1 | A bill to be entitled |
2 | An act relating to the Local Government Comprehensive |
3 | Planning and Land Development Regulation Act; amending s. |
4 | 125.66, F.S.; applying certain enactment procedures to |
5 | ordinances adopting a comprehensive plan or plan |
6 | amendment; revising such procedures; amending s. 163.3164, |
7 | F.S.; revising definitions; amending s. 163.3167, F.S.; |
8 | requiring certain municipalities to establish a local |
9 | planning agency and prepare and adopt a comprehensive |
10 | plan; providing for application of the county plan; |
11 | revising requirements for a vision plan component; |
12 | deleting a water supply sources requirement; amending s. |
13 | 163.3174, F.S.; specifying requirements of local planning |
14 | agencies and governing bodies relating to adopting |
15 | proposed plans and plan amendments; creating s. 163.3176, |
16 | F.S.; providing legislative findings; specifying |
17 | legislatively declared priority state interests; providing |
18 | for challenges to plan amendments impacting priority state |
19 | interests; providing requirements, procedures, and |
20 | limitations; amending s. 163.3177, F.S.; revising required |
21 | and optional comprehensive plan elements; authorizing |
22 | local governments to elect to use a certain certified |
23 | fiscal impact model to demonstrate plan financial |
24 | feasibility; authorizing the state land planning agency to |
25 | certify use of alternative methodologies for determining |
26 | financial feasibility; authorizing local governments to |
27 | adopt comprehensive plan enhancements; providing |
28 | requirements; providing for adoption of transportation |
29 | corridor management ordinances, long-range facility plans, |
30 | local mitigation strategies, buildout plans, and rural |
31 | land stewardship areas; providing requirements; |
32 | authorizing local governments to adopt certified |
33 | comprehensive plans; providing plan requirements; amending |
34 | s. 163.31777, F.S.; providing additional requirements for |
35 | interlocal agreement issues relating to additional school |
36 | capacity; creating s. 163.31778, F.S.; specifying |
37 | requirements for plan amendments impacting demand on |
38 | public school capacities; requiring school capacity |
39 | reports; providing report requirements; authorizing local |
40 | governments to deny plan amendment requests impacting |
41 | public school facilities demands under certain |
42 | circumstances; providing for proportionate-share |
43 | mitigation options in educational facilities plans; |
44 | providing for development agreements for proportionate- |
45 | share mitigation of impacts; providing requirements and |
46 | limitations; providing legislative findings; amending s. |
47 | 163.3181, F.S.; revising legislative intent relating to |
48 | public participation in the comprehensive planning |
49 | process; amending s. 163.3184, F.S.; revising process |
50 | requirements and procedures for adopting comprehensive |
51 | plans or plan amendments; revising definitions; providing |
52 | a coordination requirement between the state land planning |
53 | agency and local governments; providing requirements and |
54 | procedures for local government transmittal and adoption |
55 | of proposed plans or plan amendments; providing |
56 | requirements and procedures for intergovernmental, |
57 | regional, county, municipal, and state land planning |
58 | review; providing requirements and procedures for local |
59 | government review of comments, adoption of a comprehensive |
60 | plan or plan amendments, and transmittal; providing |
61 | requirements and procedures for challenges to plan |
62 | amendments; providing for effective dates of plan |
63 | amendments; providing requirements and procedures for |
64 | proposed plans or plan amendments based upon evaluation |
65 | and appraisal reports; providing certain compliance notice |
66 | requirements; providing requirements and procedures for |
67 | challenges to such amendments; providing for |
68 | administrative hearings; providing requirements and |
69 | procedures for mediation and expeditious resolution of |
70 | amendment proceedings; providing notice requirements; |
71 | providing requirements for good faith filings; providing |
72 | for award of expenses and attorney fees under certain |
73 | circumstances; specifying exclusivity of certain |
74 | proceedings; specifying application of plans or plan |
75 | amendments to areas of critical state concern; amending s. |
76 | 163.3187, F.S.; revising provisions regulating frequency |
77 | of amendments; providing procedures and limitations for |
78 | small-scale development plan amendments; amending s. |
79 | 163.3191, F.S.; revising requirements and procedures for |
80 | evaluating and appraising comprehensive plans and |
81 | preparing and submitting evaluation and appraisal reports; |
82 | providing for communitywide assessments; providing for |
83 | evaluating major community planning issues and special |
84 | planning issues; providing for scoping meetings for |
85 | certain purposes; providing requirements and procedures |
86 | for such meetings; revising time periods for providing |
87 | certain reports to certain entities for review; revising |
88 | review requirements; deleting a provision authorizing the |
89 | Administration Commission to impose sanctions against |
90 | local governments under certain circumstances; amending s. |
91 | 163.3245, F.S.; revising provisions relating to optional |
92 | sector plans to delete demonstration project limitations; |
93 | deleting a reporting requirement; amending s. 166.041, |
94 | F.S.; revising procedures for municipalities adopting |
95 | ordinances and resolutions to conform; amending ss. 70.51, |
96 | 163.3178, 163.3180, 163.3213, 163.3229, 163.3246, 163.516, |
97 | 186.515, 287.042, 288.975, 369.303, 380.06, 380.061, |
98 | 403.973, 420.9071, 420.9076, 1013.30, and 1013.33, F.S.; |
99 | correcting cross references and revising provisions to |
100 | conform; repealing s. 163.3189, F.S., relating to a |
101 | process for amending an adopted comprehensive plan; |
102 | providing an effective date. |
103 |
|
104 | Be It Enacted by the Legislature of the State of Florida: |
105 |
|
106 | Section 1. Subsection (4) of section 125.66, Florida |
107 | Statutes, is amended to read: |
108 | 125.66 Ordinances; enactment procedure; emergency |
109 | ordinances; rezoning or change of land use ordinances or |
110 | resolutions.-- |
111 | (4) Ordinances or resolutions, initiated by other than the |
112 | county, that change the actual zoning map designation of a |
113 | parcel or parcels of land shall be enacted pursuant to |
114 | subsection (2). Ordinances or resolutions that change the actual |
115 | list of permitted, conditional, or prohibited uses within a |
116 | zoning category, or ordinances or resolutions initiated by the |
117 | county that change the actual zoning map designation of a parcel |
118 | or parcels of land, and ordinances which adopt a comprehensive |
119 | plan or plan amendment, shall be enacted pursuant to the |
120 | following procedure: |
121 | (a) In cases in which the proposed ordinance or resolution |
122 | changes the actual zoning map designation for a parcel or |
123 | parcels of land involving less than 10 contiguous acres, or in |
124 | which the proposed ordinance approves a small-scale |
125 | comprehensive plan amendment, the board of county commissioners, |
126 | in addition to following the general notice requirements of |
127 | subsection (2), shall direct its clerk to notify by mail each |
128 | real property owner whose land the governmental agency will |
129 | redesignate by enactment of the ordinance or resolution and |
130 | whose address is known by reference to the latest ad valorem tax |
131 | records. The notice shall state the substance of the proposed |
132 | ordinance or resolution as it affects that property owner and |
133 | shall set a time and place for one or more public hearings on |
134 | such ordinance or resolution. Such notice shall be given at |
135 | least 30 days prior to the date set for the public hearing, and |
136 | a copy of such notice shall be kept available for public |
137 | inspection during the regular business hours of the office of |
138 | the clerk of the board of county commissioners. The board of |
139 | county commissioners shall hold a public hearing on the proposed |
140 | ordinance or resolution and may, upon the conclusion of the |
141 | hearing, immediately adopt the ordinance or resolution. |
142 | (b) In cases in which the proposed ordinance or resolution |
143 | changes the actual list of permitted, conditional, or prohibited |
144 | uses within a zoning category, or changes the actual zoning map |
145 | designation of a parcel or parcels of land involving 10 |
146 | contiguous acres or more, or adopts a comprehensive plan or plan |
147 | amendment which is not small scale, the board of county |
148 | commissioners shall provide for public notice and hearings as |
149 | follows: |
150 | 1. The board of county commissioners shall hold two |
151 | advertised public hearings on the proposed ordinance or |
152 | resolution. At least one hearing shall be held after 5 p.m. on a |
153 | weekday, unless the board of county commissioners, by a majority |
154 | plus one vote, elects to conduct that hearing at another time of |
155 | day. The first public hearing shall be held at least 7 days |
156 | after the day that the first advertisement is published. The |
157 | second hearing shall be held at least 10 days after the first |
158 | hearing and shall be advertised at least 5 days prior to the |
159 | public hearing. |
160 | 2. The required advertisements shall be no less than 2 |
161 | columns wide by 10 inches long in a standard size or a tabloid |
162 | size newspaper, and the headline in the advertisement shall be |
163 | in a type no smaller than 18 point. The advertisement shall not |
164 | be placed in that portion of the newspaper where legal notices |
165 | and classified advertisements appear. The advertisement shall be |
166 | placed in a newspaper of general paid circulation in the county |
167 | and of general interest and readership in the community pursuant |
168 | to chapter 50, not one of limited subject matter. It is the |
169 | legislative intent that, whenever possible, the advertisement |
170 | shall appear in a newspaper that is published at least 5 days a |
171 | week unless the only newspaper in the community is published |
172 | less than 5 days a week. The advertisement shall be in |
173 | substantially the following form: |
174 |
|
175 | NOTICE OF (TYPE OF) CHANGE |
176 |
|
177 | The (name of local governmental unit) proposes to adopt |
178 | the following by ordinance or resolution: (title of ordinance |
179 | or resolution) . |
180 | A public hearing on the ordinance or resolution will be |
181 | held on (date and time) at (meeting place) . |
182 |
|
183 | Except for amendments which change the actual list of permitted, |
184 | conditional, or prohibited uses within a zoning category or |
185 | amend the text of the comprehensive plan, the advertisement |
186 | shall contain a geographic location map which clearly indicates |
187 | the area within the local government covered by the proposed |
188 | ordinance or resolution. The map shall include major street |
189 | names as a means of identification of the general area. |
190 | 3. In lieu of publishing the advertisements set out in |
191 | this paragraph, the board of county commissioners may mail a |
192 | notice to each person owning real property within the area |
193 | covered by the ordinance or resolution. Such notice shall |
194 | clearly explain the proposed ordinance or resolution and shall |
195 | notify the person of the time, place, and location of both |
196 | public hearings on the proposed ordinance or resolution. |
197 | Section 2. Subsection (1) of section 163.3164, Florida |
198 | Statutes, is amended, subsections (2) through (31) of said |
199 | section are renumbered as subsections (1) through (30), |
200 | respectively, and subsections (31) and (32) are added to said |
201 | section, to read: |
202 | 163.3164 Local Government Comprehensive Planning and Land |
203 | Development Regulation Act; definitions.--As used in this act: |
204 | (1) "Administration Commission" means the Governor and the |
205 | Cabinet, and for purposes of this chapter the commission shall |
206 | act on a simple majority vote, except that for purposes of |
207 | imposing the sanctions provided in s. 163.3184(11), affirmative |
208 | action shall require the approval of the Governor and at least |
209 | three other members of the commission. |
210 | (31) "Financial feasibility" means sufficient revenues are |
211 | currently available or will be available from committed funding |
212 | sources available for capital improvements financing, such as ad |
213 | valorem taxes, bonds, state funds, federal funds, tax revenues, |
214 | impact fees, and developer contributions, adequate to fund the |
215 | projected costs of the capital improvements. The revenue sources |
216 | must be included in the 5-year schedule of capital improvements |
217 | and be available during the long-range planning period. The |
218 | revenue sources must apply to capital improvements for which the |
219 | local government has fiscal responsibility. If the local |
220 | government uses planned revenue sources that require referenda |
221 | or other actions to secure the revenue source, the plan must, in |
222 | the event the referenda are not passed or actions are not taken |
223 | which would secure the planned revenue source, identify other |
224 | existing revenue sources that will be used to fund the capital |
225 | projects or otherwise amend the plan to ensure financial |
226 | feasibility. |
227 | (32) "Infrastructure development encouragement areas" |
228 | means areas where local governments have committed to encourage |
229 | development through the provision of adequate supporting |
230 | infrastructure consistent with the adopted comprehensive plan. |
231 | Section 3. Subsections (2), (3), (11), and (13) of section |
232 | 163.3167, Florida Statutes, are amended, and subsection (14) of |
233 | said section is renumbered as subsection (13), to read: |
234 | 163.3167 Scope of act.-- |
235 | (2) Each local government shall prepare a comprehensive |
236 | plan of the type and in the manner set out in this act or shall |
237 | prepare amendments to its existing comprehensive plan to conform |
238 | it to the requirements of this part in the manner set out in |
239 | this part. A municipality established after July 1, 2005, shall, |
240 | within one year after incorporation, establish a local planning |
241 | agency, pursuant to s. 163.3174, and prepare and adopt a |
242 | comprehensive plan of the type and in the manner set out in this |
243 | act within 3 years after the date of such incorporation. The |
244 | county comprehensive plan in effect on the date of such |
245 | incorporation shall control until the municipality adopts a |
246 | comprehensive plan in accord with the provisions of this act. |
247 | Subsequent changes to the county comprehensive plan shall not |
248 | apply to the municipality. However, the municipality may adopt |
249 | amendments to the interim county comprehensive plan that apply |
250 | to the municipality. Each local government, in accordance with |
251 | the procedures in s. 163.3184, shall submit its complete |
252 | proposed comprehensive plan or its complete comprehensive plan |
253 | as proposed to be amended to the state land planning agency by |
254 | the date specified in the rule adopted by the state land |
255 | planning agency pursuant to this subsection. The state land |
256 | planning agency shall, prior to October 1, 1987, adopt a |
257 | schedule of local governments required to submit complete |
258 | proposed comprehensive plans or comprehensive plans as proposed |
259 | to be amended. Such schedule shall specify the exact date of |
260 | submission for each local government, shall establish equal, |
261 | staggered submission dates, and shall be consistent with the |
262 | following time periods: |
263 | (a) Beginning on July 1, 1988, and on or before July 1, |
264 | 1990, each county that is required to include a coastal |
265 | management element in its comprehensive plan and each |
266 | municipality in such a county; and |
267 | (b) Beginning on July 1, 1989, and on or before July 1, |
268 | 1991, all other counties or municipalities. |
269 |
|
270 | Nothing herein shall preclude the state land planning agency |
271 | from permitting by rule a county together with each municipality |
272 | in the county from submitting a proposed comprehensive plan |
273 | earlier than the dates established in paragraphs (a) and (b). |
274 | Any county or municipality that fails to meet the schedule set |
275 | for submission of its proposed comprehensive plan by more than |
276 | 90 days shall be subject to the sanctions described in s. |
277 | 163.3184(11)(a) imposed by the Administration Commission. |
278 | Notwithstanding the time periods established in this subsection, |
279 | the state land planning agency may establish later deadlines for |
280 | the submission of proposed comprehensive plans or comprehensive |
281 | plans as proposed to be amended for a county or municipality |
282 | which has all or a part of a designated area of critical state |
283 | concern within its boundaries; however, such deadlines shall not |
284 | be extended to a date later than July 1, 1991, or the time of |
285 | de-designation, whichever is earlier. |
286 | (3) When a local government has not prepared all of the |
287 | required elements or has not amended its plan as required by |
288 | subsection (2), the regional planning agency having |
289 | responsibility for the area in which the local government lies |
290 | shall prepare and adopt by rule, pursuant to chapter 120, the |
291 | missing elements or adopt by rule amendments to the existing |
292 | plan in accordance with this act by July 1, 1989, or within 1 |
293 | year after the dates specified or provided in subsection (2) and |
294 | the state land planning agency review schedule, whichever is |
295 | later. The regional planning agency shall provide at least 90 |
296 | days' written notice to any local government whose plan it is |
297 | required by this subsection to prepare, prior to initiating the |
298 | planning process. At least 90 days before the adoption by the |
299 | regional planning agency of a comprehensive plan, or element or |
300 | portion thereof, pursuant to this subsection, the regional |
301 | planning agency shall transmit a copy of the proposed |
302 | comprehensive plan, or element or portion thereof, to the local |
303 | government and the state land planning agency for written |
304 | comment. The state land planning agency shall review and comment |
305 | on such plan, or element or portion thereof, in accordance with |
306 | s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be |
307 | applicable to the regional planning agency as if it were a |
308 | governing body. Existing comprehensive plans shall remain in |
309 | effect until they are amended pursuant to subsection (2), this |
310 | subsection, or s. 163.3187, or s. 163.3189. |
311 | (11) Each local government is encouraged to articulate a |
312 | vision of the future physical appearance and qualities of its |
313 | community as a component of its local comprehensive plan. The |
314 | vision component should address the priority issues of the |
315 | community, be based upon community values, and reflect the |
316 | community's shared concept for growth and development of the |
317 | community, including visual representations depicting the |
318 | desired land use patterns and character for the community during |
319 | the long-range planning period. The vision may be developed |
320 | communitywide or at the district or neighborhood level. The |
321 | vision may include a map of the places, such as neighborhoods, |
322 | districts, corridors, or sectors, that will be addressed or |
323 | created by the community's comprehensive plan, together with the |
324 | desired spatial, visual, and functional characteristics that are |
325 | desired for the future of those places. The vision should be |
326 | developed through a collaborative planning process with |
327 | meaningful public participation and shall be adopted by the |
328 | governing body of the jurisdiction. The collaborative planning |
329 | process should ensure the broad-based involvement of stakeholder |
330 | groups, including, but not limited to, community organizations, |
331 | neighborhood associations, business, housing, and development |
332 | interests, environmental organizations, property owners, and |
333 | residents. With the assistance of the applicable regional |
334 | planning council, neighboring communities, especially those |
335 | sharing natural resources or physical or economic |
336 | infrastructure, are encouraged to create regional collective |
337 | visions for greater-than-local areas. Such regional collective |
338 | visions shall apply in each city or county only to the extent |
339 | that each local government chooses to make them applicable. The |
340 | state land planning agency shall serve as a clearinghouse for |
341 | creating a community vision of the future and may utilize the |
342 | Growth Management Trust Fund, created by s. 186.911, to provide |
343 | grants to help pay the costs of local visioning programs. When a |
344 | local vision of the future has been created, a local government |
345 | should review its comprehensive plan, land development |
346 | regulations, and capital improvement program to ensure that |
347 | these instruments will help to move the community toward its |
348 | vision in a manner consistent with this act and with the state |
349 | comprehensive plan. A local or regional vision must protect the |
350 | priority state interests be consistent with the state vision, |
351 | when adopted, and be internally consistent with the local or |
352 | regional plan of which it is a component. A comprehensive plan |
353 | or plan amendment may not be found not in compliance based |
354 | solely on inconsistency with a locally adopted vision. The state |
355 | land planning agency shall not adopt minimum criteria for |
356 | evaluating or judging the form or content of a local or regional |
357 | vision. |
358 | (13) Each local government shall address in its |
359 | comprehensive plan, as enumerated in this chapter, the water |
360 | supply sources necessary to meet and achieve the existing and |
361 | projected water use demand for the established planning period, |
362 | considering the applicable plan developed pursuant to s. |
363 | 373.0361. |
364 | Section 4. Paragraph (a) of subsection (4) of section |
365 | 163.3174, Florida Statutes, is amended to read: |
366 | 163.3174 Local planning agency.-- |
367 | (4) The local planning agency shall have the general |
368 | responsibility for the conduct of the comprehensive planning |
369 | program. Specifically, the local planning agency shall: |
370 | (a) Be the agency responsible for the preparation of the |
371 | comprehensive plan or plan amendment and shall make |
372 | recommendations to the governing body regarding the adoption or |
373 | amendment of such plan. During the preparation of the plan or |
374 | plan amendment and prior to any recommendation to the governing |
375 | body, the local planning agency shall hold at least one public |
376 | hearing, with public notice, on the proposed plan or plan |
377 | amendment. The governing body in cooperation with the local |
378 | planning agency may designate any agency, committee, department, |
379 | or person to prepare the comprehensive plan or plan amendment, |
380 | but final recommendation of the adoption of such plan or plan |
381 | amendment to the governing body shall be the responsibility of |
382 | the local planning agency. The local planning agency shall |
383 | certify to the governing body and the governing body shall |
384 | affirm in the adoption ordinance that a proposed plan or plan |
385 | amendment is supported by relevant and appropriate data and |
386 | analysis and that the plan amendment is compatible with and |
387 | furthers applicable priority state interests and the local |
388 | government's comprehensive plan. |
389 | Section 5. Section 163.3176, Florida Statutes, is created |
390 | to read: |
391 | 163.3176 Priority state interests; state or regional |
392 | review of comprehensive plans and plan amendments.-- |
393 | (1) The Legislature finds that certain public facilities, |
394 | natural resources, and critical issues are essential to the |
395 | state's economic development, natural heritage, and quality of |
396 | life and that local governments should protect those priority |
397 | state interests in local land use decisions. To this end, the |
398 | Legislature directs the state land planning agency to work with |
399 | local governments to ensure that statutorily defined priority |
400 | state interests are appropriately protected. Where priority |
401 | state interests may be impacted by the land use decisions of |
402 | local governments, the Legislature specifically authorizes the |
403 | state land planning agency to protect and further those |
404 | interests as authorized in this chapter. |
405 | (2) As further defined in subsection (3), the Legislature |
406 | hereby declares that the following are priority state interests: |
407 | (a) Adequate functioning of Strategic Intermodal System |
408 | facilities. |
409 | (b) Adequate capacity and siting of public educational |
410 | facilities. |
411 | (c) Protection of significant conservation and recreation |
412 | lands. |
413 | (d) Protection of the viability of listed plant and animal |
414 | species, strategic habitat, and important natural communities. |
415 | (e) Adequacy and protection of water supply. |
416 | (f) Protection of significant wetlands and surface waters. |
417 | (3) The state land planning agency may petition to |
418 | challenge plan amendments pursuant to s. 163.3184(8) that impact |
419 | priority state interests. Impact on any priority state interest |
420 | shall be the sole basis for petition by the state land planning |
421 | agency of plan amendments, except comprehensive plans for new |
422 | municipalities, evaluation and appraisal report based plan |
423 | amendments, and plan amendments applicable to a designated area |
424 | of critical state concern. The state land planning agency may |
425 | file a petition challenging a plan amendment as impacting |
426 | priority state interests to: |
427 | (a) Ensure adequate capacity of Strategic Intermodal |
428 | System roads at acceptable levels of service established by the |
429 | Department of Transportation or the agency with responsibility |
430 | for operating the individual facilities. |
431 | (b) Ensure the protection of the adequate functioning of |
432 | Strategic Intermodal System airports, ports, railroads, freight |
433 | and passenger terminals, and navigation waterways. |
434 | (c) Ensure that land uses, densities, and intensities do |
435 | not impair the functioning of existing or planned Strategic |
436 | Intermodal System facilities. Adopted local government |
437 | comprehensive plan amendments whose geographical boundaries are |
438 | within or abut the Strategic Intermodal System area of influence |
439 | or have a significant impact on the Strategic Intermodal System |
440 | may be petitioned on the basis of protecting the Strategic |
441 | Intermodal System. The areas of influence shall encompass one- |
442 | half mile from the right-of-way boundary of a Strategic |
443 | Intermodal System corridor or connector in urban areas, and one |
444 | mile from the right-of-way boundary of a corridor or connector |
445 | within rural areas. Areas of influence surrounding Strategic |
446 | Intermodal System facilities shall be one mile from the |
447 | jurisdictional boundaries of the hub or consistent with the |
448 | delineated impact areas as defined in the hub master plan, |
449 | whichever is less. |
450 | (d) Ensure adequate public school capacity consistent with |
451 | the requirements of s. 163.31778 for the public school demand |
452 | created by increased residential land use density and intensity. |
453 | (e) Ensure the availability of adequate sites for new |
454 | public schools and public school expansions. |
455 | (f) Ensure that land uses, densities, and intensities are |
456 | compatible with the protection of state, water management |
457 | district, and federal conservation and recreation lands, whether |
458 | such lands are held in fee simple or less-than-fee simple |
459 | interests. |
460 | (g) Ensure that land uses, densities, and intensities are |
461 | compatible with protection of the following significant habitat |
462 | areas: strategic habitat conservation areas, areas with a rating |
463 | value of 7 or more for habitat quality based on the Integrated |
464 | Wildlife Habitat Ranking System, and priority wetlands use areas |
465 | for four or more listed species as identified by Florida Fish |
466 | and Wildlife Conservation Commission, and natural communities |
467 | classified as imperiled or critically imperiled by the Florida |
468 | Natural Areas Inventory. |
469 | (h) Ensure that land uses, densities, and intensities are |
470 | coordinated and consistent with the availability of adequate and |
471 | sustainable water supplies, as determined by the applicable |
472 | water management district, necessary to meet current and |
473 | projected demand. |
474 | (i) Ensure that land uses, densities, and intensities are |
475 | compatible with the protection of public water supplies, such as |
476 | Class I waterbodies, wellfields, and reservoirs. |
477 | (j) Ensure that land uses, densities, and intensities are |
478 | compatible with the protection of water quality of first- |
479 | magnitude springs. |
480 | (k) Ensure that land uses, densities, and intensities and |
481 | other land development activities are compatible with the |
482 | protection of significant wetland areas within 100-year flood |
483 | zones, as depicted on the flood insurance rate maps published by |
484 | the Federal Emergency Management Agency. |
485 | (4) The state land planning agency petition of plan |
486 | amendments shall be limited to issues that impact priority state |
487 | interests consistent with this part. In its review, the state |
488 | land planning agency shall ensure that plan amendments are |
489 | compatible with, further, and adequately protect such interests. |
490 | However, in its petition of plan amendments, the state land |
491 | planning agency shall not require a local government to |
492 | duplicate or exceed the specific regulatory standards |
493 | established in federal, state, or regional permitting programs. |
494 | Although the state land planning agency petition is limited to |
495 | priority state interests, local government comprehensive plans |
496 | and plan amendments shall meet the minimum requirements for |
497 | compliance pursuant to s. 163.3184(1)(b). |
498 | Section 6. Subsection (2), paragraph (b) of subsection |
499 | (3), paragraphs (a) and (c) of subsection (6), and paragraph (b) |
500 | of subsection (11) of section 163.3177, Florida Statutes, are |
501 | amended, and subsections (13), (14), and (15) are added to said |
502 | section, to read: |
503 | 163.3177 Required and optional elements of comprehensive |
504 | plan; studies and surveys.-- |
505 | (2) Coordination of the several elements of the local |
506 | comprehensive plan shall be a major objective of the planning |
507 | process. The several elements of the comprehensive plan shall be |
508 | consistent, and the comprehensive plan shall be financially |
509 | economically feasible. Financial feasibility shall be determined |
510 | using professionally accepted methodologies certified in writing |
511 | by the state land planning agency. The requirement that a local |
512 | government demonstrate the financial feasibility of its |
513 | comprehensive plan shall not relieve a community from its |
514 | obligation to plan for and facilitate the creation of a housing |
515 | stock that is affordable to its citizens of all economic levels, |
516 | including those of very low income, low income, and moderate |
517 | income. |
518 | (3) |
519 | (b) The capital improvements element shall be reviewed on |
520 | an annual basis and modified as necessary in accordance with s. |
521 | 163.3187 to maintain a financially feasible 5-year schedule of |
522 | capital improvements necessary to ensure that level of service |
523 | standards are achieved and maintained or s. 163.3189, except |
524 | that corrections, updates, and modifications concerning costs; |
525 | revenue sources; acceptance of facilities pursuant to |
526 | dedications which are consistent with the plan; or the date of |
527 | construction of any facility enumerated in the capital |
528 | improvements element may be accomplished by ordinance and shall |
529 | not be deemed to be amendments to the local comprehensive plan. |
530 | All public facilities shall be consistent with the capital |
531 | improvements element. |
532 | (6) In addition to the requirements of subsections (1)- |
533 | (5), the comprehensive plan shall include the following |
534 | elements: |
535 | (a) A future land use plan element designating proposed |
536 | future general distribution, location, and extent of the uses of |
537 | land for residential uses, commercial uses, industry, |
538 | agriculture, recreation, conservation, education, public |
539 | buildings and grounds, other public facilities, and other |
540 | categories of the public and private uses of land. The proposed |
541 | distribution, location, and extent of the various categories of |
542 | land use shall be shown on a land use map or map series which |
543 | shall be supplemented by goals, policies, and measurable |
544 | objectives. Counties are encouraged to designate rural land |
545 | stewardship areas, pursuant to the provisions of paragraph |
546 | (11)(d), as overlays on the future land use map. |
547 | 1. Each future land use category must be defined in terms |
548 | of uses included, and must include standards to be followed in |
549 | the control and distribution of population densities and |
550 | building and structure intensities. |
551 | 2. The proposed distribution, location, and extent of the |
552 | various categories of land use shall be shown on a land use map |
553 | or map series which shall be supplemented by goals, policies, |
554 | and measurable objectives. The future land use plan shall be |
555 | based upon surveys, studies, and data regarding the area, |
556 | including the amount of land required to accommodate anticipated |
557 | growth; the projected population of the area; the character of |
558 | undeveloped land; the availability of public services; the need |
559 | for redevelopment, including the renewal of blighted areas and |
560 | the elimination of nonconforming uses which are inconsistent |
561 | with the character of the community; the compatibility of uses |
562 | on lands adjacent to or closely proximate to military |
563 | installations; and, in rural communities, the need for job |
564 | creation, capital investment, and economic development that will |
565 | strengthen and diversify the community's economy. |
566 | 3. The future land use plan may designate areas for future |
567 | planned development use involving combinations of types of uses |
568 | for which special regulations may be necessary to ensure |
569 | development in accord with the principles and standards of the |
570 | comprehensive plan and this act. |
571 | 4. The future land use plan element shall include criteria |
572 | to be used to achieve the compatibility of adjacent or closely |
573 | proximate lands with military installations. Local governments |
574 | are encouraged to participate with a military installation in |
575 | the development of joint land use studies and provide that land |
576 | use and development be regulated in accordance with the |
577 | recommendations contained in the applicable joint land use |
578 | study. Each local government required to update or amend its |
579 | comprehensive plan to include criteria and address compatibility |
580 | of adjacent or closely proximate lands with existing military |
581 | installations in its future land use plan element shall transmit |
582 | the update or amendment to the state land planning agency by |
583 | June 30, 2006. |
584 | 5. In addition, For rural communities, the amount of land |
585 | designated for future planned industrial use shall be based upon |
586 | surveys and studies that reflect the need for job creation, |
587 | capital investment, and the necessity to strengthen and |
588 | diversify the local economies, and shall not be limited solely |
589 | by the projected population of the rural community. |
590 | 6. The future land use plan of a county may also designate |
591 | areas for possible future municipal incorporation. |
592 | 7. The land use maps or map series shall generally |
593 | identify and depict historic district boundaries and shall |
594 | designate historically significant properties meriting |
595 | protection. The future land use element must clearly identify |
596 | the land use categories in which public schools are an allowable |
597 | use. When delineating the land use categories in which public |
598 | schools are an allowable use, a local government shall include |
599 | in the categories sufficient land proximate to residential |
600 | development to meet the projected needs for schools in |
601 | coordination with public school boards and may establish |
602 | differing criteria for schools of different type or size. When |
603 | reviewing comprehensive plan amendments, the future land use |
604 | element must take into consideration the impact of any |
605 | amendments that are likely to result in an increase in the |
606 | demand for public school facilities. A local government shall |
607 | ensure adequate school capacity and, in coordination with the |
608 | applicable school board, provide appropriate measures to |
609 | accommodate the impact consistent with the requirements of s. |
610 | 163.31778. Each local government shall include lands contiguous |
611 | to existing school sites, to the maximum extent possible, within |
612 | the land use categories in which public schools are an allowable |
613 | use. All comprehensive plans must comply with the school siting |
614 | requirements of this paragraph no later than October 1, 1999. |
615 | The failure by a local government to comply with these school |
616 | siting requirements by October 1, 1999, will result in the |
617 | prohibition of the local government's ability to amend the local |
618 | comprehensive plan, except for plan amendments described in s. |
619 | 163.3187(1)(b), until the school siting requirements are met. |
620 | Amendments proposed by a local government for purposes of |
621 | identifying the land use categories in which public schools are |
622 | an allowable use or for adopting or amending the school-siting |
623 | maps pursuant to s. 163.31776(3) are exempt from the limitation |
624 | on the frequency of plan amendments contained in s. 163.3187. |
625 | The future land use element shall include criteria that |
626 | encourage the location of schools proximate to urban residential |
627 | areas to the extent possible and shall require that the local |
628 | government seek to collocate public facilities, such as parks, |
629 | libraries, and community centers, with schools to the extent |
630 | possible and to encourage the use of elementary schools as focal |
631 | points for neighborhoods. For schools serving predominantly |
632 | rural counties, defined as a county with a population of 100,000 |
633 | or fewer, an agricultural land use category shall be eligible |
634 | for the location of public school facilities if the local |
635 | comprehensive plan contains school siting criteria and the |
636 | location is consistent with such criteria. Local governments |
637 | required to update or amend their comprehensive plan to include |
638 | criteria and address compatibility of adjacent or closely |
639 | proximate lands with existing military installations in their |
640 | future land use plan element shall transmit the update or |
641 | amendment to the department by June 30, 2006. |
642 | (c) A general sanitary sewer, solid waste, drainage, |
643 | potable water, and natural groundwater aquifer recharge element |
644 | correlated to principles and guidelines for future land use, |
645 | indicating ways to provide for future potable water, drainage, |
646 | sanitary sewer, solid waste, and aquifer recharge protection |
647 | requirements for the area. The element may be a detailed |
648 | engineering plan including a topographic map depicting areas of |
649 | prime groundwater recharge. The element shall describe the |
650 | problems and needs and the general facilities that will be |
651 | required for solution of the problems and needs. The element |
652 | shall also include a topographic map depicting any areas adopted |
653 | by a regional water management district as prime groundwater |
654 | recharge areas for the Floridan or Biscayne aquifers, pursuant |
655 | to s. 373.0395. These areas shall be given special consideration |
656 | when the local government is engaged in zoning or considering |
657 | future land use for said designated areas. For areas served by |
658 | septic tanks, soil surveys shall be provided which indicate the |
659 | suitability of soils for septic tanks. |
660 | 1. By December 1, 2006, the element must consider the |
661 | appropriate water management district's regional water supply |
662 | plan approved pursuant to s. 373.0361. The element must include |
663 | a work plan, covering the comprehensive plan's established at |
664 | least a 10-year planning period, for building water supply |
665 | facilities that are identified in the element as necessary to |
666 | serve existing and new development and for which the local |
667 | government is responsible. The work plan shall be updated, at a |
668 | minimum, every 5 years within 12 months after the governing |
669 | board of a water management district approves an updated |
670 | regional water supply plan. Amendments to incorporate the work |
671 | plan do not count toward the limitation on the frequency of |
672 | adoption of amendments to the comprehensive plan. Each local |
673 | government shall address in its comprehensive plan, as |
674 | enumerated in this chapter, the water supply sources necessary |
675 | to meet and achieve the existing and projected water use demand |
676 | for the established planning period, considering the applicable |
677 | plan developed pursuant to s. 373.0361. |
678 | (11) |
679 | (b) It is the intent of the Legislature that the local |
680 | government comprehensive plans and plan amendments adopted |
681 | pursuant to the provisions of this part provide for a planning |
682 | process which encourages and promotes allows for land use |
683 | efficiencies within existing urban areas and which also allows |
684 | for the conversion of rural lands to other uses, where |
685 | appropriate and consistent with the other provisions of this |
686 | part and the affected local comprehensive plans, through the |
687 | application of innovative and flexible planning and development |
688 | strategies and creative land use planning techniques, which may |
689 | include, but not be limited to, enhanced comprehensive plan |
690 | options under subsections (13) and (14), urban villages, new |
691 | towns, satellite communities, area-based allocations, clustering |
692 | and open space provisions, mixed-use development, and sector |
693 | planning. |
694 | (13) A local government may elect to use a fiscal impact |
695 | analysis model that has been certified by the state land |
696 | planning agency as an accepted methodology for demonstrating |
697 | financial feasibility of the comprehensive plan when updating |
698 | the annual schedule of capital improvements and at the time of |
699 | the evaluation and appraisal report and associated amendments. |
700 | The state land planning agency may also certify the use of |
701 | alternative methodologies for determining financial feasibility. |
702 | (14) A local government may adopt the following |
703 | enhancements to the comprehensive plan. Single or multiple |
704 | enhancements may be adopted and shall meet the following |
705 | criteria: |
706 | (a)1. Infrastructure development encouragement areas.--A |
707 | local government may identify in its comprehensive plan areas of |
708 | its community where it wants to encourage appropriate |
709 | development and redevelopment. Infrastructure development |
710 | encouragement areas would consist of one or more specific |
711 | geographic areas of the community that are most appropriate for |
712 | future development or redevelopment and where the local |
713 | government will encourage the provision of infrastructure. The |
714 | purpose of identifying such areas is to promote an orderly |
715 | expansion of growth and the efficient use of land and public |
716 | services and to discourage the proliferation of urban sprawl. |
717 | Once established, such area shall be periodically evaluated |
718 | through the regular evaluation and appraisal report process to |
719 | determine if it should remain as an infrastructure development |
720 | encouragement area. In order to qualify as an infrastructure |
721 | development encouragement area, the geographic area shall meet |
722 | the following criteria: |
723 | a. The area must promote compact urban development. |
724 | b. The area must contain existing or committed adequate |
725 | infrastructure consistent with the adopted plan, such as potable |
726 | water, sanitary sewer, roads, and schools, to support |
727 | appropriate development or redevelopment. |
728 | c. The area must promote the financial feasibility of the |
729 | local government comprehensive plan. |
730 | d. Designation of the area must consider impacts on |
731 | priority state interests. |
732 | 2. The comprehensive plan must take the appropriate steps |
733 | to promote and encourage development in the infrastructure |
734 | development encouragement areas, including the use of broad- |
735 | based sources of funding for infrastructure. Local governments |
736 | shall adopt appropriate measures to ensure the success of this |
737 | effort. These may include, but are not limited to: |
738 | a. A fast-track permitting system for local government |
739 | permits. |
740 | b. Evaluation of existing development standards to |
741 | consider a performance-based rather than a prescriptive approach |
742 | to development standards. |
743 | c. Exemption from transportation concurrency requirements |
744 | consistent with s. 163.3180. |
745 | d. Appropriate financial incentives. |
746 | e. Reduction of local development fees. |
747 | f. Target densities and intensities for land use. |
748 | 3. Plan amendments within the boundaries of an |
749 | infrastructure development encouragement area shall not be |
750 | appealed by the state land planning agency or other parties |
751 | based on a failure to promote orderly growth and efficient use |
752 | of land and public facilities and a failure to discourage urban |
753 | sprawl. Infrastructure development encouragement areas |
754 | corresponding to a maximum 20-year supply of land may be |
755 | delineated in local government comprehensive plans. Additional |
756 | vacant land beyond that which is needed for a 20-year supply may |
757 | be included based on the pattern of existing and vested |
758 | development, in order to create a reasonably compact and |
759 | contiguous urban area and promote the efficient use of public |
760 | facilities. Infrastructure development encouragement areas may |
761 | include areas designated in the comprehensive plan where growth |
762 | should be guided into rural villages or rural growth centers, |
763 | areas of employment or industrial use, existing communities, and |
764 | municipal boundaries corresponding to a 20-year supply of land, |
765 | and where the criteria outlined in this paragraph are met. |
766 | (b) Transportation corridor management ordinance.--Local |
767 | governments are encouraged to adopt transportation corridor |
768 | management ordinances pursuant to s. 337.273(6) for designated |
769 | transportation corridors and Strategic Intermodal System |
770 | facilities located within or abutting a Strategic Intermodal |
771 | System's area of influence. Plan amendments consistent with a |
772 | corridor management plan approved by the state land planning |
773 | agency in consultation with the Department of Transportation and |
774 | included within an adopted transportation corridor management |
775 | ordinance shall not be subject to petition by the state land |
776 | planning agency based on impact on the relevant Strategic |
777 | Intermodal System facility. |
778 | (c) Long-range facility plans.--Local governments are |
779 | encouraged to adopt comprehensive plans that address long-range |
780 | facility plans for public facilities and services for a 20-year |
781 | planning period or that time period necessary to coincide with |
782 | the applicable metropolitan planning organization's cost- |
783 | feasible portion of the long-range transportation plan or, for |
784 | nonmetropolitan planning organization areas, the applicable |
785 | Department of Transportation cost-feasible portion of the long- |
786 | range transportation plan, whichever time period is longer. To |
787 | ensure the financial feasibility of the comprehensive plan, on |
788 | an annual basis local governments shall review and modify as |
789 | necessary the long-range facility plan for capital improvements, |
790 | including a listing of facilities, anticipated costs, and |
791 | anticipated revenues necessary to ensure that level-of-service |
792 | standards will be achieved and maintained for the established |
793 | planning timeframe of the comprehensive plan. |
794 | (d) Local mitigation strategies.--Local governments are |
795 | encouraged to adopt into the future land use element of the |
796 | comprehensive plan the relevant components of the local |
797 | government's local mitigation strategy, postdisaster |
798 | redevelopment plan, and comprehensive emergency management plan |
799 | provisions related to land use, provision or improvement of |
800 | public facilities, site development standards, and redevelopment |
801 | or postdisaster redevelopment. Within areas with a significant |
802 | risk of wildfire susceptibility, the element must address |
803 | measures for the mitigation of the risks of wildfire damage. |
804 | (e) Buildout plans.--Local governments are encouraged to |
805 | adopt conceptual buildout plans that reflect the community's |
806 | vision for a sustainable future that ensures economic prosperity |
807 | and social well-being and conserves natural systems and |
808 | resources for future generations consistent with priority state |
809 | interests. The conceptual buildout plans may look beyond the |
810 | planning time period of the future land use map and include the |
811 | following components: |
812 | 1. The buildout plan shall include a vision meeting the |
813 | criteria in s. 163.3167(11). |
814 | 2. The buildout plan shall identify anticipated areas for |
815 | urban, agricultural, rural, and conservation land uses, |
816 | including visual representations depicting desired land use |
817 | patterns and character for the community at buildout for a |
818 | sustainable future consistent with the protection of priority |
819 | state interests. |
820 | 3. The buildout plan shall depict the major infrastructure |
821 | needed to support the anticipated land uses. |
822 | 4. The buildout plan shall support the major |
823 | infrastructure with a demonstration of financial feasibility |
824 | over the long term. |
825 | 5. The conceptual buildout plan does not establish |
826 | development rights. Subsequent, more specific approvals are |
827 | required to realize the development depicted on the map. |
828 | (f) Rural land stewardship area.--Local governments are |
829 | encouraged to adopt rural land stewardship areas pursuant to s. |
830 | subsection (11). |
831 | (15) A local government may adopt a certified |
832 | comprehensive plan. Such plan shall address the requirements of |
833 | subsections (13) and (14) and shall specifically address and |
834 | include measures to adequately protect priority state interests. |
835 | Local government plan amendments shall not be subject to state |
836 | review or petition except for plan amendments based upon an |
837 | evaluation and appraisal report. The state land planning agency |
838 | may revoke the certification if the agency determines the local |
839 | government has not complied with this part. |
840 | Section 7. Paragraph (e) of subsection (2), paragraph (c) |
841 | of subsection (3), and subsection (4) of section 163.31777, |
842 | Florida Statutes, are amended to read: |
843 | 163.31777 Public schools interlocal agreement.-- |
844 | (2) At a minimum, the interlocal agreement must address |
845 | the following issues: |
846 | (e) A process for the school board to inform the local |
847 | government regarding school capacity. The capacity reporting |
848 | must be consistent with laws and rules relating to measurement |
849 | of school facility capacity and must also identify how the |
850 | district school board will meet the public school demand based |
851 | on the facilities work program adopted pursuant to s. 1013.35. |
852 | For those plan amendments that create additional school capacity |
853 | demand because of increased densities or intensities, the school |
854 | board shall submit, at a minimum, capacity reporting information |
855 | to the local government that identifies the affected schools and |
856 | service areas, the impact to the utilization rates of those |
857 | schools, and the appropriate measures available to provide |
858 | sufficient capacity. The interlocal agreement must also set |
859 | forth the process and uniform methodology for determining |
860 | proportionate-share mitigation pursuant to s. 163.31778. |
861 |
|
862 | A signatory to the interlocal agreement may elect not to include |
863 | a provision meeting the requirements of paragraph (e); however, |
864 | such a decision may be made only after a public hearing on such |
865 | election, which may include the public hearing in which a |
866 | district school board or a local government adopts the |
867 | interlocal agreement. An interlocal agreement entered into |
868 | pursuant to this section must be consistent with the adopted |
869 | comprehensive plan and land development regulations of any local |
870 | government that is a signatory. |
871 | (3) |
872 | (c) If the state land planning agency enters a final order |
873 | that finds that the interlocal agreement is inconsistent with |
874 | the requirements of subsection (2) or this subsection, it shall |
875 | forward it to the Administration Commission, which may impose |
876 | sanctions against the local government pursuant to s. |
877 | 163.3184(11) and may impose sanctions against the district |
878 | school board by directing the Department of Education to |
879 | withhold from the district school board an equivalent amount of |
880 | funds for school construction available pursuant to ss. 1013.65, |
881 | 1013.68, 1013.70, and 1013.72. |
882 | (4) If an executed interlocal agreement is not timely |
883 | submitted to the state land planning agency for review, the |
884 | state land planning agency shall, within 15 working days after |
885 | the deadline for submittal, issue to the local government and |
886 | the district school board a Notice to Show Cause why sanctions |
887 | should not be imposed for failure to submit an executed |
888 | interlocal agreement by the deadline established by the agency. |
889 | The agency shall forward the notice and the responses to the |
890 | Administration Commission, which may enter a final order citing |
891 | the failure to comply and imposing sanctions against the local |
892 | government and district school board by directing the |
893 | appropriate agencies to withhold at least 5 percent of state |
894 | funds pursuant to s. 163.3184(11) and by directing the |
895 | Department of Education to withhold from the district school |
896 | board at least 5 percent of funds for school construction |
897 | available pursuant to ss. 1013.65, 1013.68, 1013.70, and |
898 | 1013.72. |
899 | Section 8. Section 163.31778, Florida Statutes, is created |
900 | to read: |
901 | 163.31778 Public school capacity for plan amendments.-- |
902 | (1) Each local government shall consider public school |
903 | facilities when reviewing proposed comprehensive plan amendments |
904 | that increase residential densities and that are reasonably |
905 | expected to have an impact on the demand for public school |
906 | facilities. |
907 | (2) For each proposed comprehensive plan amendment that |
908 | increases residential densities and is reasonably expected to |
909 | have an impact on the demand for public school facilities, the |
910 | school board shall provide the local government with a school- |
911 | capacity report based on the district educational facilities |
912 | plan adopted by the school board pursuant to s. 1013.35. The |
913 | school capacity report must provide data and analysis on the |
914 | capacity and enrollment of affected schools based on standards |
915 | established by state or federal law or judicial orders, |
916 | projected additional enrollment attributable to the density |
917 | increase resulting from the amendment, programmed and |
918 | financially feasible new public school facilities or |
919 | improvements for affected schools identified in the educational |
920 | facilities plan of the school board and the expected date of |
921 | availability of such facilities or improvements, and available |
922 | reasonable options for providing public school facilities to |
923 | students if the comprehensive plan amendment is approved. The |
924 | options that must be considered include, but need not be limited |
925 | to, the school board's evaluation of school schedule |
926 | modification, school attendance zones modification, school |
927 | facility modification, and the creation of charter schools. The |
928 | report must be consistent with this section, any adopted |
929 | interlocal agreement, and the public educational facilities |
930 | element. |
931 | (3) A local government shall deny a request for a |
932 | comprehensive plan amendment which would increase the density of |
933 | residential development allowed on the property subject to the |
934 | amendment and is reasonably expected to have an increased impact |
935 | on the demand for public school facilities, if the school |
936 | facility capacity will not be reasonably available at the time |
937 | of projected school impacts as determined by the methodology |
938 | established in the public educational facilities element. |
939 | However, the application for a comprehensive plan amendment may |
940 | be approved if the applicant executes a legally binding |
941 | commitment to provide mitigation proportionate to the demand for |
942 | public school facilities to be created by actual development of |
943 | the property, including, but not limited to, the options |
944 | described in subsection (4). |
945 | (4)(a) Options for proportionate-share mitigation of |
946 | public school facility impacts from actual development of |
947 | property subject to a plan amendment that increases residential |
948 | density shall be established in the educational facilities plan |
949 | and the public educational facilities element. Appropriate |
950 | mitigation options include the contribution of land; the |
951 | construction, expansion, or payment for land acquisition or |
952 | construction of a public school facility; or the creation of |
953 | mitigation banking based on the construction of a public school |
954 | facility in exchange for the right to sell capacity credits. |
955 | Such options must include execution by the applicant and the |
956 | local government of a binding development agreement pursuant to |
957 | ss. 163.3220-163.3243 which constitutes a legally binding |
958 | commitment to pay proportionate-share mitigation for the |
959 | additional residential units approved by the local government in |
960 | a development order and actually developed on the property, |
961 | taking into account residential density allowed on the property |
962 | prior to the plan amendment that increased overall residential |
963 | density. The district school board may be a party to such an |
964 | agreement. As a condition of its entry into such a development |
965 | agreement, a local government may require the landowner to agree |
966 | to continuing renewal of the agreement upon its expiration. |
967 | (b) If the educational facilities plan and the public |
968 | educational facilities element authorize a contribution of land; |
969 | the construction, expansion, or payment for land acquisition; or |
970 | the construction or expansion of a public school facility, or a |
971 | portion thereof, as proportionate-share mitigation, the local |
972 | government shall credit such a contribution, construction, |
973 | expansion, or payment toward any other impact fee or exaction |
974 | imposed by local ordinance for the same need, on a dollar-for- |
975 | dollar basis at fair market value. |
976 | (c) Any proportionate-share mitigation must be directed by |
977 | the school board toward a school capacity improvement that is |
978 | identified in the financially feasible 5-year district work plan |
979 | and that must be provided in accordance with a binding |
980 | development agreement. |
981 | (5) The Legislature finds that, under limited |
982 | circumstances dealing with educational facilities, |
983 | countervailing planning and public policy goals may conflict |
984 | with the requirements of subsections (3) and (4) and often the |
985 | unintended results directly conflict with the goals and policies |
986 | of the state comprehensive plan and the intent of this part. |
987 | Therefore, a local government may grant an exception from the |
988 | requirements of subsections (3) and (4) if the proposed |
989 | development is otherwise consistent with the adopted local |
990 | government comprehensive plan and is a project located within an |
991 | area designated in the comprehensive plan for: |
992 | (a) Urban infill development; |
993 | (b) Urban redevelopment; |
994 | (c) Downtown revitalization; |
995 | (d) Urban infill and redevelopment under s. 163.2517; or |
996 | (e) Infrastructure development encouragement areas under |
997 | s. 163.3177(14). |
998 | (6) This section does not prohibit a local government from |
999 | using its home rule powers to deny a comprehensive plan |
1000 | amendment. |
1001 | Section 9. Subsection (1) of section 163.3181, Florida |
1002 | Statutes, is amended to read: |
1003 | 163.3181 Public participation in the comprehensive |
1004 | planning process; intent; alternative dispute resolution.-- |
1005 | (1) It is the intent of the Legislature that the public |
1006 | participate in the comprehensive planning process to the fullest |
1007 | extent possible. Towards this end, local planning agencies and |
1008 | local governmental units are directed to adopt procedures |
1009 | designed to provide effective public participation in the |
1010 | comprehensive planning process and to provide real property |
1011 | owners with notice of all official actions which will regulate |
1012 | the use of their property. Local governments are encouraged to |
1013 | obtain public comment through visioning and neighborhood |
1014 | meetings that are conducted prior to formal consideration of an |
1015 | amendment to the future land use map. The provisions and |
1016 | procedures required in this act are set out as the minimum |
1017 | requirements towards this end. |
1018 | Section 10. Section 163.3184, Florida Statutes, is amended |
1019 | to read: |
1020 | (Substantial rewording of section. See |
1021 | s. 163.3184, F.S., for current text.) |
1022 | 163.3184 Process for adoption of comprehensive plan or |
1023 | plan amendment.-- |
1024 | (1) DEFINITIONS.--As used in this section, the term: |
1025 | (a) "Affected person" includes the affected local |
1026 | government; any person owning property, residing, or owning or |
1027 | operating a business within the boundaries of the local |
1028 | government whose plan is the subject of the review; a military |
1029 | base installation affected by proposed comprehensive plan |
1030 | amendments; an owner of real property abutting real property |
1031 | that is the subject of a proposed change to a future land use |
1032 | map; and adjoining local governments that can demonstrate that |
1033 | the plan or plan amendment will produce substantial impacts on |
1034 | the increased need for publicly funded infrastructure or |
1035 | substantial impacts on areas designated for protection or |
1036 | special treatment within their jurisdiction. Each person, other |
1037 | than an adjoining local government, in order to qualify under |
1038 | this definition, shall also have submitted oral or written |
1039 | comments, recommendations, or objections to the local government |
1040 | during the period of time beginning with the transmittal hearing |
1041 | for the plan or plan amendment and ending with the adoption of |
1042 | the plan or plan amendment. |
1043 | (b) "In compliance" means being consistent with the |
1044 | requirements of ss. 163.3177 and 163.31776 when a local |
1045 | government adopts an educational facilities element; ss. |
1046 | 163.3178, 163.3180, 163.3191, and 163.3245; s. 163.3176 relating |
1047 | to priority state interests; the appropriate strategic regional |
1048 | policy plan; chapter 9J-5, Florida Administrative Code, when |
1049 | such rule is not inconsistent with this part; the principles for |
1050 | guiding development in designated areas of critical state |
1051 | concern; and part III of chapter 369, where applicable. |
1052 | (2) COORDINATION.--Each comprehensive plan or plan |
1053 | amendment proposed to be adopted pursuant to this part shall be |
1054 | transmitted, adopted, and reviewed in the manner prescribed in |
1055 | this section. The state land planning agency shall have |
1056 | responsibility for plan review, coordination, and preparation |
1057 | and transmission of comments, pursuant to this section, to the |
1058 | local governing body responsible for the comprehensive plan. |
1059 | (3) LOCAL GOVERNMENT TRANSMITTAL AND ADOPTION OF PROPOSED |
1060 | PLAN OR AMENDMENT.-- |
1061 | (a) The transmittal and adoption of a complete proposed |
1062 | comprehensive plan or plan amendment shall be by affirmative |
1063 | vote of not less than a majority of the members of the governing |
1064 | body present at the hearing. The adoption of a comprehensive |
1065 | plan or plan amendment shall be by ordinance. For the purposes |
1066 | of transmitting or adopting a comprehensive plan or plan |
1067 | amendment, the notice requirements in chapters 125 and 166 are |
1068 | superseded by this subsection, except as provided in this part. |
1069 | (b) The local governing body shall hold at least two |
1070 | advertised public hearings on the proposed comprehensive plan |
1071 | amendments as follows: |
1072 | 1. The first public hearing shall be held on a weekday at |
1073 | least 7 days after the day that the first advertisement is |
1074 | published and no more than 90 days before the adoption public |
1075 | hearing. Plan amendments must be received by the governmental |
1076 | review agencies identified in paragraph (e) at least 60 days |
1077 | before the adoption public hearing as specified in the state |
1078 | land planning agency's procedural rules. |
1079 | 2. The second public hearing shall be held on a weekday at |
1080 | least 5 days after the day that the second advertisement is |
1081 | published. |
1082 | (c) For evaluation and appraisal-based amendments and new |
1083 | comprehensive plans, the local governing body shall hold at |
1084 | least two advertised public hearings on the proposed |
1085 | comprehensive plan or evaluation and appraisal report-based plan |
1086 | amendment as follows: |
1087 | 1. The first public hearing shall be on a weekday at least |
1088 | 7 days after the day that the first advertisement is published. |
1089 | Plan amendments based upon an evaluation and appraisal report |
1090 | and new comprehensive plans shall be submitted to the |
1091 | governmental review agencies identified in paragraph (e) within |
1092 | 10 days after the first public hearing as specified in the state |
1093 | land planning agency's procedural rules. |
1094 | 2. The second public hearing shall be held at the adoption |
1095 | stage on a weekday at least 5 days after the day that the second |
1096 | advertisement is published. |
1097 | (d) The required advertisements shall be in the format |
1098 | prescribed by s. 125.66(4)(b)2. for a county or by s. |
1099 | 166.041(3)(c)2.b. for a municipality. |
1100 | (e) Each local governing body shall transmit the complete |
1101 | proposed comprehensive plan or plan amendment and supporting |
1102 | data and analysis to: |
1103 | 1. The state land planning agency, the appropriate |
1104 | regional planning council and water management district, the |
1105 | Department of Environmental Protection, the Department of State, |
1106 | and the Department of Transportation. |
1107 | 2. The Office of Educational Facilities of the |
1108 | Commissioner of Education if the amendment includes or relates |
1109 | to the public facilities element pursuant to s. 163.31776. |
1110 | 3. In the case of municipal plans, to the appropriate |
1111 | county. |
1112 | 4. In the case of county plans, to the Fish and Wildlife |
1113 | Conservation Commission and the Department of Agriculture and |
1114 | Consumer Services as specified in the state land planning |
1115 | agency's procedural rules. |
1116 |
|
1117 | In cases in which the plan amendment is a result of an |
1118 | evaluation and appraisal report adopted pursuant to s. 163.3191, |
1119 | the local governing body shall include a copy of the evaluation |
1120 | and appraisal report. The local governing body shall also |
1121 | transmit a copy of the complete proposed comprehensive plan or |
1122 | plan amendment to any other unit of local government or |
1123 | government agency in the state that has filed a written request |
1124 | with the governing body for the plan or plan amendment. Local |
1125 | governing bodies shall consolidate all proposed plan amendments |
1126 | into a single submission for each of the two plan amendment |
1127 | adoption dates during the calendar year pursuant to s. 163.3187. |
1128 | (4) INTERGOVERNMENTAL REVIEW.--For new comprehensive |
1129 | plans, plan amendments based upon an evaluation and appraisal |
1130 | report, and plan amendments where applicable to an area of |
1131 | critical state concern or applicable to part III, chapter 369, |
1132 | the governmental review agencies specified in paragraph (3)(e) |
1133 | shall provide comments to the state land planning agency within |
1134 | 30 days after receipt by the state land planning agency of the |
1135 | complete proposed plan or plan amendment. The appropriate |
1136 | regional planning council shall also provide its written |
1137 | comments to the state land planning agency within 30 days after |
1138 | receipt by the state land planning agency of the complete |
1139 | proposed plan or plan amendment and shall include comments of |
1140 | any other regional agencies to which the regional planning |
1141 | council may have referred the proposed plan amendment. For all |
1142 | other plan amendments, the governmental review agencies may |
1143 | provide written comments to the state land planning agencies. |
1144 | For plan amendments, written comments submitted by the public |
1145 | within 30 days after receipt by the state land planning agency |
1146 | shall be considered as if submitted by governmental agencies. |
1147 | (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.--The review by |
1148 | the regional planning council pursuant to subsection (4) shall |
1149 | be limited to effects on regional resources or facilities |
1150 | identified in the strategic regional policy plan and extra- |
1151 | jurisdictional impacts which would be inconsistent with the |
1152 | comprehensive plan of the affected local government. However, |
1153 | any inconsistency between a local plan or plan amendment and a |
1154 | strategic regional policy plan must not be the sole basis for a |
1155 | notice of intent to find a local plan or plan amendment not in |
1156 | compliance with this section. A regional planning council shall |
1157 | not review and comment on a proposed comprehensive plan prepared |
1158 | by the council unless the plan has been changed by the local |
1159 | government subsequent to the preparation of the plan by the |
1160 | regional planning council. The review of the county land |
1161 | planning agency pursuant to subsection (4) shall be primarily in |
1162 | the context of the relationship and effect of the proposed plan |
1163 | amendment on any county comprehensive plan element. Any review |
1164 | by a municipality shall be primarily in the context of the |
1165 | relationship and effect on the municipal plan. |
1166 | (6) STATE LAND PLANNING AGENCY REVIEW.-- |
1167 | (a) The state land planning agency shall establish by rule |
1168 | a schedule for receipt of comments from the various government |
1169 | agencies, as well as written public comments, pursuant to |
1170 | subsection (4). |
1171 | (b) Within 45 days after receipt of plan amendments, the |
1172 | state land planning agency may provide comments on the proposed |
1173 | plan amendment. |
1174 | (c) Within 60 days after receipt of new plans, amendments |
1175 | based upon an evaluation and appraisal report, and plan |
1176 | amendments applicable to an area of critical state concern or |
1177 | applicable to part III, chapter 369, by the state land planning |
1178 | agency, the agency shall review the plan or amendment and shall |
1179 | issue a community planning assessment report to provide comments |
1180 | regarding the proposed plan or amendment. |
1181 | (d) For plan amendments, the state land planning agency's |
1182 | comments shall be limited to priority state interest issues as |
1183 | provided in s. 163.3176. |
1184 | (e) For new plans and amendments based upon an evaluation |
1185 | and appraisal report, and plan amendments, where applicable, to |
1186 | an area of critical state concern or to the Wekiva Study Area, |
1187 | the community planning assessment report shall be reviewed for |
1188 | consistency with part II, chapter 163, and Rule 9J-5, Florida |
1189 | Administrative Code, and where applicable, the guiding |
1190 | principles for areas of critical state concern or part III, |
1191 | chapter 369. |
1192 | (f) When a federal, state, or regional agency has |
1193 | implemented a permitting program, the state land planning agency |
1194 | shall not require a local government to duplicate or exceed that |
1195 | permitting program in its comprehensive plan or to implement |
1196 | such a permitting program in its land development regulations. |
1197 | Nothing contained in this paragraph prohibits the state land |
1198 | planning agency, in conducting its review of local plans or plan |
1199 | amendments, from commenting or filing a petition regarding |
1200 | densities and intensities consistent with the provisions of this |
1201 | part. |
1202 | (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF |
1203 | COMPREHENSIVE PLAN OR AMENDMENTS; TRANSMITTAL.-- |
1204 | (a) The local government shall review the written comments |
1205 | submitted to it by the state land planning agency and any other |
1206 | person, agency, or government. Any written comments and any |
1207 | reply to them shall be public documents, a part of the permanent |
1208 | record in the matter, and admissible in any proceeding in which |
1209 | the comprehensive plan or plan amendment may be at issue. |
1210 | (b) The local government may adopt the plan amendments, |
1211 | adopt the amendments with changes, or refuse to adopt the plan |
1212 | amendments. |
1213 | (c) For amendments based upon an evaluation and appraisal |
1214 | report and new comprehensive plans, the local government, upon |
1215 | receipt of written comments from the state land planning agency, |
1216 | shall have 120 days to adopt or adopt with changes the proposed |
1217 | comprehensive plan or plan amendments based upon an evaluation |
1218 | and appraisal report. |
1219 | (d) The local government shall transmit the complete |
1220 | adopted comprehensive plan or plan amendment to the state land |
1221 | planning agency as specified in the agency's procedural rules |
1222 | within 10 working days after adoption. The local governing body |
1223 | shall also transmit a copy of the adopted comprehensive plan or |
1224 | plan amendment to the governmental review agencies and regional |
1225 | planning agency and to any other unit of local government or |
1226 | governmental agency in the state that has filed a written |
1227 | request with the governing body for a copy of the plan or plan |
1228 | amendment. |
1229 | (8) PLAN AMENDMENT CHALLENGES; EFFECTIVE DATE.-- |
1230 | (a) For plan amendments that are not based upon an |
1231 | evaluation and appraisal report, the state land planning agency |
1232 | or any affected person may file a petition with the Division of |
1233 | Administrative Hearings pursuant to ss. 120.569 and 120.57 to |
1234 | request a hearing to challenge an amendment for compliance with |
1235 | this section within 45 days following the state land planning |
1236 | agency's receipt of the adopted amendment. The petitioning party |
1237 | shall serve a copy of the petition on the local government and |
1238 | shall furnish a copy to the state land planning agency. An |
1239 | administrative law judge shall hold a hearing in the affected |
1240 | jurisdiction. The parties to a proceeding held pursuant to this |
1241 | subsection shall be the petitioner, the local government, and |
1242 | any intervenor. In the proceeding, the local government's |
1243 | determination that the amendment is in compliance is presumed to |
1244 | be correct. The local government's determination shall be |
1245 | sustained unless it is shown by a preponderance of the evidence |
1246 | that the amendment is not in compliance with the requirements of |
1247 | this section. In any proceeding initiated pursuant to this |
1248 | subsection, the state land planning agency may petition or |
1249 | intervene only regarding state priority interests, except for |
1250 | plan amendments required pursuant to part III of chapter 369, |
1251 | where applicable. |
1252 | (b) The administrative law judge's recommended order shall |
1253 | be forwarded to the state land planning agency for final agency |
1254 | action. |
1255 | (c) A plan amendment shall become effective 46 days after |
1256 | adoption if not challenged under this subsection. If challenged |
1257 | within 45 days after adoption, an amendment shall not become |
1258 | effective until and unless the state land planning agency enters |
1259 | a final order determining the amendment is in compliance. If the |
1260 | state land planning agency enters a final order determining that |
1261 | an adopted plan amendment is not in compliance, that amendment |
1262 | shall not become effective and shall not be deemed part of the |
1263 | adopted comprehensive plan. |
1264 | (9) PROPOSED PLANS OR AMENDMENTS BASED UPON AN EVALUATION |
1265 | AND APPRAISAL REPORT; NOTICES OF INTENT; CHALLENGES.-- |
1266 | (a) Upon receipt of a local government's complete adopted |
1267 | comprehensive plan or plan amendment based upon an evaluation |
1268 | and appraisal report, the state land planning agency shall have |
1269 | 45 days for review and to determine if the comprehensive plan or |
1270 | plan amendment is in compliance with this section. The agency's |
1271 | determination of compliance must be based solely upon the state |
1272 | land planning agency's written comments to the local government |
1273 | pursuant to subsection (6) or the comprehensive plan or plan |
1274 | amendment as adopted, or both. |
1275 | (b)1. During the time period provided for in this |
1276 | subsection, the state land planning agency shall issue, through |
1277 | a senior administrator or the secretary, as specified in the |
1278 | agency's procedural rules, a notice of intent to find that the |
1279 | comprehensive plan or plan amendment is in compliance or not in |
1280 | compliance. A notice of intent shall be issued by publication in |
1281 | the manner provided by this paragraph and by mailing a copy to |
1282 | the local government. The advertisement shall be placed in that |
1283 | portion of the newspaper in which legal notices appear. The |
1284 | advertisement shall be published in a newspaper that meets the |
1285 | size and circulation requirements set forth in paragraph (3)(d) |
1286 | and that has been designated in writing by the affected local |
1287 | government at the time of transmittal of the plan amendment. |
1288 | Publication by the state land planning agency of a notice of |
1289 | intent in the newspaper designated by the local government shall |
1290 | be prima facie evidence of compliance with the publication |
1291 | requirements of this section. The state land planning agency |
1292 | shall post a copy of the notice of intent on the agency's |
1293 | Internet site. |
1294 | 2. A local government that has an Internet site shall post |
1295 | a copy of the state land planning agency's notice of intent on |
1296 | the site within 5 days after receipt of the mailed copy of the |
1297 | agency's notice of intent. |
1298 | (c) If the state land planning agency issues a notice of |
1299 | intent to find that the comprehensive plan or plan amendment is |
1300 | in compliance with this act, any affected person may file a |
1301 | petition with the agency pursuant to ss. 120.569 and 120.57 |
1302 | within 21 days after the publication of notice. In such |
1303 | proceeding, the local plan or plan amendment shall be determined |
1304 | to be in compliance if the local government's determination of |
1305 | compliance is fairly debatable. |
1306 | (d) If the state land planning agency issues a notice of |
1307 | intent to find the comprehensive plan or plan amendment not in |
1308 | compliance with this section, the notice of intent shall be |
1309 | forwarded to the Division of Administrative Hearings of the |
1310 | Department of Management Services, which shall conduct a |
1311 | proceeding under ss. 120.569 and 120.57 in the county of and |
1312 | convenient to the affected local jurisdiction. The parties to |
1313 | the proceeding shall be the state land planning agency, the |
1314 | affected local government, and any affected person who |
1315 | intervenes. In the proceeding, the local government's |
1316 | determination that the comprehensive plan or plan amendment is |
1317 | in compliance is presumed to be correct. The local government's |
1318 | determination shall be sustained unless it is shown by a |
1319 | preponderance of the evidence that the comprehensive plan or |
1320 | plan amendment is not in compliance. The local government's |
1321 | determination that elements of its plans are related to and |
1322 | consistent with each other shall be sustained if the |
1323 | determination is fairly debatable. |
1324 | (e) No new issue may be alleged as a reason to find a plan |
1325 | or plan amendment not in compliance in an administrative |
1326 | pleading filed more than 21 days after publication of notice |
1327 | unless the party seeking that issue establishes good cause for |
1328 | not alleging the issue within that time period. Good cause shall |
1329 | not include excusable neglect. |
1330 | (f) The hearing shall be conducted by an administrative |
1331 | law judge of the Division of Administrative Hearings, who shall |
1332 | hold the hearing in the county of and convenient to the affected |
1333 | local jurisdiction and submit a recommended order to the state |
1334 | land planning agency. The state land planning agency shall allow |
1335 | for the filing of exceptions to the recommended order and shall |
1336 | issue a final order. |
1337 | (g) A comprehensive plan or plan amendment shall become |
1338 | effective 22 days after publication of notice if not challenged |
1339 | under this subsection. If challenged within 21 days after |
1340 | publication of notice, a comprehensive plan or plan amendment |
1341 | shall not become effective until and unless the state land |
1342 | planning agency enters a final order determining the amendment |
1343 | is in compliance. If the state land planning agency enters a |
1344 | final order determining that an adopted comprehensive plan or |
1345 | plan amendment is not in compliance, that plan or plan amendment |
1346 | shall not become effective and shall not be deemed part of the |
1347 | adopted comprehensive plan. |
1348 | (10) MEDIATION; EXPEDITIOUS RESOLUTION.-- |
1349 | (a) At any time after a matter has been forwarded to the |
1350 | Division of Administrative Hearings, the local government |
1351 | proposing the amendment or an affected person who is a party to |
1352 | the proceeding may demand mediation or expeditious resolution of |
1353 | the amendment proceedings by serving written notice on the state |
1354 | land planning agency, all other parties to the proceeding, and |
1355 | the administrative law judge. |
1356 | (b) Upon filing of a notice demanding mediation, the |
1357 | hearing may not be held until the state land planning agency |
1358 | advises the administrative law judge in writing of the results |
1359 | of the mediation or other alternative dispute resolution. |
1360 | However, the hearing may not be delayed for longer than 90 days |
1361 | for mediation or other alternative dispute resolution unless a |
1362 | longer delay is agreed to by the parties to the proceeding. The |
1363 | costs of the mediation or other alternative dispute resolution |
1364 | shall be borne equally by all of the parties to the proceeding. |
1365 | (c) Upon filing of a notice demanding expeditious |
1366 | resolution, the administrative law judge shall set the matter |
1367 | for final hearing no more than 60 days after receipt of the |
1368 | notice. However, if a demand for mediation pursuant to paragraph |
1369 | (b) was filed before the notice demanding expeditious |
1370 | resolution, the final hearing shall be set no more than 60 days |
1371 | after completion of the mediation. |
1372 | 1. After a final hearing pursuant to this paragraph has |
1373 | been set, no continuance in the hearing, and no additional time |
1374 | for posthearing submittals, may be granted without the written |
1375 | agreement of the parties absent a finding by the administrative |
1376 | law judge of extraordinary circumstances. Extraordinary |
1377 | circumstances do not include matters relating to workload or |
1378 | need for additional time for preparation or negotiation. |
1379 | 2. The administrative law judge shall forward a |
1380 | recommended order to the state land planning agency for final |
1381 | agency action within 30 days after the filing of the parties' |
1382 | proposed recommended orders. If no exceptions to the recommended |
1383 | final order are filed, the state land planning agency shall take |
1384 | final agency action no later than 45 days after receipt of the |
1385 | recommended order. If exceptions are filed, the state land |
1386 | planning agency shall take final agency action no later than 45 |
1387 | days after the receipt of the exceptions or responses to the |
1388 | exceptions, whichever is later. These deadlines may be extended |
1389 | upon a showing of extraordinary circumstances, or upon agreement |
1390 | of all the parties in writing to a longer time. |
1391 | (11) GOOD FAITH FILING.--The signature of an attorney or |
1392 | party constitutes a certificate that he or she has read the |
1393 | pleading, motion, or other paper and that, to the best of his or |
1394 | her knowledge, information, and belief formed after reasonable |
1395 | inquiry, it is not interposed for any improper purpose, such as |
1396 | to harass or to cause unnecessary delay, or for economic |
1397 | advantage, competitive reasons, or frivolous purposes or |
1398 | needless increase in the cost of litigation. If a pleading, |
1399 | motion, or other paper is signed in violation of these |
1400 | requirements, the administrative law judge, upon motion or his |
1401 | or her own initiative, shall impose upon the person who signed |
1402 | it, a represented party, or both, an appropriate sanction, which |
1403 | may include an order to pay to the other party or parties the |
1404 | amount of reasonable expenses incurred because of the filing of |
1405 | the pleading, motion, or other paper, including a reasonable |
1406 | attorney's fee. |
1407 | (12) EXCLUSIVE PROCEEDINGS.--The proceedings under this |
1408 | section shall be the sole proceeding or action for a |
1409 | determination of whether a local government's plan, element, or |
1410 | plan amendment, except as provided in s. 163.3189, is in |
1411 | compliance with this section. |
1412 | (13) AREAS OF CRITICAL STATE CONCERN.--No proposed local |
1413 | government comprehensive plan or plan amendment which is |
1414 | applicable to a designated area of critical state concern shall |
1415 | be effective until a final order is issued finding the plan or |
1416 | amendment to be in compliance as defined in this section. |
1417 | Section 11. Paragraphs (c) and (d) of subsection (1) and |
1418 | subsection (3) of section 163.3187, Florida Statutes, are |
1419 | amended, and paragraphs (e) through (n) of subsection (1) of |
1420 | said section are redesignated as paragraphs (d) through (m), |
1421 | respectively, to read: |
1422 | 163.3187 Frequency of amendment; procedure for small-scale |
1423 | development plan amendments of adopted comprehensive plan.-- |
1424 | (1) Amendments to comprehensive plans adopted pursuant to |
1425 | this part may be made not more than two times during any |
1426 | calendar year, except: |
1427 | (c) Any local government comprehensive plan amendments |
1428 | directly related to proposed small scale development activities |
1429 | may be approved without regard to statutory limits on the |
1430 | frequency of consideration of amendments to the local |
1431 | comprehensive plan. A small scale development amendment may be |
1432 | adopted only under the following conditions: |
1433 | 1. The proposed amendment involves a use of 10 acres or |
1434 | fewer and: |
1435 | a. The cumulative annual effect of the acreage for all |
1436 | small scale development amendments adopted by the local |
1437 | government shall not exceed: |
1438 | (I) A maximum of 120 acres in a local government that |
1439 | contains areas specifically designated in the local |
1440 | comprehensive plan for urban infill, urban redevelopment, or |
1441 | downtown revitalization as defined in s. 163.3164, urban infill |
1442 | and redevelopment areas designated under s. 163.2517, |
1443 | transportation concurrency exception areas approved pursuant to |
1444 | s. 163.3180(5), or regional activity centers and urban central |
1445 | business districts approved pursuant to s. 380.06(2)(e); |
1446 | however, amendments under this paragraph may be applied to no |
1447 | more than 60 acres annually of property outside the designated |
1448 | areas listed in this sub-sub-subparagraph. Amendments adopted |
1449 | pursuant to paragraph (k) shall not be counted toward the |
1450 | acreage limitations for small scale amendments under this |
1451 | paragraph. |
1452 | (II) A maximum of 80 acres in a local government that does |
1453 | not contain any of the designated areas set forth in sub-sub- |
1454 | subparagraph (I). |
1455 | (III) A maximum of 120 acres in a county established |
1456 | pursuant to s. 9, Art. VIII of the State Constitution. |
1457 | b. The proposed amendment does not involve the same |
1458 | property granted a change within the prior 12 months. |
1459 | c. The proposed amendment does not involve the same |
1460 | owner's property within 200 feet of property granted a change |
1461 | within the prior 12 months. |
1462 | d. The proposed amendment does not involve a text change |
1463 | to the goals, policies, and objectives of the local government's |
1464 | comprehensive plan, but only proposes a land use change to the |
1465 | future land use map for a site-specific small scale development |
1466 | activity. |
1467 | e. The property that is the subject of the proposed |
1468 | amendment is not located within an area of critical state |
1469 | concern, unless the project subject to the proposed amendment |
1470 | involves the construction of affordable housing units meeting |
1471 | the criteria of s. 420.0004(3), and is located within an area of |
1472 | critical state concern designated by s. 380.0552 or by the |
1473 | Administration Commission pursuant to s. 380.05(1). Such |
1474 | amendment is not subject to the density limitations of sub- |
1475 | subparagraph f., and shall be reviewed by the state land |
1476 | planning agency for consistency with the principles for guiding |
1477 | development applicable to the area of critical state concern |
1478 | where the amendment is located and shall not become effective |
1479 | until a final order is issued under s. 380.05(6). |
1480 | f. If the proposed amendment involves a residential land |
1481 | use, the residential land use has a density of 10 units or less |
1482 | per acre, except that this limitation does not apply to small |
1483 | scale amendments described in sub-sub-subparagraph a.(I) that |
1484 | are designated in the local comprehensive plan for urban infill, |
1485 | urban redevelopment, or downtown revitalization as defined in s. |
1486 | 163.3164, urban infill and redevelopment areas designated under |
1487 | s. 163.2517, transportation concurrency exception areas approved |
1488 | pursuant to s. 163.3180(5), or regional activity centers and |
1489 | urban central business districts approved pursuant to s. |
1490 | 380.06(2)(e). |
1491 | 2.a. A local government that proposes to consider a plan |
1492 | amendment pursuant to this paragraph is not required to comply |
1493 | with the procedures and public notice requirements of s. |
1494 | 163.3184(15)(c) for such plan amendments if the local government |
1495 | complies with the provisions in s. 125.66(4)(a) for a county or |
1496 | in s. 166.041(3)(c) for a municipality. If a request for a plan |
1497 | amendment under this paragraph is initiated by other than the |
1498 | local government, public notice is required. |
1499 | b. The local government shall send copies of the notice |
1500 | and amendment to the state land planning agency, the regional |
1501 | planning council, and any other person or entity requesting a |
1502 | copy. This information shall also include a statement |
1503 | identifying any property subject to the amendment that is |
1504 | located within a coastal high hazard area as identified in the |
1505 | local comprehensive plan. |
1506 | 3. Small scale development amendments adopted pursuant to |
1507 | this paragraph require only one public hearing before the |
1508 | governing board, which shall be an adoption hearing as described |
1509 | in s. 163.3184(7), and are not subject to the requirements of s. |
1510 | 163.3184(3)-(6) unless the local government elects to have them |
1511 | subject to those requirements. |
1512 | (d) Any comprehensive plan amendment required by a |
1513 | compliance agreement pursuant to s. 163.3184(16) may be approved |
1514 | without regard to statutory limits on the frequency of adoption |
1515 | of amendments to the comprehensive plan. |
1516 | (3)(a) The state land planning agency shall not review or |
1517 | issue a notice of intent for small scale development amendments |
1518 | which satisfy the requirements of paragraph (1)(c). Any affected |
1519 | person may file a petition with the Division of Administrative |
1520 | Hearings pursuant to ss. 120.569 and 120.57 to request a hearing |
1521 | to challenge the compliance of a small scale development |
1522 | amendment with this act within 30 days following the local |
1523 | government's adoption of the amendment, shall serve a copy of |
1524 | the petition on the local government, and shall furnish a copy |
1525 | to the state land planning agency. An administrative law judge |
1526 | shall hold a hearing in the affected jurisdiction not less than |
1527 | 30 days nor more than 60 days following the filing of a petition |
1528 | and the assignment of an administrative law judge. The parties |
1529 | to a proceeding hearing held pursuant to this subsection shall |
1530 | be the petitioner, the local government, and any intervenor. In |
1531 | the proceeding, the local government's determination that the |
1532 | small scale development amendment is in compliance is presumed |
1533 | to be correct. The local government's determination shall be |
1534 | sustained unless it is shown by a preponderance of the evidence |
1535 | that the amendment is not in compliance with the requirements of |
1536 | this act. In any proceeding initiated pursuant to this |
1537 | subsection, the state land planning agency may petition or |
1538 | intervene regarding priority state interests. |
1539 | (b) The administrative law judge's recommended order shall |
1540 | be forwarded to the state land planning agency for final agency |
1541 | action. If no exceptions to the recommended order are filed, the |
1542 | state land planning agency shall take final agency action no |
1543 | later than 45 days after receipt of the recommended order. If |
1544 | exceptions are filed, the state land planning agency shall take |
1545 | final agency action no later than 45 days after the receipt of |
1546 | the exceptions or responses to the exceptions, whichever is |
1547 | later. 1. If the administrative law judge recommends that the |
1548 | small scale development amendment be found not in compliance, |
1549 | the administrative law judge shall submit the recommended order |
1550 | to the Administration Commission for final agency action. If the |
1551 | administrative law judge recommends that the small scale |
1552 | development amendment be found in compliance, the administrative |
1553 | law judge shall submit the recommended order to the state land |
1554 | planning agency. |
1555 | 2. If the state land planning agency determines that the |
1556 | plan amendment is not in compliance, the agency shall submit, |
1557 | within 30 days following its receipt, the recommended order to |
1558 | the Administration Commission for final agency action. If the |
1559 | state land planning agency determines that the plan amendment is |
1560 | in compliance, the agency shall enter a final order within 30 |
1561 | days following its receipt of the recommended order. |
1562 | (c) A small-scale amendment shall become effective 31 days |
1563 | after adoption if not challenged under this subsection. If |
1564 | challenged within 30 days after adoption, a small-scale |
1565 | amendment shall not become effective until and unless the state |
1566 | land planning agency enters a final order determining the |
1567 | amendment is in compliance. If the state land planning agency |
1568 | enters a final order determining that an adopted small-scale |
1569 | plan amendment is not in compliance, that amendment shall not |
1570 | become effective and shall not be deemed part of the adopted |
1571 | comprehensive plan. Small scale development amendments shall not |
1572 | become effective until 31 days after adoption. If challenged |
1573 | within 30 days after adoption, small scale development |
1574 | amendments shall not become effective until the state land |
1575 | planning agency or the Administration Commission, respectively, |
1576 | issues a final order determining the adopted small scale |
1577 | development amendment is in compliance. |
1578 | Section 12. Section 163.3191, Florida Statutes, is amended |
1579 | to read: |
1580 | 163.3191 Evaluation and appraisal of comprehensive plan.-- |
1581 | (1) The planning program shall be a continuous and ongoing |
1582 | process. Each local government shall adopt an evaluation and |
1583 | appraisal report once every 5 7 years as the first step in |
1584 | adopting an updated comprehensive plan. The evaluation shall be |
1585 | based upon a summary of the actions taken to implement the |
1586 | comprehensive plan, an analysis of the extent to which the |
1587 | community's objectives have been achieved, and an assessment of |
1588 | the degree to which the comprehensive plan reflects and furthers |
1589 | the community's current goals. Based on this evaluation and |
1590 | assessment, the report shall identify changes that should be |
1591 | made to the plan to reflect changes in the community's goals, |
1592 | respond to changing trends and conditions, and reflect the |
1593 | availability of new information assessing the progress in |
1594 | implementing the local government's comprehensive plan. |
1595 | Furthermore, it is the intent of this section that: |
1596 | (a) Adopted comprehensive plans be reviewed through such |
1597 | evaluation process to respond to changes in state, regional, and |
1598 | local policies on planning and growth management and changing |
1599 | conditions and trends, to ensure effective intergovernmental |
1600 | coordination, and to identify major issues regarding the |
1601 | community's achievement of its goals. |
1602 | (b) After completion of the initial evaluation and |
1603 | appraisal report and any supporting plan amendments, each |
1604 | subsequent evaluation and appraisal report must evaluate the |
1605 | comprehensive plan as amended by the most recent evaluation and |
1606 | appraisal report update amendments, including any additional |
1607 | subsequent amendments in effect at the time of the initiation of |
1608 | the evaluation and appraisal report process. |
1609 | (c) Local governments identify the major issues, if |
1610 | applicable, with input from state agencies, regional agencies, |
1611 | adjacent local governments, and the public in the evaluation and |
1612 | appraisal report process. It is the Legislature's intent that |
1613 | public participation be a hallmark of the evaluation and |
1614 | appraisal process and that innovative means be used at each step |
1615 | to solicit public input from a broad range of interests. The |
1616 | Legislature encourages local governments to incorporate |
1617 | visioning, as set forth at s. 163.3167(11), or other similar |
1618 | techniques, as part of the process to foster public |
1619 | participation and to aid in identifying the major issues. |
1620 | (d) It is also the intent of this section to establish |
1621 | That minimum requirements be established for information to |
1622 | ensure predictability, certainty, and integrity in the growth |
1623 | management process. The report is intended to serve as a summary |
1624 | audit of the actions that a local government has undertaken and |
1625 | identify changes that it may need to make. The report should be |
1626 | based on the local government's analysis of major issues to |
1627 | further the community's goals consistent with statewide minimum |
1628 | standards. The report is not intended to require a comprehensive |
1629 | rewrite of the elements within the local plan, unless a local |
1630 | government chooses to do so. |
1631 | (2) The report shall present an evaluation and assessment |
1632 | of the comprehensive plan and shall contain appropriate |
1633 | statements to update the comprehensive plan, including, but not |
1634 | limited to, words, maps, illustrations, or other media, related |
1635 | to: |
1636 | (a) Communitywide assessment.-- |
1637 | 1. Population growth and changes in land area, including |
1638 | annexation, since the adoption of the original plan or the most |
1639 | recent evaluation and appraisal report update amendments. |
1640 | 2.(b) The extent of vacant and developable land for each |
1641 | future land use category included in the plan, including an |
1642 | evaluation of the extent to which the target densities within |
1643 | infrastructure development encouragement areas, when adopted, |
1644 | have been achieved. The report shall include an assessment of |
1645 | the effectiveness of the community's strategies for directing |
1646 | growth and development to infrastructure development |
1647 | encouragement areas. |
1648 | 3.(c) An evaluation of the extent to which The financial |
1649 | feasibility of implementing the comprehensive plan and of |
1650 | providing needed infrastructure was provided during the |
1651 | evaluation period, as well as the extent to which needed |
1652 | infrastructure will be provided for the next planning period to |
1653 | achieve and maintain adopted level-of-service standards and |
1654 | sustain concurrency management systems through the capital |
1655 | improvements element, and long-range facilities work plans. The |
1656 | evaluation shall also consider as well as the ability to address |
1657 | infrastructure backlogs and meet the demands of growth on public |
1658 | services and facilities. |
1659 | 4.(d) The location of existing development in relation to |
1660 | the location of development as anticipated in the original plan, |
1661 | or in the plan as amended by the most recent evaluation and |
1662 | appraisal report update amendments, such as within areas |
1663 | designated for urban growth. |
1664 | 5.(h) A brief assessment of successes and shortcomings |
1665 | related to each element of the plan. |
1666 | 6.(f) Relevant changes to the state comprehensive plan, |
1667 | the requirements of this part, the minimum criteria contained in |
1668 | chapter 9J-5, Florida Administrative Code, and the appropriate |
1669 | strategic regional policy plan since the adoption of the |
1670 | original plan or the most recent evaluation and appraisal report |
1671 | update amendments. The state land planning agency shall provide |
1672 | local governments with a list of the changes to this chapter and |
1673 | Rule 9J-5 of the Florida Administrative Code. The regional |
1674 | planning councils shall provide local governments with a list of |
1675 | the changes to the strategic regional policy plan. |
1676 | 7. The extent to which growth, development, land use |
1677 | changes, and implementation of the comprehensive plan have |
1678 | adequately protected priority state interests. |
1679 | 8.(j) A summary of the public participation program and |
1680 | activities undertaken by the local government in preparing the |
1681 | report. |
1682 | (b) Evaluation of major community planning issues.-- |
1683 | 1.(e) An identification of the major issues for the |
1684 | jurisdiction and, where pertinent, the potential social, |
1685 | economic, and environmental impacts. |
1686 | 2.(g) An assessment of whether the plan objectives within |
1687 | each element, as they relate to major issues, have been |
1688 | achieved. The report shall include, as appropriate, an |
1689 | identification as to whether unforeseen or unanticipated changes |
1690 | in circumstances have resulted in problems or opportunities with |
1691 | respect to major issues identified in each element and the |
1692 | social, economic, and environmental impacts of the issue. |
1693 | 3.(i) The identification of any actions or corrective |
1694 | measures, including whether plan amendments are anticipated to |
1695 | address the major issues identified and analyzed in the report. |
1696 | Such identification shall include, as appropriate, new |
1697 | population projections, new revised planning timeframes, a |
1698 | revised future conditions map or map series, an updated capital |
1699 | improvements element, and any new and revised goals, objectives, |
1700 | and policies for major issues identified within each element. |
1701 | Recommended changes to the comprehensive plan shall be |
1702 | summarized in a single section of the report. This paragraph |
1703 | shall not require the submittal of the plan amendments with the |
1704 | evaluation and appraisal report. |
1705 | (c) Evaluation of special planning issues.-- |
1706 | 1.(k) An evaluation of whether the local government has |
1707 | been successful in coordinating The coordination of the |
1708 | comprehensive plan with existing public schools and those |
1709 | identified in the applicable educational facilities plan adopted |
1710 | pursuant to s. 1013.35. The assessment shall address, where |
1711 | relevant, the success or failure of the coordination of the |
1712 | future land use map and associated planned residential |
1713 | development with public schools and their capacities, as well as |
1714 | the joint decisionmaking processes engaged in by the local |
1715 | government and the school board in regard to establishing |
1716 | appropriate population projections and the planning and siting |
1717 | of public school facilities. If the issues are not relevant, the |
1718 | local government shall demonstrate that they are not relevant. |
1719 | 2.(l) An The evaluation of whether the local government |
1720 | has been successful in coordinating its land use planning |
1721 | activities with the water supply planning activities of its |
1722 | potable water supplier and with the resource development |
1723 | activities of the appropriate water management district. The |
1724 | evaluation shall address the coordinated use of population, |
1725 | demand, and service area projections and the utilization of |
1726 | water sources consistent with must consider the appropriate |
1727 | water management district's regional water supply plan approved |
1728 | pursuant to s. 373.0361. In addition, for local governments |
1729 | which have adopted a water supply facilities work plan, the |
1730 | report must evaluate the degree to which the local government |
1731 | has implemented the work plan included in the potable water |
1732 | element must be revised to include a work plan, covering at |
1733 | least a 10-year planning period, for building any water supply |
1734 | facilities that are identified in the element as necessary to |
1735 | serve existing and new development and for which the local |
1736 | government is responsible. |
1737 | 3.(m) If any of the jurisdiction of the local government |
1738 | is located within the coastal high-hazard area, an evaluation of |
1739 | whether any past reduction in land use density impairs the |
1740 | property rights of current property owners residents when |
1741 | redevelopment occurs, including, but not limited to, |
1742 | redevelopment following a natural disaster. The property rights |
1743 | of current property owners residents shall be balanced with |
1744 | public safety considerations. The local government must identify |
1745 | strategies to address redevelopment feasibility and the property |
1746 | rights of affected property owners residents. These strategies |
1747 | may include the authorization of redevelopment up to the actual |
1748 | built density in existence on the property prior to the natural |
1749 | disaster or redevelopment. In addition, the report shall |
1750 | identify and evaluate the actions that have been undertaken |
1751 | during the evaluation period to limit public expenditures that |
1752 | subsidize development in coastal high hazard areas, protect |
1753 | human life against the effects of natural disasters, protect |
1754 | property against the effects of natural disasters, including the |
1755 | implementation of local mitigation strategies, and safely |
1756 | evacuate the density of coastal population proposed in the |
1757 | future land use plan element. |
1758 | 4.(n) An assessment of whether the criteria adopted |
1759 | pursuant to s. 163.3177(6)(a) were successful in achieving |
1760 | compatibility with military installations. |
1761 | 5. Where applicable, the assessments required by s. |
1762 | 163.2517(6) for urban infill and redevelopment areas, s. |
1763 | 163.31777(7) for public schools interlocal agreements, and s. |
1764 | 163.3246(10) for the Local Government Comprehensive Planning |
1765 | Certification Program. |
1766 | (3)(a) As part of the process for identifying the major |
1767 | community planning issues on which to focus the evaluation and |
1768 | appraisal report, each county shall and all municipalities are |
1769 | encouraged to convene a scoping meeting of state and regional |
1770 | review agencies, as well as adjacent and other affected local |
1771 | governments. Each county shall invite the municipalities in the |
1772 | county. The scoping meeting should be held at least 1 year prior |
1773 | to the established adoption date of the report. Prior to the |
1774 | meeting, the local government shall send each invitee a |
1775 | preliminary list of major issues. At the meeting, attendees may |
1776 | advise the local government of the extent to which the |
1777 | preliminary list includes issues which, from the perspective of |
1778 | the attendee, should be addressed in the report. Attendees may |
1779 | also advise the local government of the availability of data, |
1780 | resources, and contacts that may be useful to the local |
1781 | government during the analysis of major issues and preparation |
1782 | of the report. In addition, the meeting shall include discussion |
1783 | of the extent to which the components in subsection (2) should |
1784 | be addressed in the report, including an identification of those |
1785 | components that are of minor importance to local circumstances |
1786 | and therefore need not be addressed in the same degree of |
1787 | detail. Counties are encouraged to discuss with municipalities |
1788 | the extent to which major county issues apply within each |
1789 | municipality and share with municipalities data and analyses |
1790 | developed by the county on the applicable issues. |
1791 | (b) Prior to finalizing the list of major issues, the |
1792 | local government shall hold at least one workshop to solicit |
1793 | input from citizens, community leaders, and elected officials. |
1794 | At the conclusion of the major issues identification process, |
1795 | the governing body, or its designee, is encouraged to seek |
1796 | concurrence from the state land planning agency regarding the |
1797 | list of major community planning issues on which the local |
1798 | government intends to focus its evaluation and appraisal report, |
1799 | as well as the work program that will be followed to address |
1800 | each component in subsection (2), through a letter of |
1801 | understanding or similar instrument. Voluntary scoping meetings |
1802 | may be conducted by each local government or several local |
1803 | governments within the same county that agree to meet together. |
1804 | Joint meetings among all local governments in a county are |
1805 | encouraged. All scoping meetings shall be completed at least 1 |
1806 | year prior to the established adoption date of the report. The |
1807 | purpose of the meetings shall be to distribute data and |
1808 | resources available to assist in the preparation of the report, |
1809 | to provide input on major issues in each community that should |
1810 | be addressed in the report, and to advise on the extent of the |
1811 | effort for the components of subsection (2). If scoping meetings |
1812 | are held, the local government shall invite each state and |
1813 | regional reviewing agency, as well as adjacent and other |
1814 | affected local governments. A preliminary list of new data and |
1815 | major issues that have emerged since the adoption of the |
1816 | original plan, or the most recent evaluation and appraisal |
1817 | report-based update amendments, should be developed by state and |
1818 | regional entities and involved local governments for |
1819 | distribution at the scoping meeting. For purposes of this |
1820 | subsection, a "scoping meeting" is a meeting conducted to |
1821 | determine the scope of review of the evaluation and appraisal |
1822 | report by parties to which the report relates. |
1823 | (4) The local planning agency shall prepare the evaluation |
1824 | and appraisal report and shall make recommendations to the |
1825 | governing body regarding adoption of the proposed report. The |
1826 | local planning agency shall prepare the report in conformity |
1827 | with its public participation procedures adopted as required by |
1828 | s. 163.3181. During the preparation of the proposed report and |
1829 | prior to making any recommendation to the governing body, the |
1830 | local planning agency shall hold at least one public hearing, |
1831 | with public notice, on the proposed report. At a minimum, the |
1832 | format and content of the proposed report shall include a table |
1833 | of contents; numbered pages; element headings; section headings |
1834 | within elements; a list of included tables, maps, and figures; a |
1835 | title and sources for all included tables; a preparation date; |
1836 | and the name of the preparer. Where applicable, maps shall |
1837 | include major natural and artificial geographic features; city, |
1838 | county, and state lines; and a legend indicating a north arrow, |
1839 | map scale, and the date. |
1840 | (5) One hundred twenty Ninety days prior to the scheduled |
1841 | adoption date, the governing body or, if designated, the local |
1842 | planning agency shall local government may provide, after a |
1843 | public hearing with public notice, the a proposed evaluation and |
1844 | appraisal report to the state land planning agency and |
1845 | distribute copies to state and regional commenting agencies as |
1846 | prescribed by rule, adjacent jurisdictions, and interested |
1847 | citizens for review. Each county shall provide a copy of its |
1848 | proposed report to its municipalities. All review comments, |
1849 | including comments by the state land planning agency, shall be |
1850 | transmitted to the local government and state land planning |
1851 | agency within 30 days after receipt of the proposed report. |
1852 | (6) The governing body, after considering the review |
1853 | comments and recommended changes, if any, shall adopt the |
1854 | evaluation and appraisal report by resolution or ordinance at a |
1855 | public hearing with public notice. The governing body shall |
1856 | adopt the report in conformity with its public participation |
1857 | procedures adopted as required by s. 163.3181. The local |
1858 | government shall submit to the state land planning agency three |
1859 | copies of the report, a transmittal letter indicating the dates |
1860 | of public hearings, and a copy of the adoption resolution or |
1861 | ordinance. The local government shall provide a copy of the |
1862 | report to the reviewing agencies as prescribed by rule which |
1863 | provided comments for the proposed report, or to all the |
1864 | reviewing agencies if a proposed report was not provided |
1865 | pursuant to subsection (5), including the adjacent local |
1866 | governments. Within 60 days after receipt, the state land |
1867 | planning agency shall review the adopted report and make a |
1868 | preliminary sufficiency determination that shall be forwarded by |
1869 | the agency to the local government for its consideration. The |
1870 | state land planning agency shall issue a final sufficiency |
1871 | determination within 90 days after receipt of the adopted |
1872 | evaluation and appraisal report. |
1873 | (7) The intent of the evaluation and appraisal process is |
1874 | the preparation of a plan update that clearly and concisely |
1875 | achieves the purpose of this section. Toward this end, the |
1876 | sufficiency review of the state land planning agency shall |
1877 | concentrate on whether the evaluation and appraisal report |
1878 | sufficiently fulfills the components of subsection (2). During |
1879 | the sufficiency review, the state land planning agency shall |
1880 | take into account the circumstances of the local government, |
1881 | such as size, growth rate, and buildout status, regarding the |
1882 | level of effort that is sufficient to address the components of |
1883 | subsection (2). If the state land planning agency determines |
1884 | that the report is insufficient, the governing body shall adopt |
1885 | a revision of the report and submit the revised report for |
1886 | review pursuant to subsection (6). |
1887 | (8) The state land planning agency may delegate the review |
1888 | of evaluation and appraisal reports, including all state land |
1889 | planning agency duties under subsections (4)-(7), to the |
1890 | appropriate regional planning council. When the review has been |
1891 | delegated to a regional planning council, any local government |
1892 | in the region may elect to have its report reviewed by the |
1893 | regional planning council rather than the state land planning |
1894 | agency. The state land planning agency shall by agreement |
1895 | provide for uniform and adequate review of reports and shall |
1896 | retain oversight for any delegation of review to a regional |
1897 | planning council. Regional planning councils are encouraged to |
1898 | provide technical assistance to the smaller and rural local |
1899 | governments within their region by helping them identify major |
1900 | issues, hold scoping meetings, provide updated data, and |
1901 | identify changes in state law and rule and by assisting them in |
1902 | the preparation of comprehensive plan amendments which reflect |
1903 | the recommendations of the report. |
1904 | (9) The state land planning agency may establish a phased |
1905 | schedule for adoption of reports. The schedule shall provide |
1906 | each local government at least 7 years from plan adoption or |
1907 | last established adoption date for a report and shall allot |
1908 | approximately one-seventh of the reports to any 1 year. In order |
1909 | to allow the municipalities to use data and analyses gathered by |
1910 | the counties, the state land planning agency shall schedule |
1911 | municipal report adoption dates between 1 year and 18 months |
1912 | later than the report adoption date for the county in which |
1913 | those municipalities are located. The due date for newly |
1914 | incorporated municipalities shall be consistent with the due |
1915 | dates of other municipalities within the county but no sooner |
1916 | than 5 years after the adoption of the comprehensive plan. A |
1917 | local government may adopt its report no earlier than 90 days |
1918 | prior to the established adoption date. The state land planning |
1919 | agency shall revise the schedule of due dates for the evaluation |
1920 | and appraisal report. Small municipalities which were scheduled |
1921 | by chapter 9J-33, Florida Administrative Code, to adopt their |
1922 | evaluation and appraisal report after February 2, 1999, shall be |
1923 | rescheduled to adopt their report together with the other |
1924 | municipalities in their county as provided in this subsection. |
1925 | (10) The governing body shall amend its comprehensive plan |
1926 | based on the recommendations in the report and shall update the |
1927 | comprehensive plan based on the components of subsection (2), |
1928 | pursuant to the provisions of ss. 163.3184 and, 163.3187, and |
1929 | 163.3189. Amendments to update a comprehensive plan based on the |
1930 | evaluation and appraisal report shall be adopted during a single |
1931 | amendment cycle within 18 months after the report is determined |
1932 | to be sufficient by the state land planning agency, except the |
1933 | state land planning agency may grant an extension for adoption |
1934 | of a portion of such amendments. The state land planning agency |
1935 | may grant a 6-month extension for the adoption of such |
1936 | amendments if the request is justified by good and sufficient |
1937 | cause as determined by the agency. An additional extension may |
1938 | also be granted if the request will result in greater |
1939 | coordination between transportation and land use, for the |
1940 | purposes of improving Florida's transportation system, as |
1941 | determined by the agency in coordination with the Metropolitan |
1942 | Planning Organization program. Failure to timely adopt update |
1943 | amendments to the comprehensive plan based on the evaluation and |
1944 | appraisal report shall result in a local government being |
1945 | prohibited from adopting amendments to the comprehensive plan |
1946 | until the evaluation and appraisal report update amendments have |
1947 | been adopted and found in compliance by the state land planning |
1948 | agency. The prohibition on plan amendments shall commence when |
1949 | the update amendments to the comprehensive plan are past due. |
1950 | The comprehensive plan as amended shall be in compliance as |
1951 | defined in s. 163.3184(1)(b). Within 6 months after the |
1952 | effective date of the update amendments to the comprehensive |
1953 | plan, the local government shall provide to the state land |
1954 | planning agency and all agencies designated by rule a complete |
1955 | copy of the updated comprehensive plan. |
1956 | (11) The Administration Commission may impose the |
1957 | sanctions provided by s. 163.3184(11) against any local |
1958 | government that fails to adopt and submit a report, or that |
1959 | fails to implement its report through timely and sufficient |
1960 | amendments to its local plan, except for reasons of excusable |
1961 | delay or valid planning reasons agreed to by the state land |
1962 | planning agency or found present by the Administration |
1963 | Commission. Sanctions for untimely or insufficient plan |
1964 | amendments shall be prospective only and shall begin after a |
1965 | final order has been issued by the Administration Commission and |
1966 | a reasonable period of time has been allowed for the local |
1967 | government to comply with an adverse determination by the |
1968 | Administration Commission through adoption of plan amendments |
1969 | that are in compliance. The state land planning agency may |
1970 | initiate, and an affected person may intervene in, such a |
1971 | proceeding by filing a petition with the Division of |
1972 | Administrative Hearings, which shall appoint an administrative |
1973 | law judge and conduct a hearing pursuant to ss. 120.569 and |
1974 | 120.57(1) and shall submit a recommended order to the |
1975 | Administration Commission. The affected local government shall |
1976 | be a party to any such proceeding. The commission may implement |
1977 | this subsection by rule. |
1978 | (11)(12) The state land planning agency shall not adopt |
1979 | rules to implement this section, other than procedural rules. |
1980 | (12)(13) The state land planning agency shall regularly |
1981 | review the evaluation and appraisal report process and submit a |
1982 | report to the Governor, the Administration Commission, the |
1983 | Speaker of the House of Representatives, the President of the |
1984 | Senate, and the respective community affairs committees of the |
1985 | Senate and the House of Representatives. The first report shall |
1986 | be submitted by December 31, 2004, and subsequent reports shall |
1987 | be submitted every 5 years thereafter. At least 9 months before |
1988 | the due date of each report, the Secretary of Community Affairs |
1989 | shall appoint a technical committee of at least 15 members to |
1990 | assist in the preparation of the report. The membership of the |
1991 | technical committee shall consist of representatives of local |
1992 | governments, regional planning councils, the private sector, and |
1993 | environmental organizations. The report shall assess the |
1994 | effectiveness of the evaluation and appraisal report process. |
1995 | Section 13. Subsections (1), (6), and (7) of section |
1996 | 163.3245, Florida Statutes, are amended to read: |
1997 | 163.3245 Optional sector plans.-- |
1998 | (1) In recognition of the benefits of conceptual |
1999 | long-range planning for the buildout of an area, and detailed |
2000 | planning for specific areas, as a demonstration project, the |
2001 | requirements of s. 380.06 may be addressed as identified by this |
2002 | section for up to five local governments or combinations of |
2003 | local governments which adopt into the comprehensive plan an |
2004 | optional sector plan in accordance with this section. This |
2005 | section is intended to further the intent of s. 163.3177(11), |
2006 | which supports innovative and flexible planning and development |
2007 | strategies, and the purposes of this part, and part I of chapter |
2008 | 380, and to avoid duplication of effort in terms of the level of |
2009 | data and analysis required for a development of regional impact, |
2010 | while ensuring the adequate mitigation of impacts to applicable |
2011 | regional resources and facilities, including those within the |
2012 | jurisdiction of other local governments, as would otherwise be |
2013 | provided. Optional sector plans are intended for substantial |
2014 | geographic areas including at least 5,000 acres of one or more |
2015 | local governmental jurisdictions and are to emphasize urban form |
2016 | and protection of regionally significant resources and |
2017 | facilities. The state land planning agency may approve optional |
2018 | sector plans of less than 5,000 acres based on local |
2019 | circumstances if it is determined that the plan would further |
2020 | the purposes of this part and part I of chapter 380. Preparation |
2021 | of an optional sector plan is authorized by agreement between |
2022 | the state land planning agency and the applicable local |
2023 | governments under s. 163.3171(4). An optional sector plan may be |
2024 | adopted through one or more comprehensive plan amendments under |
2025 | s. 163.3184. However, an optional sector plan may not be |
2026 | authorized in an area of critical state concern. |
2027 | (6) Beginning December 1, 1999, and each year thereafter, |
2028 | the department shall provide a status report to the Legislative |
2029 | Committee on Intergovernmental Relations regarding each optional |
2030 | sector plan authorized under this section. |
2031 | (7) This section may not be construed to abrogate the |
2032 | rights of any person under this chapter. |
2033 | Section 14. Paragraph (c) of subsection (3) of section |
2034 | 166.041, Florida Statutes, is amended to read: |
2035 | 166.041 Procedures for adoption of ordinances and |
2036 | resolutions.-- |
2037 | (3) |
2038 | (c) Ordinances initiated by other than the municipality |
2039 | that change the actual zoning map designation of a parcel or |
2040 | parcels of land shall be enacted pursuant to paragraph (a). |
2041 | Ordinances that change the actual list of permitted, |
2042 | conditional, or prohibited uses within a zoning category, or |
2043 | ordinances initiated by the municipality that change the actual |
2044 | zoning map designation of a parcel or parcels of land, and |
2045 | ordinances which adopt or amend the comprehensive plan shall be |
2046 | enacted pursuant to the following procedure: |
2047 | 1. In cases in which the proposed ordinance changes the |
2048 | actual zoning map designation for a parcel or parcels of land |
2049 | involving less than 10 contiguous acres, or in which the |
2050 | proposed ordinance adopts a small-scale comprehensive plan |
2051 | amendment, the governing body shall direct the clerk of the |
2052 | governing body to notify by mail each real property owner whose |
2053 | land the municipality will redesignate by enactment of the |
2054 | ordinance and whose address is known by reference to the latest |
2055 | ad valorem tax records. The notice shall state the substance of |
2056 | the proposed ordinance as it affects that property owner and |
2057 | shall set a time and place for one or more public hearings on |
2058 | such ordinance. Such notice shall be given at least 30 days |
2059 | prior to the date set for the public hearing, and a copy of the |
2060 | notice shall be kept available for public inspection during the |
2061 | regular business hours of the office of the clerk of the |
2062 | governing body. The governing body shall hold a public hearing |
2063 | on the proposed ordinance and may, upon the conclusion of the |
2064 | hearing, immediately adopt the ordinance. |
2065 | 2. In cases in which the proposed ordinance changes the |
2066 | actual list of permitted, conditional, or prohibited uses within |
2067 | a zoning category, or changes the actual zoning map designation |
2068 | of a parcel or parcels of land involving 10 contiguous acres or |
2069 | more, or adopts a comprehensive plan amendment which is not |
2070 | small scale, the governing body shall provide for public notice |
2071 | and hearings as follows: |
2072 | a. The local governing body shall hold two advertised |
2073 | public hearings on the proposed ordinance. At least one hearing |
2074 | shall be held after 5 p.m. on a weekday, unless the local |
2075 | governing body, by a majority plus one vote, elects to conduct |
2076 | that hearing at another time of day. The first public hearing |
2077 | shall be held at least 7 days after the day that the first |
2078 | advertisement is published. The second hearing shall be held at |
2079 | least 10 days after the first hearing and shall be advertised at |
2080 | least 5 days prior to the public hearing. |
2081 | b. The required advertisements shall be no less than 2 |
2082 | columns wide by 10 inches long in a standard size or a tabloid |
2083 | size newspaper, and the headline in the advertisement shall be |
2084 | in a type no smaller than 18 point. The advertisement shall not |
2085 | be placed in that portion of the newspaper where legal notices |
2086 | and classified advertisements appear. The advertisement shall be |
2087 | placed in a newspaper of general paid circulation in the |
2088 | municipality and of general interest and readership in the |
2089 | municipality, not one of limited subject matter, pursuant to |
2090 | chapter 50. It is the legislative intent that, whenever |
2091 | possible, the advertisement appear in a newspaper that is |
2092 | published at least 5 days a week unless the only newspaper in |
2093 | the municipality is published less than 5 days a week. The |
2094 | advertisement shall be in substantially the following form: |
2095 |
|
2096 | NOTICE OF (TYPE OF) CHANGE |
2097 |
|
2098 | The (name of local governmental unit) proposes to adopt |
2099 | the following ordinance: (title of the ordinance) . |
2100 | A public hearing on the ordinance will be held on (date |
2101 | and time) at (meeting place) . |
2102 |
|
2103 | Except for amendments which change the actual list of permitted, |
2104 | conditional, or prohibited uses within a zoning category or |
2105 | amend the text of the comprehensive plan, the advertisement |
2106 | shall contain a geographic location map which clearly indicates |
2107 | the area covered by the proposed ordinance. The map shall |
2108 | include major street names as a means of identification of the |
2109 | general area. |
2110 | c. In lieu of publishing the advertisement set out in this |
2111 | paragraph, the municipality may mail a notice to each person |
2112 | owning real property within the area covered by the ordinance. |
2113 | Such notice shall clearly explain the proposed ordinance and |
2114 | shall notify the person of the time, place, and location of any |
2115 | public hearing on the proposed ordinance. |
2116 | Section 15. Subsection (26) of section 70.51, Florida |
2117 | Statutes, is amended to read: |
2118 | 70.51 Land use and environmental dispute resolution.-- |
2119 | (26) A special magistrate's recommendation under this |
2120 | section constitutes data in support of, and a support document |
2121 | for, a comprehensive plan or comprehensive plan amendment, but |
2122 | is not, in and of itself, dispositive of a determination of |
2123 | compliance with chapter 163. Any comprehensive plan amendment |
2124 | necessary to carry out the approved recommendation of a special |
2125 | magistrate under this section is exempt from the twice-a-year |
2126 | limit on plan amendments and may be adopted by the local |
2127 | government amendments in s. 163.3184(16)(d). |
2128 | Section 16. Paragraph (k) of subsection (2) of section |
2129 | 163.3178, Florida Statutes, is amended to read: |
2130 | 163.3178 Coastal management.-- |
2131 | (2) Each coastal management element required by s. |
2132 | 163.3177(6)(g) shall be based on studies, surveys, and data; be |
2133 | consistent with coastal resource plans prepared and adopted |
2134 | pursuant to general or special law; and contain: |
2135 | (k) A component which includes the comprehensive master |
2136 | plan prepared by each deepwater port listed in s. 311.09(1), |
2137 | which addresses existing port facilities and any proposed |
2138 | expansions, and which adequately addresses the applicable |
2139 | requirements of paragraphs (a)-(k) for areas within the port and |
2140 | proposed expansion areas. Such component shall be submitted to |
2141 | the appropriate local government at least 6 months prior to the |
2142 | due date of the local plan and shall be integrated with, and |
2143 | shall meet all criteria specified in, the coastal management |
2144 | element. "The appropriate local government" means the |
2145 | municipality having the responsibility for the area in which the |
2146 | deepwater port lies, except that where no municipality has |
2147 | responsibility, where a municipality and a county each have |
2148 | responsibility, or where two or more municipalities each have |
2149 | responsibility for the area in which the deepwater port lies, |
2150 | "the appropriate local government" means the county which has |
2151 | responsibility for the area in which the deepwater port lies. |
2152 | Failure by a deepwater port which is not part of a local |
2153 | government to submit its component to the appropriate local |
2154 | government shall not result in a local government being subject |
2155 | to sanctions pursuant to s. ss. 163.3167 and 163.3184. However, |
2156 | a deepwater port which is not part of a local government shall |
2157 | be subject to sanctions pursuant to s. 163.3184. |
2158 | Section 17. Subsection (13) of section 163.3180, Florida |
2159 | Statutes, is amended to read: |
2160 | 163.3180 Concurrency.-- |
2161 | (13) School concurrency, if imposed by local option, shall |
2162 | be established on a districtwide basis and shall include all |
2163 | public schools in the district and all portions of the district, |
2164 | whether located in a municipality or an unincorporated area. The |
2165 | application of school concurrency to development shall be based |
2166 | upon the adopted comprehensive plan, as amended. All local |
2167 | governments within a county, except as provided in paragraph |
2168 | (f), shall adopt and transmit to the state land planning agency |
2169 | the necessary plan amendments, along with the interlocal |
2170 | agreement, for a compliance review pursuant to s. 163.3184(7) |
2171 | and (8). School concurrency shall not become effective in a |
2172 | county until all local governments, except as provided in |
2173 | paragraph (f), have adopted the necessary plan amendments, which |
2174 | together with the interlocal agreement, are determined to be in |
2175 | compliance with the requirements of this part. The minimum |
2176 | requirements for school concurrency are the following: |
2177 | (a) Public school facilities element.--A local government |
2178 | shall adopt and transmit to the state land planning agency a |
2179 | plan or plan amendment which includes a public school facilities |
2180 | element which is consistent with the requirements of s. |
2181 | 163.3177(12) and which is determined to be in compliance as |
2182 | defined in s. 163.3184(1)(b). All local government public school |
2183 | facilities plan elements within a county must be consistent with |
2184 | each other as well as the requirements of this part. |
2185 | (b) Level-of-service standards.--The Legislature |
2186 | recognizes that an essential requirement for a concurrency |
2187 | management system is the level of service at which a public |
2188 | facility is expected to operate. |
2189 | 1. Local governments and school boards imposing school |
2190 | concurrency shall exercise authority in conjunction with each |
2191 | other to establish jointly adequate level-of-service standards, |
2192 | as defined in chapter 9J-5, Florida Administrative Code, |
2193 | necessary to implement the adopted local government |
2194 | comprehensive plan, based on data and analysis. |
2195 | 2. Public school level-of-service standards shall be |
2196 | included and adopted into the capital improvements element of |
2197 | the local comprehensive plan and shall apply districtwide to all |
2198 | schools of the same type. Types of schools may include |
2199 | elementary, middle, and high schools as well as special purpose |
2200 | facilities such as magnet schools. |
2201 | 3. Local governments and school boards shall have the |
2202 | option to utilize tiered level-of-service standards to allow |
2203 | time to achieve an adequate and desirable level of service as |
2204 | circumstances warrant. |
2205 | (c) Service areas.--The Legislature recognizes that an |
2206 | essential requirement for a concurrency system is a designation |
2207 | of the area within which the level of service will be measured |
2208 | when an application for a residential development permit is |
2209 | reviewed for school concurrency purposes. This delineation is |
2210 | also important for purposes of determining whether the local |
2211 | government has a financially feasible public school capital |
2212 | facilities program that will provide schools which will achieve |
2213 | and maintain the adopted level-of-service standards. |
2214 | 1. In order to balance competing interests, preserve the |
2215 | constitutional concept of uniformity, and avoid disruption of |
2216 | existing educational and growth management processes, local |
2217 | governments are encouraged to apply school concurrency to |
2218 | development on a districtwide basis so that a concurrency |
2219 | determination for a specific development will be based upon the |
2220 | availability of school capacity districtwide. |
2221 | 2. For local governments applying school concurrency on a |
2222 | less than districtwide basis, such as utilizing school |
2223 | attendance zones or larger school concurrency service areas, |
2224 | local governments and school boards shall have the burden to |
2225 | demonstrate that the utilization of school capacity is maximized |
2226 | to the greatest extent possible in the comprehensive plan and |
2227 | amendment, taking into account transportation costs and court- |
2228 | approved desegregation plans, as well as other factors. In |
2229 | addition, in order to achieve concurrency within the service |
2230 | area boundaries selected by local governments and school boards, |
2231 | the service area boundaries, together with the standards for |
2232 | establishing those boundaries, shall be identified, included, |
2233 | and adopted as part of the comprehensive plan. Any subsequent |
2234 | change to the service area boundaries for purposes of a school |
2235 | concurrency system shall be by plan amendment and shall be |
2236 | exempt from the limitation on the frequency of plan amendments |
2237 | in s. 163.3187(1). |
2238 | 3. Where school capacity is available on a districtwide |
2239 | basis but school concurrency is applied on a less than |
2240 | districtwide basis in the form of concurrency service areas, if |
2241 | the adopted level-of-service standard cannot be met in a |
2242 | particular service area as applied to an application for a |
2243 | development permit and if the needed capacity for the particular |
2244 | service area is available in one or more contiguous service |
2245 | areas, as adopted by the local government, then the development |
2246 | order shall be issued and mitigation measures shall not be |
2247 | exacted. |
2248 | (d) Financial feasibility.--The Legislature recognizes |
2249 | that financial feasibility is an important issue because the |
2250 | premise of concurrency is that the public facilities will be |
2251 | provided in order to achieve and maintain the adopted level-of- |
2252 | service standard. This part and chapter 9J-5, Florida |
2253 | Administrative Code, contain specific standards to determine the |
2254 | financial feasibility of capital programs. These standards were |
2255 | adopted to make concurrency more predictable and local |
2256 | governments more accountable. |
2257 | 1. A comprehensive plan amendment seeking to impose school |
2258 | concurrency shall contain appropriate amendments to the capital |
2259 | improvements element of the comprehensive plan, consistent with |
2260 | the requirements of s. 163.3177(3) and rule 9J-5.016, Florida |
2261 | Administrative Code. The capital improvements element shall set |
2262 | forth a financially feasible public school capital facilities |
2263 | program, established in conjunction with the school board, that |
2264 | demonstrates that the adopted level-of-service standards will be |
2265 | achieved and maintained. |
2266 | 2. Such amendments shall demonstrate that the public |
2267 | school capital facilities program meets all of the financial |
2268 | feasibility standards of this part and chapter 9J-5, Florida |
2269 | Administrative Code, that apply to capital programs which |
2270 | provide the basis for mandatory concurrency on other public |
2271 | facilities and services. |
2272 | 3. When the financial feasibility of a public school |
2273 | capital facilities program is evaluated by the state land |
2274 | planning agency for purposes of a compliance determination, the |
2275 | evaluation shall be based upon the service areas selected by the |
2276 | local governments and school board. |
2277 | (e) Availability standard.--Consistent with the public |
2278 | welfare, a local government may not deny a development permit |
2279 | authorizing residential development for failure to achieve and |
2280 | maintain the level-of-service standard for public school |
2281 | capacity in a local option school concurrency system where |
2282 | adequate school facilities will be in place or under actual |
2283 | construction within 3 years after permit issuance. |
2284 | (f) Intergovernmental coordination.-- |
2285 | 1. When establishing concurrency requirements for public |
2286 | schools, a local government shall satisfy the requirements for |
2287 | intergovernmental coordination set forth in s. 163.3177(6)(h)1. |
2288 | and 2., except that a municipality is not required to be a |
2289 | signatory to the interlocal agreement required by s. |
2290 | 163.3177(6)(h)2. as a prerequisite for imposition of school |
2291 | concurrency, and as a nonsignatory, shall not participate in the |
2292 | adopted local school concurrency system, if the municipality |
2293 | meets all of the following criteria for having no significant |
2294 | impact on school attendance: |
2295 | a. The municipality has issued development orders for |
2296 | fewer than 50 residential dwelling units during the preceding 5 |
2297 | years, or the municipality has generated fewer than 25 |
2298 | additional public school students during the preceding 5 years. |
2299 | b. The municipality has not annexed new land during the |
2300 | preceding 5 years in land use categories which permit |
2301 | residential uses that will affect school attendance rates. |
2302 | c. The municipality has no public schools located within |
2303 | its boundaries. |
2304 | d. At least 80 percent of the developable land within the |
2305 | boundaries of the municipality has been built upon. |
2306 | 2. A municipality which qualifies as having no significant |
2307 | impact on school attendance pursuant to the criteria of |
2308 | subparagraph 1. must review and determine at the time of its |
2309 | evaluation and appraisal report pursuant to s. 163.3191 whether |
2310 | it continues to meet the criteria. If the municipality |
2311 | determines that it no longer meets the criteria, it must adopt |
2312 | appropriate school concurrency goals, objectives, and policies |
2313 | in its plan amendments based on the evaluation and appraisal |
2314 | report, and enter into the existing interlocal agreement |
2315 | required by s. 163.3177(6)(h)2., in order to fully participate |
2316 | in the school concurrency system. If such a municipality fails |
2317 | to do so, it will be subject to the enforcement provisions of s. |
2318 | 163.3191. |
2319 | (g) Interlocal agreement for school concurrency.--When |
2320 | establishing concurrency requirements for public schools, a |
2321 | local government must enter into an interlocal agreement which |
2322 | satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the |
2323 | requirements of this subsection. The interlocal agreement shall |
2324 | acknowledge both the school board's constitutional and statutory |
2325 | obligations to provide a uniform system of free public schools |
2326 | on a countywide basis, and the land use authority of local |
2327 | governments, including their authority to approve or deny |
2328 | comprehensive plan amendments and development orders. The |
2329 | interlocal agreement shall be submitted to the state land |
2330 | planning agency by the local government as a part of the |
2331 | compliance review, along with the other necessary amendments to |
2332 | the comprehensive plan required by this part. In addition to the |
2333 | requirements of s. 163.3177(6)(h), the interlocal agreement |
2334 | shall meet the following requirements: |
2335 | 1. Establish the mechanisms for coordinating the |
2336 | development, adoption, and amendment of each local government's |
2337 | public school facilities element with each other and the plans |
2338 | of the school board to ensure a uniform districtwide school |
2339 | concurrency system. |
2340 | 2. Establish a process by which each local government and |
2341 | the school board shall agree and base their plans on consistent |
2342 | projections of the amount, type, and distribution of population |
2343 | growth and coordinate and share information relating to existing |
2344 | and planned public school facilities projections and proposals |
2345 | for development and redevelopment, and infrastructure required |
2346 | to support public school facilities. |
2347 | 3. Establish a process for the development of siting |
2348 | criteria which encourages the location of public schools |
2349 | proximate to urban residential areas to the extent possible and |
2350 | seeks to collocate schools with other public facilities such as |
2351 | parks, libraries, and community centers to the extent possible. |
2352 | 4. Specify uniform, districtwide level-of-service |
2353 | standards for public schools of the same type and the process |
2354 | for modifying the adopted levels-of-service standards. |
2355 | 5. Establish a process for the preparation, amendment, and |
2356 | joint approval by each local government and the school board of |
2357 | a public school capital facilities program which is financially |
2358 | feasible, and a process and schedule for incorporation of the |
2359 | public school capital facilities program into the local |
2360 | government comprehensive plans on an annual basis. |
2361 | 6. Define the geographic application of school |
2362 | concurrency. If school concurrency is to be applied on a less |
2363 | than districtwide basis in the form of concurrency service |
2364 | areas, the agreement shall establish criteria and standards for |
2365 | the establishment and modification of school concurrency service |
2366 | areas. The agreement shall also establish a process and schedule |
2367 | for the mandatory incorporation of the school concurrency |
2368 | service areas and the criteria and standards for establishment |
2369 | of the service areas into the local government comprehensive |
2370 | plans. The agreement shall ensure maximum utilization of school |
2371 | capacity, taking into account transportation costs and court- |
2372 | approved desegregation plans, as well as other factors. The |
2373 | agreement shall also ensure the achievement and maintenance of |
2374 | the adopted level-of-service standards for the geographic area |
2375 | of application throughout the 5 years covered by the public |
2376 | school capital facilities plan and thereafter by adding a new |
2377 | fifth year during the annual update. |
2378 | 7. Establish a uniform districtwide procedure for |
2379 | implementing school concurrency which provides for: |
2380 | a. The evaluation of development applications for |
2381 | compliance with school concurrency requirements; |
2382 | b. An opportunity for the school board to review and |
2383 | comment on the effect of comprehensive plan amendments and |
2384 | rezonings on the public school facilities plan; and |
2385 | c. The monitoring and evaluation of the school concurrency |
2386 | system. |
2387 | 8. Include provisions relating to termination, suspension, |
2388 | and amendment of the agreement. The agreement shall provide that |
2389 | if the agreement is terminated or suspended, the application of |
2390 | school concurrency shall be terminated or suspended. |
2391 | Section 18. Subsection (6) of section 163.3213, Florida |
2392 | Statutes, is amended to read: |
2393 | 163.3213 Administrative review of land development |
2394 | regulations.-- |
2395 | (6) If the administrative law judge in his or her order |
2396 | finds the land development regulation to be inconsistent with |
2397 | the local comprehensive plan, the order will be submitted to the |
2398 | Administration Commission. An appeal pursuant to s. 120.68 may |
2399 | not be taken until the Administration Commission acts pursuant |
2400 | to this subsection. The Administration Commission shall hold a |
2401 | hearing no earlier than 30 days or later than 60 days after the |
2402 | administrative law judge renders his or her final order. The |
2403 | sole issue before the Administration Commission shall be the |
2404 | extent to which any of the sanctions described in s. |
2405 | 163.3184(11)(a) or (b) shall be applicable to the local |
2406 | government whose land development regulation has been found to |
2407 | be inconsistent with its comprehensive plan. If a land |
2408 | development regulation is not challenged within 12 months, it |
2409 | shall be deemed to be consistent with the adopted local plan. |
2410 | Section 19. Section 163.3229, Florida Statutes, is amended |
2411 | to read: |
2412 | 163.3229 Duration of a development agreement and |
2413 | relationship to local comprehensive plan.--The duration of a |
2414 | development agreement shall not exceed 10 years. It may be |
2415 | extended by mutual consent of the governing body and the |
2416 | developer, subject to a public hearing in accordance with s. |
2417 | 163.3225. No development agreement shall be effective or be |
2418 | implemented by a local government unless the local government's |
2419 | comprehensive plan and plan amendments implementing or related |
2420 | to the agreement are found in compliance by the state land |
2421 | planning agency in accordance with s. 163.3184 or, s. 163.3187, |
2422 | or s. 163.3189. |
2423 | Section 20. Paragraph (a) of subsection (9) of section |
2424 | 163.3246, Florida Statutes, is amended to read: |
2425 | 163.3246 Local government comprehensive planning |
2426 | certification program.-- |
2427 | (9)(a) Upon certification all comprehensive plan |
2428 | amendments associated with the area certified must be adopted |
2429 | and reviewed in the manner described in ss. 163.3184(1), (2), |
2430 | (7), (14), (15), and (16) and 163.3187, such that state and |
2431 | regional agency review is eliminated. The department may not |
2432 | issue any objections, recommendations, and comments report on |
2433 | proposed plan amendments or a notice of intent on adopted plan |
2434 | amendments; however, affected persons, as defined by s. |
2435 | 163.3184(1)(a), may file a petition for administrative review |
2436 | pursuant to the requirements of s. 163.3187(3)(a) to challenge |
2437 | the compliance of an adopted plan amendment. |
2438 | Section 21. Subsection (8) of section 163.516, Florida |
2439 | Statutes, is amended to read: |
2440 | 163.516 Safe neighborhood improvement plans.-- |
2441 | (8) Pursuant to ss. 163.3184 and, 163.3187, and 163.3189, |
2442 | the governing body of a municipality or county shall hold two |
2443 | public hearings to consider the board-adopted safe neighborhood |
2444 | improvement plan as an amendment or modification to the |
2445 | municipality's or county's adopted local comprehensive plan. |
2446 | Section 22. Section 186.515, Florida Statutes, is amended |
2447 | to read: |
2448 | 186.515 Creation of regional planning councils under |
2449 | chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and |
2450 | 186.515 is intended to repeal or limit the provisions of chapter |
2451 | 163; however, the local general-purpose governments serving as |
2452 | voting members of the governing body of a regional planning |
2453 | council created pursuant to ss. 186.501-186.507, 186.513, and |
2454 | 186.515 are not authorized to create a regional planning council |
2455 | pursuant to chapter 163 unless an agency, other than a regional |
2456 | planning council created pursuant to ss. 186.501-186.507, |
2457 | 186.513, and 186.515, is designated to exercise the powers and |
2458 | duties in any one or more of ss. 163.3164(18)(19) and |
2459 | 380.031(15); in which case, such a regional planning council is |
2460 | also without authority to exercise the powers and duties in s. |
2461 | 163.3164(18)(19) or s. 380.031(15). |
2462 | Section 23. Paragraph (a) of subsection (15) of section |
2463 | 287.042, Florida Statutes, is amended to read: |
2464 | 287.042 Powers, duties, and functions.--The department |
2465 | shall have the following powers, duties, and functions: |
2466 | (15)(a) To enter into joint agreements with governmental |
2467 | agencies, as defined in s. 163.3164(10), for the purpose of |
2468 | pooling funds for the purchase of commodities or information |
2469 | technology that can be used by multiple agencies. However, the |
2470 | department shall consult with the State Technology Office on |
2471 | joint agreements that involve the purchase of information |
2472 | technology. Agencies entering into joint purchasing agreements |
2473 | with the department or the State Technology Office shall |
2474 | authorize the department or the State Technology Office to |
2475 | contract for such purchases on their behalf. |
2476 | Section 24. Paragraph (a) of subsection (2), subsection |
2477 | (10), and paragraph (d) of subsection (12) of section 288.975, |
2478 | Florida Statutes, are amended to read: |
2479 | 288.975 Military base reuse plans.-- |
2480 | (2) As used in this section, the term: |
2481 | (a) "Affected local government" means a local government |
2482 | adjoining the host local government and any other unit of local |
2483 | government that is not a host local government but that is |
2484 | identified in a proposed military base reuse plan as providing, |
2485 | operating, or maintaining one or more public facilities as |
2486 | defined in s. 163.3164(24) on lands within or serving a military |
2487 | base designated for closure by the Federal Government. |
2488 | (10) Within 60 days after receipt of a proposed military |
2489 | base reuse plan, these entities shall review and provide |
2490 | comments to the host local government. The commencement of this |
2491 | review period shall be advertised in newspapers of general |
2492 | circulation within the host local government and any affected |
2493 | local government to allow for public comment. No later than 180 |
2494 | days after receipt and consideration of all comments, and the |
2495 | holding of at least two public hearings, the host local |
2496 | government shall adopt the military base reuse plan. The host |
2497 | local government shall comply with the notice requirements set |
2498 | forth in s. 163.3184(15) to ensure full public participation in |
2499 | this planning process. |
2500 | (12) Following receipt of a petition, the petitioning |
2501 | party or parties and the host local government shall seek |
2502 | resolution of the issues in dispute. The issues in dispute shall |
2503 | be resolved as follows: |
2504 | (d) Within 45 days after receiving the report from the |
2505 | state land planning agency, an administrative law judge of the |
2506 | Division of Administrative Hearings Administration Commission |
2507 | shall take action to resolve the issues in dispute. In deciding |
2508 | upon a proper resolution, the administrative law judge |
2509 | Administration Commission shall consider the nature of the |
2510 | issues in dispute, any requests for a formal administrative |
2511 | hearing pursuant to chapter 120, the compliance of the parties |
2512 | with this section, the extent of the conflict between the |
2513 | parties, the comparative hardships and the public interest |
2514 | involved. If the administrative law judge Administration |
2515 | Commission incorporates in its final order a term or condition |
2516 | that requires any local government to amend its local government |
2517 | comprehensive plan, the local government shall amend its plan |
2518 | within 60 days after the issuance of the order. Such amendment |
2519 | or amendments shall be exempt from the limitation of the |
2520 | frequency of plan amendments contained in s. 163.3187(2), and a |
2521 | public hearing on such amendment or amendments pursuant to s. |
2522 | 163.3184(15)(b)1. shall not be required. The final order of the |
2523 | administrative law judge Administration Commission is subject to |
2524 | appeal pursuant to s. 120.68. If the order of the administrative |
2525 | law judge Administration Commission is appealed, the time for |
2526 | the local government to amend its plan shall be tolled during |
2527 | the pendency of any local, state, or federal administrative or |
2528 | judicial proceeding relating to the military base reuse plan. |
2529 | Section 25. Subsection (5) of section 369.303, Florida |
2530 | Statutes, is amended to read: |
2531 | 369.303 Definitions.--As used in this part: |
2532 | (5) "Land development regulation" means a regulation |
2533 | covered by the definition in s. 163.3164(23) and any of the |
2534 | types of regulations described in s. 163.3202. |
2535 | Section 26. Paragraph (b) of subsection (6) of section |
2536 | 380.06, Florida Statutes, is amended to read: |
2537 | 380.06 Developments of regional impact.-- |
2538 | (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT |
2539 | PLAN AMENDMENTS.-- |
2540 | (b) Any local government comprehensive plan amendments |
2541 | related to a proposed development of regional impact, including |
2542 | any changes proposed under subsection (19), may be initiated by |
2543 | a local planning agency or the developer and must be considered |
2544 | by the local governing body at the same time as the application |
2545 | for development approval using the procedures provided for local |
2546 | plan amendment in s. 163.3187 or s. 163.3189 and applicable |
2547 | local ordinances, without regard to statutory or local ordinance |
2548 | limits on the frequency of consideration of amendments to the |
2549 | local comprehensive plan. Nothing in this paragraph shall be |
2550 | deemed to require favorable consideration of a plan amendment |
2551 | solely because it is related to a development of regional |
2552 | impact. The procedure for processing such comprehensive plan |
2553 | amendments is as follows: |
2554 | 1. If a developer seeks a comprehensive plan amendment |
2555 | related to a development of regional impact, the developer must |
2556 | so notify in writing the regional planning agency, the |
2557 | applicable local government, and the state land planning agency |
2558 | no later than the date of preapplication conference or the |
2559 | submission of the proposed change under subsection (19). |
2560 | 2. When filing the application for development approval or |
2561 | the proposed change, the developer must include a written |
2562 | request for comprehensive plan amendments that would be |
2563 | necessitated by the development-of-regional-impact approvals |
2564 | sought. That request must include data and analysis upon which |
2565 | the applicable local government can determine whether to |
2566 | transmit the comprehensive plan amendment pursuant to s. |
2567 | 163.3184. |
2568 | 3. The local government must advertise a public hearing on |
2569 | the transmittal within 30 days after filing the application for |
2570 | development approval or the proposed change and must make a |
2571 | determination on the transmittal within 60 days after the |
2572 | initial filing unless that time is extended by the developer. |
2573 | 4. If the local government approves the transmittal, |
2574 | procedures set forth in s. 163.3184(3)-(6) must be followed. |
2575 | 5. Notwithstanding subsection (11) or subsection (19), the |
2576 | local government may not hold a public hearing on the |
2577 | application for development approval or the proposed change or |
2578 | on the comprehensive plan amendments sooner than 30 days from |
2579 | receipt of the response from the state land planning agency |
2580 | pursuant to s. 163.3184(6). The 60-day time period for local |
2581 | governments to adopt, adopt with changes, or not adopt plan |
2582 | amendments pursuant to s. 163.3184(7) shall not apply to |
2583 | concurrent plan amendments provided for in this subsection. |
2584 | 6. The local government must hear both the application for |
2585 | development approval or the proposed change and the |
2586 | comprehensive plan amendments at the same hearing. However, the |
2587 | local government must take action separately on the application |
2588 | for development approval or the proposed change and on the |
2589 | comprehensive plan amendments. |
2590 | 7. Thereafter, the appeal process for the local government |
2591 | development order must follow the provisions of s. 380.07, and |
2592 | the compliance process for the comprehensive plan amendments |
2593 | must follow the provisions of s. 163.3184. |
2594 | Section 27. Paragraph (a) of subsection (8) of section |
2595 | 380.061, Florida Statutes, is amended to read: |
2596 | 380.061 The Florida Quality Developments program.-- |
2597 | (8)(a) Any local government comprehensive plan amendments |
2598 | related to a Florida Quality Development may be initiated by a |
2599 | local planning agency and considered by the local governing body |
2600 | at the same time as the application for development approval, |
2601 | using the procedures provided for local plan amendment in s. |
2602 | 163.3187 or s. 163.3189 and applicable local ordinances, without |
2603 | regard to statutory or local ordinance limits on the frequency |
2604 | of consideration of amendments to the local comprehensive plan. |
2605 | Nothing in this subsection shall be construed to require |
2606 | favorable consideration of a Florida Quality Development solely |
2607 | because it is related to a development of regional impact. |
2608 | Section 28. Paragraph (a) of subsection (15) of section |
2609 | 403.973, Florida Statutes, is amended to read: |
2610 | 403.973 Expedited permitting; comprehensive plan |
2611 | amendments.-- |
2612 | (15)(a) Challenges to state agency action in the expedited |
2613 | permitting process for projects processed under this section are |
2614 | subject to the summary hearing provisions of s. 120.574, except |
2615 | that the administrative law judge's decision, as provided in s. |
2616 | 120.574(2)(f), shall be in the form of a recommended order and |
2617 | shall not constitute the final action of the state agency. In |
2618 | those proceedings where the action of only one agency of the |
2619 | state is challenged, the agency of the state shall issue the |
2620 | final order within 10 working days of receipt of the |
2621 | administrative law judge's recommended order. In those |
2622 | proceedings where the actions of more than one agency of the |
2623 | state are challenged, the Governor shall issue the final order |
2624 | within 10 working days of receipt of the administrative law |
2625 | judge's recommended order. The participating agencies of the |
2626 | state may opt at the preliminary hearing conference to allow the |
2627 | administrative law judge's decision to constitute the final |
2628 | agency action. If a participating local government agrees to |
2629 | participate in the summary hearing provisions of s. 120.574 for |
2630 | purposes of review of local government comprehensive plan |
2631 | amendments, s. 163.3184(9) and (10) apply. |
2632 | Section 29. Subsection (16) of section 420.9071, Florida |
2633 | Statutes, is amended to read: |
2634 | 420.9071 Definitions.--As used in ss. 420.907-420.9079, |
2635 | the term: |
2636 | (16) "Local housing incentive strategies" means local |
2637 | regulatory reform or incentive programs to encourage or |
2638 | facilitate affordable housing production, which include at a |
2639 | minimum, assurance that permits as defined in s. 163.3164(7) and |
2640 | (8) for affordable housing projects are expedited to a greater |
2641 | degree than other projects; an ongoing process for review of |
2642 | local policies, ordinances, regulations, and plan provisions |
2643 | that increase the cost of housing prior to their adoption; and a |
2644 | schedule for implementing the incentive strategies. Local |
2645 | housing incentive strategies may also include other regulatory |
2646 | reforms, such as those enumerated in s. 420.9076 and adopted by |
2647 | the local governing body. |
2648 | Section 30. Paragraph (a) of subsection (4) of section |
2649 | 420.9076, Florida Statutes, is amended to read: |
2650 | 420.9076 Adoption of affordable housing incentive |
2651 | strategies; committees.-- |
2652 | (4) The advisory committee shall review the established |
2653 | policies and procedures, ordinances, land development |
2654 | regulations, and adopted local government comprehensive plan of |
2655 | the appointing local government and shall recommend specific |
2656 | initiatives to encourage or facilitate affordable housing while |
2657 | protecting the ability of the property to appreciate in value. |
2658 | Such recommendations may include the modification or repeal of |
2659 | existing policies, procedures, ordinances, regulations, or plan |
2660 | provisions; the creation of exceptions applicable to affordable |
2661 | housing; or the adoption of new policies, procedures, |
2662 | regulations, ordinances, or plan provisions. At a minimum, each |
2663 | advisory committee shall make recommendations on affordable |
2664 | housing incentives in the following areas: |
2665 | (a) The processing of approvals of development orders or |
2666 | permits, as defined in s. 163.3164(7) and (8), for affordable |
2667 | housing projects is expedited to a greater degree than other |
2668 | projects. |
2669 |
|
2670 | The advisory committee recommendations must also include other |
2671 | affordable housing incentives identified by the advisory |
2672 | committee. |
2673 | Section 31. Subsection (6) of section 1013.30, Florida |
2674 | Statutes, is amended to read: |
2675 | 1013.30 University campus master plans and campus |
2676 | development agreements.-- |
2677 | (6) Before a campus master plan is adopted, a copy of the |
2678 | draft master plan must be sent for review to the host and any |
2679 | affected local governments, the state land planning agency, the |
2680 | Department of Environmental Protection, the Department of |
2681 | Transportation, the Department of State, the Fish and Wildlife |
2682 | Conservation Commission, and the applicable water management |
2683 | district and regional planning council. These agencies must be |
2684 | given 90 days after receipt of the campus master plans in which |
2685 | to conduct their review and provide comments to the university |
2686 | board of trustees. The commencement of this review period must |
2687 | be advertised in newspapers of general circulation within the |
2688 | host local government and any affected local government to allow |
2689 | for public comment. Following receipt and consideration of all |
2690 | comments, and the holding of at least two public hearings within |
2691 | the host jurisdiction, the university board of trustees shall |
2692 | adopt the campus master plan. It is the intent of the |
2693 | Legislature that the university board of trustees comply with |
2694 | the notice requirements set forth in s. 163.3184(15) to ensure |
2695 | full public participation in this planning process. Campus |
2696 | master plans developed under this section are not rules and are |
2697 | not subject to chapter 120 except as otherwise provided in this |
2698 | section. |
2699 | Section 32. Paragraph (c) of subsection (4) and subsection |
2700 | (5) of section 1013.33, Florida Statutes, are amended to read: |
2701 | 1013.33 Coordination of planning with local governing |
2702 | bodies.-- |
2703 | (4) |
2704 | (c) If the state land planning agency enters a final order |
2705 | that finds that the interlocal agreement is inconsistent with |
2706 | the requirements of subsection (3) or this subsection, the state |
2707 | land planning agency shall forward it to the Administration |
2708 | Commission, which may impose sanctions against the local |
2709 | government pursuant to s. 163.3184(11) and may impose sanctions |
2710 | against the district school board by directing the Department of |
2711 | Education to withhold an equivalent amount of funds for school |
2712 | construction available pursuant to ss. 1013.65, 1013.68, |
2713 | 1013.70, and 1013.72. |
2714 | (5) If an executed interlocal agreement is not timely |
2715 | submitted to the state land planning agency for review, the |
2716 | state land planning agency shall, within 15 working days after |
2717 | the deadline for submittal, issue to the local government and |
2718 | the district school board a notice to show cause why sanctions |
2719 | should not be imposed for failure to submit an executed |
2720 | interlocal agreement by the deadline established by the agency. |
2721 | The agency shall forward the notice and the responses to the |
2722 | Administration Commission, which may enter a final order citing |
2723 | the failure to comply and imposing sanctions against the local |
2724 | government and district school board by directing the |
2725 | appropriate agencies to withhold at least 5 percent of state |
2726 | funds pursuant to s. 163.3184(11) and by directing the |
2727 | Department of Education to withhold from the district school |
2728 | board at least 5 percent of funds for school construction |
2729 | available pursuant to ss. 1013.65, 1013.68, 1013.70, and |
2730 | 1013.72. |
2731 | Section 33. Section 163.3189, Florida Statutes, is |
2732 | repealed. |
2733 | Section 34. This act shall take effect July 1, 2005. |