Amendment
Bill No. HB 7207

Amendment No. 331967

CHAMBER ACTION
Senate		House
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1	The Conference Committee on HB 7207 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause 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
61	in 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 its adoption is
64	necessary so that local governments have the ability to can
65	preserve and enhance present advantages; encourage the most
66	appropriate use of land, water, and resources, consistent with
67	the public interest; overcome present handicaps; and deal
68	effectively with future problems that may result from the use
69	and development of land within their jurisdictions. Through the
70	process of comprehensive planning, it is intended that units of
71	local 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
81	ensure assure cooperation between and among municipalities and
82	counties and to encourage and ensure assure coordination of
83	planning and development activities of units of local government
84	with the planning activities of regional agencies and state
85	government in 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
146	163.3162, Florida Statutes, are renumbered as subsections (1)
147	through (4), respectively, and present subsections (1) and (5)
148	of that 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
205	agricultural enclaves shall preempt or replace any protection
206	currently existing for any property located within the
207	boundaries of the 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
278	constructed or purchased to provide, improve, or replace a
279	public facility and which are typically large scale and high in
280	cost. The cost of a capital improvement is generally
281	nonrecurring and may require multiyear financing. For the
282	purposes of this part, physical assets that have been identified
283	as existing or projected needs in the individual comprehensive
284	plan elements shall be considered capital improvements.
285	(8)(3)  "Coastal area" means the 35 coastal counties and
286	all coastal municipalities within their boundaries designated
287	coastal by the state land planning agency.
288	(9)  "Compatibility" means a condition in which land uses
289	or conditions can coexist in relative proximity to each other in
290	a stable fashion over time such that no use or condition is
291	unduly negatively impacted directly or indirectly by another use
292	or 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
298	number of people or residential units allowed per unit of land,
299	such as 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
318	100-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
368	occurred on the land, the development that is proposed by a
369	developer on the land, or the use that is permitted or
370	permissible on the land under an adopted comprehensive plan or
371	element or portion thereof, land development regulations, or a
372	land development code, as the context may indicate.
373	(28)  "Level of service" means an indicator of the extent
374	or degree of service provided by, or proposed to be provided by,
375	a facility based on and related to the operational
376	characteristics of the facility. Level of service shall indicate
377	the capacity 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,
401	intermediate end that is achievable and marks progress toward a
402	goal.
403	(34)(16)  "Parcel of land" means any quantity of land
404	capable of being described with such definiteness that its
405	locations and boundaries may be established, which is designated
406	by its owner or developer as land to be used, or developed as, a
407	unit or which has been used or developed as a unit.
408	(35)(17)  "Person" means an individual, corporation,
409	governmental agency, business trust, estate, trust, partnership,
410	association, two or more persons having a joint or common
411	interest, or any other legal entity.
412	(36)  "Policy" means the way in which programs and
413	activities are conducted to achieve an identified goal.
414	(37)(28)  "Projects that promote public transportation"
415	means projects that directly affect the provisions of public
416	transit, including transit terminals, transit lines and routes,
417	separate lanes for the exclusive use of public transit services,
418	transit stops (shelters and stations), office buildings or
419	projects that include fixed-rail or transit terminals as part of
420	the building, and projects which are transit oriented and
421	designed to complement reasonably proximate planned or existing
422	public facilities.
423	(38)(24)  "Public facilities" means major capital
424	improvements, including, but not limited to, transportation,
425	sanitary sewer, solid waste, drainage, potable water,
426	educational, parks and recreational, and health systems and
427	facilities, and spoil disposal sites for maintenance dredging
428	located in the intracoastal waterways, except for spoil disposal
429	sites owned or used by ports listed in s. 403.021(9)(b).
430	(39)(18)  "Public notice" means notice as required by s.
431	125.66(2) for a county or by s. 166.041(3)(a) for a
432	municipality. The public notice procedures required in this part
433	are established as minimum public notice procedures.
434	(40)(19)  "Regional planning agency" means the council
435	created pursuant to chapter 186 agency designated by the state
436	land planning agency to exercise responsibilities under law in a
437	particular region of the state.
438	(41)  "Seasonal population" means part-time inhabitants who
439	use, or may be expected to use, public facilities or services,
440	but are not residents and includes tourists, migrant
441	farmworkers, and other short-term and long-term visitors.
442	(42)(31)  "Optional Sector plan" means the an optional
443	process authorized by s. 163.3245 in which one or more local
444	governments engage in long-term planning for a large area and by
445	agreement with the state land planning agency are allowed to
446	address regional development-of-regional-impact issues through
447	adoption of detailed specific area plans within the planning
448	area within certain designated geographic areas identified in
449	the local comprehensive plan as a means of fostering innovative
450	planning and development strategies in s. 163.3177(11)(a) and
451	(b), furthering the purposes of this part and part I of chapter
452	380, reducing overlapping data and analysis requirements,
453	protecting regionally significant resources and facilities, and
454	addressing extrajurisdictional impacts. The term includes an
455	optional sector plan that was adopted before the effective date
456	of this act.
457	(43)(20)  "State land planning agency" means the Department
458	of Community Affairs.
459	(44)(21)  "Structure" has the same meaning as in given it
460	by s. 380.031(19).
461	(45)  "Suitability" means the degree to which the existing
462	characteristics and limitations of land and water are compatible
463	with a proposed use or development.
464	(46)  "Transit-oriented development" means a project or
465	projects, in areas identified in a local government
466	comprehensive plan, that is or will be served by existing or
467	planned transit service. These designated areas shall be
468	compact, moderate to high density developments, of mixed-use
469	character, interconnected with other land uses, bicycle and
470	pedestrian friendly, and designed to support frequent transit
471	service operating through, collectively or separately, rail,
472	fixed guideway, streetcar, or bus systems on dedicated
473	facilities or available roadway connections.
474	(47)(30)  "Transportation corridor management" means the
475	coordination of the planning of designated future transportation
476	corridors with land use planning within and adjacent to the
477	corridor to promote orderly growth, to meet the concurrency
478	requirements of this chapter, and to maintain the integrity of
479	the corridor for transportation purposes.
480	(48)(27)  "Urban infill" means the development of vacant
481	parcels in otherwise built-up areas where public facilities such
482	as sewer systems, roads, schools, and recreation areas are
483	already in place and the average residential density is at least
484	five dwelling units per acre, the average nonresidential
485	intensity is at least a floor area ratio of 1.0 and vacant,
486	developable land does not constitute more than 10 percent of the
487	area.
488	(49)(26)  "Urban redevelopment" means demolition and
489	reconstruction or substantial renovation of existing buildings
490	or infrastructure within urban infill areas, existing urban
491	service areas, or community redevelopment areas created pursuant
492	to part III.
493	(50)(29)  "Urban service area" means built-up areas
494	identified in the comprehensive plan where public facilities and
495	services, including, but not limited to, central water and sewer
496	capacity and roads, are already in place or are identified in
497	the capital improvements element. The term includes any areas
498	identified in the comprehensive plan as urban service areas,
499	regardless of local government limitation committed in the first
500	3 years of the capital improvement schedule. In addition, for
501	counties that qualify as dense urban land areas under subsection
502	(34), the nonrural area of a county which has adopted into the
503	county charter a rural area designation or areas identified in
504	the comprehensive plan as urban service areas or urban growth
505	boundaries on or before July 1, 2009, are also urban service
506	areas under this definition.
507	(51)  "Urban sprawl" means a development pattern
508	characterized by low density, automobile-dependent development
509	with either a single use or multiple uses that are not
510	functionally related, requiring the extension of public
511	facilities and services in an inefficient manner, and failing to
512	provide a clear separation between urban and rural uses.
513	(32)  "Financial feasibility" means that sufficient
514	revenues are currently available or will be available from
515	committed funding sources for the first 3 years, or will be
516	available from committed or planned funding sources for years 4
517	and 5, of a 5-year capital improvement schedule for financing
518	capital improvements, such as ad valorem taxes, bonds, state and
519	federal funds, tax revenues, impact fees, and developer
520	contributions, which are adequate to fund the projected costs of
521	the capital improvements identified in the comprehensive plan
522	necessary to ensure that adopted level-of-service standards are
523	achieved and maintained within the period covered by the 5-year
524	schedule of capital improvements. A comprehensive plan shall be
525	deemed financially feasible for transportation and school
526	facilities throughout the planning period addressed by the
527	capital improvements schedule if it can be demonstrated that the
528	level-of-service standards will be achieved and maintained by
529	the end of the planning period even if in a particular year such
530	improvements are not concurrent as required by s. 163.3180.
531	(34)  "Dense urban land area" means:
532	(a)  A municipality that has an average of at least 1,000
533	people per square mile of land area and a minimum total
534	population of at least 5,000;
535	(b)  A county, including the municipalities located
536	therein, which has an average of at least 1,000 people per
537	square mile of land area; or
538	(c)  A county, including the municipalities located
539	therein, which has a population of at least 1 million.
540
541	The Office of Economic and Demographic Research within the
542	Legislature shall annually calculate the population and density
543	criteria needed to determine which jurisdictions qualify as
544	dense urban land areas by using the most recent land area data
545	from the decennial census conducted by the Bureau of the Census
546	of the United States Department of Commerce and the latest
547	available population estimates determined pursuant to s.
548	186.901. If any local government has had an annexation,
549	contraction, or new incorporation, the Office of Economic and
550	Demographic Research shall determine the population density
551	using the new jurisdictional boundaries as recorded in
552	accordance with s. 171.091. The Office of Economic and
553	Demographic Research shall submit to the state land planning
554	agency a list of jurisdictions that meet the total population
555	and density criteria necessary for designation as a dense urban
556	land area by July 1, 2009, and every year thereafter. The state
557	land planning agency shall publish the list of jurisdictions on
558	its Internet website within 7 days after the list is received.
559	The designation of jurisdictions that qualify or do not qualify
560	as a dense urban land area is effective upon publication on the
561	state land planning agency's Internet website.
562	Section 7.  Section 163.3167, Florida Statutes, is amended
563	to read:
564	163.3167  Scope of act.-
565	(1)  The several incorporated municipalities and counties
566	shall have power and responsibility:
567	(a)  To plan for their future development and growth.
568	(b)  To adopt and amend comprehensive plans, or elements or
569	portions thereof, to guide their future development and growth.
570	(c)  To implement adopted or amended comprehensive plans by
571	the adoption of appropriate land development regulations or
572	elements thereof.
573	(d)  To establish, support, and maintain administrative
574	instruments and procedures to carry out the provisions and
575	purposes of this act.
576
577	The powers and authority set out in this act may be employed by
578	municipalities and counties individually or jointly by mutual
579	agreement in accord with the provisions of this act and in such
580	combinations as their common interests may dictate and require.
581	(2)  Each local government shall maintain prepare a
582	comprehensive plan of the type and in the manner set out in this
583	part or prepare amendments to its existing comprehensive plan to
584	conform it to the requirements of this part and in the manner
585	set out in this part. In accordance with s. 163.3184, each local
586	government shall submit to the state land planning agency its
587	complete proposed comprehensive plan or its complete
588	comprehensive plan as proposed to be amended.
589	(3)  When a local government has not prepared all of the
590	required elements or has not amended its plan as required by
591	subsection (2), the regional planning agency having
592	responsibility for the area in which the local government lies
593	shall prepare and adopt by rule, pursuant to chapter 120, the
594	missing elements or adopt by rule amendments to the existing
595	plan in accordance with this act by July 1, 1989, or within 1
596	year after the dates specified or provided in subsection (2) and
597	the state land planning agency review schedule, whichever is
598	later. The regional planning agency shall provide at least 90
599	days' written notice to any local government whose plan it is
600	required by this subsection to prepare, prior to initiating the
601	planning process. At least 90 days before the adoption by the
602	regional planning agency of a comprehensive plan, or element or
603	portion thereof, pursuant to this subsection, the regional
604	planning agency shall transmit a copy of the proposed
605	comprehensive plan, or element or portion thereof, to the local
606	government and the state land planning agency for written
607	comment. The state land planning agency shall review and comment
608	on such plan, or element or portion thereof, in accordance with
609	s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
610	applicable to the regional planning agency as if it were a
611	governing body. Existing comprehensive plans shall remain in
612	effect until they are amended pursuant to subsection (2), this
613	subsection, s. 163.3187, or s. 163.3189.
614	(3)(4)  A municipality established after the effective date
615	of this act shall, within 1 year after incorporation, establish
616	a local planning agency, pursuant to s. 163.3174, and prepare
617	and adopt a comprehensive plan of the type and in the manner set
618	out in this act within 3 years after the date of such
619	incorporation. A county comprehensive plan shall be deemed
620	controlling until the municipality adopts a comprehensive plan
621	in accord with the provisions of this act. If, upon the
622	expiration of the 3-year time limit, the municipality has not
623	adopted a comprehensive plan, the regional planning agency shall
624	prepare and adopt a comprehensive plan for such municipality.
625	(4)(5)  Any comprehensive plan, or element or portion
626	thereof, adopted pursuant to the provisions of this act, which
627	but for its adoption after the deadlines established pursuant to
628	previous versions of this act would have been valid, shall be
629	valid.
630	(6)  When a regional planning agency is required to prepare
631	or amend a comprehensive plan, or element or portion thereof,
632	pursuant to subsections (3) and (4), the regional planning
633	agency and the local government may agree to a method of
634	compensating the regional planning agency for any verifiable,
635	direct costs incurred. If an agreement is not reached within 6
636	months after the date the regional planning agency assumes
637	planning responsibilities for the local government pursuant to
638	subsections (3) and (4) or by the time the plan or element, or
639	portion thereof, is completed, whichever is earlier, the
640	regional planning agency shall file invoices for verifiable,
641	direct costs involved with the governing body. Upon the failure
642	of the local government to pay such invoices within 90 days, the
643	regional planning agency may, upon filing proper vouchers with
644	the Chief Financial Officer, request payment by the Chief
645	Financial Officer from unencumbered revenue or other tax sharing
646	funds due such local government from the state for work actually
647	performed, and the Chief Financial Officer shall pay such
648	vouchers; however, the amount of such payment shall not exceed
649	50 percent of such funds due such local government in any one
650	year.
651	(7)  A local government that is being requested to pay
652	costs may seek an administrative hearing pursuant to ss. 120.569
653	and 120.57 to challenge the amount of costs and to determine if
654	the statutory prerequisites for payment have been complied with.
655	Final agency action shall be taken by the state land planning
656	agency. Payment shall be withheld as to disputed amounts until
657	proceedings under this subsection have been completed.
658	(5)(8)  Nothing in this act shall limit or modify the
659	rights of any person to complete any development that has been
660	authorized as a development of regional impact pursuant to
661	chapter 380 or who has been issued a final local development
662	order and development has commenced and is continuing in good
663	faith.
664	(6)(9)  The Reedy Creek Improvement District shall exercise
665	the authority of this part as it applies to municipalities,
666	consistent with the legislative act under which it was
667	established, for the total area under its jurisdiction.
668	(7)(10)  Nothing in this part shall supersede any provision
669	of ss. 341.8201-341.842.
670	(11)  Each local government is encouraged to articulate a
671	vision of the future physical appearance and qualities of its
672	community as a component of its local comprehensive plan. The
673	vision should be developed through a collaborative planning
674	process with meaningful public participation and shall be
675	adopted by the governing body of the jurisdiction. Neighboring
676	communities, especially those sharing natural resources or
677	physical or economic infrastructure, are encouraged to create
678	collective visions for greater-than-local areas. Such collective
679	visions shall apply in each city or county only to the extent
680	that each local government chooses to make them applicable. The
681	state land planning agency shall serve as a clearinghouse for
682	creating a community vision of the future and may utilize the
683	Growth Management Trust Fund, created by s. 186.911, to provide
684	grants to help pay the costs of local visioning programs. When a
685	local vision of the future has been created, a local government
686	should review its comprehensive plan, land development
687	regulations, and capital improvement program to ensure that
688	these instruments will help to move the community toward its
689	vision in a manner consistent with this act and with the state
690	comprehensive plan. A local or regional vision must be
691	consistent with the state vision, when adopted, and be
692	internally consistent with the local or regional plan of which
693	it is a component. The state land planning agency shall not
694	adopt minimum criteria for evaluating or judging the form or
695	content of a local or regional vision.
696	(8)(12)  An initiative or referendum process in regard to
697	any development order or in regard to any local comprehensive
698	plan amendment or map amendment that affects five or fewer
699	parcels of land is prohibited.
700	(9)(13)  Each local government shall address in its
701	comprehensive plan, as enumerated in this chapter, the water
702	supply sources necessary to meet and achieve the existing and
703	projected water use demand for the established planning period,
704	considering the applicable plan developed pursuant to s.
705	373.709.
706	(10)(14)(a)  If a local government grants a development
707	order pursuant to its adopted land development regulations and
708	the order is not the subject of a pending appeal and the
709	timeframe for filing an appeal has expired, the development
710	order may not be invalidated by a subsequent judicial
711	determination that such land development regulations, or any
712	portion thereof that is relevant to the development order, are
713	invalid because of a deficiency in the approval standards.
714	(b)  This subsection does not preclude or affect the timely
715	institution of any other remedy available at law or equity,
716	including a common law writ of certiorari proceeding pursuant to
717	Rule 9.190, Florida Rules of Appellate Procedure, or an original
718	proceeding pursuant to s. 163.3215, as applicable.
719	(c)  This subsection applies retroactively to any
720	development order granted on or after January 1, 2002.
721	Section 8.  Section 163.3168, Florida Statutes, is created
722	to read:
723	163.3168  Planning innovations and technical assistance.-
724	(1)  The Legislature recognizes the need for innovative
725	planning and development strategies to promote a diverse economy
726	and vibrant rural and urban communities, while protecting
727	environmentally sensitive areas. The Legislature further
728	recognizes the substantial advantages of innovative approaches
729	to development directed to meet the needs of urban, rural, and
730	suburban areas.
731	(2)  Local governments are encouraged to apply innovative
732	planning tools, including, but not limited to, visioning, sector
733	planning, and rural land stewardship area designations to
734	address future new development areas, urban service area
735	designations, urban growth boundaries, and mixed-use, high-
736	density development in urban areas.
737	(3)  The state land planning agency shall help communities
738	find creative solutions to fostering vibrant, healthy
739	communities, while protecting the functions of important state
740	resources and facilities. The state land planning agency and all
741	other appropriate state and regional agencies may use various
742	means to provide direct and indirect technical assistance within
743	available resources. If plan amendments may adversely impact
744	important state resources or facilities, upon request by the
745	local government, the state land planning agency shall
746	coordinate multi-agency assistance, if needed, in developing an
747	amendment to minimize impacts on such resources or facilities.
748	(4)  The state land planning agency shall provide, on its
749	website, guidance on the submittal and adoption of comprehensive
750	plans, plan amendments, and land development regulations. Such
751	guidance shall not be adopted as a rule and is exempt from s.
752	120.54(1)(a).
753	Section 9.  Subsection (4) of section 163.3171, Florida
754	Statutes, is amended to read:
755	163.3171  Areas of authority under this act.-
756	(4)  The state land planning agency and a Local governments
757	may government shall have the power to enter into agreements
758	with each other and to agree together to enter into agreements
759	with a landowner, developer, or governmental agency as may be
760	necessary or desirable to effectuate the provisions and purposes
761	of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
762	and 163.3248. It is the Legislature's intent that joint
763	agreements entered into under the authority of this section be
764	liberally, broadly, and flexibly construed to facilitate
765	intergovernmental cooperation between cities and counties and to
766	encourage planning in advance of jurisdictional changes. Joint
767	agreements, executed before or after the effective date of this
768	act, include, but are not limited to, agreements that
769	contemplate municipal adoption of plans or plan amendments for
770	lands in advance of annexation of such lands into the
771	municipality, and may permit municipalities and counties to
772	exercise nonexclusive extrajurisdictional authority within
773	incorporated and unincorporated areas. The state land planning
774	agency may not interpret, invalidate, or declare inoperative
775	such joint agreements, and the validity of joint agreements may
776	not be a basis for finding plans or plan amendments not in
777	compliance pursuant to chapter law.
778	Section 10.  Subsection (1) of section 163.3174, Florida
779	Statutes, is amended to read:
780	163.3174  Local planning agency.-
781	(1)  The governing body of each local government,
782	individually or in combination as provided in s. 163.3171, shall
783	designate and by ordinance establish a "local planning agency,"
784	unless the agency is otherwise established by law.
785	Notwithstanding any special act to the contrary, all local
786	planning agencies or equivalent agencies that first review
787	rezoning and comprehensive plan amendments in each municipality
788	and county shall include a representative of the school district
789	appointed by the school board as a nonvoting member of the local
790	planning agency or equivalent agency to attend those meetings at
791	which the agency considers comprehensive plan amendments and
792	rezonings that would, if approved, increase residential density
793	on the property that is the subject of the application. However,
794	this subsection does not prevent the governing body of the local
795	government from granting voting status to the school board
796	member. The governing body may designate itself as the local
797	planning agency pursuant to this subsection with the addition of
798	a nonvoting school board representative. The governing body
799	shall notify the state land planning agency of the establishment
800	of its local planning agency. All local planning agencies shall
801	provide opportunities for involvement by applicable community
802	college boards, which may be accomplished by formal
803	representation, membership on technical advisory committees, or
804	other appropriate means. The local planning agency shall prepare
805	the comprehensive plan or plan amendment after hearings to be
806	held after public notice and shall make recommendations to the
807	governing body regarding the adoption or amendment of the plan.
808	The agency may be a local planning commission, the planning
809	department of the local government, or other instrumentality,
810	including a countywide planning entity established by special
811	act or a council of local government officials created pursuant
812	to s. 163.02, provided the composition of the council is fairly
813	representative of all the governing bodies in the county or
814	planning area; however:
815	(a)  If a joint planning entity is in existence on the
816	effective date of this act which authorizes the governing bodies
817	to adopt and enforce a land use plan effective throughout the
818	joint planning area, that entity shall be the agency for those
819	local governments until such time as the authority of the joint
820	planning entity is modified by law.
821	(b)  In the case of chartered counties, the planning
822	responsibility between the county and the several municipalities
823	therein shall be as stipulated in the charter.
824	Section 11.  Subsections (5), (6), and (9) of section
825	163.3175, Florida Statutes, are amended to read:
826	163.3175  Legislative findings on compatibility of
827	development with military installations; exchange of information
828	between local governments and military installations.-
829	(5)  The commanding officer or his or her designee may
830	provide comments to the affected local government on the impact
831	such proposed changes may have on the mission of the military
832	installation. Such comments may include:
833	(a)  If the installation has an airfield, whether such
834	proposed changes will be incompatible with the safety and noise
835	standards contained in the Air Installation Compatible Use Zone
836	(AICUZ) adopted by the military installation for that airfield;
837	(b)  Whether such changes are incompatible with the
838	Installation Environmental Noise Management Program (IENMP) of
839	the United States Army;
840	(c)  Whether such changes are incompatible with the
841	findings of a Joint Land Use Study (JLUS) for the area if one
842	has been completed; and
843	(d)  Whether the military installation's mission will be
844	adversely affected by the proposed actions of the county or
845	affected local government.
846
847	The commanding officer's comments, underlying studies, and
848	reports are not binding on the local government.
849	(6)  The affected local government shall take into
850	consideration any comments provided by the commanding officer or
851	his or her designee pursuant to subsection (4) and must also be
852	sensitive to private property rights and not be unduly
853	restrictive on those rights. The affected local government shall
854	forward a copy of any comments regarding comprehensive plan
855	amendments to the state land planning agency.
856	(9)  If a local government, as required under s.
857	163.3177(6)(a), does not adopt criteria and address
858	compatibility of lands adjacent to or closely proximate to
859	existing military installations in its future land use plan
860	element by June 30, 2012, the local government, the military
861	installation, the state land planning agency, and other parties
862	as identified by the regional planning council, including, but
863	not limited to, private landowner representatives, shall enter
864	into mediation conducted pursuant to s. 186.509. If the local
865	government comprehensive plan does not contain criteria
866	addressing compatibility by December 31, 2013, the agency may
867	notify the Administration Commission. The Administration
868	Commission may impose sanctions pursuant to s. 163.3184(8)(11).
869	Any local government that amended its comprehensive plan to
870	address military installation compatibility requirements after
871	2004 and was found to be in compliance is deemed to be in
872	compliance with this subsection until the local government
873	conducts its evaluation and appraisal review pursuant to s.
874	163.3191 and determines that amendments are necessary to meet
875	updated general law requirements.
876	Section 12.  Section 163.3177, Florida Statutes, is amended
877	to read:
878	163.3177  Required and optional elements of comprehensive
879	plan; studies and surveys.-
880	(1)  The comprehensive plan shall provide the consist of
881	materials in such descriptive form, written or graphic, as may
882	be appropriate to the prescription of principles, guidelines,
883	and standards, and strategies for the orderly and balanced
884	future economic, social, physical, environmental, and fiscal
885	development of the area that reflects community commitments to
886	implement the plan and its elements. These principles and
887	strategies shall guide future decisions in a consistent manner
888	and shall contain programs and activities to ensure
889	comprehensive plans are implemented. The sections of the
890	comprehensive plan containing the principles and strategies,
891	generally provided as goals, objectives, and policies, shall
892	describe how the local government's programs, activities, and
893	land development regulations will be initiated, modified, or
894	continued to implement the comprehensive plan in a consistent
895	manner. It is not the intent of this part to require the
896	inclusion of implementing regulations in the comprehensive plan
897	but rather to require identification of those programs,
898	activities, and land development regulations that will be part
899	of the strategy for implementing the comprehensive plan and the
900	principles that describe how the programs, activities, and land
901	development regulations will be carried out. The plan shall
902	establish meaningful and predictable standards for the use and
903	development of land and provide meaningful guidelines for the
904	content of more detailed land development and use regulations.
905	(a)  The comprehensive plan shall consist of elements as
906	described in this section, and may include optional elements.
907	(b)  A local government may include, as part of its adopted
908	plan, documents adopted by reference but not incorporated
909	verbatim into the plan. The adoption by reference must identify
910	the title and author of the document and indicate clearly what
911	provisions and edition of the document is being adopted.
912	(c)  The format of these principles and guidelines is at
913	the discretion of the local government, but typically is
914	expressed in goals, objectives, policies, and strategies.
915	(d)  The comprehensive plan shall identify procedures for
916	monitoring, evaluating, and appraising implementation of the
917	plan.
918	(e)  When a federal, state, or regional agency has
919	implemented a regulatory program, a local government is not
920	required to duplicate or exceed that regulatory program in its
921	local comprehensive plan.
922	(f)  All mandatory and optional elements of the
923	comprehensive plan and plan amendments shall be based upon
924	relevant and appropriate data and an analysis by the local
925	government that may include, but not be limited to, surveys,
926	studies, community goals and vision, and other data available at
927	the time of adoption of the comprehensive plan or plan
928	amendment. To be based on data means to react to it in an
929	appropriate way and to the extent necessary indicated by the
930	data available on that particular subject at the time of
931	adoption of the plan or plan amendment at issue.
932	1.  Surveys, studies, and data utilized in the preparation
933	of the comprehensive plan may not be deemed a part of the
934	comprehensive plan unless adopted as a part of it. Copies of
935	such studies, surveys, data, and supporting documents for
936	proposed plans and plan amendments shall be made available for
937	public inspection, and copies of such plans shall be made
938	available to the public upon payment of reasonable charges for
939	reproduction. Support data or summaries are not subject to the
940	compliance review process, but the comprehensive plan must be
941	clearly based on appropriate data. Support data or summaries may
942	be used to aid in the determination of compliance and
943	consistency.
944	2.  Data must be taken from professionally accepted
945	sources. The application of a methodology utilized in data
946	collection or whether a particular methodology is professionally
947	accepted may be evaluated. However, the evaluation may not
948	include whether one accepted methodology is better than another.
949	Original data collection by local governments is not required.
950	However, local governments may use original data so long as
951	methodologies are professionally accepted.
952	3.  The comprehensive plan shall be based upon permanent
953	and seasonal population estimates and projections, which shall
954	either be those provided by the University of Florida's Bureau
955	of Economic and Business Research or generated by the local
956	government based upon a professionally acceptable methodology.
957	The plan must be based on at least the minimum amount of land
958	required to accommodate the medium projections of the University
959	of Florida's Bureau of Economic and Business Research for at
960	least a 10-year planning period unless otherwise limited under
961	s. 380.05, including related rules of the Administration
962	Commission.
963	(2)  Coordination of the several elements of the local
964	comprehensive plan shall be a major objective of the planning
965	process. The several elements of the comprehensive plan shall be
966	consistent. Where data is relevant to several elements,
967	consistent data shall be used, including population estimates
968	and projections unless alternative data can be justified for a
969	plan amendment through new supporting data and analysis. Each
970	map depicting future conditions must reflect the principles,
971	guidelines, and standards within all elements and each such map
972	must be contained within the comprehensive plan, and the
973	comprehensive plan shall be financially feasible. Financial
974	feasibility shall be determined using professionally accepted
975	methodologies and applies to the 5-year planning period, except
976	in the case of a long-term transportation or school concurrency
977	management system, in which case a 10-year or 15-year period
978	applies.
979	(3)(a)  The comprehensive plan shall contain a capital
980	improvements element designed to consider the need for and the
981	location of public facilities in order to encourage the
982	efficient use of such facilities and set forth:
983	1.  A component that outlines principles for construction,
984	extension, or increase in capacity of public facilities, as well
985	as a component that outlines principles for correcting existing
986	public facility deficiencies, which are necessary to implement
987	the comprehensive plan. The components shall cover at least a 5-
988	year period.
989	2.  Estimated public facility costs, including a
990	delineation of when facilities will be needed, the general
991	location of the facilities, and projected revenue sources to
992	fund the facilities.
993	3.  Standards to ensure the availability of public
994	facilities and the adequacy of those facilities to meet
995	established including acceptable levels of service.
996	4.  Standards for the management of debt.
997	4.5.  A schedule of capital improvements which includes any
998	publicly funded projects of federal, state, or local government,
999	and which may include privately funded projects for which the
1000	local government has no fiscal responsibility. Projects,
1001	necessary to ensure that any adopted level-of-service standards
1002	are achieved and maintained for the 5-year period must be
1003	identified as either funded or unfunded and given a level of
1004	priority for funding. For capital improvements that will be
1005	funded by the developer, financial feasibility shall be
1006	demonstrated by being guaranteed in an enforceable development
1007	agreement or interlocal agreement pursuant to paragraph (10)(h),
1008	or other enforceable agreement. These development agreements and
1009	interlocal agreements shall be reflected in the schedule of
1010	capital improvements if the capital improvement is necessary to
1011	serve development within the 5-year schedule. If the local
1012	government uses planned revenue sources that require referenda
1013	or other actions to secure the revenue source, the plan must, in
1014	the event the referenda are not passed or actions do not secure
1015	the planned revenue source, identify other existing revenue
1016	sources that will be used to fund the capital projects or
1017	otherwise amend the plan to ensure financial feasibility.
1018	5.6.  The schedule must include transportation improvements
1019	included in the applicable metropolitan planning organization's
1020	transportation improvement program adopted pursuant to s.
1021	339.175(8) to the extent that such improvements are relied upon
1022	to ensure concurrency and financial feasibility. The schedule
1023	must also be coordinated with the applicable metropolitan
1024	planning organization's long-range transportation plan adopted
1025	pursuant to s. 339.175(7).
1026	(b)1.  The capital improvements element must be reviewed by
1027	the local government on an annual basis. Modifications and
1028	modified as necessary in accordance with s. 163.3187 or s.
1029	163.3189 in order to update the maintain a financially feasible
1030	5-year capital improvement schedule of capital improvements.
1031	Corrections and modifications concerning costs; revenue sources;
1032	or acceptance of facilities pursuant to dedications which are
1033	consistent with the plan may be accomplished by ordinance and
1034	may shall not be deemed to be amendments to the local
1035	comprehensive plan. A copy of the ordinance shall be transmitted
1036	to the state land planning agency. An amendment to the
1037	comprehensive plan is required to update the schedule on an
1038	annual basis or to eliminate, defer, or delay the construction
1039	for any facility listed in the 5-year schedule. All public
1040	facilities must be consistent with the capital improvements
1041	element. The annual update to the capital improvements element
1042	of the comprehensive plan need not comply with the financial
1043	feasibility requirement until December 1, 2011. Thereafter, a
1044	local government may not amend its future land use map, except
1045	for plan amendments to meet new requirements under this part and
1046	emergency amendments pursuant to s. 163.3187(1)(a), after
1047	December 1, 2011, and every year thereafter, unless and until
1048	the local government has adopted the annual update and it has
1049	been transmitted to the state land planning agency.
1050	2.  Capital improvements element amendments adopted after
1051	the effective date of this act shall require only a single
1052	public hearing before the governing board which shall be an
1053	adoption hearing as described in s. 163.3184(7). Such amendments
1054	are not subject to the requirements of s. 163.3184(3)-(6).
1055	(c)  If the local government does not adopt the required
1056	annual update to the schedule of capital improvements, the state
1057	land planning agency must notify the Administration Commission.
1058	A local government that has a demonstrated lack of commitment to
1059	meeting its obligations identified in the capital improvements
1060	element may be subject to sanctions by the Administration
1061	Commission pursuant to s. 163.3184(11).
1062	(d)  If a local government adopts a long-term concurrency
1063	management system pursuant to s. 163.3180(9), it must also adopt
1064	a long-term capital improvements schedule covering up to a 10-
1065	year or 15-year period, and must update the long-term schedule
1066	annually. The long-term schedule of capital improvements must be
1067	financially feasible.
1068	(e)  At the discretion of the local government and
1069	notwithstanding the requirements of this subsection, a
1070	comprehensive plan, as revised by an amendment to the plan's
1071	future land use map, shall be deemed to be financially feasible
1072	and to have achieved and maintained level-of-service standards
1073	as required by this section with respect to transportation
1074	facilities if the amendment to the future land use map is
1075	supported by a:
1076	1.  Condition in a development order for a development of
1077	regional impact or binding agreement that addresses
1078	proportionate-share mitigation consistent with s. 163.3180(12);
1079	or
1080	2.  Binding agreement addressing proportionate fair-share
1081	mitigation consistent with s. 163.3180(16)(f) and the property
1082	subject to the amendment to the future land use map is located
1083	within an area designated in a comprehensive plan for urban
1084	infill, urban redevelopment, downtown revitalization, urban
1085	infill and redevelopment, or an urban service area. The binding
1086	agreement must be based on the maximum amount of development
1087	identified by the future land use map amendment or as may be
1088	otherwise restricted through a special area plan policy or map
1089	notation in the comprehensive plan.
1090	(f)  A local government's comprehensive plan and plan
1091	amendments for land uses within all transportation concurrency
1092	exception areas that are designated and maintained in accordance
1093	with s. 163.3180(5) shall be deemed to meet the requirement to
1094	achieve and maintain level-of-service standards for
1095	transportation.
1096	(4)(a)  Coordination of the local comprehensive plan with
1097	the comprehensive plans of adjacent municipalities, the county,
1098	adjacent counties, or the region; with the appropriate water
1099	management district's regional water supply plans approved
1100	pursuant to s. 373.709; and with adopted rules pertaining to
1101	designated areas of critical state concern; and with the state
1102	comprehensive plan shall be a major objective of the local
1103	comprehensive planning process. To that end, in the preparation
1104	of a comprehensive plan or element thereof, and in the
1105	comprehensive plan or element as adopted, the governing body
1106	shall include a specific policy statement indicating the
1107	relationship of the proposed development of the area to the
1108	comprehensive plans of adjacent municipalities, the county,
1109	adjacent counties, or the region and to the state comprehensive
1110	plan, as the case may require and as such adopted plans or plans
1111	in preparation may exist.
1112	(b)  When all or a portion of the land in a local
1113	government jurisdiction is or becomes part of a designated area
1114	of critical state concern, the local government shall clearly
1115	identify those portions of the local comprehensive plan that
1116	shall be applicable to the critical area and shall indicate the
1117	relationship of the proposed development of the area to the
1118	rules for the area of critical state concern.
1119	(5)(a)  Each local government comprehensive plan must
1120	include at least two planning periods, one covering at least the
1121	first 5-year period occurring after the plan's adoption and one
1122	covering at least a 10-year period. Additional planning periods
1123	for specific components, elements, land use amendments, or
1124	projects shall be permissible and accepted as part of the
1125	planning process.
1126	(b)  The comprehensive plan and its elements shall contain
1127	guidelines or policies policy recommendations for the
1128	implementation of the plan and its elements.
1129	(6)  In addition to the requirements of subsections (1)-(5)
1130	and (12), the comprehensive plan shall include the following
1131	elements:
1132	(a)  A future land use plan element designating proposed
1133	future general distribution, location, and extent of the uses of
1134	land for residential uses, commercial uses, industry,
1135	agriculture, recreation, conservation, education, public
1136	buildings and grounds, other public facilities, and other
1137	categories of the public and private uses of land. The
1138	approximate acreage and the general range of density or
1139	intensity of use shall be provided for the gross land area
1140	included in each existing land use category. The element shall
1141	establish the long-term end toward which land use programs and
1142	activities are ultimately directed. Counties are encouraged to
1143	designate rural land stewardship areas, pursuant to paragraph
1144	(11)(d), as overlays on the future land use map.
1145	1.  Each future land use category must be defined in terms
1146	of uses included, and must include standards to be followed in
1147	the control and distribution of population densities and
1148	building and structure intensities. The proposed distribution,
1149	location, and extent of the various categories of land use shall
1150	be shown on a land use map or map series which shall be
1151	supplemented by goals, policies, and measurable objectives.
1152	2.  The future land use plan and plan amendments shall be
1153	based upon surveys, studies, and data regarding the area, as
1154	applicable, including:
1155	a.  The amount of land required to accommodate anticipated
1156	growth.;
1157	b.  The projected permanent and seasonal population of the
1158	area.;
1159	c.  The character of undeveloped land.;
1160	d.  The availability of water supplies, public facilities,
1161	and services.;
1162	e.  The need for redevelopment, including the renewal of
1163	blighted areas and the elimination of nonconforming uses which
1164	are inconsistent with the character of the community.;
1165	f.  The compatibility of uses on lands adjacent to or
1166	closely proximate to military installations.;
1167	g.  The compatibility of uses on lands adjacent to an
1168	airport as defined in s. 330.35 and consistent with s. 333.02.;
1169	h.  The discouragement of urban sprawl.; energy-efficient
1170	land use patterns accounting for existing and future electric
1171	power generation and transmission systems; greenhouse gas
1172	reduction strategies; and, in rural communities,
1173	i.  The need for job creation, capital investment, and
1174	economic development that will strengthen and diversify the
1175	community's economy.
1176	j.  The need to modify land uses and development patterns
1177	within antiquated subdivisions. The future land use plan may
1178	designate areas for future planned development use involving
1179	combinations of types of uses for which special regulations may
1180	be necessary to ensure development in accord with the principles
1181	and standards of the comprehensive plan and this act.
1182	3.  The future land use plan element shall include criteria
1183	to be used to:
1184	a.  Achieve the compatibility of lands adjacent or closely
1185	proximate to military installations, considering factors
1186	identified in s. 163.3175(5)., and
1187	b.  Achieve the compatibility of lands adjacent to an
1188	airport as defined in s. 330.35 and consistent with s. 333.02.
1189	c.  Encourage preservation of recreational and commercial
1190	working waterfronts for water dependent uses in coastal
1191	communities.
1192	d.  Encourage the location of schools proximate to urban
1193	residential areas to the extent possible.
1194	e.  Coordinate future land uses with the topography and
1195	soil conditions, and the availability of facilities and
1196	services.
1197	f.  Ensure the protection of natural and historic
1198	resources.
1199	g.  Provide for the compatibility of adjacent land uses.
1200	h.  Provide guidelines for the implementation of mixed use
1201	development including the types of uses allowed, the percentage
1202	distribution among the mix of uses, or other standards, and the
1203	density and intensity of each use.
1204	4.  In addition, for rural communities, The amount of land
1205	designated for future planned uses industrial use shall provide
1206	a balance of uses that foster vibrant, viable communities and
1207	economic development opportunities and address outdated
1208	development patterns, such as antiquated subdivisions. The
1209	amount of land designated for future land uses should allow the
1210	operation of real estate markets to provide adequate choices for
1211	permanent and seasonal residents and business and be based upon
1212	surveys and studies that reflect the need for job creation,
1213	capital investment, and the necessity to strengthen and
1214	diversify the local economies, and may not be limited solely by
1215	the projected population of the rural community. The element
1216	shall accommodate at least the minimum amount of land required
1217	to accommodate the medium projections of the University of
1218	Florida's Bureau of Economic and Business Research for at least
1219	a 10-year planning period unless otherwise limited under s.
1220	380.05, including related rules of the Administration
1221	Commission.
1222	5.  The future land use plan of a county may also designate
1223	areas for possible future municipal incorporation.
1224	6.  The land use maps or map series shall generally
1225	identify and depict historic district boundaries and shall
1226	designate historically significant properties meriting
1227	protection. For coastal counties, the future land use element
1228	must include, without limitation, regulatory incentives and
1229	criteria that encourage the preservation of recreational and
1230	commercial working waterfronts as defined in s. 342.07.
1231	7.  The future land use element must clearly identify the
1232	land use categories in which public schools are an allowable
1233	use. When delineating the land use categories in which public
1234	schools are an allowable use, a local government shall include
1235	in the categories sufficient land proximate to residential
1236	development to meet the projected needs for schools in
1237	coordination with public school boards and may establish
1238	differing criteria for schools of different type or size. Each
1239	local government shall include lands contiguous to existing
1240	school sites, to the maximum extent possible, within the land
1241	use categories in which public schools are an allowable use. The
1242	failure by a local government to comply with these school siting
1243	requirements will result in the prohibition of the local
1244	government's ability to amend the local comprehensive plan,
1245	except for plan amendments described in s. 163.3187(1)(b), until
1246	the school siting requirements are met. Amendments proposed by a
1247	local government for purposes of identifying the land use
1248	categories in which public schools are an allowable use are
1249	exempt from the limitation on the frequency of plan amendments
1250	contained in s. 163.3187. The future land use element shall
1251	include criteria that encourage the location of schools
1252	proximate to urban residential areas to the extent possible and
1253	shall require that the local government seek to collocate public
1254	facilities, such as parks, libraries, and community centers,
1255	with schools to the extent possible and to encourage the use of
1256	elementary schools as focal points for neighborhoods. For
1257	schools serving predominantly rural counties, defined as a
1258	county with a population of 100,000 or fewer, an agricultural
1259	land use category is eligible for the location of public school
1260	facilities if the local comprehensive plan contains school
1261	siting criteria and the location is consistent with such
1262	criteria.
1263	8.  Future land use map amendments shall be based upon the
1264	following analyses:
1265	a.  An analysis of the availability of facilities and
1266	services.
1267	b.  An analysis of the suitability of the plan amendment
1268	for its proposed use considering the character of the
1269	undeveloped land, soils, topography, natural resources, and
1270	historic resources on site.
1271	c.  An analysis of the minimum amount of land needed as
1272	determined by the local government.
1273	9.  The future land use element and any amendment to the
1274	future land use element shall discourage the proliferation of
1275	urban sprawl.
1276	a.  The primary indicators that a plan or plan amendment
1277	does not discourage the proliferation of urban sprawl are listed
1278	below. The evaluation of the presence of these indicators shall
1279	consist of an analysis of the plan or plan amendment within the
1280	context of features and characteristics unique to each locality
1281	in order to determine whether the plan or plan amendment:
1282	(I)  Promotes, allows, or designates for development
1283	substantial areas of the jurisdiction to develop as low-
1284	intensity, low-density, or single-use development or uses.
1285	(II)  Promotes, allows, or designates significant amounts
1286	of urban development to occur in rural areas at substantial
1287	distances from existing urban areas while not using undeveloped
1288	lands that are available and suitable for development.
1289	(III)  Promotes, allows, or designates urban development in
1290	radial, strip, isolated, or ribbon patterns generally emanating
1291	from existing urban developments.
1292	(IV)  Fails to adequately protect and conserve natural
1293	resources, such as wetlands, floodplains, native vegetation,
1294	environmentally sensitive areas, natural groundwater aquifer
1295	recharge areas, lakes, rivers, shorelines, beaches, bays,
1296	estuarine systems, and other significant natural systems.
1297	(V)  Fails to adequately protect adjacent agricultural
1298	areas and activities, including silviculture, active
1299	agricultural and silvicultural activities, passive agricultural
1300	activities, and dormant, unique, and prime farmlands and soils.
1301	(VI)  Fails to maximize use of existing public facilities
1302	and services.
1303	(VII)  Fails to maximize use of future public facilities
1304	and services.
1305	(VIII)  Allows for land use patterns or timing which
1306	disproportionately increase the cost in time, money, and energy
1307	of providing and maintaining facilities and services, including
1308	roads, potable water, sanitary sewer, stormwater management, law
1309	enforcement, education, health care, fire and emergency
1310	response, and general government.
1311	(IX)  Fails to provide a clear separation between rural and
1312	urban uses.
1313	(X)  Discourages or inhibits infill development or the
1314	redevelopment of existing neighborhoods and communities.
1315	(XI)  Fails to encourage a functional mix of uses.
1316	(XII)  Results in poor accessibility among linked or
1317	related land uses.
1318	(XIII)  Results in the loss of significant amounts of
1319	functional open space.
1320	b.  The future land use element or plan amendment shall be
1321	determined to discourage the proliferation of urban sprawl if it
1322	incorporates a development pattern or urban form that achieves
1323	four or more of the following:
1324	(I)  Directs or locates economic growth and associated land
1325	development to geographic areas of the community in a manner
1326	that does not have an adverse impact on and protects natural
1327	resources and ecosystems.
1328	(II)  Promotes the efficient and cost-effective provision
1329	or extension of public infrastructure and services.
1330	(III)  Promotes walkable and connected communities and
1331	provides for compact development and a mix of uses at densities
1332	and intensities that will support a range of housing choices and
1333	a multimodal transportation system, including pedestrian,
1334	bicycle, and transit, if available.
1335	(IV)  Promotes conservation of water and energy.
1336	(V)  Preserves agricultural areas and activities, including
1337	silviculture, and dormant, unique, and prime farmlands and
1338	soils.
1339	(VI)  Preserves open space and natural lands and provides
1340	for public open space and recreation needs.
1341	(VII)  Creates a balance of land uses based upon demands of
1342	residential population for the nonresidential needs of an area.
1343	(VIII)  Provides uses, densities, and intensities of use
1344	and urban form that would remediate an existing or planned
1345	development pattern in the vicinity that constitutes sprawl or
1346	if it provides for an innovative development pattern such as
1347	transit-oriented developments or new towns as defined in s.
1348	163.3164.
1349	10.  The future land use element shall include a future
1350	land use map or map series.
1351	a.  The proposed distribution, extent, and location of the
1352	following uses shall be shown on the future land use map or map
1353	series:
1354	(I)  Residential.
1355	(II)  Commercial.
1356	(III)  Industrial.
1357	(IV)  Agricultural.
1358	(V)  Recreational.
1359	(VI)  Conservation.
1360	(VII)  Educational.
1361	(VIII)  Public.
1362	b.  The following areas shall also be shown on the future
1363	land use map or map series, if applicable:
1364	(I)  Historic district boundaries and designated
1365	historically significant properties.
1366	(II)  Transportation concurrency management area boundaries
1367	or transportation concurrency exception area boundaries.
1368	(III)  Multimodal transportation district boundaries.
1369	(IV)  Mixed use categories.
1370	c.  The following natural resources or conditions shall be
1371	shown on the future land use map or map series, if applicable:
1372	(I)  Existing and planned public potable waterwells, cones
1373	of influence, and wellhead protection areas.
1374	(II)  Beaches and shores, including estuarine systems.
1375	(III)  Rivers, bays, lakes, floodplains, and harbors.
1376	(IV)  Wetlands.
1377	(V)  Minerals and soils.
1378	(VI)  Coastal high hazard areas.
1379	11.  Local governments required to update or amend their
1380	comprehensive plan to include criteria and address compatibility
1381	of lands adjacent or closely proximate to existing military
1382	installations, or lands adjacent to an airport as defined in s.
1383	330.35 and consistent with s. 333.02, in their future land use
1384	plan element shall transmit the update or amendment to the state
1385	land planning agency by June 30, 2012.
1386	(b)  A transportation element addressing mobility issues in
1387	relationship to the size and character of the local government.
1388	The purpose of the transportation element shall be to plan for a
1389	multimodal transportation system that places emphasis on public
1390	transportation systems, where feasible. The element shall
1391	provide for a safe, convenient multimodal transportation system,
1392	coordinated with the future land use map or map series and
1393	designed to support all elements of the comprehensive plan. A
1394	local government that has all or part of its jurisdiction
1395	included within the metropolitan planning area of a metropolitan
1396	planning organization (M.P.O.) pursuant to s. 339.175 shall
1397	prepare and adopt a transportation element consistent with this
1398	subsection. Local governments that are not located within the
1399	metropolitan planning area of an M.P.O. shall address traffic
1400	circulation, mass transit, and ports, and aviation and related
1401	facilities consistent with this subsection, except that local
1402	governments with a population of 50,000 or less shall only be
1403	required to address transportation circulation. The element
1404	shall be coordinated with the plans and programs of any
1405	applicable metropolitan planning organization, transportation
1406	authority, Florida Transportation Plan, and Department of
1407	Transportation's adopted work program.
1408	1.  Each local government's transportation element shall
1409	address
1410	(b)  A traffic circulation, including element consisting of
1411	the types, locations, and extent of existing and proposed major
1412	thoroughfares and transportation routes, including bicycle and
1413	pedestrian ways. Transportation corridors, as defined in s.
1414	334.03, may be designated in the transportation traffic
1415	circulation element pursuant to s. 337.273. If the
1416	transportation corridors are designated, the local government
1417	may adopt a transportation corridor management ordinance. The
1418	element shall include a map or map series showing the general
1419	location of the existing and proposed transportation system
1420	features and shall be coordinated with the future land use map
1421	or map series. The element shall reflect the data, analysis, and
1422	associated principles and strategies relating to:
1423	a.  The existing transportation system levels of service
1424	and system needs and the availability of transportation
1425	facilities and services.
1426	b.  The growth trends and travel patterns and interactions
1427	between land use and transportation.
1428	c.  Existing and projected intermodal deficiencies and
1429	needs.
1430	d.  The projected transportation system levels of service
1431	and system needs based upon the future land use map and the
1432	projected integrated transportation system.
1433	e.  How the local government will correct existing facility
1434	deficiencies, meet the identified needs of the projected
1435	transportation system, and advance the purpose of this paragraph
1436	and the other elements of the comprehensive plan.
1437	2.  Local governments within a metropolitan planning area
1438	designated as an M.P.O. pursuant to s. 339.175 shall also
1439	address:
1440	a.  All alternative modes of travel, such as public
1441	transportation, pedestrian, and bicycle travel.
1442	b.  Aviation, rail, seaport facilities, access to those
1443	facilities, and intermodal terminals.
1444	c.  The capability to evacuate the coastal population
1445	before an impending natural disaster.
1446	d.  Airports, projected airport and aviation development,
1447	and land use compatibility around airports, which includes areas
1448	defined in ss. 333.01 and 333.02.
1449	e.  An identification of land use densities, building
1450	intensities, and transportation management programs to promote
1451	public transportation systems in designated public
1452	transportation corridors so as to encourage population densities
1453	sufficient to support such systems.
1454	3.  Municipalities having populations greater than 50,000,
1455	and counties having populations greater than 75,000, shall
1456	include mass-transit provisions showing proposed methods for the
1457	moving of people, rights-of-way, terminals, and related
1458	facilities and shall address:
1459	a.  The provision of efficient public transit services
1460	based upon existing and proposed major trip generators and
1461	attractors, safe and convenient public transit terminals, land
1462	uses, and accommodation of the special needs of the
1463	transportation disadvantaged.
1464	b.  Plans for port, aviation, and related facilities
1465	coordinated with the general circulation and transportation
1466	element.
1467	c.  Plans for the circulation of recreational traffic,
1468	including bicycle facilities, exercise trails, riding
1469	facilities, and such other matters as may be related to the
1470	improvement and safety of movement of all types of recreational
1471	traffic.
1472	4.  At the option of a local government, an airport master
1473	plan, and any subsequent amendments to the airport master plan,
1474	prepared by a licensed publicly owned and operated airport under
1475	s. 333.06 may be incorporated into the local government
1476	comprehensive plan by the local government having jurisdiction
1477	under this act for the area in which the airport or projected
1478	airport development is located by the adoption of a
1479	comprehensive plan amendment. In the amendment to the local
1480	comprehensive plan that integrates the airport master plan, the
1481	comprehensive plan amendment shall address land use
1482	compatibility consistent with chapter 333 regarding airport
1483	zoning; the provision of regional transportation facilities for
1484	the efficient use and operation of the transportation system and
1485	airport; consistency with the local government transportation
1486	circulation element and applicable M.P.O. long-range
1487	transportation plans; the execution of any necessary interlocal
1488	agreements for the purposes of the provision of public
1489	facilities and services to maintain the adopted level-of-service
1490	standards for facilities subject to concurrency; and may address
1491	airport-related or aviation-related development. Development or
1492	expansion of an airport consistent with the adopted airport
1493	master plan that has been incorporated into the local
1494	comprehensive plan in compliance with this part, and airport-
1495	related or aviation-related development that has been addressed
1496	in the comprehensive plan amendment that incorporates the
1497	airport master plan, do not constitute a development of regional
1498	impact. Notwithstanding any other general law, an airport that
1499	has received a development-of-regional-impact development order
1500	pursuant to s. 380.06, but which is no longer required to
1501	undergo development-of-regional-impact review pursuant to this
1502	subsection, may rescind its development-of-regional-impact order
1503	upon written notification to the applicable local government.
1504	Upon receipt by the local government, the development-of-
1505	regional-impact development order shall be deemed rescinded. The
1506	traffic circulation element shall incorporate transportation
1507	strategies to address reduction in greenhouse gas emissions from
1508	the transportation sector.
1509	(c)  A general sanitary sewer, solid waste, drainage,
1510	potable water, and natural groundwater aquifer recharge element
1511	correlated to principles and guidelines for future land use,
1512	indicating ways to provide for future potable water, drainage,
1513	sanitary sewer, solid waste, and aquifer recharge protection
1514	requirements for the area. The element may be a detailed
1515	engineering plan including a topographic map depicting areas of
1516	prime groundwater recharge.
1517	1.  Each local government shall address in the data and
1518	analyses required by this section those facilities that provide
1519	service within the local government's jurisdiction. Local
1520	governments that provide facilities to serve areas within other
1521	local government jurisdictions shall also address those
1522	facilities in the data and analyses required by this section,
1523	using data from the comprehensive plan for those areas for the
1524	purpose of projecting facility needs as required in this
1525	subsection. For shared facilities, each local government shall
1526	indicate the proportional capacity of the systems allocated to
1527	serve its jurisdiction.
1528	2.  The element shall describe the problems and needs and
1529	the general facilities that will be required for solution of the
1530	problems and needs, including correcting existing facility
1531	deficiencies. The element shall address coordinating the
1532	extension of, or increase in the capacity of, facilities to meet
1533	future needs while maximizing the use of existing facilities and
1534	discouraging urban sprawl; conservation of potable water
1535	resources; and protecting the functions of natural groundwater
1536	recharge areas and natural drainage features. The element shall
1537	also include a topographic map depicting any areas adopted by a
1538	regional water management district as prime groundwater recharge
1539	areas for the Floridan or Biscayne aquifers. These areas shall
1540	be given special consideration when the local government is
1541	engaged in zoning or considering future land use for said
1542	designated areas. For areas served by septic tanks, soil surveys
1543	shall be provided which indicate the suitability of soils for
1544	septic tanks.
1545	3.  Within 18 months after the governing board approves an
1546	updated regional water supply plan, the element must incorporate
1547	the alternative water supply project or projects selected by the
1548	local government from those identified in the regional water
1549	supply plan pursuant to s. 373.709(2)(a) or proposed by the
1550	local government under s. 373.709(8)(b). If a local government
1551	is located within two water management districts, the local
1552	government shall adopt its comprehensive plan amendment within
1553	18 months after the later updated regional water supply plan.
1554	The element must identify such alternative water supply projects
1555	and traditional water supply projects and conservation and reuse
1556	necessary to meet the water needs identified in s. 373.709(2)(a)
1557	within the local government's jurisdiction and include a work
1558	plan, covering at least a 10-year planning period, for building
1559	public, private, and regional water supply facilities, including
1560	development of alternative water supplies, which are identified
1561	in the element as necessary to serve existing and new
1562	development. The work plan shall be updated, at a minimum, every
1563	5 years within 18 months after the governing board of a water
1564	management district approves an updated regional water supply
1565	plan. Amendments to incorporate the work plan do not count
1566	toward the limitation on the frequency of adoption of amendments
1567	to the comprehensive plan. Local governments, public and private
1568	utilities, regional water supply authorities, special districts,
1569	and water management districts are encouraged to cooperatively
1570	plan for the development of multijurisdictional water supply
1571	facilities that are sufficient to meet projected demands for
1572	established planning periods, including the development of
1573	alternative water sources to supplement traditional sources of
1574	groundwater and surface water supplies.
1575	(d)  A conservation element for the conservation, use, and
1576	protection of natural resources in the area, including air,
1577	water, water recharge areas, wetlands, waterwells, estuarine
1578	marshes, soils, beaches, shores, flood plains, rivers, bays,
1579	lakes, harbors, forests, fisheries and wildlife, marine habitat,
1580	minerals, and other natural and environmental resources,
1581	including factors that affect energy conservation.
1582	1.  The following natural resources, where present within
1583	the local government's boundaries, shall be identified and
1584	analyzed and existing recreational or conservation uses, known
1585	pollution problems, including hazardous wastes, and the
1586	potential for conservation, recreation, use, or protection shall
1587	also be identified:
1588	a.  Rivers, bays, lakes, wetlands including estuarine
1589	marshes, groundwaters, and springs, including information on
1590	quality of the resource available.
1591	b.  Floodplains.
1592	c.  Known sources of commercially valuable minerals.
1593	d.  Areas known to have experienced soil erosion problems.
1594	e.  Areas that are the location of recreationally and
1595	commercially important fish or shellfish, wildlife, marine
1596	habitats, and vegetative communities, including forests,
1597	indicating known dominant species present and species listed by
1598	federal, state, or local government agencies as endangered,
1599	threatened, or species of special concern.
1600	2.  The element must contain principles, guidelines, and
1601	standards for conservation that provide long-term goals and
1602	which:
1603	a.  Protects air quality.
1604	b.  Conserves, appropriately uses, and protects the quality
1605	and quantity of current and projected water sources and waters
1606	that flow into estuarine waters or oceanic waters and protect
1607	from activities and land uses known to affect adversely the
1608	quality and quantity of identified water sources, including
1609	natural groundwater recharge areas, wellhead protection areas,
1610	and surface waters used as a source of public water supply.
1611	c.  Provides for the emergency conservation of water
1612	sources in accordance with the plans of the regional water
1613	management district.
1614	d.  Conserves, appropriately uses, and protects minerals,
1615	soils, and native vegetative communities, including forests,
1616	from destruction by development activities.
1617	e.  Conserves, appropriately uses, and protects fisheries,
1618	wildlife, wildlife habitat, and marine habitat and restricts
1619	activities known to adversely affect the survival of endangered
1620	and threatened wildlife.
1621	f.  Protects existing natural reservations identified in
1622	the recreation and open space element.
1623	g.  Maintains cooperation with adjacent local governments
1624	to conserve, appropriately use, or protect unique vegetative
1625	communities located within more than one local jurisdiction.
1626	h.  Designates environmentally sensitive lands for
1627	protection based on locally determined criteria which further
1628	the goals and objectives of the conservation element.
1629	i.  Manages hazardous waste to protect natural resources.
1630	j.  Protects and conserves wetlands and the natural
1631	functions of wetlands.
1632	k.  Directs future land uses that are incompatible with the
1633	protection and conservation of wetlands and wetland functions
1634	away from wetlands. The type, intensity or density, extent,
1635	distribution, and location of allowable land uses and the types,
1636	values, functions, sizes, conditions, and locations of wetlands
1637	are land use factors that shall be considered when directing
1638	incompatible land uses away from wetlands. Land uses shall be
1639	distributed in a manner that minimizes the effect and impact on
1640	wetlands. The protection and conservation of wetlands by the
1641	direction of incompatible land uses away from wetlands shall
1642	occur in combination with other principles, guidelines,
1643	standards, and strategies in the comprehensive plan. Where
1644	incompatible land uses are allowed to occur, mitigation shall be
1645	considered as one means to compensate for loss of wetlands
1646	functions.
1647	3.  Local governments shall assess their Current and, as
1648	well as projected, water needs and sources for at least a 10-
1649	year period based on the demands for industrial, agricultural,
1650	and potable water use and the quality and quantity of water
1651	available to meet these demands shall be analyzed.  The analysis
1652	shall consider the existing levels of water conservation, use,
1653	and protection and applicable policies of the regional water
1654	management district and further must consider, considering the
1655	appropriate regional water supply plan approved pursuant to s.
1656	373.709, or, in the absence of an approved regional water supply
1657	plan, the district water management plan approved pursuant to s.
1658	373.036(2). This information shall be submitted to the
1659	appropriate agencies. The land use map or map series contained
1660	in the future land use element shall generally identify and
1661	depict the following:
1662	1.  Existing and planned waterwells and cones of influence
1663	where applicable.
1664	2.  Beaches and shores, including estuarine systems.
1665	3.  Rivers, bays, lakes, flood plains, and harbors.
1666	4.  Wetlands.
1667	5.  Minerals and soils.
1668	6.  Energy conservation.
1669
1670	The land uses identified on such maps shall be consistent with
1671	applicable state law and rules.
1672	(e)  A recreation and open space element indicating a
1673	comprehensive system of public and private sites for recreation,
1674	including, but not limited to, natural reservations, parks and
1675	playgrounds, parkways, beaches and public access to beaches,
1676	open spaces, waterways, and other recreational facilities.
1677	(f)1.  A housing element consisting of standards, plans,
1678	and principles, guidelines, standards, and strategies to be
1679	followed in:
1680	a.  The provision of housing for all current and
1681	anticipated future residents of the jurisdiction.
1682	b.  The elimination of substandard dwelling conditions.
1683	c.  The structural and aesthetic improvement of existing
1684	housing.
1685	d.  The provision of adequate sites for future housing,
1686	including affordable workforce housing as defined in s.
1687	380.0651(3)(h)(j), housing for low-income, very low-income, and
1688	moderate-income families, mobile homes, and group home
1689	facilities and foster care facilities, with supporting
1690	infrastructure and public facilities.
1691	e.  Provision for relocation housing and identification of
1692	historically significant and other housing for purposes of
1693	conservation, rehabilitation, or replacement.
1694	f.  The formulation of housing implementation programs.
1695	g.  The creation or preservation of affordable housing to
1696	minimize the need for additional local services and avoid the
1697	concentration of affordable housing units only in specific areas
1698	of the jurisdiction.
1699	h.  Energy efficiency in the design and construction of new
1700	housing.
1701	i.  Use of renewable energy resources.
1702	j.  Each county in which the gap between the buying power
1703	of a family of four and the median county home sale price
1704	exceeds $170,000, as determined by the Florida Housing Finance
1705	Corporation, and which is not designated as an area of critical
1706	state concern shall adopt a plan for ensuring affordable
1707	workforce housing. At a minimum, the plan shall identify
1708	adequate sites for such housing. For purposes of this sub-
1709	subparagraph, the term "workforce housing" means housing that is
1710	affordable to natural persons or families whose total household
1711	income does not exceed 140 percent of the area median income,
1712	adjusted for household size.
1713	k.  As a precondition to receiving any state affordable
1714	housing funding or allocation for any project or program within
1715	the jurisdiction of a county that is subject to sub-subparagraph
1716	j., a county must, by July 1 of each year, provide certification
1717	that the county has complied with the requirements of sub-
1718	subparagraph j.
1719	2.  The principles, guidelines, standards, and strategies
1720	goals, objectives, and policies of the housing element must be
1721	based on the data and analysis prepared on housing needs,
1722	including an inventory taken from the latest decennial United
1723	States Census or more recent estimates, which shall include the
1724	number and distribution of dwelling units by type, tenure, age,
1725	rent, value, monthly cost of owner-occupied units, and rent or
1726	cost to income ratio, and shall show the number of dwelling
1727	units that are substandard. The inventory shall also include the
1728	methodology used to estimate the condition of housing, a
1729	projection of the anticipated number of households by size,
1730	income range, and age of residents derived from the population
1731	projections, and the minimum housing need of the current and
1732	anticipated future residents of the jurisdiction the affordable
1733	housing needs assessment.
1734	3.  The housing element must express principles,
1735	guidelines, standards, and strategies that reflect, as needed,
1736	the creation and preservation of affordable housing for all
1737	current and anticipated future residents of the jurisdiction,
1738	elimination of substandard housing conditions, adequate sites,
1739	and distribution of housing for a range of incomes and types,
1740	including mobile and manufactured homes. The element must
1741	provide for specific programs and actions to partner with
1742	private and nonprofit sectors to address housing needs in the
1743	jurisdiction, streamline the permitting process, and minimize
1744	costs and delays for affordable housing, establish standards to
1745	address the quality of housing, stabilization of neighborhoods,
1746	and identification and improvement of historically significant
1747	housing.
1748	4.  State and federal housing plans prepared on behalf of
1749	the local government must be consistent with the goals,
1750	objectives, and policies of the housing element. Local
1751	governments are encouraged to use job training, job creation,
1752	and economic solutions to address a portion of their affordable
1753	housing concerns.
1754	2.  To assist local governments in housing data collection
1755	and analysis and assure uniform and consistent information
1756	regarding the state's housing needs, the state land planning
1757	agency shall conduct an affordable housing needs assessment for
1758	all local jurisdictions on a schedule that coordinates the
1759	implementation of the needs assessment with the evaluation and
1760	appraisal reports required by s. 163.3191. Each local government
1761	shall utilize the data and analysis from the needs assessment as
1762	one basis for the housing element of its local comprehensive
1763	plan. The agency shall allow a local government the option to
1764	perform its own needs assessment, if it uses the methodology
1765	established by the agency by rule.
1766	(g)1.  For those units of local government identified in s.
1767	380.24, a coastal management element, appropriately related to
1768	the particular requirements of paragraphs (d) and (e) and
1769	meeting the requirements of s. 163.3178(2) and (3). The coastal
1770	management element shall set forth the principles, guidelines,
1771	standards, and strategies policies that shall guide the local
1772	government's decisions and program implementation with respect
1773	to the following objectives:
1774	1.a.  Maintain, restore, and enhance Maintenance,
1775	restoration, and enhancement of the overall quality of the
1776	coastal zone environment, including, but not limited to, its
1777	amenities and aesthetic values.
1778	2.b.  Preserve the continued existence of viable
1779	populations of all species of wildlife and marine life.
1780	3.c.  Protect the orderly and balanced utilization and
1781	preservation, consistent with sound conservation principles, of
1782	all living and nonliving coastal zone resources.
1783	4.d.  Avoid Avoidance of irreversible and irretrievable
1784	loss of coastal zone resources.
1785	5.e.  Use ecological planning principles and assumptions to
1786	be used in the determination of the suitability and extent of
1787	permitted development.
1788	f.  Proposed management and regulatory techniques.
1789	6.g.  Limit Limitation of public expenditures that
1790	subsidize development in high-hazard coastal high-hazard areas.
1791	7.h.  Protect Protection of human life against the effects
1792	of natural disasters.
1793	8.i.  Direct the orderly development, maintenance, and use
1794	of ports identified in s. 403.021(9) to facilitate deepwater
1795	commercial navigation and other related activities.
1796	9.j.  Preserve historic and archaeological resources, which
1797	include the Preservation, including sensitive adaptive use of
1798	these historic and archaeological resources.
1799	10.  At the option of the local government, develop an
1800	adaptation action area designation for those low-lying coastal
1801	zones that are experiencing coastal flooding due to extreme high
1802	tides and storm surge and are vulnerable to the impacts of
1803	rising sea level. Local governments that adopt an adaptation
1804	action area may consider policies within the coastal management
1805	element to improve resilience to coastal flooding resulting from
1806	high-tide events, storm surge, flash floods, stormwater runoff,
1807	and related impacts of sea level rise. Criteria for the
1808	adaptation action area may include, but need not be limited to,
1809	areas for which the land elevations are below, at, or near mean
1810	higher high water, which have an hydrologic connection to
1811	coastal waters, or which are designated as evacuation zones for
1812	storm surge.
1813	2.  As part of this element, a local government that has a
1814	coastal management element in its comprehensive plan is
1815	encouraged to adopt recreational surface water use policies that
1816	include applicable criteria for and consider such factors as
1817	natural resources, manatee protection needs, protection of
1818	working waterfronts and public access to the water, and
1819	recreation and economic demands. Criteria for manatee protection
1820	in the recreational surface water use policies should reflect
1821	applicable guidance outlined in the Boat Facility Siting Guide
1822	prepared by the Fish and Wildlife Conservation Commission. If
1823	the local government elects to adopt recreational surface water
1824	use policies by comprehensive plan amendment, such comprehensive
1825	plan amendment is exempt from the provisions of s. 163.3187(1).
1826	Local governments that wish to adopt recreational surface water
1827	use policies may be eligible for assistance with the development
1828	of such policies through the Florida Coastal Management Program.
1829	The Office of Program Policy Analysis and Government
1830	Accountability shall submit a report on the adoption of
1831	recreational surface water use policies under this subparagraph
1832	to the President of the Senate, the Speaker of the House of
1833	Representatives, and the majority and minority leaders of the
1834	Senate and the House of Representatives no later than December
1835	1, 2010.
1836	(h)1.  An intergovernmental coordination element showing
1837	relationships and stating principles and guidelines to be used
1838	in coordinating the adopted comprehensive plan with the plans of
1839	school boards, regional water supply authorities, and other
1840	units of local government providing services but not having
1841	regulatory authority over the use of land, with the
1842	comprehensive plans of adjacent municipalities, the county,
1843	adjacent counties, or the region, with the state comprehensive
1844	plan and with the applicable regional water supply plan approved
1845	pursuant to s. 373.709, as the case may require and as such
1846	adopted plans or plans in preparation may exist. This element of
1847	the local comprehensive plan must demonstrate consideration of
1848	the particular effects of the local plan, when adopted, upon the
1849	development of adjacent municipalities, the county, adjacent
1850	counties, or the region, or upon the state comprehensive plan,
1851	as the case may require.
1852	a.  The intergovernmental coordination element must provide
1853	procedures for identifying and implementing joint planning
1854	areas, especially for the purpose of annexation, municipal
1855	incorporation, and joint infrastructure service areas.
1856	b.  The intergovernmental coordination element must provide
1857	for recognition of campus master plans prepared pursuant to s.
1858	1013.30 and airport master plans under paragraph (k).
1859	c.  The intergovernmental coordination element shall
1860	provide for a dispute resolution process, as established
1861	pursuant to s. 186.509, for bringing intergovernmental disputes
1862	to closure in a timely manner.
1863	c.d.  The intergovernmental coordination element shall
1864	provide for interlocal agreements as established pursuant to s.
1865	333.03(1)(b).
1866	2.  The intergovernmental coordination element shall also
1867	state principles and guidelines to be used in coordinating the
1868	adopted comprehensive plan with the plans of school boards and
1869	other units of local government providing facilities and
1870	services but not having regulatory authority over the use of
1871	land. In addition, the intergovernmental coordination element
1872	must describe joint processes for collaborative planning and
1873	decisionmaking on population projections and public school
1874	siting, the location and extension of public facilities subject
1875	to concurrency, and siting facilities with countywide
1876	significance, including locally unwanted land uses whose nature
1877	and identity are established in an agreement.
1878	3.  Within 1 year after adopting their intergovernmental
1879	coordination elements, each county, all the municipalities
1880	within that county, the district school board, and any unit of
1881	local government service providers in that county shall
1882	establish by interlocal or other formal agreement executed by
1883	all affected entities, the joint processes described in this
1884	subparagraph consistent with their adopted intergovernmental
1885	coordination elements. The element must:
1886	a.  Ensure that the local government addresses through
1887	coordination mechanisms the impacts of development proposed in
1888	the local comprehensive plan upon development in adjacent
1889	municipalities, the county, adjacent counties, the region, and
1890	the state. The area of concern for municipalities shall include
1891	adjacent municipalities, the county, and counties adjacent to
1892	the municipality. The area of concern for counties shall include
1893	all municipalities within the county, adjacent counties, and
1894	adjacent municipalities.
1895	b.  Ensure coordination in establishing level of service
1896	standards for public facilities with any state, regional, or
1897	local entity having operational and maintenance responsibility
1898	for such facilities.
1899	3.  To foster coordination between special districts and
1900	local general-purpose governments as local general-purpose
1901	governments implement local comprehensive plans, each
1902	independent special district must submit a public facilities
1903	report to the appropriate local government as required by s.
1904	189.415.
1905	4.  Local governments shall execute an interlocal agreement
1906	with the district school board, the county, and nonexempt
1907	municipalities pursuant to s. 163.31777. The local government
1908	shall amend the intergovernmental coordination element to ensure
1909	that coordination between the local government and school board
1910	is pursuant to the agreement and shall state the obligations of
1911	the local government under the agreement. Plan amendments that
1912	comply with this subparagraph are exempt from the provisions of
1913	s. 163.3187(1).
1914	5.  By January 1, 2004, any county having a population
1915	greater than 100,000, and the municipalities and special
1916	districts within that county, shall submit a report to the
1917	Department of Community Affairs which identifies:
1918	a.   All existing or proposed interlocal service delivery
1919	agreements relating to education; sanitary sewer; public safety;
1920	solid waste; drainage; potable water; parks and recreation; and
1921	transportation facilities.
1922	b.   Any deficits or duplication in the provision of
1923	services within its jurisdiction, whether capital or
1924	operational. Upon request, the Department of Community Affairs
1925	shall provide technical assistance to the local governments in
1926	identifying deficits or duplication.
1927	6.  Within 6 months after submission of the report, the
1928	Department of Community Affairs shall, through the appropriate
1929	regional planning council, coordinate a meeting of all local
1930	governments within the regional planning area to discuss the
1931	reports and potential strategies to remedy any identified
1932	deficiencies or duplications.
1933	7.  Each local government shall update its
1934	intergovernmental coordination element based upon the findings
1935	in the report submitted pursuant to subparagraph 5. The report
1936	may be used as supporting data and analysis for the
1937	intergovernmental coordination element.
1938	(i)  The optional elements of the comprehensive plan in
1939	paragraphs (7)(a) and (b) are required elements for those
1940	municipalities having populations greater than 50,000, and those
1941	counties having populations greater than 75,000, as determined
1942	under s. 186.901.
1943	(j)  For each unit of local government within an urbanized
1944	area designated for purposes of s. 339.175, a transportation
1945	element, which must be prepared and adopted in lieu of the
1946	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
1947	and (d) and which shall address the following issues:
1948	1.  Traffic circulation, including major thoroughfares and
1949	other routes, including bicycle and pedestrian ways.
1950	2.  All alternative modes of travel, such as public
1951	transportation, pedestrian, and bicycle travel.
1952	3.  Parking facilities.
1953	4.  Aviation, rail, seaport facilities, access to those
1954	facilities, and intermodal terminals.
1955	5.  The availability of facilities and services to serve
1956	existing land uses and the compatibility between future land use
1957	and transportation elements.
1958	6.  The capability to evacuate the coastal population prior
1959	to an impending natural disaster.
1960	7.  Airports, projected airport and aviation development,
1961	and land use compatibility around airports, which includes areas
1962	defined in ss. 333.01 and 333.02.
1963	8.  An identification of land use densities, building
1964	intensities, and transportation management programs to promote
1965	public transportation systems in designated public
1966	transportation corridors so as to encourage population densities
1967	sufficient to support such systems.
1968	9.  May include transportation corridors, as defined in s.
1969	334.03, intended for future transportation facilities designated
1970	pursuant to s. 337.273. If transportation corridors are
1971	designated, the local government may adopt a transportation
1972	corridor management ordinance.
1973	10.  The incorporation of transportation strategies to
1974	address reduction in greenhouse gas emissions from the
1975	transportation sector.
1976	(k)  An airport master plan, and any subsequent amendments
1977	to the airport master plan, prepared by a licensed publicly
1978	owned and operated airport under s. 333.06 may be incorporated
1979	into the local government comprehensive plan by the local
1980	government having jurisdiction under this act for the area in
1981	which the airport or projected airport development is located by
1982	the adoption of a comprehensive plan amendment. In the amendment
1983	to the local comprehensive plan that integrates the airport
1984	master plan, the comprehensive plan amendment shall address land
1985	use compatibility consistent with chapter 333 regarding airport
1986	zoning; the provision of regional transportation facilities for
1987	the efficient use and operation of the transportation system and
1988	airport; consistency with the local government transportation
1989	circulation element and applicable metropolitan planning
1990	organization long-range transportation plans; and the execution
1991	of any necessary interlocal agreements for the purposes of the
1992	provision of public facilities and services to maintain the
1993	adopted level-of-service standards for facilities subject to
1994	concurrency; and may address airport-related or aviation-related
1995	development. Development or expansion of an airport consistent
1996	with the adopted airport master plan that has been incorporated
1997	into the local comprehensive plan in compliance with this part,
1998	and airport-related or aviation-related development that has
1999	been addressed in the comprehensive plan amendment that
2000	incorporates the airport master plan, shall not be a development
2001	of regional impact. Notwithstanding any other general law, an
2002	airport that has received a development-of-regional-impact
2003	development order pursuant to s. 380.06, but which is no longer
2004	required to undergo development-of-regional-impact review
2005	pursuant to this subsection, may abandon its development-of-
2006	regional-impact order upon written notification to the
2007	applicable local government. Upon receipt by the local
2008	government, the development-of-regional-impact development order
2009	is void.
2010	(7)  The comprehensive plan may include the following
2011	additional elements, or portions or phases thereof:
2012	(a)  As a part of the circulation element of paragraph
2013	(6)(b) or as a separate element, a mass-transit element showing
2014	proposed methods for the moving of people, rights-of-way,
2015	terminals, related facilities, and fiscal considerations for the
2016	accomplishment of the element.
2017	(b)  As a part of the circulation element of paragraph
2018	(6)(b) or as a separate element, plans for port, aviation, and
2019	related facilities coordinated with the general circulation and
2020	transportation element.
2021	(c)  As a part of the circulation element of paragraph
2022	(6)(b) and in coordination with paragraph (6)(e), where
2023	applicable, a plan element for the circulation of recreational
2024	traffic, including bicycle facilities, exercise trails, riding
2025	facilities, and such other matters as may be related to the
2026	improvement and safety of movement of all types of recreational
2027	traffic.
2028	(d)  As a part of the circulation element of paragraph
2029	(6)(b) or as a separate element, a plan element for the
2030	development of offstreet parking facilities for motor vehicles
2031	and the fiscal considerations for the accomplishment of the
2032	element.
2033	(e)  A public buildings and related facilities element
2034	showing locations and arrangements of civic and community
2035	centers, public schools, hospitals, libraries, police and fire
2036	stations, and other public buildings. This plan element should
2037	show particularly how it is proposed to effect coordination with
2038	governmental units, such as school boards or hospital
2039	authorities, having public development and service
2040	responsibilities, capabilities, and potential but not having
2041	land development regulatory authority. This element may include
2042	plans for architecture and landscape treatment of their grounds.
2043	(f)  A recommended community design element which may
2044	consist of design recommendations for land subdivision,
2045	neighborhood development and redevelopment, design of open space
2046	locations, and similar matters to the end that such
2047	recommendations may be available as aids and guides to
2048	developers in the future planning and development of land in the
2049	area.
2050	(g)  A general area redevelopment element consisting of
2051	plans and programs for the redevelopment of slums and blighted
2052	locations in the area and for community redevelopment, including
2053	housing sites, business and industrial sites, public buildings
2054	sites, recreational facilities, and other purposes authorized by
2055	law.
2056	(h)  A safety element for the protection of residents and
2057	property of the area from fire, hurricane, or manmade or natural
2058	catastrophe, including such necessary features for protection as
2059	evacuation routes and their control in an emergency, water
2060	supply requirements, minimum road widths, clearances around and
2061	elevations of structures, and similar matters.
2062	(i)  An historical and scenic preservation element setting
2063	out plans and programs for those structures or lands in the area
2064	having historical, archaeological, architectural, scenic, or
2065	similar significance.
2066	(j)  An economic element setting forth principles and
2067	guidelines for the commercial and industrial development, if
2068	any, and the employment and personnel utilization within the
2069	area. The element may detail the type of commercial and
2070	industrial development sought, correlated to the present and
2071	projected employment needs of the area and to other elements of
2072	the plans, and may set forth methods by which a balanced and
2073	stable economic base will be pursued.
2074	(k)  Such other elements as may be peculiar to, and
2075	necessary for, the area concerned and as are added to the
2076	comprehensive plan by the governing body upon the recommendation
2077	of the local planning agency.
2078	(l)  Local governments that are not required to prepare
2079	coastal management elements under s. 163.3178 are encouraged to
2080	adopt hazard mitigation/postdisaster redevelopment plans. These
2081	plans should, at a minimum, establish long-term policies
2082	regarding redevelopment, infrastructure, densities,
2083	nonconforming uses, and future land use patterns. Grants to
2084	assist local governments in the preparation of these hazard
2085	mitigation/postdisaster redevelopment plans shall be available
2086	through the Emergency Management Preparedness and Assistance
2087	Account in the Grants and Donations Trust Fund administered by
2088	the department, if such account is created by law. The plans
2089	must be in compliance with the requirements of this act and
2090	chapter 252.
2091	(8)  All elements of the comprehensive plan, whether
2092	mandatory or optional, shall be based upon data appropriate to
2093	the element involved. Surveys and studies utilized in the
2094	preparation of the comprehensive plan shall not be deemed a part
2095	of the comprehensive plan unless adopted as a part of it. Copies
2096	of such studies, surveys, and supporting documents shall be made
2097	available to public inspection, and copies of such plans shall
2098	be made available to the public upon payment of reasonable
2099	charges for reproduction.
2100	(9)  The state land planning agency shall, by February 15,
2101	1986, adopt by rule minimum criteria for the review and
2102	determination of compliance of the local government
2103	comprehensive plan elements required by this act. Such rules
2104	shall not be subject to rule challenges under s. 120.56(2) or to
2105	drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2106	become effective only after they have been submitted to the
2107	President of the Senate and the Speaker of the House of
2108	Representatives for review by the Legislature no later than 30
2109	days prior to the next regular session of the Legislature. In
2110	its review the Legislature may reject, modify, or take no action
2111	relative to the rules. The agency shall conform the rules to the
2112	changes made by the Legislature, or, if no action was taken, the
2113	agency rules shall become effective. The rule shall include
2114	criteria for determining whether:
2115	(a)  Proposed elements are in compliance with the
2116	requirements of part II, as amended by this act.
2117	(b)  Other elements of the comprehensive plan are related
2118	to and consistent with each other.
2119	(c)  The local government comprehensive plan elements are
2120	consistent with the state comprehensive plan and the appropriate
2121	regional policy plan pursuant to s. 186.508.
2122	(d)  Certain bays, estuaries, and harbors that fall under
2123	the jurisdiction of more than one local government are managed
2124	in a consistent and coordinated manner in the case of local
2125	governments required to include a coastal management element in
2126	their comprehensive plans pursuant to paragraph (6)(g).
2127	(e)  Proposed elements identify the mechanisms and
2128	procedures for monitoring, evaluating, and appraising
2129	implementation of the plan. Specific measurable objectives are
2130	included to provide a basis for evaluating effectiveness as
2131	required by s. 163.3191.
2132	(f)  Proposed elements contain policies to guide future
2133	decisions in a consistent manner.
2134	(g)  Proposed elements contain programs and activities to
2135	ensure that comprehensive plans are implemented.
2136	(h)  Proposed elements identify the need for and the
2137	processes and procedures to ensure coordination of all
2138	development activities and services with other units of local
2139	government, regional planning agencies, water management
2140	districts, and state and federal agencies as appropriate.
2141
2142	The state land planning agency may adopt procedural rules that
2143	are consistent with this section and chapter 120 for the review
2144	of local government comprehensive plan elements required under
2145	this section. The state land planning agency shall provide model
2146	plans and ordinances and, upon request, other assistance to
2147	local governments in the adoption and implementation of their
2148	revised local government comprehensive plans. The review and
2149	comment provisions applicable prior to October 1, 1985, shall
2150	continue in effect until the criteria for review and
2151	determination are adopted pursuant to this subsection and the
2152	comprehensive plans required by s. 163.3167(2) are due.
2153	(10)  The Legislature recognizes the importance and
2154	significance of chapter 9J-5, Florida Administrative Code, the
2155	Minimum Criteria for Review of Local Government Comprehensive
2156	Plans and Determination of Compliance of the Department of
2157	Community Affairs that will be used to determine compliance of
2158	local comprehensive plans. The Legislature reserved unto itself
2159	the right to review chapter 9J-5, Florida Administrative Code,
2160	and to reject, modify, or take no action relative to this rule.
2161	Therefore, pursuant to subsection (9), the Legislature hereby
2162	has reviewed chapter 9J-5, Florida Administrative Code, and
2163	expresses the following legislative intent:
2164	(a)  The Legislature finds that in order for the department
2165	to review local comprehensive plans, it is necessary to define
2166	the term "consistency." Therefore, for the purpose of
2167	determining whether local comprehensive plans are consistent
2168	with the state comprehensive plan and the appropriate regional
2169	policy plan, a local plan shall be consistent with such plans if
2170	the local plan is "compatible with" and "furthers" such plans.
2171	The term "compatible with" means that the local plan is not in
2172	conflict with the state comprehensive plan or appropriate
2173	regional policy plan. The term "furthers" means to take action
2174	in the direction of realizing goals or policies of the state or
2175	regional plan. For the purposes of determining consistency of
2176	the local plan with the state comprehensive plan or the
2177	appropriate regional policy plan, the state or regional plan
2178	shall be construed as a whole and no specific goal and policy
2179	shall be construed or applied in isolation from the other goals
2180	and policies in the plans.
2181	(b)  Each local government shall review all the state
2182	comprehensive plan goals and policies and shall address in its
2183	comprehensive plan the goals and policies which are relevant to
2184	the circumstances or conditions in its jurisdiction. The
2185	decision regarding which particular state comprehensive plan
2186	goals and policies will be furthered by the expenditure of a
2187	local government's financial resources in any given year is a
2188	decision which rests solely within the discretion of the local
2189	government. Intergovernmental coordination, as set forth in
2190	paragraph (6)(h), shall be utilized to the extent required to
2191	carry out the provisions of chapter 9J-5, Florida Administrative
2192	Code.
2193	(c)  The Legislature declares that if any portion of
2194	chapter 9J-5, Florida Administrative Code, is found to be in
2195	conflict with this part, the appropriate statutory provision
2196	shall prevail.
2197	(d)  Chapter 9J-5, Florida Administrative Code, does not
2198	mandate the creation, limitation, or elimination of regulatory
2199	authority, nor does it authorize the adoption or require the
2200	repeal of any rules, criteria, or standards of any local,
2201	regional, or state agency.
2202	(e)  It is the Legislature's intent that support data or
2203	summaries thereof shall not be subject to the compliance review
2204	process, but the Legislature intends that goals and policies be
2205	clearly based on appropriate data. The department may utilize
2206	support data or summaries thereof to aid in its determination of
2207	compliance and consistency. The Legislature intends that the
2208	department may evaluate the application of a methodology
2209	utilized in data collection or whether a particular methodology
2210	is professionally accepted. However, the department shall not
2211	evaluate whether one accepted methodology is better than
2212	another. Chapter 9J-5, Florida Administrative Code, shall not be
2213	construed to require original data collection by local
2214	governments; however, Local governments are not to be
2215	discouraged from utilizing original data so long as
2216	methodologies are professionally accepted.
2217	(f)  The Legislature recognizes that under this section,
2218	local governments are charged with setting levels of service for
2219	public facilities in their comprehensive plans in accordance
2220	with which development orders and permits will be issued
2221	pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2222	the authority of state, regional, or local agencies as otherwise
2223	provided by law.
2224	(g)  Definitions contained in chapter 9J-5, Florida
2225	Administrative Code, are not intended to modify or amend the
2226	definitions utilized for purposes of other programs or rules or
2227	to establish or limit regulatory authority. Local governments
2228	may establish alternative definitions in local comprehensive
2229	plans, as long as such definitions accomplish the intent of this
2230	chapter, and chapter 9J-5, Florida Administrative Code.
2231	(h)  It is the intent of the Legislature that public
2232	facilities and services needed to support development shall be
2233	available concurrent with the impacts of such development in
2234	accordance with s. 163.3180. In meeting this intent, public
2235	facility and service availability shall be deemed sufficient if
2236	the public facilities and services for a development are phased,
2237	or the development is phased, so that the public facilities and
2238	those related services which are deemed necessary by the local
2239	government to operate the facilities necessitated by that
2240	development are available concurrent with the impacts of the
2241	development. The public facilities and services, unless already
2242	available, are to be consistent with the capital improvements
2243	element of the local comprehensive plan as required by paragraph
2244	(3)(a) or guaranteed in an enforceable development agreement.
2245	This shall include development agreements pursuant to this
2246	chapter or in an agreement or a development order issued
2247	pursuant to chapter 380. Nothing herein shall be construed to
2248	require a local government to address services in its capital
2249	improvements plan or to limit a local government's ability to
2250	address any service in its capital improvements plan that it
2251	deems necessary.
2252	(i)  The department shall take into account the factors
2253	delineated in rule 9J-5.002(2), Florida Administrative Code, as
2254	it provides assistance to local governments and applies the rule
2255	in specific situations with regard to the detail of the data and
2256	analysis required.
2257	(j)  Chapter 9J-5, Florida Administrative Code, has become
2258	effective pursuant to subsection (9). The Legislature hereby
2259	directs the department to adopt amendments as necessary which
2260	conform chapter 9J-5, Florida Administrative Code, with the
2261	requirements of this legislative intent by October 1, 1986.
2262	(k)  In order for local governments to prepare and adopt
2263	comprehensive plans with knowledge of the rules that are applied
2264	to determine consistency of the plans with this part, there
2265	should be no doubt as to the legal standing of chapter 9J-5,
2266	Florida Administrative Code, at the close of the 1986
2267	legislative session. Therefore, the Legislature declares that
2268	changes made to chapter 9J-5 before October 1, 1986, are not
2269	subject to rule challenges under s. 120.56(2), or to drawout
2270	proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2271	Florida Administrative Code, as amended, is subject to rule
2272	challenges under s. 120.56(3), as nothing herein indicates
2273	approval or disapproval of any portion of chapter 9J-5 not
2274	specifically addressed herein. Any amendments to chapter 9J-5,
2275	Florida Administrative Code, exclusive of the amendments adopted
2276	prior to October 1, 1986, pursuant to this act, shall be subject
2277	to the full chapter 120 process. All amendments shall have
2278	effective dates as provided in chapter 120 and submission to the
2279	President of the Senate and Speaker of the House of
2280	Representatives shall not be required.
2281	(l)  The state land planning agency shall consider land use
2282	compatibility issues in the vicinity of all airports in
2283	coordination with the Department of Transportation and adjacent
2284	to or in close proximity to all military installations in
2285	coordination with the Department of Defense.
2286	(11)(a)  The Legislature recognizes the need for innovative
2287	planning and development strategies which will address the
2288	anticipated demands of continued urbanization of Florida's
2289	coastal and other environmentally sensitive areas, and which
2290	will accommodate the development of less populated regions of
2291	the state which seek economic development and which have
2292	suitable land and water resources to accommodate growth in an
2293	environmentally acceptable manner. The Legislature further
2294	recognizes the substantial advantages of innovative approaches
2295	to development which may better serve to protect environmentally
2296	sensitive areas, maintain the economic viability of agricultural
2297	and other predominantly rural land uses, and provide for the
2298	cost-efficient delivery of public facilities and services.
2299	(b)  It is the intent of the Legislature that the local
2300	government comprehensive plans and plan amendments adopted
2301	pursuant to the provisions of this part provide for a planning
2302	process which allows for land use efficiencies within existing
2303	urban areas and which also allows for the conversion of rural
2304	lands to other uses, where appropriate and consistent with the
2305	other provisions of this part and the affected local
2306	comprehensive plans, through the application of innovative and
2307	flexible planning and development strategies and creative land
2308	use planning techniques, which may include, but not be limited
2309	to, urban villages, new towns, satellite communities, area-based
2310	allocations, clustering and open space provisions, mixed-use
2311	development, and sector planning.
2312	(c)  It is the further intent of the Legislature that local
2313	government comprehensive plans and implementing land development
2314	regulations shall provide strategies which maximize the use of
2315	existing facilities and services through redevelopment, urban
2316	infill development, and other strategies for urban
2317	revitalization.
2318	(d)1.  The department, in cooperation with the Department
2319	of Agriculture and Consumer Services, the Department of
2320	Environmental Protection, water management districts, and
2321	regional planning councils, shall provide assistance to local
2322	governments in the implementation of this paragraph and rule 9J-
2323	5.006(5)(l), Florida Administrative Code. Implementation of
2324	those provisions shall include a process by which the department
2325	may authorize local governments to designate all or portions of
2326	lands classified in the future land use element as predominantly
2327	agricultural, rural, open, open-rural, or a substantively
2328	equivalent land use, as a rural land stewardship area within
2329	which planning and economic incentives are applied to encourage
2330	the implementation of innovative and flexible planning and
2331	development strategies and creative land use planning
2332	techniques, including those contained herein and in rule 9J-
2333	5.006(5)(l), Florida Administrative Code. Assistance may
2334	include, but is not limited to:
2335	a.  Assistance from the Department of Environmental
2336	Protection and water management districts in creating the
2337	geographic information systems land cover database and aerial
2338	photogrammetry needed to prepare for a rural land stewardship
2339	area;
2340	b.  Support for local government implementation of rural
2341	land stewardship concepts by providing information and
2342	assistance to local governments regarding land acquisition
2343	programs that may be used by the local government or landowners
2344	to leverage the protection of greater acreage and maximize the
2345	effectiveness of rural land stewardship areas; and
2346	c.  Expansion of the role of the Department of Community
2347	Affairs as a resource agency to facilitate establishment of
2348	rural land stewardship areas in smaller rural counties that do
2349	not have the staff or planning budgets to create a rural land
2350	stewardship area.
2351	2.  The department shall encourage participation by local
2352	governments of different sizes and rural characteristics in
2353	establishing and implementing rural land stewardship areas. It
2354	is the intent of the Legislature that rural land stewardship
2355	areas be used to further the following broad principles of rural
2356	sustainability: restoration and maintenance of the economic
2357	value of rural land; control of urban sprawl; identification and
2358	protection of ecosystems, habitats, and natural resources;
2359	promotion of rural economic activity; maintenance of the
2360	viability of Florida's agricultural economy; and protection of
2361	the character of rural areas of Florida. Rural land stewardship
2362	areas may be multicounty in order to encourage coordinated
2363	regional stewardship planning.
2364	3.  A local government, in conjunction with a regional
2365	planning council, a stakeholder organization of private land
2366	owners, or another local government, shall notify the department
2367	in writing of its intent to designate a rural land stewardship
2368	area. The written notification shall describe the basis for the
2369	designation, including the extent to which the rural land
2370	stewardship area enhances rural land values, controls urban
2371	sprawl, provides necessary open space for agriculture and
2372	protection of the natural environment, promotes rural economic
2373	activity, and maintains rural character and the economic
2374	viability of agriculture.
2375	4.  A rural land stewardship area shall be not less than
2376	10,000 acres and shall be located outside of municipalities and
2377	established urban growth boundaries, and shall be designated by
2378	plan amendment. The plan amendment designating a rural land
2379	stewardship area shall be subject to review by the Department of
2380	Community Affairs pursuant to s. 163.3184 and shall provide for
2381	the following:
2382	a.  Criteria for the designation of receiving areas within
2383	rural land stewardship areas in which innovative planning and
2384	development strategies may be applied. Criteria shall at a
2385	minimum provide for the following: adequacy of suitable land to
2386	accommodate development so as to avoid conflict with
2387	environmentally sensitive areas, resources, and habitats;
2388	compatibility between and transition from higher density uses to
2389	lower intensity rural uses; the establishment of receiving area
2390	service boundaries which provide for a separation between
2391	receiving areas and other land uses within the rural land
2392	stewardship area through limitations on the extension of
2393	services; and connection of receiving areas with the rest of the
2394	rural land stewardship area using rural design and rural road
2395	corridors.
2396	b.  Goals, objectives, and policies setting forth the
2397	innovative planning and development strategies to be applied
2398	within rural land stewardship areas pursuant to the provisions
2399	of this section.
2400	c.  A process for the implementation of innovative planning
2401	and development strategies within the rural land stewardship
2402	area, including those described in this subsection and rule 9J-
2403	5.006(5)(l), Florida Administrative Code, which provide for a
2404	functional mix of land uses, including adequate available
2405	workforce housing, including low, very-low and moderate income
2406	housing for the development anticipated in the receiving area
2407	and which are applied through the adoption by the local
2408	government of zoning and land development regulations applicable
2409	to the rural land stewardship area.
2410	d.  A process which encourages visioning pursuant to s.
2411	163.3167(11) to ensure that innovative planning and development
2412	strategies comply with the provisions of this section.
2413	e.  The control of sprawl through the use of innovative
2414	strategies and creative land use techniques consistent with the
2415	provisions of this subsection and rule 9J-5.006(5)(l), Florida
2416	Administrative Code.
2417	5.  A receiving area shall be designated by the adoption of
2418	a land development regulation. Prior to the designation of a
2419	receiving area, the local government shall provide the
2420	Department of Community Affairs a period of 30 days in which to
2421	review a proposed receiving area for consistency with the rural
2422	land stewardship area plan amendment and to provide comments to
2423	the local government. At the time of designation of a
2424	stewardship receiving area, a listed species survey will be
2425	performed. If listed species occur on the receiving area site,
2426	the developer shall coordinate with each appropriate local,
2427	state, or federal agency to determine if adequate provisions
2428	have been made to protect those species in accordance with
2429	applicable regulations. In determining the adequacy of
2430	provisions for the protection of listed species and their
2431	habitats, the rural land stewardship area shall be considered as
2432	a whole, and the impacts to areas to be developed as receiving
2433	areas shall be considered together with the environmental
2434	benefits of areas protected as sending areas in fulfilling this
2435	criteria.
2436	6.  Upon the adoption of a plan amendment creating a rural
2437	land stewardship area, the local government shall, by ordinance,
2438	establish the methodology for the creation, conveyance, and use
2439	of transferable rural land use credits, otherwise referred to as
2440	stewardship credits, the application of which shall not
2441	constitute a right to develop land, nor increase density of
2442	land, except as provided by this section. The total amount of
2443	transferable rural land use credits within the rural land
2444	stewardship area must enable the realization of the long-term
2445	vision and goals for the 25-year or greater projected population
2446	of the rural land stewardship area, which may take into
2447	consideration the anticipated effect of the proposed receiving
2448	areas. Transferable rural land use credits are subject to the
2449	following limitations:
2450	a.  Transferable rural land use credits may only exist
2451	within a rural land stewardship area.
2452	b.  Transferable rural land use credits may only be used on
2453	lands designated as receiving areas and then solely for the
2454	purpose of implementing innovative planning and development
2455	strategies and creative land use planning techniques adopted by
2456	the local government pursuant to this section.
2457	c.  Transferable rural land use credits assigned to a
2458	parcel of land within a rural land stewardship area shall cease
2459	to exist if the parcel of land is removed from the rural land
2460	stewardship area by plan amendment.
2461	d.  Neither the creation of the rural land stewardship area
2462	by plan amendment nor the assignment of transferable rural land
2463	use credits by the local government shall operate to displace
2464	the underlying density of land uses assigned to a parcel of land
2465	within the rural land stewardship area; however, if transferable
2466	rural land use credits are transferred from a parcel for use
2467	within a designated receiving area, the underlying density
2468	assigned to the parcel of land shall cease to exist.
2469	e.  The underlying density on each parcel of land located
2470	within a rural land stewardship area shall not be increased or
2471	decreased by the local government, except as a result of the
2472	conveyance or use of transferable rural land use credits, as
2473	long as the parcel remains within the rural land stewardship
2474	area.
2475	f.  Transferable rural land use credits shall cease to
2476	exist on a parcel of land where the underlying density assigned
2477	to the parcel of land is utilized.
2478	g.  An increase in the density of use on a parcel of land
2479	located within a designated receiving area may occur only
2480	through the assignment or use of transferable rural land use
2481	credits and shall not require a plan amendment.
2482	h.  A change in the density of land use on parcels located
2483	within receiving areas shall be specified in a development order
2484	which reflects the total number of transferable rural land use
2485	credits assigned to the parcel of land and the infrastructure
2486	and support services necessary to provide for a functional mix
2487	of land uses corresponding to the plan of development.
2488	i.  Land within a rural land stewardship area may be
2489	removed from the rural land stewardship area through a plan
2490	amendment.
2491	j.  Transferable rural land use credits may be assigned at
2492	different ratios of credits per acre according to the natural
2493	resource or other beneficial use characteristics of the land and
2494	according to the land use remaining following the transfer of
2495	credits, with the highest number of credits per acre assigned to
2496	the most environmentally valuable land or, in locations where
2497	the retention of open space and agricultural land is a priority,
2498	to such lands.
2499	k.  The use or conveyance of transferable rural land use
2500	credits must be recorded in the public records of the county in
2501	which the property is located as a covenant or restrictive
2502	easement running with the land in favor of the county and either
2503	the Department of Environmental Protection, Department of
2504	Agriculture and Consumer Services, a water management district,
2505	or a recognized statewide land trust.
2506	7.  Owners of land within rural land stewardship areas
2507	should be provided incentives to enter into rural land
2508	stewardship agreements, pursuant to existing law and rules
2509	adopted thereto, with state agencies, water management
2510	districts, and local governments to achieve mutually agreed upon
2511	conservation objectives. Such incentives may include, but not be
2512	limited to, the following:
2513	a.  Opportunity to accumulate transferable mitigation
2514	credits.
2515	b.  Extended permit agreements.
2516	c.  Opportunities for recreational leases and ecotourism.
2517	d.  Payment for specified land management services on
2518	publicly owned land, or property under covenant or restricted
2519	easement in favor of a public entity.
2520	e.  Option agreements for sale to public entities or
2521	private land conservation entities, in either fee or easement,
2522	upon achievement of conservation objectives.
2523	8.  The department shall report to the Legislature on an
2524	annual basis on the results of implementation of rural land
2525	stewardship areas authorized by the department, including
2526	successes and failures in achieving the intent of the
2527	Legislature as expressed in this paragraph.
2528	(e)  The Legislature finds that mixed-use, high-density
2529	development is appropriate for urban infill and redevelopment
2530	areas. Mixed-use projects accommodate a variety of uses,
2531	including residential and commercial, and usually at higher
2532	densities that promote pedestrian-friendly, sustainable
2533	communities. The Legislature recognizes that mixed-use, high-
2534	density development improves the quality of life for residents
2535	and businesses in urban areas. The Legislature finds that mixed-
2536	use, high-density redevelopment and infill benefits residents by
2537	creating a livable community with alternative modes of
2538	transportation. Furthermore, the Legislature finds that local
2539	zoning ordinances often discourage mixed-use, high-density
2540	development in areas that are appropriate for urban infill and
2541	redevelopment. The Legislature intends to discourage single-use
2542	zoning in urban areas which often leads to lower-density, land-
2543	intensive development outside an urban service area. Therefore,
2544	the Department of Community Affairs shall provide technical
2545	assistance to local governments in order to encourage mixed-use,
2546	high-density urban infill and redevelopment projects.
2547	(f)  The Legislature finds that a program for the transfer
2548	of development rights is a useful tool to preserve historic
2549	buildings and create public open spaces in urban areas. A
2550	program for the transfer of development rights allows the
2551	transfer of density credits from historic properties and public
2552	open spaces to areas designated for high-density development.
2553	The Legislature recognizes that high-density development is
2554	integral to the success of many urban infill and redevelopment
2555	projects. The Legislature intends to encourage high-density
2556	urban infill and redevelopment while preserving historic
2557	structures and open spaces. Therefore, the Department of
2558	Community Affairs shall provide technical assistance to local
2559	governments in order to promote the transfer of development
2560	rights within urban areas for high-density infill and
2561	redevelopment projects.
2562	(g)  The implementation of this subsection shall be subject
2563	to the provisions of this chapter, chapters 186 and 187, and
2564	applicable agency rules.
2565	(h)  The department may adopt rules necessary to implement
2566	the provisions of this subsection.
2567	(12)  A public school facilities element adopted to
2568	implement a school concurrency program shall meet the
2569	requirements of this subsection. Each county and each
2570	municipality within the county, unless exempt or subject to a
2571	waiver, must adopt a public school facilities element that is
2572	consistent with those adopted by the other local governments
2573	within the county and enter the interlocal agreement pursuant to
2574	s. 163.31777.
2575	(a)  The state land planning agency may provide a waiver to
2576	a county and to the municipalities within the county if the
2577	capacity rate for all schools within the school district is no
2578	greater than 100 percent and the projected 5-year capital outlay
2579	full-time equivalent student growth rate is less than 10
2580	percent. The state land planning agency may allow for a
2581	projected 5-year capital outlay full-time equivalent student
2582	growth rate to exceed 10 percent when the projected 10-year
2583	capital outlay full-time equivalent student enrollment is less
2584	than 2,000 students and the capacity rate for all schools within
2585	the school district in the tenth year will not exceed the 100-
2586	percent limitation. The state land planning agency may allow for
2587	a single school to exceed the 100-percent limitation if it can
2588	be demonstrated that the capacity rate for that single school is
2589	not greater than 105 percent. In making this determination, the
2590	state land planning agency shall consider the following
2591	criteria:
2592	1.  Whether the exceedance is due to temporary
2593	circumstances;
2594	2.  Whether the projected 5-year capital outlay full time
2595	equivalent student growth rate for the school district is
2596	approaching the 10-percent threshold;
2597	3.  Whether one or more additional schools within the
2598	school district are at or approaching the 100-percent threshold;
2599	and
2600	4.  The adequacy of the data and analysis submitted to
2601	support the waiver request.
2602	(b)  A municipality in a nonexempt county is exempt if the
2603	municipality meets all of the following criteria for having no
2604	significant impact on school attendance:
2605	1.  The municipality has issued development orders for
2606	fewer than 50 residential dwelling units during the preceding 5
2607	years, or the municipality has generated fewer than 25
2608	additional public school students during the preceding 5 years.
2609	2.  The municipality has not annexed new land during the
2610	preceding 5 years in land use categories that permit residential
2611	uses that will affect school attendance rates.
2612	3.  The municipality has no public schools located within
2613	its boundaries.
2614	(c)  A public school facilities element shall be based upon
2615	data and analyses that address, among other items, how level-of-
2616	service standards will be achieved and maintained. Such data and
2617	analyses must include, at a minimum, such items as: the
2618	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2619	year school district facilities work program adopted pursuant to
2620	s. 1013.35; the educational plant survey prepared pursuant to s.
2621	1013.31 and an existing educational and ancillary plant map or
2622	map series; information on existing development and development
2623	anticipated for the next 5 years and the long-term planning
2624	period; an analysis of problems and opportunities for existing
2625	schools and schools anticipated in the future; an analysis of
2626	opportunities to collocate future schools with other public
2627	facilities such as parks, libraries, and community centers; an
2628	analysis of the need for supporting public facilities for
2629	existing and future schools; an analysis of opportunities to
2630	locate schools to serve as community focal points; projected
2631	future population and associated demographics, including
2632	development patterns year by year for the upcoming 5-year and
2633	long-term planning periods; and anticipated educational and
2634	ancillary plants with land area requirements.
2635	(d)  The element shall contain one or more goals which
2636	establish the long-term end toward which public school programs
2637	and activities are ultimately directed.
2638	(e)  The element shall contain one or more objectives for
2639	each goal, setting specific, measurable, intermediate ends that
2640	are achievable and mark progress toward the goal.
2641	(f)  The element shall contain one or more policies for
2642	each objective which establish the way in which programs and
2643	activities will be conducted to achieve an identified goal.
2644	(g)  The objectives and policies shall address items such
2645	as:
2646	1.  The procedure for an annual update process;
2647	2.  The procedure for school site selection;
2648	3.  The procedure for school permitting;
2649	4.  Provision for infrastructure necessary to support
2650	proposed schools, including potable water, wastewater, drainage,
2651	solid waste, transportation, and means by which to assure safe
2652	access to schools, including sidewalks, bicycle paths, turn
2653	lanes, and signalization;
2654	5.  Provision for colocation of other public facilities,
2655	such as parks, libraries, and community centers, in proximity to
2656	public schools;
2657	6.  Provision for location of schools proximate to
2658	residential areas and to complement patterns of development,
2659	including the location of future school sites so they serve as
2660	community focal points;
2661	7.  Measures to ensure compatibility of school sites and
2662	surrounding land uses;
2663	8.  Coordination with adjacent local governments and the
2664	school district on emergency preparedness issues, including the
2665	use of public schools to serve as emergency shelters; and
2666	9.  Coordination with the future land use element.
2667	(h)  The element shall include one or more future
2668	conditions maps which depict the anticipated location of
2669	educational and ancillary plants, including the general location
2670	of improvements to existing schools or new schools anticipated
2671	over the 5-year or long-term planning period. The maps will of
2672	necessity be general for the long-term planning period and more
2673	specific for the 5-year period. Maps indicating general
2674	locations of future schools or school improvements may not
2675	prescribe a land use on a particular parcel of land.
2676	(i)  The state land planning agency shall establish a
2677	phased schedule for adoption of the public school facilities
2678	element and the required updates to the public schools
2679	interlocal agreement pursuant to s. 163.31777. The schedule
2680	shall provide for each county and local government within the
2681	county to adopt the element and update to the agreement no later
2682	than December 1, 2008. Plan amendments to adopt a public school
2683	facilities element are exempt from the provisions of s.
2684	163.3187(1).
2685	(j)  The state land planning agency may issue a notice to
2686	the school board and the local government to show cause why
2687	sanctions should not be enforced for failure to enter into an
2688	approved interlocal agreement as required by s. 163.31777 or for
2689	failure to implement provisions relating to public school
2690	concurrency. If the state land planning agency finds that
2691	insufficient cause exists for the school board's or local
2692	government's failure to enter into an approved interlocal
2693	agreement as required by s. 163.31777 or for the school board's
2694	or local government's failure to implement the provisions
2695	relating to public school concurrency, the state land planning
2696	agency shall submit its finding to the Administration Commission
2697	which may impose on the local government any of the sanctions
2698	set forth in s. 163.3184(11)(a) and (b) and may impose on the
2699	district school board any of the sanctions set forth in s.
2700	1008.32(4).
2701	(13)  Local governments are encouraged to develop a
2702	community vision that provides for sustainable growth,
2703	recognizes its fiscal constraints, and protects its natural
2704	resources. At the request of a local government, the applicable
2705	regional planning council shall provide assistance in the
2706	development of a community vision.
2707	(a)  As part of the process of developing a community
2708	vision under this section, the local government must hold two
2709	public meetings with at least one of those meetings before the
2710	local planning agency. Before those public meetings, the local
2711	government must hold at least one public workshop with
2712	stakeholder groups such as neighborhood associations, community
2713	organizations, businesses, private property owners, housing and
2714	development interests, and environmental organizations.
2715	(b)  The local government must, at a minimum, discuss five
2716	of the following topics as part of the workshops and public
2717	meetings required under paragraph (a):
2718	1.  Future growth in the area using population forecasts
2719	from the Bureau of Economic and Business Research;
2720	2.  Priorities for economic development;
2721	3.  Preservation of open space, environmentally sensitive
2722	lands, and agricultural lands;
2723	4.  Appropriate areas and standards for mixed-use
2724	development;
2725	5.  Appropriate areas and standards for high-density
2726	commercial and residential development;
2727	6.  Appropriate areas and standards for economic
2728	development opportunities and employment centers;
2729	7.  Provisions for adequate workforce housing;
2730	8.  An efficient, interconnected multimodal transportation
2731	system; and
2732	9.  Opportunities to create land use patterns that
2733	accommodate the issues listed in subparagraphs 1.-8.
2734	(c)  As part of the workshops and public meetings, the
2735	local government must discuss strategies for addressing the
2736	topics discussed under paragraph (b), including:
2737	1.  Strategies to preserve open space and environmentally
2738	sensitive lands, and to encourage a healthy agricultural
2739	economy, including innovative planning and development
2740	strategies, such as the transfer of development rights;
2741	2.  Incentives for mixed-use development, including
2742	increased height and intensity standards for buildings that
2743	provide residential use in combination with office or commercial
2744	space;
2745	3.  Incentives for workforce housing;
2746	4.  Designation of an urban service boundary pursuant to
2747	subsection (2); and
2748	5.  Strategies to provide mobility within the community and
2749	to protect the Strategic Intermodal System, including the
2750	development of a transportation corridor management plan under
2751	s. 337.273.
2752	(d)  The community vision must reflect the community's
2753	shared concept for growth and development of the community,
2754	including visual representations depicting the desired land use
2755	patterns and character of the community during a 10-year
2756	planning timeframe. The community vision must also take into
2757	consideration economic viability of the vision and private
2758	property interests.
2759	(e)  After the workshops and public meetings required under
2760	paragraph (a) are held, the local government may amend its
2761	comprehensive plan to include the community vision as a
2762	component in the plan. This plan amendment must be transmitted
2763	and adopted pursuant to the procedures in ss. 163.3184 and
2764	163.3189 at public hearings of the governing body other than
2765	those identified in paragraph (a).
2766	(f)  Amendments submitted under this subsection are exempt
2767	from the limitation on the frequency of plan amendments in s.
2768	163.3187.
2769	(g)  A local government that has developed a community
2770	vision or completed a visioning process after July 1, 2000, and
2771	before July 1, 2005, which substantially accomplishes the goals
2772	set forth in this subsection and the appropriate goals,
2773	policies, or objectives have been adopted as part of the
2774	comprehensive plan or reflected in subsequently adopted land
2775	development regulations and the plan amendment incorporating the
2776	community vision as a component has been found in compliance is
2777	eligible for the incentives in s. 163.3184(17).
2778	(14)  Local governments are also encouraged to designate an
2779	urban service boundary. This area must be appropriate for
2780	compact, contiguous urban development within a 10-year planning
2781	timeframe. The urban service area boundary must be identified on
2782	the future land use map or map series. The local government
2783	shall demonstrate that the land included within the urban
2784	service boundary is served or is planned to be served with
2785	adequate public facilities and services based on the local
2786	government's adopted level-of-service standards by adopting a
2787	10-year facilities plan in the capital improvements element
2788	which is financially feasible. The local government shall
2789	demonstrate that the amount of land within the urban service
2790	boundary does not exceed the amount of land needed to
2791	accommodate the projected population growth at densities
2792	consistent with the adopted comprehensive plan within the 10-
2793	year planning timeframe.
2794	(a)  As part of the process of establishing an urban
2795	service boundary, the local government must hold two public
2796	meetings with at least one of those meetings before the local
2797	planning agency. Before those public meetings, the local
2798	government must hold at least one public workshop with
2799	stakeholder groups such as neighborhood associations, community
2800	organizations, businesses, private property owners, housing and
2801	development interests, and environmental organizations.
2802	(b)1.  After the workshops and public meetings required
2803	under paragraph (a) are held, the local government may amend its
2804	comprehensive plan to include the urban service boundary. This
2805	plan amendment must be transmitted and adopted pursuant to the
2806	procedures in ss. 163.3184 and 163.3189 at meetings of the
2807	governing body other than those required under paragraph (a).
2808	2.  This subsection does not prohibit new development
2809	outside an urban service boundary. However, a local government
2810	that establishes an urban service boundary under this subsection
2811	is encouraged to require a full-cost-accounting analysis for any
2812	new development outside the boundary and to consider the results
2813	of that analysis when adopting a plan amendment for property
2814	outside the established urban service boundary.
2815	(c)  Amendments submitted under this subsection are exempt
2816	from the limitation on the frequency of plan amendments in s.
2817	163.3187.
2818	(d)  A local government that has adopted an urban service
2819	boundary before July 1, 2005, which substantially accomplishes
2820	the goals set forth in this subsection is not required to comply
2821	with paragraph (a) or subparagraph 1. of paragraph (b) in order
2822	to be eligible for the incentives under s. 163.3184(17). In
2823	order to satisfy the provisions of this paragraph, the local
2824	government must secure a determination from the state land
2825	planning agency that the urban service boundary adopted before
2826	July 1, 2005, substantially complies with the criteria of this
2827	subsection, based on data and analysis submitted by the local
2828	government to support this determination. The determination by
2829	the state land planning agency is not subject to administrative
2830	challenge.
2831	(7)(15)(a)  The Legislature finds that:
2832	1.  There are a number of rural agricultural industrial
2833	centers in the state that process, produce, or aid in the
2834	production or distribution of a variety of agriculturally based
2835	products, including, but not limited to, fruits, vegetables,
2836	timber, and other crops, and juices, paper, and building
2837	materials. Rural agricultural industrial centers have a
2838	significant amount of existing associated infrastructure that is
2839	used for processing, producing, or distributing agricultural
2840	products.
2841	2.  Such rural agricultural industrial centers are often
2842	located within or near communities in which the economy is
2843	largely dependent upon agriculture and agriculturally based
2844	products. The centers significantly enhance the economy of such
2845	communities. However, these agriculturally based communities are
2846	often socioeconomically challenged and designated as rural areas
2847	of critical economic concern. If such rural agricultural
2848	industrial centers are lost and not replaced with other job-
2849	creating enterprises, the agriculturally based communities will
2850	lose a substantial amount of their economies.
2851	3.  The state has a compelling interest in preserving the
2852	viability of agriculture and protecting rural agricultural
2853	communities and the state from the economic upheaval that would
2854	result from short-term or long-term adverse changes in the
2855	agricultural economy. To protect these communities and promote
2856	viable agriculture for the long term, it is essential to
2857	encourage and permit diversification of existing rural
2858	agricultural industrial centers by providing for jobs that are
2859	not solely dependent upon, but are compatible with and
2860	complement, existing agricultural industrial operations and to
2861	encourage the creation and expansion of industries that use
2862	agricultural products in innovative ways. However, the expansion
2863	and diversification of these existing centers must be
2864	accomplished in a manner that does not promote urban sprawl into
2865	surrounding agricultural and rural areas.
2866	(b)  As used in this subsection, the term "rural
2867	agricultural industrial center" means a developed parcel of land
2868	in an unincorporated area on which there exists an operating
2869	agricultural industrial facility or facilities that employ at
2870	least 200 full-time employees in the aggregate and process and
2871	prepare for transport a farm product, as defined in s. 163.3162,
2872	or any biomass material that could be used, directly or
2873	indirectly, for the production of fuel, renewable energy,
2874	bioenergy, or alternative fuel as defined by law. The center may
2875	also include land contiguous to the facility site which is not
2876	used for the cultivation of crops, but on which other existing
2877	activities essential to the operation of such facility or
2878	facilities are located or conducted. The parcel of land must be
2879	located within, or within 10 miles of, a rural area of critical
2880	economic concern.
2881	(c)1.  A landowner whose land is located within a rural
2882	agricultural industrial center may apply for an amendment to the
2883	local government comprehensive plan for the purpose of
2884	designating and expanding the existing agricultural industrial
2885	uses of facilities located within the center or expanding the
2886	existing center to include industrial uses or facilities that
2887	are not dependent upon but are compatible with agriculture and
2888	the existing uses and facilities. A local government
2889	comprehensive plan amendment under this paragraph must:
2890	a.  Not increase the physical area of the existing rural
2891	agricultural industrial center by more than 50 percent or 320
2892	acres, whichever is greater.
2893	b.  Propose a project that would, upon completion, create
2894	at least 50 new full-time jobs.
2895	c.  Demonstrate that sufficient infrastructure capacity
2896	exists or will be provided to support the expanded center at the
2897	level-of-service standards adopted in the local government
2898	comprehensive plan.
2899	d.  Contain goals, objectives, and policies that will
2900	ensure that any adverse environmental impacts of the expanded
2901	center will be adequately addressed and mitigation implemented
2902	or demonstrate that the local government comprehensive plan
2903	contains such provisions.
2904	2.  Within 6 months after receiving an application as
2905	provided in this paragraph, the local government shall transmit
2906	the application to the state land planning agency for review
2907	pursuant to this chapter together with any needed amendments to
2908	the applicable sections of its comprehensive plan to include
2909	goals, objectives, and policies that provide for the expansion
2910	of rural agricultural industrial centers and discourage urban
2911	sprawl in the surrounding areas. Such goals, objectives, and
2912	policies must promote and be consistent with the findings in
2913	this subsection. An amendment that meets the requirements of
2914	this subsection is presumed not to be urban sprawl as defined in
2915	s. 163.3164 and shall be considered within 90 days after any
2916	review required by the state land planning agency if required by
2917	s. 163.3184. consistent with rule 9J-5.006(5), Florida
2918	Administrative Code. This presumption may be rebutted by a
2919	preponderance of the evidence.
2920	(d)  This subsection does not apply to an optional sector
2921	plan adopted pursuant to s. 163.3245, a rural land stewardship
2922	area designated pursuant to s. 163.3248 subsection (11), or any
2923	comprehensive plan amendment that includes an inland port
2924	terminal or affiliated port development.
2925	(e)  Nothing in this subsection shall be construed to
2926	confer the status of rural area of critical economic concern, or
2927	any of the rights or benefits derived from such status, on any
2928	land area not otherwise designated as such pursuant to s.
2929	288.0656(7).
2930	Section 13.  Section 163.31777, Florida Statutes, is
2931	amended to read:
2932	163.31777  Public schools interlocal agreement.-
2933	(1)(a)  The county and municipalities located within the
2934	geographic area of a school district shall enter into an
2935	interlocal agreement with the district school board which
2936	jointly establishes the specific ways in which the plans and
2937	processes of the district school board and the local governments
2938	are to be coordinated. The interlocal agreements shall be
2939	submitted to the state land planning agency and the Office of
2940	Educational Facilities in accordance with a schedule published
2941	by the state land planning agency.
2942	(b)  The schedule must establish staggered due dates for
2943	submission of interlocal agreements that are executed by both
2944	the local government and the district school board, commencing
2945	on March 1, 2003, and concluding by December 1, 2004, and must
2946	set the same date for all governmental entities within a school
2947	district. However, if the county where the school district is
2948	located contains more than 20 municipalities, the state land
2949	planning agency may establish staggered due dates for the
2950	submission of interlocal agreements by these municipalities. The
2951	schedule must begin with those areas where both the number of
2952	districtwide capital-outlay full-time-equivalent students equals
2953	80 percent or more of the current year's school capacity and the
2954	projected 5-year student growth is 1,000 or greater, or where
2955	the projected 5-year student growth rate is 10 percent or
2956	greater.
2957	(c)  If the student population has declined over the 5-year
2958	period preceding the due date for submittal of an interlocal
2959	agreement by the local government and the district school board,
2960	the local government and the district school board may petition
2961	the state land planning agency for a waiver of one or more
2962	requirements of subsection (2). The waiver must be granted if
2963	the procedures called for in subsection (2) are unnecessary
2964	because of the school district's declining school age
2965	population, considering the district's 5-year facilities work
2966	program prepared pursuant to s. 1013.35. The state land planning
2967	agency may modify or revoke the waiver upon a finding that the
2968	conditions upon which the waiver was granted no longer exist.
2969	The district school board and local governments must submit an
2970	interlocal agreement within 1 year after notification by the
2971	state land planning agency that the conditions for a waiver no
2972	longer exist.
2973	(d)  Interlocal agreements between local governments and
2974	district school boards adopted pursuant to s. 163.3177 before
2975	the effective date of this section must be updated and executed
2976	pursuant to the requirements of this section, if necessary.
2977	Amendments to interlocal agreements adopted pursuant to this
2978	section must be submitted to the state land planning agency
2979	within 30 days after execution by the parties for review
2980	consistent with this section. Local governments and the district
2981	school board in each school district are encouraged to adopt a
2982	single interlocal agreement to which all join as parties. The
2983	state land planning agency shall assemble and make available
2984	model interlocal agreements meeting the requirements of this
2985	section and notify local governments and, jointly with the
2986	Department of Education, the district school boards of the
2987	requirements of this section, the dates for compliance, and the
2988	sanctions for noncompliance. The state land planning agency
2989	shall be available to informally review proposed interlocal
2990	agreements. If the state land planning agency has not received a
2991	proposed interlocal agreement for informal review, the state
2992	land planning agency shall, at least 60 days before the deadline
2993	for submission of the executed agreement, renotify the local
2994	government and the district school board of the upcoming
2995	deadline and the potential for sanctions.
2996	(2)  At a minimum, the interlocal agreement must address
2997	interlocal-agreement requirements in s. 163.3180(13)(g), except
2998	for exempt local governments as provided in s. 163.3177(12), and
2999	must address the following issues:
3000	(a)  A process by which each local government and the
3001	district school board agree and base their plans on consistent
3002	projections of the amount, type, and distribution of population
3003	growth and student enrollment. The geographic distribution of
3004	jurisdiction-wide growth forecasts is a major objective of the
3005	process.
3006	(b)  A process to coordinate and share information relating
3007	to existing and planned public school facilities, including
3008	school renovations and closures, and local government plans for
3009	development and redevelopment.
3010	(c)  Participation by affected local governments with the
3011	district school board in the process of evaluating potential
3012	school closures, significant renovations to existing schools,
3013	and new school site selection before land acquisition. Local
3014	governments shall advise the district school board as to the
3015	consistency of the proposed closure, renovation, or new site
3016	with the local comprehensive plan, including appropriate
3017	circumstances and criteria under which a district school board
3018	may request an amendment to the comprehensive plan for school
3019	siting.
3020	(d)  A process for determining the need for and timing of
3021	onsite and offsite improvements to support new, proposed
3022	expansion, or redevelopment of existing schools. The process
3023	must address identification of the party or parties responsible
3024	for the improvements.
3025	(e)  A process for the school board to inform the local
3026	government regarding the effect of comprehensive plan amendments
3027	on school capacity. The capacity reporting must be consistent
3028	with laws and rules relating to measurement of school facility
3029	capacity and must also identify how the district school board
3030	will meet the public school demand based on the facilities work
3031	program adopted pursuant to s. 1013.35.
3032	(f)  Participation of the local governments in the
3033	preparation of the annual update to the district school board's
3034	5-year district facilities work program and educational plant
3035	survey prepared pursuant to s. 1013.35.
3036	(g)  A process for determining where and how joint use of
3037	either school board or local government facilities can be shared
3038	for mutual benefit and efficiency.
3039	(h)  A procedure for the resolution of disputes between the
3040	district school board and local governments, which may include
3041	the dispute resolution processes contained in chapters 164 and
3042	186.
3043	(i)  An oversight process, including an opportunity for
3044	public participation, for the implementation of the interlocal
3045	agreement.
3046	(3)(a)  The Office of Educational Facilities shall submit
3047	any comments or concerns regarding the executed interlocal
3048	agreement to the state land planning agency within 30 days after
3049	receipt of the executed interlocal agreement. The state land
3050	planning agency shall review the executed interlocal agreement
3051	to determine whether it is consistent with the requirements of
3052	subsection (2), the adopted local government comprehensive plan,
3053	and other requirements of law. Within 60 days after receipt of
3054	an executed interlocal agreement, the state land planning agency
3055	shall publish a notice of intent in the Florida Administrative
3056	Weekly and shall post a copy of the notice on the agency's
3057	Internet site. The notice of intent must state whether the
3058	interlocal agreement is consistent or inconsistent with the
3059	requirements of subsection (2) and this subsection, as
3060	appropriate.
3061	(b)  The state land planning agency's notice is subject to
3062	challenge under chapter 120; however, an affected person, as
3063	defined in s. 163.3184(1)(a), has standing to initiate the
3064	administrative proceeding, and this proceeding is the sole means
3065	available to challenge the consistency of an interlocal
3066	agreement required by this section with the criteria contained
3067	in subsection (2) and this subsection. In order to have
3068	standing, each person must have submitted oral or written
3069	comments, recommendations, or objections to the local government
3070	or the school board before the adoption of the interlocal
3071	agreement by the school board and local government. The district
3072	school board and local governments are parties to any such
3073	proceeding. In this proceeding, when the state land planning
3074	agency finds the interlocal agreement to be consistent with the
3075	criteria in subsection (2) and this subsection, the interlocal
3076	agreement shall be determined to be consistent with subsection
3077	(2) and this subsection if the local government's and school
3078	board's determination of consistency is fairly debatable. When
3079	the state planning agency finds the interlocal agreement to be
3080	inconsistent with the requirements of subsection (2) and this
3081	subsection, the local government's and school board's
3082	determination of consistency shall be sustained unless it is
3083	shown by a preponderance of the evidence that the interlocal
3084	agreement is inconsistent.
3085	(c)  If the state land planning agency enters a final order
3086	that finds that the interlocal agreement is inconsistent with
3087	the requirements of subsection (2) or this subsection, it shall
3088	forward it to the Administration Commission, which may impose
3089	sanctions against the local government pursuant to s.
3090	163.3184(11) and may impose sanctions against the district
3091	school board by directing the Department of Education to
3092	withhold from the district school board an equivalent amount of
3093	funds for school construction available pursuant to ss. 1013.65,
3094	1013.68, 1013.70, and 1013.72.
3095	(4)  If an executed interlocal agreement is not timely
3096	submitted to the state land planning agency for review, the
3097	state land planning agency shall, within 15 working days after
3098	the deadline for submittal, issue to the local government and
3099	the district school board a Notice to Show Cause why sanctions
3100	should not be imposed for failure to submit an executed
3101	interlocal agreement by the deadline established by the agency.
3102	The agency shall forward the notice and the responses to the
3103	Administration Commission, which may enter a final order citing
3104	the failure to comply and imposing sanctions against the local
3105	government and district school board by directing the
3106	appropriate agencies to withhold at least 5 percent of state
3107	funds pursuant to s. 163.3184(11) and by directing the
3108	Department of Education to withhold from the district school
3109	board at least 5 percent of funds for school construction
3110	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
3111	1013.72.
3112	(5)  Any local government transmitting a public school
3113	element to implement school concurrency pursuant to the
3114	requirements of s. 163.3180 before the effective date of this
3115	section is not required to amend the element or any interlocal
3116	agreement to conform with the provisions of this section if the
3117	element is adopted prior to or within 1 year after the effective
3118	date of this section and remains in effect until the county
3119	conducts its evaluation and appraisal report and identifies
3120	changes necessary to more fully conform to the provisions of
3121	this section.
3122	(6)  Except as provided in subsection (7), municipalities
3123	meeting the exemption criteria in s. 163.3177(12) are exempt
3124	from the requirements of subsections (1), (2), and (3).
3125	(7)  At the time of the evaluation and appraisal report,
3126	each exempt municipality shall assess the extent to which it
3127	continues to meet the criteria for exemption under s.
3128	163.3177(12). If the municipality continues to meet these
3129	criteria, the municipality shall continue to be exempt from the
3130	interlocal-agreement requirement. Each municipality exempt under
3131	s. 163.3177(12) must comply with the provisions of this section
3132	within 1 year after the district school board proposes, in its
3133	5-year district facilities work program, a new school within the
3134	municipality's jurisdiction.
3135	Section 14.  Subsection (9) of section 163.3178, Florida
3136	Statutes, is amended to read:
3137	163.3178  Coastal management.-
3138	(9)(a)  Local governments may elect to comply with rule 9J-
3139	5.012(3)(b)6. and 7., Florida Administrative Code, through the
3140	process provided in this section. A proposed comprehensive plan
3141	amendment shall be found in compliance with state coastal high-
3142	hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3143	Florida Administrative Code, if:
3144	1.  The adopted level of service for out-of-county
3145	hurricane evacuation is maintained for a category 5 storm event
3146	as measured on the Saffir-Simpson scale; or
3147	2.  A 12-hour evacuation time to shelter is maintained for
3148	a category 5 storm event as measured on the Saffir-Simpson scale
3149	and shelter space reasonably expected to accommodate the
3150	residents of the development contemplated by a proposed
3151	comprehensive plan amendment is available; or
3152	3.  Appropriate mitigation is provided that will satisfy
3153	the provisions of subparagraph 1. or subparagraph 2. Appropriate
3154	mitigation shall include, without limitation, payment of money,
3155	contribution of land, and construction of hurricane shelters and
3156	transportation facilities. Required mitigation may shall not
3157	exceed the amount required for a developer to accommodate
3158	impacts reasonably attributable to development. A local
3159	government and a developer shall enter into a binding agreement
3160	to memorialize the mitigation plan.
3161	(b)  For those local governments that have not established
3162	a level of service for out-of-county hurricane evacuation by
3163	July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
3164	7., Florida Administrative Code, by following the process in
3165	paragraph (a), the level of service shall be no greater than 16
3166	hours for a category 5 storm event as measured on the Saffir-
3167	Simpson scale.
3168	(c)  This subsection shall become effective immediately and
3169	shall apply to all local governments. No later than July 1,
3170	2008, local governments shall amend their future land use map
3171	and coastal management element to include the new definition of
3172	coastal high-hazard area and to depict the coastal high-hazard
3173	area on the future land use map.
3174	Section 15.  Section 163.3180, Florida Statutes, is amended
3175	to read:
3176	163.3180  Concurrency.-
3177	(1)(a)  Sanitary sewer, solid waste, drainage, and potable
3178	water, parks and recreation, schools, and transportation
3179	facilities, including mass transit, where applicable, are the
3180	only public facilities and services subject to the concurrency
3181	requirement on a statewide basis. Additional public facilities
3182	and services may not be made subject to concurrency on a
3183	statewide basis without appropriate study and approval by the
3184	Legislature; however, any local government may extend the
3185	concurrency requirement so that it applies to additional public
3186	facilities within its jurisdiction.
3187	(a)  If concurrency is applied to other public facilities,
3188	the local government comprehensive plan must provide the
3189	principles, guidelines, standards, and strategies, including
3190	adopted levels of service, to guide its application. In order
3191	for a local government to rescind any optional concurrency
3192	provisions, a comprehensive plan amendment is required. An
3193	amendment rescinding optional concurrency issues is not subject
3194	to state review.
3195	(b)  The local government comprehensive plan must
3196	demonstrate, for required or optional concurrency requirements,
3197	that the levels of service adopted can be reasonably met.
3198	Infrastructure needed to ensure that adopted level-of-service
3199	standards are achieved and maintained for the 5-year period of
3200	the capital improvement schedule must be identified pursuant to
3201	the requirements of s. 163.3177(3). The comprehensive plan must
3202	include principles, guidelines, standards, and strategies for
3203	the establishment of a concurrency management system.
3204	(b)  Local governments shall use professionally accepted
3205	techniques for measuring level of service for automobiles,
3206	bicycles, pedestrians, transit, and trucks. These techniques may
3207	be used to evaluate increased accessibility by multiple modes
3208	and reductions in vehicle miles of travel in an area or zone.
3209	The Department of Transportation shall develop methodologies to
3210	assist local governments in implementing this multimodal level-
3211	of-service analysis. The Department of Community Affairs and the
3212	Department of Transportation shall provide technical assistance
3213	to local governments in applying these methodologies.
3214	(2)(a)  Consistent with public health and safety, sanitary
3215	sewer, solid waste, drainage, adequate water supplies, and
3216	potable water facilities shall be in place and available to
3217	serve new development no later than the issuance by the local
3218	government of a certificate of occupancy or its functional
3219	equivalent. Prior to approval of a building permit or its
3220	functional equivalent, the local government shall consult with
3221	the applicable water supplier to determine whether adequate
3222	water supplies to serve the new development will be available no
3223	later than the anticipated date of issuance by the local
3224	government of a certificate of occupancy or its functional
3225	equivalent. A local government may meet the concurrency
3226	requirement for sanitary sewer through the use of onsite sewage
3227	treatment and disposal systems approved by the Department of
3228	Health to serve new development.
3229	(b)  Consistent with the public welfare, and except as
3230	otherwise provided in this section, parks and recreation
3231	facilities to serve new development shall be in place or under
3232	actual construction no later than 1 year after issuance by the
3233	local government of a certificate of occupancy or its functional
3234	equivalent. However, the acreage for such facilities shall be
3235	dedicated or be acquired by the local government prior to
3236	issuance by the local government of a certificate of occupancy
3237	or its functional equivalent, or funds in the amount of the
3238	developer's fair share shall be committed no later than the
3239	local government's approval to commence construction.
3240	(c)  Consistent with the public welfare, and except as
3241	otherwise provided in this section, transportation facilities
3242	needed to serve new development shall be in place or under
3243	actual construction within 3 years after the local government
3244	approves a building permit or its functional equivalent that
3245	results in traffic generation.
3246	(3)  Governmental entities that are not responsible for
3247	providing, financing, operating, or regulating public facilities
3248	needed to serve development may not establish binding level-of-
3249	service standards on governmental entities that do bear those
3250	responsibilities. This subsection does not limit the authority
3251	of any agency to recommend or make objections, recommendations,
3252	comments, or determinations during reviews conducted under s.
3253	163.3184.
3254	(4)(a)  The concurrency requirement as implemented in local
3255	comprehensive plans applies to state and other public facilities
3256	and development to the same extent that it applies to all other
3257	facilities and development, as provided by law.
3258	(b)  The concurrency requirement as implemented in local
3259	comprehensive plans does not apply to public transit facilities.
3260	For the purposes of this paragraph, public transit facilities
3261	include transit stations and terminals; transit station parking;
3262	park-and-ride lots; intermodal public transit connection or
3263	transfer facilities; fixed bus, guideway, and rail stations; and
3264	airport passenger terminals and concourses, air cargo
3265	facilities, and hangars for the assembly, manufacture,
3266	maintenance, or storage of aircraft. As used in this paragraph,
3267	the terms "terminals" and "transit facilities" do not include
3268	seaports or commercial or residential development constructed in
3269	conjunction with a public transit facility.
3270	(c)  The concurrency requirement, except as it relates to
3271	transportation facilities and public schools, as implemented in
3272	local government comprehensive plans, may be waived by a local
3273	government for urban infill and redevelopment areas designated
3274	pursuant to s. 163.2517 if such a waiver does not endanger
3275	public health or safety as defined by the local government in
3276	its local government comprehensive plan. The waiver shall be
3277	adopted as a plan amendment pursuant to the process set forth in
3278	s. 163.3187(3)(a). A local government may grant a concurrency
3279	exception pursuant to subsection (5) for transportation
3280	facilities located within these urban infill and redevelopment
3281	areas.
3282	(5)(a)  If concurrency is applied to transportation
3283	facilities, the local government comprehensive plan must provide
3284	the principles, guidelines, standards, and strategies, including
3285	adopted levels of service to guide its application.
3286	(b)  Local governments shall use professionally accepted
3287	studies to evaluate the appropriate levels of service. Local
3288	governments should consider the number of facilities that will
3289	be necessary to meet level-of-service demands when determining
3290	the appropriate levels of service. The schedule of facilities
3291	that are necessary to meet the adopted level of service shall be
3292	reflected in the capital improvement element.
3293	(c)  Local governments shall use professionally accepted
3294	techniques for measuring levels of service when evaluating
3295	potential impacts of a proposed development.
3296	(d)  The premise of concurrency is that the public
3297	facilities will be provided in order to achieve and maintain the
3298	adopted level of service standard. A comprehensive plan that
3299	imposes transportation concurrency shall contain appropriate
3300	amendments to the capital improvements element of the
3301	comprehensive plan, consistent with the requirements of s.
3302	163.3177(3). The capital improvements element shall identify
3303	facilities necessary to meet adopted levels of service during a
3304	5-year period.
3305	(e)  If a local government applies transportation
3306	concurrency in its jurisdiction, it is encouraged to develop
3307	policy guidelines and techniques to address potential negative
3308	impacts on future development:
3309	1.  In urban infill and redevelopment, and urban service
3310	areas.
3311	2.  With special part-time demands on the transportation
3312	system.
3313	3.  With de minimis impacts.
3314	4.  On community desired types of development, such as
3315	redevelopment, or job creation projects.
3316	(f)  Local governments are encouraged to develop tools and
3317	techniques to complement the application of transportation
3318	concurrency such as:
3319	1.  Adoption of long-term strategies to facilitate
3320	development patterns that support multimodal solutions,
3321	including urban design, and appropriate land use mixes,
3322	including intensity and density.
3323	2.  Adoption of an areawide level of service not dependent
3324	on any single road segment function.
3325	3.  Exempting or discounting impacts of locally desired
3326	development, such as development in urban areas, redevelopment,
3327	job creation, and mixed use on the transportation system.
3328	4.  Assigning secondary priority to vehicle mobility and
3329	primary priority to ensuring a safe, comfortable, and attractive
3330	pedestrian environment, with convenient interconnection to
3331	transit.
3332	5.  Establishing multimodal level of service standards that
3333	rely primarily on nonvehicular modes of transportation where
3334	existing or planned community design will provide adequate level
3335	of mobility.
3336	6.  Reducing impact fees or local access fees to promote
3337	development within urban areas, multimodal transportation
3338	districts, and a balance of mixed use development in certain
3339	areas or districts, or for affordable or workforce housing.
3340	(g)  Local governments are encouraged to coordinate with
3341	adjacent local governments for the purpose of using common
3342	methodologies for measuring impacts on transportation
3343	facilities.
3344	(h)  Local governments that implement transportation
3345	concurrency must:
3346	1.  Consult with the Department of Transportation when
3347	proposed plan amendments affect facilities on the strategic
3348	intermodal system.
3349	2.  Exempt public transit facilities from concurrency. For
3350	the purposes of this subparagraph, public transit facilities
3351	include transit stations and terminals; transit station parking;
3352	park-and-ride lots; intermodal public transit connection or
3353	transfer facilities; fixed bus, guideway, and rail stations; and
3354	airport passenger terminals and concourses, air cargo
3355	facilities, and hangars for the assembly, manufacture,
3356	maintenance, or storage of aircraft. As used in this
3357	subparagraph, the terms "terminals" and "transit facilities" do
3358	not include seaports or commercial or residential development
3359	constructed in conjunction with a public transit facility.
3360	3.  Allow an applicant for a development-of-regional-impact
3361	development order, a rezoning, or other land use development
3362	permit to satisfy the transportation concurrency requirements of
3363	the local comprehensive plan, the local government's concurrency
3364	management system, and s. 380.06, when applicable, if:
3365	a.  The applicant enters into a binding agreement to pay
3366	for or construct its proportionate share of required
3367	improvements.
3368	b.  The proportionate-share contribution or construction is
3369	sufficient to accomplish one or more mobility improvements that
3370	will benefit a regionally significant transportation facility.
3371	c.(I)  The local government has provided a means by which
3372	the landowner will be assessed a proportionate share of the cost
3373	of providing the transportation facilities necessary to serve
3374	the proposed development. An applicant shall not be held
3375	responsible for the additional cost of reducing or eliminating
3376	deficiencies.
3377	(II)  When an applicant contributes or constructs its
3378	proportionate share pursuant to this subparagraph, a local
3379	government may not require payment or construction of
3380	transportation facilities whose costs would be greater than a
3381	development's proportionate share of the improvements necessary
3382	to mitigate the development's impacts.
3383	(A)  The proportionate-share contribution shall be
3384	calculated based upon the number of trips from the proposed
3385	development expected to reach roadways during the peak hour from
3386	the stage or phase being approved, divided by the change in the
3387	peak hour maximum service volume of roadways resulting from
3388	construction of an improvement necessary to maintain or achieve
3389	the adopted level of service, multiplied by the construction
3390	cost, at the time of development payment, of the improvement
3391	necessary to maintain or achieve the adopted level of service.
3392	(B)  In using the proportionate-share formula provided in
3393	this subparagraph, the applicant, in its traffic analysis, shall
3394	identify those roads or facilities that have a transportation
3395	deficiency in accordance with the transportation deficiency as
3396	defined in sub-subparagraph e. The proportionate-share formula
3397	provided in this subparagraph shall be applied only to those
3398	facilities that are determined to be significantly impacted by
3399	the project traffic under review. If any road is determined to
3400	be transportation deficient without the project traffic under
3401	review, the costs of correcting that deficiency shall be removed
3402	from the project's proportionate-share calculation and the
3403	necessary transportation improvements to correct that deficiency
3404	shall be considered to be in place for purposes of the
3405	proportionate-share calculation. The improvement necessary to
3406	correct the transportation deficiency is the funding
3407	responsibility of the entity that has maintenance responsibility
3408	for the facility. The development's proportionate share shall be
3409	calculated only for the needed transportation improvements that
3410	are greater than the identified deficiency.
3411	(C)  When the provisions of this subparagraph have been
3412	satisfied for a particular stage or phase of development, all
3413	transportation impacts from that stage or phase for which
3414	mitigation was required and provided shall be deemed fully
3415	mitigated in any transportation analysis for a subsequent stage
3416	or phase of development. Trips from a previous stage or phase
3417	that did not result in impacts for which mitigation was required
3418	or provided may be cumulatively analyzed with trips from a
3419	subsequent stage or phase to determine whether an impact
3420	requires mitigation for the subsequent stage or phase.
3421	(D)  In projecting the number of trips to be generated by
3422	the development under review, any trips assigned to a toll-
3423	financed facility shall be eliminated from the analysis.
3424	(E)  The applicant shall receive a credit on a dollar-for-
3425	dollar basis for impact fees, mobility fees, and other
3426	transportation concurrency mitigation requirements paid or
3427	payable in the future for the project. The credit shall be
3428	reduced up to 20 percent by the percentage share that the
3429	project's traffic represents of the added capacity of the
3430	selected improvement, or by the amount specified by local
3431	ordinance, whichever yields the greater credit.
3432	d.  This subsection does not require a local government to
3433	approve a development that is not otherwise qualified for
3434	approval pursuant to the applicable local comprehensive plan and
3435	land development regulations.
3436	e.  As used in this subsection, the term "transportation
3437	deficiency" means a facility or facilities on which the adopted
3438	level-of-service standard is exceeded by the existing,
3439	committed, and vested trips, plus additional projected
3440	background trips from any source other than the development
3441	project under review, and trips that are forecast by established
3442	traffic standards, including traffic modeling, consistent with
3443	the University of Florida's Bureau of Economic and Business
3444	Research medium population projections. Additional projected
3445	background trips are to be coincident with the particular stage
3446	or phase of development under review.
3447	(a)  The Legislature finds that under limited
3448	circumstances, countervailing planning and public policy goals
3449	may come into conflict with the requirement that adequate public
3450	transportation facilities and services be available concurrent
3451	with the impacts of such development. The Legislature further
3452	finds that the unintended result of the concurrency requirement
3453	for transportation facilities is often the discouragement of
3454	urban infill development and redevelopment. Such unintended
3455	results directly conflict with the goals and policies of the
3456	state comprehensive plan and the intent of this part. The
3457	Legislature also finds that in urban centers transportation
3458	cannot be effectively managed and mobility cannot be improved
3459	solely through the expansion of roadway capacity, that the
3460	expansion of roadway capacity is not always physically or
3461	financially possible, and that a range of transportation
3462	alternatives is essential to satisfy mobility needs, reduce
3463	congestion, and achieve healthy, vibrant centers.
3464	(b)1.  The following are transportation concurrency
3465	exception areas:
3466	a.  A municipality that qualifies as a dense urban land
3467	area under s. 163.3164;
3468	b.  An urban service area under s. 163.3164 that has been
3469	adopted into the local comprehensive plan and is located within
3470	a county that qualifies as a dense urban land area under s.
3471	163.3164; and
3472	c.  A county, including the municipalities located therein,
3473	which has a population of at least 900,000 and qualifies as a
3474	dense urban land area under s. 163.3164, but does not have an
3475	urban service area designated in the local comprehensive plan.
3476	2.  A municipality that does not qualify as a dense urban
3477	land area pursuant to s. 163.3164 may designate in its local
3478	comprehensive plan the following areas as transportation
3479	concurrency exception areas:
3480	a.  Urban infill as defined in s. 163.3164;
3481	b.  Community redevelopment areas as defined in s. 163.340;
3482	c.  Downtown revitalization areas as defined in s.
3483	163.3164;
3484	d.  Urban infill and redevelopment under s. 163.2517; or
3485	e.  Urban service areas as defined in s. 163.3164 or areas
3486	within a designated urban service boundary under s.
3487	163.3177(14).
3488	3.  A county that does not qualify as a dense urban land
3489	area pursuant to s. 163.3164 may designate in its local
3490	comprehensive plan the following areas as transportation
3491	concurrency exception areas:
3492	a.  Urban infill as defined in s. 163.3164;
3493	b.  Urban infill and redevelopment under s. 163.2517; or
3494	c.  Urban service areas as defined in s. 163.3164.
3495	4.  A local government that has a transportation
3496	concurrency exception area designated pursuant to subparagraph
3497	1., subparagraph 2., or subparagraph 3. shall, within 2 years
3498	after the designated area becomes exempt, adopt into its local
3499	comprehensive plan land use and transportation strategies to
3500	support and fund mobility within the exception area, including
3501	alternative modes of transportation. Local governments are
3502	encouraged to adopt complementary land use and transportation
3503	strategies that reflect the region's shared vision for its
3504	future. If the state land planning agency finds insufficient
3505	cause for the failure to adopt into its comprehensive plan land
3506	use and transportation strategies to support and fund mobility
3507	within the designated exception area after 2 years, it shall
3508	submit the finding to the Administration Commission, which may
3509	impose any of the sanctions set forth in s. 163.3184(11)(a) and
3510	(b) against the local government.
3511	5.  Transportation concurrency exception areas designated
3512	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3513	do not apply to designated transportation concurrency districts
3514	located within a county that has a population of at least 1.5
3515	million, has implemented and uses a transportation-related
3516	concurrency assessment to support alternative modes of
3517	transportation, including, but not limited to, mass transit, and
3518	does not levy transportation impact fees within the concurrency
3519	district.
3520	6.  Transportation concurrency exception areas designated
3521	under subparagraph 1., subparagraph 2., or subparagraph 3. do
3522	not apply in any county that has exempted more than 40 percent
3523	of the area inside the urban service area from transportation
3524	concurrency for the purpose of urban infill.
3525	7.  A local government that does not have a transportation
3526	concurrency exception area designated pursuant to subparagraph
3527	1., subparagraph 2., or subparagraph 3. may grant an exception
3528	from the concurrency requirement for transportation facilities
3529	if the proposed development is otherwise consistent with the
3530	adopted local government comprehensive plan and is a project
3531	that promotes public transportation or is located within an area
3532	designated in the comprehensive plan for:
3533	a.  Urban infill development;
3534	b.  Urban redevelopment;
3535	c.  Downtown revitalization;
3536	d.  Urban infill and redevelopment under s. 163.2517; or
3537	e.  An urban service area specifically designated as a
3538	transportation concurrency exception area which includes lands
3539	appropriate for compact, contiguous urban development, which
3540	does not exceed the amount of land needed to accommodate the
3541	projected population growth at densities consistent with the
3542	adopted comprehensive plan within the 10-year planning period,
3543	and which is served or is planned to be served with public
3544	facilities and services as provided by the capital improvements
3545	element.
3546	(c)  The Legislature also finds that developments located
3547	within urban infill, urban redevelopment, urban service, or
3548	downtown revitalization areas or areas designated as urban
3549	infill and redevelopment areas under s. 163.2517, which pose
3550	only special part-time demands on the transportation system, are
3551	exempt from the concurrency requirement for transportation
3552	facilities. A special part-time demand is one that does not have
3553	more than 200 scheduled events during any calendar year and does
3554	not affect the 100 highest traffic volume hours.
3555	(d)  Except for transportation concurrency exception areas
3556	designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3557	or subparagraph (b)3., the following requirements apply:
3558	1.  The local government shall both adopt into the
3559	comprehensive plan and implement long-term strategies to support
3560	and fund mobility within the designated exception area,
3561	including alternative modes of transportation. The plan
3562	amendment must also demonstrate how strategies will support the
3563	purpose of the exception and how mobility within the designated
3564	exception area will be provided.
3565	2.  The strategies must address urban design; appropriate
3566	land use mixes, including intensity and density; and network
3567	connectivity plans needed to promote urban infill,
3568	redevelopment, or downtown revitalization. The comprehensive
3569	plan amendment designating the concurrency exception area must
3570	be accompanied by data and analysis supporting the local
3571	government's determination of the boundaries of the
3572	transportation concurrency exception area.
3573	(e)  Before designating a concurrency exception area
3574	pursuant to subparagraph (b)7., the state land planning agency
3575	and the Department of Transportation shall be consulted by the
3576	local government to assess the impact that the proposed
3577	exception area is expected to have on the adopted level-of-
3578	service standards established for regional transportation
3579	facilities identified pursuant to s. 186.507, including the
3580	Strategic Intermodal System and roadway facilities funded in
3581	accordance with s. 339.2819. Further, the local government shall
3582	provide a plan for the mitigation of impacts to the Strategic
3583	Intermodal System, including, if appropriate, access management,
3584	parallel reliever roads, transportation demand management, and
3585	other measures.
3586	(f)  The designation of a transportation concurrency
3587	exception area does not limit a local government's home rule
3588	power to adopt ordinances or impose fees. This subsection does
3589	not affect any contract or agreement entered into or development
3590	order rendered before the creation of the transportation
3591	concurrency exception area except as provided in s.
3592	380.06(29)(e).
3593	(g)  The Office of Program Policy Analysis and Government
3594	Accountability shall submit to the President of the Senate and
3595	the Speaker of the House of Representatives by February 1, 2015,
3596	a report on transportation concurrency exception areas created
3597	pursuant to this subsection. At a minimum, the report shall
3598	address the methods that local governments have used to
3599	implement and fund transportation strategies to achieve the
3600	purposes of designated transportation concurrency exception
3601	areas, and the effects of the strategies on mobility,
3602	congestion, urban design, the density and intensity of land use
3603	mixes, and network connectivity plans used to promote urban
3604	infill, redevelopment, or downtown revitalization.
3605	(6)  The Legislature finds that a de minimis impact is
3606	consistent with this part. A de minimis impact is an impact that
3607	would not affect more than 1 percent of the maximum volume at
3608	the adopted level of service of the affected transportation
3609	facility as determined by the local government. No impact will
3610	be de minimis if the sum of existing roadway volumes and the
3611	projected volumes from approved projects on a transportation
3612	facility would exceed 110 percent of the maximum volume at the
3613	adopted level of service of the affected transportation
3614	facility; provided however, that an impact of a single family
3615	home on an existing lot will constitute a de minimis impact on
3616	all roadways regardless of the level of the deficiency of the
3617	roadway. Further, no impact will be de minimis if it would
3618	exceed the adopted level-of-service standard of any affected
3619	designated hurricane evacuation routes. Each local government
3620	shall maintain sufficient records to ensure that the 110-percent
3621	criterion is not exceeded. Each local government shall submit
3622	annually, with its updated capital improvements element, a
3623	summary of the de minimis records. If the state land planning
3624	agency determines that the 110-percent criterion has been
3625	exceeded, the state land planning agency shall notify the local
3626	government of the exceedance and that no further de minimis
3627	exceptions for the applicable roadway may be granted until such
3628	time as the volume is reduced below the 110 percent. The local
3629	government shall provide proof of this reduction to the state
3630	land planning agency before issuing further de minimis
3631	exceptions.
3632	(7)  In order to promote infill development and
3633	redevelopment, one or more transportation concurrency management
3634	areas may be designated in a local government comprehensive
3635	plan. A transportation concurrency management area must be a
3636	compact geographic area with an existing network of roads where
3637	multiple, viable alternative travel paths or modes are available
3638	for common trips. A local government may establish an areawide
3639	level-of-service standard for such a transportation concurrency
3640	management area based upon an analysis that provides for a
3641	justification for the areawide level of service, how urban
3642	infill development or redevelopment will be promoted, and how
3643	mobility will be accomplished within the transportation
3644	concurrency management area. Prior to the designation of a
3645	concurrency management area, the Department of Transportation
3646	shall be consulted by the local government to assess the impact
3647	that the proposed concurrency management area is expected to
3648	have on the adopted level-of-service standards established for
3649	Strategic Intermodal System facilities, as defined in s. 339.64,
3650	and roadway facilities funded in accordance with s. 339.2819.
3651	Further, the local government shall, in cooperation with the
3652	Department of Transportation, develop a plan to mitigate any
3653	impacts to the Strategic Intermodal System, including, if
3654	appropriate, the development of a long-term concurrency
3655	management system pursuant to subsection (9) and s.
3656	163.3177(3)(d). Transportation concurrency management areas
3657	existing prior to July 1, 2005, shall meet, at a minimum, the
3658	provisions of this section by July 1, 2006, or at the time of
3659	the comprehensive plan update pursuant to the evaluation and
3660	appraisal report, whichever occurs last. The state land planning
3661	agency shall amend chapter 9J-5, Florida Administrative Code, to
3662	be consistent with this subsection.
3663	(8)  When assessing the transportation impacts of proposed
3664	urban redevelopment within an established existing urban service
3665	area, 110 percent of the actual transportation impact caused by
3666	the previously existing development must be reserved for the
3667	redevelopment, even if the previously existing development has a
3668	lesser or nonexisting impact pursuant to the calculations of the
3669	local government. Redevelopment requiring less than 110 percent
3670	of the previously existing capacity shall not be prohibited due
3671	to the reduction of transportation levels of service below the
3672	adopted standards. This does not preclude the appropriate
3673	assessment of fees or accounting for the impacts within the
3674	concurrency management system and capital improvements program
3675	of the affected local government. This paragraph does not affect
3676	local government requirements for appropriate development
3677	permits.
3678	(9)(a)  Each local government may adopt as a part of its
3679	plan, long-term transportation and school concurrency management
3680	systems with a planning period of up to 10 years for specially
3681	designated districts or areas where significant backlogs exist.
3682	The plan may include interim level-of-service standards on
3683	certain facilities and shall rely on the local government's
3684	schedule of capital improvements for up to 10 years as a basis
3685	for issuing development orders that authorize commencement of
3686	construction in these designated districts or areas. The
3687	concurrency management system must be designed to correct
3688	existing deficiencies and set priorities for addressing
3689	backlogged facilities. The concurrency management system must be
3690	financially feasible and consistent with other portions of the
3691	adopted local plan, including the future land use map.
3692	(b)  If a local government has a transportation or school
3693	facility backlog for existing development which cannot be
3694	adequately addressed in a 10-year plan, the state land planning
3695	agency may allow it to develop a plan and long-term schedule of
3696	capital improvements covering up to 15 years for good and
3697	sufficient cause, based on a general comparison between that
3698	local government and all other similarly situated local
3699	jurisdictions, using the following factors:
3700	1.  The extent of the backlog.
3701	2.  For roads, whether the backlog is on local or state
3702	roads.
3703	3.  The cost of eliminating the backlog.
3704	4.  The local government's tax and other revenue-raising
3705	efforts.
3706	(c)  The local government may issue approvals to commence
3707	construction notwithstanding this section, consistent with and
3708	in areas that are subject to a long-term concurrency management
3709	system.
3710	(d)  If the local government adopts a long-term concurrency
3711	management system, it must evaluate the system periodically. At
3712	a minimum, the local government must assess its progress toward
3713	improving levels of service within the long-term concurrency
3714	management district or area in the evaluation and appraisal
3715	report and determine any changes that are necessary to
3716	accelerate progress in meeting acceptable levels of service.
3717	(10)  Except in transportation concurrency exception areas,
3718	with regard to roadway facilities on the Strategic Intermodal
3719	System designated in accordance with s. 339.63, local
3720	governments shall adopt the level-of-service standard
3721	established by the Department of Transportation by rule.
3722	However, if the Office of Tourism, Trade, and Economic
3723	Development concurs in writing with the local government that
3724	the proposed development is for a qualified job creation project
3725	under s. 288.0656 or s. 403.973, the affected local government,
3726	after consulting with the Department of Transportation, may
3727	provide for a waiver of transportation concurrency for the
3728	project. For all other roads on the State Highway System, local
3729	governments shall establish an adequate level-of-service
3730	standard that need not be consistent with any level-of-service
3731	standard established by the Department of Transportation. In
3732	establishing adequate level-of-service standards for any
3733	arterial roads, or collector roads as appropriate, which
3734	traverse multiple jurisdictions, local governments shall
3735	consider compatibility with the roadway facility's adopted
3736	level-of-service standards in adjacent jurisdictions. Each local
3737	government within a county shall use a professionally accepted
3738	methodology for measuring impacts on transportation facilities
3739	for the purposes of implementing its concurrency management
3740	system. Counties are encouraged to coordinate with adjacent
3741	counties, and local governments within a county are encouraged
3742	to coordinate, for the purpose of using common methodologies for
3743	measuring impacts on transportation facilities for the purpose
3744	of implementing their concurrency management systems.
3745	(11)  In order to limit the liability of local governments,
3746	a local government may allow a landowner to proceed with
3747	development of a specific parcel of land notwithstanding a
3748	failure of the development to satisfy transportation
3749	concurrency, when all the following factors are shown to exist:
3750	(a)  The local government with jurisdiction over the
3751	property has adopted a local comprehensive plan that is in
3752	compliance.
3753	(b)  The proposed development would be consistent with the
3754	future land use designation for the specific property and with
3755	pertinent portions of the adopted local plan, as determined by
3756	the local government.
3757	(c)  The local plan includes a financially feasible capital
3758	improvements element that provides for transportation facilities
3759	adequate to serve the proposed development, and the local
3760	government has not implemented that element.
3761	(d)  The local government has provided a means by which the
3762	landowner will be assessed a fair share of the cost of providing
3763	the transportation facilities necessary to serve the proposed
3764	development.
3765	(e)  The landowner has made a binding commitment to the
3766	local government to pay the fair share of the cost of providing
3767	the transportation facilities to serve the proposed development.
3768	(12)(a)  A development of regional impact may satisfy the
3769	transportation concurrency requirements of the local
3770	comprehensive plan, the local government's concurrency
3771	management system, and s. 380.06 by payment of a proportionate-
3772	share contribution for local and regionally significant traffic
3773	impacts, if:
3774	1.  The development of regional impact which, based on its
3775	location or mix of land uses, is designed to encourage
3776	pedestrian or other nonautomotive modes of transportation;
3777	2.  The proportionate-share contribution for local and
3778	regionally significant traffic impacts is sufficient to pay for
3779	one or more required mobility improvements that will benefit a
3780	regionally significant transportation facility;
3781	3.  The owner and developer of the development of regional
3782	impact pays or assures payment of the proportionate-share
3783	contribution; and
3784	4.  If the regionally significant transportation facility
3785	to be constructed or improved is under the maintenance authority
3786	of a governmental entity, as defined by s. 334.03(12), other
3787	than the local government with jurisdiction over the development
3788	of regional impact, the developer is required to enter into a
3789	binding and legally enforceable commitment to transfer funds to
3790	the governmental entity having maintenance authority or to
3791	otherwise assure construction or improvement of the facility.
3792
3793	The proportionate-share contribution may be applied to any
3794	transportation facility to satisfy the provisions of this
3795	subsection and the local comprehensive plan, but, for the
3796	purposes of this subsection, the amount of the proportionate-
3797	share contribution shall be calculated based upon the cumulative
3798	number of trips from the proposed development expected to reach
3799	roadways during the peak hour from the complete buildout of a
3800	stage or phase being approved, divided by the change in the peak
3801	hour maximum service volume of roadways resulting from
3802	construction of an improvement necessary to maintain the adopted
3803	level of service, multiplied by the construction cost, at the
3804	time of developer payment, of the improvement necessary to
3805	maintain the adopted level of service. For purposes of this
3806	subsection, "construction cost" includes all associated costs of
3807	the improvement. Proportionate-share mitigation shall be limited
3808	to ensure that a development of regional impact meeting the
3809	requirements of this subsection mitigates its impact on the
3810	transportation system but is not responsible for the additional
3811	cost of reducing or eliminating backlogs. This subsection also
3812	applies to Florida Quality Developments pursuant to s. 380.061
3813	and to detailed specific area plans implementing optional sector
3814	plans pursuant to s. 163.3245.
3815	(b)  As used in this subsection, the term "backlog" means a
3816	facility or facilities on which the adopted level-of-service
3817	standard is exceeded by the existing trips, plus additional
3818	projected background trips from any source other than the
3819	development project under review that are forecast by
3820	established traffic standards, including traffic modeling,
3821	consistent with the University of Florida Bureau of Economic and
3822	Business Research medium population projections. Additional
3823	projected background trips are to be coincident with the
3824	particular stage or phase of development under review.
3825	(13)  School concurrency shall be established on a
3826	districtwide basis and shall include all public schools in the
3827	district and all portions of the district, whether located in a
3828	municipality or an unincorporated area unless exempt from the
3829	public school facilities element pursuant to s. 163.3177(12).
3830	(6)(a)  If concurrency is applied to public education
3831	facilities, The application of school concurrency to development
3832	shall be based upon the adopted comprehensive plan, as amended.
3833	all local governments within a county, except as provided in
3834	paragraph (i) (f), shall include principles, guidelines,
3835	standards, and strategies, including adopted levels of service,
3836	in their comprehensive plans and adopt and transmit to the state
3837	land planning agency the necessary plan amendments, along with
3838	the interlocal agreements. If the county and one or more
3839	municipalities have adopted school concurrency into its
3840	comprehensive plan and interlocal agreement that represents at
3841	least 80 percent of the total countywide population, the failure
3842	of one or more municipalities to adopt the concurrency and enter
3843	into the interlocal agreement does not preclude implementation
3844	of school concurrency within jurisdictions of the school
3845	district that have opted to implement concurrency. agreement,
3846	for a compliance review pursuant to s. 163.3184(7) and (8). The
3847	minimum requirements for school concurrency are the following:
3848	(a)  Public school facilities element.-A local government
3849	shall adopt and transmit to the state land planning agency a
3850	plan or plan amendment which includes a public school facilities
3851	element which is consistent with the requirements of s.
3852	163.3177(12) and which is determined to be in compliance as
3853	defined in s. 163.3184(1)(b). All local government provisions
3854	included in comprehensive plans regarding school concurrency
3855	public school facilities plan elements within a county must be
3856	consistent with each other as well as the requirements of this
3857	part.
3858	(b)  Level-of-service standards.-The Legislature recognizes
3859	that an essential requirement for a concurrency management
3860	system is the level of service at which a public facility is
3861	expected to operate.
3862	1.  Local governments and school boards imposing school
3863	concurrency shall exercise authority in conjunction with each
3864	other to establish jointly adequate level-of-service standards,
3865	as defined in chapter 9J-5, Florida Administrative Code,
3866	necessary to implement the adopted local government
3867	comprehensive plan, based on data and analysis.
3868	(c)2.  Public school level-of-service standards shall be
3869	included and adopted into the capital improvements element of
3870	the local comprehensive plan and shall apply districtwide to all
3871	schools of the same type. Types of schools may include
3872	elementary, middle, and high schools as well as special purpose
3873	facilities such as magnet schools.
3874	(d)3.  Local governments and school boards may shall have
3875	the option to utilize tiered level-of-service standards to allow
3876	time to achieve an adequate and desirable level of service as
3877	circumstances warrant.
3878	(e)4.  For the purpose of determining whether levels of
3879	service have been achieved, for the first 3 years of school
3880	concurrency implementation, A school district that includes
3881	relocatable facilities in its inventory of student stations
3882	shall include the capacity of such relocatable facilities as
3883	provided in s. 1013.35(2)(b)2.f., provided the relocatable
3884	facilities were purchased after 1998 and the relocatable
3885	facilities meet the standards for long-term use pursuant to s.
3886	1013.20.
3887	(c)  Service areas.-The Legislature recognizes that an
3888	essential requirement for a concurrency system is a designation
3889	of the area within which the level of service will be measured
3890	when an application for a residential development permit is
3891	reviewed for school concurrency purposes. This delineation is
3892	also important for purposes of determining whether the local
3893	government has a financially feasible public school capital
3894	facilities program that will provide schools which will achieve
3895	and maintain the adopted level-of-service standards.
3896	(f)1.  In order to balance competing interests, preserve
3897	the constitutional concept of uniformity, and avoid disruption
3898	of existing educational and growth management processes, local
3899	governments are encouraged, if they elect to adopt school
3900	concurrency, to initially apply school concurrency to
3901	development only on a districtwide basis so that a concurrency
3902	determination for a specific development will be based upon the
3903	availability of school capacity districtwide. To ensure that
3904	development is coordinated with schools having available
3905	capacity, within 5 years after adoption of school concurrency,
3906	2.  If a local government elects to governments shall apply
3907	school concurrency on a less than districtwide basis, by such as
3908	using school attendance zones or concurrency service areas:, as
3909	provided in subparagraph 2.
3910	a.2.  For local governments applying school concurrency on
3911	a less than districtwide basis, such as utilizing school
3912	attendance zones or larger school concurrency service areas,
3913	Local governments and school boards shall have the burden to
3914	demonstrate that the utilization of school capacity is maximized
3915	to the greatest extent possible in the comprehensive plan and
3916	amendment, taking into account transportation costs and court-
3917	approved desegregation plans, as well as other factors. In
3918	addition, in order to achieve concurrency within the service
3919	area boundaries selected by local governments and school boards,
3920	the service area boundaries, together with the standards for
3921	establishing those boundaries, shall be identified and included
3922	as supporting data and analysis for the comprehensive plan.
3923	b.3.  Where school capacity is available on a districtwide
3924	basis but school concurrency is applied on a less than
3925	districtwide basis in the form of concurrency service areas, if
3926	the adopted level-of-service standard cannot be met in a
3927	particular service area as applied to an application for a
3928	development permit and if the needed capacity for the particular
3929	service area is available in one or more contiguous service
3930	areas, as adopted by the local government, then the local
3931	government may not deny an application for site plan or final
3932	subdivision approval or the functional equivalent for a
3933	development or phase of a development on the basis of school
3934	concurrency, and if issued, development impacts shall be
3935	subtracted from the shifted to  contiguous service area's areas
3936	with schools having available capacity totals. Students from the
3937	development may not be required to go to the adjacent service
3938	area unless the school board rezones the area in which the
3939	development occurs.
3940	(g)(d)  Financial feasibility.-The Legislature recognizes
3941	that financial feasibility is an important issue because The
3942	premise of concurrency is that the public facilities will be
3943	provided in order to achieve and maintain the adopted level-of-
3944	service standard. This part and chapter 9J-5, Florida
3945	Administrative Code, contain specific standards to determine the
3946	financial feasibility of capital programs. These standards were
3947	adopted to make concurrency more predictable and local
3948	governments more accountable.
3949	1.  A comprehensive plan that imposes amendment seeking to
3950	impose school concurrency shall contain appropriate amendments
3951	to the capital improvements element of the comprehensive plan,
3952	consistent with the requirements of s. 163.3177(3) and rule 9J-
3953	5.016, Florida Administrative Code. The capital improvements
3954	element shall identify facilities necessary to meet adopted
3955	levels of service during a 5-year period consistent with the
3956	school board's educational set forth a financially feasible
3957	public school capital facilities plan program, established in
3958	conjunction with the school board, that demonstrates that the
3959	adopted level-of-service standards will be achieved and
3960	maintained.
3961	(h)1.  In order to limit the liability of local
3962	governments, a local government may allow a landowner to proceed
3963	with development of a specific parcel of land notwithstanding a
3964	failure of the development to satisfy school concurrency, if all
3965	the following factors are shown to exist:
3966	a.  The proposed development would be consistent with the
3967	future land use designation for the specific property and with
3968	pertinent portions of the adopted local plan, as determined by
3969	the local government.
3970	b.  The local government's capital improvements element and
3971	the school board's educational facilities plan provide for
3972	school facilities adequate to serve the proposed development,
3973	and the local government or school board has not implemented
3974	that element or the project includes a plan that demonstrates
3975	that the capital facilities needed as a result of the project
3976	can be reasonably provided.
3977	c.  The local government and school board have provided a
3978	means by which the landowner will be assessed a proportionate
3979	share of the cost of providing the school facilities necessary
3980	to serve the proposed development.
3981	2.  Such amendments shall demonstrate that the public
3982	school capital facilities program meets all of the financial
3983	feasibility standards of this part and chapter 9J-5, Florida
3984	Administrative Code, that apply to capital programs which
3985	provide the basis for mandatory concurrency on other public
3986	facilities and services.
3987	3.  When the financial feasibility of a public school
3988	capital facilities program is evaluated by the state land
3989	planning agency for purposes of a compliance determination, the
3990	evaluation shall be based upon the service areas selected by the
3991	local governments and school board.
3992	2.(e)  Availability standard.-Consistent with the public
3993	welfare, If a local government applies school concurrency, it
3994	may not deny an application for site plan, final subdivision
3995	approval, or the functional equivalent for a development or
3996	phase of a development authorizing residential development for
3997	failure to achieve and maintain the level-of-service standard
3998	for public school capacity in a local school concurrency
3999	management system where adequate school facilities will be in
4000	place or under actual construction within 3 years after the
4001	issuance of final subdivision or site plan approval, or the
4002	functional equivalent. School concurrency is satisfied if the
4003	developer executes a legally binding commitment to provide
4004	mitigation proportionate to the demand for public school
4005	facilities to be created by actual development of the property,
4006	including, but not limited to, the options described in sub-
4007	subparagraph a. subparagraph 1. Options for proportionate-share
4008	mitigation of impacts on public school facilities must be
4009	established in the comprehensive plan public school facilities
4010	element and the interlocal agreement pursuant to s. 163.31777.
4011	a.1.  Appropriate mitigation options include the
4012	contribution of land; the construction, expansion, or payment
4013	for land acquisition or construction of a public school
4014	facility; the construction of a charter school that complies
4015	with the requirements of s. 1002.33(18); or the creation of
4016	mitigation banking based on the construction of a public school
4017	facility in exchange for the right to sell capacity credits.
4018	Such options must include execution by the applicant and the
4019	local government of a development agreement that constitutes a
4020	legally binding commitment to pay proportionate-share mitigation
4021	for the additional residential units approved by the local
4022	government in a development order and actually developed on the
4023	property, taking into account residential density allowed on the
4024	property prior to the plan amendment that increased the overall
4025	residential density. The district school board must be a party
4026	to such an agreement. As a condition of its entry into such a
4027	development agreement, the local government may require the
4028	landowner to agree to continuing renewal of the agreement upon
4029	its expiration.
4030	b.2.  If the interlocal agreement education facilities plan
4031	and the local government comprehensive plan public educational
4032	facilities element authorize a contribution of land; the
4033	construction, expansion, or payment for land acquisition; the
4034	construction or expansion of a public school facility, or a
4035	portion thereof; or the construction of a charter school that
4036	complies with the requirements of s. 1002.33(18), as
4037	proportionate-share mitigation, the local government shall
4038	credit such a contribution, construction, expansion, or payment
4039	toward any other impact fee or exaction imposed by local
4040	ordinance for the same need, on a dollar-for-dollar basis at
4041	fair market value.
4042	c.3.  Any proportionate-share mitigation must be directed
4043	by the school board toward a school capacity improvement
4044	identified in the a financially feasible 5-year school board's
4045	educational facilities district work plan that satisfies the
4046	demands created by the development in accordance with a binding
4047	developer's agreement.
4048	4.  If a development is precluded from commencing because
4049	there is inadequate classroom capacity to mitigate the impacts
4050	of the development, the development may nevertheless commence if
4051	there are accelerated facilities in an approved capital
4052	improvement element scheduled for construction in year four or
4053	later of such plan which, when built, will mitigate the proposed
4054	development, or if such accelerated facilities will be in the
4055	next annual update of the capital facilities element, the
4056	developer enters into a binding, financially guaranteed
4057	agreement with the school district to construct an accelerated
4058	facility within the first 3 years of an approved capital
4059	improvement plan, and the cost of the school facility is equal
4060	to or greater than the development's proportionate share. When
4061	the completed school facility is conveyed to the school
4062	district, the developer shall receive impact fee credits usable
4063	within the zone where the facility is constructed or any
4064	attendance zone contiguous with or adjacent to the zone where
4065	the facility is constructed.
4066	3.5.  This paragraph does not limit the authority of a
4067	local government to deny a development permit or its functional
4068	equivalent pursuant to its home rule regulatory powers, except
4069	as provided in this part.
4070	(i)(f)  Intergovernmental coordination.-
4071	1.  When establishing concurrency requirements for public
4072	schools, a local government shall satisfy the requirements for
4073	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4074	and 2., except that A municipality is not required to be a
4075	signatory to the interlocal agreement required by paragraph (j)
4076	ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4077	imposition of school concurrency, and as a nonsignatory, may
4078	shall not participate in the adopted local school concurrency
4079	system, if the municipality meets all of the following criteria
4080	for having no significant impact on school attendance:
4081	1.a.  The municipality has issued development orders for
4082	fewer than 50 residential dwelling units during the preceding 5
4083	years, or the municipality has generated fewer than 25
4084	additional public school students during the preceding 5 years.
4085	2.b.  The municipality has not annexed new land during the
4086	preceding 5 years in land use categories which permit
4087	residential uses that will affect school attendance rates.
4088	3.c.  The municipality has no public schools located within
4089	its boundaries.
4090	4.d.  At least 80 percent of the developable land within
4091	the boundaries of the municipality has been built upon.
4092	2.  A municipality which qualifies as having no significant
4093	impact on school attendance pursuant to the criteria of
4094	subparagraph 1. must review and determine at the time of its
4095	evaluation and appraisal report pursuant to s. 163.3191 whether
4096	it continues to meet the criteria pursuant to s. 163.31777(6).
4097	If the municipality determines that it no longer meets the
4098	criteria, it must adopt appropriate school concurrency goals,
4099	objectives, and policies in its plan amendments based on the
4100	evaluation and appraisal report, and enter into the existing
4101	interlocal agreement required by ss. 163.3177(6)(h)2. and
4102	163.31777, in order to fully participate in the school
4103	concurrency system. If such a municipality fails to do so, it
4104	will be subject to the enforcement provisions of s. 163.3191.
4105	(j)(g)  Interlocal agreement for school concurrency.-When
4106	establishing concurrency requirements for public schools, a
4107	local government must enter into an interlocal agreement that
4108	satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4109	163.31777 and the requirements of this subsection. The
4110	interlocal agreement shall acknowledge both the school board's
4111	constitutional and statutory obligations to provide a uniform
4112	system of free public schools on a countywide basis, and the
4113	land use authority of local governments, including their
4114	authority to approve or deny comprehensive plan amendments and
4115	development orders. The interlocal agreement shall be submitted
4116	to the state land planning agency by the local government as a
4117	part of the compliance review, along with the other necessary
4118	amendments to the comprehensive plan required by this part. In
4119	addition to the requirements of ss. 163.3177(6)(h) and
4120	163.31777, The interlocal agreement shall meet the following
4121	requirements:
4122	1.  Establish the mechanisms for coordinating the
4123	development, adoption, and amendment of each local government's
4124	school concurrency related provisions of the comprehensive plan
4125	public school facilities element with each other and the plans
4126	of the school board to ensure a uniform districtwide school
4127	concurrency system.
4128	2.  Establish a process for the development of siting
4129	criteria which encourages the location of public schools
4130	proximate to urban residential areas to the extent possible and
4131	seeks to collocate schools with other public facilities such as
4132	parks, libraries, and community centers to the extent possible.
4133	2.3.  Specify uniform, districtwide level-of-service
4134	standards for public schools of the same type and the process
4135	for modifying the adopted level-of-service standards.
4136	4.  Establish a process for the preparation, amendment, and
4137	joint approval by each local government and the school board of
4138	a public school capital facilities program which is financially
4139	feasible, and a process and schedule for incorporation of the
4140	public school capital facilities program into the local
4141	government comprehensive plans on an annual basis.
4142	3.5.  Define the geographic application of school
4143	concurrency. If school concurrency is to be applied on a less
4144	than districtwide basis in the form of concurrency service
4145	areas, the agreement shall establish criteria and standards for
4146	the establishment and modification of school concurrency service
4147	areas. The agreement shall also establish a process and schedule
4148	for the mandatory incorporation of the school concurrency
4149	service areas and the criteria and standards for establishment
4150	of the service areas into the local government comprehensive
4151	plans. The agreement shall ensure maximum utilization of school
4152	capacity, taking into account transportation costs and court-
4153	approved desegregation plans, as well as other factors. The
4154	agreement shall also ensure the achievement and maintenance of
4155	the adopted level-of-service standards for the geographic area
4156	of application throughout the 5 years covered by the public
4157	school capital facilities plan and thereafter by adding a new
4158	fifth year during the annual update.
4159	4.6.  Establish a uniform districtwide procedure for
4160	implementing school concurrency which provides for:
4161	a.  The evaluation of development applications for
4162	compliance with school concurrency requirements, including
4163	information provided by the school board on affected schools,
4164	impact on levels of service, and programmed improvements for
4165	affected schools and any options to provide sufficient capacity;
4166	b.  An opportunity for the school board to review and
4167	comment on the effect of comprehensive plan amendments and
4168	rezonings on the public school facilities plan; and
4169	c.  The monitoring and evaluation of the school concurrency
4170	system.
4171	7.  Include provisions relating to amendment of the
4172	agreement.
4173	5.8.  A process and uniform methodology for determining
4174	proportionate-share mitigation pursuant to paragraph (h)
4175	subparagraph (e)1.
4176	(k)(h)  Local government authority.-This subsection does
4177	not limit the authority of a local government to grant or deny a
4178	development permit or its functional equivalent prior to the
4179	implementation of school concurrency.
4180	(14)  The state land planning agency shall, by October 1,
4181	1998, adopt by rule minimum criteria for the review and
4182	determination of compliance of a public school facilities
4183	element adopted by a local government for purposes of imposition
4184	of school concurrency.
4185	(15)(a)  Multimodal transportation districts may be
4186	established under a local government comprehensive plan in areas
4187	delineated on the future land use map for which the local
4188	comprehensive plan assigns secondary priority to vehicle
4189	mobility and primary priority to assuring a safe, comfortable,
4190	and attractive pedestrian environment, with convenient
4191	interconnection to transit. Such districts must incorporate
4192	community design features that will reduce the number of
4193	automobile trips or vehicle miles of travel and will support an
4194	integrated, multimodal transportation system. Prior to the
4195	designation of multimodal transportation districts, the
4196	Department of Transportation shall be consulted by the local
4197	government to assess the impact that the proposed multimodal
4198	district area is expected to have on the adopted level-of-
4199	service standards established for Strategic Intermodal System
4200	facilities, as defined in s. 339.64, and roadway facilities
4201	funded in accordance with s. 339.2819. Further, the local
4202	government shall, in cooperation with the Department of
4203	Transportation, develop a plan to mitigate any impacts to the
4204	Strategic Intermodal System, including the development of a
4205	long-term concurrency management system pursuant to subsection
4206	(9) and s. 163.3177(3)(d). Multimodal transportation districts
4207	existing prior to July 1, 2005, shall meet, at a minimum, the
4208	provisions of this section by July 1, 2006, or at the time of
4209	the comprehensive plan update pursuant to the evaluation and
4210	appraisal report, whichever occurs last.
4211	(b)  Community design elements of such a district include:
4212	a complementary mix and range of land uses, including
4213	educational, recreational, and cultural uses; interconnected
4214	networks of streets designed to encourage walking and bicycling,
4215	with traffic-calming where desirable; appropriate densities and
4216	intensities of use within walking distance of transit stops;
4217	daily activities within walking distance of residences, allowing
4218	independence to persons who do not drive; public uses, streets,
4219	and squares that are safe, comfortable, and attractive for the
4220	pedestrian, with adjoining buildings open to the street and with
4221	parking not interfering with pedestrian, transit, automobile,
4222	and truck travel modes.
4223	(c)  Local governments may establish multimodal level-of-
4224	service standards that rely primarily on nonvehicular modes of
4225	transportation within the district, when justified by an
4226	analysis demonstrating that the existing and planned community
4227	design will provide an adequate level of mobility within the
4228	district based upon professionally accepted multimodal level-of-
4229	service methodologies. The analysis must also demonstrate that
4230	the capital improvements required to promote community design
4231	are financially feasible over the development or redevelopment
4232	timeframe for the district and that community design features
4233	within the district provide convenient interconnection for a
4234	multimodal transportation system. Local governments may issue
4235	development permits in reliance upon all planned community
4236	design capital improvements that are financially feasible over
4237	the development or redevelopment timeframe for the district,
4238	without regard to the period of time between development or
4239	redevelopment and the scheduled construction of the capital
4240	improvements. A determination of financial feasibility shall be
4241	based upon currently available funding or funding sources that
4242	could reasonably be expected to become available over the
4243	planning period.
4244	(d)  Local governments may reduce impact fees or local
4245	access fees for development within multimodal transportation
4246	districts based on the reduction of vehicle trips per household
4247	or vehicle miles of travel expected from the development pattern
4248	planned for the district.
4249	(16)  It is the intent of the Legislature to provide a
4250	method by which the impacts of development on transportation
4251	facilities can be mitigated by the cooperative efforts of the
4252	public and private sectors. The methodology used to calculate
4253	proportionate fair-share mitigation under this section shall be
4254	as provided for in subsection (12).
4255	(a)  By December 1, 2006, each local government shall adopt
4256	by ordinance a methodology for assessing proportionate fair-
4257	share mitigation options. By December 1, 2005, the Department of
4258	Transportation shall develop a model transportation concurrency
4259	management ordinance with methodologies for assessing
4260	proportionate fair-share mitigation options.
4261	(b)1.  In its transportation concurrency management system,
4262	a local government shall, by December 1, 2006, include
4263	methodologies that will be applied to calculate proportionate
4264	fair-share mitigation. A developer may choose to satisfy all
4265	transportation concurrency requirements by contributing or
4266	paying proportionate fair-share mitigation if transportation
4267	facilities or facility segments identified as mitigation for
4268	traffic impacts are specifically identified for funding in the
4269	5-year schedule of capital improvements in the capital
4270	improvements element of the local plan or the long-term
4271	concurrency management system or if such contributions or
4272	payments to such facilities or segments are reflected in the 5-
4273	year schedule of capital improvements in the next regularly
4274	scheduled update of the capital improvements element. Updates to
4275	the 5-year capital improvements element which reflect
4276	proportionate fair-share contributions may not be found not in
4277	compliance based on ss. 163.3164(32) and 163.3177(3) if
4278	additional contributions, payments or funding sources are
4279	reasonably anticipated during a period not to exceed 10 years to
4280	fully mitigate impacts on the transportation facilities.
4281	2.  Proportionate fair-share mitigation shall be applied as
4282	a credit against impact fees to the extent that all or a portion
4283	of the proportionate fair-share mitigation is used to address
4284	the same capital infrastructure improvements contemplated by the
4285	local government's impact fee ordinance.
4286	(c)  Proportionate fair-share mitigation includes, without
4287	limitation, separately or collectively, private funds,
4288	contributions of land, and construction and contribution of
4289	facilities and may include public funds as determined by the
4290	local government. Proportionate fair-share mitigation may be
4291	directed toward one or more specific transportation improvements
4292	reasonably related to the mobility demands created by the
4293	development and such improvements may address one or more modes
4294	of travel. The fair market value of the proportionate fair-share
4295	mitigation shall not differ based on the form of mitigation. A
4296	local government may not require a development to pay more than
4297	its proportionate fair-share contribution regardless of the
4298	method of mitigation. Proportionate fair-share mitigation shall
4299	be limited to ensure that a development meeting the requirements
4300	of this section mitigates its impact on the transportation
4301	system but is not responsible for the additional cost of
4302	reducing or eliminating backlogs.
4303	(d)  This subsection does not require a local government to
4304	approve a development that is not otherwise qualified for
4305	approval pursuant to the applicable local comprehensive plan and
4306	land development regulations.
4307	(e)  Mitigation for development impacts to facilities on
4308	the Strategic Intermodal System made pursuant to this subsection
4309	requires the concurrence of the Department of Transportation.
4310	(f)  If the funds in an adopted 5-year capital improvements
4311	element are insufficient to fully fund construction of a
4312	transportation improvement required by the local government's
4313	concurrency management system, a local government and a
4314	developer may still enter into a binding proportionate-share
4315	agreement authorizing the developer to construct that amount of
4316	development on which the proportionate share is calculated if
4317	the proportionate-share amount in such agreement is sufficient
4318	to pay for one or more improvements which will, in the opinion
4319	of the governmental entity or entities maintaining the
4320	transportation facilities, significantly benefit the impacted
4321	transportation system. The improvements funded by the
4322	proportionate-share component must be adopted into the 5-year
4323	capital improvements schedule of the comprehensive plan at the
4324	next annual capital improvements element update. The funding of
4325	any improvements that significantly benefit the impacted
4326	transportation system satisfies concurrency requirements as a
4327	mitigation of the development's impact upon the overall
4328	transportation system even if there remains a failure of
4329	concurrency on other impacted facilities.
4330	(g)  Except as provided in subparagraph (b)1., this section
4331	may not prohibit the Department of Community Affairs from
4332	finding other portions of the capital improvements element
4333	amendments not in compliance as provided in this chapter.
4334	(h)  The provisions of this subsection do not apply to a
4335	development of regional impact satisfying the requirements of
4336	subsection (12).
4337	(i)  As used in this subsection, the term "backlog" means a
4338	facility or facilities on which the adopted level-of-service
4339	standard is exceeded by the existing trips, plus additional
4340	projected background trips from any source other than the
4341	development project under review that are forecast by
4342	established traffic standards, including traffic modeling,
4343	consistent with the University of Florida Bureau of Economic and
4344	Business Research medium population projections. Additional
4345	projected background trips are to be coincident with the
4346	particular stage or phase of development under review.
4347	(17)  A local government and the developer of affordable
4348	workforce housing units developed in accordance with s.
4349	380.06(19) or s. 380.0651(3) may identify an employment center
4350	or centers in close proximity to the affordable workforce
4351	housing units. If at least 50 percent of the units are occupied
4352	by an employee or employees of an identified employment center
4353	or centers, all of the affordable workforce housing units are
4354	exempt from transportation concurrency requirements, and the
4355	local government may not reduce any transportation trip-
4356	generation entitlements of an approved development-of-regional-
4357	impact development order. As used in this subsection, the term
4358	"close proximity" means 5 miles from the nearest point of the
4359	development of regional impact to the nearest point of the
4360	employment center, and the term "employment center" means a
4361	place of employment that employs at least 25 or more full-time
4362	employees.
4363	Section 16.  Section 163.3182, Florida Statutes, is amended
4364	to read:
4365	163.3182  Transportation deficiencies concurrency
4366	backlogs.-
4367	(1)  DEFINITIONS.-For purposes of this section, the term:
4368	(a)  "Transportation deficiency concurrency backlog area"
4369	means the geographic area within the unincorporated portion of a
4370	county or within the municipal boundary of a municipality
4371	designated in a local government comprehensive plan for which a
4372	transportation development concurrency backlog authority is
4373	created pursuant to this section. A transportation deficiency
4374	concurrency backlog area created within the corporate boundary
4375	of a municipality shall be made pursuant to an interlocal
4376	agreement between a county, a municipality or municipalities,
4377	and any affected taxing authority or authorities.
4378	(b)  "Authority" or "transportation development concurrency
4379	backlog authority" means the governing body of a county or
4380	municipality within which an authority is created.
4381	(c)  "Governing body" means the council, commission, or
4382	other legislative body charged with governing the county or
4383	municipality within which an a transportation concurrency
4384	backlog authority is created pursuant to this section.
4385	(d)  "Transportation deficiency concurrency backlog" means
4386	an identified need deficiency where the existing and projected
4387	extent of traffic volume exceeds the level of service standard
4388	adopted in a local government comprehensive plan for a
4389	transportation facility.
4390	(e)  "Transportation sufficiency concurrency backlog plan"
4391	means the plan adopted as part of a local government
4392	comprehensive plan by the governing body of a county or
4393	municipality acting as a transportation development concurrency
4394	backlog authority.
4395	(f)  "Transportation concurrency backlog project" means any
4396	designated transportation project identified for construction
4397	within the jurisdiction of a transportation development
4398	concurrency backlog authority.
4399	(g)  "Debt service millage" means any millage levied
4400	pursuant to s. 12, Art. VII of the State Constitution.
4401	(h)  "Increment revenue" means the amount calculated
4402	pursuant to subsection (5).
4403	(i)  "Taxing authority" means a public body that levies or
4404	is authorized to levy an ad valorem tax on real property located
4405	within a transportation deficiency concurrency backlog area,
4406	except a school district.
4407	(2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4408	BACKLOG AUTHORITIES.-
4409	(a)  A county or municipality may create a transportation
4410	development concurrency backlog authority if it has an
4411	identified transportation deficiency concurrency backlog.
4412	(b)  Acting as the transportation development concurrency
4413	backlog authority within the authority's jurisdictional
4414	boundary, the governing body of a county or municipality shall
4415	adopt and implement a plan to eliminate all identified
4416	transportation deficiencies concurrency backlogs within the
4417	authority's jurisdiction using funds provided pursuant to
4418	subsection (5) and as otherwise provided pursuant to this
4419	section.
4420	(c)  The Legislature finds and declares that there exist in
4421	many counties and municipalities areas that have significant
4422	transportation deficiencies and inadequate transportation
4423	facilities; that many insufficiencies and inadequacies severely
4424	limit or prohibit the satisfaction of transportation level of
4425	service concurrency standards; that the transportation
4426	insufficiencies and inadequacies affect the health, safety, and
4427	welfare of the residents of these counties and municipalities;
4428	that the transportation insufficiencies and inadequacies
4429	adversely affect economic development and growth of the tax base
4430	for the areas in which these insufficiencies and inadequacies
4431	exist; and that the elimination of transportation deficiencies
4432	and inadequacies and the satisfaction of transportation
4433	concurrency standards are paramount public purposes for the
4434	state and its counties and municipalities.
4435	(3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4436	BACKLOG AUTHORITY.-Each transportation development concurrency
4437	backlog authority created pursuant to this section has the
4438	powers necessary or convenient to carry out the purposes of this
4439	section, including the following powers in addition to others
4440	granted in this section:
4441	(a)  To make and execute contracts and other instruments
4442	necessary or convenient to the exercise of its powers under this
4443	section.
4444	(b)  To undertake and carry out transportation concurrency
4445	backlog projects for transportation facilities designed to
4446	relieve transportation deficiencies that have a concurrency
4447	backlog within the authority's jurisdiction. Transportation
4448	Concurrency backlog projects may include transportation
4449	facilities that provide for alternative modes of travel
4450	including sidewalks, bikeways, and mass transit which are
4451	related to a deficient backlogged transportation facility.
4452	(c)  To invest any transportation concurrency backlog funds
4453	held in reserve, sinking funds, or any such funds not required
4454	for immediate disbursement in property or securities in which
4455	savings banks may legally invest funds subject to the control of
4456	the authority and to redeem such bonds as have been issued
4457	pursuant to this section at the redemption price established
4458	therein, or to purchase such bonds at less than redemption
4459	price. All such bonds redeemed or purchased shall be canceled.
4460	(d)  To borrow money, including, but not limited to,
4461	issuing debt obligations such as, but not limited to, bonds,
4462	notes, certificates, and similar debt instruments; to apply for
4463	and accept advances, loans, grants, contributions, and any other
4464	forms of financial assistance from the Federal Government or the
4465	state, county, or any other public body or from any sources,
4466	public or private, for the purposes of this part; to give such
4467	security as may be required; to enter into and carry out
4468	contracts or agreements; and to include in any contracts for
4469	financial assistance with the Federal Government for or with
4470	respect to a transportation concurrency backlog project and
4471	related activities such conditions imposed under federal laws as
4472	the transportation development concurrency backlog authority
4473	considers reasonable and appropriate and which are not
4474	inconsistent with the purposes of this section.
4475	(e)  To make or have made all surveys and plans necessary
4476	to the carrying out of the purposes of this section; to contract
4477	with any persons, public or private, in making and carrying out
4478	such plans; and to adopt, approve, modify, or amend such
4479	transportation sufficiency concurrency backlog plans.
4480	(f)  To appropriate such funds and make such expenditures
4481	as are necessary to carry out the purposes of this section, and
4482	to enter into agreements with other public bodies, which
4483	agreements may extend over any period notwithstanding any
4484	provision or rule of law to the contrary.
4485	(4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4486	(a)  Each transportation development concurrency backlog
4487	authority shall adopt a transportation sufficiency concurrency
4488	backlog plan as a part of the local government comprehensive
4489	plan within 6 months after the creation of the authority. The
4490	plan must:
4491	(a)1.  Identify all transportation facilities that have
4492	been designated as deficient and require the expenditure of
4493	moneys to upgrade, modify, or mitigate the deficiency.
4494	(b)2.  Include a priority listing of all transportation
4495	facilities that have been designated as deficient and do not
4496	satisfy concurrency requirements pursuant to s. 163.3180, and
4497	the applicable local government comprehensive plan.
4498	(c)3.  Establish a schedule for financing and construction
4499	of transportation concurrency backlog projects that will
4500	eliminate transportation deficiencies concurrency backlogs
4501	within the jurisdiction of the authority within 10 years after
4502	the transportation sufficiency concurrency backlog plan
4503	adoption. The schedule shall be adopted as part of the local
4504	government comprehensive plan.
4505	(b)  The adoption of the transportation concurrency backlog
4506	plan shall be exempt from the provisions of s. 163.3187(1).
4507
4508	Notwithstanding such schedule requirements, as long as the
4509	schedule provides for the elimination of all transportation
4510	deficiencies concurrency backlogs within 10 years after the
4511	adoption of the transportation sufficiency concurrency backlog
4512	plan, the final maturity date of any debt incurred to finance or
4513	refinance the related projects may be no later than 40 years
4514	after the date the debt is incurred and the authority may
4515	continue operations and administer the trust fund established as
4516	provided in subsection (5) for as long as the debt remains
4517	outstanding.
4518	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4519	development concurrency backlog authority shall establish a
4520	local transportation concurrency backlog trust fund upon
4521	creation of the authority. Each local trust fund shall be
4522	administered by the transportation development concurrency
4523	backlog authority within which a transportation deficiencies
4524	have concurrency backlog has been identified. Each local trust
4525	fund must continue to be funded under this section for as long
4526	as the projects set forth in the related transportation
4527	sufficiency concurrency backlog plan remain to be completed or
4528	until any debt incurred to finance or refinance the related
4529	projects is no longer outstanding, whichever occurs later.
4530	Beginning in the first fiscal year after the creation of the
4531	authority, each local trust fund shall be funded by the proceeds
4532	of an ad valorem tax increment collected within each
4533	transportation deficiency concurrency backlog area to be
4534	determined annually and shall be a minimum of 25 percent of the
4535	difference between the amounts set forth in paragraphs (a) and
4536	(b), except that if all of the affected taxing authorities agree
4537	under an interlocal agreement, a particular local trust fund may
4538	be funded by the proceeds of an ad valorem tax increment greater
4539	than 25 percent of the difference between the amounts set forth
4540	in paragraphs (a) and (b):
4541	(a)  The amount of ad valorem tax levied each year by each
4542	taxing authority, exclusive of any amount from any debt service
4543	millage, on taxable real property contained within the
4544	jurisdiction of the transportation development concurrency
4545	backlog authority and within the transportation deficiency
4546	backlog area; and
4547	(b)  The amount of ad valorem taxes which would have been
4548	produced by the rate upon which the tax is levied each year by
4549	or for each taxing authority, exclusive of any debt service
4550	millage, upon the total of the assessed value of the taxable
4551	real property within the transportation deficiency concurrency
4552	backlog area as shown on the most recent assessment roll used in
4553	connection with the taxation of such property of each taxing
4554	authority prior to the effective date of the ordinance funding
4555	the trust fund.
4556	(6)  EXEMPTIONS.-
4557	(a)  The following public bodies or taxing authorities are
4558	exempt from the provisions of this section:
4559	1.  A special district that levies ad valorem taxes on
4560	taxable real property in more than one county.
4561	2.  A special district for which the sole available source
4562	of revenue is the authority to levy ad valorem taxes at the time
4563	an ordinance is adopted under this section. However, revenues or
4564	aid that may be dispensed or appropriated to a district as
4565	defined in s. 388.011 at the discretion of an entity other than
4566	such district are shall not be deemed available.
4567	3.  A library district.
4568	4.  A neighborhood improvement district created under the
4569	Safe Neighborhoods Act.
4570	5.  A metropolitan transportation authority.
4571	6.  A water management district created under s. 373.069.
4572	7.  A community redevelopment agency.
4573	(b)  A transportation development concurrency exemption
4574	authority may also exempt from this section a special district
4575	that levies ad valorem taxes within the transportation
4576	deficiency concurrency backlog area pursuant to s.
4577	163.387(2)(d).
4578	(7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4579	of a transportation sufficiency concurrency backlog plan as a
4580	part of the local government comprehensive plan, and the plan
4581	going into effect, the area subject to the plan shall be deemed
4582	to have achieved and maintained transportation level-of-service
4583	standards, and to have met requirements for financial
4584	feasibility for transportation facilities, and for the purpose
4585	of proposed development transportation concurrency has been
4586	satisfied. Proportionate fair-share mitigation shall be limited
4587	to ensure that a development inside a transportation deficiency
4588	concurrency backlog area is not responsible for the additional
4589	costs of eliminating deficiencies backlogs.
4590	(8)  DISSOLUTION.-Upon completion of all transportation
4591	concurrency backlog projects identified in the transportation
4592	sufficiency plan and repayment or defeasance of all debt issued
4593	to finance or refinance such projects, a transportation
4594	development concurrency backlog authority shall be dissolved,
4595	and its assets and liabilities transferred to the county or
4596	municipality within which the authority is located. All
4597	remaining assets of the authority must be used for
4598	implementation of transportation projects within the
4599	jurisdiction of the authority. The local government
4600	comprehensive plan shall be amended to remove the transportation
4601	concurrency backlog plan.
4602	Section 17.  Section 163.3184, Florida Statutes, is amended
4603	to read:
4604	163.3184  Process for adoption of comprehensive plan or
4605	plan amendment.-
4606	(1)  DEFINITIONS.-As used in this section, the term:
4607	(a)  "Affected person" includes the affected local
4608	government; persons owning property, residing, or owning or
4609	operating a business within the boundaries of the local
4610	government whose plan is the subject of the review; owners of
4611	real property abutting real property that is the subject of a
4612	proposed change to a future land use map; and adjoining local
4613	governments that can demonstrate that the plan or plan amendment
4614	will produce substantial impacts on the increased need for
4615	publicly funded infrastructure or substantial impacts on areas
4616	designated for protection or special treatment within their
4617	jurisdiction. Each person, other than an adjoining local
4618	government, in order to qualify under this definition, shall
4619	also have submitted oral or written comments, recommendations,
4620	or objections to the local government during the period of time
4621	beginning with the transmittal hearing for the plan or plan
4622	amendment and ending with the adoption of the plan or plan
4623	amendment.
4624	(b)  "In compliance" means consistent with the requirements
4625	of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4626	163.3248 with the state comprehensive plan, with the appropriate
4627	strategic regional policy plan, and with chapter 9J-5, Florida
4628	Administrative Code, where such rule is not inconsistent with
4629	this part and with the principles for guiding development in
4630	designated areas of critical state concern and with part III of
4631	chapter 369, where applicable.
4632	(c)  "Reviewing agencies" means:
4633	1.  The state land planning agency;
4634	2.  The appropriate regional planning council;
4635	3.  The appropriate water management district;
4636	4.  The Department of Environmental Protection;
4637	5.  The Department of State;
4638	6.  The Department of Transportation;
4639	7.  In the case of plan amendments relating to public
4640	schools, the Department of Education;
4641	8.  In the case of plans or plan amendments that affect a
4642	military installation listed in s. 163.3175, the commanding
4643	officer of the affected military installation;
4644	9.  In the case of county plans and plan amendments, the
4645	Fish and Wildlife Conservation Commission and the Department of
4646	Agriculture and Consumer Services; and
4647	10.  In the case of municipal plans and plan amendments,
4648	the county in which the municipality is located.
4649	(2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4650	(a)  Plan amendments adopted by local governments shall
4651	follow the expedited state review process in subsection (3),
4652	except as set forth in paragraphs (b) and (c).
4653	(b)  Plan amendments that qualify as small-scale
4654	development amendments may follow the small-scale review process
4655	in s. 163.3187.
4656	(c)  Plan amendments that are in an area of critical state
4657	concern designated pursuant to s. 380.05; propose a rural land
4658	stewardship area pursuant to s. 163.3248; propose a sector plan
4659	pursuant to s. 163.3245; update a comprehensive plan based on an
4660	evaluation and appraisal pursuant to s. 163.3191; or are new
4661	plans for newly incorporated municipalities adopted pursuant to
4662	s. 163.3167 shall follow the state coordinated review process in
4663	subsection (4).
4664	(3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4665	COMPREHENSIVE PLAN AMENDMENTS.-
4666	(a)  The process for amending a comprehensive plan
4667	described in this subsection shall apply to all amendments
4668	except as provided in paragraphs (2)(b) and (c) and shall be
4669	applicable statewide.
4670	(b)1.  The local government, after the initial public
4671	hearing held pursuant to subsection (11), shall transmit within
4672	10 days the amendment or amendments and appropriate supporting
4673	data and analyses to the reviewing agencies. The local governing
4674	body shall also transmit a copy of the amendments and supporting
4675	data and analyses to any other local government or governmental
4676	agency that has filed a written request with the governing body.
4677	2.  The reviewing agencies and any other local government
4678	or governmental agency specified in subparagraph 1. may provide
4679	comments regarding the amendment or amendments to the local
4680	government. State agencies shall only comment on important state
4681	resources and facilities that will be adversely impacted by the
4682	amendment if adopted. Comments provided by state agencies shall
4683	state with specificity how the plan amendment will adversely
4684	impact an important state resource or facility and shall
4685	identify measures the local government may take to eliminate,
4686	reduce, or mitigate the adverse impacts. Such comments, if not
4687	resolved, may result in a challenge by the state land planning
4688	agency to the plan amendment. Agencies and local governments
4689	must transmit their comments to the affected local government
4690	such that they are received by the local government not later
4691	than 30 days from the date on which the agency or government
4692	received the amendment or amendments. Reviewing agencies shall
4693	also send a copy of their comments to the state land planning
4694	agency.
4695	3.  Comments to the local government from a regional
4696	planning council, county, or municipality shall be limited as
4697	follows:
4698	a.  The regional planning council review and comments shall
4699	be limited to adverse effects on regional resources or
4700	facilities identified in the strategic regional policy plan and
4701	extrajurisdictional impacts that would be inconsistent with the
4702	comprehensive plan of any affected local government within the
4703	region. A regional planning council may not review and comment
4704	on a proposed comprehensive plan amendment prepared by such
4705	council unless the plan amendment has been changed by the local
4706	government subsequent to the preparation of the plan amendment
4707	by the regional planning council.
4708	b.  County comments shall be in the context of the
4709	relationship and effect of the proposed plan amendments on the
4710	county plan.
4711	c.  Municipal comments shall be in the context of the
4712	relationship and effect of the proposed plan amendments on the
4713	municipal plan.
4714	d. Military installation comments shall be provided in
4715	accordance with s. 163.3175.
4716	4.  Comments to the local government from state agencies
4717	shall be limited to the following subjects as they relate to
4718	important state resources and facilities that will be adversely
4719	impacted by the amendment if adopted:
4720	a.  The Department of Environmental Protection shall limit
4721	its comments to the subjects of air and water pollution;
4722	wetlands and other surface waters of the state; federal and
4723	state-owned lands and interest in lands, including state parks,
4724	greenways and trails, and conservation easements; solid waste;
4725	water and wastewater treatment; and the Everglades ecosystem
4726	restoration.
4727	b.  The Department of State shall limit its comments to the
4728	subjects of historic and archeological resources.
4729	c.  The Department of Transportation shall limit its
4730	comments to issues within the agency's jurisdiction as it
4731	relates to transportation resources and facilities of state
4732	importance.
4733	d.  The Fish and Wildlife Conservation Commission shall
4734	limit its comments to subjects relating to fish and wildlife
4735	habitat and listed species and their habitat.
4736	e.  The Department of Agriculture and Consumer Services
4737	shall limit its comments to the subjects of agriculture,
4738	forestry, and aquaculture issues.
4739	f.  The Department of Education shall limit its comments to
4740	the subject of public school facilities.
4741	g.  The appropriate water management district shall limit
4742	its comments to flood protection and floodplain management,
4743	wetlands and other surface waters, and regional water supply.
4744	h.  The state land planning agency shall limit its comments
4745	to important state resources and facilities outside the
4746	jurisdiction of other commenting state agencies and may include
4747	comments on countervailing planning policies and objectives
4748	served by the plan amendment that should be balanced against
4749	potential adverse impacts to important state resources and
4750	facilities.
4751	(c)1.  The local government shall hold its second public
4752	hearing, which shall be a hearing on whether to adopt one or
4753	more comprehensive plan amendments pursuant to subsection (11).
4754	If the local government fails, within 180 days after receipt of
4755	agency comments, to hold the second public hearing, the
4756	amendments shall be deemed withdrawn unless extended by
4757	agreement with notice to the state land planning agency and any
4758	affected person that provided comments on the amendment. The
4759	180-day limitation does not apply to amendments processed
4760	pursuant to s. 380.06.
4761	2.  All comprehensive plan amendments adopted by the
4762	governing body, along with the supporting data and analysis,
4763	shall be transmitted within 10 days after the second public
4764	hearing to the state land planning agency and any other agency
4765	or local government that provided timely comments under
4766	subparagraph (b)2.
4767	3.  The state land planning agency shall notify the local
4768	government of any deficiencies within 5 working days after
4769	receipt of an amendment package. For purposes of completeness,
4770	an amendment shall be deemed complete if it contains a full,
4771	executed copy of the adoption ordinance or ordinances; in the
4772	case of a text amendment, a full copy of the amended language in
4773	legislative format with new words inserted in the text
4774	underlined, and words deleted stricken with hyphens; in the case
4775	of a future land use map amendment, a copy of the future land
4776	use map clearly depicting the parcel, its existing future land
4777	use designation, and its adopted designation; and a copy of any
4778	data and analyses the local government deems appropriate.
4779	4.  An amendment adopted under this paragraph does not
4780	become effective until 31 days after the state land planning
4781	agency notifies the local government that the plan amendment
4782	package is complete. If timely challenged, an amendment does not
4783	become effective until the state land planning agency or the
4784	Administration Commission enters a final order determining the
4785	adopted amendment to be in compliance.
4786	(4)  STATE COORDINATED REVIEW PROCESS.-
4787	(a)(2)  Coordination.-The state land planning agency shall
4788	only use the state coordinated review process described in this
4789	subsection for review of comprehensive plans and plan amendments
4790	described in paragraph (2)(c). Each comprehensive plan or plan
4791	amendment proposed to be adopted pursuant to this subsection
4792	part shall be transmitted, adopted, and reviewed in the manner
4793	prescribed in this subsection section. The state land planning
4794	agency shall have responsibility for plan review, coordination,
4795	and the preparation and transmission of comments, pursuant to
4796	this subsection section, to the local governing body responsible
4797	for the comprehensive plan or plan amendment. The state land
4798	planning agency shall maintain a single file concerning any
4799	proposed or adopted plan amendment submitted by a local
4800	government for any review under this section. Copies of all
4801	correspondence, papers, notes, memoranda, and other documents
4802	received or generated by the state land planning agency must be
4803	placed in the appropriate file. Paper copies of all electronic
4804	mail correspondence must be placed in the file. The file and its
4805	contents must be available for public inspection and copying as
4806	provided in chapter 119.
4807	(b)(3)  Local government transmittal of proposed plan or
4808	amendment.-
4809	(a)  Each local governing body proposing a plan or plan
4810	amendment specified in paragraph (2)(c) shall transmit the
4811	complete proposed comprehensive plan or plan amendment to the
4812	reviewing agencies state land planning agency, the appropriate
4813	regional planning council and water management district, the
4814	Department of Environmental Protection, the Department of State,
4815	and the Department of Transportation, and, in the case of
4816	municipal plans, to the appropriate county, and, in the case of
4817	county plans, to the Fish and Wildlife Conservation Commission
4818	and the Department of Agriculture and Consumer Services,
4819	immediately following the first a public hearing pursuant to
4820	subsection (11). The transmitted document shall clearly indicate
4821	on the cover sheet that this plan amendment is subject to the
4822	state coordinated review process of s. 163.3184(4)(15) as
4823	specified in the state land planning agency's procedural rules.
4824	The local governing body shall also transmit a copy of the
4825	complete proposed comprehensive plan or plan amendment to any
4826	other unit of local government or government agency in the state
4827	that has filed a written request with the governing body for the
4828	plan or plan amendment. The local government may request a
4829	review by the state land planning agency pursuant to subsection
4830	(6) at the time of the transmittal of an amendment.
4831	(b)  A local governing body shall not transmit portions of
4832	a plan or plan amendment unless it has previously provided to
4833	all state agencies designated by the state land planning agency
4834	a complete copy of its adopted comprehensive plan pursuant to
4835	subsection (7) and as specified in the agency's procedural
4836	rules. In the case of comprehensive plan amendments, the local
4837	governing body shall transmit to the state land planning agency,
4838	the appropriate regional planning council and water management
4839	district, the Department of Environmental Protection, the
4840	Department of State, and the Department of Transportation, and,
4841	in the case of municipal plans, to the appropriate county and,
4842	in the case of county plans, to the Fish and Wildlife
4843	Conservation Commission and the Department of Agriculture and
4844	Consumer Services the materials specified in the state land
4845	planning agency's procedural rules and, in cases in which the
4846	plan amendment is a result of an evaluation and appraisal report
4847	adopted pursuant to s. 163.3191, a copy of the evaluation and
4848	appraisal report. Local governing bodies shall consolidate all
4849	proposed plan amendments into a single submission for each of
4850	the two plan amendment adoption dates during the calendar year
4851	pursuant to s. 163.3187.
4852	(c)  A local government may adopt a proposed plan amendment
4853	previously transmitted pursuant to this subsection, unless
4854	review is requested or otherwise initiated pursuant to
4855	subsection (6).
4856	(d)  In cases in which a local government transmits
4857	multiple individual amendments that can be clearly and legally
4858	separated and distinguished for the purpose of determining
4859	whether to review the proposed amendment, and the state land
4860	planning agency elects to review several or a portion of the
4861	amendments and the local government chooses to immediately adopt
4862	the remaining amendments not reviewed, the amendments
4863	immediately adopted and any reviewed amendments that the local
4864	government subsequently adopts together constitute one amendment
4865	cycle in accordance with s. 163.3187(1).
4866	(e)  At the request of an applicant, a local government
4867	shall consider an application for zoning changes that would be
4868	required to properly enact the provisions of any proposed plan
4869	amendment transmitted pursuant to this subsection. Zoning
4870	changes approved by the local government are contingent upon the
4871	comprehensive plan or plan amendment transmitted becoming
4872	effective.
4873	(c)(4)  Reviewing agency comments INTERGOVERNMENTAL
4874	REVIEW.-The governmental agencies specified in paragraph (b) may
4875	paragraph (3)(a) shall provide comments regarding the plan or
4876	plan amendments in accordance with subparagraphs (3)(b)2.-4.
4877	However, comments on plans or plan amendments required to be
4878	reviewed under the state coordinated review process shall be
4879	sent to the state land planning agency within 30 days after
4880	receipt by the state land planning agency of the complete
4881	proposed plan or plan amendment from the local government. If
4882	the state land planning agency comments on a plan or plan
4883	amendment adopted under the state coordinated review process, it
4884	shall provide comments according to paragraph (d). Any other
4885	unit of local government or government agency specified in
4886	paragraph (b) may provide comments to the state land planning
4887	agency in accordance with subparagraphs (3)(b)2.-4. within 30
4888	days after receipt by the state land planning agency of the
4889	complete proposed plan or plan amendment. If the plan or plan
4890	amendment includes or relates to the public school facilities
4891	element pursuant to s. 163.3177(12), the state land planning
4892	agency shall submit a copy to the Office of Educational
4893	Facilities of the Commissioner of Education for review and
4894	comment. The appropriate regional planning council shall also
4895	provide its written comments to the state land planning agency
4896	within 30 days after receipt by the state land planning agency
4897	of the complete proposed plan amendment and shall specify any
4898	objections, recommendations for modifications, and comments of
4899	any other regional agencies to which the regional planning
4900	council may have referred the proposed plan amendment. Written
4901	comments submitted by the public shall be sent directly to the
4902	local government within 30 days after notice of transmittal by
4903	the local government of the proposed plan amendment will be
4904	considered as if submitted by governmental agencies. All written
4905	agency and public comments must be made part of the file
4906	maintained under subsection (2).
4907	(5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
4908	the regional planning council pursuant to subsection (4) shall
4909	be limited to effects on regional resources or facilities
4910	identified in the strategic regional policy plan and
4911	extrajurisdictional impacts which would be inconsistent with the
4912	comprehensive plan of the affected local government. However,
4913	any inconsistency between a local plan or plan amendment and a
4914	strategic regional policy plan must not be the sole basis for a
4915	notice of intent to find a local plan or plan amendment not in
4916	compliance with this act. A regional planning council shall not
4917	review and comment on a proposed comprehensive plan it prepared
4918	itself unless the plan has been changed by the local government
4919	subsequent to the preparation of the plan by the regional
4920	planning agency. The review of the county land planning agency
4921	pursuant to subsection (4) shall be primarily in the context of
4922	the relationship and effect of the proposed plan amendment on
4923	any county comprehensive plan element. Any review by
4924	municipalities will be primarily in the context of the
4925	relationship and effect on the municipal plan.
4926	(d)(6)  State land planning agency review.-
4927	(a)  The state land planning agency shall review a proposed
4928	plan amendment upon request of a regional planning council,
4929	affected person, or local government transmitting the plan
4930	amendment. The request from the regional planning council or
4931	affected person must be received within 30 days after
4932	transmittal of the proposed plan amendment pursuant to
4933	subsection (3). A regional planning council or affected person
4934	requesting a review shall do so by submitting a written request
4935	to the agency with a notice of the request to the local
4936	government and any other person who has requested notice.
4937	(b)  The state land planning agency may review any proposed
4938	plan amendment regardless of whether a request for review has
4939	been made, if the agency gives notice to the local government,
4940	and any other person who has requested notice, of its intention
4941	to conduct such a review within 35 days after receipt of the
4942	complete proposed plan amendment.
4943	1.(c)  The state land planning agency shall establish by
4944	rule a schedule for receipt of comments from the various
4945	government agencies, as well as written public comments,
4946	pursuant to subsection (4). If the state land planning agency
4947	elects to review a plan or plan the amendment or the agency is
4948	required to review the amendment as specified in paragraph
4949	(2)(c)(a), the agency shall issue a report giving its
4950	objections, recommendations, and comments regarding the proposed
4951	plan or plan amendment within 60 days after receipt of the
4952	complete proposed plan or plan amendment by the state land
4953	planning agency. Notwithstanding the limitation on comments in
4954	sub-subparagraph (3)(b)4.g., the state land planning agency may
4955	make objections, recommendations, and comments in its report
4956	regarding whether the plan or plan amendment is in compliance
4957	and whether the plan or plan amendment will adversely impact
4958	important state resources and facilities. Any objection
4959	regarding an important state resource or facility that will be
4960	adversely impacted by the adopted plan or plan amendment shall
4961	also state with specificity how the plan or plan amendment will
4962	adversely impact the important state resource or facility and
4963	shall identify measures the local government may take to
4964	eliminate, reduce, or mitigate the adverse impacts. When a
4965	federal, state, or regional agency has implemented a permitting
4966	program, the state land planning agency shall not require a
4967	local government is not required to duplicate or exceed that
4968	permitting program in its comprehensive plan or to implement
4969	such a permitting program in its land development regulations.
4970	This subparagraph does not Nothing contained herein shall
4971	prohibit the state land planning agency in conducting its review
4972	of local plans or plan amendments from making objections,
4973	recommendations, and comments or making compliance
4974	determinations regarding densities and intensities consistent
4975	with the provisions of this part. In preparing its comments, the
4976	state land planning agency shall only base its considerations on
4977	written, and not oral, comments, from any source.
4978	2.(d)  The state land planning agency review shall identify
4979	all written communications with the agency regarding the
4980	proposed plan amendment. If the state land planning agency does
4981	not issue such a review, it shall identify in writing to the
4982	local government all written communications received 30 days
4983	after transmittal. The written identification must include a
4984	list of all documents received or generated by the agency, which
4985	list must be of sufficient specificity to enable the documents
4986	to be identified and copies requested, if desired, and the name
4987	of the person to be contacted to request copies of any
4988	identified document. The list of documents must be made a part
4989	of the public records of the state land planning agency.
4990	(e)(7)  Local government review of comments; adoption of
4991	plan or amendments and transmittal.-
4992	1.(a)  The local government shall review the report written
4993	comments submitted to it by the state land planning agency, if
4994	any, and written comments submitted to it by any other person,
4995	agency, or government. Any comments, recommendations, or
4996	objections and any reply to them shall be public documents, a
4997	part of the permanent record in the matter, and admissible in
4998	any proceeding in which the comprehensive plan or plan amendment
4999	may be at issue. The local government, upon receipt of the
5000	report written comments from the state land planning agency,
5001	shall hold its second public hearing, which shall be a hearing
5002	to determine whether to adopt the comprehensive plan or one or
5003	more comprehensive plan amendments pursuant to subsection (11).
5004	If the local government fails to hold the second hearing within
5005	180 days after receipt of the state land planning agency's
5006	report, the amendments shall be deemed withdrawn unless extended
5007	by agreement with notice to the state land planning agency and
5008	any affected person that provided comments on the amendment. The
5009	180-day limitation does not apply to amendments processed
5010	pursuant to s. 380.06.
5011	2.  All comprehensive plan amendments adopted by the
5012	governing body, along with the supporting data and analysis,
5013	shall be transmitted within 10 days after the second public
5014	hearing to the state land planning agency and any other agency
5015	or local government that provided timely comments under
5016	paragraph (c).
5017	3.  The state land planning agency shall notify the local
5018	government of any deficiencies within 5 working days after
5019	receipt of a plan or plan amendment package. For purposes of
5020	completeness, a plan or plan amendment shall be deemed complete
5021	if it contains a full, executed copy of the adoption ordinance
5022	or ordinances; in the case of a text amendment, a full copy of
5023	the amended language in legislative format with new words
5024	inserted in the text underlined, and words deleted stricken with
5025	hyphens; in the case of a future land use map amendment, a copy
5026	of the future land use map clearly depicting the parcel, its
5027	existing future land use designation, and its adopted
5028	designation; and a copy of any data and analyses the local
5029	government deems appropriate.
5030	4.  After the state land planning agency makes a
5031	determination of completeness regarding the adopted plan or plan
5032	amendment, the state land planning agency shall have 45 days to
5033	determine if the plan or plan amendment is in compliance with
5034	this act. Unless the plan or plan amendment is substantially
5035	changed from the one commented on, the state land planning
5036	agency's compliance determination shall be limited to objections
5037	raised in the objections, recommendations, and comments report.
5038	During the period provided for in this subparagraph, the state
5039	land planning agency shall issue, through a senior administrator
5040	or the secretary, a notice of intent to find that the plan or
5041	plan amendment is in compliance or not in compliance. The state
5042	land planning agency shall post a copy of the notice of intent
5043	on the agency's Internet website. Publication by the state land
5044	planning agency of the notice of intent on the state land
5045	planning agency's Internet site shall be prima facie evidence of
5046	compliance with the publication requirements of this
5047	subparagraph.
5048	5.  A plan or plan amendment adopted under the state
5049	coordinated review process shall go into effect pursuant to the
5050	state land planning agency's notice of intent. If timely
5051	challenged, an amendment does not become effective until the
5052	state land planning agency or the Administration Commission
5053	enters a final order determining the adopted amendment to be in
5054	compliance.
5055	(5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5056	AMENDMENTS.-
5057	(a)  Any affected person as defined in paragraph (1)(a) may
5058	file a petition with the Division of Administrative Hearings
5059	pursuant to ss. 120.569 and 120.57, with a copy served on the
5060	affected local government, to request a formal hearing to
5061	challenge whether the plan or plan amendments are in compliance
5062	as defined in paragraph (1)(b). This petition must be filed with
5063	the division within 30 days after the local government adopts
5064	the amendment. The state land planning agency may not intervene
5065	in a proceeding initiated by an affected person.
5066	(b)  The state land planning agency may file a petition
5067	with the Division of Administrative Hearings pursuant to ss.
5068	120.569 and 120.57, with a copy served on the affected local
5069	government, to request a formal hearing to challenge whether the
5070	plan or plan amendment is in compliance as defined in paragraph
5071	(1)(b). The state land planning agency's petition must clearly
5072	state the reasons for the challenge. Under the expedited state
5073	review process, this petition must be filed with the division
5074	within 30 days after the state land planning agency notifies the
5075	local government that the plan amendment package is complete
5076	according to subparagraph (3)(c)3. Under the state coordinated
5077	review process, this petition must be filed with the division
5078	within 45 days after the state land planning agency notifies the
5079	local government that the plan amendment package is complete
5080	according to subparagraph (3)(c)3.
5081	1.  The state land planning agency's challenge to plan
5082	amendments adopted under the expedited state review process
5083	shall be limited to the comments provided by the reviewing
5084	agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5085	determination by the state land planning agency that an
5086	important state resource or facility will be adversely impacted
5087	by the adopted plan amendment. The state land planning agency's
5088	petition shall state with specificity how the plan amendment
5089	will adversely impact the important state resource or facility.
5090	The state land planning agency may challenge a plan amendment
5091	that has substantially changed from the version on which the
5092	agencies provided comments but only upon a determination by the
5093	state land planning agency that an important state resource or
5094	facility will be adversely impacted.
5095	2.  If the state land planning agency issues a notice of
5096	intent to find the comprehensive plan or plan amendment not in
5097	compliance with this act, the notice of intent shall be
5098	forwarded to the Division of Administrative Hearings of the
5099	Department of Management Services, which shall conduct a
5100	proceeding under ss. 120.569 and 120.57 in the county of and
5101	convenient to the affected local jurisdiction. The parties to
5102	the proceeding shall be the state land planning agency, the
5103	affected local government, and any affected person who
5104	intervenes. No new issue may be alleged as a reason to find a
5105	plan or plan amendment not in compliance in an administrative
5106	pleading filed more than 21 days after publication of notice
5107	unless the party seeking that issue establishes good cause for
5108	not alleging the issue within that time period. Good cause does
5109	not include excusable neglect.
5110	(c)  An administrative law judge shall hold a hearing in
5111	the affected local jurisdiction on whether the plan or plan
5112	amendment is in compliance.
5113	1.  In challenges filed by an affected person, the
5114	comprehensive plan or plan amendment shall be determined to be
5115	in compliance if the local government's determination of
5116	compliance is fairly debatable.
5117	2.a.  In challenges filed by the state land planning
5118	agency, the local government's determination that the
5119	comprehensive plan or plan amendment is in compliance is
5120	presumed to be correct, and the local government's determination
5121	shall be sustained unless it is shown by a preponderance of the
5122	evidence that the comprehensive plan or plan amendment is not in
5123	compliance.
5124	b.  In challenges filed by the state land planning agency,
5125	the local government's determination that elements of its plan
5126	are related to and consistent with each other shall be sustained
5127	if the determination is fairly debatable.
5128	3.  In challenges filed by the state land planning agency
5129	that require a determination by the agency that an important
5130	state resource or facility will be adversely impacted by the
5131	adopted plan or plan amendment, the local government may contest
5132	the agency's determination of an important state resource or
5133	facility. The state land planning agency shall prove its
5134	determination by clear and convincing evidence.
5135	(d)  If the administrative law judge recommends that the
5136	amendment be found not in compliance, the judge shall submit the
5137	recommended order to the Administration Commission for final
5138	agency action. The Administration Commission shall enter a final
5139	order within 45 days after its receipt of the recommended order.
5140	(e)  If the administrative law judge recommends that the
5141	amendment be found in compliance, the judge shall submit the
5142	recommended order to the state land planning agency.
5143	1.  If the state land planning agency determines that the
5144	plan amendment should be found not in compliance, the agency
5145	shall refer, within 30 days after receipt of the recommended
5146	order, the recommended order and its determination to the
5147	Administration Commission for final agency action.
5148	2.  If the state land planning agency determines that the
5149	plan amendment should be found in compliance, the agency shall
5150	enter its final order not later than 30 days after receipt of
5151	the recommended order.
5152	(f)  Parties to a proceeding under this subsection may
5153	enter into compliance agreements using the process in subsection
5154	(6).
5155	(6)  COMPLIANCE AGREEMENT.-
5156	(a)  At any time after the filing of a challenge, the state
5157	land planning agency and the local government may voluntarily
5158	enter into a compliance agreement to resolve one or more of the
5159	issues raised in the proceedings. Affected persons who have
5160	initiated a formal proceeding or have intervened in a formal
5161	proceeding may also enter into a compliance agreement with the
5162	local government. All parties granted intervenor status shall be
5163	provided reasonable notice of the commencement of a compliance
5164	agreement negotiation process and a reasonable opportunity to
5165	participate in such negotiation process. Negotiation meetings
5166	with local governments or intervenors shall be open to the
5167	public. The state land planning agency shall provide each party
5168	granted intervenor status with a copy of the compliance
5169	agreement within 10 days after the agreement is executed. The
5170	compliance agreement shall list each portion of the plan or plan
5171	amendment that has been challenged, and shall specify remedial
5172	actions that the local government has agreed to complete within
5173	a specified time in order to resolve the challenge, including
5174	adoption of all necessary plan amendments. The compliance
5175	agreement may also establish monitoring requirements and
5176	incentives to ensure that the conditions of the compliance
5177	agreement are met.
5178	(b)  Upon the filing of a compliance agreement executed by
5179	the parties to a challenge and the local government with the
5180	Division of Administrative Hearings, any administrative
5181	proceeding under ss. 120.569 and 120.57 regarding the plan or
5182	plan amendment covered by the compliance agreement shall be
5183	stayed.
5184	(c)  Before its execution of a compliance agreement, the
5185	local government must approve the compliance agreement at a
5186	public hearing advertised at least 10 days before the public
5187	hearing in a newspaper of general circulation in the area in
5188	accordance with the advertisement requirements of chapter 125 or
5189	chapter 166, as applicable.
5190	(d)  The local government shall hold a single public
5191	hearing for adopting remedial amendments.
5192	(e)  For challenges to amendments adopted under the
5193	expedited review process, if the local government adopts a
5194	comprehensive plan amendment pursuant to a compliance agreement,
5195	an affected person or the state land planning agency may file a
5196	revised challenge with the Division of Administrative Hearings
5197	within 15 days after the adoption of the remedial amendment.
5198	(f)  For challenges to amendments adopted under the state
5199	coordinated process, the state land planning agency, upon
5200	receipt of a plan or plan amendment adopted pursuant to a
5201	compliance agreement, shall issue a cumulative notice of intent
5202	addressing both the remedial amendment and the plan or plan
5203	amendment that was the subject of the agreement.
5204	1.  If the local government adopts a comprehensive plan or
5205	plan amendment pursuant to a compliance agreement and a notice
5206	of intent to find the plan amendment in compliance is issued,
5207	the state land planning agency shall forward the notice of
5208	intent to the Division of Administrative Hearings and the
5209	administrative law judge shall realign the parties in the
5210	pending proceeding under ss. 120.569 and 120.57, which shall
5211	thereafter be governed by the process contained in paragraph
5212	(5)(a) and subparagraph (5)(c)1., including provisions relating
5213	to challenges by an affected person, burden of proof, and issues
5214	of a recommended order and a final order. Parties to the
5215	original proceeding at the time of realignment may continue as
5216	parties without being required to file additional pleadings to
5217	initiate a proceeding, but may timely amend their pleadings to
5218	raise any challenge to the amendment that is the subject of the
5219	cumulative notice of intent, and must otherwise conform to the
5220	rules of procedure of the Division of Administrative Hearings.
5221	Any affected person not a party to the realigned proceeding may
5222	challenge the plan amendment that is the subject of the
5223	cumulative notice of intent by filing a petition with the agency
5224	as provided in subsection (5). The agency shall forward the
5225	petition filed by the affected person not a party to the
5226	realigned proceeding to the Division of Administrative Hearings
5227	for consolidation with the realigned proceeding. If the
5228	cumulative notice of intent is not challenged, the state land
5229	planning agency shall request that the Division of
5230	Administrative Hearings relinquish jurisdiction to the state
5231	land planning agency for issuance of a final order.
5232	2.  If the local government adopts a comprehensive plan
5233	amendment pursuant to a compliance agreement and a notice of
5234	intent is issued that finds the plan amendment not in
5235	compliance, the state land planning agency shall forward the
5236	notice of intent to the Division of Administrative Hearings,
5237	which shall consolidate the proceeding with the pending
5238	proceeding and immediately set a date for a hearing in the
5239	pending proceeding under ss. 120.569 and 120.57. Affected
5240	persons who are not a party to the underlying proceeding under
5241	ss. 120.569 and 120.57 may challenge the plan amendment adopted
5242	pursuant to the compliance agreement by filing a petition
5243	pursuant to paragraph (5)(a).
5244	(g)  This subsection does not prohibit a local government
5245	from amending portions of its comprehensive plan other than
5246	those that are the subject of a challenge. However, such
5247	amendments to the plan may not be inconsistent with the
5248	compliance agreement.
5249	(h)  This subsection does not require settlement by any
5250	party against its will or preclude the use of other informal
5251	dispute resolution methods in the course of or in addition to
5252	the method described in this subsection.
5253	(7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5254	(a)  At any time after the matter has been forwarded to the
5255	Division of Administrative Hearings, the local government
5256	proposing the amendment may demand formal mediation or the local
5257	government proposing the amendment or an affected person who is
5258	a party to the proceeding may demand informal mediation or
5259	expeditious resolution of the amendment proceedings by serving
5260	written notice on the state land planning agency if a party to
5261	the proceeding, all other parties to the proceeding, and the
5262	administrative law judge.
5263	(b)  Upon receipt of a notice pursuant to paragraph (a),
5264	the administrative law judge shall set the matter for final
5265	hearing no more than 30 days after receipt of the notice. Once a
5266	final hearing has been set, no continuance in the hearing, and
5267	no additional time for post-hearing submittals, may be granted
5268	without the written agreement of the parties absent a finding by
5269	the administrative law judge of extraordinary circumstances.
5270	Extraordinary circumstances do not include matters relating to
5271	workload or need for additional time for preparation,
5272	negotiation, or mediation.
5273	(c)  Absent a showing of extraordinary circumstances, the
5274	administrative law judge shall issue a recommended order, in a
5275	case proceeding under subsection (5), within 30 days after
5276	filing of the transcript, unless the parties agree in writing to
5277	a longer time.
5278	(d)  Absent a showing of extraordinary circumstances, the
5279	Administration Commission shall issue a final order, in a case
5280	proceeding under subsection (5), within 45 days after the
5281	issuance of the recommended order, unless the parties agree in
5282	writing to a longer time. have 120 days to adopt or adopt with
5283	changes the proposed comprehensive plan or s. 163.3191 plan
5284	amendments. In the case of comprehensive plan amendments other
5285	than those proposed pursuant to s. 163.3191, the local
5286	government shall have 60 days to adopt the amendment, adopt the
5287	amendment with changes, or determine that it will not adopt the
5288	amendment. The adoption of the proposed plan or plan amendment
5289	or the determination not to adopt a plan amendment, other than a
5290	plan amendment proposed pursuant to s. 163.3191, shall be made
5291	in the course of a public hearing pursuant to subsection (15).
5292	The local government shall transmit the complete adopted
5293	comprehensive plan or plan amendment, including the names and
5294	addresses of persons compiled pursuant to paragraph (15)(c), to
5295	the state land planning agency as specified in the agency's
5296	procedural rules within 10 working days after adoption. The
5297	local governing body shall also transmit a copy of the adopted
5298	comprehensive plan or plan amendment to the regional planning
5299	agency and to any other unit of local government or governmental
5300	agency in the state that has filed a written request with the
5301	governing body for a copy of the plan or plan amendment.
5302	(b)  If the adopted plan amendment is unchanged from the
5303	proposed plan amendment transmitted pursuant to subsection (3)
5304	and an affected person as defined in paragraph (1)(a) did not
5305	raise any objection, the state land planning agency did not
5306	review the proposed plan amendment, and the state land planning
5307	agency did not raise any objections during its review pursuant
5308	to subsection (6), the local government may state in the
5309	transmittal letter that the plan amendment is unchanged and was
5310	not the subject of objections.
5311	(8)  NOTICE OF INTENT.-
5312	(a)  If the transmittal letter correctly states that the
5313	plan amendment is unchanged and was not the subject of review or
5314	objections pursuant to paragraph (7)(b), the state land planning
5315	agency has 20 days after receipt of the transmittal letter
5316	within which to issue a notice of intent that the plan amendment
5317	is in compliance.
5318	(b)  Except as provided in paragraph (a) or in s.
5319	163.3187(3), the state land planning agency, upon receipt of a
5320	local government's complete adopted comprehensive plan or plan
5321	amendment, shall have 45 days for review and to determine if the
5322	plan or plan amendment is in compliance with this act, unless
5323	the amendment is the result of a compliance agreement entered
5324	into under subsection (16), in which case the time period for
5325	review and determination shall be 30 days. If review was not
5326	conducted under subsection (6), the agency's determination must
5327	be based upon the plan amendment as adopted. If review was
5328	conducted under subsection (6), the agency's determination of
5329	compliance must be based only upon one or both of the following:
5330	1.  The state land planning agency's written comments to
5331	the local government pursuant to subsection (6); or
5332	2.  Any changes made by the local government to the
5333	comprehensive plan or plan amendment as adopted.
5334	(c)1.  During the time period provided for in this
5335	subsection, the state land planning agency shall issue, through
5336	a senior administrator or the secretary, as specified in the
5337	agency's procedural rules, a notice of intent to find that the
5338	plan or plan amendment is in compliance or not in compliance. A
5339	notice of intent shall be issued by publication in the manner
5340	provided by this paragraph and by mailing a copy to the local
5341	government. The advertisement shall be placed in that portion of
5342	the newspaper where legal notices appear. The advertisement
5343	shall be published in a newspaper that meets the size and
5344	circulation requirements set forth in paragraph (15)(e) and that
5345	has been designated in writing by the affected local government
5346	at the time of transmittal of the amendment. Publication by the
5347	state land planning agency of a notice of intent in the
5348	newspaper designated by the local government shall be prima
5349	facie evidence of compliance with the publication requirements
5350	of this section. The state land planning agency shall post a
5351	copy of the notice of intent on the agency's Internet site. The
5352	agency shall, no later than the date the notice of intent is
5353	transmitted to the newspaper, send by regular mail a courtesy
5354	informational statement to persons who provide their names and
5355	addresses to the local government at the transmittal hearing or
5356	at the adoption hearing where the local government has provided
5357	the names and addresses of such persons to the department at the
5358	time of transmittal of the adopted amendment. The informational
5359	statements shall include the name of the newspaper in which the
5360	notice of intent will appear, the approximate date of
5361	publication, the ordinance number of the plan or plan amendment,
5362	and a statement that affected persons have 21 days after the
5363	actual date of publication of the notice to file a petition.
5364	2.  A local government that has an Internet site shall post
5365	a copy of the state land planning agency's notice of intent on
5366	the site within 5 days after receipt of the mailed copy of the
5367	agency's notice of intent.
5368	(9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5369	(a)  If the state land planning agency issues a notice of
5370	intent to find that the comprehensive plan or plan amendment
5371	transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5372	or s. 163.3191 is in compliance with this act, any affected
5373	person may file a petition with the agency pursuant to ss.
5374	120.569 and 120.57 within 21 days after the publication of
5375	notice. In this proceeding, the local plan or plan amendment
5376	shall be determined to be in compliance if the local
5377	government's determination of compliance is fairly debatable.
5378	(b)  The hearing shall be conducted by an administrative
5379	law judge of the Division of Administrative Hearings of the
5380	Department of Management Services, who shall hold the hearing in
5381	the county of and convenient to the affected local jurisdiction
5382	and submit a recommended order to the state land planning
5383	agency. The state land planning agency shall allow for the
5384	filing of exceptions to the recommended order and shall issue a
5385	final order after receipt of the recommended order if the state
5386	land planning agency determines that the plan or plan amendment
5387	is in compliance. If the state land planning agency determines
5388	that the plan or plan amendment is not in compliance, the agency
5389	shall submit the recommended order to the Administration
5390	Commission for final agency action.
5391	(10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5392	COMPLIANCE.-
5393	(a)  If the state land planning agency issues a notice of
5394	intent to find the comprehensive plan or plan amendment not in
5395	compliance with this act, the notice of intent shall be
5396	forwarded to the Division of Administrative Hearings of the
5397	Department of Management Services, which shall conduct a
5398	proceeding under ss. 120.569 and 120.57 in the county of and
5399	convenient to the affected local jurisdiction. The parties to
5400	the proceeding shall be the state land planning agency, the
5401	affected local government, and any affected person who
5402	intervenes. No new issue may be alleged as a reason to find a
5403	plan or plan amendment not in compliance in an administrative
5404	pleading filed more than 21 days after publication of notice
5405	unless the party seeking that issue establishes good cause for
5406	not alleging the issue within that time period. Good cause shall
5407	not include excusable neglect. In the proceeding, the local
5408	government's determination that the comprehensive plan or plan
5409	amendment is in compliance is presumed to be correct. The local
5410	government's determination shall be sustained unless it is shown
5411	by a preponderance of the evidence that the comprehensive plan
5412	or plan amendment is not in compliance. The local government's
5413	determination that elements of its plans are related to and
5414	consistent with each other shall be sustained if the
5415	determination is fairly debatable.
5416	(b)  The administrative law judge assigned by the division
5417	shall submit a recommended order to the Administration
5418	Commission for final agency action.
5419	(c)  Prior to the hearing, the state land planning agency
5420	shall afford an opportunity to mediate or otherwise resolve the
5421	dispute. If a party to the proceeding requests mediation or
5422	other alternative dispute resolution, the hearing may not be
5423	held until the state land planning agency advises the
5424	administrative law judge in writing of the results of the
5425	mediation or other alternative dispute resolution. However, the
5426	hearing may not be delayed for longer than 90 days for mediation
5427	or other alternative dispute resolution unless a longer delay is
5428	agreed to by the parties to the proceeding. The costs of the
5429	mediation or other alternative dispute resolution shall be borne
5430	equally by all of the parties to the proceeding.
5431	(8)(11)  ADMINISTRATION COMMISSION.-
5432	(a)  If the Administration Commission, upon a hearing
5433	pursuant to subsection (5)(9) or subsection (10), finds that the
5434	comprehensive plan or plan amendment is not in compliance with
5435	this act, the commission shall specify remedial actions that
5436	which would bring the comprehensive plan or plan amendment into
5437	compliance.
5438	(b)  The commission may specify the sanctions provided in
5439	subparagraphs 1. and 2. to which the local government will be
5440	subject if it elects to make the amendment effective
5441	notwithstanding the determination of noncompliance.
5442	1.  The commission may direct state agencies not to provide
5443	funds to increase the capacity of roads, bridges, or water and
5444	sewer systems within the boundaries of those local governmental
5445	entities which have comprehensive plans or plan elements that
5446	are determined not to be in compliance. The commission order may
5447	also specify that the local government is shall not be eligible
5448	for grants administered under the following programs:
5449	a.1.  The Florida Small Cities Community Development Block
5450	Grant Program, as authorized by ss. 290.0401-290.049.
5451	b.2.  The Florida Recreation Development Assistance
5452	Program, as authorized by chapter 375.
5453	c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5454	218.61 and chapter 212, to the extent not pledged to pay back
5455	bonds.
5456	2.(b)  If the local government is one which is required to
5457	include a coastal management element in its comprehensive plan
5458	pursuant to s. 163.3177(6)(g), the commission order may also
5459	specify that the local government is not eligible for funding
5460	pursuant to s. 161.091. The commission order may also specify
5461	that the fact that the coastal management element has been
5462	determined to be not in compliance shall be a consideration when
5463	the department considers permits under s. 161.053 and when the
5464	Board of Trustees of the Internal Improvement Trust Fund
5465	considers whether to sell, convey any interest in, or lease any
5466	sovereignty lands or submerged lands until the element is
5467	brought into compliance.
5468	3.(c)  The sanctions provided by subparagraphs 1. and 2. do
5469	paragraphs (a) and (b) shall not apply to a local government
5470	regarding any plan amendment, except for plan amendments that
5471	amend plans that have not been finally determined to be in
5472	compliance with this part, and except as provided in paragraph
5473	(b) s. 163.3189(2) or s. 163.3191(11).
5474	(9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5475	party constitutes a certificate that he or she has read the
5476	pleading, motion, or other paper and that, to the best of his or
5477	her knowledge, information, and belief formed after reasonable
5478	inquiry, it is not interposed for any improper purpose, such as
5479	to harass or to cause unnecessary delay, or for economic
5480	advantage, competitive reasons, or frivolous purposes or
5481	needless increase in the cost of litigation. If a pleading,
5482	motion, or other paper is signed in violation of these
5483	requirements, the administrative law judge, upon motion or his
5484	or her own initiative, shall impose upon the person who signed
5485	it, a represented party, or both, an appropriate sanction, which
5486	may include an order to pay to the other party or parties the
5487	amount of reasonable expenses incurred because of the filing of
5488	the pleading, motion, or other paper, including a reasonable
5489	attorney's fee.
5490	(10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5491	section shall be the sole proceeding or action for a
5492	determination of whether a local government's plan, element, or
5493	amendment is in compliance with this act.
5494	(14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5495	government comprehensive plan or plan amendment which is
5496	applicable to a designated area of critical state concern shall
5497	be effective until a final order is issued finding the plan or
5498	amendment to be in compliance as defined in this section.
5499	(11)(15)  PUBLIC HEARINGS.-
5500	(a)  The procedure for transmittal of a complete proposed
5501	comprehensive plan or plan amendment pursuant to subparagraph
5502	subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
5503	comprehensive plan or plan amendment pursuant to
5504	subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5505	affirmative vote of not less than a majority of the members of
5506	the governing body present at the hearing. The adoption of a
5507	comprehensive plan or plan amendment shall be by ordinance. For
5508	the purposes of transmitting or adopting a comprehensive plan or
5509	plan amendment, the notice requirements in chapters 125 and 166
5510	are superseded by this subsection, except as provided in this
5511	part.
5512	(b)  The local governing body shall hold at least two
5513	advertised public hearings on the proposed comprehensive plan or
5514	plan amendment as follows:
5515	1.  The first public hearing shall be held at the
5516	transmittal stage pursuant to subsection (3). It shall be held
5517	on a weekday at least 7 days after the day that the first
5518	advertisement is published pursuant to the requirements of
5519	chapter 125 or chapter 166.
5520	2.  The second public hearing shall be held at the adoption
5521	stage pursuant to subsection (7). It shall be held on a weekday
5522	at least 5 days after the day that the second advertisement is
5523	published pursuant to the requirements of chapter 125 or chapter
5524	166.
5525	(c)  Nothing in this part is intended to prohibit or limit
5526	the authority of local governments to require a person
5527	requesting an amendment to pay some or all of the cost of the
5528	public notice.
5529	(12)  CONCURRENT ZONING.-At the request of an applicant, a
5530	local government shall consider an application for zoning
5531	changes that would be required to properly enact any proposed
5532	plan amendment transmitted pursuant to this subsection. Zoning
5533	changes approved by the local government are contingent upon the
5534	comprehensive plan or plan amendment transmitted becoming
5535	effective.
5536	(13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5537	government comprehensive plan or plan amendment that is
5538	applicable to a designated area of critical state concern shall
5539	be effective until a final order is issued finding the plan or
5540	amendment to be in compliance as defined in paragraph (1)(b).
5541	(c)  The local government shall provide a sign-in form at
5542	the transmittal hearing and at the adoption hearing for persons
5543	to provide their names and mailing addresses. The sign-in form
5544	must advise that any person providing the requested information
5545	will receive a courtesy informational statement concerning
5546	publications of the state land planning agency's notice of
5547	intent. The local government shall add to the sign-in form the
5548	name and address of any person who submits written comments
5549	concerning the proposed plan or plan amendment during the time
5550	period between the commencement of the transmittal hearing and
5551	the end of the adoption hearing. It is the responsibility of the
5552	person completing the form or providing written comments to
5553	accurately, completely, and legibly provide all information
5554	needed in order to receive the courtesy informational statement.
5555	(d)  The agency shall provide a model sign-in form for
5556	providing the list to the agency which may be used by the local
5557	government to satisfy the requirements of this subsection.
5558	(e)  If the proposed comprehensive plan or plan amendment
5559	changes the actual list of permitted, conditional, or prohibited
5560	uses within a future land use category or changes the actual
5561	future land use map designation of a parcel or parcels of land,
5562	the required advertisements shall be in the format prescribed by
5563	s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5564	municipality.
5565	(16)  COMPLIANCE AGREEMENTS.-
5566	(a)  At any time following the issuance of a notice of
5567	intent to find a comprehensive plan or plan amendment not in
5568	compliance with this part or after the initiation of a hearing
5569	pursuant to subsection (9), the state land planning agency and
5570	the local government may voluntarily enter into a compliance
5571	agreement to resolve one or more of the issues raised in the
5572	proceedings. Affected persons who have initiated a formal
5573	proceeding or have intervened in a formal proceeding may also
5574	enter into the compliance agreement. All parties granted
5575	intervenor status shall be provided reasonable notice of the
5576	commencement of a compliance agreement negotiation process and a
5577	reasonable opportunity to participate in such negotiation
5578	process. Negotiation meetings with local governments or
5579	intervenors shall be open to the public. The state land planning
5580	agency shall provide each party granted intervenor status with a
5581	copy of the compliance agreement within 10 days after the
5582	agreement is executed. The compliance agreement shall list each
5583	portion of the plan or plan amendment which is not in
5584	compliance, and shall specify remedial actions which the local
5585	government must complete within a specified time in order to
5586	bring the plan or plan amendment into compliance, including
5587	adoption of all necessary plan amendments. The compliance
5588	agreement may also establish monitoring requirements and
5589	incentives to ensure that the conditions of the compliance
5590	agreement are met.
5591	(b)  Upon filing by the state land planning agency of a
5592	compliance agreement executed by the agency and the local
5593	government with the Division of Administrative Hearings, any
5594	administrative proceeding under ss. 120.569 and 120.57 regarding
5595	the plan or plan amendment covered by the compliance agreement
5596	shall be stayed.
5597	(c)  Prior to its execution of a compliance agreement, the
5598	local government must approve the compliance agreement at a
5599	public hearing advertised at least 10 days before the public
5600	hearing in a newspaper of general circulation in the area in
5601	accordance with the advertisement requirements of subsection
5602	(15).
5603	(d)  A local government may adopt a plan amendment pursuant
5604	to a compliance agreement in accordance with the requirements of
5605	paragraph (15)(a). The plan amendment shall be exempt from the
5606	requirements of subsections (2)-(7). The local government shall
5607	hold a single adoption public hearing pursuant to the
5608	requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5609	Within 10 working days after adoption of a plan amendment, the
5610	local government shall transmit the amendment to the state land
5611	planning agency as specified in the agency's procedural rules,
5612	and shall submit one copy to the regional planning agency and to
5613	any other unit of local government or government agency in the
5614	state that has filed a written request with the governing body
5615	for a copy of the plan amendment, and one copy to any party to
5616	the proceeding under ss. 120.569 and 120.57 granted intervenor
5617	status.
5618	(e)  The state land planning agency, upon receipt of a plan
5619	amendment adopted pursuant to a compliance agreement, shall
5620	issue a cumulative notice of intent addressing both the
5621	compliance agreement amendment and the plan or plan amendment
5622	that was the subject of the agreement, in accordance with
5623	subsection (8).
5624	(f)1.  If the local government adopts a comprehensive plan
5625	amendment pursuant to a compliance agreement and a notice of
5626	intent to find the plan amendment in compliance is issued, the
5627	state land planning agency shall forward the notice of intent to
5628	the Division of Administrative Hearings and the administrative
5629	law judge shall realign the parties in the pending proceeding
5630	under ss. 120.569 and 120.57, which shall thereafter be governed
5631	by the process contained in paragraphs (9)(a) and (b), including
5632	provisions relating to challenges by an affected person, burden
5633	of proof, and issues of a recommended order and a final order,
5634	except as provided in subparagraph 2. Parties to the original
5635	proceeding at the time of realignment may continue as parties
5636	without being required to file additional pleadings to initiate
5637	a proceeding, but may timely amend their pleadings to raise any
5638	challenge to the amendment which is the subject of the
5639	cumulative notice of intent, and must otherwise conform to the
5640	rules of procedure of the Division of Administrative Hearings.
5641	Any affected person not a party to the realigned proceeding may
5642	challenge the plan amendment which is the subject of the
5643	cumulative notice of intent by filing a petition with the agency
5644	as provided in subsection (9). The agency shall forward the
5645	petition filed by the affected person not a party to the
5646	realigned proceeding to the Division of Administrative Hearings
5647	for consolidation with the realigned proceeding.
5648	2.  If any of the issues raised by the state land planning
5649	agency in the original subsection (10) proceeding are not
5650	resolved by the compliance agreement amendments, any intervenor
5651	in the original subsection (10) proceeding may require those
5652	issues to be addressed in the pending consolidated realigned
5653	proceeding under ss. 120.569 and 120.57. As to those unresolved
5654	issues, the burden of proof shall be governed by subsection
5655	(10).
5656	3.  If the local government adopts a comprehensive plan
5657	amendment pursuant to a compliance agreement and a notice of
5658	intent to find the plan amendment not in compliance is issued,
5659	the state land planning agency shall forward the notice of
5660	intent to the Division of Administrative Hearings, which shall
5661	consolidate the proceeding with the pending proceeding and
5662	immediately set a date for hearing in the pending proceeding
5663	under ss. 120.569 and 120.57. Affected persons who are not a
5664	party to the underlying proceeding under ss. 120.569 and 120.57
5665	may challenge the plan amendment adopted pursuant to the
5666	compliance agreement by filing a petition pursuant to subsection
5667	(10).
5668	(g)  If the local government fails to adopt a comprehensive
5669	plan amendment pursuant to a compliance agreement, the state
5670	land planning agency shall notify the Division of Administrative
5671	Hearings, which shall set the hearing in the pending proceeding
5672	under ss. 120.569 and 120.57 at the earliest convenient time.
5673	(h)  This subsection does not prohibit a local government
5674	from amending portions of its comprehensive plan other than
5675	those which are the subject of the compliance agreement.
5676	However, such amendments to the plan may not be inconsistent
5677	with the compliance agreement.
5678	(i)  Nothing in this subsection is intended to limit the
5679	parties from entering into a compliance agreement at any time
5680	before the final order in the proceeding is issued, provided
5681	that the provisions of paragraph (c) shall apply regardless of
5682	when the compliance agreement is reached.
5683	(j)  Nothing in this subsection is intended to force any
5684	party into settlement against its will or to preclude the use of
5685	other informal dispute resolution methods, such as the services
5686	offered by the Florida Growth Management Dispute Resolution
5687	Consortium, in the course of or in addition to the method
5688	described in this subsection.
5689	(17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5690	A local government that has adopted a community vision and urban
5691	service boundary under s. 163.3177(13) and (14) may adopt a plan
5692	amendment related to map amendments solely to property within an
5693	urban service boundary in the manner described in subsections
5694	(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5695	and e., 2., and 3., such that state and regional agency review
5696	is eliminated. The department may not issue an objections,
5697	recommendations, and comments report on proposed plan amendments
5698	or a notice of intent on adopted plan amendments; however,
5699	affected persons, as defined by paragraph (1)(a), may file a
5700	petition for administrative review pursuant to the requirements
5701	of s. 163.3187(3)(a) to challenge the compliance of an adopted
5702	plan amendment. This subsection does not apply to any amendment
5703	within an area of critical state concern, to any amendment that
5704	increases residential densities allowable in high-hazard coastal
5705	areas as defined in s. 163.3178(2)(h), or to a text change to
5706	the goals, policies, or objectives of the local government's
5707	comprehensive plan. Amendments submitted under this subsection
5708	are exempt from the limitation on the frequency of plan
5709	amendments in s. 163.3187.
5710	(18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5711	municipality that has a designated urban infill and
5712	redevelopment area under s. 163.2517 may adopt a plan amendment
5713	related to map amendments solely to property within a designated
5714	urban infill and redevelopment area in the manner described in
5715	subsections (1), (2), (7), (14), (15), and (16) and s.
5716	163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5717	regional agency review is eliminated. The department may not
5718	issue an objections, recommendations, and comments report on
5719	proposed plan amendments or a notice of intent on adopted plan
5720	amendments; however, affected persons, as defined by paragraph
5721	(1)(a), may file a petition for administrative review pursuant
5722	to the requirements of s. 163.3187(3)(a) to challenge the
5723	compliance of an adopted plan amendment. This subsection does
5724	not apply to any amendment within an area of critical state
5725	concern, to any amendment that increases residential densities
5726	allowable in high-hazard coastal areas as defined in s.
5727	163.3178(2)(h), or to a text change to the goals, policies, or
5728	objectives of the local government's comprehensive plan.
5729	Amendments submitted under this subsection are exempt from the
5730	limitation on the frequency of plan amendments in s. 163.3187.
5731	(19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5732	government that identifies in its comprehensive plan the types
5733	of housing developments and conditions for which it will
5734	consider plan amendments that are consistent with the local
5735	housing incentive strategies identified in s. 420.9076 and
5736	authorized by the local government may expedite consideration of
5737	such plan amendments. At least 30 days prior to adopting a plan
5738	amendment pursuant to this subsection, the local government
5739	shall notify the state land planning agency of its intent to
5740	adopt such an amendment, and the notice shall include the local
5741	government's evaluation of site suitability and availability of
5742	facilities and services. A plan amendment considered under this
5743	subsection shall require only a single public hearing before the
5744	local governing body, which shall be a plan amendment adoption
5745	hearing as described in subsection (7). The public notice of the
5746	hearing required under subparagraph (15)(b)2. must include a
5747	statement that the local government intends to use the expedited
5748	adoption process authorized under this subsection. The state
5749	land planning agency shall issue its notice of intent required
5750	under subsection (8) within 30 days after determining that the
5751	amendment package is complete. Any further proceedings shall be
5752	governed by subsections (9)-(16).
5753	Section 18.  Section 163.3187, Florida Statutes, is amended
5754	to read:
5755	163.3187  Process for adoption of small-scale comprehensive
5756	plan amendment of adopted comprehensive plan.-
5757	(1)  Amendments to comprehensive plans adopted pursuant to
5758	this part may be made not more than two times during any
5759	calendar year, except:
5760	(a)  In the case of an emergency, comprehensive plan
5761	amendments may be made more often than twice during the calendar
5762	year if the additional plan amendment receives the approval of
5763	all of the members of the governing body. "Emergency" means any
5764	occurrence or threat thereof whether accidental or natural,
5765	caused by humankind, in war or peace, which results or may
5766	result in substantial injury or harm to the population or
5767	substantial damage to or loss of property or public funds.
5768	(b)  Any local government comprehensive plan amendments
5769	directly related to a proposed development of regional impact,
5770	including changes which have been determined to be substantial
5771	deviations and including Florida Quality Developments pursuant
5772	to s. 380.061, may be initiated by a local planning agency and
5773	considered by the local governing body at the same time as the
5774	application for development approval using the procedures
5775	provided for local plan amendment in this section and applicable
5776	local ordinances.
5777	(1)(c)  Any local government comprehensive plan amendments
5778	directly related to proposed small scale development activities
5779	may be approved without regard to statutory limits on the
5780	frequency of consideration of amendments to the local
5781	comprehensive plan. A small scale development amendment may be
5782	adopted only under the following conditions:
5783	(a)1.  The proposed amendment involves a use of 10 acres or
5784	fewer and:
5785	(b)a.  The cumulative annual effect of the acreage for all
5786	small scale development amendments adopted by the local
5787	government does shall not exceed:
5788	(I)  a maximum of 120 acres in a calendar year. local
5789	government that contains areas specifically designated in the
5790	local comprehensive plan for urban infill, urban redevelopment,
5791	or downtown revitalization as defined in s. 163.3164, urban
5792	infill and redevelopment areas designated under s. 163.2517,
5793	transportation concurrency exception areas approved pursuant to
5794	s. 163.3180(5), or regional activity centers and urban central
5795	business districts approved pursuant to s. 380.06(2)(e);
5796	however, amendments under this paragraph may be applied to no
5797	more than 60 acres annually of property outside the designated
5798	areas listed in this sub-sub-subparagraph. Amendments adopted
5799	pursuant to paragraph (k) shall not be counted toward the
5800	acreage limitations for small scale amendments under this
5801	paragraph.
5802	(II)  A maximum of 80 acres in a local government that does
5803	not contain any of the designated areas set forth in sub-sub-
5804	subparagraph (I).
5805	(III)  A maximum of 120 acres in a county established
5806	pursuant to s. 9, Art. VIII of the State Constitution.
5807	b.  The proposed amendment does not involve the same
5808	property granted a change within the prior 12 months.
5809	c.  The proposed amendment does not involve the same
5810	owner's property within 200 feet of property granted a change
5811	within the prior 12 months.
5812	(c)d.  The proposed amendment does not involve a text
5813	change to the goals, policies, and objectives of the local
5814	government's comprehensive plan, but only proposes a land use
5815	change to the future land use map for a site-specific small
5816	scale development activity. However, text changes that relate
5817	directly to, and are adopted simultaneously with, the small
5818	scale future land use map amendment shall be permissible under
5819	this section.
5820	(d)e.  The property that is the subject of the proposed
5821	amendment is not located within an area of critical state
5822	concern, unless the project subject to the proposed amendment
5823	involves the construction of affordable housing units meeting
5824	the criteria of s. 420.0004(3), and is located within an area of
5825	critical state concern designated by s. 380.0552 or by the
5826	Administration Commission pursuant to s. 380.05(1). Such
5827	amendment is not subject to the density limitations of sub-
5828	subparagraph f., and shall be reviewed by the state land
5829	planning agency for consistency with the principles for guiding
5830	development applicable to the area of critical state concern
5831	where the amendment is located and shall not become effective
5832	until a final order is issued under s. 380.05(6).
5833	f.  If the proposed amendment involves a residential land
5834	use, the residential land use has a density of 10 units or less
5835	per acre or the proposed future land use category allows a
5836	maximum residential density of the same or less than the maximum
5837	residential density allowable under the existing future land use
5838	category, except that this limitation does not apply to small
5839	scale amendments involving the construction of affordable
5840	housing units meeting the criteria of s. 420.0004(3) on property
5841	which will be the subject of a land use restriction agreement,
5842	or small scale amendments described in sub-sub-subparagraph
5843	a.(I) that are designated in the local comprehensive plan for
5844	urban infill, urban redevelopment, or downtown revitalization as
5845	defined in s. 163.3164, urban infill and redevelopment areas
5846	designated under s. 163.2517, transportation concurrency
5847	exception areas approved pursuant to s. 163.3180(5), or regional
5848	activity centers and urban central business districts approved
5849	pursuant to s. 380.06(2)(e).
5850	2.a.  A local government that proposes to consider a plan
5851	amendment pursuant to this paragraph is not required to comply
5852	with the procedures and public notice requirements of s.
5853	163.3184(15)(c) for such plan amendments if the local government
5854	complies with the provisions in s. 125.66(4)(a) for a county or
5855	in s. 166.041(3)(c) for a municipality. If a request for a plan
5856	amendment under this paragraph is initiated by other than the
5857	local government, public notice is required.
5858	b.  The local government shall send copies of the notice
5859	and amendment to the state land planning agency, the regional
5860	planning council, and any other person or entity requesting a
5861	copy. This information shall also include a statement
5862	identifying any property subject to the amendment that is
5863	located within a coastal high-hazard area as identified in the
5864	local comprehensive plan.
5865	(2)3.  Small scale development amendments adopted pursuant
5866	to this section paragraph require only one public hearing before
5867	the governing board, which shall be an adoption hearing as
5868	described in s. 163.3184(11)(7), and are not subject to the
5869	requirements of s. 163.3184(3)-(6) unless the local government
5870	elects to have them subject to those requirements.
5871	(3)4.  If the small scale development amendment involves a
5872	site within an area that is designated by the Governor as a
5873	rural area of critical economic concern as defined under s.
5874	288.0656(2)(d)(7) for the duration of such designation, the 10-
5875	acre limit listed in subsection (1) subparagraph 1. shall be
5876	increased by 100 percent to 20 acres. The local government
5877	approving the small scale plan amendment shall certify to the
5878	Office of Tourism, Trade, and Economic Development that the plan
5879	amendment furthers the economic objectives set forth in the
5880	executive order issued under s. 288.0656(7), and the property
5881	subject to the plan amendment shall undergo public review to
5882	ensure that all concurrency requirements and federal, state, and
5883	local environmental permit requirements are met.
5884	(d)  Any comprehensive plan amendment required by a
5885	compliance agreement pursuant to s. 163.3184(16) may be approved
5886	without regard to statutory limits on the frequency of adoption
5887	of amendments to the comprehensive plan.
5888	(e)  A comprehensive plan amendment for location of a state
5889	correctional facility. Such an amendment may be made at any time
5890	and does not count toward the limitation on the frequency of
5891	plan amendments.
5892	(f)  The capital improvements element annual update
5893	required in s. 163.3177(3)(b)1. and any amendments directly
5894	related to the schedule.
5895	(g)  Any local government comprehensive plan amendments
5896	directly related to proposed redevelopment of brownfield areas
5897	designated under s. 376.80 may be approved without regard to
5898	statutory limits on the frequency of consideration of amendments
5899	to the local comprehensive plan.
5900	(h)  Any comprehensive plan amendments for port
5901	transportation facilities and projects that are eligible for
5902	funding by the Florida Seaport Transportation and Economic
5903	Development Council pursuant to s. 311.07.
5904	(i)  A comprehensive plan amendment for the purpose of
5905	designating an urban infill and redevelopment area under s.
5906	163.2517 may be approved without regard to the statutory limits
5907	on the frequency of amendments to the comprehensive plan.
5908	(j)  Any comprehensive plan amendment to establish public
5909	school concurrency pursuant to s. 163.3180(13), including, but
5910	not limited to, adoption of a public school facilities element
5911	and adoption of amendments to the capital improvements element
5912	and intergovernmental coordination element. In order to ensure
5913	the consistency of local government public school facilities
5914	elements within a county, such elements shall be prepared and
5915	adopted on a similar time schedule.
5916	(k)  A local comprehensive plan amendment directly related
5917	to providing transportation improvements to enhance life safety
5918	on Controlled Access Major Arterial Highways identified in the
5919	Florida Intrastate Highway System, in counties as defined in s.
5920	125.011, where such roadways have a high incidence of traffic
5921	accidents resulting in serious injury or death. Any such
5922	amendment shall not include any amendment modifying the
5923	designation on a comprehensive development plan land use map nor
5924	any amendment modifying the allowable densities or intensities
5925	of any land.
5926	(l)  A comprehensive plan amendment to adopt a public
5927	educational facilities element pursuant to s. 163.3177(12) and
5928	future land-use-map amendments for school siting may be approved
5929	notwithstanding statutory limits on the frequency of adopting
5930	plan amendments.
5931	(m)  A comprehensive plan amendment that addresses criteria
5932	or compatibility of land uses adjacent to or in close proximity
5933	to military installations in a local government's future land
5934	use element does not count toward the limitation on the
5935	frequency of the plan amendments.
5936	(n)  Any local government comprehensive plan amendment
5937	establishing or implementing a rural land stewardship area
5938	pursuant to the provisions of s. 163.3177(11)(d).
5939	(o)  A comprehensive plan amendment that is submitted by an
5940	area designated by the Governor as a rural area of critical
5941	economic concern under s. 288.0656(7) and that meets the
5942	economic development objectives may be approved without regard
5943	to the statutory limits on the frequency of adoption of
5944	amendments to the comprehensive plan.
5945	(p)  Any local government comprehensive plan amendment that
5946	is consistent with the local housing incentive strategies
5947	identified in s. 420.9076 and authorized by the local
5948	government.
5949	(q)  Any local government plan amendment to designate an
5950	urban service area as a transportation concurrency exception
5951	area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
5952	development-of-regional-impact process under s. 380.06(29).
5953	(4)(2)  Comprehensive plans may only be amended in such a
5954	way as to preserve the internal consistency of the plan pursuant
5955	to s. 163.3177(2). Corrections, updates, or modifications of
5956	current costs which were set out as part of the comprehensive
5957	plan shall not, for the purposes of this act, be deemed to be
5958	amendments.
5959	(3)(a)  The state land planning agency shall not review or
5960	issue a notice of intent for small scale development amendments
5961	which satisfy the requirements of paragraph (1)(c).
5962	(5)(a)  Any affected person may file a petition with the
5963	Division of Administrative Hearings pursuant to ss. 120.569 and
5964	120.57 to request a hearing to challenge the compliance of a
5965	small scale development amendment with this act within 30 days
5966	following the local government's adoption of the amendment and,
5967	shall serve a copy of the petition on the local government, and
5968	shall furnish a copy to the state land planning agency. An
5969	administrative law judge shall hold a hearing in the affected
5970	jurisdiction not less than 30 days nor more than 60 days
5971	following the filing of a petition and the assignment of an
5972	administrative law judge. The parties to a hearing held pursuant
5973	to this subsection shall be the petitioner, the local
5974	government, and any intervenor. In the proceeding, the plan
5975	amendment shall be determined to be in compliance if the local
5976	government's determination that the small scale development
5977	amendment is in compliance is fairly debatable presumed to be
5978	correct. The local government's determination shall be sustained
5979	unless it is shown by a preponderance of the evidence that the
5980	amendment is not in compliance with the requirements of this
5981	act. In any proceeding initiated pursuant to this subsection,
5982	The state land planning agency may not intervene in any
5983	proceeding initiated pursuant to this section.
5984	(b)1.  If the administrative law judge recommends that the
5985	small scale development amendment be found not in compliance,
5986	the administrative law judge shall submit the recommended order
5987	to the Administration Commission for final agency action. If the
5988	administrative law judge recommends that the small scale
5989	development amendment be found in compliance, the administrative
5990	law judge shall submit the recommended order to the state land
5991	planning agency.
5992	2.  If the state land planning agency determines that the
5993	plan amendment is not in compliance, the agency shall submit,
5994	within 30 days following its receipt, the recommended order to
5995	the Administration Commission for final agency action. If the
5996	state land planning agency determines that the plan amendment is
5997	in compliance, the agency shall enter a final order within 30
5998	days following its receipt of the recommended order.
5999	(c)  Small scale development amendments may shall not
6000	become effective until 31 days after adoption. If challenged
6001	within 30 days after adoption, small scale development
6002	amendments may shall not become effective until the state land
6003	planning agency or the Administration Commission, respectively,
6004	issues a final order determining that the adopted small scale
6005	development amendment is in compliance.
6006	(d)  In all challenges under this subsection, when a
6007	determination of compliance as defined in s. 163.3184(1)(b) is
6008	made, consideration shall be given to the plan amendment as a
6009	whole and whether the plan amendment furthers the intent of this
6010	part.
6011	(4)  Each governing body shall transmit to the state land
6012	planning agency a current copy of its comprehensive plan not
6013	later than December 1, 1985. Each governing body shall also
6014	transmit copies of any amendments it adopts to its comprehensive
6015	plan so as to continually update the plans on file with the
6016	state land planning agency.
6017	(5)  Nothing in this part is intended to prohibit or limit
6018	the authority of local governments to require that a person
6019	requesting an amendment pay some or all of the cost of public
6020	notice.
6021	(6)(a)  No local government may amend its comprehensive
6022	plan after the date established by the state land planning
6023	agency for adoption of its evaluation and appraisal report
6024	unless it has submitted its report or addendum to the state land
6025	planning agency as prescribed by s. 163.3191, except for plan
6026	amendments described in paragraph (1)(b) or paragraph (1)(h).
6027	(b)  A local government may amend its comprehensive plan
6028	after it has submitted its adopted evaluation and appraisal
6029	report and for a period of 1 year after the initial
6030	determination of sufficiency regardless of whether the report
6031	has been determined to be insufficient.
6032	(c)  A local government may not amend its comprehensive
6033	plan, except for plan amendments described in paragraph (1)(b),
6034	if the 1-year period after the initial sufficiency determination
6035	of the report has expired and the report has not been determined
6036	to be sufficient.
6037	(d)  When the state land planning agency has determined
6038	that the report has sufficiently addressed all pertinent
6039	provisions of s. 163.3191, the local government may amend its
6040	comprehensive plan without the limitations imposed by paragraph
6041	(a) or paragraph (c).
6042	(e)  Any plan amendment which a local government attempts
6043	to adopt in violation of paragraph (a) or paragraph (c) is
6044	invalid, but such invalidity may be overcome if the local
6045	government readopts the amendment and transmits the amendment to
6046	the state land planning agency pursuant to s. 163.3184(7) after
6047	the report is determined to be sufficient.
6048	Section 19.  Section 163.3189, Florida Statutes, is
6049	repealed.
6050	Section 20.  Section 163.3191, Florida Statutes, is amended
6051	to read:
6052	163.3191  Evaluation and appraisal of comprehensive plan.-
6053	(1)  At least once every 7 years, each local government
6054	shall evaluate its comprehensive plan to determine if plan
6055	amendments are necessary to reflect changes in state
6056	requirements in this part since the last update of the
6057	comprehensive plan, and notify the state land planning agency as
6058	to its determination.
6059	(2)  If the local government determines amendments to its
6060	comprehensive plan are necessary to reflect changes in state
6061	requirements, the local government shall prepare and transmit
6062	within 1 year such plan amendment or amendments for review
6063	pursuant to s. 163.3184.
6064	(3)  Local governments are encouraged to comprehensively
6065	evaluate and, as necessary, update comprehensive plans to
6066	reflect changes in local conditions. Plan amendments transmitted
6067	pursuant to this section shall be reviewed in accordance with s.
6068	163.3184.
6069	(4)  If a local government fails to submit its letter
6070	prescribed by subsection (1) or update its plan pursuant to
6071	subsection (2), it may not amend its comprehensive plan until
6072	such time as it complies with this section.
6073	(1)  The planning program shall be a continuous and ongoing
6074	process. Each local government shall adopt an evaluation and
6075	appraisal report once every 7 years assessing the progress in
6076	implementing the local government's comprehensive plan.
6077	Furthermore, it is the intent of this section that:
6078	(a)  Adopted comprehensive plans be reviewed through such
6079	evaluation process to respond to changes in state, regional, and
6080	local policies on planning and growth management and changing
6081	conditions and trends, to ensure effective intergovernmental
6082	coordination, and to identify major issues regarding the
6083	community's achievement of its goals.
6084	(b)  After completion of the initial evaluation and
6085	appraisal report and any supporting plan amendments, each
6086	subsequent evaluation and appraisal report must evaluate the
6087	comprehensive plan in effect at the time of the initiation of
6088	the evaluation and appraisal report process.
6089	(c)  Local governments identify the major issues, if
6090	applicable, with input from state agencies, regional agencies,
6091	adjacent local governments, and the public in the evaluation and
6092	appraisal report process. It is also the intent of this section
6093	to establish minimum requirements for information to ensure
6094	predictability, certainty, and integrity in the growth
6095	management process. The report is intended to serve as a summary
6096	audit of the actions that a local government has undertaken and
6097	identify changes that it may need to make. The report should be
6098	based on the local government's analysis of major issues to
6099	further the community's goals consistent with statewide minimum
6100	standards. The report is not intended to require a comprehensive
6101	rewrite of the elements within the local plan, unless a local
6102	government chooses to do so.
6103	(2)  The report shall present an evaluation and assessment
6104	of the comprehensive plan and shall contain appropriate
6105	statements to update the comprehensive plan, including, but not
6106	limited to, words, maps, illustrations, or other media, related
6107	to:
6108	(a)  Population growth and changes in land area, including
6109	annexation, since the adoption of the original plan or the most
6110	recent update amendments.
6111	(b)  The extent of vacant and developable land.
6112	(c)  The financial feasibility of implementing the
6113	comprehensive plan and of providing needed infrastructure to
6114	achieve and maintain adopted level-of-service standards and
6115	sustain concurrency management systems through the capital
6116	improvements element, as well as the ability to address
6117	infrastructure backlogs and meet the demands of growth on public
6118	services and facilities.
6119	(d)  The location of existing development in relation to
6120	the location of development as anticipated in the original plan,
6121	or in the plan as amended by the most recent evaluation and
6122	appraisal report update amendments, such as within areas
6123	designated for urban growth.
6124	(e)  An identification of the major issues for the
6125	jurisdiction and, where pertinent, the potential social,
6126	economic, and environmental impacts.
6127	(f)  Relevant changes to the state comprehensive plan, the
6128	requirements of this part, the minimum criteria contained in
6129	chapter 9J-5, Florida Administrative Code, and the appropriate
6130	strategic regional policy plan since the adoption of the
6131	original plan or the most recent evaluation and appraisal report
6132	update amendments.
6133	(g)  An assessment of whether the plan objectives within
6134	each element, as they relate to major issues, have been
6135	achieved. The report shall include, as appropriate, an
6136	identification as to whether unforeseen or unanticipated changes
6137	in circumstances have resulted in problems or opportunities with
6138	respect to major issues identified in each element and the
6139	social, economic, and environmental impacts of the issue.
6140	(h)  A brief assessment of successes and shortcomings
6141	related to each element of the plan.
6142	(i)  The identification of any actions or corrective
6143	measures, including whether plan amendments are anticipated to
6144	address the major issues identified and analyzed in the report.
6145	Such identification shall include, as appropriate, new
6146	population projections, new revised planning timeframes, a
6147	revised future conditions map or map series, an updated capital
6148	improvements element, and any new and revised goals, objectives,
6149	and policies for major issues identified within each element.
6150	This paragraph shall not require the submittal of the plan
6151	amendments with the evaluation and appraisal report.
6152	(j)  A summary of the public participation program and
6153	activities undertaken by the local government in preparing the
6154	report.
6155	(k)  The coordination of the comprehensive plan with
6156	existing public schools and those identified in the applicable
6157	educational facilities plan adopted pursuant to s. 1013.35. The
6158	assessment shall address, where relevant, the success or failure
6159	of the coordination of the future land use map and associated
6160	planned residential development with public schools and their
6161	capacities, as well as the joint decisionmaking processes
6162	engaged in by the local government and the school board in
6163	regard to establishing appropriate population projections and
6164	the planning and siting of public school facilities. For those
6165	counties or municipalities that do not have a public schools
6166	interlocal agreement or public school facilities element, the
6167	assessment shall determine whether the local government
6168	continues to meet the criteria of s. 163.3177(12). If the county
6169	or municipality determines that it no longer meets the criteria,
6170	it must adopt appropriate school concurrency goals, objectives,
6171	and policies in its plan amendments pursuant to the requirements
6172	of the public school facilities element, and enter into the
6173	existing interlocal agreement required by ss. 163.3177(6)(h)2.
6174	and 163.31777 in order to fully participate in the school
6175	concurrency system.
6176	(l)  The extent to which the local government has been
6177	successful in identifying alternative water supply projects and
6178	traditional water supply projects, including conservation and
6179	reuse, necessary to meet the water needs identified in s.
6180	373.709(2)(a) within the local government's jurisdiction. The
6181	report must evaluate the degree to which the local government
6182	has implemented the work plan for building public, private, and
6183	regional water supply facilities, including development of
6184	alternative water supplies, identified in the element as
6185	necessary to serve existing and new development.
6186	(m)  If any of the jurisdiction of the local government is
6187	located within the coastal high-hazard area, an evaluation of
6188	whether any past reduction in land use density impairs the
6189	property rights of current residents when redevelopment occurs,
6190	including, but not limited to, redevelopment following a natural
6191	disaster. The property rights of current residents shall be
6192	balanced with public safety considerations. The local government
6193	must identify strategies to address redevelopment feasibility
6194	and the property rights of affected residents. These strategies
6195	may include the authorization of redevelopment up to the actual
6196	built density in existence on the property prior to the natural
6197	disaster or redevelopment.
6198	(n)  An assessment of whether the criteria adopted pursuant
6199	to s. 163.3177(6)(a) were successful in achieving compatibility
6200	with military installations.
6201	(o)  The extent to which a concurrency exception area
6202	designated pursuant to s. 163.3180(5), a concurrency management
6203	area designated pursuant to s. 163.3180(7), or a multimodal
6204	transportation district designated pursuant to s. 163.3180(15)
6205	has achieved the purpose for which it was created and otherwise
6206	complies with the provisions of s. 163.3180.
6207	(p)  An assessment of the extent to which changes are
6208	needed to develop a common methodology for measuring impacts on
6209	transportation facilities for the purpose of implementing its
6210	concurrency management system in coordination with the
6211	municipalities and counties, as appropriate pursuant to s.
6212	163.3180(10).
6213	(3)  Voluntary scoping meetings may be conducted by each
6214	local government or several local governments within the same
6215	county that agree to meet together. Joint meetings among all
6216	local governments in a county are encouraged. All scoping
6217	meetings shall be completed at least 1 year prior to the
6218	established adoption date of the report. The purpose of the
6219	meetings shall be to distribute data and resources available to
6220	assist in the preparation of the report, to provide input on
6221	major issues in each community that should be addressed in the
6222	report, and to advise on the extent of the effort for the
6223	components of subsection (2). If scoping meetings are held, the
6224	local government shall invite each state and regional reviewing
6225	agency, as well as adjacent and other affected local
6226	governments. A preliminary list of new data and major issues
6227	that have emerged since the adoption of the original plan, or
6228	the most recent evaluation and appraisal report-based update
6229	amendments, should be developed by state and regional entities
6230	and involved local governments for distribution at the scoping
6231	meeting. For purposes of this subsection, a "scoping meeting" is
6232	a meeting conducted to determine the scope of review of the
6233	evaluation and appraisal report by parties to which the report
6234	relates.
6235	(4)  The local planning agency shall prepare the evaluation
6236	and appraisal report and shall make recommendations to the
6237	governing body regarding adoption of the proposed report. The
6238	local planning agency shall prepare the report in conformity
6239	with its public participation procedures adopted as required by
6240	s. 163.3181. During the preparation of the proposed report and
6241	prior to making any recommendation to the governing body, the
6242	local planning agency shall hold at least one public hearing,
6243	with public notice, on the proposed report. At a minimum, the
6244	format and content of the proposed report shall include a table
6245	of contents; numbered pages; element headings; section headings
6246	within elements; a list of included tables, maps, and figures; a
6247	title and sources for all included tables; a preparation date;
6248	and the name of the preparer. Where applicable, maps shall
6249	include major natural and artificial geographic features; city,
6250	county, and state lines; and a legend indicating a north arrow,
6251	map scale, and the date.
6252	(5)  Ninety days prior to the scheduled adoption date, the
6253	local government may provide a proposed evaluation and appraisal
6254	report to the state land planning agency and distribute copies
6255	to state and regional commenting agencies as prescribed by rule,
6256	adjacent jurisdictions, and interested citizens for review. All
6257	review comments, including comments by the state land planning
6258	agency, shall be transmitted to the local government and state
6259	land planning agency within 30 days after receipt of the
6260	proposed report.
6261	(6)  The governing body, after considering the review
6262	comments and recommended changes, if any, shall adopt the
6263	evaluation and appraisal report by resolution or ordinance at a
6264	public hearing with public notice. The governing body shall
6265	adopt the report in conformity with its public participation
6266	procedures adopted as required by s. 163.3181. The local
6267	government shall submit to the state land planning agency three
6268	copies of the report, a transmittal letter indicating the dates
6269	of public hearings, and a copy of the adoption resolution or
6270	ordinance. The local government shall provide a copy of the
6271	report to the reviewing agencies which provided comments for the
6272	proposed report, or to all the reviewing agencies if a proposed
6273	report was not provided pursuant to subsection (5), including
6274	the adjacent local governments. Within 60 days after receipt,
6275	the state land planning agency shall review the adopted report
6276	and make a preliminary sufficiency determination that shall be
6277	forwarded by the agency to the local government for its
6278	consideration. The state land planning agency shall issue a
6279	final sufficiency determination within 90 days after receipt of
6280	the adopted evaluation and appraisal report.
6281	(7)  The intent of the evaluation and appraisal process is
6282	the preparation of a plan update that clearly and concisely
6283	achieves the purpose of this section. Toward this end, the
6284	sufficiency review of the state land planning agency shall
6285	concentrate on whether the evaluation and appraisal report
6286	sufficiently fulfills the components of subsection (2). If the
6287	state land planning agency determines that the report is
6288	insufficient, the governing body shall adopt a revision of the
6289	report and submit the revised report for review pursuant to
6290	subsection (6).
6291	(8)  The state land planning agency may delegate the review
6292	of evaluation and appraisal reports, including all state land
6293	planning agency duties under subsections (4)-(7), to the
6294	appropriate regional planning council. When the review has been
6295	delegated to a regional planning council, any local government
6296	in the region may elect to have its report reviewed by the
6297	regional planning council rather than the state land planning
6298	agency. The state land planning agency shall by agreement
6299	provide for uniform and adequate review of reports and shall
6300	retain oversight for any delegation of review to a regional
6301	planning council.
6302	(9)  The state land planning agency may establish a phased
6303	schedule for adoption of reports. The schedule shall provide
6304	each local government at least 7 years from plan adoption or
6305	last established adoption date for a report and shall allot
6306	approximately one-seventh of the reports to any 1 year. In order
6307	to allow the municipalities to use data and analyses gathered by
6308	the counties, the state land planning agency shall schedule
6309	municipal report adoption dates between 1 year and 18 months
6310	later than the report adoption date for the county in which
6311	those municipalities are located. A local government may adopt
6312	its report no earlier than 90 days prior to the established
6313	adoption date. Small municipalities which were scheduled by
6314	chapter 9J-33, Florida Administrative Code, to adopt their
6315	evaluation and appraisal report after February 2, 1999, shall be
6316	rescheduled to adopt their report together with the other
6317	municipalities in their county as provided in this subsection.
6318	(10)  The governing body shall amend its comprehensive plan
6319	based on the recommendations in the report and shall update the
6320	comprehensive plan based on the components of subsection (2),
6321	pursuant to the provisions of ss. 163.3184, 163.3187, and
6322	163.3189. Amendments to update a comprehensive plan based on the
6323	evaluation and appraisal report shall be adopted during a single
6324	amendment cycle within 18 months after the report is determined
6325	to be sufficient by the state land planning agency, except the
6326	state land planning agency may grant an extension for adoption
6327	of a portion of such amendments. The state land planning agency
6328	may grant a 6-month extension for the adoption of such
6329	amendments if the request is justified by good and sufficient
6330	cause as determined by the agency. An additional extension may
6331	also be granted if the request will result in greater
6332	coordination between transportation and land use, for the
6333	purposes of improving Florida's transportation system, as
6334	determined by the agency in coordination with the Metropolitan
6335	Planning Organization program. Beginning July 1, 2006, failure
6336	to timely adopt and transmit update amendments to the
6337	comprehensive plan based on the evaluation and appraisal report
6338	shall result in a local government being prohibited from
6339	adopting amendments to the comprehensive plan until the
6340	evaluation and appraisal report update amendments have been
6341	adopted and transmitted to the state land planning agency. The
6342	prohibition on plan amendments shall commence when the update
6343	amendments to the comprehensive plan are past due. The
6344	comprehensive plan as amended shall be in compliance as defined
6345	in s. 163.3184(1)(b). Within 6 months after the effective date
6346	of the update amendments to the comprehensive plan, the local
6347	government shall provide to the state land planning agency and
6348	to all agencies designated by rule a complete copy of the
6349	updated comprehensive plan.
6350	(11)  The Administration Commission may impose the
6351	sanctions provided by s. 163.3184(11) against any local
6352	government that fails to adopt and submit a report, or that
6353	fails to implement its report through timely and sufficient
6354	amendments to its local plan, except for reasons of excusable
6355	delay or valid planning reasons agreed to by the state land
6356	planning agency or found present by the Administration
6357	Commission. Sanctions for untimely or insufficient plan
6358	amendments shall be prospective only and shall begin after a
6359	final order has been issued by the Administration Commission and
6360	a reasonable period of time has been allowed for the local
6361	government to comply with an adverse determination by the
6362	Administration Commission through adoption of plan amendments
6363	that are in compliance. The state land planning agency may
6364	initiate, and an affected person may intervene in, such a
6365	proceeding by filing a petition with the Division of
6366	Administrative Hearings, which shall appoint an administrative
6367	law judge and conduct a hearing pursuant to ss. 120.569 and
6368	120.57(1) and shall submit a recommended order to the
6369	Administration Commission. The affected local government shall
6370	be a party to any such proceeding. The commission may implement
6371	this subsection by rule.
6372	(5)(12)  The state land planning agency may shall not adopt
6373	rules to implement this section, other than procedural rules or
6374	a schedule indicating when local governments must comply with
6375	the requirements of this section.
6376	(13)  The state land planning agency shall regularly review
6377	the evaluation and appraisal report process and submit a report
6378	to the Governor, the Administration Commission, the Speaker of
6379	the House of Representatives, the President of the Senate, and
6380	the respective community affairs committees of the Senate and
6381	the House of Representatives. The first report shall be
6382	submitted by December 31, 2004, and subsequent reports shall be
6383	submitted every 5 years thereafter. At least 9 months before the
6384	due date of each report, the Secretary of Community Affairs
6385	shall appoint a technical committee of at least 15 members to
6386	assist in the preparation of the report. The membership of the
6387	technical committee shall consist of representatives of local
6388	governments, regional planning councils, the private sector, and
6389	environmental organizations. The report shall assess the
6390	effectiveness of the evaluation and appraisal report process.
6391	(14)  The requirement of subsection (10) prohibiting a
6392	local government from adopting amendments to the local
6393	comprehensive plan until the evaluation and appraisal report
6394	update amendments have been adopted and transmitted to the state
6395	land planning agency does not apply to a plan amendment proposed
6396	for adoption by the appropriate local government as defined in
6397	s. 163.3178(2)(k) in order to integrate a port comprehensive
6398	master plan with the coastal management element of the local
6399	comprehensive plan as required by s. 163.3178(2)(k) if the port
6400	comprehensive master plan or the proposed plan amendment does
6401	not cause or contribute to the failure of the local government
6402	to comply with the requirements of the evaluation and appraisal
6403	report.
6404	Section 21.  Paragraph (b) of subsection (2) of section
6405	163.3217, Florida Statutes, is amended to read:
6406	163.3217  Municipal overlay for municipal incorporation.-
6407	(2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6408	OVERLAY.-
6409	(b)1.  A municipal overlay shall be adopted as an amendment
6410	to the local government comprehensive plan as prescribed by s.
6411	163.3184.
6412	2.  A county may consider the adoption of a municipal
6413	overlay without regard to the provisions of s. 163.3187(1)
6414	regarding the frequency of adoption of amendments to the local
6415	comprehensive plan.
6416	Section 22.  Subsection (3) of section 163.3220, Florida
6417	Statutes, is amended to read:
6418	163.3220  Short title; legislative intent.-
6419	(3)  In conformity with, in furtherance of, and to
6420	implement the Community Local Government Comprehensive Planning
6421	and Land Development Regulation Act and the Florida State
6422	Comprehensive Planning Act of 1972, it is the intent of the
6423	Legislature to encourage a stronger commitment to comprehensive
6424	and capital facilities planning, ensure the provision of
6425	adequate public facilities for development, encourage the
6426	efficient use of resources, and reduce the economic cost of
6427	development.
6428	Section 23.  Subsections (2) and (11) of section 163.3221,
6429	Florida Statutes, are amended to read:
6430	163.3221  Florida Local Government Development Agreement
6431	Act; definitions.-As used in ss. 163.3220-163.3243:
6432	(2)  "Comprehensive plan" means a plan adopted pursuant to
6433	the Community "Local Government Comprehensive Planning and Land
6434	Development Regulation Act."
6435	(11)  "Local planning agency" means the agency designated
6436	to prepare a comprehensive plan or plan amendment pursuant to
6437	the Community "Florida Local Government Comprehensive Planning
6438	and Land Development Regulation Act."
6439	Section 24.  Section 163.3229, Florida Statutes, is amended
6440	to read:
6441	163.3229  Duration of a development agreement and
6442	relationship to local comprehensive plan.-The duration of a
6443	development agreement may shall not exceed 30 20 years, unless
6444	it is. It may be extended by mutual consent of the governing
6445	body and the developer, subject to a public hearing in
6446	accordance with s. 163.3225. No development agreement shall be
6447	effective or be implemented by a local government unless the
6448	local government's comprehensive plan and plan amendments
6449	implementing or related to the agreement are found in compliance
6450	by the state land planning agency in accordance with s.
6451	163.3184, s. 163.3187, or s. 163.3189.
6452	Section 25.  Section 163.3235, Florida Statutes, is amended
6453	to read:
6454	163.3235  Periodic review of a development agreement.-A
6455	local government shall review land subject to a development
6456	agreement at least once every 12 months to determine if there
6457	has been demonstrated good faith compliance with the terms of
6458	the development agreement. For each annual review conducted
6459	during years 6 through 10 of a development agreement, the review
6460	shall be incorporated into a written report which shall be
6461	submitted to the parties to the agreement and the state land
6462	planning agency. The state land planning agency shall adopt
6463	rules regarding the contents of the report, provided that the
6464	report shall be limited to the information sufficient to
6465	determine the extent to which the parties are proceeding in good
6466	faith to comply with the terms of the development agreement. If
6467	the local government finds, on the basis of substantial
6468	competent evidence, that there has been a failure to comply with
6469	the terms of the development agreement, the agreement may be
6470	revoked or modified by the local government.
6471	Section 26.  Section 163.3239, Florida Statutes, is amended
6472	to read:
6473	163.3239  Recording and effectiveness of a development
6474	agreement.-Within 14 days after a local government enters into a
6475	development agreement, the local government shall record the
6476	agreement with the clerk of the circuit court in the county
6477	where the local government is located. A copy of the recorded
6478	development agreement shall be submitted to the state land
6479	planning agency within 14 days after the agreement is recorded.
6480	A development agreement is shall not be effective until it is
6481	properly recorded in the public records of the county and until
6482	30 days after having been received by the state land planning
6483	agency pursuant to this section. The burdens of the development
6484	agreement shall be binding upon, and the benefits of the
6485	agreement shall inure to, all successors in interest to the
6486	parties to the agreement.
6487	Section 27.  Section 163.3243, Florida Statutes, is amended
6488	to read:
6489	163.3243  Enforcement.-Any party or, any aggrieved or
6490	adversely affected person as defined in s. 163.3215(2), or the
6491	state land planning agency may file an action for injunctive
6492	relief in the circuit court where the local government is
6493	located to enforce the terms of a development agreement or to
6494	challenge compliance of the agreement with the provisions of ss.
6495	163.3220-     163.3243.
6496	Section 28.  Section 163.3245, Florida Statutes, is amended
6497	to read:
6498	163.3245  Optional Sector plans.-
6499	(1)  In recognition of the benefits of conceptual long-
6500	range planning for the buildout of an area, and detailed
6501	planning for specific areas, as a demonstration project, the
6502	requirements of s. 380.06 may be addressed as identified by this
6503	section for up to five local governments or combinations of
6504	local governments may which adopt into their the comprehensive
6505	plans a plan an optional sector plan in accordance with this
6506	section. This section is intended to promote and encourage long-
6507	term planning for conservation, development, and agriculture on
6508	a landscape scale; to further the intent of s. 163.3177(11),
6509	which supports innovative and flexible planning and development
6510	strategies, and the purposes of this part, and part I of chapter
6511	380; to facilitate protection of regionally significant
6512	resources, including, but not limited to, regionally significant
6513	water courses and wildlife corridors;, and to avoid duplication
6514	of effort in terms of the level of data and analysis required
6515	for a development of regional impact, while ensuring the
6516	adequate mitigation of impacts to applicable regional resources
6517	and facilities, including those within the jurisdiction of other
6518	local governments, as would otherwise be provided. Optional
6519	Sector plans are intended for substantial geographic areas that
6520	include including at least 15,000 5,000 acres of one or more
6521	local governmental jurisdictions and are to emphasize urban form
6522	and protection of regionally significant resources and public
6523	facilities. A The state land planning agency may approve
6524	optional sector plans of less than 5,000 acres based on local
6525	circumstances if it is determined that the plan would further
6526	the purposes of this part and part I of chapter 380. Preparation
6527	of an optional sector plan is authorized by agreement between
6528	the state land planning agency and the applicable local
6529	governments under s. 163.3171(4). An optional sector plan may be
6530	adopted through one or more comprehensive plan amendments under
6531	s. 163.3184. However, an optional sector plan may not be adopted
6532	authorized in an area of critical state concern.
6533	(2)  Upon the request of a local government having
6534	jurisdiction, The state land planning agency may enter into an
6535	agreement to authorize preparation of an optional sector plan
6536	upon the request of one or more local governments based on
6537	consideration of problems and opportunities presented by
6538	existing development trends; the effectiveness of current
6539	comprehensive plan provisions; the potential to further the
6540	state comprehensive plan, applicable strategic regional policy
6541	plans, this part, and part I of chapter 380; and those factors
6542	identified by s. 163.3177(10)(i). the applicable regional
6543	planning council shall conduct a scoping meeting with affected
6544	local governments and those agencies identified in s.
6545	163.3184(1)(c)(4) before preparation of the sector plan
6546	execution of the agreement authorized by this section. The
6547	purpose of this meeting is to assist the state land planning
6548	agency and the local government in the identification of the
6549	relevant planning issues to be addressed and the data and
6550	resources available to assist in the preparation of the sector
6551	plan subsequent plan amendments. If a scoping meeting is
6552	conducted, the regional planning council shall make written
6553	recommendations to the state land planning agency and affected
6554	local governments on the issues requested by the local
6555	government. The scoping meeting shall be noticed and open to the
6556	public. If the entire planning area proposed for the sector plan
6557	is within the jurisdiction of two or more local governments,
6558	some or all of them may enter into a joint planning agreement
6559	pursuant to s. 163.3171 with respect to, including whether a
6560	sustainable sector plan would be appropriate. The agreement must
6561	define the geographic area to be subject to the sector plan, the
6562	planning issues that will be emphasized, procedures requirements
6563	for intergovernmental coordination to address
6564	extrajurisdictional impacts, supporting application materials
6565	including data and analysis, and procedures for public
6566	participation, or other issues. An agreement may address
6567	previously adopted sector plans that are consistent with the
6568	standards in this section. Before executing an agreement under
6569	this subsection, the local government shall hold a duly noticed
6570	public workshop to review and explain to the public the optional
6571	sector planning process and the terms and conditions of the
6572	proposed agreement. The local government shall hold a duly
6573	noticed public hearing to execute the agreement. All meetings
6574	between the department and the local government must be open to
6575	the public.
6576	(3)  Optional Sector planning encompasses two levels:
6577	adoption pursuant to under s. 163.3184 of a conceptual long-term
6578	master plan for the entire planning area as part of the
6579	comprehensive plan, and adoption by local development order of
6580	two or more buildout overlay to the comprehensive plan, having
6581	no immediate effect on the issuance of development orders or the
6582	applicability of s. 380.06, and adoption under s. 163.3184 of
6583	detailed specific area plans that implement the conceptual long-
6584	term master plan buildout overlay and authorize issuance of
6585	development orders, and within which s. 380.06 is waived. Until
6586	such time as a detailed specific area plan is adopted, the
6587	underlying future land use designations apply.
6588	(a)  In addition to the other requirements of this chapter,
6589	a long-term master plan pursuant to this section conceptual
6590	long-term buildout overlay must include maps, illustrations, and
6591	text supported by data and analysis to address the following:
6592	1.  A long-range conceptual framework map that, at a
6593	minimum, generally depicts identifies anticipated areas of
6594	urban, agricultural, rural, and conservation land use,
6595	identifies allowed uses in various parts of the planning area,
6596	specifies maximum and minimum densities and intensities of use,
6597	and provides the general framework for the development pattern
6598	in developed areas with graphic illustrations based on a
6599	hierarchy of places and functional place-making components.
6600	2.  A general identification of the water supplies needed
6601	and available sources of water, including water resource
6602	development and water supply development projects, and water
6603	conservation measures needed to meet the projected demand of the
6604	future land uses in the long-term master plan.
6605	3.  A general identification of the transportation
6606	facilities to serve the future land uses in the long-term master
6607	plan, including guidelines to be used to establish each modal
6608	component intended to optimize mobility.
6609	4.2.  A general identification of other regionally
6610	significant public facilities consistent with chapter 9J-2,
6611	Florida Administrative Code, irrespective of local governmental
6612	jurisdiction necessary to support buildout of the anticipated
6613	future land uses, which may include central utilities provided
6614	onsite within the planning area, and policies setting forth the
6615	procedures to be used to mitigate the impacts of future land
6616	uses on public facilities.
6617	5.3.  A general identification of regionally significant
6618	natural resources within the planning area based on the best
6619	available data and policies setting forth the procedures for
6620	protection or conservation of specific resources consistent with
6621	the overall conservation and development strategy for the
6622	planning area consistent with chapter 9J-2, Florida
6623	Administrative Code.
6624	6.4.  General principles and guidelines addressing that
6625	address the urban form and the interrelationships of anticipated
6626	future land uses; the protection and, as appropriate,
6627	restoration and management of lands identified for permanent
6628	preservation through recordation of conservation easements
6629	consistent with s. 704.06, which shall be phased or staged in
6630	coordination with detailed specific area plans to reflect phased
6631	or staged development within the planning area; and a
6632	discussion, at the applicant's option, of the extent, if any, to
6633	which the plan will address restoring key ecosystems, achieving
6634	a more clean, healthy environment;, limiting urban sprawl;
6635	providing a range of housing types;, protecting wildlife and
6636	natural areas;, advancing the efficient use of land and other
6637	resources;, and creating quality communities of a design that
6638	promotes travel by multiple transportation modes; and enhancing
6639	the prospects for the creation of jobs.
6640	7.5.  Identification of general procedures and policies to
6641	facilitate ensure intergovernmental coordination to address
6642	extrajurisdictional impacts from the future land uses long-range
6643	conceptual framework map.
6644
6645	A long-term master plan adopted pursuant to this section may be
6646	based upon a planning period longer than the generally
6647	applicable planning period of the local comprehensive plan,
6648	shall specify the projected population within the planning area
6649	during the chosen planning period, and may include a phasing or
6650	staging schedule that allocates a portion of the local
6651	government's future growth to the planning area through the
6652	planning period. A long-term master plan adopted pursuant to
6653	this section is not required to demonstrate need based upon
6654	projected population growth or on any other basis.
6655	(b)  In addition to the other requirements of this chapter,
6656	including those in paragraph (a), the detailed specific area
6657	plans shall be consistent with the long-term master plan and
6658	must include conditions and commitments that provide for:
6659	1.  Development or conservation of an area of adequate size
6660	to accommodate a level of development which achieves a
6661	functional relationship between a full range of land uses within
6662	the area and to encompass at least 1,000 acres consistent with
6663	the long-term master plan. The local government state land
6664	planning agency may approve detailed specific area plans of less
6665	than 1,000 acres based on local circumstances if it is
6666	determined that the detailed specific area plan furthers the
6667	purposes of this part and part I of chapter 380.
6668	2.  Detailed identification and analysis of the maximum and
6669	minimum densities and intensities of use and the distribution,
6670	extent, and location of future land uses.
6671	3.  Detailed identification of water resource development
6672	and water supply development projects and related infrastructure
6673	and water conservation measures to address water needs of
6674	development in the detailed specific area plan.
6675	4.  Detailed identification of the transportation
6676	facilities to serve the future land uses in the detailed
6677	specific area plan.
6678	5.3.  Detailed identification of other regionally
6679	significant public facilities, including public facilities
6680	outside the jurisdiction of the host local government,
6681	anticipated impacts of future land uses on those facilities, and
6682	required improvements consistent with the long-term master plan
6683	chapter 9J-2, Florida Administrative Code.
6684	6.4.  Public facilities necessary to serve development in
6685	the detailed specific area plan for the short term, including
6686	developer contributions in a financially feasible 5-year capital
6687	improvement schedule of the affected local government.
6688	7.5.  Detailed analysis and identification of specific
6689	measures to ensure assure the protection and, as appropriate,
6690	restoration and management of lands within the boundary of the
6691	detailed specific area plan identified for permanent
6692	preservation through recordation of conservation easements
6693	consistent with s. 704.06, which easements shall be effective
6694	before or concurrent with the effective date of the detailed
6695	specific area plan of regionally significant natural resources
6696	and other important resources both within and outside the host
6697	jurisdiction, including those regionally significant resources
6698	identified in chapter 9J-2, Florida Administrative Code.
6699	8.6.  Detailed principles and guidelines addressing that
6700	address the urban form and the interrelationships of anticipated
6701	future land uses; and a discussion, at the applicant's option,
6702	of the extent, if any, to which the plan will address restoring
6703	key ecosystems, achieving a more clean, healthy environment;,
6704	limiting urban sprawl; providing a range of housing types;,
6705	protecting wildlife and natural areas;, advancing the efficient
6706	use of land and other resources;, and creating quality
6707	communities of a design that promotes travel by multiple
6708	transportation modes; and enhancing the prospects for the
6709	creation of jobs.
6710	9.7.  Identification of specific procedures to facilitate
6711	ensure intergovernmental coordination to address
6712	extrajurisdictional impacts from of the detailed specific area
6713	plan.
6714
6715	A detailed specific area plan adopted by local development order
6716	pursuant to this section may be based upon a planning period
6717	longer than the generally applicable planning period of the
6718	local comprehensive plan and shall specify the projected
6719	population within the specific planning area during the chosen
6720	planning period. A detailed specific area plan adopted pursuant
6721	to this section is not required to demonstrate need based upon
6722	projected population growth or on any other basis. All lands
6723	identified in the long-term master plan for permanent
6724	preservation shall be subject to a recorded conservation
6725	easement consistent with s. 704.06 before or concurrent with the
6726	effective date of the final detailed specific area plan to be
6727	approved within the planning area.
6728	(c)  In its review of a long-term master plan, the state
6729	land planning agency shall consult with the Department of
6730	Agriculture and Consumer Services, the Department of
6731	Environmental Protection, the Fish and Wildlife Conservation
6732	Commission, and the applicable water management district
6733	regarding the design of areas for protection and conservation of
6734	regionally significant natural resources and for the protection
6735	and, as appropriate, restoration and management of lands
6736	identified for permanent preservation.
6737	(d)  In its review of a long-term master plan, the state
6738	land planning agency shall consult with the Department of
6739	Transportation, the applicable metropolitan planning
6740	organization, and any urban transit agency regarding the
6741	location, capacity, design, and phasing or staging of major
6742	transportation facilities in the planning area.
6743	(e)  Whenever a local government issues a development order
6744	approving a detailed specific area plan, a copy of such order
6745	shall be rendered to the state land planning agency and the
6746	owner or developer of the property affected by such order, as
6747	prescribed by rules of the state land planning agency for a
6748	development order for a development of regional impact. Within
6749	45 days after the order is rendered, the owner, the developer,
6750	or the state land planning agency may appeal the order to the
6751	Florida Land and Water Adjudicatory Commission by filing a
6752	petition alleging that the detailed specific area plan is not
6753	consistent with the comprehensive plan or with the long-term
6754	master plan adopted pursuant to this section. The appellant
6755	shall furnish a copy of the petition to the opposing party, as
6756	the case may be, and to the local government that issued the
6757	order. The filing of the petition stays the effectiveness of the
6758	order until after completion of the appeal process. However, if
6759	a development order approving a detailed specific area plan has
6760	been challenged by an aggrieved or adversely affected party in a
6761	judicial proceeding pursuant to s. 163.3215, and a party to such
6762	proceeding serves notice to the state land planning agency, the
6763	state land planning agency shall dismiss its appeal to the
6764	commission and shall have the right to intervene in the pending
6765	judicial proceeding pursuant to s. 163.3215. Proceedings for
6766	administrative review of an order approving a detailed specific
6767	area plan shall be conducted consistent with s. 380.07(6). The
6768	commission shall issue a decision granting or denying permission
6769	to develop pursuant to the long-term master plan and the
6770	standards of this part and may attach conditions or restrictions
6771	to its decisions.
6772	(f)(c)  This subsection does may not be construed to
6773	prevent preparation and approval of the optional sector plan and
6774	detailed specific area plan concurrently or in the same
6775	submission.
6776	(4)  Upon the long-term master plan becoming legally
6777	effective:
6778	(a)  Any long-range transportation plan developed by a
6779	metropolitan planning organization pursuant to s. 339.175(7)
6780	must be consistent, to the maximum extent feasible, with the
6781	long-term master plan, including, but not limited to, the
6782	projected population and the approved uses and densities and
6783	intensities of use and their distribution within the planning
6784	area. The transportation facilities identified in adopted plans
6785	pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
6786	in coordination with the adopted M.P.O. long-range
6787	transportation plan.
6788	(b)  The water needs, sources and water resource
6789	development, and water supply development projects identified in
6790	adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
6791	be incorporated into the applicable district and regional water
6792	supply plans adopted in accordance with ss. 373.036 and 373.709.
6793	Accordingly, and notwithstanding the permit durations stated in
6794	s. 373.236, an applicant may request and the applicable district
6795	may issue consumptive use permits for durations commensurate
6796	with the long-term master plan or detailed specific area plan,
6797	considering the ability of the master plan area to contribute to
6798	regional water supply availability and the need to maximize
6799	reasonable-beneficial use of the water resource. The permitting
6800	criteria in s. 373.223 shall be applied based upon the projected
6801	population and the approved densities and intensities of use and
6802	their distribution in the long-term master plan; however, the
6803	allocation of the water may be phased over the permit duration
6804	to correspond to actual projected needs. This paragraph does not
6805	supersede the public interest test set forth in s. 373.223. The
6806	host local government shall submit a monitoring report to the
6807	state land planning agency and applicable regional planning
6808	council on an annual basis after adoption of a detailed specific
6809	area plan. The annual monitoring report must provide summarized
6810	information on development orders issued, development that has
6811	occurred, public facility improvements made, and public facility
6812	improvements anticipated over the upcoming 5 years.
6813	(5)  When a plan amendment adopting a detailed specific
6814	area plan has become effective for a portion of the planning
6815	area governed by a long-term master plan adopted pursuant to
6816	this section under ss. 163.3184 and 163.3189(2), the provisions
6817	of s. 380.06 does do not apply to development within the
6818	geographic area of the detailed specific area plan. However, any
6819	development-of-regional-impact development order that is vested
6820	from the detailed specific area plan may be enforced pursuant to
6821	under s. 380.11.
6822	(a)  The local government adopting the detailed specific
6823	area plan is primarily responsible for monitoring and enforcing
6824	the detailed specific area plan. Local governments may shall not
6825	issue any permits or approvals or provide any extensions of
6826	services to development that are not consistent with the
6827	detailed specific sector area plan.
6828	(b)  If the state land planning agency has reason to
6829	believe that a violation of any detailed specific area plan, or
6830	of any agreement entered into under this section, has occurred
6831	or is about to occur, it may institute an administrative or
6832	judicial proceeding to prevent, abate, or control the conditions
6833	or activity creating the violation, using the procedures in s.
6834	380.11.
6835	(c)  In instituting an administrative or judicial
6836	proceeding involving a an optional sector plan or detailed
6837	specific area plan, including a proceeding pursuant to paragraph
6838	(b), the complaining party shall comply with the requirements of
6839	s. 163.3215(4), (5), (6), and (7), except as provided by
6840	paragraph (3)(e).
6841	(d)  The detailed specific area plan shall establish a
6842	buildout date until which the approved development is not
6843	subject to downzoning, unit density reduction, or intensity
6844	reduction, unless the local government can demonstrate that
6845	implementation of the plan is not continuing in good faith based
6846	on standards established by plan policy, that substantial
6847	changes in the conditions underlying the approval of the
6848	detailed specific area plan have occurred, that the detailed
6849	specific area plan was based on substantially inaccurate
6850	information provided by the applicant, or that the change is
6851	clearly established to be essential to the public health,
6852	safety, or welfare.
6853	(6)  Concurrent with or subsequent to review and adoption
6854	of a long-term master plan pursuant to paragraph (3)(a), an
6855	applicant may apply for master development approval pursuant to
6856	s. 380.06(21) for the entire planning area in order to establish
6857	a buildout date until which the approved uses and densities and
6858	intensities of use of the master plan are not subject to
6859	downzoning, unit density reduction, or intensity reduction,
6860	unless the local government can demonstrate that implementation
6861	of the master plan is not continuing in good faith based on
6862	standards established by plan policy, that substantial changes
6863	in the conditions underlying the approval of the master plan
6864	have occurred, that the master plan was based on substantially
6865	inaccurate information provided by the applicant, or that change
6866	is clearly established to be essential to the public health,
6867	safety, or welfare. Review of the application for master
6868	development approval shall be at a level of detail appropriate
6869	for the long-term and conceptual nature of the long-term master
6870	plan and, to the maximum extent possible, may only consider
6871	information provided in the application for a long-term master
6872	plan. Notwithstanding s. 380.06, an increment of development in
6873	such an approved master development plan must be approved by a
6874	detailed specific area plan pursuant to paragraph (3)(b) and is
6875	exempt from review pursuant to s. 380.06.
6876	(6)  Beginning December 1, 1999, and each year thereafter,
6877	the department shall provide a status report to the Legislative
6878	Committee on Intergovernmental Relations regarding each optional
6879	sector plan authorized under this section.
6880	(7)  A developer within an area subject to a long-term
6881	master plan that meets the requirements of paragraph (3)(a) and
6882	subsection (6) or a detailed specific area plan that meets the
6883	requirements of paragraph (3)(b) may enter into a development
6884	agreement with a local government pursuant to ss. 163.3220-
6885	163.3243. The duration of such a development agreement may be
6886	through the planning period of the long-term master plan or the
6887	detailed specific area plan, as the case may be, notwithstanding
6888	the limit on the duration of a development agreement pursuant to
6889	s. 163.3229.
6890	(8)  Any owner of property within the planning area of a
6891	proposed long-term master plan may withdraw his consent to the
6892	master plan at any time prior to local government adoption, and
6893	the local government shall exclude such parcels from the adopted
6894	master plan. Thereafter, the long-term master plan, any detailed
6895	specific area plan, and the exemption from development-of-
6896	regional-impact review under this section do not apply to the
6897	subject parcels. After adoption of a long-term master plan, an
6898	owner may withdraw his or her property from the master plan only
6899	with the approval of the local government by plan amendment
6900	adopted and reviewed pursuant to s. 163.3184.
6901	(9)  The adoption of a long-term master plan or a detailed
6902	specific area plan pursuant to this section does not limit the
6903	right to continue existing agricultural or silvicultural uses or
6904	other natural resource-based operations or to establish similar
6905	new uses that are consistent with the plans approved pursuant to
6906	this section.
6907	(10)  The state land planning agency may enter into an
6908	agreement with a local government that, on or before July 1,
6909	2011, adopted a large-area comprehensive plan amendment
6910	consisting of at least 15,000 acres that meets the requirements
6911	for a long-term master plan in paragraph (3)(a), after notice
6912	and public hearing by the local government, and thereafter,
6913	notwithstanding s. 380.06, this part, or any planning agreement
6914	or plan policy, the large-area plan shall be implemented through
6915	detailed specific area plans that meet the requirements of
6916	paragraph (3)(b) and shall otherwise be subject to this section.
6917	(11)  Notwithstanding this section, a detailed specific
6918	area plan to implement a conceptual long-term buildout overlay,
6919	adopted by a local government and found in compliance before
6920	July 1, 2011, shall be governed by this section.
6921	(12)  Notwithstanding s. 380.06, this part, or any planning
6922	agreement or plan policy, a landowner or developer who has
6923	received approval of a master development-of-regional-impact
6924	development order pursuant to s. 380.06(21) may apply to
6925	implement this order by filing one or more applications to
6926	approve a detailed specific area plan pursuant to paragraph
6927	(3)(b).
6928	(13)(7)  This section may not be construed to abrogate the
6929	rights of any person under this chapter.
6930	Section 29.  Subsections (9), (12), and (14) of section
6931	163.3246, Florida Statutes, are amended to read:
6932	163.3246  Local government comprehensive planning
6933	certification program.-
6934	(9)(a)  Upon certification all comprehensive plan
6935	amendments associated with the area certified must be adopted
6936	and reviewed in the manner described in s. ss. 163.3184(5)-
6937	(11)(1), (2), (7), (14), (15), and (16) and 163.3187, such that
6938	state and regional agency review is eliminated. Plan amendments
6939	that qualify as small scale development amendments may follow
6940	the small scale review process in s. 163.3187. The department
6941	may not issue any objections, recommendations, and comments
6942	report on proposed plan amendments or a notice of intent on
6943	adopted plan amendments; however, affected persons, as defined
6944	by s. 163.3184(1)(a), may file a petition for administrative
6945	review pursuant to the requirements of s. 163.3184(5)
6946	163.3187(3)(a) to challenge the compliance of an adopted plan
6947	amendment.
6948	(b)  Plan amendments that change the boundaries of the
6949	certification area; propose a rural land stewardship area
6950	pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
6951	sector plan pursuant to s. 163.3245; propose a school facilities
6952	element; update a comprehensive plan based on an evaluation and
6953	appraisal review report; impact lands outside the certification
6954	boundary; implement new statutory requirements that require
6955	specific comprehensive plan amendments; or increase hurricane
6956	evacuation times or the need for shelter capacity on lands
6957	within the coastal high-hazard area shall be reviewed pursuant
6958	to s. ss. 163.3184 and 163.3187.
6959	(12)  A local government's certification shall be reviewed
6960	by the local government and the department as part of the
6961	evaluation and appraisal process pursuant to s. 163.3191. Within
6962	1 year after the deadline for the local government to update its
6963	comprehensive plan based on the evaluation and appraisal report,
6964	the department shall renew or revoke the certification. The
6965	local government's failure to adopt a timely evaluation and
6966	appraisal report, failure to adopt an evaluation and appraisal
6967	report found to be sufficient, or failure to timely adopt
6968	necessary amendments to update its comprehensive plan based on
6969	an evaluation and appraisal, which are report found to be in
6970	compliance by the department, shall be cause for revoking the
6971	certification agreement. The department's decision to renew or
6972	revoke shall be considered agency action subject to challenge
6973	under s. 120.569.
6974	(14)  The Office of Program Policy Analysis and Government
6975	Accountability shall prepare a report evaluating the
6976	certification program, which shall be submitted to the Governor,
6977	the President of the Senate, and the Speaker of the House of
6978	Representatives by December 1, 2007.
6979	Section 30.  Section 163.32465, Florida Statutes, is
6980	repealed.
6981	Section 31.  Subsection (6) is added to section 163.3247,
6982	Florida Statutes, to read:
6983	163.3247  Century Commission for a Sustainable Florida.-
6984	(6)  EXPIRATION.-This section is repealed and the
6985	commission is abolished June 30, 2013.
6986	Section 32.  Section 163.3248, Florida Statutes, is created
6987	to read:
6988	163.3248  Rural land stewardship areas.-
6989	(1)  Rural land stewardship areas are designed to establish
6990	a long-term incentive based strategy to balance and guide the
6991	allocation of land so as to accommodate future land uses in a
6992	manner that protects the natural environment, stimulate economic
6993	growth and diversification, and encourage the retention of land
6994	for agriculture and other traditional rural land uses.
6995	(2)  Upon written request by one or more landowners of the
6996	subject lands to designate lands as a rural land stewardship
6997	area, or pursuant to a private-sector-initiated comprehensive
6998	plan amendment filed by, or with the consent of the owners of
6999	the subject lands, local governments may adopt a future land use
7000	overlay to designate all or portions of lands classified in the
7001	future land use element as predominantly agricultural, rural,
7002	open, open-rural, or a substantively equivalent land use, as a
7003	rural land stewardship area within which planning and economic
7004	incentives are applied to encourage the implementation of
7005	innovative and flexible planning and development strategies and
7006	creative land use planning techniques to support a diverse
7007	economic and employment base. The future land use overlay may
7008	not require a demonstration of need based on population
7009	projections or any other factors.
7010	(3)  Rural land stewardship areas may be used to further
7011	the following broad principles of rural sustainability:
7012	restoration and maintenance of the economic value of rural land;
7013	control of urban sprawl; identification and protection of
7014	ecosystems, habitats, and natural resources; promotion and
7015	diversification of economic activity and employment
7016	opportunities within the rural areas; maintenance of the
7017	viability of the state's agricultural economy; and protection of
7018	private property rights in rural areas of the state. Rural land
7019	stewardship areas may be multicounty in order to encourage
7020	coordinated regional stewardship planning.
7021	(4)  A local government or one or more property owners may
7022	request assistance and participation in the development of a
7023	plan for the rural land stewardship area from the state land
7024	planning agency, the Department of Agriculture and Consumer
7025	Services, the Fish and Wildlife Conservation Commission, the
7026	Department of Environmental Protection, the appropriate water
7027	management district, the Department of Transportation, the
7028	regional planning council, private land owners, and
7029	stakeholders.
7030	(5)  A rural land stewardship area shall be not less than
7031	10,000 acres, shall be located outside of municipalities and
7032	established urban service areas, and shall be designated by plan
7033	amendment by each local government with jurisdiction over the
7034	rural land stewardship area. The plan amendment or amendments
7035	designating a rural land stewardship area are subject to review
7036	pursuant to s. 163.3184 and shall provide for the following:
7037	(a)  Criteria for the designation of receiving areas which
7038	shall, at a minimum, provide for the following: adequacy of
7039	suitable land to accommodate development so as to avoid conflict
7040	with significant environmentally sensitive areas, resources, and
7041	habitats; compatibility between and transition from higher
7042	density uses to lower intensity rural uses; and the
7043	establishment of receiving area service boundaries that provide
7044	for a transition from receiving areas and other land uses within
7045	the rural land stewardship area through limitations on the
7046	extension of services.
7047	(b)  Innovative planning and development strategies to be
7048	applied within rural land stewardship areas pursuant to this
7049	section.
7050	(c)  A process for the implementation of innovative
7051	planning and development strategies within the rural land
7052	stewardship area, including those described in this subsection,
7053	which provide for a functional mix of land uses through the
7054	adoption by the local government of zoning and land development
7055	regulations applicable to the rural land stewardship area.
7056	(d)  A mix of densities and intensities that would not be
7057	characterized as urban sprawl through the use of innovative
7058	strategies and creative land use techniques.
7059	(6)  A receiving area may be designated only pursuant to
7060	procedures established in the local government's land
7061	development regulations. If receiving area designation requires
7062	the approval of the county board of county commissioners, such
7063	approval shall be by resolution with a simple majority vote.
7064	Before the commencement of development within a stewardship
7065	receiving area, a listed species survey must be performed for
7066	the area proposed for development. If listed species occur on
7067	the receiving area development site, the applicant must
7068	coordinate with each appropriate local, state, or federal agency
7069	to determine if adequate provisions have been made to protect
7070	those species in accordance with applicable regulations. In
7071	determining the adequacy of provisions for the protection of
7072	listed species and their habitats, the rural land stewardship
7073	area shall be considered as a whole, and the potential impacts
7074	and protective measures taken within areas to be developed as
7075	receiving areas shall be considered in conjunction with and
7076	compensated by lands set aside and protective measures taken
7077	within the designated sending areas.
7078	(7)  Upon the adoption of a plan amendment creating a rural
7079	land stewardship area, the local government shall, by ordinance,
7080	establish a rural land stewardship overlay zoning district,
7081	which shall provide the methodology for the creation,
7082	conveyance, and use of transferable rural land use credits,
7083	hereinafter referred to as stewardship credits, the assignment
7084	and application of which does not constitute a right to develop
7085	land or increase the density of land, except as provided by this
7086	section. The total amount of stewardship credits within the
7087	rural land stewardship area must enable the realization of the
7088	long-term vision and goals for the rural land stewardship area,
7089	which may take into consideration the anticipated effect of the
7090	proposed receiving areas. The estimated amount of receiving area
7091	shall be projected based on available data, and the development
7092	potential represented by the stewardship credits created within
7093	the rural land stewardship area must correlate to that amount.
7094	(8)  Stewardship credits are subject to the following
7095	limitations:
7096	(a)  Stewardship credits may exist only within a rural land
7097	stewardship area.
7098	(b)  Stewardship credits may be created only from lands
7099	designated as stewardship sending areas and may be used only on
7100	lands designated as stewardship receiving areas and then solely
7101	for the purpose of implementing innovative planning and
7102	development strategies and creative land use planning techniques
7103	adopted by the local government pursuant to this section.
7104	(c)  Stewardship credits assigned to a parcel of land
7105	within a rural land stewardship area shall cease to exist if the
7106	parcel of land is removed from the rural land stewardship area
7107	by plan amendment.
7108	(d)  Neither the creation of the rural land stewardship
7109	area by plan amendment nor the adoption of the rural land
7110	stewardship zoning overlay district by the local government may
7111	displace the underlying permitted uses or the density or
7112	intensity of land uses assigned to a parcel of land within the
7113	rural land stewardship area that existed before adoption of the
7114	plan amendment or zoning overlay district; however, once
7115	stewardship credits have been transferred from a designated
7116	sending area for use within a designated receiving area, the
7117	underlying density assigned to the designated sending area
7118	ceases to exist.
7119	(e)  The underlying permitted uses, density, or intensity
7120	on each parcel of land located within a rural land stewardship
7121	area may not be increased or decreased by the local government,
7122	except as a result of the conveyance or stewardship credits, as
7123	long as the parcel remains within the rural land stewardship
7124	area.
7125	(f)  Stewardship credits shall cease to exist on a parcel
7126	of land where the underlying density assigned to the parcel of
7127	land is used.
7128	(g)  An increase in the density or intensity of use on a
7129	parcel of land located within a designated receiving area may
7130	occur only through the assignment or use of stewardship credits
7131	and do not require a plan amendment. A change in the type of
7132	agricultural use on property within a rural land stewardship
7133	area is not considered a change in use or intensity of use and
7134	does not require any transfer of stewardship credits.
7135	(h)  A change in the density or intensity of land use on
7136	parcels located within receiving areas shall be specified in a
7137	development order that reflects the total number of stewardship
7138	credits assigned to the parcel of land and the infrastructure
7139	and support services necessary to provide for a functional mix
7140	of land uses corresponding to the plan of development.
7141	(i)  Land within a rural land stewardship area may be
7142	removed from the rural land stewardship area through a plan
7143	amendment.
7144	(j)  Stewardship credits may be assigned at different
7145	ratios of credits per acre according to the natural resource or
7146	other beneficial use characteristics of the land and according
7147	to the land use remaining after the transfer of credits, with
7148	the highest number of credits per acre assigned to the most
7149	environmentally valuable land or, in locations where the
7150	retention of open space and agricultural land is a priority, to
7151	such lands.
7152	(k)  Stewardship credits may be transferred from a sending
7153	area only after a stewardship easement is placed on the sending
7154	area land with assigned stewardship credits. A stewardship
7155	easement is a covenant or restrictive easement running with the
7156	land which specifies the allowable uses and development
7157	restrictions for the portion of a sending area from which
7158	stewardship credits have been transferred. The stewardship
7159	easement must be jointly held by the county and the Department
7160	of Environmental Protection, the Department of Agriculture and
7161	Consumer Services, a water management district, or a recognized
7162	statewide land trust.
7163	(9)  Owners of land within rural land stewardship sending
7164	areas should be provided other incentives, in addition to the
7165	use or conveyance of stewardship credits, to enter into rural
7166	land stewardship agreements, pursuant to existing law and rules
7167	adopted thereto, with state agencies, water management
7168	districts, the Fish and Wildlife Conservation Commission, and
7169	local governments to achieve mutually agreed upon objectives.
7170	Such incentives may include, but are not limited to, the
7171	following:
7172	(a)  Opportunity to accumulate transferable wetland and
7173	species habitat mitigation credits for use or sale.
7174	(b)  Extended permit agreements.
7175	(c)  Opportunities for recreational leases and ecotourism.
7176	(d)  Compensation for the achievement of specified land
7177	management activities of public benefit, including, but not
7178	limited to, facility siting and corridors, recreational leases,
7179	water conservation and storage, water reuse, wastewater
7180	recycling, water supply and water resource development, nutrient
7181	reduction, environmental restoration and mitigation, public
7182	recreation, listed species protection and recovery, and wildlife
7183	corridor management and enhancement.
7184	(e)  Option agreements for sale to public entities or
7185	private land conservation entities, in either fee or easement,
7186	upon achievement of specified conservation objectives.
7187	(10)  This section constitutes an overlay of land use
7188	options that provide economic and regulatory incentives for
7189	landowners outside of established and planned urban service
7190	areas to conserve and manage vast areas of land for the benefit
7191	of the state's citizens and natural environment while
7192	maintaining and enhancing the asset value of their landholdings.
7193	It is the intent of the Legislature that this section be
7194	implemented pursuant to law and rulemaking is not authorized.
7195	(11)  It is the intent of the Legislature that the rural
7196	land stewardship area located in Collier County, which was
7197	established pursuant to the requirements of a final order by the
7198	Governor and Cabinet, duly adopted as a growth management plan
7199	amendment by Collier County, and found in compliance with this
7200	chapter, be recognized as a statutory rural land stewardship
7201	area and be afforded the incentives in this section.
7202	Section 33.  Paragraph (a) of subsection (2) of section
7203	163.360, Florida Statutes, is amended to read:
7204	163.360  Community redevelopment plans.-
7205	(2)  The community redevelopment plan shall:
7206	(a)  Conform to the comprehensive plan for the county or
7207	municipality as prepared by the local planning agency under the
7208	Community Local Government Comprehensive Planning and Land
7209	Development Regulation Act.
7210	Section 34.  Paragraph (a) of subsection (3) and subsection
7211	(8) of section 163.516, Florida Statutes, are amended to read:
7212	163.516  Safe neighborhood improvement plans.-
7213	(3)  The safe neighborhood improvement plan shall:
7214	(a)  Be consistent with the adopted comprehensive plan for
7215	the county or municipality pursuant to the Community Local
7216	Government Comprehensive Planning and Land Development
7217	Regulation Act. No district plan shall be implemented unless the
7218	local governing body has determined said plan is consistent.
7219	(8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7220	the governing body of a municipality or county shall hold two
7221	public hearings to consider the board-adopted safe neighborhood
7222	improvement plan as an amendment or modification to the
7223	municipality's or county's adopted local comprehensive plan.
7224	Section 35.  Paragraph (f) of subsection (6), subsection
7225	(9), and paragraph (c) of subsection (11) of section 171.203,
7226	Florida Statutes, are amended to read:
7227	171.203  Interlocal service boundary agreement.-The
7228	governing body of a county and one or more municipalities or
7229	independent special districts within the county may enter into
7230	an interlocal service boundary agreement under this part. The
7231	governing bodies of a county, a municipality, or an independent
7232	special district may develop a process for reaching an
7233	interlocal service boundary agreement which provides for public
7234	participation in a manner that meets or exceeds the requirements
7235	of subsection (13), or the governing bodies may use the process
7236	established in this section.
7237	(6)  An interlocal service boundary agreement may address
7238	any issue concerning service delivery, fiscal responsibilities,
7239	or boundary adjustment. The agreement may include, but need not
7240	be limited to, provisions that:
7241	(f)  Establish a process for land use decisions consistent
7242	with part II of chapter 163, including those made jointly by the
7243	governing bodies of the county and the municipality, or allow a
7244	municipality to adopt land use changes consistent with part II
7245	of chapter 163 for areas that are scheduled to be annexed within
7246	the term of the interlocal agreement; however, the county
7247	comprehensive plan and land development regulations shall
7248	control until the municipality annexes the property and amends
7249	its comprehensive plan accordingly. Comprehensive plan
7250	amendments to incorporate the process established by this
7251	paragraph are exempt from the twice-per-year limitation under s.
7252	163.3187.
7253	(9)  Each local government that is a party to the
7254	interlocal service boundary agreement shall amend the
7255	intergovernmental coordination element of its comprehensive
7256	plan, as described in s. 163.3177(6)(h)1., no later than 6
7257	months following entry of the interlocal service boundary
7258	agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7259	required by this subsection are exempt from the twice-per-year
7260	limitation under s. 163.3187.
7261	(11)
7262	(c)  Any amendment required by paragraph (a) is exempt from
7263	the twice-per-year limitation under s. 163.3187.
7264	Section 36.  Section 186.513, Florida Statutes, is amended
7265	to read:
7266	186.513  Reports.-Each regional planning council shall
7267	prepare and furnish an annual report on its activities to the
7268	state land planning agency as defined in s. 163.3164(20) and the
7269	local general-purpose governments within its boundaries and,
7270	upon payment as may be established by the council, to any
7271	interested person. The regional planning councils shall make a
7272	joint report and recommendations to appropriate legislative
7273	committees.
7274	Section 37.  Section 186.515, Florida Statutes, is amended
7275	to read:
7276	186.515  Creation of regional planning councils under
7277	chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7278	186.515 is intended to repeal or limit the provisions of chapter
7279	163; however, the local general-purpose governments serving as
7280	voting members of the governing body of a regional planning
7281	council created pursuant to ss. 186.501-186.507, 186.513, and
7282	186.515 are not authorized to create a regional planning council
7283	pursuant to chapter 163 unless an agency, other than a regional
7284	planning council created pursuant to ss. 186.501-186.507,
7285	186.513, and 186.515, is designated to exercise the powers and
7286	duties in any one or more of ss. 163.3164(19) and 380.031(15);
7287	in which case, such a regional planning council is also without
7288	authority to exercise the powers and duties in s. 163.3164(19)
7289	or s. 380.031(15).
7290	Section 38.  Subsection (1) of section 189.415, Florida
7291	Statutes, is amended to read:
7292	189.415  Special district public facilities report.-
7293	(1)  It is declared to be the policy of this state to
7294	foster coordination between special districts and local general-
7295	purpose governments as those local general-purpose governments
7296	develop comprehensive plans under the Community Local Government
7297	Comprehensive Planning and Land Development Regulation Act,
7298	pursuant to part II of chapter 163.
7299	Section 39.  Subsection (3) of section 190.004, Florida
7300	Statutes, is amended to read:
7301	190.004  Preemption; sole authority.-
7302	(3)  The establishment of an independent community
7303	development district as provided in this act is not a
7304	development order within the meaning of chapter 380. All
7305	governmental planning, environmental, and land development laws,
7306	regulations, and ordinances apply to all development of the land
7307	within a community development district. Community development
7308	districts do not have the power of a local government to adopt a
7309	comprehensive plan, building code, or land development code, as
7310	those terms are defined in the Community Local Government
7311	Comprehensive Planning and Land Development Regulation Act. A
7312	district shall take no action which is inconsistent with
7313	applicable comprehensive plans, ordinances, or regulations of
7314	the applicable local general-purpose government.
7315	Section 40.  Paragraph (a) of subsection (1) of section
7316	190.005, Florida Statutes, is amended to read:
7317	190.005  Establishment of district.-
7318	(1)  The exclusive and uniform method for the establishment
7319	of a community development district with a size of 1,000 acres
7320	or more shall be pursuant to a rule, adopted under chapter 120
7321	by the Florida Land and Water Adjudicatory Commission, granting
7322	a petition for the establishment of a community development
7323	district.
7324	(a)  A petition for the establishment of a community
7325	development district shall be filed by the petitioner with the
7326	Florida Land and Water Adjudicatory Commission. The petition
7327	shall contain:
7328	1.  A metes and bounds description of the external
7329	boundaries of the district. Any real property within the
7330	external boundaries of the district which is to be excluded from
7331	the district shall be specifically described, and the last known
7332	address of all owners of such real property shall be listed. The
7333	petition shall also address the impact of the proposed district
7334	on any real property within the external boundaries of the
7335	district which is to be excluded from the district.
7336	2.  The written consent to the establishment of the
7337	district by all landowners whose real property is to be included
7338	in the district or documentation demonstrating that the
7339	petitioner has control by deed, trust agreement, contract, or
7340	option of 100 percent of the real property to be included in the
7341	district, and when real property to be included in the district
7342	is owned by a governmental entity and subject to a ground lease
7343	as described in s. 190.003(14), the written consent by such
7344	governmental entity.
7345	3.  A designation of five persons to be the initial members
7346	of the board of supervisors, who shall serve in that office
7347	until replaced by elected members as provided in s. 190.006.
7348	4.  The proposed name of the district.
7349	5.  A map of the proposed district showing current major
7350	trunk water mains and sewer interceptors and outfalls if in
7351	existence.
7352	6.  Based upon available data, the proposed timetable for
7353	construction of the district services and the estimated cost of
7354	constructing the proposed services. These estimates shall be
7355	submitted in good faith but are shall not be binding and may be
7356	subject to change.
7357	7.  A designation of the future general distribution,
7358	location, and extent of public and private uses of land proposed
7359	for the area within the district by the future land use plan
7360	element of the effective local government comprehensive plan of
7361	which all mandatory elements have been adopted by the applicable
7362	general-purpose local government in compliance with the
7363	Community Local Government Comprehensive Planning and Land
7364	Development Regulation Act.
7365	8.  A statement of estimated regulatory costs in accordance
7366	with the requirements of s. 120.541.
7367	Section 41.  Paragraph (i) of subsection (6) of section
7368	193.501, Florida Statutes, is amended to read:
7369	193.501  Assessment of lands subject to a conservation
7370	easement, environmentally endangered lands, or lands used for
7371	outdoor recreational or park purposes when land development
7372	rights have been conveyed or conservation restrictions have been
7373	covenanted.-
7374	(6)  The following terms whenever used as referred to in
7375	this section have the following meanings unless a different
7376	meaning is clearly indicated by the context:
7377	(i)  "Qualified as environmentally endangered" means land
7378	that has unique ecological characteristics, rare or limited
7379	combinations of geological formations, or features of a rare or
7380	limited nature constituting habitat suitable for fish, plants,
7381	or wildlife, and which, if subject to a development moratorium
7382	or one or more conservation easements or development
7383	restrictions appropriate to retaining such land or water areas
7384	predominantly in their natural state, would be consistent with
7385	the conservation, recreation and open space, and, if applicable,
7386	coastal protection elements of the comprehensive plan adopted by
7387	formal action of the local governing body pursuant to s.
7388	163.3161, the Community Local Government Comprehensive Planning
7389	and Land Development Regulation Act; or surface waters and
7390	wetlands, as determined by the methodology ratified in s.
7391	373.4211.
7392	Section 42.  Subsection (15) of section 287.042, Florida
7393	Statutes, is amended to read:
7394	287.042  Powers, duties, and functions.-The department
7395	shall have the following powers, duties, and functions:
7396	(15)  To enter into joint agreements with governmental
7397	agencies, as defined in s. 163.3164(10), for the purpose of
7398	pooling funds for the purchase of commodities or information
7399	technology that can be used by multiple agencies.
7400	(a)  Each agency that has been appropriated or has existing
7401	funds for such purchase, shall, upon contract award by the
7402	department, transfer their portion of the funds into the
7403	department's Operating Trust Fund for payment by the department.
7404	The funds shall be transferred by the Executive Office of the
7405	Governor pursuant to the agency budget amendment request
7406	provisions in chapter 216.
7407	(b)  Agencies that sign the joint agreements are
7408	financially obligated for their portion of the agreed-upon
7409	funds. If an agency becomes more than 90 days delinquent in
7410	paying the funds, the department shall certify to the Chief
7411	Financial Officer the amount due, and the Chief Financial
7412	Officer shall transfer the amount due to the Operating Trust
7413	Fund of the department from any of the agency's available funds.
7414	The Chief Financial Officer shall report these transfers and the
7415	reasons for the transfers to the Executive Office of the
7416	Governor and the legislative appropriations committees.
7417	Section 43.  Subsection (4) of section 288.063, Florida
7418	Statutes, is amended to read:
7419	288.063  Contracts for transportation projects.-
7420	(4)  The Office of Tourism, Trade, and Economic Development
7421	may adopt criteria by which transportation projects are to be
7422	reviewed and certified in accordance with s. 288.061. In
7423	approving transportation projects for funding, the Office of
7424	Tourism, Trade, and Economic Development shall consider factors
7425	including, but not limited to, the cost per job created or
7426	retained considering the amount of transportation funds
7427	requested; the average hourly rate of wages for jobs created;
7428	the reliance on the program as an inducement for the project's
7429	location decision; the amount of capital investment to be made
7430	by the business; the demonstrated local commitment; the location
7431	of the project in an enterprise zone designated pursuant to s.
7432	290.0055; the location of the project in a spaceport territory
7433	as defined in s. 331.304; the unemployment rate of the
7434	surrounding area; and the poverty rate of the community; and the
7435	adoption of an economic element as part of its local
7436	comprehensive plan in accordance with s. 163.3177(7)(j). The
7437	Office of Tourism, Trade, and Economic Development may contact
7438	any agency it deems appropriate for additional input regarding
7439	the approval of projects.
7440	Section 44.  Paragraph (a) of subsection (2), subsection
7441	(10), and paragraph (d) of subsection (12) of section 288.975,
7442	Florida Statutes, are amended to read:
7443	288.975  Military base reuse plans.-
7444	(2)  As used in this section, the term:
7445	(a)  "Affected local government" means a local government
7446	adjoining the host local government and any other unit of local
7447	government that is not a host local government but that is
7448	identified in a proposed military base reuse plan as providing,
7449	operating, or maintaining one or more public facilities as
7450	defined in s. 163.3164(24) on lands within or serving a military
7451	base designated for closure by the Federal Government.
7452	(10)  Within 60 days after receipt of a proposed military
7453	base reuse plan, these entities shall review and provide
7454	comments to the host local government. The commencement of this
7455	review period shall be advertised in newspapers of general
7456	circulation within the host local government and any affected
7457	local government to allow for public comment. No later than 180
7458	days after receipt and consideration of all comments, and the
7459	holding of at least two public hearings, the host local
7460	government shall adopt the military base reuse plan. The host
7461	local government shall comply with the notice requirements set
7462	forth in s. 163.3184(11)(15) to ensure full public participation
7463	in this planning process.
7464	(12)  Following receipt of a petition, the petitioning
7465	party or parties and the host local government shall seek
7466	resolution of the issues in dispute. The issues in dispute shall
7467	be resolved as follows:
7468	(d)  Within 45 days after receiving the report from the
7469	state land planning agency, the Administration Commission shall
7470	take action to resolve the issues in dispute. In deciding upon a
7471	proper resolution, the Administration Commission shall consider
7472	the nature of the issues in dispute, any requests for a formal
7473	administrative hearing pursuant to chapter 120, the compliance
7474	of the parties with this section, the extent of the conflict
7475	between the parties, the comparative hardships and the public
7476	interest involved. If the Administration Commission incorporates
7477	in its final order a term or condition that requires any local
7478	government to amend its local government comprehensive plan, the
7479	local government shall amend its plan within 60 days after the
7480	issuance of the order. Such amendment or amendments shall be
7481	exempt from the limitation of the frequency of plan amendments
7482	contained in s. 163.3187(1), and A public hearing on such
7483	amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
7484	shall not be required. The final order of the Administration
7485	Commission is subject to appeal pursuant to s. 120.68. If the
7486	order of the Administration Commission is appealed, the time for
7487	the local government to amend its plan shall be tolled during
7488	the pendency of any local, state, or federal administrative or
7489	judicial proceeding relating to the military base reuse plan.
7490	Section 45.  Subsection (4) of section 290.0475, Florida
7491	Statutes, is amended to read:
7492	290.0475  Rejection of grant applications; penalties for
7493	failure to meet application conditions.-Applications received
7494	for funding under all program categories shall be rejected
7495	without scoring only in the event that any of the following
7496	circumstances arise:
7497	(4)  The application is not consistent with the local
7498	government's comprehensive plan adopted pursuant to s.
7499	163.3184(7).
7500	Section 46.  Paragraph (c) of subsection (3) of section
7501	311.07, Florida Statutes, is amended to read:
7502	311.07  Florida seaport transportation and economic
7503	development funding.-
7504	(3)
7505	(c)  To be eligible for consideration by the council
7506	pursuant to this section, a project must be consistent with the
7507	port comprehensive master plan which is incorporated as part of
7508	the approved local government comprehensive plan as required by
7509	s. 163.3178(2)(k) or other provisions of the Community Local
7510	Government Comprehensive Planning and Land Development
7511	Regulation Act, part II of chapter 163.
7512	Section 47.  Subsection (1) of section 331.319, Florida
7513	Statutes, is amended to read:
7514	331.319  Comprehensive planning; building and safety
7515	codes.-The board of directors may:
7516	(1)  Adopt, and from time to time review, amend,
7517	supplement, or repeal, a comprehensive general plan for the
7518	physical development of the area within the spaceport territory
7519	in accordance with the objectives and purposes of this act and
7520	consistent with the comprehensive plans of the applicable county
7521	or counties and municipality or municipalities adopted pursuant
7522	to the Community Local Government Comprehensive Planning and
7523	Land Development Regulation Act, part II of chapter 163.
7524	Section 48.  Paragraph (e) of subsection (5) of section
7525	339.155, Florida Statutes, is amended to read:
7526	339.155  Transportation planning.-
7527	(5)  ADDITIONAL TRANSPORTATION PLANS.-
7528	(e)  The regional transportation plan developed pursuant to
7529	this section must, at a minimum, identify regionally significant
7530	transportation facilities located within a regional
7531	transportation area and contain a prioritized list of regionally
7532	significant projects. The level-of-service standards for
7533	facilities to be funded under this subsection shall be adopted
7534	by the appropriate local government in accordance with s.
7535	163.3180(10). The projects shall be adopted into the capital
7536	improvements schedule of the local government comprehensive plan
7537	pursuant to s. 163.3177(3).
7538	Section 49.  Paragraph (a) of subsection (4) of section
7539	339.2819, Florida Statutes, is amended to read:
7540	339.2819  Transportation Regional Incentive Program.-
7541	(4)(a)  Projects to be funded with Transportation Regional
7542	Incentive Program funds shall, at a minimum:
7543	1.  Support those transportation facilities that serve
7544	national, statewide, or regional functions and function as an
7545	integrated regional transportation system.
7546	2.  Be identified in the capital improvements element of a
7547	comprehensive plan that has been determined to be in compliance
7548	with part II of chapter 163, after July 1, 2005, or to implement
7549	a long-term concurrency management system adopted by a local
7550	government in accordance with s. 163.3180(9). Further, the
7551	project shall be in compliance with local government
7552	comprehensive plan policies relative to corridor management.
7553	3.  Be consistent with the Strategic Intermodal System Plan
7554	developed under s. 339.64.
7555	4.  Have a commitment for local, regional, or private
7556	financial matching funds as a percentage of the overall project
7557	cost.
7558	Section 50.  Subsection (5) of section 369.303, Florida
7559	Statutes, is amended to read:
7560	369.303  Definitions.-As used in this part:
7561	(5)  "Land development regulation" means a regulation
7562	covered by the definition in s. 163.3164(23) and any of the
7563	types of regulations described in s. 163.3202.
7564	Section 51.  Subsections (5) and (7) of section 369.321,
7565	Florida Statutes, are amended to read:
7566	369.321  Comprehensive plan amendments.-Except as otherwise
7567	expressly provided, by January 1, 2006, each local government
7568	within the Wekiva Study Area shall amend its local government
7569	comprehensive plan to include the following:
7570	(5)  Comprehensive plans and comprehensive plan amendments
7571	adopted by the local governments to implement this section shall
7572	be reviewed by the Department of Community Affairs pursuant to
7573	s. 163.3184, and shall be exempt from the provisions of s.
7574	163.3187(1).
7575	(7)  During the period prior to the adoption of the
7576	comprehensive plan amendments required by this act, any local
7577	comprehensive plan amendment adopted by a city or county that
7578	applies to land located within the Wekiva Study Area shall
7579	protect surface and groundwater resources and be reviewed by the
7580	Department of Community Affairs, pursuant to chapter 163 and
7581	chapter 9J-5, Florida Administrative Code, using best available
7582	data, including the information presented to the Wekiva River
7583	Basin Coordinating Committee.
7584	Section 52.  Subsection (1) of section 378.021, Florida
7585	Statutes, is amended to read:
7586	378.021  Master reclamation plan.-
7587	(1)  The Department of Environmental Protection shall amend
7588	the master reclamation plan that provides guidelines for the
7589	reclamation of lands mined or disturbed by the severance of
7590	phosphate rock prior to July 1, 1975, which lands are not
7591	subject to mandatory reclamation under part II of chapter 211.
7592	In amending the master reclamation plan, the Department of
7593	Environmental Protection shall continue to conduct an onsite
7594	evaluation of all lands mined or disturbed by the severance of
7595	phosphate rock prior to July 1, 1975, which lands are not
7596	subject to mandatory reclamation under part II of chapter 211.
7597	The master reclamation plan when amended by the Department of
7598	Environmental Protection shall be consistent with local
7599	government plans prepared pursuant to the Community Local
7600	Government Comprehensive Planning and Land Development
7601	Regulation Act.
7602	Section 53.  Subsection (10) of section 380.031, Florida
7603	Statutes, is amended to read:
7604	380.031  Definitions.-As used in this chapter:
7605	(10)  "Local comprehensive plan" means any or all local
7606	comprehensive plans or elements or portions thereof prepared,
7607	adopted, or amended pursuant to the Community Local Government
7608	Comprehensive Planning and Land Development Regulation Act, as
7609	amended.
7610	Section 54.  Paragraph (d) of subsection (2), paragraph (b)
7611	of subsection (6), paragraph (g) of subsection (15), paragraphs
7612	(b), (c), (e), and (f) of subsection (19), subsection (24),
7613	paragraph (e) of subsection (28), and paragraphs (a), (d), and
7614	(e) of subsection (29) of section 380.06, Florida Statutes, are
7615	amended to read:
7616	(2)  STATEWIDE GUIDELINES AND STANDARDS.-
7617	(d)  The guidelines and standards shall be applied as
7618	follows:
7619	1.  Fixed thresholds.-
7620	a.  A development that is below 100 percent of all
7621	numerical thresholds in the guidelines and standards shall not
7622	be required to undergo development-of-regional-impact review.
7623	b.  A development that is at or above 120 percent of any
7624	numerical threshold shall be required to undergo development-of-
7625	regional-impact review.
7626	c.  Projects certified under s. 403.973 which create at
7627	least 100 jobs and meet the criteria of the Office of Tourism,
7628	Trade, and Economic Development as to their impact on an area's
7629	economy, employment, and prevailing wage and skill levels that
7630	are at or below 100 percent of the numerical thresholds for
7631	industrial plants, industrial parks, distribution, warehousing
7632	or wholesaling facilities, office development or multiuse
7633	projects other than residential, as described in s.
7634	380.0651(3)(c), (d), and (f)(h), are not required to undergo
7635	development-of-regional-impact review.
7636	2.  Rebuttable presumption.-It shall be presumed that a
7637	development that is at 100 percent or between 100 and 120
7638	percent of a numerical threshold shall be required to undergo
7639	development-of-regional-impact review.
7640	(6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7641	PLAN AMENDMENTS.-
7642	(b)  Any local government comprehensive plan amendments
7643	related to a proposed development of regional impact, including
7644	any changes proposed under subsection (19), may be initiated by
7645	a local planning agency or the developer and must be considered
7646	by the local governing body at the same time as the application
7647	for development approval using the procedures provided for local
7648	plan amendment in s. 163.3187 or s. 163.3189 and applicable
7649	local ordinances, without regard to statutory or local ordinance
7650	limits on the frequency of consideration of amendments to the
7651	local comprehensive plan. Nothing in This paragraph does not
7652	shall be deemed to require favorable consideration of a plan
7653	amendment solely because it is related to a development of
7654	regional impact. The procedure for processing such comprehensive
7655	plan amendments is as follows:
7656	1.  If a developer seeks a comprehensive plan amendment
7657	related to a development of regional impact, the developer must
7658	so notify in writing the regional planning agency, the
7659	applicable local government, and the state land planning agency
7660	no later than the date of preapplication conference or the
7661	submission of the proposed change under subsection (19).
7662	2.  When filing the application for development approval or
7663	the proposed change, the developer must include a written
7664	request for comprehensive plan amendments that would be
7665	necessitated by the development-of-regional-impact approvals
7666	sought. That request must include data and analysis upon which
7667	the applicable local government can determine whether to
7668	transmit the comprehensive plan amendment pursuant to s.
7669	163.3184.
7670	3.  The local government must advertise a public hearing on
7671	the transmittal within 30 days after filing the application for
7672	development approval or the proposed change and must make a
7673	determination on the transmittal within 60 days after the
7674	initial filing unless that time is extended by the developer.
7675	4.  If the local government approves the transmittal,
7676	procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7677	followed.
7678	5.  Notwithstanding subsection (11) or subsection (19), the
7679	local government may not hold a public hearing on the
7680	application for development approval or the proposed change or
7681	on the comprehensive plan amendments sooner than 30 days from
7682	receipt of the response from the state land planning agency
7683	pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7684	local governments to adopt, adopt with changes, or not adopt
7685	plan amendments pursuant to s. 163.3184(7) shall not apply to
7686	concurrent plan amendments provided for in this subsection.
7687	6.  The local government must hear both the application for
7688	development approval or the proposed change and the
7689	comprehensive plan amendments at the same hearing. However, the
7690	local government must take action separately on the application
7691	for development approval or the proposed change and on the
7692	comprehensive plan amendments.
7693	7.  Thereafter, the appeal process for the local government
7694	development order must follow the provisions of s. 380.07, and
7695	the compliance process for the comprehensive plan amendments
7696	must follow the provisions of s. 163.3184.
7697	(15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.-
7698	(g)  A local government shall not issue permits for
7699	development subsequent to the buildout date contained in the
7700	development order unless:
7701	1.  The proposed development has been evaluated
7702	cumulatively with existing development under the substantial
7703	deviation provisions of subsection (19) subsequent to the
7704	termination or expiration date;
7705	2.  The proposed development is consistent with an
7706	abandonment of development order that has been issued in
7707	accordance with the provisions of subsection (26);
7708	3.  The development of regional impact is essentially built
7709	out, in that all the mitigation requirements in the development
7710	order have been satisfied, all developers are in compliance with
7711	all applicable terms and conditions of the development order
7712	except the buildout date, and the amount of proposed development
7713	that remains to be built is less than 40 20 percent of any
7714	applicable development-of-regional-impact threshold; or
7715	4.  The project has been determined to be an essentially
7716	built-out development of regional impact through an agreement
7717	executed by the developer, the state land planning agency, and
7718	the local government, in accordance with s. 380.032, which will
7719	establish the terms and conditions under which the development
7720	may be continued. If the project is determined to be essentially
7721	built out, development may proceed pursuant to the s. 380.032
7722	agreement after the termination or expiration date contained in
7723	the development order without further development-of-regional-
7724	impact review subject to the local government comprehensive plan
7725	and land development regulations or subject to a modified
7726	development-of-regional-impact analysis. As used in this
7727	paragraph, an "essentially built-out" development of regional
7728	impact means:
7729	a.  The developers are in compliance with all applicable
7730	terms and conditions of the development order except the
7731	buildout date; and
7732	b.(I)  The amount of development that remains to be built
7733	is less than the substantial deviation threshold specified in
7734	paragraph (19)(b) for each individual land use category, or, for
7735	a multiuse development, the sum total of all unbuilt land uses
7736	as a percentage of the applicable substantial deviation
7737	threshold is equal to or less than 100 percent; or
7738	(II)  The state land planning agency and the local
7739	government have agreed in writing that the amount of development
7740	to be built does not create the likelihood of any additional
7741	regional impact not previously reviewed.
7742
7743	The single-family residential portions of a development may be
7744	considered "essentially built out" if all of the workforce
7745	housing obligations and all of the infrastructure and horizontal
7746	development have been completed, at least 50 percent of the
7747	dwelling units have been completed, and more than 80 percent of
7748	the lots have been conveyed to third-party individual lot owners
7749	or to individual builders who own no more than 40 lots at the
7750	time of the determination. The mobile home park portions of a
7751	development may be considered "essentially built out" if all the
7752	infrastructure and horizontal development has been completed,
7753	and at least 50 percent of the lots are leased to individual
7754	mobile home owners.
7755	(19)  SUBSTANTIAL DEVIATIONS.-
7756	(b)  Any proposed change to a previously approved
7757	development of regional impact or development order condition
7758	which, either individually or cumulatively with other changes,
7759	exceeds any of the following criteria shall constitute a
7760	substantial deviation and shall cause the development to be
7761	subject to further development-of-regional-impact review without
7762	the necessity for a finding of same by the local government:
7763	1.  An increase in the number of parking spaces at an
7764	attraction or recreational facility by 15 10 percent or 500 330
7765	spaces, whichever is greater, or an increase in the number of
7766	spectators that may be accommodated at such a facility by 15 10
7767	percent or 1,500 1,100 spectators, whichever is greater.
7768	2.  A new runway, a new terminal facility, a 25-percent
7769	lengthening of an existing runway, or a 25-percent increase in
7770	the number of gates of an existing terminal, but only if the
7771	increase adds at least three additional gates.
7772	3.  An increase in industrial development area by 10
7773	percent or 35 acres, whichever is greater.
7774	4.  An increase in the average annual acreage mined by 10
7775	percent or 11 acres, whichever is greater, or an increase in the
7776	average daily water consumption by a mining operation by 10
7777	percent or 330,000 gallons, whichever is greater. A net increase
7778	in the size of the mine by 10 percent or 825 acres, whichever is
7779	less. For purposes of calculating any net increases in size,
7780	only additions and deletions of lands that have not been mined
7781	shall be considered. An increase in the size of a heavy mineral
7782	mine as defined in s. 378.403(7) will only constitute a
7783	substantial deviation if the average annual acreage mined is
7784	more than 550 acres and consumes more than 3.3 million gallons
7785	of water per day.
7786	3.5.  An increase in land area for office development by 15
7787	10 percent or an increase of gross floor area of office
7788	development by 15 10 percent or 100,000 66,000 gross square
7789	feet, whichever is greater.
7790	4.6.  An increase in the number of dwelling units by 10
7791	percent or 55 dwelling units, whichever is greater.
7792	5.7.  An increase in the number of dwelling units by 50
7793	percent or 200 units, whichever is greater, provided that 15
7794	percent of the proposed additional dwelling units are dedicated
7795	to affordable workforce housing, subject to a recorded land use
7796	restriction that shall be for a period of not less than 20 years
7797	and that includes resale provisions to ensure long-term
7798	affordability for income-eligible homeowners and renters and
7799	provisions for the workforce housing to be commenced prior to
7800	the completion of 50 percent of the market rate dwelling. For
7801	purposes of this subparagraph, the term "affordable workforce
7802	housing" means housing that is affordable to a person who earns
7803	less than 120 percent of the area median income, or less than
7804	140 percent of the area median income if located in a county in
7805	which the median purchase price for a single-family existing
7806	home exceeds the statewide median purchase price of a single-
7807	family existing home. For purposes of this subparagraph, the
7808	term "statewide median purchase price of a single-family
7809	existing home" means the statewide purchase price as determined
7810	in the Florida Sales Report, Single-Family Existing Homes,
7811	released each January by the Florida Association of Realtors and
7812	the University of Florida Real Estate Research Center.
7813	6.8.  An increase in commercial development by 60,000
7814	55,000 square feet of gross floor area or of parking spaces
7815	provided for customers for 425 330 cars or a 10-percent increase
7816	of either of these, whichever is greater.
7817	9.  An increase in hotel or motel rooms by 10 percent or 83
7818	rooms, whichever is greater.
7819	7.10.  An increase in a recreational vehicle park area by
7820	10 percent or 110 vehicle spaces, whichever is less.
7821	8.11.  A decrease in the area set aside for open space of 5
7822	percent or 20 acres, whichever is less.
7823	9.12.  A proposed increase to an approved multiuse
7824	development of regional impact where the sum of the increases of
7825	each land use as a percentage of the applicable substantial
7826	deviation criteria is equal to or exceeds 110 percent. The
7827	percentage of any decrease in the amount of open space shall be
7828	treated as an increase for purposes of determining when 110
7829	percent has been reached or exceeded.
7830	10.13.  A 15-percent increase in the number of external
7831	vehicle trips generated by the development above that which was
7832	projected during the original development-of-regional-impact
7833	review.
7834	11.14.  Any change which would result in development of any
7835	area which was specifically set aside in the application for
7836	development approval or in the development order for
7837	preservation or special protection of endangered or threatened
7838	plants or animals designated as endangered, threatened, or
7839	species of special concern and their habitat, any species
7840	protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
7841	archaeological and historical sites designated as significant by
7842	the Division of Historical Resources of the Department of State.
7843	The refinement of the boundaries and configuration of such areas
7844	shall be considered under sub-subparagraph (e)2.j.
7845
7846	The substantial deviation numerical standards in subparagraphs
7847	3., 6., and 5., 8., 9., and 12., excluding residential uses, and
7848	in subparagraph 10. 13., are increased by 100 percent for a
7849	project certified under s. 403.973 which creates jobs and meets
7850	criteria established by the Office of Tourism, Trade, and
7851	Economic Development as to its impact on an area's economy,
7852	employment, and prevailing wage and skill levels. The
7853	substantial deviation numerical standards in subparagraphs 3.,
7854	4. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50
7855	percent for a project located wholly within an urban infill and
7856	redevelopment area designated on the applicable adopted local
7857	comprehensive plan future land use map and not located within
7858	the coastal high hazard area.
7859	(c)  An extension of the date of buildout of a development,
7860	or any phase thereof, by more than 7 years is presumed to create
7861	a substantial deviation subject to further development-of-
7862	regional-impact review.
7863	1.  An extension of the date of buildout, or any phase
7864	thereof, of more than 5 years but not more than 7 years is
7865	presumed not to create a substantial deviation. The extension of
7866	the date of buildout of an areawide development of regional
7867	impact by more than 5 years but less than 10 years is presumed
7868	not to create a substantial deviation. These presumptions may be
7869	rebutted by clear and convincing evidence at the public hearing
7870	held by the local government. An extension of 5 years or less is
7871	not a substantial deviation.
7872	2.  In recognition of the 2011 real estate market
7873	conditions, at the option of the developer, all commencement,
7874	phase, buildout, and expiration dates for projects that are
7875	currently valid developments of regional impact are extended for
7876	4 years regardless of any previous extension. Associated
7877	mitigation requirements are extended for the same period unless,
7878	before December 1, 2011, a governmental entity notifies a
7879	developer that has commenced any construction within the phase
7880	for which the mitigation is required that the local government
7881	has entered into a contract for construction of a facility with
7882	funds to be provided from the development's mitigation funds for
7883	that phase as specified in the development order or written
7884	agreement with the developer. The 4-year extension is not a
7885	substantial deviation, is not subject to further development-of-
7886	regional-impact review, and may not be considered when
7887	determining whether a subsequent extension is a substantial
7888	deviation under this subsection. The developer must notify the
7889	local government in writing by December 31, 2011, in order to
7890	receive the 4-year extension.
7891
7892	For the purpose of calculating when a buildout or phase date has
7893	been exceeded, the time shall be tolled during the pendency of
7894	administrative or judicial proceedings relating to development
7895	permits. Any extension of the buildout date of a project or a
7896	phase thereof shall automatically extend the commencement date
7897	of the project, the termination date of the development order,
7898	the expiration date of the development of regional impact, and
7899	the phases thereof if applicable by a like period of time. In
7900	recognition of the 2007 real estate market conditions, all
7901	phase, buildout, and expiration dates for projects that are
7902	developments of regional impact and under active construction on
7903	July 1, 2007, are extended for 3 years regardless of any prior
7904	extension. The 3-year extension is not a substantial deviation,
7905	is not subject to further development-of-regional-impact review,
7906	and may not be considered when determining whether a subsequent
7907	extension is a substantial deviation under this subsection.
7908	(e)1.  Except for a development order rendered pursuant to
7909	subsection (22) or subsection (25), a proposed change to a
7910	development order that individually or cumulatively with any
7911	previous change is less than any numerical criterion contained
7912	in subparagraphs (b)1.-10.1.-13. and does not exceed any other
7913	criterion, or that involves an extension of the buildout date of
7914	a development, or any phase thereof, of less than 5 years is not
7915	subject to the public hearing requirements of subparagraph
7916	(f)3., and is not subject to a determination pursuant to
7917	subparagraph (f)5. Notice of the proposed change shall be made
7918	to the regional planning council and the state land planning
7919	agency. Such notice shall include a description of previous
7920	individual changes made to the development, including changes
7921	previously approved by the local government, and shall include
7922	appropriate amendments to the development order.
7923	2.  The following changes, individually or cumulatively
7924	with any previous changes, are not substantial deviations:
7925	a.  Changes in the name of the project, developer, owner,
7926	or monitoring official.
7927	b.  Changes to a setback that do not affect noise buffers,
7928	environmental protection or mitigation areas, or archaeological
7929	or historical resources.
7930	c.  Changes to minimum lot sizes.
7931	d.  Changes in the configuration of internal roads that do
7932	not affect external access points.
7933	e.  Changes to the building design or orientation that stay
7934	approximately within the approved area designated for such
7935	building and parking lot, and which do not affect historical
7936	buildings designated as significant by the Division of
7937	Historical Resources of the Department of State.
7938	f.  Changes to increase the acreage in the development,
7939	provided that no development is proposed on the acreage to be
7940	added.
7941	g.  Changes to eliminate an approved land use, provided
7942	that there are no additional regional impacts.
7943	h.  Changes required to conform to permits approved by any
7944	federal, state, or regional permitting agency, provided that
7945	these changes do not create additional regional impacts.
7946	i.  Any renovation or redevelopment of development within a
7947	previously approved development of regional impact which does
7948	not change land use or increase density or intensity of use.
7949	j.  Changes that modify boundaries and configuration of
7950	areas described in subparagraph (b)11.14. due to science-based
7951	refinement of such areas by survey, by habitat evaluation, by
7952	other recognized assessment methodology, or by an environmental
7953	assessment. In order for changes to qualify under this sub-
7954	subparagraph, the survey, habitat evaluation, or assessment must
7955	occur prior to the time a conservation easement protecting such
7956	lands is recorded and must not result in any net decrease in the
7957	total acreage of the lands specifically set aside for permanent
7958	preservation in the final development order.
7959	k.  Any other change which the state land planning agency,
7960	in consultation with the regional planning council, agrees in
7961	writing is similar in nature, impact, or character to the
7962	changes enumerated in sub-subparagraphs a.-j. and which does not
7963	create the likelihood of any additional regional impact.
7964
7965	This subsection does not require the filing of a notice of
7966	proposed change but shall require an application to the local
7967	government to amend the development order in accordance with the
7968	local government's procedures for amendment of a development
7969	order. In accordance with the local government's procedures,
7970	including requirements for notice to the applicant and the
7971	public, the local government shall either deny the application
7972	for amendment or adopt an amendment to the development order
7973	which approves the application with or without conditions.
7974	Following adoption, the local government shall render to the
7975	state land planning agency the amendment to the development
7976	order. The state land planning agency may appeal, pursuant to s.
7977	380.07(3), the amendment to the development order if the
7978	amendment involves sub-subparagraph g., sub-subparagraph h.,
7979	sub-subparagraph j., or sub-subparagraph k., and it believes the
7980	change creates a reasonable likelihood of new or additional
7981	regional impacts.
7982	3.  Except for the change authorized by sub-subparagraph
7983	2.f., any addition of land not previously reviewed or any change
7984	not specified in paragraph (b) or paragraph (c) shall be
7985	presumed to create a substantial deviation. This presumption may
7986	be rebutted by clear and convincing evidence.
7987	4.  Any submittal of a proposed change to a previously
7988	approved development shall include a description of individual
7989	changes previously made to the development, including changes
7990	previously approved by the local government. The local
7991	government shall consider the previous and current proposed
7992	changes in deciding whether such changes cumulatively constitute
7993	a substantial deviation requiring further development-of-
7994	regional-impact review.
7995	5.  The following changes to an approved development of
7996	regional impact shall be presumed to create a substantial
7997	deviation. Such presumption may be rebutted by clear and
7998	convincing evidence.
7999	a.  A change proposed for 15 percent or more of the acreage
8000	to a land use not previously approved in the development order.
8001	Changes of less than 15 percent shall be presumed not to create
8002	a substantial deviation.
8003	b.  Notwithstanding any provision of paragraph (b) to the
8004	contrary, a proposed change consisting of simultaneous increases
8005	and decreases of at least two of the uses within an authorized
8006	multiuse development of regional impact which was originally
8007	approved with three or more uses specified in s. 380.0651(3)(c),
8008	(d), and (e), and (f) and residential use.
8009	6.  If a local government agrees to a proposed change, a
8010	change in the transportation proportionate share calculation and
8011	mitigation plan in an adopted development order as a result of
8012	recalculation of the proportionate share contribution meeting
8013	the requirements of s. 163.3180(5)(h) in effect as of the date
8014	of such change shall be presumed not to create a substantial
8015	deviation. For purposes of this subsection, the proposed change
8016	in the proportionate share calculation or mitigation plan shall
8017	not be considered an additional regional transportation impact.
8018	(f)1.  The state land planning agency shall establish by
8019	rule standard forms for submittal of proposed changes to a
8020	previously approved development of regional impact which may
8021	require further development-of-regional-impact review. At a
8022	minimum, the standard form shall require the developer to
8023	provide the precise language that the developer proposes to
8024	delete or add as an amendment to the development order.
8025	2.  The developer shall submit, simultaneously, to the
8026	local government, the regional planning agency, and the state
8027	land planning agency the request for approval of a proposed
8028	change.
8029	3.  No sooner than 30 days but no later than 45 days after
8030	submittal by the developer to the local government, the state
8031	land planning agency, and the appropriate regional planning
8032	agency, the local government shall give 15 days' notice and
8033	schedule a public hearing to consider the change that the
8034	developer asserts does not create a substantial deviation. This
8035	public hearing shall be held within 60 days after submittal of
8036	the proposed changes, unless that time is extended by the
8037	developer.
8038	4.  The appropriate regional planning agency or the state
8039	land planning agency shall review the proposed change and, no
8040	later than 45 days after submittal by the developer of the
8041	proposed change, unless that time is extended by the developer,
8042	and prior to the public hearing at which the proposed change is
8043	to be considered, shall advise the local government in writing
8044	whether it objects to the proposed change, shall specify the
8045	reasons for its objection, if any, and shall provide a copy to
8046	the developer.
8047	5.  At the public hearing, the local government shall
8048	determine whether the proposed change requires further
8049	development-of-regional-impact review. The provisions of
8050	paragraphs (a) and (e), the thresholds set forth in paragraph
8051	(b), and the presumptions set forth in paragraphs (c) and (d)
8052	and subparagraph (e)3. shall be applicable in determining
8053	whether further development-of-regional-impact review is
8054	required. The local government may also deny the proposed change
8055	based on matters relating to local issues, such as if the land
8056	on which the change is sought is plat restricted in a way that
8057	would be incompatible with the proposed change, and the local
8058	government does not wish to change the plat restriction as part
8059	of the proposed change.
8060	6.  If the local government determines that the proposed
8061	change does not require further development-of-regional-impact
8062	review and is otherwise approved, or if the proposed change is
8063	not subject to a hearing and determination pursuant to
8064	subparagraphs 3. and 5. and is otherwise approved, the local
8065	government shall issue an amendment to the development order
8066	incorporating the approved change and conditions of approval
8067	relating to the change. The requirement that a change be
8068	otherwise approved shall not be construed to require additional
8069	local review or approval if the change is allowed by applicable
8070	local ordinances without further local review or approval. The
8071	decision of the local government to approve, with or without
8072	conditions, or to deny the proposed change that the developer
8073	asserts does not require further review shall be subject to the
8074	appeal provisions of s. 380.07. However, the state land planning
8075	agency may not appeal the local government decision if it did
8076	not comply with subparagraph 4. The state land planning agency
8077	may not appeal a change to a development order made pursuant to
8078	subparagraph (e)1. or subparagraph (e)2. for developments of
8079	regional impact approved after January 1, 1980, unless the
8080	change would result in a significant impact to a regionally
8081	significant archaeological, historical, or natural resource not
8082	previously identified in the original development-of-regional-
8083	impact review.
8084	(24)  STATUTORY EXEMPTIONS.-
8085	(a)  Any proposed hospital is exempt from the provisions of
8086	this section.
8087	(b)  Any proposed electrical transmission line or
8088	electrical power plant is exempt from the provisions of this
8089	section.
8090	(c)  Any proposed addition to an existing sports facility
8091	complex is exempt from the provisions of this section if the
8092	addition meets the following characteristics:
8093	1.  It would not operate concurrently with the scheduled
8094	hours of operation of the existing facility.
8095	2.  Its seating capacity would be no more than 75 percent
8096	of the capacity of the existing facility.
8097	3.  The sports facility complex property is owned by a
8098	public body prior to July 1, 1983.
8099
8100	This exemption does not apply to any pari-mutuel facility.
8101	(d)  Any proposed addition or cumulative additions
8102	subsequent to July 1, 1988, to an existing sports facility
8103	complex owned by a state university is exempt if the increased
8104	seating capacity of the complex is no more than 30 percent of
8105	the capacity of the existing facility.
8106	(e)  Any addition of permanent seats or parking spaces for
8107	an existing sports facility located on property owned by a
8108	public body prior to July 1, 1973, is exempt from the provisions
8109	of this section if future additions do not expand existing
8110	permanent seating or parking capacity more than 15 percent
8111	annually in excess of the prior year's capacity.
8112	(f)  Any increase in the seating capacity of an existing
8113	sports facility having a permanent seating capacity of at least
8114	50,000 spectators is exempt from the provisions of this section,
8115	provided that such an increase does not increase permanent
8116	seating capacity by more than 5 percent per year and not to
8117	exceed a total of 10 percent in any 5-year period, and provided
8118	that the sports facility notifies the appropriate local
8119	government within which the facility is located of the increase
8120	at least 6 months prior to the initial use of the increased
8121	seating, in order to permit the appropriate local government to
8122	develop a traffic management plan for the traffic generated by
8123	the increase. Any traffic management plan shall be consistent
8124	with the local comprehensive plan, the regional policy plan, and
8125	the state comprehensive plan.
8126	(g)  Any expansion in the permanent seating capacity or
8127	additional improved parking facilities of an existing sports
8128	facility is exempt from the provisions of this section, if the
8129	following conditions exist:
8130	1.a.  The sports facility had a permanent seating capacity
8131	on January 1, 1991, of at least 41,000 spectator seats;
8132	b.  The sum of such expansions in permanent seating
8133	capacity does not exceed a total of 10 percent in any 5-year
8134	period and does not exceed a cumulative total of 20 percent for
8135	any such expansions; or
8136	c.  The increase in additional improved parking facilities
8137	is a one-time addition and does not exceed 3,500 parking spaces
8138	serving the sports facility; and
8139	2.  The local government having jurisdiction of the sports
8140	facility includes in the development order or development permit
8141	approving such expansion under this paragraph a finding of fact
8142	that the proposed expansion is consistent with the
8143	transportation, water, sewer and stormwater drainage provisions
8144	of the approved local comprehensive plan and local land
8145	development regulations relating to those provisions.
8146
8147	Any owner or developer who intends to rely on this statutory
8148	exemption shall provide to the department a copy of the local
8149	government application for a development permit. Within 45 days
8150	of receipt of the application, the department shall render to
8151	the local government an advisory and nonbinding opinion, in
8152	writing, stating whether, in the department's opinion, the
8153	prescribed conditions exist for an exemption under this
8154	paragraph. The local government shall render the development
8155	order approving each such expansion to the department. The
8156	owner, developer, or department may appeal the local government
8157	development order pursuant to s. 380.07, within 45 days after
8158	the order is rendered. The scope of review shall be limited to
8159	the determination of whether the conditions prescribed in this
8160	paragraph exist. If any sports facility expansion undergoes
8161	development-of-regional-impact review, all previous expansions
8162	which were exempt under this paragraph shall be included in the
8163	development-of-regional-impact review.
8164	(h)  Expansion to port harbors, spoil disposal sites,
8165	navigation channels, turning basins, harbor berths, and other
8166	related inwater harbor facilities of ports listed in s.
8167	403.021(9)(b), port transportation facilities and projects
8168	listed in s. 311.07(3)(b), and intermodal transportation
8169	facilities identified pursuant to s. 311.09(3) are exempt from
8170	the provisions of this section when such expansions, projects,
8171	or facilities are consistent with comprehensive master plans
8172	that are in compliance with the provisions of s. 163.3178.
8173	(i)  Any proposed facility for the storage of any petroleum
8174	product or any expansion of an existing facility is exempt from
8175	the provisions of this section.
8176	(j)  Any renovation or redevelopment within the same land
8177	parcel which does not change land use or increase density or
8178	intensity of use.
8179	(k)  Waterport and marina development, including dry
8180	storage facilities, are exempt from the provisions of this
8181	section.
8182	(l)  Any proposed development within an urban service
8183	boundary established under s. 163.3177(14), which is not
8184	otherwise exempt pursuant to subsection (29), is exempt from the
8185	provisions of this section if the local government having
8186	jurisdiction over the area where the development is proposed has
8187	adopted the urban service boundary, has entered into a binding
8188	agreement with jurisdictions that would be impacted and with the
8189	Department of Transportation regarding the mitigation of impacts
8190	on state and regional transportation facilities, and has adopted
8191	a proportionate share methodology pursuant to s. 163.3180(16).
8192	(m)  Any proposed development within a rural land
8193	stewardship area created under s. 163.3248 163.3177(11)(d) is
8194	exempt from the provisions of this section if the local
8195	government that has adopted the rural land stewardship area has
8196	entered into a binding agreement with jurisdictions that would
8197	be impacted and the Department of Transportation regarding the
8198	mitigation of impacts on state and regional transportation
8199	facilities, and has adopted a proportionate share methodology
8200	pursuant to s. 163.3180(16).
8201	(n)  The establishment, relocation, or expansion of any
8202	military installation as defined in s. 163.3175, is exempt from
8203	this section.
8204	(o)  Any self-storage warehousing that does not allow
8205	retail or other services is exempt from this section.
8206	(p)  Any proposed nursing home or assisted living facility
8207	is exempt from this section.
8208	(q)  Any development identified in an airport master plan
8209	and adopted into the comprehensive plan pursuant to s.
8210	163.3177(6)(k) is exempt from this section.
8211	(r)  Any development identified in a campus master plan and
8212	adopted pursuant to s. 1013.30 is exempt from this section.
8213	(s)  Any development in a detailed specific area plan which
8214	is prepared and adopted pursuant to s. 163.3245 and adopted into
8215	the comprehensive plan is exempt from this section.
8216	(t)  Any proposed solid mineral mine and any proposed
8217	addition to, expansion of, or change to an existing solid
8218	mineral mine is exempt from this section. A mine owner will
8219	enter into a binding agreement with the Department of
8220	Transportation to mitigate impacts to strategic intermodal
8221	system facilities pursuant to the transportation thresholds in
8222	380.06(19) or rule 9J-2.045(6), Florida Administrative Code.
8223	Proposed changes to any previously approved solid mineral mine
8224	development-of-regional-impact development orders having vested
8225	rights is not subject to further review or approval as a
8226	development-of-regional-impact or notice-of-proposed-change
8227	review or approval pursuant to subsection (19), except for those
8228	applications pending as of July 1, 2011, which shall be governed
8229	by s. 380.115(2). Notwithstanding the foregoing, however,
8230	pursuant to s. 380.115(1), previously approved solid mineral
8231	mine development-of-regional-impact development orders shall
8232	continue to enjoy vested rights and continue to be effective
8233	unless rescinded by the developer. All local government
8234	regulations of proposed solid mineral mines shall be applicable
8235	to any new solid mineral mine or to any proposed addition to,
8236	expansion of, or change to an existing solid mineral mine.
8237	(u)  Notwithstanding any provisions in an agreement with or
8238	among a local government, regional agency, or the state land
8239	planning agency or in a local government's comprehensive plan to
8240	the contrary, a project no longer subject to development-of-
8241	regional-impact review under revised thresholds is not required
8242	to undergo such review.
8243	(v)(t)  Any development within a county with a research and
8244	education authority created by special act and that is also
8245	within a research and development park that is operated or
8246	managed by a research and development authority pursuant to part
8247	V of chapter 159 is exempt from this section.
8248
8249	If a use is exempt from review as a development of regional
8250	impact under paragraphs (a)-(u) (a)-(s), but will be part of a
8251	larger project that is subject to review as a development of
8252	regional impact, the impact of the exempt use must be included
8253	in the review of the larger project, unless such exempt use
8254	involves a development of regional impact that includes a
8255	landowner, tenant, or user that has entered into a funding
8256	agreement with the Office of Tourism, Trade, and Economic
8257	Development under the Innovation Incentive Program and the
8258	agreement contemplates a state award of at least $50 million.
8259	(28)  PARTIAL STATUTORY EXEMPTIONS.-
8260	(e)  The vesting provision of s. 163.3167(5)(8) relating to
8261	an authorized development of regional impact does shall not
8262	apply to those projects partially exempt from the development-
8263	of-regional-impact review process under paragraphs (a)-(d).
8264	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
8265	(a)  The following are exempt from this section:
8266	1.  Any proposed development in a municipality that has an
8267	average of at least 1,000 people per square mile of land area
8268	and a minimum total population of at least 5,000 qualifies as a
8269	dense urban land area as defined in s. 163.3164;
8270	2.  Any proposed development within a county, including the
8271	municipalities located in the county, that has an average of at
8272	least 1,000 people per square mile of land area qualifies as a
8273	dense urban land area as defined in s. 163.3164 and that is
8274	located within an urban service area as defined in s. 163.3164
8275	which has been adopted into the comprehensive plan; or
8276	3.  Any proposed development within a county, including the
8277	municipalities located therein, which has a population of at
8278	least 900,000, that has an average of at least 1,000 people per
8279	square mile of land area which qualifies as a dense urban land
8280	area under s. 163.3164, but which does not have an urban service
8281	area designated in the comprehensive plan; or
8282	4.  Any proposed development within a county, including the
8283	municipalities located therein, which has a population of at
8284	least 1 million and is located within an urban service area as
8285	defined in s. 163.3164 which has been adopted into the
8286	comprehensive plan.
8287
8288	The Office of Economic and Demographic Research within the
8289	Legislature shall annually calculate the population and density
8290	criteria needed to determine which jurisdictions meet the
8291	density criteria in subparagraphs 1.-4. by using the most recent
8292	land area data from the decennial census conducted by the Bureau
8293	of the Census of the United States Department of Commerce and
8294	the latest available population estimates determined pursuant to
8295	s. 186.901. If any local government has had an annexation,
8296	contraction, or new incorporation, the Office of Economic and
8297	Demographic Research shall determine the population density
8298	using the new jurisdictional boundaries as recorded in
8299	accordance with s. 171.091. The Office of Economic and
8300	Demographic Research shall annually submit to the state land
8301	planning agency by July 1 a list of jurisdictions that meet the
8302	total population and density criteria. The state land planning
8303	agency shall publish the list of jurisdictions on its Internet
8304	website within 7 days after the list is received. The
8305	designation of jurisdictions that meet the criteria of
8306	subparagraphs 1.-4. is effective upon publication on the state
8307	land planning agency's Internet website. If a municipality that
8308	has previously met the criteria no longer meets the criteria,
8309	the state land planning agency shall maintain the municipality
8310	on the list and indicate the year the jurisdiction last met the
8311	criteria. However, any proposed development of regional impact
8312	not within the established boundaries of a municipality at the
8313	time the municipality last met the criteria must meet the
8314	requirements of this section until such time as the municipality
8315	as a whole meets the criteria. Any county that meets the
8316	criteria shall remain on the list in accordance with the
8317	provisions of this paragraph. Any jurisdiction that was placed
8318	on the dense urban land area list before the effective date of
8319	this act shall remain on the list in accordance with the
8320	provisions of this paragraph.
8321	(d)  A development that is located partially outside an
8322	area that is exempt from the development-of-regional-impact
8323	program must undergo development-of-regional-impact review
8324	pursuant to this section. However, if the total acreage that is
8325	included within the area exempt from development-of-regional-
8326	impact review exceeds 85 percent of the total acreage and square
8327	footage of the approved development of regional impact, the
8328	development-of-regional-impact development order may be
8329	rescinded in both local governments pursuant to s. 380.115(1),
8330	unless the portion of the development outside the exempt area
8331	meets the threshold criteria of a development-of-regional-
8332	impact.
8333	(e)  In an area that is exempt under paragraphs (a)-(c),
8334	any previously approved development-of-regional-impact
8335	development orders shall continue to be effective, but the
8336	developer has the option to be governed by s. 380.115(1). A
8337	pending application for development approval shall be governed
8338	by s. 380.115(2). A development that has a pending application
8339	for a comprehensive plan amendment and that elects not to
8340	continue development-of-regional-impact review is exempt from
8341	the limitation on plan amendments set forth in s. 163.3187(1)
8342	for the year following the effective date of the exemption.
8343	Section 55.  Subsection (3) and paragraph (a) of subsection
8344	(4) of section 380.0651, Florida Statutes, are amended to read:
8345	380.0651  Statewide guidelines and standards.-
8346	(3)  The following statewide guidelines and standards shall
8347	be applied in the manner described in s. 380.06(2) to determine
8348	whether the following developments shall be required to undergo
8349	development-of-regional-impact review:
8350	(a)  Airports.-
8351	1.  Any of the following airport construction projects
8352	shall be a development of regional impact:
8353	a.  A new commercial service or general aviation airport
8354	with paved runways.
8355	b.  A new commercial service or general aviation paved
8356	runway.
8357	c.  A new passenger terminal facility.
8358	2.  Lengthening of an existing runway by 25 percent or an
8359	increase in the number of gates by 25 percent or three gates,
8360	whichever is greater, on a commercial service airport or a
8361	general aviation airport with regularly scheduled flights is a
8362	development of regional impact. However, expansion of existing
8363	terminal facilities at a nonhub or small hub commercial service
8364	airport shall not be a development of regional impact.
8365	3.  Any airport development project which is proposed for
8366	safety, repair, or maintenance reasons alone and would not have
8367	the potential to increase or change existing types of aircraft
8368	activity is not a development of regional impact.
8369	Notwithstanding subparagraphs 1. and 2., renovation,
8370	modernization, or replacement of airport airside or terminal
8371	facilities that may include increases in square footage of such
8372	facilities but does not increase the number of gates or change
8373	the existing types of aircraft activity is not a development of
8374	regional impact.
8375	(b)  Attractions and recreation facilities.-Any sports,
8376	entertainment, amusement, or recreation facility, including, but
8377	not limited to, a sports arena, stadium, racetrack, tourist
8378	attraction, amusement park, or pari-mutuel facility, the
8379	construction or expansion of which:
8380	1.  For single performance facilities:
8381	a.  Provides parking spaces for more than 2,500 cars; or
8382	b.  Provides more than 10,000 permanent seats for
8383	spectators.
8384	2.  For serial performance facilities:
8385	a.  Provides parking spaces for more than 1,000 cars; or
8386	b.  Provides more than 4,000 permanent seats for
8387	spectators.
8388
8389	For purposes of this subsection, "serial performance facilities"
8390	means those using their parking areas or permanent seating more
8391	than one time per day on a regular or continuous basis.
8392	3.  For multiscreen movie theaters of at least 8 screens
8393	and 2,500 seats:
8394	a.  Provides parking spaces for more than 1,500 cars; or
8395	b.  Provides more than 6,000 permanent seats for
8396	spectators.
8397	(c)  Industrial plants, industrial parks, and distribution,
8398	warehousing or wholesaling facilities.-Any proposed industrial,
8399	manufacturing, or processing plant, or distribution,
8400	warehousing, or wholesaling facility, excluding wholesaling
8401	developments which deal primarily with the general public
8402	onsite, under common ownership, or any proposed industrial,
8403	manufacturing, or processing activity or distribution,
8404	warehousing, or wholesaling activity, excluding wholesaling
8405	activities which deal primarily with the general public onsite,
8406	which:
8407	1.  Provides parking for more than 2,500 motor vehicles; or
8408	2.  Occupies a site greater than 320 acres.
8409	(c)(d)  Office development.-Any proposed office building or
8410	park operated under common ownership, development plan, or
8411	management that:
8412	1.  Encompasses 300,000 or more square feet of gross floor
8413	area; or
8414	2.  Encompasses more than 600,000 square feet of gross
8415	floor area in a county with a population greater than 500,000
8416	and only in a geographic area specifically designated as highly
8417	suitable for increased threshold intensity in the approved local
8418	comprehensive plan.
8419	(d)(e)  Retail and service development.-Any proposed
8420	retail, service, or wholesale business establishment or group of
8421	establishments which deals primarily with the general public
8422	onsite, operated under one common property ownership,
8423	development plan, or management that:
8424	1.  Encompasses more than 400,000 square feet of gross
8425	area; or
8426	2.  Provides parking spaces for more than 2,500 cars.
8427	(f)  Hotel or motel development.-
8428	1.  Any proposed hotel or motel development that is planned
8429	to create or accommodate 350 or more units; or
8430	2.  Any proposed hotel or motel development that is planned
8431	to create or accommodate 750 or more units, in a county with a
8432	population greater than 500,000.
8433	(e)(g)  Recreational vehicle development.-Any proposed
8434	recreational vehicle development planned to create or
8435	accommodate 500 or more spaces.
8436	(f)(h)  Multiuse development.-Any proposed development with
8437	two or more land uses where the sum of the percentages of the
8438	appropriate thresholds identified in chapter 28-24, Florida
8439	Administrative Code, or this section for each land use in the
8440	development is equal to or greater than 145 percent. Any
8441	proposed development with three or more land uses, one of which
8442	is residential and contains at least 100 dwelling units or 15
8443	percent of the applicable residential threshold, whichever is
8444	greater, where the sum of the percentages of the appropriate
8445	thresholds identified in chapter 28-24, Florida Administrative
8446	Code, or this section for each land use in the development is
8447	equal to or greater than 160 percent. This threshold is in
8448	addition to, and does not preclude, a development from being
8449	required to undergo development-of-regional-impact review under
8450	any other threshold.
8451	(g)(i)  Residential development.-No rule may be adopted
8452	concerning residential developments which treats a residential
8453	development in one county as being located in a less populated
8454	adjacent county unless more than 25 percent of the development
8455	is located within 2 or less miles of the less populated adjacent
8456	county. The residential thresholds of adjacent counties with
8457	less population and a lower threshold shall not be controlling
8458	on any development wholly located within areas designated as
8459	rural areas of critical economic concern.
8460	(h)(j)  Workforce housing.-The applicable guidelines for
8461	residential development and the residential component for
8462	multiuse development shall be increased by 50 percent where the
8463	developer demonstrates that at least 15 percent of the total
8464	residential dwelling units authorized within the development of
8465	regional impact will be dedicated to affordable workforce
8466	housing, subject to a recorded land use restriction that shall
8467	be for a period of not less than 20 years and that includes
8468	resale provisions to ensure long-term affordability for income-
8469	eligible homeowners and renters and provisions for the workforce
8470	housing to be commenced prior to the completion of 50 percent of
8471	the market rate dwelling. For purposes of this paragraph, the
8472	term "affordable workforce housing" means housing that is
8473	affordable to a person who earns less than 120 percent of the
8474	area median income, or less than 140 percent of the area median
8475	income if located in a county in which the median purchase price
8476	for a single-family existing home exceeds the statewide median
8477	purchase price of a single-family existing home. For the
8478	purposes of this paragraph, the term "statewide median purchase
8479	price of a single-family existing home" means the statewide
8480	purchase price as determined in the Florida Sales Report,
8481	Single-Family Existing Homes, released each January by the
8482	Florida Association of Realtors and the University of Florida
8483	Real Estate Research Center.
8484	(i)(k)  Schools.-
8485	1.  The proposed construction of any public, private, or
8486	proprietary postsecondary educational campus which provides for
8487	a design population of more than 5,000 full-time equivalent
8488	students, or the proposed physical expansion of any public,
8489	private, or proprietary postsecondary educational campus having
8490	such a design population that would increase the population by
8491	at least 20 percent of the design population.
8492	2.  As used in this paragraph, "full-time equivalent
8493	student" means enrollment for 15 or more quarter hours during a
8494	single academic semester. In career centers or other
8495	institutions which do not employ semester hours or quarter hours
8496	in accounting for student participation, enrollment for 18
8497	contact hours shall be considered equivalent to one quarter
8498	hour, and enrollment for 27 contact hours shall be considered
8499	equivalent to one semester hour.
8500	3.  This paragraph does not apply to institutions which are
8501	the subject of a campus master plan adopted by the university
8502	board of trustees pursuant to s. 1013.30.
8503	(4)  Two or more developments, represented by their owners
8504	or developers to be separate developments, shall be aggregated
8505	and treated as a single development under this chapter when they
8506	are determined to be part of a unified plan of development and
8507	are physically proximate to one other.
8508	(a)  The criteria of three two of the following
8509	subparagraphs must be met in order for the state land planning
8510	agency to determine that there is a unified plan of development:
8511	1.a.  The same person has retained or shared control of the
8512	developments;
8513	b.  The same person has ownership or a significant legal or
8514	equitable interest in the developments; or
8515	c.  There is common management of the developments
8516	controlling the form of physical development or disposition of
8517	parcels of the development.
8518	2.  There is a reasonable closeness in time between the
8519	completion of 80 percent or less of one development and the
8520	submission to a governmental agency of a master plan or series
8521	of plans or drawings for the other development which is
8522	indicative of a common development effort.
8523	3.  A master plan or series of plans or drawings exists
8524	covering the developments sought to be aggregated which have
8525	been submitted to a local general-purpose government, water
8526	management district, the Florida Department of Environmental
8527	Protection, or the Division of Florida Condominiums, Timeshares,
8528	and Mobile Homes for authorization to commence development. The
8529	existence or implementation of a utility's master utility plan
8530	required by the Public Service Commission or general-purpose
8531	local government or a master drainage plan shall not be the sole
8532	determinant of the existence of a master plan.
8533	4.  The voluntary sharing of infrastructure that is
8534	indicative of a common development effort or is designated
8535	specifically to accommodate the developments sought to be
8536	aggregated, except that which was implemented because it was
8537	required by a local general-purpose government; water management
8538	district; the Department of Environmental Protection; the
8539	Division of Florida Condominiums, Timeshares, and Mobile Homes;
8540	or the Public Service Commission.
8541	4.5.  There is a common advertising scheme or promotional
8542	plan in effect for the developments sought to be aggregated.
8543	Section 56.  Subsection (17) of section 331.303, Florida
8544	Statutes, is amended to read:
8545	331.303  Definitions.-
8546	(17)  "Spaceport launch facilities" means industrial
8547	facilities as described in s. 380.0651(3)(c), Florida Statutes
8548	2010, and include any launch pad, launch control center, and
8549	fixed launch-support equipment.
8550	Section 57.  Subsection (1) of section 380.115, Florida
8551	Statutes, is amended to read:
8552	380.115  Vested rights and duties; effect of size
8553	reduction, changes in guidelines and standards.-
8554	(1)  A change in a development-of-regional-impact guideline
8555	and standard does not abridge or modify any vested or other
8556	right or any duty or obligation pursuant to any development
8557	order or agreement that is applicable to a development of
8558	regional impact. A development that has received a development-
8559	of-regional-impact development order pursuant to s. 380.06, but
8560	is no longer required to undergo development-of-regional-impact
8561	review by operation of a change in the guidelines and standards
8562	or has reduced its size below the thresholds in s. 380.0651, or
8563	a development that is exempt pursuant to s. 380.06(29) shall be
8564	governed by the following procedures:
8565	(a)  The development shall continue to be governed by the
8566	development-of-regional-impact development order and may be
8567	completed in reliance upon and pursuant to the development order
8568	unless the developer or landowner has followed the procedures
8569	for rescission in paragraph (b). Any proposed changes to those
8570	developments which continue to be governed by a development
8571	order shall be approved pursuant to s. 380.06(19) as it existed
8572	prior to a change in the development-of-regional-impact
8573	guidelines and standards, except that all percentage criteria
8574	shall be doubled and all other criteria shall be increased by 10
8575	percent. The development-of-regional-impact development order
8576	may be enforced by the local government as provided by ss.
8577	380.06(17) and 380.11.
8578	(b)  If requested by the developer or landowner, the
8579	development-of-regional-impact development order shall be
8580	rescinded by the local government having jurisdiction upon a
8581	showing that all required mitigation related to the amount of
8582	development that existed on the date of rescission has been
8583	completed.
8584	Section 58.  Paragraph (a) of subsection (8) of section
8585	380.061, Florida Statutes, is amended to read:
8586	380.061  The Florida Quality Developments program.-
8587	(8)(a)  Any local government comprehensive plan amendments
8588	related to a Florida Quality Development may be initiated by a
8589	local planning agency and considered by the local governing body
8590	at the same time as the application for development approval,
8591	using the procedures provided for local plan amendment in s.
8592	163.3187 or s. 163.3189 and applicable local ordinances, without
8593	regard to statutory or local ordinance limits on the frequency
8594	of consideration of amendments to the local comprehensive plan.
8595	Nothing in this subsection shall be construed to require
8596	favorable consideration of a Florida Quality Development solely
8597	because it is related to a development of regional impact.
8598	Section 59.  Paragraph (a) of subsection (2) and subsection
8599	(10) of section 380.065, Florida Statutes, are amended to read:
8600	380.065  Certification of local government review of
8601	development.-
8602	(2)  When a petition is filed, the state land planning
8603	agency shall have no more than 90 days to prepare and submit to
8604	the Administration Commission a report and recommendations on
8605	the proposed certification. In deciding whether to grant
8606	certification, the Administration Commission shall determine
8607	whether the following criteria are being met:
8608	(a)  The petitioning local government has adopted and
8609	effectively implemented a local comprehensive plan and
8610	development regulations which comply with ss. 163.3161-163.3215,
8611	the Community Local Government Comprehensive Planning and Land
8612	Development Regulation Act.
8613	(10)  The department shall submit an annual progress report
8614	to the President of the Senate and the Speaker of the House of
8615	Representatives by March 1 on the certification of local
8616	governments, stating which local governments have been
8617	certified. For those local governments which have applied for
8618	certification but for which certification has been denied, the
8619	department shall specify the reasons certification was denied.
8620	Section 60.  Section 380.0685, Florida Statutes, is amended
8621	to read:
8622	380.0685  State park in area of critical state concern in
8623	county which creates land authority; surcharge on admission and
8624	overnight occupancy.-The Department of Environmental Protection
8625	shall impose and collect a surcharge of 50 cents per person per
8626	day, or $5 per annual family auto entrance permit, on admission
8627	to all state parks in areas of critical state concern located in
8628	a county which creates a land authority pursuant to s.
8629	380.0663(1), and a surcharge of $2.50 per night per campsite,
8630	cabin, or other overnight recreational occupancy unit in state
8631	parks in areas of critical state concern located in a county
8632	which creates a land authority pursuant to s. 380.0663(1);
8633	however, no surcharge shall be imposed or collected under this
8634	section for overnight use by nonprofit groups of organized group
8635	camps, primitive camping areas, or other facilities intended
8636	primarily for organized group use. Such surcharges shall be
8637	imposed within 90 days after any county creating a land
8638	authority notifies the Department of Environmental Protection
8639	that the land authority has been created. The proceeds from such
8640	surcharges, less a collection fee that shall be kept by the
8641	Department of Environmental Protection for the actual cost of
8642	collection, not to exceed 2 percent, shall be transmitted to the
8643	land authority of the county from which the revenue was
8644	generated. Such funds shall be used to purchase property in the
8645	area or areas of critical state concern in the county from which
8646	the revenue was generated. An amount not to exceed 10 percent
8647	may be used for administration and other costs incident to such
8648	purchases. However, the proceeds of the surcharges imposed and
8649	collected pursuant to this section in a state park or parks
8650	located wholly within a municipality, less the costs of
8651	collection as provided herein, shall be transmitted to that
8652	municipality for use by the municipality for land acquisition or
8653	for beach renourishment or restoration, including, but not
8654	limited to, costs associated with any design, permitting,
8655	monitoring, and mitigation of such work, as well as the work
8656	itself. However, these funds may not be included in any
8657	calculation used for providing state matching funds for local
8658	contributions for beach renourishment or restoration. The
8659	surcharges levied under this section shall remain imposed as
8660	long as the land authority is in existence.
8661	Section 61.  Subsection (3) of section 380.115, Florida
8662	Statutes, is amended to read:
8663	380.115  Vested rights and duties; effect of size
8664	reduction, changes in guidelines and standards.-
8665	(3)  A landowner that has filed an application for a
8666	development-of-regional-impact review prior to the adoption of a
8667	an optional sector plan pursuant to s. 163.3245 may elect to
8668	have the application reviewed pursuant to s. 380.06,
8669	comprehensive plan provisions in force prior to adoption of the
8670	sector plan, and any requested comprehensive plan amendments
8671	that accompany the application.
8672	Section 62.  Subsection (1) of section 403.50665, Florida
8673	Statutes, is amended to read:
8674	403.50665  Land use consistency.-
8675	(1)  The applicant shall include in the application a
8676	statement on the consistency of the site and any associated
8677	facilities that constitute a "development," as defined in s.
8678	380.04, with existing land use plans and zoning ordinances that
8679	were in effect on the date the application was filed and a full
8680	description of such consistency. This information shall include
8681	an identification of those associated facilities that the
8682	applicant believes are exempt from the requirements of land use
8683	plans and zoning ordinances under the provisions of the
8684	Community Local Government Comprehensive Planning and Land
8685	Development Regulation Act provisions of chapter 163 and s.
8686	380.04(3).
8687	Section 63.  Subsection (13) and paragraph (a) of
8688	subsection (14) of section 403.973, Florida Statutes, are
8689	amended to read:
8690	403.973  Expedited permitting; amendments to comprehensive
8691	plans.-
8692	(13)  Notwithstanding any other provisions of law:
8693	(a)  Local comprehensive plan amendments for projects
8694	qualified under this section are exempt from the twice-a-year
8695	limits provision in s. 163.3187; and
8696	(b)  Projects qualified under this section are not subject
8697	to interstate highway level-of-service standards adopted by the
8698	Department of Transportation for concurrency purposes. The
8699	memorandum of agreement specified in subsection (5) must include
8700	a process by which the applicant will be assessed a fair share
8701	of the cost of mitigating the project's significant traffic
8702	impacts, as defined in chapter 380 and related rules. The
8703	agreement must also specify whether the significant traffic
8704	impacts on the interstate system will be mitigated through the
8705	implementation of a project or payment of funds to the
8706	Department of Transportation. Where funds are paid, the
8707	Department of Transportation must include in the 5-year work
8708	program transportation projects or project phases, in an amount
8709	equal to the funds received, to mitigate the traffic impacts
8710	associated with the proposed project.
8711	(14)(a)  Challenges to state agency action in the expedited
8712	permitting process for projects processed under this section are
8713	subject to the summary hearing provisions of s. 120.574, except
8714	that the administrative law judge's decision, as provided in s.
8715	120.574(2)(f), shall be in the form of a recommended order and
8716	do shall not constitute the final action of the state agency. In
8717	those proceedings where the action of only one agency of the
8718	state other than the Department of Environmental Protection is
8719	challenged, the agency of the state shall issue the final order
8720	within 45 working days after receipt of the administrative law
8721	judge's recommended order, and the recommended order shall
8722	inform the parties of their right to file exceptions or
8723	responses to the recommended order in accordance with the
8724	uniform rules of procedure pursuant to s. 120.54. In those
8725	proceedings where the actions of more than one agency of the
8726	state are challenged, the Governor shall issue the final order
8727	within 45 working days after receipt of the administrative law
8728	judge's recommended order, and the recommended order shall
8729	inform the parties of their right to file exceptions or
8730	responses to the recommended order in accordance with the
8731	uniform rules of procedure pursuant to s. 120.54. This paragraph
8732	does not apply to the issuance of department licenses required
8733	under any federally delegated or approved permit program. In
8734	such instances, the department shall enter the final order. The
8735	participating agencies of the state may opt at the preliminary
8736	hearing conference to allow the administrative law judge's
8737	decision to constitute the final agency action. If a
8738	participating local government agrees to participate in the
8739	summary hearing provisions of s. 120.574 for purposes of review
8740	of local government comprehensive plan amendments, s.
8741	163.3184(9) and (10) apply.
8742	Section 64.  Subsections (9) and (10) of section 420.5095,
8743	Florida Statutes, are amended to read:
8744	420.5095  Community Workforce Housing Innovation Pilot
8745	Program.-
8746	(9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
8747	local government comprehensive plan amendment to implement a
8748	Community Workforce Housing Innovation Pilot Program project
8749	found consistent with the provisions of this section shall be
8750	expedited as provided in this subsection. At least 30 days prior
8751	to adopting a plan amendment under this subsection, the local
8752	government shall notify the state land planning agency of its
8753	intent to adopt such an amendment, and the notice shall include
8754	its evaluation related to site suitability and availability of
8755	facilities and services. The public notice of the hearing
8756	required by s. 163.3184(11)(15)(b)2. shall include a statement
8757	that the local government intends to use the expedited adoption
8758	process authorized by this subsection. Such amendments shall
8759	require only a single public hearing before the governing board,
8760	which shall be an adoption hearing as described in s.
8761	163.3184(4)(e)(7). The state land planning agency shall issue
8762	its notice of intent pursuant to s. 163.3184(8) within 30 days
8763	after determining that the amendment package is complete. Any
8764	further proceedings shall be governed by s. ss. 163.3184(5)-
8765	(13)(9)-(16). Amendments proposed under this section are not
8766	subject to s. 163.3187(1), which limits the adoption of a
8767	comprehensive plan amendment to no more than two times during
8768	any calendar year.
8769	(10)  The processing of approvals of development orders or
8770	development permits, as defined in s. 163.3164(7) and (8), for
8771	innovative community workforce housing projects shall be
8772	expedited.
8773	Section 65.  Subsection (5) of section 420.615, Florida
8774	Statutes, is amended to read:
8775	420.615  Affordable housing land donation density bonus
8776	incentives.-
8777	(5)  The local government, as part of the approval process,
8778	shall adopt a comprehensive plan amendment, pursuant to part II
8779	of chapter 163, for the receiving land that incorporates the
8780	density bonus. Such amendment shall be adopted in the manner as
8781	required for small-scale amendments pursuant to s. 163.3187, is
8782	not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8783	and is exempt from the limitation on the frequency of plan
8784	amendments as provided in s. 163.3187.
8785	Section 66.  Subsection (16) of section 420.9071, Florida
8786	Statutes, is amended to read:
8787	420.9071  Definitions.-As used in ss. 420.907-420.9079, the
8788	term:
8789	(16)  "Local housing incentive strategies" means local
8790	regulatory reform or incentive programs to encourage or
8791	facilitate affordable housing production, which include at a
8792	minimum, assurance that permits as defined in s. 163.3164(7) and
8793	(8) for affordable housing projects are expedited to a greater
8794	degree than other projects; an ongoing process for review of
8795	local policies, ordinances, regulations, and plan provisions
8796	that increase the cost of housing prior to their adoption; and a
8797	schedule for implementing the incentive strategies. Local
8798	housing incentive strategies may also include other regulatory
8799	reforms, such as those enumerated in s. 420.9076 or those
8800	recommended by the affordable housing advisory committee in its
8801	triennial evaluation of the implementation of affordable housing
8802	incentives, and adopted by the local governing body.
8803	Section 67.  Paragraph (a) of subsection (4) of section
8804	420.9076, Florida Statutes, is amended to read:
8805	420.9076  Adoption of affordable housing incentive
8806	strategies; committees.-
8807	(4)  Triennially, the advisory committee shall review the
8808	established policies and procedures, ordinances, land
8809	development regulations, and adopted local government
8810	comprehensive plan of the appointing local government and shall
8811	recommend specific actions or initiatives to encourage or
8812	facilitate affordable housing while protecting the ability of
8813	the property to appreciate in value. The recommendations may
8814	include the modification or repeal of existing policies,
8815	procedures, ordinances, regulations, or plan provisions; the
8816	creation of exceptions applicable to affordable housing; or the
8817	adoption of new policies, procedures, regulations, ordinances,
8818	or plan provisions, including recommendations to amend the local
8819	government comprehensive plan and corresponding regulations,
8820	ordinances, and other policies. At a minimum, each advisory
8821	committee shall submit a report to the local governing body that
8822	includes recommendations on, and triennially thereafter
8823	evaluates the implementation of, affordable housing incentives
8824	in the following areas:
8825	(a)  The processing of approvals of development orders or
8826	permits, as defined in s. 163.3164(7) and (8), for affordable
8827	housing projects is expedited to a greater degree than other
8828	projects.
8829
8830	The advisory committee recommendations may also include other
8831	affordable housing incentives identified by the advisory
8832	committee. Local governments that receive the minimum allocation
8833	under the State Housing Initiatives Partnership Program shall
8834	perform the initial review but may elect to not perform the
8835	triennial review.
8836	Section 68.  Subsection (1) of section 720.403, Florida
8837	Statutes, is amended to read:
8838	720.403  Preservation of residential communities; revival
8839	of declaration of covenants.-
8840	(1)  Consistent with required and optional elements of
8841	local comprehensive plans and other applicable provisions of the
8842	Community Local Government Comprehensive Planning and Land
8843	Development Regulation Act, homeowners are encouraged to
8844	preserve existing residential communities, promote available and
8845	affordable housing, protect structural and aesthetic elements of
8846	their residential community, and, as applicable, maintain roads
8847	and streets, easements, water and sewer systems, utilities,
8848	drainage improvements, conservation and open areas, recreational
8849	amenities, and other infrastructure and common areas that serve
8850	and support the residential community by the revival of a
8851	previous declaration of covenants and other governing documents
8852	that may have ceased to govern some or all parcels in the
8853	community.
8854	Section 69.  Subsection (6) of section 1013.30, Florida
8855	Statutes, is amended to read:
8856	1013.30  University campus master plans and campus
8857	development agreements.-
8858	(6)  Before a campus master plan is adopted, a copy of the
8859	draft master plan must be sent for review or made available
8860	electronically to the host and any affected local governments,
8861	the state land planning agency, the Department of Environmental
8862	Protection, the Department of Transportation, the Department of
8863	State, the Fish and Wildlife Conservation Commission, and the
8864	applicable water management district and regional planning
8865	council. At the request of a governmental entity, a hard copy of
8866	the draft master plan shall be submitted within 7 business days
8867	of an electronic copy being made available. These agencies must
8868	be given 90 days after receipt of the campus master plans in
8869	which to conduct their review and provide comments to the
8870	university board of trustees. The commencement of this review
8871	period must be advertised in newspapers of general circulation
8872	within the host local government and any affected local
8873	government to allow for public comment. Following receipt and
8874	consideration of all comments and the holding of an informal
8875	information session and at least two public hearings within the
8876	host jurisdiction, the university board of trustees shall adopt
8877	the campus master plan. It is the intent of the Legislature that
8878	the university board of trustees comply with the notice
8879	requirements set forth in s. 163.3184(11)(15) to ensure full
8880	public participation in this planning process. The informal
8881	public information session must be held before the first public
8882	hearing. The first public hearing shall be held before the draft
8883	master plan is sent to the agencies specified in this
8884	subsection. The second public hearing shall be held in
8885	conjunction with the adoption of the draft master plan by the
8886	university board of trustees. Campus master plans developed
8887	under this section are not rules and are not subject to chapter
8888	120 except as otherwise provided in this section.
8889	Section 70.  Section 1013.33, Florida Statutes, is amended
8890	to read:
8891	1013.33  Coordination of planning with local governing
8892	bodies.-
8893	(1)  It is the policy of this state to require the
8894	coordination of planning between boards and local governing
8895	bodies to ensure that plans for the construction and opening of
8896	public educational facilities are facilitated and coordinated in
8897	time and place with plans for residential development,
8898	concurrently with other necessary services. Such planning shall
8899	include the integration of the educational facilities plan and
8900	applicable policies and procedures of a board with the local
8901	comprehensive plan and land development regulations of local
8902	governments. The planning must include the consideration of
8903	allowing students to attend the school located nearest their
8904	homes when a new housing development is constructed near a
8905	county boundary and it is more feasible to transport the
8906	students a short distance to an existing facility in an adjacent
8907	county than to construct a new facility or transport students
8908	longer distances in their county of residence. The planning must
8909	also consider the effects of the location of public education
8910	facilities, including the feasibility of keeping central city
8911	facilities viable, in order to encourage central city
8912	redevelopment and the efficient use of infrastructure and to
8913	discourage uncontrolled urban sprawl. In addition, all parties
8914	to the planning process must consult with state and local road
8915	departments to assist in implementing the Safe Paths to Schools
8916	program administered by the Department of Transportation.
8917	(2)(a)  The school board, county, and nonexempt
8918	municipalities located within the geographic area of a school
8919	district shall enter into an interlocal agreement that jointly
8920	establishes the specific ways in which the plans and processes
8921	of the district school board and the local governments are to be
8922	coordinated. The interlocal agreements shall be submitted to the
8923	state land planning agency and the Office of Educational
8924	Facilities in accordance with a schedule published by the state
8925	land planning agency.
8926	(b)  The schedule must establish staggered due dates for
8927	submission of interlocal agreements that are executed by both
8928	the local government and district school board, commencing on
8929	March 1, 2003, and concluding by December 1, 2004, and must set
8930	the same date for all governmental entities within a school
8931	district. However, if the county where the school district is
8932	located contains more than 20 municipalities, the state land
8933	planning agency may establish staggered due dates for the
8934	submission of interlocal agreements by these municipalities. The
8935	schedule must begin with those areas where both the number of
8936	districtwide capital-outlay full-time-equivalent students equals
8937	80 percent or more of the current year's school capacity and the
8938	projected 5-year student growth rate is 1,000 or greater, or
8939	where the projected 5-year student growth rate is 10 percent or
8940	greater.
8941	(c)  If the student population has declined over the 5-year
8942	period preceding the due date for submittal of an interlocal
8943	agreement by the local government and the district school board,
8944	the local government and district school board may petition the
8945	state land planning agency for a waiver of one or more of the
8946	requirements of subsection (3). The waiver must be granted if
8947	the procedures called for in subsection (3) are unnecessary
8948	because of the school district's declining school age
8949	population, considering the district's 5-year work program
8950	prepared pursuant to s. 1013.35. The state land planning agency
8951	may modify or revoke the waiver upon a finding that the
8952	conditions upon which the waiver was granted no longer exist.
8953	The district school board and local governments must submit an
8954	interlocal agreement within 1 year after notification by the
8955	state land planning agency that the conditions for a waiver no
8956	longer exist.
8957	(d)  Interlocal agreements between local governments and
8958	district school boards adopted pursuant to s. 163.3177 before
8959	the effective date of subsections (2)-(7) (2)-(9) must be
8960	updated and executed pursuant to the requirements of subsections
8961	(2)-(7) (2)-(9), if necessary. Amendments to interlocal
8962	agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
8963	be submitted to the state land planning agency within 30 days
8964	after execution by the parties for review consistent with
8965	subsections (3) and (4). Local governments and the district
8966	school board in each school district are encouraged to adopt a
8967	single interlocal agreement in which all join as parties. The
8968	state land planning agency shall assemble and make available
8969	model interlocal agreements meeting the requirements of
8970	subsections (2)-(7) (2)-(9) and shall notify local governments
8971	and, jointly with the Department of Education, the district
8972	school boards of the requirements of subsections (2)-(7) (2)-
8973	(9), the dates for compliance, and the sanctions for
8974	noncompliance. The state land planning agency shall be available
8975	to informally review proposed interlocal agreements. If the
8976	state land planning agency has not received a proposed
8977	interlocal agreement for informal review, the state land
8978	planning agency shall, at least 60 days before the deadline for
8979	submission of the executed agreement, renotify the local
8980	government and the district school board of the upcoming
8981	deadline and the potential for sanctions.
8982	(3)  At a minimum, the interlocal agreement must address
8983	interlocal agreement requirements in s. 163.31777 and, if
8984	applicable, s. 163.3180(6)(13)(g), except for exempt local
8985	governments as provided in s. 163.3177(12), and must address the
8986	following issues:
8987	(a)  A process by which each local government and the
8988	district school board agree and base their plans on consistent
8989	projections of the amount, type, and distribution of population
8990	growth and student enrollment. The geographic distribution of
8991	jurisdiction-wide growth forecasts is a major objective of the
8992	process.
8993	(b)  A process to coordinate and share information relating
8994	to existing and planned public school facilities, including
8995	school renovations and closures, and local government plans for
8996	development and redevelopment.
8997	(c)  Participation by affected local governments with the
8998	district school board in the process of evaluating potential
8999	school closures, significant renovations to existing schools,
9000	and new school site selection before land acquisition. Local
9001	governments shall advise the district school board as to the
9002	consistency of the proposed closure, renovation, or new site
9003	with the local comprehensive plan, including appropriate
9004	circumstances and criteria under which a district school board
9005	may request an amendment to the comprehensive plan for school
9006	siting.
9007	(d)  A process for determining the need for and timing of
9008	onsite and offsite improvements to support new construction,
9009	proposed expansion, or redevelopment of existing schools. The
9010	process shall address identification of the party or parties
9011	responsible for the improvements.
9012	(e)  A process for the school board to inform the local
9013	government regarding the effect of comprehensive plan amendments
9014	on school capacity. The capacity reporting must be consistent
9015	with laws and rules regarding measurement of school facility
9016	capacity and must also identify how the district school board
9017	will meet the public school demand based on the facilities work
9018	program adopted pursuant to s. 1013.35.
9019	(f)  Participation of the local governments in the
9020	preparation of the annual update to the school board's 5-year
9021	district facilities work program and educational plant survey
9022	prepared pursuant to s. 1013.35.
9023	(g)  A process for determining where and how joint use of
9024	either school board or local government facilities can be shared
9025	for mutual benefit and efficiency.
9026	(h)  A procedure for the resolution of disputes between the
9027	district school board and local governments, which may include
9028	the dispute resolution processes contained in chapters 164 and
9029	186.
9030	(i)  An oversight process, including an opportunity for
9031	public participation, for the implementation of the interlocal
9032	agreement.
9033	(4)(a)  The Office of Educational Facilities shall submit
9034	any comments or concerns regarding the executed interlocal
9035	agreement to the state land planning agency within 30 days after
9036	receipt of the executed interlocal agreement. The state land
9037	planning agency shall review the executed interlocal agreement
9038	to determine whether it is consistent with the requirements of
9039	subsection (3), the adopted local government comprehensive plan,
9040	and other requirements of law. Within 60 days after receipt of
9041	an executed interlocal agreement, the state land planning agency
9042	shall publish a notice of intent in the Florida Administrative
9043	Weekly and shall post a copy of the notice on the agency's
9044	Internet site. The notice of intent must state that the
9045	interlocal agreement is consistent or inconsistent with the
9046	requirements of subsection (3) and this subsection as
9047	appropriate.
9048	(b)  The state land planning agency's notice is subject to
9049	challenge under chapter 120; however, an affected person, as
9050	defined in s. 163.3184(1)(a), has standing to initiate the
9051	administrative proceeding, and this proceeding is the sole means
9052	available to challenge the consistency of an interlocal
9053	agreement required by this section with the criteria contained
9054	in subsection (3) and this subsection. In order to have
9055	standing, each person must have submitted oral or written
9056	comments, recommendations, or objections to the local government
9057	or the school board before the adoption of the interlocal
9058	agreement by the district school board and local government. The
9059	district school board and local governments are parties to any
9060	such proceeding. In this proceeding, when the state land
9061	planning agency finds the interlocal agreement to be consistent
9062	with the criteria in subsection (3) and this subsection, the
9063	interlocal agreement must be determined to be consistent with
9064	subsection (3) and this subsection if the local government's and
9065	school board's determination of consistency is fairly debatable.
9066	When the state land planning agency finds the interlocal
9067	agreement to be inconsistent with the requirements of subsection
9068	(3) and this subsection, the local government's and school
9069	board's determination of consistency shall be sustained unless
9070	it is shown by a preponderance of the evidence that the
9071	interlocal agreement is inconsistent.
9072	(c)  If the state land planning agency enters a final order
9073	that finds that the interlocal agreement is inconsistent with
9074	the requirements of subsection (3) or this subsection, the state
9075	land planning agency shall forward it to the Administration
9076	Commission, which may impose sanctions against the local
9077	government pursuant to s. 163.3184(11) and may impose sanctions
9078	against the district school board by directing the Department of
9079	Education to withhold an equivalent amount of funds for school
9080	construction available pursuant to ss. 1013.65, 1013.68,
9081	1013.70, and 1013.72.
9082	(5)  If an executed interlocal agreement is not timely
9083	submitted to the state land planning agency for review, the
9084	state land planning agency shall, within 15 working days after
9085	the deadline for submittal, issue to the local government and
9086	the district school board a notice to show cause why sanctions
9087	should not be imposed for failure to submit an executed
9088	interlocal agreement by the deadline established by the agency.
9089	The agency shall forward the notice and the responses to the
9090	Administration Commission, which may enter a final order citing
9091	the failure to comply and imposing sanctions against the local
9092	government and district school board by directing the
9093	appropriate agencies to withhold at least 5 percent of state
9094	funds pursuant to s. 163.3184(11) and by directing the
9095	Department of Education to withhold from the district school
9096	board at least 5 percent of funds for school construction
9097	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
9098	1013.72.
9099	(6)  Any local government transmitting a public school
9100	element to implement school concurrency pursuant to the
9101	requirements of s. 163.3180 before the effective date of this
9102	section is not required to amend the element or any interlocal
9103	agreement to conform with the provisions of subsections (2)-(6)
9104	(2)-(8) if the element is adopted prior to or within 1 year
9105	after the effective date of subsections (2)-(6) (2)-(8) and
9106	remains in effect.
9107	(7)  Except as provided in subsection (8), municipalities
9108	meeting the exemption criteria in s. 163.3177(12) are exempt
9109	from the requirements of subsections (2), (3), and (4).
9110	(8)  At the time of the evaluation and appraisal report,
9111	each exempt municipality shall assess the extent to which it
9112	continues to meet the criteria for exemption under s.
9113	163.3177(12). If the municipality continues to meet these
9114	criteria, the municipality shall continue to be exempt from the
9115	interlocal agreement requirement. Each municipality exempt under
9116	s. 163.3177(12) must comply with the provisions of subsections
9117	(2)-(8) within 1 year after the district school board proposes,
9118	in its 5-year district facilities work program, a new school
9119	within the municipality's jurisdiction.
9120	(7)(9)  A board and the local governing body must share and
9121	coordinate information related to existing and planned school
9122	facilities; proposals for development, redevelopment, or
9123	additional development; and infrastructure required to support
9124	the school facilities, concurrent with proposed development. A
9125	school board shall use information produced by the demographic,
9126	revenue, and education estimating conferences pursuant to s.
9127	216.136 when preparing the district educational facilities plan
9128	pursuant to s. 1013.35, as modified and agreed to by the local
9129	governments, when provided by interlocal agreement, and the
9130	Office of Educational Facilities, in consideration of local
9131	governments' population projections, to ensure that the district
9132	educational facilities plan not only reflects enrollment
9133	projections but also considers applicable municipal and county
9134	growth and development projections. The projections must be
9135	apportioned geographically with assistance from the local
9136	governments using local government trend data and the school
9137	district student enrollment data. A school board is precluded
9138	from siting a new school in a jurisdiction where the school
9139	board has failed to provide the annual educational facilities
9140	plan for the prior year required pursuant to s. 1013.35 unless
9141	the failure is corrected.
9142	(8)(10)  The location of educational facilities shall be
9143	consistent with the comprehensive plan of the appropriate local
9144	governing body developed under part II of chapter 163 and
9145	consistent with the plan's implementing land development
9146	regulations.
9147	(9)(11)  To improve coordination relative to potential
9148	educational facility sites, a board shall provide written notice
9149	to the local government that has regulatory authority over the
9150	use of the land consistent with an interlocal agreement entered
9151	pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
9152	to acquiring or leasing property that may be used for a new
9153	public educational facility. The local government, upon receipt
9154	of this notice, shall notify the board within 45 days if the
9155	site proposed for acquisition or lease is consistent with the
9156	land use categories and policies of the local government's
9157	comprehensive plan. This preliminary notice does not constitute
9158	the local government's determination of consistency pursuant to
9159	subsection (10) (12).
9160	(10)(12)  As early in the design phase as feasible and
9161	consistent with an interlocal agreement entered pursuant to
9162	subsections (2)-(6) (2)-(8), but no later than 90 days before
9163	commencing construction, the district school board shall in
9164	writing request a determination of consistency with the local
9165	government's comprehensive plan. The local governing body that
9166	regulates the use of land shall determine, in writing within 45
9167	days after receiving the necessary information and a school
9168	board's request for a determination, whether a proposed
9169	educational facility is consistent with the local comprehensive
9170	plan and consistent with local land development regulations. If
9171	the determination is affirmative, school construction may
9172	commence and further local government approvals are not
9173	required, except as provided in this section. Failure of the
9174	local governing body to make a determination in writing within
9175	90 days after a district school board's request for a
9176	determination of consistency shall be considered an approval of
9177	the district school board's application. Campus master plans and
9178	development agreements must comply with the provisions of ss.
9179	1013.30 and 1013.63.
9180	(11)(13)  A local governing body may not deny the site
9181	applicant based on adequacy of the site plan as it relates
9182	solely to the needs of the school. If the site is consistent
9183	with the comprehensive plan's land use policies and categories
9184	in which public schools are identified as allowable uses, the
9185	local government may not deny the application but it may impose
9186	reasonable development standards and conditions in accordance
9187	with s. 1013.51(1) and consider the site plan and its adequacy
9188	as it relates to environmental concerns, health, safety and
9189	welfare, and effects on adjacent property. Standards and
9190	conditions may not be imposed which conflict with those
9191	established in this chapter or the Florida Building Code, unless
9192	mutually agreed and consistent with the interlocal agreement
9193	required by subsections (2)-(6) (2)-(8).
9194	(12)(14)  This section does not prohibit a local governing
9195	body and district school board from agreeing and establishing an
9196	alternative process for reviewing a proposed educational
9197	facility and site plan, and offsite impacts, pursuant to an
9198	interlocal agreement adopted in accordance with subsections (2)-
9199	(6) (2)-(8).
9200	(13)(15)  Existing schools shall be considered consistent
9201	with the applicable local government comprehensive plan adopted
9202	under part II of chapter 163. If a board submits an application
9203	to expand an existing school site, the local governing body may
9204	impose reasonable development standards and conditions on the
9205	expansion only, and in a manner consistent with s. 1013.51(1).
9206	Standards and conditions may not be imposed which conflict with
9207	those established in this chapter or the Florida Building Code,
9208	unless mutually agreed. Local government review or approval is
9209	not required for:
9210	(a)  The placement of temporary or portable classroom
9211	facilities; or
9212	(b)  Proposed renovation or construction on existing school
9213	sites, with the exception of construction that changes the
9214	primary use of a facility, includes stadiums, or results in a
9215	greater than 5 percent increase in student capacity, or as
9216	mutually agreed upon, pursuant to an interlocal agreement
9217	adopted in accordance with subsections (2)-(6)(8).
9218	Section 71.  Paragraph (b) of subsection (2) of section
9219	1013.35, Florida Statutes, is amended to read:
9220	1013.35  School district educational facilities plan;
9221	definitions; preparation, adoption, and amendment; long-term
9222	work programs.-
9223	(2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
9224	FACILITIES PLAN.-
9225	(b)  The plan must also include a financially feasible
9226	district facilities work program for a 5-year period. The work
9227	program must include:
9228	1.  A schedule of major repair and renovation projects
9229	necessary to maintain the educational facilities and ancillary
9230	facilities of the district.
9231	2.  A schedule of capital outlay projects necessary to
9232	ensure the availability of satisfactory student stations for the
9233	projected student enrollment in K-12 programs. This schedule
9234	shall consider:
9235	a.  The locations, capacities, and planned utilization
9236	rates of current educational facilities of the district. The
9237	capacity of existing satisfactory facilities, as reported in the
9238	Florida Inventory of School Houses must be compared to the
9239	capital outlay full-time-equivalent student enrollment as
9240	determined by the department, including all enrollment used in
9241	the calculation of the distribution formula in s. 1013.64.
9242	b.  The proposed locations of planned facilities, whether
9243	those locations are consistent with the comprehensive plans of
9244	all affected local governments, and recommendations for
9245	infrastructure and other improvements to land adjacent to
9246	existing facilities. The provisions of ss. 1013.33(10), (11),
9247	and (12), (13), and (14) and 1013.36 must be addressed for new
9248	facilities planned within the first 3 years of the work plan, as
9249	appropriate.
9250	c.  Plans for the use and location of relocatable
9251	facilities, leased facilities, and charter school facilities.
9252	d.  Plans for multitrack scheduling, grade level
9253	organization, block scheduling, or other alternatives that
9254	reduce the need for additional permanent student stations.
9255	e.  Information concerning average class size and
9256	utilization rate by grade level within the district which will
9257	result if the tentative district facilities work program is
9258	fully implemented.
9259	f.  The number and percentage of district students planned
9260	to be educated in relocatable facilities during each year of the
9261	tentative district facilities work program. For determining
9262	future needs, student capacity may not be assigned to any
9263	relocatable classroom that is scheduled for elimination or
9264	replacement with a permanent educational facility in the current
9265	year of the adopted district educational facilities plan and in
9266	the district facilities work program adopted under this section.
9267	Those relocatable classrooms clearly identified and scheduled
9268	for replacement in a school-board-adopted, financially feasible,
9269	5-year district facilities work program shall be counted at zero
9270	capacity at the time the work program is adopted and approved by
9271	the school board. However, if the district facilities work
9272	program is changed and the relocatable classrooms are not
9273	replaced as scheduled in the work program, the classrooms must
9274	be reentered into the system and be counted at actual capacity.
9275	Relocatable classrooms may not be perpetually added to the work
9276	program or continually extended for purposes of circumventing
9277	this section. All relocatable classrooms not identified and
9278	scheduled for replacement, including those owned, lease-
9279	purchased, or leased by the school district, must be counted at
9280	actual student capacity. The district educational facilities
9281	plan must identify the number of relocatable student stations
9282	scheduled for replacement during the 5-year survey period and
9283	the total dollar amount needed for that replacement.
9284	g.  Plans for the closure of any school, including plans
9285	for disposition of the facility or usage of facility space, and
9286	anticipated revenues.
9287	h.  Projects for which capital outlay and debt service
9288	funds accruing under s. 9(d), Art. XII of the State Constitution
9289	are to be used shall be identified separately in priority order
9290	on a project priority list within the district facilities work
9291	program.
9292	3.  The projected cost for each project identified in the
9293	district facilities work program. For proposed projects for new
9294	student stations, a schedule shall be prepared comparing the
9295	planned cost and square footage for each new student station, by
9296	elementary, middle, and high school levels, to the low, average,
9297	and high cost of facilities constructed throughout the state
9298	during the most recent fiscal year for which data is available
9299	from the Department of Education.
9300	4.  A schedule of estimated capital outlay revenues from
9301	each currently approved source which is estimated to be
9302	available for expenditure on the projects included in the
9303	district facilities work program.
9304	5.  A schedule indicating which projects included in the
9305	district facilities work program will be funded from current
9306	revenues projected in subparagraph 4.
9307	6.  A schedule of options for the generation of additional
9308	revenues by the district for expenditure on projects identified
9309	in the district facilities work program which are not funded
9310	under subparagraph 5. Additional anticipated revenues may
9311	include effort index grants, SIT Program awards, and Classrooms
9312	First funds.
9313	Section 72.  Rules 9J-5 and 9J-11.023, Florida
9314	Administrative Code, are repealed, and the Department of State
9315	is directed to remove those rules from the Florida
9316	Administrative Code.
9317	Section 73.  (1)  Any permit or any other authorization
9318	that was extended under section 14 of chapter 2009-96, Laws of
9319	Florida, as reauthorized by section 47 of chapter 2010-147, Laws
9320	of Florida, is extended and renewed for an additional period of
9321	2 years after its previously scheduled expiration date. This
9322	extension is in addition to the 2-year permit extension provided
9323	under section 14 of chapter 2009-96, Laws of Florida, as
9324	reauthorized by section 47 of chapter 2010-147, Laws of Florida.
9325	This section does not prohibit conversion from the construction
9326	phase to the operation phase upon completion of construction.
9327	Permits that were extended by a total of 4 years pursuant to
9328	section 14 of chapter 2009-96, Laws of Florida, as reauthorized
9329	by section 47 of chapter 2010-147, Laws of Florida, and by
9330	section 46 of chapter 2010-147, Laws of Florida, cannot be
9331	further extended under this provision.
9332	(2)  The commencement and completion dates for any required
9333	mitigation associated with a phased construction project shall
9334	be extended such that mitigation takes place in the same
9335	timeframe relative to the phase as originally permitted.
9336	(3)  The holder of a valid permit or other authorization
9337	that is eligible for the 2-year extension shall notify the
9338	authorizing agency in writing by December 31, 2011, identifying
9339	the specific authorization for which the holder intends to use
9340	the extension and the anticipated timeframe for acting on the
9341	authorization.
9342	(4)  The extension provided for in subsection (1) does not
9343	apply to:
9344	(a)  A permit or other authorization under any programmatic
9345	or regional general permit issued by the Army Corps of
9346	Engineers.
9347	(b)  A permit or other authorization held by an owner or
9348	operator determined to be in significant noncompliance with the
9349	conditions of the permit or authorization as established through
9350	the issuance of a warning letter or notice of violation, the
9351	initiation of formal enforcement, or other equivalent action by
9352	the authorizing agency.
9353	(c)  A permit or other authorization, if granted an
9354	extension, that would delay or prevent compliance with a court
9355	order.
9356	(5)  Permits extended under this section shall continue to
9357	be governed by rules in effect at the time the permit was
9358	issued, except if it is demonstrated that the rules in effect at
9359	the time the permit was issued would create an immediate threat
9360	to public safety or health. This subsection applies to any
9361	modification of the plans, terms, and conditions of the permit
9362	that lessens the environmental impact, except that any such
9363	modification may not extend the time limit beyond 2 additional
9364	years.
9365	(6)  This section does not impair the authority of a county
9366	or municipality to require the owner of a property that has
9367	notified the county or municipality of the owner's intention to
9368	receive the extension of time granted pursuant to this section
9369	to maintain and secure the property in a safe and sanitary
9370	condition in compliance with applicable laws and ordinances.
9371	Section 74.  (1)  The state land planning agency, within 60
9372	days after the effective date of this act, shall review any
9373	administrative or judicial proceeding filed by the agency and
9374	pending on the effective date of this act to determine whether
9375	the issues raised by the state land planning agency are
9376	consistent with the revised provisions of part II of chapter
9377	163, Florida Statutes. For each proceeding, if the agency
9378	determines that issues have been raised that are not consistent
9379	with the revised provisions of part II of chapter 163, Florida
9380	Statutes, the agency shall dismiss the proceeding. If the state
9381	land planning agency determines that one or more issues have
9382	been raised that are consistent with the revised provisions of
9383	part II of chapter 163, Florida Statutes, the agency shall amend
9384	its petition within 30 days after the determination to plead
9385	with particularity as to the manner in which the plan or plan
9386	amendment fails to meet the revised provisions of part II of
9387	chapter 163, Florida Statutes. If the agency fails to timely
9388	file such amended petition, the proceeding shall be dismissed.
9389	(2)  In all proceedings that were initiated by the state
9390	land planning agency before the effective date of this act, and
9391	continue after that date, the local government's determination
9392	that the comprehensive plan or plan amendment is in compliance
9393	is presumed to be correct, and the local government's
9394	determination shall be sustained unless it is shown by a
9395	preponderance of the evidence that the comprehensive plan or
9396	plan amendment is not in compliance.
9397	Section 75.  All local governments shall be governed by the
9398	revised provisions of s. 163.3191, Florida Statutes,
9399	notwithstanding a local government's previous failure to timely
9400	adopt its evaluation and appraisal report or evaluation and
9401	appraisal report-based amendments by the due dates previously
9402	established by the state land planning agency.
9403	Section 76.  A comprehensive plan amendment adopted
9404	pursuant to s. 163.32465, Florida Statutes, subject to voter
9405	referendum by local charter, and found in compliance before the
9406	effective date of this act, may be readopted by ordinance, shall
9407	become effective upon approval by the local government, and is
9408	not subject to review or challenge pursuant to the provisions of
9409	s. 163.32465 or s. 163.3184, Florida Statutes.
9410	Section 77.  The Department of Transportation shall develop
9411	and submit to the President of the Senate and the Speaker of the
9412	House of Representatives, no later than December 15, 2011, a
9413	report on recommended changes to or alternatives to the
9414	calculation of the proportionate share contribution in s.
9415	163.3180(5)(h)3., Florida Statutes. The department's
9416	recommendations, if any, shall be designed to ensure development
9417	contributions to mitigate impacts on the transportation system
9418	are assessed in predictable, equitable and fair manner and shall
9419	be developed in consultation with developers and representatives
9420	of local governments.
9421	Section 78.  If any provision of this act or its
9422	application to any person or circumstance is held invalid, the
9423	invalidity does not affect other provisions or applications of
9424	this act which can be given effect without the invalid provision
9425	or application, and to this end the provisions of this act are
9426	severable.
9427	Section 79.  (1)  Except as provided in subsection (4), and
9428	in recognition of 2011 real estate market conditions, any
9429	building permit, and any permit issued by the Department of
9430	Environmental Protection or by a water management district
9431	pursuant to part IV of chapter 373, Florida Statutes, which has
9432	an expiration date from January 1, 2012, through January 1,
9433	2014, is extended and renewed for a period of 2 years after its
9434	previously scheduled date of expiration. This extension includes
9435	any local government-issued development order or building permit
9436	including certificates of levels of service. This section does
9437	not prohibit conversion from the construction phase to the
9438	operation phase upon completion of construction. This extension
9439	is in addition to any existing permit extension. Extensions
9440	granted pursuant to this section; section 14 of chapter 2009-96,
9441	Laws of Florida, as reauthorized by section 47 of chapter 2010-
9442	147, Laws of Florida; section 46 of chapter 2010-147, Laws of
9443	Florida; or section 74 of this act shall not exceed 4 years in
9444	total. Further, specific development order extensions granted
9445	pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be
9446	further extended by this section.
9447	(2)  The commencement and completion dates for any required
9448	mitigation associated with a phased construction project are
9449	extended so that mitigation takes place in the same timeframe
9450	relative to the phase as originally permitted.
9451	(3)  The holder of a valid permit or other authorization
9452	that is eligible for the 2-year extension must notify the
9453	authorizing agency in writing by December 31, 2011, identifying
9454	the specific authorization for which the holder intends to use
9455	the extension and the anticipated timeframe for acting on the
9456	authorization.
9457	(4)  The extension provided for in subsection (1) does not
9458	apply to:
9459	(a)  A permit or other authorization under any programmatic
9460	or regional general permit issued by the Army Corps of
9461	Engineers.
9462	(b)  A permit or other authorization held by an owner or
9463	operator determined to be in significant noncompliance with the
9464	conditions of the permit or authorization as established through
9465	the issuance of a warning letter or notice of violation, the
9466	initiation of formal enforcement, or other equivalent action by
9467	the authorizing agency.
9468	(c)  A permit or other authorization, if granted an
9469	extension that would delay or prevent compliance with a court
9470	order.
9471	(5)  Permits extended under this section shall continue to
9472	be governed by the rules in effect at the time the permit was
9473	issued, except if it is demonstrated that the rules in effect at
9474	the time the permit was issued would create an immediate threat
9475	to public safety or health. This provision applies to any
9476	modification of the plans, terms, and conditions of the permit
9477	which lessens the environmental impact, except that any such
9478	modification does not extend the time limit beyond 2 additional
9479	years.
9480	(6)  This section does not impair the authority of a county
9481	or municipality to require the owner of a property that has
9482	notified the county or municipality of the owner's intent to
9483	receive the extension of time granted pursuant to this section
9484	to maintain and secure the property in a safe and sanitary
9485	condition in compliance with applicable laws and ordinances.
9486	Section 80.  The Division of Statutory Revision is directed
9487	to replace the phrase "the effective date of this act" wherever
9488	it occurs in this act with the date this act becomes a law.
9489	Section 81.  This act shall take effect upon becoming a
9490	law.
9491
9492
9493	-----------------------------------------------------
9494	T I T L E  A M E N D M E N T
9495	Remove the entire title and insert:
9496	A bill to be entitled
9497	An act relating to growth management; amending s. 163.3161,
9498	F.S.; redesignating the "Local Government Comprehensive Planning
9499	and Land Development Regulation Act" as the "Community Planning
9500	Act"; revising and providing intent and purpose of act; amending
9501	s. 163.3164, F.S.; revising definitions; amending s. 163.3167,
9502	F.S.; revising scope of the act; revising and providing duties
9503	of local governments and municipalities relating to
9504	comprehensive plans; deleting retroactive effect; creating s.
9505	163.3168, F.S.; encouraging local governments to apply for
9506	certain innovative planning tools; authorizing the state land
9507	planning agency and other appropriate state and regional
9508	agencies to use direct and indirect technical assistance;
9509	amending s. 163.3171, F.S.; providing legislative intent;
9510	amending s. 163.3174, F.S.; deleting certain notice requirements
9511	relating to the establishment of local planning agencies by a
9512	governing body; amending s. 163.3175, F.S.; providing that
9513	certain comments, underlying studies, and reports provided by a
9514	military installation's commanding officer are not binding on
9515	local governments; providing additional factors for local
9516	government consideration in impacts to military installations;
9517	clarifying requirements for adopting criteria to address
9518	compatibility of lands relating to military installations;
9519	amending s. 163.3177, F.S.; revising and providing duties of
9520	local governments; revising and providing required and optional
9521	elements of comprehensive plans; revising requirements of
9522	schedules of capital improvements; revising and providing
9523	provisions relating to capital improvements elements; revising
9524	major objectives of, and procedures relating to, the local
9525	comprehensive planning process; revising and providing required
9526	and optional elements of future land use plans; providing
9527	required transportation elements; revising and providing
9528	required conservation elements; revising and providing required
9529	housing elements; revising and providing required coastal
9530	management elements; revising and providing required
9531	intergovernmental coordination elements; amending s. 163.31777,
9532	F.S.; revising requirements relating to public schools'
9533	interlocal agreements; deleting duties of the Office of
9534	Educational Facilities, the state land planning agency, and
9535	local governments relating to such agreements; deleting an
9536	exemption; amending s. 163.3178, F.S.; deleting a deadline for
9537	local governments to amend coastal management elements and
9538	future land use maps; amending s. 163.3180, F.S.; revising and
9539	providing provisions relating to concurrency; revising
9540	concurrency requirements; revising application and findings;
9541	revising local government requirements; revising and providing
9542	requirements relating to transportation concurrency,
9543	transportation concurrency exception areas, urban infill, urban
9544	redevelopment, urban service, downtown revitalization areas,
9545	transportation concurrency management areas, long-term
9546	transportation and school concurrency management systems,
9547	development of regional impact, school concurrency, service
9548	areas, financial feasibility, interlocal agreements, and
9549	multimodal transportation districts; revising duties of the
9550	Office of Program Policy Analysis and the state land planning
9551	agency; providing requirements for local plans; providing for
9552	the limiting the liability of local governments under certain
9553	conditions; amending s. 163.3182, F.S.; revising definitions;
9554	revising provisions relating to transportation deficiency plans
9555	and projects; amending s. 163.3184, F.S.; providing a
9556	definition; providing requirements for comprehensive plans and
9557	plan amendments; providing a expedited state review process for
9558	adoption of comprehensive plan amendments; providing
9559	requirements for the adoption of comprehensive plan amendments;
9560	creating the state-coordinated review process; providing and
9561	revising provisions relating to the review process; revising
9562	requirements relating to local government transmittal of
9563	proposed plan or amendments; providing for comment by reviewing
9564	agencies; deleting provisions relating to regional, county, and
9565	municipal review; revising provisions relating to state land
9566	planning agency review; revising provisions relating to local
9567	government review of comments; deleting and revising provisions
9568	relating to notice of intent and processes for compliance and
9569	noncompliance; providing procedures for administrative
9570	challenges to plans and plan amendments; providing for
9571	compliance agreements; providing for mediation and expeditious
9572	resolution; revising powers and duties of the administration
9573	commission; revising provisions relating to areas of critical
9574	state concern; providing for concurrent zoning; amending s.
9575	163.3187, F.S.; deleting provisions relating to the amendment of
9576	adopted comprehensive plan and providing the process for
9577	adoption of small-scale comprehensive plan amendments; repealing
9578	s. 163.3189, F.S., relating to process for amendment of adopted
9579	comprehensive plan; amending s. 163.3191, F.S., relating to the
9580	evaluation and appraisal of comprehensive plans; providing and
9581	revising local government requirements including notice,
9582	amendments, compliance, mediation, reports, and scoping
9583	meetings; amending s. 163.3229, F.S.; revising limitations on
9584	duration of development agreements; amending s. 163.3235, F.S.;
9585	revising requirements for periodic reviews of a development
9586	agreements; amending s. 163.3239, F.S.; revising recording
9587	requirements; amending s. 163.3243, F.S.; revising parties who
9588	may file an action for injunctive relief; amending s. 163.3245,
9589	F.S.; revising provisions relating to optional sector plans;
9590	authorizing the adoption of sector plans under certain
9591	circumstances; amending s. 163.3246, F.S.; revising provisions
9592	relating to the local government comprehensive planning
9593	certification program; conforming provisions to changes made by
9594	the act; deleting reporting requirements of the Office of
9595	Program Policy Analysis and Government Accountability; repealing
9596	s. 163.32465, F.S., relating to state review of local
9597	comprehensive plans in urban areas; amending s. 163.3247, F.S.;
9598	providing for future repeal and abolition of the Century
9599	Commission for a Sustainable Florida; creating s. 163.3248,
9600	F.S.; providing for the designation of rural land stewardship
9601	areas; providing purposes and requirements for the establishment
9602	of such areas; providing for the creation of rural land
9603	stewardship overlay zoning district and transferable rural land
9604	use credits; providing certain limitation relating to such
9605	credits; providing for incentives; providing eligibility for
9606	incentives; providing legislative intent; amending s. 380.06,
9607	F.S.; revising requirements relating to the issuance of permits
9608	for development by local governments; revising criteria for the
9609	determination of substantial deviation; providing for extension
9610	of certain expiration dates; revising exemptions governing
9611	developments of regional impact; revising provisions to conform
9612	to changes made by this act; amending s. 380.0651, F.S.;
9613	revising provisions relating to statewide guidelines and
9614	standards for certain multiscreen movie theaters, industrial
9615	plants, industrial parks, distribution, warehousing and
9616	wholesaling facilities, and hotels and motels; revising criteria
9617	for the determination of when to treat two or more developments
9618	as a single development; amending s. 331.303, F.S.; conforming a
9619	cross-reference; amending s. 380.115, F.S.; subjecting certain
9620	developments required to undergo development-of-regional-impact
9621	review to certain procedures; amending s. 380.065, F.S.;
9622	deleting certain reporting requirements; conforming provisions
9623	to changes made by the act; amending s. 380.0685, F.S., relating
9624	to use of surcharges for beach renourishment and restoration;
9625	repealing Rules 9J-5 and 9J-11.023, Florida Administrative Code,
9626	relating to minimum criteria for review of local government
9627	comprehensive plans and plan amendments, evaluation and
9628	appraisal reports, land development regulations, and
9629	determinations of compliance; amending ss. 70.51, 163.06,
9630	163.2517, 163.3162, 163.3217, 163.3220, 163.3221, 163.3229,
9631	163.360, 163.516, 171.203, 186.513, 189.415, 190.004, 190.005,
9632	193.501, 287.042, 288.063, 288.975, 290.0475, 311.07, 331.319,
9633	339.155, 339.2819, 369.303, 369.321, 378.021, 380.115, 380.031,
9634	380.061, 403.50665, 403.973, 420.5095, 420.615, 420.5095,
9635	420.9071, 420.9076, 720.403, 1013.30, 1013.33, and 1013.35,
9636	F.S.; revising provisions to conform to changes made by this
9637	act; extending permits and other authorizations extended under
9638	s. 14, ch. 2009-96, Laws of Florida; extending certain
9639	previously granted buildout dates; requiring a permitholder to
9640	notify the authorizing agency of its intended use of the
9641	extension; exempting certain permits from eligibility for an
9642	extension; providing for applicability of rules governing
9643	permits; declaring that certain provisions do not impair the
9644	authority of counties and municipalities under certain
9645	circumstances; requiring the state land planning agency to
9646	review certain administrative and judicial proceedings;
9647	providing procedures for such review; providing that all local
9648	governments shall be governed by certain provisions of general
9649	law; allowing specified amendments to be adopted upon approval
9650	by the local government; directing the Department of
9651	Transportation to report on the calculation of proportionate
9652	share; providing for severability; creating a 2-year permit
9653	extension; providing a directive of the Division of Statutory
9654	Revision; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.