HB 1453

1
A bill to be entitled
2An act relating to the Local Government Comprehensive
3Planning and Land Development Regulation Act; amending s.
4125.66, F.S.; applying certain enactment procedures to
5ordinances adopting a comprehensive plan or plan
6amendment; revising such procedures; amending s. 163.3164,
7F.S.; revising definitions; amending s. 163.3167, F.S.;
8requiring certain municipalities to establish a local
9planning agency and prepare and adopt a comprehensive
10plan; providing for application of the county plan;
11revising requirements for a vision plan component;
12deleting a water supply sources requirement; amending s.
13163.3174, F.S.; specifying requirements of local planning
14agencies and governing bodies relating to adopting
15proposed plans and plan amendments; creating s. 163.3176,
16F.S.; providing legislative findings; specifying
17legislatively declared priority state interests; providing
18for challenges to plan amendments impacting priority state
19interests; providing requirements, procedures, and
20limitations; amending s. 163.3177, F.S.; revising required
21and optional comprehensive plan elements; authorizing
22local governments to elect to use a certain certified
23fiscal impact model to demonstrate plan financial
24feasibility; authorizing the state land planning agency to
25certify use of alternative methodologies for determining
26financial feasibility; authorizing local governments to
27adopt comprehensive plan enhancements; providing
28requirements; providing for adoption of transportation
29corridor management ordinances, long-range facility plans,
30local mitigation strategies, buildout plans, and rural
31land stewardship areas; providing requirements;
32authorizing local governments to adopt certified
33comprehensive plans; providing plan requirements; amending
34s. 163.31777, F.S.; providing additional requirements for
35interlocal agreement issues relating to additional school
36capacity; creating s. 163.31778, F.S.; specifying
37requirements for plan amendments impacting demand on
38public school capacities; requiring school capacity
39reports; providing report requirements; authorizing local
40governments to deny plan amendment requests impacting
41public school facilities demands under certain
42circumstances; providing for proportionate-share
43mitigation options in educational facilities plans;
44providing for development agreements for proportionate-
45share mitigation of impacts; providing requirements and
46limitations; providing legislative findings; amending s.
47163.3181, F.S.; revising legislative intent relating to
48public participation in the comprehensive planning
49process; amending s. 163.3184, F.S.; revising process
50requirements and procedures for adopting comprehensive
51plans or plan amendments; revising definitions; providing
52a coordination requirement between the state land planning
53agency and local governments; providing requirements and
54procedures for local government transmittal and adoption
55of proposed plans or plan amendments; providing
56requirements and procedures for intergovernmental,
57regional, county, municipal, and state land planning
58review; providing requirements and procedures for local
59government review of comments, adoption of a comprehensive
60plan or plan amendments, and transmittal; providing
61requirements and procedures for challenges to plan
62amendments; providing for effective dates of plan
63amendments; providing requirements and procedures for
64proposed plans or plan amendments based upon evaluation
65and appraisal reports; providing certain compliance notice
66requirements; providing requirements and procedures for
67challenges to such amendments; providing for
68administrative hearings; providing requirements and
69procedures for mediation and expeditious resolution of
70amendment proceedings; providing notice requirements;
71providing requirements for good faith filings; providing
72for award of expenses and attorney fees under certain
73circumstances; specifying exclusivity of certain
74proceedings; specifying application of plans or plan
75amendments to areas of critical state concern; amending s.
76163.3187, F.S.; revising provisions regulating frequency
77of amendments; providing procedures and limitations for
78small-scale development plan amendments; amending s.
79163.3191, F.S.; revising requirements and procedures for
80evaluating and appraising comprehensive plans and
81preparing and submitting evaluation and appraisal reports;
82providing for communitywide assessments; providing for
83evaluating major community planning issues and special
84planning issues; providing for scoping meetings for
85certain purposes; providing requirements and procedures
86for such meetings; revising time periods for providing
87certain reports to certain entities for review; revising
88review requirements; deleting a provision authorizing the
89Administration Commission to impose sanctions against
90local governments under certain circumstances; amending s.
91163.3245, F.S.; revising provisions relating to optional
92sector plans to delete demonstration project limitations;
93deleting a reporting requirement; amending s. 166.041,
94F.S.; revising procedures for municipalities adopting
95ordinances and resolutions to conform; amending ss. 70.51,
96163.3178, 163.3180, 163.3213, 163.3229, 163.3246, 163.516,
97186.515, 287.042, 288.975, 369.303, 380.06, 380.061,
98403.973, 420.9071, 420.9076, 1013.30, and 1013.33, F.S.;
99correcting cross references and revising provisions to
100conform; repealing s. 163.3189, F.S., relating to a
101process for amending an adopted comprehensive plan;
102providing an effective date.
103
104Be It Enacted by the Legislature of the State of Florida:
105
106     Section 1.  Subsection (4) of section 125.66, Florida
107Statutes, is amended to read:
108     125.66  Ordinances; enactment procedure; emergency
109ordinances; rezoning or change of land use ordinances or
110resolutions.--
111     (4)  Ordinances or resolutions, initiated by other than the
112county, that change the actual zoning map designation of a
113parcel or parcels of land shall be enacted pursuant to
114subsection (2). Ordinances or resolutions that change the actual
115list of permitted, conditional, or prohibited uses within a
116zoning category, or ordinances or resolutions initiated by the
117county that change the actual zoning map designation of a parcel
118or parcels of land, and ordinances which adopt a comprehensive
119plan or plan amendment, shall be enacted pursuant to the
120following procedure:
121     (a)  In cases in which the proposed ordinance or resolution
122changes the actual zoning map designation for a parcel or
123parcels of land involving less than 10 contiguous acres, or in
124which the proposed ordinance approves a small-scale
125comprehensive plan amendment, the board of county commissioners,
126in addition to following the general notice requirements of
127subsection (2), shall direct its clerk to notify by mail each
128real property owner whose land the governmental agency will
129redesignate by enactment of the ordinance or resolution and
130whose address is known by reference to the latest ad valorem tax
131records. The notice shall state the substance of the proposed
132ordinance or resolution as it affects that property owner and
133shall set a time and place for one or more public hearings on
134such ordinance or resolution. Such notice shall be given at
135least 30 days prior to the date set for the public hearing, and
136a copy of such notice shall be kept available for public
137inspection during the regular business hours of the office of
138the clerk of the board of county commissioners. The board of
139county commissioners shall hold a public hearing on the proposed
140ordinance or resolution and may, upon the conclusion of the
141hearing, immediately adopt the ordinance or resolution.
142     (b)  In cases in which the proposed ordinance or resolution
143changes the actual list of permitted, conditional, or prohibited
144uses within a zoning category, or changes the actual zoning map
145designation of a parcel or parcels of land involving 10
146contiguous acres or more, or adopts a comprehensive plan or plan
147amendment which is not small scale, the board of county
148commissioners shall provide for public notice and hearings as
149follows:
150     1.  The board of county commissioners shall hold two
151advertised public hearings on the proposed ordinance or
152resolution. At least one hearing shall be held after 5 p.m. on a
153weekday, unless the board of county commissioners, by a majority
154plus one vote, elects to conduct that hearing at another time of
155day. The first public hearing shall be held at least 7 days
156after the day that the first advertisement is published. The
157second hearing shall be held at least 10 days after the first
158hearing and shall be advertised at least 5 days prior to the
159public hearing.
160     2.  The required advertisements shall be no less than 2
161columns wide by 10 inches long in a standard size or a tabloid
162size newspaper, and the headline in the advertisement shall be
163in a type no smaller than 18 point. The advertisement shall not
164be placed in that portion of the newspaper where legal notices
165and classified advertisements appear. The advertisement shall be
166placed in a newspaper of general paid circulation in the county
167and of general interest and readership in the community pursuant
168to chapter 50, not one of limited subject matter. It is the
169legislative intent that, whenever possible, the advertisement
170shall appear in a newspaper that is published at least 5 days a
171week unless the only newspaper in the community is published
172less than 5 days a week. The advertisement shall be in
173substantially the following form:
174
175
NOTICE OF (TYPE OF) CHANGE
176
177     The   (name of local governmental unit)   proposes to adopt
178the following by ordinance or resolution:  (title of ordinance
179or resolution)  .
180     A public hearing on the ordinance or resolution will be
181held on   (date and time)   at   (meeting place)  .
182
183Except for amendments which change the actual list of permitted,
184conditional, or prohibited uses within a zoning category or
185amend the text of the comprehensive plan, the advertisement
186shall contain a geographic location map which clearly indicates
187the area within the local government covered by the proposed
188ordinance or resolution. The map shall include major street
189names as a means of identification of the general area.
190     3.  In lieu of publishing the advertisements set out in
191this paragraph, the board of county commissioners may mail a
192notice to each person owning real property within the area
193covered by the ordinance or resolution. Such notice shall
194clearly explain the proposed ordinance or resolution and shall
195notify the person of the time, place, and location of both
196public hearings on the proposed ordinance or resolution.
197     Section 2.  Subsection (1) of section 163.3164, Florida
198Statutes, is amended, subsections (2) through (31) of said
199section are renumbered as subsections (1) through (30),
200respectively, and subsections (31) and (32) are added to said
201section, to read:
202     163.3164  Local Government Comprehensive Planning and Land
203Development Regulation Act; definitions.--As used in this act:
204     (1)  "Administration Commission" means the Governor and the
205Cabinet, and for purposes of this chapter the commission shall
206act on a simple majority vote, except that for purposes of
207imposing the sanctions provided in s. 163.3184(11), affirmative
208action shall require the approval of the Governor and at least
209three other members of the commission.
210(31)  "Financial feasibility" means sufficient revenues are
211currently available or will be available from committed funding
212sources available for capital improvements financing, such as ad
213valorem taxes, bonds, state funds, federal funds, tax revenues,
214impact fees, and developer contributions, adequate to fund the
215projected costs of the capital improvements. The revenue sources
216must be included in the 5-year schedule of capital improvements
217and be available during the long-range planning period. The
218revenue sources must apply to capital improvements for which the
219local government has fiscal responsibility. If the local
220government uses planned revenue sources that require referenda
221or other actions to secure the revenue source, the plan must, in
222the event the referenda are not passed or actions are not taken
223which would secure the planned revenue source, identify other
224existing revenue sources that will be used to fund the capital
225projects or otherwise amend the plan to ensure financial
226feasibility.
227     (32)  "Infrastructure development encouragement areas"
228means areas where local governments have committed to encourage
229development through the provision of adequate supporting
230infrastructure consistent with the adopted comprehensive plan.
231     Section 3.  Subsections (2), (3), (11), and (13) of section
232163.3167, Florida Statutes, are amended, and subsection (14) of
233said section is renumbered as subsection (13), to read:
234     163.3167  Scope of act.--
235     (2)  Each local government shall prepare a comprehensive
236plan of the type and in the manner set out in this act or shall
237prepare amendments to its existing comprehensive plan to conform
238it to the requirements of this part in the manner set out in
239this part. A municipality established after July 1, 2005, shall,
240within one year after incorporation, establish a local planning
241agency, pursuant to s. 163.3174, and prepare and adopt a
242comprehensive plan of the type and in the manner set out in this
243act within 3 years after the date of such incorporation. The
244county comprehensive plan in effect on the date of such
245incorporation shall control until the municipality adopts a
246comprehensive plan in accord with the provisions of this act.
247Subsequent changes to the county comprehensive plan shall not
248apply to the municipality. However, the municipality may adopt
249amendments to the interim county comprehensive plan that apply
250to the municipality. Each local government, in accordance with
251the procedures in s. 163.3184, shall submit its complete
252proposed comprehensive plan or its complete comprehensive plan
253as proposed to be amended to the state land planning agency by
254the date specified in the rule adopted by the state land
255planning agency pursuant to this subsection. The state land
256planning agency shall, prior to October 1, 1987, adopt a
257schedule of local governments required to submit complete
258proposed comprehensive plans or comprehensive plans as proposed
259to be amended. Such schedule shall specify the exact date of
260submission for each local government, shall establish equal,
261staggered submission dates, and shall be consistent with the
262following time periods:
263     (a)  Beginning on July 1, 1988, and on or before July 1,
2641990, each county that is required to include a coastal
265management element in its comprehensive plan and each
266municipality in such a county; and
267     (b)  Beginning on July 1, 1989, and on or before July 1,
2681991, all other counties or municipalities.
269
270Nothing herein shall preclude the state land planning agency
271from permitting by rule a county together with each municipality
272in the county from submitting a proposed comprehensive plan
273earlier than the dates established in paragraphs (a) and (b).
274Any county or municipality that fails to meet the schedule set
275for submission of its proposed comprehensive plan by more than
27690 days shall be subject to the sanctions described in s.
277163.3184(11)(a) imposed by the Administration Commission.
278Notwithstanding the time periods established in this subsection,
279the state land planning agency may establish later deadlines for
280the submission of proposed comprehensive plans or comprehensive
281plans as proposed to be amended for a county or municipality
282which has all or a part of a designated area of critical state
283concern within its boundaries; however, such deadlines shall not
284be extended to a date later than July 1, 1991, or the time of
285de-designation, whichever is earlier.
286     (3)  When a local government has not prepared all of the
287required elements or has not amended its plan as required by
288subsection (2), the regional planning agency having
289responsibility for the area in which the local government lies
290shall prepare and adopt by rule, pursuant to chapter 120, the
291missing elements or adopt by rule amendments to the existing
292plan in accordance with this act by July 1, 1989, or within 1
293year after the dates specified or provided in subsection (2) and
294the state land planning agency review schedule, whichever is
295later. The regional planning agency shall provide at least 90
296days' written notice to any local government whose plan it is
297required by this subsection to prepare, prior to initiating the
298planning process. At least 90 days before the adoption by the
299regional planning agency of a comprehensive plan, or element or
300portion thereof, pursuant to this subsection, the regional
301planning agency shall transmit a copy of the proposed
302comprehensive plan, or element or portion thereof, to the local
303government and the state land planning agency for written
304comment. The state land planning agency shall review and comment
305on such plan, or element or portion thereof, in accordance with
306s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
307applicable to the regional planning agency as if it were a
308governing body. Existing comprehensive plans shall remain in
309effect until they are amended pursuant to subsection (2), this
310subsection, or s. 163.3187, or s. 163.3189.
311     (11)  Each local government is encouraged to articulate a
312vision of the future physical appearance and qualities of its
313community as a component of its local comprehensive plan. The
314vision component should address the priority issues of the
315community, be based upon community values, and reflect the
316community's shared concept for growth and development of the
317community, including visual representations depicting the
318desired land use patterns and character for the community during
319the long-range planning period. The vision may be developed
320communitywide or at the district or neighborhood level. The
321vision may include a map of the places, such as neighborhoods,
322districts, corridors, or sectors, that will be addressed or
323created by the community's comprehensive plan, together with the
324desired spatial, visual, and functional characteristics that are
325desired for the future of those places. The vision should be
326developed through a collaborative planning process with
327meaningful public participation and shall be adopted by the
328governing body of the jurisdiction. The collaborative planning
329process should ensure the broad-based involvement of stakeholder
330groups, including, but not limited to, community organizations,
331neighborhood associations, business, housing, and development
332interests, environmental organizations, property owners, and
333residents. With the assistance of the applicable regional
334planning council, neighboring communities, especially those
335sharing natural resources or physical or economic
336infrastructure, are encouraged to create regional collective
337visions for greater-than-local areas. Such regional collective
338visions shall apply in each city or county only to the extent
339that each local government chooses to make them applicable. The
340state land planning agency shall serve as a clearinghouse for
341creating a community vision of the future and may utilize the
342Growth Management Trust Fund, created by s. 186.911, to provide
343grants to help pay the costs of local visioning programs. When a
344local vision of the future has been created, a local government
345should review its comprehensive plan, land development
346regulations, and capital improvement program to ensure that
347these instruments will help to move the community toward its
348vision in a manner consistent with this act and with the state
349comprehensive plan. A local or regional vision must protect the
350priority state interests be consistent with the state vision,
351when adopted, and be internally consistent with the local or
352regional plan of which it is a component. A comprehensive plan
353or plan amendment may not be found not in compliance based
354solely on inconsistency with a locally adopted vision. The state
355land planning agency shall not adopt minimum criteria for
356evaluating or judging the form or content of a local or regional
357vision.
358     (13)  Each local government shall address in its
359comprehensive plan, as enumerated in this chapter, the water
360supply sources necessary to meet and achieve the existing and
361projected water use demand for the established planning period,
362considering the applicable plan developed pursuant to s.
363373.0361.
364     Section 4.  Paragraph (a) of subsection (4) of section
365163.3174, Florida Statutes, is amended to read:
366     163.3174  Local planning agency.--
367     (4)  The local planning agency shall have the general
368responsibility for the conduct of the comprehensive planning
369program. Specifically, the local planning agency shall:
370     (a)  Be the agency responsible for the preparation of the
371comprehensive plan or plan amendment and shall make
372recommendations to the governing body regarding the adoption or
373amendment of such plan. During the preparation of the plan or
374plan amendment and prior to any recommendation to the governing
375body, the local planning agency shall hold at least one public
376hearing, with public notice, on the proposed plan or plan
377amendment. The governing body in cooperation with the local
378planning agency may designate any agency, committee, department,
379or person to prepare the comprehensive plan or plan amendment,
380but final recommendation of the adoption of such plan or plan
381amendment to the governing body shall be the responsibility of
382the local planning agency. The local planning agency shall
383certify to the governing body and the governing body shall
384affirm in the adoption ordinance that a proposed plan or plan
385amendment is supported by relevant and appropriate data and
386analysis and that the plan amendment is compatible with and
387furthers applicable priority state interests and the local
388government's comprehensive plan.
389     Section 5.  Section 163.3176, Florida Statutes, is created
390to read:
391     163.3176  Priority state interests; state or regional
392review of comprehensive plans and plan amendments.--
393     (1)  The Legislature finds that certain public facilities,
394natural resources, and critical issues are essential to the
395state's economic development, natural heritage, and quality of
396life and that local governments should protect those priority
397state interests in local land use decisions. To this end, the
398Legislature directs the state land planning agency to work with
399local governments to ensure that statutorily defined priority
400state interests are appropriately protected. Where priority
401state interests may be impacted by the land use decisions of
402local governments, the Legislature specifically authorizes the
403state land planning agency to protect and further those
404interests as authorized in this chapter.
405     (2)  As further defined in subsection (3), the Legislature
406hereby declares that the following are priority state interests:
407     (a)  Adequate functioning of Strategic Intermodal System
408facilities.
409     (b)  Adequate capacity and siting of public educational
410facilities.
411     (c)  Protection of significant conservation and recreation
412lands.
413     (d)  Protection of the viability of listed plant and animal
414species, 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
418challenge plan amendments pursuant to s. 163.3184(8) that impact
419priority state interests. Impact on any priority state interest
420shall be the sole basis for petition by the state land planning
421agency of plan amendments, except comprehensive plans for new
422municipalities, evaluation and appraisal report based plan
423amendments, and plan amendments applicable to a designated area
424of critical state concern. The state land planning agency may
425file a petition challenging a plan amendment as impacting
426priority state interests to:
427     (a)  Ensure adequate capacity of Strategic Intermodal
428System roads at acceptable levels of service established by the
429Department of Transportation or the agency with responsibility
430for operating the individual facilities.
431     (b)  Ensure the protection of the adequate functioning of
432Strategic Intermodal System airports, ports, railroads, freight
433and passenger terminals, and navigation waterways.
434     (c)  Ensure that land uses, densities, and intensities do
435not impair the functioning of existing or planned Strategic
436Intermodal System facilities. Adopted local government
437comprehensive plan amendments whose geographical boundaries are
438within or abut the Strategic Intermodal System area of influence
439or have a significant impact on the Strategic Intermodal System
440may be petitioned on the basis of protecting the Strategic
441Intermodal System. The areas of influence shall encompass one-
442half mile from the right-of-way boundary of a Strategic
443Intermodal System corridor or connector in urban areas, and one
444mile from the right-of-way boundary of a corridor or connector
445within rural areas. Areas of influence surrounding Strategic
446Intermodal System facilities shall be one mile from the
447jurisdictional boundaries of the hub or consistent with the
448delineated impact areas as defined in the hub master plan,
449whichever is less.
450     (d)  Ensure adequate public school capacity consistent with
451the requirements of s. 163.31778 for the public school demand
452created by increased residential land use density and intensity.
453     (e)  Ensure the availability of adequate sites for new
454public schools and public school expansions.
455     (f)  Ensure that land uses, densities, and intensities are
456compatible with the protection of state, water management
457district, and federal conservation and recreation lands, whether
458such lands are held in fee simple or less-than-fee simple
459interests.
460     (g)  Ensure that land uses, densities, and intensities are
461compatible with protection of the following significant habitat
462areas: strategic habitat conservation areas, areas with a rating
463value of 7 or more for habitat quality based on the Integrated
464Wildlife Habitat Ranking System, and priority wetlands use areas
465for four or more listed species as identified by Florida Fish
466and Wildlife Conservation Commission, and natural communities
467classified as imperiled or critically imperiled by the Florida
468Natural Areas Inventory.
469     (h)  Ensure that land uses, densities, and intensities are
470coordinated and consistent with the availability of adequate and
471sustainable water supplies, as determined by the applicable
472water management district, necessary to meet current and
473projected demand.
474     (i)  Ensure that land uses, densities, and intensities are
475compatible with the protection of public water supplies, such as
476Class I waterbodies, wellfields, and reservoirs.
477     (j)  Ensure that land uses, densities, and intensities are
478compatible with the protection of water quality of first-
479magnitude springs.
480     (k)  Ensure that land uses, densities, and intensities and
481other land development activities are compatible with the
482protection of significant wetland areas within 100-year flood
483zones, as depicted on the flood insurance rate maps published by
484the Federal Emergency Management Agency.
485     (4)  The state land planning agency petition of plan
486amendments shall be limited to issues that impact priority state
487interests consistent with this part. In its review, the state
488land planning agency shall ensure that plan amendments are
489compatible with, further, and adequately protect such interests.
490However, in its petition of plan amendments, the state land
491planning agency shall not require a local government to
492duplicate or exceed the specific regulatory standards
493established in federal, state, or regional permitting programs.
494Although the state land planning agency petition is limited to
495priority state interests, local government comprehensive plans
496and plan amendments shall meet the minimum requirements for
497compliance 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)
500of subsection (11) of section 163.3177, Florida Statutes, are
501amended, and subsections (13), (14), and (15) are added to said
502section, to read:
503     163.3177  Required and optional elements of comprehensive
504plan; studies and surveys.--
505     (2)  Coordination of the several elements of the local
506comprehensive plan shall be a major objective of the planning
507process. The several elements of the comprehensive plan shall be
508consistent, and the comprehensive plan shall be financially
509economically feasible. Financial feasibility shall be determined
510using professionally accepted methodologies certified in writing
511by the state land planning agency. The requirement that a local
512government demonstrate the financial feasibility of its
513comprehensive plan shall not relieve a community from its
514obligation to plan for and facilitate the creation of a housing
515stock that is affordable to its citizens of all economic levels,
516including those of very low income, low income, and moderate
517income.
518     (3)
519     (b)  The capital improvements element shall be reviewed on
520an annual basis and modified as necessary in accordance with s.
521163.3187 to maintain a financially feasible 5-year schedule of
522capital improvements necessary to ensure that level of service
523standards are achieved and maintained or s. 163.3189, except
524that corrections, updates, and modifications concerning costs;
525revenue sources; acceptance of facilities pursuant to
526dedications which are consistent with the plan; or the date of
527construction of any facility enumerated in the capital
528improvements element may be accomplished by ordinance and shall
529not be deemed to be amendments to the local comprehensive plan.
530All public facilities shall be consistent with the capital
531improvements element.
532     (6)  In addition to the requirements of subsections (1)-
533(5), the comprehensive plan shall include the following
534elements:
535     (a)  A future land use plan element designating proposed
536future general distribution, location, and extent of the uses of
537land for residential uses, commercial uses, industry,
538agriculture, recreation, conservation, education, public
539buildings and grounds, other public facilities, and other
540categories of the public and private uses of land. The proposed
541distribution, location, and extent of the various categories of
542land use shall be shown on a land use map or map series which
543shall be supplemented by goals, policies, and measurable
544objectives. Counties are encouraged to designate rural land
545stewardship 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
548of uses included, and must include standards to be followed in
549the control and distribution of population densities and
550building and structure intensities.
551     2.  The proposed distribution, location, and extent of the
552various categories of land use shall be shown on a land use map
553or map series which shall be supplemented by goals, policies,
554and measurable objectives. The future land use plan shall be
555based upon surveys, studies, and data regarding the area,
556including the amount of land required to accommodate anticipated
557growth; the projected population of the area; the character of
558undeveloped land; the availability of public services; the need
559for redevelopment, including the renewal of blighted areas and
560the elimination of nonconforming uses which are inconsistent
561with the character of the community; the compatibility of uses
562on lands adjacent to or closely proximate to military
563installations; and, in rural communities, the need for job
564creation, capital investment, and economic development that will
565strengthen and diversify the community's economy.
566     3.  The future land use plan may designate areas for future
567planned development use involving combinations of types of uses
568for which special regulations may be necessary to ensure
569development in accord with the principles and standards of the
570comprehensive plan and this act.
571     4.  The future land use plan element shall include criteria
572to be used to achieve the compatibility of adjacent or closely
573proximate lands with military installations. Local governments
574are encouraged to participate with a military installation in
575the development of joint land use studies and provide that land
576use and development be regulated in accordance with the
577recommendations contained in the applicable joint land use
578study. Each local government required to update or amend its
579comprehensive plan to include criteria and address compatibility
580of adjacent or closely proximate lands with existing military
581installations in its future land use plan element shall transmit
582the update or amendment to the state land planning agency by
583June 30, 2006.
584     5.  In addition, For rural communities, the amount of land
585designated for future planned industrial use shall be based upon
586surveys and studies that reflect the need for job creation,
587capital investment, and the necessity to strengthen and
588diversify the local economies, and shall not be limited solely
589by the projected population of the rural community.
590     6.  The future land use plan of a county may also designate
591areas for possible future municipal incorporation.
592     7.  The land use maps or map series shall generally
593identify and depict historic district boundaries and shall
594designate historically significant properties meriting
595protection. The future land use element must clearly identify
596the land use categories in which public schools are an allowable
597use. When delineating the land use categories in which public
598schools are an allowable use, a local government shall include
599in the categories sufficient land proximate to residential
600development to meet the projected needs for schools in
601coordination with public school boards and may establish
602differing criteria for schools of different type or size. When
603reviewing comprehensive plan amendments, the future land use
604element must take into consideration the impact of any
605amendments that are likely to result in an increase in the
606demand for public school facilities. A local government shall
607ensure adequate school capacity and, in coordination with the
608applicable school board, provide appropriate measures to
609accommodate the impact consistent with the requirements of s.
610163.31778. Each local government shall include lands contiguous
611to existing school sites, to the maximum extent possible, within
612the land use categories in which public schools are an allowable
613use. All comprehensive plans must comply with the school siting
614requirements of this paragraph no later than October 1, 1999.
615The failure by a local government to comply with these school
616siting requirements by October 1, 1999, will result in the
617prohibition of the local government's ability to amend the local
618comprehensive plan, except for plan amendments described in s.
619163.3187(1)(b), until the school siting requirements are met.
620Amendments proposed by a local government for purposes of
621identifying the land use categories in which public schools are
622an allowable use or for adopting or amending the school-siting
623maps pursuant to s. 163.31776(3) are exempt from the limitation
624on the frequency of plan amendments contained in s. 163.3187.
625The future land use element shall include criteria that
626encourage the location of schools proximate to urban residential
627areas to the extent possible and shall require that the local
628government seek to collocate public facilities, such as parks,
629libraries, and community centers, with schools to the extent
630possible and to encourage the use of elementary schools as focal
631points for neighborhoods. For schools serving predominantly
632rural counties, defined as a county with a population of 100,000
633or fewer, an agricultural land use category shall be eligible
634for the location of public school facilities if the local
635comprehensive plan contains school siting criteria and the
636location is consistent with such criteria. Local governments
637required to update or amend their comprehensive plan to include
638criteria and address compatibility of adjacent or closely
639proximate lands with existing military installations in their
640future land use plan element shall transmit the update or
641amendment to the department by June 30, 2006.
642     (c)  A general sanitary sewer, solid waste, drainage,
643potable water, and natural groundwater aquifer recharge element
644correlated to principles and guidelines for future land use,
645indicating ways to provide for future potable water, drainage,
646sanitary sewer, solid waste, and aquifer recharge protection
647requirements for the area. The element may be a detailed
648engineering plan including a topographic map depicting areas of
649prime groundwater recharge. The element shall describe the
650problems and needs and the general facilities that will be
651required for solution of the problems and needs. The element
652shall also include a topographic map depicting any areas adopted
653by a regional water management district as prime groundwater
654recharge areas for the Floridan or Biscayne aquifers, pursuant
655to s. 373.0395. These areas shall be given special consideration
656when the local government is engaged in zoning or considering
657future land use for said designated areas. For areas served by
658septic tanks, soil surveys shall be provided which indicate the
659suitability of soils for septic tanks.
660     1.  By December 1, 2006, the element must consider the
661appropriate water management district's regional water supply
662plan approved pursuant to s. 373.0361. The element must include
663a work plan, covering the comprehensive plan's established at
664least a 10-year planning period, for building water supply
665facilities that are identified in the element as necessary to
666serve existing and new development and for which the local
667government is responsible. The work plan shall be updated, at a
668minimum, every 5 years within 12 months after the governing
669board of a water management district approves an updated
670regional water supply plan. Amendments to incorporate the work
671plan do not count toward the limitation on the frequency of
672adoption of amendments to the comprehensive plan. Each local
673government shall address in its comprehensive plan, as
674enumerated in this chapter, the water supply sources necessary
675to meet and achieve the existing and projected water use demand
676for the established planning period, considering the applicable
677plan developed pursuant to s. 373.0361.
678     (11)
679     (b)  It is the intent of the Legislature that the local
680government comprehensive plans and plan amendments adopted
681pursuant to the provisions of this part provide for a planning
682process which encourages and promotes allows for land use
683efficiencies within existing urban areas and which also allows
684for the conversion of rural lands to other uses, where
685appropriate and consistent with the other provisions of this
686part and the affected local comprehensive plans, through the
687application of innovative and flexible planning and development
688strategies and creative land use planning techniques, which may
689include, but not be limited to, enhanced comprehensive plan
690options under subsections (13) and (14), urban villages, new
691towns, satellite communities, area-based allocations, clustering
692and open space provisions, mixed-use development, and sector
693planning.
694     (13)  A local government may elect to use a fiscal impact
695analysis model that has been certified by the state land
696planning agency as an accepted methodology for demonstrating
697financial feasibility of the comprehensive plan when updating
698the annual schedule of capital improvements and at the time of
699the evaluation and appraisal report and associated amendments.
700The state land planning agency may also certify the use of
701alternative methodologies for determining financial feasibility.
702     (14)  A local government may adopt the following
703enhancements to the comprehensive plan. Single or multiple
704enhancements may be adopted and shall meet the following
705criteria:
706     (a)1.  Infrastructure development encouragement areas.--A
707local government may identify in its comprehensive plan areas of
708its community where it wants to encourage appropriate
709development and redevelopment. Infrastructure development
710encouragement areas would consist of one or more specific
711geographic areas of the community that are most appropriate for
712future development or redevelopment and where the local
713government will encourage the provision of infrastructure. The
714purpose of identifying such areas is to promote an orderly
715expansion of growth and the efficient use of land and public
716services and to discourage the proliferation of urban sprawl.
717Once established, such area shall be periodically evaluated
718through the regular evaluation and appraisal report process to
719determine if it should remain as an infrastructure development
720encouragement area. In order to qualify as an infrastructure
721development encouragement area, the geographic area shall meet
722the following criteria:
723     a.  The area must promote compact urban development.
724     b.  The area must contain existing or committed adequate
725infrastructure consistent with the adopted plan, such as potable
726water, sanitary sewer, roads, and schools, to support
727appropriate development or redevelopment.
728     c.  The area must promote the financial feasibility of the
729local government comprehensive plan.
730     d.  Designation of the area must consider impacts on
731priority state interests.
732     2.  The comprehensive plan must take the appropriate steps
733to promote and encourage development in the infrastructure
734development encouragement areas, including the use of broad-
735based sources of funding for infrastructure. Local governments
736shall adopt appropriate measures to ensure the success of this
737effort. These may include, but are not limited to:
738     a.  A fast-track permitting system for local government
739permits.
740     b.  Evaluation of existing development standards to
741consider a performance-based rather than a prescriptive approach
742to development standards.
743     c.  Exemption from transportation concurrency requirements
744consistent 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
749infrastructure development encouragement area shall not be
750appealed by the state land planning agency or other parties
751based on a failure to promote orderly growth and efficient use
752of land and public facilities and a failure to discourage urban
753sprawl. Infrastructure development encouragement areas
754corresponding to a maximum 20-year supply of land may be
755delineated in local government comprehensive plans. Additional
756vacant land beyond that which is needed for a 20-year supply may
757be included based on the pattern of existing and vested
758development, in order to create a reasonably compact and
759contiguous urban area and promote the efficient use of public
760facilities. Infrastructure development encouragement areas may
761include areas designated in the comprehensive plan where growth
762should be guided into rural villages or rural growth centers,
763areas of employment or industrial use, existing communities, and
764municipal boundaries corresponding to a 20-year supply of land,
765and where the criteria outlined in this paragraph are met.
766     (b)  Transportation corridor management ordinance.--Local
767governments are encouraged to adopt transportation corridor
768management ordinances pursuant to s. 337.273(6) for designated
769transportation corridors and Strategic Intermodal System
770facilities located within or abutting a Strategic Intermodal
771System's area of influence. Plan amendments consistent with a
772corridor management plan approved by the state land planning
773agency in consultation with the Department of Transportation and
774included within an adopted transportation corridor management
775ordinance shall not be subject to petition by the state land
776planning agency based on impact on the relevant Strategic
777Intermodal System facility.
778     (c)  Long-range facility plans.--Local governments are
779encouraged to adopt comprehensive plans that address long-range
780facility plans for public facilities and services for a 20-year
781planning period or that time period necessary to coincide with
782the applicable metropolitan planning organization's cost-
783feasible portion of the long-range transportation plan or, for
784nonmetropolitan planning organization areas, the applicable
785Department of Transportation cost-feasible portion of the long-
786range transportation plan, whichever time period is longer. To
787ensure the financial feasibility of the comprehensive plan, on
788an annual basis local governments shall review and modify as
789necessary the long-range facility plan for capital improvements,
790including a listing of facilities, anticipated costs, and
791anticipated revenues necessary to ensure that level-of-service
792standards will be achieved and maintained for the established
793planning timeframe of the comprehensive plan.
794     (d)  Local mitigation strategies.--Local governments are
795encouraged to adopt into the future land use element of the
796comprehensive plan the relevant components of the local
797government's local mitigation strategy, postdisaster
798redevelopment plan, and comprehensive emergency management plan
799provisions related to land use, provision or improvement of
800public facilities, site development standards, and redevelopment
801or postdisaster redevelopment. Within areas with a significant
802risk of wildfire susceptibility, the element must address
803measures for the mitigation of the risks of wildfire damage.
804     (e)  Buildout plans.--Local governments are encouraged to
805adopt conceptual buildout plans that reflect the community's
806vision for a sustainable future that ensures economic prosperity
807and social well-being and conserves natural systems and
808resources for future generations consistent with priority state
809interests. The conceptual buildout plans may look beyond the
810planning time period of the future land use map and include the
811following components:
812     1.  The buildout plan shall include a vision meeting the
813criteria in s. 163.3167(11).
814     2.  The buildout plan shall identify anticipated areas for
815urban, agricultural, rural, and conservation land uses,
816including visual representations depicting desired land use
817patterns and character for the community at buildout for a
818sustainable future consistent with the protection of priority
819state interests.
820     3.  The buildout plan shall depict the major infrastructure
821needed to support the anticipated land uses.
822     4.  The buildout plan shall support the major
823infrastructure with a demonstration of financial feasibility
824over the long term.
825     5.  The conceptual buildout plan does not establish
826development rights. Subsequent, more specific approvals are
827required to realize the development depicted on the map.
828     (f)  Rural land stewardship area.--Local governments are
829encouraged to adopt rural land stewardship areas pursuant to s.
830subsection (11).
831     (15)  A local government may adopt a certified
832comprehensive plan. Such plan shall address the requirements of
833subsections (13) and (14) and shall specifically address and
834include measures to adequately protect priority state interests.
835Local government plan amendments shall not be subject to state
836review or petition except for plan amendments based upon an
837evaluation and appraisal report. The state land planning agency
838may revoke the certification if the agency determines the local
839government has not complied with this part.
840     Section 7.  Paragraph (e) of subsection (2), paragraph (c)
841of subsection (3), and subsection (4) of section 163.31777,
842Florida Statutes, are amended to read:
843     163.31777  Public schools interlocal agreement.--
844     (2)  At a minimum, the interlocal agreement must address
845the following issues:
846     (e)  A process for the school board to inform the local
847government regarding school capacity. The capacity reporting
848must be consistent with laws and rules relating to measurement
849of school facility capacity and must also identify how the
850district school board will meet the public school demand based
851on the facilities work program adopted pursuant to s. 1013.35.
852For those plan amendments that create additional school capacity
853demand because of increased densities or intensities, the school
854board shall submit, at a minimum, capacity reporting information
855to the local government that identifies the affected schools and
856service areas, the impact to the utilization rates of those
857schools, and the appropriate measures available to provide
858sufficient capacity. The interlocal agreement must also set
859forth the process and uniform methodology for determining
860proportionate-share mitigation pursuant to s. 163.31778.
861
862A signatory to the interlocal agreement may elect not to include
863a provision meeting the requirements of paragraph (e); however,
864such a decision may be made only after a public hearing on such
865election, which may include the public hearing in which a
866district school board or a local government adopts the
867interlocal agreement. An interlocal agreement entered into
868pursuant to this section must be consistent with the adopted
869comprehensive plan and land development regulations of any local
870government that is a signatory.
871     (3)
872     (c)  If the state land planning agency enters a final order
873that finds that the interlocal agreement is inconsistent with
874the requirements of subsection (2) or this subsection, it shall
875forward it to the Administration Commission, which may impose
876sanctions against the local government pursuant to s.
877163.3184(11) and may impose sanctions against the district
878school board by directing the Department of Education to
879withhold from the district school board an equivalent amount of
880funds for school construction available pursuant to ss. 1013.65,
8811013.68, 1013.70, and 1013.72.
882     (4)  If an executed interlocal agreement is not timely
883submitted to the state land planning agency for review, the
884state land planning agency shall, within 15 working days after
885the deadline for submittal, issue to the local government and
886the district school board a Notice to Show Cause why sanctions
887should not be imposed for failure to submit an executed
888interlocal agreement by the deadline established by the agency.
889The agency shall forward the notice and the responses to the
890Administration Commission, which may enter a final order citing
891the failure to comply and imposing sanctions against the local
892government and district school board by directing the
893appropriate agencies to withhold at least 5 percent of state
894funds pursuant to s. 163.3184(11) and by directing the
895Department of Education to withhold from the district school
896board at least 5 percent of funds for school construction
897available pursuant to ss. 1013.65, 1013.68, 1013.70, and
8981013.72.
899     Section 8.  Section 163.31778, Florida Statutes, is created
900to read:
901     163.31778  Public school capacity for plan amendments.--
902     (1)  Each local government shall consider public school
903facilities when reviewing proposed comprehensive plan amendments
904that increase residential densities and that are reasonably
905expected to have an impact on the demand for public school
906facilities.
907     (2)  For each proposed comprehensive plan amendment that
908increases residential densities and is reasonably expected to
909have an impact on the demand for public school facilities, the
910school board shall provide the local government with a school-
911capacity report based on the district educational facilities
912plan adopted by the school board pursuant to s. 1013.35. The
913school capacity report must provide data and analysis on the
914capacity and enrollment of affected schools based on standards
915established by state or federal law or judicial orders,
916projected additional enrollment attributable to the density
917increase resulting from the amendment, programmed and
918financially feasible new public school facilities or
919improvements for affected schools identified in the educational
920facilities plan of the school board and the expected date of
921availability of such facilities or improvements, and available
922reasonable options for providing public school facilities to
923students if the comprehensive plan amendment is approved. The
924options that must be considered include, but need not be limited
925to, the school board's evaluation of school schedule
926modification, school attendance zones modification, school
927facility modification, and the creation of charter schools. The
928report must be consistent with this section, any adopted
929interlocal agreement, and the public educational facilities
930element.
931     (3)  A local government shall deny a request for a
932comprehensive plan amendment which would increase the density of
933residential development allowed on the property subject to the
934amendment and is reasonably expected to have an increased impact
935on the demand for public school facilities, if the school
936facility capacity will not be reasonably available at the time
937of projected school impacts as determined by the methodology
938established in the public educational facilities element.
939However, the application for a comprehensive plan amendment may
940be approved if the applicant executes a legally binding
941commitment to provide mitigation proportionate to the demand for
942public school facilities to be created by actual development of
943the property, including, but not limited to, the options
944described in subsection (4).
945     (4)(a)  Options for proportionate-share mitigation of
946public school facility impacts from actual development of
947property subject to a plan amendment that increases residential
948density shall be established in the educational facilities plan
949and the public educational facilities element. Appropriate
950mitigation options include the contribution of land; the
951construction, expansion, or payment for land acquisition or
952construction of a public school facility; or the creation of
953mitigation banking based on the construction of a public school
954facility in exchange for the right to sell capacity credits.
955Such options must include execution by the applicant and the
956local government of a binding development agreement pursuant to
957ss. 163.3220-163.3243 which constitutes a legally binding
958commitment to pay proportionate-share mitigation for the
959additional residential units approved by the local government in
960a development order and actually developed on the property,
961taking into account residential density allowed on the property
962prior to the plan amendment that increased overall residential
963density. The district school board may be a party to such an
964agreement. As a condition of its entry into such a development
965agreement, a local government may require the landowner to agree
966to continuing renewal of the agreement upon its expiration.
967     (b)  If the educational facilities plan and the public
968educational facilities element authorize a contribution of land;
969the construction, expansion, or payment for land acquisition; or
970the construction or expansion of a public school facility, or a
971portion thereof, as proportionate-share mitigation, the local
972government shall credit such a contribution, construction,
973expansion, or payment toward any other impact fee or exaction
974imposed by local ordinance for the same need, on a dollar-for-
975dollar basis at fair market value.
976     (c)  Any proportionate-share mitigation must be directed by
977the school board toward a school capacity improvement that is
978identified in the financially feasible 5-year district work plan
979and that must be provided in accordance with a binding
980development agreement.
981     (5)  The Legislature finds that, under limited
982circumstances dealing with educational facilities,
983countervailing planning and public policy goals may conflict
984with the requirements of subsections (3) and (4) and often the
985unintended results directly conflict with the goals and policies
986of the state comprehensive plan and the intent of this part.
987Therefore, a local government may grant an exception from the
988requirements of subsections (3) and (4) if the proposed
989development is otherwise consistent with the adopted local
990government comprehensive plan and is a project located within an
991area 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
997s. 163.3177(14).
998     (6)  This section does not prohibit a local government from
999using its home rule powers to deny a comprehensive plan
1000amendment.
1001     Section 9.  Subsection (1) of section 163.3181, Florida
1002Statutes, is amended to read:
1003     163.3181  Public participation in the comprehensive
1004planning process; intent; alternative dispute resolution.--
1005     (1)  It is the intent of the Legislature that the public
1006participate in the comprehensive planning process to the fullest
1007extent possible. Towards this end, local planning agencies and
1008local governmental units are directed to adopt procedures
1009designed to provide effective public participation in the
1010comprehensive planning process and to provide real property
1011owners with notice of all official actions which will regulate
1012the use of their property. Local governments are encouraged to
1013obtain public comment through visioning and neighborhood
1014meetings that are conducted prior to formal consideration of an
1015amendment to the future land use map. The provisions and
1016procedures required in this act are set out as the minimum
1017requirements towards this end.
1018     Section 10.  Section 163.3184, Florida Statutes, is amended
1019to 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
1023plan amendment.--
1024     (1)  DEFINITIONS.--As used in this section, the term:
1025     (a)  "Affected person" includes the affected local
1026government; any person owning property, residing, or owning or
1027operating a business within the boundaries of the local
1028government whose plan is the subject of the review; a military
1029base installation affected by proposed comprehensive plan
1030amendments; an owner of real property abutting real property
1031that is the subject of a proposed change to a future land use
1032map; and adjoining local governments that can demonstrate that
1033the plan or plan amendment will produce substantial impacts on
1034the increased need for publicly funded infrastructure or
1035substantial impacts on areas designated for protection or
1036special treatment within their jurisdiction. Each person, other
1037than an adjoining local government, in order to qualify under
1038this definition, shall also have submitted oral or written
1039comments, recommendations, or objections to the local government
1040during the period of time beginning with the transmittal hearing
1041for the plan or plan amendment and ending with the adoption of
1042the plan or plan amendment.
1043     (b)  "In compliance" means being consistent with the
1044requirements of ss. 163.3177 and 163.31776 when a local
1045government adopts an educational facilities element; ss.
1046163.3178, 163.3180, 163.3191, and 163.3245; s. 163.3176 relating
1047to priority state interests; the appropriate strategic regional
1048policy plan; chapter 9J-5, Florida Administrative Code, when
1049such rule is not inconsistent with this part; the principles for
1050guiding development in designated areas of critical state
1051concern; and part III of chapter 369, where applicable.
1052     (2)  COORDINATION.--Each comprehensive plan or plan
1053amendment proposed to be adopted pursuant to this part shall be
1054transmitted, adopted, and reviewed in the manner prescribed in
1055this section. The state land planning agency shall have
1056responsibility for plan review, coordination, and preparation
1057and transmission of comments, pursuant to this section, to the
1058local governing body responsible for the comprehensive plan.
1059     (3)  LOCAL GOVERNMENT TRANSMITTAL AND ADOPTION OF PROPOSED
1060PLAN OR AMENDMENT.--
1061     (a)  The transmittal and adoption of a complete proposed
1062comprehensive plan or plan amendment shall be by affirmative
1063vote of not less than a majority of the members of the governing
1064body present at the hearing. The adoption of a comprehensive
1065plan or plan amendment shall be by ordinance. For the purposes
1066of transmitting or adopting a comprehensive plan or plan
1067amendment, the notice requirements in chapters 125 and 166 are
1068superseded by this subsection, except as provided in this part.
1069     (b)  The local governing body shall hold at least two
1070advertised public hearings on the proposed comprehensive plan
1071amendments as follows:
1072     1.  The first public hearing shall be held on a weekday at
1073least 7 days after the day that the first advertisement is
1074published and no more than 90 days before the adoption public
1075hearing. Plan amendments must be received by the governmental
1076review agencies identified in paragraph (e) at least 60 days
1077before the adoption public hearing as specified in the state
1078land planning agency's procedural rules.
1079     2.  The second public hearing shall be held on a weekday at
1080least 5 days after the day that the second advertisement is
1081published.
1082     (c)  For evaluation and appraisal-based amendments and new
1083comprehensive plans, the local governing body shall hold at
1084least two advertised public hearings on the proposed
1085comprehensive plan or evaluation and appraisal report-based plan
1086amendment as follows:
1087     1.  The first public hearing shall be on a weekday at least
10887 days after the day that the first advertisement is published.
1089Plan amendments based upon an evaluation and appraisal report
1090and new comprehensive plans shall be submitted to the
1091governmental review agencies identified in paragraph (e) within
109210 days after the first public hearing as specified in the state
1093land planning agency's procedural rules.
1094     2.  The second public hearing shall be held at the adoption
1095stage on a weekday at least 5 days after the day that the second
1096advertisement is published.
1097     (d)  The required advertisements shall be in the format
1098prescribed by s. 125.66(4)(b)2. for a county or by s.
1099166.041(3)(c)2.b. for a municipality.
1100     (e)  Each local governing body shall transmit the complete
1101proposed comprehensive plan or plan amendment and supporting
1102data and analysis to:
1103     1.  The state land planning agency, the appropriate
1104regional planning council and water management district, the
1105Department of Environmental Protection, the Department of State,
1106and the Department of Transportation.
1107     2.  The Office of Educational Facilities of the
1108Commissioner of Education if the amendment includes or relates
1109to the public facilities element pursuant to s. 163.31776.
1110     3.  In the case of municipal plans, to the appropriate
1111county.
1112     4.  In the case of county plans, to the Fish and Wildlife
1113Conservation Commission and the Department of Agriculture and
1114Consumer Services as specified in the state land planning
1115agency's procedural rules.
1116
1117In cases in which the plan amendment is a result of an
1118evaluation and appraisal report adopted pursuant to s. 163.3191,
1119the local governing body shall include a copy of the evaluation
1120and appraisal report. The local governing body shall also
1121transmit a copy of the complete proposed comprehensive plan or
1122plan amendment to any other unit of local government or
1123government agency in the state that has filed a written request
1124with the governing body for the plan or plan amendment. Local
1125governing bodies shall consolidate all proposed plan amendments
1126into a single submission for each of the two plan amendment
1127adoption dates during the calendar year pursuant to s. 163.3187.
1128     (4)  INTERGOVERNMENTAL REVIEW.--For new comprehensive
1129plans, plan amendments based upon an evaluation and appraisal
1130report, and plan amendments where applicable to an area of
1131critical state concern or applicable to part III, chapter 369,
1132the governmental review agencies specified in paragraph (3)(e)
1133shall provide comments to the state land planning agency within
113430 days after receipt by the state land planning agency of the
1135complete proposed plan or plan amendment. The appropriate
1136regional planning council shall also provide its written
1137comments to the state land planning agency within 30 days after
1138receipt by the state land planning agency of the complete
1139proposed plan or plan amendment and shall include comments of
1140any other regional agencies to which the regional planning
1141council may have referred the proposed plan amendment. For all
1142other plan amendments, the governmental review agencies may
1143provide written comments to the state land planning agencies.
1144For plan amendments, written comments submitted by the public
1145within 30 days after receipt by the state land planning agency
1146shall be considered as if submitted by governmental agencies.
1147     (5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.--The review by
1148the regional planning council pursuant to subsection (4) shall
1149be limited to effects on regional resources or facilities
1150identified in the strategic regional policy plan and extra-
1151jurisdictional impacts which would be inconsistent with the
1152comprehensive plan of the affected local government. However,
1153any inconsistency between a local plan or plan amendment and a
1154strategic regional policy plan must not be the sole basis for a
1155notice of intent to find a local plan or plan amendment not in
1156compliance with this section. A regional planning council shall
1157not review and comment on a proposed comprehensive plan prepared
1158by the council unless the plan has been changed by the local
1159government subsequent to the preparation of the plan by the
1160regional planning council. The review of the county land
1161planning agency pursuant to subsection (4) shall be primarily in
1162the context of the relationship and effect of the proposed plan
1163amendment on any county comprehensive plan element. Any review
1164by a municipality shall be primarily in the context of the
1165relationship and effect on the municipal plan.
1166     (6)  STATE LAND PLANNING AGENCY REVIEW.--
1167     (a)  The state land planning agency shall establish by rule
1168a schedule for receipt of comments from the various government
1169agencies, as well as written public comments, pursuant to
1170subsection (4).
1171     (b)  Within 45 days after receipt of plan amendments, the
1172state land planning agency may provide comments on the proposed
1173plan amendment.
1174     (c)  Within 60 days after receipt of new plans, amendments
1175based upon an evaluation and appraisal report, and plan
1176amendments applicable to an area of critical state concern or
1177applicable to part III, chapter 369, by the state land planning
1178agency, the agency shall review the plan or amendment and shall
1179issue a community planning assessment report to provide comments
1180regarding the proposed plan or amendment.
1181     (d)  For plan amendments, the state land planning agency's
1182comments shall be limited to priority state interest issues as
1183provided in s. 163.3176.
1184     (e)  For new plans and amendments based upon an evaluation
1185and appraisal report, and plan amendments, where applicable, to
1186an area of critical state concern or to the Wekiva Study Area,
1187the community planning assessment report shall be reviewed for
1188consistency with part II, chapter 163, and Rule 9J-5, Florida
1189Administrative Code, and where applicable, the guiding
1190principles for areas of critical state concern or part III,
1191chapter 369.
1192     (f)  When a federal, state, or regional agency has
1193implemented a permitting program, the state land planning agency
1194shall not require a local government to duplicate or exceed that
1195permitting program in its comprehensive plan or to implement
1196such a permitting program in its land development regulations.
1197Nothing contained in this paragraph prohibits the state land
1198planning agency, in conducting its review of local plans or plan
1199amendments, from commenting or filing a petition regarding
1200densities and intensities consistent with the provisions of this
1201part.
1202     (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
1203COMPREHENSIVE PLAN OR AMENDMENTS; TRANSMITTAL.--
1204     (a)  The local government shall review the written comments
1205submitted to it by the state land planning agency and any other
1206person, agency, or government. Any written comments and any
1207reply to them shall be public documents, a part of the permanent
1208record in the matter, and admissible in any proceeding in which
1209the comprehensive plan or plan amendment may be at issue.
1210     (b)  The local government may adopt the plan amendments,
1211adopt the amendments with changes, or refuse to adopt the plan
1212amendments.
1213     (c)  For amendments based upon an evaluation and appraisal
1214report and new comprehensive plans, the local government, upon
1215receipt of written comments from the state land planning agency,
1216shall have 120 days to adopt or adopt with changes the proposed
1217comprehensive plan or plan amendments based upon an evaluation
1218and appraisal report.
1219     (d)  The local government shall transmit the complete
1220adopted comprehensive plan or plan amendment to the state land
1221planning agency as specified in the agency's procedural rules
1222within 10 working days after adoption. The local governing body
1223shall also transmit a copy of the adopted comprehensive plan or
1224plan amendment to the governmental review agencies and regional
1225planning agency and to any other unit of local government or
1226governmental agency in the state that has filed a written
1227request with the governing body for a copy of the plan or plan
1228amendment.
1229     (8)  PLAN AMENDMENT CHALLENGES; EFFECTIVE DATE.--
1230     (a)  For plan amendments that are not based upon an
1231evaluation and appraisal report, the state land planning agency
1232or any affected person may file a petition with the Division of
1233Administrative Hearings pursuant to ss. 120.569 and 120.57 to
1234request a hearing to challenge an amendment for compliance with
1235this section within 45 days following the state land planning
1236agency's receipt of the adopted amendment. The petitioning party
1237shall serve a copy of the petition on the local government and
1238shall furnish a copy to the state land planning agency. An
1239administrative law judge shall hold a hearing in the affected
1240jurisdiction. The parties to a proceeding held pursuant to this
1241subsection shall be the petitioner, the local government, and
1242any intervenor. In the proceeding, the local government's
1243determination that the amendment is in compliance is presumed to
1244be correct. The local government's determination shall be
1245sustained unless it is shown by a preponderance of the evidence
1246that the amendment is not in compliance with the requirements of
1247this section. In any proceeding initiated pursuant to this
1248subsection, the state land planning agency may petition or
1249intervene only regarding state priority interests, except for
1250plan amendments required pursuant to part III of chapter 369,
1251where applicable.
1252     (b)  The administrative law judge's recommended order shall
1253be forwarded to the state land planning agency for final agency
1254action.
1255     (c)  A plan amendment shall become effective 46 days after
1256adoption if not challenged under this subsection. If challenged
1257within 45 days after adoption, an amendment shall not become
1258effective until and unless the state land planning agency enters
1259a final order determining the amendment is in compliance. If the
1260state land planning agency enters a final order determining that
1261an adopted plan amendment is not in compliance, that amendment
1262shall not become effective and shall not be deemed part of the
1263adopted comprehensive plan.
1264     (9)  PROPOSED PLANS OR AMENDMENTS BASED UPON AN EVALUATION
1265AND APPRAISAL REPORT; NOTICES OF INTENT; CHALLENGES.--
1266     (a)  Upon receipt of a local government's complete adopted
1267comprehensive plan or plan amendment based upon an evaluation
1268and appraisal report, the state land planning agency shall have
126945 days for review and to determine if the comprehensive plan or
1270plan amendment is in compliance with this section. The agency's
1271determination of compliance must be based solely upon the state
1272land planning agency's written comments to the local government
1273pursuant to subsection (6) or the comprehensive plan or plan
1274amendment as adopted, or both.
1275     (b)1.  During the time period provided for in this
1276subsection, the state land planning agency shall issue, through
1277a senior administrator or the secretary, as specified in the
1278agency's procedural rules, a notice of intent to find that the
1279comprehensive plan or plan amendment is in compliance or not in
1280compliance. A notice of intent shall be issued by publication in
1281the manner provided by this paragraph and by mailing a copy to
1282the local government. The advertisement shall be placed in that
1283portion of the newspaper in which legal notices appear. The
1284advertisement shall be published in a newspaper that meets the
1285size and circulation requirements set forth in paragraph (3)(d)
1286and that has been designated in writing by the affected local
1287government at the time of transmittal of the plan amendment.
1288Publication by the state land planning agency of a notice of
1289intent in the newspaper designated by the local government shall
1290be prima facie evidence of compliance with the publication
1291requirements of this section. The state land planning agency
1292shall post a copy of the notice of intent on the agency's
1293Internet site.
1294     2.  A local government that has an Internet site shall post
1295a copy of the state land planning agency's notice of intent on
1296the site within 5 days after receipt of the mailed copy of the
1297agency's notice of intent.
1298     (c)  If the state land planning agency issues a notice of
1299intent to find that the comprehensive plan or plan amendment is
1300in compliance with this act, any affected person may file a
1301petition with the agency pursuant to ss. 120.569 and 120.57
1302within 21 days after the publication of notice. In such
1303proceeding, the local plan or plan amendment shall be determined
1304to be in compliance if the local government's determination of
1305compliance is fairly debatable.
1306     (d)  If the state land planning agency issues a notice of
1307intent to find the comprehensive plan or plan amendment not in
1308compliance with this section, the notice of intent shall be
1309forwarded to the Division of Administrative Hearings of the
1310Department of Management Services, which shall conduct a
1311proceeding under ss. 120.569 and 120.57 in the county of and
1312convenient to the affected local jurisdiction. The parties to
1313the proceeding shall be the state land planning agency, the
1314affected local government, and any affected person who
1315intervenes. In the proceeding, the local government's
1316determination that the comprehensive plan or plan amendment is
1317in compliance is presumed to be correct. The local government's
1318determination shall be sustained unless it is shown by a
1319preponderance of the evidence that the comprehensive plan or
1320plan amendment is not in compliance. The local government's
1321determination that elements of its plans are related to and
1322consistent with each other shall be sustained if the
1323determination is fairly debatable.
1324     (e)  No new issue may be alleged as a reason to find a plan
1325or plan amendment not in compliance in an administrative
1326pleading filed more than 21 days after publication of notice
1327unless the party seeking that issue establishes good cause for
1328not alleging the issue within that time period. Good cause shall
1329not include excusable neglect.
1330     (f)  The hearing shall be conducted by an administrative
1331law judge of the Division of Administrative Hearings, who shall
1332hold the hearing in the county of and convenient to the affected
1333local jurisdiction and submit a recommended order to the state
1334land planning agency. The state land planning agency shall allow
1335for the filing of exceptions to the recommended order and shall
1336issue a final order.
1337     (g)  A comprehensive plan or plan amendment shall become
1338effective 22 days after publication of notice if not challenged
1339under this subsection. If challenged within 21 days after
1340publication of notice, a comprehensive plan or plan amendment
1341shall not become effective until and unless the state land
1342planning agency enters a final order determining the amendment
1343is in compliance. If the state land planning agency enters a
1344final order determining that an adopted comprehensive plan or
1345plan amendment is not in compliance, that plan or plan amendment
1346shall not become effective and shall not be deemed part of the
1347adopted comprehensive plan.
1348     (10)  MEDIATION; EXPEDITIOUS RESOLUTION.--
1349     (a)  At any time after a matter has been forwarded to the
1350Division of Administrative Hearings, the local government
1351proposing the amendment or an affected person who is a party to
1352the proceeding may demand mediation or expeditious resolution of
1353the amendment proceedings by serving written notice on the state
1354land planning agency, all other parties to the proceeding, and
1355the administrative law judge.
1356     (b)  Upon filing of a notice demanding mediation, the
1357hearing may not be held until the state land planning agency
1358advises the administrative law judge in writing of the results
1359of the mediation or other alternative dispute resolution.
1360However, the hearing may not be delayed for longer than 90 days
1361for mediation or other alternative dispute resolution unless a
1362longer delay is agreed to by the parties to the proceeding. The
1363costs of the mediation or other alternative dispute resolution
1364shall be borne equally by all of the parties to the proceeding.
1365     (c)  Upon filing of a notice demanding expeditious
1366resolution, the administrative law judge shall set the matter
1367for final hearing no more than 60 days after receipt of the
1368notice. However, if a demand for mediation pursuant to paragraph
1369(b) was filed before the notice demanding expeditious
1370resolution, the final hearing shall be set no more than 60 days
1371after completion of the mediation.
1372     1.  After a final hearing pursuant to this paragraph has
1373been set, no continuance in the hearing, and no additional time
1374for posthearing submittals, may be granted without the written
1375agreement of the parties absent a finding by the administrative
1376law judge of extraordinary circumstances. Extraordinary
1377circumstances do not include matters relating to workload or
1378need for additional time for preparation or negotiation.
1379     2.  The administrative law judge shall forward a
1380recommended order to the state land planning agency for final
1381agency action within 30 days after the filing of the parties'
1382proposed recommended orders. If no exceptions to the recommended
1383final order are filed, the state land planning agency shall take
1384final agency action no later than 45 days after receipt of the
1385recommended order. If exceptions are filed, the state land
1386planning agency shall take final agency action no later than 45
1387days after the receipt of the exceptions or responses to the
1388exceptions, whichever is later. These deadlines may be extended
1389upon a showing of extraordinary circumstances, or upon agreement
1390of all the parties in writing to a longer time.
1391     (11)  GOOD FAITH FILING.--The signature of an attorney or
1392party constitutes a certificate that he or she has read the
1393pleading, motion, or other paper and that, to the best of his or
1394her knowledge, information, and belief formed after reasonable
1395inquiry, it is not interposed for any improper purpose, such as
1396to harass or to cause unnecessary delay, or for economic
1397advantage, competitive reasons, or frivolous purposes or
1398needless increase in the cost of litigation. If a pleading,
1399motion, or other paper is signed in violation of these
1400requirements, the administrative law judge, upon motion or his
1401or her own initiative, shall impose upon the person who signed
1402it, a represented party, or both, an appropriate sanction, which
1403may include an order to pay to the other party or parties the
1404amount of reasonable expenses incurred because of the filing of
1405the pleading, motion, or other paper, including a reasonable
1406attorney's fee.
1407     (12)  EXCLUSIVE PROCEEDINGS.--The proceedings under this
1408section shall be the sole proceeding or action for a
1409determination of whether a local government's plan, element, or
1410plan amendment, except as provided in s. 163.3189, is in
1411compliance with this section.
1412     (13)  AREAS OF CRITICAL STATE CONCERN.--No proposed local
1413government comprehensive plan or plan amendment which is
1414applicable to a designated area of critical state concern shall
1415be effective until a final order is issued finding the plan or
1416amendment to be in compliance as defined in this section.
1417     Section 11.  Paragraphs (c) and (d) of subsection (1) and
1418subsection (3) of section 163.3187, Florida Statutes, are
1419amended, and paragraphs (e) through (n) of subsection (1) of
1420said section are redesignated as paragraphs (d) through (m),
1421respectively, to read:
1422     163.3187  Frequency of amendment; procedure for small-scale
1423development plan amendments of adopted comprehensive plan.--
1424     (1)  Amendments to comprehensive plans adopted pursuant to
1425this part may be made not more than two times during any
1426calendar year, except:
1427     (c)  Any local government comprehensive plan amendments
1428directly related to proposed small scale development activities
1429may be approved without regard to statutory limits on the
1430frequency of consideration of amendments to the local
1431comprehensive plan. A small scale development amendment may be
1432adopted only under the following conditions:
1433     1.  The proposed amendment involves a use of 10 acres or
1434fewer and:
1435     a.  The cumulative annual effect of the acreage for all
1436small scale development amendments adopted by the local
1437government shall not exceed:
1438     (I)  A maximum of 120 acres in a local government that
1439contains areas specifically designated in the local
1440comprehensive plan for urban infill, urban redevelopment, or
1441downtown revitalization as defined in s. 163.3164, urban infill
1442and redevelopment areas designated under s. 163.2517,
1443transportation concurrency exception areas approved pursuant to
1444s. 163.3180(5), or regional activity centers and urban central
1445business districts approved pursuant to s. 380.06(2)(e);
1446however, amendments under this paragraph may be applied to no
1447more than 60 acres annually of property outside the designated
1448areas listed in this sub-sub-subparagraph. Amendments adopted
1449pursuant to paragraph (k) shall not be counted toward the
1450acreage limitations for small scale amendments under this
1451paragraph.
1452     (II)  A maximum of 80 acres in a local government that does
1453not contain any of the designated areas set forth in sub-sub-
1454subparagraph (I).
1455     (III)  A maximum of 120 acres in a county established
1456pursuant to s. 9, Art. VIII of the State Constitution.
1457     b.  The proposed amendment does not involve the same
1458property granted a change within the prior 12 months.
1459     c.  The proposed amendment does not involve the same
1460owner's property within 200 feet of property granted a change
1461within the prior 12 months.
1462     d.  The proposed amendment does not involve a text change
1463to the goals, policies, and objectives of the local government's
1464comprehensive plan, but only proposes a land use change to the
1465future land use map for a site-specific small scale development
1466activity.
1467     e.  The property that is the subject of the proposed
1468amendment is not located within an area of critical state
1469concern, unless the project subject to the proposed amendment
1470involves the construction of affordable housing units meeting
1471the criteria of s. 420.0004(3), and is located within an area of
1472critical state concern designated by s. 380.0552 or by the
1473Administration Commission pursuant to s. 380.05(1). Such
1474amendment is not subject to the density limitations of sub-
1475subparagraph f., and shall be reviewed by the state land
1476planning agency for consistency with the principles for guiding
1477development applicable to the area of critical state concern
1478where the amendment is located and shall not become effective
1479until a final order is issued under s. 380.05(6).
1480     f.  If the proposed amendment involves a residential land
1481use, the residential land use has a density of 10 units or less
1482per acre, except that this limitation does not apply to small
1483scale amendments described in sub-sub-subparagraph a.(I) that
1484are designated in the local comprehensive plan for urban infill,
1485urban redevelopment, or downtown revitalization as defined in s.
1486163.3164, urban infill and redevelopment areas designated under
1487s. 163.2517, transportation concurrency exception areas approved
1488pursuant to s. 163.3180(5), or regional activity centers and
1489urban central business districts approved pursuant to s.
1490380.06(2)(e).
1491     2.a.  A local government that proposes to consider a plan
1492amendment pursuant to this paragraph is not required to comply
1493with the procedures and public notice requirements of s.
1494163.3184(15)(c) for such plan amendments if the local government
1495complies with the provisions in s. 125.66(4)(a) for a county or
1496in s. 166.041(3)(c) for a municipality. If a request for a plan
1497amendment under this paragraph is initiated by other than the
1498local government, public notice is required.
1499     b.  The local government shall send copies of the notice
1500and amendment to the state land planning agency, the regional
1501planning council, and any other person or entity requesting a
1502copy. This information shall also include a statement
1503identifying any property subject to the amendment that is
1504located within a coastal high hazard area as identified in the
1505local comprehensive plan.
1506     3.  Small scale development amendments adopted pursuant to
1507this paragraph require only one public hearing before the
1508governing board, which shall be an adoption hearing as described
1509in s. 163.3184(7), and are not subject to the requirements of s.
1510163.3184(3)-(6) unless the local government elects to have them
1511subject to those requirements.
1512     (d)  Any comprehensive plan amendment required by a
1513compliance agreement pursuant to s. 163.3184(16) may be approved
1514without regard to statutory limits on the frequency of adoption
1515of amendments to the comprehensive plan.
1516     (3)(a)  The state land planning agency shall not review or
1517issue a notice of intent for small scale development amendments
1518which satisfy the requirements of paragraph (1)(c). Any affected
1519person may file a petition with the Division of Administrative
1520Hearings pursuant to ss. 120.569 and 120.57 to request a hearing
1521to challenge the compliance of a small scale development
1522amendment with this act within 30 days following the local
1523government's adoption of the amendment, shall serve a copy of
1524the petition on the local government, and shall furnish a copy
1525to the state land planning agency. An administrative law judge
1526shall hold a hearing in the affected jurisdiction not less than
152730 days nor more than 60 days following the filing of a petition
1528and the assignment of an administrative law judge. The parties
1529to a proceeding hearing held pursuant to this subsection shall
1530be the petitioner, the local government, and any intervenor. In
1531the proceeding, the local government's determination that the
1532small scale development amendment is in compliance is presumed
1533to be correct. The local government's determination shall be
1534sustained unless it is shown by a preponderance of the evidence
1535that the amendment is not in compliance with the requirements of
1536this act. In any proceeding initiated pursuant to this
1537subsection, the state land planning agency may petition or
1538intervene regarding priority state interests.
1539     (b)  The administrative law judge's recommended order shall
1540be forwarded to the state land planning agency for final agency
1541action. If no exceptions to the recommended order are filed, the
1542state land planning agency shall take final agency action no
1543later than 45 days after receipt of the recommended order. If
1544exceptions are filed, the state land planning agency shall take
1545final agency action no later than 45 days after the receipt of
1546the exceptions or responses to the exceptions, whichever is
1547later. 1.  If the administrative law judge recommends that the
1548small scale development amendment be found not in compliance,
1549the administrative law judge shall submit the recommended order
1550to the Administration Commission for final agency action. If the
1551administrative law judge recommends that the small scale
1552development amendment be found in compliance, the administrative
1553law judge shall submit the recommended order to the state land
1554planning agency.
1555     2.  If the state land planning agency determines that the
1556plan amendment is not in compliance, the agency shall submit,
1557within 30 days following its receipt, the recommended order to
1558the Administration Commission for final agency action. If the
1559state land planning agency determines that the plan amendment is
1560in compliance, the agency shall enter a final order within 30
1561days following its receipt of the recommended order.
1562     (c)  A small-scale amendment shall become effective 31 days
1563after adoption if not challenged under this subsection. If
1564challenged within 30 days after adoption, a small-scale
1565amendment shall not become effective until and unless the state
1566land planning agency enters a final order determining the
1567amendment is in compliance. If the state land planning agency
1568enters a final order determining that an adopted small-scale
1569plan amendment is not in compliance, that amendment shall not
1570become effective and shall not be deemed part of the adopted
1571comprehensive plan. Small scale development amendments shall not
1572become effective until 31 days after adoption. If challenged
1573within 30 days after adoption, small scale development
1574amendments shall not become effective until the state land
1575planning agency or the Administration Commission, respectively,
1576issues a final order determining the adopted small scale
1577development amendment is in compliance.
1578     Section 12.  Section 163.3191, Florida Statutes, is amended
1579to read:
1580     163.3191  Evaluation and appraisal of comprehensive plan.--
1581     (1)  The planning program shall be a continuous and ongoing
1582process. Each local government shall adopt an evaluation and
1583appraisal report once every 5 7 years as the first step in
1584adopting an updated comprehensive plan. The evaluation shall be
1585based upon a summary of the actions taken to implement the
1586comprehensive plan, an analysis of the extent to which the
1587community's objectives have been achieved, and an assessment of
1588the degree to which the comprehensive plan reflects and furthers
1589the community's current goals. Based on this evaluation and
1590assessment, the report shall identify changes that should be
1591made to the plan to reflect changes in the community's goals,
1592respond to changing trends and conditions, and reflect the
1593availability of new information assessing the progress in
1594implementing the local government's comprehensive plan.
1595Furthermore, it is the intent of this section that:
1596     (a)  Adopted comprehensive plans be reviewed through such
1597evaluation process to respond to changes in state, regional, and
1598local policies on planning and growth management and changing
1599conditions and trends, to ensure effective intergovernmental
1600coordination, and to identify major issues regarding the
1601community's achievement of its goals.
1602     (b)  After completion of the initial evaluation and
1603appraisal report and any supporting plan amendments, each
1604subsequent evaluation and appraisal report must evaluate the
1605comprehensive plan as amended by the most recent evaluation and
1606appraisal report update amendments, including any additional
1607subsequent amendments in effect at the time of the initiation of
1608the evaluation and appraisal report process.
1609     (c)  Local governments identify the major issues, if
1610applicable, with input from state agencies, regional agencies,
1611adjacent local governments, and the public in the evaluation and
1612appraisal report process. It is the Legislature's intent that
1613public participation be a hallmark of the evaluation and
1614appraisal process and that innovative means be used at each step
1615to solicit public input from a broad range of interests. The
1616Legislature encourages local governments to incorporate
1617visioning, as set forth at s. 163.3167(11), or other similar
1618techniques, as part of the process to foster public
1619participation and to aid in identifying the major issues.
1620     (d)  It is also the intent of this section to establish
1621That minimum requirements be established for information to
1622ensure predictability, certainty, and integrity in the growth
1623management process. The report is intended to serve as a summary
1624audit of the actions that a local government has undertaken and
1625identify changes that it may need to make. The report should be
1626based on the local government's analysis of major issues to
1627further the community's goals consistent with statewide minimum
1628standards. The report is not intended to require a comprehensive
1629rewrite of the elements within the local plan, unless a local
1630government chooses to do so.
1631     (2)  The report shall present an evaluation and assessment
1632of the comprehensive plan and shall contain appropriate
1633statements to update the comprehensive plan, including, but not
1634limited to, words, maps, illustrations, or other media, related
1635to:
1636     (a)  Communitywide assessment.--
1637     1.  Population growth and changes in land area, including
1638annexation, since the adoption of the original plan or the most
1639recent evaluation and appraisal report update amendments.
1640     2.(b)  The extent of vacant and developable land for each
1641future land use category included in the plan, including an
1642evaluation of the extent to which the target densities within
1643infrastructure development encouragement areas, when adopted,
1644have been achieved. The report shall include an assessment of
1645the effectiveness of the community's strategies for directing
1646growth and development to infrastructure development
1647encouragement areas.
1648     3.(c)  An evaluation of the extent to which The financial
1649feasibility of implementing the comprehensive plan and of
1650providing needed infrastructure was provided during the
1651evaluation period, as well as the extent to which needed
1652infrastructure will be provided for the next planning period to
1653achieve and maintain adopted level-of-service standards and
1654sustain concurrency management systems through the capital
1655improvements element, and long-range facilities work plans. The
1656evaluation shall also consider as well as the ability to address
1657infrastructure backlogs and meet the demands of growth on public
1658services and facilities.
1659     4.(d)  The location of existing development in relation to
1660the location of development as anticipated in the original plan,
1661or in the plan as amended by the most recent evaluation and
1662appraisal report update amendments, such as within areas
1663designated for urban growth.
1664     5.(h)  A brief assessment of successes and shortcomings
1665related to each element of the plan.
1666     6.(f)  Relevant changes to the state comprehensive plan,
1667the requirements of this part, the minimum criteria contained in
1668chapter 9J-5, Florida Administrative Code, and the appropriate
1669strategic regional policy plan since the adoption of the
1670original plan or the most recent evaluation and appraisal report
1671update amendments. The state land planning agency shall provide
1672local governments with a list of the changes to this chapter and
1673Rule 9J-5 of the Florida Administrative Code. The regional
1674planning councils shall provide local governments with a list of
1675the changes to the strategic regional policy plan.
1676     7.  The extent to which growth, development, land use
1677changes, and implementation of the comprehensive plan have
1678adequately protected priority state interests.
1679     8.(j)  A summary of the public participation program and
1680activities undertaken by the local government in preparing the
1681report.
1682     (b)  Evaluation of major community planning issues.--
1683     1.(e)  An identification of the major issues for the
1684jurisdiction and, where pertinent, the potential social,
1685economic, and environmental impacts.
1686     2.(g)  An assessment of whether the plan objectives within
1687each element, as they relate to major issues, have been
1688achieved. The report shall include, as appropriate, an
1689identification as to whether unforeseen or unanticipated changes
1690in circumstances have resulted in problems or opportunities with
1691respect to major issues identified in each element and the
1692social, economic, and environmental impacts of the issue.
1693     3.(i)  The identification of any actions or corrective
1694measures, including whether plan amendments are anticipated to
1695address the major issues identified and analyzed in the report.
1696Such identification shall include, as appropriate, new
1697population projections, new revised planning timeframes, a
1698revised future conditions map or map series, an updated capital
1699improvements element, and any new and revised goals, objectives,
1700and policies for major issues identified within each element.
1701Recommended changes to the comprehensive plan shall be
1702summarized in a single section of the report. This paragraph
1703shall not require the submittal of the plan amendments with the
1704evaluation and appraisal report.
1705     (c)  Evaluation of special planning issues.--
1706     1.(k)  An evaluation of whether the local government has
1707been successful in coordinating The coordination of the
1708comprehensive plan with existing public schools and those
1709identified in the applicable educational facilities plan adopted
1710pursuant to s. 1013.35. The assessment shall address, where
1711relevant, the success or failure of the coordination of the
1712future land use map and associated planned residential
1713development with public schools and their capacities, as well as
1714the joint decisionmaking processes engaged in by the local
1715government and the school board in regard to establishing
1716appropriate population projections and the planning and siting
1717of public school facilities. If the issues are not relevant, the
1718local government shall demonstrate that they are not relevant.
1719     2.(l)  An The evaluation of whether the local government
1720has been successful in coordinating its land use planning
1721activities with the water supply planning activities of its
1722potable water supplier and with the resource development
1723activities of the appropriate water management district. The
1724evaluation shall address the coordinated use of population,
1725demand, and service area projections and the utilization of
1726water sources consistent with must consider the appropriate
1727water management district's regional water supply plan approved
1728pursuant to s. 373.0361. In addition, for local governments
1729which have adopted a water supply facilities work plan, the
1730report must evaluate the degree to which the local government
1731has implemented the work plan included in the potable water
1732element must be revised to include a work plan, covering at
1733least a 10-year planning period, for building any water supply
1734facilities that are identified in the element as necessary to
1735serve existing and new development and for which the local
1736government is responsible.
1737     3.(m)  If any of the jurisdiction of the local government
1738is located within the coastal high-hazard area, an evaluation of
1739whether any past reduction in land use density impairs the
1740property rights of current property owners residents when
1741redevelopment occurs, including, but not limited to,
1742redevelopment following a natural disaster. The property rights
1743of current property owners residents shall be balanced with
1744public safety considerations. The local government must identify
1745strategies to address redevelopment feasibility and the property
1746rights of affected property owners residents. These strategies
1747may include the authorization of redevelopment up to the actual
1748built density in existence on the property prior to the natural
1749disaster or redevelopment. In addition, the report shall
1750identify and evaluate the actions that have been undertaken
1751during the evaluation period to limit public expenditures that
1752subsidize development in coastal high hazard areas, protect
1753human life against the effects of natural disasters, protect
1754property against the effects of natural disasters, including the
1755implementation of local mitigation strategies, and safely
1756evacuate the density of coastal population proposed in the
1757future land use plan element.
1758     4.(n)  An assessment of whether the criteria adopted
1759pursuant to s. 163.3177(6)(a) were successful in achieving
1760compatibility with military installations.
1761     5.  Where applicable, the assessments required by s.
1762163.2517(6) for urban infill and redevelopment areas, s.
1763163.31777(7) for public schools interlocal agreements, and s.
1764163.3246(10) for the Local Government Comprehensive Planning
1765Certification Program.
1766     (3)(a)  As part of the process for identifying the major
1767community planning issues on which to focus the evaluation and
1768appraisal report, each county shall and all municipalities are
1769encouraged to convene a scoping meeting of state and regional
1770review agencies, as well as adjacent and other affected local
1771governments. Each county shall invite the municipalities in the
1772county. The scoping meeting should be held at least 1 year prior
1773to the established adoption date of the report. Prior to the
1774meeting, the local government shall send each invitee a
1775preliminary list of major issues. At the meeting, attendees may
1776advise the local government of the extent to which the
1777preliminary list includes issues which, from the perspective of
1778the attendee, should be addressed in the report. Attendees may
1779also advise the local government of the availability of data,
1780resources, and contacts that may be useful to the local
1781government during the analysis of major issues and preparation
1782of the report. In addition, the meeting shall include discussion
1783of the extent to which the components in subsection (2) should
1784be addressed in the report, including an identification of those
1785components that are of minor importance to local circumstances
1786and therefore need not be addressed in the same degree of
1787detail. Counties are encouraged to discuss with municipalities
1788the extent to which major county issues apply within each
1789municipality and share with municipalities data and analyses
1790developed by the county on the applicable issues.
1791     (b)  Prior to finalizing the list of major issues, the
1792local government shall hold at least one workshop to solicit
1793input from citizens, community leaders, and elected officials.
1794At the conclusion of the major issues identification process,
1795the governing body, or its designee, is encouraged to seek
1796concurrence from the state land planning agency regarding the
1797list of major community planning issues on which the local
1798government intends to focus its evaluation and appraisal report,
1799as well as the work program that will be followed to address
1800each component in subsection (2), through a letter of
1801understanding or similar instrument. Voluntary scoping meetings
1802may be conducted by each local government or several local
1803governments within the same county that agree to meet together.
1804Joint meetings among all local governments in a county are
1805encouraged. All scoping meetings shall be completed at least 1
1806year prior to the established adoption date of the report. The
1807purpose of the meetings shall be to distribute data and
1808resources available to assist in the preparation of the report,
1809to provide input on major issues in each community that should
1810be addressed in the report, and to advise on the extent of the
1811effort for the components of subsection (2). If scoping meetings
1812are held, the local government shall invite each state and
1813regional reviewing agency, as well as adjacent and other
1814affected local governments. A preliminary list of new data and
1815major issues that have emerged since the adoption of the
1816original plan, or the most recent evaluation and appraisal
1817report-based update amendments, should be developed by state and
1818regional entities and involved local governments for
1819distribution at the scoping meeting. For purposes of this
1820subsection, a "scoping meeting" is a meeting conducted to
1821determine the scope of review of the evaluation and appraisal
1822report by parties to which the report relates.
1823     (4)  The local planning agency shall prepare the evaluation
1824and appraisal report and shall make recommendations to the
1825governing body regarding adoption of the proposed report. The
1826local planning agency shall prepare the report in conformity
1827with its public participation procedures adopted as required by
1828s. 163.3181. During the preparation of the proposed report and
1829prior to making any recommendation to the governing body, the
1830local planning agency shall hold at least one public hearing,
1831with public notice, on the proposed report. At a minimum, the
1832format and content of the proposed report shall include a table
1833of contents; numbered pages; element headings; section headings
1834within elements; a list of included tables, maps, and figures; a
1835title and sources for all included tables; a preparation date;
1836and the name of the preparer. Where applicable, maps shall
1837include major natural and artificial geographic features; city,
1838county, and state lines; and a legend indicating a north arrow,
1839map scale, and the date.
1840     (5)  One hundred twenty Ninety days prior to the scheduled
1841adoption date, the governing body or, if designated, the local
1842planning agency shall local government may provide, after a
1843public hearing with public notice, the a proposed evaluation and
1844appraisal report to the state land planning agency and
1845distribute copies to state and regional commenting agencies as
1846prescribed by rule, adjacent jurisdictions, and interested
1847citizens for review. Each county shall provide a copy of its
1848proposed report to its municipalities. All review comments,
1849including comments by the state land planning agency, shall be
1850transmitted to the local government and state land planning
1851agency within 30 days after receipt of the proposed report.
1852     (6)  The governing body, after considering the review
1853comments and recommended changes, if any, shall adopt the
1854evaluation and appraisal report by resolution or ordinance at a
1855public hearing with public notice. The governing body shall
1856adopt the report in conformity with its public participation
1857procedures adopted as required by s. 163.3181. The local
1858government shall submit to the state land planning agency three
1859copies of the report, a transmittal letter indicating the dates
1860of public hearings, and a copy of the adoption resolution or
1861ordinance. The local government shall provide a copy of the
1862report to the reviewing agencies as prescribed by rule which
1863provided comments for the proposed report, or to all the
1864reviewing agencies if a proposed report was not provided
1865pursuant to subsection (5), including the adjacent local
1866governments. Within 60 days after receipt, the state land
1867planning agency shall review the adopted report and make a
1868preliminary sufficiency determination that shall be forwarded by
1869the agency to the local government for its consideration. The
1870state land planning agency shall issue a final sufficiency
1871determination within 90 days after receipt of the adopted
1872evaluation and appraisal report.
1873     (7)  The intent of the evaluation and appraisal process is
1874the preparation of a plan update that clearly and concisely
1875achieves the purpose of this section. Toward this end, the
1876sufficiency review of the state land planning agency shall
1877concentrate on whether the evaluation and appraisal report
1878sufficiently fulfills the components of subsection (2). During
1879the sufficiency review, the state land planning agency shall
1880take into account the circumstances of the local government,
1881such as size, growth rate, and buildout status, regarding the
1882level of effort that is sufficient to address the components of
1883subsection (2). If the state land planning agency determines
1884that the report is insufficient, the governing body shall adopt
1885a revision of the report and submit the revised report for
1886review pursuant to subsection (6).
1887     (8)  The state land planning agency may delegate the review
1888of evaluation and appraisal reports, including all state land
1889planning agency duties under subsections (4)-(7), to the
1890appropriate regional planning council. When the review has been
1891delegated to a regional planning council, any local government
1892in the region may elect to have its report reviewed by the
1893regional planning council rather than the state land planning
1894agency. The state land planning agency shall by agreement
1895provide for uniform and adequate review of reports and shall
1896retain oversight for any delegation of review to a regional
1897planning council. Regional planning councils are encouraged to
1898provide technical assistance to the smaller and rural local
1899governments within their region by helping them identify major
1900issues, hold scoping meetings, provide updated data, and
1901identify changes in state law and rule and by assisting them in
1902the preparation of comprehensive plan amendments which reflect
1903the recommendations of the report.
1904     (9)  The state land planning agency may establish a phased
1905schedule for adoption of reports. The schedule shall provide
1906each local government at least 7 years from plan adoption or
1907last established adoption date for a report and shall allot
1908approximately one-seventh of the reports to any 1 year. In order
1909to allow the municipalities to use data and analyses gathered by
1910the counties, the state land planning agency shall schedule
1911municipal report adoption dates between 1 year and 18 months
1912later than the report adoption date for the county in which
1913those municipalities are located. The due date for newly
1914incorporated municipalities shall be consistent with the due
1915dates of other municipalities within the county but no sooner
1916than 5 years after the adoption of the comprehensive plan. A
1917local government may adopt its report no earlier than 90 days
1918prior to the established adoption date. The state land planning
1919agency shall revise the schedule of due dates for the evaluation
1920and appraisal report. Small municipalities which were scheduled
1921by chapter 9J-33, Florida Administrative Code, to adopt their
1922evaluation and appraisal report after February 2, 1999, shall be
1923rescheduled to adopt their report together with the other
1924municipalities in their county as provided in this subsection.
1925     (10)  The governing body shall amend its comprehensive plan
1926based on the recommendations in the report and shall update the
1927comprehensive plan based on the components of subsection (2),
1928pursuant to the provisions of ss. 163.3184 and, 163.3187, and
1929163.3189. Amendments to update a comprehensive plan based on the
1930evaluation and appraisal report shall be adopted during a single
1931amendment cycle within 18 months after the report is determined
1932to be sufficient by the state land planning agency, except the
1933state land planning agency may grant an extension for adoption
1934of a portion of such amendments. The state land planning agency
1935may grant a 6-month extension for the adoption of such
1936amendments if the request is justified by good and sufficient
1937cause as determined by the agency. An additional extension may
1938also be granted if the request will result in greater
1939coordination between transportation and land use, for the
1940purposes of improving Florida's transportation system, as
1941determined by the agency in coordination with the Metropolitan
1942Planning Organization program. Failure to timely adopt update
1943amendments to the comprehensive plan based on the evaluation and
1944appraisal report shall result in a local government being
1945prohibited from adopting amendments to the comprehensive plan
1946until the evaluation and appraisal report update amendments have
1947been adopted and found in compliance by the state land planning
1948agency. The prohibition on plan amendments shall commence when
1949the update amendments to the comprehensive plan are past due.
1950The comprehensive plan as amended shall be in compliance as
1951defined in s. 163.3184(1)(b). Within 6 months after the
1952effective date of the update amendments to the comprehensive
1953plan, the local government shall provide to the state land
1954planning agency and all agencies designated by rule a complete
1955copy of the updated comprehensive plan.
1956     (11)  The Administration Commission may impose the
1957sanctions provided by s. 163.3184(11) against any local
1958government that fails to adopt and submit a report, or that
1959fails to implement its report through timely and sufficient
1960amendments to its local plan, except for reasons of excusable
1961delay or valid planning reasons agreed to by the state land
1962planning agency or found present by the Administration
1963Commission. Sanctions for untimely or insufficient plan
1964amendments shall be prospective only and shall begin after a
1965final order has been issued by the Administration Commission and
1966a reasonable period of time has been allowed for the local
1967government to comply with an adverse determination by the
1968Administration Commission through adoption of plan amendments
1969that are in compliance. The state land planning agency may
1970initiate, and an affected person may intervene in, such a
1971proceeding by filing a petition with the Division of
1972Administrative Hearings, which shall appoint an administrative
1973law judge and conduct a hearing pursuant to ss. 120.569 and
1974120.57(1) and shall submit a recommended order to the
1975Administration Commission. The affected local government shall
1976be a party to any such proceeding. The commission may implement
1977this subsection by rule.
1978     (11)(12)  The state land planning agency shall not adopt
1979rules to implement this section, other than procedural rules.
1980     (12)(13)  The state land planning agency shall regularly
1981review the evaluation and appraisal report process and submit a
1982report to the Governor, the Administration Commission, the
1983Speaker of the House of Representatives, the President of the
1984Senate, and the respective community affairs committees of the
1985Senate and the House of Representatives. The first report shall
1986be submitted by December 31, 2004, and subsequent reports shall
1987be submitted every 5 years thereafter. At least 9 months before
1988the due date of each report, the Secretary of Community Affairs
1989shall appoint a technical committee of at least 15 members to
1990assist in the preparation of the report. The membership of the
1991technical committee shall consist of representatives of local
1992governments, regional planning councils, the private sector, and
1993environmental organizations. The report shall assess the
1994effectiveness of the evaluation and appraisal report process.
1995     Section 13.  Subsections (1), (6), and (7) of section
1996163.3245, Florida Statutes, are amended to read:
1997     163.3245  Optional sector plans.--
1998     (1)  In recognition of the benefits of conceptual
1999long-range planning for the buildout of an area, and detailed
2000planning for specific areas, as a demonstration project, the
2001requirements of s. 380.06 may be addressed as identified by this
2002section for up to five local governments or combinations of
2003local governments which adopt into the comprehensive plan an
2004optional sector plan in accordance with this section. This
2005section is intended to further the intent of s. 163.3177(11),
2006which supports innovative and flexible planning and development
2007strategies, and the purposes of this part, and part I of chapter
2008380, and to avoid duplication of effort in terms of the level of
2009data and analysis required for a development of regional impact,
2010while ensuring the adequate mitigation of impacts to applicable
2011regional resources and facilities, including those within the
2012jurisdiction of other local governments, as would otherwise be
2013provided. Optional sector plans are intended for substantial
2014geographic areas including at least 5,000 acres of one or more
2015local governmental jurisdictions and are to emphasize urban form
2016and protection of regionally significant resources and
2017facilities. The state land planning agency may approve optional
2018sector plans of less than 5,000 acres based on local
2019circumstances if it is determined that the plan would further
2020the purposes of this part and part I of chapter 380. Preparation
2021of an optional sector plan is authorized by agreement between
2022the state land planning agency and the applicable local
2023governments under s. 163.3171(4). An optional sector plan may be
2024adopted through one or more comprehensive plan amendments under
2025s. 163.3184. However, an optional sector plan may not be
2026authorized in an area of critical state concern.
2027     (6)  Beginning December 1, 1999, and each year thereafter,
2028the department shall provide a status report to the Legislative
2029Committee on Intergovernmental Relations regarding each optional
2030sector plan authorized under this section.
2031     (7)  This section may not be construed to abrogate the
2032rights of any person under this chapter.
2033     Section 14.  Paragraph (c) of subsection (3) of section
2034166.041, Florida Statutes, is amended to read:
2035     166.041  Procedures for adoption of ordinances and
2036resolutions.--
2037     (3)
2038     (c)  Ordinances initiated by other than the municipality
2039that change the actual zoning map designation of a parcel or
2040parcels of land shall be enacted pursuant to paragraph (a).
2041Ordinances that change the actual list of permitted,
2042conditional, or prohibited uses within a zoning category, or
2043ordinances initiated by the municipality that change the actual
2044zoning map designation of a parcel or parcels of land, and
2045ordinances which adopt or amend the comprehensive plan shall be
2046enacted pursuant to the following procedure:
2047     1.  In cases in which the proposed ordinance changes the
2048actual zoning map designation for a parcel or parcels of land
2049involving less than 10 contiguous acres, or in which the
2050proposed ordinance adopts a small-scale comprehensive plan
2051amendment, the governing body shall direct the clerk of the
2052governing body to notify by mail each real property owner whose
2053land the municipality will redesignate by enactment of the
2054ordinance and whose address is known by reference to the latest
2055ad valorem tax records. The notice shall state the substance of
2056the proposed ordinance as it affects that property owner and
2057shall set a time and place for one or more public hearings on
2058such ordinance. Such notice shall be given at least 30 days
2059prior to the date set for the public hearing, and a copy of the
2060notice shall be kept available for public inspection during the
2061regular business hours of the office of the clerk of the
2062governing body. The governing body shall hold a public hearing
2063on the proposed ordinance and may, upon the conclusion of the
2064hearing, immediately adopt the ordinance.
2065     2.  In cases in which the proposed ordinance changes the
2066actual list of permitted, conditional, or prohibited uses within
2067a zoning category, or changes the actual zoning map designation
2068of a parcel or parcels of land involving 10 contiguous acres or
2069more, or adopts a comprehensive plan amendment which is not
2070small scale, the governing body shall provide for public notice
2071and hearings as follows:
2072     a.  The local governing body shall hold two advertised
2073public hearings on the proposed ordinance. At least one hearing
2074shall be held after 5 p.m. on a weekday, unless the local
2075governing body, by a majority plus one vote, elects to conduct
2076that hearing at another time of day. The first public hearing
2077shall be held at least 7 days after the day that the first
2078advertisement is published. The second hearing shall be held at
2079least 10 days after the first hearing and shall be advertised at
2080least 5 days prior to the public hearing.
2081     b.  The required advertisements shall be no less than 2
2082columns wide by 10 inches long in a standard size or a tabloid
2083size newspaper, and the headline in the advertisement shall be
2084in a type no smaller than 18 point. The advertisement shall not
2085be placed in that portion of the newspaper where legal notices
2086and classified advertisements appear. The advertisement shall be
2087placed in a newspaper of general paid circulation in the
2088municipality and of general interest and readership in the
2089municipality, not one of limited subject matter, pursuant to
2090chapter 50. It is the legislative intent that, whenever
2091possible, the advertisement appear in a newspaper that is
2092published at least 5 days a week unless the only newspaper in
2093the municipality is published less than 5 days a week. The
2094advertisement 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
2099the following ordinance:  (title of the ordinance)  .
2100     A public hearing on the ordinance will be held on   (date
2101and time)   at   (meeting place)  .
2102
2103Except for amendments which change the actual list of permitted,
2104conditional, or prohibited uses within a zoning category or
2105amend the text of the comprehensive plan, the advertisement
2106shall contain a geographic location map which clearly indicates
2107the area covered by the proposed ordinance. The map shall
2108include major street names as a means of identification of the
2109general area.
2110     c.  In lieu of publishing the advertisement set out in this
2111paragraph, the municipality may mail a notice to each person
2112owning real property within the area covered by the ordinance.
2113Such notice shall clearly explain the proposed ordinance and
2114shall notify the person of the time, place, and location of any
2115public hearing on the proposed ordinance.
2116     Section 15.  Subsection (26) of section 70.51, Florida
2117Statutes, is amended to read:
2118     70.51  Land use and environmental dispute resolution.--
2119     (26)  A special magistrate's recommendation under this
2120section constitutes data in support of, and a support document
2121for, a comprehensive plan or comprehensive plan amendment, but
2122is not, in and of itself, dispositive of a determination of
2123compliance with chapter 163. Any comprehensive plan amendment
2124necessary to carry out the approved recommendation of a special
2125magistrate under this section is exempt from the twice-a-year
2126limit on plan amendments and may be adopted by the local
2127government amendments in s. 163.3184(16)(d).
2128     Section 16.  Paragraph (k) of subsection (2) of section
2129163.3178, Florida Statutes, is amended to read:
2130     163.3178  Coastal management.--
2131     (2)  Each coastal management element required by s.
2132163.3177(6)(g) shall be based on studies, surveys, and data; be
2133consistent with coastal resource plans prepared and adopted
2134pursuant to general or special law; and contain:
2135     (k)  A component which includes the comprehensive master
2136plan prepared by each deepwater port listed in s. 311.09(1),
2137which addresses existing port facilities and any proposed
2138expansions, and which adequately addresses the applicable
2139requirements of paragraphs (a)-(k) for areas within the port and
2140proposed expansion areas. Such component shall be submitted to
2141the appropriate local government at least 6 months prior to the
2142due date of the local plan and shall be integrated with, and
2143shall meet all criteria specified in, the coastal management
2144element. "The appropriate local government" means the
2145municipality having the responsibility for the area in which the
2146deepwater port lies, except that where no municipality has
2147responsibility, where a municipality and a county each have
2148responsibility, or where two or more municipalities each have
2149responsibility for the area in which the deepwater port lies,
2150"the appropriate local government" means the county which has
2151responsibility for the area in which the deepwater port lies.
2152Failure by a deepwater port which is not part of a local
2153government to submit its component to the appropriate local
2154government shall not result in a local government being subject
2155to sanctions pursuant to s. ss. 163.3167 and 163.3184. However,
2156a deepwater port which is not part of a local government shall
2157be subject to sanctions pursuant to s. 163.3184.
2158     Section 17.   Subsection (13) of section 163.3180, Florida
2159Statutes, is amended to read:
2160     163.3180  Concurrency.--
2161     (13)  School concurrency, if imposed by local option, shall
2162be established on a districtwide basis and shall include all
2163public schools in the district and all portions of the district,
2164whether located in a municipality or an unincorporated area. The
2165application of school concurrency to development shall be based
2166upon the adopted comprehensive plan, as amended. All local
2167governments within a county, except as provided in paragraph
2168(f), shall adopt and transmit to the state land planning agency
2169the necessary plan amendments, along with the interlocal
2170agreement, for a compliance review pursuant to s. 163.3184(7)
2171and (8). School concurrency shall not become effective in a
2172county until all local governments, except as provided in
2173paragraph (f), have adopted the necessary plan amendments, which
2174together with the interlocal agreement, are determined to be in
2175compliance with the requirements of this part. The minimum
2176requirements for school concurrency are the following:
2177     (a)  Public school facilities element.--A local government
2178shall adopt and transmit to the state land planning agency a
2179plan or plan amendment which includes a public school facilities
2180element which is consistent with the requirements of s.
2181163.3177(12) and which is determined to be in compliance as
2182defined in s. 163.3184(1)(b). All local government public school
2183facilities plan elements within a county must be consistent with
2184each other as well as the requirements of this part.
2185     (b)  Level-of-service standards.--The Legislature
2186recognizes that an essential requirement for a concurrency
2187management system is the level of service at which a public
2188facility is expected to operate.
2189     1.  Local governments and school boards imposing school
2190concurrency shall exercise authority in conjunction with each
2191other to establish jointly adequate level-of-service standards,
2192as defined in chapter 9J-5, Florida Administrative Code,
2193necessary to implement the adopted local government
2194comprehensive plan, based on data and analysis.
2195     2.  Public school level-of-service standards shall be
2196included and adopted into the capital improvements element of
2197the local comprehensive plan and shall apply districtwide to all
2198schools of the same type. Types of schools may include
2199elementary, middle, and high schools as well as special purpose
2200facilities such as magnet schools.
2201     3.  Local governments and school boards shall have the
2202option to utilize tiered level-of-service standards to allow
2203time to achieve an adequate and desirable level of service as
2204circumstances warrant.
2205     (c)  Service areas.--The Legislature recognizes that an
2206essential requirement for a concurrency system is a designation
2207of the area within which the level of service will be measured
2208when an application for a residential development permit is
2209reviewed for school concurrency purposes. This delineation is
2210also important for purposes of determining whether the local
2211government has a financially feasible public school capital
2212facilities program that will provide schools which will achieve
2213and maintain the adopted level-of-service standards.
2214     1.  In order to balance competing interests, preserve the
2215constitutional concept of uniformity, and avoid disruption of
2216existing educational and growth management processes, local
2217governments are encouraged to apply school concurrency to
2218development on a districtwide basis so that a concurrency
2219determination for a specific development will be based upon the
2220availability of school capacity districtwide.
2221     2.  For local governments applying school concurrency on a
2222less than districtwide basis, such as utilizing school
2223attendance zones or larger school concurrency service areas,
2224local governments and school boards shall have the burden to
2225demonstrate that the utilization of school capacity is maximized
2226to the greatest extent possible in the comprehensive plan and
2227amendment, taking into account transportation costs and court-
2228approved desegregation plans, as well as other factors. In
2229addition, in order to achieve concurrency within the service
2230area boundaries selected by local governments and school boards,
2231the service area boundaries, together with the standards for
2232establishing those boundaries, shall be identified, included,
2233and adopted as part of the comprehensive plan. Any subsequent
2234change to the service area boundaries for purposes of a school
2235concurrency system shall be by plan amendment and shall be
2236exempt from the limitation on the frequency of plan amendments
2237in s. 163.3187(1).
2238     3.  Where school capacity is available on a districtwide
2239basis but school concurrency is applied on a less than
2240districtwide basis in the form of concurrency service areas, if
2241the adopted level-of-service standard cannot be met in a
2242particular service area as applied to an application for a
2243development permit and if the needed capacity for the particular
2244service area is available in one or more contiguous service
2245areas, as adopted by the local government, then the development
2246order shall be issued and mitigation measures shall not be
2247exacted.
2248     (d)  Financial feasibility.--The Legislature recognizes
2249that financial feasibility is an important issue because the
2250premise of concurrency is that the public facilities will be
2251provided in order to achieve and maintain the adopted level-of-
2252service standard. This part and chapter 9J-5, Florida
2253Administrative Code, contain specific standards to determine the
2254financial feasibility of capital programs. These standards were
2255adopted to make concurrency more predictable and local
2256governments more accountable.
2257     1.  A comprehensive plan amendment seeking to impose school
2258concurrency shall contain appropriate amendments to the capital
2259improvements element of the comprehensive plan, consistent with
2260the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
2261Administrative Code. The capital improvements element shall set
2262forth a financially feasible public school capital facilities
2263program, established in conjunction with the school board, that
2264demonstrates that the adopted level-of-service standards will be
2265achieved and maintained.
2266     2.  Such amendments shall demonstrate that the public
2267school capital facilities program meets all of the financial
2268feasibility standards of this part and chapter 9J-5, Florida
2269Administrative Code, that apply to capital programs which
2270provide the basis for mandatory concurrency on other public
2271facilities and services.
2272     3.  When the financial feasibility of a public school
2273capital facilities program is evaluated by the state land
2274planning agency for purposes of a compliance determination, the
2275evaluation shall be based upon the service areas selected by the
2276local governments and school board.
2277     (e)  Availability standard.--Consistent with the public
2278welfare, a local government may not deny a development permit
2279authorizing residential development for failure to achieve and
2280maintain the level-of-service standard for public school
2281capacity in a local option school concurrency system where
2282adequate school facilities will be in place or under actual
2283construction within 3 years after permit issuance.
2284     (f)  Intergovernmental coordination.--
2285     1.  When establishing concurrency requirements for public
2286schools, a local government shall satisfy the requirements for
2287intergovernmental coordination set forth in s. 163.3177(6)(h)1.
2288and 2., except that a municipality is not required to be a
2289signatory to the interlocal agreement required by s.
2290163.3177(6)(h)2. as a prerequisite for imposition of school
2291concurrency, and as a nonsignatory, shall not participate in the
2292adopted local school concurrency system, if the municipality
2293meets all of the following criteria for having no significant
2294impact on school attendance:
2295     a.  The municipality has issued development orders for
2296fewer than 50 residential dwelling units during the preceding 5
2297years, or the municipality has generated fewer than 25
2298additional public school students during the preceding 5 years.
2299     b.  The municipality has not annexed new land during the
2300preceding 5 years in land use categories which permit
2301residential uses that will affect school attendance rates.
2302     c.  The municipality has no public schools located within
2303its boundaries.
2304     d.  At least 80 percent of the developable land within the
2305boundaries of the municipality has been built upon.
2306     2.  A municipality which qualifies as having no significant
2307impact on school attendance pursuant to the criteria of
2308subparagraph 1. must review and determine at the time of its
2309evaluation and appraisal report pursuant to s. 163.3191 whether
2310it continues to meet the criteria. If the municipality
2311determines that it no longer meets the criteria, it must adopt
2312appropriate school concurrency goals, objectives, and policies
2313in its plan amendments based on the evaluation and appraisal
2314report, and enter into the existing interlocal agreement
2315required by s. 163.3177(6)(h)2., in order to fully participate
2316in the school concurrency system. If such a municipality fails
2317to do so, it will be subject to the enforcement provisions of s.
2318163.3191.
2319     (g)  Interlocal agreement for school concurrency.--When
2320establishing concurrency requirements for public schools, a
2321local government must enter into an interlocal agreement which
2322satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
2323requirements of this subsection. The interlocal agreement shall
2324acknowledge both the school board's constitutional and statutory
2325obligations to provide a uniform system of free public schools
2326on a countywide basis, and the land use authority of local
2327governments, including their authority to approve or deny
2328comprehensive plan amendments and development orders. The
2329interlocal agreement shall be submitted to the state land
2330planning agency by the local government as a part of the
2331compliance review, along with the other necessary amendments to
2332the comprehensive plan required by this part. In addition to the
2333requirements of s. 163.3177(6)(h), the interlocal agreement
2334shall meet the following requirements:
2335     1.  Establish the mechanisms for coordinating the
2336development, adoption, and amendment of each local government's
2337public school facilities element with each other and the plans
2338of the school board to ensure a uniform districtwide school
2339concurrency system.
2340     2.  Establish a process by which each local government and
2341the school board shall agree and base their plans on consistent
2342projections of the amount, type, and distribution of population
2343growth and coordinate and share information relating to existing
2344and planned public school facilities projections and proposals
2345for development and redevelopment, and infrastructure required
2346to support public school facilities.
2347     3.  Establish a process for the development of siting
2348criteria which encourages the location of public schools
2349proximate to urban residential areas to the extent possible and
2350seeks to collocate schools with other public facilities such as
2351parks, libraries, and community centers to the extent possible.
2352     4.  Specify uniform, districtwide level-of-service
2353standards for public schools of the same type and the process
2354for modifying the adopted levels-of-service standards.
2355     5.  Establish a process for the preparation, amendment, and
2356joint approval by each local government and the school board of
2357a public school capital facilities program which is financially
2358feasible, and a process and schedule for incorporation of the
2359public school capital facilities program into the local
2360government comprehensive plans on an annual basis.
2361     6.  Define the geographic application of school
2362concurrency. If school concurrency is to be applied on a less
2363than districtwide basis in the form of concurrency service
2364areas, the agreement shall establish criteria and standards for
2365the establishment and modification of school concurrency service
2366areas. The agreement shall also establish a process and schedule
2367for the mandatory incorporation of the school concurrency
2368service areas and the criteria and standards for establishment
2369of the service areas into the local government comprehensive
2370plans. The agreement shall ensure maximum utilization of school
2371capacity, taking into account transportation costs and court-
2372approved desegregation plans, as well as other factors. The
2373agreement shall also ensure the achievement and maintenance of
2374the adopted level-of-service standards for the geographic area
2375of application throughout the 5 years covered by the public
2376school capital facilities plan and thereafter by adding a new
2377fifth year during the annual update.
2378     7.  Establish a uniform districtwide procedure for
2379implementing school concurrency which provides for:
2380     a.  The evaluation of development applications for
2381compliance with school concurrency requirements;
2382     b.  An opportunity for the school board to review and
2383comment on the effect of comprehensive plan amendments and
2384rezonings on the public school facilities plan; and
2385     c.  The monitoring and evaluation of the school concurrency
2386system.
2387     8.  Include provisions relating to termination, suspension,
2388and amendment of the agreement. The agreement shall provide that
2389if the agreement is terminated or suspended, the application of
2390school concurrency shall be terminated or suspended.
2391     Section 18.  Subsection (6) of section 163.3213, Florida
2392Statutes, is amended to read:
2393     163.3213  Administrative review of land development
2394regulations.--
2395     (6)  If the administrative law judge in his or her order
2396finds the land development regulation to be inconsistent with
2397the local comprehensive plan, the order will be submitted to the
2398Administration Commission. An appeal pursuant to s. 120.68 may
2399not be taken until the Administration Commission acts pursuant
2400to this subsection. The Administration Commission shall hold a
2401hearing no earlier than 30 days or later than 60 days after the
2402administrative law judge renders his or her final order. The
2403sole issue before the Administration Commission shall be the
2404extent to which any of the sanctions described in s.
2405163.3184(11)(a) or (b) shall be applicable to the local
2406government whose land development regulation has been found to
2407be inconsistent with its comprehensive plan. If a land
2408development regulation is not challenged within 12 months, it
2409shall be deemed to be consistent with the adopted local plan.
2410     Section 19.  Section 163.3229, Florida Statutes, is amended
2411to read:
2412     163.3229  Duration of a development agreement and
2413relationship to local comprehensive plan.--The duration of a
2414development agreement shall not exceed 10 years. It may be
2415extended by mutual consent of the governing body and the
2416developer, subject to a public hearing in accordance with s.
2417163.3225. No development agreement shall be effective or be
2418implemented by a local government unless the local government's
2419comprehensive plan and plan amendments implementing or related
2420to the agreement are found in compliance by the state land
2421planning agency in accordance with s. 163.3184 or, s. 163.3187,
2422or s. 163.3189.
2423     Section 20.  Paragraph (a) of subsection (9) of section
2424163.3246, Florida Statutes, is amended to read:
2425     163.3246  Local government comprehensive planning
2426certification program.--
2427     (9)(a)  Upon certification all comprehensive plan
2428amendments associated with the area certified must be adopted
2429and reviewed in the manner described in ss. 163.3184(1), (2),
2430(7), (14), (15), and (16) and 163.3187, such that state and
2431regional agency review is eliminated. The department may not
2432issue any objections, recommendations, and comments report on
2433proposed plan amendments or a notice of intent on adopted plan
2434amendments; however, affected persons, as defined by s.
2435163.3184(1)(a), may file a petition for administrative review
2436pursuant to the requirements of s. 163.3187(3)(a) to challenge
2437the compliance of an adopted plan amendment.
2438     Section 21.  Subsection (8) of section 163.516, Florida
2439Statutes, is amended to read:
2440     163.516  Safe neighborhood improvement plans.--
2441     (8)  Pursuant to ss. 163.3184 and, 163.3187, and 163.3189,
2442the governing body of a municipality or county shall hold two
2443public hearings to consider the board-adopted safe neighborhood
2444improvement plan as an amendment or modification to the
2445municipality's or county's adopted local comprehensive plan.
2446     Section 22.  Section 186.515, Florida Statutes, is amended
2447to read:
2448     186.515  Creation of regional planning councils under
2449chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and
2450186.515 is intended to repeal or limit the provisions of chapter
2451163; however, the local general-purpose governments serving as
2452voting members of the governing body of a regional planning
2453council created pursuant to ss. 186.501-186.507, 186.513, and
2454186.515 are not authorized to create a regional planning council
2455pursuant to chapter 163 unless an agency, other than a regional
2456planning council created pursuant to ss. 186.501-186.507,
2457186.513, and 186.515, is designated to exercise the powers and
2458duties in any one or more of ss. 163.3164(18)(19) and
2459380.031(15); in which case, such a regional planning council is
2460also without authority to exercise the powers and duties in s.
2461163.3164(18)(19) or s. 380.031(15).
2462     Section 23.  Paragraph (a) of subsection (15) of section
2463287.042, Florida Statutes, is amended to read:
2464     287.042  Powers, duties, and functions.--The department
2465shall have the following powers, duties, and functions:
2466     (15)(a)  To enter into joint agreements with governmental
2467agencies, as defined in s. 163.3164(10), for the purpose of
2468pooling funds for the purchase of commodities or information
2469technology that can be used by multiple agencies. However, the
2470department shall consult with the State Technology Office on
2471joint agreements that involve the purchase of information
2472technology. Agencies entering into joint purchasing agreements
2473with the department or the State Technology Office shall
2474authorize the department or the State Technology Office to
2475contract 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,
2478Florida 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
2482adjoining the host local government and any other unit of local
2483government that is not a host local government but that is
2484identified in a proposed military base reuse plan as providing,
2485operating, or maintaining one or more public facilities as
2486defined in s. 163.3164(24) on lands within or serving a military
2487base designated for closure by the Federal Government.
2488     (10)  Within 60 days after receipt of a proposed military
2489base reuse plan, these entities shall review and provide
2490comments to the host local government. The commencement of this
2491review period shall be advertised in newspapers of general
2492circulation within the host local government and any affected
2493local government to allow for public comment. No later than 180
2494days after receipt and consideration of all comments, and the
2495holding of at least two public hearings, the host local
2496government shall adopt the military base reuse plan. The host
2497local government shall comply with the notice requirements set
2498forth in s. 163.3184(15) to ensure full public participation in
2499this planning process.
2500     (12)  Following receipt of a petition, the petitioning
2501party or parties and the host local government shall seek
2502resolution of the issues in dispute. The issues in dispute shall
2503be resolved as follows:
2504     (d)  Within 45 days after receiving the report from the
2505state land planning agency, an administrative law judge of the
2506Division of Administrative Hearings Administration Commission
2507shall take action to resolve the issues in dispute. In deciding
2508upon a proper resolution, the administrative law judge
2509Administration Commission shall consider the nature of the
2510issues in dispute, any requests for a formal administrative
2511hearing pursuant to chapter 120, the compliance of the parties
2512with this section, the extent of the conflict between the
2513parties, the comparative hardships and the public interest
2514involved. If the administrative law judge Administration
2515Commission incorporates in its final order a term or condition
2516that requires any local government to amend its local government
2517comprehensive plan, the local government shall amend its plan
2518within 60 days after the issuance of the order. Such amendment
2519or amendments shall be exempt from the limitation of the
2520frequency of plan amendments contained in s. 163.3187(2), and a
2521public hearing on such amendment or amendments pursuant to s.
2522163.3184(15)(b)1. shall not be required. The final order of the
2523administrative law judge Administration Commission is subject to
2524appeal pursuant to s. 120.68. If the order of the administrative
2525law judge Administration Commission is appealed, the time for
2526the local government to amend its plan shall be tolled during
2527the pendency of any local, state, or federal administrative or
2528judicial proceeding relating to the military base reuse plan.
2529     Section 25.  Subsection (5) of section 369.303, Florida
2530Statutes, is amended to read:
2531     369.303  Definitions.--As used in this part:
2532     (5)  "Land development regulation" means a regulation
2533covered by the definition in s. 163.3164(23) and any of the
2534types of regulations described in s. 163.3202.
2535     Section 26.  Paragraph (b) of subsection (6) of section
2536380.06, Florida Statutes, is amended to read:
2537     380.06  Developments of regional impact.--
2538     (6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
2539PLAN AMENDMENTS.--
2540     (b)  Any local government comprehensive plan amendments
2541related to a proposed development of regional impact, including
2542any changes proposed under subsection (19), may be initiated by
2543a local planning agency or the developer and must be considered
2544by the local governing body at the same time as the application
2545for development approval using the procedures provided for local
2546plan amendment in s. 163.3187 or s. 163.3189 and applicable
2547local ordinances, without regard to statutory or local ordinance
2548limits on the frequency of consideration of amendments to the
2549local comprehensive plan. Nothing in this paragraph shall be
2550deemed to require favorable consideration of a plan amendment
2551solely because it is related to a development of regional
2552impact. The procedure for processing such comprehensive plan
2553amendments is as follows:
2554     1.  If a developer seeks a comprehensive plan amendment
2555related to a development of regional impact, the developer must
2556so notify in writing the regional planning agency, the
2557applicable local government, and the state land planning agency
2558no later than the date of preapplication conference or the
2559submission of the proposed change under subsection (19).
2560     2.  When filing the application for development approval or
2561the proposed change, the developer must include a written
2562request for comprehensive plan amendments that would be
2563necessitated by the development-of-regional-impact approvals
2564sought. That request must include data and analysis upon which
2565the applicable local government can determine whether to
2566transmit the comprehensive plan amendment pursuant to s.
2567163.3184.
2568     3.  The local government must advertise a public hearing on
2569the transmittal within 30 days after filing the application for
2570development approval or the proposed change and must make a
2571determination on the transmittal within 60 days after the
2572initial filing unless that time is extended by the developer.
2573     4.  If the local government approves the transmittal,
2574procedures set forth in s. 163.3184(3)-(6) must be followed.
2575     5.  Notwithstanding subsection (11) or subsection (19), the
2576local government may not hold a public hearing on the
2577application for development approval or the proposed change or
2578on the comprehensive plan amendments sooner than 30 days from
2579receipt of the response from the state land planning agency
2580pursuant to s. 163.3184(6). The 60-day time period for local
2581governments to adopt, adopt with changes, or not adopt plan
2582amendments pursuant to s. 163.3184(7) shall not apply to
2583concurrent plan amendments provided for in this subsection.
2584     6.  The local government must hear both the application for
2585development approval or the proposed change and the
2586comprehensive plan amendments at the same hearing. However, the
2587local government must take action separately on the application
2588for development approval or the proposed change and on the
2589comprehensive plan amendments.
2590     7.  Thereafter, the appeal process for the local government
2591development order must follow the provisions of s. 380.07, and
2592the compliance process for the comprehensive plan amendments
2593must follow the provisions of s. 163.3184.
2594     Section 27.  Paragraph (a) of subsection (8) of section
2595380.061, Florida Statutes, is amended to read:
2596     380.061  The Florida Quality Developments program.--
2597     (8)(a)  Any local government comprehensive plan amendments
2598related to a Florida Quality Development may be initiated by a
2599local planning agency and considered by the local governing body
2600at the same time as the application for development approval,
2601using the procedures provided for local plan amendment in s.
2602163.3187 or s. 163.3189 and applicable local ordinances, without
2603regard to statutory or local ordinance limits on the frequency
2604of consideration of amendments to the local comprehensive plan.
2605Nothing in this subsection shall be construed to require
2606favorable consideration of a Florida Quality Development solely
2607because it is related to a development of regional impact.
2608     Section 28.  Paragraph (a) of subsection (15) of section
2609403.973, Florida Statutes, is amended to read:
2610     403.973  Expedited permitting; comprehensive plan
2611amendments.--
2612     (15)(a)  Challenges to state agency action in the expedited
2613permitting process for projects processed under this section are
2614subject to the summary hearing provisions of s. 120.574, except
2615that the administrative law judge's decision, as provided in s.
2616120.574(2)(f), shall be in the form of a recommended order and
2617shall not constitute the final action of the state agency. In
2618those proceedings where the action of only one agency of the
2619state is challenged, the agency of the state shall issue the
2620final order within 10 working days of receipt of the
2621administrative law judge's recommended order. In those
2622proceedings where the actions of more than one agency of the
2623state are challenged, the Governor shall issue the final order
2624within 10 working days of receipt of the administrative law
2625judge's recommended order. The participating agencies of the
2626state may opt at the preliminary hearing conference to allow the
2627administrative law judge's decision to constitute the final
2628agency action. If a participating local government agrees to
2629participate in the summary hearing provisions of s. 120.574 for
2630purposes of review of local government comprehensive plan
2631amendments, s. 163.3184(9) and (10) apply.
2632     Section 29.  Subsection (16) of section 420.9071, Florida
2633Statutes, is amended to read:
2634     420.9071  Definitions.--As used in ss. 420.907-420.9079,
2635the term:
2636     (16)  "Local housing incentive strategies" means local
2637regulatory reform or incentive programs to encourage or
2638facilitate affordable housing production, which include at a
2639minimum, assurance that permits as defined in s. 163.3164(7) and
2640(8) for affordable housing projects are expedited to a greater
2641degree than other projects; an ongoing process for review of
2642local policies, ordinances, regulations, and plan provisions
2643that increase the cost of housing prior to their adoption; and a
2644schedule for implementing the incentive strategies. Local
2645housing incentive strategies may also include other regulatory
2646reforms, such as those enumerated in s. 420.9076 and adopted by
2647the local governing body.
2648     Section 30.  Paragraph (a) of subsection (4) of section
2649420.9076, Florida Statutes, is amended to read:
2650     420.9076  Adoption of affordable housing incentive
2651strategies; committees.--
2652     (4)  The advisory committee shall review the established
2653policies and procedures, ordinances, land development
2654regulations, and adopted local government comprehensive plan of
2655the appointing local government and shall recommend specific
2656initiatives to encourage or facilitate affordable housing while
2657protecting the ability of the property to appreciate in value.
2658Such recommendations may include the modification or repeal of
2659existing policies, procedures, ordinances, regulations, or plan
2660provisions; the creation of exceptions applicable to affordable
2661housing; or the adoption of new policies, procedures,
2662regulations, ordinances, or plan provisions. At a minimum, each
2663advisory committee shall make recommendations on affordable
2664housing incentives in the following areas:
2665     (a)  The processing of approvals of development orders or
2666permits, as defined in s. 163.3164(7) and (8), for affordable
2667housing projects is expedited to a greater degree than other
2668projects.
2669
2670The advisory committee recommendations must also include other
2671affordable housing incentives identified by the advisory
2672committee.
2673     Section 31.  Subsection (6) of section 1013.30, Florida
2674Statutes, is amended to read:
2675     1013.30  University campus master plans and campus
2676development agreements.--
2677     (6)  Before a campus master plan is adopted, a copy of the
2678draft master plan must be sent for review to the host and any
2679affected local governments, the state land planning agency, the
2680Department of Environmental Protection, the Department of
2681Transportation, the Department of State, the Fish and Wildlife
2682Conservation Commission, and the applicable water management
2683district and regional planning council. These agencies must be
2684given 90 days after receipt of the campus master plans in which
2685to conduct their review and provide comments to the university
2686board of trustees. The commencement of this review period must
2687be advertised in newspapers of general circulation within the
2688host local government and any affected local government to allow
2689for public comment. Following receipt and consideration of all
2690comments, and the holding of at least two public hearings within
2691the host jurisdiction, the university board of trustees shall
2692adopt the campus master plan. It is the intent of the
2693Legislature that the university board of trustees comply with
2694the notice requirements set forth in s. 163.3184(15) to ensure
2695full public participation in this planning process. Campus
2696master plans developed under this section are not rules and are
2697not subject to chapter 120 except as otherwise provided in this
2698section.
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
2702bodies.--
2703     (4)
2704     (c)  If the state land planning agency enters a final order
2705that finds that the interlocal agreement is inconsistent with
2706the requirements of subsection (3) or this subsection, the state
2707land planning agency shall forward it to the Administration
2708Commission, which may impose sanctions against the local
2709government pursuant to s. 163.3184(11) and may impose sanctions
2710against the district school board by directing the Department of
2711Education to withhold an equivalent amount of funds for school
2712construction available pursuant to ss. 1013.65, 1013.68,
27131013.70, and 1013.72.
2714     (5)  If an executed interlocal agreement is not timely
2715submitted to the state land planning agency for review, the
2716state land planning agency shall, within 15 working days after
2717the deadline for submittal, issue to the local government and
2718the district school board a notice to show cause why sanctions
2719should not be imposed for failure to submit an executed
2720interlocal agreement by the deadline established by the agency.
2721The agency shall forward the notice and the responses to the
2722Administration Commission, which may enter a final order citing
2723the failure to comply and imposing sanctions against the local
2724government and district school board by directing the
2725appropriate agencies to withhold at least 5 percent of state
2726funds pursuant to s. 163.3184(11) and by directing the
2727Department of Education to withhold from the district school
2728board at least 5 percent of funds for school construction
2729available pursuant to ss. 1013.65, 1013.68, 1013.70, and
27301013.72.
2731     Section 33.  Section 163.3189, Florida Statutes, is
2732repealed.
2733     Section 34.  This act shall take effect July 1, 2005.


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