1 | A bill to be entitled |
2 | An act relating to growth management; amending s. |
3 | 163.3177, F.S.; deleting a requirement that the entire |
4 | comprehensive plan be financially feasible; specifying |
5 | limitations on challenges to certain changes in a 5-year |
6 | schedule of capital improvements; authorizing local |
7 | governments to continue adopting land use plan amendments |
8 | during challenges to the plan; amending s. 163.3180, F.S.; |
9 | providing that certain local governments are concurrent |
10 | with an adopted transportation improvements plan |
11 | notwithstanding certain improvements not being concurrent; |
12 | providing for a waiver of transportation facilities |
13 | concurrency requirements for certain urban infill, |
14 | redevelopment, and downtown revitalization areas and |
15 | certain built-out municipalities; requiring local |
16 | governments and the Department of Transportation to |
17 | establish a plan for maintaining certain level-of-service |
18 | standards; providing requirements for the waiver for such |
19 | built-out municipalities; exempting certain municipalities |
20 | from certain transportation concurrency requirements; |
21 | deleting record-keeping and reporting requirements related |
22 | to transportation de minimis impacts; providing that |
23 | school capacity is not a basis for finding a comprehensive |
24 | plan amendment not in compliance; deleting a requirement |
25 | to incorporate the school concurrency service areas and |
26 | criteria and standards for establishment of the service |
27 | areas into the local government comprehensive plan; |
28 | amending s. 163.3187, F.S.; authorizing approval of |
29 | certain small scale amendments to a comprehensive plan for |
30 | certain built-out municipalities; providing criteria, |
31 | requirements, and procedures; providing for nonapplication |
32 | under certain circumstances; amending s. 163.3247, F.S.; |
33 | assigning the Century Commission for a Sustainable Florida |
34 | to the Department of Community Affairs for administrative |
35 | and fiscal accountability purposes; requiring the |
36 | commission to develop a budget; providing budget |
37 | requirements; amending s. 339.2819, F.S.; revising |
38 | criteria for matching funds for the Transportation |
39 | Regional Incentive Program; amending s. 380.06, F.S.; |
40 | revising an exemption from development of regional impact |
41 | review for certain developments within an urban service |
42 | boundary; limiting development-of-regional-impact review |
43 | of certain urban service boundaries, urban infill and |
44 | redevelopment areas, and rural land stewardship areas to |
45 | transportation impacts only under certain circumstances; |
46 | providing an effective date. |
47 |
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48 | Be It Enacted by the Legislature of the State of Florida: |
49 |
|
50 | Section 1. Subsection (2) and paragraph (b) of subsection |
51 | (3) of section 163.3177, Florida Statutes, are amended to read: |
52 | 163.3177 Required and optional elements of comprehensive |
53 | plan; studies and surveys.-- |
54 | (2) Coordination of the several elements of the local |
55 | comprehensive plan shall be a major objective of the planning |
56 | process. The several elements of the comprehensive plan shall be |
57 | consistent, and the comprehensive plan shall be financially |
58 | feasible. Financial Feasibility shall be determined using |
59 | professionally accepted methodologies. |
60 | (3) |
61 | (b)1. The capital improvements element shall be reviewed |
62 | on an annual basis and modified as necessary in accordance with |
63 | s. 163.3187 or s. 163.3189 in order to maintain a financially |
64 | feasible 5-year schedule of capital improvements. Corrections |
65 | and modifications concerning costs; revenue sources; or |
66 | acceptance of facilities pursuant to dedications which are |
67 | consistent with the plan may be accomplished by ordinance and |
68 | shall not be deemed to be amendments to the local comprehensive |
69 | plan. A copy of the ordinance shall be transmitted to the state |
70 | land planning agency. An amendment to the comprehensive plan is |
71 | required to update the schedule on an annual basis or to |
72 | eliminate, defer, or delay the construction for any facility |
73 | listed in the 5-year schedule. An affected person may challenge |
74 | the addition of a facility, or the elimination, deferral, or |
75 | delay of a project, only when the facility is first added to the |
76 | 5-year schedule of capital improvements or when the project is |
77 | proposed to be eliminated, deferred, or delayed. All public |
78 | facilities shall be consistent with the capital improvements |
79 | element. Amendments to implement this section must be adopted |
80 | and transmitted no later than December 1, 2007. Thereafter, a |
81 | local government may not amend its future land use map, except |
82 | for plan amendments to meet new requirements under this part and |
83 | emergency amendments pursuant to s. 163.3187(1)(a), after |
84 | December 1, 2007, and every year thereafter, unless and until |
85 | the local government has adopted the annual update and it has |
86 | been transmitted to the state land planning agency. If an |
87 | affected party challenges the 5-year schedule of capital |
88 | improvements, a local government may continue to adopt plan |
89 | amendments to the future land use map during the pendency of the |
90 | challenge and any related litigation. The outcome of a third- |
91 | party challenge to the 5-year schedule of capital improvements |
92 | shall not affect any amendments adopted during the pendency of |
93 | such challenge and any related litigation. |
94 | 2. Capital improvements element amendments adopted after |
95 | the effective date of this act shall require only a single |
96 | public hearing before the governing board which shall be an |
97 | adoption hearing as described in s. 163.3184(7). Such amendments |
98 | are not subject to the requirements of s. 163.3184(3)-(6). |
99 | Section 2. Paragraph (c) of subsection (2), subsection |
100 | (6), and paragraphs (d) and (g) of subsection (13) of section |
101 | 163.3180, Florida Statutes, are amended, and paragraphs (h) and |
102 | (i) are added to subsection (5) of that section, to read: |
103 | 163.3180 Concurrency.-- |
104 | (2) |
105 | (c) Consistent with the public welfare, and except as |
106 | otherwise provided in this section, transportation facilities |
107 | needed to serve new development shall be in place or under |
108 | actual construction within 3 years after the local government |
109 | approves a building permit or its functional equivalent that |
110 | results in traffic generation. However, local governments that |
111 | adopt, in cooperation with the Department of Transportation, a |
112 | 5-year or longer transportation improvements plan for future |
113 | development and make the financial commitments to fund such plan |
114 | shall be deemed concurrent throughout the duration of the plan |
115 | even if, in any particular year, such transportation |
116 | improvements are not concurrent. |
117 | (5) |
118 | (h) It is a high state priority that urban infill and |
119 | redevelopment be promoted and provided incentives. By promoting |
120 | the revitalization of existing communities of this state, a more |
121 | efficient maximization of space and facilities may be achieved |
122 | and urban sprawl discouraged. If a local government creates a |
123 | long-term vision for its community that includes adequate |
124 | funding, services, and multimodal transportation options, the |
125 | transportation facilities concurrency requirements of paragraph |
126 | (2)(c) are waived: |
127 | 1.a. For urban infill and redevelopment areas designated |
128 | in the comprehensive plan under s. 163.2517; or |
129 | b. For areas designated in the comprehensive plan prior to |
130 | January 1, 2006, as urban infill development, urban |
131 | redevelopment, or downtown revitalization. |
132 |
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133 | The local government and the Department of Transportation shall |
134 | cooperatively establish a plan for maintaining the adopted |
135 | level-of-service standards established by the Department of |
136 | Transportation for Strategic Intermodal System facilities, as |
137 | defined in s. 339.64. |
138 | 2. For municipalities that are at least 90 percent built- |
139 | out. For purposes of this exemption: |
140 | a. The term "built-out" means that 90 percent of the |
141 | property within the municipality's boundaries, excluding lands |
142 | that are designated as conservation, preservation, recreation, |
143 | or public facilities categories, have been developed or are the |
144 | subject of an approved development order that has received a |
145 | building permit and the municipality has an average density of |
146 | five units per acre for residential developments. |
147 | b. The municipality must have adopted an ordinance that |
148 | provides the methodology for determining its built-out |
149 | percentage, declares that transportation concurrency |
150 | requirements are waived within its municipal boundary or within |
151 | a designated area of the municipality, and addresses multimodal |
152 | options and strategies, including alternative modes of |
153 | transportation within the municipality. Prior to the adoption of |
154 | the ordinance, the local government shall consult with the |
155 | Department of Transportation to assess the impact that the |
156 | waiver of the transportation concurrency requirements is |
157 | expected to have on the adopted level-of-service standards |
158 | established for Strategic Intermodal System facilities, as |
159 | defined in s. 339.64. Further, the local government shall |
160 | cooperatively establish a plan for maintaining the adopted |
161 | level-of-service standards established by the department for |
162 | Strategic Intermodal System facilities, as described in s. |
163 | 339.64. |
164 | c. If a municipality annexes any property, the |
165 | municipality must recalculate its built-out percentage pursuant |
166 | to the methodology set forth in its ordinance to verify whether |
167 | the annexed property may be included within the exemption. |
168 | d. If transportation concurrency requirements are waived |
169 | under this subparagraph, the municipality must adopt a |
170 | comprehensive plan amendment pursuant to s. 163.3187(1)(c), |
171 | which updates its transportation element to reflect the |
172 | transportation concurrency requirements waiver, and must submit |
173 | a copy of its ordinance, adopted in sub-subparagraph b., to the |
174 | state land planning agency. |
175 | (i) A municipality that has an areawide development of |
176 | regional impact created under s. 380.06(25) or a downtown |
177 | development authority created under 380.06(22) is exempt from |
178 | the requirements of transportation concurrency within the |
179 | designated area if the municipality has not increased the |
180 | boundaries of the development of regional impact after July 1, |
181 | 2005, and adopts a mitigation plan, with funding identified, to |
182 | address transportation deficiencies if one has not been adopted |
183 | as part of the creation of the areawide development of regional |
184 | impact. |
185 | (6) The Legislature finds that a de minimis impact is |
186 | consistent with this part. A de minimis impact is an impact that |
187 | would not affect more than 1 percent of the maximum volume at |
188 | the adopted level of service of the affected transportation |
189 | facility as determined by the local government. No impact will |
190 | be de minimis if the sum of existing roadway volumes and the |
191 | projected volumes from approved projects on a transportation |
192 | facility would exceed 110 percent of the maximum volume at the |
193 | adopted level of service of the affected transportation |
194 | facility; provided however, that an impact of a single family |
195 | home on an existing lot will constitute a de minimis impact on |
196 | all roadways regardless of the level of the deficiency of the |
197 | roadway. Further, no impact will be de minimis if it would |
198 | exceed the adopted level-of-service standard of any affected |
199 | designated hurricane evacuation routes. Each local government |
200 | shall maintain sufficient records to ensure that the 110-percent |
201 | criterion is not exceeded. Each local government shall submit |
202 | annually, with its updated capital improvements element, a |
203 | summary of the de minimis records. If the state land planning |
204 | agency determines that the 110-percent criterion has been |
205 | exceeded, the state land planning agency shall notify the local |
206 | government of the exceedance and that no further de minimis |
207 | exceptions for the applicable roadway may be granted until such |
208 | time as the volume is reduced below the 110 percent. The local |
209 | government shall provide proof of this reduction to the state |
210 | land planning agency before issuing further de minimis |
211 | exceptions. |
212 | (13) School concurrency shall be established on a |
213 | districtwide basis and shall include all public schools in the |
214 | district and all portions of the district, whether located in a |
215 | municipality or an unincorporated area unless exempt from the |
216 | public school facilities element pursuant to s. 163.3177(12). |
217 | The application of school concurrency to development shall be |
218 | based upon the adopted comprehensive plan, as amended. All local |
219 | governments within a county, except as provided in paragraph |
220 | (f), shall adopt and transmit to the state land planning agency |
221 | the necessary plan amendments, along with the interlocal |
222 | agreement, for a compliance review pursuant to s. 163.3184(7) |
223 | and (8). The minimum requirements for school concurrency are the |
224 | following: |
225 | (d) Financial feasibility.--The Legislature recognizes |
226 | that financial feasibility is an important issue because the |
227 | premise of concurrency is that the public facilities will be |
228 | provided in order to achieve and maintain the adopted level-of- |
229 | service standard. This part and chapter 9J-5, Florida |
230 | Administrative Code, contain specific standards to determine the |
231 | financial feasibility of capital programs. These standards were |
232 | adopted to make concurrency more predictable and local |
233 | governments more accountable. |
234 | 1. A comprehensive plan amendment seeking to impose school |
235 | concurrency shall contain appropriate amendments to the capital |
236 | improvements element of the comprehensive plan, consistent with |
237 | the requirements of s. 163.3177(3) and rule 9J-5.016, Florida |
238 | Administrative Code. The capital improvements element shall set |
239 | forth a financially feasible public school capital facilities |
240 | program, established in conjunction with the school board, that |
241 | demonstrates that the adopted level-of-service standards will be |
242 | achieved and maintained. |
243 | 2. Such amendments shall demonstrate that the public |
244 | school capital facilities program meets all of the financial |
245 | feasibility standards of this part and chapter 9J-5, Florida |
246 | Administrative Code, that apply to capital programs which |
247 | provide the basis for mandatory concurrency on other public |
248 | facilities and services. |
249 | 3. When the financial feasibility of a public school |
250 | capital facilities program is evaluated by the state land |
251 | planning agency for purposes of a compliance determination, the |
252 | evaluation shall be based upon the service areas selected by the |
253 | local governments and school board. |
254 | 4. School capacity shall not be the basis to find any |
255 | amendment to a local government comprehensive plan not in |
256 | compliance pursuant to s. 163.3184 until the date established |
257 | pursuant to s. 163.3177(12)(i), provided data and analysis are |
258 | submitted to the state land planning agency demonstrating |
259 | coordination between the school board and the local government |
260 | to plan on addressing capacity issues. |
261 | (g) Interlocal agreement for school concurrency.--When |
262 | establishing concurrency requirements for public schools, a |
263 | local government must enter into an interlocal agreement that |
264 | satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and |
265 | 163.31777 and the requirements of this subsection. The |
266 | interlocal agreement shall acknowledge both the school board's |
267 | constitutional and statutory obligations to provide a uniform |
268 | system of free public schools on a countywide basis, and the |
269 | land use authority of local governments, including their |
270 | authority to approve or deny comprehensive plan amendments and |
271 | development orders. The interlocal agreement shall be submitted |
272 | to the state land planning agency by the local government as a |
273 | part of the compliance review, along with the other necessary |
274 | amendments to the comprehensive plan required by this part. In |
275 | addition to the requirements of ss. 163.3177(6)(h) and |
276 | 163.31777, the interlocal agreement shall meet the following |
277 | requirements: |
278 | 1. Establish the mechanisms for coordinating the |
279 | development, adoption, and amendment of each local government's |
280 | public school facilities element with each other and the plans |
281 | of the school board to ensure a uniform districtwide school |
282 | concurrency system. |
283 | 2. Establish a process for the development of siting |
284 | criteria which encourages the location of public schools |
285 | proximate to urban residential areas to the extent possible and |
286 | seeks to collocate schools with other public facilities such as |
287 | parks, libraries, and community centers to the extent possible. |
288 | 3. Specify uniform, districtwide level-of-service |
289 | standards for public schools of the same type and the process |
290 | for modifying the adopted level-of-service standards. |
291 | 4. Establish a process for the preparation, amendment, and |
292 | joint approval by each local government and the school board of |
293 | a public school capital facilities program which is financially |
294 | feasible, and a process and schedule for incorporation of the |
295 | public school capital facilities program into the local |
296 | government comprehensive plans on an annual basis. |
297 | 5. Define the geographic application of school |
298 | concurrency. If school concurrency is to be applied on a less |
299 | than districtwide basis in the form of concurrency service |
300 | areas, the agreement shall establish criteria and standards for |
301 | the establishment and modification of school concurrency service |
302 | areas. The agreement shall also establish a process and schedule |
303 | for the mandatory incorporation of the school concurrency |
304 | service areas and the criteria and standards for establishment |
305 | of the service areas into the local government comprehensive |
306 | plans. The agreement shall ensure maximum utilization of school |
307 | capacity, taking into account transportation costs and court- |
308 | approved desegregation plans, as well as other factors. The |
309 | agreement shall also ensure the achievement and maintenance of |
310 | the adopted level-of-service standards for the geographic area |
311 | of application throughout the 5 years covered by the public |
312 | school capital facilities plan and thereafter by adding a new |
313 | fifth year during the annual update. |
314 | 6. Establish a uniform districtwide procedure for |
315 | implementing school concurrency which provides for: |
316 | a. The evaluation of development applications for |
317 | compliance with school concurrency requirements, including |
318 | information provided by the school board on affected schools, |
319 | impact on levels of service, and programmed improvements for |
320 | affected schools and any options to provide sufficient capacity; |
321 | b. An opportunity for the school board to review and |
322 | comment on the effect of comprehensive plan amendments and |
323 | rezonings on the public school facilities plan; and |
324 | c. The monitoring and evaluation of the school concurrency |
325 | system. |
326 | 7. Include provisions relating to amendment of the |
327 | agreement. |
328 | 8. A process and uniform methodology for determining |
329 | proportionate-share mitigation pursuant to subparagraph (e)1. |
330 | Section 3. Paragraph (p) is added to subsection (1) of |
331 | section 163.3187, Florida Statutes, to read: |
332 | 163.3187 Amendment of adopted comprehensive plan.-- |
333 | (1) Amendments to comprehensive plans adopted pursuant to |
334 | this part may be made not more than two times during any |
335 | calendar year, except: |
336 | (p)1. For municipalities that are more than 90 percent |
337 | built-out, any municipality's comprehensive plan amendments may |
338 | be approved without regard to limits imposed by law on the |
339 | frequency of consideration of amendments to the local |
340 | comprehensive plan only if the proposed amendment involves a use |
341 | of 100 acres or fewer and: |
342 | a. The cumulative annual effect of the acreage for all |
343 | amendments adopted pursuant to this paragraph does not exceed |
344 | 500 acres. |
345 | b. The proposed amendment does not involve the same |
346 | property granted a change within the prior 12 months. |
347 | c. The proposed amendment does not involve the same |
348 | owner's property within 200 feet of property granted a change |
349 | within the prior 12 months. |
350 | d. The proposed amendment does not involve a text change |
351 | to the goals, policies, and objectives of the local government's |
352 | comprehensive plan but only proposes a land use change to the |
353 | future land use map for a site-specific small scale development |
354 | activity. |
355 | e. The property that is the subject of the proposed |
356 | amendment is not located within an area of critical state |
357 | concern. |
358 | 2. For purposes of this paragraph, the term "built-out" |
359 | means 90 percent of the property within the municipality's |
360 | boundaries, excluding lands that are designated as conservation, |
361 | preservation, recreation, or public facilities categories, have |
362 | been developed or are the subject of an approved development |
363 | order that has received a building permit and the municipality |
364 | has an average density of five units per acre for residential |
365 | development. |
366 | 3.a. A local government that proposes to consider a plan |
367 | amendment pursuant to this paragraph is not required to comply |
368 | with the procedures and public notice requirements of s. |
369 | 163.3184(15)(c) for such plan amendments if the local government |
370 | complies with the provisions of s. 166.041(3)(c). If a request |
371 | for a plan amendment under this paragraph is initiated by other |
372 | than the local government, public notice of the amendment is |
373 | required. |
374 | b. The local government shall send copies of the notice |
375 | and amendment to the state land planning agency, the regional |
376 | planning council, and any other person or entity requesting a |
377 | copy. This information shall also include a statement |
378 | identifying any property subject to the amendment that is |
379 | located within a coastal high hazard area as identified in the |
380 | local comprehensive plan. |
381 | 4. Amendments adopted pursuant to this paragraph require |
382 | only one public hearing before the governing board, which shall |
383 | be an adoption hearing as described in s. 163.3184(7), and are |
384 | not subject to the requirements of s. 163.3184(3)-(6) unless the |
385 | local government elects to have them subject to those |
386 | requirements. |
387 | 5. This paragraph shall not apply if a municipality |
388 | annexes unincorporated property that decreases the percentage of |
389 | build-out to an amount below 90 percent. |
390 | 6. A municipality shall notify the state land planning |
391 | agency in writing of the municipality's built-out percentage |
392 | prior to the submission of any comprehensive plan amendments |
393 | under this subsection. |
394 | Section 4. Paragraphs (h) and (i) are added to subsection |
395 | (4) of section 163.3247, Florida Statutes, to read: |
396 | 163.3247 Century Commission for a Sustainable Florida.-- |
397 | (4) POWERS AND DUTIES.--The commission shall: |
398 | (h) Be assigned to the Office of the Secretary of the |
399 | Department of Community Affairs for administrative and fiscal |
400 | accountability purposes but shall otherwise function |
401 | independently of the control and direction of the department. |
402 | (i) Develop a budget pursuant to chapter 216. The budget |
403 | is not subject to change by the department but shall be |
404 | submitted to the Governor together with the department's budget. |
405 | Section 5. Subsection (2) of section 339.2819, Florida |
406 | Statutes, is amended to read: |
407 | 339.2819 Transportation Regional Incentive Program.-- |
408 | (2) The percentage of matching funds provided from the |
409 | Transportation Regional Incentive Program shall be 50 percent of |
410 | project costs, or up to 50 percent of the nonfederal share of |
411 | the eligible project cost for a public transportation facility |
412 | project. |
413 | Section 6. Paragraphs (l) and (n) of subsection (24) of |
414 | section 380.06, Florida Statutes, are amended, and subsection |
415 | (28) is added to that section, to read: |
416 | 380.06 Developments of regional impact.-- |
417 | (24) STATUTORY EXEMPTIONS.-- |
418 | (l) Any proposed development within an urban service |
419 | boundary established under s. 163.3177(14) is exempt from the |
420 | provisions of this section if the local government having |
421 | jurisdiction over the area where the development is proposed has |
422 | adopted the urban service boundary, and has entered into a |
423 | binding agreement with adjacent jurisdictions that would be |
424 | impacted and with the Department of Transportation regarding the |
425 | mitigation of impacts on state and regional transportation |
426 | facilities, and has adopted a proportionate share methodology |
427 | pursuant to s. 163.3180(16). |
428 | (n) Any proposed development or redevelopment within an |
429 | area designated as an urban infill and redevelopment area under |
430 | s. 163.2517 is exempt from the provisions of this section if the |
431 | local government has entered into a binding agreement with |
432 | jurisdictions that would be impacted and the Department of |
433 | Transportation regarding the mitigation of impacts on state and |
434 | regional transportation facilities, and has adopted a |
435 | proportionate share methodology pursuant to s. 163.3180(16). |
436 | (28) PARTIAL STATUTORY EXEMPTIONS.-- |
437 | (a) If the binding agreement referenced under paragraph |
438 | (24)(l) for urban service boundaries is not entered into within |
439 | 12 months after establishment of the urban service boundary, the |
440 | development-of-regional-impact review for projects within the |
441 | urban service boundary must address transportation impacts only. |
442 | (b) If the binding agreement referenced under paragraph |
443 | (24)(n) for designated urban infill and redevelopment areas is |
444 | not entered into within 12 months after the designation of the |
445 | area or July 1, 2007, whichever occurs later, the development- |
446 | of-regional-impact review for projects within the urban infill |
447 | and redevelopment area must address transportation impacts only. |
448 | (c) If the binding agreement referenced under paragraph |
449 | (24)(m) for rural land stewardship areas is not entered into |
450 | within 12 months after the designation of a rural land |
451 | stewardship area, the development-of-regional-impact review for |
452 | projects within the rural land stewardship area must address |
453 | transportation impacts only. |
454 | (d) A local government that does not wish to enter into a |
455 | binding agreement or that is unable to agree on the terms of the |
456 | agreement referenced under paragraph (24)(l), paragraph (24)(m), |
457 | or paragraph (24)(n) shall provide written notification to the |
458 | state land planning agency of the desire not to enter into a |
459 | binding agreement or a failure to enter into a binding agreement |
460 | within the 12-month period referenced in paragraph (a), |
461 | paragraph (b), or paragraph (c). Following the notification of |
462 | the state land planning agency, the development-of-regional- |
463 | impact review for projects within the urban service boundary |
464 | under paragraph (24)(l), within a rural land stewardship area |
465 | under paragraph (24)(m), or for an urban infill and |
466 | redevelopment area under paragraph (24)(n) must address |
467 | transportation impacts only. |
468 | Section 7. This act shall take effect July 1, 2006. |