Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 842
       
       
       
       
       
       
                                Barcode 218604                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/23/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 163.3167, Florida
    6  Statutes, is amended to read:
    7         163.3167 Scope of act.—
    8         (8) An initiative or referendum process in regard to any
    9  development order or in regard to any local comprehensive plan
   10  amendment or map amendment is prohibited. However, any local
   11  government charter provision that was in effect as of June 1,
   12  2011, for an initiative or referendum process in regard to
   13  development orders or in regard to local comprehensive plan
   14  amendments or map amendments may be retained and implemented.
   15         Section 2. Paragraph (b) of subsection (4) of section
   16  163.3174, Florida Statutes, is amended to read:
   17         163.3174 Local planning agency.—
   18         (4) The local planning agency shall have the general
   19  responsibility for the conduct of the comprehensive planning
   20  program. Specifically, the local planning agency shall:
   21         (b) Monitor and oversee the effectiveness and status of the
   22  comprehensive plan and recommend to the governing body such
   23  changes in the comprehensive plan as may from time to time be
   24  required, including the periodic evaluation and appraisal of the
   25  comprehensive plan preparation of the periodic reports required
   26  by s. 163.3191.
   27         Section 3. Paragraphs (f) and (h) of subsection (6) of
   28  section 163.3177, Florida Statutes, are amended to read:
   29         163.3177 Required and optional elements of comprehensive
   30  plan; studies and surveys.—
   31         (6) In addition to the requirements of subsections (1)-(5),
   32  the comprehensive plan shall include the following elements:
   33         (f)1. A housing element consisting of principles,
   34  guidelines, standards, and strategies to be followed in:
   35         a. The provision of housing for all current and anticipated
   36  future residents of the jurisdiction.
   37         b. The elimination of substandard dwelling conditions.
   38         c. The structural and aesthetic improvement of existing
   39  housing.
   40         d. The provision of adequate sites for future housing,
   41  including affordable workforce housing as defined in s.
   42  380.0651(3)(h), housing for low-income, very low-income, and
   43  moderate-income families, mobile homes, and group home
   44  facilities and foster care facilities, with supporting
   45  infrastructure and public facilities. The element may include
   46  provisions that specifically address affordable housing for
   47  persons 60 years of age or older. Real property that is conveyed
   48  to a local government for affordable housing under this sub
   49  subparagraph shall be disposed of by the local government
   50  pursuant to s. 125.379 or s. 166.0451.
   51         e. Provision for relocation housing and identification of
   52  historically significant and other housing for purposes of
   53  conservation, rehabilitation, or replacement.
   54         f. The formulation of housing implementation programs.
   55         g. The creation or preservation of affordable housing to
   56  minimize the need for additional local services and avoid the
   57  concentration of affordable housing units only in specific areas
   58  of the jurisdiction.
   59         2. The principles, guidelines, standards, and strategies of
   60  the housing element must be based on the data and analysis
   61  prepared on housing needs, including an inventory taken from the
   62  latest decennial United States Census or more recent estimates,
   63  which shall include the number and distribution of dwelling
   64  units by type, tenure, age, rent, value, monthly cost of owner
   65  occupied units, and rent or cost to income ratio, and shall show
   66  the number of dwelling units that are substandard. The data and
   67  analysis inventory shall also include the methodology used to
   68  estimate the condition of housing, a projection of the
   69  anticipated number of households by size, income range, and age
   70  of residents derived from the population projections, and the
   71  minimum housing need of the current and anticipated future
   72  residents of the jurisdiction.
   73         3. The housing element must express principles, guidelines,
   74  standards, and strategies that reflect, as needed, the creation
   75  and preservation of affordable housing for all current and
   76  anticipated future residents of the jurisdiction, elimination of
   77  substandard housing conditions, adequate sites, and distribution
   78  of housing for a range of incomes and types, including mobile
   79  and manufactured homes. The element must provide for specific
   80  programs and actions to partner with private and nonprofit
   81  sectors to address housing needs in the jurisdiction, streamline
   82  the permitting process, and minimize costs and delays for
   83  affordable housing, establish standards to address the quality
   84  of housing, stabilization of neighborhoods, and identification
   85  and improvement of historically significant housing.
   86         4. State and federal housing plans prepared on behalf of
   87  the local government must be consistent with the goals,
   88  objectives, and policies of the housing element. Local
   89  governments are encouraged to use job training, job creation,
   90  and economic solutions to address a portion of their affordable
   91  housing concerns.
   92         (h)1. An intergovernmental coordination element showing
   93  relationships and stating principles and guidelines to be used
   94  in coordinating the adopted comprehensive plan with the plans of
   95  school boards, regional water supply authorities, and other
   96  units of local government providing services but not having
   97  regulatory authority over the use of land, with the
   98  comprehensive plans of adjacent municipalities, the county,
   99  adjacent counties, or the region, with the state comprehensive
  100  plan and with the applicable regional water supply plan approved
  101  pursuant to s. 373.709, as the case may require and as such
  102  adopted plans or plans in preparation may exist. This element of
  103  the local comprehensive plan must demonstrate consideration of
  104  the particular effects of the local plan, when adopted, upon the
  105  development of adjacent municipalities, the county, adjacent
  106  counties, or the region, or upon the state comprehensive plan,
  107  as the case may require.
  108         a. The intergovernmental coordination element must provide
  109  procedures for identifying and implementing joint planning
  110  areas, especially for the purpose of annexation, municipal
  111  incorporation, and joint infrastructure service areas.
  112         b. The intergovernmental coordination element shall provide
  113  for a dispute resolution process, as established pursuant to s.
  114  186.509, for bringing intergovernmental disputes to closure in a
  115  timely manner.
  116         c. The intergovernmental coordination element shall provide
  117  for interlocal agreements as established pursuant to s.
  118  333.03(1)(b).
  119         2. The intergovernmental coordination element shall also
  120  state principles and guidelines to be used in coordinating the
  121  adopted comprehensive plan with the plans of school boards and
  122  other units of local government providing facilities and
  123  services but not having regulatory authority over the use of
  124  land. In addition, the intergovernmental coordination element
  125  must describe joint processes for collaborative planning and
  126  decisionmaking on population projections and public school
  127  siting, the location and extension of public facilities subject
  128  to concurrency, and siting facilities with countywide
  129  significance, including locally unwanted land uses whose nature
  130  and identity are established in an agreement.
  131         3. Within 1 year after adopting their intergovernmental
  132  coordination elements, each county, all the municipalities
  133  within that county, the district school board, and any unit of
  134  local government service providers in that county shall
  135  establish by interlocal or other formal agreement executed by
  136  all affected entities, the joint processes described in this
  137  subparagraph consistent with their adopted intergovernmental
  138  coordination elements. The agreement element must:
  139         a. Ensure that the local government addresses through
  140  coordination mechanisms the impacts of development proposed in
  141  the local comprehensive plan upon development in adjacent
  142  municipalities, the county, adjacent counties, the region, and
  143  the state. The area of concern for municipalities shall include
  144  adjacent municipalities, the county, and counties adjacent to
  145  the municipality. The area of concern for counties shall include
  146  all municipalities within the county, adjacent counties, and
  147  adjacent municipalities.
  148         b. Ensure coordination in establishing level of service
  149  standards for public facilities with any state, regional, or
  150  local entity having operational and maintenance responsibility
  151  for such facilities.
  152         Section 4. Subsections (3) and (4) are added to section
  153  163.31777, Florida Statutes, to read:
  154         163.31777 Public schools interlocal agreement.—
  155         (3) A municipality is exempt from the requirements of
  156  subsections (1) and (2) if the municipality meets all of the
  157  following criteria for having no significant impact on school
  158  attendance:
  159         (a) The municipality has issued development orders for
  160  fewer than 50 residential dwelling units during the preceding 5
  161  years, or the municipality has generated fewer than 25
  162  additional public school students during the preceding 5 years.
  163         (b) The municipality has not annexed new land during the
  164  preceding 5 years in land use categories that permit residential
  165  uses that will affect school attendance rates.
  166         (c) The municipality has no public schools located within
  167  its boundaries.
  168         (d) At least 80 percent of the developable land within the
  169  boundaries of the municipality has been built upon.
  170         (4) At the time of the evaluation and appraisal of its
  171  comprehensive plan pursuant to s. 163.3191, each exempt
  172  municipality shall assess the extent to which it continues to
  173  meet the criteria for exemption under subsection (3). If the
  174  municipality continues to meet the criteria for exemption under
  175  subsection (3), the municipality shall continue to be exempt
  176  from the interlocal-agreement requirement. Each municipality
  177  exempt under subsection (3) must comply with this section within
  178  1 year after the district school board proposes, in its 5-year
  179  district facilities work program, a new school within the
  180  municipality’s jurisdiction.
  181         Section 5. Subsections (3) and (6) of section 163.3178,
  182  Florida Statutes, are amended to read:
  183         163.3178 Coastal management.—
  184         (3) Expansions to port harbors, spoil disposal sites,
  185  navigation channels, turning basins, harbor berths, and other
  186  related inwater harbor facilities of ports listed in s.
  187  403.021(9); port transportation facilities and projects listed
  188  in s. 311.07(3)(b); intermodal transportation facilities
  189  identified pursuant to s. 311.09(3); and facilities determined
  190  by the state land planning agency Department of Community
  191  Affairs and applicable general-purpose local government to be
  192  port-related industrial or commercial projects located within 3
  193  miles of or in a port master plan area which rely upon the use
  194  of port and intermodal transportation facilities shall not be
  195  designated as developments of regional impact if such
  196  expansions, projects, or facilities are consistent with
  197  comprehensive master plans that are in compliance with this
  198  section.
  199         (6) Local governments are encouraged to adopt countywide
  200  marina siting plans to designate sites for existing and future
  201  marinas. The Coastal Resources Interagency Management Committee,
  202  at the direction of the Legislature, shall identify incentives
  203  to encourage local governments to adopt such siting plans and
  204  uniform criteria and standards to be used by local governments
  205  to implement state goals, objectives, and policies relating to
  206  marina siting. These criteria must ensure that priority is given
  207  to water-dependent land uses. Countywide marina siting plans
  208  must be consistent with state and regional environmental
  209  planning policies and standards. Each local government in the
  210  coastal area which participates in adoption of a countywide
  211  marina siting plan shall incorporate the plan into the coastal
  212  management element of its local comprehensive plan.
  213         Section 6. Paragraph (a) of subsection (1) and paragraphs
  214  (a), (i), (j), and (k) of subsection (6) of section 163.3180,
  215  Florida Statutes, are amended to read:
  216         163.3180 Concurrency.—
  217         (1) Sanitary sewer, solid waste, drainage, and potable
  218  water are the only public facilities and services subject to the
  219  concurrency requirement on a statewide basis. Additional public
  220  facilities and services may not be made subject to concurrency
  221  on a statewide basis without approval by the Legislature;
  222  however, any local government may extend the concurrency
  223  requirement so that it applies to additional public facilities
  224  within its jurisdiction.
  225         (a) If concurrency is applied to other public facilities,
  226  the local government comprehensive plan must provide the
  227  principles, guidelines, standards, and strategies, including
  228  adopted levels of service, to guide its application. In order
  229  for a local government to rescind any optional concurrency
  230  provisions, a comprehensive plan amendment is required. An
  231  amendment rescinding optional concurrency issues shall be
  232  processed under the expedited state review process in s.
  233  163.3184(3), but the amendment is not subject to state review
  234  and is not required to be transmitted to the reviewing agencies
  235  for comments, except that the local government shall transmit
  236  the amendment to any local government or government agency that
  237  has filed a request with the governing body, and for municipal
  238  amendments, the amendment shall be transmitted to the county in
  239  which the municipality is located. For informational purposes
  240  only, a copy of the adopted amendment shall be provided to the
  241  state land planning agency. A copy of the adopted amendment
  242  shall also be provided to the Department of Transportation if
  243  the amendment rescinds transportation concurrency and to the
  244  Department of Education if the amendment rescinds school
  245  concurrency.
  246         (6)(a) Local governments that apply If concurrency is
  247  applied to public education facilities, all local governments
  248  within a county, except as provided in paragraph (i), shall
  249  include principles, guidelines, standards, and strategies,
  250  including adopted levels of service, in their comprehensive
  251  plans and interlocal agreements. The choice of one or more
  252  municipalities to not adopt school concurrency and enter into
  253  the interlocal agreement does not preclude implementation of
  254  school concurrency within other jurisdictions of the school
  255  district if the county and one or more municipalities have
  256  adopted school concurrency into their comprehensive plan and
  257  interlocal agreement that represents at least 80 percent of the
  258  total countywide population, the failure of one or more
  259  municipalities to adopt the concurrency and enter into the
  260  interlocal agreement does not preclude implementation of school
  261  concurrency within jurisdictions of the school district that
  262  have opted to implement concurrency. All local government
  263  provisions included in comprehensive plans regarding school
  264  concurrency within a county must be consistent with each other
  265  and as well as the requirements of this part.
  266         (i) A municipality is not required to be a signatory to the
  267  interlocal agreement required by paragraph (j), as a
  268  prerequisite for imposition of school concurrency, and as a
  269  nonsignatory, may not participate in the adopted local school
  270  concurrency system, if the municipality meets all of the
  271  following criteria for having no significant impact on school
  272  attendance:
  273         1. The municipality has issued development orders for fewer
  274  than 50 residential dwelling units during the preceding 5 years,
  275  or the municipality has generated fewer than 25 additional
  276  public school students during the preceding 5 years.
  277         2. The municipality has not annexed new land during the
  278  preceding 5 years in land use categories which permit
  279  residential uses that will affect school attendance rates.
  280         3. The municipality has no public schools located within
  281  its boundaries.
  282         4. At least 80 percent of the developable land within the
  283  boundaries of the municipality has been built upon.
  284         (i)(j) When establishing concurrency requirements for
  285  public schools, a local government must enter into an interlocal
  286  agreement that satisfies the requirements in ss.
  287  163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
  288  this subsection. The interlocal agreement shall acknowledge both
  289  the school board’s constitutional and statutory obligations to
  290  provide a uniform system of free public schools on a countywide
  291  basis, and the land use authority of local governments,
  292  including their authority to approve or deny comprehensive plan
  293  amendments and development orders. The interlocal agreement
  294  shall meet the following requirements:
  295         1. Establish the mechanisms for coordinating the
  296  development, adoption, and amendment of each local government’s
  297  school concurrency related provisions of the comprehensive plan
  298  with each other and the plans of the school board to ensure a
  299  uniform districtwide school concurrency system.
  300         2. Specify uniform, districtwide level-of-service standards
  301  for public schools of the same type and the process for
  302  modifying the adopted level-of-service standards.
  303         3. Define the geographic application of school concurrency.
  304  If school concurrency is to be applied on a less than
  305  districtwide basis in the form of concurrency service areas, the
  306  agreement shall establish criteria and standards for the
  307  establishment and modification of school concurrency service
  308  areas. The agreement shall ensure maximum utilization of school
  309  capacity, taking into account transportation costs and court
  310  approved desegregation plans, as well as other factors.
  311         4. Establish a uniform districtwide procedure for
  312  implementing school concurrency which provides for:
  313         a. The evaluation of development applications for
  314  compliance with school concurrency requirements, including
  315  information provided by the school board on affected schools,
  316  impact on levels of service, and programmed improvements for
  317  affected schools and any options to provide sufficient capacity;
  318         b. An opportunity for the school board to review and
  319  comment on the effect of comprehensive plan amendments and
  320  rezonings on the public school facilities plan; and
  321         c. The monitoring and evaluation of the school concurrency
  322  system.
  323         5. A process and uniform methodology for determining
  324  proportionate-share mitigation pursuant to paragraph (h).
  325         (j)(k) This subsection does not limit the authority of a
  326  local government to grant or deny a development permit or its
  327  functional equivalent prior to the implementation of school
  328  concurrency.
  329         Section 7. Paragraphs (b) and (c) of subsection (3),
  330  paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
  331  and (e) of subsection (5), paragraph (f) of subsection (6), and
  332  subsection (12) of section 163.3184, Florida Statutes, are
  333  amended to read:
  334         163.3184 Process for adoption of comprehensive plan or plan
  335  amendment.—
  336         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
  337  COMPREHENSIVE PLAN AMENDMENTS.—
  338         (b)1. The local government, after the initial public
  339  hearing held pursuant to subsection (11), shall transmit within
  340  10 calendar days the amendment or amendments and appropriate
  341  supporting data and analyses to the reviewing agencies. The
  342  local governing body shall also transmit a copy of the
  343  amendments and supporting data and analyses to any other local
  344  government or governmental agency that has filed a written
  345  request with the governing body.
  346         2. The reviewing agencies and any other local government or
  347  governmental agency specified in subparagraph 1. may provide
  348  comments regarding the amendment or amendments to the local
  349  government. State agencies shall only comment on important state
  350  resources and facilities that will be adversely impacted by the
  351  amendment if adopted. Comments provided by state agencies shall
  352  state with specificity how the plan amendment will adversely
  353  impact an important state resource or facility and shall
  354  identify measures the local government may take to eliminate,
  355  reduce, or mitigate the adverse impacts. Such comments, if not
  356  resolved, may result in a challenge by the state land planning
  357  agency to the plan amendment. Agencies and local governments
  358  must transmit their comments to the affected local government
  359  such that they are received by the local government not later
  360  than 30 days after from the date on which the agency or
  361  government received the amendment or amendments. Reviewing
  362  agencies shall also send a copy of their comments to the state
  363  land planning agency.
  364         3. Comments to the local government from a regional
  365  planning council, county, or municipality shall be limited as
  366  follows:
  367         a. The regional planning council review and comments shall
  368  be limited to adverse effects on regional resources or
  369  facilities identified in the strategic regional policy plan and
  370  extrajurisdictional impacts that would be inconsistent with the
  371  comprehensive plan of any affected local government within the
  372  region. A regional planning council may not review and comment
  373  on a proposed comprehensive plan amendment prepared by such
  374  council unless the plan amendment has been changed by the local
  375  government subsequent to the preparation of the plan amendment
  376  by the regional planning council.
  377         b. County comments shall be in the context of the
  378  relationship and effect of the proposed plan amendments on the
  379  county plan.
  380         c. Municipal comments shall be in the context of the
  381  relationship and effect of the proposed plan amendments on the
  382  municipal plan.
  383         d. Military installation comments shall be provided in
  384  accordance with s. 163.3175.
  385         4. Comments to the local government from state agencies
  386  shall be limited to the following subjects as they relate to
  387  important state resources and facilities that will be adversely
  388  impacted by the amendment if adopted:
  389         a. The Department of Environmental Protection shall limit
  390  its comments to the subjects of air and water pollution;
  391  wetlands and other surface waters of the state; federal and
  392  state-owned lands and interest in lands, including state parks,
  393  greenways and trails, and conservation easements; solid waste;
  394  water and wastewater treatment; and the Everglades ecosystem
  395  restoration.
  396         b. The Department of State shall limit its comments to the
  397  subjects of historic and archaeological resources.
  398         c. The Department of Transportation shall limit its
  399  comments to issues within the agency’s jurisdiction as it
  400  relates to transportation resources and facilities of state
  401  importance.
  402         d. The Fish and Wildlife Conservation Commission shall
  403  limit its comments to subjects relating to fish and wildlife
  404  habitat and listed species and their habitat.
  405         e. The Department of Agriculture and Consumer Services
  406  shall limit its comments to the subjects of agriculture,
  407  forestry, and aquaculture issues.
  408         f. The Department of Education shall limit its comments to
  409  the subject of public school facilities.
  410         g. The appropriate water management district shall limit
  411  its comments to flood protection and floodplain management,
  412  wetlands and other surface waters, and regional water supply.
  413         h. The state land planning agency shall limit its comments
  414  to important state resources and facilities outside the
  415  jurisdiction of other commenting state agencies and may include
  416  comments on countervailing planning policies and objectives
  417  served by the plan amendment that should be balanced against
  418  potential adverse impacts to important state resources and
  419  facilities.
  420         (c)1. The local government shall hold its second public
  421  hearing, which shall be a hearing on whether to adopt one or
  422  more comprehensive plan amendments pursuant to subsection (11).
  423  If the local government fails, within 180 days after receipt of
  424  agency comments, to hold the second public hearing, the
  425  amendments shall be deemed withdrawn unless extended by
  426  agreement with notice to the state land planning agency and any
  427  affected person that provided comments on the amendment. The
  428  180-day limitation does not apply to amendments processed
  429  pursuant to s. 380.06.
  430         2. All comprehensive plan amendments adopted by the
  431  governing body, along with the supporting data and analysis,
  432  shall be transmitted within 10 calendar days after the second
  433  public hearing to the state land planning agency and any other
  434  agency or local government that provided timely comments under
  435  subparagraph (b)2.
  436         3. The state land planning agency shall notify the local
  437  government of any deficiencies within 5 working days after
  438  receipt of an amendment package. For purposes of completeness,
  439  an amendment shall be deemed complete if it contains a full,
  440  executed copy of the adoption ordinance or ordinances; in the
  441  case of a text amendment, a full copy of the amended language in
  442  legislative format with new words inserted in the text
  443  underlined, and words deleted stricken with hyphens; in the case
  444  of a future land use map amendment, a copy of the future land
  445  use map clearly depicting the parcel, its existing future land
  446  use designation, and its adopted designation; and a copy of any
  447  data and analyses the local government deems appropriate.
  448         4. An amendment adopted under this paragraph does not
  449  become effective until 31 days after the state land planning
  450  agency notifies the local government that the plan amendment
  451  package is complete. If timely challenged, an amendment does not
  452  become effective until the state land planning agency or the
  453  Administration Commission enters a final order determining the
  454  adopted amendment to be in compliance.
  455         (4) STATE COORDINATED REVIEW PROCESS.—
  456         (b) Local government transmittal of proposed plan or
  457  amendment.—Each local governing body proposing a plan or plan
  458  amendment specified in paragraph (2)(c) shall transmit the
  459  complete proposed comprehensive plan or plan amendment to the
  460  reviewing agencies within 10 calendar days after immediately
  461  following the first public hearing pursuant to subsection (11).
  462  The transmitted document shall clearly indicate on the cover
  463  sheet that this plan amendment is subject to the state
  464  coordinated review process of this subsection. The local
  465  governing body shall also transmit a copy of the complete
  466  proposed comprehensive plan or plan amendment to any other unit
  467  of local government or government agency in the state that has
  468  filed a written request with the governing body for the plan or
  469  plan amendment.
  470         (e) Local government review of comments; adoption of plan
  471  or amendments and transmittal.—
  472         1. The local government shall review the report submitted
  473  to it by the state land planning agency, if any, and written
  474  comments submitted to it by any other person, agency, or
  475  government. The local government, upon receipt of the report
  476  from the state land planning agency, shall hold its second
  477  public hearing, which shall be a hearing to determine whether to
  478  adopt the comprehensive plan or one or more comprehensive plan
  479  amendments pursuant to subsection (11). If the local government
  480  fails to hold the second hearing within 180 days after receipt
  481  of the state land planning agency’s report, the amendments shall
  482  be deemed withdrawn unless extended by agreement with notice to
  483  the state land planning agency and any affected person that
  484  provided comments on the amendment. The 180-day limitation does
  485  not apply to amendments processed pursuant to s. 380.06.
  486         2. All comprehensive plan amendments adopted by the
  487  governing body, along with the supporting data and analysis,
  488  shall be transmitted within 10 calendar days after the second
  489  public hearing to the state land planning agency and any other
  490  agency or local government that provided timely comments under
  491  paragraph (c).
  492         3. The state land planning agency shall notify the local
  493  government of any deficiencies within 5 working days after
  494  receipt of a plan or plan amendment package. For purposes of
  495  completeness, a plan or plan amendment shall be deemed complete
  496  if it contains a full, executed copy of the adoption ordinance
  497  or ordinances; in the case of a text amendment, a full copy of
  498  the amended language in legislative format with new words
  499  inserted in the text underlined, and words deleted stricken with
  500  hyphens; in the case of a future land use map amendment, a copy
  501  of the future land use map clearly depicting the parcel, its
  502  existing future land use designation, and its adopted
  503  designation; and a copy of any data and analyses the local
  504  government deems appropriate.
  505         4. After the state land planning agency makes a
  506  determination of completeness regarding the adopted plan or plan
  507  amendment, the state land planning agency shall have 45 days to
  508  determine if the plan or plan amendment is in compliance with
  509  this act. Unless the plan or plan amendment is substantially
  510  changed from the one commented on, the state land planning
  511  agency’s compliance determination shall be limited to objections
  512  raised in the objections, recommendations, and comments report.
  513  During the period provided for in this subparagraph, the state
  514  land planning agency shall issue, through a senior administrator
  515  or the secretary, a notice of intent to find that the plan or
  516  plan amendment is in compliance or not in compliance. The state
  517  land planning agency shall post a copy of the notice of intent
  518  on the agency’s Internet website. Publication by the state land
  519  planning agency of the notice of intent on the state land
  520  planning agency’s Internet site shall be prima facie evidence of
  521  compliance with the publication requirements of this
  522  subparagraph.
  523         5. A plan or plan amendment adopted under the state
  524  coordinated review process shall go into effect pursuant to the
  525  state land planning agency’s notice of intent. If timely
  526  challenged, an amendment does not become effective until the
  527  state land planning agency or the Administration Commission
  528  enters a final order determining the adopted amendment to be in
  529  compliance.
  530         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  531  AMENDMENTS.—
  532         (b) The state land planning agency may file a petition with
  533  the Division of Administrative Hearings pursuant to ss. 120.569
  534  and 120.57, with a copy served on the affected local government,
  535  to request a formal hearing to challenge whether the plan or
  536  plan amendment is in compliance as defined in paragraph (1)(b).
  537  The state land planning agency’s petition must clearly state the
  538  reasons for the challenge. Under the expedited state review
  539  process, this petition must be filed with the division within 30
  540  days after the state land planning agency notifies the local
  541  government that the plan amendment package is complete according
  542  to subparagraph (3)(c)3. Under the state coordinated review
  543  process, this petition must be filed with the division within 45
  544  days after the state land planning agency notifies the local
  545  government that the plan amendment package is complete according
  546  to subparagraph (4)(e)3. (3)(c)3.
  547         1. The state land planning agency’s challenge to plan
  548  amendments adopted under the expedited state review process
  549  shall be limited to the comments provided by the reviewing
  550  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  551  determination by the state land planning agency that an
  552  important state resource or facility will be adversely impacted
  553  by the adopted plan amendment. The state land planning agency’s
  554  petition shall state with specificity how the plan amendment
  555  will adversely impact the important state resource or facility.
  556  The state land planning agency may challenge a plan amendment
  557  that has substantially changed from the version on which the
  558  agencies provided comments but only upon a determination by the
  559  state land planning agency that an important state resource or
  560  facility will be adversely impacted.
  561         2. If the state land planning agency issues a notice of
  562  intent to find the comprehensive plan or plan amendment not in
  563  compliance with this act, the notice of intent shall be
  564  forwarded to the Division of Administrative Hearings of the
  565  Department of Management Services, which shall conduct a
  566  proceeding under ss. 120.569 and 120.57 in the county of and
  567  convenient to the affected local jurisdiction. The parties to
  568  the proceeding shall be the state land planning agency, the
  569  affected local government, and any affected person who
  570  intervenes. No new issue may be alleged as a reason to find a
  571  plan or plan amendment not in compliance in an administrative
  572  pleading filed more than 21 days after publication of notice
  573  unless the party seeking that issue establishes good cause for
  574  not alleging the issue within that time period. Good cause does
  575  not include excusable neglect.
  576         (d) If the administrative law judge recommends that the
  577  amendment be found not in compliance, the judge shall submit the
  578  recommended order to the Administration Commission for final
  579  agency action. The Administration Commission shall make every
  580  effort to enter a final order expeditiously, but at a minimum
  581  within the time period provided by s. 120.569 45 days after its
  582  receipt of the recommended order.
  583         (e) If the administrative law judge recommends that the
  584  amendment be found in compliance, the judge shall submit the
  585  recommended order to the state land planning agency.
  586         1. If the state land planning agency determines that the
  587  plan amendment should be found not in compliance, the agency
  588  shall make every effort to refer, within 30 days after receipt
  589  of the recommended order, the recommended order and its
  590  determination expeditiously to the Administration Commission for
  591  final agency action, but at a minimum within the time period
  592  provided by s. 120.569.
  593         2. If the state land planning agency determines that the
  594  plan amendment should be found in compliance, the agency shall
  595  make every effort to enter its final order expeditiously, but at
  596  a minimum within the time period provided by s. 120.569 not
  597  later than 30 days after receipt of the recommended order.
  598         (6) COMPLIANCE AGREEMENT.—
  599         (f) For challenges to amendments adopted under the state
  600  coordinated process, the state land planning agency, upon
  601  receipt of a plan or plan amendment adopted pursuant to a
  602  compliance agreement, shall issue a cumulative notice of intent
  603  addressing both the remedial amendment and the plan or plan
  604  amendment that was the subject of the agreement within 20 days
  605  after receiving a complete plan or plan amendment adopted
  606  pursuant to a compliance agreement.
  607         1. If the local government adopts a comprehensive plan or
  608  plan amendment pursuant to a compliance agreement and a notice
  609  of intent to find the plan amendment in compliance is issued,
  610  the state land planning agency shall forward the notice of
  611  intent to the Division of Administrative Hearings and the
  612  administrative law judge shall realign the parties in the
  613  pending proceeding under ss. 120.569 and 120.57, which shall
  614  thereafter be governed by the process contained in paragraph
  615  (5)(a) and subparagraph (5)(c)1., including provisions relating
  616  to challenges by an affected person, burden of proof, and issues
  617  of a recommended order and a final order. Parties to the
  618  original proceeding at the time of realignment may continue as
  619  parties without being required to file additional pleadings to
  620  initiate a proceeding, but may timely amend their pleadings to
  621  raise any challenge to the amendment that is the subject of the
  622  cumulative notice of intent, and must otherwise conform to the
  623  rules of procedure of the Division of Administrative Hearings.
  624  Any affected person not a party to the realigned proceeding may
  625  challenge the plan amendment that is the subject of the
  626  cumulative notice of intent by filing a petition with the agency
  627  as provided in subsection (5). The agency shall forward the
  628  petition filed by the affected person not a party to the
  629  realigned proceeding to the Division of Administrative Hearings
  630  for consolidation with the realigned proceeding. If the
  631  cumulative notice of intent is not challenged, the state land
  632  planning agency shall request that the Division of
  633  Administrative Hearings relinquish jurisdiction to the state
  634  land planning agency for issuance of a final order.
  635         2. If the local government adopts a comprehensive plan
  636  amendment pursuant to a compliance agreement and a notice of
  637  intent is issued that finds the plan amendment not in
  638  compliance, the state land planning agency shall forward the
  639  notice of intent to the Division of Administrative Hearings,
  640  which shall consolidate the proceeding with the pending
  641  proceeding and immediately set a date for a hearing in the
  642  pending proceeding under ss. 120.569 and 120.57. Affected
  643  persons who are not a party to the underlying proceeding under
  644  ss. 120.569 and 120.57 may challenge the plan amendment adopted
  645  pursuant to the compliance agreement by filing a petition
  646  pursuant to paragraph (5)(a).
  647         (12) CONCURRENT ZONING.— At the request of an applicant, a
  648  local government shall consider an application for zoning
  649  changes that would be required to properly enact any proposed
  650  plan amendment transmitted pursuant to this section subsection.
  651  Zoning changes approved by the local government are contingent
  652  upon the comprehensive plan or plan amendment transmitted
  653  becoming effective.
  654         Section 8. Subsection (3) of section 163.3191, Florida
  655  Statutes, is amended to read:
  656         163.3191 Evaluation and appraisal of comprehensive plan.—
  657         (3) Local governments are encouraged to comprehensively
  658  evaluate and, as necessary, update comprehensive plans to
  659  reflect changes in local conditions. Plan amendments transmitted
  660  pursuant to this section shall be reviewed pursuant to in
  661  accordance with s. 163.3184(4).
  662         Section 9. Subsections (8) through (14) of section
  663  163.3245, Florida Statutes, are redesignated as subsections (7)
  664  through (13), respectively, and present subsections (1) and (7)
  665  of that section are amended to read:
  666         163.3245 Sector plans.—
  667         (1) In recognition of the benefits of long-range planning
  668  for specific areas, local governments or combinations of local
  669  governments may adopt into their comprehensive plans a sector
  670  plan in accordance with this section. This section is intended
  671  to promote and encourage long-term planning for conservation,
  672  development, and agriculture on a landscape scale; to further
  673  support the intent of s. 163.3177(11), which supports innovative
  674  and flexible planning and development strategies, and the
  675  purposes of this part and part I of chapter 380; to facilitate
  676  protection of regionally significant resources, including, but
  677  not limited to, regionally significant water courses and
  678  wildlife corridors; and to avoid duplication of effort in terms
  679  of the level of data and analysis required for a development of
  680  regional impact, while ensuring the adequate mitigation of
  681  impacts to applicable regional resources and facilities,
  682  including those within the jurisdiction of other local
  683  governments, as would otherwise be provided. Sector plans are
  684  intended for substantial geographic areas that include at least
  685  15,000 acres of one or more local governmental jurisdictions and
  686  are to emphasize urban form and protection of regionally
  687  significant resources and public facilities. A sector plan may
  688  not be adopted in an area of critical state concern.
  689         (7) Beginning December 1, 1999, and each year thereafter,
  690  the department shall provide a status report to the President of
  691  the Senate and the Speaker of the House of Representatives
  692  regarding each optional sector plan authorized under this
  693  section.
  694         Section 10. Paragraph (d) of subsection (2) of section
  695  186.002, Florida Statutes, is amended to read:
  696         186.002 Findings and intent.—
  697         (2) It is the intent of the Legislature that:
  698         (d) The state planning process shall be informed and guided
  699  by the experience of public officials at all levels of
  700  government. In preparing any plans or proposed revisions or
  701  amendments required by this chapter, the Governor shall consider
  702  the experience of and information provided by local governments
  703  in their evaluation and appraisal reports pursuant to s.
  704  163.3191.
  705         Section 11. Subsection (8) of section 186.007, Florida
  706  Statutes, is amended to read:
  707         186.007 State comprehensive plan; preparation; revision.—
  708         (8) The revision of the state comprehensive plan is a
  709  continuing process. Each section of the plan shall be reviewed
  710  and analyzed biennially by the Executive Office of the Governor
  711  in conjunction with the planning officers of other state
  712  agencies significantly affected by the provisions of the
  713  particular section under review. In conducting this review and
  714  analysis, the Executive Office of the Governor shall review and
  715  consider, with the assistance of the state land planning agency
  716  and regional planning councils, the evaluation and appraisal
  717  reports submitted pursuant to s. 163.3191 and the evaluation and
  718  appraisal reports prepared pursuant to s. 186.511. Any necessary
  719  revisions of the state comprehensive plan shall be proposed by
  720  the Governor in a written report and be accompanied by an
  721  explanation of the need for such changes. If the Governor
  722  determines that changes are unnecessary, the written report must
  723  explain why changes are unnecessary. The proposed revisions and
  724  accompanying explanations may be submitted in the report
  725  required by s. 186.031. Any proposed revisions to the plan shall
  726  be submitted to the Legislature as provided in s. 186.008(2) at
  727  least 30 days prior to the regular legislative session occurring
  728  in each even-numbered year.
  729         Section 12. Subsection (1) of section 186.508, Florida
  730  Statutes, is amended to read:
  731         186.508 Strategic regional policy plan adoption;
  732  consistency with state comprehensive plan.—
  733         (1) Each regional planning council shall submit to the
  734  Executive Office of the Governor its proposed strategic regional
  735  policy plan on a schedule established by the Executive Office of
  736  the Governor to coordinate implementation of the strategic
  737  regional policy plans with the evaluation and appraisal process
  738  reports required by s. 163.3191. The Executive Office of the
  739  Governor, or its designee, shall review the proposed strategic
  740  regional policy plan to ensure consistency with the adopted
  741  state comprehensive plan and shall, within 60 days, provide any
  742  recommended revisions. The Governor’s recommended revisions
  743  shall be included in the plans in a comment section. However,
  744  nothing in this section precludes herein shall preclude a
  745  regional planning council from adopting or rejecting any or all
  746  of the revisions as a part of its plan before prior to the
  747  effective date of the plan. The rules adopting the strategic
  748  regional policy plan are shall not be subject to rule challenge
  749  under s. 120.56(2) or to drawout proceedings under s.
  750  120.54(3)(c)2., but, once adopted, are shall be subject to an
  751  invalidity challenge under s. 120.56(3) by substantially
  752  affected persons, including the Executive Office of the
  753  Governor. The rules shall be adopted by the regional planning
  754  councils, and shall become effective upon filing with the
  755  Department of State, notwithstanding the provisions of s.
  756  120.54(3)(e)6.
  757         Section 13. Subsections (2) and (3) of section 189.415,
  758  Florida Statutes, are amended to read:
  759         189.415 Special district public facilities report.—
  760         (2) Each independent special district shall submit to each
  761  local general-purpose government in which it is located a public
  762  facilities report and an annual notice of any changes. The
  763  public facilities report shall specify the following
  764  information:
  765         (a) A description of existing public facilities owned or
  766  operated by the special district, and each public facility that
  767  is operated by another entity, except a local general-purpose
  768  government, through a lease or other agreement with the special
  769  district. This description shall include the current capacity of
  770  the facility, the current demands placed upon it, and its
  771  location. This information shall be required in the initial
  772  report and updated every 7 5 years at least 12 months before
  773  prior to the submission date of the evaluation and appraisal
  774  notification letter report of the appropriate local government
  775  required by s. 163.3191. The department shall post a schedule on
  776  its website, based on the evaluation and appraisal notification
  777  schedule prepared pursuant to s. 163.3191(5), for use by a
  778  special district to determine when its public facilities report
  779  and updates to that report are due to the local general-purpose
  780  governments in which the special district is located. At least
  781  12 months prior to the date on which each special district’s
  782  first updated report is due, the department shall notify each
  783  independent district on the official list of special districts
  784  compiled pursuant to s. 189.4035 of the schedule for submission
  785  of the evaluation and appraisal report by each local government
  786  within the special district’s jurisdiction.
  787         (b) A description of each public facility the district is
  788  building, improving, or expanding, or is currently proposing to
  789  build, improve, or expand within at least the next 7 5 years,
  790  including any facilities that the district is assisting another
  791  entity, except a local general-purpose government, to build,
  792  improve, or expand through a lease or other agreement with the
  793  district. For each public facility identified, the report shall
  794  describe how the district currently proposes to finance the
  795  facility.
  796         (c) If the special district currently proposes to replace
  797  any facilities identified in paragraph (a) or paragraph (b)
  798  within the next 10 years, the date when such facility will be
  799  replaced.
  800         (d) The anticipated time the construction, improvement, or
  801  expansion of each facility will be completed.
  802         (e) The anticipated capacity of and demands on each public
  803  facility when completed. In the case of an improvement or
  804  expansion of a public facility, both the existing and
  805  anticipated capacity must be listed.
  806         (3) A special district proposing to build, improve, or
  807  expand a public facility which requires a certificate of need
  808  pursuant to chapter 408 shall elect to notify the appropriate
  809  local general-purpose government of its plans either in its 7
  810  year 5-year plan or at the time the letter of intent is filed
  811  with the Agency for Health Care Administration pursuant to s.
  812  408.039.
  813         Section 14. Subsection (5) of section 288.975, Florida
  814  Statutes, is amended to read:
  815         288.975 Military base reuse plans.—
  816         (5) At the discretion of the host local government, the
  817  provisions of this act may be complied with through the adoption
  818  of the military base reuse plan as a separate component of the
  819  local government comprehensive plan or through simultaneous
  820  amendments to all pertinent portions of the local government
  821  comprehensive plan. Once adopted and approved in accordance with
  822  this section, the military base reuse plan shall be considered
  823  to be part of the host local government’s comprehensive plan and
  824  shall be thereafter implemented, amended, and reviewed pursuant
  825  to in accordance with the provisions of part II of chapter 163.
  826  Local government comprehensive plan amendments necessary to
  827  initially adopt the military base reuse plan shall be exempt
  828  from the limitation on the frequency of plan amendments
  829  contained in s. 163.3187(1).
  830         Section 15. Paragraph (b) of subsection (6), paragraph (e)
  831  of subsection (19), paragraphs (l) and (q) of subsection (24),
  832  and paragraph (b) of subsection (29) of section 380.06, Florida
  833  Statutes, are amended to read:
  834         380.06 Developments of regional impact.—
  835         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
  836  PLAN AMENDMENTS.—
  837         (b) Any local government comprehensive plan amendments
  838  related to a proposed development of regional impact, including
  839  any changes proposed under subsection (19), may be initiated by
  840  a local planning agency or the developer and must be considered
  841  by the local governing body at the same time as the application
  842  for development approval using the procedures provided for local
  843  plan amendment in s. 163.3184 163.3187 and applicable local
  844  ordinances, without regard to local limits on the frequency of
  845  consideration of amendments to the local comprehensive plan.
  846  This paragraph does not require favorable consideration of a
  847  plan amendment solely because it is related to a development of
  848  regional impact. The procedure for processing such comprehensive
  849  plan amendments is as follows:
  850         1. If a developer seeks a comprehensive plan amendment
  851  related to a development of regional impact, the developer must
  852  so notify in writing the regional planning agency, the
  853  applicable local government, and the state land planning agency
  854  no later than the date of preapplication conference or the
  855  submission of the proposed change under subsection (19).
  856         2. When filing the application for development approval or
  857  the proposed change, the developer must include a written
  858  request for comprehensive plan amendments that would be
  859  necessitated by the development-of-regional-impact approvals
  860  sought. That request must include data and analysis upon which
  861  the applicable local government can determine whether to
  862  transmit the comprehensive plan amendment pursuant to s.
  863  163.3184.
  864         3. The local government must advertise a public hearing on
  865  the transmittal within 30 days after filing the application for
  866  development approval or the proposed change and must make a
  867  determination on the transmittal within 60 days after the
  868  initial filing unless that time is extended by the developer.
  869         4. If the local government approves the transmittal,
  870  procedures set forth in s. 163.3184 163.3184(4)(b)-(d) must be
  871  followed.
  872         5. Notwithstanding subsection (11) or subsection (19), the
  873  local government may not hold a public hearing on the
  874  application for development approval or the proposed change or
  875  on the comprehensive plan amendments sooner than 30 days after
  876  reviewing agency comments are due to the local government from
  877  receipt of the response from the state land planning agency
  878  pursuant to s. 163.3184 163.3184(4)(d).
  879         6. The local government must hear both the application for
  880  development approval or the proposed change and the
  881  comprehensive plan amendments at the same hearing. However, the
  882  local government must take action separately on the application
  883  for development approval or the proposed change and on the
  884  comprehensive plan amendments.
  885         7. Thereafter, the appeal process for the local government
  886  development order must follow the provisions of s. 380.07, and
  887  the compliance process for the comprehensive plan amendments
  888  must follow the provisions of s. 163.3184.
  889         (19) SUBSTANTIAL DEVIATIONS.—
  890         (e)1. Except for a development order rendered pursuant to
  891  subsection (22) or subsection (25), a proposed change to a
  892  development order that individually or cumulatively with any
  893  previous change is less than any numerical criterion contained
  894  in subparagraphs (b)1.-10. and does not exceed any other
  895  criterion, or that involves an extension of the buildout date of
  896  a development, or any phase thereof, of less than 5 years is not
  897  subject to the public hearing requirements of subparagraph
  898  (f)3., and is not subject to a determination pursuant to
  899  subparagraph (f)5. Notice of the proposed change shall be made
  900  to the regional planning council and the state land planning
  901  agency. Such notice shall include a description of previous
  902  individual changes made to the development, including changes
  903  previously approved by the local government, and shall include
  904  appropriate amendments to the development order.
  905         2. The following changes, individually or cumulatively with
  906  any previous changes, are not substantial deviations:
  907         a. Changes in the name of the project, developer, owner, or
  908  monitoring official.
  909         b. Changes to a setback that do not affect noise buffers,
  910  environmental protection or mitigation areas, or archaeological
  911  or historical resources.
  912         c. Changes to minimum lot sizes.
  913         d. Changes in the configuration of internal roads that do
  914  not affect external access points.
  915         e. Changes to the building design or orientation that stay
  916  approximately within the approved area designated for such
  917  building and parking lot, and which do not affect historical
  918  buildings designated as significant by the Division of
  919  Historical Resources of the Department of State.
  920         f. Changes to increase the acreage in the development,
  921  provided that no development is proposed on the acreage to be
  922  added.
  923         g. Changes to eliminate an approved land use, provided that
  924  there are no additional regional impacts.
  925         h. Changes required to conform to permits approved by any
  926  federal, state, or regional permitting agency, provided that
  927  these changes do not create additional regional impacts.
  928         i. Any renovation or redevelopment of development within a
  929  previously approved development of regional impact which does
  930  not change land use or increase density or intensity of use.
  931         j. Changes that modify boundaries and configuration of
  932  areas described in subparagraph (b)11. due to science-based
  933  refinement of such areas by survey, by habitat evaluation, by
  934  other recognized assessment methodology, or by an environmental
  935  assessment. In order for changes to qualify under this sub
  936  subparagraph, the survey, habitat evaluation, or assessment must
  937  occur prior to the time a conservation easement protecting such
  938  lands is recorded and must not result in any net decrease in the
  939  total acreage of the lands specifically set aside for permanent
  940  preservation in the final development order.
  941         k. Any other change which the state land planning agency,
  942  in consultation with the regional planning council, agrees in
  943  writing is similar in nature, impact, or character to the
  944  changes enumerated in sub-subparagraphs a.-j. and which does not
  945  create the likelihood of any additional regional impact.
  946  
  947         This subsection does not require the filing of a notice of
  948  proposed change but shall require an application to the local
  949  government to amend the development order in accordance with the
  950  local government’s procedures for amendment of a development
  951  order. In accordance with the local government’s procedures,
  952  including requirements for notice to the applicant and the
  953  public, the local government shall either deny the application
  954  for amendment or adopt an amendment to the development order
  955  which approves the application with or without conditions.
  956  Following adoption, the local government shall render to the
  957  state land planning agency the amendment to the development
  958  order. The state land planning agency may appeal, pursuant to s.
  959  380.07(3), the amendment to the development order if the
  960  amendment involves sub-subparagraph g., sub-subparagraph h.,
  961  sub-subparagraph j., or sub-subparagraph k., and it believes the
  962  change creates a reasonable likelihood of new or additional
  963  regional impacts.
  964         3. Except for the change authorized by sub-subparagraph
  965  2.f., any addition of land not previously reviewed or any change
  966  not specified in paragraph (b) or paragraph (c) shall be
  967  presumed to create a substantial deviation. This presumption may
  968  be rebutted by clear and convincing evidence.
  969         4. Any submittal of a proposed change to a previously
  970  approved development shall include a description of individual
  971  changes previously made to the development, including changes
  972  previously approved by the local government. The local
  973  government shall consider the previous and current proposed
  974  changes in deciding whether such changes cumulatively constitute
  975  a substantial deviation requiring further development-of
  976  regional-impact review.
  977         5. The following changes to an approved development of
  978  regional impact shall be presumed to create a substantial
  979  deviation. Such presumption may be rebutted by clear and
  980  convincing evidence.
  981         a. A change proposed for 15 percent or more of the acreage
  982  to a land use not previously approved in the development order.
  983  Changes of less than 15 percent shall be presumed not to create
  984  a substantial deviation.
  985         b. Notwithstanding any provision of paragraph (b) to the
  986  contrary, a proposed change consisting of simultaneous increases
  987  and decreases of at least two of the uses within an authorized
  988  multiuse development of regional impact which was originally
  989  approved with three or more uses specified in s. 380.0651(3)(c)
  990  and (d) 380.0651(3)(c), (d), and (e) and residential use.
  991         6. If a local government agrees to a proposed change, a
  992  change in the transportation proportionate share calculation and
  993  mitigation plan in an adopted development order as a result of
  994  recalculation of the proportionate share contribution meeting
  995  the requirements of s. 163.3180(5)(h) in effect as of the date
  996  of such change shall be presumed not to create a substantial
  997  deviation. For purposes of this subsection, the proposed change
  998  in the proportionate share calculation or mitigation plan shall
  999  not be considered an additional regional transportation impact.
 1000         (24) STATUTORY EXEMPTIONS.—
 1001         (l) Any proposed development within an urban service
 1002  boundary established under s. 163.3177(14), Florida Statutes
 1003  2010, which is not otherwise exempt pursuant to subsection (29),
 1004  is exempt from this section if the local government having
 1005  jurisdiction over the area where the development is proposed has
 1006  adopted the urban service boundary and has entered into a
 1007  binding agreement with jurisdictions that would be impacted and
 1008  with the Department of Transportation regarding the mitigation
 1009  of impacts on state and regional transportation facilities.
 1010         (q) Any development identified in an airport master plan
 1011  and adopted into the comprehensive plan pursuant to s.
 1012  163.3177(6)(b)4. 163.3177(6)(k) is exempt from this section.
 1013  
 1014         If a use is exempt from review as a development of regional
 1015  impact under paragraphs (a)-(u), but will be part of a larger
 1016  project that is subject to review as a development of regional
 1017  impact, the impact of the exempt use must be included in the
 1018  review of the larger project, unless such exempt use involves a
 1019  development of regional impact that includes a landowner,
 1020  tenant, or user that has entered into a funding agreement with
 1021  the Department of Economic Opportunity under the Innovation
 1022  Incentive Program and the agreement contemplates a state award
 1023  of at least $50 million.
 1024         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 1025         (b) If a municipality that does not qualify as a dense
 1026  urban land area pursuant to paragraph (a) s. 163.3164 designates
 1027  any of the following areas in its comprehensive plan, any
 1028  proposed development within the designated area is exempt from
 1029  the development-of-regional-impact process:
 1030         1. Urban infill as defined in s. 163.3164;
 1031         2. Community redevelopment areas as defined in s. 163.340;
 1032         3. Downtown revitalization areas as defined in s. 163.3164;
 1033         4. Urban infill and redevelopment under s. 163.2517; or
 1034         5. Urban service areas as defined in s. 163.3164 or areas
 1035  within a designated urban service boundary under s.
 1036  163.3177(14).
 1037         Section 16. Subsection (1) of section 380.115, Florida
 1038  Statutes, is amended to read:
 1039         380.115 Vested rights and duties; effect of size reduction,
 1040  changes in guidelines and standards.—
 1041         (1) A change in a development-of-regional-impact guideline
 1042  and standard does not abridge or modify any vested or other
 1043  right or any duty or obligation pursuant to any development
 1044  order or agreement that is applicable to a development of
 1045  regional impact. A development that has received a development
 1046  of-regional-impact development order pursuant to s. 380.06, but
 1047  is no longer required to undergo development-of-regional-impact
 1048  review by operation of a change in the guidelines and standards
 1049  or has reduced its size below the thresholds in s. 380.0651, or
 1050  a development that is exempt pursuant to s. 380.06(24) or (29)
 1051  shall be governed by the following procedures:
 1052         (a) The development shall continue to be governed by the
 1053  development-of-regional-impact development order and may be
 1054  completed in reliance upon and pursuant to the development order
 1055  unless the developer or landowner has followed the procedures
 1056  for rescission in paragraph (b). Any proposed changes to those
 1057  developments which continue to be governed by a development
 1058  order shall be approved pursuant to s. 380.06(19) as it existed
 1059  prior to a change in the development-of-regional-impact
 1060  guidelines and standards, except that all percentage criteria
 1061  shall be doubled and all other criteria shall be increased by 10
 1062  percent. The development-of-regional-impact development order
 1063  may be enforced by the local government as provided by ss.
 1064  380.06(17) and 380.11.
 1065         (b) If requested by the developer or landowner, the
 1066  development-of-regional-impact development order shall be
 1067  rescinded by the local government having jurisdiction upon a
 1068  showing that all required mitigation related to the amount of
 1069  development that existed on the date of rescission has been
 1070  completed.
 1071         Section 17. Section 1013.33, Florida Statutes, is amended
 1072  to read:
 1073         1013.33 Coordination of planning with local governing
 1074  bodies.—
 1075         (1) It is the policy of this state to require the
 1076  coordination of planning between boards and local governing
 1077  bodies to ensure that plans for the construction and opening of
 1078  public educational facilities are facilitated and coordinated in
 1079  time and place with plans for residential development,
 1080  concurrently with other necessary services. Such planning shall
 1081  include the integration of the educational facilities plan and
 1082  applicable policies and procedures of a board with the local
 1083  comprehensive plan and land development regulations of local
 1084  governments. The planning must include the consideration of
 1085  allowing students to attend the school located nearest their
 1086  homes when a new housing development is constructed near a
 1087  county boundary and it is more feasible to transport the
 1088  students a short distance to an existing facility in an adjacent
 1089  county than to construct a new facility or transport students
 1090  longer distances in their county of residence. The planning must
 1091  also consider the effects of the location of public education
 1092  facilities, including the feasibility of keeping central city
 1093  facilities viable, in order to encourage central city
 1094  redevelopment and the efficient use of infrastructure and to
 1095  discourage uncontrolled urban sprawl. In addition, all parties
 1096  to the planning process must consult with state and local road
 1097  departments to assist in implementing the Safe Paths to Schools
 1098  program administered by the Department of Transportation.
 1099         (2)(a) The school board, county, and nonexempt
 1100  municipalities located within the geographic area of a school
 1101  district shall enter into an interlocal agreement according to
 1102  s. 163.31777 that jointly establishes the specific ways in which
 1103  the plans and processes of the district school board and the
 1104  local governments are to be coordinated. The interlocal
 1105  agreements shall be submitted to the state land planning agency
 1106  and the Office of Educational Facilities in accordance with a
 1107  schedule published by the state land planning agency.
 1108         (b) The schedule must establish staggered due dates for
 1109  submission of interlocal agreements that are executed by both
 1110  the local government and district school board, commencing on
 1111  March 1, 2003, and concluding by December 1, 2004, and must set
 1112  the same date for all governmental entities within a school
 1113  district. However, if the county where the school district is
 1114  located contains more than 20 municipalities, the state land
 1115  planning agency may establish staggered due dates for the
 1116  submission of interlocal agreements by these municipalities. The
 1117  schedule must begin with those areas where both the number of
 1118  districtwide capital-outlay full-time-equivalent students equals
 1119  80 percent or more of the current year’s school capacity and the
 1120  projected 5-year student growth rate is 1,000 or greater, or
 1121  where the projected 5-year student growth rate is 10 percent or
 1122  greater.
 1123         (c) If the student population has declined over the 5-year
 1124  period preceding the due date for submittal of an interlocal
 1125  agreement by the local government and the district school board,
 1126  the local government and district school board may petition the
 1127  state land planning agency for a waiver of one or more of the
 1128  requirements of subsection (3). The waiver must be granted if
 1129  the procedures called for in subsection (3) are unnecessary
 1130  because of the school district’s declining school age
 1131  population, considering the district’s 5-year work program
 1132  prepared pursuant to s. 1013.35. The state land planning agency
 1133  may modify or revoke the waiver upon a finding that the
 1134  conditions upon which the waiver was granted no longer exist.
 1135  The district school board and local governments must submit an
 1136  interlocal agreement within 1 year after notification by the
 1137  state land planning agency that the conditions for a waiver no
 1138  longer exist.
 1139         (d) Interlocal agreements between local governments and
 1140  district school boards adopted pursuant to s. 163.3177 before
 1141  the effective date of subsections (2)-(7) must be updated and
 1142  executed pursuant to the requirements of subsections (2)-(7), if
 1143  necessary. Amendments to interlocal agreements adopted pursuant
 1144  to subsections (2)-(7) must be submitted to the state land
 1145  planning agency within 30 days after execution by the parties
 1146  for review consistent with subsections (3) and (4). Local
 1147  governments and the district school board in each school
 1148  district are encouraged to adopt a single interlocal agreement
 1149  in which all join as parties. The state land planning agency
 1150  shall assemble and make available model interlocal agreements
 1151  meeting the requirements of subsections (2)-(7) and shall notify
 1152  local governments and, jointly with the Department of Education,
 1153  the district school boards of the requirements of subsections
 1154  (2)-(7), the dates for compliance, and the sanctions for
 1155  noncompliance. The state land planning agency shall be available
 1156  to informally review proposed interlocal agreements. If the
 1157  state land planning agency has not received a proposed
 1158  interlocal agreement for informal review, the state land
 1159  planning agency shall, at least 60 days before the deadline for
 1160  submission of the executed agreement, renotify the local
 1161  government and the district school board of the upcoming
 1162  deadline and the potential for sanctions.
 1163         (3) At a minimum, the interlocal agreement must address
 1164  interlocal agreement requirements in s. 163.31777 and, if
 1165  applicable, s. 163.3180(6), and must address the following
 1166  issues:
 1167         (a) A process by which each local government and the
 1168  district school board agree and base their plans on consistent
 1169  projections of the amount, type, and distribution of population
 1170  growth and student enrollment. The geographic distribution of
 1171  jurisdiction-wide growth forecasts is a major objective of the
 1172  process.
 1173         (b) A process to coordinate and share information relating
 1174  to existing and planned public school facilities, including
 1175  school renovations and closures, and local government plans for
 1176  development and redevelopment.
 1177         (c) Participation by affected local governments with the
 1178  district school board in the process of evaluating potential
 1179  school closures, significant renovations to existing schools,
 1180  and new school site selection before land acquisition. Local
 1181  governments shall advise the district school board as to the
 1182  consistency of the proposed closure, renovation, or new site
 1183  with the local comprehensive plan, including appropriate
 1184  circumstances and criteria under which a district school board
 1185  may request an amendment to the comprehensive plan for school
 1186  siting.
 1187         (d) A process for determining the need for and timing of
 1188  onsite and offsite improvements to support new construction,
 1189  proposed expansion, or redevelopment of existing schools. The
 1190  process shall address identification of the party or parties
 1191  responsible for the improvements.
 1192         (e) A process for the school board to inform the local
 1193  government regarding the effect of comprehensive plan amendments
 1194  on school capacity. The capacity reporting must be consistent
 1195  with laws and rules regarding measurement of school facility
 1196  capacity and must also identify how the district school board
 1197  will meet the public school demand based on the facilities work
 1198  program adopted pursuant to s. 1013.35.
 1199         (f) Participation of the local governments in the
 1200  preparation of the annual update to the school board’s 5-year
 1201  district facilities work program and educational plant survey
 1202  prepared pursuant to s. 1013.35.
 1203         (g) A process for determining where and how joint use of
 1204  either school board or local government facilities can be shared
 1205  for mutual benefit and efficiency.
 1206         (h) A procedure for the resolution of disputes between the
 1207  district school board and local governments, which may include
 1208  the dispute resolution processes contained in chapters 164 and
 1209  186.
 1210         (i) An oversight process, including an opportunity for
 1211  public participation, for the implementation of the interlocal
 1212  agreement.
 1213         (4)(a) The Office of Educational Facilities shall submit
 1214  any comments or concerns regarding the executed interlocal
 1215  agreement to the state land planning agency within 30 days after
 1216  receipt of the executed interlocal agreement. The state land
 1217  planning agency shall review the executed interlocal agreement
 1218  to determine whether it is consistent with the requirements of
 1219  subsection (3), the adopted local government comprehensive plan,
 1220  and other requirements of law. Within 60 days after receipt of
 1221  an executed interlocal agreement, the state land planning agency
 1222  shall publish a notice of intent in the Florida Administrative
 1223  Weekly and shall post a copy of the notice on the agency’s
 1224  Internet site. The notice of intent must state that the
 1225  interlocal agreement is consistent or inconsistent with the
 1226  requirements of subsection (3) and this subsection as
 1227  appropriate.
 1228         (b) The state land planning agency’s notice is subject to
 1229  challenge under chapter 120; however, an affected person, as
 1230  defined in s. 163.3184(1)(a), has standing to initiate the
 1231  administrative proceeding, and this proceeding is the sole means
 1232  available to challenge the consistency of an interlocal
 1233  agreement required by this section with the criteria contained
 1234  in subsection (3) and this subsection. In order to have
 1235  standing, each person must have submitted oral or written
 1236  comments, recommendations, or objections to the local government
 1237  or the school board before the adoption of the interlocal
 1238  agreement by the district school board and local government. The
 1239  district school board and local governments are parties to any
 1240  such proceeding. In this proceeding, when the state land
 1241  planning agency finds the interlocal agreement to be consistent
 1242  with the criteria in subsection (3) and this subsection, the
 1243  interlocal agreement must be determined to be consistent with
 1244  subsection (3) and this subsection if the local government’s and
 1245  school board’s determination of consistency is fairly debatable.
 1246  When the state land planning agency finds the interlocal
 1247  agreement to be inconsistent with the requirements of subsection
 1248  (3) and this subsection, the local government’s and school
 1249  board’s determination of consistency shall be sustained unless
 1250  it is shown by a preponderance of the evidence that the
 1251  interlocal agreement is inconsistent.
 1252         (c) If the state land planning agency enters a final order
 1253  that finds that the interlocal agreement is inconsistent with
 1254  the requirements of subsection (3) or this subsection, the state
 1255  land planning agency shall forward it to the Administration
 1256  Commission, which may impose sanctions against the local
 1257  government pursuant to s. 163.3184(11) and may impose sanctions
 1258  against the district school board by directing the Department of
 1259  Education to withhold an equivalent amount of funds for school
 1260  construction available pursuant to ss. 1013.65, 1013.68,
 1261  1013.70, and 1013.72.
 1262         (5) If an executed interlocal agreement is not timely
 1263  submitted to the state land planning agency for review, the
 1264  state land planning agency shall, within 15 working days after
 1265  the deadline for submittal, issue to the local government and
 1266  the district school board a notice to show cause why sanctions
 1267  should not be imposed for failure to submit an executed
 1268  interlocal agreement by the deadline established by the agency.
 1269  The agency shall forward the notice and the responses to the
 1270  Administration Commission, which may enter a final order citing
 1271  the failure to comply and imposing sanctions against the local
 1272  government and district school board by directing the
 1273  appropriate agencies to withhold at least 5 percent of state
 1274  funds pursuant to s. 163.3184(11) and by directing the
 1275  Department of Education to withhold from the district school
 1276  board at least 5 percent of funds for school construction
 1277  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 1278  1013.72.
 1279         (6) Any local government transmitting a public school
 1280  element to implement school concurrency pursuant to the
 1281  requirements of s. 163.3180 before the effective date of this
 1282  section is not required to amend the element or any interlocal
 1283  agreement to conform with the provisions of subsections (2)-(6)
 1284  if the element is adopted prior to or within 1 year after the
 1285  effective date of subsections (2)-(6) and remains in effect.
 1286         (3)(7) A board and the local governing body must share and
 1287  coordinate information related to existing and planned school
 1288  facilities; proposals for development, redevelopment, or
 1289  additional development; and infrastructure required to support
 1290  the school facilities, concurrent with proposed development. A
 1291  school board shall use information produced by the demographic,
 1292  revenue, and education estimating conferences pursuant to s.
 1293  216.136 when preparing the district educational facilities plan
 1294  pursuant to s. 1013.35, as modified and agreed to by the local
 1295  governments, when provided by interlocal agreement, and the
 1296  Office of Educational Facilities, in consideration of local
 1297  governments’ population projections, to ensure that the district
 1298  educational facilities plan not only reflects enrollment
 1299  projections but also considers applicable municipal and county
 1300  growth and development projections. The projections must be
 1301  apportioned geographically with assistance from the local
 1302  governments using local government trend data and the school
 1303  district student enrollment data. A school board is precluded
 1304  from siting a new school in a jurisdiction where the school
 1305  board has failed to provide the annual educational facilities
 1306  plan for the prior year required pursuant to s. 1013.35 unless
 1307  the failure is corrected.
 1308         (4)(8) The location of educational facilities shall be
 1309  consistent with the comprehensive plan of the appropriate local
 1310  governing body developed under part II of chapter 163 and
 1311  consistent with the plan’s implementing land development
 1312  regulations.
 1313         (5)(9) To improve coordination relative to potential
 1314  educational facility sites, a board shall provide written notice
 1315  to the local government that has regulatory authority over the
 1316  use of the land consistent with an interlocal agreement entered
 1317  pursuant to s. 163.31777subsections (2)-(6) at least 60 days
 1318  prior to acquiring or leasing property that may be used for a
 1319  new public educational facility. The local government, upon
 1320  receipt of this notice, shall notify the board within 45 days if
 1321  the site proposed for acquisition or lease is consistent with
 1322  the land use categories and policies of the local government’s
 1323  comprehensive plan. This preliminary notice does not constitute
 1324  the local government’s determination of consistency pursuant to
 1325  subsection (6)(10).
 1326         (6)(10) As early in the design phase as feasible and
 1327  consistent with an interlocal agreement entered pursuant to s.
 1328  163.31777subsections (2)-(6), but no later than 90 days before
 1329  commencing construction, the district school board shall in
 1330  writing request a determination of consistency with the local
 1331  government’s comprehensive plan. The local governing body that
 1332  regulates the use of land shall determine, in writing within 45
 1333  days after receiving the necessary information and a school
 1334  board’s request for a determination, whether a proposed
 1335  educational facility is consistent with the local comprehensive
 1336  plan and consistent with local land development regulations. If
 1337  the determination is affirmative, school construction may
 1338  commence and further local government approvals are not
 1339  required, except as provided in this section. Failure of the
 1340  local governing body to make a determination in writing within
 1341  90 days after a district school board’s request for a
 1342  determination of consistency shall be considered an approval of
 1343  the district school board’s application. Campus master plans and
 1344  development agreements must comply with the provisions of s.
 1345  1013.30.
 1346         (7)(11) A local governing body may not deny the site
 1347  applicant based on adequacy of the site plan as it relates
 1348  solely to the needs of the school. If the site is consistent
 1349  with the comprehensive plan’s land use policies and categories
 1350  in which public schools are identified as allowable uses, the
 1351  local government may not deny the application but it may impose
 1352  reasonable development standards and conditions in accordance
 1353  with s. 1013.51(1) and consider the site plan and its adequacy
 1354  as it relates to environmental concerns, health, safety and
 1355  welfare, and effects on adjacent property. Standards and
 1356  conditions may not be imposed which conflict with those
 1357  established in this chapter or the Florida Building Code, unless
 1358  mutually agreed and consistent with the interlocal agreement
 1359  required by s. 163.31777subsections (2)-(6).
 1360         (8)(12) This section does not prohibit a local governing
 1361  body and district school board from agreeing and establishing an
 1362  alternative process for reviewing a proposed educational
 1363  facility and site plan, and offsite impacts, pursuant to an
 1364  interlocal agreement adopted in accordance with s.
 1365  163.31777subsections (2)-(6).
 1366         (9)(13) Existing schools shall be considered consistent
 1367  with the applicable local government comprehensive plan adopted
 1368  under part II of chapter 163. If a board submits an application
 1369  to expand an existing school site, the local governing body may
 1370  impose reasonable development standards and conditions on the
 1371  expansion only, and in a manner consistent with s. 1013.51(1).
 1372  Standards and conditions may not be imposed which conflict with
 1373  those established in this chapter or the Florida Building Code,
 1374  unless mutually agreed. Local government review or approval is
 1375  not required for:
 1376         (a) The placement of temporary or portable classroom
 1377  facilities; or
 1378         (b) Proposed renovation or construction on existing school
 1379  sites, with the exception of construction that changes the
 1380  primary use of a facility, includes stadiums, or results in a
 1381  greater than 5 percent increase in student capacity, or as
 1382  mutually agreed upon, pursuant to an interlocal agreement
 1383  adopted in accordance with s. 163.31777subsections (2)-(6).
 1384         Section 18. Paragraph (b) of subsection (2) of section
 1385  1013.35, Florida Statutes, is amended to read:
 1386         1013.35 School district educational facilities plan;
 1387  definitions; preparation, adoption, and amendment; long-term
 1388  work programs.—
 1389         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 1390  FACILITIES PLAN.—
 1391         (b) The plan must also include a financially feasible
 1392  district facilities work program for a 5-year period. The work
 1393  program must include:
 1394         1. A schedule of major repair and renovation projects
 1395  necessary to maintain the educational facilities and ancillary
 1396  facilities of the district.
 1397         2. A schedule of capital outlay projects necessary to
 1398  ensure the availability of satisfactory student stations for the
 1399  projected student enrollment in K-12 programs. This schedule
 1400  shall consider:
 1401         a. The locations, capacities, and planned utilization rates
 1402  of current educational facilities of the district. The capacity
 1403  of existing satisfactory facilities, as reported in the Florida
 1404  Inventory of School Houses must be compared to the capital
 1405  outlay full-time-equivalent student enrollment as determined by
 1406  the department, including all enrollment used in the calculation
 1407  of the distribution formula in s. 1013.64.
 1408         b. The proposed locations of planned facilities, whether
 1409  those locations are consistent with the comprehensive plans of
 1410  all affected local governments, and recommendations for
 1411  infrastructure and other improvements to land adjacent to
 1412  existing facilities. The provisions of ss. 1013.33(6)(10),
 1413  (7)(11), and (8)(12) and 1013.36 must be addressed for new
 1414  facilities planned within the first 3 years of the work plan, as
 1415  appropriate.
 1416         c. Plans for the use and location of relocatable
 1417  facilities, leased facilities, and charter school facilities.
 1418         d. Plans for multitrack scheduling, grade level
 1419  organization, block scheduling, or other alternatives that
 1420  reduce the need for additional permanent student stations.
 1421         e. Information concerning average class size and
 1422  utilization rate by grade level within the district which will
 1423  result if the tentative district facilities work program is
 1424  fully implemented.
 1425         f. The number and percentage of district students planned
 1426  to be educated in relocatable facilities during each year of the
 1427  tentative district facilities work program. For determining
 1428  future needs, student capacity may not be assigned to any
 1429  relocatable classroom that is scheduled for elimination or
 1430  replacement with a permanent educational facility in the current
 1431  year of the adopted district educational facilities plan and in
 1432  the district facilities work program adopted under this section.
 1433  Those relocatable classrooms clearly identified and scheduled
 1434  for replacement in a school-board-adopted, financially feasible,
 1435  5-year district facilities work program shall be counted at zero
 1436  capacity at the time the work program is adopted and approved by
 1437  the school board. However, if the district facilities work
 1438  program is changed and the relocatable classrooms are not
 1439  replaced as scheduled in the work program, the classrooms must
 1440  be reentered into the system and be counted at actual capacity.
 1441  Relocatable classrooms may not be perpetually added to the work
 1442  program or continually extended for purposes of circumventing
 1443  this section. All relocatable classrooms not identified and
 1444  scheduled for replacement, including those owned, lease
 1445  purchased, or leased by the school district, must be counted at
 1446  actual student capacity. The district educational facilities
 1447  plan must identify the number of relocatable student stations
 1448  scheduled for replacement during the 5-year survey period and
 1449  the total dollar amount needed for that replacement.
 1450         g. Plans for the closure of any school, including plans for
 1451  disposition of the facility or usage of facility space, and
 1452  anticipated revenues.
 1453         h. Projects for which capital outlay and debt service funds
 1454  accruing under s. 9(d), Art. XII of the State Constitution are
 1455  to be used shall be identified separately in priority order on a
 1456  project priority list within the district facilities work
 1457  program.
 1458         3. The projected cost for each project identified in the
 1459  district facilities work program. For proposed projects for new
 1460  student stations, a schedule shall be prepared comparing the
 1461  planned cost and square footage for each new student station, by
 1462  elementary, middle, and high school levels, to the low, average,
 1463  and high cost of facilities constructed throughout the state
 1464  during the most recent fiscal year for which data is available
 1465  from the Department of Education.
 1466         4. A schedule of estimated capital outlay revenues from
 1467  each currently approved source which is estimated to be
 1468  available for expenditure on the projects included in the
 1469  district facilities work program.
 1470         5. A schedule indicating which projects included in the
 1471  district facilities work program will be funded from current
 1472  revenues projected in subparagraph 4.
 1473         6. A schedule of options for the generation of additional
 1474  revenues by the district for expenditure on projects identified
 1475  in the district facilities work program which are not funded
 1476  under subparagraph 5. Additional anticipated revenues may
 1477  include effort index grants, SIT Program awards, and Classrooms
 1478  First funds.
 1479         Section 19. Subsections (3), (5), (6), (7), (8), (9), (10),
 1480  and (11) of section 1013.351, Florida Statutes, are amended to
 1481  read:
 1482         1013.351 Coordination of planning between the Florida
 1483  School for the Deaf and the Blind and local governing bodies.—
 1484         (3) The board of trustees and the municipality in which the
 1485  school is located may enter into an interlocal agreement to
 1486  establish the specific ways in which the plans and processes of
 1487  the board of trustees and the local government are to be
 1488  coordinated. If the school and local government enter into an
 1489  interlocal agreement, the agreement must be submitted to the
 1490  state land planning agency and the Office of Educational
 1491  Facilities.
 1492         (5)(a) The Office of Educational Facilities shall submit
 1493  any comments or concerns regarding the executed interlocal
 1494  agreements to the state land planning agency no later than 30
 1495  days after receipt of the executed interlocal agreements. The
 1496  state land planning agency shall review the executed interlocal
 1497  agreements to determine whether they are consistent with the
 1498  requirements of subsection (4), the adopted local government
 1499  comprehensive plans, and other requirements of law. Not later
 1500  than 60 days after receipt of an executed interlocal agreement,
 1501  the state land planning agency shall publish a notice of intent
 1502  in the Florida Administrative Weekly. The notice of intent must
 1503  state that the interlocal agreement is consistent or
 1504  inconsistent with the requirements of subsection (4) and this
 1505  subsection as appropriate.
 1506         (b)1. The state land planning agency’s notice is subject to
 1507  challenge under chapter 120. However, an affected person, as
 1508  defined in s. 163.3184, has standing to initiate the
 1509  administrative proceeding, and this proceeding is the sole means
 1510  available to challenge the consistency of an interlocal
 1511  agreement with the criteria contained in subsection (4) and this
 1512  subsection. In order to have standing, a person must have
 1513  submitted oral or written comments, recommendations, or
 1514  objections to the appropriate local government or the board of
 1515  trustees before the adoption of the interlocal agreement by the
 1516  board of trustees and local government. The board of trustees
 1517  and the appropriate local government are parties to any such
 1518  proceeding.
 1519         2. In the administrative proceeding, if the state land
 1520  planning agency finds the interlocal agreement to be consistent
 1521  with the criteria in subsection (4) and this subsection, the
 1522  interlocal agreement must be determined to be consistent with
 1523  subsection (4) and this subsection if the local government and
 1524  board of trustees is fairly debatable.
 1525         3. If the state land planning agency finds the interlocal
 1526  agreement to be inconsistent with the requirements of subsection
 1527  (4) and this subsection, the determination of consistency by the
 1528  local government and board of trustees shall be sustained unless
 1529  it is shown by a preponderance of the evidence that the
 1530  interlocal agreement is inconsistent.
 1531         (c) If the state land planning agency enters a final order
 1532  that finds that the interlocal agreement is inconsistent with
 1533  the requirements of subsection (4) or this subsection, the state
 1534  land planning agency shall identify the issues in dispute and
 1535  submit the matter to the Administration Commission for final
 1536  action. The report to the Administration Commission must list
 1537  each issue in dispute, describe the nature and basis for each
 1538  dispute, identify alternative resolutions of each dispute, and
 1539  make recommendations. After receiving the report from the state
 1540  land planning agency, the Administration Commission shall take
 1541  action to resolve the issues. In deciding upon a proper
 1542  resolution, the Administration Commission shall consider the
 1543  nature of the issues in dispute, the compliance of the parties
 1544  with this section, the extent of the conflict between the
 1545  parties, the comparative hardships, and the public interest
 1546  involved. In resolving the matter, the Administration Commission
 1547  may prescribe, by order, the contents of the interlocal
 1548  agreement which shall be executed by the board of trustees and
 1549  the local government.
 1550         (5)(6) An interlocal agreement may be amended under
 1551  subsections (2)-(4) (2)-(5):
 1552         (a) In conjunction with updates to the school’s educational
 1553  plant survey prepared under s. 1013.31; or
 1554         (b) If either party delays by more than 12 months the
 1555  construction of a capital improvement identified in the
 1556  agreement.
 1557         (6)(7) This section does not prohibit a local governing
 1558  body and the board of trustees from agreeing and establishing an
 1559  alternative process for reviewing proposed expansions to the
 1560  school’s campus and offsite impacts, under the interlocal
 1561  agreement adopted in accordance with subsections (2)-(5) (2)
 1562  (6).
 1563         (7)(8) School facilities within the geographic area or the
 1564  campus of the school as it existed on or before January 1, 1998,
 1565  are consistent with the local government’s comprehensive plan
 1566  developed under part II of chapter 163 and consistent with the
 1567  plan’s implementing land development regulations.
 1568         (8)(9) To improve coordination relative to potential
 1569  educational facility sites, the board of trustees shall provide
 1570  written notice to the local governments consistent with the
 1571  interlocal agreements entered under subsections (2)-(5) (2)-(6)
 1572  at least 60 days before the board of trustees acquires any
 1573  additional property. The local government shall notify the board
 1574  of trustees no later than 45 days after receipt of this notice
 1575  if the site proposed for acquisition is consistent with the land
 1576  use categories and policies of the local government’s
 1577  comprehensive plan. This preliminary notice does not constitute
 1578  the local government’s determination of consistency under
 1579  subsection (9) (10).
 1580         (9)(10) As early in the design phase as feasible, but no
 1581  later than 90 days before commencing construction, the board of
 1582  trustees shall request in writing a determination of consistency
 1583  with the local government’s comprehensive plan and local
 1584  development regulations for the proposed use of any property
 1585  acquired by the board of trustees on or after January 1, 1998.
 1586  The local governing body that regulates the use of land shall
 1587  determine, in writing, no later than 45 days after receiving the
 1588  necessary information and a school board’s request for a
 1589  determination, whether a proposed use of the property is
 1590  consistent with the local comprehensive plan and consistent with
 1591  local land development regulations. If the local governing body
 1592  determines the proposed use is consistent, construction may
 1593  commence and additional local government approvals are not
 1594  required, except as provided in this section. Failure of the
 1595  local governing body to make a determination in writing within
 1596  90 days after receiving the board of trustees’ request for a
 1597  determination of consistency shall be considered an approval of
 1598  the board of trustees’ application. This subsection does not
 1599  apply to facilities to be located on the property if a contract
 1600  for construction of the facilities was entered on or before the
 1601  effective date of this act.
 1602         (10)(11) Disputes that arise in the implementation of an
 1603  executed interlocal agreement or in the determinations required
 1604  pursuant to subsection (8) (9) or subsection (9) (10) must be
 1605  resolved in accordance with chapter 164.
 1606         Section 20. Subsection (6) of section 1013.36, Florida
 1607  Statutes, is amended to read:
 1608         1013.36 Site planning and selection.—
 1609         (6) If the school board and local government have entered
 1610  into an interlocal agreement pursuant to s. 1013.33(2) and
 1611  either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
 1612  process to ensure consistency between the local government
 1613  comprehensive plan and the school district educational
 1614  facilities plan, site planning and selection must be consistent
 1615  with the interlocal agreements and the plans.
 1616  
 1617  
 1618  ================= T I T L E  A M E N D M E N T ================
 1619         And the title is amended as follows:
 1620         Delete everything before the enacting clause
 1621  and insert: 
 1622                        A bill to be entitled                      
 1623         An act relating to growth management; amending s. 163.3167,
 1624  F.S.; authorizing a local government to retain certain charter
 1625  provisions that were in effect as of a specified date and that
 1626  relate to an initiative or referendum process; amending s.
 1627  163.3174, F.S.; requiring a local land planning agency to
 1628  periodically evaluate and appraise a comprehensive plan;
 1629  amending s. 163.3177, F.S.; revising the housing and
 1630  intergovernmental coordination elements of comprehensive plans;
 1631  amending s. 163.31777, F.S.; exempting certain municipalities
 1632  from public schools interlocal-agreement requirements; providing
 1633  requirements for municipalities meeting the exemption criteria;
 1634  amending s. 163.3178, F.S.; replacing a reference to the
 1635  Department of Community Affairs with the state land planning
 1636  agency; deleting provisions relating to the Coastal Resources
 1637  Interagency Management Committee; amending s. 163.3180, F.S.,
 1638  relating to concurrency; revising and providing requirements
 1639  relating to public facilities and services, public education
 1640  facilities, and local school concurrency system requirements;
 1641  deleting provisions excluding a municipality that is not a
 1642  signatory to a certain interlocal agreement from participating
 1643  in a school concurrency system; amending s. 163.3184, F.S.;
 1644  revising provisions relating to the expedited state review
 1645  process for adoption of comprehensive plan amendments;
 1646  clarifying the time in which a local government must transmit an
 1647  amendment to a comprehensive plan and supporting data and
 1648  analyses to the reviewing agencies; deleting the deadlines in
 1649  administrative challenges to comprehensive plans and plan
 1650  amendments for the entry of final orders and referrals of
 1651  recommended orders; specifying a deadline for the state land
 1652  planning agency to issue a notice of intent after receiving a
 1653  complete comprehensive plan or plan amendment adopted pursuant
 1654  to a compliance agreement; amending s. 163.3191, F.S.;
 1655  conforming a cross-reference to changes made by the act;
 1656  amending s. 163.3245, F.S.; deleting an obsolete cross
 1657  reference; deleting a reporting requirement relating to optional
 1658  sector plans; amending s. 186.002, F.S.; deleting a requirement
 1659  for the Governor to consider certain evaluation and appraisal
 1660  reports in preparing certain plans and amendments; amending s.
 1661  186.007, F.S.; deleting a requirement for the Governor to
 1662  consider certain evaluation and appraisal reports when reviewing
 1663  the state comprehensive plan; amending s. 186.508, F.S.;
 1664  requiring regional planning councils to coordinate
 1665  implementation of the strategic regional policy plans with the
 1666  evaluation and appraisal process; amending s. 189.415, F.S.;
 1667  requiring an independent special district to update its public
 1668  facilities report every 7 years and at least 12 months before
 1669  the submission date of the evaluation and appraisal notification
 1670  letter; requiring the Department of Economic Opportunity to post
 1671  a schedule of the due dates for public facilities reports and
 1672  updates that independent special districts must provide to local
 1673  governments; amending s. 288.975, F.S.; deleting a provision
 1674  exempting local government plan amendments necessary to
 1675  initially adopt the military base reuse plan from a limitation
 1676  on the frequency of plan amendments; amending s. 380.06, F.S.;
 1677  correcting cross-references; amending s. 380.115, F.S.; adding a
 1678  cross-reference for exempt developments; amending s. 1013.33,
 1679  F.S.; deleting redundant requirements for interlocal agreements
 1680  relating to public education facilities; amending s. 1013.35,
 1681  F.S.; deleting a cross-reference to conform to changes made by
 1682  the act; amending s. 1013.351, F.S.; deleting redundant
 1683  requirements for the submission of certain interlocal agreements
 1684  with the Office of Educational Facilities and the state land
 1685  planning agency and for review of the interlocal agreement by
 1686  the office and the agency; amending s. 1013.36, F.S.; deleting
 1687  an obsolete cross-reference; providing an effective date.
 1688