Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 474

193790

578-04994B-08

Proposed Committee Substitute by the Committee on Community

Affairs

A bill to be entitled

An act relating to growth management; amending s. 70.51,

F.S.; deleting an exemption from the limitation on the

frequency of amendments of comprehensive plans;

transferring, renumbering, and amending s. 125.379, F.S.;

requiring counties to certify that they have prepared a

list of county-owned property appropriate for affordable

housing before obtaining certain funding; amending s.

163.3174, F.S.; prohibiting the members of the local

governing body from serving on the local planning agency;

providing an exception; amending s. 163.3177, F.S.;

revising the definition of "financial feasibility";

requiring coordination of the local comprehensive plan

with a school district's educational facilities plan;

including a provision encouraging rural counties to adopt

a rural sub-element as part of their future land use plan;

prohibiting local comprehensive plans from imposing

certain standards or development conditions inconsistent

with certain requirements of law or state requirements for

educational facilities or with maintaining financially

feasible school district facilities work plans; requiring

certain counties to certify that they have adopted a plan

for ensuring affordable workforce housing before obtaining

certain funding; requiring the housing element of the

comprehensive plan to include a provision addressing

senior affordable housing; authorizing the state land

planning agency to amend administrative rules relating to

planning criteria to allow for varying local conditions;

deleting exemptions from the limitation on the frequency

of plan amendments; deleting provisions encouraging local

governments to develop a community vision and to designate

an urban service boundary; amending s. 163.31771, F.S.;

requiring a local government to amend its comprehensive

plan to allow accessory dwelling units in an area zoned

for single-family residential use; prohibiting such units

from being treated as new units if there is a land use

restriction agreement that restricts use to affordable

housing; prohibiting accessory dwelling units from being

located on certain land; amending s. 163.31777, F.S.;

prohibiting local governments from imposing certain

standards or development conditions inconsistent with

certain requirements of law or state requirements for

educational facilities or with maintaining financially

feasible school district facilities work plans; delaying

the implementation or enforcement of school concurrency on

a less-than-districtwide basis until a certain date;

amending s. 163.3178, F.S.; revising provisions relating

to coastal management and coastal high-hazard areas;

providing factors for demonstrating the compliance of a

comprehensive plan amendment with rule provisions relating

to coastal areas; amending s. 163.3180, F.S.; revising

concurrency requirements; specifying municipal projects

that are eligible for transportation concurrency exception

areas; revising provisions relating to the Strategic

Intermodal System; deleting a requirement for local

governments to annually submit a summary of de minimus

records; providing additional requirements for school

concurrency service areas and contiguous service areas;

providing a minimum state availability standard for school

concurrency; extending the deadline for local governments

to adopt a public school facilities element and interlocal

agreement; providing that a developer may not be required

to reduce or eliminate backlog or address class size

reduction; requiring charter schools to be considered as a

mitigation option under certain circumstances; limiting

the circumstances under which a local government may deny

a development permit or comprehensive plan amendment based

on school concurrency; requiring school districts to

include relocatables in their calculation of school

capacity in certain circumstances; requiring consistency

between a school impact fee and an adopted school

concurrency ordinance; absolving a developer from

responsibility for mitigating school concurrency backlogs

or addressing class size; authorizing a methodology based

on vehicle and miles traveled for calculating

proportionate fair-share methodology; providing

transportation concurrency incentives for private

developers; deleting an exemption from transportation

concurrency provided to certain workforce housing;

requiring proportionate-share mitigation for developments

of regional impact to be based on the existing level of

service or the adopted level-of-service standard,

whichever is less; defining the term "backlogged

transportation facility"; providing for recommendations

for the establishment of a uniform mobility fee

methodology to replace the current transportation

concurrency management system; amending s. 163.3181, F.S.;

requiring an applicant for certain future land use map

amendments to hold community or neighborhood meetings

before filing the application for and the adoption hearing

on the amendment; providing an exception; amending s.

163.3184, F.S.; requiring that potential applicants for a

future land use map amendment conduct a meeting to

present, discuss, and solicit public comment on the

proposed amendment; requiring that such meeting be

conducted before the application is filed; providing

notice and procedure requirements for such meetings;

providing for applicability of such requirements;

requiring that applicants conduct a second meeting within

100

a specified period before the local government's scheduled

101

adoption hearing; providing for notice of such meeting;

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requiring that an applicant file with the local government

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a written certification attesting to certain information;

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exempting small-scale amendments from requirements related

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to meetings; providing that an amendment is deemed

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abandoned under certain circumstances; authorizing such

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amendments to be considered during the next amendment

108

cycle; providing exceptions; authorizing the state land

109

planning agency to grant extensions; requiring that a

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comprehensive plan or amendment to be adopted be available

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to the public; prohibiting the alteration of an amendment

112

during a specified period before the hearing thereupon;

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requiring that the local government certify certain

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information to the state land planning agency; deleting

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exemptions from the limitation on the frequency of

116

amendments of comprehensive plans; deleting provisions

117

relating to community vision and urban boundary amendments

118

to conform to changes made by the act; amending s.

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163.3187, F.S.; providing that comprehensive plan

120

amendments may be adopted by simple majority vote of the

121

governing body of the applicable local government;

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requiring a super majority vote of such persons for the

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adoption of certain amendments; authorizing local

124

governments to transmit and adopt certain plan amendments

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twice per calendar year; authorizing local governments to

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transmit and adopt certain plan amendments at any time

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during a calendar year without regard for restrictions on

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frequency; deleting certain types of amendments from the

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list of amendments eligible for adoption at any time

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during a calendar year; deleting exemptions from frequency

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limitations; providing circumstances under which small-

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scale amendments become effective; amending s. 163.3245,

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F.S.; revising provisions relating to optional sector

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plans; authorizing all local government to adopt optional

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sector plans into their comprehensive plan; increasing the

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size of the area to which sector plans apply; deleting

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certain restrictions on a local government upon entering

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into sector plans; deleting an annual monitoring report

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submitted by a host local government that has adopted a

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sector plan and a status report submitted by the

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department on optional sector plans; amending s. 163.3246,

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F.S.; discontinuing the Local Government Comprehensive

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Planning Certification Program except for currently

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certified local governments; retaining an exemption from

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DRI review for a certified community in certain

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circumstances; creating s. 163.32461, F.S.; providing

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expedited affordable housing growth strategies; providing

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legislative intent; providing definitions; providing an

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optional expedited review for future land use map

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amendments; providing procedures for such review;

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providing for the expedited review of subdivision, site

152

plans, and building permits; providing for density bonuses

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for certain land use; amending s. 163.32465, F.S.;

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revising provisions relating to the state review of

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comprehensive plans; providing additional types of

156

amendments to which the alternative state review applies;

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renumbering and amending s. 166.0451, F.S.; requiring

158

municipalities to certify that they have prepared a list

159

of county-owned property appropriate for affordable

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housing before obtaining certain funding; amending s.

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163.32465, F.S.; conforming cross-references; amending s.

162

253.034, F.S.; requiring that a manager of conservation

163

lands report to the Board of Trustees of the Internal

164

Improvement Trust Fund at specified intervals regarding

165

those lands not being used for the purpose for which they

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were originally leased; requiring that the Division of

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State Lands annually submit to the President of the Senate

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and the Speaker of the House of Representatives a copy of

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the state inventory identifying all nonconservation lands;

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requiring the division to publish a copy of the annual

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inventory on its website and notify by electronic mail the

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executive head of the governing body of each local

173

government having lands in the inventory within its

174

jurisdiction; amending s. 288.975, F.S.; conforming cross-

175

references; amending s. 380.06, F.S.; conforming a cross-

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reference; providing an exception from development-of-

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regional-impact review; providing a 3-year extension for

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the buildout, commencement, and expiration dates of

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developments of regional impact and Florida Quality

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Developments; providing that all transportation impacts

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for a phase or stage of a development of regional impact

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shall be deemed mitigated under certain circumstances;

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amending s. 380.0651, F.S.; providing an exemption from

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development-of-regional impact review; amending s.

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1002.33, F.S.; restricting facilities from providing space

186

to charter schools unless such use is consistent with the

187

local comprehensive plan; creating s. 1011.775, F.S.;

188

requiring that each district school board prepare an

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inventory list of certain real property on or before a

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specified date and at specified intervals thereafter;

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requiring that such list include certain information;

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requiring that the district school board review the list

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at a public meeting and make certain determinations;

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requiring that the board state its intended use for

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certain property; authorizing the board to revise the list

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at the conclusion of the public meeting; requiring that

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the board adopt a resolution; authorizing the board to

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offer certain properties for sale and use the proceeds for

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specified purposes; authorizing the board to make the

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property available for the production and preservation of

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permanent affordable housing; defining the term

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"affordable" for specified purposes; amending s. 1013.33,

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F.S.; prohibiting the imposition of standards and

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conditions exceeding certain requirements for an

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educational facilities or school district facilities work

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plan under certain circumstances; providing an exception;

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amending s. 1013.372, F.S.; requiring that certain charter

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schools serve as public shelters at the request of the

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local emergency management agency; repealing s. 339.282,

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F.S., relating to transportation concurrency incentives;

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repealing s. 420.615, F.S., relating to affordable housing

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land donation density bonus incentives; amending ss.

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163.3217, 163.3182, and 171.203, F.S.; deleting exemptions

214

from the limitation on the frequency of amendments of

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comprehensive plans; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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Section 1. Subsection (26) of section 70.51, Florida

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Statutes, is amended to read:

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70.51 Land use and environmental dispute resolution.--

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(26) A special magistrate's recommendation under this

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section constitutes data in support of, and a support document

224

for, a comprehensive plan or comprehensive plan amendment, but is

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not, in and of itself, dispositive of a determination of

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compliance with chapter 163. Any comprehensive plan amendment

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necessary to carry out the approved recommendation of a special

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magistrate under this section is exempt from the twice-a-year

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limit on plan amendments and may be adopted by the local

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government amendments in s. 163.3184(16)(d).

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Section 2. Section 125.379, Florida Statutes, is

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transferred, renumbered as section 163.32431, Florida Statutes,

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and amended to read:

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163.32431 125.379 Disposition of county property for

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affordable housing.--

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(1) By July 1, 2007, and every 3 years thereafter, each

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county shall prepare an inventory list of all real property

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within its jurisdiction to which the county holds fee simple

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title that is appropriate for use as affordable housing. The

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inventory list must include the address and legal description of

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each such real property and specify whether the property is

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vacant or improved. The governing body of the county must review

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the inventory list at a public hearing and may revise it at the

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conclusion of the public hearing. The governing body of the

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of the such property following the public hearing.

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(2) The properties identified as appropriate for use as

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affordable housing on the inventory list adopted by the county

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may be offered for sale and the proceeds used to purchase land

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for the development of affordable housing or to increase the

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local government fund earmarked for affordable housing, or may be

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sold with a restriction that requires the development of the

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property as permanent affordable housing, or may be donated to a

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nonprofit housing organization for the construction of permanent

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affordable housing. Alternatively, the county may otherwise make

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the property available for use for the production and

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preservation of permanent affordable housing. For purposes of

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this section, the term "affordable" has the same meaning as in s.

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420.0004(3).

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(3) As a precondition to receiving any state affordable

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housing funding or allocation for any project or program within a

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county's jurisdiction, a county must, by July 1 of each year,

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provide certification that the inventory and any update required

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by this section are complete.

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Section 3. Subsection (1) of section 163.3174, Florida

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Statutes, is amended to read:

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163.3174 Local planning agency.--

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(1) The governing body of each local government,

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individually or in combination as provided in s. 163.3171, shall

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designate and by ordinance establish a "local planning agency,"

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Notwithstanding any special act to the contrary, all local

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planning agencies or equivalent agencies that first review

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rezoning and comprehensive plan amendments in each municipality

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and county shall include a representative of the school district

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planning agency or equivalent agency to attend those meetings at

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which the agency considers comprehensive plan amendments and

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rezonings that would, if approved, increase residential density

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on the property that is the subject of the application. However,

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this subsection does not prevent the governing body of the local

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government from granting voting status to the school board

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member. Members of the local governing body may not serve on

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designate itself as the local planning agency pursuant to this

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subsection, except in a municipality having a population of 5,000

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or fewer with the addition of a nonvoting school board

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representative. The local governing body shall notify the state

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land planning agency of the establishment of its local planning

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agency. All local planning agencies shall provide opportunities

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for involvement by applicable community college boards, which may

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be accomplished by formal representation, membership on technical

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advisory committees, or other appropriate means. The local

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planning agency shall prepare the comprehensive plan or plan

294

amendment after hearings to be held after public notice and shall

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make recommendations to the local governing body regarding the

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adoption or amendment of the plan. The local planning agency may

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be a local planning commission, the planning department of the

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local government, or other instrumentality, including a

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countywide planning entity established by special act or a

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council of local government officials created pursuant to s.

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163.02, provided the composition of the council is fairly

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planning area; however:

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(a) If a joint planning entity was is in existence on July

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1, 1975 the effective date of this act which authorizes the

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governing bodies to adopt and enforce a land use plan effective

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throughout the joint planning area, that entity shall be the

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agency for those local governments until such time as the

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authority of the joint planning entity is modified by law.

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(b) In the case of chartered counties, the planning

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responsibility between the county and the several municipalities

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Section 4. Paragraph (b) of subsection (3), paragraph (a)

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of subsection (4), paragraphs (a), (c), (f), (g), and (h) of

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subsection (6), paragraph (e) of subsection (7), paragraph (i) of

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subsection (10), paragraph (i) of subsection (12), and

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subsections (13) and (14) of section 163.3177, Florida Statutes,

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163.3177 Required and optional elements of comprehensive

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plan; studies and surveys.--

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(3)

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(b)1. The capital improvements element must be reviewed on

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an annual basis and modified as necessary in accordance with s.

324

163.3187 or s. 163.3189 in order to maintain a financially

325

feasible 5-year schedule of capital improvements. Corrections and

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facilities pursuant to dedications which are consistent with the

328

plan may be accomplished by ordinance and shall not be deemed to

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be amendments to the local comprehensive plan. A copy of the

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ordinance shall be transmitted to the state land planning agency.

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An amendment to the comprehensive plan is required to update the

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schedule on an annual basis or to eliminate, defer, or delay the

333

construction for any facility listed in the 5-year schedule. All

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public facilities must be consistent with the capital

335

improvements element. Amendments to implement this section must

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be adopted and transmitted no later than December 1, 2009 2008.

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Thereafter, a local government may not amend its future land use

338

map, except for plan amendments to meet new requirements under

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340

after December 1, 2009 2008, and every year thereafter, unless

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and until the local government has adopted the annual update and

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it has been transmitted to the state land planning agency.

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2. Capital improvements element amendments adopted after

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the effective date of this act shall require only a single public

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hearing before the governing board which shall be an adoption

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hearing as described in s. 163.3184(7). Such amendments are not

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subject to the requirements of s. 163.3184(3)-(6).

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(4)(a) Coordination of the local comprehensive plan with

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the comprehensive plans of adjacent municipalities, the county,

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adjacent counties, or the region; with the appropriate water

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management district's regional water supply plans approved

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designated areas of critical state concern; with the school

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district's educational facilities plan approved pursuant to s.

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1013.35; and with the state comprehensive plan shall be a major

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objective of the local comprehensive planning process. To that

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end, in the preparation of a comprehensive plan or element

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thereof, and in the comprehensive plan or element as adopted, the

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governing body shall include a specific policy statement

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indicating the relationship of the proposed development of the

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area to the comprehensive plans of adjacent municipalities, the

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county, adjacent counties, or the region and to the state

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comprehensive plan, as the case may require and as such adopted

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plans or plans in preparation may exist.

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(6) In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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(a) A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

372

buildings and grounds, other public facilities, and other

373

categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map.

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1. Each future land use category must be defined in terms

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of uses included, and must include standards for to be followed

379

in the control and distribution of population densities and

380

building and structure intensities. The proposed distribution,

381

location, and extent of the various categories of land use shall

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be shown on a land use map or map series which shall be

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2. The future land use plan shall be based upon surveys,

385

studies, and data regarding the area, including the amount of

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land required to accommodate anticipated growth; the projected

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population of the area; the character of undeveloped land; the

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availability of water supplies, public facilities, and services;

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the need for redevelopment, including the renewal of blighted

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areas and the elimination of nonconforming uses which are

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inconsistent with the character of the community; the

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compatibility of uses on lands adjacent to or closely proximate

393

to military installations; the discouragement of urban sprawl;

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energy efficient land use patterns that reduce vehicle-miles

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traveled; and, in rural communities, the need for job creation,

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capital investment, and economic development that will strengthen

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and diversify the community's economy.

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3. The future land use plan may designate areas for future

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planned development use involving combinations of types of uses

400

for which special regulations may be necessary to ensure

401

development in accord with the principles and standards of the

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comprehensive plan and this act.

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4. The future land use plan element shall include criteria

404

to be used to achieve the compatibility of adjacent or closely

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proximate lands with military installations.

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5. Counties are encouraged to adopt a rural sub-element as

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a part of the future land use plan. The sub-element shall apply

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to all lands classified in the future land use plan as

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predominantly agricultural, rural, open, open-rural, or a

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substantively equivalent land use. The rural sub-element shall

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include goals, objectives, and policies that enhance rural

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economies, promote the viability of agriculture, provide for

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appropriate economic development, discourage urban sprawl, and

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ensure the protection of natural resources. The rural sub-element

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shall generally identify anticipated areas of rural,

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agricultural, and conservation areas that may be considered for

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conversion to urban land use and appropriate sites for affordable

418

housing. The rural sub-element shall also generally identify

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areas that may be considered for rural land stewardship areas,

420

sector planning, or new communities or towns in accordance with

421

ss. 163.3177(11) and 163.3245(2). In addition, For rural

422

communities, the amount of land designated for future planned

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industrial use shall be based upon surveys and studies that

424

reflect the need for job creation, capital investment, and the

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necessity to strengthen and diversify the local economies, and

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may shall not be limited solely by the projected population of

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the rural community.

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6. The future land use plan of a county may also designate

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areas for possible future municipal incorporation.

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7. The land use maps or map series shall generally identify

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and depict historic district boundaries and shall designate

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historically significant properties meriting protection.

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8. For coastal counties, the future land use plan element

434

must include, without limitation, regulatory incentives and

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criteria that encourage the preservation of recreational and

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commercial working waterfronts as defined in s. 342.07.

437

9. The future land use plan element must clearly identify

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the land use categories in which public schools are an allowable

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use. When delineating such the land use categories in which

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public schools are an allowable use, a local government shall

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include in the categories sufficient land proximate to

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residential development to meet the projected needs for schools

443

in coordination with public school boards and may establish

444

differing criteria for schools of different type or size. Each

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local government shall include lands contiguous to existing

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447

categories in which public schools are an allowable use. The

448

failure by a local government to comply with these school siting

449

requirements will result in the prohibition of The local

450

government may not government's ability to amend the local

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comprehensive plan, except for plan amendments described in s.

452

163.3187(1)(b), until the school siting requirements are met.

453

Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

456

of plan amendments contained in s. 163.3187. The future land use

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plan element shall include criteria that encourage the location

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of schools proximate to urban residential areas to the extent

459

possible and shall require that the local government seek to

460

collocate public facilities, such as parks, libraries, and

461

community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

463

neighborhoods. For schools serving predominantly rural counties,

464

defined as a county having with a population of 100,000 or fewer,

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an agricultural land use category is shall be eligible for the

466

location of public school facilities if the local comprehensive

467

plan contains school siting criteria and the location is

468

consistent with such criteria. Local governments required to

469

update or amend their comprehensive plan to include criteria and

470

address compatibility of adjacent or closely proximate lands with

471

existing military installations in their future land use plan

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element shall transmit the update or amendment to the department

473

by June 30, 2006.

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potable water, and natural groundwater aquifer recharge element

476

correlated to principles and guidelines for future land use,

477

indicating ways to provide for future potable water, drainage,

478

sanitary sewer, solid waste, and aquifer recharge protection

479

requirements for the area. The element may be a detailed

480

engineering plan including a topographic map depicting areas of

481

prime groundwater recharge. The element shall describe the

482

problems and needs and the general facilities that will be

483

required for solution of the problems and needs. The element

484

shall also include a topographic map depicting any areas adopted

485

by a regional water management district as prime groundwater

486

recharge areas for the Floridan or Biscayne aquifers. These areas

487

shall be given special consideration when the local government is

488

engaged in zoning or considering future land use for said

489

designated areas. For areas served by septic tanks, soil surveys

490

shall be provided which indicate the suitability of soils for

491

septic tanks. Within 18 months after the governing board approves

492

an updated regional water supply plan, the element must

493

incorporate the alternative water supply project or projects

494

selected by the local government from those identified in the

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regional water supply plan pursuant to s. 373.0361(2)(a) or

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proposed by the local government under s. 373.0361(7)(b). If a

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local government is located within two water management

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districts, the local government shall adopt its comprehensive

499

plan amendment within 18 months after the later updated regional

500

water supply plan. The element must identify such alternative

501

water supply projects and traditional water supply projects and

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conservation and reuse necessary to meet the water needs

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identified in s. 373.0361(2)(a) within the local government's

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jurisdiction and include a work plan, covering at least a 10 year

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planning period, for building public, private, and regional water

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supply facilities, including development of alternative water

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supplies, which are identified in the element as necessary to

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serve existing and new development. The work plan shall be

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updated, at a minimum, every 5 years within 18 months after the

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updated regional water supply plan. Amendments to incorporate the

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work plan do not count toward the limitation on the frequency of

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adoption of amendments to the comprehensive plan. Local

514

governments, public and private utilities, regional water supply

515

authorities, special districts, and water management districts

516

are encouraged to cooperatively plan for the development of

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multijurisdictional water supply facilities that are sufficient

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to meet projected demands for established planning periods,

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including the development of alternative water sources to

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supplement traditional sources of groundwater and surface water

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supplies.

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(f)1. A housing element consisting of standards, plans, and

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principles to be followed in:

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a. The provision of housing for all current and anticipated

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future residents of the jurisdiction.

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b. The elimination of substandard dwelling conditions.

528

c. The structural and aesthetic improvement of existing

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housing.

530

d. The provision of adequate sites for future housing,

531

including affordable workforce housing as defined in s.

532

380.0651(3)(j), housing for low-income, very low-income, and

533

moderate-income families, mobile homes, senior affordable

534

housing, and group home facilities and foster care facilities,

535

with supporting infrastructure and public facilities. This

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includes compliance with the applicable public lands provision

537

under s. 163.32431 or s. 163.32432.

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e. Provision for relocation housing and identification of

539

historically significant and other housing for purposes of

540

conservation, rehabilitation, or replacement.

541

f. The formulation of housing implementation programs.

542

g. The creation or preservation of affordable housing to

543

minimize the need for additional local services and avoid the

544

concentration of affordable housing units only in specific areas

545

of the jurisdiction.

546

547

(I)h. By July 1, 2008, each county in which the gap between

548

the buying power of a family of four and the median county home

549

sale price exceeds $170,000, as determined by the Florida Housing

550

Finance Corporation, and which is not designated as an area of

551

critical state concern shall adopt a plan for ensuring affordable

552

workforce housing. At a minimum, the plan shall identify adequate

553

sites for such housing. For purposes of this sub-subparagraph,

554

the term "workforce housing" means housing that is affordable to

555

natural persons or families whose total household income does not

556

exceed 140 percent of the area median income, adjusted for

557

household size.

558

(II)i. As a precondition to receiving any state affordable

559

housing funding or allocation for any project or program within

560

the jurisdiction of a county that is subject to sub-sub-

561

subparagraph (I), a county must, by July 1 of each year, provide

562

certification that the county has complied with the requirements

563

of sub-sub-subparagraph (I). Failure by a local government to

564

comply with the requirement in sub-subparagraph h. will result in

565

the local government being ineligible to receive any state

566

housing assistance grants until the requirement of sub-

567

subparagraph h. is met.

568

2. The goals, objectives, and policies of the housing

569

element must be based on the data and analysis prepared on

570

housing needs, including the affordable housing needs assessment.

571

572

government must be consistent with the goals, objectives, and

573

policies of the housing element. Local governments are encouraged

574

to use utilize job training, job creation, and economic solutions

575

to address a portion of their affordable housing concerns.

576

3.2. To assist local governments in housing data collection

577

and analysis and assure uniform and consistent information

578

regarding the state's housing needs, the state land planning

579

agency shall conduct an affordable housing needs assessment for

580

all local jurisdictions on a schedule that coordinates the

581

implementation of the needs assessment with the evaluation and

582

appraisal reports required by s. 163.3191. Each local government

583

584

as one basis for the housing element of its local comprehensive

585

plan. The agency shall allow a local government the option to

586

perform its own needs assessment, if it uses the methodology

587

established by the agency by rule.

588

(g)1. For those units of local government identified in s.

589

380.24, a coastal management element, appropriately related to

590

the particular requirements of paragraphs (d) and (e) and meeting

591

the requirements of s. 163.3178(2) and (3). The coastal

592

management element shall set forth the policies that shall guide

593

the local government's decisions and program implementation with

594

respect to the following objectives:

595

a. Maintenance, restoration, and enhancement of the overall

596

quality of the coastal zone environment, including, but not

597

limited to, its amenities and aesthetic values.

598

b. Continued existence of viable populations of all species

599

of wildlife and marine life.

600

c. The orderly and balanced utilization and preservation,

601

consistent with sound conservation principles, of all living and

602

nonliving coastal zone resources.

603

d. Avoidance of irreversible and irretrievable loss of

604

coastal zone resources.

605

e. Ecological planning principles and assumptions to be

606

used in the determination of suitability and extent of permitted

607

development.

608

f. Proposed management and regulatory techniques.

609

g. Limitation of public expenditures that subsidize

610

development in high-hazard coastal areas.

611

h. Protection of human life against the effects of natural

612

613

i. The orderly development, maintenance, and use of ports

614

identified in s. 403.021(9) to facilitate deepwater commercial

615

navigation and other related activities.

616

j. Preservation, including sensitive adaptive use of

617

historic and archaeological resources.

618

2. As part of this element, a local government that has a

619

coastal management element in its comprehensive plan is

620

encouraged to adopt recreational surface water use policies that

621

include applicable criteria for and consider such factors as

622

natural resources, manatee protection needs, protection of

623

working waterfronts and public access to the water, and

624

recreation and economic demands. Criteria for manatee protection

625

in the recreational surface water use policies should reflect

626

applicable guidance outlined in the Boat Facility Siting Guide

627

prepared by the Fish and Wildlife Conservation Commission. If the

628

local government elects to adopt recreational surface water use

629

policies by comprehensive plan amendment, such comprehensive plan

630

amendment is exempt from the provisions of s. 163.3187(1). Local

631

governments that wish to adopt recreational surface water use

632

policies may be eligible for assistance with the development of

633

such policies through the Florida Coastal Management Program. The

634

Office of Program Policy Analysis and Government Accountability

635

shall submit a report on the adoption of recreational surface

636

water use policies under this subparagraph to the President of

637

638

majority and minority leaders of the Senate and the House of

639

Representatives no later than December 1, 2010.

640

(h)1. An intergovernmental coordination element showing

641

relationships and stating principles and guidelines to be used in

642

the accomplishment of coordination of the adopted comprehensive

643

plan with the plans of school boards, regional water supply

644

authorities, and other units of local government providing

645

services but not having regulatory authority over the use of

646

land, with the comprehensive plans of adjacent municipalities,

647

648

comprehensive plan and with the applicable regional water supply

649

plan approved pursuant to s. 373.0361, as the case may require

650

and as such adopted plans or plans in preparation may exist. This

651

element of the local comprehensive plan shall demonstrate

652

consideration of the particular effects of the local plan, when

653

654

county, adjacent counties, or the region, or upon the state

655

comprehensive plan, as the case may require.

656

a. The intergovernmental coordination element shall provide

657

for procedures to identify and implement joint planning areas,

658

especially for the purpose of annexation, municipal

659

incorporation, and joint infrastructure service areas.

660

b. The intergovernmental coordination element shall provide

661

for recognition of campus master plans prepared pursuant to s.

662

663

approved pursuant to s. 1013.35.

664

c. The intergovernmental coordination element may provide

665

for a voluntary dispute resolution process as established

666

pursuant to s. 186.509 for bringing to closure in a timely manner

667

668

use an alternative local dispute resolution process for this

669

purpose.

670

2. The intergovernmental coordination element shall further

671

state principles and guidelines to be used in the accomplishment

672

of coordination of the adopted comprehensive plan with the plans

673

674

facilities and services but not having regulatory authority over

675

the use of land. In addition, the intergovernmental coordination

676

element shall describe joint processes for collaborative planning

677

and decisionmaking on population projections and public school

678

siting, the location and extension of public facilities subject

679

to concurrency, and siting facilities with countywide

680

significance, including locally unwanted land uses whose nature

681

and identity are established in an agreement. Within 1 year of

682

adopting their intergovernmental coordination elements, each

683

county, all the municipalities within that county, the district

684

school board, and any unit of local government service providers

685

in that county shall establish by interlocal or other formal

686

agreement executed by all affected entities, the joint processes

687

described in this subparagraph consistent with their adopted

688

intergovernmental coordination elements.

689

3. To foster coordination between special districts and

690

local general-purpose governments as local general-purpose

691

governments implement local comprehensive plans, each independent

692

special district must submit a public facilities report to the

693

694

4.a. Local governments must execute an interlocal agreement

695

with the district school board, the county, and nonexempt

696

municipalities pursuant to s. 163.31777. The local government

697

shall amend the intergovernmental coordination element to provide

698

that coordination between the local government and school board

699

is pursuant to the agreement and shall state the obligations of

700

the local government under the agreement.

701

b. Plan amendments that comply with this subparagraph are

702

exempt from the provisions of s. 163.3187(1).

703

5. The state land planning agency shall establish a

704

schedule for phased completion and transmittal of plan amendments

705

to implement subparagraphs 1., 2., and 3. from all jurisdictions

706

so as to accomplish their adoption by December 31, 1999. A local

707

government may complete and transmit its plan amendments to carry

708

out these provisions prior to the scheduled date established by

709

the state land planning agency. The plan amendments are exempt

710

from the provisions of s. 163.3187(1).

711

6. By January 1, 2004, any county having a population

712

greater than 100,000, and the municipalities and special

713

districts within that county, shall submit a report to the

714

715

a. Identifies all existing or proposed interlocal service

716

delivery agreements regarding the following: education; sanitary

717

sewer; public safety; solid waste; drainage; potable water; parks

718

and recreation; and transportation facilities.

719

b. Identifies any deficits or duplication in the provision

720

of services within its jurisdiction, whether capital or

721

operational. Upon request, the Department of Community Affairs

722

shall provide technical assistance to the local governments in

723

identifying deficits or duplication.

724

725

7. Within 6 months after submission of the report, the

726

Department of Community Affairs shall, through the appropriate

727

regional planning council, coordinate a meeting of all local

728

governments within the regional planning area to discuss the

729

reports and potential strategies to remedy any identified

730

deficiencies or duplications.

731

8. Each local government shall update its intergovernmental

732

coordination element based upon the findings in the report

733

submitted pursuant to subparagraph 6. The report may be used as

734

supporting data and analysis for the intergovernmental

735

coordination element.

736

(7) The comprehensive plan may include the following

737

additional elements, or portions or phases thereof:

738

(e) A public buildings and related facilities element

739

showing locations and arrangements of civic and community

740

centers, public schools, hospitals, libraries, police and fire

741

stations, and other public buildings. This plan element should

742

show particularly how it is proposed to effect coordination with

743

governmental units, such as school boards or hospital

744

authorities, having public development and service

745

responsibilities, capabilities, and potential but not having land

746

development regulatory authority. This element may include plans

747

for architecture and landscape treatment of their grounds, except

748

that, for public school facilities, the element shall be

749

coordinated with the public school facilities element required by

750

s. 163.3177(12) and the interlocal agreement required by s.

751

163.31777 and may not impose design standards, site plan

752

standards, or other development conditions that are inconsistent

753

with the requirements of chapter 1013 and any state requirements

754

for educational facilities or that are inconsistent with

755

maintaining a balanced, financially feasible school district

756

facilities work plan.

757

(10) The Legislature recognizes the importance and

758

significance of chapter 9J-5, Florida Administrative Code, the

759

Minimum Criteria for Review of Local Government Comprehensive

760

Plans and Determination of Compliance of the Department of

761

762

local comprehensive plans. The Legislature reserved unto itself

763

the right to review chapter 9J-5, Florida Administrative Code,

764

and to reject, modify, or take no action relative to this rule.

765

Therefore, pursuant to subsection (9), the Legislature hereby has

766

reviewed chapter 9J-5, Florida Administrative Code, and expresses

767

the following legislative intent:

768

(i) The Legislature recognizes that due to varying local

769

conditions, local governments have different planning needs that

770

cannot be addressed by one uniform set of minimum planning

771

criteria. Therefore, the state land planning agency may amend

772

chapter 9J-5, Florida Administrative Code, to establish different

773

minimum criteria that are applicable to local governments based

774

on the following factors:

775

1. Current and projected population.

776

2. Size of the local jurisdiction.

777

3. Amount and nature of undeveloped land.

778

4. The scale of public services provided by the local

779

government.

780

781

The state land planning agency department shall take into account

782

the factors delineated in rule 9J-5.002(2), Florida

783

Administrative Code, as it provides assistance to local

784

governments and applies the rule in specific situations with

785

regard to the detail of the data and analysis required.

786

(12) A public school facilities element adopted to

787

implement a school concurrency program shall meet the

788

requirements of this subsection. Each county and each

789

municipality within the county, unless exempt or subject to a

790

waiver, must adopt a public school facilities element that is

791

consistent with those adopted by the other local governments

792

within the county and enter the interlocal agreement pursuant to

793

s. 163.31777.

794

(i) The state land planning agency shall establish a phased

795

schedule for adoption of the public school facilities element and

796

the required updates to the public schools interlocal agreement

797

pursuant to s. 163.31777. The schedule shall provide for each

798

county and local government within the county to adopt the

799

element and update to the agreement no later than December 1,

800

2009 2008. Plan amendments to adopt a public school facilities

801

element are exempt from the provisions of s. 163.3187(1).

802

(13) Local governments are encouraged to develop a

803

community vision that provides for sustainable growth, recognizes

804

its fiscal constraints, and protects its natural resources. At

805

the request of a local government, the applicable regional

806

planning council shall provide assistance in the development of a

807

community vision.

808

(a) As part of the process of developing a community vision

809

under this section, the local government must hold two public

810

meetings with at least one of those meetings before the local

811

planning agency. Before those public meetings, the local

812

government must hold at least one public workshop with

813

stakeholder groups such as neighborhood associations, community

814

organizations, businesses, private property owners, housing and

815

development interests, and environmental organizations.

816

(b) The local government must, at a minimum, discuss five

817

of the following topics as part of the workshops and public

818

meetings required under paragraph (a):

819

1. Future growth in the area using population forecasts

820

from the Bureau of Economic and Business Research;

821

2. Priorities for economic development;

822

3. Preservation of open space, environmentally sensitive

823

lands, and agricultural lands;

824

4. Appropriate areas and standards for mixed-use

825

development;

826

5. Appropriate areas and standards for high-density

827

commercial and residential development;

828

6. Appropriate areas and standards for economic development

829

opportunities and employment centers;

830

7. Provisions for adequate workforce housing;

831

8. An efficient, interconnected multimodal transportation

832

system; and

833

9. Opportunities to create land use patterns that

834

accommodate the issues listed in subparagraphs 1.-8.

835

836

government must discuss strategies for addressing the topics

837

discussed under paragraph (b), including:

838

1. Strategies to preserve open space and environmentally

839

sensitive lands, and to encourage a healthy agricultural economy,

840

including innovative planning and development strategies, such as

841

the transfer of development rights;

842

2. Incentives for mixed-use development, including

843

increased height and intensity standards for buildings that

844

provide residential use in combination with office or commercial

845

space;

846

3. Incentives for workforce housing;

847

4. Designation of an urban service boundary pursuant to

848

subsection (2); and

849

5. Strategies to provide mobility within the community and

850

to protect the Strategic Intermodal System, including the

851

development of a transportation corridor management plan under s.

852

337.273.

853

(d) The community vision must reflect the community's

854

shared concept for growth and development of the community,

855

including visual representations depicting the desired land use

856

patterns and character of the community during a 10-year planning

857

timeframe. The community vision must also take into consideration

858

economic viability of the vision and private property interests.

859

(e) After the workshops and public meetings required under

860

paragraph (a) are held, the local government may amend its

861

comprehensive plan to include the community vision as a component

862

in the plan. This plan amendment must be transmitted and adopted

863

pursuant to the procedures in ss. 163.3184 and 163.3189 at public

864

hearings of the governing body other than those identified in

865

paragraph (a).

866

(f) Amendments submitted under this subsection are exempt

867

from the limitation on the frequency of plan amendments in s.

868

163.3187.

869

(g) A local government that has developed a community

870

vision or completed a visioning process after July 1, 2000, and

871

before July 1, 2005, which substantially accomplishes the goals

872

set forth in this subsection and the appropriate goals, policies,

873

or objectives have been adopted as part of the comprehensive plan

874

or reflected in subsequently adopted land development regulations

875

and the plan amendment incorporating the community vision as a

876

component has been found in compliance is eligible for the

877

incentives in s. 163.3184(17).

878

(14) Local governments are also encouraged to designate an

879

urban service boundary. This area must be appropriate for

880

compact, contiguous urban development within a 10-year planning

881

timeframe. The urban service area boundary must be identified on

882

the future land use map or map series. The local government shall

883

demonstrate that the land included within the urban service

884

boundary is served or is planned to be served with adequate

885

public facilities and services based on the local government's

886

adopted level-of-service standards by adopting a 10-year

887

facilities plan in the capital improvements element which is

888

financially feasible. The local government shall demonstrate that

889

the amount of land within the urban service boundary does not

890

exceed the amount of land needed to accommodate the projected

891

population growth at densities consistent with the adopted

892

comprehensive plan within the 10-year planning timeframe.

893

(a) As part of the process of establishing an urban service

894

boundary, the local government must hold two public meetings with

895

at least one of those meetings before the local planning agency.

896

Before those public meetings, the local government must hold at

897

least one public workshop with stakeholder groups such as

898

neighborhood associations, community organizations, businesses,

899

private property owners, housing and development interests, and

900

environmental organizations.

901

(b)1. After the workshops and public meetings required

902

under paragraph (a) are held, the local government may amend its

903

comprehensive plan to include the urban service boundary. This

904

plan amendment must be transmitted and adopted pursuant to the

905

procedures in ss. 163.3184 and 163.3189 at meetings of the

906

governing body other than those required under paragraph (a).

907

2. This subsection does not prohibit new development

908

outside an urban service boundary. However, a local government

909

that establishes an urban service boundary under this subsection

910

is encouraged to require a full-cost-accounting analysis for any

911

new development outside the boundary and to consider the results

912

of that analysis when adopting a plan amendment for property

913

outside the established urban service boundary.

914

915

from the limitation on the frequency of plan amendments in s.

916

163.3187.

917

(d) A local government that has adopted an urban service

918

boundary before July 1, 2005, which substantially accomplishes

919

the goals set forth in this subsection is not required to comply

920

with paragraph (a) or subparagraph 1. of paragraph (b) in order

921

to be eligible for the incentives under s. 163.3184(17). In order

922

to satisfy the provisions of this paragraph, the local government

923

must secure a determination from the state land planning agency

924

that the urban service boundary adopted before July 1, 2005,

925

substantially complies with the criteria of this subsection,

926

based on data and analysis submitted by the local government to

927

support this determination. The determination by the state land

928

planning agency is not subject to administrative challenge.

929

Section 5. Subsections (3), (4), (5), and (6) of section

930

163.31771, Florida Statutes, are amended to read:

931

163.31771 Accessory dwelling units.--

932

(3) Upon a finding by a local government that there is a

933

shortage of affordable rentals within its jurisdiction, the local

934

935

allow accessory dwelling units in any area zoned for single-

936

family residential use.

937

(4) If the local government amends its comprehensive plan

938

pursuant to adopts an ordinance under this section, an

939

application for a building permit to construct an accessory

940

941

attests that the unit will be rented at an affordable rate to an

942

extremely-low-income, very-low-income, low-income, or moderate-

943

income person or persons.

944

(5) Each accessory dwelling unit allowed by the

945

comprehensive plan an ordinance adopted under this section shall

946

apply toward satisfying the affordable housing component of the

947

housing element in the local government's comprehensive plan

948

under s. 163.3177(6)(f), and if such unit is subject to a

949

recorded land use restriction agreement restricting its use to

950

affordable housing, the unit may not be treated as a new unit for

951

purposes of transportation concurrency or impact fees. Accessory

952

dwelling units may not be located on land within a coastal high-

953

hazard area, an area of critical state concern, or on lands

954

identified as environmentally sensitive in the local

955

comprehensive plan.

956

(6) The Department of Community Affairs shall evaluate the

957

effectiveness of using accessory dwelling units to address a

958

local government's shortage of affordable housing and report to

959

the Legislature by January 1, 2007. The report must specify the

960

number of ordinances adopted by a local government under this

961

section and the number of accessory dwelling units that were

962

created under these ordinances.

963

Section 6. Paragraph (h) of subsection (2) and subsection

964

(9) of section 163.3178, Florida Statutes, are amended to read:

965

163.3178 Coastal management.--

966

(2) Each coastal management element required by s.

967

163.3177(6)(g) shall be based on studies, surveys, and data; be

968

consistent with coastal resource plans prepared and adopted

969

pursuant to general or special law; and contain:

970

971

(h) Designation of coastal high-hazard areas and the

972

criteria for mitigation for a comprehensive plan amendment in a

973

coastal high-hazard area as provided defined in subsection (9).

974

The coastal high-hazard area is the area seaward of below the

975

elevation of the category 1 storm surge line as established by a

976

Sea, Lake, and Overland Surges from Hurricanes (SLOSH)

977

computerized storm surge model. Except as demonstrated by site

978

specific, reliable data and analysis, the coastal high-hazard

979

area includes all lands within the area from the mean low-water

980

line to the inland extent of the category 1 storm surge area.

981

Such area is depicted by, but not limited to, the areas

982

illustrated in the most current SLOSH Storm Surge Atlas.

983

Application of mitigation and the application of development and

984

redevelopment policies, pursuant to s. 380.27(2), and any adopted

985

rules adopted thereunder, are shall be at the discretion of the

986

local government.

987

(9)(a) Local governments may elect to comply with state

988

coastal high-hazard provisions pursuant to rule 9J-5.012(3)(b)6.

989

and 7., Florida Administrative Code, through the process provided

990

in this section.

991

(a) A proposed comprehensive plan amendment is shall be

992

found in compliance with state coastal high-hazard provisions

993

pursuant to rule 9J-5.012(3)(b)6. and 7., Florida Administrative

994

Code, if:

995

1. The area subject to the amendment is not:

996

a. Within a designated area of critical state concern;

997

b. Inclusive of areas within the FEMA velocity zones;

998

c. Subject to coastal erosion;

999

d. Seaward of the coastal construction control line; or

1000

e. Subject to repetitive damage from coastal storms and

1001

floods.

1002

2. The local government has adopted the following as a part

1003

of its comprehensive plan:

1004

a. Hazard mitigation strategies that reduce, replace, or

1005

eliminate unsafe structures and properties subject to repetitive

1006

losses from coastal storms or floods.

1007

b. Measures that reduce exposure to hazards including:

1008

(I) Relocation;

1009

(II) Structural modifications of threatened infrastructure;

1010

(III) Provisions for operational or capacity improvements

1011

to maintain hurricane evacuation clearance times within

1012

established limits; and

1013

(IV) Prohibiting public expenditures for capital

1014

improvements that subsidize increased densities and intensities

1015

of development within the coastal high-hazard area.

1016

c. A post disaster redevelopment plan.

1017

3.a. The adopted level of service for out-of-county

1018

hurricane evacuation clearance time is maintained for a category

1019

5 storm event as measured on the Saffir-Simpson scale and the

1020

adopted out-of-county hurricane evacuation clearance time does

1021

not exceed 16 hours and is based upon the time necessary to reach

1022

shelter space;

1023

b.2. A 12-hour evacuation time to shelter is maintained for

1024

a category 5 storm event as measured on the Saffir-Simpson scale

1025

and shelter space reasonably expected to accommodate the

1026

residents of the development contemplated by a proposed

1027

comprehensive plan amendment is available; or

1028

c.3. Appropriate mitigation is provided to ensure that the

1029

requirements of sub-subparagraph a. or subparagraph b. are

1030

achieved. will satisfy the provisions of subparagraph 1. or

1031

subparagraph 2. Appropriate mitigation shall include, without

1032

limitation, payment of money, contribution of land, and

1033

construction of hurricane shelters and transportation facilities.

1034

Required mitigation may shall not exceed the amount required for

1035

a developer to accommodate impacts reasonably attributable to

1036

development. A local government and a developer shall enter into

1037

a binding agreement to establish memorialize the mitigation plan.

1038

The executed agreement must be submitted along with the adopted

1039

plan amendment.

1040

(b) For those local governments that have not established a

1041

level of service for out-of-county hurricane evacuation by July

1042

1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,

1043

Florida Administrative Code, by following the process in

1044

paragraph (a), the level of service may not exceed shall be no

1045

greater than 16 hours for a category 5 storm event as measured on

1046

the Saffir-Simpson scale based upon the time necessary to reach

1047

shelter space.

1048

1049

immediately and shall apply to all local governments. By No later

1050

than July 1, 2009 2008, local governments shall amend their

1051

future land use map and coastal management element to include the

1052

new definition of coastal high-hazard area provided in paragraph

1053

(2)(h) and to depict the coastal high-hazard area on the future

1054

land use map.

1055

Section 7. Section 163.3180, Florida Statutes, is amended

1056

to read:

1057

163.3180 Concurrency.--

1058

(1) APPLICABILITY OF CONCURRENCY REQUIREMENT.--

1059

(a) Public facility types.--Sanitary sewer, solid waste,

1060

drainage, potable water, parks and recreation, schools, and

1061

1062

applicable, are the only public facilities and services subject

1063

to the concurrency requirement on a statewide basis. Additional

1064

public facilities and services may not be made subject to

1065

concurrency on a statewide basis without appropriate study and

1066

approval by the Legislature; however, any local government may

1067

extend the concurrency requirement so that it applies to apply to

1068

additional public facilities within its jurisdiction.

1069

(b) Transportation methodologies.--Local governments shall

1070

use professionally accepted techniques for measuring level of

1071

service for automobiles, bicycles, pedestrians, transit, and

1072

trucks. These techniques may be used to evaluate increased

1073

accessibility by multiple modes and reductions in vehicle miles

1074

of travel in an area or zone. The state land planning agency and

1075

the Department of Transportation shall develop methodologies to

1076

assist local governments in implementing this multimodal level-

1077

of-service analysis and. The Department of Community Affairs and

1078

the Department of Transportation shall provide technical

1079

assistance to local governments in applying the these

1080

methodologies.

1081

(2) PUBLIC FACILITY AVAILABILITY STANDARDS.--

1082

(a) Sanitary sewer, solid waste, drainage, adequate water

1083

supply, and potable water facilities.--Consistent with public

1084

health and safety, sanitary sewer, solid waste, drainage,

1085

adequate water supplies, and potable water facilities shall be in

1086

place and available to serve new development no later than the

1087

issuance by the local government of a certificate of occupancy or

1088

its functional equivalent. Prior to approval of a building permit

1089

or its functional equivalent, the local government shall consult

1090

with the applicable water supplier to determine whether adequate

1091

water supplies to serve the new development will be available by

1092

no later than the anticipated date of issuance by the local

1093

government of the a certificate of occupancy or its functional

1094

equivalent. A local government may meet the concurrency

1095

requirement for sanitary sewer through the use of onsite sewage

1096

treatment and disposal systems approved by the Department of

1097

Health to serve new development.

1098

(b) Parks and recreation facilities.--Consistent with the

1099

public welfare, and except as otherwise provided in this section,

1100

parks and recreation facilities to serve new development shall be

1101

in place or under actual construction within no later than 1 year

1102

after issuance by the local government of a certificate of

1103

occupancy or its functional equivalent. However, the acreage for

1104

such facilities must shall be dedicated or be acquired by the

1105

local government prior to issuance by the local government of the

1106

a certificate of occupancy or its functional equivalent, or funds

1107

in the amount of the developer's fair share shall be committed no

1108

later than the local government's approval to commence

1109

construction.

1110

1111

welfare, and except as otherwise provided in this section,

1112

transportation facilities needed to serve new development must

1113

shall be in place or under actual construction within 3 years

1114

after the local government approves a building permit or its

1115

1116

(3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.--Governmental

1117

entities that are not responsible for providing, financing,

1118

operating, or regulating public facilities needed to serve

1119

development may not establish binding level-of-service standards

1120

on governmental entities that do bear those responsibilities.

1121

This subsection does not limit the authority of any agency to

1122

recommend or make objections, recommendations, comments, or

1123

determinations during reviews conducted under s. 163.3184.

1124

(4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.--

1125

(a) State and other public facilities.--The concurrency

1126

requirement as implemented in local comprehensive plans applies

1127

to state and other public facilities and development to the same

1128

1129

as provided by law.

1130

(b) Public transit facilities.--The concurrency requirement

1131

as implemented in local comprehensive plans does not apply to

1132

public transit facilities. For the purposes of this paragraph,

1133

public transit facilities include transit stations and terminals;

1134

transit station parking; park-and-ride lots; intermodal public

1135

transit connection or transfer facilities; fixed bus, guideway,

1136

and rail stations; and airport passenger terminals and

1137

concourses, air cargo facilities, and hangars for the maintenance

1138

1139

"terminals" and "transit facilities" do not include seaports or

1140

commercial or residential development constructed in conjunction

1141

with a public transit facility.

1142

1143

requirement, except as it relates to transportation facilities

1144

and public schools, as implemented in local government

1145

comprehensive plans, may be waived by a local government for

1146

urban infill and redevelopment areas designated pursuant to s.

1147

163.2517 if such a waiver does not endanger public health or

1148

safety as defined by the local government in its local government

1149

comprehensive plan. The waiver must shall be adopted as a plan

1150

amendment pursuant to the process set forth in s. 163.3187(3)(a).

1151

A local government may grant a concurrency exception pursuant to

1152

subsection (5) for transportation facilities located within these

1153

urban infill and redevelopment areas.

1154

(5) TRANSPORTATION CONCURRENCY EXCEPTION AREAS.--

1155

(a) Countervailing planning and public policy goals.--The

1156

Legislature finds that under limited circumstances dealing with

1157

transportation facilities, countervailing planning and public

1158

policy goals may come into conflict with the requirement that

1159

adequate public transportation facilities and services be

1160

available concurrent with the impacts of such development. The

1161

Legislature further finds that often the unintended result of the

1162

concurrency requirement for transportation facilities is often

1163

the discouragement of urban infill development and redevelopment.

1164

Such unintended results directly conflict with the goals and

1165

policies of the state comprehensive plan and the intent of this

1166

part. The Legislature also finds that in urban centers

1167

transportation cannot be effectively managed and mobility cannot

1168

be improved solely through the expansion of roadway capacity,

1169

that the expansion of roadway capacity is not always physically

1170

or financially possible, and that a range of transportation

1171

alternatives are essential to satisfy mobility needs, reduce

1172

congestion, and achieve healthy, vibrant centers. Therefore,

1173

transportation concurrency exception areas must achieve the goals

1174

and objectives of this part exceptions from the concurrency

1175

requirement for transportation facilities may be granted as

1176

provided by this subsection.

1177

(b) Geographic applicability.--

1178

1. Within municipalities, transportation concurrency

1179

exception areas are established for geographic areas identified

1180

in the adopted portion of the comprehensive plan as of July 1,

1181

2008, for:

1182

a. Urban infill development;

1183

b. Urban redevelopment;

1184

c. Downtown revitalization; and

1185

d. Urban infill and redevelopment under s. 163.2517.

1186

2. In other portions of the state, including municipalities

1187

and unincorporated areas of counties, a local government may

1188

adopt a comprehensive plan amendment establishing a

1189

transportation concurrency exception area grant an exception from

1190

the concurrency requirement for transportation facilities if the

1191

proposed development is otherwise consistent with the adopted

1192

local government comprehensive plan and is a project that

1193

promotes public transportation or is located within an area

1194

designated in the comprehensive plan for:

1195

a.1. Urban infill development;

1196

b.2. Urban redevelopment;

1197

c.3. Downtown revitalization;

1198

d.4. Urban infill and redevelopment under s. 163.2517; or

1199

e.5. An urban service area specifically designated as a

1200

transportation concurrency exception area which includes lands

1201

appropriate for compact, contiguous urban development, which does

1202

not exceed the amount of land needed to accommodate the projected

1203

population growth at densities consistent with the adopted

1204

comprehensive plan within the 10-year planning period, and which

1205

is served or is planned to be served with public facilities and

1206

services as provided by the capital improvements element.

1207

1208

Legislature also finds that developments located within urban

1209

infill, urban redevelopment, existing urban service, or downtown

1210

revitalization areas or areas designated as urban infill and

1211

redevelopment areas under s. 163.2517 which pose only special

1212

part-time demands on the transportation system should be excepted

1213

from the concurrency requirement for transportation facilities. A

1214

special part-time demand is one that does not have more than 200

1215

scheduled events during any calendar year and does not affect the

1216

100 highest traffic volume hours.

1217

(d) Long-term strategies within transportation concurrency

1218

exception areas.--Except for transportation concurrency exception

1219

areas established pursuant to s. 163.3180(5)(b)1., the following

1220

requirements apply: A local government shall establish guidelines

1221

in the comprehensive plan for granting the exceptions authorized

1222

in paragraphs (b) and (c) and subsections (7) and (15) which must

1223

be consistent with and support a comprehensive strategy adopted

1224

in the plan to promote the purpose of the exceptions.

1225

1.(e) The local government shall adopt into the plan and

1226

implement long-term strategies to support and fund mobility

1227

within the designated exception area, including alternative modes

1228

of transportation. The plan amendment must also demonstrate how

1229

strategies will support the purpose of the exception and how

1230

mobility within the designated exception area will be provided.

1231

1232

appropriate land use mixes, including intensity and density; and

1233

network connectivity plans needed to promote urban infill,

1234

redevelopment, or downtown revitalization. The comprehensive plan

1235

amendment designating the concurrency exception area must be

1236

accompanied by data and analysis justifying the size of the area.

1237

(e)(f) Strategic Intermodal System.-- Prior to the

1238

designation of a concurrency exception area pursuant to

1239

subparagraph (b)2., the state land planning agency and the

1240

Department of Transportation shall be consulted by the local

1241

government to assess the impact that the proposed exception area

1242

is expected to have on the adopted level-of-service standards

1243

established for Strategic Intermodal System facilities, as

1244

defined in s. 339.64, and roadway facilities funded in accordance

1245

with s. 339.2819 and to provide for mitigation of the impacts.

1246

Further, as a part of the comprehensive plan amendment

1247

establishing the exception area, the local government shall

1248

provide for mitigation of impacts, in consultation with the state

1249

land planning agency and the Department of Transportation,

1250

develop a plan to mitigate any impacts to the Strategic

1251

Intermodal System, including, if appropriate, access management,

1252

parallel reliever roads, transportation demand management, and

1253

other measures the development of a long-term concurrency

1254

management system pursuant to subsection (9) and s.

1255

163.3177(3)(d). The exceptions may be available only within the

1256

specific geographic area of the jurisdiction designated in the

1257

plan. Pursuant to s. 163.3184, any affected person may challenge

1258

a plan amendment establishing these guidelines and the areas

1259

within which an exception could be granted.

1260

(g) Transportation concurrency exception areas existing

1261

prior to July 1, 2005, must, at a minimum, meet the provisions of

1262

this section by July 1, 2006, or at the time of the comprehensive

1263

plan update pursuant to the evaluation and appraisal report,

1264

whichever occurs last.

1265

(6) DE MINIMIS IMPACT.--The Legislature finds that a de

1266

minimis impact is consistent with this part. A de minimis impact

1267

is an impact that does would not affect more than 1 percent of

1268

the maximum volume at the adopted level of service of the

1269

affected transportation facility as determined by the local

1270

government. An No impact is not will be de minimis if the sum of

1271

existing roadway volumes and the projected volumes from approved

1272

projects on a transportation facility exceeds would exceed 110

1273

percent of the maximum volume at the adopted level of service of

1274

the affected transportation facility; provided however, the that

1275

an impact of a single family home on an existing lot is will

1276

constitute a de minimis impact on all roadways regardless of the

1277

level of the deficiency of the roadway. Further, an no impact is

1278

not will be de minimis if it exceeds would exceed the adopted

1279

level-of-service standard of any affected designated hurricane

1280

evacuation routes. Each local government shall maintain

1281

sufficient records to ensure that the 110-percent criterion is

1282

not exceeded. Each local government shall submit annually, with

1283

its updated capital improvements element, a summary of the de

1284

minimis records. If the state land planning agency determines

1285

that the 110-percent criterion has been exceeded, the state land

1286

planning agency shall notify the local government of the

1287

exceedance and that no further de minimis exceptions for the

1288

applicable roadway may be granted until such time as the volume

1289

is reduced below the 110 percent. The local government shall

1290

provide proof of this reduction to the state land planning agency

1291

before issuing further de minimis exceptions.

1292

(7) CONCURRENCY MANAGEMENT AREAS.--In order to promote

1293

infill development and redevelopment, one or more transportation

1294

concurrency management areas may be designated in a local

1295

government comprehensive plan. A transportation concurrency

1296

management area is must be a compact geographic area that has

1297

with an existing network of roads where multiple, viable

1298

alternative travel paths or modes are available for common trips.

1299

A local government may establish an areawide level-of-service

1300

standard for such a transportation concurrency management area

1301

based upon an analysis that provides for a justification for the

1302

areawide level of service, how urban infill development or

1303

redevelopment will be promoted, and how mobility will be

1304

accomplished within the transportation concurrency management

1305

area. Prior to the designation of a concurrency management area,

1306

the local government shall consult with the state land planning

1307

agency and the Department of Transportation shall be consulted by

1308

the local government to assess the effect impact that the

1309

proposed concurrency management area is expected to have on the

1310

adopted level-of-service standards established for Strategic

1311

Intermodal System facilities, as defined in s. 339.64, and

1312

roadway facilities funded in accordance with s. 339.2819.

1313

Further, the local government shall, in cooperation with the

1314

state land planning agency and the Department of Transportation,

1315

develop a plan to mitigate any impacts to the Strategic

1316

Intermodal System, including, if appropriate, the development of

1317

a long-term concurrency management system pursuant to subsection

1318

(9) and s. 163.3177(3)(d). Transportation concurrency management

1319

areas existing prior to July 1, 2005, shall meet, at a minimum,

1320

the provisions of this section by July 1, 2006, or at the time of

1321

the comprehensive plan update pursuant to the evaluation and

1322

appraisal report, whichever occurs last. The state land planning

1323

agency shall amend chapter 9J-5, Florida Administrative Code, to

1324

be consistent with this subsection.

1325

(8) URBAN REDEVELOPMENT.--When assessing the transportation

1326

impacts of proposed urban redevelopment within an established

1327

existing urban service area, 150 110 percent of the actual

1328

transportation impact caused by the previously existing

1329

development must be reserved for the redevelopment, even if the

1330

previously existing development has a lesser or nonexisting

1331

1332

Redevelopment requiring less than 150 110 percent of the

1333

previously existing capacity may shall not be prohibited due to

1334

the reduction of transportation levels of service below the

1335

adopted standards. This does not preclude the appropriate

1336

assessment of fees or accounting for the impacts within the

1337

1338

the affected local government. This paragraph does not affect

1339

local government requirements for appropriate development

1340

permits.

1341

(9) LONG-TERM CONCURRENCY MANAGEMENT.--

1342

(a) Each local government may adopt as a part of its plan,

1343

long-term transportation and school concurrency management

1344

systems that have with a planning period of up to 10 years for

1345

specially designated districts or areas where significant

1346

backlogs exist as a part of its plan. The plan may include

1347

interim level-of-service standards on certain facilities and

1348

shall rely on the local government's schedule of capital

1349

improvements for up to 10 years as a basis for issuing

1350

development orders that authorize commencement of construction in

1351

these designated districts or areas. The concurrency management

1352

system must be designed to correct existing deficiencies and set

1353

priorities for addressing backlogged facilities and be

1354

coordinated with the appropriate metropolitan planning

1355

organization. The concurrency management system must be

1356

financially feasible and consistent with other portions of the

1357

adopted local plan, including the future land use map.

1358

(b) If a local government has a transportation or school

1359

facility backlog for existing development which cannot be

1360

adequately addressed in a 10-year plan, the state land planning

1361

agency may allow it to develop a plan and long-term schedule of

1362

capital improvements covering up to 15 years for good and

1363

sufficient cause, based on a general comparison between the that

1364

local government and all other similarly situated local

1365

jurisdictions, using the following factors:

1366

1. The extent of the backlog.

1367

2. For roads, whether the backlog is on local or state

1368

roads.

1369

3. The cost of eliminating the backlog.

1370

4. The local government's tax and other revenue-raising

1371

efforts.

1372

1373

construction notwithstanding this section, consistent with and in

1374

areas that are subject to a long-term concurrency management

1375

system.

1376

1377

(d) If the local government adopts a long-term concurrency

1378

management system, it must evaluate the system periodically. At a

1379

minimum, the local government must assess its progress toward

1380

improving levels of service within the long-term concurrency

1381

1382

report and determine any changes that are necessary to accelerate

1383

progress in meeting acceptable levels of service.

1384

(10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.--With

1385

regard to roadway facilities on the Strategic Intermodal System

1386

designated in accordance with s. ss. 339.61, 339.62, 339.63, and

1387

339.64, the Florida Intrastate Highway System as defined in s.

1388

338.001, and roadway facilities funded in accordance with s.

1389

339.2819, local governments shall adopt the level-of-service

1390

standard established by the Department of Transportation by rule.

1391

For all other roads on the State Highway System, local

1392

governments shall establish an adequate level-of-service standard

1393

that need not be consistent with any level-of-service standard

1394

established by the Department of Transportation. In establishing

1395

adequate level-of-service standards for any arterial roads, or

1396

collector roads as appropriate, which traverse multiple

1397

jurisdictions, local governments shall consider compatibility

1398

with the roadway facility's adopted level-of-service standards in

1399

adjacent jurisdictions. Each local government within a county

1400

1401

impacts on transportation facilities for the purposes of

1402

implementing its concurrency management system. Counties are

1403

encouraged to coordinate with adjacent counties, and local

1404

governments within a county are encouraged to coordinate, in for

1405

the purpose of using common methodologies for measuring impacts

1406

on transportation facilities for the purpose of implementing

1407

their concurrency management systems.

1408

(11) LIMITATION OF LIABILITY.--In order to limit the

1409

liability of local governments, a local government may allow a

1410

landowner to proceed with development of a specific parcel of

1411

land notwithstanding a failure of the development to satisfy

1412

transportation concurrency, if when all the following factors are

1413

shown to exist:

1414

(a) The local government that has with jurisdiction over

1415

the property has adopted a local comprehensive plan that is in

1416

compliance.

1417

(b) The proposed development is would be consistent with

1418

the future land use designation for the specific property and

1419

with pertinent portions of the adopted local plan, as determined

1420

by the local government.

1421

1422

improvements element that provides for transportation facilities

1423

adequate to serve the proposed development, and the local

1424

government has not implemented that element.

1425

(d) The local government has provided a means for assessing

1426

by which the landowner for will be assessed a fair share of the

1427

cost of providing the transportation facilities necessary to

1428

serve the proposed development.

1429

(e) The landowner has made a binding commitment to the

1430

local government to pay the fair share of the cost of providing

1431

the transportation facilities to serve the proposed development.

1432

(12) REGIONAL IMPACT PROPORTIONATE SHARE.--A development of

1433

regional impact may satisfy the transportation concurrency

1434

requirements of the local comprehensive plan, the local

1435

government's concurrency management system, and s. 380.06 by

1436

payment of a proportionate-share contribution for local and

1437

regionally significant traffic impacts, if:

1438

(a) The development of regional impact which, based on its

1439

location or mix of land uses, is designed to encourage pedestrian

1440

or other nonautomotive modes of transportation;

1441

(b) The proportionate-share contribution for local and

1442

regionally significant traffic impacts is sufficient to pay for

1443

one or more required mobility improvements that will benefit the

1444

network of a regionally significant transportation facilities if

1445

impacts on the Strategic Intermodal System, the Florida

1446

Intrastate Highway System, and other regionally significant

1447

roadways outside of the jurisdiction of the local government are

1448

mitigated based on the prioritization of needed improvements

1449

recommended by the regional planning council facility;

1450

1451

impact pays or assures payment of the proportionate-share

1452

contribution; and

1453

(d) If The regionally significant transportation facility

1454

to be constructed or improved is under the maintenance authority

1455

of a governmental entity, as defined by s. 334.03 334.03(12),

1456

other than the local government that has with jurisdiction over

1457

the development of regional impact, the developer must is

1458

required to enter into a binding and legally enforceable

1459

commitment to transfer funds to the governmental entity having

1460

maintenance authority or to otherwise assure construction or

1461

1462

1463

The proportionate-share contribution may be applied to any

1464

transportation facility to satisfy the provisions of this

1465

subsection and the local comprehensive plan., but, For the

1466

purposes of this subsection, the amount of the proportionate-

1467

share contribution shall be calculated based upon the cumulative

1468

number of trips from the proposed development expected to reach

1469

roadways during the peak hour from the complete buildout of a

1470

stage or phase being approved, divided by the change in the peak

1471

hour maximum service volume of roadways resulting from

1472

construction of an improvement necessary to maintain the adopted

1473

level of service, multiplied by the construction cost, at the

1474

time of developer payment, of the improvement necessary to

1475

maintain such the adopted level of service. For purposes of this

1476

subsection, "construction cost" includes all associated costs of

1477

the improvement. Proportionate-share mitigation shall be limited

1478

to ensure that a development of regional impact meeting the

1479

requirements of this subsection mitigates its impact on the

1480

transportation system but is not responsible for the additional

1481

cost of reducing or eliminating backlogs. For purposes of this

1482

subsection, a "backlogged transportation facility" is defined as

1483

a facility on which the adopted level of service standard is

1484

exceeded by the existing level of service plus committed trips. A

1485

developer may not be required to fund or construct proportionate

1486

share mitigation that is more extensive, due to being on a

1487

backlogged transportation facility, than is necessary based

1488

solely on the impact of the development project being considered.

1489

This subsection also applies to Florida Quality Developments

1490

pursuant to s. 380.061 and to detailed specific area plans

1491

implementing optional sector plans pursuant to s. 163.3245.

1492

(13) SCHOOL CONCURRENCY.--School concurrency shall be

1493

established on a districtwide basis and shall include all public

1494

schools in the district and all portions of the district, whether

1495

located in a municipality or an unincorporated area unless exempt

1496

from the public school facilities element pursuant to s.

1497

163.3177(12). The application of school concurrency to

1498

development shall be based upon the adopted comprehensive plan,

1499

as amended. All local governments within a county, except as

1500

provided in paragraph (f), shall adopt and transmit to the state

1501

land planning agency the necessary plan amendments, along with

1502

the interlocal agreement, for a compliance review pursuant to s.

1503

163.3184(7) and (8). The minimum requirements for school

1504

concurrency are the following:

1505

(a) Public school facilities element.--A local government

1506

shall adopt and transmit to the state land planning agency a plan

1507

or plan amendment which includes a public school facilities

1508

element which is consistent with the requirements of s.

1509

163.3177(12) and which is determined to be in compliance as

1510

defined in s. 163.3184(1)(b). All local government public school

1511

facilities plan elements within a county must be consistent with

1512

each other as well as the requirements of this part.

1513

(b) Level-of-service standards.--The Legislature recognizes

1514

1515

is the level of service at which a public facility is expected to

1516

operate.

1517

1. Local governments and school boards imposing school

1518

concurrency shall exercise authority in conjunction with each

1519

other to establish jointly adequate level-of-service standards,

1520

as defined in chapter 9J-5, Florida Administrative Code,

1521

necessary to implement the adopted local government comprehensive

1522

plan, based on data and analysis.

1523

1524

2. Public school level-of-service standards shall be

1525

included and adopted into the capital improvements element of the

1526

local comprehensive plan and shall apply districtwide to all

1527

schools of the same type. Types of schools may include

1528

elementary, middle, and high schools as well as special purpose

1529

facilities such as magnet schools.

1530

3. Local governments and school boards may use shall have

1531

the option to utilize tiered level-of-service standards to allow

1532

time to achieve an adequate and desirable level of service as

1533

circumstances warrant.

1534

4. School districts that include relocatables in their

1535

inventory of student stations shall include relocatables in their

1536

calculation of capacity for purposes of determining whether

1537

levels of service have been achieved.

1538

1539

essential requirement for a concurrency system is a designation

1540

of the area within which the level of service will be measured

1541

when an application for a residential development permit is

1542

reviewed for school concurrency purposes. This delineation is

1543

also important for purposes of determining whether the local

1544

government has a financially feasible public school capital

1545

facilities program for that will provide schools which will

1546

achieve and maintain the adopted level-of-service standards.

1547

1. In order to balance competing interests, preserve the

1548

constitutional concept of uniformity, and avoid disruption of

1549

existing educational and growth management processes, local

1550

governments are encouraged to initially apply school concurrency

1551

to development only on a districtwide basis so that a concurrency

1552

determination for a specific development is will be based upon

1553

the availability of school capacity districtwide. To ensure that

1554

development is coordinated with schools having available

1555

capacity, within 5 years after adoption of school concurrency,

1556

local governments shall apply school concurrency on a less than

1557

districtwide basis, such as using school attendance zones or

1558

concurrency service areas, as provided in subparagraph 2.

1559

2. For local governments applying school concurrency on a

1560

less than districtwide basis, such as utilizing school attendance

1561

zones or larger school concurrency service areas, local

1562

governments and school boards shall have the burden of

1563

demonstrating to demonstrate that the utilization of school

1564

capacity is maximized to the greatest extent possible in the

1565

comprehensive plan and amendment, taking into account

1566

1567

well as other factors. In addition, in order to achieve

1568

concurrency within the service area boundaries selected by local

1569

governments and school boards, the service area boundaries,

1570

together with the standards for establishing those boundaries,

1571

shall be identified and included as supporting data and analysis

1572

1573

each concurrency service area contains a public school of each

1574

type.

1575

3. Where school capacity is available on a districtwide

1576

basis but school concurrency is applied on a less than

1577

districtwide basis in the form of concurrency service areas, if

1578

the adopted level-of-service standard cannot be met in a

1579

particular service area as applied to an application for a

1580

development permit and if the needed capacity for the particular

1581

service area is available in one or more contiguous service

1582

areas, as adopted by the local government, then the local

1583

government may not deny an application for site plan or final

1584

subdivision approval or the functional equivalent for a

1585

1586

concurrency, and if issued, development impacts shall be shifted

1587

to contiguous service areas with schools having available

1588

capacity. For purposes of this subparagraph, the capacity of a

1589

school serving a contiguous service area shall be 100 percent of

1590

the capacity for that type of school based on the adopted level-

1591

of-service standard.

1592

(d) Financial feasibility.--The Legislature recognizes that

1593

financial feasibility is an important issue because the premise

1594

of concurrency is that the public facilities will be provided in

1595

order to achieve and maintain the adopted level-of-service

1596

standard. This part and chapter 9J-5, Florida Administrative

1597

Code, contain specific standards for determining to determine the

1598

financial feasibility of capital programs. These standards were

1599

adopted to make concurrency more predictable and local

1600

governments more accountable.

1601

1. A comprehensive plan amendment seeking to impose school

1602

concurrency must shall contain appropriate amendments to the

1603

capital improvements element of the comprehensive plan,

1604

consistent with the requirements of s. 163.3177(3) and rule 9J-

1605

5.016, Florida Administrative Code. The capital improvements

1606

1607

capital facilities program, established in conjunction with the

1608

school board, that demonstrates that the adopted level-of-service

1609

standards will be achieved and maintained.

1610

2. Such Amendments to the capital improvements element must

1611

shall demonstrate that the public school capital facilities

1612

program meets all of the financial feasibility standards of this

1613

part and chapter 9J-5, Florida Administrative Code, that apply to

1614

capital programs which provide the basis for mandatory

1615

concurrency on other public facilities and services.

1616

3. If When the financial feasibility of a public school

1617

capital facilities program is evaluated by the state land

1618

planning agency for purposes of a compliance determination, the

1619

evaluation must shall be based upon the service areas selected by

1620

the local governments and school board.

1621

(e) Availability standard.--Consistent with the public

1622

welfare, and except as otherwise provided in this subsection,

1623

public school facilities needed to serve new residential

1624

development shall be in place or under actual construction with 3

1625

years after the issuance of final subdivision or site plan

1626

approval, or the functional equivalent. A local government may

1627

not deny an application for site plan, final subdivision

1628

1629

of a development authorizing residential development for failure

1630

to achieve and maintain the level-of-service standard for public

1631

school capacity in a local school concurrency management system

1632

where adequate school facilities will be in place or under actual

1633

construction within 3 years after the issuance of final

1634

1635

Any mitigation required of a developer shall be limited to ensure

1636

that a development mitigates its own impact on public school

1637

facilities but is not responsible for the additional cost of

1638

reducing or eliminating backlogs or addressing class size

1639

reduction. School concurrency is satisfied if the developer

1640

executes a legally binding commitment to provide mitigation

1641

proportionate to the demand for public school facilities to be

1642

created by actual development of the property, including, but not

1643

limited to, the options described in subparagraph 1. Options for

1644

proportionate-share mitigation of impacts on public school

1645

facilities must be established in the public school facilities

1646

element and the interlocal agreement pursuant to s. 163.31777.

1647

1. Appropriate mitigation options include the contribution

1648

of land; the construction, expansion, or payment for land

1649

acquisition or construction of a public school facility; the

1650

construction of a charter school that complies with the

1651

requirements of subparagraph 2.; or the creation of mitigation

1652

banking based on the construction of a public school facility or

1653

charter school that complies with the requirements of

1654

subparagraph 2., in exchange for the right to sell capacity

1655

credits. Such options must include execution by the applicant and

1656

the local government of a development agreement that constitutes

1657

a legally binding commitment to pay proportionate-share

1658

mitigation for the additional residential units approved by the

1659

local government in a development order and actually developed on

1660

the property, taking into account residential density allowed on

1661

the property prior to the plan amendment that increased the

1662

overall residential density. The district school board must be a

1663

party to such an agreement. Grounds for the refusal of either the

1664

local government or district school board to approve a

1665

development agreement proffering charter school facilities shall

1666

be limited to the agreement's compliance with subparagraph 2. As

1667

a condition of its entry into such a development agreement, the

1668

local government may require the landowner to agree to continuing

1669

1670

2. The construction of a charter school facility shall be

1671

an appropriate mitigation option if the facility limits

1672

enrollment to those students residing within a defined geographic

1673

area as provided in s. 1002.33(10)(e)(4), the facility is owned

1674

by a nonprofit entity or local government, the design and

1675

construction of the facility complies with the life safety

1676

requirements of Florida State Requirements for Educational

1677

Facilities (SREF), and the school's charter provides for the

1678

reversion of the facility to the district school board if the

1679

facility ceases to be used for public educational purposes as

1680

provided in s. 1002.33(18)(f). District school boards shall have

1681

the right to monitor and inspect charter facilities constructed

1682

under this section to ensure compliance with the life safety

1683

requirements of SREF and shall have the authority to waive SREF

1684

standards in the same manner permitted for district-owned public

1685

schools.

1686

3.2. If the education facilities plan and the public

1687

educational facilities element authorize a contribution of land;

1688

the construction, expansion, or payment for land acquisition; or

1689

the construction or expansion of a public school facility, or a

1690

portion thereof, or the construction of a charter school that

1691

complies with the requirements of subparagraph 2., as

1692

proportionate-share mitigation, the local government shall credit

1693

such a contribution, construction, expansion, or payment toward

1694

any other concurrency management system, concurrency exaction,

1695

impact fee or exaction imposed by local ordinance for the same

1696

need, on a dollar-for-dollar basis at fair market value. If a

1697

local government imposes a school impact fee, the methodology

1698

used in the impact fee for calculating the student generation

1699

rates and the calculation of cost per student station must be

1700

consistent with the adopted school concurrency ordinance. For

1701

both impact fees and proportionate share calculations, the

1702

percentage of relocatables used by a school district and the

1703

amount of taxes, fees, and other revenues received by the school

1704

district shall be considered in determining the average cost of a

1705

student station.

1706

4.3. Any proportionate-share mitigation must be included

1707

directed by the school board as toward a school capacity

1708

improvement identified in a financially feasible 5-year district

1709

work plan that satisfies the demands created by the development

1710

in accordance with a binding developer's agreement.

1711

5.4. If a development is precluded from commencing because

1712

there is inadequate classroom capacity to mitigate the effects

1713

impacts of the development, the development may nevertheless

1714

commence if there are accelerated facilities in an approved

1715

capital improvement element scheduled for construction in year

1716

four or later of such plan which, when built, will mitigate the

1717

proposed development, or if such accelerated facilities will be

1718

in the next annual update of the capital facilities element, the

1719

developer enters into a binding, financially guaranteed agreement

1720

with the school district to construct an accelerated facility

1721

within the first 3 years of an approved capital improvement plan,

1722

and the cost of the school facility is equal to or greater than

1723

the development's proportionate share. When the completed school

1724

facility is conveyed to the school district, the developer shall

1725

receive impact fee credits usable within the zone where the

1726

facility is constructed or any attendance zone contiguous with or

1727

1728

6.5. This paragraph does not limit the authority of a local

1729

government to deny a development permit or a comprehensive plan

1730

amendment its functional equivalent pursuant to its home rule

1731

regulatory powers for reasons unrelated to school capacity,

1732

except as provided in this part.

1733

(f) Intergovernmental coordination.--

1734

1. When establishing concurrency requirements for public

1735

schools, a local government shall satisfy the requirements for

1736

intergovernmental coordination set forth in s. 163.3177(6)(h)1.

1737

and 2., except that a municipality is not required to be a

1738

signatory to the interlocal agreement required by ss.

1739

163.3177(6)(h)2. and 163.31777(6), as a prerequisite for

1740

imposition of school concurrency, and as a nonsignatory, may

1741

shall not participate in the adopted local school concurrency

1742

system, if the municipality meets all of the following criteria

1743

for not having a no significant impact on school attendance:

1744

a. The municipality has issued development orders for fewer

1745

than 50 residential dwelling units during the preceding 5 years,

1746

or the municipality has generated fewer than 25 additional public

1747

1748

b. The municipality has not annexed new land during the

1749

preceding 5 years in land use categories which permit residential

1750

uses that will affect school attendance rates.

1751

c. The municipality has no public schools located within

1752

its boundaries.

1753

d. At least 80 percent of the developable land within the

1754

boundaries of the municipality has been built upon.

1755

2. A municipality that which qualifies as not having a no

1756

significant impact on school attendance pursuant to the criteria

1757

of subparagraph 1. must review and determine at the time of its

1758

evaluation and appraisal report pursuant to s. 163.3191 whether

1759

it continues to meet the criteria pursuant to s. 163.31777(6). If

1760

the municipality determines that it no longer meets the criteria,

1761

it must adopt appropriate school concurrency goals, objectives,

1762

and policies in its plan amendments based on the evaluation and

1763

appraisal report, and enter into the existing interlocal

1764

agreement required by ss. 163.3177(6)(h)2. and 163.31777, in

1765

order to fully participate in the school concurrency system. If

1766

such a municipality fails to do so, it is will be subject to the

1767

enforcement provisions of s. 163.3191.

1768

(g) Interlocal agreement for school concurrency.--When

1769

establishing concurrency requirements for public schools, a local

1770

1771

the requirements in ss. 163.3177(6)(h)1. and 2. and 163.31777 and

1772

the requirements of this subsection. The interlocal agreement

1773

must shall acknowledge both the school board's constitutional and

1774

statutory obligations to provide a uniform system of free public

1775

schools on a countywide basis, and the land use authority of

1776

1777

comprehensive plan amendments and development orders. The

1778

interlocal agreement shall be submitted to the state land

1779

planning agency by the local government as a part of the

1780

compliance review, along with the other necessary amendments to

1781

1782

requirements of ss. 163.3177(6)(h) and 163.31777, the interlocal

1783

agreement must shall meet the following requirements:

1784

1. Establish the mechanisms for coordinating the

1785

development, adoption, and amendment of each local government's

1786

public school facilities element with each other and the plans of

1787

the school board to ensure a uniform districtwide school

1788

1789

2. Establish a process for developing the development of

1790

siting criteria that which encourages the location of public

1791

schools proximate to urban residential areas to the extent

1792

possible and seeks to collocate schools with other public

1793

facilities such as parks, libraries, and community centers to the

1794

extent possible.

1795

3. Specify uniform, districtwide level-of-service standards

1796

for public schools of the same type and the process for modifying

1797

the adopted level-of-service standards.

1798

4. Establish a process for the preparation, amendment, and

1799

joint approval by each local government and the school board of a

1800

public school capital facilities program that which is

1801

financially feasible, and a process and schedule for

1802

incorporation of the public school capital facilities program

1803

into the local government comprehensive plans on an annual basis.

1804

5. Define the geographic application of school concurrency.

1805

If school concurrency is to be applied on a less than

1806

districtwide basis in the form of concurrency service areas, the

1807

agreement must shall establish criteria and standards for the

1808

establishment and modification of school concurrency service

1809

areas. The agreement must shall also establish a process and

1810

schedule for the mandatory incorporation of the school

1811

concurrency service areas and the criteria and standards for

1812

establishment of the service areas into the local government

1813

comprehensive plans. The agreement must shall ensure maximum

1814

utilization of school capacity, taking into account

1815

transportation costs and court-approved desegregation plans, as

1816

well as other factors. The agreement must shall also ensure the

1817

achievement and maintenance of the adopted level-of-service

1818

standards for the geographic area of application throughout the 5

1819

years covered by the public school capital facilities plan and

1820

thereafter by adding a new fifth year during the annual update.

1821

6. Establish a uniform districtwide procedure for

1822

implementing school concurrency which provides for:

1823

a. The evaluation of development applications for

1824

compliance with school concurrency requirements, including

1825

1826

impact on levels of service, and programmed improvements for

1827

affected schools, and any options to provide sufficient capacity;

1828

b. An opportunity for the school board to review and

1829

comment on the effect of comprehensive plan amendments and

1830

rezonings on the public school facilities plan; and

1831

c. The monitoring and evaluation of the school concurrency

1832

system.

1833

7. Include provisions relating to amendment of the

1834

1835

8. A process and uniform methodology for determining

1836

proportionate-share mitigation pursuant to subparagraph (e)1.

1837

(h) Local government authority.--This subsection does not

1838

limit the authority of a local government to grant or deny a

1839

1840

implementation of school concurrency. After the implementation of

1841

school concurrency, a development permit may not be denied

1842

because of inadequate school capacity or if capacity is available

1843

pursuant to paragraph (c) or paragraph (e), or if the developer

1844

executes or enters into an agreement to execute a legally binding

1845

commitment to provide mitigation proportionate to the demand for

1846

public school facilities to be created pursuant to paragraph (e).

1847

(14) RULEMAKING AUTHORITY.--The state land planning agency

1848

shall, by October 1, 1998, adopt by rule minimum criteria for the

1849

review and determination of compliance of a public school

1850

facilities element adopted by a local government for purposes of

1851

imposition of school concurrency.

1852

1853

(15) MULTIMODAL DISTRICTS.--

1854

(a) Multimodal transportation districts may be established

1855

under a local government comprehensive plan in areas delineated

1856

on the future land use map for which the local comprehensive plan

1857

1858

priority to assuring a safe, comfortable, and attractive

1859

pedestrian environment, with convenient interconnection to

1860

transit. Such districts must incorporate community design

1861

features that will reduce the number of automobile trips or

1862

vehicle miles of travel and will support an integrated,

1863

multimodal transportation system. Prior to the designation of

1864

multimodal transportation districts, the Department of

1865

Transportation shall be consulted by the local government to

1866

assess the impact that the proposed multimodal district area is

1867

expected to have on the adopted level-of-service standards

1868

established for Strategic Intermodal System facilities, as

1869

designated in s. 339.63 defined in s. 339.64, and roadway

1870

facilities funded in accordance with s. 339.2819. Further, the

1871

local government shall, in cooperation with the Department of

1872

Transportation, develop a plan to mitigate any impacts to the

1873

Strategic Intermodal System, including the development of a long-

1874

term concurrency management system pursuant to subsection (9) and

1875

s. 163.3177(3)(d). Multimodal transportation districts existing

1876

prior to July 1, 2005, shall meet, at a minimum, the provisions

1877

of this section by July 1, 2006, or at the time of the

1878

comprehensive plan update pursuant to the evaluation and

1879

appraisal report, whichever occurs last.

1880

(b) Community design elements of such a multimodal

1881

transportation district include: a complementary mix and range of

1882

land uses, including educational, recreational, and cultural

1883

uses; interconnected networks of streets designed to encourage

1884

walking and bicycling, with traffic-calming where desirable;

1885

appropriate densities and intensities of use within walking

1886

distance of transit stops; daily activities within walking

1887

distance of residences, allowing independence to persons who do

1888

not drive; public uses, streets, and squares that are safe,

1889

comfortable, and attractive for the pedestrian, with adjoining

1890

buildings open to the street and with parking not interfering

1891

with pedestrian, transit, automobile, and truck travel modes.

1892

1893

service standards that rely primarily on nonvehicular modes of

1894

transportation within the district, if when justified by an

1895

analysis demonstrating that the existing and planned community

1896

design provides will provide an adequate level of mobility within

1897

the district based upon professionally accepted multimodal level-

1898

of-service methodologies. The analysis must also demonstrate that

1899

the capital improvements required to promote community design are

1900

financially feasible over the development or redevelopment

1901

timeframe for the district and that community design features

1902

within the district provide convenient interconnection for a

1903

multimodal transportation system. Local governments may issue

1904

development permits in reliance upon all planned community design

1905

capital improvements that are financially feasible over the

1906

development or redevelopment timeframe for the district, without

1907

regard to the period of time between development or redevelopment

1908

and the scheduled construction of the capital improvements. A

1909

determination of financial feasibility shall be based upon

1910

currently available funding or funding sources that could

1911

reasonably be expected to become available over the planning

1912

period.

1913

(d) Local governments may reduce impact fees or local

1914

access fees for development within multimodal transportation

1915

districts based on the reduction of vehicle trips per household

1916

or vehicle miles of travel expected from the development pattern

1917

planned for the district.

1918

(e) By December 1, 2007, the Department of Transportation,

1919

in consultation with the state land planning agency and

1920

interested local governments, may designate a study area for

1921

1922

barriers to establishing a regional multimodal transportation

1923

concurrency district that extends over more than one local

1924

government jurisdiction. If designated:

1925

1. The study area must be in a county that has a population

1926

of at least 1,000 persons per square mile, be within an urban

1927

service area, and have the consent of the local governments

1928

within the study area. The Department of Transportation and the

1929

state land planning agency shall provide technical assistance.

1930

2. The local governments within the study area and the

1931

Department of Transportation, in consultation with the state land

1932

planning agency, shall cooperatively create a multimodal

1933

transportation plan that meets the requirements of this section.

1934

The multimodal transportation plan must include viable local

1935

1936

including a range of mixed land uses and densities and

1937

intensities, which will reduce the number of automobile trips or

1938

vehicle miles of travel while supporting an integrated,

1939

multimodal transportation system.

1940

3. To effectuate the multimodal transportation concurrency

1941

district, participating local governments may adopt appropriate

1942

comprehensive plan amendments.

1943

4. The Department of Transportation, in consultation with

1944

the state land planning agency, shall submit a report by March 1,

1945

2009, to the Governor, the President of the Senate, and the

1946

Speaker of the House of Representatives on the status of the

1947

pilot project. The report must identify any factors that support

1948

or limit the creation and success of a regional multimodal

1949

transportation district including intergovernmental coordination.

1950

(16) FAIR-SHARE MITIGATION.--It is the intent of the

1951

Legislature to provide a method by which the impacts of

1952

development on transportation facilities can be mitigated by the

1953

cooperative efforts of the public and private sectors. The

1954

methodology used to calculate proportionate fair-share mitigation

1955

under this section shall be as provided for in subsection (12),

1956

or a vehicle and people miles traveled methodology or an

1957

alternative methodology identified by the local government as a

1958

part of its comprehensive plan and that ensures that development

1959

impacts on transportation facilities are mitigated.

1960

(a) By December 1, 2006, each local government shall adopt

1961

by ordinance a methodology for assessing proportionate fair-share

1962

mitigation options. By December 1, 2005, the Department of

1963

Transportation shall develop a model transportation concurrency

1964

management ordinance that has with methodologies for assessing

1965

proportionate fair-share mitigation options.

1966

(b)1. In its transportation concurrency management system,

1967

a local government shall, by December 1, 2006, include

1968

methodologies to be applied in calculating that will be applied

1969

to calculate proportionate fair-share mitigation.

1970

1. A developer may choose to satisfy all transportation

1971

concurrency requirements by contributing or paying proportionate

1972

fair-share mitigation if transportation facilities or facility

1973

segments identified as mitigation for traffic impacts are

1974

specifically identified for funding in the 5-year schedule of

1975

capital improvements in the capital improvements element of the

1976

local plan or the long-term concurrency management system or if

1977

such contributions or payments to such facilities or segments are

1978

reflected in the 5-year schedule of capital improvements in the

1979

next regularly scheduled update of the capital improvements

1980

element. Updates to the 5-year capital improvements element which

1981

reflect proportionate fair-share contributions must be may not be

1982

found not in compliance based on ss. 163.3164(32) and 163.3177(3)

1983

if additional contributions, payments or funding sources are

1984

reasonably anticipated during a period not to exceed 10 years to

1985

fully mitigate impacts on the transportation facilities within 10

1986

years.

1987

2. Proportionate fair-share mitigation shall be applied as

1988

a credit against impact fees to the extent that all or a portion

1989

of the proportionate fair-share mitigation is used to address the

1990

same capital infrastructure improvements contemplated by the

1991

local government's impact fee ordinance.

1992

1993

limitation, separately or collectively, private funds,

1994

contributions of land, and construction and contribution of

1995

facilities and may include public funds as determined by the

1996

local government. Proportionate fair-share mitigation may be

1997

directed toward one or more specific transportation improvements

1998

reasonably related to the mobility demands created by the

1999

development and such improvements may address one or more modes

2000

of travel. The fair market value of the proportionate fair-share

2001

mitigation may shall not differ based on the form of mitigation.

2002

A local government may not require a development to pay more than

2003

its proportionate fair-share contribution regardless of the

2004

method of mitigation. Proportionate fair-share mitigation shall

2005

be limited to ensure that a development meeting the requirements

2006

of this section mitigates its impact on the transportation system

2007

2008

eliminating backlogs.

2009

(d) This subsection does not require a local government to

2010

approve a development that is not otherwise qualified for

2011

approval pursuant to the applicable local comprehensive plan and

2012

land development regulations.

2013

(e) Mitigation for development impacts to facilities on the

2014

Strategic Intermodal System made pursuant to this subsection

2015

requires the concurrence of the Department of Transportation.

2016

(f) If the funds in an adopted 5-year capital improvements

2017

2018

transportation improvement required by the local government's

2019

concurrency management system, a local government and a developer

2020

may still enter into a binding proportionate-share agreement

2021

authorizing the developer to construct that amount of development

2022

2023

proportionate-share amount in the such agreement is sufficient to

2024

pay for one or more improvements which will, in the opinion of

2025

the governmental entity or entities maintaining the

2026

transportation facilities, significantly benefit the impacted

2027

transportation system. The improvements funded by the

2028

proportionate-share component must be adopted into the 5-year

2029

capital improvements schedule of the comprehensive plan at the

2030

next annual capital improvements element update. The funding of

2031

any improvements that significantly benefit the impacted

2032

transportation system satisfies concurrency requirements as a

2033

mitigation of the development's impact upon the overall

2034

2035

concurrency on other impacted facilities.

2036

(g) Except as provided in subparagraph (b)1., this section

2037

does may not prohibit the state land planning agency Department

2038

of Community Affairs from finding other portions of the capital

2039

improvements element amendments not in compliance as provided in

2040

this chapter.

2041

(h) The provisions of This subsection does do not apply to

2042

a development of regional impact satisfying the requirements of

2043

subsection (12).

2044

(i) If a developer has contributed funds, lands, or other

2045

mitigation required by a development order to address the

2046

transportation impacts of a particular phase or stage of

2047

development that is not subject to s. 380.06, all transportation

2048

impacts attributable to that phase or stage of development shall

2049

be deemed fully mitigated in any subsequent monitoring or

2050

transportation analysis for any phase or state of development.

2051

(17) TRANSPORTATION CONCURRENCY INCENTIVES.--The

2052

Legislature finds that allowing private-sector entities to

2053

finance, construct, and improve public transportation facilities

2054

can provide significant benefits to the public by facilitating

2055

transportation without the need for additional public tax

2056

revenues. In order to encourage the more efficient and proactive

2057

provision of transportation improvements by the private sector,

2058

if a developer or property owner voluntarily contributes right-

2059

of-way and physically constructs or expands a state

2060

transportation facility or segment, and such construction or

2061

expansion:

2062

(a) Improves traffic flow, capacity, or safety, the

2063

voluntary contribution may be applied as a credit for that

2064

property owner or developer against any future transportation

2065

concurrency requirements pursuant to chapter if the

2066

transportation improvement is identified in the 5-year work plan

2067

of the Department of Transportation, and such contributions and

2068

credits are set forth in a legally binding agreement executed by

2069

the property owner or developer, the local government of the

2070

jurisdiction in which the facility is located, and the Department

2071

of Transportation.

2072

(b) Is identified in the capital improvement schedule,

2073

meets the requirements in this section, and is set forth in a

2074

legally binding agreement between the property owner or developer

2075

and the applicable local government, the contribution to the

2076

local government collector and the arterial system may be applied

2077

as credit against any future transportation concurrency

2078

requirements under this chapter.

2079

(18) TRANSPORTATION Mobility Fee.--The Legislature finds

2080

that the existing transportation concurrency system has not

2081

adequately addressed the state's transportation needs in an

2082

effective, predictable, and equitable manner and is not producing

2083

a sustainable transportation system for the state. The current

2084

system is complex, lacks uniformity among jurisdictions, is too

2085

focused on roadways to the detriment of desired land use patterns

2086

and transportation alternatives, and frequently prevents the

2087

attainment of important growth management goals. The state,

2088

therefore, should consider a different transportation concurrency

2089

approach that uses a mobility fee based on vehicle and people

2090

miles traveled. Therefore, the Legislature directs the state land

2091

planning agency to study and develop a methodology for a mobility

2092

fee system as follows:

2093

(a) The state land planning agency, in consultation with

2094

the Department of Transportation, shall convene a study group

2095

that includes representatives from the Department of

2096

Transportation, regional planning councils, local governments,

2097

the development community, land use and transportation

2098

professionals, and the Legislature to develop a uniform mobility

2099

fee methodology for statewide application to replace the existing

2100

transportation concurrency management system. The methodology

2101

shall be based on the amount, distribution, and timing of the

2102

vehicle and people miles traveled, professionally accepted

2103

standards and practices in the fields of land use and

2104

transportation planning, and the requirements of constitutional

2105

and statutory law. The mobility fee shall be designed to provide

2106

for mobility needs, ensure that development provides mitigation

2107

for its impacts on the transportation system, and promote

2108

compact, mixed-use, and energy efficient development. The

2109

mobility fee shall be used to fund improvements to the

2110

transportation system.

2111

(b) By February 15, 2009, the state land planning agency

2112

shall provide a report to the Legislature with recommendations on

2113

an appropriate uniform mobility fee methodology and whether a

2114

mobility fee system should be applied statewide or to more

2115

limited geographic areas, for a schedule to amend comprehensive

2116

plans and land development rules to incorporate the mobility fee,

2117

for a system for collecting and allocating mobility fees among

2118

state and local transportation facilities, and whether and how

2119

mobility fees should replace, revise, or supplement

2120

transportation impact fees.

2121

(19)(17) A local government and the developer of affordable

2122

workforce housing units developed in accordance with s.

2123

380.06(19) or s. 380.0651(3) may identify an employment center or

2124

centers in close proximity to the affordable workforce housing

2125

units. If at least 50 percent of the units are occupied by an

2126

2127

centers, all of the affordable workforce housing units are exempt

2128

from transportation concurrency requirements, and the local

2129

government may not reduce any transportation trip-generation

2130

entitlements of an approved development-of-regional-impact

2131

development order. As used in this subsection, the term "close

2132

proximity" means 5 miles from the nearest point of the

2133

development of regional impact to the nearest point of the

2134

employment center, and the term "employment center" means a place

2135

2136

employees.

2137

Section 8. Subsection (3), paragraph (a) of subsection (7),

2138

paragraphs (b) and (c) of subsection (15), and subsections (17),

2139

(18), and (19) of section 163.3184, Florida Statutes, are amended

2140

2141

163.3184 Process for adoption of comprehensive plan or plan

2142

amendment.--

2143

(3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

2144

AMENDMENT.--

2145

(a) Before filing an application for a future land use map

2146

amendment, applicants must conduct a neighborhood meeting to

2147

present, discuss, and solicit public comment on the proposed

2148

amendment. Such meeting shall be conducted at least 30 days but

2149

no more than 60 days before the application for the amendment is

2150

filed with the local government. At a minimum, the meeting shall

2151

be noticed and conducted in accordance with each of the following

2152

requirements:

2153

1. Notice of the meeting shall be:

2154

a. Mailed at least 10 days but no more than 14 days before

2155

the date of the meeting to all property owners owning property

2156

within 500 feet of the property subject to the proposed

2157

amendment, according to information maintained by the county tax

2158

assessor. Such information shall conclusively establish the

2159

required recipients;

2160

b. Published in accordance with s. 125.66(4)(b)2. or s.

2161

166.041(3)(4)(c)2.b.;

2162

c. Posted on the jurisdiction's web page, if available;

2163

d. Mailed to all persons on the list of home owners or

2164

condominium associations maintained by the jurisdiction, if any;

2165

2. The meeting shall be conducted at an accessible and

2166

convenient location.

2167

3. A sign-in list of all attendees at each meeting must be

2168

maintained.

2169

2170

This section applies to applications for a map amendment filed

2171

after January 1, 2009.

2172

(b) At least 15 days but no more than 45 days before the

2173

local governing body's scheduled adoption hearing, the applicant

2174

shall conduct a second noticed community or neighborhood meeting

2175

for the purpose of presenting and discussing the map amendment

2176

application, including any changes made to the proposed amendment

2177

following the first community or neighborhood meeting. Notice by

2178

United States Mail at least 10 days but no more than 14 days

2179

before the meeting is required only for persons who signed in at

2180

the preapplication meeting and persons whose names are on the

2181

sign-in sheet from the transmittal hearing conducted pursuant to

2182

s. 163.3184(15)(c). Otherwise, notice shall be given by newspaper

2183

advertisement in accordance with s. 125.66(4)(b)2. and s.

2184

166.041(3)(c)2.b. Before the adoption hearing, the applicant

2185

shall file with the local government a written certification or

2186

verification that the second meeting has been noticed and

2187

conducted in accordance with this section. This section applies

2188

to applications for a map amendment filed after January 1, 2009.

2189

2190

in this section does not apply to small-scale amendments as

2191

defined in s. 163.3187(2)(d) unless a local government, by

2192

ordinance, adopts a procedure for holding a neighborhood meeting

2193

as part of the small-scale amendment process. In no event shall

2194

more than one such meeting be required.

2195

(d)(a) Each local governing body shall transmit the

2196

complete proposed comprehensive plan or plan amendment to the

2197

state land planning agency, the appropriate regional planning

2198

council and water management district, the Department of

2199

Environmental Protection, the Department of State, and the

2200

Department of Transportation, and, in the case of municipal

2201

plans, to the appropriate county, and, in the case of county

2202

plans, to the Fish and Wildlife Conservation Commission and the

2203

Department of Agriculture and Consumer Services, immediately

2204

following a public hearing pursuant to subsection (15) as

2205

specified in the state land planning agency's procedural rules.

2206

The local governing body shall also transmit a copy of the

2207

complete proposed comprehensive plan or plan amendment to any

2208

other unit of local government or government agency in the state

2209

that has filed a written request with the governing body for the

2210

plan or plan amendment. The local government may request a review

2211

by the state land planning agency pursuant to subsection (6) at

2212

the time of the transmittal of an amendment.

2213

(e)(b) A local governing body shall not transmit portions

2214

of a plan or plan amendment unless it has previously provided to

2215

all state agencies designated by the state land planning agency a

2216

2217

subsection (7) and as specified in the agency's procedural rules.

2218

In the case of comprehensive plan amendments, the local governing

2219

body shall transmit to the state land planning agency, the

2220

appropriate regional planning council and water management

2221

district, the Department of Environmental Protection, the

2222

Department of State, and the Department of Transportation, and,

2223

in the case of municipal plans, to the appropriate county and, in

2224

the case of county plans, to the Fish and Wildlife Conservation

2225

Commission and the Department of Agriculture and Consumer

2226

Services the materials specified in the state land planning

2227

agency's procedural rules and, in cases in which the plan

2228

amendment is a result of an evaluation and appraisal report

2229

adopted pursuant to s. 163.3191, a copy of the evaluation and

2230

appraisal report. Local governing bodies shall consolidate all

2231

proposed plan amendments into a single submission for each of the

2232

two plan amendment adoption dates during the calendar year

2233

pursuant to s. 163.3187.

2234

(f)(c) A local government may adopt a proposed plan

2235

amendment previously transmitted pursuant to this subsection,

2236

unless review is requested or otherwise initiated pursuant to

2237

subsection (6).

2238

(g)(d) In cases in which a local government transmits

2239

multiple individual amendments that can be clearly and legally

2240

separated and distinguished for the purpose of determining

2241

whether to review the proposed amendment, and the state land

2242

planning agency elects to review several or a portion of the

2243

2244

the remaining amendments not reviewed, the amendments immediately

2245

adopted and any reviewed amendments that the local government

2246

subsequently adopts together constitute one amendment cycle in

2247

accordance with s. 163.3187(1).

2248

(7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN

2249

OR AMENDMENTS AND TRANSMITTAL.--

2250

(a) The local government shall review the written comments

2251

submitted to it by the state land planning agency, and any other

2252

person, agency, or government. Any comments, recommendations, or

2253

2254

part of the permanent record in the matter, and admissible in any

2255

proceeding in which the comprehensive plan or plan amendment may

2256

be at issue. The local government, upon receipt of written

2257

comments from the state land planning agency, shall have 120 days

2258

to adopt, or adopt with changes, the proposed comprehensive plan

2259

or s. 163.3191 plan amendments. In the case of comprehensive plan

2260

amendments other than those proposed pursuant to s. 163.3191, the

2261

local government shall have 60 days to adopt the amendment, adopt

2262

the amendment with changes, or determine that it will not adopt

2263

the amendment. The adoption of the proposed plan or plan

2264

amendment or the determination not to adopt a plan amendment,

2265

other than a plan amendment proposed pursuant to s. 163.3191,

2266

shall be made in the course of a public hearing pursuant to

2267

2268

comprehensive plan or plan amendment within the period set forth

2269

in this subsection, the plan or plan amendment shall be deemed

2270

abandoned and may not be considered until the next available

2271

amendment cycle pursuant to ss. 163.3184 and 163.3187. However,

2272

if the applicant or local government, before the expiration of

2273

the period, certifies in writing to the state land planning

2274

agency that the applicant is proceeding in good faith to address

2275

the items raised in the agency report issued pursuant to s.

2276

163.3184(6)(c) or agency comments issued pursuant to s.

2277

163.32465(4), and such certification specifically identifies the

2278

items being addressed, the state land planning agency may grant

2279

one or more extensions not to exceed a total of 360 days from the

2280

date of the issuance of the agency report or comments if the

2281

request is justified by good cause as determined by the agency.

2282

When any such extension is pending, the applicant shall file with

2283

the local government and state land planning agency a status

2284

report every 60 days specifically identifying the items being

2285

addressed and the manner in which such items are addressed. The

2286

local government shall transmit the complete adopted

2287

comprehensive plan or plan amendment, including the names and

2288

2289

the state land planning agency as specified in the agency's

2290

procedural rules within 10 working days after adoption. The local

2291

governing body shall also transmit a copy of the adopted

2292

comprehensive plan or plan amendment to the regional planning

2293

2294

agency in the state that has filed a written request with the

2295

governing body for a copy of the plan or plan amendment.

2296

(15) PUBLIC HEARINGS.--

2297

(b) The local governing body shall hold at least two

2298

advertised public hearings on the proposed comprehensive plan or

2299

plan amendment as follows:

2300

1. The first public hearing shall be held at the

2301

transmittal stage pursuant to subsection (3). It shall be held on

2302

2303

advertisement is published.

2304

2. The second public hearing shall be held at the adoption

2305

stage pursuant to subsection (7). It shall be held on a weekday

2306

at least 5 days after the day that the second advertisement is

2307

published. The comprehensive plan or plan amendment to be

2308

considered for adoption must be available to the public at least

2309

5 days before the date of the hearing, and must be posted at

2310

least 5 days before the date of the hearing on the local

2311

government's website if one is maintained. The proposed

2312

comprehensive plan amendment may not be altered during the 5 days

2313

before the hearing if such alteration increases the permissible

2314

density, intensity, or height, or decreases the minimum buffers,

2315

setbacks, or open space. If the amendment is altered in this

2316

manner during the 5-day period or at the public hearing, the

2317

public hearing shall be continued to the next meeting of the

2318

local governing body. As part of the adoption package, the local

2319

government shall certify in writing to the state land planning

2320

agency that it has complied with this subsection.

2321

2322

the transmittal hearing and at the adoption hearing for persons

2323

2324

sign-in form must advise that any person providing the requested

2325

information will receive a courtesy informational statement

2326

concerning publications of the state land planning agency's

2327

notice of intent. The local government shall add to the sign-in

2328

form the name and address of any person who submits written

2329

comments concerning the proposed plan or plan amendment during

2330

the time period between the commencement of the transmittal

2331

hearing and the end of the adoption hearing. It is the

2332

responsibility of the person completing the form or providing

2333

written comments to accurately, completely, and legibly provide

2334

all information needed in order to receive the courtesy

2335

informational statement.

2336

(17) COMMUNITY VISION AND URBAN BOUNDARY PLAN

2337

AMENDMENTS.--A local government that has adopted a community

2338

vision and urban service boundary under s. 163.3177(13) and (14)

2339

may adopt a plan amendment related to map amendments solely to

2340

property within an urban service boundary in the manner described

2341

in subsections (1), (2), (7), (14), (15), and (16) and s.

2342

163.3187(1)(c)1.d. and e., 2., and 3., such that state and

2343

regional agency review is eliminated. The department may not

2344

issue an objections, recommendations, and comments report on

2345

proposed plan amendments or a notice of intent on adopted plan

2346

amendments; however, affected persons, as defined by paragraph

2347

(1)(a), may file a petition for administrative review pursuant to

2348

the requirements of s. 163.3187(3)(a) to challenge the compliance

2349

of an adopted plan amendment. This subsection does not apply to

2350

any amendment within an area of critical state concern, to any

2351

amendment that increases residential densities allowable in high-

2352

hazard coastal areas as defined in s. 163.3178(2)(h), or to a

2353

text change to the goals, policies, or objectives of the local

2354

government's comprehensive plan. Amendments submitted under this

2355

subsection are exempt from the limitation on the frequency of

2356

plan amendments in s. 163.3187.

2357

(18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.--A

2358

municipality that has a designated urban infill and redevelopment

2359

area under s. 163.2517 may adopt a plan amendment related to map

2360

amendments solely to property within a designated urban infill

2361

and redevelopment area in the manner described in subsections

2362

(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d. and

2363

e., 2., and 3., such that state and regional agency review is

2364

eliminated. The department may not issue an objections,

2365

recommendations, and comments report on proposed plan amendments

2366

or a notice of intent on adopted plan amendments; however,

2367

affected persons, as defined by paragraph (1)(a), may file a

2368

petition for administrative review pursuant to the requirements

2369

of s. 163.3187(3)(a) to challenge the compliance of an adopted

2370

plan amendment. This subsection does not apply to any amendment

2371

within an area of critical state concern, to any amendment that

2372

increases residential densities allowable in high-hazard coastal

2373

areas as defined in s. 163.3178(2)(h), or to a text change to the

2374

goals, policies, or objectives of the local government's

2375

comprehensive plan. Amendments submitted under this subsection

2376

are exempt from the limitation on the frequency of plan

2377

amendments in s. 163.3187.

2378

(17)(19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.--Any

2379

local government that identifies in its comprehensive plan the

2380

types of housing developments and conditions for which it will

2381

consider plan amendments that are consistent with the local

2382

housing incentive strategies identified in s. 420.9076 and

2383

authorized by the local government may expedite consideration of

2384

2385

plan amendment pursuant to this subsection, the local government

2386

shall notify the state land planning agency of its intent to

2387

adopt such an amendment, and the notice shall include the local

2388

government's evaluation of site suitability and availability of

2389

facilities and services. A plan amendment considered under this

2390

subsection shall require only a single public hearing before the

2391

local governing body, which shall be a plan amendment adoption

2392

hearing as described in subsection (7). The public notice of the

2393

2394

statement that the local government intends to use the expedited

2395

adoption process authorized under this subsection. The state land

2396

planning agency shall issue its notice of intent required under

2397

subsection (8) within 30 days after determining that the

2398

amendment package is complete. Any further proceedings are shall

2399

be governed by subsections (9)-(16).

2400

Section 9. Section 163.3187, Florida Statutes, is amended

2401

to read:

2402

163.3187 Amendment of adopted comprehensive plan.--

2403

(1) Comprehensive plan amendments may be adopted by simple

2404

majority vote of the governing body of the local government,

2405

except a super majority vote of the members of the governing body

2406

of the local government present at the hearing is required to

2407

adopt any text amendment, except for:

2408

(a) Special area text policies associated with a future

2409

land use map amendment;

2410

(b) Text amendments to the schedule of capital

2411

improvements; and

2412

2413

evaluation and appraisal report and required to implement a new

2414

statutory requirement not previously incorporated into the

2415

comprehensive plan.

2416

(2) Amendments to comprehensive plans may be transmitted

2417

and adopted pursuant to this part may be made not more than once

2418

two times during any calendar year, with the following exceptions

2419

except:

2420

(a) Local governments may transmit and adopt the following

2421

comprehensive plan amendments twice per calendar year:

2422

1. Future land use map amendments and special area policies

2423

associated with those map amendments for land within areas

2424

designated in the comprehensive plan for downtown revitalization

2425

pursuant to s. 163.3164(25), urban redevelopment pursuant to s.

2426

163.3164(26), urban infill development pursuant to s.

2427

163.3164(27), urban infill and redevelopment pursuant to s.

2428

163.2517, or an urban service area pursuant to s.

2429

163.3180(5)(b)5.

2430

2. Future land use map amendments within an area designated

2431

by the Governor as a rural area of critical economic concern

2432

under s. 288.0656(7) for the duration of such designation. Before

2433

the adoption of such an amendment, the local government must

2434

obtain written certification from the Office of Tourism, Trade

2435

and Economic Development that the plan amendment furthers the

2436

economic objectives set forth in the executive order issued under

2437

s. 288.0656(7).

2438

3. Any local government comprehensive plan amendment

2439

establishing or implementing a rural land stewardship area

2440

pursuant to the provisions of s. 163.3177(11)(d) or a sector plan

2441

pursuant to the provisions of s. 163.3245.

2442

(b)(a) The following amendments may be adopted by the local

2443

government at any time during a calendar year without regard for

2444

the frequency restrictions set forth immediately above:

2445

1. Any local government comprehensive plan In the case of

2446

an emergency, comprehensive plan amendments may be made more

2447

often than twice during the calendar year if the additional plan

2448

amendment enacted in case of emergency receives the approval of

2449

all of the members of the governing body. "Emergency" means any

2450

occurrence or threat thereof whether accidental or natural,

2451

caused by humankind, in war or peace, which results or may result

2452

in substantial injury or harm to the population or substantial

2453

damage to or loss of property or public funds.

2454

2455

2.(b) Any local government comprehensive plan amendments

2456

directly related to a proposed development of regional impact,

2457

including changes which have been determined to be substantial

2458

deviations and including Florida Quality Developments pursuant to

2459

2460

considered by the local governing body at the same time as the

2461

application for development approval using the procedures

2462

provided for local plan amendment in this section and applicable

2463

local ordinances, without regard to statutory or local ordinance

2464

limits on the frequency of consideration of amendments to the

2465

local comprehensive plan. Nothing in this subsection shall be

2466

deemed to require favorable consideration of a plan amendment

2467

solely because it is related to a development of regional impact.

2468

3.(c) Any Local government comprehensive plan amendments

2469

directly related to proposed small scale development activities

2470

may be approved without regard to statutory limits on the

2471

frequency of consideration of amendments to the local

2472

comprehensive plan. A small scale development amendment may be

2473

adopted only under the following conditions:

2474

4.1. The proposed amendment involves a use of 10 acres or

2475

fewer and:

2476

a. The cumulative annual effect of the acreage for all

2477

small scale development amendments adopted by the local

2478

government shall not exceed:

2479

(I) A maximum of 120 acres in a local government that

2480

contains areas specifically designated in the local comprehensive

2481

plan for urban infill, urban redevelopment, or downtown

2482

revitalization as defined in s. 163.3164, urban infill and

2483

redevelopment areas designated under s. 163.2517, transportation

2484

concurrency exception areas approved pursuant to s. 163.3180(5),

2485

or regional activity centers and urban central business districts

2486

approved pursuant to s. 380.06(2)(e); however, amendments under

2487

this paragraph may be applied to no more than 60 acres annually

2488

of property outside the designated areas listed in this sub-sub-

2489

subparagraph. Amendments adopted pursuant to paragraph (k) shall

2490

not be counted toward the acreage limitations for small scale

2491

amendments under this paragraph.

2492

2493

(II) A maximum of 80 acres in a local government that does

2494

not contain any of the designated areas set forth in sub-sub-

2495

subparagraph (I).

2496

(III) A maximum of 120 acres in a county established

2497

pursuant to s. 9, Art. VIII of the State Constitution.

2498

b. The proposed amendment does not involve the same

2499

property granted a change within the prior 12 months.

2500

c. The proposed amendment does not involve the same owner's

2501

property within 200 feet of property granted a change within the

2502

prior 12 months.

2503

d. The proposed amendment does not involve a text change to

2504

the goals, policies, and objectives of the local government's

2505

comprehensive plan, but only proposes a land use change to the

2506

future land use map for a site-specific small scale development

2507

activity.

2508

e. The property that is the subject of the proposed

2509

2510

concern, unless the project subject to the proposed amendment

2511

involves the construction of affordable housing units meeting the

2512

criteria of s. 420.0004(3), and is located within an area of

2513

critical state concern designated by s. 380.0552 or by the

2514

Administration Commission pursuant to s. 380.05(1). Such

2515

amendment is not subject to the density limitations of sub-

2516

subparagraph f., and shall be reviewed by the state land planning

2517

agency for consistency with the principles for guiding

2518

2519

where the amendment is located and is shall not become effective

2520

until a final order is issued under s. 380.05(6).

2521

f. If the proposed amendment involves a residential land

2522

use, the residential land use has a density of 10 units or less

2523

per acre or the proposed future land use category allows a

2524

maximum residential density of the same or less than the maximum

2525

residential density allowable under the existing future land use

2526

category, except that this limitation does not apply to small

2527

scale amendments involving the construction of affordable housing

2528

units meeting the criteria of s. 420.0004(3) on property which

2529

will be the subject of a land use restriction agreement, or small

2530

scale amendments described in sub-sub-subparagraph a.(I) that are

2531

designated in the local comprehensive plan for urban infill,

2532

urban redevelopment, or downtown revitalization as defined in s.

2533

163.3164, urban infill and redevelopment areas designated under

2534

s. 163.2517, transportation concurrency exception areas approved

2535

pursuant to s. 163.3180(5), or regional activity centers and

2536

urban central business districts approved pursuant to s.

2537

380.06(2)(e).

2538

5.2.a. A local government that proposes to consider a plan

2539

amendment pursuant to this paragraph is not required to comply

2540

with the procedures and public notice requirements of s.

2541

163.3184(15)(c) for such plan amendments if the local government

2542

complies with the provisions in s. 125.66(4)(a) for a county or

2543

in s. 166.041(3)(c) for a municipality. If a request for a plan

2544

amendment under this paragraph is initiated by other than the

2545

local government, public notice is required.

2546

b. The local government shall send copies of the notice and

2547

amendment to the state land planning agency, the regional

2548

planning council, and any other person or entity requesting a

2549

copy. This information shall also include a statement identifying

2550

any property subject to the amendment that is located within a

2551

coastal high-hazard area as identified in the local comprehensive

2552

plan.

2553

6.3. Small scale development amendments adopted pursuant to

2554

this paragraph require only one public hearing before the

2555

2556

in s. 163.3184(7), and are not subject to the requirements of s.

2557

163.3184(3)-(6) unless the local government elects to have them

2558

subject to those requirements.

2559

7.4. If the small scale development amendment involves a

2560

site within an area that is designated by the Governor as a rural

2561

area of critical economic concern under s. 288.0656(7) for the

2562

duration of such designation, the 10-acre limit listed in

2563

subparagraph 1. shall be increased by 100 percent to 20 acres.

2564

2565

shall certify to the Office of Tourism, Trade, and Economic

2566

Development that the plan amendment furthers the economic

2567

objectives set forth in the executive order issued under s.

2568

288.0656(7), and the property subject to the plan amendment shall

2569

undergo public review to ensure that all concurrency requirements

2570

and federal, state, and local environmental permit requirements

2571

are met.

2572

8.(d) Any comprehensive plan amendment required by a

2573

compliance agreement pursuant to s. 163.3184(16) may be approved

2574

without regard to statutory limits on the frequency of adoption

2575

of amendments to the comprehensive plan.

2576

(e) A comprehensive plan amendment for location of a state

2577

correctional facility. Such an amendment may be made at any time

2578

and does not count toward the limitation on the frequency of plan

2579

amendments.

2580

9.(f) Any comprehensive plan amendment that changes the

2581

schedule in the capital improvements element, and any amendments

2582

2583

year on a date different from the two times provided in this

2584

subsection when necessary to coincide with the adoption of the

2585

local government's budget and capital improvements program.

2586

(g) Any local government comprehensive plan amendments

2587

directly related to proposed redevelopment of brownfield areas

2588

designated under s. 376.80 may be approved without regard to

2589

statutory limits on the frequency of consideration of amendments

2590

to the local comprehensive plan.

2591

10.(h) Any comprehensive plan amendments for port

2592

transportation facilities and projects that are eligible for

2593

funding by the Florida Seaport Transportation and Economic

2594

Development Council pursuant to s. 311.07.

2595

(i) A comprehensive plan amendment for the purpose of

2596

designating an urban infill and redevelopment area under s.

2597

163.2517 may be approved without regard to the statutory limits

2598

on the frequency of amendments to the comprehensive plan.

2599

11.(j) Any comprehensive plan amendment to establish public

2600

school concurrency pursuant to s. 163.3180(13), including, but

2601

not limited to, adoption of a public school facilities element

2602

pursuant to s. 163.3177(12) and adoption of amendments to the

2603

capital improvements element and intergovernmental coordination

2604

element. In order to ensure the consistency of local government

2605

public school facilities elements within a county, such elements

2606

must shall be prepared and adopted on a similar time schedule.

2607

(k) A local comprehensive plan amendment directly related

2608

to providing transportation improvements to enhance life safety

2609

on Controlled Access Major Arterial Highways identified in the

2610

Florida Intrastate Highway System, in counties as defined in s.

2611

125.011, where such roadways have a high incidence of traffic

2612

accidents resulting in serious injury or death. Any such

2613

amendment shall not include any amendment modifying the

2614

designation on a comprehensive development plan land use map nor

2615

any amendment modifying the allowable densities or intensities of

2616

any land.

2617

(l) A comprehensive plan amendment to adopt a public

2618

educational facilities element pursuant to s. 163.3177(12) and

2619

future land-use-map amendments for school siting may be approved

2620

notwithstanding statutory limits on the frequency of adopting

2621

plan amendments.

2622

(m) A comprehensive plan amendment that addresses criteria

2623

or compatibility of land uses adjacent to or in close proximity

2624

to military installations in a local government's future land use

2625

element does not count toward the limitation on the frequency of

2626

the plan amendments.

2627

(n) Any local government comprehensive plan amendment

2628

establishing or implementing a rural land stewardship area

2629

pursuant to the provisions of s. 163.3177(11)(d).

2630

(o) A comprehensive plan amendment that is submitted by an

2631

area designated by the Governor as a rural area of critical

2632

economic concern under s. 288.0656(7) and that meets the economic

2633

development objectives may be approved without regard to the

2634

statutory limits on the frequency of adoption of amendments to

2635

the comprehensive plan.

2636

(p) Any local government comprehensive plan amendment that

2637

is consistent with the local housing incentive strategies

2638

identified in s. 420.9076 and authorized by the local government.

2639

12. Any local government comprehensive plan amendment

2640

adopted pursuant to a final order issued by the Administration

2641

Commission or Florida Land and Water Adjudicatory Commission.

2642

13. A future land use map amendment including not more than

2643

20 acres within an area designated by the Governor as a rural

2644

area of critical economic concern under s. 288.0656(7) for the

2645

duration of such designation. Before the adoption of such an

2646

amendment, the local government shall obtain from the Office of

2647

Tourism, Trade, and Economic Development written certification

2648

that the plan amendment furthers the economic objectives set

2649

forth in the executive order issued under s. 288.0656(7). The

2650

property subject to the plan amendment is subject to all

2651

concurrency requirements and federal, state, and local

2652

environmental permit requirements.

2653

14. Future land use map amendments and any associated

2654

special area policies which exist for affordable housing and

2655

qualify for expedited review under s. 163.32461.

2656

(3)(2) Comprehensive plans may only be amended in such a

2657

way as to preserve the internal consistency of the plan pursuant

2658

to s. 163.3177(2). Corrections, updates, or modifications of

2659

current costs which were set out as part of the comprehensive

2660

plan shall not, for the purposes of this act, be deemed to be

2661

amendments.

2662

(4)(3)(a) The state land planning agency shall not review

2663

or issue a notice of intent for small scale development

2664

amendments which satisfy the requirements of paragraph (2)(d)

2665

(1)(c). Any affected person may file a petition with the Division

2666

of Administrative Hearings pursuant to ss. 120.569 and 120.57 to

2667

request a hearing to challenge the compliance of a small scale

2668

development amendment with this act within 30 days following the

2669

local government's adoption of the amendment, shall serve a copy

2670

of the petition on the local government, and shall furnish a copy

2671

to the state land planning agency. An administrative law judge

2672

shall hold a hearing in the affected jurisdiction not less than

2673

30 days nor more than 60 days following the filing of a petition

2674

and the assignment of an administrative law judge. The parties to

2675

a hearing held pursuant to this subsection are shall be the

2676

petitioner, the local government, and any intervenor. In the

2677

2678

scale development amendment is in compliance is presumed to be

2679

correct. The local government's determination shall be sustained

2680

unless it is shown by a preponderance of the evidence that the

2681

amendment is not in compliance with the requirements of this act.

2682

In any proceeding initiated pursuant to this subsection, the

2683

2684

(b)1. If the administrative law judge recommends that the

2685

small scale development amendment be found not in compliance, the

2686

administrative law judge shall submit the recommended order to

2687

the Administration Commission for final agency action. If the

2688

2689

development amendment be found in compliance, the administrative

2690

law judge shall submit the recommended order to the state land

2691

planning agency.

2692

2. If the state land planning agency determines that the

2693

plan amendment is not in compliance, the agency shall submit,

2694

within 30 days following its receipt, the recommended order to

2695

the Administration Commission for final agency action. If the

2696

state land planning agency determines that the plan amendment is

2697

in compliance, the agency shall enter a final order within 30

2698

2699

2700

effective until 31 days after adoption. If challenged within 30

2701

days after adoption, small scale development amendments shall not

2702

become effective until the state land planning agency or the

2703

2704

determining that the adopted small scale development amendment is

2705

in compliance. However, a small-scale amendment shall not become

2706

effective until it has been rendered to the state land planning

2707

agency as required by s. 163.3187(1)(d)2.b. and the state land

2708

planning agency has certified to the local government in writing

2709

that the amendment qualifies as a small-scale amendment.

2710

(5)(4) Each governing body shall transmit to the state land

2711

planning agency a current copy of its comprehensive plan not

2712

2713

transmit copies of any amendments it adopts to its comprehensive

2714

plan so as to continually update the plans on file with the state

2715

land planning agency.

2716

(6)(5) Nothing in this part is intended to prohibit or

2717

limit the authority of local governments to require that a person

2718

requesting an amendment pay some or all of the cost of public

2719

notice.

2720

(7)(6)(a) A No local government may not amend its

2721

comprehensive plan after the date established by the state land

2722

planning agency for adoption of its evaluation and appraisal

2723

report unless it has submitted its report or addendum to the

2724

state land planning agency as prescribed by s. 163.3191, except

2725

for plan amendments described in paragraph (2)(c) (1)(b) or

2726

paragraph (2)(g) (1)(h).

2727

(b) A local government may amend its comprehensive plan

2728

after it has submitted its adopted evaluation and appraisal

2729

report and for a period of 1 year after the initial determination

2730

of sufficiency regardless of whether the report has been

2731

determined to be insufficient.

2732

2733

plan, except for plan amendments described in paragraph (2)(c)

2734

(1)(b), if the 1-year period after the initial sufficiency

2735

determination of the report has expired and the report has not

2736

been determined to be sufficient.

2737

(d) When the state land planning agency has determined that

2738

the report has sufficiently addressed all pertinent provisions of

2739

s. 163.3191, the local government may amend its comprehensive

2740

plan without the limitations imposed by paragraph (a) or

2741

paragraph (c).

2742

(e) Any plan amendment which a local government attempts to

2743

adopt in violation of paragraph (a) or paragraph (c) is invalid,

2744

but such invalidity may be overcome if the local government

2745

readopts the amendment and transmits the amendment to the state

2746

land planning agency pursuant to s. 163.3184(7) after the report

2747

is determined to be sufficient.

2748

Section 10. Section 163.3245, Florida Statutes, is amended

2749

to read:

2750

2751

163.3245 Optional sector plans.--

2752

(1) In recognition of the benefits of large-scale

2753

conceptual long-range planning for the buildout of an area, and

2754

detailed planning for specific areas, as a demonstration project,

2755

the requirements of s. 380.06 may be addressed as identified by

2756

this section for up to five local governments or combinations of

2757

local governments may which adopt into their the comprehensive

2758

plans plan an optional sector plan in accordance with this

2759

section. This section is intended to further the intent of s.

2760

163.3177(11), which supports innovative and flexible planning and

2761

development strategies, and the purposes of this part, and part I

2762

of chapter 380, and to avoid duplication of effort in terms of

2763

the level of data and analysis required for a development of

2764

regional impact, while ensuring the adequate mitigation of

2765

impacts to applicable regional resources and facilities,

2766

including those within the jurisdiction of other local

2767

governments, as would otherwise be provided. Optional sector

2768

plans are intended for substantial geographic areas which include

2769

including at least 10,000 contiguous 5,000 acres of one or more

2770

local governmental jurisdictions and are to emphasize urban form

2771

and protection of regionally significant resources and

2772

facilities. The state land planning agency may approve optional

2773

sector plans of less than 5,000 acres based on local

2774

circumstances if it is determined that the plan would further the

2775

purposes of this part and part I of chapter 380. Preparation of

2776

an optional sector plan is authorized by agreement between the

2777

state land planning agency and the applicable local governments

2778

under s. 163.3171(4). An optional sector plan may be adopted

2779

through one or more comprehensive plan amendments under s.

2780

163.3184. However, an optional sector plan may not be authorized

2781

in an area of critical state concern.

2782

(2) The state land planning agency may enter into an

2783

agreement to authorize preparation of an optional sector plan

2784

upon the request of one or more local governments based on

2785

consideration of problems and opportunities presented by existing

2786

development trends; the effectiveness of current comprehensive

2787

plan provisions; the potential to further the state comprehensive

2788

plan, applicable strategic regional policy plans, this part, and

2789

part I of chapter 380; and those factors identified by s.

2790

163.3177(10)(i). The applicable regional planning council shall

2791

conduct a scoping meeting with affected local governments and

2792

those agencies identified in s. 163.3184(4) before the local

2793

government may consider the sector plan amendments for

2794

transmittal execution of the agreement authorized by this

2795

section. The purpose of this meeting is to assist the state land

2796

planning agency and the local government in identifying the

2797

identification of the relevant planning issues to be addressed

2798

and the data and resources available to assist in the preparation

2799

of the subsequent plan amendments. The regional planning council

2800

shall make written recommendations to the state land planning

2801

agency and affected local governments relating to , including

2802

whether a sustainable sector plan would be appropriate. The

2803

agreement must define the geographic area to be subject to the

2804

sector plan, the planning issues that will be emphasized,

2805

requirements for intergovernmental coordination to address

2806

extrajurisdictional impacts, supporting application materials

2807

including data and analysis, and procedures for public

2808

participation. An agreement may address previously adopted sector

2809

plans that are consistent with the standards in this section.

2810

Before executing an agreement under this subsection, the local

2811

government shall hold a duly noticed public workshop to review

2812

and explain to the public the optional sector planning process

2813

and the terms and conditions of the proposed agreement. The local

2814

government shall hold a duly noticed public hearing to execute

2815

the agreement. All meetings between the state land planning

2816

agency department and the local government must be open to the

2817

public.

2818

(3) Optional sector planning encompasses two levels:

2819

adoption under s. 163.3184 of a conceptual long-term overlay plan

2820

as part of buildout overlay to the comprehensive plan, having no

2821

immediate effect on the issuance of development orders or the

2822

applicability of s. 380.06, and adoption under s. 163.3184 of

2823

detailed specific area plans that implement the conceptual long-

2824

term overlay plan buildout overlay and authorize issuance of

2825

development orders, and within which s. 380.06 is waived. Upon

2826

adoption of a conceptual long-term overlay plan, the underlying

2827

future land use designations may be used only if consistent with

2828

the plan and its implementing goals, objectives, and policies.

2829

Until such time as a detailed specific area plan is adopted, the

2830

underlying future land use designations apply.

2831

(a) In addition to the other requirements of this chapter,

2832

a conceptual long-term overlay plan adopted pursuant to s.

2833

163.3184 buildout overlay must include maps and text supported by

2834

data and analysis that address the following:

2835

1. A long-range conceptual overlay plan framework map that,

2836

at a minimum, identifies the maximum and minimum amounts,

2837

densities, intensities, and types of allowable development and

2838

generally depicts anticipated areas of urban, agricultural,

2839

rural, and conservation land use.

2840

2. A general identification of regionally significant

2841

public facilities consistent with chapter 9J-2, Florida

2842

Administrative Code, irrespective of local governmental

2843

jurisdiction, necessary to support buildout of the anticipated

2844

future land uses, and policies setting forth the procedures to be

2845

used to address and mitigate these impacts as part of the

2846

adoption of detailed specific area plans.

2847

3. A general identification of regionally significant

2848

natural resources and policies ensuring the protection and

2849

conservation of these resources consistent with chapter 9J-2,

2850

Florida Administrative Code.

2851

4. Principles and guidelines that address the urban form

2852

and interrelationships of anticipated future land uses, and a

2853

discussion, at the applicant's option, of the extent, if any, to

2854

which the plan will address restoring key ecosystems, achieving a

2855

more clean, healthy environment, limiting urban sprawl within the

2856

sector plan and surrounding area, providing affordable and

2857

workforce housing, promoting energy efficient land use patterns,

2858

protecting wildlife and natural areas, advancing the efficient

2859

use of land and other resources, and creating quality communities

2860

and jobs.

2861

5. Identification of general procedures to ensure

2862

intergovernmental coordination to address extrajurisdictional

2863

impacts from the long-range conceptual overlay framework map.

2864

(b) In addition to the other requirements of this chapter,

2865

including those in paragraph (a), the detailed specific area

2866

plans must include:

2867

2868

1. An area of adequate size to accommodate a level of

2869

development which achieves a functional relationship between a

2870

full range of land uses within the area and encompasses to

2871

encompass at least 1,000 acres. The state land planning agency

2872

may approve detailed specific area plans of less than 1,000 acres

2873

based on local circumstances if it is determined that the plan

2874

furthers the purposes of this part and part I of chapter 380.

2875

2. Detailed identification and analysis of the minimum and

2876

maximum amounts, densities, intensities, distribution, extent,

2877

and location of future land uses.

2878

3. Detailed identification of regionally significant public

2879

facilities, including public facilities outside the jurisdiction

2880

2881

uses on those facilities, and required improvements consistent

2882

with the policies accompanying the plan and, for transportation,

2883

with rule 9J-2.045 chapter 9J-2, Florida Administrative Code.

2884

4. Public facilities necessary for the short term,

2885

including developer contributions in a financially feasible 5-

2886

year capital improvement schedule of the affected local

2887

government.

2888

5. Detailed analysis and identification of specific

2889

measures to assure the protection of regionally significant

2890

natural resources and other important resources both within and

2891

outside the host jurisdiction, including those regionally

2892

significant resources identified in chapter 9J-2, Florida

2893

Administrative Code.

2894

6. Principles and guidelines that address the urban form

2895

and interrelationships of anticipated future land uses and a

2896

discussion, at the applicant's option, of the extent, if any, to

2897

which the plan will address restoring key ecosystems, achieving a

2898

more clean, healthy environment, limiting urban sprawl, providing

2899

affordable and workforce housing, promoting energy efficient land

2900

use patterns, protecting wildlife and natural areas, advancing

2901

the efficient use of land and other resources, and creating

2902

quality communities and jobs.

2903

7. Identification of specific procedures to ensure

2904

intergovernmental coordination that addresses to address

2905

extrajurisdictional impacts of the detailed specific area plan.

2906

2907

preparation and approval of the optional sector plan and detailed

2908

specific area plan concurrently or in the same submission.

2909

(4) The host local government shall submit a monitoring

2910

report to the state land planning agency and applicable regional

2911

planning council on an annual basis after adoption of a detailed

2912

specific area plan. The annual monitoring report must provide

2913

summarized information on development orders issued, development

2914

that has occurred, public facility improvements made, and public

2915

facility improvements anticipated over the upcoming 5 years.

2916

(5) If When a plan amendment adopting a detailed specific

2917

area plan has become effective under ss. 163.3184 and

2918

163.3189(2), the provisions of s. 380.06 do not apply to

2919

development within the geographic area of the detailed specific

2920

2921

development order that is vested from the detailed specific area

2922

plan may be enforced under s. 380.11.

2923

(a) The local government adopting the detailed specific

2924

area plan is primarily responsible for monitoring and enforcing

2925

2926

issue any permits or approvals or provide any extensions of

2927

services to development that are not consistent with the detailed

2928

sector area plan.

2929

(b) If the state land planning agency has reason to believe

2930

that a violation of any detailed specific area plan, or of any

2931

agreement entered into under this section, has occurred or is

2932

about to occur, it may institute an administrative or judicial

2933

proceeding to prevent, abate, or control the conditions or

2934

activity creating the violation, using the procedures in s.

2935

380.11.

2936

2937

involving an optional sector plan or detailed specific area plan,

2938

including a proceeding pursuant to paragraph (b), the complaining

2939

party shall comply with the requirements of s. 163.3215(4), (5),

2940

(6), and (7).

2941

(6) Beginning December 1, 1999, and each year thereafter,

2942

the department shall provide a status report to the Legislative

2943

Committee on Intergovernmental Relations regarding each optional

2944

sector plan authorized under this section.

2945

(5)(7) This section does may not be construed to abrogate

2946

the rights of any person under this chapter.

2947

Section 11. Section 163.3246, Florida Statutes, is amended

2948

to read:

2949

163.3246 Local Government Comprehensive Planning

2950

Certification Program.--

2951

(1) The Legislature finds that There is created the Local

2952

Government Comprehensive Planning Certification Program has had a

2953

low level of interest from and participation by local

2954

governments. New approaches, such as the Alternative State Review

2955

Process Pilot Program, provide a more effective approach to

2956

expediting and streamlining comprehensive plan amendment review.

2957

Therefore, the Local Government Comprehensive Planning

2958

Certification Program is discontinued and no additional local

2959

governments may be certified. The municipalities of Freeport,

2960

Lakeland, Miramar, and Orlando may continue to adopt amendments

2961

in accordance with this section and their certification agreement

2962

or certification notice. to be administered by the Department of

2963

Community Affairs. The purpose of the program is to create a

2964

certification process for local governments who identify a

2965

geographic area for certification within which they commit to

2966

directing growth and who, because of a demonstrated record of

2967

effectively adopting, implementing, and enforcing its

2968

comprehensive plan, the level of technical planning experience

2969

exhibited by the local government, and a commitment to implement

2970

exemplary planning practices, require less state and regional

2971

oversight of the comprehensive plan amendment process. The

2972

purpose of the certification area is to designate areas that are

2973

contiguous, compact, and appropriate for urban growth and

2974

development within a 10-year planning timeframe. Municipalities

2975

and counties are encouraged to jointly establish the

2976

certification area, and subsequently enter into joint

2977

certification agreement with the department.

2978

(2) In order to be eligible for certification under the

2979

program, the local government must:

2980

(a) Demonstrate a record of effectively adopting,

2981

implementing, and enforcing its comprehensive plan;

2982

(b) Demonstrate technical, financial, and administrative

2983

expertise to implement the provisions of this part without state

2984

oversight;

2985

2986

agencies regarding the appropriateness of the proposed

2987

certification;

2988

(d) Hold at least one public hearing soliciting public

2989

input concerning the local government's proposal for

2990

certification; and

2991

(e) Demonstrate that it has adopted programs in its local

2992

comprehensive plan and land development regulations which:

2993

1. Promote infill development and redevelopment, including

2994

prioritized and timely permitting processes in which applications

2995

for local development permits within the certification area are

2996

acted upon expeditiously for proposed development that is

2997

consistent with the local comprehensive plan.

2998

2. Promote the development of housing for low-income and

2999

very-low-income households or specialized housing to assist

3000

elderly and disabled persons to remain at home or in independent

3001

living arrangements.

3002

3. Achieve effective intergovernmental coordination and

3003

address the extrajurisdictional effects of development within the

3004

certified area.

3005

4. Promote economic diversity and growth while encouraging

3006

the retention of rural character, where rural areas exist, and

3007

the protection and restoration of the environment.

3008

5. Provide and maintain public urban and rural open space

3009

and recreational opportunities.

3010

6. Manage transportation and land uses to support public

3011

transit and promote opportunities for pedestrian and nonmotorized

3012

transportation.

3013

7. Use design principles to foster individual community

3014

identity, create a sense of place, and promote pedestrian-

3015

oriented safe neighborhoods and town centers.

3016

8. Redevelop blighted areas.

3017

9. Adopt a local mitigation strategy and have programs to

3018

improve disaster preparedness and the ability to protect lives

3019

and property, especially in coastal high-hazard areas.

3020

10. Encourage clustered, mixed-use development that

3021

incorporates greenspace and residential development within

3022

walking distance of commercial development.

3023

11. Encourage urban infill at appropriate densities and

3024

intensities and separate urban and rural uses and discourage

3025

urban sprawl while preserving public open space and planning for

3026

buffer-type land uses and rural development consistent with their

3027

respective character along and outside the certification area.

3028

12. Assure protection of key natural areas and agricultural

3029

lands that are identified using state and local inventories of

3030

natural areas. Key natural areas include, but are not limited to:

3031

a. Wildlife corridors.

3032

b. Lands with high native biological diversity, important

3033

areas for threatened and endangered species, species of special

3034

concern, migratory bird habitat, and intact natural communities.

3035

c. Significant surface waters and springs, aquatic

3036

preserves, wetlands, and outstanding Florida waters.

3037

d. Water resources suitable for preservation of natural

3038

systems and for water resource development.

3039

e. Representative and rare native Florida natural systems.

3040

13. Ensure the cost-efficient provision of public

3041

infrastructure and services.

3042

(3) Portions of local governments located within areas of

3043

critical state concern cannot be included in a certification

3044

area.

3045

(4) A local government or group of local governments

3046

seeking certification of all or part of a jurisdiction or

3047

jurisdictions must submit an application to the department which

3048

demonstrates that the area sought to be certified meets the

3049

criteria of subsections (2) and (5). The application shall

3050

include copies of the applicable local government comprehensive

3051

plan, land development regulations, interlocal agreements, and

3052

other relevant information supporting the eligibility criteria

3053

for designation. Upon receipt of a complete application, the

3054

department must provide the local government with an initial

3055

response to the application within 90 days after receipt of the

3056

application.

3057

(5) If the local government meets the eligibility criteria

3058

of subsection (2), the department shall certify all or part of a

3059

local government by written agreement, which shall be considered

3060

final agency action subject to challenge under s. 120.569.

3061

(2) The agreement for the municipalities of Lakeland,

3062

Miramar, and Orlando must include the following components:

3063

(a) The basis for certification.

3064

(b) The boundary of the certification area, which

3065

encompasses areas that are contiguous, compact, appropriate for

3066

urban growth and development, and in which public infrastructure

3067

exists is existing or is planned within a 10-year planning

3068

timeframe. The certification area must is required to include

3069

sufficient land to accommodate projected population growth,

3070

3071

affordability, job growth and employment, appropriate densities

3072

and intensities of use to be achieved in new development and

3073

redevelopment, existing or planned infrastructure, including

3074

transportation and central water and sewer facilities. The

3075

certification area must be adopted as part of the local

3076

government's comprehensive plan.

3077

3078

governing the certified area is updated annually.

3079

3080

(d) A visioning plan or a schedule for the development of a

3081

visioning plan.

3082

(e) A description of baseline conditions related to the

3083

evaluation criteria in paragraph (g) in the certified area.

3084

(f) A work program setting forth specific planning

3085

strategies and projects that will be undertaken to achieve

3086

improvement in the baseline conditions as measured by the

3087

criteria identified in paragraph (g).

3088

(g) Criteria to evaluate the effectiveness of the

3089

certification process in achieving the community-development

3090

goals for the certification area including:

3091

1. Measuring the compactness of growth, expressed as the

3092

ratio between population growth and land consumed;

3093

2. Increasing residential density and intensities of use;

3094

3. Measuring and reducing vehicle miles traveled and

3095

increasing the interconnectedness of the street system,

3096

pedestrian access, and mass transit;

3097

4. Measuring the balance between the location of jobs and

3098

housing;

3099

5. Improving the housing mix within the certification area,

3100

including the provision of mixed-use neighborhoods, affordable

3101

housing, and the creation of an affordable housing program if

3102

such a program is not already in place;

3103

6. Promoting mixed-use developments as an alternative to

3104

single-purpose centers;

3105

7. Promoting clustered development having dedicated open

3106

space;

3107

8. Linking commercial, educational, and recreational uses

3108

3109

9. Reducing per capita water and energy consumption;

3110

10. Prioritizing environmental features to be protected and

3111

adopting measures or programs to protect identified features;

3112

11. Reducing hurricane shelter deficits and evacuation

3113

times and implementing the adopted mitigation strategies; and

3114

12. Improving coordination between the local government and

3115

school board.

3116

(h) A commitment to change any land development regulations

3117

3118

codes that encourage desirable densities and intensities of use

3119

and patterns of compact development identified in the agreement.

3120

(i) A plan for increasing public participation in

3121

comprehensive planning and land use decisionmaking which includes

3122

outreach to neighborhood and civic associations through community

3123

planning initiatives.

3124

(j) A demonstration that the intergovernmental coordination

3125

element of the local government's comprehensive plan includes

3126

joint processes for coordination between the school board and

3127

local government pursuant to s. 163.3177(6)(h)2. and other

3128

requirements of law.

3129

(k) A method of addressing the extrajurisdictional effects

3130

of development within the certified area, which is integrated by

3131

amendment into the intergovernmental coordination element of the

3132

local government comprehensive plan.

3133

(l) A requirement for the annual reporting to the state

3134

land planning agency department of plan amendments adopted during

3135

the year, and the progress of the local government in meeting the

3136

terms and conditions of the certification agreement. Prior to the

3137

deadline for the annual report, the local government must hold a

3138

public hearing soliciting public input on the progress of the

3139

local government in satisfying the terms of the certification

3140

agreement.

3141

(m) An expiration date that is within no later than 10

3142

years after execution of the agreement.

3143

(6) The department may enter up to eight new certification

3144

agreements each fiscal year. The department shall adopt

3145

procedural rules governing the application and review of local

3146

government requests for certification. Such procedural rules may

3147

establish a phased schedule for review of local government

3148

requests for certification.

3149

(3) For the municipality of Freeport, the notice of

3150

certification shall include the following components:

3151

(a) The boundary of the certification area.

3152

(b) A report to the state land planning agency according to

3153

the schedule provided in the written notice. The monitoring

3154

report shall, at a minimum, include the number of amendments to

3155

the comprehensive plan adopted by the local government, the

3156

number of plan amendments challenged by an affected person, and

3157

the disposition of those challenges.

3158

3159

of Freeport shall remain certified for as long as it is

3160

designated as a rural area of critical economic concern.

3161

(4) If the municipality of Freeport does not request that

3162

the state land planning agency review the developments of

3163

regional impact that are proposed within the certified area, an

3164

application for approval of a development order within the

3165

certified area shall be exempt from review under s. 380.06,

3166

subject to the following:

3167

(a) Concurrent with filing an application for development

3168

approval with the local government, a developer proposing a

3169

project that would have been subject to review pursuant to s.

3170

380.06 shall notify in writing the regional planning council with

3171

jurisdiction.

3172

(b) The regional planning council shall coordinate with the

3173

developer and the local government to ensure that all concurrency

3174

requirements as well as federal, state, and local environmental

3175

permit requirements are met.

3176

(5)(7) The state land planning agency department shall

3177

revoke the local government's certification if it determines that

3178

the local government is not substantially complying with the

3179

terms of the agreement.

3180

(6)(8) An affected person, as defined in s. 163.3184(1) by

3181

s. 163.3184(1)(a), may petition for an administrative hearing

3182

alleging that a local government is not substantially complying

3183

with the terms of the agreement, using the procedures and

3184

timeframes for notice and conditions precedent described in s.

3185

3186

annual public hearing required by paragraph (2)(l) (5)(l).

3187

(7)(9)(a) Upon certification all comprehensive plan

3188

amendments associated with the area certified must be adopted and

3189

reviewed in the manner described in ss. 163.3184(1), (2), (7),

3190

(14), (15), and (16) and 163.3187, such that state and regional

3191

agency review is eliminated. The state land planning agency

3192

department may not issue any objections, recommendations, and

3193

comments report on proposed plan amendments or a notice of intent

3194

on adopted plan amendments; however, affected persons, as defined

3195

in s. 163.3184(1) by s. 163.3184(1)(a), may file a petition for

3196

administrative review pursuant to the requirements of s.

3197

163.3187(3)(a) to challenge the compliance of an adopted plan

3198

amendment.

3199

(b) Plan amendments that change the boundaries of the

3200

certification area; propose a rural land stewardship area

3201

pursuant to s. 163.3177(11)(d); propose an optional sector plan

3202

pursuant to s. 163.3245; propose a school facilities element;

3203

update a comprehensive plan based on an evaluation and appraisal

3204

report; impact lands outside the certification boundary;

3205

implement new statutory requirements that require specific

3206

comprehensive plan amendments; or increase hurricane evacuation

3207

times or the need for shelter capacity on lands within the

3208

coastal high-hazard area shall be reviewed pursuant to ss.

3209

163.3184 and 163.3187.

3210

(10) Notwithstanding subsections (2), (4), (5), (6), and

3211

(7), any municipality designated as a rural area of critical

3212

economic concern pursuant to s. 288.0656 which is located within

3213

a county eligible to levy the Small County Surtax under s.

3214

212.055(3) shall be considered certified during the effectiveness

3215

of the designation of rural area of critical economic concern.

3216

The state land planning agency shall provide a written notice of

3217

certification to the local government of the certified area,

3218

which shall be considered final agency action subject to

3219

challenge under s. 120.569. The notice of certification shall

3220

include the following components:

3221

(a) The boundary of the certification area.

3222

(b) A requirement that the local government submit either

3223

an annual or biennial monitoring report to the state land

3224

planning agency according to the schedule provided in the written

3225

notice. The monitoring report shall, at a minimum, include the

3226

number of amendments to the comprehensive plan adopted by the

3227

local government, the number of plan amendments challenged by an

3228

affected person, and the disposition of those challenges.

3229

(11) If the local government of an area described in

3230

subsection (10) does not request that the state land planning

3231

agency review the developments of regional impact that are

3232

proposed within the certified area, an application for approval

3233

of a development order within the certified area shall be exempt

3234

from review under s. 380.06, subject to the following:

3235

(a) Concurrent with filing an application for development

3236

approval with the local government, a developer proposing a

3237

project that would have been subject to review pursuant to s.

3238

380.06 shall notify in writing the regional planning council with

3239

jurisdiction.

3240

(b) The regional planning council shall coordinate with the

3241

developer and the local government to ensure that all concurrency

3242

requirements as well as federal, state, and local environmental

3243

permit requirements are met.

3244

(8)(12) A local government's certification shall be

3245

reviewed by the local government and the state land planning

3246

agency department as part of the evaluation and appraisal process

3247

pursuant to s. 163.3191. Within 1 year after the deadline for the

3248

local government to update its comprehensive plan based on the

3249

evaluation and appraisal report, the state land planning agency

3250

department shall renew or revoke the certification. The local

3251

government's failure to adopt a timely evaluation and appraisal

3252

report, failure to adopt an evaluation and appraisal report found

3253

to be sufficient, or failure to timely adopt amendments based on

3254

an evaluation and appraisal report found to be in compliance by

3255

the state land planning agency department shall be cause for

3256

revoking the certification agreement. The state land planning

3257

agency's department's decision to renew or revoke is shall be

3258

considered agency action subject to challenge under s. 120.569.

3259

(13) The department shall, by July 1 of each odd-numbered

3260

year, submit to the Governor, the President of the Senate, and

3261

the Speaker of the House of Representatives a report listing

3262

certified local governments, evaluating the effectiveness of the

3263

certification, and including any recommendations for legislative

3264

actions.

3265

(14) The Office of Program Policy Analysis and Government

3266

Accountability shall prepare a report evaluating the

3267

certification program, which shall be submitted to the Governor,

3268

the President of the Senate, and the Speaker of the House of

3269

Representatives by December 1, 2007.

3270

Section 12. Section 163.32461, Florida Statutes, is created

3271

to read:

3272

163.32461 Affordable housing growth strategies.--

3273

(1) LEGISLATIVE INTENT.--The Legislature recognizes the

3274

acute need to increase the availability of affordable housing in

3275

the state consistent this section, the state comprehensive plan,

3276

and the State Housing Strategy Act. The Legislature also

3277

recognizes that construction costs increase as the result of

3278

regulatory delays in approving the development of affordable

3279

housing. The Legislature further recognizes that the state's

3280

growth management laws can be amended in a manner that encourages

3281

the development of affordable housing. Therefore, it is the

3282

intent of the Legislature that state review of comprehensive plan

3283

amendments and local government review of development proposals

3284

that provide for affordable housing be streamlined and expedited.

3285

(2) DEFINITIONS.--For purposes of this section, the term:

3286

(a) "Density bonus" means an increase in the number of on-

3287

site, market-rate units that provide an incentive for the

3288

construction of affordable housing.

3289

(b) "Development" has the same meaning as in s. 380.04.

3290

3291

is affordable to individuals or families whose total annual

3292

household income does not exceed 120 percent of the area median

3293

income adjusted for household size or, if located in a county in

3294

which the median purchase price for an existing single-family

3295

home exceeds the statewide median purchase price for such home,

3296

does not exceed 140 percent of the area median income adjusted

3297

for family size. The unit shall be subject to a rental, deed, or

3298

other restriction to ensure that it meets the income limits

3299

provided in this paragraph for at least 30 years.

3300

(3) OPTIONAL EXPEDITED REVIEW IN COUNTIES HAVING A

3301

POPULATION GREATER THAN 75,000.--In counties having a population

3302

greater than 75,000 and municipalities within those counties, a

3303

future land use map amendment for a proposed residential

3304

development or mixed-use development requiring that at least 15

3305

percent of the residential units are long-term affordable housing

3306

units is subject to the alternative state review process in s.

3307

163.32465(3)-(6). Any special area plan policies or map notations

3308

directly related to the map amendment may be adopted at the same

3309

time and in the same manner as the map amendment.

3310

(4) OPTIONAL EXPEDITED REVIEW IN COUNTIES HAVING A

3311

POPULATION urban redevelopment pursuant to s. 163.3164(26), OF

3312

FEWER THAN 75,000.--In a county having a population of fewer than

3313

75,000 persons, a future land use map amendment for a proposed

3314

residential development or mixed-use development is subject to

3315

the alternative state review process in s. 163.32465(3)-(6) if:

3316

(a) The development is located in an area identified as

3317

appropriate for affordable housing in an adopted rural sub-

3318

element that meets the requirements of s. 163.3177(6)(a); and

3319

(b) The amendment requires that at least 15 percent of the

3320

residential units are long-term affordable housing units. Any

3321

special area plan policies or map notations directly related to

3322

the map amendment may be adopted at the same time and in the same

3323

manner as the map amendment. The state land planning agency shall

3324

provide funding, contingent upon a legislative appropriation, to

3325

counties that undertake the process of preparing a rural sub-

3326

element that satisfies the requirements of s. 163.3177(6)(a).

3327

(5) UNIFIED APPLICATION AND EXPEDITED REVIEW.--

3328

(a) Each local government shall by July 1, 2009, establish

3329

a process for the unified and expedited review of an application

3330

for development approval for a residential development or mixed-

3331

use development in which at least 15 percent of the residential

3332

units are long-term affordable housing units. The process shall

3333

combine plan amendment and rezoning approval at the local level

3334

and shall include, at a minimum:

3335

1. A unified application. Each local government shall

3336

provide for a unified application for all comprehensive plan

3337

amendment and rezoning related to a residential development or

3338

mixed-use development in which at least 15 percent of the

3339

residential units are long-term affordable housing units. Local

3340

governments are encouraged to adopt requirements for a

3341

preapplication conference with an applicant to coordinate the

3342

completion and submission of the application. Local governments

3343

are also encouraged to assign the coordination for review of a

3344

unified application to one employee.

3345

2. Procedures for expedited review. Each local government

3346

shall adopt procedures that require an expedited review of a

3347

unified application. At a minimum, these procedures must ensure

3348

that:

3349

a. Within 10 days after receiving a unified application,

3350

the local government provides written notification to an

3351

applicant stating the application is complete or requests in

3352

writing any specific information needed to complete the

3353

application.

3354

b. The local planning agency holds its hearing on a unified

3355

application and the governing body of the local government holds

3356

its first public hearing on whether to transmit the comprehensive

3357

plan amendment portion of a unified application under s.

3358

163.32465(4)(a) within 45 days after the application is

3359

determined to be complete.

3360

c. For plan amendments that have been transmitted to the

3361

state land planning agency under sub-subparagraph b., the

3362

governing body of a local government holds its second public

3363

hearing on whether to adopt the comprehensive plan amendment

3364

simultaneously with a hearing on any necessary rezoning ordinance

3365

within 30 days after the expiration of the 30-day period allowed

3366

for receipt of agency comments under s. 163.32465(4)(b).

3367

(b) This subsection does not apply to development within a

3368

rural land-stewardship area, within optional sector plan, within

3369

coastal high-hazard area, within an area of critical state

3370

concern, or on lands identified as environmentally sensitive in

3371

the local comprehensive plan.

3372

(6) EXPEDITED SUBDIVISIONS, SITE PLANS, AND BUILDING

3373

PERMITS.--Each local government shall adopt procedures to ensure

3374

that applications for subdivision, site plan approval, and

3375

building permits for a development in which 15 percent of the

3376

units are long-term affordable housing units are approved,

3377

approved with conditions, or denied within a specified number of

3378

days that is 50 percent of the average number of days the local

3379

government normally takes to process such application.

3380

(7) REQUIRED DENSITY BONUSES FOR DONATED LAND.--Each local

3381

government shall amend its comprehensive plan by July 1, 2009, to

3382

provide a 15-percent density bonus if the land is donated for the

3383

development of affordable housing. The comprehensive plan shall

3384

establish a minimum number of acres that must be donated in order

3385

to receive the bonus.

3386

(a) The density bonus:

3387

1. Must be a 15 percent increase above the allowable number

3388

of residential units and shall apply to land identified by the

3389

developer and approved by the local government;

3390

2. May be used only on land within an area designated as an

3391

urban service area in the local comprehensive plan; and

3392

3. May not be used on land within a coastal high-hazard

3393

area or an area of critical state concern or on lands identified

3394

as environmentally sensitive in the local comprehensive plan.

3395

(b) The land donated for affordable housing does not have

3396

to be collocated with the land receiving the density bonus, but

3397

both parcels must be located within the local government's

3398

jurisdiction for the density bonus to apply. The donated land

3399

must be suitable for development as housing and must be conveyed

3400

to the local government in fee simple. The local government may

3401

transfer all or a portion of the donated land to a nonprofit

3402

organization, such as a community land trust, housing authority,

3403

or community redevelopment agency to be used for the development

3404

and preservation of permanently affordable housing in a project

3405

in which at least 30 percent of the residential units are

3406

affordable.

3407

(8) REQUIRED DENSITY BONUSES.--Each local government shall

3408

amend its comprehensive plan by July 1, 2009, to provide a 15-

3409

percent density bonus above the allowable number of residential

3410

units for a residential development or a mixed-use development

3411

that is located within 2 miles of an existing employment center

3412

or an employment center that has received site plan approval. At

3413

least 15 percent of any residential units allowed under the

3414

density bonus must be long-term affordable housing units.

3415

(a) The density bonus:

3416

1. May be used only on land within an area designated as an

3417

urban service area in the local comprehensive plan; and

3418

2. May not be used on land within a coastal high-hazard area

3419

or an area of critical state concern or on lands identified as

3420

environmentally sensitive in the local comprehensive plan.

3421

(b) For purposes of this subsection, the term "employment

3422

center" means a place of employment, or multiple places of

3423

employment that are contiguously located, which employ 100 or

3424

more full-time employees and is located within an urban service

3425

area, approved sector plan, or area designated as a rural area of

3426

critical economic concern under s. 288.0656.

3427

(9) CALCULATION OF AFFORDABLE UNITS.--When calculating the

3428

number of long-term affordable housing units under this section,

3429

a fraction of 0.5 or more shall be rounded up to the next whole

3430

number and a fraction of less than 0.5 shall be rounded down to

3431

the next lower whole number.

3432

(10) PENALTY.-- As a precondition to receiving any state

3433

affordable housing funding or allocation for any project or

3434

program within the local government's jurisdiction, a local

3435

government must, by July 1 of each year, provide certification

3436

that the local government is in compliance with this section.

3437

Section 13. Paragraphs (a) and (b) of subsection (1),

3438

subsections (2) and (3), paragraph (b) of subsection (4),

3439

paragraph (a) of subsection (5), paragraph (g) of subsection (6),

3440

and subsection (8) of section 163.32465, Florida Statutes, are

3441

amended to read:

3442

163.32465 State review of local comprehensive plans in

3443

urban areas.--

3444

(1) LEGISLATIVE FINDINGS.--

3445

(a) The Legislature finds that local governments in this

3446

state have a wide diversity of resources, conditions, abilities,

3447

and needs. The Legislature also finds that the needs and

3448

resources of urban areas are different from those of rural areas

3449

and that different planning and growth management approaches,

3450

strategies, and techniques are required in urban areas. The state

3451

role in overseeing growth management should reflect this

3452

diversity and should vary based on local government conditions,

3453

3454

Therefore Thus, the Legislature recognizes and finds that reduced

3455

state oversight of local comprehensive planning is justified for

3456

some local governments in urban areas and for certain types of

3457

development.

3458

(b) The Legislature finds and declares that this state's

3459

urban areas require a reduced level of state oversight because of

3460

their high degree of urbanization and the planning capabilities

3461

and resources of many of their local governments. An alternative

3462

state review process that is adequate to protect issues of

3463

regional or statewide importance should be created for

3464

appropriate local governments in these areas and for certain

3465

types of development. Further, the Legislature finds that

3466

development, including urban infill and redevelopment, should be

3467

encouraged in these urban areas. The Legislature finds that an

3468

alternative process for amending local comprehensive plans in

3469

3470

streamlining the process and recognizing local responsibility and

3471

accountability.

3472

(2) ALTERNATIVE STATE REVIEW PROCESS PILOT

3473

PROGRAM.--Pinellas and Broward Counties, and the municipalities

3474

3475

Hialeah shall follow the an alternative state review process

3476

provided in this section. Municipalities within the pilot

3477

counties may elect, by super majority vote of the governing body,

3478

not to participate in the pilot program. The alternative state

3479

review process shall also apply to:

3480

(a) Future land use map amendments and associated special

3481

area policies within areas designated in a comprehensive plan for

3482

downtown revitalization pursuant to s. 163.3164(25), urban

3483

redevelopment pursuant to s. 163.3164(26), urban infill

3484

development pursuant to s. 163.3164(27), urban infill and

3485

redevelopment pursuant to s. 163.2517, or an urban service area

3486

pursuant to s. 163.3180(5)(b)5;

3487

(b) Affordable housing amendments that qualify under s.

3488

163.32461; and

3489

3490

designated by the Governor as a rural area of critical economic

3491

concern under s. 288.0656(7) for the duration of such

3492

designation. Before the adoption of such an amendment, the local

3493

government must obtain written certification from the Office of

3494

Tourism, Trade, and Economic Development that the plan amendment

3495

furthers the economic objectives set forth in the executive order

3496

issued under s. 288.0656(7).

3497

(3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS

3498

UNDER THE PILOT PROGRAM.--

3499

(a) Plan amendments adopted by the pilot program

3500

jurisdictions shall follow the alternate, expedited process in

3501

subsections (4) and (5), except as set forth in paragraphs (b)-

3502

(f) (b)-(e) of this subsection.

3503

(b) Amendments that qualify as small-scale development

3504

amendments may continue to be adopted by the pilot program

3505

jurisdictions pursuant to s. 163.3187(1)(d) 163.3187(1)(c) and

3506

(3).

3507

3508

area pursuant to s. 163.3177(11)(d); propose an optional sector

3509

plan; update a comprehensive plan based on an evaluation and

3510

3511

previously incorporated into a comprehensive plan; or new plans

3512

for newly incorporated municipalities are subject to state review

3513

as set forth in s. 163.3184.

3514

(d) Pilot program jurisdictions are shall be subject to the

3515

frequency, voting, and timing requirements for plan amendments

3516

set forth in ss. 163.3187 and 163.3191, except as where otherwise

3517

stated in this section.

3518

(e) The mediation and expedited hearing provisions in s.

3519

163.3189(3) apply to all plan amendments adopted by the pilot

3520

program jurisdictions.

3521

(f) All amendments adopted under this section must comply

3522

with ss. 163.3184(3)(a) and 163.3184(15)(b)2.

3523

(4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR

3524

PILOT PROGRAM.--

3525

(b) The agencies and local governments specified in

3526

paragraph (a) may provide comments regarding the amendment or

3527

amendments to the local government. The regional planning council

3528

review and comment shall be limited to effects on regional

3529

resources or facilities identified in the strategic regional

3530

policy plan and extrajurisdictional impacts that would be

3531

3532

government. A regional planning council may shall not review and

3533

comment on a proposed comprehensive plan amendment prepared by

3534

such council unless the plan amendment has been changed by the

3535

local government subsequent to the preparation of the plan

3536

3537

municipal comprehensive plan amendments shall be primarily in the

3538

context of the relationship and effect of the proposed plan

3539

amendments on the county plan. Municipal comments on county plan

3540

amendments shall be primarily in the context of the relationship

3541

3542

comments may include technical guidance on issues of agency

3543

jurisdiction as it relates to the requirements of this part. Such

3544

comments must shall clearly identify issues that, if not

3545

resolved, may result in an agency challenge to the plan

3546

amendment. For the purposes of this pilot program, agencies are

3547

encouraged to focus potential challenges on issues of regional or

3548

statewide importance. Agencies and local governments must

3549

transmit their comments to the affected local government, if

3550

issued, within 30 days after such that they are received by the

3551

local government not later than thirty days from the date on

3552

which the state land planning agency notifies the affected local

3553

government that the plan amendment package is complete agency or

3554

government received the amendment or amendments. Any comments

3555

from the agencies and local governments must also be transmitted

3556

to the state land planning agency.

3557

(5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT

3558

AREAS.--

3559

(a) The local government shall hold its second public

3560

hearing, which shall be a hearing on whether to adopt one or more

3561

comprehensive plan amendments, on a weekday at least 5 days after

3562

the day the second advertisement is published pursuant to the

3563

requirements of chapter 125 or chapter 166. Adoption of

3564

comprehensive plan amendments must be by ordinance and requires

3565

an affirmative vote of a majority of the members of the governing

3566

body present at the second hearing. The hearing must be conducted

3567

and the amendment adopted within 120 days after receipt of the

3568

agency comments pursuant to s. 163.3246(4)(b). If a local

3569

government fails to adopt the plan amendment within the timeframe

3570

set forth in this subsection, the plan amendment is deemed

3571

abandoned and the plan amendment may not be considered until the

3572

next available amendment cycle pursuant to s. 163.3187.

3573

(6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT

3574

PROGRAM.--

3575

(g) An amendment adopted under the expedited provisions of

3576

this section shall not become effective until completion of the

3577

time period available to the state land planning agency for

3578

administrative challenge under s. 163.32465(6)(a) 31 days after

3579

adoption. If timely challenged, an amendment shall not become

3580

effective until the state land planning agency or the

3581

Administration Commission enters a final order determining that

3582

the adopted amendment is to be in compliance.

3583

(7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL

3584

GOVERNMENTS.--Local governments and specific areas that are have

3585

been designated for alternate review process pursuant to ss.

3586

163.3246 and 163.3184(17) and (18) are not subject to this

3587

section.

3588

(8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.--The state land

3589

planning agency may adopt procedural Agencies shall not

3590

promulgate rules to administer implement this section pilot

3591

program.

3592

Section 14. Section 166.0451, Florida Statutes, is

3593

renumbered as section 163.32432, Florida Statutes, and amended to

3594

read:

3595

163.32432 166.0451 Disposition of municipal property for

3596

affordable housing.--

3597

(1) By July 1, 2007, and every 3 years thereafter, each

3598

municipality shall prepare an inventory list of all real property

3599

within its jurisdiction to which the municipality holds fee

3600

simple title that is appropriate for use as affordable housing.

3601

The inventory list must include the address and legal description

3602

of each such property and specify whether the property is vacant

3603

or improved. The governing body of the municipality must review

3604

the inventory list at a public hearing and may revise it at the

3605

conclusion of the public hearing. Following the public hearing,

3606

the governing body of the municipality shall adopt a resolution

3607

that includes an inventory list of such property.

3608

(2) The properties identified as appropriate for use as

3609

affordable housing on the inventory list adopted by the

3610

3611

to purchase land for the development of affordable housing or to

3612

increase the local government fund earmarked for affordable

3613

housing, or may be sold with a restriction that requires the

3614

development of the property as permanent affordable housing, or

3615

may be donated to a nonprofit housing organization for the

3616

construction of permanent affordable housing. Alternatively, the

3617

municipality may otherwise make the property available for use

3618

for the production and preservation of permanent affordable

3619

3620

the same meaning as in s. 420.0004(3).

3621

(3) As a precondition to receiving any state affordable

3622

housing funding or allocation for any project or program within

3623

the municipality's jurisdiction, a municipality must, by July 1

3624

of each year, provide certification that the inventory and any

3625

update required by this section is complete.

3626

Section 15. Paragraph (c) of subsection (6) of section

3627

253.034, Florida Statutes, is amended, and paragraph (d) is added

3628

to subsection (8) of that section, to read:

3629

253.034 State-owned lands; uses.--

3630

(6) The Board of Trustees of the Internal Improvement Trust

3631

Fund shall determine which lands, the title to which is vested in

3632

3633

shall make a determination that the lands are no longer needed

3634

for conservation purposes and may dispose of them by an

3635

affirmative vote of at least three members. In the case of a land

3636

exchange involving the disposition of conservation lands, the

3637

board must determine by an affirmative vote of at least three

3638

members that the exchange will result in a net positive

3639

3640

determination that the lands are no longer needed and may dispose

3641

of them by an affirmative vote of at least three members.

3642

3643

management plan or land use plan and in a form and manner

3644

3645

indicate to the board those lands that are not being used for the

3646

purpose for which they were originally leased. For conservation

3647

lands, the council shall review and shall recommend to the board

3648

whether such lands should be retained in public ownership or

3649

disposed of by the board. For nonconservation lands, the division

3650

shall review such lands and shall recommend to the board whether

3651

such lands should be retained in public ownership or disposed of

3652

by the board.

3653

3654

(8)

3655

(d) Beginning December 1, 2008, the Division of State Lands

3656

shall annually submit to the President of the Senate and Speaker

3657

of the House of Representatives a copy of the state inventory

3658

that identifies all nonconservation lands, including lands that

3659

meet the surplus requirements of subsection (6) and lands

3660

purchased by the state, a state agency, or a water management

3661

district which are not essential or necessary for conservation

3662

purposes. The division shall also publish a copy of the annual

3663

inventory on its website and notify by electronic mail the

3664

executive head of the governing body of each local government

3665

that has lands in the inventory within its jurisdiction.

3666

Section 16. Subsection (5) and paragraph (d) of subsection

3667

(12) of section 288.975, Florida Statutes, are amended to read:

3668

288.975 Military base reuse plans.--

3669

(5) At the discretion of the host local government, the

3670

provisions of this act may be complied with through the adoption

3671

of the military base reuse plan as a separate component of the

3672

local government comprehensive plan or through simultaneous

3673

amendments to all pertinent portions of the local government

3674

3675

this section, the military base reuse plan shall be considered to

3676

be part of the host local government's comprehensive plan and

3677

shall be thereafter implemented, amended, and reviewed in

3678

accordance with the provisions of part II of chapter 163. Local

3679

government comprehensive plan amendments necessary to initially

3680

adopt the military base reuse plan shall be exempt from the

3681

limitation on the frequency of plan amendments contained in s.

3682

163.3187(2).

3683

(12) Following receipt of a petition, the petitioning party

3684

or parties and the host local government shall seek resolution of

3685

the issues in dispute. The issues in dispute shall be resolved as

3686

follows:

3687

(d) Within 45 days after receiving the report from the

3688

state land planning agency, the Administration Commission shall

3689

take action to resolve the issues in dispute. In deciding upon a

3690

proper resolution, the Administration Commission shall consider

3691

the nature of the issues in dispute, any requests for a formal

3692

administrative hearing pursuant to chapter 120, the compliance of

3693

the parties with this section, the extent of the conflict between

3694

the parties, the comparative hardships and the public interest

3695

involved. If the Administration Commission incorporates in its

3696

final order a term or condition that requires any local

3697

government to amend its local government comprehensive plan, the

3698

local government shall amend its plan within 60 days after the

3699

3700

exempt from the limitation of the frequency of plan amendments

3701

contained in s. 163.3187(2), and A public hearing on such

3702

amendment or amendments pursuant to s. 163.3184(15)(b)1. is shall

3703

not be required. The final order of the Administration Commission

3704

is subject to appeal pursuant to s. 120.68. If the order of the

3705

Administration Commission is appealed, the time for the local

3706

government to amend its plan is shall be tolled during the

3707

pendency of any local, state, or federal administrative or

3708

judicial proceeding relating to the military base reuse plan.

3709

3710

Section 17. Paragraph (e) of subsection (15), paragraph (c)

3711

of subsection (19), and paragraph (l) of subsection (24) of

3712

section 380.06, Florida Statutes, is amended, and a new paragraph

3713

(v) is added to subsection (24) to read:

3714

380.06 Developments of regional impact.--

3715

(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--

3716

(e)1. A local government shall not include, as a

3717

development order condition for a development of regional impact,

3718

any requirement that a developer contribute or pay for land

3719

acquisition or construction or expansion of public facilities or

3720

portions thereof unless the local government has enacted a local

3721

ordinance which requires other development not subject to this

3722

section to contribute its proportionate share of the funds, land,

3723

or public facilities necessary to accommodate any impacts having

3724

a rational nexus to the proposed development, and the need to

3725

construct new facilities or add to the present system of public

3726

facilities must be reasonably attributable to the proposed

3727

development.

3728

2. A local government shall not approve a development of

3729

regional impact that does not make adequate provision for the

3730

public facilities needed to accommodate the impacts of the

3731

proposed development unless the local government includes in the

3732

3733

these facilities consistently with the development schedule

3734

approved in the development order; however, a local government's

3735

failure to meet the requirements of subparagraph 1. and this

3736

subparagraph shall not preclude the issuance of a development

3737

3738

public facilities needed to accommodate the impacts of the

3739

proposed development. Any funds or lands contributed by a

3740

developer must be expressly designated and used to accommodate

3741

impacts reasonably attributable to the proposed development. If a

3742

developer has contributed funds, lands, or other mitigation

3743

required by a development order to address the transportation

3744

impacts of a particular phase or stage of development, all

3745

transportation impacts attributable to that phase or stage of

3746

development shall be deemed fully mitigated in any subsequent

3747

monitoring or transportation analysis for any phase or state of

3748

development.

3749

3. The Department of Community Affairs and other state and

3750

regional agencies involved in the administration and

3751

implementation of this act shall cooperate and work with units of

3752

local government in preparing and adopting local impact fee and

3753

other contribution ordinances.

3754

(19) SUBSTANTIAL DEVIATIONS.--

3755

3756

or any phase thereof, by more than 7 years is presumed to create

3757

a substantial deviation subject to further development-of-

3758

regional-impact review. An extension of the date of buildout, or

3759

any phase thereof, of more than 5 years but not more than 7 years

3760

is presumed not to create a substantial deviation. The extension

3761

of the date of buildout of an areawide development of regional

3762

impact by more than 5 years but less than 10 years is presumed

3763

not to create a substantial deviation. These presumptions may be

3764

rebutted by clear and convincing evidence at the public hearing

3765

held by the local government. An extension of 5 years or less is

3766

3767

a buildout or phase date has been exceeded, the time shall be

3768

tolled during the pendency of administrative or judicial

3769

proceedings relating to development permits. Any extension of the

3770

buildout date of a project or a phase thereof shall automatically

3771

extend the commencement date of the project, the termination date

3772

3773

of regional impact, and the phases thereof if applicable by a

3774

like period of time. In recognition of the current and 2008 2007

3775

real estate market conditions, all development order, phase,

3776

buildout, commencement, and expiration dates, and all related

3777

local government approvals, for projects that are developments of

3778

regional impact or Florida Quality Developments and under active

3779

construction on July 1, 2007, or for which a development order

3780

was adopted after January 1, 2006, regardless of whether active

3781

construction has commenced are extended for 3 years regardless of

3782

any prior extension. The 3-year extension is not a substantial

3783

deviation, is not subject to further development-of-regional-

3784

impact review, and may not be considered when determining whether

3785

a subsequent extension is a substantial deviation under this

3786

subsection. This extension shall also apply to all local

3787

government approvals including agreements, certificates, and

3788

permits related to the project.

3789

(24) STATUTORY EXEMPTIONS.--

3790

(l) Any proposed development within an urban service

3791

boundary established as part of a local comprehensive plan under

3792

s. 163.3187 s. 163.3177(14) is exempt from the provisions of this

3793

section if the local government having jurisdiction over the area

3794

where the development is proposed has adopted the urban service

3795

boundary, has entered into a binding agreement with jurisdictions

3796

that would be impacted and with the Department of Transportation

3797

regarding the mitigation of impacts on state and regional

3798

transportation facilities, and has adopted a proportionate share

3799

methodology pursuant to s. 163.3180(16).

3800

(v) Any proposed development of up to an additional 150

3801

percent of the office development threshold located within 5

3802

miles of a state-sponsored biotechnical research facility is

3803

exempt from this section.

3804

3805

If a use is exempt from review as a development of regional

3806

impact under paragraphs (a)-(t) and (v), but will be part of a

3807

larger project that is subject to review as a development of

3808

regional impact, the impact of the exempt use must be included in

3809

the review of the larger project.

3810

Section 18. Paragraph (h) of subsection (3) of section

3811

380.0651, Florida Statutes, is amended to read:

3812

380.0651 Statewide guidelines and standards.--

3813

(3) The following statewide guidelines and standards shall

3814

be applied in the manner described in s. 380.06(2) to determine

3815

whether the following developments shall be required to undergo

3816

development-of-regional-impact review:

3817

(h) Multiuse development.--Any proposed development with

3818

two or more land uses where the sum of the percentages of the

3819

appropriate thresholds identified in chapter 28-24, Florida

3820

Administrative Code, or this section for each land use in the

3821

development is equal to or greater than 145 percent. Any proposed

3822

development with three or more land uses, one of which is

3823

residential and contains at least 100 dwelling units or 15

3824

percent of the applicable residential threshold, whichever is

3825

greater, where the sum of the percentages of the appropriate

3826

thresholds identified in chapter 28-24, Florida Administrative

3827

Code, or this section for each land use in the development is

3828

equal to or greater than 160 percent. This threshold is in

3829

addition to, and does not preclude, a development from being

3830

required to undergo development-of-regional-impact review under

3831

any other threshold. This threshold does not apply to

3832

developments within 5 miles of a state-sponsored biotechnical

3833

facility.

3834

Section 19. Paragraph (c) of subsection (18) of section

3835

1002.33, Florida Statutes, is amended to read:

3836

1002.33 Charter schools.--

3837

(18) FACILITIES.--

3838

3839

charter school whose charter has been approved by the sponsor and

3840

the governing board, pursuant to subsection (7), is shall be

3841

exempt from ad valorem taxes pursuant to s. 196.1983. Library,

3842

community service, museum, performing arts, theatre, cinema,

3843

church, community college, college, and university facilities may

3844

provide space to charter schools within their facilities if such

3845

use is consistent with the local comprehensive plan under their

3846

preexisting zoning and land use designations.

3847

Section 20. Section 1011.775, Florida Statutes, is created

3848

to read:

3849

1011.775 Disposition of district school board property for

3850

affordable housing.--

3851

(1) On or before July 1, 2009, and every 3 years

3852

thereafter, each district school board shall prepare an inventory

3853

list of all real property within its jurisdiction to which the

3854

district holds fee simple title and which is not included in the

3855

5-year district facilities work plan. The inventory list must

3856

include the address and legal description of each such property

3857

and specify whether the property is vacant or improved. The

3858

district school board must review the inventory list at a public

3859

meeting and determine if any property is surplus property and

3860

appropriate for affordable housing. For real property that is not

3861

included in the 5-year district facilities work plan and that is

3862

not determined appropriate to be surplus property for affordable

3863

housing, the board shall state in the inventory list the public

3864

purpose for which the board intends to use the property. The

3865

board may revise the list at the conclusion of the public

3866

meeting. Following the public meeting, the district school board

3867

shall adopt a resolution that includes the inventory list.

3868

(2) Notwithstanding ss. 1013.28 and 1002.33(18)(e), the

3869

properties identified as appropriate for use as affordable

3870

housing on the inventory list adopted by the district school

3871

board may be offered for sale and the proceeds may be used to

3872

purchase land for the development of affordable housing or to

3873

increase the local government fund earmarked for affordable

3874

housing, sold with a restriction that requires the development of

3875

the property as permanent affordable housing, or donated to a

3876

nonprofit housing organization for the construction of permanent

3877

affordable housing. Alternatively, the district school board may

3878

otherwise make the property available for the production and

3879

preservation of permanent affordable housing. For purposes of

3880

this section, the term "affordable" has the same meaning as in s.

3881

420.0004.

3882

Section 21. Sections 339.282 and 421.615, Florida Statutes,

3883

are repealed.

3884

Section 22. Subsections (13) and (15) of section 1013.33,

3885

Florida Statutes, are amended to read:

3886

1013.33 Coordination of planning with local governing

3887

bodies.--

3888

(13) A local governing body may not deny the site applicant

3889

based on adequacy of the site plan as it relates solely to the

3890

needs of the school. If the site is consistent with the

3891

comprehensive plan's land use policies and categories in which

3892

public schools are identified as allowable uses, the local

3893

government may not deny the application but it may impose

3894

reasonable development standards and conditions in accordance

3895

with s. 1013.51(1) and consider the site plan and its adequacy as

3896

it relates to environmental concerns, health, safety and welfare,

3897

and effects on adjacent property. Standards and conditions may

3898

not be imposed which exceed or conflict with those established in

3899

this chapter, any state requirements for educational facilities,

3900

or the Florida Building Code, unless mutually agreed and

3901

consistent with the interlocal agreement required by subsections

3902

(2)-(8) and consistent with maintaining a balanced, financially

3903

feasible school district facilities work plan.

3904

(15) Existing schools shall be considered consistent with

3905

the applicable local government comprehensive plan adopted under

3906

part II of chapter 163. If a board submits an application to

3907

expand an existing school site, the local governing body may

3908

impose reasonable development standards and conditions on the

3909

expansion only, and in a manner consistent with s. 1013.51(1) and

3910

any state requirements for educational facilities. Standards and

3911

conditions may not be imposed which exceed or conflict with those

3912

established in this chapter or the Florida Building Code, unless

3913

mutually agreed upon. Such agreement must be made with the

3914

consideration of maintaining the financial feasibility of the

3915

school district facilities work plan. Local government review or

3916

approval is not required for:

3917

(a) The placement of temporary or portable classroom

3918

facilities; or

3919

(b) Proposed renovation or construction on existing school

3920

sites, with the exception of construction that changes the

3921

primary use of a facility, includes stadiums, or results in a

3922

greater than 5 percent increase in student capacity, or as

3923

mutually agreed upon, pursuant to an interlocal agreement adopted

3924

in accordance with subsections (2)-(8).

3925

Section 23. Subsection (4) is added to section 1013.372,

3926

Florida Statutes, to read:

3927

1013.372 Education facilities as emergency shelters.--

3928

(4) Any charter school satisfying the requirements of s.

3929

163.3180(13)(e)2. shall serve as a public shelter for emergency

3930

management purposes at the request of the local emergency

3931

management agency. This subsection does not apply to a charter

3932

school located in an identified category 1, 2, or 3 evacuation

3933

zone or if the regional planning council region in which the

3934

charter school is located does not have a hurricane shelter

3935

deficit as determined by the Department of Community Affairs.

3936

Section 24. Paragraph (b) of subsection (2) of section

3937

163.3217, Florida Statutes, is amended to read:

3938

163.3217 Municipal overlay for municipal incorporation.--

3939

(2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL

3940

OVERLAY.--

3941

(b)1. A municipal overlay shall be adopted as an amendment

3942

to the local government comprehensive plan as prescribed by s.

3943

163.3184.

3944

2. A county may consider the adoption of a municipal

3945

overlay without regard to the provisions of s. 163.3187(1)

3946

regarding the frequency of adoption of amendments to the local

3947

comprehensive plan.

3948

Section 25. Subsection (4) of section 163.3182, Florida

3949

Statutes, is amended to read:

3950

163.3182 Transportation concurrency backlogs.--

3951

(4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.--

3952

(a) Each transportation concurrency backlog authority shall

3953

adopt a transportation concurrency backlog plan as a part of the

3954

local government comprehensive plan within 6 months after the

3955

creation of the authority. The plan shall:

3956

1. Identify all transportation facilities that have been

3957

designated as deficient and require the expenditure of moneys to

3958

upgrade, modify, or mitigate the deficiency.

3959

2. Include a priority listing of all transportation

3960

facilities that have been designated as deficient and do not

3961

satisfy concurrency requirements pursuant to s. 163.3180, and the

3962

applicable local government comprehensive plan.

3963

3. Establish a schedule for financing and construction of

3964

transportation concurrency backlog projects that will eliminate

3965

transportation concurrency backlogs within the jurisdiction of

3966

the authority within 10 years after the transportation

3967

concurrency backlog plan adoption. The schedule shall be adopted

3968

as part of the local government comprehensive plan.

3969

(b) The adoption of the transportation concurrency backlog

3970

plan shall be exempt from the provisions of s. 163.3187(1).

3971

Section 26. Subsection (11) of section 171.203, Florida

3972

Statutes, is amended to read:

3973

171.203 Interlocal service boundary agreement.--The

3974

governing body of a county and one or more municipalities or

3975

independent special districts within the county may enter into an

3976

interlocal service boundary agreement under this part. The

3977

governing bodies of a county, a municipality, or an independent

3978

special district may develop a process for reaching an interlocal

3979

service boundary agreement which provides for public

3980

3981

of subsection (13), or the governing bodies may use the process

3982

established in this section.

3983

(11)(a) A municipality that is a party to an interlocal

3984

service boundary agreement that identifies an unincorporated area

3985

3986

municipal service area as an amendment to its comprehensive plan

3987

to address future possible municipal annexation. The state land

3988

planning agency shall review the amendment for compliance with

3989

part II of chapter 163. The proposed plan amendment must contain:

3990

1. A boundary map of the municipal service area.

3991

2. Population projections for the area.

3992

3. Data and analysis supporting the provision of public

3993

facilities for the area.

3994

(b) This part does not authorize the state land planning

3995

agency to review, evaluate, determine, approve, or disapprove a

3996

municipal ordinance relating to municipal annexation or

3997

contraction.

3998

3999

the twice-per-year limitation under s. 163.3187.

4000

Section 27. This act shall take effect July 1, 2008.