Transportation to report
 9762         on the calculation of proportionate share; providing
 9763         for severability; creating a 2-year permit extension;
 9764         providing a directive of the Division of Statutory
 9765         Revision; providing an effective date.