HB 7203

1
A bill to be entitled
2An act relating to growth management; amending s.
3163.3164, F.S.; revising definitions; amending s.
4163.3177, F.S.; revising certain criteria and requirements
5for elements of comprehensive plans; providing criteria
6for determining financial feasibility of comprehensive
7plans; amending s. 163.3180, F.S.; revising application of
8concurrency requirements to public transit facilities;
9revising certain transportation concurrency requirements
10relating to concurrency exception areas, developments of
11regional impact, and schools; providing application to
12Florida Quality Developments and certain areas; revising
13proportionate fair-share mitigation criteria; creating s.
14163.3182, F.S.; providing a short title; providing
15definitions; authorizing counties and municipalities to
16create a transportation concurrency backlog authority
17under certain circumstances; providing powers and
18responsibilities of such authorities; requiring adoption
19of a transportation concurrency backlog plan; specifying
20plan requirements; requiring such authorities to establish
21a trust fund for certain purposes; providing for
22administration of the fund; providing for funding of such
23trust fund by an ad valorem tax increment; exempting
24certain districts and taxing authorities from
25participating in certain transportation concurrency
26funding requirements; providing criteria for satisfying
27transportation concurrency requirements; providing for
28dissolution of transportation concurrency backlog
29authorities; amending s. 163.3187, F.S.; revising a
30criterion for application of amendments to certain small
31scale developments; amending s. 163.3191, F.S.; providing
32for nonapplication of a prohibition against certain
33proposed plan amendments to allow for integration of a
34port master plan in the coastal management plan element
35under certain conditions; amending s. 163.3229, F.S.;
36extending a time limitation on duration of development
37agreements; creating s. 163.32465, F.S.; providing for a
38pilot program to provide a plan review process for certain
39densely developed areas; providing legislative findings;
40providing for exempting certain local governments from
41compliance review by the state land planning agency;
42authorizing certain municipalities to not participate in
43the program; providing procedures and requirements for
44adopting comprehensive plan amendments in such areas;
45requiring public hearings; providing hearing requirements;
46providing requirements for local government transmittal of
47proposed plan amendments; providing for intergovernmental
48review; providing for regional, county, and municipal
49review; providing requirements for local government review
50of certain comments; providing requirements for adoption
51and transmittal of plan amendments; providing procedures
52and requirements for challenges to compliance of adopted
53plan amendments; providing for administrative hearings;
54providing for applicability of program provisions;
55providing for technical assistance by the state land
56planning agency; requiring the Legislative Committee on
57Intergovernmental Relations to evaluate the pilot program
58and prepare and submit a report to the Governor and
59Legislature; providing report requirements; amending s.
60380.06, F.S.; extending development-of-regional-impact
61phase and buildout dates for certain projects under
62construction; providing that such extensions are not
63substantial deviations and do not subject such projects to
64further review; providing an effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Subsections (26) and (32) of section 163.3164,
69Florida Statutes, are amended to read:
70     163.3164  Local Government Comprehensive Planning and Land
71Development Regulation Act; definitions.--As used in this act:
72     (26)  "Urban redevelopment" means demolition and
73reconstruction or substantial renovation of existing buildings
74or infrastructure within urban infill areas, or existing urban
75service areas, or community redevelopment areas created pursuant
76to part III of this chapter.
77     (32)  "Financial feasibility" means that sufficient
78revenues are currently available or will be available from
79committed funding sources for the first 3 years, or will be
80available from committed or planned funding sources for years 4
81and 5, of a 5-year capital improvement schedule for financing
82capital improvements, such as ad valorem taxes, bonds, state and
83federal funds, tax revenues, impact fees, and developer
84contributions, which are adequate to fund the projected costs of
85the capital improvements identified in the comprehensive plan
86necessary to ensure that adopted level-of-service standards are
87achieved and maintained within the period covered by the 5-year
88schedule of capital improvements. A comprehensive plan shall be
89deemed financially feasible for transportation and school
90facilities throughout the planning period addressed by the
91capital improvements schedule if it can be demonstrated that the
92level of service standards will be achieved and maintained by
93the end of the planning period even if in a particular year such
94improvements are not concurrent as required by s. 163.3180. The
95requirement that level-of-service standards be achieved and
96maintained shall not apply if the proportionate-share process
97set forth in s. 163.3180(12) and (16) is used.
98     Section 2.  Subsections (2) and (3) of section 163.3177,
99Florida Statutes, are amended to read:
100     163.3177  Required and optional elements of comprehensive
101plan; studies and surveys.--
102     (2)  Coordination of the several elements of the local
103comprehensive plan shall be a major objective of the planning
104process. The several elements of the comprehensive plan shall be
105consistent, and the comprehensive plan shall be financially
106feasible. Financial feasibility shall be determined using
107professionally accepted methodologies and shall apply to the 5-
108year planning period, except in the case of a long-term
109transportation or school concurrency management system, in which
110case financial feasibility requirements shall apply to the 10-
111year period or 15-year period.
112     (3)(a)  The comprehensive plan shall contain a capital
113improvements element designed to consider the need for and the
114location of public facilities in order to encourage the
115efficient utilization of such facilities and set forth:
116     1.  A component which outlines principles for construction,
117extension, or increase in capacity of public facilities, as well
118as a component which outlines principles for correcting existing
119public facility deficiencies, which are necessary to implement
120the comprehensive plan. The components shall cover at least a 5-
121year period.
122     2.  Estimated public facility costs, including a
123delineation of when facilities will be needed, the general
124location of the facilities, and projected revenue sources to
125fund the facilities.
126     3.  Standards to ensure the availability of public
127facilities and the adequacy of those facilities including
128acceptable levels of service.
129     4.  Standards for the management of debt.
130     5.  A schedule of capital improvements which includes
131publicly funded projects, and which may include privately funded
132projects for which the local government has no fiscal
133responsibility, necessary to ensure that adopted level-of-
134service standards are achieved and maintained. For capital
135improvements that will be funded by the developer, financial
136feasibility shall be demonstrated by being guaranteed in an
137enforceable development agreement or interlocal agreement
138pursuant to paragraph (10)(h), or other enforceable agreement.
139These development agreements and interlocal agreements shall be
140reflected in the schedule of capital improvements if the capital
141improvement is necessary to serve development within the 5-year
142schedule. If the local government uses planned revenue sources
143that require referenda or other actions to secure the revenue
144source, the plan must, in the event the referenda are not passed
145or actions do not secure the planned revenue source, identify
146other existing revenue sources that will be used to fund the
147capital projects or otherwise amend the plan to ensure financial
148feasibility.
149     6.  The schedule must include transportation improvements
150included in the applicable metropolitan planning organization's
151transportation improvement program adopted pursuant to s.
152339.175(7) to the extent that such improvements are relied upon
153to ensure concurrency and financial feasibility. The schedule
154must also be coordinated with the applicable metropolitan
155planning organization's long-range transportation plan adopted
156pursuant to s. 339.175(6).
157     (b)1.  The capital improvements element shall be reviewed
158on an annual basis and modified as necessary in accordance with
159s. 163.3187 or s. 163.3189 in order to maintain a financially
160feasible 5-year schedule of capital improvements. Corrections
161and modifications concerning costs; revenue sources; or
162acceptance of facilities pursuant to dedications which are
163consistent with the plan may be accomplished by ordinance and
164shall not be deemed to be amendments to the local comprehensive
165plan. A copy of the ordinance shall be transmitted to the state
166land planning agency. An amendment to the comprehensive plan is
167required to update the schedule on an annual basis or to
168eliminate, defer, or delay the construction for any facility
169listed in the 5-year schedule. All public facilities shall be
170consistent with the capital improvements element. Amendments to
171implement this section must be adopted and transmitted no later
172than December 1, 2008 2007. Thereafter, a local government may
173not amend its future land use map, except for plan amendments to
174meet new requirements under this part and emergency amendments
175pursuant to s. 163.3187(1)(a), after December 1, 2008 2007, and
176every year thereafter, unless and until the local government has
177adopted the annual update and it has been transmitted to the
178state land planning agency.
179     2.  Capital improvements element amendments adopted after
180the effective date of this act shall require only a single
181public hearing before the governing board which shall be an
182adoption hearing as described in s. 163.3184(7). Such amendments
183are not subject to the requirements of s. 163.3184(3)-(6).
184     (c)  If the local government does not adopt the required
185annual update to the schedule of capital improvements or the
186annual update is found not in compliance, the state land
187planning agency must notify the Administration Commission. A
188local government that has a demonstrated lack of commitment to
189meeting its obligations identified in the capital improvements
190element may be subject to sanctions by the Administration
191Commission pursuant to s. 163.3184(11).
192     (d)  If a local government adopts a long-term concurrency
193management system pursuant to s. 163.3180(9), it must also adopt
194a long-term capital improvements schedule covering up to a 10-
195year or 15-year period, and must update the long-term schedule
196annually. The long-term schedule of capital improvements must be
197financially feasible.
198     (e)  At the discretion of the local government and
199notwithstanding the requirements of this subsection, a
200comprehensive plan, as revised by an amendment to the plan's
201future land use map, shall be deemed to be financially feasible
202and to have achieved and maintained level-of-service standards
203with respect to transportation facilities as required by this
204section if the amendment to the future land use map is supported
205by:
206     1.  A condition in a development order for a development-
207of-regional impact or binding agreement that addresses
208proportionate-share mitigation consistent with s. 163.3180(12);
209or
210     2.  A binding agreement addressing proportionate fair-share
211mitigation consistent with s. 163.3180(16)(f) and the property
212subject to the amendment to the future land use map is located
213within an area designated in the comprehensive plan for urban
214infill, urban redevelopment, downtown revitalization, urban
215infill and redevelopment, or an urban service area. The binding
216agreement must be based on the maximum amount of development
217identified by the future land use map amendment or as may be
218otherwise restricted through a special area plan policy or map
219notation in the comprehensive plan.
220     Section 3.  Paragraph (b) of subsection (4), subsections
221(5) and (12), paragraph (e) of subsection (13), and subsection
222(16) of section 163.3180, Florida Statutes, are amended to read:
223     163.3180  Concurrency.--
224     (4)
225     (b)  The concurrency requirement as implemented in local
226comprehensive plans does not apply to public transit facilities.
227For the purposes of this paragraph, public transit facilities
228include transit stations and terminals;, transit station
229parking;, park-and-ride lots;, intermodal public transit
230connection or transfer facilities;, and fixed bus, guideway, and
231rail stations; and airport passenger terminals and concourses,
232air cargo facilities, and hangars for the maintenance or storage
233of aircraft. As used in this paragraph, the terms "terminals"
234and "transit facilities" do not include airports or seaports or
235commercial or residential development constructed in conjunction
236with a public transit facility.
237     (5)(a)  The Legislature finds that under limited
238circumstances dealing with transportation facilities,
239countervailing planning and public policy goals may come into
240conflict with the requirement that adequate public facilities
241and services be available concurrent with the impacts of such
242development. The Legislature further finds that often the
243unintended result of the concurrency requirement for
244transportation facilities is the discouragement of urban infill
245development and redevelopment. Such unintended results directly
246conflict with the goals and policies of the state comprehensive
247plan and the intent of this part. Therefore, exceptions from the
248concurrency requirement for transportation facilities may be
249granted as provided by this subsection.
250     (b)  A local government may grant an exception from the
251concurrency requirement for transportation facilities if the
252proposed development is otherwise consistent with the adopted
253local government comprehensive plan and is a project that
254promotes public transportation or is located within an area
255designated in the comprehensive plan for:
256     1.  Urban infill development,
257     2.  Urban redevelopment,
258     3.  Downtown revitalization, or
259     4.  Urban infill and redevelopment under s. 163.2517, or
260     5.  An urban service area specifically designated as a
261transportation concurrency exception area that includes lands
262appropriate for compact, contiguous urban development, does not
263exceed the amount of land needed to accommodate the projected
264population growth at densities consistent with the adopted
265comprehensive plan within the 10-year planning period, and is
266served or is planned to be served with public facilities and
267services as provided by the capital improvement element.
268     (c)  The Legislature also finds that developments located
269within urban infill, urban redevelopment, existing urban
270service, or downtown revitalization areas or areas designated as
271urban infill and redevelopment areas under s. 163.2517 which
272pose only special part-time demands on the transportation system
273should be excepted from the concurrency requirement for
274transportation facilities. A special part-time demand is one
275that does not have more than 200 scheduled events during any
276calendar year and does not affect the 100 highest traffic volume
277hours.
278     (d)  A local government shall establish guidelines in the
279comprehensive plan for granting the exceptions authorized in
280paragraphs (b) and (c) and subsections (7) and (15) which must
281be consistent with and support a comprehensive strategy adopted
282in the plan to promote the purpose of the exceptions.
283     (e)  The local government shall adopt into the plan and
284implement long-term strategies to support and fund mobility
285within the designated exception area, including alternative
286modes of transportation. The plan amendment shall also
287demonstrate how strategies will support the purpose of the
288exception and how mobility within the designated exception area
289will be provided. In addition, the strategies must address urban
290design; appropriate land use mixes, including intensity and
291density; and network connectivity plans needed to promote urban
292infill, redevelopment, or downtown revitalization. The
293comprehensive plan amendment designating the concurrency
294exception area shall be accompanied by data and analysis
295justifying the size of the area.
296     (f)  Prior to the designation of a concurrency exception
297area, the state land planning agency and the Department of
298Transportation shall be consulted by the local government to
299assess the impact that the proposed exception area is expected
300to have on the adopted level-of-service standards established
301for Strategic Intermodal System facilities, as defined in s.
302339.64, and roadway facilities funded in accordance with s.
303339.2819. Further, the local government shall, in consultation
304cooperation with the state land planning agency and the
305Department of Transportation, develop a plan to mitigate any
306impacts to the Strategic Intermodal System, including, if
307appropriate, the development of a long-term concurrency
308management system pursuant to subsection (9) and s.
309163.3177(3)(d). The exceptions may be available only within the
310specific geographic area of the jurisdiction designated in the
311plan. Pursuant to s. 163.3184, any affected person may challenge
312a plan amendment establishing these guidelines and the areas
313within which an exception could be granted.
314     (g)  Transportation concurrency exception areas existing
315prior to July 1, 2005, shall meet, at a minimum, the provisions
316of this section by July 1, 2006, or at the time of the
317comprehensive plan update pursuant to the evaluation and
318appraisal report, whichever occurs last.
319     (12)  When authorized by a local comprehensive plan, A
320multiuse development of regional impact may satisfy the
321transportation concurrency requirements of the local
322comprehensive plan, the local government's concurrency
323management system, and s. 380.06 by payment of a proportionate-
324share contribution for local and regionally significant traffic
325impacts, if:
326     (a)  The development of regional impact meets or exceeds
327the guidelines and standards of s. 380.0651(3)(h) and rule 28-
32824.032(2), Florida Administrative Code, and includes a
329residential component that contains at least 100 residential
330dwelling units or 15 percent of the applicable residential
331guideline and standard, whichever is greater;
332     (a)(b)  The development of regional impact, based upon its
333location or contains an integrated mix of land uses, and is
334designed to encourage pedestrian or other nonautomotive modes of
335transportation;
336     (b)(c)  The proportionate-share contribution for local and
337regionally significant traffic impacts is sufficient to pay for
338one or more required mobility improvements that will benefit a
339regionally significant transportation facility;
340     (c)(d)  The owner and developer of the development of
341regional impact pays or assures payment of the proportionate-
342share contribution; and
343     (d)(e)  If the regionally significant transportation
344facility to be constructed or improved is under the maintenance
345authority of a governmental entity, as defined by s. 334.03(12),
346other than the local government with jurisdiction over the
347development of regional impact, the developer is required to
348enter into a binding and legally enforceable commitment to
349transfer funds to the governmental entity having maintenance
350authority or to otherwise assure construction or improvement of
351the facility.
352
353The proportionate-share contribution may be applied to any
354transportation facility to satisfy the provisions of this
355subsection and the local comprehensive plan, but, for the
356purposes of this subsection, the amount of the proportionate-
357share contribution shall be calculated based upon the cumulative
358number of trips from the proposed development expected to reach
359roadways during the peak hour from the complete buildout of a
360stage or phase being approved, divided by the change in the peak
361hour maximum service volume of roadways resulting from
362construction of an improvement necessary to maintain the adopted
363level of service, multiplied by the construction cost, at the
364time of developer payment, of the improvement necessary to
365maintain the adopted level of service. For purposes of this
366subsection, "construction cost" includes all associated costs of
367the improvement. Proportionate-share mitigation shall be limited
368to ensure that a development of regional impact meeting the
369requirements of this subsection mitigates its impact on the
370transportation system but is not responsible for the cost of
371reducing or eliminating backlogs. This subsection applies to
372Florida Quality Developments pursuant to s. 380.061 and to
373detailed specific area plans implementing optional sector plans
374pursuant to s. 163.3245.
375     (13)  School concurrency shall be established on a
376districtwide basis and shall include all public schools in the
377district and all portions of the district, whether located in a
378municipality or an unincorporated area unless exempt from the
379public school facilities element pursuant to s. 163.3177(12).
380The application of school concurrency to development shall be
381based upon the adopted comprehensive plan, as amended. All local
382governments within a county, except as provided in paragraph
383(f), shall adopt and transmit to the state land planning agency
384the necessary plan amendments, along with the interlocal
385agreement, for a compliance review pursuant to s. 163.3184(7)
386and (8). The minimum requirements for school concurrency are the
387following:
388     (e)  Availability standard.--Consistent with the public
389welfare, a local government may not deny an application for site
390plan, final subdivision approval, or the functional equivalent
391for a development or phase of a development authorizing
392residential development for failure to achieve and maintain the
393level-of-service standard for public school capacity in a local
394school concurrency management system where adequate school
395facilities will be in place or under actual construction within
3963 years after the issuance of final subdivision or site plan
397approval, or the functional equivalent. School concurrency shall
398be satisfied if the developer executes a legally binding
399commitment to provide mitigation proportionate to the demand for
400public school facilities to be created by actual development of
401the property, including, but not limited to, the options
402described in subparagraph 1. Options for proportionate-share
403mitigation of impacts on public school facilities shall be
404established in the public school facilities element and the
405interlocal agreement pursuant to s. 163.31777.
406     1.  Appropriate mitigation options include the contribution
407of land; the construction, expansion, or payment for land
408acquisition or construction of a public school facility; or the
409creation of mitigation banking based on the construction of a
410public school facility in exchange for the right to sell
411capacity credits. Such options must include execution by the
412applicant and the local government of a binding development
413agreement that constitutes a legally binding commitment to pay
414proportionate-share mitigation for the additional residential
415units approved by the local government in a development order
416and actually developed on the property, taking into account
417residential density allowed on the property prior to the plan
418amendment that increased overall residential density. The
419district school board shall be a party to such an agreement. As
420a condition of its entry into such a development agreement, the
421local government may require the landowner to agree to
422continuing renewal of the agreement upon its expiration.
423     2.  If the education facilities plan and the public
424educational facilities element authorize a contribution of land;
425the construction, expansion, or payment for land acquisition; or
426the construction or expansion of a public school facility, or a
427portion thereof, as proportionate-share mitigation, the local
428government shall credit such a contribution, construction,
429expansion, or payment toward any other impact fee or exaction
430imposed by local ordinance for the same need, on a dollar-for-
431dollar basis at fair market value. Proportionate fair-share
432mitigation shall be limited to ensure that a development meeting
433the requirements of this subsection mitigates its impact on the
434school system but is not responsible for the additional cost of
435reducing or eliminating backlogs.
436     3.  Any proportionate-share mitigation must be directed by
437the school board toward a school capacity improvement identified
438in a financially feasible 5-year district work plan and which
439satisfies the demands created by that development in accordance
440with a binding developer's agreement. Upon agreement that the
441school board will include the facility in its next regularly
442scheduled update of the work program, the developer may
443accelerate the provision of one of more schools that serve the
444development's capacity needs.
445     4.  This paragraph does not limit the authority of a local
446government to deny a development permit or its functional
447equivalent pursuant to its home rule regulatory powers, except
448as provided in this part.
449     (16)  It is the intent of the Legislature to provide a
450method by which the impacts of development on transportation
451facilities can be mitigated by the cooperative efforts of the
452public and private sectors. The methodology used to calculate
453proportionate fair-share mitigation under this section shall be
454as provided for in subsection (12).
455     (a)  By December 1, 2006, each local government shall adopt
456by ordinance a methodology for assessing proportionate fair-
457share mitigation options. By December 1, 2005, the Department of
458Transportation shall develop a model transportation concurrency
459management ordinance with methodologies for assessing
460proportionate fair-share mitigation options.
461     (b)1.  In its transportation concurrency management system,
462a local government shall, by December 1, 2006, include
463methodologies that will be applied to calculate proportionate
464fair-share mitigation. A developer may choose to satisfy all
465transportation concurrency requirements by contributing or
466paying proportionate fair-share mitigation if transportation
467facilities or facility segments identified as mitigation for
468traffic impacts are specifically identified for funding in the
4695-year schedule of capital improvements in the capital
470improvements element of the local plan or the long-term
471concurrency management system or if such contributions or
472payments to such facilities or segments are reflected in the 5-
473year schedule of capital improvements in the next regularly
474scheduled update of the capital improvements element. Updates to
475the 5-year capital improvements element which reflect
476proportionate fair-share contributions may not be found not in
477compliance based on ss. 163.3164(32) and 163.3177(3) if
478additional contributions, payments or funding sources are
479reasonably anticipated during a period not to exceed 10 years to
480fully mitigate impacts on the transportation facilities.
481     2.  Proportionate fair-share mitigation shall be applied as
482a credit against impact fees to the extent that all or a portion
483of the proportionate fair-share mitigation is used to address
484the same capital infrastructure improvements contemplated by the
485local government's impact fee ordinance.
486     (c)  Proportionate fair-share mitigation includes, without
487limitation, separately or collectively, private funds,
488contributions of land, and construction and contribution of
489facilities and may include public funds as determined by the
490local government. Proportionate fair-share mitigation may be
491directed toward one or more specific transportation improvements
492reasonably related to the mobility demands created by the
493development, and such improvements may address one or more modes
494of travel. The fair market value of the proportionate fair-share
495mitigation shall not differ based on the form of mitigation. A
496local government may not require a development to pay more than
497its proportionate fair-share contribution regardless of the
498method of mitigation. Proportionate fair-share mitigation shall
499be limited to ensure that a development meeting the requirements
500of this subsection mitigates its impact on the transportation
501system but is not responsible for the additional cost of
502reducing or eliminating backlogs.
503     (d)  Nothing in this subsection shall require a local
504government to approve a development that is not otherwise
505qualified for approval pursuant to the applicable local
506comprehensive plan and land development regulations.
507     (e)  Mitigation for development impacts to facilities on
508the Strategic Intermodal System made pursuant to this subsection
509requires the concurrence of the Department of Transportation.
510     (f)  In the event the funds in an adopted 5-year capital
511improvements element are insufficient to fully fund construction
512of a transportation improvement required by the local
513government's concurrency management system, a local government
514and a developer may still enter into a binding proportionate-
515share agreement authorizing the developer to construct that
516amount of development on which the proportionate share is
517calculated if the proportionate-share amount in such agreement
518is sufficient to pay for one or more improvements which will, in
519the opinion of the governmental entity or entities maintaining
520the transportation facilities, significantly benefit the
521impacted transportation system. The improvement or improvements
522funded by the proportionate-share component must be adopted into
523the 5-year capital improvements schedule of the comprehensive
524plan at the next annual capital improvements element update. The
525funding of any improvements that significantly benefit the
526impacted transportation system satisfies concurrency
527requirements as a mitigation of the development's impact upon
528the overall transportation system even if there remains a
529failure of concurrency on other impacted facilities.
530     (g)  Except as provided in subparagraph (b)1., nothing in
531this section shall prohibit the Department of Community Affairs
532from finding other portions of the capital improvements element
533amendments not in compliance as provided in this chapter.
534     (h)  The provisions of this subsection do not apply to a
535multiuse development of regional impact satisfying the
536requirements of subsection (12).
537     Section 4.  Section 163.3182, Florida Statutes, is created
538to read:
539     163.3182  Transportation concurrency.--
540     (1)  SHORT TITLE.--This section may be cited as the
541"Transportation Concurrency Backlog Act."
542     (2)  DEFINITIONS.--For purposes of this section, the term:
543     (a)  "Authority" or "transportation concurrency backlog
544authority" means the governing body of a county or municipality
545within which an authority is created.
546     (b)  "Debt service millage" means any millage levied
547pursuant to s. 12, Art. VII of the State Constitution.
548     (c)  "Governing body" means the council, commission, or
549other legislative body charged with governing the county or
550municipality within which a transportation concurrency backlog
551authority is created pursuant to this section.
552     (d)  "Increment revenue" means the amount calculated
553pursuant to subsection (6).
554     (e)  "Taxing authority" means a public body that levies or
555is authorized to levy an ad valorem tax on real property located
556within a transportation concurrency backlog area.
557     (f)  "Transportation concurrency backlog" means an
558identified failure or failing of a given transportation link
559within any county or municipality, as identified and designated
560pursuant to this part, and the applicable local government
561comprehensive plan and related documents. Such backlog includes
562a failed or failing transportation link the condition of which
563has been caused in whole or in part by the failure to construct
564adequate facilities or because of the grant of a transportation
565concurrency exemption or exception by the responsible local
566government.
567     (g)  "Transportation construction backlog area" means the
568geographic area within the unincorporated portion of a county or
569within the municipal boundary of a municipality for which a
570transportation concurrency backlog authority is created pursuant
571to this section.
572     (h)  "Transportation concurrency backlog plan" means the
573plan adopted by the governing body of a county or municipality
574acting as a transportation concurrency backlog authority.
575     (i)  "Transportation concurrency backlog project" means any
576designated transportation project identified for construction
577within the jurisdiction of a transportation construction backlog
578authority.
579     (3)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
580AUTHORITIES.--
581     (a)  A county or municipality may create a transportation
582concurrency backlog authority if the county or municipality has
583an identified transportation concurrency backlog.
584     (b)  Acting as the transportation concurrency backlog
585authority within its jurisdictional boundary, the governing
586board of each county or municipality shall adopt and implement a
587plan to eliminate all identified transportation concurrency
588backlogs within its jurisdiction using funds provided pursuant
589to subsection (6) and as otherwise provided pursuant to this
590section.
591     (4)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
592AUTHORITY.--Each transportation concurrency backlog authority
593has the powers necessary or convenient to carry out the purposes
594of this section, including the following powers in addition to
595others granted in this section:
596     (a)  To make and execute contracts and other instruments
597necessary or convenient to the exercise of its powers under this
598section.
599     (b)  To undertake and carry out transportation concurrency
600backlog projects for all streets, roads, and related public
601facilities that have a transportation concurrency backlog within
602the authority's jurisdiction.
603     (c)  To invest any transportation concurrency backlog funds
604held in reserves, sinking funds, or any such funds not required
605for immediate disbursement in property or securities in which
606savings banks may legally invest funds, subject to the control
607of the authority, and to redeem such bonds as have been issued
608pursuant to this section at the redemption price established in
609such bonds or to purchase such bonds at less than redemption
610price. All such bonds redeemed or purchased shall be canceled.
611     (d)  To borrow money, apply for and accept advances, loans,
612grants, contributions, and any other forms of financial
613assistance from the Federal Government, the state, a county, or
614any other public body or from any sources, public or private,
615for the purposes of this part; to give such security as may be
616required; to enter into and carry out contracts or agreements;
617and to include in any contracts for financial assistance with
618the Federal Government for or with respect to a transportation
619concurrency backlog project and related activities such
620conditions imposed pursuant to federal law as the transportation
621concurrency backlog authority considers reasonable and
622appropriate and which are not inconsistent with purposes of this
623section.
624     (e)  To make or have made all surveys and plans necessary
625to carry out the purposes of this section; to contract with any
626persons, public or private, in making and carrying out such
627plans; and to adopt, approve, modify, or amend such
628transportation concurrency backlog plans.
629     (f)  To appropriate such funds and make such expenditures
630as are necessary to carry out the purposes of this part; to zone
631or rezone any part of the transportation concurrency backlog
632area or make exceptions from regulations; and to enter into
633agreements with other public bodies, which may extend over any
634period, notwithstanding any provision or rule of law to the
635contrary.
636     (5)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--Each
637transportation concurrency backlog authority shall adopt a
638transportation concurrency backlog plan within 6 months after
639the creation of the authority. The plan shall:
640     (a)  Identify all transportation links that have been
641designated as failed or failing and require the expenditure of
642moneys to upgrade, modify, or mitigate the links.
643     (b)  Include a priority listing of all transportation links
644that have been designated as failed or failing and do not
645satisfy concurrency requirements as specified pursuant to this
646part, the applicable local government comprehensive plan, and
647land development regulations.
648     (c)  Establish a schedule for financing and construction of
649transportation concurrency backlog projects that will eliminate
650transportation concurrency backlogs within the jurisdiction of
651the authority within 10 years after adoption of the
652transportation concurrency backlog plan.
653
654A transportation concurrency backlog plan adopted by each
655authority is not subject to review or approval by the Department
656of Community Affairs.
657     (6)  ESTABLISHMENT OF TRUST FUND.--The transportation
658concurrency backlog authority shall establish a transportation
659concurrency backlog trust fund upon creation of the authority.
660Each trust fund shall be administered by the transportation
661concurrency backlog authority within which a transportation
662concurrency backlog has been identified. Beginning in the first
663fiscal year after the creation of the authority, each trust fund
664shall be funded by the proceeds of an ad valorem tax increment
665collected within each transportation concurrency backlog area to
666be determined annually and which shall be an amount equal to 25
667percent of the difference between:
668     (a)  The amount of ad valorem taxes levied each year by
669each taxing authority, exclusive of any amount from any debt
670service millage, on taxable real property contained within the
671jurisdiction of the transportation concurrency backlog authority
672and within the transportation backlog area; and
673     (b)  The amount of ad valorem taxes that would have been
674produced by a rate upon which the tax is levied each year by or
675for each taxing authority, exclusive of any debt service
676millage, upon the total of the assessed value of the taxable
677real property within the transportation concurrency backlog area
678as shown on the most recent assessment roll used in connection
679with the taxation of such property by each taxing authority.
680     (7)  EXEMPTIONS.--
681     (a)  The following public bodies or taxing authorities are
682exempt from the provisions of this section:
683     1.  A special district that levies ad valorem taxes on
684taxable real property in more than one county.
685     2.  A special district for which the sole available source
686of revenues the district has the authority to levy at the time
687an ordinance is adopted under this section are ad valorem taxes.
688However, revenues or aid that may be dispensed or appropriated
689to a district as defined in s. 388.011 at the discretion of an
690entity other than such district shall not be deemed available.
691     3.  A library district.
692     4.  A neighborhood improvement district created under the
693Safe Neighborhoods Act.
694     5.  A metropolitan transportation authority.
695     6.  A water management district created under s. 373.069.
696     (b)  A transportation concurrency backlog authority may
697also exempt from this section a special district that levies ad
698valorem taxes within the transportation concurrency backlog area
699pursuant to s. 163.387(2)(d).
700     (8)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
701adoption of a transportation concurrency backlog plan by an
702authority, all transportation concurrency backlogs within the
703jurisdiction of an authority shall be deemed to be financed and
704fully financially feasible for purposes of calculating
705transportation concurrency pursuant to this part. A landowner
706may proceed with development of a specific parcel of land if all
707other applicable provisions of s. 163.3180(11) have been
708satisfied, and the landowner may not be assessed any
709proportionate share or impact fees for backlog for such
710development.
711     (9)  DISSOLUTION.--Upon completion of all transportation
712concurrency backlog projects, a transportation concurrency
713backlog authority shall be dissolved and its assets and
714liabilities shall be transferred to the county or municipality
715within which the authority is located. All remaining assets of
716the authority shall be used to implement transportation projects
717within the jurisdiction of the authority.
718     Section 5.  Paragraph (c) of subsection (1) of section
719163.3187, Florida Statutes, is amended to read:
720     163.3187  Amendment of adopted comprehensive plan.--
721     (1)  Amendments to comprehensive plans adopted pursuant to
722this part may be made not more than two times during any
723calendar year, except:
724     (c)  Any local government comprehensive plan amendments
725directly related to proposed small scale development activities
726may be approved without regard to statutory limits on the
727frequency of consideration of amendments to the local
728comprehensive plan. A small scale development amendment may be
729adopted only under the following conditions:
730     1.  The proposed amendment involves a use of 10 acres or
731fewer and:
732     a.  The cumulative annual effect of the acreage for all
733small scale development amendments adopted by the local
734government shall not exceed:
735     (I)  A maximum of 120 acres in a local government that
736contains areas specifically designated in the local
737comprehensive plan for urban infill, urban redevelopment, or
738downtown revitalization as defined in s. 163.3164, urban infill
739and redevelopment areas designated under s. 163.2517,
740transportation concurrency exception areas approved pursuant to
741s. 163.3180(5), or regional activity centers and urban central
742business districts approved pursuant to s. 380.06(2)(e);
743however, amendments under this paragraph may be applied to no
744more than 60 acres annually of property outside the designated
745areas listed in this sub-sub-subparagraph. Amendments adopted
746pursuant to paragraph (k) shall not be counted toward the
747acreage limitations for small scale amendments under this
748paragraph.
749     (II)  A maximum of 80 acres in a local government that does
750not contain any of the designated areas set forth in sub-sub-
751subparagraph (I).
752     (III)  A maximum of 720 120 acres in a county established
753pursuant to s. 9, Art. VIII of the State Constitution; however,
754amendments under this paragraph may be applied to no more than
755120 acres annually to property outside the designated areas
756specifically identified in sub-sub-subparagraph (I).
757     b.  The proposed amendment does not involve the same
758property granted a change within the prior 12 months.
759     c.  The proposed amendment does not involve the same
760owner's property within 200 feet of property granted a change
761within the prior 12 months.
762     d.  The proposed amendment does not involve a text change
763to the goals, policies, and objectives of the local government's
764comprehensive plan, but only proposes a land use change to the
765future land use map for a site-specific small scale development
766activity.
767     e.  The property that is the subject of the proposed
768amendment is not located within an area of critical state
769concern, unless the project subject to the proposed amendment
770involves the construction of affordable housing units meeting
771the criteria of s. 420.0004(3), and is located within an area of
772critical state concern designated by s. 380.0552 or by the
773Administration Commission pursuant to s. 380.05(1). Such
774amendment is not subject to the density limitations of sub-
775subparagraph f., and shall be reviewed by the state land
776planning agency for consistency with the principles for guiding
777development applicable to the area of critical state concern
778where the amendment is located and shall not become effective
779until a final order is issued under s. 380.05(6).
780     f.  If the proposed amendment involves a residential land
781use, the residential land use has a density of 10 units or less
782per acre or the proposed future land use category allows a
783maximum residential density of the same or less than the maximum
784residential density allowable under the existing future land use
785category, except that this limitation does not apply to small
786scale amendments involving the construction of affordable
787housing units meeting the criteria of s. 420.0004(3) on property
788which will be the subject of a land use restriction agreement,
789or small scale amendments described in sub-sub-subparagraph
790a.(I) that are designated in the local comprehensive plan for
791urban infill, urban redevelopment, or downtown revitalization as
792defined in s. 163.3164, urban infill and redevelopment areas
793designated under s. 163.2517, transportation concurrency
794exception areas approved pursuant to s. 163.3180(5), or regional
795activity centers and urban central business districts approved
796pursuant to s. 380.06(2)(e).
797     2.a.  A local government that proposes to consider a plan
798amendment pursuant to this paragraph is not required to comply
799with the procedures and public notice requirements of s.
800163.3184(15)(c) for such plan amendments if the local government
801complies with the provisions in s. 125.66(4)(a) for a county or
802in s. 166.041(3)(c) for a municipality. If a request for a plan
803amendment under this paragraph is initiated by other than the
804local government, public notice is required.
805     b.  The local government shall send copies of the notice
806and amendment to the state land planning agency, the regional
807planning council, and any other person or entity requesting a
808copy. This information shall also include a statement
809identifying any property subject to the amendment that is
810located within a coastal high-hazard area as identified in the
811local comprehensive plan.
812     3.  Small scale development amendments adopted pursuant to
813this paragraph require only one public hearing before the
814governing board, which shall be an adoption hearing as described
815in s. 163.3184(7), and are not subject to the requirements of s.
816163.3184(3)-(6) unless the local government elects to have them
817subject to those requirements.
818     4.  If the small scale development amendment involves a
819site within an area that is designated by the Governor as a
820rural area of critical economic concern under s. 288.0656(7) for
821the duration of such designation, the 10-acre limit listed in
822subparagraph 1. shall be increased by 100 percent to 20 acres.
823The local government approving the small scale plan amendment
824shall certify to the Office of Tourism, Trade, and Economic
825Development that the plan amendment furthers the economic
826objectives set forth in the executive order issued under s.
827288.0656(7), and the property subject to the plan amendment
828shall undergo public review to ensure that all concurrency
829requirements and federal, state, and local environmental permit
830requirements are met.
831     Section 6.  Subsection (14) is added to section 163.3191,
832Florida Statutes, to read:
833     163.3191  Evaluation and appraisal of comprehensive plan.--
834     (14)  The prohibition on plan amendments in subsection (10)
835does not apply to a proposed plan amendment adopted by a local
836government in order to integrate a port master plan with the
837coastal management plan element of the local comprehensive plan,
838which is required under s. 163.3178(2)(k), if the port master
839plan or proposed plan amendment does not cause or contribute to
840the local government's failure to comply with the requirements
841of the evaluation and appraisal report.
842     Section 7.  Section 163.3229, Florida Statutes, is amended
843to read:
844     163.3229  Duration of a development agreement and
845relationship to local comprehensive plan.--The duration of a
846development agreement shall not exceed 20 10 years. It may be
847extended by mutual consent of the governing body and the
848developer, subject to a public hearing in accordance with s.
849163.3225. No development agreement shall be effective or be
850implemented by a local government unless the local government's
851comprehensive plan and plan amendments implementing or related
852to the agreement are found in compliance by the state land
853planning agency in accordance with s. 163.3184, s. 163.3187, or
854s. 163.3189.
855     Section 8.  Section 163.32465, Florida Statutes, is created
856to read:
857     163.32465  Pilot program providing a plan review process
858for densely developed areas.--
859     (1)  LEGISLATIVE FINDINGS.--The Legislature finds that
860local governments in this state have a wide diversity of
861resources, conditions, abilities, and needs. The state role in
862overseeing growth management should reflect these varied needs.
863State oversight should focus on areas in which that oversight
864provides the most value to the state and each local area. State
865efforts should include technical assistance and advice to
866improve the state's and local governments' ability to respond to
867growth-related issues. The state should also provide oversight
868to ensure compliance with chapter 163 comprehensive planning
869issues in those areas in which the patterns of development are
870being established. As such, the state's role should vary based
871on local government conditions and capabilities. Section
872163.3246 provides a certification process for areas in which
873local governments have committed to directing growth in the next
87410 years and using exemplary planning practices. The pilot
875program provided under this section recognizes that some areas
876of the state should be exempt from unnecessary state oversight
877based on established patterns of development.
878     (2)  COMPLIANCE REVIEW EXEMPTIONS.--Pinellas and Broward
879Counties, as examples of highly developed counties, and
880Jacksonville, Miami, Tampa, Hialeah, and Tallahassee, as
881examples of highly populated municipalities, with processes in
882place to allow for coordination of planning activities with
883local oversight are exempt from compliance reviews by the state
884land planning agency. Municipalities within exempt counties may
885elect, by supermajority vote of the governing body, not to
886participate in the pilot program.
887     (3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
888FOR EXEMPT COUNTIES AND MUNICIPALITIES.--
889     (a)  Plan amendments proposed and adopted under this
890section shall follow the procedures of this section and are not
891subject to state land planning agency review pursuant to ss.
892163.3184 and 163.3187, unless otherwise provided in this
893section.
894     (b)  Small scale amendments shall be adopted pursuant to s.
895163.3187.
896     (c)  Plan amendments that propose a rural land stewardship
897area pursuant to s. 163.3177(11)(d), update a comprehensive plan
898based on an evaluation and appraisal report, or are the initial
899implementation of new statutory requirements that require
900specific comprehensive plan amendments shall be reviewed
901pursuant to s. 163.3184.
902     (4)  DEFINITIONS.--The definitions of s. 163.3184(1) apply
903for purposes of this section.
904     (5)  PUBLIC HEARINGS.--
905     (a)  The procedure for transmittal of a complete proposed
906comprehensive plan amendment pursuant to subsection (6) and for
907adoption of a comprehensive plan amendment pursuant to
908subsection (9) shall be by affirmative vote of at least a
909majority of the members of the governing body present at the
910hearing. The adoption of a comprehensive plan amendment shall be
911by ordinance. For the purposes of transmitting or adopting a
912comprehensive plan or plan amendment, the notice requirements in
913chapters 125 and 166 are superseded by this subsection, except
914as provided in this part.
915     (b)  The local governing body shall hold at least two
916advertised public hearings on a proposed comprehensive plan
917amendment as follows:
918     1.  The first public hearing shall be held at the
919transmittal stage pursuant to subsection (6). The hearing shall
920be held on a weekday at least 7 days after the day the first
921advertisement is published.
922     2.  The second public hearing shall be held at the adoption
923stage pursuant to subsection (9). The hearing shall be held on a
924weekday at least 5 days after the day the second advertisement
925is published.
926     (c)  The local government shall provide a sign-in form at
927each hearing for persons to provide their names and mailing
928addresses. The local government shall add to the sign-in form
929the name and address of any person or governmental agency that
930submits written comments concerning the proposed plan amendment
931during the time period between the commencement of the
932transmittal hearing and the end of the adoption hearing.
933     (d)  If a proposed comprehensive plan amendment changes the
934actual list of permitted, conditional, or prohibited uses within
935a future land use category or changes the actual future land use
936map designation of any parcel of land, the required
937advertisements shall be in the format prescribed by s.
938125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
939municipality.
940     (6)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN
941AMENDMENT.--Each local governing body shall transmit a complete
942proposed comprehensive plan amendment to the state land planning
943agency; the appropriate regional planning council and water
944management district; the Department of Environmental Protection;
945the Department of State; the Department of Transportation; in
946the case of municipal plans, to the appropriate county; and, in
947the case of county plans, to the Fish and Wildlife Conservation
948Commission and the Department of Agriculture and Consumer
949Services immediately following a public hearing pursuant to
950subsection (5) as specified in the state land planning agency's
951procedural rules. If the plan amendment includes or impacts the
952public school facilities element pursuant to s. 163.3177(12),
953the local government shall submit a copy to the Office of
954Educational Facilities of the Commissioner of Education for
955review and comment. The local governing body shall also transmit
956a copy of the complete proposed comprehensive plan amendment to
957any other unit of local government or government agency in the
958state that has filed a written request with the governing body
959for a copy of the plan amendment. Local governing bodies shall
960consolidate all proposed plan amendments into a single
961submission for each of the two plan amendment adoption dates
962during the calendar year pursuant to s. 163.3187.
963     (7)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
964specified in subsection (6) may provide comments to the local
965government. Comments, if provided, shall be submitted within 30
966days after receipt of the proposed plan amendment.
967     (8)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.--The review of
968the regional planning council pursuant to subsection (7) shall
969be limited to effects on regional resources or facilities
970identified in the strategic regional policy plan and
971extrajurisdictional impacts that would be inconsistent with the
972comprehensive plan of the affected local government. A regional
973planning council shall not review and comment on a proposed
974comprehensive plan amendment prepared by such council. The
975review by the county land planning agency pursuant to subsection
976(7) shall be primarily in the context of the relationship and
977effect of the proposed plan amendment on any county
978comprehensive plan element. Any review by municipalities must be
979primarily in the context of the relationship and effect on the
980municipal plan.
981     (9)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
982AMENDMENTS AND TRANSMITTAL.--
983     (a)  The local government shall review any submitted
984written comments and testimony provided by any person or
985governmental agency. Any comments or recommendations and any
986reply to comments or recommendations are public documents, a
987part of the permanent record in the matter, and admissible in
988any proceeding in which the comprehensive plan amendment may be
989at issue. The adoption of the proposed plan amendment or the
990determination not to adopt a plan amendment, other than a plan
991amendment proposed pursuant to s. 163.3191, shall be made in the
992course of a public hearing pursuant to subsection (5). The local
993government shall transmit the complete adopted comprehensive
994plan amendment, including the names and addresses of persons
995compiled pursuant to paragraph (5)(c), to the state land
996planning agency within 10 working days after the amendment is
997adopted. The local governing body shall also transmit a copy of
998the adopted comprehensive plan amendment to the regional
999planning agency and to any other unit of local government or
1000governmental agency in the state that has filed a written
1001request with the governing body for a copy of the plan
1002amendment.
1003     (b)  If the adopted plan amendment is unchanged from the
1004proposed plan amendment transmitted pursuant to subsection (6),
1005the local government may state in the transmittal letter that
1006the plan amendment is unchanged.
1007     (10)  CHALLENGES TO THE COMPLIANCE OF AN ADOPTED PLAN
1008AMENDMENT.--
1009     (a)  Any affected person as defined by s. 163.3184(1)(a),
1010the state land planning agency, the Department of Environmental
1011Protection, or the Department of Transportation may file a
1012petition with the Division of Administrative Hearings pursuant
1013to ss. 120.569 and 120.57 to request a hearing to challenge the
1014compliance of an amendment with this section within 30 days
1015after the local government adopts the amendment and shall serve
1016a copy of the petition on the local government. The state land
1017planning agency may intervene in any proceeding initiated
1018pursuant to this subsection. A state agency challenge shall be
1019limited to significant regional or statewide impacts within the
1020agency's jurisdiction as it relates to consistency with the
1021requirements of this part and shall be limited to those issues
1022raised in comments provided to the local government during the
1023transmittal review pursuant to subsection (7).
1024     (b)  An administrative law judge shall hold a hearing in
1025the affected jurisdiction not less than 30 days nor more than 60
1026days after a petition is filed and an administrative law judge
1027is assigned. The parties to a hearing held pursuant to this
1028subsection shall be the petitioner, the local government, and
1029any intervenor. In the proceeding, the local government's
1030determination that the amendment is in compliance is presumed to
1031be correct. The local government's determination shall be
1032sustained unless it is shown by a preponderance of the evidence
1033that the amendment is not in compliance with the requirements of
1034this section.
1035     (c)1.  If the administrative law judge recommends that the
1036amendment be found to be not in compliance, the administrative
1037law judge shall submit the recommended order to the
1038Administration Commission for final agency action. If the
1039administrative law judge recommends that the amendment be found
1040to be in compliance, the administrative law judge shall submit
1041the recommended order to the state land planning agency.
1042     2.  If the state land planning agency determines that the
1043plan amendment is not in compliance, the agency shall submit,
1044within 30 days after receiving a recommended order, the
1045recommended order to the Administration Commission for final
1046agency action. If the state land planning agency determines that
1047the plan amendment is in compliance, the agency shall enter a
1048final order within 30 days following its receipt of the
1049recommended order.
1050     (d)  An amendment shall not become effective until 31 days
1051after adoption. If challenged within 30 days after adoption, an
1052amendment shall not become effective until the state land
1053planning agency or the Administration Commission, respectively,
1054issues a final order determining the adopted amendment is in
1055compliance.
1056     (11)  APPLICABILITY.--
1057     (a)  This section does not supersede the provisions of s.
1058163.3187(6).
1059     (b)  Local governments and specific areas that have been
1060designated for alternate review process pursuant to ss. 163.3246
1061and 163.3184(17) and (18) are not subject to this section.
1062     (12)  ASSISTANCE.--A local government may seek technical
1063assistance from the state land planning agency on planning
1064issues relating to its comprehensive plan regardless of its
1065status in this program.
1066     (13)  REPORTS.--The Legislative Committee on
1067Intergovernmental Relations shall evaluate the pilot program
1068provided in this section and prepare and submit a report to the
1069Governor, the President of the Senate, and the Speaker of the
1070House of Representatives by November 30, 2010. In evaluating the
1071pilot program, the committee shall solicit comments from local
1072governments, citizens, and reviewing agencies. The report shall
1073include a discussion of local, regional, and state issues of
1074significance that have occurred within the designated local
1075governments and how the designation has affected these issues.
1076The report shall include, if applicable, extrajurisdictional
1077conflicts and resolutions, development patterns and their
1078effects on infrastructure capacity, and environmental and
1079resource issues as such issues pertain to the pilot program. The
1080report shall identify benefits and concerns relating to the
1081exemptions from state review, as appropriate.
1082     Section 9.  Paragraph (c) of subsection (19) of section
1083380.06, Florida Statutes, is amended to read:
1084     380.06  Developments of regional impact.--
1085     (19)  SUBSTANTIAL DEVIATIONS.--
1086     (c)  An extension of the date of buildout of a development,
1087or any phase thereof, by more than 7 years shall be presumed to
1088create a substantial deviation subject to further development-
1089of-regional-impact review. An extension of the date of buildout,
1090or any phase thereof, of more than 5 years but not more than 7
1091years shall be presumed not to create a substantial deviation.
1092The extension of the date of buildout of an areawide development
1093of regional impact by more than 5 years but less than 10 years
1094is presumed not to create a substantial deviation. These
1095presumptions may be rebutted by clear and convincing evidence at
1096the public hearing held by the local government. An extension of
10975 years or less is not a substantial deviation. For the purpose
1098of calculating when a buildout or phase date has been exceeded,
1099the time shall be tolled during the pendency of administrative
1100or judicial proceedings relating to development permits. Any
1101extension of the buildout date of a project or a phase thereof
1102shall automatically extend the commencement date of the project,
1103the termination date of the development order, the expiration
1104date of the development of regional impact, and the phases
1105thereof if applicable by a like period of time. All development-
1106of-regional-impact phase and buildout dates for projects under
1107construction as of July 1, 2007, are extended for a total of 3
1108years, regardless of any prior extensions. Such 3-year extension
1109is not a substantial deviation, shall not be subject to further
1110development-or-regional impact review, and shall not be
1111considered when determining whether any subsequent extension is
1112a substantial deviation pursuant to this paragraph.
1113     Section 10.  This act shall take effect July 1, 2007.


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