HB 7203

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3164, F.S.; revising definitions; amending s.
4	163.3177, F.S.; revising certain criteria and requirements
5	for elements of comprehensive plans; providing criteria
6	for determining financial feasibility of comprehensive
7	plans; amending s. 163.3180, F.S.; revising application of
8	concurrency requirements to public transit facilities;
9	revising certain transportation concurrency requirements
10	relating to concurrency exception areas, developments of
11	regional impact, and schools; providing application to
12	Florida Quality Developments and certain areas; revising
13	proportionate fair-share mitigation criteria; creating s.
14	163.3182, F.S.; providing for the creation of
15	transportation concurrency backlog authorities; providing
16	definitions; providing powers and responsibilities of such
17	authorities; providing for transportation concurrency
18	backlog plans; providing for the issuance of revenue bonds
19	for certain purposes; providing for the establishment of a
20	local trust fund within each county or municipality with
21	an identified transportation concurrency backlog;
22	providing exemptions from transportation concurrency
23	requirements; providing for the satisfaction of
24	concurrency requirements; providing for dissolution of
25	transportation concurrency backlog authorities; amending
26	s. 163.3187, F.S.; revising a criterion for application of
27	amendments to certain small scale developments; amending
28	s. 163.3191, F.S.; providing for nonapplication of a
29	prohibition against certain proposed plan amendments to
30	allow for integration of a port master plan in the coastal
31	management plan element under certain conditions; amending
32	s. 163.3229, F.S.; extending a time limitation on duration
33	of development agreements; creating s. 163.32465, F.S.;
34	providing for a pilot program to provide a plan review
35	process for certain densely developed areas; providing
36	legislative findings; providing for exempting certain
37	local governments from compliance review by the state land
38	planning agency; authorizing certain municipalities to not
39	participate in the program; providing procedures and
40	requirements for adopting comprehensive plan amendments in
41	such areas; requiring public hearings; providing hearing
42	requirements; providing requirements for local government
43	transmittal of proposed plan amendments; providing for
44	intergovernmental review; providing for regional, county,
45	and municipal review; providing requirements for local
46	government review of certain comments; providing
47	requirements for adoption and transmittal of plan
48	amendments; providing procedures and requirements for
49	challenges to compliance of adopted plan amendments;
50	providing for administrative hearings; providing for
51	applicability of program provisions; providing for
52	technical assistance by the state land planning agency;
53	requiring the Legislative Committee on Intergovernmental
54	Relations to evaluate the pilot program and prepare and
55	submit a report to the Governor and Legislature; providing
56	report requirements; amending s. 380.06, F.S.; extending
57	development-of-regional-impact phase and buildout dates
58	for certain projects under construction; providing that
59	such extensions are not substantial deviations and do not
60	subject such projects to further review; providing an
61	effective date.
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1.  Subsections (26) and (32) of section 163.3164,
66	Florida Statutes, are amended to read:
67	163.3164  Local Government Comprehensive Planning and Land
68	Development Regulation Act; definitions.--As used in this act:
69	(26)  "Urban redevelopment" means demolition and
70	reconstruction or substantial renovation of existing buildings
71	or infrastructure within urban infill areas, or existing urban
72	service areas, or community redevelopment areas created pursuant
73	to part III of this chapter.
74	(32)  "Financial feasibility" means that sufficient
75	revenues are currently available or will be available from
76	committed funding sources for the first 3 years, or will be
77	available from committed or planned funding sources for years 4
78	and 5, of a 5-year capital improvement schedule for financing
79	capital improvements, such as ad valorem taxes, bonds, state and
80	federal funds, tax revenues, impact fees, and developer
81	contributions, which are adequate to fund the projected costs of
82	the capital improvements identified in the comprehensive plan
83	necessary to ensure that adopted level-of-service standards are
84	achieved and maintained within the period covered by the 5-year
85	schedule of capital improvements. A comprehensive plan shall be
86	deemed financially feasible for transportation and school
87	facilities throughout the planning period addressed by the
88	capital improvements schedule if it can be demonstrated that the
89	level of service standards will be achieved and maintained by
90	the end of the planning period even if in a particular year such
91	improvements are not concurrent as required by s. 163.3180. The
92	requirement that level-of-service standards be achieved and
93	maintained shall not apply if the proportionate-share process
94	set forth in s. 163.3180(12) and (16) is used.
95	Section 2.  Subsections (2) and (3) of section 163.3177,
96	Florida Statutes, are amended to read:
97	163.3177  Required and optional elements of comprehensive
98	plan; studies and surveys.--
99	(2)  Coordination of the several elements of the local
100	comprehensive plan shall be a major objective of the planning
101	process. The several elements of the comprehensive plan shall be
102	consistent, and the comprehensive plan shall be financially
103	feasible. Financial feasibility shall be determined using
104	professionally accepted methodologies and shall apply to the 5-
105	year planning period, except in the case of a long-term
106	transportation or school concurrency management system, in which
107	case financial feasibility requirements shall apply to the 10-
108	year period or 15-year period.
109	(3)(a)  The comprehensive plan shall contain a capital
110	improvements element designed to consider the need for and the
111	location of public facilities in order to encourage the
112	efficient utilization of such facilities and set forth:
113	1.  A component which outlines principles for construction,
114	extension, or increase in capacity of public facilities, as well
115	as a component which outlines principles for correcting existing
116	public facility deficiencies, which are necessary to implement
117	the comprehensive plan. The components shall cover at least a 5-
118	year period.
119	2.  Estimated public facility costs, including a
120	delineation of when facilities will be needed, the general
121	location of the facilities, and projected revenue sources to
122	fund the facilities.
123	3.  Standards to ensure the availability of public
124	facilities and the adequacy of those facilities including
125	acceptable levels of service.
126	4.  Standards for the management of debt.
127	5.  A schedule of capital improvements which includes
128	publicly funded projects, and which may include privately funded
129	projects for which the local government has no fiscal
130	responsibility, necessary to ensure that adopted level-of-
131	service standards are achieved and maintained. For capital
132	improvements that will be funded by the developer, financial
133	feasibility shall be demonstrated by being guaranteed in an
134	enforceable development agreement or interlocal agreement
135	pursuant to paragraph (10)(h), or other enforceable agreement.
136	These development agreements and interlocal agreements shall be
137	reflected in the schedule of capital improvements if the capital
138	improvement is necessary to serve development within the 5-year
139	schedule. If the local government uses planned revenue sources
140	that require referenda or other actions to secure the revenue
141	source, the plan must, in the event the referenda are not passed
142	or actions do not secure the planned revenue source, identify
143	other existing revenue sources that will be used to fund the
144	capital projects or otherwise amend the plan to ensure financial
145	feasibility.
146	6.  The schedule must include transportation improvements
147	included in the applicable metropolitan planning organization's
148	transportation improvement program adopted pursuant to s.
149	339.175(7) to the extent that such improvements are relied upon
150	to ensure concurrency and financial feasibility. The schedule
151	must also be coordinated with the applicable metropolitan
152	planning organization's long-range transportation plan adopted
153	pursuant to s. 339.175(6).
154	(b)1.  The capital improvements element shall be reviewed
155	on an annual basis and modified as necessary in accordance with
156	s. 163.3187 or s. 163.3189 in order to maintain a financially
157	feasible 5-year schedule of capital improvements. Corrections
158	and modifications concerning costs; revenue sources; or
159	acceptance of facilities pursuant to dedications which are
160	consistent with the plan may be accomplished by ordinance and
161	shall not be deemed to be amendments to the local comprehensive
162	plan. A copy of the ordinance shall be transmitted to the state
163	land planning agency. An amendment to the comprehensive plan is
164	required to update the schedule on an annual basis or to
165	eliminate, defer, or delay the construction for any facility
166	listed in the 5-year schedule. All public facilities shall be
167	consistent with the capital improvements element. Amendments to
168	implement this section must be adopted and transmitted no later
169	than December 1, 2008 2007. Thereafter, a local government may
170	not amend its future land use map, except for plan amendments to
171	meet new requirements under this part and emergency amendments
172	pursuant to s. 163.3187(1)(a), after December 1, 2008 2007, and
173	every year thereafter, unless and until the local government has
174	adopted the annual update and it has been transmitted to the
175	state land planning agency.
176	2.  Capital improvements element amendments adopted after
177	the effective date of this act shall require only a single
178	public hearing before the governing board which shall be an
179	adoption hearing as described in s. 163.3184(7). Such amendments
180	are not subject to the requirements of s. 163.3184(3)-(6).
181	(c)  If the local government does not adopt the required
182	annual update to the schedule of capital improvements or the
183	annual update is found not in compliance, the state land
184	planning agency must notify the Administration Commission. A
185	local government that has a demonstrated lack of commitment to
186	meeting its obligations identified in the capital improvements
187	element may be subject to sanctions by the Administration
188	Commission pursuant to s. 163.3184(11).
189	(d)  If a local government adopts a long-term concurrency
190	management system pursuant to s. 163.3180(9), it must also adopt
191	a long-term capital improvements schedule covering up to a 10-
192	year or 15-year period, and must update the long-term schedule
193	annually. The long-term schedule of capital improvements must be
194	financially feasible.
195	(e)  At the discretion of the local government and
196	notwithstanding the requirements of this subsection, a
197	comprehensive plan, as revised by an amendment to the plan's
198	future land use map, shall be deemed to be financially feasible
199	and to have achieved and maintained level-of-service standards
200	with respect to transportation facilities as required by this
201	section if the amendment to the future land use map is supported
202	by:
203	1.  A condition in a development order for a development-
204	of-regional impact or binding agreement that addresses
205	proportionate-share mitigation consistent with s. 163.3180(12);
206	or
207	2.  A binding agreement addressing proportionate fair-share
208	mitigation consistent with s. 163.3180(16)(f) and the property
209	subject to the amendment to the future land use map is located
210	within an area designated in the comprehensive plan for urban
211	infill, urban redevelopment, downtown revitalization, urban
212	infill and redevelopment, or an urban service area. The binding
213	agreement must be based on the maximum amount of development
214	identified by the future land use map amendment or as may be
215	otherwise restricted through a special area plan policy or map
216	notation in the comprehensive plan.
217	Section 3.  Paragraph (b) of subsection (4), subsections
218	(5) and (12), paragraph (e) of subsection (13), and subsection
219	(16) of section 163.3180, Florida Statutes, are amended to read:
220	163.3180  Concurrency.--
221	(4)
222	(b)  The concurrency requirement as implemented in local
223	comprehensive plans does not apply to public transit facilities.
224	For the purposes of this paragraph, public transit facilities
225	include transit stations and terminals;, transit station
226	parking;, park-and-ride lots;, intermodal public transit
227	connection or transfer facilities;, and fixed bus, guideway, and
228	rail stations; and airport passenger terminals and concourses,
229	air cargo facilities, and hangars for the maintenance or storage
230	of aircraft. As used in this paragraph, the terms "terminals"
231	and "transit facilities" do not include airports or seaports or
232	commercial or residential development constructed in conjunction
233	with a public transit facility.
234	(5)(a)  The Legislature finds that under limited
235	circumstances dealing with transportation facilities,
236	countervailing planning and public policy goals may come into
237	conflict with the requirement that adequate public facilities
238	and services be available concurrent with the impacts of such
239	development. The Legislature further finds that often the
240	unintended result of the concurrency requirement for
241	transportation facilities is the discouragement of urban infill
242	development and redevelopment. Such unintended results directly
243	conflict with the goals and policies of the state comprehensive
244	plan and the intent of this part. Therefore, exceptions from the
245	concurrency requirement for transportation facilities may be
246	granted as provided by this subsection.
247	(b)  A local government may grant an exception from the
248	concurrency requirement for transportation facilities if the
249	proposed development is otherwise consistent with the adopted
250	local government comprehensive plan and is a project that
251	promotes public transportation or is located within an area
252	designated in the comprehensive plan for:
253	1.  Urban infill development,
254	2.  Urban redevelopment,
255	3.  Downtown revitalization, or
256	4.  Urban infill and redevelopment under s. 163.2517, or
257	5.  An urban service area specifically designated as a
258	transportation concurrency exception area that includes lands
259	appropriate for compact, contiguous urban development, does not
260	exceed the amount of land needed to accommodate the projected
261	population growth at densities consistent with the adopted
262	comprehensive plan within the 10-year planning period, and is
263	served or is planned to be served with public facilities and
264	services as provided by the capital improvement element.
265	(c)  The Legislature also finds that developments located
266	within urban infill, urban redevelopment, existing urban
267	service, or downtown revitalization areas or areas designated as
268	urban infill and redevelopment areas under s. 163.2517 which
269	pose only special part-time demands on the transportation system
270	should be excepted from the concurrency requirement for
271	transportation facilities. A special part-time demand is one
272	that does not have more than 200 scheduled events during any
273	calendar year and does not affect the 100 highest traffic volume
274	hours.
275	(d)  A local government shall establish guidelines in the
276	comprehensive plan for granting the exceptions authorized in
277	paragraphs (b) and (c) and subsections (7) and (15) which must
278	be consistent with and support a comprehensive strategy adopted
279	in the plan to promote the purpose of the exceptions.
280	(e)  The local government shall adopt into the plan and
281	implement long-term strategies to support and fund mobility
282	within the designated exception area, including alternative
283	modes of transportation. The plan amendment shall also
284	demonstrate how strategies will support the purpose of the
285	exception and how mobility within the designated exception area
286	will be provided. In addition, the strategies must address urban
287	design; appropriate land use mixes, including intensity and
288	density; and network connectivity plans needed to promote urban
289	infill, redevelopment, or downtown revitalization. The
290	comprehensive plan amendment designating the concurrency
291	exception area shall be accompanied by data and analysis
292	justifying the size of the area.
293	(f)  Prior to the designation of a concurrency exception
294	area, the state land planning agency and the Department of
295	Transportation shall be consulted by the local government to
296	assess the impact that the proposed exception area is expected
297	to have on the adopted level-of-service standards established
298	for Strategic Intermodal System facilities, as defined in s.
299	339.64, and roadway facilities funded in accordance with s.
300	339.2819. Further, the local government shall, in consultation
301	cooperation with the state land planning agency and the
302	Department of Transportation, develop a plan to mitigate any
303	impacts to the Strategic Intermodal System, including, if
304	appropriate, the development of a long-term concurrency
305	management system pursuant to subsection (9) and s.
306	163.3177(3)(d). The exceptions may be available only within the
307	specific geographic area of the jurisdiction designated in the
308	plan. Pursuant to s. 163.3184, any affected person may challenge
309	a plan amendment establishing these guidelines and the areas
310	within which an exception could be granted.
311	(g)  Transportation concurrency exception areas existing
312	prior to July 1, 2005, shall meet, at a minimum, the provisions
313	of this section by July 1, 2006, or at the time of the
314	comprehensive plan update pursuant to the evaluation and
315	appraisal report, whichever occurs last.
316	(12)  When authorized by a local comprehensive plan, A
317	multiuse development of regional impact may satisfy the
318	transportation concurrency requirements of the local
319	comprehensive plan, the local government's concurrency
320	management system, and s. 380.06 by payment of a proportionate-
321	share contribution for local and regionally significant traffic
322	impacts, if:
323	(a)  The development of regional impact meets or exceeds
324	the guidelines and standards of s. 380.0651(3)(h) and rule 28-
325	24.032(2), Florida Administrative Code, and includes a
326	residential component that contains at least 100 residential
327	dwelling units or 15 percent of the applicable residential
328	guideline and standard, whichever is greater;
329	(a)(b)  The development of regional impact, based upon its
330	location or contains an integrated mix of land uses, and is
331	designed to encourage pedestrian or other nonautomotive modes of
332	transportation;
333	(b)(c)  The proportionate-share contribution for local and
334	regionally significant traffic impacts is sufficient to pay for
335	one or more required mobility improvements that will benefit a
336	regionally significant transportation facility;
337	(c)(d)  The owner and developer of the development of
338	regional impact pays or assures payment of the proportionate-
339	share contribution; and
340	(d)(e)  If the regionally significant transportation
341	facility to be constructed or improved is under the maintenance
342	authority of a governmental entity, as defined by s. 334.03(12),
343	other than the local government with jurisdiction over the
344	development of regional impact, the developer is required to
345	enter into a binding and legally enforceable commitment to
346	transfer funds to the governmental entity having maintenance
347	authority or to otherwise assure construction or improvement of
348	the facility.
349
350	The proportionate-share contribution may be applied to any
351	transportation facility to satisfy the provisions of this
352	subsection and the local comprehensive plan, but, for the
353	purposes of this subsection, the amount of the proportionate-
354	share contribution shall be calculated based upon the cumulative
355	number of trips from the proposed development expected to reach
356	roadways during the peak hour from the complete buildout of a
357	stage or phase being approved, divided by the change in the peak
358	hour maximum service volume of roadways resulting from
359	construction of an improvement necessary to maintain the adopted
360	level of service, multiplied by the construction cost, at the
361	time of developer payment, of the improvement necessary to
362	maintain the adopted level of service. For purposes of this
363	subsection, "construction cost" includes all associated costs of
364	the improvement. Proportionate-share mitigation shall be limited
365	to ensure that a development of regional impact meeting the
366	requirements of this subsection mitigates its impact on the
367	transportation system but is not responsible for the cost of
368	reducing or eliminating backlogs. This subsection applies to
369	Florida Quality Developments pursuant to s. 380.061 and to
370	detailed specific area plans implementing optional sector plans
371	pursuant to s. 163.3245.
372	(13)  School concurrency shall be established on a
373	districtwide basis and shall include all public schools in the
374	district and all portions of the district, whether located in a
375	municipality or an unincorporated area unless exempt from the
376	public school facilities element pursuant to s. 163.3177(12).
377	The application of school concurrency to development shall be
378	based upon the adopted comprehensive plan, as amended. All local
379	governments within a county, except as provided in paragraph
380	(f), shall adopt and transmit to the state land planning agency
381	the necessary plan amendments, along with the interlocal
382	agreement, for a compliance review pursuant to s. 163.3184(7)
383	and (8). The minimum requirements for school concurrency are the
384	following:
385	(e)  Availability standard.--Consistent with the public
386	welfare, a local government may not deny an application for site
387	plan, final subdivision approval, or the functional equivalent
388	for a development or phase of a development authorizing
389	residential development for failure to achieve and maintain the
390	level-of-service standard for public school capacity in a local
391	school concurrency management system where adequate school
392	facilities will be in place or under actual construction within
393	3 years after the issuance of final subdivision or site plan
394	approval, or the functional equivalent. School concurrency shall
395	be satisfied if the developer executes a legally binding
396	commitment to provide mitigation proportionate to the demand for
397	public school facilities to be created by actual development of
398	the property, including, but not limited to, the options
399	described in subparagraph 1. Options for proportionate-share
400	mitigation of impacts on public school facilities shall be
401	established in the public school facilities element and the
402	interlocal agreement pursuant to s. 163.31777.
403	1.  Appropriate mitigation options include the contribution
404	of land; the construction, expansion, or payment for land
405	acquisition or construction of a public school facility; or the
406	creation of mitigation banking based on the construction of a
407	public school facility in exchange for the right to sell
408	capacity credits. Such options must include execution by the
409	applicant and the local government of a binding development
410	agreement that constitutes a legally binding commitment to pay
411	proportionate-share mitigation for the additional residential
412	units approved by the local government in a development order
413	and actually developed on the property, taking into account
414	residential density allowed on the property prior to the plan
415	amendment that increased overall residential density. The
416	district school board shall be a party to such an agreement. As
417	a condition of its entry into such a development agreement, the
418	local government may require the landowner to agree to
419	continuing renewal of the agreement upon its expiration.
420	2.  If the education facilities plan and the public
421	educational facilities element authorize a contribution of land;
422	the construction, expansion, or payment for land acquisition; or
423	the construction or expansion of a public school facility, or a
424	portion thereof, as proportionate-share mitigation, the local
425	government shall credit such a contribution, construction,
426	expansion, or payment toward any other impact fee or exaction
427	imposed by local ordinance for the same need, on a dollar-for-
428	dollar basis at fair market value. Proportionate fair-share
429	mitigation shall be limited to ensure that a development meeting
430	the requirements of this subsection mitigates its impact on the
431	school system but is not responsible for the additional cost of
432	reducing or eliminating backlogs.
433	3.  Any proportionate-share mitigation must be directed by
434	the school board toward a school capacity improvement identified
435	in a financially feasible 5-year district work plan and which
436	satisfies the demands created by that development in accordance
437	with a binding developer's agreement. Upon agreement that the
438	school board will include the facility in its next regularly
439	scheduled update of the work program, the developer may
440	accelerate the provision of one of more schools that serve the
441	development's capacity needs.
442	4.  This paragraph does not limit the authority of a local
443	government to deny a development permit or its functional
444	equivalent pursuant to its home rule regulatory powers, except
445	as provided in this part.
446	(16)  It is the intent of the Legislature to provide a
447	method by which the impacts of development on transportation
448	facilities can be mitigated by the cooperative efforts of the
449	public and private sectors. The methodology used to calculate
450	proportionate fair-share mitigation under this section shall be
451	as provided for in subsection (12).
452	(a)  By December 1, 2006, each local government shall adopt
453	by ordinance a methodology for assessing proportionate fair-
454	share mitigation options. By December 1, 2005, the Department of
455	Transportation shall develop a model transportation concurrency
456	management ordinance with methodologies for assessing
457	proportionate fair-share mitigation options.
458	(b)1.  In its transportation concurrency management system,
459	a local government shall, by December 1, 2006, include
460	methodologies that will be applied to calculate proportionate
461	fair-share mitigation. A developer may choose to satisfy all
462	transportation concurrency requirements by contributing or
463	paying proportionate fair-share mitigation if transportation
464	facilities or facility segments identified as mitigation for
465	traffic impacts are specifically identified for funding in the
466	5-year schedule of capital improvements in the capital
467	improvements element of the local plan or the long-term
468	concurrency management system or if such contributions or
469	payments to such facilities or segments are reflected in the 5-
470	year schedule of capital improvements in the next regularly
471	scheduled update of the capital improvements element. Updates to
472	the 5-year capital improvements element which reflect
473	proportionate fair-share contributions may not be found not in
474	compliance based on ss. 163.3164(32) and 163.3177(3) if
475	additional contributions, payments or funding sources are
476	reasonably anticipated during a period not to exceed 10 years to
477	fully mitigate impacts on the transportation facilities.
478	2.  Proportionate fair-share mitigation shall be applied as
479	a credit against impact fees to the extent that all or a portion
480	of the proportionate fair-share mitigation is used to address
481	the same capital infrastructure improvements contemplated by the
482	local government's impact fee ordinance.
483	(c)  Proportionate fair-share mitigation includes, without
484	limitation, separately or collectively, private funds,
485	contributions of land, and construction and contribution of
486	facilities and may include public funds as determined by the
487	local government. Proportionate fair-share mitigation may be
488	directed toward one or more specific transportation improvements
489	reasonably related to the mobility demands created by the
490	development, and such improvements may address one or more modes
491	of travel. The fair market value of the proportionate fair-share
492	mitigation shall not differ based on the form of mitigation. A
493	local government may not require a development to pay more than
494	its proportionate fair-share contribution regardless of the
495	method of mitigation. Proportionate fair-share mitigation shall
496	be limited to ensure that a development meeting the requirements
497	of this subsection mitigates its impact on the transportation
498	system but is not responsible for the additional cost of
499	reducing or eliminating backlogs.
500	(d)  Nothing in this subsection shall require a local
501	government to approve a development that is not otherwise
502	qualified for approval pursuant to the applicable local
503	comprehensive plan and land development regulations.
504	(e)  Mitigation for development impacts to facilities on
505	the Strategic Intermodal System made pursuant to this subsection
506	requires the concurrence of the Department of Transportation.
507	(f)  In the event the funds in an adopted 5-year capital
508	improvements element are insufficient to fully fund construction
509	of a transportation improvement required by the local
510	government's concurrency management system, a local government
511	and a developer may still enter into a binding proportionate-
512	share agreement authorizing the developer to construct that
513	amount of development on which the proportionate share is
514	calculated if the proportionate-share amount in such agreement
515	is sufficient to pay for one or more improvements which will, in
516	the opinion of the governmental entity or entities maintaining
517	the transportation facilities, significantly benefit the
518	impacted transportation system. The improvement or improvements
519	funded by the proportionate-share component must be adopted into
520	the 5-year capital improvements schedule of the comprehensive
521	plan at the next annual capital improvements element update. The
522	funding of any improvements that significantly benefit the
523	impacted transportation system satisfies concurrency
524	requirements as a mitigation of the development's impact upon
525	the overall transportation system even if there remains a
526	failure of concurrency on other impacted facilities.
527	(g)  Except as provided in subparagraph (b)1., nothing in
528	this section shall prohibit the Department of Community Affairs
529	from finding other portions of the capital improvements element
530	amendments not in compliance as provided in this chapter.
531	(h)  The provisions of this subsection do not apply to a
532	multiuse development of regional impact satisfying the
533	requirements of subsection (12).
534	Section 4.  Section 163.3182, Florida Statutes, is created
535	to read:
536	163.3182  Transportation concurrency backlogs.--
537	(1)  DEFINITIONS.--For purposes of this section, the term:
538	(a)  "Transportation construction backlog area" means the
539	geographic area within the unincorporated portion of a county or
540	within the municipal boundary of a municipality designated in a
541	local government comprehensive plan for which a transportation
542	concurrency backlog authority is created pursuant to this
543	section.
544	(b)  "Authority" or "transportation concurrency backlog
545	authority" means the governing body of a county or municipality
546	within which an authority is created.
547	(c)  "Governing body" means the council, commission, or
548	other legislative body charged with governing the county or
549	municipality within which a transportation concurrency backlog
550	authority is created pursuant to this section.
551	(d)  "Transportation concurrency backlog" means an
552	identified deficiency where the existing extent of traffic
553	volume exceeds the level of service standard adopted in a local
554	government comprehensive plan for a transportation facility.
555	(e)  "Transportation concurrency backlog plan" means the
556	plan adopted as part of a local government comprehensive plan by
557	the governing body of a county or municipality acting as a
558	transportation concurrency backlog authority.
559	(f)  "Transportation concurrency backlog project" means any
560	designated transportation project identified for construction
561	within the jurisdiction of a transportation construction backlog
562	authority.
563	(g)  "Debt service millage" means any millage levied
564	pursuant to s. 12, Art. VII of the State Constitution.
565	(h)  "Increment revenue" means the amount calculated
566	pursuant to subsection (5).
567	(i)  "Taxing authority" means a public body that levies or
568	is authorized to levy an ad valorem tax on real property located
569	within a transportation concurrency backlog area, except a
570	school district.
571	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
572	AUTHORITIES.--
573	(a)  A county or municipality may create a transportation
574	concurrency backlog authority if it has an identified
575	transportation concurrency backlog.
576	(b)  Acting as the transportation concurrency backlog
577	authority within its jurisdictional boundary, the governing body
578	of a county or municipality shall adopt and implement a plan to
579	eliminate all identified transportation concurrency backlogs
580	within its jurisdiction using funds provided pursuant to
581	subsection (5) and as otherwise provided pursuant to this
582	section.
583	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
584	AUTHORITY.--Each transportation concurrency backlog authority
585	has the powers necessary or convenient to carry out the purposes
586	of this section, including the following powers in addition to
587	others granted in this section:
588	(a)  To make and execute contracts and other instruments
589	necessary or convenient to the exercise of its powers under this
590	section.
591	(b)  To undertake and carry out transportation concurrency
592	backlog projects for all transportation facilities that have a
593	concurrency backlog within the authority's jurisdiction.
594	Concurrency backlog projects may include transportation
595	facilities that provide for alternative modes of travel
596	including sidewalks, bikeways, and mass transit which are
597	related to a backlogged transportation facility.
598	(c)  To invest any transportation concurrency backlog funds
599	held in reserve, sinking funds, or any such funds not required
600	for immediate disbursement in property or securities in which
601	savings banks may legally invest funds subject to the control of
602	the authority and to redeem such bonds as have been issued
603	pursuant to this section at the redemption price established
604	therein, or to purchase such bonds at less than redemption
605	price. All such bonds redeemed or purchased shall be canceled.
606	(d)  To borrow money, apply for and accept advances, loans,
607	grants, contributions, and any other forms of financial
608	assistance from the Federal Government or the state, county, or
609	any other public body or from any sources, public or private,
610	for the purposes of this part, to give such security as may be
611	required, to enter into and carry out contracts or agreements,
612	and to include in any contracts for financial assistance with
613	the Federal Government for or with respect to a transportation
614	concurrency backlog project and related activities such
615	conditions imposed pursuant to federal laws as the
616	transportation concurrency backlog authority considers
617	reasonable and appropriate and which are not inconsistent with
618	the purposes of this section.
619	(e)  To make or have made all surveys and plans necessary
620	to the carrying out of the purposes of this section, to contract
621	with any persons, public or private, in making and carrying out
622	such plans, and to adopt, approve, modify, or amend such
623	transportation concurrency backlog plans.
624	(f)  To appropriate such funds and make such expenditures
625	as are necessary to carry out the purposes of this section, and
626	to enter into agreements with other public bodies, which
627	agreements may extend over any period notwithstanding any
628	provision or rule of law to the contrary.
629	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
630	(a)  Each transportation concurrency backlog authority
631	shall adopt a transportation concurrency backlog plan as a part
632	of the local government comprehensive plan within 6 months after
633	the creation of the authority. The plan shall:
634	1.  Identify all transportation facilities that have been
635	designated as deficient and require the expenditure of moneys to
636	upgrade, modify, or mitigate the deficiency.
637	2.  Include a priority listing of all transportation
638	facilities that have been designated as deficient and do not
639	satisfy concurrency requirements pursuant to s. 163.3180, and
640	the applicable local government comprehensive plan.
641	3.  Establish a schedule for financing and construction of
642	transportation concurrency backlog projects that will eliminate
643	transportation concurrency backlogs within the jurisdiction of
644	the authority within 10 years after the transportation
645	concurrency backlog plan adoption. The schedule shall be adopted
646	as part of the local government comprehensive plan.
647	(b)  The adoption of the transportation concurrency backlog
648	plan shall be exempt from the provisions of s. 163.3187(1).
649	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
650	concurrency backlog authority shall establish a local
651	transportation concurrency backlog trust fund upon creation of
652	the authority. Each local trust fund shall be administered by
653	the transportation concurrency backlog authority within which a
654	transportation concurrency backlog has been identified.
655	Beginning in the first fiscal year after the creation of the
656	authority, each local trust fund shall be funded by the proceeds
657	of an ad valorem tax increment collected within each
658	transportation concurrency backlog area to be determined
659	annually and shall be 25 percent of the difference between:
660	(a)  The amount of ad valorem tax levied each year by each
661	taxing authority, exclusive of any amount from any debt service
662	millage, on taxable real property contained within the
663	jurisdiction of the transportation concurrency backlog authority
664	and within the transportation backlog area; and
665	(b)  The amount of ad valorem taxes which would have been
666	produced by the rate upon which the tax is levied each year by
667	or for each taxing authority, exclusive of any debt service
668	millage, upon the total of the assessed value of the taxable
669	real property within the transportation concurrency backlog area
670	as shown on the most recent assessment roll used in connection
671	with the taxation of such property of each taxing authority
672	prior to the effective date of the ordinance funding the trust
673	fund.
674	(6)  EXEMPTIONS.--
675	(a)  The following public bodies or taxing authorities are
676	exempt from the provision of this section:
677	1.  A special district that levies ad valorem taxes on
678	taxable real property in more than one county.
679	2.  A special district for which the sole available source
680	of revenue is the authority to levy ad valorem taxes at the time
681	an ordinance is adopted under this section. However, revenues or
682	aid that may be dispensed or appropriated to a district as
683	defined in s. 388.011 at the discretion of an entity other than
684	such district shall not be deemed available.
685	3.  A library district.
686	4.  A neighborhood improvement district created under the
687	Safe Neighborhoods Act.
688	5.  A metropolitan transportation authority.
689	6.  A water management district created under s. 373.069.
690	(b)  A transportation concurrency exemption authority may
691	also exempt from this section a special district that levies ad
692	valorem taxes within the transportation concurrency backlog area
693	pursuant to s. 163.387(2)(d).
694	(7)  TRANSPORTATION CONCURRENCY SATISFACTION.--Upon
695	adoption of a transportation concurrency backlog plan as a part
696	of the local government comprehensive plan, and the plan going
697	into effect, the area subject to the plan shall be deemed to
698	have achieved and maintained transportation level of service
699	standards, and to have met requirements for financial
700	feasibility for transportation facilities, and for the purpose
701	of proposed development transportation concurrency has been
702	satisfied. Proportionate fair share mitigation shall be limited
703	to ensure that a development inside a transportation concurrency
704	backlog area is not responsible for the additional costs of
705	eliminating backlogs.
706	(8)  DISSOLUTION.--Upon completion of all transportation
707	concurrency backlog projects, a transportation concurrency
708	backlog authority shall be dissolved and its assets and
709	liabilities shall be transferred to the county or municipality
710	within which the authority is located. All remaining assets of
711	the authority must be used for implementation of transportation
712	projects within the jurisdiction of the authority. The local
713	government comprehensive plan shall be amended to remove the
714	transportation concurrency backlog plan.
715	Section 5.  Paragraph (c) of subsection (1) of section
716	163.3187, Florida Statutes, is amended to read:
717	163.3187  Amendment of adopted comprehensive plan.--
718	(1)  Amendments to comprehensive plans adopted pursuant to
719	this part may be made not more than two times during any
720	calendar year, except:
721	(c)  Any local government comprehensive plan amendments
722	directly related to proposed small scale development activities
723	may be approved without regard to statutory limits on the
724	frequency of consideration of amendments to the local
725	comprehensive plan. A small scale development amendment may be
726	adopted only under the following conditions:
727	1.  The proposed amendment involves a use of 10 acres or
728	fewer and:
729	a.  The cumulative annual effect of the acreage for all
730	small scale development amendments adopted by the local
731	government shall not exceed:
732	(I)  A maximum of 120 acres in a local government that
733	contains areas specifically designated in the local
734	comprehensive plan for urban infill, urban redevelopment, or
735	downtown revitalization as defined in s. 163.3164, urban infill
736	and redevelopment areas designated under s. 163.2517,
737	transportation concurrency exception areas approved pursuant to
738	s. 163.3180(5), or regional activity centers and urban central
739	business districts approved pursuant to s. 380.06(2)(e);
740	however, amendments under this paragraph may be applied to no
741	more than 60 acres annually of property outside the designated
742	areas listed in this sub-sub-subparagraph. Amendments adopted
743	pursuant to paragraph (k) shall not be counted toward the
744	acreage limitations for small scale amendments under this
745	paragraph.
746	(II)  A maximum of 80 acres in a local government that does
747	not contain any of the designated areas set forth in sub-sub-
748	subparagraph (I).
749	(III)  A maximum of 720 120 acres in a county established
750	pursuant to s. 9, Art. VIII of the State Constitution; however,
751	amendments under this paragraph may be applied to no more than
752	120 acres annually to property outside the designated areas
753	specifically identified in sub-sub-subparagraph (I).
754	b.  The proposed amendment does not involve the same
755	property granted a change within the prior 12 months.
756	c.  The proposed amendment does not involve the same
757	owner's property within 200 feet of property granted a change
758	within the prior 12 months.
759	d.  The proposed amendment does not involve a text change
760	to the goals, policies, and objectives of the local government's
761	comprehensive plan, but only proposes a land use change to the
762	future land use map for a site-specific small scale development
763	activity.
764	e.  The property that is the subject of the proposed
765	amendment is not located within an area of critical state
766	concern, unless the project subject to the proposed amendment
767	involves the construction of affordable housing units meeting
768	the criteria of s. 420.0004(3), and is located within an area of
769	critical state concern designated by s. 380.0552 or by the
770	Administration Commission pursuant to s. 380.05(1). Such
771	amendment is not subject to the density limitations of sub-
772	subparagraph f., and shall be reviewed by the state land
773	planning agency for consistency with the principles for guiding
774	development applicable to the area of critical state concern
775	where the amendment is located and shall not become effective
776	until a final order is issued under s. 380.05(6).
777	f.  If the proposed amendment involves a residential land
778	use, the residential land use has a density of 10 units or less
779	per acre or the proposed future land use category allows a
780	maximum residential density of the same or less than the maximum
781	residential density allowable under the existing future land use
782	category, except that this limitation does not apply to small
783	scale amendments involving the construction of affordable
784	housing units meeting the criteria of s. 420.0004(3) on property
785	which will be the subject of a land use restriction agreement,
786	or small scale amendments described in sub-sub-subparagraph
787	a.(I) that are designated in the local comprehensive plan for
788	urban infill, urban redevelopment, or downtown revitalization as
789	defined in s. 163.3164, urban infill and redevelopment areas
790	designated under s. 163.2517, transportation concurrency
791	exception areas approved pursuant to s. 163.3180(5), or regional
792	activity centers and urban central business districts approved
793	pursuant to s. 380.06(2)(e).
794	2.a.  A local government that proposes to consider a plan
795	amendment pursuant to this paragraph is not required to comply
796	with the procedures and public notice requirements of s.
797	163.3184(15)(c) for such plan amendments if the local government
798	complies with the provisions in s. 125.66(4)(a) for a county or
799	in s. 166.041(3)(c) for a municipality. If a request for a plan
800	amendment under this paragraph is initiated by other than the
801	local government, public notice is required.
802	b.  The local government shall send copies of the notice
803	and amendment to the state land planning agency, the regional
804	planning council, and any other person or entity requesting a
805	copy. This information shall also include a statement
806	identifying any property subject to the amendment that is
807	located within a coastal high-hazard area as identified in the
808	local comprehensive plan.
809	3.  Small scale development amendments adopted pursuant to
810	this paragraph require only one public hearing before the
811	governing board, which shall be an adoption hearing as described
812	in s. 163.3184(7), and are not subject to the requirements of s.
813	163.3184(3)-(6) unless the local government elects to have them
814	subject to those requirements.
815	4.  If the small scale development amendment involves a
816	site within an area that is designated by the Governor as a
817	rural area of critical economic concern under s. 288.0656(7) for
818	the duration of such designation, the 10-acre limit listed in
819	subparagraph 1. shall be increased by 100 percent to 20 acres.
820	The local government approving the small scale plan amendment
821	shall certify to the Office of Tourism, Trade, and Economic
822	Development that the plan amendment furthers the economic
823	objectives set forth in the executive order issued under s.
824	288.0656(7), and the property subject to the plan amendment
825	shall undergo public review to ensure that all concurrency
826	requirements and federal, state, and local environmental permit
827	requirements are met.
828	Section 6.  Subsection (14) is added to section 163.3191,
829	Florida Statutes, to read:
830	163.3191  Evaluation and appraisal of comprehensive plan.--
831	(14)  The prohibition on plan amendments in subsection (10)
832	does not apply to a proposed plan amendment adopted by a local
833	government in order to integrate a port master plan with the
834	coastal management plan element of the local comprehensive plan,
835	which is required under s. 163.3178(2)(k), if the port master
836	plan or proposed plan amendment does not cause or contribute to
837	the local government's failure to comply with the requirements
838	of the evaluation and appraisal report.
839	Section 7.  Section 163.3229, Florida Statutes, is amended
840	to read:
841	163.3229  Duration of a development agreement and
842	relationship to local comprehensive plan.--The duration of a
843	development agreement shall not exceed 20 10 years. It may be
844	extended by mutual consent of the governing body and the
845	developer, subject to a public hearing in accordance with s.
846	163.3225. No development agreement shall be effective or be
847	implemented by a local government unless the local government's
848	comprehensive plan and plan amendments implementing or related
849	to the agreement are found in compliance by the state land
850	planning agency in accordance with s. 163.3184, s. 163.3187, or
851	s. 163.3189.
852	Section 8.  Section 163.32465, Florida Statutes, is created
853	to read:
854	163.32465  Pilot program providing a plan review process
855	for densely developed areas.--
856	(1)  LEGISLATIVE FINDINGS.--The Legislature finds that
857	local governments in this state have a wide diversity of
858	resources, conditions, abilities, and needs. The state role in
859	overseeing growth management should reflect these varied needs.
860	State oversight should focus on areas in which that oversight
861	provides the most value to the state and each local area. State
862	efforts should include technical assistance and advice to
863	improve the state's and local governments' ability to respond to
864	growth-related issues. The state should also provide oversight
865	to ensure compliance with chapter 163 comprehensive planning
866	issues in those areas in which the patterns of development are
867	being established. As such, the state's role should vary based
868	on local government conditions and capabilities. Section
869	163.3246 provides a certification process for areas in which
870	local governments have committed to directing growth in the next
871	10 years and using exemplary planning practices. The pilot
872	program provided under this section recognizes that some areas
873	of the state should be exempt from unnecessary state oversight
874	based on established patterns of development.
875	(2)  COMPLIANCE REVIEW EXEMPTIONS.--Pinellas and Broward
876	Counties, as examples of highly developed counties, and
877	Jacksonville, Miami, Tampa, Hialeah, and Tallahassee, as
878	examples of highly populated municipalities, with processes in
879	place to allow for coordination of planning activities with
880	local oversight are exempt from compliance reviews by the state
881	land planning agency. Municipalities within exempt counties may
882	elect, by supermajority vote of the governing body, not to
883	participate in the pilot program.
884	(3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
885	FOR EXEMPT COUNTIES AND MUNICIPALITIES.--
886	(a)  Plan amendments proposed and adopted under this
887	section shall follow the procedures of this section and are not
888	subject to state land planning agency review pursuant to ss.
889	163.3184 and 163.3187, unless otherwise provided in this
890	section.
891	(b)  Small scale amendments shall be adopted pursuant to s.
892	163.3187.
893	(c)  Plan amendments that propose a rural land stewardship
894	area pursuant to s. 163.3177(11)(d), update a comprehensive plan
895	based on an evaluation and appraisal report, or are the initial
896	implementation of new statutory requirements that require
897	specific comprehensive plan amendments shall be reviewed
898	pursuant to s. 163.3184.
899	(4)  DEFINITIONS.--The definitions of s. 163.3184(1) apply
900	for purposes of this section.
901	(5)  PUBLIC HEARINGS.--
902	(a)  The procedure for transmittal of a complete proposed
903	comprehensive plan amendment pursuant to subsection (6) and for
904	adoption of a comprehensive plan amendment pursuant to
905	subsection (9) shall be by affirmative vote of at least a
906	majority of the members of the governing body present at the
907	hearing. The adoption of a comprehensive plan amendment shall be
908	by ordinance. For the purposes of transmitting or adopting a
909	comprehensive plan or plan amendment, the notice requirements in
910	chapters 125 and 166 are superseded by this subsection, except
911	as provided in this part.
912	(b)  The local governing body shall hold at least two
913	advertised public hearings on a proposed comprehensive plan
914	amendment as follows:
915	1.  The first public hearing shall be held at the
916	transmittal stage pursuant to subsection (6). The hearing shall
917	be held on a weekday at least 7 days after the day the first
918	advertisement is published.
919	2.  The second public hearing shall be held at the adoption
920	stage pursuant to subsection (9). The hearing shall be held on a
921	weekday at least 5 days after the day the second advertisement
922	is published.
923	(c)  The local government shall provide a sign-in form at
924	each hearing for persons to provide their names and mailing
925	addresses. The local government shall add to the sign-in form
926	the name and address of any person or governmental agency that
927	submits written comments concerning the proposed plan amendment
928	during the time period between the commencement of the
929	transmittal hearing and the end of the adoption hearing.
930	(d)  If a proposed comprehensive plan amendment changes the
931	actual list of permitted, conditional, or prohibited uses within
932	a future land use category or changes the actual future land use
933	map designation of any parcel of land, the required
934	advertisements shall be in the format prescribed by s.
935	125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
936	municipality.
937	(6)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN
938	AMENDMENT.--Each local governing body shall transmit a complete
939	proposed comprehensive plan amendment to the state land planning
940	agency; the appropriate regional planning council and water
941	management district; the Department of Environmental Protection;
942	the Department of State; the Department of Transportation; in
943	the case of municipal plans, to the appropriate county; and, in
944	the case of county plans, to the Fish and Wildlife Conservation
945	Commission and the Department of Agriculture and Consumer
946	Services immediately following a public hearing pursuant to
947	subsection (5) as specified in the state land planning agency's
948	procedural rules. If the plan amendment includes or impacts the
949	public school facilities element pursuant to s. 163.3177(12),
950	the local government shall submit a copy to the Office of
951	Educational Facilities of the Commissioner of Education for
952	review and comment. The local governing body shall also transmit
953	a copy of the complete proposed comprehensive plan amendment to
954	any other unit of local government or government agency in the
955	state that has filed a written request with the governing body
956	for a copy of the plan amendment. Local governing bodies shall
957	consolidate all proposed plan amendments into a single
958	submission for each of the two plan amendment adoption dates
959	during the calendar year pursuant to s. 163.3187.
960	(7)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
961	specified in subsection (6) may provide comments to the local
962	government. Comments, if provided, shall be submitted within 30
963	days after receipt of the proposed plan amendment.
964	(8)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.--The review of
965	the regional planning council pursuant to subsection (7) shall
966	be limited to effects on regional resources or facilities
967	identified in the strategic regional policy plan and
968	extrajurisdictional impacts that would be inconsistent with the
969	comprehensive plan of the affected local government. A regional
970	planning council shall not review and comment on a proposed
971	comprehensive plan amendment prepared by such council. The
972	review by the county land planning agency pursuant to subsection
973	(7) shall be primarily in the context of the relationship and
974	effect of the proposed plan amendment on any county
975	comprehensive plan element. Any review by municipalities must be
976	primarily in the context of the relationship and effect on the
977	municipal plan.
978	(9)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
979	AMENDMENTS AND TRANSMITTAL.--
980	(a)  The local government shall review any submitted
981	written comments and testimony provided by any person or
982	governmental agency. Any comments or recommendations and any
983	reply to comments or recommendations are public documents, a
984	part of the permanent record in the matter, and admissible in
985	any proceeding in which the comprehensive plan amendment may be
986	at issue. The adoption of the proposed plan amendment or the
987	determination not to adopt a plan amendment, other than a plan
988	amendment proposed pursuant to s. 163.3191, shall be made in the
989	course of a public hearing pursuant to subsection (5). The local
990	government shall transmit the complete adopted comprehensive
991	plan amendment, including the names and addresses of persons
992	compiled pursuant to paragraph (5)(c), to the state land
993	planning agency within 10 working days after the amendment is
994	adopted. The local governing body shall also transmit a copy of
995	the adopted comprehensive plan amendment to the regional
996	planning agency and to any other unit of local government or
997	governmental agency in the state that has filed a written
998	request with the governing body for a copy of the plan
999	amendment.
1000	(b)  If the adopted plan amendment is unchanged from the
1001	proposed plan amendment transmitted pursuant to subsection (6),
1002	the local government may state in the transmittal letter that
1003	the plan amendment is unchanged.
1004	(10)  CHALLENGES TO THE COMPLIANCE OF AN ADOPTED PLAN
1005	AMENDMENT.--
1006	(a)  Any affected person as defined by s. 163.3184(1)(a),
1007	the state land planning agency, the Department of Environmental
1008	Protection, or the Department of Transportation may file a
1009	petition with the Division of Administrative Hearings pursuant
1010	to ss. 120.569 and 120.57 to request a hearing to challenge the
1011	compliance of an amendment with this section within 30 days
1012	after the local government adopts the amendment and shall serve
1013	a copy of the petition on the local government. The state land
1014	planning agency may intervene in any proceeding initiated
1015	pursuant to this subsection. A state agency challenge shall be
1016	limited to significant regional or statewide impacts within the
1017	agency's jurisdiction as it relates to consistency with the
1018	requirements of this part and shall be limited to those issues
1019	raised in comments provided to the local government during the
1020	transmittal review pursuant to subsection (7).
1021	(b)  An administrative law judge shall hold a hearing in
1022	the affected jurisdiction not less than 30 days nor more than 60
1023	days after a petition is filed and an administrative law judge
1024	is assigned. The parties to a hearing held pursuant to this
1025	subsection shall be the petitioner, the local government, and
1026	any intervenor. In the proceeding, the local government's
1027	determination that the amendment is in compliance is presumed to
1028	be correct. The local government's determination shall be
1029	sustained unless it is shown by a preponderance of the evidence
1030	that the amendment is not in compliance with the requirements of
1031	this section.
1032	(c)1.  If the administrative law judge recommends that the
1033	amendment be found to be not in compliance, the administrative
1034	law judge shall submit the recommended order to the
1035	Administration Commission for final agency action. If the
1036	administrative law judge recommends that the amendment be found
1037	to be in compliance, the administrative law judge shall submit
1038	the recommended order to the state land planning agency.
1039	2.  If the state land planning agency determines that the
1040	plan amendment is not in compliance, the agency shall submit,
1041	within 30 days after receiving a recommended order, the
1042	recommended order to the Administration Commission for final
1043	agency action. If the state land planning agency determines that
1044	the plan amendment is in compliance, the agency shall enter a
1045	final order within 30 days following its receipt of the
1046	recommended order.
1047	(d)  An amendment shall not become effective until 31 days
1048	after adoption. If challenged within 30 days after adoption, an
1049	amendment shall not become effective until the state land
1050	planning agency or the Administration Commission, respectively,
1051	issues a final order determining the adopted amendment is in
1052	compliance.
1053	(11)  APPLICABILITY.--
1054	(a)  This section does not supersede the provisions of s.
1055	163.3187(6).
1056	(b)  Local governments and specific areas that have been
1057	designated for alternate review process pursuant to ss. 163.3246
1058	and 163.3184(17) and (18) are not subject to this section.
1059	(12)  ASSISTANCE.--A local government may seek technical
1060	assistance from the state land planning agency on planning
1061	issues relating to its comprehensive plan regardless of its
1062	status in this program.
1063	(13)  REPORTS.--The Legislative Committee on
1064	Intergovernmental Relations shall evaluate the pilot program
1065	provided in this section and prepare and submit a report to the
1066	Governor, the President of the Senate, and the Speaker of the
1067	House of Representatives by November 30, 2010. In evaluating the
1068	pilot program, the committee shall solicit comments from local
1069	governments, citizens, and reviewing agencies. The report shall
1070	include a discussion of local, regional, and state issues of
1071	significance that have occurred within the designated local
1072	governments and how the designation has affected these issues.
1073	The report shall include, if applicable, extrajurisdictional
1074	conflicts and resolutions, development patterns and their
1075	effects on infrastructure capacity, and environmental and
1076	resource issues as such issues pertain to the pilot program. The
1077	report shall identify benefits and concerns relating to the
1078	exemptions from state review, as appropriate.
1079	Section 9.  Paragraph (c) of subsection (19) of section
1080	380.06, Florida Statutes, is amended to read:
1081	380.06  Developments of regional impact.--
1082	(19)  SUBSTANTIAL DEVIATIONS.--
1083	(c)  An extension of the date of buildout of a development,
1084	or any phase thereof, by more than 7 years shall be presumed to
1085	create a substantial deviation subject to further development-
1086	of-regional-impact review. An extension of the date of buildout,
1087	or any phase thereof, of more than 5 years but not more than 7
1088	years shall be presumed not to create a substantial deviation.
1089	The extension of the date of buildout of an areawide development
1090	of regional impact by more than 5 years but less than 10 years
1091	is presumed not to create a substantial deviation. These
1092	presumptions may be rebutted by clear and convincing evidence at
1093	the public hearing held by the local government. An extension of
1094	5 years or less is not a substantial deviation. For the purpose
1095	of calculating when a buildout or phase date has been exceeded,
1096	the time shall be tolled during the pendency of administrative
1097	or judicial proceedings relating to development permits. Any
1098	extension of the buildout date of a project or a phase thereof
1099	shall automatically extend the commencement date of the project,
1100	the termination date of the development order, the expiration
1101	date of the development of regional impact, and the phases
1102	thereof if applicable by a like period of time. All development-
1103	of-regional-impact phase and buildout dates for projects under
1104	construction as of July 1, 2007, are extended for a total of 3
1105	years, regardless of any prior extensions. Such 3-year extension
1106	is not a substantial deviation, shall not be subject to further
1107	development-or-regional impact review, and shall not be
1108	considered when determining whether any subsequent extension is
1109	a substantial deviation pursuant to this paragraph.
1110	Section 10.  This act shall take effect July 1, 2007.

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