HB 7253

1
A bill to be entitled
2An act relating to growth management; amending s.
3163.3177, F.S.; deleting a requirement that the entire
4comprehensive plan be financially feasible; specifying
5limitations on challenges to certain changes in a 5-year
6schedule of capital improvements; authorizing local
7governments to continue adopting land use plan amendments
8during challenges to the plan; amending s. 163.3180, F.S.;
9providing that certain local governments are concurrent
10with an adopted transportation improvements plan
11notwithstanding certain improvements not being concurrent;
12providing for a waiver of transportation facilities
13concurrency requirements for certain urban infill,
14redevelopment, and downtown revitalization areas and
15certain built-out municipalities; requiring local
16governments and the Department of Transportation to
17establish a plan for maintaining certain level-of-service
18standards; providing requirements for the waiver for such
19built-out municipalities; exempting certain municipalities
20from certain transportation concurrency requirements;
21deleting record-keeping and reporting requirements related
22to transportation de minimis impacts; providing that
23school capacity is not a basis for finding a comprehensive
24plan amendment not in compliance; deleting a requirement
25to incorporate the school concurrency service areas and
26criteria and standards for establishment of the service
27areas into the local government comprehensive plan;
28amending s. 163.3187, F.S.; authorizing approval of
29certain small scale amendments to a comprehensive plan for
30certain built-out municipalities; providing criteria,
31requirements, and procedures; providing for nonapplication
32under certain circumstances; amending s. 163.3247, F.S.;
33assigning the Century Commission for a Sustainable Florida
34to the Department of Community Affairs for administrative
35and fiscal accountability purposes; requiring the
36commission to develop a budget; providing budget
37requirements; amending s. 339.2819, F.S.; revising
38criteria for matching funds for the Transportation
39Regional Incentive Program; amending s. 380.06, F.S.;
40revising an exemption from development of regional impact
41review for certain developments within an urban service
42boundary; limiting development-of-regional-impact review
43of certain urban service boundaries, urban infill and
44redevelopment areas, and rural land stewardship areas to
45transportation impacts only under certain circumstances;
46providing an effective date.
47
48Be 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
53plan; studies and surveys.--
54     (2)  Coordination of the several elements of the local
55comprehensive plan shall be a major objective of the planning
56process. The several elements of the comprehensive plan shall be
57consistent, and the comprehensive plan shall be financially
58feasible. Financial Feasibility shall be determined using
59professionally accepted methodologies.
60     (3)
61     (b)1.  The capital improvements element shall be reviewed
62on an annual basis and modified as necessary in accordance with
63s. 163.3187 or s. 163.3189 in order to maintain a financially
64feasible 5-year schedule of capital improvements. Corrections
65and modifications concerning costs; revenue sources; or
66acceptance of facilities pursuant to dedications which are
67consistent with the plan may be accomplished by ordinance and
68shall not be deemed to be amendments to the local comprehensive
69plan. A copy of the ordinance shall be transmitted to the state
70land planning agency. An amendment to the comprehensive plan is
71required to update the schedule on an annual basis or to
72eliminate, defer, or delay the construction for any facility
73listed in the 5-year schedule. An affected person may challenge
74the addition of a facility, or the elimination, deferral, or
75delay of a project, only when the facility is first added to the
765-year schedule of capital improvements or when the project is
77proposed to be eliminated, deferred, or delayed. All public
78facilities shall be consistent with the capital improvements
79element. Amendments to implement this section must be adopted
80and transmitted no later than December 1, 2007. Thereafter, a
81local government may not amend its future land use map, except
82for plan amendments to meet new requirements under this part and
83emergency amendments pursuant to s. 163.3187(1)(a), after
84December 1, 2007, and every year thereafter, unless and until
85the local government has adopted the annual update and it has
86been transmitted to the state land planning agency. If an
87affected party challenges the 5-year schedule of capital
88improvements, a local government may continue to adopt plan
89amendments to the future land use map during the pendency of the
90challenge and any related litigation. The outcome of a third-
91party challenge to the 5-year schedule of capital improvements
92shall not affect any amendments adopted during the pendency of
93such challenge and any related litigation.
94     2.  Capital improvements element amendments adopted after
95the effective date of this act shall require only a single
96public hearing before the governing board which shall be an
97adoption hearing as described in s. 163.3184(7). Such amendments
98are 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
101163.3180, 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
106otherwise provided in this section, transportation facilities
107needed to serve new development shall be in place or under
108actual construction within 3 years after the local government
109approves a building permit or its functional equivalent that
110results in traffic generation. However, local governments that
111adopt, in cooperation with the Department of Transportation, a
1125-year or longer transportation improvements plan for future
113development and make the financial commitments to fund such plan
114shall be deemed concurrent throughout the duration of the plan
115even if, in any particular year, such transportation
116improvements are not concurrent.
117     (5)
118     (h)  It is a high state priority that urban infill and
119redevelopment be promoted and provided incentives. By promoting
120the revitalization of existing communities of this state, a more
121efficient maximization of space and facilities may be achieved
122and urban sprawl discouraged. If a local government creates a
123long-term vision for its community that includes adequate
124funding, services, and multimodal transportation options, the
125transportation facilities concurrency requirements of paragraph
126(2)(c) are waived:
127     1.a.  For urban infill and redevelopment areas designated
128in the comprehensive plan under s. 163.2517; or
129     b.  For areas designated in the comprehensive plan prior to
130January 1, 2006, as urban infill development, urban
131redevelopment, or downtown revitalization.
132
133The local government and the Department of Transportation shall
134cooperatively establish a plan for maintaining the adopted
135level-of-service standards established by the Department of
136Transportation for Strategic Intermodal System facilities, as
137defined in s. 339.64.
138     2.  For municipalities that are at least 90 percent built-
139out. For purposes of this exemption:
140     a.  The term "built-out" means that 90 percent of the
141property within the municipality's boundaries, excluding lands
142that are designated as conservation, preservation, recreation,
143or public facilities categories, have been developed or are the
144subject of an approved development order that has received a
145building permit and the municipality has an average density of
146five units per acre for residential developments.
147     b.  The municipality must have adopted an ordinance that
148provides the methodology for determining its built-out
149percentage, declares that transportation concurrency
150requirements are waived within its municipal boundary or within
151a designated area of the municipality, and addresses multimodal
152options and strategies, including alternative modes of
153transportation within the municipality. Prior to the adoption of
154the ordinance, the local government shall consult with the
155Department of Transportation to assess the impact that the
156waiver of the transportation concurrency requirements is
157expected to have on the adopted level-of-service standards
158established for Strategic Intermodal System facilities, as
159defined in s. 339.64. Further, the local government shall
160cooperatively establish a plan for maintaining the adopted
161level-of-service standards established by the department for
162Strategic Intermodal System facilities, as described in s.
163339.64.
164     c.  If a municipality annexes any property, the
165municipality must recalculate its built-out percentage pursuant
166to the methodology set forth in its ordinance to verify whether
167the annexed property may be included within the exemption.
168     d.  If transportation concurrency requirements are waived
169under this subparagraph, the municipality must adopt a
170comprehensive plan amendment pursuant to s. 163.3187(1)(c),
171which updates its transportation element to reflect the
172transportation concurrency requirements waiver, and must submit
173a copy of its ordinance, adopted in sub-subparagraph b., to the
174state land planning agency.
175     (i)  A municipality that has an areawide development of
176regional impact created under s. 380.06(25) or a downtown
177development authority created under 380.06(22) is exempt from
178the requirements of transportation concurrency within the
179designated area if the municipality has not increased the
180boundaries of the development of regional impact after July 1,
1812005, and adopts a mitigation plan, with funding identified, to
182address transportation deficiencies if one has not been adopted
183as part of the creation of the areawide development of regional
184impact.
185     (6)  The Legislature finds that a de minimis impact is
186consistent with this part. A de minimis impact is an impact that
187would not affect more than 1 percent of the maximum volume at
188the adopted level of service of the affected transportation
189facility as determined by the local government. No impact will
190be de minimis if the sum of existing roadway volumes and the
191projected volumes from approved projects on a transportation
192facility would exceed 110 percent of the maximum volume at the
193adopted level of service of the affected transportation
194facility; provided however, that an impact of a single family
195home on an existing lot will constitute a de minimis impact on
196all roadways regardless of the level of the deficiency of the
197roadway. Further, no impact will be de minimis if it would
198exceed the adopted level-of-service standard of any affected
199designated hurricane evacuation routes. Each local government
200shall maintain sufficient records to ensure that the 110-percent
201criterion is not exceeded. Each local government shall submit
202annually, with its updated capital improvements element, a
203summary of the de minimis records. If the state land planning
204agency determines that the 110-percent criterion has been
205exceeded, the state land planning agency shall notify the local
206government of the exceedance and that no further de minimis
207exceptions for the applicable roadway may be granted until such
208time as the volume is reduced below the 110 percent. The local
209government shall provide proof of this reduction to the state
210land planning agency before issuing further de minimis
211exceptions.
212     (13)  School concurrency shall be established on a
213districtwide basis and shall include all public schools in the
214district and all portions of the district, whether located in a
215municipality or an unincorporated area unless exempt from the
216public school facilities element pursuant to s. 163.3177(12).
217The application of school concurrency to development shall be
218based upon the adopted comprehensive plan, as amended. All local
219governments within a county, except as provided in paragraph
220(f), shall adopt and transmit to the state land planning agency
221the necessary plan amendments, along with the interlocal
222agreement, for a compliance review pursuant to s. 163.3184(7)
223and (8). The minimum requirements for school concurrency are the
224following:
225     (d)  Financial feasibility.--The Legislature recognizes
226that financial feasibility is an important issue because the
227premise of concurrency is that the public facilities will be
228provided in order to achieve and maintain the adopted level-of-
229service standard. This part and chapter 9J-5, Florida
230Administrative Code, contain specific standards to determine the
231financial feasibility of capital programs. These standards were
232adopted to make concurrency more predictable and local
233governments more accountable.
234     1.  A comprehensive plan amendment seeking to impose school
235concurrency shall contain appropriate amendments to the capital
236improvements element of the comprehensive plan, consistent with
237the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
238Administrative Code. The capital improvements element shall set
239forth a financially feasible public school capital facilities
240program, established in conjunction with the school board, that
241demonstrates that the adopted level-of-service standards will be
242achieved and maintained.
243     2.  Such amendments shall demonstrate that the public
244school capital facilities program meets all of the financial
245feasibility standards of this part and chapter 9J-5, Florida
246Administrative Code, that apply to capital programs which
247provide the basis for mandatory concurrency on other public
248facilities and services.
249     3.  When the financial feasibility of a public school
250capital facilities program is evaluated by the state land
251planning agency for purposes of a compliance determination, the
252evaluation shall be based upon the service areas selected by the
253local governments and school board.
254     4.  School capacity shall not be the basis to find any
255amendment to a local government comprehensive plan not in
256compliance pursuant to s. 163.3184 until the date established
257pursuant to s. 163.3177(12)(i), provided data and analysis are
258submitted to the state land planning agency demonstrating
259coordination between the school board and the local government
260to plan on addressing capacity issues.
261     (g)  Interlocal agreement for school concurrency.--When
262establishing concurrency requirements for public schools, a
263local government must enter into an interlocal agreement that
264satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
265163.31777 and the requirements of this subsection. The
266interlocal agreement shall acknowledge both the school board's
267constitutional and statutory obligations to provide a uniform
268system of free public schools on a countywide basis, and the
269land use authority of local governments, including their
270authority to approve or deny comprehensive plan amendments and
271development orders. The interlocal agreement shall be submitted
272to the state land planning agency by the local government as a
273part of the compliance review, along with the other necessary
274amendments to the comprehensive plan required by this part. In
275addition to the requirements of ss. 163.3177(6)(h) and
276163.31777, the interlocal agreement shall meet the following
277requirements:
278     1.  Establish the mechanisms for coordinating the
279development, adoption, and amendment of each local government's
280public school facilities element with each other and the plans
281of the school board to ensure a uniform districtwide school
282concurrency system.
283     2.  Establish a process for the development of siting
284criteria which encourages the location of public schools
285proximate to urban residential areas to the extent possible and
286seeks to collocate schools with other public facilities such as
287parks, libraries, and community centers to the extent possible.
288     3.  Specify uniform, districtwide level-of-service
289standards for public schools of the same type and the process
290for modifying the adopted level-of-service standards.
291     4.  Establish a process for the preparation, amendment, and
292joint approval by each local government and the school board of
293a public school capital facilities program which is financially
294feasible, and a process and schedule for incorporation of the
295public school capital facilities program into the local
296government comprehensive plans on an annual basis.
297     5.  Define the geographic application of school
298concurrency. If school concurrency is to be applied on a less
299than districtwide basis in the form of concurrency service
300areas, the agreement shall establish criteria and standards for
301the establishment and modification of school concurrency service
302areas. The agreement shall also establish a process and schedule
303for the mandatory incorporation of the school concurrency
304service areas and the criteria and standards for establishment
305of the service areas into the local government comprehensive
306plans. The agreement shall ensure maximum utilization of school
307capacity, taking into account transportation costs and court-
308approved desegregation plans, as well as other factors. The
309agreement shall also ensure the achievement and maintenance of
310the adopted level-of-service standards for the geographic area
311of application throughout the 5 years covered by the public
312school capital facilities plan and thereafter by adding a new
313fifth year during the annual update.
314     6.  Establish a uniform districtwide procedure for
315implementing school concurrency which provides for:
316     a.  The evaluation of development applications for
317compliance with school concurrency requirements, including
318information provided by the school board on affected schools,
319impact on levels of service, and programmed improvements for
320affected schools and any options to provide sufficient capacity;
321     b.  An opportunity for the school board to review and
322comment on the effect of comprehensive plan amendments and
323rezonings on the public school facilities plan; and
324     c.  The monitoring and evaluation of the school concurrency
325system.
326     7.  Include provisions relating to amendment of the
327agreement.
328     8.  A process and uniform methodology for determining
329proportionate-share mitigation pursuant to subparagraph (e)1.
330     Section 3.  Paragraph (p) is added to subsection (1) of
331section 163.3187, Florida Statutes, to read:
332     163.3187  Amendment of adopted comprehensive plan.--
333     (1)  Amendments to comprehensive plans adopted pursuant to
334this part may be made not more than two times during any
335calendar year, except:
336     (p)1.  For municipalities that are more than 90 percent
337built-out, any municipality's comprehensive plan amendments may
338be approved without regard to limits imposed by law on the
339frequency of consideration of amendments to the local
340comprehensive plan only if the proposed amendment involves a use
341of 100 acres or fewer and:
342     a.  The cumulative annual effect of the acreage for all
343amendments adopted pursuant to this paragraph does not exceed
344500 acres.
345     b.  The proposed amendment does not involve the same
346property granted a change within the prior 12 months.
347     c.  The proposed amendment does not involve the same
348owner's property within 200 feet of property granted a change
349within the prior 12 months.
350     d.  The proposed amendment does not involve a text change
351to the goals, policies, and objectives of the local government's
352comprehensive plan but only proposes a land use change to the
353future land use map for a site-specific small scale development
354activity.
355     e.  The property that is the subject of the proposed
356amendment is not located within an area of critical state
357concern.
358     2.  For purposes of this paragraph, the term "built-out"
359means 90 percent of the property within the municipality's
360boundaries, excluding lands that are designated as conservation,
361preservation, recreation, or public facilities categories, have
362been developed or are the subject of an approved development
363order that has received a building permit and the municipality
364has an average density of five units per acre for residential
365development.
366     3.a.  A local government that proposes to consider a plan
367amendment pursuant to this paragraph is not required to comply
368with the procedures and public notice requirements of s.
369163.3184(15)(c) for such plan amendments if the local government
370complies with the provisions of s. 166.041(3)(c). If a request
371for a plan amendment under this paragraph is initiated by other
372than the local government, public notice of the amendment is
373required.
374     b.  The local government shall send copies of the notice
375and amendment to the state land planning agency, the regional
376planning council, and any other person or entity requesting a
377copy. This information shall also include a statement
378identifying any property subject to the amendment that is
379located within a coastal high hazard area as identified in the
380local comprehensive plan.
381     4.  Amendments adopted pursuant to this paragraph require
382only one public hearing before the governing board, which shall
383be an adoption hearing as described in s. 163.3184(7), and are
384not subject to the requirements of s. 163.3184(3)-(6) unless the
385local government elects to have them subject to those
386requirements.
387     5.  This paragraph shall not apply if a municipality
388annexes unincorporated property that decreases the percentage of
389build-out to an amount below 90 percent.
390     6.  A municipality shall notify the state land planning
391agency in writing of the municipality's built-out percentage
392prior to the submission of any comprehensive plan amendments
393under 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
399Department of Community Affairs for administrative and fiscal
400accountability purposes but shall otherwise function
401independently of the control and direction of the department.
402     (i)  Develop a budget pursuant to chapter 216. The budget
403is not subject to change by the department but shall be
404submitted to the Governor together with the department's budget.
405     Section 5.  Subsection (2) of section 339.2819, Florida
406Statutes, is amended to read:
407     339.2819  Transportation Regional Incentive Program.--
408     (2)  The percentage of matching funds provided from the
409Transportation Regional Incentive Program shall be 50 percent of
410project costs, or up to 50 percent of the nonfederal share of
411the eligible project cost for a public transportation facility
412project.
413     Section 6.  Paragraphs (l) and (n) of subsection (24) of
414section 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
419boundary established under s. 163.3177(14) is exempt from the
420provisions of this section if the local government having
421jurisdiction over the area where the development is proposed has
422adopted the urban service boundary, and has entered into a
423binding agreement with adjacent jurisdictions that would be
424impacted and with the Department of Transportation regarding the
425mitigation of impacts on state and regional transportation
426facilities, and has adopted a proportionate share methodology
427pursuant to s. 163.3180(16).
428     (n)  Any proposed development or redevelopment within an
429area designated as an urban infill and redevelopment area under
430s. 163.2517 is exempt from the provisions of this section if the
431local government has entered into a binding agreement with
432jurisdictions that would be impacted and the Department of
433Transportation regarding the mitigation of impacts on state and
434regional transportation facilities, and has adopted a
435proportionate 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
43912 months after establishment of the urban service boundary, the
440development-of-regional-impact review for projects within the
441urban 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
444not entered into within 12 months after the designation of the
445area or July 1, 2007, whichever occurs later, the development-
446of-regional-impact review for projects within the urban infill
447and 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
450within 12 months after the designation of a rural land
451stewardship area, the development-of-regional-impact review for
452projects within the rural land stewardship area must address
453transportation impacts only.
454     (d)  A local government that does not wish to enter into a
455binding agreement or that is unable to agree on the terms of the
456agreement referenced under paragraph (24)(l), paragraph (24)(m),
457or paragraph (24)(n) shall provide written notification to the
458state land planning agency of the desire not to enter into a
459binding agreement or a failure to enter into a binding agreement
460within the 12-month period referenced in paragraph (a),
461paragraph (b), or paragraph (c). Following the notification of
462the state land planning agency, the development-of-regional-
463impact review for projects within the urban service boundary
464under paragraph (24)(l), within a rural land stewardship area
465under paragraph (24)(m), or for an urban infill and
466redevelopment area under paragraph (24)(n) must address
467transportation impacts only.
468     Section 7.  This act shall take effect July 1, 2006.


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