Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 474
884758
CA.CA.05749
Proposed Committee Substitute by the Committee on Community
Affairs
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A bill to be entitled
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An act relating to growth management; renumbering and
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amending s. 125.379, F.S.; requiring counties to certify
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that they have prepared a list of county-owned property
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appropriate for affordable housing before obtaining
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certain funding; amending s. 163.3174, F.S.; prohibiting
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the members of the local governing body from serving on
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the local planning agency; amending s. 163.3177, F.S.;
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including a provision encouraging rural counties to adopt
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a rural sub-element as part of their future land use plan;
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requiring local governments near certain environmentally
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sensitive areas relating to the Everglades ecosystem to
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amend their comprehensive plans by a certain date;
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requiring certain counties to certify that they have
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adopted a plan for ensuring affordable workforce housing
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before obtaining certain funding; requiring the housing
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element of the comprehensive plan to include a provision
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addressing senior affordable housing; authorizing the
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state land planning agency to amend administrative rules
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relating to planning criteria to allow for varying local
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conditions; deleting provisions encouraging local
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governments to develop a community vision and to designate
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an urban service boundary; amending s. 163.31771, F.S.;
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requiring a local government to amend its comprehensive
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plan to allow accessory dwelling units in an area zoned
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for single-family residential use; prohibiting such units
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from being treated as new units if there is a land use
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restriction agreement that restricts use to affordable
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housing; prohibiting accessory dwelling units from being
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located on certain land; amending s. 163.3178, F.S.;
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revising provisions relating to coastal management and
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coastal high-hazard areas; providing factors for
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demonstrating the compliance of a comprehensive plan
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amendment with rule provisions relating to coastal areas;
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amending s. 163.3180, F.S.; revising concurrency
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requirements; specifying municipal projects that are
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eligible for transportation concurrency exception areas;
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revising provisions relating to the Strategic Intermodal
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System; deleting a requirement for local governments to
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annually submit a summary of de minimus records;
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authorizing a methodology based on vehicle and miles
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traveled for calculating proportionate fair-share
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methodology; providing transportation concurrency
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incentives for private developers; deleting an exemption
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from transportation concurrency provided to certain
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workforce housing; providing for recommendations for the
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establishment of a uniform mobility fee methodology to
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replace the current transportation concurrency management
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system; amending s. 163.3181, F.S.; requiring an applicant
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for a future land use map amendment to hold community or
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neighborhood meetings before filing the application for
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and the hearing on the amendment; amending s. 163.3184,
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F.S.; revising the timeframe for a local government to
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adopt comprehensive plan amendments; providing that if the
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amendment is not adopted it may not be considered again
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until the next amendment cycle; requiring a material
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change to the comprehensive plan or amendment to be filed
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and made available to the public within a certain
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timeframe; providing for submission of electronic
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addresses; deleting provision relating to community vision
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and urban boundary amendments to conform to changes made
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by the act; amending s. 163.3187, F.S.; revising the
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governing body voting requirements for passage of certain
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comprehensive plan amendments; revising how often certain
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plan amendments may be proposed; revising when small scale
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development amendments become effective; amending s.
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163.3245, F.S.; revising provisions relating to optional
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sector plans; authorizing all local government to adopt
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optional sector plans into their comprehensive plan;
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increasing the size of the area to which sector plans
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apply; deleting certain restrictions on a local government
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upon entering into sector plans; deleting an annual
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monitoring report submitted by a host local government
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that has adopted a sector plan and a status report
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submitted by the department on optional sector plans;
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amending s. 163.3246, F.S.; discontinuing the Local
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Government Comprehensive Planning Certification Program
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except for currently certified local governments; creating
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s. 163.32461, F.S.; providing expedited affordable housing
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growth strategies; providing legislative intent; providing
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definitions; providing an optional expedited review for
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future land use map amendments; providing procedures for
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such review; providing for the expedited review of
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subdivision, site plans, and building permits; providing
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for density bonuses for certain land use; amending s.
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163.32465, F.S.; revising provisions relating to the state
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review of comprehensive plans; providing additional types
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of amendments to which the alternative state review
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applies; renumbering and amending s. 166.0451, F.S.;
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requiring municipalities to certify that they have
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prepared a list of county-owned property appropriate for
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affordable housing before obtaining certain funding;
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amending s. 1002.33, F.S.; restricting facilities from
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providing space to charter schools unless such use is
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consistent with the local comprehensive plan; amending ss.
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163.32465, 288.975, and 380.06, F.S.; conforming cross-
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references; repealing s. 339.282, F.S., relating to
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transportation concurrency incentives; repealing s.
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420.615, F.S., relating to affordable housing land
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donation density bonus incentives; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 125.379, Florida Statutes, is renumbered
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as section 163.32431, Florida Statutes, 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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county shall adopt a resolution that includes an inventory list
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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 2. 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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unless the agency is otherwise established by law.
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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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appointed by the school board as a nonvoting member of the local
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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 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
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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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representative of all the governing bodies in the county or
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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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therein shall be as stipulated in the charter.
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Section 3. Paragraphs (a), (d), and (f) of subsection (6),
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paragraph (i) of subsection (10), and subsections (13) and (14)
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of section 163.3177, Florida Statutes, are amended to read:
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163.3177 Required and optional elements of comprehensive
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plan; studies and surveys.--
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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
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buildings and grounds, other public facilities, and other
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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
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in the control and distribution of population densities and
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building and structure intensities. The proposed distribution,
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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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supplemented by goals, policies, and measurable objectives.
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2. The future land use plan shall be based upon surveys,
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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
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to military installations; the discouragement of urban sprawl;
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energy efficient land use patterns; and, in rural communities,
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the need for job creation, capital investment, and economic
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development that will strengthen and diversify the community's
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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
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for which special regulations may be necessary to ensure
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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
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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
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housing. The rural sub-element shall also generally identify
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areas that may be considered for rural land stewardship areas,
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sector planning, or new communities or towns in accordance with
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ss. 163.3177(11) and 163.3245(2). In addition, For rural
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communities, the amount of land designated for future planned
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industrial use shall be based upon surveys and studies that
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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
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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.
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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
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in coordination with public school boards and may establish
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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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school sites, to the maximum extent possible, within the land use
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categories in which public schools are an allowable use. The
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failure by a local government to comply with these school siting
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requirements will result in the prohibition of The local
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government may not government's ability to amend the local
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comprehensive plan, except for plan amendments described in s.
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163.3187(1)(b), until the school siting requirements are met.
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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
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of plan amendments provided contained in s. 163.3187. The future
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land use plan element shall include criteria that encourage the
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location of schools proximate to urban residential areas to the
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extent possible and shall require that the local government seek
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to collocate public facilities, such as parks, libraries, and
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community centers, with schools to the extent possible and to
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encourage the use of elementary schools as focal points for
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neighborhoods. For schools serving predominantly rural counties,
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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
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location of public school facilities if the local comprehensive
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plan contains school siting criteria and the location is
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consistent with such criteria. Local governments required to
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update or amend their comprehensive plan to include criteria and
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address compatibility of adjacent or closely proximate lands with
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existing military installations in their future land use plan
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element shall transmit the update or amendment to the department
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by June 30, 2006.
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(d) A conservation element for the conservation, use, and
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protection of natural resources in the area, including air,
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water, water recharge areas, wetlands, waterwells, estuarine
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marshes, soils, beaches, shores, flood plains, rivers, bays,
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lakes, harbors, forests, fisheries and wildlife, marine habitat,
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minerals, and other natural and environmental resources. Local
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governments shall assess their current, as well as projected,
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water needs and sources for at least a 10-year period,
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considering the appropriate regional water supply plan approved
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pursuant to s. 373.0361, or, in the absence of an approved
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regional water supply plan, the district water management plan
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approved pursuant to s. 373.036(2). This information shall be
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submitted to the appropriate agencies.
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1. The land use map or map series contained in the future
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land use element must comply with applicable state law and rules
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and shall generally identify and depict the following:
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a.1. Existing and planned waterwells and cones of influence
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where applicable.
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b.2. Beaches and shores, including estuarine systems.
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c.3. Rivers, bays, lakes, flood plains, and harbors.
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d.4. Wetlands.
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e 5. Minerals and soils.
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The land uses identified on such maps shall be consistent with
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applicable state law and rules.
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2. By December 31, 2009, local governments lying in whole
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or in part, within or adjacent to the Everglades Protection Area
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as described in s. 373.4592; within the Lake Okeechobee
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watershed, the Caloosahatchee River watershed, or the St. Lucie
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River watershed as those areas are described in s. 373.4595; or
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within the Kissimmee River basin watershed shall amend their
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comprehensive plans to adopt goals, objectives, and policies that
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further the restoration and protection of the Everglades
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ecosystem. The amendments must be supported by an analysis
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demonstrating consistency with the Everglades Forever Act, the
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Northern Everglades and Estuaries Protection Program, and the
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Comprehensive Everglades Restoration Plan.
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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.
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c. The structural and aesthetic improvement of existing
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housing.
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d. The provision of adequate sites for future housing,
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including affordable workforce housing as defined in s.
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380.0651(3)(j), housing for low-income, very low-income, and
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moderate-income families, mobile homes, and group home facilities
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and foster care facilities, with supporting infrastructure and
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public facilities. This includes compliance with the applicable
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public lands provision under s. 163.32431 or s. 163.32432.
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e. Provision for relocation housing and identification of
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historically significant and other housing for purposes of
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conservation, rehabilitation, or replacement.
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f. The formulation of housing implementation programs.
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g. The creation or preservation of affordable housing to
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minimize the need for additional local services and avoid the
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concentration of affordable housing units only in specific areas
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of the jurisdiction.
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(I)h. By July 1, 2008, each county in which the gap between
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the buying power of a family of four and the median county home
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sale price exceeds $170,000, as determined by the Florida Housing
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Finance Corporation, and which is not designated as an area of
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critical state concern shall adopt a plan for ensuring affordable
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workforce housing. At a minimum, the plan shall identify adequate
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sites for such housing. For purposes of this sub-subparagraph,
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the term "workforce housing" means housing that is affordable to
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natural persons or families whose total household income does not
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exceed 140 percent of the area median income, adjusted for
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household size.
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(II)i. As a precondition to receiving any state affordable
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housing funding or allocation for any project or program within
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the jurisdiction of a county that is subject to sub-sub-
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subparagraph (I), a county must, by July 1 of each year, provide
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certification that the county has complied with the requirements
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of sub-sub-subparagraph (I). Failure by a local government to
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comply with the requirement in sub-subparagraph h. will result in
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the local government being ineligible to receive any state
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housing assistance grants until the requirement of sub-
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subparagraph h. is met.
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h. The provision of senior affordable housing that has
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supporting infrastructure and public facilities.
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2. The goals, objectives, and policies of the housing
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element must be based on the data and analysis prepared on
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housing needs, including the affordable housing needs assessment.
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State and federal housing plans prepared on behalf of the local
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government must be consistent with the goals, objectives, and
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policies of the housing element. Local governments are encouraged
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to use utilize job training, job creation, and economic solutions
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to address a portion of their affordable housing concerns.
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3.2. To assist local governments in housing data collection
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and analysis and assure uniform and consistent information
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regarding the state's housing needs, the state land planning
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agency shall conduct an affordable housing needs assessment for
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all local jurisdictions on a schedule that coordinates the
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implementation of the needs assessment with the evaluation and
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appraisal reports required by s. 163.3191. Each local government
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shall use utilize the data and analysis from the needs assessment
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as one basis for the housing element of its local comprehensive
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plan. The agency shall allow a local government the option to
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perform its own needs assessment, if it uses the methodology
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established by the agency by rule.
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(10) The Legislature recognizes the importance and
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significance of chapter 9J-5, Florida Administrative Code, the
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Minimum Criteria for Review of Local Government Comprehensive
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Plans and Determination of Compliance of the Department of
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Community Affairs that will be used to determine compliance of
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local comprehensive plans. The Legislature reserved unto itself
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the right to review chapter 9J-5, Florida Administrative Code,
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and to reject, modify, or take no action relative to this rule.
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Therefore, pursuant to subsection (9), the Legislature hereby has
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reviewed chapter 9J-5, Florida Administrative Code, and expresses
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the following legislative intent:
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(i) The Legislature recognizes that due to varying local
413
conditions, local governments have different planning needs that
414
cannot be addressed by one uniform set of minimum planning
415
criteria. Therefore, the state land planning agency may amend
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chapter 9J-5, Florida Administrative Code, to establish different
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minimum criteria that are applicable to local governments based
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on the following factors:
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1. Current and projected population.
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2. Size of the local jurisdiction.
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3. Amount and nature of undeveloped land.
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4. The scale of public services provided by the local
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government.
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The state land planning agency department shall take into account
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the factors delineated in rule 9J-5.002(2), Florida
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Administrative Code, as it provides assistance to local
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governments and applies the rule in specific situations with
429
regard to the detail of the data and analysis required.
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(13) Local governments are encouraged to develop a
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community vision that provides for sustainable growth, recognizes
432
its fiscal constraints, and protects its natural resources. At
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the request of a local government, the applicable regional
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planning council shall provide assistance in the development of a
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community vision.
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(a) As part of the process of developing a community vision
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under this section, the local government must hold two public
438
meetings with at least one of those meetings before the local
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planning agency. Before those public meetings, the local
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government must hold at least one public workshop with
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stakeholder groups such as neighborhood associations, community
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organizations, businesses, private property owners, housing and
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development interests, and environmental organizations.
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(b) The local government must, at a minimum, discuss five
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of the following topics as part of the workshops and public
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meetings required under paragraph (a):
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1. Future growth in the area using population forecasts
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from the Bureau of Economic and Business Research;
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2. Priorities for economic development;
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3. Preservation of open space, environmentally sensitive
451
lands, and agricultural lands;
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4. Appropriate areas and standards for mixed-use
453
development;
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5. Appropriate areas and standards for high-density
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commercial and residential development;
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6. Appropriate areas and standards for economic development
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opportunities and employment centers;
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7. Provisions for adequate workforce housing;
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8. An efficient, interconnected multimodal transportation
460
system; and
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9. Opportunities to create land use patterns that
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accommodate the issues listed in subparagraphs 1.-8.
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(c) As part of the workshops and public meetings, the local
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government must discuss strategies for addressing the topics
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discussed under paragraph (b), including:
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1. Strategies to preserve open space and environmentally
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sensitive lands, and to encourage a healthy agricultural economy,
468
including innovative planning and development strategies, such as
469
the transfer of development rights;
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2. Incentives for mixed-use development, including
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increased height and intensity standards for buildings that
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provide residential use in combination with office or commercial
473
space;
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3. Incentives for workforce housing;
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4. Designation of an urban service boundary pursuant to
476
subsection (2); and
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5. Strategies to provide mobility within the community and
478
to protect the Strategic Intermodal System, including the
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development of a transportation corridor management plan under s.
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337.273.
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(d) The community vision must reflect the community's
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shared concept for growth and development of the community,
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including visual representations depicting the desired land use
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patterns and character of the community during a 10-year planning
485
timeframe. The community vision must also take into consideration
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economic viability of the vision and private property interests.
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(e) After the workshops and public meetings required under
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paragraph (a) are held, the local government may amend its
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comprehensive plan to include the community vision as a component
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in the plan. This plan amendment must be transmitted and adopted
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pursuant to the procedures in ss. 163.3184 and 163.3189 at public
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hearings of the governing body other than those identified in
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paragraph (a).
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(f) Amendments submitted under this subsection are exempt
495
from the limitation on the frequency of plan amendments in s.
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163.3187.
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(g) A local government that has developed a community
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vision or completed a visioning process after July 1, 2000, and
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before July 1, 2005, which substantially accomplishes the goals
500
set forth in this subsection and the appropriate goals, policies,
501
or objectives have been adopted as part of the comprehensive plan
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or reflected in subsequently adopted land development regulations
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and the plan amendment incorporating the community vision as a
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component has been found in compliance is eligible for the
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incentives in s. 163.3184(17).
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(14) Local governments are also encouraged to designate an
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urban service boundary. This area must be appropriate for
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compact, contiguous urban development within a 10-year planning
509
timeframe. The urban service area boundary must be identified on
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the future land use map or map series. The local government shall
511
demonstrate that the land included within the urban service
512
boundary is served or is planned to be served with adequate
513
public facilities and services based on the local government's
514
adopted level-of-service standards by adopting a 10-year
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facilities plan in the capital improvements element which is
516
financially feasible. The local government shall demonstrate that
517
the amount of land within the urban service boundary does not
518
exceed the amount of land needed to accommodate the projected
519
population growth at densities consistent with the adopted
520
comprehensive plan within the 10-year planning timeframe.
521
(a) As part of the process of establishing an urban service
522
boundary, the local government must hold two public meetings with
523
at least one of those meetings before the local planning agency.
524
Before those public meetings, the local government must hold at
525
least one public workshop with stakeholder groups such as
526
neighborhood associations, community organizations, businesses,
527
private property owners, housing and development interests, and
528
environmental organizations.
529
(b)1. After the workshops and public meetings required
530
under paragraph (a) are held, the local government may amend its
531
comprehensive plan to include the urban service boundary. This
532
plan amendment must be transmitted and adopted pursuant to the
533
procedures in ss. 163.3184 and 163.3189 at meetings of the
534
governing body other than those required under paragraph (a).
535
2. This subsection does not prohibit new development
536
outside an urban service boundary. However, a local government
537
that establishes an urban service boundary under this subsection
538
is encouraged to require a full-cost-accounting analysis for any
539
new development outside the boundary and to consider the results
540
of that analysis when adopting a plan amendment for property
541
outside the established urban service boundary.
542
(c) Amendments submitted under this subsection are exempt
543
from the limitation on the frequency of plan amendments in s.
544
163.3187.
545
(d) A local government that has adopted an urban service
546
boundary before July 1, 2005, which substantially accomplishes
547
the goals set forth in this subsection is not required to comply
548
with paragraph (a) or subparagraph 1. of paragraph (b) in order
549
to be eligible for the incentives under s. 163.3184(17). In order
550
to satisfy the provisions of this paragraph, the local government
551
must secure a determination from the state land planning agency
552
that the urban service boundary adopted before July 1, 2005,
553
substantially complies with the criteria of this subsection,
554
based on data and analysis submitted by the local government to
555
support this determination. The determination by the state land
556
planning agency is not subject to administrative challenge.
557
Section 4. Subsections (3), (4), (5), and (6) of section
558
163.31771, Florida Statutes, are amended to read:
559
163.31771 Accessory dwelling units.--
560
(3) Upon a finding by a local government that there is a
561
shortage of affordable rentals within its jurisdiction, the local
562
government may amend its comprehensive plan adopt an ordinance to
563
allow accessory dwelling units in any area zoned for single-
564
family residential use.
565
(4) If the local government amends its comprehensive plan
566
pursuant to adopts an ordinance under this section, an
567
application for a building permit to construct an accessory
568
dwelling unit must include an affidavit from the applicant which
569
attests that the unit will be rented at an affordable rate to an
570
extremely-low-income, very-low-income, low-income, or moderate-
571
income person or persons.
572
(5) Each accessory dwelling unit allowed by the
573
comprehensive plan an ordinance adopted under this section shall
574
apply toward satisfying the affordable housing component of the
575
housing element in the local government's comprehensive plan
576
under s. 163.3177(6)(f), and if such unit is subject to a
577
recorded land use restriction agreement restricting its use to
578
affordable housing, the unit may not be treated as a new unit for
579
purposes of transportation concurrency or impact fees. Accessory
580
dwelling units may not be located on land within a coastal high-
581
hazard area, an area of critical state concern, or on lands
582
identified as environmentally sensitive in the local
583
comprehensive plan.
584
(6) The Department of Community Affairs shall evaluate the
585
effectiveness of using accessory dwelling units to address a
586
local government's shortage of affordable housing and report to
587
the Legislature by January 1, 2007. The report must specify the
588
number of ordinances adopted by a local government under this
589
section and the number of accessory dwelling units that were
590
created under these ordinances.
591
Section 5. Paragraph (h) of subsection (2) and subsection
592
(9) of section 163.3178, Florida Statutes, are amended to read:
593
163.3178 Coastal management.--
594
(2) Each coastal management element required by s.
595
163.3177(6)(g) shall be based on studies, surveys, and data; be
596
consistent with coastal resource plans prepared and adopted
597
pursuant to general or special law; and contain:
598
(h) Designation of coastal high-hazard areas and the
599
criteria for mitigation for a comprehensive plan amendment in a
600
coastal high-hazard area as provided defined in subsection (9).
601
The coastal high-hazard area is the area seaward of below the
602
elevation of the category 1 storm surge line as established by a
603
Sea, Lake, and Overland Surges from Hurricanes (SLOSH)
604
computerized storm surge model. It includes all lands within the
605
area, regardless of elevation, from the mean low-water line to
606
the inland extent of the category 1 storm surge area. It is
607
depicted by, but not limited to, the areas illustrated in the
608
most current SLOSH Storm Surge Atlas. Application of mitigation
609
and the application of development and redevelopment policies,
610
pursuant to s. 380.27(2), and any adopted rules adopted
611
thereunder, are shall be at the discretion of the local
612
government.
613
(9)(a) Local governments may elect to comply with state
614
coastal high-hazard provisions pursuant to rule 9J-5.012(3)(b)6.
615
and 7., Florida Administrative Code, through the process provided
616
in this section.
617
(a) A proposed comprehensive plan amendment is shall be
618
found in compliance with state coastal high-hazard provisions
619
pursuant to rule 9J-5.012(3)(b)6. and 7., Florida Administrative
620
Code, if:
621
1. The area subject to the amendment is not:
622
a. Within a designated area of critical state concern;
623
b. Inclusive of areas within the FEMA velocity zones;
624
c. Subject to coastal erosion;
625
d. Seaward of the coastal construction control line; or
626
e. Subject to repetitive damage from coastal storms and
627
floods.
628
2. The local government has adopted the following as a part
629
of its comprehensive plan:
630
a. Hazard mitigation strategies that reduce, replace, or
631
eliminate unsafe structures and properties subject to repetitive
632
losses from coastal storms or floods.
633
b. Measures that reduce exposure to hazards including:
634
(I) Relocation;
635
(II) Structural modifications of threatened infrastructure;
636
(III) Provisions for operational or capacity improvements
637
to maintain hurricane evacuation clearance times within
638
established limits; and
639
(IV) Prohibiting public expenditures for capital
640
improvements that subsidize increased densities and intensities
641
of development within the coastal high-hazard area.
642
c. A post disaster redevelopment plan.
643
3.a. The adopted level of service for out-of-county
644
hurricane evacuation clearance time is maintained for a category
645
5 storm event as measured on the Saffir-Simpson scale and the
646
adopted out-of-county hurricane evacuation clearance time does
647
not exceed 16 hours and is based upon the time necessary to reach
648
shelter space;
649
b.2. A 12-hour evacuation time to shelter is maintained for
650
a category 5 storm event as measured on the Saffir-Simpson scale
651
and shelter space reasonably expected to accommodate the
652
residents of the development contemplated by a proposed
653
comprehensive plan amendment is available; or
654
c.3. Appropriate mitigation is provided to ensure that the
655
requirements of sub-subparagraph a. or sub-subparagraph b. are
656
achieved. will satisfy the provisions of subparagraph 1. or
657
subparagraph 2. Appropriate mitigation shall include, without
658
limitation, payment of money, contribution of land, and
659
construction of hurricane shelters and transportation facilities.
660
Required mitigation may shall not exceed the amount required for
661
a developer to accommodate impacts reasonably attributable to
662
development. A local government and a developer shall enter into
663
a binding agreement to establish memorialize the mitigation plan.
664
The executed agreement must be submitted along with the adopted
665
plan amendment.
666
(b) For those local governments that have not established a
667
level of service for out-of-county hurricane evacuation by July
668
1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
669
Florida Administrative Code, by following the process in
670
paragraph (a), the level of service may not exceed shall be no
671
greater than 16 hours for a category 5 storm event as measured on
672
the Saffir-Simpson scale based upon the time necessary to reach
673
shelter space.
674
(c) This subsection applies shall become effective
675
immediately and shall apply to all local governments. By No later
676
than July 1, 2009 2008, local governments shall amend their
677
future land use map and coastal management element to include the
678
new definition of coastal high-hazard area provided in paragraph
679
(2)(h) and to depict the coastal high-hazard area on the future
680
land use map.
681
Section 6. Section 163.3180, Florida Statutes, is amended
682
to read:
683
163.3180 Concurrency.--
684
(1) APPLICABILITY OF CONCURRENCY REQUIREMENT.--
685
(a) Public facility types.--Sanitary sewer, solid waste,
686
drainage, potable water, parks and recreation, schools, and
687
transportation facilities, including mass transit, where
688
applicable, are the only public facilities and services subject
689
to the concurrency requirement on a statewide basis. Additional
690
public facilities and services may not be made subject to
691
concurrency on a statewide basis without appropriate study and
692
approval by the Legislature; however, any local government may
693
extend the concurrency requirement so that it applies to apply to
694
additional public facilities within its jurisdiction.
695
(b) Transportation methodologies.--Local governments shall
696
use professionally accepted techniques for measuring level of
697
service for automobiles, bicycles, pedestrians, transit, and
698
trucks. These techniques may be used to evaluate increased
699
accessibility by multiple modes and reductions in vehicle miles
700
of travel in an area or zone. The state land planning agency and
701
the Department of Transportation shall develop methodologies to
702
assist local governments in implementing this multimodal level-
703
of-service analysis and. The Department of Community Affairs and
704
the Department of Transportation shall provide technical
705
assistance to local governments in applying the these
706
methodologies.
707
(2) PUBLIC FACILITY AVAILABILITY STANDARDS.--
708
(a) Sanitary sewer, solid waste, drainage, adequate water
709
supply, and potable water facilities.--Consistent with public
710
health and safety, sanitary sewer, solid waste, drainage,
711
adequate water supplies, and potable water facilities shall be in
712
place and available to serve new development no later than the
713
issuance by the local government of a certificate of occupancy or
714
its functional equivalent. Prior to approval of a building permit
715
or its functional equivalent, the local government shall consult
716
with the applicable water supplier to determine whether adequate
717
water supplies to serve the new development will be available by
718
no later than the anticipated date of issuance by the local
719
government of the a certificate of occupancy or its functional
720
equivalent. A local government may meet the concurrency
721
requirement for sanitary sewer through the use of onsite sewage
722
treatment and disposal systems approved by the Department of
723
Health to serve new development.
724
(b) Parks and recreation facilities.--Consistent with the
725
public welfare, and except as otherwise provided in this section,
726
parks and recreation facilities to serve new development shall be
727
in place or under actual construction within no later than 1 year
728
after issuance by the local government of a certificate of
729
occupancy or its functional equivalent. However, the acreage for
730
such facilities must shall be dedicated or be acquired by the
731
local government prior to issuance by the local government of the
732
a certificate of occupancy or its functional equivalent, or funds
733
in the amount of the developer's fair share shall be committed no
734
later than the local government's approval to commence
735
construction.
736
(c) Transportation facilities.--Consistent with the public
737
welfare, and except as otherwise provided in this section,
738
transportation facilities needed to serve new development must
739
shall be in place or under actual construction within 3 years
740
after the local government approves a building permit or its
741
functional equivalent that results in traffic generation.
742
(3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.--Governmental
743
entities that are not responsible for providing, financing,
744
operating, or regulating public facilities needed to serve
745
development may not establish binding level-of-service standards
746
on governmental entities that do bear those responsibilities.
747
This subsection does not limit the authority of any agency to
748
recommend or make objections, recommendations, comments, or
749
determinations during reviews conducted under s. 163.3184.
750
(4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.--
751
(a) State and other public facilities.--The concurrency
752
requirement as implemented in local comprehensive plans applies
753
to state and other public facilities and development to the same
754
extent that it applies to all other facilities and development,
755
as provided by law.
756
(b) Public transit facilities.--The concurrency requirement
757
as implemented in local comprehensive plans does not apply to
758
public transit facilities. For the purposes of this paragraph,
759
public transit facilities include transit stations and terminals;
760
transit station parking; park-and-ride lots; intermodal public
761
transit connection or transfer facilities; fixed bus, guideway,
762
and rail stations; and airport passenger terminals and
763
concourses, air cargo facilities, and hangars for the maintenance
764
or storage of aircraft. As used in this paragraph, the terms
765
"terminals" and "transit facilities" do not include seaports or
766
commercial or residential development constructed in conjunction
767
with a public transit facility.
768
(c) Infill and redevelopment areas.--The concurrency
769
requirement, except as it relates to transportation facilities
770
and public schools, as implemented in local government
771
comprehensive plans, may be waived by a local government for
772
urban infill and redevelopment areas designated pursuant to s.
773
163.2517 if such a waiver does not endanger public health or
774
safety as defined by the local government in its local government
775
comprehensive plan. The waiver must shall be adopted as a plan
776
amendment pursuant to the process set forth in s. 163.3187(3)(a).
777
A local government may grant a concurrency exception pursuant to
778
subsection (5) for transportation facilities located within these
779
urban infill and redevelopment areas.
780
(5) TRANSPORTATION CONCURRENCY EXCEPTION AREAS.--
781
(a) Countervailing planning and public policy goals.--The
782
Legislature finds that under limited circumstances dealing with
783
transportation facilities, countervailing planning and public
784
policy goals may come into conflict with the requirement that
785
adequate public transportation facilities and services be
786
available concurrent with the impacts of such development. The
787
Legislature further finds that often the unintended result of the
788
concurrency requirement for transportation facilities is often
789
the discouragement of urban infill development and redevelopment.
790
Such unintended results directly conflict with the goals and
791
policies of the state comprehensive plan and the intent of this
792
part. The Legislature also finds that in urban centers
793
transportation cannot be effectively managed and mobility cannot
794
be improved solely through the expansion of roadway capacity,
795
that the expansion of roadway capacity is not always physically
796
or financially possible, and that a range of transportation
797
alternatives are essential to satisfy mobility needs, reduce
798
congestion, and achieve healthy, vibrant centers. Therefore,
799
transportation concurrency exception areas are necessary to
800
achieve the goals and objectives of this part exceptions from the
801
concurrency requirement for transportation facilities may be
802
granted as provided by this subsection.
803
(b) Geographic applicability.--
804
1. Within municipalities, transportation concurrency
805
exception areas are established for geographic areas identified
806
in the adopted portion of the comprehensive plan as of July 1,
807
2008, for:
808
a. Urban infill development;
809
b. Urban redevelopment;
810
c. Downtown revitalization; and
811
d. Urban infill and redevelopment under s. 163.2517.
812
2. In other portions of the state, including municipalities
813
and unincorporated areas of counties, a local government may
814
adopt a comprehensive plan amendment establishing a
815
transportation concurrency exception area grant an exception from
816
the concurrency requirement for transportation facilities if the
817
proposed development is otherwise consistent with the adopted
818
local government comprehensive plan and is a project that
819
promotes public transportation or is located within an area
820
designated in the comprehensive plan for:
821
a.1. Urban infill development;
822
b.2. Urban redevelopment;
823
c.3. Downtown revitalization;
824
d.4. Urban infill and redevelopment under s. 163.2517; or
825
e.5. An urban service area specifically designated as a
826
transportation concurrency exception area which includes lands
827
appropriate for compact, contiguous urban development, which does
828
not exceed the amount of land needed to accommodate the projected
829
population growth at densities consistent with the adopted
830
comprehensive plan within the 10-year planning period, and which
831
is served or is planned to be served with public facilities and
832
services as provided by the capital improvements element.
833
(c) Projects that have special part-time demands.--The
834
Legislature also finds that developments located within urban
835
infill, urban redevelopment, existing urban service, or downtown
836
revitalization areas or areas designated as urban infill and
837
redevelopment areas under s. 163.2517 which pose only special
838
part-time demands on the transportation system should be excepted
839
from the concurrency requirement for transportation facilities. A
840
special part-time demand is one that does not have more than 200
841
scheduled events during any calendar year and does not affect the
842
100 highest traffic volume hours.
843
(d) Long-term strategies within transportation concurrency
844
exception areas.--Except for transportation concurrency exception
845
areas established pursuant to s. 163.3180(5)(b)1., the following
846
requirements apply: A local government shall establish guidelines
847
in the comprehensive plan for granting the exceptions authorized
848
in paragraphs (b) and (c) and subsections (7) and (15) which must
849
be consistent with and support a comprehensive strategy adopted
850
in the plan to promote the purpose of the exceptions.
851
1.(e) The local government shall adopt into the plan and
852
implement long-term strategies to support and fund mobility
853
within the designated exception area, including alternative modes
854
of transportation. The plan amendment must also demonstrate how
855
strategies will support the purpose of the exception and how
856
mobility within the designated exception area will be provided.
857
2. In addition, The strategies must address urban design;
858
appropriate land use mixes, including intensity and density; and
859
network connectivity plans needed to promote urban infill,
860
redevelopment, or downtown revitalization. The comprehensive plan
861
amendment designating the concurrency exception area must be
862
accompanied by data and analysis justifying the size of the area.
863
(e)(f) Strategic Intermodal System.-- Prior to the
864
designation of a concurrency exception area pursuant to
865
subparagraph (b)2., the state land planning agency and the
866
Department of Transportation shall be consulted by the local
867
government to assess the effect impact that the proposed
868
exception area is expected to have on the adopted level-of-
869
service standards established for Strategic Intermodal System
870
facilities, as defined in s. 339.64, and roadway facilities
871
funded in accordance with s. 339.2819. Further, as a part of the
872
comprehensive plan amendment establishing the exception area, the
873
local government shall provide for mitigation of impacts , in
874
consultation with the state land planning agency and the
875
Department of Transportation, develop a plan to mitigate any
876
impacts to the Strategic Intermodal System, including, if
877
appropriate, access management, parallel reliever roads,
878
transportation demand management, and other measures the
879
development of a long-term concurrency management system pursuant
880
to subsection (9) and s. 163.3177(3)(d). The exceptions may be
881
available only within the specific geographic area of the
882
jurisdiction designated in the plan. Pursuant to s. 163.3184, any
883
affected person may challenge a plan amendment establishing these
884
guidelines and the areas within which an exception could be
885
granted.
886
(g) Transportation concurrency exception areas existing
887
prior to July 1, 2005, must, at a minimum, meet the provisions of
888
this section by July 1, 2006, or at the time of the comprehensive
889
plan update pursuant to the evaluation and appraisal report,
890
whichever occurs last.
891
(6) DE MINIMIS IMPACT.--The Legislature finds that a de
892
minimis impact is consistent with this part. A de minimis impact
893
is an impact that does would not affect more than 1 percent of
894
the maximum volume at the adopted level of service of the
895
affected transportation facility as determined by the local
896
government. An No impact is not will be de minimis if the sum of
897
existing roadway volumes and the projected volumes from approved
898
projects on a transportation facility exceeds would exceed 110
899
percent of the maximum volume at the adopted level of service of
900
the affected transportation facility; provided however, the that
901
an impact of a single family home on an existing lot is will
902
constitute a de minimis impact on all roadways regardless of the
903
level of the deficiency of the roadway. Further, an no impact is
904
not will be de minimis if it exceeds would exceed the adopted
905
level-of-service standard of any affected designated hurricane
906
evacuation routes. Each local government shall maintain
907
sufficient records to ensure that the 110-percent criterion is
908
not exceeded. Each local government shall submit annually, with
909
its updated capital improvements element, a summary of the de
910
minimis records. If the state land planning agency determines
911
that the 110-percent criterion has been exceeded, the state land
912
planning agency shall notify the local government of the
913
exceedance and that no further de minimis exceptions for the
914
applicable roadway may be granted until such time as the volume
915
is reduced below the 110 percent. The local government shall
916
provide proof of this reduction to the state land planning agency
917
before issuing further de minimis exceptions.
918
(7) CONCURRENCY MANAGEMENT AREAS.--In order to promote
919
infill development and redevelopment, one or more transportation
920
concurrency management areas may be designated in a local
921
government comprehensive plan. A transportation concurrency
922
management area is must be a compact geographic area that has
923
with an existing network of roads where multiple, viable
924
alternative travel paths or modes are available for common trips.
925
A local government may establish an areawide level-of-service
926
standard for such a transportation concurrency management area
927
based upon an analysis that provides for a justification for the
928
areawide level of service, how urban infill development or
929
redevelopment will be promoted, and how mobility will be
930
accomplished within the transportation concurrency management
931
area. Prior to the designation of a concurrency management area,
932
the local government shall consult with the state land planning
933
agency and the Department of Transportation shall be consulted by
934
the local government to assess the impact that the proposed
935
concurrency management area is expected to have on the adopted
936
level-of-service standards established for Strategic Intermodal
937
System facilities, as defined in s. 339.64, and roadway
938
facilities funded in accordance with s. 339.2819. Further, the
939
local government shall, in cooperation with the state land
940
planning agency and the Department of Transportation, develop a
941
plan to mitigate any impacts to the Strategic Intermodal System,
942
including, if appropriate, the development of a long-term
943
concurrency management system pursuant to subsection (9) and s.
944
163.3177(3)(d). Transportation concurrency management areas
945
existing prior to July 1, 2005, shall meet, at a minimum, the
946
provisions of this section by July 1, 2006, or at the time of the
947
comprehensive plan update pursuant to the evaluation and
948
appraisal report, whichever occurs last. The state land planning
949
agency shall amend chapter 9J-5, Florida Administrative Code, to
950
be consistent with this subsection.
951
(8) URBAN REDEVELOPMENT.--When assessing the transportation
952
impacts of proposed urban redevelopment within an established
953
existing urban service area, 150 110 percent of the actual
954
transportation impact caused by the previously existing
955
development must be reserved for the redevelopment, even if the
956
previously existing development has a lesser or nonexisting
957
impact pursuant to the calculations of the local government.
958
Redevelopment requiring less than 150 110 percent of the
959
previously existing capacity may shall not be prohibited due to
960
the reduction of transportation levels of service below the
961
adopted standards. This does not preclude the appropriate
962
assessment of fees or accounting for the impacts within the
963
concurrency management system and capital improvements program of
964
the affected local government. This paragraph does not affect
965
local government requirements for appropriate development
966
permits.
967
(9) LONG-TERM CONCURRENCY MANAGEMENT.--
968
(a) Each local government may adopt as a part of its plan,
969
long-term transportation and school concurrency management
970
systems that have with a planning period of up to 10 years for
971
specially designated districts or areas where significant
972
backlogs exist as a part of its plan. The plan may include
973
interim level-of-service standards on certain facilities and
974
shall rely on the local government's schedule of capital
975
improvements for up to 10 years as a basis for issuing
976
development orders that authorize commencement of construction in
977
these designated districts or areas. The concurrency management
978
system must be designed to correct existing deficiencies and set
979
priorities for addressing backlogged facilities and be
980
coordinated with the appropriate metropolitan planning
981
organization. The concurrency management system must be
982
financially feasible and consistent with other portions of the
983
adopted local plan, including the future land use map.
984
(b) If a local government has a transportation or school
985
facility backlog for existing development which cannot be
986
adequately addressed in a 10-year plan, the state land planning
987
agency may allow it to develop a plan and long-term schedule of
988
capital improvements covering up to 15 years for good and
989
sufficient cause, based on a general comparison between the that
990
local government and all other similarly situated local
991
jurisdictions, using the following factors:
992
1. The extent of the backlog.
993
2. For roads, whether the backlog is on local or state
994
roads.
995
3. The cost of eliminating the backlog.
996
4. The local government's tax and other revenue-raising
997
efforts.
998
(c) The local government may issue approvals to commence
999
construction notwithstanding this section, consistent with and in
1000
areas that are subject to a long-term concurrency management
1001
system.
1002
(d) If the local government adopts a long-term concurrency
1003
management system, it must evaluate the system periodically. At a
1004
minimum, the local government must assess its progress toward
1005
improving levels of service within the long-term concurrency
1006
management district or area in the evaluation and appraisal
1007
report and determine any changes that are necessary to accelerate
1008
progress in meeting acceptable levels of service.
1009
(10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.--With
1010
regard to roadway facilities on the Strategic Intermodal System
1011
designated in accordance with s. ss. 339.61, 339.62, 339.63, and
1012
339.64, the Florida Intrastate Highway System as defined in s.
1013
338.001, and roadway facilities funded in accordance with s.
1014
339.2819, local governments shall adopt the level-of-service
1015
standard established by the Department of Transportation by rule.
1016
For all other roads on the State Highway System, local
1017
governments shall establish an adequate level-of-service standard
1018
that need not be consistent with any level-of-service standard
1019
established by the Department of Transportation. In establishing
1020
adequate level-of-service standards for any arterial roads, or
1021
collector roads as appropriate, which traverse multiple
1022
jurisdictions, local governments shall consider compatibility
1023
with the roadway facility's adopted level-of-service standards in
1024
adjacent jurisdictions. Each local government within a county
1025
shall use a professionally accepted methodology for measuring
1026
impacts on transportation facilities for the purposes of
1027
implementing its concurrency management system. Counties are
1028
encouraged to coordinate with adjacent counties, and local
1029
governments within a county are encouraged to coordinate, in for
1030
the purpose of using common methodologies for measuring impacts
1031
on transportation facilities for the purpose of implementing
1032
their concurrency management systems.
1033
(11) LIMITATION OF LIABILITY.--In order to limit the
1034
liability of local governments, a local government may allow a
1035
landowner to proceed with development of a specific parcel of
1036
land notwithstanding a failure of the development to satisfy
1037
transportation concurrency, if when all the following factors are
1038
shown to exist:
1039
(a) The local government that has with jurisdiction over
1040
the property has adopted a local comprehensive plan that is in
1041
compliance.
1042
(b) The proposed development is would be consistent with
1043
the future land use designation for the specific property and
1044
with pertinent portions of the adopted local plan, as determined
1045
by the local government.
1046
(c) The local plan includes a financially feasible capital
1047
improvements element that provides for transportation facilities
1048
adequate to serve the proposed development, and the local
1049
government has not implemented that element.
1050
(d) The local government has provided a means for assessing
1051
by which the landowner for will be assessed a fair share of the
1052
cost of providing the transportation facilities necessary to
1053
serve the proposed development.
1054
(e) The landowner has made a binding commitment to the
1055
local government to pay the fair share of the cost of providing
1056
the transportation facilities to serve the proposed development.
1057
(12) REGIONAL IMPACT PROPORTIONATE SHARE.--A development of
1058
regional impact may satisfy the transportation concurrency
1059
requirements of the local comprehensive plan, the local
1060
government's concurrency management system, and s. 380.06 by
1061
payment of a proportionate-share contribution for local and
1062
regionally significant traffic impacts, if:
1063
(a) The development of regional impact which, based on its
1064
location or mix of land uses, is designed to encourage pedestrian
1065
or other nonautomotive modes of transportation;
1066
(b) The proportionate-share contribution for local and
1067
regionally significant traffic impacts is sufficient to pay for
1068
one or more required mobility improvements that will benefit the
1069
network of a regionally significant transportation facilities if
1070
impacts on the Strategic Intermodal System, the Florida
1071
Intrastate Highway System, and other regionally significant
1072
roadways outside of the jurisdiction of the local government are
1073
mitigated based on the prioritization of needed improvements
1074
recommended by the regional planning council facility;
1075
(c) The owner and developer of the development of regional
1076
impact pays or assures payment of the proportionate-share
1077
contribution; and
1078
(d) If The regionally significant transportation facility
1079
to be constructed or improved is under the maintenance authority
1080
of a governmental entity, as defined by s. 334.03 334.03(12),
1081
other than the local government that has with jurisdiction over
1082
the development of regional impact, the developer must is
1083
required to enter into a binding and legally enforceable
1084
commitment to transfer funds to the governmental entity having
1085
maintenance authority or to otherwise assure construction or
1086
improvement of the facility.
1087
1088
The proportionate-share contribution may be applied to any
1089
transportation facility to satisfy the provisions of this
1090
subsection and the local comprehensive plan., but, For the
1091
purposes of this subsection, the amount of the proportionate-
1092
share contribution shall be calculated based upon the cumulative
1093
number of trips from the proposed development expected to reach
1094
roadways during the peak hour from the complete buildout of a
1095
stage or phase being approved, divided by the change in the peak
1096
hour maximum service volume of roadways resulting from
1097
construction of an improvement necessary to maintain the adopted
1098
level of service, multiplied by the construction cost, at the
1099
time of developer payment, of the improvement necessary to
1100
maintain the adopted level of service. For purposes of this
1101
subsection, "construction cost" includes all associated costs of
1102
the improvement. Proportionate-share mitigation shall be limited
1103
to ensure that a development of regional impact meeting the
1104
requirements of this subsection mitigates its impact on the
1105
transportation system but is not responsible for the additional
1106
cost of reducing or eliminating backlogs. This subsection also
1107
applies to Florida Quality Developments pursuant to s. 380.061
1108
and to detailed specific area plans implementing optional sector
1109
plans pursuant to s. 163.3245.
1110
(13) SCHOOL CONCURRENCY.--School concurrency shall be
1111
established on a districtwide basis and shall include all public
1112
schools in the district and all portions of the district, whether
1113
located in a municipality or an unincorporated area unless exempt
1114
from the public school facilities element pursuant to s.
1115
163.3177(12). The application of school concurrency to
1116
development shall be based upon the adopted comprehensive plan,
1117
as amended. All local governments within a county, except as
1118
provided in paragraph (f), shall adopt and transmit to the state
1119
land planning agency the necessary plan amendments, along with
1120
the interlocal agreement, for a compliance review pursuant to s.
1121
163.3184(7) and (8). The minimum requirements for school
1122
concurrency are the following:
1123
(a) Public school facilities element.--A local government
1124
shall adopt and transmit to the state land planning agency a plan
1125
or plan amendment which includes a public school facilities
1126
element which is consistent with the requirements of s.
1127
163.3177(12) and which is determined to be in compliance as
1128
defined in s. 163.3184(1)(b). All local government public school
1129
facilities plan elements within a county must be consistent with
1130
each other as well as the requirements of this part.
1131
(b) Level-of-service standards.--The Legislature recognizes
1132
that an essential requirement for a concurrency management system
1133
is the level of service at which a public facility is expected to
1134
operate.
1135
1. Local governments and school boards imposing school
1136
concurrency shall exercise authority in conjunction with each
1137
other to establish jointly adequate level-of-service standards,
1138
as defined in chapter 9J-5, Florida Administrative Code,
1139
necessary to implement the adopted local government comprehensive
1140
plan, based on data and analysis.
1141
2. Public school level-of-service standards shall be
1142
included and adopted into the capital improvements element of the
1143
local comprehensive plan and shall apply districtwide to all
1144
schools of the same type. Types of schools may include
1145
elementary, middle, and high schools as well as special purpose
1146
facilities such as magnet schools.
1147
3. Local governments and school boards may use shall have
1148
the option to utilize tiered level-of-service standards to allow
1149
time to achieve an adequate and desirable level of service as
1150
circumstances warrant.
1151
(c) Service areas.--The Legislature recognizes that an
1152
essential requirement for a concurrency system is a designation
1153
of the area within which the level of service will be measured
1154
when an application for a residential development permit is
1155
reviewed for school concurrency purposes. This delineation is
1156
also important for purposes of determining whether the local
1157
government has a financially feasible public school capital
1158
facilities program for that will provide schools which will
1159
achieve and maintain the adopted level-of-service standards.
1160
1. In order to balance competing interests, preserve the
1161
constitutional concept of uniformity, and avoid disruption of
1162
existing educational and growth management processes, local
1163
governments are encouraged to initially apply school concurrency
1164
to development only on a districtwide basis so that a concurrency
1165
determination for a specific development is will be based upon
1166
the availability of school capacity districtwide. To ensure that
1167
development is coordinated with schools having available
1168
capacity, within 5 years after adoption of school concurrency,
1169
local governments shall apply school concurrency on a less than
1170
districtwide basis, such as using school attendance zones or
1171
concurrency service areas, as provided in subparagraph 2.
1172
2. For local governments applying school concurrency on a
1173
less than districtwide basis, such as utilizing school attendance
1174
zones or larger school concurrency service areas, local
1175
governments and school boards shall have the burden of
1176
demonstrating to demonstrate that the utilization of school
1177
capacity is maximized to the greatest extent possible in the
1178
comprehensive plan and amendment, taking into account
1179
transportation costs and court-approved desegregation plans, as
1180
well as other factors. In addition, in order to achieve
1181
concurrency within the service area boundaries selected by local
1182
governments and school boards, the service area boundaries,
1183
together with the standards for establishing those boundaries,
1184
shall be identified and included as supporting data and analysis
1185
for the comprehensive plan.
1186
3. Where school capacity is available on a districtwide
1187
basis but school concurrency is applied on a less than
1188
districtwide basis in the form of concurrency service areas, if
1189
the adopted level-of-service standard cannot be met in a
1190
particular service area as applied to an application for a
1191
development permit and if the needed capacity for the particular
1192
service area is available in one or more contiguous service
1193
areas, as adopted by the local government, then the local
1194
government may not deny an application for site plan or final
1195
subdivision approval or the functional equivalent for a
1196
development or phase of a development on the basis of school
1197
concurrency, and if issued, development impacts shall be shifted
1198
to contiguous service areas with schools having available
1199
capacity.
1200
(d) Financial feasibility.--The Legislature recognizes that
1201
financial feasibility is an important issue because the premise
1202
of concurrency is that the public facilities will be provided in
1203
order to achieve and maintain the adopted level-of-service
1204
standard. This part and chapter 9J-5, Florida Administrative
1205
Code, contain specific standards for determining to determine the
1206
financial feasibility of capital programs. These standards were
1207
adopted to make concurrency more predictable and local
1208
governments more accountable.
1209
1. A comprehensive plan amendment seeking to impose school
1210
concurrency must shall contain appropriate amendments to the
1211
capital improvements element of the comprehensive plan,
1212
consistent with the requirements of s. 163.3177(3) and rule 9J-
1213
5.016, Florida Administrative Code. The capital improvements
1214
element must shall set forth a financially feasible public school
1215
capital facilities program, established in conjunction with the
1216
school board, that demonstrates that the adopted level-of-service
1217
standards will be achieved and maintained.
1218
2. Such Amendments to the capital improvements element must
1219
shall demonstrate that the public school capital facilities
1220
program meets all of the financial feasibility standards of this
1221
part and chapter 9J-5, Florida Administrative Code, that apply to
1222
capital programs which provide the basis for mandatory
1223
concurrency on other public facilities and services.
1224
3. If When the financial feasibility of a public school
1225
capital facilities program is evaluated by the state land
1226
planning agency for purposes of a compliance determination, the
1227
evaluation must shall be based upon the service areas selected by
1228
the local governments and school board.
1229
(e) Availability standard.--Consistent with the public
1230
welfare, a local government may not deny an application for site
1231
plan, final subdivision approval, or the functional equivalent
1232
for a development or phase of a development authorizing
1233
residential development for failure to achieve and maintain the
1234
level-of-service standard for public school capacity in a local
1235
school concurrency management system where adequate school
1236
facilities will be in place or under actual construction within 3
1237
years after the issuance of final subdivision or site plan
1238
approval, or the functional equivalent. School concurrency is
1239
satisfied if the developer executes a legally binding commitment
1240
to provide mitigation proportionate to the demand for public
1241
school facilities to be created by actual development of the
1242
property, including, but not limited to, the options described in
1243
subparagraph 1. Options for proportionate-share mitigation of
1244
impacts on public school facilities must be established in the
1245
public school facilities element and the interlocal agreement
1246
pursuant to s. 163.31777.
1247
1. Appropriate mitigation options include the contribution
1248
of land; the construction, expansion, or payment for land
1249
acquisition or construction of a public school facility; or the
1250
creation of mitigation banking based on the construction of a
1251
public school facility in exchange for the right to sell capacity
1252
credits. Such options must include execution by the applicant and
1253
the local government of a development agreement that constitutes
1254
a legally binding commitment to pay proportionate-share
1255
mitigation for the additional residential units approved by the
1256
local government in a development order and actually developed on
1257
the property, taking into account residential density allowed on
1258
the property prior to the plan amendment that increased the
1259
overall residential density. The district school board must be a
1260
party to such an agreement. As a condition of its entry into such
1261
a development agreement, the local government may require the
1262
landowner to agree to continuing renewal of the agreement upon
1263
its expiration.
1264
2. If the education facilities plan and the public
1265
educational facilities element authorize a contribution of land;
1266
the construction, expansion, or payment for land acquisition; or
1267
the construction or expansion of a public school facility, or a
1268
portion thereof, as proportionate-share mitigation, the local
1269
government shall credit such a contribution, construction,
1270
expansion, or payment toward any other impact fee or exaction
1271
imposed by local ordinance for the same need, on a dollar-for-
1272
dollar basis at fair market value.
1273
3. Any proportionate-share mitigation must be directed by
1274
the school board toward a school capacity improvement identified
1275
in a financially feasible 5-year district work plan that
1276
satisfies the demands created by the development in accordance
1277
with a binding developer's agreement.
1278
4. If a development is precluded from commencing because
1279
there is inadequate classroom capacity to mitigate the effects
1280
impacts of the development, the development may nevertheless
1281
commence if there are accelerated facilities in an approved
1282
capital improvement element scheduled for construction in year
1283
four or later of such plan which, when built, will mitigate the
1284
proposed development, or if such accelerated facilities will be
1285
in the next annual update of the capital facilities element, the
1286
developer enters into a binding, financially guaranteed agreement
1287
with the school district to construct an accelerated facility
1288
within the first 3 years of an approved capital improvement plan,
1289
and the cost of the school facility is equal to or greater than
1290
the development's proportionate share. When the completed school
1291
facility is conveyed to the school district, the developer shall
1292
receive impact fee credits usable within the zone where the
1293
facility is constructed or any attendance zone contiguous with or
1294
adjacent to the zone where the facility is constructed.
1295
5. This paragraph does not limit the authority of a local
1296
government to deny a development permit or its functional
1297
equivalent pursuant to its home rule regulatory powers, except as
1298
provided in this part.
1299
(f) Intergovernmental coordination.--
1300
1. When establishing concurrency requirements for public
1301
schools, a local government shall satisfy the requirements for
1302
intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1303
and 2., except that a municipality is not required to be a
1304
signatory to the interlocal agreement required by ss.
1305
163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1306
imposition of school concurrency, and as a nonsignatory, may
1307
shall not participate in the adopted local school concurrency
1308
system, if the municipality meets all of the following criteria
1309
for not having a no significant impact on school attendance:
1310
a. The municipality has issued development orders for fewer
1311
than 50 residential dwelling units during the preceding 5 years,
1312
or the municipality has generated fewer than 25 additional public
1313
school students during the preceding 5 years.
1314
b. The municipality has not annexed new land during the
1315
preceding 5 years in land use categories which permit residential
1316
uses that will affect school attendance rates.
1317
c. The municipality has no public schools located within
1318
its boundaries.
1319
d. At least 80 percent of the developable land within the
1320
boundaries of the municipality has been built upon.
1321
2. A municipality that which qualifies as not having a no
1322
significant impact on school attendance pursuant to the criteria
1323
of subparagraph 1. must review and determine at the time of its
1324
evaluation and appraisal report pursuant to s. 163.3191 whether
1325
it continues to meet the criteria pursuant to s. 163.31777(6). If
1326
the municipality determines that it no longer meets the criteria,
1327
it must adopt appropriate school concurrency goals, objectives,
1328
and policies in its plan amendments based on the evaluation and
1329
appraisal report, and enter into the existing interlocal
1330
agreement required by ss. 163.3177(6)(h)2. and 163.31777, in
1331
order to fully participate in the school concurrency system. If
1332
such a municipality fails to do so, it is will be subject to the
1333
enforcement provisions of s. 163.3191.
1334
(g) Interlocal agreement for school concurrency.--When
1335
establishing concurrency requirements for public schools, a local
1336
government must enter into an interlocal agreement that satisfies
1337
the requirements in ss. 163.3177(6)(h)1. and 2. and 163.31777 and
1338
the requirements of this subsection. The interlocal agreement
1339
must shall acknowledge both the school board's constitutional and
1340
statutory obligations to provide a uniform system of free public
1341
schools on a countywide basis, and the land use authority of
1342
local governments, including their authority to approve or deny
1343
comprehensive plan amendments and development orders. The
1344
interlocal agreement shall be submitted to the state land
1345
planning agency by the local government as a part of the
1346
compliance review, along with the other necessary amendments to
1347
the comprehensive plan required by this part. In addition to the
1348
requirements of ss. 163.3177(6)(h) and 163.31777, the interlocal
1349
agreement must shall meet the following requirements:
1350
1. Establish the mechanisms for coordinating the
1351
development, adoption, and amendment of each local government's
1352
public school facilities element with each other and the plans of
1353
the school board to ensure a uniform districtwide school
1354
concurrency system.
1355
2. Establish a process for developing the development of
1356
siting criteria that which encourages the location of public
1357
schools proximate to urban residential areas to the extent
1358
possible and seeks to collocate schools with other public
1359
facilities such as parks, libraries, and community centers to the
1360
extent possible.
1361
3. Specify uniform, districtwide level-of-service standards
1362
for public schools of the same type and the process for modifying
1363
the adopted level-of-service standards.
1364
4. Establish a process for the preparation, amendment, and
1365
joint approval by each local government and the school board of a
1366
public school capital facilities program that which is
1367
financially feasible, and a process and schedule for
1368
incorporation of the public school capital facilities program
1369
into the local government comprehensive plans on an annual basis.
1370
5. Define the geographic application of school concurrency.
1371
If school concurrency is to be applied on a less than
1372
districtwide basis in the form of concurrency service areas, the
1373
agreement must shall establish criteria and standards for the
1374
establishment and modification of school concurrency service
1375
areas. The agreement must shall also establish a process and
1376
schedule for the mandatory incorporation of the school
1377
concurrency service areas and the criteria and standards for
1378
establishment of the service areas into the local government
1379
comprehensive plans. The agreement must shall ensure maximum
1380
utilization of school capacity, taking into account
1381
transportation costs and court-approved desegregation plans, as
1382
well as other factors. The agreement must shall also ensure the
1383
achievement and maintenance of the adopted level-of-service
1384
standards for the geographic area of application throughout the 5
1385
years covered by the public school capital facilities plan and
1386
thereafter by adding a new fifth year during the annual update.
1387
6. Establish a uniform districtwide procedure for
1388
implementing school concurrency which provides for:
1389
a. The evaluation of development applications for
1390
compliance with school concurrency requirements, including
1391
information provided by the school board on affected schools,
1392
impact on levels of service, and programmed improvements for
1393
affected schools, and any options to provide sufficient capacity;
1394
b. An opportunity for the school board to review and
1395
comment on the effect of comprehensive plan amendments and
1396
rezonings on the public school facilities plan; and
1397
c. The monitoring and evaluation of the school concurrency
1398
system.
1399
7. Include provisions relating to amendment of the
1400
agreement.
1401
8. A process and uniform methodology for determining
1402
proportionate-share mitigation pursuant to subparagraph (e)1.
1403
(h) Local government authority.--This subsection does not
1404
limit the authority of a local government to grant or deny a
1405
development permit or its functional equivalent prior to the
1406
implementation of school concurrency.
1407
(14) RULEMAKING AUTHORITY.--The state land planning agency
1408
shall, by October 1, 1998, adopt by rule minimum criteria for the
1409
review and determination of compliance of a public school
1410
facilities element adopted by a local government for purposes of
1411
imposition of school concurrency.
1412
(15) MULTIMODAL DISTRICTS.--
1413
(a) Multimodal transportation districts may be established
1414
under a local government comprehensive plan in areas delineated
1415
on the future land use map for which the local comprehensive plan
1416
assigns secondary priority to vehicle mobility and primary
1417
priority to assuring a safe, comfortable, and attractive
1418
pedestrian environment, with convenient interconnection to
1419
transit. Such districts must incorporate community design
1420
features that will reduce the number of automobile trips or
1421
vehicle miles of travel and will support an integrated,
1422
multimodal transportation system. Prior to the designation of
1423
multimodal transportation districts, the Department of
1424
Transportation shall be consulted by the local government to
1425
assess the impact that the proposed multimodal district area is
1426
expected to have on the adopted level-of-service standards
1427
established for Strategic Intermodal System facilities, as
1428
designated in s. 339.63 defined in s. 339.64, and roadway
1429
facilities funded in accordance with s. 339.2819. Further, the
1430
local government shall, in cooperation with the Department of
1431
Transportation, develop a plan to mitigate any impacts to the
1432
Strategic Intermodal System, including the development of a long-
1433
term concurrency management system pursuant to subsection (9) and
1434
s. 163.3177(3)(d). Multimodal transportation districts existing
1435
prior to July 1, 2005, shall meet, at a minimum, the provisions
1436
of this section by July 1, 2006, or at the time of the
1437
comprehensive plan update pursuant to the evaluation and
1438
appraisal report, whichever occurs last.
1439
(b) Community design elements of such a multimodal
1440
transportation district include: a complementary mix and range of
1441
land uses, including educational, recreational, and cultural
1442
uses; interconnected networks of streets designed to encourage
1443
walking and bicycling, with traffic-calming where desirable;
1444
appropriate densities and intensities of use within walking
1445
distance of transit stops; daily activities within walking
1446
distance of residences, allowing independence to persons who do
1447
not drive; public uses, streets, and squares that are safe,
1448
comfortable, and attractive for the pedestrian, with adjoining
1449
buildings open to the street and with parking not interfering
1450
with pedestrian, transit, automobile, and truck travel modes.
1451
(c) Local governments may establish multimodal level-of-
1452
service standards that rely primarily on nonvehicular modes of
1453
transportation within the district, if when justified by an
1454
analysis demonstrating that the existing and planned community
1455
design provides will provide an adequate level of mobility within
1456
the district based upon professionally accepted multimodal level-
1457
of-service methodologies. The analysis must also demonstrate that
1458
the capital improvements required to promote community design are
1459
financially feasible over the development or redevelopment
1460
timeframe for the district and that community design features
1461
within the district provide convenient interconnection for a
1462
multimodal transportation system. Local governments may issue
1463
development permits in reliance upon all planned community design
1464
capital improvements that are financially feasible over the
1465
development or redevelopment timeframe for the district, without
1466
regard to the period of time between development or redevelopment
1467
and the scheduled construction of the capital improvements. A
1468
determination of financial feasibility shall be based upon
1469
currently available funding or funding sources that could
1470
reasonably be expected to become available over the planning
1471
period.
1472
(d) Local governments may reduce impact fees or local
1473
access fees for development within multimodal transportation
1474
districts based on the reduction of vehicle trips per household
1475
or vehicle miles of travel expected from the development pattern
1476
planned for the district.
1477
(e) By December 1, 2007, the Department of Transportation,
1478
in consultation with the state land planning agency and
1479
interested local governments, may designate a study area for
1480
conducting a pilot project to determine the benefits of and
1481
barriers to establishing a regional multimodal transportation
1482
concurrency district that extends over more than one local
1483
government jurisdiction. If designated:
1484
1. The study area must be in a county that has a population
1485
of at least 1,000 persons per square mile, be within an urban
1486
service area, and have the consent of the local governments
1487
within the study area. The Department of Transportation and the
1488
state land planning agency shall provide technical assistance.
1489
2. The local governments within the study area and the
1490
Department of Transportation, in consultation with the state land
1491
planning agency, shall cooperatively create a multimodal
1492
transportation plan that meets the requirements of this section.
1493
The multimodal transportation plan must include viable local
1494
funding options and incorporate community design features,
1495
including a range of mixed land uses and densities and
1496
intensities, which will reduce the number of automobile trips or
1497
vehicle miles of travel while supporting an integrated,
1498
multimodal transportation system.
1499
3. To effectuate the multimodal transportation concurrency
1500
district, participating local governments may adopt appropriate
1501
comprehensive plan amendments.
1502
4. The Department of Transportation, in consultation with
1503
the state land planning agency, shall submit a report by March 1,
1504
2009, to the Governor, the President of the Senate, and the
1505
Speaker of the House of Representatives on the status of the
1506
pilot project. The report must identify any factors that support
1507
or limit the creation and success of a regional multimodal
1508
transportation district including intergovernmental coordination.
1509
(16) FAIR-SHARE MITIGATION.--It is the intent of the
1510
Legislature to provide a method by which the impacts of
1511
development on transportation facilities can be mitigated by the
1512
cooperative efforts of the public and private sectors. The
1513
methodology used to calculate proportionate fair-share mitigation
1514
under this section shall be as provided for in subsection (12),
1515
or a vehicle and people miles traveled methodology or an
1516
alternative methodology identified by the local government as a
1517
part of its comprehensive plan and that ensures that development
1518
impacts on transportation facilities are mitigated.
1519
(a) By December 1, 2006, each local government shall adopt
1520
by ordinance a methodology for assessing proportionate fair-share
1521
mitigation options. By December 1, 2005, the Department of
1522
Transportation shall develop a model transportation concurrency
1523
management ordinance that has with methodologies for assessing
1524
proportionate fair-share mitigation options.
1525
(b)1. In its transportation concurrency management system,
1526
a local government shall, by December 1, 2006, include
1527
methodologies to be applied in calculating that will be applied
1528
to calculate proportionate fair-share mitigation.
1529
1. A developer may choose to satisfy all transportation
1530
concurrency requirements by contributing or paying proportionate
1531
fair-share mitigation if transportation facilities or facility
1532
segments identified as mitigation for traffic impacts are
1533
specifically identified for funding in the 5-year schedule of
1534
capital improvements in the capital improvements element of the
1535
local plan or the long-term concurrency management system or if
1536
such contributions or payments to such facilities or segments are
1537
reflected in the 5-year schedule of capital improvements in the
1538
next regularly scheduled update of the capital improvements
1539
element. Updates to the 5-year capital improvements element which
1540
reflect proportionate fair-share contributions may not be found
1541
not in compliance based on ss. 163.3164(32) and 163.3177(3) if
1542
additional contributions, payments or funding sources are
1543
reasonably anticipated during a period not to exceed 10 years to
1544
fully mitigate impacts on the transportation facilities within 10
1545
years.
1546
2. Proportionate fair-share mitigation shall be applied as
1547
a credit against impact fees to the extent that all or a portion
1548
of the proportionate fair-share mitigation is used to address the
1549
same capital infrastructure improvements contemplated by the
1550
local government's impact fee ordinance.
1551
(c) Proportionate fair-share mitigation includes, without
1552
limitation, separately or collectively, private funds,
1553
contributions of land, and construction and contribution of
1554
facilities and may include public funds as determined by the
1555
local government. Proportionate fair-share mitigation may be
1556
directed toward one or more specific transportation improvements
1557
reasonably related to the mobility demands created by the
1558
development and such improvements may address one or more modes
1559
of travel. The fair market value of the proportionate fair-share
1560
mitigation may shall not differ based on the form of mitigation.
1561
A local government may not require a development to pay more than
1562
its proportionate fair-share contribution regardless of the
1563
method of mitigation. Proportionate fair-share mitigation shall
1564
be limited to ensure that a development meeting the requirements
1565
of this section mitigates its impact on the transportation system
1566
but is not responsible for the additional cost of reducing or
1567
eliminating backlogs.
1568
(d) This subsection does not require a local government to
1569
approve a development that is not otherwise qualified for
1570
approval pursuant to the applicable local comprehensive plan and
1571
land development regulations.
1572
(e) Mitigation for development impacts to facilities on the
1573
Strategic Intermodal System made pursuant to this subsection
1574
requires the concurrence of the Department of Transportation.
1575
(f) If the funds in an adopted 5-year capital improvements
1576
element are insufficient to fully fund construction of a
1577
transportation improvement required by the local government's
1578
concurrency management system, a local government and a developer
1579
may still enter into a binding proportionate-share agreement
1580
authorizing the developer to construct that amount of development
1581
on which the proportionate share is calculated if the
1582
proportionate-share amount in the such agreement is sufficient to
1583
pay for one or more improvements which will, in the opinion of
1584
the governmental entity or entities maintaining the
1585
transportation facilities, significantly benefit the impacted
1586
transportation system. The improvements funded by the
1587
proportionate-share component must be adopted into the 5-year
1588
capital improvements schedule of the comprehensive plan at the
1589
next annual capital improvements element update. The funding of
1590
any improvements that significantly benefit the impacted
1591
transportation system satisfies concurrency requirements as a
1592
mitigation of the development's impact upon the overall
1593
transportation system even if there remains a failure of
1594
concurrency on other impacted facilities.
1595
(g) Except as provided in subparagraph (b)1., this section
1596
does may not prohibit the state land planning agency Department
1597
of Community Affairs from finding other portions of the capital
1598
improvements element amendments not in compliance as provided in
1599
this chapter.
1600
(h) The provisions of This subsection does do not apply to
1601
a development of regional impact satisfying the requirements of
1602
subsection (12).
1603
(17) TRANSPORTATION CONCURRENCY INCENTIVES.--The
1604
Legislature finds that allowing private-sector entities to
1605
finance, construct, and improve public transportation facilities
1606
can provide significant benefits to the public by facilitating
1607
transportation without the need for additional public tax
1608
revenues. In order to encourage the more efficient and proactive
1609
provision of transportation improvements by the private sector,
1610
if a developer or property owner voluntarily contributes right-
1611
of-way and physically constructs or expands a state
1612
transportation facility or segment, and such construction or
1613
expansion:
1614
(a) Improves traffic flow, capacity, or safety, the
1615
voluntary contribution may be applied as a credit for that
1616
property owner or developer against any future transportation
1617
concurrency requirements pursuant to chapter if the
1618
transportation improvement is identified in the 5-year work plan
1619
of the Department of Transportation, and such contributions and
1620
credits are set forth in a legally binding agreement executed by
1621
the property owner or developer, the local government of the
1622
jurisdiction in which the facility is located, and the Department
1623
of Transportation.
1624
(b) Is identified in the capital improvement schedule,
1625
meets the requirements in this section, and is set forth in a
1626
legally binding agreement between the property owner or developer
1627
and the applicable local government, the contribution to the
1628
local government collector and the arterial system may be applied
1629
as credit against any future transportation concurrency
1630
requirements under this chapter.
1631
(18) TRANSPORTATION MOBILITY FEE.--The Legislature finds
1632
that the existing transportation concurrency system has not
1633
adequately addressed the state's transportation needs in an
1634
effective, predictable, and equitable manner and is not producing
1635
a sustainable transportation system for the state. The current
1636
system is complex, lacks uniformity among jurisdictions, is too
1637
focused on roadways to the detriment of desired land use patterns
1638
and transportation alternatives, and frequently prevents the
1639
attainment of important growth management goals. The state,
1640
therefore, should consider a different transportation concurrency
1641
approach that uses a mobility fee based on vehicle and people
1642
miles traveled. Therefore, the Legislature directs the state land
1643
planning agency to study and develop a methodology for a mobility
1644
fee system as follows:
1645
(a) The state land planning agency, in consultation with
1646
the Department of Transportation, shall convene a study group
1647
that includes representatives from the Department of
1648
Transportation, regional planning councils, local governments,
1649
the development community, land use and transportation
1650
professionals, and the Legislature to develop a uniform mobility
1651
fee methodology for statewide application to replace the existing
1652
transportation concurrency management system. The methodology
1653
shall be based on the amount, distribution, and timing of the
1654
vehicle and people miles traveled, professionally accepted
1655
standards and practices in the fields of land use and
1656
transportation planning, and the requirements of constitutional
1657
and statutory law. The mobility fee shall be designed to provide
1658
for mobility needs, ensure that development provides mitigation
1659
for its impacts on the transportation system, and promote
1660
compact, mixed-use, and energy efficient development. The
1661
mobility fee shall be used to fund improvements to the
1662
transportation system.
1663
(b) By February 15, 2009, the state land planning agency
1664
shall provide a report to the Legislature with recommendations on
1665
an appropriate uniform mobility fee methodology and whether a
1666
mobility fee system should be applied statewide or to more
1667
limited geographic areas, for a schedule to amend comprehensive
1668
plans and land development rules to incorporate the mobility fee,
1669
for a system for collecting and allocating mobility fees among
1670
state and local transportation facilities, and whether and how
1671
mobility fees should replace, revise, or supplement
1672
transportation impact fees.
1673
(19)(17) A local government and the developer of affordable
1674
workforce housing units developed in accordance with s.
1675
380.06(19) or s. 380.0651(3) may identify an employment center or
1676
centers in close proximity to the affordable workforce housing
1677
units. If at least 50 percent of the units are occupied by an
1678
employee or employees of an identified employment center or
1679
centers, all of the affordable workforce housing units are exempt
1680
from transportation concurrency requirements, and the local
1681
government may not reduce any transportation trip-generation
1682
entitlements of an approved development-of-regional-impact
1683
development order. As used in this subsection, the term "close
1684
proximity" means 5 miles from the nearest point of the
1685
development of regional impact to the nearest point of the
1686
employment center, and the term "employment center" means a place
1687
of employment that employs at least 25 or more full-time
1688
employees.
1689
1690
Section 7. Subsection (1) of section 163.3181, Florida
1691
Statutes, is amended to read:
1692
163.3181 Public participation in the comprehensive planning
1693
process; intent; alternative dispute resolution.--
1694
(1) It is the intent of the Legislature that the public
1695
participate in the comprehensive planning process to the fullest
1696
extent possible. Towards this end, local planning agencies and
1697
local governmental units are directed to adopt procedures
1698
designed to provide effective public participation in the
1699
comprehensive planning process and to provide real property
1700
owners with notice of all official actions which will regulate
1701
the use of their property. Each local government shall adopt by
1702
ordinance requirements for the holding of a community or
1703
neighborhood meeting prior to the filing of applications for
1704
future land use map amendments consistent with the provisions of
1705
s. 163.3184(3). The provisions and procedures required in this
1706
act are set out as the minimum requirements towards this end.
1707
Section 8. Subsection (3), paragraph (a) of subsection (7),
1708
paragraphs (b) and (c) of subsection (15), and subsections (17),
1709
(18), and (19) of section 163.3184, Florida Statutes, are amended
1710
to read:
1711
163.3184 Process for adoption of comprehensive plan or plan
1712
amendment.--
1713
(3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
1714
AMENDMENT.--
1715
(a) Before the filing of an application for an amendment to
1716
the future land use map, the applicant shall conduct a noticed
1717
community or neighborhood meeting to present, discuss, and
1718
solicit public comment on the proposed map amendment. The meeting
1719
shall be noticed and conducted by the applicant in accordance
1720
with the local government's adopted regulations for such meetings
1721
and shall be held at least 30 calendar days before the filing of
1722
the application for the amendment. The application shall contain
1723
a written certification or verification that the meeting has been
1724
held and that the required notice was given. At least 15 calendar
1725
days before the local governing body holds an adoption hearing on
1726
a map amendment, the applicant shall conduct a second noticed
1727
community or neighborhood meeting to present and discuss the map
1728
amendment application as filed, including any changes made to the
1729
proposed amendment following the first community or neighborhood
1730
meeting and any additional proposed changes. Prior to the
1731
adoption hearing, the applicant shall file with the local
1732
government a written certification or verification that the
1733
second meeting has been held and noticed in accordance with the
1734
local government's adopted regulations for such meetings. This
1735
section shall be applicable to every application for a map
1736
amendment filed after January 1, 2009.
1737
(b) Each local governing body shall transmit the complete
1738
proposed comprehensive plan or plan amendment to the state land
1739
planning agency, the appropriate regional planning council and
1740
water management district, the Department of Environmental
1741
Protection, the Department of State, and the Department of
1742
Transportation, and, in the case of municipal plans, to the
1743
appropriate county, and, in the case of county plans, to the Fish
1744
and Wildlife Conservation Commission and the Department of
1745
Agriculture and Consumer Services, immediately following a public
1746
hearing pursuant to subsection (15) as specified in the state
1747
land planning agency's procedural rules. The local governing body
1748
shall also transmit a copy of the complete proposed comprehensive
1749
plan or plan amendment to any other unit of local government or
1750
government agency in the state that has filed a written request
1751
with the governing body for the plan or plan amendment. The local
1752
government may request a review by the state land planning agency
1753
pursuant to subsection (6) at the time of the transmittal of an
1754
amendment.
1755
(c)(b) A local governing body shall not transmit portions
1756
of a plan or plan amendment unless it has previously provided to
1757
all state agencies designated by the state land planning agency a
1758
complete copy of its adopted comprehensive plan pursuant to
1759
subsection (7) and as specified in the agency's procedural rules.
1760
In the case of comprehensive plan amendments, the local governing
1761
body shall transmit to the state land planning agency, the
1762
appropriate regional planning council and water management
1763
district, the Department of Environmental Protection, the
1764
Department of State, and the Department of Transportation, and,
1765
in the case of municipal plans, to the appropriate county and, in
1766
the case of county plans, to the Fish and Wildlife Conservation
1767
Commission and the Department of Agriculture and Consumer
1768
Services the materials specified in the state land planning
1769
agency's procedural rules and, in cases in which the plan
1770
amendment is a result of an evaluation and appraisal report
1771
adopted pursuant to s. 163.3191, a copy of the evaluation and
1772
appraisal report. Local governing bodies shall consolidate all
1773
proposed plan amendments into a single submission for each of the
1774
two plan amendment adoption dates during the calendar year
1775
pursuant to s. 163.3187.
1776
(d)(c) A local government may adopt a proposed plan
1777
amendment previously transmitted pursuant to this subsection,
1778
unless review is requested or otherwise initiated pursuant to
1779
subsection (6).
1780
(e)(d) In cases in which a local government transmits
1781
multiple individual amendments that can be clearly and legally
1782
separated and distinguished for the purpose of determining
1783
whether to review the proposed amendment, and the state land
1784
planning agency elects to review several or a portion of the
1785
amendments and the local government chooses to immediately adopt
1786
the remaining amendments not reviewed, the amendments immediately
1787
adopted and any reviewed amendments that the local government
1788
subsequently adopts together constitute one amendment cycle in
1789
accordance with s. 163.3187(1).
1790
(7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
1791
OR AMENDMENTS AND TRANSMITTAL.--
1792
(a) The local government shall review the written comments
1793
submitted to it by the state land planning agency, and any other
1794
person, agency, or government. Any comments, recommendations, or
1795
objections and any reply to them are shall be public documents, a
1796
part of the permanent record in the matter, and admissible in any
1797
proceeding in which the comprehensive plan or plan amendment may
1798
be at issue. The local government, upon receipt of written
1799
comments from the state land planning agency, shall have 120 days
1800
to adopt, or adopt with changes, the proposed comprehensive plan
1801
or s. 163.3191 plan amendments. In the case of comprehensive plan
1802
amendments other than those proposed pursuant to s. 163.3191, the
1803
local government shall have 60 days to adopt the amendment, adopt
1804
the amendment with changes, or determine that it will not adopt
1805
the amendment. The adoption of the proposed plan or plan
1806
amendment or the determination not to adopt a plan amendment,
1807
other than a plan amendment proposed pursuant to s. 163.3191,
1808
shall be made in the course of a public hearing pursuant to
1809
subsection (15). If a local government fails to adopt the
1810
comprehensive plan or plan amendment within the timeframe set
1811
forth in this subsection, the plan or plan amendment shall be
1812
deemed abandoned and may not be considered until the next
1813
available amendment cycle pursuant to ss. 163.3184 and 163.3187
1814
unless the state land planning agency grants a request for an
1815
extension of up to 60 days based on good and sufficient cause as
1816
determined by the agency. The local government shall transmit the
1817
complete adopted comprehensive plan or plan amendment, including
1818
the names and addresses of persons compiled pursuant to paragraph
1819
(15)(c), to the state land planning agency as specified in the
1820
agency's procedural rules within 10 working days after adoption.
1821
The local governing body shall also transmit a copy of the
1822
adopted comprehensive plan or plan amendment to the regional
1823
planning agency and to any other unit of local government or
1824
governmental agency in the state that has filed a written request
1825
with the governing body for a copy of the plan or plan amendment.
1826
(15) PUBLIC HEARINGS.--
1827
(b) The local governing body shall hold at least two
1828
advertised public hearings on the proposed comprehensive plan or
1829
plan amendment as follows:
1830
1. The first public hearing shall be held at the
1831
transmittal stage pursuant to subsection (3). It shall be held on
1832
a weekday at least 7 days after the day that the first
1833
advertisement is published.
1834
2. The second public hearing shall be held at the adoption
1835
stage pursuant to subsection (7). It shall be held on a weekday
1836
at least 5 days after the day that the second advertisement is
1837
published. Any proposed substantial or material change to the
1838
plan or amendment to be considered by the local government must
1839
be filed with the local government and made available to the
1840
public at least 5 business days before the hearing, including
1841
through the local government's website if one is maintained, as
1842
part of the adoption package. However, the local government may
1843
consider and take action on any change to the plan or amendment
1844
if the applicant and affected parties at the public hearing do
1845
not oppose the change. As part of the adoption package, the local
1846
government shall certify in writing to the state land planning
1847
agency that it has complied with this subsection.
1848
(c) The local government shall provide a sign-in form at
1849
the transmittal hearing and at the adoption hearing for persons
1850
to provide their names, and mailing and electronic addresses. The
1851
sign-in form must advise that any person providing the requested
1852
information will receive a courtesy informational statement
1853
concerning publications of the state land planning agency's
1854
notice of intent. The local government shall add to the sign-in
1855
form the name and address of any person who submits written
1856
comments concerning the proposed plan or plan amendment during
1857
the time period between the commencement of the transmittal
1858
hearing and the end of the adoption hearing. It is the
1859
responsibility of the person completing the form or providing
1860
written comments to accurately, completely, and legibly provide
1861
all information needed in order to receive the courtesy
1862
informational statement.
1863
(17) COMMUNITY VISION AND URBAN BOUNDARY PLAN
1864
AMENDMENTS.--A local government that has adopted a community
1865
vision and urban service boundary under s. 163.3177(13) and (14)
1866
may adopt a plan amendment related to map amendments solely to
1867
property within an urban service boundary in the manner described
1868
in subsections (1), (2), (7), (14), (15), and (16) and s.
1869
163.3187(1)(c)1.d. and e., 2., and 3., such that state and
1870
regional agency review is eliminated. The department may not
1871
issue an objections, recommendations, and comments report on
1872
proposed plan amendments or a notice of intent on adopted plan
1873
amendments; however, affected persons, as defined by paragraph
1874
(1)(a), may file a petition for administrative review pursuant to
1875
the requirements of s. 163.3187(3)(a) to challenge the compliance
1876
of an adopted plan amendment. This subsection does not apply to
1877
any amendment within an area of critical state concern, to any
1878
amendment that increases residential densities allowable in high-
1879
hazard coastal areas as defined in s. 163.3178(2)(h), or to a
1880
text change to the goals, policies, or objectives of the local
1881
government's comprehensive plan. Amendments submitted under this
1882
subsection are exempt from the limitation on the frequency of
1883
plan amendments in s. 163.3187.
1884
(17)(18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.--A
1885
municipality that has a designated urban infill and redevelopment
1886
area under s. 163.2517 may adopt a plan amendment related to map
1887
amendments solely to property within a designated urban infill
1888
and redevelopment area in the manner described in subsections
1889
(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(d)1.d.
1890
163.3187(1)(c)1.d. and e., 2., and 3., such that state and
1891
regional agency review is eliminated. The department may not
1892
issue an objections, recommendations, and comments report on
1893
proposed plan amendments or a notice of intent on adopted plan
1894
amendments; however, affected persons, as defined in subsection
1895
(1) by paragraph (1)(a), may file a petition for administrative
1896
review pursuant to the requirements of s. 163.3187(3)(a) to
1897
challenge the compliance of an adopted plan amendment. This
1898
subsection does not apply to any amendment within an area of
1899
critical state concern, to any amendment that increases
1900
residential densities allowable in high-hazard coastal areas as
1901
defined in s. 163.3178(2)(h), or to a text change to the goals,
1902
policies, or objectives of the local government's comprehensive
1903
plan. Amendments submitted under this subsection are exempt from
1904
the limitation on the frequency of plan amendments in s.
1905
163.3187.
1906
(18)(19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.--Any
1907
local government that identifies in its comprehensive plan the
1908
types of housing developments and conditions for which it will
1909
consider plan amendments that are consistent with the local
1910
housing incentive strategies identified in s. 420.9076 and
1911
authorized by the local government may expedite consideration of
1912
such plan amendments. At least 30 days before prior to adopting a
1913
plan amendment pursuant to this subsection, the local government
1914
shall notify the state land planning agency of its intent to
1915
adopt such an amendment, and the notice shall include the local
1916
government's evaluation of site suitability and availability of
1917
facilities and services. A plan amendment considered under this
1918
subsection shall require only a single public hearing before the
1919
local governing body, which shall be a plan amendment adoption
1920
hearing as described in subsection (7). The public notice of the
1921
hearing required under subparagraph (15)(b)2. must include a
1922
statement that the local government intends to use the expedited
1923
adoption process authorized under this subsection. The state land
1924
planning agency shall issue its notice of intent required under
1925
subsection (8) within 30 days after determining that the
1926
amendment package is complete. Any further proceedings are shall
1927
be governed by subsections (9)-(16).
1928
Section 9. Section 163.3187, Florida Statutes, is amended
1929
to read:
1930
163.3187 Amendment of adopted comprehensive plan.--
1931
(1) Comprehensive plan amendments may be adopted by simple
1932
majority vote of the governing body of the local government
1933
except:
1934
(a) A super majority vote of the members of the governing
1935
body of the local government present at the hearing is required
1936
to adopt a future land use map amendment that the local planning
1937
agency has recommended not be adopted; and
1938
(b) A super majority vote of the members of the governing
1939
body of the local government present at the hearing is required
1940
to adopt any text amendment except for special area text policies
1941
associated with a future land use map amendment, text amendments
1942
to the schedule of capital improvements, and text amendments that
1943
implement recommendations in an evaluation and appraisal report,
1944
or implement a new statutory requirement.
1945
(2) Amendments to comprehensive plans adopted pursuant to
1946
this part may not be made not more than once two times during any
1947
calendar year, except:
1948
(a) A local government may adopt the following
1949
comprehensive plan amendments once per calendar year in addition
1950
to the once-per-year adoption referenced immediately above:
1951
1. Future land use map amendments and special area policies
1952
associated with those map amendments for land within areas
1953
designated in the comprehensive plan for downtown revitalization
1954
pursuant to s. 163.3164(25), urban redevelopment pursuant to s.
1955
163.3164(26), urban infill development pursuant to s.
1956
163.3164(27), urban infill and redevelopment pursuant to s.
1957
163.2517, or an urban service area pursuant to s.
1958
163.3180(5)(b)5.
1959
2. Any local government comprehensive plan amendment
1960
establishing or implementing a rural land stewardship area
1961
pursuant to s.163.3177(11)(d) or a sector plan pursuant to s.
1962
163.3245.
1963
(b)(a) In the case of an emergency, comprehensive plan
1964
amendments may be made more often than once twice during the
1965
calendar year if the additional plan amendment receives the
1966
approval of all of the members of the governing body. "Emergency"
1967
means any occurrence or threat thereof whether accidental or
1968
natural, caused by humankind, in war or peace, which results or
1969
may result in substantial injury or harm to the population or
1970
substantial damage to or loss of property or public funds.
1971
(c)(b) Any Local government comprehensive plan amendments
1972
directly related to a proposed development of regional impact,
1973
including changes that are which have been determined to be
1974
substantial deviations or are and including Florida Quality
1975
Developments designations pursuant to s. 380.061, may be
1976
initiated by a local planning agency and considered by the local
1977
governing body at the same time as the application for
1978
development approval using the procedures provided for local plan
1979
amendment in this section and applicable local ordinances,
1980
without regard to statutory or local ordinance limits on the
1981
frequency of consideration of amendments to the local
1982
comprehensive plan. Nothing in this subsection shall be deemed to
1983
require favorable consideration of a plan amendment solely
1984
because it is related to a development of regional impact.
1985
(d)(c) Any Local government comprehensive plan amendments
1986
directly related to proposed small scale development activities
1987
may be approved without regard to statutory limits on the
1988
frequency of consideration of amendments to the local
1989
comprehensive plan. A small scale development amendment may be
1990
adopted only under the following conditions:
1991
1. The proposed amendment involves a use of 10 acres or
1992
less fewer and:
1993
a. The cumulative annual effect of the acreage for all
1994
small scale development amendments adopted by the local
1995
government does shall not exceed:
1996
(I) A maximum of 120 acres in a local government that
1997
contains areas specifically designated in the local comprehensive
1998
plan for urban infill, urban redevelopment, or downtown
1999
revitalization as defined in s. 163.3164, urban infill and
2000
redevelopment areas designated under s. 163.2517, transportation
2001
concurrency exception areas approved pursuant to s. 163.3180(5),
2002
or regional activity centers and urban central business districts
2003
approved pursuant to s. 380.06(2)(e); however, amendments under
2004
this paragraph may be applied to no more than 60 acres annually
2005
of property outside the designated areas listed in this sub-sub-
2006
subparagraph. Amendments adopted pursuant to paragraph (k) shall
2007
not be counted toward the acreage limitations for small scale
2008
amendments under this paragraph.
2009
(II) A maximum of 80 acres in a local government that does
2010
not contain any of the designated areas set forth in sub-sub-
2011
subparagraph (I).
2012
(III) A maximum of 120 acres in a county established
2013
pursuant to s. 9, Art. VIII of the State Constitution.
2014
b. The proposed amendment does not involve the same
2015
property granted a change within the prior 12 months.
2016
c. The proposed amendment does not involve the same owner's
2017
property within 200 feet of property granted a change within the
2018
prior 12 months.
2019
d. The proposed amendment does not involve a text change to
2020
the goals, policies, and objectives of the local government's
2021
comprehensive plan, but only proposes a land use change to the
2022
future land use map for a site-specific small scale development
2023
activity.
2024
e. The property that is the subject of the proposed
2025
amendment is not located within an area of critical state
2026
concern, unless the project subject to the proposed amendment
2027
involves the construction of affordable housing units meeting the
2028
criteria of s. 420.0004(3), and is located within an area of
2029
critical state concern designated by s. 380.0552 or by the
2030
Administration Commission pursuant to s. 380.05(1). Such
2031
amendment is not subject to the density limitations of sub-
2032
subparagraph f., and shall be reviewed by the state land planning
2033
agency for consistency with the principles for guiding
2034
development applicable to the area of critical state concern
2035
where the amendment is located and is shall not become effective
2036
until a final order is issued under s. 380.05(6).
2037
f. If the proposed amendment involves a residential land
2038
use, the residential land use has a density of 10 units or less
2039
per acre or the proposed future land use category allows a
2040
maximum residential density of the same or less than the maximum
2041
residential density allowable under the existing future land use
2042
category, except that this limitation does not apply to small
2043
scale amendments involving the construction of affordable housing
2044
units meeting the criteria of s. 420.0004(3) on property which
2045
will be the subject of a land use restriction agreement, or small
2046
scale amendments described in sub-sub-subparagraph a.(I) that are
2047
designated in the local comprehensive plan for urban infill,
2048
urban redevelopment, or downtown revitalization as defined in s.
2049
163.3164, urban infill and redevelopment areas designated under
2050
s. 163.2517, transportation concurrency exception areas approved
2051
pursuant to s. 163.3180(5), or regional activity centers and
2052
urban central business districts approved pursuant to s.
2053
380.06(2)(e).
2054
2.a. A local government that proposes to consider a plan
2055
amendment pursuant to this paragraph is not required to comply
2056
with the procedures and public notice requirements of s.
2057
163.3184(15)(c) for such plan amendments if the local government
2058
complies with the provisions in s. 125.66(4)(a) for a county or
2059
in s. 166.041(3)(c) for a municipality. If a request for a plan
2060
amendment under this paragraph is initiated by other than the
2061
local government, public notice is required.
2062
b. The local government shall send copies of the notice and
2063
amendment to the state land planning agency, the regional
2064
planning council, and any other person or entity requesting a
2065
copy. This information shall also include a statement identifying
2066
any property subject to the amendment that is located within a
2067
coastal high-hazard area as identified in the local comprehensive
2068
plan.
2069
3. Small scale development amendments adopted pursuant to
2070
this paragraph require only one public hearing before the
2071
governing board, which shall be an adoption hearing as described
2072
in s. 163.3184(7), and are not subject to the requirements of s.
2073
163.3184(3)-(6) unless the local government elects to have them
2074
subject to those requirements.
2075
4. If the small scale development amendment involves a site
2076
within an area that is designated by the Governor as a rural area
2077
of critical economic concern under s. 288.0656(7) for the
2078
duration of such designation, the 10-acre limit listed in
2079
subparagraph 1. shall be increased by 100 percent to 20 acres.
2080
The local government approving the small scale plan amendment
2081
shall certify to the Office of Tourism, Trade, and Economic
2082
Development that the plan amendment furthers the economic
2083
objectives set forth in the executive order issued under s.
2084
288.0656(7), and the property subject to the plan amendment shall
2085
undergo public review to ensure that all concurrency requirements
2086
and federal, state, and local environmental permit requirements
2087
are met.
2088
(e)(d) Any comprehensive plan amendment required by a
2089
compliance agreement pursuant to s. 163.3184(16) may be approved
2090
without regard to statutory limits on the frequency of adoption
2091
of amendments to the comprehensive plan.
2092
(e) A comprehensive plan amendment for location of a state
2093
correctional facility. Such an amendment may be made at any time
2094
and does not count toward the limitation on the frequency of plan
2095
amendments.
2096
(f) Any comprehensive plan amendment that changes the
2097
schedule in the capital improvements element, and any amendments
2098
directly related to the schedule, may be made once in a calendar
2099
year on a date different from the one time two times provided in
2100
this subsection if when necessary to coincide with the adoption
2101
of the local government's budget and capital improvements
2102
program.
2103
(g) Any local government comprehensive plan amendments
2104
directly related to proposed redevelopment of brownfield areas
2105
designated under s. 376.80 may be approved without regard to
2106
statutory limits on the frequency of consideration of amendments
2107
to the local comprehensive plan.
2108
(h) Any comprehensive plan amendments for port
2109
transportation facilities and projects that are eligible for
2110
funding by the Florida Seaport Transportation and Economic
2111
Development Council pursuant to s. 311.07.
2112
(i) A comprehensive plan amendment for the purpose of
2113
designating an urban infill and redevelopment area under s.
2114
163.2517 may be approved without regard to the statutory limits
2115
on the frequency of amendments to the comprehensive plan.
2116
(h)(j) Any comprehensive plan amendment to establish public
2117
school concurrency pursuant to s. 163.3180(13), including, but
2118
not limited to, adoption of a public school facilities element
2119
pursuant to s. 163.3177(12) and adoption of amendments to the
2120
capital improvements element and intergovernmental coordination
2121
element. In order to ensure the consistency of local government
2122
public school facilities elements within a county, such elements
2123
must shall be prepared and adopted on a similar time schedule.
2124
(i) A local government comprehensive plan amendment adopted
2125
pursuant to a final order issued by the Administration Commission
2126
or Florida Land and Water Adjudicatory Commission.
2127
(j) A future land use map amendment of up to 20 acres
2128
within an area designated by the Governor as a rural area of
2129
critical economic concern under s. 288.0656(7) for the duration
2130
of such designation. Before the adoption of such an amendment,
2131
the local government shall obtain from the Office of Tourism,
2132
Trade, and Economic Development written certification that the
2133
plan amendment furthers the economic objectives set forth in the
2134
executive order issued under s. 288.0656(7). The property subject
2135
to the plan amendment is subject to all concurrency requirements
2136
and federal, state, and local environmental permit requirements.
2137
(k) A future land use map amendment and any associated
2138
special area policies that are for affordable housing and qualify
2139
for expedited review under s. 163.32461.
2140
(k) A local comprehensive plan amendment directly related
2141
to providing transportation improvements to enhance life safety
2142
on Controlled Access Major Arterial Highways identified in the
2143
Florida Intrastate Highway System, in counties as defined in s.
2144
125.011, where such roadways have a high incidence of traffic
2145
accidents resulting in serious injury or death. Any such
2146
amendment shall not include any amendment modifying the
2147
designation on a comprehensive development plan land use map nor
2148
any amendment modifying the allowable densities or intensities of
2149
any land.
2150
(l) A comprehensive plan amendment to adopt a public
2151
educational facilities element pursuant to s. 163.3177(12) and
2152
future land-use-map amendments for school siting may be approved
2153
notwithstanding statutory limits on the frequency of adopting
2154
plan amendments.
2155
(m) A comprehensive plan amendment that addresses criteria
2156
or compatibility of land uses adjacent to or in close proximity
2157
to military installations in a local government's future land use
2158
element does not count toward the limitation on the frequency of
2159
the plan amendments.
2160
(n) Any local government comprehensive plan amendment
2161
establishing or implementing a rural land stewardship area
2162
pursuant to the provisions of s. 163.3177(11)(d).
2163
(o) A comprehensive plan amendment that is submitted by an
2164
area designated by the Governor as a rural area of critical
2165
economic concern under s. 288.0656(7) and that meets the economic
2166
development objectives may be approved without regard to the
2167
statutory limits on the frequency of adoption of amendments to
2168
the comprehensive plan.
2169
(p) Any local government comprehensive plan amendment that
2170
is consistent with the local housing incentive strategies
2171
identified in s. 420.9076 and authorized by the local government.
2172
(3)(2) Comprehensive plans may only be amended in such a
2173
way as to preserve the internal consistency of the plan pursuant
2174
to s. 163.3177(2). Corrections, updates, or modifications of
2175
current costs which were set out as part of the comprehensive
2176
plan shall not, for the purposes of this act, be deemed to be
2177
amendments.
2178
(4)(3)(a) The state land planning agency shall not review
2179
or issue a notice of intent for small scale development
2180
amendments which satisfy the requirements of paragraph (2)(d)
2181
(1)(c). Any affected person may file a petition with the Division
2182
of Administrative Hearings pursuant to ss. 120.569 and 120.57 to
2183
request a hearing to challenge the compliance of a small scale
2184
development amendment with this act within 30 days following the
2185
local government's adoption of the amendment, shall serve a copy
2186
of the petition on the local government, and shall furnish a copy
2187
to the state land planning agency. An administrative law judge
2188
shall hold a hearing in the affected jurisdiction not less than
2189
30 days nor more than 60 days following the filing of a petition
2190
and the assignment of an administrative law judge. The parties to
2191
a hearing held pursuant to this subsection are shall be the
2192
petitioner, the local government, and any intervenor. In the
2193
proceeding, the local government's determination that the small
2194
scale development amendment is in compliance is presumed to be
2195
correct. The local government's determination shall be sustained
2196
unless it is shown by a preponderance of the evidence that the
2197
amendment is not in compliance with the requirements of this act.
2198
In any proceeding initiated pursuant to this subsection, the
2199
state land planning agency may intervene.
2200
(b)1. If the administrative law judge recommends that the
2201
small scale development amendment be found not in compliance, the
2202
administrative law judge shall submit the recommended order to
2203
the Administration Commission for final agency action. If the
2204
administrative law judge recommends that the small scale
2205
development amendment be found in compliance, the administrative
2206
law judge shall submit the recommended order to the state land
2207
planning agency.
2208
2. If the state land planning agency determines that the
2209
plan amendment is not in compliance, the agency shall submit,
2210
within 30 days following its receipt, the recommended order to
2211
the Administration Commission for final agency action. If the
2212
state land planning agency determines that the plan amendment is
2213
in compliance, the agency shall enter a final order within 30
2214
days following its receipt of the recommended order.
2215
(c) Small scale development amendments are shall not become
2216
effective until 31 days after adoption. If challenged within 30
2217
days after adoption, small scale development amendments are shall
2218
not become effective until the state land planning agency or the
2219
Administration Commission, respectively, issues a final order
2220
determining that the adopted small scale development amendment is
2221
in compliance. However, such an amendment is not effective until
2222
the state land planning agency has certified to the local
2223
government that the amendment qualifies as a small scale
2224
development amendment under this subsection. The state land
2225
planning agency must provide this certification or the reason why
2226
the amendment does not qualify to the local government in writing
2227
within 30 days after receipt of the amendment from the local
2228
government pursuant to s. 163.3187(1)(d)2.b.
2229
(5)(4) Each governing body shall transmit to the state land
2230
planning agency a current copy of its comprehensive plan not
2231
later than December 1, 1985. Each governing body shall also
2232
transmit copies of any amendments it adopts to its comprehensive
2233
plan so as to continually update the plans on file with the state
2234
land planning agency.
2235
(6)(5) Nothing in this part is intended to prohibit or
2236
limit the authority of local governments to require that a person
2237
requesting an amendment pay some or all of the cost of public
2238
notice.
2239
(7)(6)(a) A No local government may not amend its
2240
comprehensive plan after the date established by the state land
2241
planning agency for adoption of its evaluation and appraisal
2242
report unless it has submitted its report or addendum to the
2243
state land planning agency as prescribed by s. 163.3191, except
2244
for plan amendments described in paragraph (2)(c) (1)(b) or
2245
paragraph (2)(g) (1)(h).
2246
(b) A local government may amend its comprehensive plan
2247
after it has submitted its adopted evaluation and appraisal
2248
report and for a period of 1 year after the initial determination
2249
of sufficiency regardless of whether the report has been
2250
determined to be insufficient.
2251
(c) A local government may not amend its comprehensive
2252
plan, except for plan amendments described in paragraph (2)(c)
2253
(1)(b), if the 1-year period after the initial sufficiency
2254
determination of the report has expired and the report has not
2255
been determined to be sufficient.
2256
(d) When the state land planning agency has determined that
2257
the report has sufficiently addressed all pertinent provisions of
2258
s. 163.3191, the local government may amend its comprehensive
2259
plan without the limitations imposed by paragraph (a) or
2260
paragraph (c).
2261
(e) Any plan amendment which a local government attempts to
2262
adopt in violation of paragraph (a) or paragraph (c) is invalid,
2263
but such invalidity may be overcome if the local government
2264
readopts the amendment and transmits the amendment to the state
2265
land planning agency pursuant to s. 163.3184(7) after the report
2266
is determined to be sufficient.
2267
Section 10. Section 163.3245, Florida Statutes, is amended
2268
to read:
2269
163.3245 Optional sector plans.--
2270
(1) In recognition of the benefits of large-scale
2271
conceptual long-range planning for the buildout of an area, and
2272
detailed planning for specific areas, as a demonstration project,
2273
the requirements of s. 380.06 may be addressed as identified by
2274
this section for up to five local governments or combinations of
2275
local governments may which adopt into their the comprehensive
2276
plans plan an optional sector plan in accordance with this
2277
section. This section is intended to further the intent of s.
2278
163.3177(11), which supports innovative and flexible planning and
2279
development strategies, and the purposes of this part, and part I
2280
of chapter 380, and to avoid duplication of effort in terms of
2281
the level of data and analysis required for a development of
2282
regional impact, while ensuring the adequate mitigation of
2283
impacts to applicable regional resources and facilities,
2284
including those within the jurisdiction of other local
2285
governments, as would otherwise be provided. Optional sector
2286
plans are intended for substantial geographic areas which include
2287
including at least 10,000 contiguous 5,000 acres of one or more
2288
local governmental jurisdictions and are to emphasize urban form
2289
and protection of regionally significant resources and
2290
facilities. The state land planning agency may approve optional
2291
sector plans of less than 5,000 acres based on local
2292
circumstances if it is determined that the plan would further the
2293
purposes of this part and part I of chapter 380. Preparation of
2294
an optional sector plan is authorized by agreement between the
2295
state land planning agency and the applicable local governments
2296
under s. 163.3171(4). An optional sector plan may be adopted
2297
through one or more comprehensive plan amendments under s.
2298
163.3184. However, an optional sector plan may not be authorized
2299
in an area of critical state concern.
2300
(2) The state land planning agency may enter into an
2301
agreement to authorize preparation of an optional sector plan
2302
upon the request of one or more local governments based on
2303
consideration of problems and opportunities presented by existing
2304
development trends; the effectiveness of current comprehensive
2305
plan provisions; the potential to further the state comprehensive
2306
plan, applicable strategic regional policy plans, this part, and
2307
part I of chapter 380; and those factors identified by s.
2308
163.3177(10)(i). The applicable regional planning council shall
2309
conduct a scoping meeting with affected local governments and
2310
those agencies identified in s. 163.3184(4) before the local
2311
government may consider the sector plan amendments for
2312
transmittal execution of the agreement authorized by this
2313
section. The purpose of this meeting is to assist the state land
2314
planning agency and the local government in identifying the
2315
identification of the relevant planning issues to be addressed
2316
and the data and resources available to assist in the preparation
2317
of the subsequent plan amendments. The regional planning council
2318
shall make written recommendations to the state land planning
2319
agency and affected local governments relating to , including
2320
whether a sustainable sector plan would be appropriate. The
2321
agreement must define the geographic area to be subject to the
2322
sector plan, the planning issues that will be emphasized,
2323
requirements for intergovernmental coordination to address
2324
extrajurisdictional impacts, supporting application materials
2325
including data and analysis, and procedures for public
2326
participation. An agreement may address previously adopted sector
2327
plans that are consistent with the standards in this section.
2328
Before executing an agreement under this subsection, the local
2329
government shall hold a duly noticed public workshop to review
2330
and explain to the public the optional sector planning process
2331
and the terms and conditions of the proposed agreement. The local
2332
government shall hold a duly noticed public hearing to execute
2333
the agreement. All meetings between the state land planning
2334
agency department and the local government must be open to the
2335
public.
2336
(3) Optional sector planning encompasses two levels:
2337
adoption under s. 163.3184 of a conceptual long-term overlay plan
2338
as part of buildout overlay to the comprehensive plan, having no
2339
immediate effect on the issuance of development orders or the
2340
applicability of s. 380.06, and adoption under s. 163.3184 of
2341
detailed specific area plans that implement the conceptual long-
2342
term overlay plan buildout overlay and authorize issuance of
2343
development orders, and within which s. 380.06 is waived. Upon
2344
adoption of a conceptual long-term overlay plan, the underlying
2345
future land use designations may be used only if consistent with
2346
the plan and its implementing goals, objectives, and policies.
2347
Until such time as a detailed specific area plan is adopted, the
2348
underlying future land use designations apply.
2349
(a) In addition to the other requirements of this chapter,
2350
a conceptual long-term overlay plan adopted pursuant to s.
2351
163.3184 buildout overlay must include maps and text supported by
2352
data and analysis that address the following:
2353
1. A long-range conceptual overlay plan framework map that,
2354
at a minimum, identifies the maximum and minimum amounts,
2355
densities, intensities, and types of allowable development and
2356
generally depicts anticipated areas of urban, agricultural,
2357
rural, and conservation land use.
2358
2. A general identification of regionally significant
2359
public facilities consistent with chapter 9J-2, Florida
2360
Administrative Code, irrespective of local governmental
2361
jurisdiction, necessary to support buildout of the anticipated
2362
future land uses, and policies setting forth the procedures to be
2363
used to address and mitigate these impacts as part of the
2364
adoption of detailed specific area plans.
2365
3. A general identification of regionally significant
2366
natural resources and policies ensuring the protection and
2367
conservation of these resources consistent with chapter 9J-2,
2368
Florida Administrative Code.
2369
4. Principles and guidelines that address the urban form
2370
and interrelationships of anticipated future land uses, and a
2371
discussion, at the applicant's option, of the extent, if any, to
2372
which the plan will address restoring key ecosystems, achieving a
2373
more clean, healthy environment, limiting urban sprawl within the
2374
sector plan and surrounding area, providing affordable and
2375
workforce housing, promoting energy efficient land use patterns,
2376
protecting wildlife and natural areas, advancing the efficient
2377
use of land and other resources, and creating quality communities
2378
and jobs.
2379
5. Identification of general procedures to ensure
2380
intergovernmental coordination to address extrajurisdictional
2381
impacts from the long-range conceptual overlay framework map.
2382
(b) In addition to the other requirements of this chapter,
2383
including those in paragraph (a), the detailed specific area
2384
plans must include:
2385
1. An area of adequate size to accommodate a level of
2386
development which achieves a functional relationship between a
2387
full range of land uses within the area and encompasses to
2388
encompass at least 1,000 acres. The state land planning agency
2389
may approve detailed specific area plans of less than 1,000 acres
2390
based on local circumstances if it is determined that the plan
2391
furthers the purposes of this part and part I of chapter 380.
2392
2. Detailed identification and analysis of the minimum and
2393
maximum amounts, densities, intensities, distribution, extent,
2394
and location of future land uses.
2395
3. Detailed identification of regionally significant public
2396
facilities, including public facilities outside the jurisdiction
2397
of the host local government, anticipated impacts of future land
2398
uses on those facilities, and required improvements consistent
2399
with the policies accompanying the plan and, for transportation,
2400
with rule 9J-2.045 chapter 9J-2, Florida Administrative Code.
2401
4. Public facilities necessary for the short term,
2402
including developer contributions in a financially feasible 5-
2403
year capital improvement schedule of the affected local
2404
government.
2405
5. Detailed analysis and identification of specific
2406
measures to assure the protection of regionally significant
2407
natural resources and other important resources both within and
2408
outside the host jurisdiction, including those regionally
2409
significant resources identified in chapter 9J-2, Florida
2410
Administrative Code.
2411
6. Principles and guidelines that address the urban form
2412
and interrelationships of anticipated future land uses and a
2413
discussion, at the applicant's option, of the extent, if any, to
2414
which the plan will address restoring key ecosystems, achieving a
2415
more clean, healthy environment, limiting urban sprawl, providing
2416
affordable and workforce housing, promoting energy efficient land
2417
use patterns, protecting wildlife and natural areas, advancing
2418
the efficient use of land and other resources, and creating
2419
quality communities and jobs.
2420
7. Identification of specific procedures to ensure
2421
intergovernmental coordination that addresses to address
2422
extrajurisdictional impacts of the detailed specific area plan.
2423
(c) This subsection does may not be construed to prevent
2424
preparation and approval of the optional sector plan and detailed
2425
specific area plan concurrently or in the same submission.
2426
(4) The host local government shall submit a monitoring
2427
report to the state land planning agency and applicable regional
2428
planning council on an annual basis after adoption of a detailed
2429
specific area plan. The annual monitoring report must provide
2430
summarized information on development orders issued, development
2431
that has occurred, public facility improvements made, and public
2432
facility improvements anticipated over the upcoming 5 years.
2433
(5) If When a plan amendment adopting a detailed specific
2434
area plan has become effective under ss. 163.3184 and
2435
163.3189(2), the provisions of s. 380.06 do not apply to
2436
development within the geographic area of the detailed specific
2437
area plan. However, any development-of-regional-impact
2438
development order that is vested from the detailed specific area
2439
plan may be enforced under s. 380.11.
2440
(a) The local government adopting the detailed specific
2441
area plan is primarily responsible for monitoring and enforcing
2442
the detailed specific area plan. Local governments may shall not
2443
issue any permits or approvals or provide any extensions of
2444
services to development that are not consistent with the detailed
2445
sector area plan.
2446
(b) If the state land planning agency has reason to believe
2447
that a violation of any detailed specific area plan, or of any
2448
agreement entered into under this section, has occurred or is
2449
about to occur, it may institute an administrative or judicial
2450
proceeding to prevent, abate, or control the conditions or
2451
activity creating the violation, using the procedures in s.
2452
380.11.
2453
(c) In instituting an administrative or judicial proceeding
2454
involving an optional sector plan or detailed specific area plan,
2455
including a proceeding pursuant to paragraph (b), the complaining
2456
party shall comply with the requirements of s. 163.3215(4), (5),
2457
(6), and (7).
2458
(6) Beginning December 1, 1999, and each year thereafter,
2459
the department shall provide a status report to the Legislative
2460
Committee on Intergovernmental Relations regarding each optional
2461
sector plan authorized under this section.
2462
(5)(7) This section does may not be construed to abrogate
2463
the rights of any person under this chapter.
2464
Section 11. Section 163.3246, Florida Statutes, is amended
2465
to read:
2466
163.3246 Local Government Comprehensive Planning
2467
Certification Program.--
2468
(1) The Legislature finds that There is created the Local
2469
Government Comprehensive Planning Certification Program has had a
2470
low level of interest from and participation by local
2471
governments. New approaches, such as the Alternative State Review
2472
Process Pilot Program, provide a more effective approach to
2473
expediting and streamlining comprehensive plan amendment review.
2474
Therefore, the Local Government Comprehensive Planning
2475
Certification Program is discontinued and no additional local
2476
governments may be certified. The municipalities of Freeport,
2477
Lakeland, Miramar, and Orlando may continue to adopt amendments
2478
in accordance with this section and their certification agreement
2479
or certification notice. to be administered by the Department of
2480
Community Affairs. The purpose of the program is to create a
2481
certification process for local governments who identify a
2482
geographic area for certification within which they commit to
2483
directing growth and who, because of a demonstrated record of
2484
effectively adopting, implementing, and enforcing its
2485
comprehensive plan, the level of technical planning experience
2486
exhibited by the local government, and a commitment to implement
2487
exemplary planning practices, require less state and regional
2488
oversight of the comprehensive plan amendment process. The
2489
purpose of the certification area is to designate areas that are
2490
contiguous, compact, and appropriate for urban growth and
2491
development within a 10-year planning timeframe. Municipalities
2492
and counties are encouraged to jointly establish the
2493
certification area, and subsequently enter into joint
2494
certification agreement with the department.
2495
(2) In order to be eligible for certification under the
2496
program, the local government must:
2497
(a) Demonstrate a record of effectively adopting,
2498
implementing, and enforcing its comprehensive plan;
2499
(b) Demonstrate technical, financial, and administrative
2500
expertise to implement the provisions of this part without state
2501
oversight;
2502
(c) Obtain comments from the state and regional review
2503
agencies regarding the appropriateness of the proposed
2504
certification;
2505
(d) Hold at least one public hearing soliciting public
2506
input concerning the local government's proposal for
2507
certification; and
2508
(e) Demonstrate that it has adopted programs in its local
2509
comprehensive plan and land development regulations which:
2510
1. Promote infill development and redevelopment, including
2511
prioritized and timely permitting processes in which applications
2512
for local development permits within the certification area are
2513
acted upon expeditiously for proposed development that is
2514
consistent with the local comprehensive plan.
2515
2. Promote the development of housing for low-income and
2516
very-low-income households or specialized housing to assist
2517
elderly and disabled persons to remain at home or in independent
2518
living arrangements.
2519
3. Achieve effective intergovernmental coordination and
2520
address the extrajurisdictional effects of development within the
2521
certified area.
2522
4. Promote economic diversity and growth while encouraging
2523
the retention of rural character, where rural areas exist, and
2524
the protection and restoration of the environment.
2525
5. Provide and maintain public urban and rural open space
2526
and recreational opportunities.
2527
6. Manage transportation and land uses to support public
2528
transit and promote opportunities for pedestrian and nonmotorized
2529
transportation.
2530
7. Use design principles to foster individual community
2531
identity, create a sense of place, and promote pedestrian-
2532
oriented safe neighborhoods and town centers.
2533
8. Redevelop blighted areas.
2534
9. Adopt a local mitigation strategy and have programs to
2535
improve disaster preparedness and the ability to protect lives
2536
and property, especially in coastal high-hazard areas.
2537
10. Encourage clustered, mixed-use development that
2538
incorporates greenspace and residential development within
2539
walking distance of commercial development.
2540
11. Encourage urban infill at appropriate densities and
2541
intensities and separate urban and rural uses and discourage
2542
urban sprawl while preserving public open space and planning for
2543
buffer-type land uses and rural development consistent with their
2544
respective character along and outside the certification area.
2545
12. Assure protection of key natural areas and agricultural
2546
lands that are identified using state and local inventories of
2547
natural areas. Key natural areas include, but are not limited to:
2548
a. Wildlife corridors.
2549
b. Lands with high native biological diversity, important
2550
areas for threatened and endangered species, species of special
2551
concern, migratory bird habitat, and intact natural communities.
2552
c. Significant surface waters and springs, aquatic
2553
preserves, wetlands, and outstanding Florida waters.
2554
d. Water resources suitable for preservation of natural
2555
systems and for water resource development.
2556
e. Representative and rare native Florida natural systems.
2557
13. Ensure the cost-efficient provision of public
2558
infrastructure and services.
2559
(3) Portions of local governments located within areas of
2560
critical state concern cannot be included in a certification
2561
area.
2562
(4) A local government or group of local governments
2563
seeking certification of all or part of a jurisdiction or
2564
jurisdictions must submit an application to the department which
2565
demonstrates that the area sought to be certified meets the
2566
criteria of subsections (2) and (5). The application shall
2567
include copies of the applicable local government comprehensive
2568
plan, land development regulations, interlocal agreements, and
2569
other relevant information supporting the eligibility criteria
2570
for designation. Upon receipt of a complete application, the
2571
department must provide the local government with an initial
2572
response to the application within 90 days after receipt of the
2573
application.
2574
(5) If the local government meets the eligibility criteria
2575
of subsection (2), the department shall certify all or part of a
2576
local government by written agreement, which shall be considered
2577
final agency action subject to challenge under s. 120.569.
2578
(1) The agreement or notice must include the following
2579
components:
2580
(a) The basis for certification.
2581
(b) The boundary of the certification area, which
2582
encompasses areas that are contiguous, compact, appropriate for
2583
urban growth and development, and in which public infrastructure
2584
exists is existing or is planned within a 10-year planning
2585
timeframe. The certification area must is required to include
2586
sufficient land to accommodate projected population growth,
2587
housing demand, including choice in housing types and
2588
affordability, job growth and employment, appropriate densities
2589
and intensities of use to be achieved in new development and
2590
redevelopment, existing or planned infrastructure, including
2591
transportation and central water and sewer facilities. The
2592
certification area must be adopted as part of the local
2593
government's comprehensive plan.
2594
(c) A demonstration that the capital improvements plan
2595
governing the certified area is updated annually.
2596
(d) A visioning plan or a schedule for the development of a
2597
visioning plan.
2598
(e) A description of baseline conditions related to the
2599
evaluation criteria in paragraph (g) in the certified area.
2600
(f) A work program setting forth specific planning
2601
strategies and projects that will be undertaken to achieve
2602
improvement in the baseline conditions as measured by the
2603
criteria identified in paragraph (g).
2604
(g) Criteria to evaluate the effectiveness of the
2605
certification process in achieving the community-development
2606
goals for the certification area including:
2607
1. Measuring the compactness of growth, expressed as the
2608
ratio between population growth and land consumed;
2609
2. Increasing residential density and intensities of use;
2610
3. Measuring and reducing vehicle miles traveled and
2611
increasing the interconnectedness of the street system,
2612
pedestrian access, and mass transit;
2613
4. Measuring the balance between the location of jobs and
2614
housing;
2615
5. Improving the housing mix within the certification area,
2616
including the provision of mixed-use neighborhoods, affordable
2617
housing, and the creation of an affordable housing program if
2618
such a program is not already in place;
2619
6. Promoting mixed-use developments as an alternative to
2620
single-purpose centers;
2621
7. Promoting clustered development having dedicated open
2622
space;
2623
8. Linking commercial, educational, and recreational uses
2624
directly to residential growth;
2625
9. Reducing per capita water and energy consumption;
2626
10. Prioritizing environmental features to be protected and
2627
adopting measures or programs to protect identified features;
2628
11. Reducing hurricane shelter deficits and evacuation
2629
times and implementing the adopted mitigation strategies; and
2630
12. Improving coordination between the local government and
2631
school board.
2632
(h) A commitment to change any land development regulations
2633
that restrict compact development and adopt alternative design
2634
codes that encourage desirable densities and intensities of use
2635
and patterns of compact development identified in the agreement.
2636
(i) A plan for increasing public participation in
2637
comprehensive planning and land use decisionmaking which includes
2638
outreach to neighborhood and civic associations through community
2639
planning initiatives.
2640
(j) A demonstration that the intergovernmental coordination
2641
element of the local government's comprehensive plan includes
2642
joint processes for coordination between the school board and
2643
local government pursuant to s. 163.3177(6)(h)2. and other
2644
requirements of law.
2645
(k) A method of addressing the extrajurisdictional effects
2646
of development within the certified area, which is integrated by
2647
amendment into the intergovernmental coordination element of the
2648
local government comprehensive plan.
2649
(l) A requirement for the annual reporting to the state
2650
land planning agency department of plan amendments adopted during
2651
the year, and the progress of the local government in meeting the
2652
terms and conditions of the certification agreement. Prior to the
2653
deadline for the annual report, the local government must hold a
2654
public hearing soliciting public input on the progress of the
2655
local government in satisfying the terms of the certification
2656
agreement.
2657
(m) An expiration date that is within no later than 10
2658
years after execution of the agreement or notice.
2659
(6) The department may enter up to eight new certification
2660
agreements each fiscal year. The department shall adopt
2661
procedural rules governing the application and review of local
2662
government requests for certification. Such procedural rules may
2663
establish a phased schedule for review of local government
2664
requests for certification.
2665
(3)(7) The state land planning agency department shall
2666
revoke the local government's certification if it determines that
2667
the local government is not substantially complying with the
2668
terms of the agreement or notice.
2669
(4)(8) An affected person, as defined in s. 163.3184(1) by
2670
s. 163.3184(1)(a), may petition for an administrative hearing
2671
alleging that a local government is not substantially complying
2672
with the terms of the agreement or notice, using the procedures
2673
and timeframes for notice and conditions precedent described in
2674
s. 163.3213. Such a petition must be filed within 30 days after
2675
the annual public hearing required by paragraph (2)(l) (5)(l).
2676
(5)(9)(a) Upon certification all comprehensive plan
2677
amendments associated with the area certified must be adopted and
2678
reviewed in the manner described in ss. 163.3184(1), (2), (7),
2679
(14), (15), and (16) and 163.3187, such that state and regional
2680
agency review is eliminated. The state land planning agency
2681
department may not issue any objections, recommendations, and
2682
comments report on proposed plan amendments or a notice of intent
2683
on adopted plan amendments; however, affected persons, as defined
2684
in s. 163.3184(1) by s. 163.3184(1)(a), may file a petition for
2685
administrative review pursuant to the requirements of s.
2686
163.3187(3)(a) to challenge the compliance of an adopted plan
2687
amendment.
2688
(b) Plan amendments that change the boundaries of the
2689
certification area; propose a rural land stewardship area
2690
pursuant to s. 163.3177(11)(d); propose an optional sector plan
2691
pursuant to s. 163.3245; propose a school facilities element;
2692
update a comprehensive plan based on an evaluation and appraisal
2693
report; impact lands outside the certification boundary;
2694
implement new statutory requirements that require specific
2695
comprehensive plan amendments; or increase hurricane evacuation
2696
times or the need for shelter capacity on lands within the
2697
coastal high-hazard area shall be reviewed pursuant to ss.
2698
163.3184 and 163.3187.
2699
(10) Notwithstanding subsections (2), (4), (5), (6), and
2700
(7), any municipality designated as a rural area of critical
2701
economic concern pursuant to s. 288.0656 which is located within
2702
a county eligible to levy the Small County Surtax under s.
2703
212.055(3) shall be considered certified during the effectiveness
2704
of the designation of rural area of critical economic concern.
2705
The state land planning agency shall provide a written notice of
2706
certification to the local government of the certified area,
2707
which shall be considered final agency action subject to
2708
challenge under s. 120.569. The notice of certification shall
2709
include the following components:
2710
(a) The boundary of the certification area.
2711
(b) A requirement that the local government submit either
2712
an annual or biennial monitoring report to the state land
2713
planning agency according to the schedule provided in the written
2714
notice. The monitoring report shall, at a minimum, include the
2715
number of amendments to the comprehensive plan adopted by the
2716
local government, the number of plan amendments challenged by an
2717
affected person, and the disposition of those challenges.
2718
(11) If the local government of an area described in
2719
subsection (10) does not request that the state land planning
2720
agency review the developments of regional impact that are
2721
proposed within the certified area, an application for approval
2722
of a development order within the certified area shall be exempt
2723
from review under s. 380.06, subject to the following:
2724
(a) Concurrent with filing an application for development
2725
approval with the local government, a developer proposing a
2726
project that would have been subject to review pursuant to s.
2727
380.06 shall notify in writing the regional planning council with
2728
jurisdiction.
2729
(b) The regional planning council shall coordinate with the
2730
developer and the local government to ensure that all concurrency
2731
requirements as well as federal, state, and local environmental
2732
permit requirements are met.
2733
(6)(12) A local government's certification shall be
2734
reviewed by the local government and the state land planning
2735
agency department as part of the evaluation and appraisal process
2736
pursuant to s. 163.3191. Within 1 year after the deadline for the
2737
local government to update its comprehensive plan based on the
2738
evaluation and appraisal report, the state land planning agency
2739
department shall renew or revoke the certification. The local
2740
government's failure to adopt a timely evaluation and appraisal
2741
report, failure to adopt an evaluation and appraisal report found
2742
to be sufficient, or failure to timely adopt amendments based on
2743
an evaluation and appraisal report found to be in compliance by
2744
the state land planning agency department shall be cause for
2745
revoking the certification agreement or notice. The state land
2746
planning agency's department's decision to renew or revoke is
2747
shall be considered agency action subject to challenge under s.
2748
120.569.
2749
(13) The department shall, by July 1 of each odd-numbered
2750
year, submit to the Governor, the President of the Senate, and
2751
the Speaker of the House of Representatives a report listing
2752
certified local governments, evaluating the effectiveness of the
2753
certification, and including any recommendations for legislative
2754
actions.
2755
(14) The Office of Program Policy Analysis and Government
2756
Accountability shall prepare a report evaluating the
2757
certification program, which shall be submitted to the Governor,
2758
the President of the Senate, and the Speaker of the House of
2759
Representatives by December 1, 2007.
2760
Section 12. Section 163.32461, Florida Statutes, is created
2761
to read:
2762
163.32461 Affordable housing growth strategies.--
2763
(1) LEGISLATIVE INTENT.--The Legislature recognizes the
2764
acute need to increase the availability of affordable housing in
2765
the state consistent this section, the state comprehensive plan,
2766
and the State Housing Strategy Act. The Legislature also
2767
recognizes that construction costs increase as the result of
2768
regulatory delays in approving the development of affordable
2769
housing. The Legislature further recognizes that the state's
2770
growth management laws can be amended in a manner that encourages
2771
the development of affordable housing. Therefore, it is the
2772
intent of the Legislature that state review of comprehensive plan
2773
amendments and local government review of development proposals
2774
that provide for affordable housing be streamlined and expedited.
2775
(2) DEFINITIONS.--For purposes of this section, the term:
2776
(a) "Density bonus" means an increase in the number of on-
2777
site, market-rate units that provide an incentive for the
2778
construction of affordable housing.
2779
(b) "Development" has the same meaning as in s. 380.04.
2780
(c) "Long-term affordable housing unit" means housing that
2781
is affordable to individuals or families whose total annual
2782
household income does not exceed 120 percent of the area median
2783
income adjusted for household size or, if located in a county in
2784
which the median purchase price for an existing single-family
2785
home exceeds the statewide median purchase price for such home,
2786
does not exceed 140 percent of the area median income adjusted
2787
for family size. The unit shall be subject to a rental, deed, or
2788
other restriction to ensure that it meets the income limits
2789
provided in this paragraph for at least 30 years.
2790
(3) EXPEDITED REVIEW IN COUNTIES HAVING A POPULATION
2791
GREATER THAN 75,000.--In counties having a population greater
2792
than 75,000 and municipalities within those counties, a future
2793
land use map amendment for a proposed residential development or
2794
mixed-use development requiring that at least 15 percent of the
2795
residential units are long-term affordable housing units is
2796
subject to the alternative state review process in s.
2797
163.32465(3)-(6). Any special area plan policies or map notations
2798
directly related to the map amendment may be adopted at the same
2799
time and in the same manner as the map amendment.
2800
(4) OPTIONAL EXPEDITED REVIEW IN COUNTIES HAVING A
2801
POPULATION OF FEWER THAN 75,000.--In a county having a population
2802
of fewer than 75,000, a future land use map amendment for a
2803
proposed residential development or mixed-use development is
2804
subject to the alternative state review process in s.
2805
163.32465(3)-(6) if:
2806
(a) The development is located in an area identified as
2807
appropriate for affordable housing in an adopted rural sub-
2808
element that meets the requirements of s. 163.3177(6)(a); and
2809
(b) The amendment requires that at least 15 percent of the
2810
residential units are long-term affordable housing units. Any
2811
special area plan policies or map notations directly related to
2812
the map amendment may be adopted at the same time and in the same
2813
manner as the map amendment. The state land planning agency shall
2814
provide funding, contingent upon a legislative appropriation, to
2815
counties that undertake the process of preparing a rural sub-
2816
element that satisfies the requirements of s. 163.3177(6)(a).
2817
(5) UNIFIED APPLICATION AND EXPEDITED REVIEW.--
2818
(a) Each local government shall by July 1, 2009, establish
2819
a process for the unified and expedited review of an application
2820
for development approval for a residential development or mixed-
2821
use development in which at least 15 percent of the residential
2822
units are long-term affordable housing units. The process shall
2823
combine plan amendment and rezoning approval at the local level
2824
and shall include, at a minimum:
2825
1. A unified application. Each local government shall
2826
provide for a unified application for all comprehensive plan
2827
amendments and rezonings related to a residential development or
2828
mixed-use development in which at least 15 percent of the
2829
residential units are long-term affordable housing units. Local
2830
governments are encouraged to adopt requirements for a
2831
preapplication conference with an applicant to coordinate the
2832
completion and submission of the application. Local governments
2833
are also encouraged to assign the coordination for review of a
2834
unified application to one employee.
2835
2. Procedures for expedited review. Each local government
2836
shall adopt procedures that require an expedited review of a
2837
unified application. At a minimum, these procedures must ensure
2838
that:
2839
a. Within 10 days after receiving a unified application,
2840
the local government provides written notification to an
2841
applicant stating the application is complete or requests in
2842
writing any specific information needed to complete the
2843
application.
2844
b. The local planning agency holds its hearing on a unified
2845
application and the governing body of the local government holds
2846
its first public hearing on whether to transmit the comprehensive
2847
plan amendment portion of a unified application under s.
2848
163.32465(4)(a) within 45 days after the application is
2849
determined to be complete.
2850
c. For plan amendments that have been transmitted to the
2851
state land planning agency under sub-subparagraph b., the
2852
governing body of a local government shall hold its second public
2853
hearing on whether to adopt the comprehensive plan amendment
2854
simultaneously with a hearing on any necessary rezoning ordinance
2855
within 30 days after the expiration of the 30-day period allowed
2856
for receipt of agency comments under s. 163.32465(4)(b).
2857
(b) This subsection does not apply to development within a
2858
rural land-stewardship area, coastal high-hazard area, an area of
2859
critical state concern, or on lands identified as environmentally
2860
sensitive in the local comprehensive plan.
2861
(6) EXPEDITED SUBDIVISIONS, SITE PLANS, AND BUILDING
2862
PERMITS.--Each local government shall adopt procedures to ensure
2863
that applications for subdivision, site plan approval, and
2864
building permits for a development in which 15 percent of the
2865
units are long-term affordable housing units are approved,
2866
approved with conditions, or denied within a specified number of
2867
days that is 50 percent of the average number of days the local
2868
government normally takes to process such application.
2869
(7) REQUIRED DENSITY BONUSES FOR DONATED LAND.--Each local
2870
government shall amend its comprehensive plan by July 1, 2009, to
2871
provide a 15-percent density bonus if the land is donated for the
2872
development of affordable housing. The comprehensive plan shall
2873
establish a minimum number of acres that must be donated in order
2874
to receive the bonus.
2875
(a) The density bonus:
2876
1. Must be a 15 percent increase above the allowable number
2877
of residential units and shall apply to land identified by the
2878
developer and approved by the local government;
2879
2. May be used only on land within an area designated as an
2880
urban service area in the local comprehensive plan; and
2881
3. May not be used on land within a coastal high-hazard
2882
area or an area of critical state concern or on lands identified
2883
as environmentally sensitive in the local comprehensive plan.
2884
(b) The land donated for affordable housing does not have
2885
to be collocated with the land receiving the density bonus, but
2886
both parcels must be located within the local government's
2887
jurisdiction for the density bonus to apply. The donated land
2888
must be suitable for development as housing and must be conveyed
2889
to the local government in fee simple. The local government may
2890
transfer all or a portion of the donated land to a nonprofit
2891
organization, such as a community land trust, housing authority,
2892
or community redevelopment agency to be used for the development
2893
and preservation of permanently affordable housing in a project
2894
in which at least 30 percent of the residential units are
2895
affordable.
2896
(8) REQUIRED DENSITY BONUSES.--Each local government shall
2897
amend its comprehensive plan by July 1, 2009, to provide a 15-
2898
percent density bonus above the allowable number of residential
2899
units for a residential development or a mixed-use development
2900
that is located within 2 miles of an existing employment center
2901
or an employment center that has received site plan approval. At
2902
least 15 percent of any residential units allowed under the
2903
density bonus must be long-term affordable housing units.
2904
(a) The density bonus:
2905
1. May be used only on land within an area designated as an
2906
urban service area in the local comprehensive plan; and
2907
2. May not be used on land within a coastal high-hazard area
2908
or an area of critical state concern or on lands identified as
2909
environmentally sensitive in the local comprehensive plan.
2910
(b) For purposes of this subsection, the term "employment
2911
center" means a place of employment, or multiple places of
2912
employment that are contiguously located, which employ 100 or
2913
more full-time employees and is located within an urban service
2914
area, approved sector plan, or area designated as a rural area of
2915
critical economic concern under s. 288.0656.
2916
(9) CALCULATION OF AFFORDABLE UNITS.--When calculating the
2917
number of long-term affordable housing units under this section,
2918
a fraction of 0.5 or more shall be rounded up to the next whole
2919
number and a fraction of less than 0.5 shall be rounded down to
2920
the next lower whole number.
2921
(10) PENALTY.-- As a precondition to receiving any state
2922
affordable housing funding or allocation for any project or
2923
program within the local government's jurisdiction, a local
2924
government must, by July 1 of each year, provide certification
2925
that the local government is in compliance with this section.
2926
Section 13. Paragraphs (a) and (b) of subsection (1),
2927
subsections (2) and (3), paragraph (b) of subsection (4),
2928
paragraph (a) of subsection (5), paragraph (g) of subsection (6),
2929
and subsection (8) of section 163.32465, Florida Statutes, are
2930
amended to read:
2931
163.32465 State review of local comprehensive plans in
2932
urban areas.--
2933
(1) LEGISLATIVE FINDINGS.--
2934
(a) The Legislature finds that local governments in this
2935
state have a wide diversity of resources, conditions, abilities,
2936
and needs. The Legislature also finds that the needs and
2937
resources of urban areas are different from those of rural areas
2938
and that different planning and growth management approaches,
2939
strategies, and techniques are required in urban areas. The state
2940
role in overseeing growth management should reflect this
2941
diversity and should vary based on local government conditions,
2942
capabilities, needs, and the extent and type of development.
2943
Therefore Thus, the Legislature recognizes and finds that reduced
2944
state oversight of local comprehensive planning is justified for
2945
some local governments in urban areas and for certain types of
2946
development.
2947
(b) The Legislature finds and declares that this state's
2948
urban areas require a reduced level of state oversight because of
2949
their high degree of urbanization and the planning capabilities
2950
and resources of many of their local governments. An alternative
2951
state review process that is adequate to protect issues of
2952
regional or statewide importance should be created for
2953
appropriate local governments in these areas and for certain
2954
types of development. Further, the Legislature finds that
2955
development, including urban infill and redevelopment, should be
2956
encouraged in these urban areas. The Legislature finds that an
2957
alternative process for amending local comprehensive plans in
2958
these areas should be established with an objective of
2959
streamlining the process and recognizing local responsibility and
2960
accountability.
2961
(2) ALTERNATIVE STATE REVIEW PROCESS PILOT
2962
PROGRAM.--Pinellas and Broward Counties, and the municipalities
2963
within these counties, and Jacksonville, Miami, Tampa, and
2964
Hialeah shall follow the an alternative state review process
2965
provided in this section. Municipalities within the pilot
2966
counties may elect, by super majority vote of the governing body,
2967
not to participate in the pilot program. The alternative state
2968
review process shall also apply to:
2969
(a) Future land use map amendments and associated special
2970
area policies within areas designated in a comprehensive plan for
2971
downtown revitalization pursuant to s. 163.3164(25), urban
2972
redevelopment pursuant to s. 163.3164(26), urban infill
2973
development pursuant to s. 163.3164(27), urban infill and
2974
redevelopment pursuant to s. 163.2517, or an urban service area
2975
pursuant to s. 163.3180(5)(b)5;
2976
(b) Affordable housing amendments that qualify under s.
2977
163.32461; and
2978
(c) Future land use map amendments within an area
2979
designated by the Governor as a rural area of critical economic
2980
concern under s. 288.0656(7) for the duration of such
2981
designation. Before the adoption of such an amendment, the local
2982
government must obtain written certification from the Office of
2983
Tourism, Trade, and Economic Development that the plan amendment
2984
furthers the economic objectives set forth in the executive order
2985
issued under s. 288.0656(7).
2986
(3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
2987
UNDER THE PILOT PROGRAM.--
2988
(a) Plan amendments adopted by the pilot program
2989
jurisdictions shall follow the alternate, expedited process in
2990
subsections (4) and (5), except as set forth in paragraphs (b)-
2991
(f) (b)-(e) of this subsection.
2992
(b) Amendments that qualify as small-scale development
2993
amendments may continue to be adopted by the pilot program
2994
jurisdictions pursuant to s. 163.3187(1)(d) 163.3187(1)(c) and
2995
(3).
2996
(c) Plan amendments that propose a rural land stewardship
2997
area pursuant to s. 163.3177(11)(d); propose an optional sector
2998
plan; update a comprehensive plan based on an evaluation and
2999
appraisal report; implement new statutory requirements not
3000
previously incorporated into a comprehensive plan; or new plans
3001
for newly incorporated municipalities are subject to state review
3002
as set forth in s. 163.3184.
3003
(d) Pilot program jurisdictions are shall be subject to the
3004
frequency, voting, and timing requirements for plan amendments
3005
set forth in ss. 163.3187 and 163.3191, except as where otherwise
3006
stated in this section.
3007
(e) The mediation and expedited hearing provisions in s.
3008
163.3189(3) apply to all plan amendments adopted by the pilot
3009
program jurisdictions.
3010
(f) All amendments adopted under this section must comply
3011
with ss. 163.3184(3)(a) and 163.3184(15)(b)2.
3012
(4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
3013
PILOT PROGRAM.--
3014
(b) The agencies and local governments specified in
3015
paragraph (a) may provide comments regarding the amendment or
3016
amendments to the local government. The regional planning council
3017
review and comment shall be limited to effects on regional
3018
resources or facilities identified in the strategic regional
3019
policy plan and extrajurisdictional impacts that would be
3020
inconsistent with the comprehensive plan of the affected local
3021
government. A regional planning council may shall not review and
3022
comment on a proposed comprehensive plan amendment prepared by
3023
such council unless the plan amendment has been changed by the
3024
local government subsequent to the preparation of the plan
3025
amendment by the regional planning council. County comments on
3026
municipal comprehensive plan amendments shall be primarily in the
3027
context of the relationship and effect of the proposed plan
3028
amendments on the county plan. Municipal comments on county plan
3029
amendments shall be primarily in the context of the relationship
3030
and effect of the amendments on the municipal plan. State agency
3031
comments may include technical guidance on issues of agency
3032
jurisdiction as it relates to the requirements of this part. Such
3033
comments must shall clearly identify issues that, if not
3034
resolved, may result in an agency challenge to the plan
3035
amendment. For the purposes of this pilot program, agencies are
3036
encouraged to focus potential challenges on issues of regional or
3037
statewide importance. Agencies and local governments must
3038
transmit their comments to the affected local government, if
3039
issued, within 30 days after such that they are received by the
3040
local government not later than thirty days from the date on
3041
which the state land planning agency notifies the affected local
3042
government that the plan amendment package is complete agency or
3043
government received the amendment or amendments. Any comments
3044
from the agencies and local governments must also be transmitted
3045
to the state land planning agency.
3046
(5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
3047
AREAS.--
3048
(a) The local government shall hold its second public
3049
hearing, which shall be a hearing on whether to adopt one or more
3050
comprehensive plan amendments, on a weekday at least 5 days after
3051
the day the second advertisement is published pursuant to the
3052
requirements of chapter 125 or chapter 166. Adoption of
3053
comprehensive plan amendments must be by ordinance and requires
3054
an affirmative vote of a majority of the members of the governing
3055
body present at the second hearing. The hearing must be conducted
3056
and the amendment adopted within 120 days after receipt of the
3057
agency comments pursuant to s. 163.3246(4)(b). If a local
3058
government fails to adopt the plan amendment within the timeframe
3059
set forth in this subsection, the plan amendment is deemed
3060
abandoned and the plan amendment may not be considered until the
3061
next available amendment cycle pursuant to s. 163.3187.
3062
(6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
3063
PROGRAM.--
3064
(g) An amendment adopted under the expedited provisions of
3065
this section shall not become effective until completion of the
3066
time period available to the state land planning agency for
3067
administrative challenge under s. 163.32465(6)(a) 31 days after
3068
adoption. If timely challenged, an amendment shall not become
3069
effective until the state land planning agency or the
3070
Administration Commission enters a final order determining that
3071
the adopted amendment is to be in compliance.
3072
(8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.--The state land
3073
planning agency may adopt procedural Agencies shall not
3074
promulgate rules to administer implement this section pilot
3075
program.
3076
Section 14. Section 166.0451, Florida Statutes, is
3077
renumbered as section 163.32432, Florida Statutes, and amended to
3078
read:
3079
163.32432 166.0451 Disposition of municipal property for
3080
affordable housing.--
3081
(1) By July 1, 2007, and every 3 years thereafter, each
3082
municipality shall prepare an inventory list of all real property
3083
within its jurisdiction to which the municipality holds fee
3084
simple title that is appropriate for use as affordable housing.
3085
The inventory list must include the address and legal description
3086
of each such property and specify whether the property is vacant
3087
or improved. The governing body of the municipality must review
3088
the inventory list at a public hearing and may revise it at the
3089
conclusion of the public hearing. Following the public hearing,
3090
the governing body of the municipality shall adopt a resolution
3091
that includes an inventory list of such property.
3092
(2) The properties identified as appropriate for use as
3093
affordable housing on the inventory list adopted by the
3094
municipality may be offered for sale and the proceeds may be used
3095
to purchase land for the development of affordable housing or to
3096
increase the local government fund earmarked for affordable
3097
housing, or may be sold with a restriction that requires the
3098
development of the property as permanent affordable housing, or
3099
may be donated to a nonprofit housing organization for the
3100
construction of permanent affordable housing. Alternatively, the
3101
municipality may otherwise make the property available for use
3102
for the production and preservation of permanent affordable
3103
housing. For purposes of this section, the term "affordable" has
3104
the same meaning as in s. 420.0004(3).
3105
(3) As a precondition to receiving any state affordable
3106
housing funding or allocation for any project or program within
3107
the municipality's jurisdiction, a municipality must, by July 1
3108
of each year, provide certification that the inventory and any
3109
update required by this section is complete.
3110
Section 15. Paragraph (c) of subsection (18) of section
3111
1002.33, Florida Statutes, is amended to read:
3112
1002.33 Charter schools.--
3113
(18) FACILITIES.--
3114
(c) Any facility, or portion thereof, used to house a
3115
charter school whose charter has been approved by the sponsor and
3116
the governing board, pursuant to subsection (7), is shall be
3117
exempt from ad valorem taxes pursuant to s. 196.1983. Library,
3118
community service, museum, performing arts, theatre, cinema,
3119
church, community college, college, and university facilities may
3120
provide space to charter schools within their facilities if such
3121
use is consistent with the local comprehensive plan under their
3122
preexisting zoning and land use designations.
3123
Section 16. Subsection (7) of section 163.32465, Florida
3124
Statutes, is amended to read:
3125
163.32465 State review of local comprehensive plans in
3126
urban areas.--
3127
(7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
3128
GOVERNMENTS.--Local governments and specific areas that are have
3129
been designated for alternate review process pursuant to ss.
3130
163.3246 and 163.3184(17) and (18) are not subject to this
3131
section.
3132
Section 17. Subsection (5) and paragraph (d) of subsection
3133
(12) of section 288.975, Florida Statutes, are amended to read:
3134
288.975 Military base reuse plans.--
3135
(5) At the discretion of the host local government, the
3136
provisions of this act may be complied with through the adoption
3137
of the military base reuse plan as a separate component of the
3138
local government comprehensive plan or through simultaneous
3139
amendments to all pertinent portions of the local government
3140
comprehensive plan. Once adopted and approved in accordance with
3141
this section, the military base reuse plan shall be considered to
3142
be part of the host local government's comprehensive plan and
3143
shall be thereafter implemented, amended, and reviewed in
3144
accordance with the provisions of part II of chapter 163. Local
3145
government comprehensive plan amendments necessary to initially
3146
adopt the military base reuse plan shall be exempt from the
3147
limitation on the frequency of plan amendments contained in s.
3148
163.3187(2).
3149
(12) Following receipt of a petition, the petitioning party
3150
or parties and the host local government shall seek resolution of
3151
the issues in dispute. The issues in dispute shall be resolved as
3152
follows:
3153
(d) Within 45 days after receiving the report from the
3154
state land planning agency, the Administration Commission shall
3155
take action to resolve the issues in dispute. In deciding upon a
3156
proper resolution, the Administration Commission shall consider
3157
the nature of the issues in dispute, any requests for a formal
3158
administrative hearing pursuant to chapter 120, the compliance of
3159
the parties with this section, the extent of the conflict between
3160
the parties, the comparative hardships and the public interest
3161
involved. If the Administration Commission incorporates in its
3162
final order a term or condition that requires any local
3163
government to amend its local government comprehensive plan, the
3164
local government shall amend its plan within 60 days after the
3165
issuance of the order. Such amendment or amendments shall be
3166
exempt from the limitation of the frequency of plan amendments
3167
contained in s. 163.3187(2), and A public hearing on such
3168
amendment or amendments pursuant to s. 163.3184(15)(b)1. is shall
3169
not be required. The final order of the Administration Commission
3170
is subject to appeal pursuant to s. 120.68. If the order of the
3171
Administration Commission is appealed, the time for the local
3172
government to amend its plan is shall be tolled during the
3173
pendency of any local, state, or federal administrative or
3174
judicial proceeding relating to the military base reuse plan.
3175
Section 18. Paragraph (l) of subsection (24) of section
3176
380.06, Florida Statutes, is amended to read:
3177
380.06 Developments of regional impact.--
3178
(24) STATUTORY EXEMPTIONS.--
3179
(l) Any proposed development within an urban service
3180
boundary established as part of a local comprehensive plan under
3181
s. 163.3177 s. 163.3177(14) is exempt from the provisions of
3182
this section if the local government having jurisdiction over the
3183
area where the development is proposed has adopted the urban
3184
service boundary, has entered into a binding agreement with
3185
jurisdictions that would be impacted and with the Department of
3186
Transportation regarding the mitigation of impacts on state and
3187
regional transportation facilities, and has adopted a
3188
proportionate share methodology pursuant to s. 163.3180(16).
3189
3190
If a use is exempt from review as a development of regional
3191
impact under paragraphs (a)-(t), but will be part of a larger
3192
project that is subject to review as a development of regional
3193
impact, the impact of the exempt use must be included in the
3194
review of the larger project.
3195
Section 19. Sections 339.282 and 420.615, Florida Statutes,
3196
are repealed.
3197
Section 20. This act shall take effect July 1, 2008.