Florida Senate - 2008 CS for SB 474
By the Committee on Community Affairs; and Senator Garcia
578-07330A-08 2008474c1
1
A bill to be entitled
2
An act relating to growth management; amending s. 70.51,
3
F.S.; deleting an exemption from the limitation on the
4
frequency of amendments of comprehensive plans;
5
transferring, renumbering, and amending s. 125.379, F.S.;
6
requiring counties to certify that they have prepared a
7
list of county-owned property appropriate for affordable
8
housing before obtaining certain funding; amending s.
9
163.3174, F.S.; prohibiting the members of the local
10
governing body from serving on the local planning agency;
11
providing an exception; amending s. 163.3177, F.S.;
12
requiring coordination of the local comprehensive plan
13
with a school district's educational facilities plan;
14
including a provision encouraging rural counties to adopt
15
a rural sub-element as part of their future land use plan;
16
prohibiting local comprehensive plans from imposing
17
certain standards or development conditions inconsistent
18
with certain requirements of law or state requirements for
19
educational facilities or with maintaining financially
20
feasible school district facilities work plans; requiring
21
certain counties to certify that they have adopted a plan
22
for ensuring affordable workforce housing before obtaining
23
certain funding; requiring the housing element of the
24
comprehensive plan to address senior affordable housing;
25
authorizing the state land planning agency to amend
26
administrative rules relating to planning criteria to
27
allow for varying local conditions; deleting exemptions
28
from the limitation on the frequency of plan amendments;
29
deleting provisions encouraging local governments to
30
develop a community vision and to designate an urban
31
service boundary; amending s. 163.31771, F.S.; requiring a
32
local government to amend its comprehensive plan to allow
33
accessory dwelling units in an area zoned for single-
34
family residential use; prohibiting such units from being
35
treated as new units if there is a land use restriction
36
agreement that restricts use to affordable housing;
37
prohibiting accessory dwelling units from being located on
38
certain land; amending s. 163.3178, F.S.; revising
39
provisions relating to coastal management and coastal
40
high-hazard areas; providing factors for demonstrating the
41
compliance of a comprehensive plan amendment with rule
42
provisions relating to coastal areas; amending s.
43
163.3180, F.S.; revising concurrency requirements;
44
specifying municipal areas for transportation concurrency
45
exception areas; revising provisions relating to the
46
Strategic Intermodal System; deleting a requirement for
47
local governments to annually submit a summary of de
48
minimus records; providing additional requirements for
49
school concurrency service areas and contiguous service
50
areas; providing a minimum state availability standard for
51
school concurrency; extending the deadline for local
52
governments to adopt a public school facilities element
53
and interlocal agreement; providing that a developer may
54
not be required to reduce or eliminate backlog or address
55
class size reduction; requiring charter schools to be
56
considered as a mitigation option under certain
57
circumstances; limiting the circumstances under which a
58
local government may deny a development permit or
59
comprehensive plan amendment based on school concurrency;
60
requiring school districts to include relocatables in
61
their calculation of school capacity in certain
62
circumstances; requiring consistency between a school
63
impact fee and an adopted school concurrency ordinance;
64
absolving a developer from responsibility for mitigating
65
school concurrency backlogs or addressing class size;
66
authorizing a methodology based on vehicle and miles
67
traveled for calculating proportionate fair-share
68
methodology; providing transportation concurrency
69
incentives for private developers; deleting an exemption
70
from transportation concurrency provided to certain
71
workforce housing; requiring proportionate-share
72
mitigation for developments of regional impact to be based
73
on the existing level of service or the adopted level-of-
74
service standard, whichever is less; defining the term
75
"backlogged transportation facility"; providing for
76
recommendations for the establishment of a uniform
77
mobility fee methodology to replace the current
78
transportation concurrency management system; amending s.
79
163.3184, F.S.; requiring that potential applicants for a
80
future land use map amendment conduct a meeting to
81
present, discuss, and solicit public comment on the
82
proposed amendment; requiring that such meeting be
83
conducted before the application is filed; providing
84
notice and procedure requirements for such meetings;
85
providing for applicability of such requirements;
86
requiring that applicants conduct a second meeting within
87
a specified period before the local government's scheduled
88
adoption hearing; providing for notice of such meeting;
89
requiring that an applicant file with the local government
90
a written certification attesting to certain information;
91
exempting small-scale amendments from requirements related
92
to meetings; revising a time period for comments on plan
93
amendments; revising a time period for requesting state
94
planning agency review of plan amendments; revising a time
95
period for the state land planning agency to identify
96
written comments on plan amendments for local governments;
97
providing that an amendment is deemed abandoned under
98
certain circumstances; authorizing the state land planning
99
agency to grant extensions; requiring that a comprehensive
100
plan or amendment to be adopted be available to the
101
public; prohibiting certain types of changes to a plan
102
amendment during a specified period before the hearing
103
thereupon; requiring that the local government certify
104
certain information to the state land planning agency;
105
deleting exemptions from the limitation on the frequency
106
of amendments of comprehensive plans; deleting provisions
107
relating to community vision and urban boundary amendments
108
to conform to changes made by the act; amending s.
109
163.3187, F.S.; providing that comprehensive plan
110
amendments may be adopted by simple majority vote of the
111
governing body of the applicable local government;
112
requiring a super majority vote of such persons for the
113
adoption of certain amendments; authorizing local
114
governments to transmit and adopt certain plan amendments
115
twice per calendar year; authorizing local governments to
116
transmit and adopt certain plan amendments at any time
117
during a calendar year without regard for restrictions on
118
frequency; deleting certain types of amendments from the
119
list of amendments eligible for adoption at any time
120
during a calendar year; deleting exemptions from frequency
121
limitations; providing circumstances under which small-
122
scale amendments become effective; amending s. 163.3245,
123
F.S.; revising provisions relating to optional sector
124
plans; authorizing all local government to adopt optional
125
sector plans into their comprehensive plan; increasing the
126
size of the area to which sector plans apply; deleting
127
certain restrictions on a local government upon entering
128
into sector plans; deleting an annual monitoring report
129
submitted by a host local government that has adopted a
130
sector plan and a status report submitted by the
131
department on optional sector plans; amending s. 163.3246,
132
F.S.; discontinuing the Local Government Comprehensive
133
Planning Certification Program except for currently
134
certified local governments; retaining an exemption from
135
DRI review for a certified community in certain
136
circumstances; creating s. 163.32461, F.S.; providing
137
expedited affordable housing growth strategies; providing
138
legislative intent; providing definitions; providing an
139
optional expedited review for certain future land use map
140
amendments; providing procedures for such review;
141
providing for the expedited review of subdivision, site
142
plans, and building permits; providing for density bonuses
143
for certain land uses; amending s. 163.32465, F.S.;
144
revising provisions relating to the state review of
145
comprehensive plans; providing additional types of
146
amendments to which the alternative state review applies;
147
renumbering and amending s. 166.0451, F.S.; requiring
148
municipalities to certify that they have prepared a list
149
of county-owned property appropriate for affordable
150
housing before obtaining certain funding; amending s.
151
253.034, F.S.; requiring that a manager of conservation
152
lands report to the Board of Trustees of the Internal
153
Improvement Trust Fund at specified intervals regarding
154
those lands not being used for the purpose for which they
155
were originally leased; requiring that the Division of
156
State Lands annually submit to the President of the Senate
157
and the Speaker of the House of Representatives a copy of
158
the state inventory identifying all nonconservation lands;
159
requiring the division to publish a copy of the annual
160
inventory on its website and notify by electronic mail the
161
executive head of the governing body of each local
162
government having lands in the inventory within its
163
jurisdiction; amending s. 288.975, F.S.; deleting
164
exemptions from the frequency limitations on comprehensive
165
plan amendments; amending s. 380.06, F.S.; providing an
166
exception from development-of-regional-impact review;
167
providing a 3-year extension for the buildout,
168
commencement, and expiration dates of developments of
169
regional impact and Florida Quality Developments,
170
including associated local permits; providing that all
171
transportation impacts for a phase or stage of a
172
development of regional impact shall be deemed mitigated
173
under certain circumstances; amending s. 380.0651, F.S.;
174
providing an exemption from development-of-regional impact
175
review; amending s. 1002.33, F.S.; restricting facilities
176
from providing space to charter schools unless such use is
177
consistent with the local comprehensive plan; creating s.
178
1011.775, F.S.; requiring that each district school board
179
prepare an inventory list of certain real property on or
180
before a specified date and at specified intervals
181
thereafter; requiring that such list include certain
182
information; requiring that the district school board
183
review the list at a public meeting and make certain
184
determinations; requiring that the board state its
185
intended use for certain property; authorizing the board
186
to revise the list at the conclusion of the public
187
meeting; requiring that the board adopt a resolution;
188
authorizing the board to offer certain properties for sale
189
and use the proceeds for specified purposes; authorizing
190
the board to make the property available for the
191
production and preservation of permanent affordable
192
housing; defining the term "affordable" for specified
193
purposes; repealing s. 339.282, F.S., relating to
194
transportation concurrency incentives; repealing s.
195
420.615, F.S., relating to affordable housing land
196
donation density bonus incentives; amending s. 1013.33,
197
F.S.; prohibiting the imposition of standards and
198
conditions exceeding certain requirements for an
199
educational facilities or school district facilities work
200
plan under certain circumstances; providing an exception;
201
amending s. 1013.372, F.S.; requiring that certain charter
202
schools serve as public shelters at the request of the
203
local emergency management agency; amending ss. 163.3217,
205
limitation on the frequency of amendments of comprehensive
206
plans; providing an effective date.
207
208
Be It Enacted by the Legislature of the State of Florida:
209
210
Section 1. Subsection (26) of section 70.51, Florida
211
Statutes, is amended to read:
212
70.51 Land use and environmental dispute resolution.--
213
(26) A special magistrate's recommendation under this
214
section constitutes data in support of, and a support document
215
for, a comprehensive plan or comprehensive plan amendment, but is
216
not, in and of itself, dispositive of a determination of
217
compliance with chapter 163. Any comprehensive plan amendment
218
necessary to carry out the approved recommendation of a special
219
magistrate under this section is exempt from the twice-a-year
220
limit on plan amendments and may be adopted by the local
221
government amendments in s. 163.3184(16)(d).
222
Section 2. Section 125.379, Florida Statutes, is
223
transferred, renumbered as section 163.32431, Florida Statutes,
224
and amended to read:
225
163.32431 125.379 Disposition of county property for
226
affordable housing.--
227
(1) By July 1, 2007, and every 3 years thereafter, each
228
county shall prepare an inventory list of all real property
229
within its jurisdiction to which the county holds fee simple
230
title that is appropriate for use as affordable housing. The
231
inventory list must include the address and legal description of
232
each such real property and specify whether the property is
233
vacant or improved. The governing body of the county must review
234
the inventory list at a public hearing and may revise it at the
235
conclusion of the public hearing. The governing body of the
236
county shall adopt a resolution that includes an inventory list
237
of the such property following the public hearing.
238
(2) The properties identified as appropriate for use as
239
affordable housing on the inventory list adopted by the county
240
may be offered for sale and the proceeds used to purchase land
241
for the development of affordable housing or to increase the
242
local government fund earmarked for affordable housing, or may be
243
sold with a restriction that requires the development of the
244
property as permanent affordable housing, or may be donated to a
245
nonprofit housing organization for the construction of permanent
246
affordable housing. Alternatively, the county may otherwise make
247
the property available for use for the production and
248
preservation of permanent affordable housing. For purposes of
249
this section, the term "affordable" has the same meaning as in s.
250
420.0004(3).
251
(3) As a precondition to receiving any state affordable
252
housing funding or allocation for any project or program within a
253
county's jurisdiction, a county must, by July 1 of each year,
254
provide certification that the inventory and any update required
255
by this section are complete.
256
Section 3. Subsection (1) of section 163.3174, Florida
257
Statutes, is amended to read:
258
163.3174 Local planning agency.--
259
(1) The governing body of each local government,
260
individually or in combination as provided in s. 163.3171, shall
261
designate and by ordinance establish a "local planning agency,"
262
unless the agency is otherwise established by law.
263
Notwithstanding any special act to the contrary, all local
264
planning agencies or equivalent agencies that first review
265
rezoning and comprehensive plan amendments in each municipality
266
and county shall include a representative of the school district
267
appointed by the school board as a nonvoting member of the local
268
planning agency or equivalent agency to attend those meetings at
269
which the agency considers comprehensive plan amendments and
270
rezonings that would, if approved, increase residential density
271
on the property that is the subject of the application. However,
272
this subsection does not prevent the governing body of the local
273
government from granting voting status to the school board
274
member. Members of the local governing body may not serve on
275
designate itself as the local planning agency pursuant to this
276
subsection, except in a municipality having a population of 5,000
277
or fewer with the addition of a nonvoting school board
278
representative. The local governing body shall notify the state
279
land planning agency of the establishment of its local planning
280
agency. All local planning agencies shall provide opportunities
281
for involvement by applicable community college boards, which may
282
be accomplished by formal representation, membership on technical
283
advisory committees, or other appropriate means. The local
284
planning agency shall prepare the comprehensive plan or plan
285
amendment after hearings to be held after public notice and shall
286
make recommendations to the local governing body regarding the
287
adoption or amendment of the plan. The local planning agency may
288
be a local planning commission, the planning department of the
289
local government, or other instrumentality, including a
290
countywide planning entity established by special act or a
291
council of local government officials created pursuant to s.
292
163.02, provided the composition of the council is fairly
293
representative of all the governing bodies in the county or
294
planning area; however:
295
(a) If a joint planning entity was is in existence on July
296
1, 1975 the effective date of this act which authorizes the
297
governing bodies to adopt and enforce a land use plan effective
298
throughout the joint planning area, that entity shall be the
299
agency for those local governments until such time as the
300
authority of the joint planning entity is modified by law.
301
(b) In the case of chartered counties, the planning
302
responsibility between the county and the several municipalities
303
therein shall be as stipulated in the charter.
304
Section 4. Paragraph (b) of subsection (3), paragraph (a)
305
of subsection (4), paragraphs (a), (c), (f), (g), and (h) of
306
subsection (6), paragraph (e) of subsection (7), paragraph (i) of
307
subsection (10), paragraph (i) of subsection (12), and
308
subsections (13) and (14) of section 163.3177, Florida Statutes,
309
are amended to read:
310
163.3177 Required and optional elements of comprehensive
311
plan; studies and surveys.--
312
(3)
313
(b)1. The capital improvements element must be reviewed on
314
an annual basis and modified as necessary in accordance with s.
316
feasible 5-year schedule of capital improvements. Corrections and
317
modifications concerning costs; revenue sources; or acceptance of
318
facilities pursuant to dedications which are consistent with the
319
plan may be accomplished by ordinance and shall not be deemed to
320
be amendments to the local comprehensive plan. A copy of the
321
ordinance shall be transmitted to the state land planning agency.
322
An amendment to the comprehensive plan is required to update the
323
schedule on an annual basis or to eliminate, defer, or delay the
324
construction for any facility listed in the 5-year schedule. All
325
public facilities must be consistent with the capital
326
improvements element. Amendments to implement this section must
327
be adopted and transmitted no later than December 1, 2009 2008.
328
Thereafter, a local government may not amend its future land use
329
map, except for plan amendments to meet new requirements under
330
this part and emergency amendments pursuant to s. 163.3187(1)(a),
331
after December 1, 2009 2008, and every year thereafter, unless
332
and until the local government has adopted the annual update and
333
it has been transmitted to the state land planning agency.
334
2. Capital improvements element amendments adopted after
335
the effective date of this act shall require only a single public
336
hearing before the governing board which shall be an adoption
337
hearing as described in s. 163.3184(7). Such amendments are not
338
subject to the requirements of s. 163.3184(3)-(6).
339
(4)(a) Coordination of the local comprehensive plan with
340
the comprehensive plans of adjacent municipalities, the county,
341
adjacent counties, or the region; with the appropriate water
342
management district's regional water supply plans approved
343
pursuant to s. 373.0361; with adopted rules pertaining to
344
designated areas of critical state concern; with the school
345
district's educational facilities plan approved pursuant to s.
346
1013.35; and with the state comprehensive plan shall be a major
347
objective of the local comprehensive planning process. To that
348
end, in the preparation of a comprehensive plan or element
349
thereof, and in the comprehensive plan or element as adopted, the
350
governing body shall include a specific policy statement
351
indicating the relationship of the proposed development of the
352
area to the comprehensive plans of adjacent municipalities, the
353
county, adjacent counties, or the region and to the state
354
comprehensive plan, as the case may require and as such adopted
355
plans or plans in preparation may exist.
356
(6) In addition to the requirements of subsections (1)-(5)
357
and (12), the comprehensive plan shall include the following
358
elements:
359
(a) A future land use plan element designating proposed
360
future general distribution, location, and extent of the uses of
361
land for residential uses, commercial uses, industry,
362
agriculture, recreation, conservation, education, public
363
buildings and grounds, other public facilities, and other
364
categories of the public and private uses of land. Counties are
365
encouraged to designate rural land stewardship areas, pursuant to
366
the provisions of paragraph (11)(d), as overlays on the future
367
land use map.
368
1. Each future land use category must be defined in terms
369
of uses included, and must include standards for to be followed
370
in the control and distribution of population densities and
371
building and structure intensities. The proposed distribution,
372
location, and extent of the various categories of land use shall
373
be shown on a land use map or map series which shall be
374
supplemented by goals, policies, and measurable objectives.
375
2. The future land use plan shall be based upon surveys,
376
studies, and data regarding the area, including the amount of
377
land required to accommodate anticipated growth; the projected
378
population of the area; the character of undeveloped land; the
379
availability of water supplies, public facilities, and services;
380
the need for redevelopment, including the renewal of blighted
381
areas and the elimination of nonconforming uses which are
382
inconsistent with the character of the community; the
383
compatibility of uses on lands adjacent to or closely proximate
384
to military installations; the discouragement of urban sprawl;
385
energy-efficient land use patterns that reduce vehicle miles
386
traveled; and, in rural communities, the need for job creation,
387
capital investment, and economic development that will strengthen
388
and diversify the community's economy.
389
3. The future land use plan may designate areas for future
390
planned development use involving combinations of types of uses
391
for which special regulations may be necessary to ensure
392
development in accord with the principles and standards of the
393
comprehensive plan and this act.
394
4. The future land use plan element shall include criteria
395
to be used to achieve the compatibility of adjacent or closely
396
proximate lands with military installations.
397
5. Counties are encouraged to adopt a rural sub-element as
398
a part of the future land use plan. The sub-element shall apply
399
to all lands classified in the future land use plan as
400
predominantly agricultural, rural, open, open-rural, or a
401
substantively equivalent land use. The rural sub-element shall
402
include goals, objectives, and policies that enhance rural
403
economies, promote the viability of agriculture, provide for
404
appropriate economic development, discourage urban sprawl, and
405
ensure the protection of natural resources. The rural sub-element
406
shall generally identify anticipated areas of rural,
407
agricultural, conservation, and areas that may be considered for
408
conversion to urban land use and appropriate sites for affordable
409
housing. The rural sub-element shall also generally identify
410
areas that may be considered for rural land stewardship areas,
411
sector planning, or new communities or towns in accordance with
413
communities, the amount of land designated for future planned
414
industrial use shall be based upon surveys and studies that
415
reflect the need for job creation, capital investment, and the
416
necessity to strengthen and diversify the local economies, and
417
may shall not be limited solely by the projected population of
418
the rural community.
419
6. The future land use plan of a county may also designate
420
areas for possible future municipal incorporation.
421
7. The land use maps or map series shall generally identify
422
and depict historic district boundaries and shall designate
423
historically significant properties meriting protection.
424
8. For coastal counties, the future land use element must
425
include, without limitation, regulatory incentives and criteria
426
that encourage the preservation of recreational and commercial
427
working waterfronts as defined in s. 342.07.
428
9. The future land use element must clearly identify the
429
land use categories in which public schools are an allowable use.
430
When delineating such the land use categories in which public
431
schools are an allowable use, a local government shall include in
432
the categories sufficient land proximate to residential
433
development to meet the projected needs for schools in
434
coordination with public school boards and may establish
435
differing criteria for schools of different type or size. Each
436
local government shall include lands contiguous to existing
437
school sites, to the maximum extent possible, within the land use
438
categories in which public schools are an allowable use. The
439
failure by a local government to comply with these school siting
440
requirements will result in the prohibition of The local
441
government may not government's ability to amend the local
442
comprehensive plan, except for plan amendments described in s.
443
163.3187(1)(b), until the school siting requirements are met.
444
Amendments proposed by a local government for purposes of
445
identifying the land use categories in which public schools are
446
an allowable use are exempt from the limitation on the frequency
447
of plan amendments contained in s. 163.3187. The future land use
448
element shall include criteria that encourage the location of
449
schools proximate to urban residential areas to the extent
450
possible and shall require that the local government seek to
451
collocate public facilities, such as parks, libraries, and
452
community centers, with schools to the extent possible and to
453
encourage the use of elementary schools as focal points for
454
neighborhoods. For schools serving predominantly rural counties,
455
defined as a county having with a population of 100,000 or fewer,
456
an agricultural land use category shall be eligible for the
457
location of public school facilities if the local comprehensive
458
plan contains school siting criteria and the location is
459
consistent with such criteria. Local governments required to
460
update or amend their comprehensive plan to include criteria and
461
address compatibility of adjacent or closely proximate lands with
462
existing military installations in their future land use plan
463
element shall transmit the update or amendment to the department
464
by June 30, 2006.
465
(c) A general sanitary sewer, solid waste, drainage,
466
potable water, and natural groundwater aquifer recharge element
467
correlated to principles and guidelines for future land use,
468
indicating ways to provide for future potable water, drainage,
469
sanitary sewer, solid waste, and aquifer recharge protection
470
requirements for the area. The element may be a detailed
471
engineering plan including a topographic map depicting areas of
472
prime groundwater recharge. The element shall describe the
473
problems and needs and the general facilities that will be
474
required for solution of the problems and needs. The element
475
shall also include a topographic map depicting any areas adopted
476
by a regional water management district as prime groundwater
477
recharge areas for the Floridan or Biscayne aquifers. These areas
478
shall be given special consideration when the local government is
479
engaged in zoning or considering future land use for said
480
designated areas. For areas served by septic tanks, soil surveys
481
shall be provided which indicate the suitability of soils for
482
septic tanks. Within 18 months after the governing board approves
483
an updated regional water supply plan, the element must
484
incorporate the alternative water supply project or projects
485
selected by the local government from those identified in the
486
regional water supply plan pursuant to s. 373.0361(2)(a) or
487
proposed by the local government under s. 373.0361(7)(b). If a
488
local government is located within two water management
489
districts, the local government shall adopt its comprehensive
490
plan amendment within 18 months after the later updated regional
491
water supply plan. The element must identify such alternative
492
water supply projects and traditional water supply projects and
493
conservation and reuse necessary to meet the water needs
494
identified in s. 373.0361(2)(a) within the local government's
495
jurisdiction and include a work plan, covering at least a 10 year
496
planning period, for building public, private, and regional water
497
supply facilities, including development of alternative water
498
supplies, which are identified in the element as necessary to
499
serve existing and new development. The work plan shall be
500
updated, at a minimum, every 5 years within 18 months after the
501
governing board of a water management district approves an
502
updated regional water supply plan. Amendments to incorporate the
503
work plan do not count toward the limitation on the frequency of
504
adoption of amendments to the comprehensive plan. Local
505
governments, public and private utilities, regional water supply
506
authorities, special districts, and water management districts
507
are encouraged to cooperatively plan for the development of
508
multijurisdictional water supply facilities that are sufficient
509
to meet projected demands for established planning periods,
510
including the development of alternative water sources to
511
supplement traditional sources of groundwater and surface water
512
supplies.
513
(f)1. A housing element consisting of standards, plans, and
514
principles to be followed in:
515
a. The provision of housing for all current and anticipated
516
future residents of the jurisdiction.
517
b. The elimination of substandard dwelling conditions.
518
c. The structural and aesthetic improvement of existing
519
housing.
520
d. The provision of adequate sites for future housing,
521
including affordable workforce housing as defined in s.
522
380.0651(3)(j), housing for low-income, very low-income, and
523
moderate-income families, mobile homes, senior affordable
524
housing, and group home facilities and foster care facilities,
525
with supporting infrastructure and public facilities. This
526
includes compliance with the applicable public lands provision
527
under s. 163.32431 or s. 163.32432.
528
e. Provision for relocation housing and identification of
529
historically significant and other housing for purposes of
530
conservation, rehabilitation, or replacement.
531
f. The formulation of housing implementation programs.
532
g. The creation or preservation of affordable housing to
533
minimize the need for additional local services and avoid the
534
concentration of affordable housing units only in specific areas
535
of the jurisdiction.
536
(I)h. By July 1, 2008, each county in which the gap between
537
the buying power of a family of four and the median county home
538
sale price exceeds $170,000, as determined by the Florida Housing
539
Finance Corporation, and which is not designated as an area of
540
critical state concern shall adopt a plan for ensuring affordable
541
workforce housing. At a minimum, the plan shall identify adequate
542
sites for such housing. For purposes of this sub-subparagraph,
543
the term "workforce housing" means housing that is affordable to
544
natural persons or families whose total household income does not
545
exceed 140 percent of the area median income, adjusted for
546
household size.
547
(II)i. As a precondition to receiving any state affordable
548
housing funding or allocation for any project or program within
549
the jurisdiction of a county that is subject to sub-sub-
550
subparagraph (I), a county must, by July 1 of each year, provide
551
certification that the county has complied with the requirements
552
of sub-sub-subparagraph (I). Failure by a local government to
553
comply with the requirement in sub-subparagraph h. will result in
554
the local government being ineligible to receive any state
555
housing assistance grants until the requirement of sub-
556
subparagraph h. is met.
557
2. The goals, objectives, and policies of the housing
558
element must be based on the data and analysis prepared on
559
housing needs, including the affordable housing needs assessment.
560
State and federal housing plans prepared on behalf of the local
561
government must be consistent with the goals, objectives, and
562
policies of the housing element. Local governments are encouraged
563
to use utilize job training, job creation, and economic solutions
564
to address a portion of their affordable housing concerns.
565
3.2. To assist local governments in housing data collection
566
and analysis and assure uniform and consistent information
567
regarding the state's housing needs, the state land planning
568
agency shall conduct an affordable housing needs assessment for
569
all local jurisdictions on a schedule that coordinates the
570
implementation of the needs assessment with the evaluation and
571
appraisal reports required by s. 163.3191. Each local government
572
shall use utilize the data and analysis from the needs assessment
573
as one basis for the housing element of its local comprehensive
574
plan. The agency shall allow a local government the option to
575
perform its own needs assessment, if it uses the methodology
576
established by the agency by rule.
577
(g)1. For those units of local government identified in s.
578
380.24, a coastal management element, appropriately related to
579
the particular requirements of paragraphs (d) and (e) and meeting
580
the requirements of s. 163.3178(2) and (3). The coastal
581
management element shall set forth the policies that shall guide
582
the local government's decisions and program implementation with
583
respect to the following objectives:
584
a. Maintenance, restoration, and enhancement of the overall
585
quality of the coastal zone environment, including, but not
586
limited to, its amenities and aesthetic values.
587
b. Continued existence of viable populations of all species
588
of wildlife and marine life.
589
c. The orderly and balanced utilization and preservation,
590
consistent with sound conservation principles, of all living and
591
nonliving coastal zone resources.
592
d. Avoidance of irreversible and irretrievable loss of
593
coastal zone resources.
594
e. Ecological planning principles and assumptions to be
595
used in the determination of suitability and extent of permitted
596
development.
597
f. Proposed management and regulatory techniques.
598
g. Limitation of public expenditures that subsidize
599
development in high-hazard coastal areas.
600
h. Protection of human life against the effects of natural
601
disasters.
602
i. The orderly development, maintenance, and use of ports
603
identified in s. 403.021(9) to facilitate deepwater commercial
604
navigation and other related activities.
605
j. Preservation, including sensitive adaptive use of
606
historic and archaeological resources.
607
2. As part of this element, a local government that has a
608
coastal management element in its comprehensive plan is
609
encouraged to adopt recreational surface water use policies that
610
include applicable criteria for and consider such factors as
611
natural resources, manatee protection needs, protection of
612
working waterfronts and public access to the water, and
613
recreation and economic demands. Criteria for manatee protection
614
in the recreational surface water use policies should reflect
615
applicable guidance outlined in the Boat Facility Siting Guide
616
prepared by the Fish and Wildlife Conservation Commission. If the
617
local government elects to adopt recreational surface water use
618
policies by comprehensive plan amendment, such comprehensive plan
619
amendment is exempt from the provisions of s. 163.3187(1). Local
620
governments that wish to adopt recreational surface water use
621
policies may be eligible for assistance with the development of
622
such policies through the Florida Coastal Management Program. The
623
Office of Program Policy Analysis and Government Accountability
624
shall submit a report on the adoption of recreational surface
625
water use policies under this subparagraph to the President of
626
the Senate, the Speaker of the House of Representatives, and the
627
majority and minority leaders of the Senate and the House of
628
Representatives no later than December 1, 2010.
629
(h)1. An intergovernmental coordination element showing
630
relationships and stating principles and guidelines to be used in
631
the accomplishment of coordination of the adopted comprehensive
632
plan with the plans of school boards, regional water supply
633
authorities, and other units of local government providing
634
services but not having regulatory authority over the use of
635
land, with the comprehensive plans of adjacent municipalities,
636
the county, adjacent counties, or the region, with the state
637
comprehensive plan and with the applicable regional water supply
638
plan approved pursuant to s. 373.0361, as the case may require
639
and as such adopted plans or plans in preparation may exist. This
640
element of the local comprehensive plan shall demonstrate
641
consideration of the particular effects of the local plan, when
642
adopted, upon the development of adjacent municipalities, the
643
county, adjacent counties, or the region, or upon the state
644
comprehensive plan, as the case may require.
645
a. The intergovernmental coordination element shall provide
646
for procedures to identify and implement joint planning areas,
647
especially for the purpose of annexation, municipal
648
incorporation, and joint infrastructure service areas.
649
b. The intergovernmental coordination element shall provide
650
for recognition of campus master plans prepared pursuant to s.
651
1013.30 and the school district's educational facilities plan
652
approved pursuant to s. 1013.35.
653
c. The intergovernmental coordination element may provide
654
for a voluntary dispute resolution process as established
655
pursuant to s. 186.509 for bringing to closure in a timely manner
656
intergovernmental disputes. A local government may develop and
657
use an alternative local dispute resolution process for this
658
purpose.
659
2. The intergovernmental coordination element shall further
660
state principles and guidelines to be used in the accomplishment
661
of coordination of the adopted comprehensive plan with the plans
662
of school boards and other units of local government providing
663
facilities and services but not having regulatory authority over
664
the use of land. In addition, the intergovernmental coordination
665
element shall describe joint processes for collaborative planning
666
and decisionmaking on population projections and public school
667
siting, the location and extension of public facilities subject
668
to concurrency, and siting facilities with countywide
669
significance, including locally unwanted land uses whose nature
670
and identity are established in an agreement. Within 1 year of
671
adopting their intergovernmental coordination elements, each
672
county, all the municipalities within that county, the district
673
school board, and any unit of local government service providers
674
in that county shall establish by interlocal or other formal
675
agreement executed by all affected entities, the joint processes
676
described in this subparagraph consistent with their adopted
677
intergovernmental coordination elements.
678
3. To foster coordination between special districts and
679
local general-purpose governments as local general-purpose
680
governments implement local comprehensive plans, each independent
681
special district must submit a public facilities report to the
682
appropriate local government as required by s. 189.415.
683
4.a. Local governments must execute an interlocal agreement
684
with the district school board, the county, and nonexempt
685
municipalities pursuant to s. 163.31777. The local government
686
shall amend the intergovernmental coordination element to provide
687
that coordination between the local government and school board
688
is pursuant to the agreement and shall state the obligations of
689
the local government under the agreement.
690
b. Plan amendments that comply with this subparagraph are
691
exempt from the provisions of s. 163.3187(1).
692
5. The state land planning agency shall establish a
693
schedule for phased completion and transmittal of plan amendments
694
to implement subparagraphs 1., 2., and 3. from all jurisdictions
695
so as to accomplish their adoption by December 31, 1999. A local
696
government may complete and transmit its plan amendments to carry
697
out these provisions prior to the scheduled date established by
698
the state land planning agency. The plan amendments are exempt
699
from the provisions of s. 163.3187(1).
700
6. By January 1, 2004, any county having a population
701
greater than 100,000, and the municipalities and special
702
districts within that county, shall submit a report to the
703
Department of Community Affairs which:
704
a. Identifies all existing or proposed interlocal service
705
delivery agreements regarding the following: education; sanitary
706
sewer; public safety; solid waste; drainage; potable water; parks
707
and recreation; and transportation facilities.
708
b. Identifies any deficits or duplication in the provision
709
of services within its jurisdiction, whether capital or
710
operational. Upon request, the Department of Community Affairs
711
shall provide technical assistance to the local governments in
712
identifying deficits or duplication.
713
7. Within 6 months after submission of the report, the
714
Department of Community Affairs shall, through the appropriate
715
regional planning council, coordinate a meeting of all local
716
governments within the regional planning area to discuss the
717
reports and potential strategies to remedy any identified
718
deficiencies or duplications.
719
8. Each local government shall update its intergovernmental
720
coordination element based upon the findings in the report
721
submitted pursuant to subparagraph 6. The report may be used as
722
supporting data and analysis for the intergovernmental
723
coordination element.
724
(7) The comprehensive plan may include the following
725
additional elements, or portions or phases thereof:
726
(e) A public buildings and related facilities element
727
showing locations and arrangements of civic and community
728
centers, public schools, hospitals, libraries, police and fire
729
stations, and other public buildings. This plan element should
730
show particularly how it is proposed to effect coordination with
731
governmental units, such as school boards or hospital
732
authorities, having public development and service
733
responsibilities, capabilities, and potential but not having land
734
development regulatory authority. This element may include plans
735
for architecture and landscape treatment of their grounds, except
736
that, for public school facilities, the element shall be
737
coordinated with the public school facilities element required by
738
subsection (12) and the interlocal agreement required by s.
739
163.31777 and may not impose design standards, site plan
740
standards, or other development conditions that are inconsistent
741
with the requirements of chapter 1013 and any state requirements
742
for educational facilities or that are inconsistent with
743
maintaining a balanced, financially feasible school district
744
facilities work plan.
745
(10) The Legislature recognizes the importance and
746
significance of chapter 9J-5, Florida Administrative Code, the
747
Minimum Criteria for Review of Local Government Comprehensive
748
Plans and Determination of Compliance of the Department of
749
Community Affairs that will be used to determine compliance of
750
local comprehensive plans. The Legislature reserved unto itself
751
the right to review chapter 9J-5, Florida Administrative Code,
752
and to reject, modify, or take no action relative to this rule.
753
Therefore, pursuant to subsection (9), the Legislature hereby has
754
reviewed chapter 9J-5, Florida Administrative Code, and expresses
755
the following legislative intent:
756
(i) The Legislature recognizes that due to varying local
757
conditions, local governments have different planning needs that
758
cannot be addressed by one uniform set of minimum planning
759
criteria. Therefore, the state land planning agency may amend
760
chapter 9J-5, Florida Administrative Code, to establish different
761
minimum criteria that are applicable to local governments based
762
on the following factors:
763
1. Current and projected population.
764
2. Size of the local jurisdiction.
765
3. Amount and nature of undeveloped land.
766
4. The scale of public services provided by the local
767
government.
768
769
The state land planning agency department shall take into account
770
the factors delineated in rule 9J-5.002(2), Florida
771
Administrative Code, as it provides assistance to local
772
governments and applies the rule in specific situations with
773
regard to the detail of the data and analysis required.
774
(12) A public school facilities element adopted to
775
implement a school concurrency program shall meet the
776
requirements of this subsection. Each county and each
777
municipality within the county, unless exempt or subject to a
778
waiver, must adopt a public school facilities element that is
779
consistent with those adopted by the other local governments
780
within the county and enter the interlocal agreement pursuant to
781
s. 163.31777.
782
(i) The state land planning agency shall establish a phased
783
schedule for adoption of the public school facilities element and
784
the required updates to the public schools interlocal agreement
785
pursuant to s. 163.31777. The schedule shall provide for each
786
county and local government within the county to adopt the
787
element and update to the agreement no later than December 1,
788
2009 2008. Plan amendments to adopt a public school facilities
789
element are exempt from the provisions of s. 163.3187(1).
790
(13) Local governments are encouraged to develop a
791
community vision that provides for sustainable growth, recognizes
792
its fiscal constraints, and protects its natural resources. At
793
the request of a local government, the applicable regional
794
planning council shall provide assistance in the development of a
795
community vision.
796
(a) As part of the process of developing a community vision
797
under this section, the local government must hold two public
798
meetings with at least one of those meetings before the local
799
planning agency. Before those public meetings, the local
800
government must hold at least one public workshop with
801
stakeholder groups such as neighborhood associations, community
802
organizations, businesses, private property owners, housing and
803
development interests, and environmental organizations.
804
(b) The local government must, at a minimum, discuss five
805
of the following topics as part of the workshops and public
806
meetings required under paragraph (a):
807
1. Future growth in the area using population forecasts
808
from the Bureau of Economic and Business Research;
809
2. Priorities for economic development;
810
3. Preservation of open space, environmentally sensitive
811
lands, and agricultural lands;
812
4. Appropriate areas and standards for mixed-use
813
development;
814
5. Appropriate areas and standards for high-density
815
commercial and residential development;
816
6. Appropriate areas and standards for economic development
817
opportunities and employment centers;
818
7. Provisions for adequate workforce housing;
819
8. An efficient, interconnected multimodal transportation
820
system; and
821
9. Opportunities to create land use patterns that
822
accommodate the issues listed in subparagraphs 1.-8.
823
(c) As part of the workshops and public meetings, the local
824
government must discuss strategies for addressing the topics
825
discussed under paragraph (b), including:
826
1. Strategies to preserve open space and environmentally
827
sensitive lands, and to encourage a healthy agricultural economy,
828
including innovative planning and development strategies, such as
829
the transfer of development rights;
830
2. Incentives for mixed-use development, including
831
increased height and intensity standards for buildings that
832
provide residential use in combination with office or commercial
833
space;
834
3. Incentives for workforce housing;
835
4. Designation of an urban service boundary pursuant to
836
subsection (2); and
837
5. Strategies to provide mobility within the community and
838
to protect the Strategic Intermodal System, including the
839
development of a transportation corridor management plan under s.
840
841
(d) The community vision must reflect the community's
842
shared concept for growth and development of the community,
843
including visual representations depicting the desired land use
844
patterns and character of the community during a 10-year planning
845
timeframe. The community vision must also take into consideration
846
economic viability of the vision and private property interests.
847
(e) After the workshops and public meetings required under
848
paragraph (a) are held, the local government may amend its
849
comprehensive plan to include the community vision as a component
850
in the plan. This plan amendment must be transmitted and adopted
852
hearings of the governing body other than those identified in
853
paragraph (a).
854
(f) Amendments submitted under this subsection are exempt
855
from the limitation on the frequency of plan amendments in s.
856
857
(g) A local government that has developed a community
858
vision or completed a visioning process after July 1, 2000, and
859
before July 1, 2005, which substantially accomplishes the goals
860
set forth in this subsection and the appropriate goals, policies,
861
or objectives have been adopted as part of the comprehensive plan
862
or reflected in subsequently adopted land development regulations
863
and the plan amendment incorporating the community vision as a
864
component has been found in compliance is eligible for the
865
incentives in s. 163.3184(17).
866
(14) Local governments are also encouraged to designate an
867
urban service boundary. This area must be appropriate for
868
compact, contiguous urban development within a 10-year planning
869
timeframe. The urban service area boundary must be identified on
870
the future land use map or map series. The local government shall
871
demonstrate that the land included within the urban service
872
boundary is served or is planned to be served with adequate
873
public facilities and services based on the local government's
874
adopted level-of-service standards by adopting a 10-year
875
facilities plan in the capital improvements element which is
876
financially feasible. The local government shall demonstrate that
877
the amount of land within the urban service boundary does not
878
exceed the amount of land needed to accommodate the projected
879
population growth at densities consistent with the adopted
880
comprehensive plan within the 10-year planning timeframe.
881
(a) As part of the process of establishing an urban service
882
boundary, the local government must hold two public meetings with
883
at least one of those meetings before the local planning agency.
884
Before those public meetings, the local government must hold at
885
least one public workshop with stakeholder groups such as
886
neighborhood associations, community organizations, businesses,
887
private property owners, housing and development interests, and
888
environmental organizations.
889
(b)1. After the workshops and public meetings required
890
under paragraph (a) are held, the local government may amend its
891
comprehensive plan to include the urban service boundary. This
892
plan amendment must be transmitted and adopted pursuant to the
894
governing body other than those required under paragraph (a).
895
2. This subsection does not prohibit new development
896
outside an urban service boundary. However, a local government
897
that establishes an urban service boundary under this subsection
898
is encouraged to require a full-cost-accounting analysis for any
899
new development outside the boundary and to consider the results
900
of that analysis when adopting a plan amendment for property
901
outside the established urban service boundary.
902
(c) Amendments submitted under this subsection are exempt
903
from the limitation on the frequency of plan amendments in s.
904
905
(d) A local government that has adopted an urban service
906
boundary before July 1, 2005, which substantially accomplishes
907
the goals set forth in this subsection is not required to comply
908
with paragraph (a) or subparagraph 1. of paragraph (b) in order
909
to be eligible for the incentives under s. 163.3184(17). In order
910
to satisfy the provisions of this paragraph, the local government
911
must secure a determination from the state land planning agency
912
that the urban service boundary adopted before July 1, 2005,
913
substantially complies with the criteria of this subsection,
914
based on data and analysis submitted by the local government to
915
support this determination. The determination by the state land
916
planning agency is not subject to administrative challenge.
917
Section 5. Subsections (3), (4), (5), and (6) of section
918
163.31771, Florida Statutes, are amended to read:
919
163.31771 Accessory dwelling units.--
920
(3) Upon a finding by a local government that there is a
921
shortage of affordable rentals within its jurisdiction, the local
922
government may amend its comprehensive plan adopt an ordinance to
923
allow accessory dwelling units in any area zoned for single-
924
family residential use.
925
(4) If the local government amends its comprehensive plan
926
pursuant to adopts an ordinance under this section, an
927
application for a building permit to construct an accessory
928
dwelling unit must include an affidavit from the applicant which
929
attests that the unit will be rented at an affordable rate to an
930
extremely-low-income, very-low-income, low-income, or moderate-
931
income person or persons.
932
(5) Each accessory dwelling unit allowed by the
933
comprehensive plan an ordinance adopted under this section shall
934
apply toward satisfying the affordable housing component of the
935
housing element in the local government's comprehensive plan
936
under s. 163.3177(6)(f), and if such unit is subject to a
937
recorded land use restriction agreement restricting its use to
938
affordable housing, the unit may not be treated as a new unit for
939
purposes of transportation concurrency or impact fees. Accessory
940
dwelling units may not be located on land within a coastal high-
941
hazard area, an area of critical state concern, or on lands
942
identified as environmentally sensitive in the local
943
comprehensive plan.
944
(6) The Department of Community Affairs shall evaluate the
945
effectiveness of using accessory dwelling units to address a
946
local government's shortage of affordable housing and report to
947
the Legislature by January 1, 2007. The report must specify the
948
number of ordinances adopted by a local government under this
949
section and the number of accessory dwelling units that were
950
created under these ordinances.
951
Section 6. Paragraph (h) of subsection (2) and subsection
952
(9) of section 163.3178, Florida Statutes, are amended to read:
953
163.3178 Coastal management.--
954
(2) Each coastal management element required by s.
955
163.3177(6)(g) shall be based on studies, surveys, and data; be
956
consistent with coastal resource plans prepared and adopted
957
pursuant to general or special law; and contain:
958
(h) Designation of coastal high-hazard areas and the
959
criteria for mitigation for a comprehensive plan amendment in a
960
coastal high-hazard area as provided defined in subsection (9).
961
The coastal high-hazard area is the area seaward of below the
962
elevation of the category 1 storm surge line as established by a
963
Sea, Lake, and Overland Surges from Hurricanes (SLOSH)
964
computerized storm surge model. Except as demonstrated by site-
965
specific, reliable data and analysis, the coastal high-hazard
966
area includes all lands within the area from the mean low-water
967
line to the inland extent of the category 1 storm surge area.
968
Such area is depicted by, but not limited to, the areas
969
illustrated in the most current SLOSH Storm Surge Atlas.
970
Application of mitigation and the application of development and
971
redevelopment policies, pursuant to s. 380.27(2), and any rules
972
adopted thereunder, shall be at the discretion of the local
973
government.
974
(9)(a) Local governments may elect to comply with state
975
coastal high-hazard provisions pursuant to rule 9J-5.012(3)(b)6.
976
and 7., Florida Administrative Code, through the process provided
977
in this section.
978
(a) A proposed comprehensive plan amendment shall be found
979
in compliance with state coastal high-hazard provisions pursuant
980
to rule 9J-5.012(3)(b)6. and 7., Florida Administrative Code, if:
981
1. The area subject to the amendment is not:
982
a. Within a designated area of critical state concern;
983
b. Inclusive of areas within the FEMA velocity zones;
984
c. Subject to coastal erosion;
985
d. Seaward of the coastal construction control line; or
986
e. Subject to repetitive damage from coastal storms and
987
floods.
988
2. The local government has adopted the following as a part
989
of its comprehensive plan:
990
a. Hazard mitigation strategies that reduce, replace, or
991
eliminate unsafe structures and properties subject to repetitive
992
losses from coastal storms or floods.
993
b. Measures that reduce exposure to hazards including:
994
(I) Relocation;
995
(II) Structural modifications of threatened infrastructure;
996
(III) Provisions for operational or capacity improvements
997
to maintain hurricane evacuation clearance times within
998
established limits; and
999
(IV) Prohibiting public expenditures for capital
1000
improvements that subsidize increased densities and intensities
1001
of development within the coastal high-hazard area.
1002
c. A postdisaster redevelopment plan.
1003
3.a. The adopted level of service for out-of-county
1004
hurricane evacuation clearance time is maintained for a category
1005
5 storm event as measured on the Saffir-Simpson scale if the
1006
adopted out-of-county hurricane evacuation clearance time does
1007
not exceed 16 hours and is based upon the time necessary to reach
1008
shelter space;
1009
b.2. A 12-hour evacuation time to shelter is maintained for
1010
a category 5 storm event as measured on the Saffir-Simpson scale
1011
and shelter space reasonably expected to accommodate the
1012
residents of the development contemplated by a proposed
1013
comprehensive plan amendment is available; or
1014
c.3. Appropriate mitigation is provided to ensure that the
1015
requirements of sub-subparagraph a. or sub-subparagraph b. are
1016
achieved. will satisfy the provisions of subparagraph 1. or
1017
subparagraph 2. Appropriate mitigation shall include, without
1018
limitation, payment of money, contribution of land, and
1019
construction of hurricane shelters and transportation facilities.
1020
Required mitigation may shall not exceed the amount required for
1021
a developer to accommodate impacts reasonably attributable to
1022
development. A local government and a developer shall enter into
1023
a binding agreement to establish memorialize the mitigation plan.
1024
The executed agreement must be submitted along with the adopted
1025
plan amendment.
1026
(b) For those local governments that have not established a
1027
level of service for out-of-county hurricane evacuation by July
1028
1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
1029
Florida Administrative Code, by following the process in
1030
paragraph (a), the level of service may not exceed shall be no
1031
greater than 16 hours for a category 5 storm event as measured on
1032
the Saffir-Simpson scale based upon the time necessary to reach
1033
shelter space.
1034
(c) This subsection applies shall become effective
1035
immediately and shall apply to all local governments. By No later
1036
than July 1, 2009 2008, local governments shall amend their
1037
future land use map and coastal management element to include the
1038
new definition of coastal high-hazard area provided in paragraph
1039
(2)(h) and to depict the coastal high-hazard area on the future
1040
land use map.
1041
Section 7. Section 163.3180, Florida Statutes, is amended
1042
to read:
1043
163.3180 Concurrency.--
1044
(1) APPLICABILITY OF CONCURRENCY REQUIREMENT.--
1045
(a) Public facility types.--Sanitary sewer, solid waste,
1046
drainage, potable water, parks and recreation, schools, and
1047
transportation facilities, including mass transit, where
1048
applicable, are the only public facilities and services subject
1049
to the concurrency requirement on a statewide basis. Additional
1050
public facilities and services may not be made subject to
1051
concurrency on a statewide basis without appropriate study and
1052
approval by the Legislature; however, any local government may
1053
extend the concurrency requirement so that it applies to apply to
1054
additional public facilities within its jurisdiction.
1055
(b) Transportation methodologies.--Local governments shall
1056
use professionally accepted techniques for measuring level of
1057
service for automobiles, bicycles, pedestrians, transit, and
1058
trucks. These techniques may be used to evaluate increased
1059
accessibility by multiple modes and reductions in vehicle miles
1060
of travel in an area or zone. The state land planning agency and
1061
the Department of Transportation shall develop methodologies to
1062
assist local governments in implementing this multimodal level-
1063
of-service analysis and. The Department of Community Affairs and
1064
the Department of Transportation shall provide technical
1065
assistance to local governments in applying the these
1066
methodologies.
1067
(2) PUBLIC FACILITY AVAILABILITY STANDARDS.--
1068
(a) Sanitary sewer, solid waste, drainage, adequate water
1069
supply, and potable water facilities.--Consistent with public
1070
health and safety, sanitary sewer, solid waste, drainage,
1071
adequate water supplies, and potable water facilities shall be in
1072
place and available to serve new development no later than the
1073
issuance by the local government of a certificate of occupancy or
1074
its functional equivalent. Prior to approval of a building permit
1075
or its functional equivalent, the local government shall consult
1076
with the applicable water supplier to determine whether adequate
1077
water supplies to serve the new development will be available by
1078
no later than the anticipated date of issuance by the local
1079
government of the a certificate of occupancy or its functional
1080
equivalent. A local government may meet the concurrency
1081
requirement for sanitary sewer through the use of onsite sewage
1082
treatment and disposal systems approved by the Department of
1083
Health to serve new development.
1084
(b) Parks and recreation facilities.--Consistent with the
1085
public welfare, and except as otherwise provided in this section,
1086
parks and recreation facilities to serve new development shall be
1087
in place or under actual construction within no later than 1 year
1088
after issuance by the local government of a certificate of
1089
occupancy or its functional equivalent. However, the acreage for
1090
such facilities must shall be dedicated or be acquired by the
1091
local government prior to issuance by the local government of the
1092
a certificate of occupancy or its functional equivalent, or funds
1093
in the amount of the developer's fair share shall be committed no
1094
later than the local government's approval to commence
1095
construction.
1096
(c) Transportation facilities.--Consistent with the public
1097
welfare, and except as otherwise provided in this section,
1098
transportation facilities needed to serve new development must
1099
shall be in place or under actual construction within 3 years
1100
after the local government approves a building permit or its
1101
functional equivalent that results in traffic generation.
1102
(3) ESTABLISHING LEVEL-OF-SERVICE STANDARDS.--Governmental
1103
entities that are not responsible for providing, financing,
1104
operating, or regulating public facilities needed to serve
1105
development may not establish binding level-of-service standards
1106
on governmental entities that do bear those responsibilities.
1107
This subsection does not limit the authority of any agency to
1108
recommend or make objections, recommendations, comments, or
1109
determinations during reviews conducted under s. 163.3184.
1110
(4) APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.--
1111
(a) State and other public facilities.--The concurrency
1112
requirement as implemented in local comprehensive plans applies
1113
to state and other public facilities and development to the same
1114
extent that it applies to all other facilities and development,
1115
as provided by law.
1116
(b) Public transit facilities.--The concurrency requirement
1117
as implemented in local comprehensive plans does not apply to
1118
public transit facilities. For the purposes of this paragraph,
1119
public transit facilities include transit stations and terminals;
1120
transit station parking; park-and-ride lots; intermodal public
1121
transit connection or transfer facilities; fixed bus, guideway,
1122
and rail stations; and airport passenger terminals and
1123
concourses, air cargo facilities, and hangars for the maintenance
1124
or storage of aircraft. As used in this paragraph, the terms
1125
"terminals" and "transit facilities" do not include seaports or
1126
commercial or residential development constructed in conjunction
1127
with a public transit facility.
1128
(c) Infill and redevelopment areas.--The concurrency
1129
requirement, except as it relates to transportation facilities
1130
and public schools, as implemented in local government
1131
comprehensive plans, may be waived by a local government for
1132
urban infill and redevelopment areas designated pursuant to s.
1133
163.2517 if such a waiver does not endanger public health or
1134
safety as defined by the local government in its local government
1135
comprehensive plan. The waiver must shall be adopted as a plan
1136
amendment using pursuant to the process set forth in s.
1137
163.3187(3)(a). A local government may grant a concurrency
1138
exception pursuant to subsection (5) for transportation
1139
facilities located within these urban infill and redevelopment
1140
areas.
1141
(5) TRANSPORTATION CONCURRENCY EXCEPTION AREAS.--
1142
(a) Countervailing planning and public policy goals.--The
1143
Legislature finds that under limited circumstances dealing with
1144
transportation facilities, countervailing planning and public
1145
policy goals may come into conflict with the requirement that
1146
adequate public transportation facilities and services be
1147
available concurrent with the impacts of such development. The
1148
Legislature further finds that often the unintended result of the
1149
concurrency requirement for transportation facilities is often
1150
the discouragement of urban infill development and redevelopment.
1151
Such unintended results directly conflict with the goals and
1152
policies of the state comprehensive plan and the intent of this
1153
part. The Legislature also finds that in urban centers
1154
transportation cannot be effectively managed and mobility cannot
1155
be improved solely through the expansion of roadway capacity,
1156
that the expansion of roadway capacity is not always physically
1157
or financially possible, and that a range of transportation
1158
alternatives are essential to satisfy mobility needs, reduce
1159
congestion, and achieve healthy, vibrant centers. Therefore,
1160
transportation concurrency exception areas must achieve the goals
1161
and objectives of this part exceptions from the concurrency
1162
requirement for transportation facilities may be granted as
1163
provided by this subsection.
1164
(b) Geographic applicability.--
1165
1. Within municipalities, transportation concurrency
1166
exception areas are established for geographic areas identified
1167
in the adopted portion of the comprehensive plan as of July 1,
1168
2008, for:
1169
a. Urban infill development;
1170
b. Urban redevelopment;
1171
c. Downtown revitalization; or
1172
d. Urban infill and redevelopment under s. 163.2517.
1173
2. In other portions of the state, including municipalities
1174
and unincorporated areas of counties, a local government may
1175
adopt a comprehensive plan amendment establishing a
1176
transportation concurrency exception area grant an exception from
1177
the concurrency requirement for transportation facilities if the
1178
proposed development is otherwise consistent with the adopted
1179
local government comprehensive plan and is a project that
1180
promotes public transportation or is located within an area
1181
designated in the comprehensive plan for:
1182
a.1. Urban infill development;
1183
b.2. Urban redevelopment;
1184
c.3. Downtown revitalization;
1185
d.4. Urban infill and redevelopment under s. 163.2517; or
1186
e.5. An urban service area specifically designated as a
1187
transportation concurrency exception area which includes lands
1188
appropriate for compact, contiguous urban development, which does
1189
not exceed the amount of land needed to accommodate the projected
1190
population growth at densities consistent with the adopted
1191
comprehensive plan within the 10-year planning period, and which
1192
is served or is planned to be served with public facilities and
1193
services as provided by the capital improvements element.
1194
(c) Projects having special part-time demands.--The
1195
Legislature also finds that developments located within urban
1196
infill, urban redevelopment, existing urban service, or downtown
1197
revitalization areas or areas designated as urban infill and
1198
redevelopment areas under s. 163.2517 which pose only special
1199
part-time demands on the transportation system should be excepted
1200
from the concurrency requirement for transportation facilities. A
1201
special part-time demand is one that does not have more than 200
1202
scheduled events during any calendar year and does not affect the
1203
100 highest traffic volume hours.
1204
(d) Long-term strategies within transportation concurrency
1205
exception areas.--Except for transportation concurrency exception
1206
areas established pursuant to subparagraph (b)1., the following
1207
requirements apply: A local government shall establish guidelines
1208
in the comprehensive plan for granting the exceptions authorized
1209
in paragraphs (b) and (c) and subsections (7) and (15) which must
1210
be consistent with and support a comprehensive strategy adopted
1211
in the plan to promote the purpose of the exceptions.
1212
1.(e) The local government shall adopt into the plan and
1213
implement long-term strategies to support and fund mobility
1214
within the designated exception area, including alternative modes
1215
of transportation. The plan amendment must also demonstrate how
1216
strategies will support the purpose of the exception and how
1217
mobility within the designated exception area will be provided.
1218
2. In addition, The strategies must address urban design;
1219
appropriate land use mixes, including intensity and density; and
1220
network connectivity plans needed to promote urban infill,
1221
redevelopment, or downtown revitalization. The comprehensive plan
1222
amendment designating the concurrency exception area must be
1223
accompanied by data and analysis justifying the size of the area.
1224
(e)(f) Strategic Intermodal System.-- Prior to the
1225
designation of a concurrency exception area pursuant to
1226
subparagraph (b)2., the state land planning agency and the
1227
Department of Transportation shall be consulted by the local
1228
government to assess the impact that the proposed exception area
1229
is expected to have on the adopted level-of-service standards
1230
established for Strategic Intermodal System facilities, as
1231
defined in s. 339.64, and roadway facilities funded in accordance
1232
with s. 339.2819 and to provide for mitigation of the impacts.
1233
Further, as a part of the comprehensive plan amendment
1234
establishing the exception area, the local government shall
1235
provide for mitigation of impacts, in consultation with the state
1236
land planning agency and the Department of Transportation,
1237
develop a plan to mitigate any impacts to the Strategic
1238
Intermodal System, including, if appropriate, access management,
1239
parallel reliever roads, transportation demand management, and
1240
other measures the development of a long-term concurrency
1241
management system pursuant to subsection (9) and s.
1242
163.3177(3)(d). The exceptions may be available only within the
1243
specific geographic area of the jurisdiction designated in the
1244
plan. Pursuant to s. 163.3184, any affected person may challenge
1245
a plan amendment establishing these guidelines and the areas
1246
within which an exception could be granted.
1247
(g) Transportation concurrency exception areas existing
1248
prior to July 1, 2005, must, at a minimum, meet the provisions of
1249
this section by July 1, 2006, or at the time of the comprehensive
1250
plan update pursuant to the evaluation and appraisal report,
1251
whichever occurs last.
1252
(6) DE MINIMIS IMPACT.--The Legislature finds that a de
1253
minimis impact is consistent with this part. A de minimis impact
1254
is an impact that does would not affect more than 1 percent of
1255
the maximum volume at the adopted level of service of the
1256
affected transportation facility as determined by the local
1257
government. An No impact is not will be de minimis if the sum of
1258
existing roadway volumes and the projected volumes from approved
1259
projects on a transportation facility exceeds would exceed 110
1260
percent of the maximum volume at the adopted level of service of
1261
the affected transportation facility; provided however, the that
1262
an impact of a single family home on an existing lot is will
1263
constitute a de minimis impact on all roadways regardless of the
1264
level of the deficiency of the roadway. Further, an no impact is
1265
not will be de minimis if it exceeds would exceed the adopted
1266
level-of-service standard of any affected designated hurricane
1267
evacuation routes. Each local government shall maintain
1268
sufficient records to ensure that the 110-percent criterion is
1269
not exceeded. Each local government shall submit annually, with
1270
its updated capital improvements element, a summary of the de
1271
minimis records. If the state land planning agency determines
1272
that the 110-percent criterion has been exceeded, the state land
1273
planning agency shall notify the local government of the
1274
exceedance and that no further de minimis exceptions for the
1275
applicable roadway may be granted until such time as the volume
1276
is reduced below the 110 percent. The local government shall
1277
provide proof of this reduction to the state land planning agency
1278
before issuing further de minimis exceptions.
1279
(7) CONCURRENCY MANAGEMENT AREAS.--In order to promote
1280
infill development and redevelopment, one or more transportation
1281
concurrency management areas may be designated in a local
1282
government comprehensive plan. A transportation concurrency
1283
management area must be a compact geographic area that has with
1284
an existing network of roads where multiple, viable alternative
1285
travel paths or modes are available for common trips. A local
1286
government may establish an areawide level-of-service standard
1287
for such a transportation concurrency management area based upon
1288
an analysis that provides for a justification for the areawide
1289
level of service, how urban infill development or redevelopment
1290
will be promoted, and how mobility will be accomplished within
1291
the transportation concurrency management area. Prior to the
1292
designation of a concurrency management area, the local
1293
government shall consult with the state land planning agency and
1294
the Department of Transportation shall be consulted by the local
1295
government to assess the effect impact that the proposed
1296
concurrency management area is expected to have on the adopted
1297
level-of-service standards established for Strategic Intermodal
1298
System facilities, as defined in s. 339.64, and roadway
1299
facilities funded in accordance with s. 339.2819. Further, the
1300
local government shall, in cooperation with the state land
1301
planning agency and the Department of Transportation, develop a
1302
plan to mitigate any impacts to the Strategic Intermodal System,
1303
including, if appropriate, the development of a long-term
1304
concurrency management system pursuant to subsection (9) and s.
1305
163.3177(3)(d). Transportation concurrency management areas
1306
existing prior to July 1, 2005, shall meet, at a minimum, the
1307
provisions of this section by July 1, 2006, or at the time of the
1308
comprehensive plan update pursuant to the evaluation and
1309
appraisal report, whichever occurs last. The state land planning
1310
agency shall amend chapter 9J-5, Florida Administrative Code, to
1311
be consistent with this subsection.
1312
(8) URBAN REDEVELOPMENT.--When assessing the transportation
1313
impacts of proposed urban redevelopment within an established
1314
existing urban service area, 150 110 percent of the actual
1315
transportation impact caused by the previously existing
1316
development must be reserved for the redevelopment, even if the
1317
previously existing development has a lesser or nonexisting
1318
impact pursuant to the calculations of the local government.
1319
Redevelopment requiring less than 150 110 percent of the
1320
previously existing capacity may shall not be prohibited due to
1321
the reduction of transportation levels of service below the
1322
adopted standards. This does not preclude the appropriate
1323
assessment of fees or accounting for the impacts within the
1324
concurrency management system and capital improvements program of
1325
the affected local government. This paragraph does not affect
1326
local government requirements for appropriate development
1327
permits.
1328
(9) LONG-TERM CONCURRENCY MANAGEMENT.--
1329
(a) Each local government may adopt, as a part of its plan,
1330
long-term transportation and school concurrency management
1331
systems that have with a planning period of up to 10 years for
1332
specially designated districts or areas where significant
1333
backlogs exist. The plan may include interim level-of-service
1334
standards on certain facilities and shall rely on the local
1335
government's schedule of capital improvements for up to 10 years
1336
as a basis for issuing development orders that authorize
1337
commencement of construction in these designated districts or
1338
areas. The concurrency management system must be designed to
1339
correct existing deficiencies and set priorities for addressing
1340
backlogged facilities and be coordinated with the appropriate
1341
metropolitan planning organization. The concurrency management
1342
system must be financially feasible and consistent with other
1343
portions of the adopted local plan, including the future land use
1344
map.
1345
(b) If a local government has a transportation or school
1346
facility backlog for existing development which cannot be
1347
adequately addressed in a 10-year plan, the state land planning
1348
agency may allow it to develop a plan and long-term schedule of
1349
capital improvements covering up to 15 years for good and
1350
sufficient cause, based on a general comparison between the that
1351
local government and all other similarly situated local
1352
jurisdictions, using the following factors:
1353
1. The extent of the backlog.
1354
2. For roads, whether the backlog is on local or state
1355
roads.
1356
3. The cost of eliminating the backlog.
1357
4. The local government's tax and other revenue-raising
1358
efforts.
1359
(c) The local government may issue approvals to commence
1360
construction notwithstanding this section, consistent with and in
1361
areas that are subject to a long-term concurrency management
1362
system.
1363
(d) If the local government adopts a long-term concurrency
1364
management system, it must evaluate the system periodically. At a
1365
minimum, the local government must assess its progress toward
1366
improving levels of service within the long-term concurrency
1367
management district or area in the evaluation and appraisal
1368
report and determine any changes that are necessary to accelerate
1369
progress in meeting acceptable levels of service.
1370
(10) TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.--With
1371
regard to roadway facilities on the Strategic Intermodal System
1373
339.64, the Florida Intrastate Highway System as defined in s.
1374
338.001, and roadway facilities funded in accordance with s.
1375
339.2819, local governments shall adopt the level-of-service
1376
standard established by the Department of Transportation by rule.
1377
For all other roads on the State Highway System, local
1378
governments shall establish an adequate level-of-service standard
1379
that need not be consistent with any level-of-service standard
1380
established by the Department of Transportation. In establishing
1381
adequate level-of-service standards for any arterial roads, or
1382
collector roads as appropriate, which traverse multiple
1383
jurisdictions, local governments shall consider compatibility
1384
with the roadway facility's adopted level-of-service standards in
1385
adjacent jurisdictions. Each local government within a county
1386
shall use a professionally accepted methodology for measuring
1387
impacts on transportation facilities for the purposes of
1388
implementing its concurrency management system. Counties are
1389
encouraged to coordinate with adjacent counties, and local
1390
governments within a county are encouraged to coordinate, for the
1391
purpose of using common methodologies for measuring impacts on
1392
transportation facilities for the purpose of implementing their
1393
concurrency management systems.
1394
(11) LIMITATION OF LIABILITY.--In order to limit the
1395
liability of local governments, a local government may allow a
1396
landowner to proceed with development of a specific parcel of
1397
land notwithstanding a failure of the development to satisfy
1398
transportation concurrency, if when all the following factors are
1399
shown to exist:
1400
(a) The local government that has with jurisdiction over
1401
the property has adopted a local comprehensive plan that is in
1402
compliance.
1403
(b) The proposed development is would be consistent with
1404
the future land use designation for the specific property and
1405
with pertinent portions of the adopted local plan, as determined
1406
by the local government.
1407
(c) The local plan includes a financially feasible capital
1408
improvements element that provides for transportation facilities
1409
adequate to serve the proposed development, and the local
1410
government has not implemented that element.
1411
(d) The local government has provided a means for assessing
1412
by which the landowner for will be assessed a fair share of the
1413
cost of providing the transportation facilities necessary to
1414
serve the proposed development.
1415
(e) The landowner has made a binding commitment to the
1416
local government to pay the fair share of the cost of providing
1417
the transportation facilities to serve the proposed development.
1418
(12) REGIONAL IMPACT PROPORTIONATE SHARE.--A development of
1419
regional impact may satisfy the transportation concurrency
1420
requirements of the local comprehensive plan, the local
1421
government's concurrency management system, and s. 380.06 by
1422
payment of a proportionate-share contribution for local and
1423
regionally significant traffic impacts, if:
1424
(a) The development of regional impact which, based on its
1425
location or mix of land uses, is designed to encourage pedestrian
1426
or other nonautomotive modes of transportation;
1427
(b) The proportionate-share contribution for local and
1428
regionally significant traffic impacts is sufficient to pay for
1429
one or more required mobility improvements that will benefit the
1430
network of a regionally significant transportation facilities if
1431
impacts on the Strategic Intermodal System, the Florida
1432
Intrastate Highway System, and other regionally significant
1433
roadways outside the jurisdiction of the local government are
1434
mitigated based on the prioritization of needed improvements
1435
recommended by the regional planning council facility;
1436
(c) The owner and developer of the development of regional
1437
impact pays or assures payment of the proportionate-share
1438
contribution; and
1439
(d) If The regionally significant transportation facility
1440
to be constructed or improved is under the maintenance authority
1442
other than the local government that has with jurisdiction over
1443
the development of regional impact, the developer must is
1444
required to enter into a binding and legally enforceable
1445
commitment to transfer funds to the governmental entity having
1446
maintenance authority or to otherwise assure construction or
1447
improvement of the facility.
1448
1449
The proportionate-share contribution may be applied to any
1450
transportation facility to satisfy the provisions of this
1451
subsection and the local comprehensive plan., but, For the
1452
purposes of this subsection, the amount of the proportionate-
1453
share contribution shall be calculated based upon the cumulative
1454
number of trips from the proposed development expected to reach
1455
roadways during the peak hour from the complete buildout of a
1456
stage or phase being approved, divided by the change in the peak
1457
hour maximum service volume of roadways resulting from
1458
construction of an improvement necessary to maintain the adopted
1459
level of service, multiplied by the construction cost, at the
1460
time of developer payment, of the improvement necessary to
1461
maintain the adopted level of service. For purposes of this
1462
subsection, "construction cost" includes all associated costs of
1463
the improvement. Proportionate-share mitigation shall be limited
1464
to ensure that a development of regional impact meeting the
1465
requirements of this subsection mitigates its impact on the
1466
transportation system but is not responsible for the additional
1467
cost of reducing or eliminating backlogs. For purposes of this
1468
subsection, a "backlogged transportation facility" is defined as
1469
a facility on which the adopted level-of-service standard is
1470
exceeded by the existing level of service plus committed trips. A
1471
developer may not be required to fund or construct proportionate
1472
share mitigation that is more extensive, due to being on a
1473
backlogged transportation facility, than is necessary based
1474
solely on the impact of the development project being considered.
1475
This subsection also applies to Florida Quality Developments
1476
pursuant to s. 380.061 and to detailed specific area plans
1477
implementing optional sector plans pursuant to s. 163.3245.
1478
(13) SCHOOL CONCURRENCY.--School concurrency shall be
1479
established on a districtwide basis and shall include all public
1480
schools in the district and all portions of the district, whether
1481
located in a municipality or an unincorporated area unless exempt
1482
from the public school facilities element pursuant to s.
1483
163.3177(12). The application of school concurrency to
1484
development shall be based upon the adopted comprehensive plan,
1485
as amended. All local governments within a county, except as
1486
provided in paragraph (f), shall adopt and transmit to the state
1487
land planning agency the necessary plan amendments, along with
1488
the interlocal agreement, for a compliance review pursuant to s.
1489
163.3184(7) and (8). The minimum requirements for school
1490
concurrency are the following:
1491
(a) Public school facilities element.--A local government
1492
shall adopt and transmit to the state land planning agency a plan
1493
or plan amendment which includes a public school facilities
1494
element which is consistent with the requirements of s.
1495
163.3177(12) and which is determined to be in compliance as
1496
defined in s. 163.3184(1)(b). All local government public school
1497
facilities plan elements within a county must be consistent with
1498
each other as well as the requirements of this part.
1499
(b) Level-of-service standards.--The Legislature recognizes
1500
that an essential requirement for a concurrency management system
1501
is the level of service at which a public facility is expected to
1502
operate.
1503
1. Local governments and school boards imposing school
1504
concurrency shall exercise authority in conjunction with each
1505
other to establish jointly adequate level-of-service standards,
1506
as defined in chapter 9J-5, Florida Administrative Code,
1507
necessary to implement the adopted local government comprehensive
1508
plan, based on data and analysis.
1509
2. Public school level-of-service standards shall be
1510
included and adopted into the capital improvements element of the
1511
local comprehensive plan and shall apply districtwide to all
1512
schools of the same type. Types of schools may include
1513
elementary, middle, and high schools as well as special purpose
1514
facilities such as magnet schools.
1515
3. Local governments and school boards may use shall have
1516
the option to utilize tiered level-of-service standards to allow
1517
time to achieve an adequate and desirable level of service as
1518
circumstances warrant.
1519
4. A school district that includes relocatables in its
1520
inventory of student stations shall include relocatables in its
1521
calculation of capacity for purposes of determining whether
1522
levels of service have been achieved.
1523
(c) Service areas.--The Legislature recognizes that an
1524
essential requirement for a concurrency system is a designation
1525
of the area within which the level of service will be measured
1526
when an application for a residential development permit is
1527
reviewed for school concurrency purposes. This delineation is
1528
also important for purposes of determining whether the local
1529
government has a financially feasible public school capital
1530
facilities program for that will provide schools which will
1531
achieve and maintain the adopted level-of-service standards.
1532
1. In order to balance competing interests, preserve the
1533
constitutional concept of uniformity, and avoid disruption of
1534
existing educational and growth management processes, local
1535
governments are encouraged to initially apply school concurrency
1536
to development only on a districtwide basis so that a concurrency
1537
determination for a specific development is will be based upon
1538
the availability of school capacity districtwide. To ensure that
1539
development is coordinated with schools having available
1540
capacity, within 5 years after adoption of school concurrency,
1541
local governments shall apply school concurrency on a less than
1542
districtwide basis, such as using school attendance zones or
1543
concurrency service areas, as provided in subparagraph 2.
1544
2. For local governments applying school concurrency on a
1545
less than districtwide basis, such as utilizing school attendance
1546
zones or larger school concurrency service areas, local
1547
governments and school boards shall have the burden of
1548
demonstrating to demonstrate that the utilization of school
1549
capacity is maximized to the greatest extent possible in the
1550
comprehensive plan and amendment, taking into account
1551
transportation costs and court-approved desegregation plans, as
1552
well as other factors. In addition, in order to achieve
1553
concurrency within the service area boundaries selected by local
1554
governments and school boards, the service area boundaries,
1555
together with the standards for establishing those boundaries,
1556
shall be identified and included as supporting data and analysis
1557
for the comprehensive plan. Local governments shall ensure that
1558
each concurrency service area contains a public school of each
1559
type.
1560
3. Where school capacity is available on a districtwide
1561
basis but school concurrency is applied on a less than
1562
districtwide basis in the form of concurrency service areas, if
1563
the adopted level-of-service standard cannot be met in a
1564
particular service area as applied to an application for a
1565
development permit and if the needed capacity for the particular
1566
service area is available in one or more contiguous service
1567
areas, as adopted by the local government, then the local
1568
government may not deny an application for site plan or final
1569
subdivision approval or the functional equivalent for a
1570
development or phase of a development on the basis of school
1571
concurrency, and if issued, development impacts shall be shifted
1572
to contiguous service areas with schools having available
1573
capacity. For purposes of this subparagraph, the capacity of a
1574
school serving a contiguous service area shall be 100 percent of
1575
the capacity for that type of school based on the adopted level-
1576
of-service standard.
1577
(d) Financial feasibility.--The Legislature recognizes that
1578
financial feasibility is an important issue because the premise
1579
of concurrency is that the public facilities will be provided in
1580
order to achieve and maintain the adopted level-of-service
1581
standard. This part and chapter 9J-5, Florida Administrative
1582
Code, contain specific standards for determining to determine the
1583
financial feasibility of capital programs. These standards were
1584
adopted to make concurrency more predictable and local
1585
governments more accountable.
1586
1. A comprehensive plan amendment seeking to impose school
1587
concurrency must shall contain appropriate amendments to the
1588
capital improvements element of the comprehensive plan,
1589
consistent with the requirements of s. 163.3177(3) and rule 9J-
1590
5.016, Florida Administrative Code. The capital improvements
1591
element must shall set forth a financially feasible public school
1592
capital facilities program, established in conjunction with the
1593
school board, that demonstrates that the adopted level-of-service
1594
standards will be achieved and maintained.
1595
2. Such amendments to the capital improvements element must
1596
shall demonstrate that the public school capital facilities
1597
program meets all of the financial feasibility standards of this
1598
part and chapter 9J-5, Florida Administrative Code, that apply to
1599
capital programs which provide the basis for mandatory
1600
concurrency on other public facilities and services.
1601
3. If When the financial feasibility of a public school
1602
capital facilities program is evaluated by the state land
1603
planning agency for purposes of a compliance determination, the
1604
evaluation must shall be based upon the service areas selected by
1605
the local governments and school board.
1606
(e) Availability standard.--Consistent with the public
1607
welfare, and except as otherwise provided in this subsection,
1608
public school facilities needed to serve new residential
1609
development shall be in place or under actual construction within
1610
3 years after the issuance of final subdivision or site plan
1611
approval, or the functional equivalent. A local government may
1612
not deny an application for site plan, final subdivision
1613
approval, or the functional equivalent for a development or phase
1614
of a development authorizing residential development for failure
1615
to achieve and maintain the level-of-service standard for public
1616
school capacity in a local school concurrency management system
1617
where adequate school facilities will be in place or under actual
1618
construction within 3 years after the issuance of final
1619
subdivision or site plan approval, or the functional equivalent.
1620
Any mitigation required of a developer shall be limited to ensure
1621
that a development mitigates its own impact on public school
1622
facilities, but is not responsible for the additional cost of
1623
reducing or eliminating backlogs or addressing class size
1624
reduction. School concurrency is satisfied if the developer
1625
executes a legally binding commitment to provide mitigation
1626
proportionate to the demand for public school facilities to be
1627
created by actual development of the property, including, but not
1628
limited to, the options described in subparagraph 1. Options for
1629
proportionate-share mitigation of impacts on public school
1630
facilities must be established in the public school facilities
1631
element and the interlocal agreement pursuant to s. 163.31777.
1632
1. Appropriate mitigation options include the contribution
1633
of land; the construction, expansion, or payment for land
1634
acquisition or construction of a public school facility; the
1635
construction of a charter school that complies with the
1636
requirements of subparagraph 2.; or the creation of mitigation
1637
banking based on the construction of a public school facility or
1638
charter school that complies with the requirements of
1639
subparagraph 2., in exchange for the right to sell capacity
1640
credits. Such options must include execution by the applicant and
1641
the local government of a development agreement that constitutes
1642
a legally binding commitment to pay proportionate-share
1643
mitigation for the additional residential units approved by the
1644
local government in a development order and actually developed on
1645
the property, taking into account residential density allowed on
1646
the property prior to the plan amendment that increased the
1647
overall residential density. The district school board must be a
1648
party to such an agreement. Grounds for the refusal of either the
1649
local government or district school board to approve a
1650
development agreement proffering charter school facilities shall
1651
be limited to the agreement's compliance with subparagraph 2. As
1652
a condition of its entry into such a development agreement, the
1653
local government may require the landowner to agree to continuing
1654
renewal of the agreement upon its expiration.
1655
2. The construction of a charter school facility shall be
1656
an appropriate mitigation option if the facility limits
1657
enrollment to those students residing within a defined geographic
1658
area as provided in s. 1002.33(10)(e)4., the facility is owned by
1659
a nonprofit entity or local government, the design and
1660
construction of the facility complies with the lifesafety
1661
requirements of Florida State Requirements for Educational
1662
Facilities (SREF), and the school's charter provides for the
1663
reversion of the facility to the district school board if the
1664
facility ceases to be used for public educational purposes as
1665
provided in s. 1002.33(18)(f). District school boards shall have
1666
the right to monitor and inspect charter facilities constructed
1667
under this section to ensure compliance with the lifesafety
1668
requirements of SREF and shall have the authority to waive SREF
1669
standards in the same manner permitted for district-owned public
1670
schools.
1671
3.2. If the education facilities plan and the public
1672
educational facilities element authorize a contribution of land;
1673
the construction, expansion, or payment for land acquisition; or
1674
the construction or expansion of a public school facility, or a
1675
portion thereof, or the construction of a charter school that
1676
complies with the requirements of subparagraph 2., as
1677
proportionate-share mitigation, the local government shall credit
1678
such a contribution, construction, expansion, or payment toward
1679
any other concurrency management system, concurrency exaction,
1680
impact fee or exaction imposed by local ordinance for the same
1681
need, on a dollar-for-dollar basis at fair market value. If a
1682
local government imposes a school impact fee, the methodology
1683
used in the impact fee for calculating the student generation
1684
rates and the calculation of cost per student station must be
1685
consistent with the adopted school concurrency ordinance. For
1686
both impact fees and proportionate share calculations, the
1687
percentage of relocatables used by a school district and the
1688
amount of taxes, fees, and other revenues received by the school
1689
district shall be considered in determining the average cost of a
1690
student station.
1691
4.3. Any proportionate-share mitigation must be included
1692
directed by the school board as toward a school capacity
1693
improvement identified in a financially feasible 5-year district
1694
work plan that satisfies the demands created by the development
1695
in accordance with a binding developer's agreement.
1696
5.4. If a development is precluded from commencing because
1697
there is inadequate classroom capacity to mitigate the impacts of
1698
the development, the development may nevertheless commence if
1699
there are accelerated facilities in an approved capital
1700
improvement element scheduled for construction in year four or
1701
later of such plan which, when built, will mitigate the proposed
1702
development, or if such accelerated facilities will be in the
1703
next annual update of the capital facilities element, the
1704
developer enters into a binding, financially guaranteed agreement
1705
with the school district to construct an accelerated facility
1706
within the first 3 years of an approved capital improvement plan,
1707
and the cost of the school facility is equal to or greater than
1708
the development's proportionate share. When the completed school
1709
facility is conveyed to the school district, the developer shall
1710
receive impact fee credits usable within the zone where the
1711
facility is constructed or any attendance zone contiguous with or
1712
adjacent to the zone where the facility is constructed.
1713
6.5. This paragraph does not limit the authority of a local
1714
government to deny a development permit or a comprehensive plan
1715
amendment its functional equivalent pursuant to its home rule
1716
regulatory powers for reasons unrelated to school capacity,
1717
except as provided in this part.
1718
(f) Intergovernmental coordination.--
1719
1. When establishing concurrency requirements for public
1720
schools, a local government shall satisfy the requirements for
1721
intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1722
and 2., except that a municipality is not required to be a
1723
signatory to the interlocal agreement required by ss.
1725
imposition of school concurrency, and as a nonsignatory, may
1726
shall not participate in the adopted local school concurrency
1727
system, if the municipality meets all of the following criteria
1728
for not having a no significant impact on school attendance:
1729
a. The municipality has issued development orders for fewer
1730
than 50 residential dwelling units during the preceding 5 years,
1731
or the municipality has generated fewer than 25 additional public
1732
school students during the preceding 5 years.
1733
b. The municipality has not annexed new land during the
1734
preceding 5 years in land use categories which permit residential
1735
uses that will affect school attendance rates.
1736
c. The municipality has no public schools located within
1737
its boundaries.
1738
d. At least 80 percent of the developable land within the
1739
boundaries of the municipality has been built upon.
1740
2. A municipality that which qualifies as not having a no
1741
significant impact on school attendance pursuant to the criteria
1742
of subparagraph 1. must review and determine at the time of its
1743
evaluation and appraisal report pursuant to s. 163.3191 whether
1744
it continues to meet the criteria pursuant to s. 163.31777(6). If
1745
the municipality determines that it no longer meets the criteria,
1746
it must adopt appropriate school concurrency goals, objectives,
1747
and policies in its plan amendments based on the evaluation and
1748
appraisal report, and enter into the existing interlocal
1750
order to fully participate in the school concurrency system. If
1751
such a municipality fails to do so, it is will be subject to the
1752
enforcement provisions of s. 163.3191.
1753
(g) Interlocal agreement for school concurrency.--When
1754
establishing concurrency requirements for public schools, a local
1755
government must enter into an interlocal agreement that satisfies
1757
the requirements of this subsection. The interlocal agreement
1758
must shall acknowledge both the school board's constitutional and
1759
statutory obligations to provide a uniform system of free public
1760
schools on a countywide basis, and the land use authority of
1761
local governments, including their authority to approve or deny
1762
comprehensive plan amendments and development orders. The
1763
interlocal agreement shall be submitted to the state land
1764
planning agency by the local government as a part of the
1765
compliance review, along with the other necessary amendments to
1766
the comprehensive plan required by this part. In addition to the
1768
agreement must shall meet the following requirements:
1769
1. Establish the mechanisms for coordinating the
1770
development, adoption, and amendment of each local government's
1771
public school facilities element with each other and the plans of
1772
the school board to ensure a uniform districtwide school
1773
concurrency system.
1774
2. Establish a process for developing the development of
1775
siting criteria that which encourages the location of public
1776
schools proximate to urban residential areas to the extent
1777
possible and seeks to collocate schools with other public
1778
facilities such as parks, libraries, and community centers to the
1779
extent possible.
1780
3. Specify uniform, districtwide level-of-service standards
1781
for public schools of the same type and the process for modifying
1782
the adopted level-of-service standards.
1783
4. Establish a process for the preparation, amendment, and
1784
joint approval by each local government and the school board of a
1785
public school capital facilities program that which is
1786
financially feasible, and a process and schedule for
1787
incorporation of the public school capital facilities program
1788
into the local government comprehensive plans on an annual basis.
1789
5. Define the geographic application of school concurrency.
1790
If school concurrency is to be applied on a less than
1791
districtwide basis in the form of concurrency service areas, the
1792
agreement must shall establish criteria and standards for the
1793
establishment and modification of school concurrency service
1794
areas. The agreement must shall also establish a process and
1795
schedule for the mandatory incorporation of the school
1796
concurrency service areas and the criteria and standards for
1797
establishment of the service areas into the local government
1798
comprehensive plans. The agreement must shall ensure maximum
1799
utilization of school capacity, taking into account
1800
transportation costs and court-approved desegregation plans, as
1801
well as other factors. The agreement must shall also ensure the
1802
achievement and maintenance of the adopted level-of-service
1803
standards for the geographic area of application throughout the 5
1804
years covered by the public school capital facilities plan and
1805
thereafter by adding a new fifth year during the annual update.
1806
6. Establish a uniform districtwide procedure for
1807
implementing school concurrency which provides for:
1808
a. The evaluation of development applications for
1809
compliance with school concurrency requirements, including
1810
information provided by the school board on affected schools,
1811
impact on levels of service, and programmed improvements for
1812
affected schools, and any options to provide sufficient capacity;
1813
b. An opportunity for the school board to review and
1814
comment on the effect of comprehensive plan amendments and
1815
rezonings on the public school facilities plan; and
1816
c. The monitoring and evaluation of the school concurrency
1817
system.
1818
7. Include provisions relating to amendment of the
1819
agreement.
1820
8. A process and uniform methodology for determining
1821
proportionate-share mitigation pursuant to subparagraph (e)1.
1822
(h) Local government authority.--This subsection does not
1823
limit the authority of a local government to grant or deny a
1824
development permit or its functional equivalent prior to the
1825
implementation of school concurrency. After the implementation of
1826
school concurrency, a development permit may not be denied
1827
because of inadequate school capacity or if capacity is available
1828
pursuant to paragraph (c) or paragraph (e), or if the developer
1829
executes or enters into an agreement to execute a legally binding
1830
commitment to provide mitigation proportionate to the demand for
1831
public school facilities to be created pursuant to paragraph (e).
1832
(14) RULEMAKING AUTHORITY.--The state land planning agency
1833
shall, by October 1, 1998, adopt by rule minimum criteria for the
1834
review and determination of compliance of a public school
1835
facilities element adopted by a local government for purposes of
1836
imposition of school concurrency.
1837
(15) MULTIMODAL DISTRICTS.--
1838
(a) Multimodal transportation districts may be established
1839
under a local government comprehensive plan in areas delineated
1840
on the future land use map for which the local comprehensive plan
1841
assigns secondary priority to vehicle mobility and primary
1842
priority to assuring a safe, comfortable, and attractive
1843
pedestrian environment, with convenient interconnection to
1844
transit. Such districts must incorporate community design
1845
features that will reduce the number of automobile trips or
1846
vehicle miles of travel and will support an integrated,
1847
multimodal transportation system. Prior to the designation of
1848
multimodal transportation districts, the Department of
1849
Transportation shall be consulted by the local government to
1850
assess the impact that the proposed multimodal district area is
1851
expected to have on the adopted level-of-service standards
1852
established for Strategic Intermodal System facilities, as
1854
facilities funded in accordance with s. 339.2819. Further, the
1855
local government shall, in cooperation with the Department of
1856
Transportation, develop a plan to mitigate any impacts to the
1857
Strategic Intermodal System, including the development of a long-
1858
term concurrency management system pursuant to subsection (9) and
1859
s. 163.3177(3)(d). Multimodal transportation districts existing
1860
prior to July 1, 2005, shall meet, at a minimum, the provisions
1861
of this section by July 1, 2006, or at the time of the
1862
comprehensive plan update pursuant to the evaluation and
1863
appraisal report, whichever occurs last.
1864
(b) Community design elements of such a multimodal
1865
transportation district include: a complementary mix and range of
1866
land uses, including educational, recreational, and cultural
1867
uses; interconnected networks of streets designed to encourage
1868
walking and bicycling, with traffic-calming where desirable;
1869
appropriate densities and intensities of use within walking
1870
distance of transit stops; daily activities within walking
1871
distance of residences, allowing independence to persons who do
1872
not drive; public uses, streets, and squares that are safe,
1873
comfortable, and attractive for the pedestrian, with adjoining
1874
buildings open to the street and with parking not interfering
1875
with pedestrian, transit, automobile, and truck travel modes.
1876
(c) Local governments may establish multimodal level-of-
1877
service standards that rely primarily on nonvehicular modes of
1878
transportation within the district, if when justified by an
1879
analysis demonstrating that the existing and planned community
1880
design will provide an adequate level of mobility within the
1881
district based upon professionally accepted multimodal level-of-
1882
service methodologies. The analysis must also demonstrate that
1883
the capital improvements required to promote community design are
1884
financially feasible over the development or redevelopment
1885
timeframe for the district and that community design features
1886
within the district provide convenient interconnection for a
1887
multimodal transportation system. Local governments may issue
1888
development permits in reliance upon all planned community design
1889
capital improvements that are financially feasible over the
1890
development or redevelopment timeframe for the district, without
1891
regard to the period of time between development or redevelopment
1892
and the scheduled construction of the capital improvements. A
1893
determination of financial feasibility shall be based upon
1894
currently available funding or funding sources that could
1895
reasonably be expected to become available over the planning
1896
period.
1897
(d) Local governments may reduce impact fees or local
1898
access fees for development within multimodal transportation
1899
districts based on the reduction of vehicle trips per household
1900
or vehicle miles of travel expected from the development pattern
1901
planned for the district.
1902
(e) By December 1, 2007, the Department of Transportation,
1903
in consultation with the state land planning agency and
1904
interested local governments, may designate a study area for
1905
conducting a pilot project to determine the benefits of and
1906
barriers to establishing a regional multimodal transportation
1907
concurrency district that extends over more than one local
1908
government jurisdiction. If designated:
1909
1. The study area must be in a county that has a population
1910
of at least 1,000 persons per square mile, be within an urban
1911
service area, and have the consent of the local governments
1912
within the study area. The Department of Transportation and the
1913
state land planning agency shall provide technical assistance.
1914
2. The local governments within the study area and the
1915
Department of Transportation, in consultation with the state land
1916
planning agency, shall cooperatively create a multimodal
1917
transportation plan that meets the requirements of this section.
1918
The multimodal transportation plan must include viable local
1919
funding options and incorporate community design features,
1920
including a range of mixed land uses and densities and
1921
intensities, which will reduce the number of automobile trips or
1922
vehicle miles of travel while supporting an integrated,
1923
multimodal transportation system.
1924
3. To effectuate the multimodal transportation concurrency
1925
district, participating local governments may adopt appropriate
1926
comprehensive plan amendments.
1927
4. The Department of Transportation, in consultation with
1928
the state land planning agency, shall submit a report by March 1,
1929
2009, to the Governor, the President of the Senate, and the
1930
Speaker of the House of Representatives on the status of the
1931
pilot project. The report must identify any factors that support
1932
or limit the creation and success of a regional multimodal
1933
transportation district including intergovernmental coordination.
1934
(16) FAIR-SHARE MITIGATION.--It is the intent of the
1935
Legislature to provide a method by which the impacts of
1936
development on transportation facilities can be mitigated by the
1937
cooperative efforts of the public and private sectors. The
1938
methodology used to calculate proportionate fair-share mitigation
1939
under this section shall be as provided for in subsection (12),
1940
or a vehicle and people-miles-traveled methodology or an
1941
alternative methodology shall be used which is identified by the
1942
local government as a part of its comprehensive plan and ensures
1943
that development impacts on transportation facilities are
1944
mitigated.
1945
(a) By December 1, 2006, each local government shall adopt
1946
by ordinance a methodology for assessing proportionate fair-share
1947
mitigation options. By December 1, 2005, the Department of
1948
Transportation shall develop a model transportation concurrency
1949
management ordinance that has with methodologies for assessing
1950
proportionate fair-share mitigation options.
1951
(b)1. In its transportation concurrency management system,
1952
a local government shall, by December 1, 2006, include
1953
methodologies to be applied in calculating that will be applied
1954
to calculate proportionate fair-share mitigation.
1955
1. A developer may choose to satisfy all transportation
1956
concurrency requirements by contributing or paying proportionate
1957
fair-share mitigation if transportation facilities or facility
1958
segments identified as mitigation for traffic impacts are
1959
specifically identified for funding in the 5-year schedule of
1960
capital improvements in the capital improvements element of the
1961
local plan or the long-term concurrency management system or if
1962
such contributions or payments to such facilities or segments are
1963
reflected in the 5-year schedule of capital improvements in the
1964
next regularly scheduled update of the capital improvements
1965
element. Updates to the 5-year capital improvements element which
1966
reflect proportionate fair-share contributions may not be found
1968
additional contributions, payments or funding sources are
1969
reasonably anticipated during a period not to exceed 10 years to
1970
fully mitigate impacts on the transportation facilities.
1971
2. Proportionate fair-share mitigation shall be applied as
1972
a credit against impact fees to the extent that all or a portion
1973
of the proportionate fair-share mitigation is used to address the
1974
same capital infrastructure improvements contemplated by the
1975
local government's impact fee ordinance.
1976
(c) Proportionate fair-share mitigation includes, without
1977
limitation, separately or collectively, private funds,
1978
contributions of land, and construction and contribution of
1979
facilities and may include public funds as determined by the
1980
local government. Proportionate fair-share mitigation may be
1981
directed toward one or more specific transportation improvements
1982
reasonably related to the mobility demands created by the
1983
development and such improvements may address one or more modes
1984
of travel. The fair market value of the proportionate fair-share
1985
mitigation may shall not differ based on the form of mitigation.
1986
A local government may not require a development to pay more than
1987
its proportionate fair-share contribution regardless of the
1988
method of mitigation. Proportionate fair-share mitigation shall
1989
be limited to ensure that a development meeting the requirements
1990
of this section mitigates its impact on the transportation system
1991
but is not responsible for the additional cost of reducing or
1992
eliminating backlogs.
1993
(d) This subsection does not require a local government to
1994
approve a development that is not otherwise qualified for
1995
approval pursuant to the applicable local comprehensive plan and
1996
land development regulations.
1997
(e) Mitigation for development impacts to facilities on the
1998
Strategic Intermodal System made pursuant to this subsection
1999
requires the concurrence of the Department of Transportation.
2000
(f) If the funds in an adopted 5-year capital improvements
2001
element are insufficient to fully fund construction of a
2002
transportation improvement required by the local government's
2003
concurrency management system, a local government and a developer
2004
may still enter into a binding proportionate-share agreement
2005
authorizing the developer to construct that amount of development
2006
on which the proportionate share is calculated if the
2007
proportionate-share amount in the such agreement is sufficient to
2008
pay for one or more improvements which will, in the opinion of
2009
the governmental entity or entities maintaining the
2010
transportation facilities, significantly benefit the impacted
2011
transportation system. The improvements funded by the
2012
proportionate-share component must be adopted into the 5-year
2013
capital improvements schedule of the comprehensive plan at the
2014
next annual capital improvements element update. The funding of
2015
any improvements that significantly benefit the impacted
2016
transportation system satisfies concurrency requirements as a
2017
mitigation of the development's impact upon the overall
2018
transportation system even if there remains a failure of
2019
concurrency on other impacted facilities.
2020
(g) Except as provided in subparagraph (b)1., this section
2021
does may not prohibit the state land planning agency Department
2022
of Community Affairs from finding other portions of the capital
2023
improvements element amendments not in compliance as provided in
2024
this chapter.
2025
(h) The provisions of This subsection does do not apply to
2026
a development of regional impact satisfying the requirements of
2027
subsection (12).
2028
(i) If a developer has contributed funds, lands, or other
2029
mitigation required by a development order to address the
2030
transportation impacts of a particular phase or stage of
2031
development that is not subject to s. 380.06, all transportation
2032
impacts attributable to that phase or stage of development shall
2033
be deemed fully mitigated in any subsequent monitoring or
2034
transportation analysis for any phase or state of development.
2035
(17) TRANSPORTATION CONCURRENCY INCENTIVES.--The
2036
Legislature finds that allowing private-sector entities to
2037
finance, construct, and improve public transportation facilities
2038
can provide significant benefits to the public by facilitating
2039
transportation without the need for additional public tax
2040
revenues. In order to encourage the more efficient and proactive
2041
provision of transportation improvements by the private sector,
2042
if a developer or property owner voluntarily contributes right-
2043
of-way and physically constructs or expands a state
2044
transportation facility or segment, and such construction or
2045
expansion:
2046
(a) Improves traffic flow, capacity, or safety, the
2047
voluntary contribution may be applied as a credit for that
2048
property owner or developer against any future transportation
2049
concurrency requirements pursuant to this chapter if the
2050
transportation improvement is identified in the 5-year work plan
2051
of the Department of Transportation, and such contributions and
2052
credits are set forth in a legally binding agreement executed by
2053
the property owner or developer, the local government of the
2054
jurisdiction in which the facility is located, and the Department
2055
of Transportation.
2056
(b) Is identified in the capital improvement schedule,
2057
meets the requirements in this section, and is set forth in a
2058
legally binding agreement between the property owner or developer
2059
and the applicable local government, the contribution to the
2060
local government collector and the arterial system may be applied
2061
as credit against any future transportation concurrency
2062
requirements under this chapter.
2063
(18) TRANSPORTATION MOBILITY FEE.--The Legislature finds
2064
that the existing transportation concurrency system has not
2065
adequately addressed the state's transportation needs in an
2066
effective, predictable, and equitable manner and is not producing
2067
a sustainable transportation system for the state. The current
2068
system is complex, lacks uniformity among jurisdictions, is too
2069
focused on roadways to the detriment of desired land use patterns
2070
and transportation alternatives, and frequently prevents the
2071
attainment of important growth management goals. The state,
2072
therefore, should consider a different transportation concurrency
2073
approach that uses a mobility fee based on vehicle and people
2074
miles traveled. Therefore, the Legislature directs the state land
2075
planning agency to study and develop a methodology for a mobility
2076
fee system as follows:
2077
(a) The state land planning agency, in consultation with
2078
the Department of Transportation, shall convene a study group
2079
that includes representatives from the Department of
2080
Transportation, regional planning councils, local governments,
2081
the development community, land use and transportation
2082
professionals, and the Legislature to develop a uniform mobility
2083
fee methodology for statewide application to replace the existing
2084
transportation concurrency management system. The methodology
2085
shall be based on the amount, distribution, and timing of the
2086
vehicle and people miles traveled, professionally accepted
2087
standards and practices in the fields of land use and
2088
transportation planning, and the requirements of constitutional
2089
and statutory law. The mobility fee shall be designed to provide
2090
for mobility needs, ensure that development provides mitigation
2091
for its impacts on the transportation system, and promote
2092
compact, mixed-use, and energy-efficient development. The
2093
mobility fee shall be used to fund improvements to the
2094
transportation system.
2095
(b) By February 15, 2009, the state land planning agency
2096
shall provide a report to the Legislature containing
2097
recommendations concerning an appropriate uniform mobility fee
2098
methodology and whether a mobility fee system should be applied
2099
statewide or to more limited geographic areas, a schedule to
2100
amend comprehensive plans and land development rules to
2101
incorporate the mobility fee, a system for collecting and
2102
allocating mobility fees among state and local transportation
2103
facilities, and whether and how mobility fees should replace,
2104
revise, or supplement transportation impact fees.
2105
(19)(17) A local government and the developer of affordable
2106
workforce housing units developed in accordance with s.
2108
centers in close proximity to the affordable workforce housing
2109
units. If at least 50 percent of the units are occupied by an
2110
employee or employees of an identified employment center or
2111
centers, all of the affordable workforce housing units are exempt
2112
from transportation concurrency requirements, and the local
2113
government may not reduce any transportation trip-generation
2114
entitlements of an approved development-of-regional-impact
2115
development order. As used in this subsection, the term "close
2116
proximity" means 5 miles from the nearest point of the
2117
development of regional impact to the nearest point of the
2118
employment center, and the term "employment center" means a place
2119
of employment that employs at least 25 or more full-time
2120
employees.
2121
Section 8. Subsection (3), subsection (4), paragraphs (a)
2122
and (d) of subsection (6), paragraph (a) of subsection (7),
2123
paragraphs (b) and (c) of subsection (15), and subsections (17),
2124
(18), and (19) of section 163.3184, Florida Statutes, are amended
2125
to read:
2126
163.3184 Process for adoption of comprehensive plan or plan
2127
amendment.--
2128
(3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
2129
AMENDMENT.--
2130
(a) Before filing an application for a future land use map
2131
amendment, the applicant must conduct a neighborhood meeting to
2132
present, discuss, and solicit public comment on the proposed
2133
amendment. Such meeting shall be conducted at least 30 days but
2134
no more than 60 days before the application for the amendment is
2135
filed with the local government. At a minimum, the meeting shall
2136
be noticed and conducted in accordance with each of the following
2137
requirements:
2138
1. Notice of the meeting shall be:
2139
a. Mailed at least 10 days but no more than 14 days before
2140
the date of the meeting to all property owners owning property
2141
within 500 feet of the property subject to the proposed
2142
amendment, according to information maintained by the county tax
2143
assessor. Such information shall conclusively establish the
2144
required recipients;
2145
b. Published in accordance with s. 125.66(4)(b)2. or s.
2146
166.041(3)(c)2.b.;
2147
c. Posted on the jurisdiction's website, if available; and
2148
d. Mailed to all persons on the list of homeowners' or
2149
condominium associations maintained by the jurisdiction, if any.
2150
2. The meeting shall be conducted at an accessible and
2151
convenient location.
2152
3. A sign-in list of all attendees at each meeting must be
2153
maintained.
2154
2155
This section applies to applications for a map amendment filed
2156
after January 1, 2009.
2157
(b) At least 15 days but no more than 45 days before the
2158
local governing body's scheduled adoption hearing, the applicant
2159
shall conduct a second noticed community or neighborhood meeting
2160
for the purpose of presenting and discussing the map amendment
2161
application, including any changes made to the proposed amendment
2162
following the first community or neighborhood meeting. Notice by
2163
United States mail at least 10 days but no more than 14 days
2164
before the meeting is required only for persons who signed in at
2165
the preapplication meeting and persons whose names are on the
2166
sign-in sheet from the transmittal hearing conducted pursuant to
2167
paragraph (15)(c). Otherwise, notice shall be given by newspaper
2168
advertisement in accordance with s. 125.66(4)(b)2. and s.
2169
166.041(3)(c)2.b. Before the adoption hearing, the applicant
2170
shall file with the local government a written certification or
2171
verification that the second meeting has been noticed and
2172
conducted in accordance with this section. This section applies
2173
to applications for a map amendment filed after January 1, 2009.
2174
(c) The requirement for neighborhood meetings as provided
2175
in this section does not apply to small-scale amendments as
2176
defined in s. 163.3187(2)(d) unless a local government, by
2177
ordinance, adopts a procedure for holding a neighborhood meeting
2178
as part of the small-scale amendment process. In no event shall
2179
more than one such meeting be required.
2180
(d)(a) Each local governing body shall transmit the
2181
complete proposed comprehensive plan or plan amendment to the
2182
state land planning agency, the appropriate regional planning
2183
council and water management district, the Department of
2184
Environmental Protection, the Department of State, and the
2185
Department of Transportation, and, in the case of municipal
2186
plans, to the appropriate county, and, in the case of county
2187
plans, to the Fish and Wildlife Conservation Commission and the
2188
Department of Agriculture and Consumer Services, immediately
2189
following a public hearing pursuant to subsection (15) as
2190
specified in the state land planning agency's procedural rules.
2191
The local governing body shall also transmit a copy of the
2192
complete proposed comprehensive plan or plan amendment to any
2193
other unit of local government or government agency in the state
2194
that has filed a written request with the governing body for the
2195
plan or plan amendment. The local government may request a review
2196
by the state land planning agency pursuant to subsection (6) at
2197
the time of the transmittal of an amendment.
2198
(e)(b) A local governing body shall not transmit portions
2199
of a plan or plan amendment unless it has previously provided to
2200
all state agencies designated by the state land planning agency a
2201
complete copy of its adopted comprehensive plan pursuant to
2202
subsection (7) and as specified in the agency's procedural rules.
2203
In the case of comprehensive plan amendments, the local governing
2204
body shall transmit to the state land planning agency, the
2205
appropriate regional planning council and water management
2206
district, the Department of Environmental Protection, the
2207
Department of State, and the Department of Transportation, and,
2208
in the case of municipal plans, to the appropriate county and, in
2209
the case of county plans, to the Fish and Wildlife Conservation
2210
Commission and the Department of Agriculture and Consumer
2211
Services the materials specified in the state land planning
2212
agency's procedural rules and, in cases in which the plan
2213
amendment is a result of an evaluation and appraisal report
2214
adopted pursuant to s. 163.3191, a copy of the evaluation and
2215
appraisal report. Local governing bodies shall consolidate all
2216
proposed plan amendments into a single submission for each of the
2217
two plan amendment adoption dates during the calendar year
2218
pursuant to s. 163.3187.
2219
(f)(c) A local government may adopt a proposed plan
2220
amendment previously transmitted pursuant to this subsection,
2221
unless review is requested or otherwise initiated pursuant to
2222
subsection (6).
2223
(g)(d) In cases in which a local government transmits
2224
multiple individual amendments that can be clearly and legally
2225
separated and distinguished for the purpose of determining
2226
whether to review the proposed amendment, and the state land
2227
planning agency elects to review several or a portion of the
2228
amendments and the local government chooses to immediately adopt
2229
the remaining amendments not reviewed, the amendments immediately
2230
adopted and any reviewed amendments that the local government
2231
subsequently adopts together constitute one amendment cycle in
2232
accordance with s. 163.3187(1).
2233
(4) INTERGOVERNMENTAL REVIEW.--The governmental agencies
2234
specified in paragraph (3)(a) shall provide comments to the state
2235
land planning agency within 30 days after receipt by the state
2236
land planning agency of the complete proposed plan amendment. If
2237
the plan or plan amendment includes or relates to the public
2238
school facilities element pursuant to s. 163.3177(12), the state
2239
land planning agency shall submit a copy to the Office of
2240
Educational Facilities of the Commissioner of Education for
2241
review and comment. The appropriate regional planning council
2242
shall also provide its written comments to the state land
2243
planning agency within 45 30 days after receipt by the state land
2244
planning agency of the complete proposed plan amendment and shall
2245
specify any objections, recommendations for modifications, and
2246
comments of any other regional agencies to which the regional
2247
planning council may have referred the proposed plan amendment.
2248
Written comments submitted by the public within 30 days after
2249
notice of transmittal by the local government of the proposed
2250
plan amendment will be considered as if submitted by governmental
2251
agencies. All written agency and public comments must be made
2252
part of the file maintained under subsection (2).
2253
(6) STATE LAND PLANNING AGENCY REVIEW.--
2254
(a) The state land planning agency shall review a proposed
2255
plan amendment upon request of a regional planning council,
2256
affected person, or local government transmitting the plan
2257
amendment. The request from the regional planning council or
2258
affected person must be received within 45 30 days after
2259
transmittal of the proposed plan amendment pursuant to subsection
2260
(3). A regional planning council or affected person requesting a
2261
review shall do so by submitting a written request to the agency
2262
with a notice of the request to the local government and any
2263
other person who has requested notice.
2264
(d) The state land planning agency review shall identify
2265
all written communications with the agency regarding the proposed
2266
plan amendment. If the state land planning agency does not issue
2267
such a review, it shall identify in writing to the local
2268
government all written communications received 45 30 days after
2269
transmittal. The written identification must include a list of
2270
all documents received or generated by the agency, which list
2271
must be of sufficient specificity to enable the documents to be
2272
identified and copies requested, if desired, and the name of the
2273
person to be contacted to request copies of any identified
2274
document. The list of documents must be made a part of the public
2275
records of the state land planning agency.
2276
(7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
2277
OR AMENDMENTS AND TRANSMITTAL.--
2278
(a) The local government shall review the written comments
2279
submitted to it by the state land planning agency, and any other
2280
person, agency, or government. Any comments, recommendations, or
2281
objections and any reply to them are shall be public documents, a
2282
part of the permanent record in the matter, and admissible in any
2283
proceeding in which the comprehensive plan or plan amendment may
2284
be at issue. The local government, upon receipt of written
2285
comments from the state land planning agency, shall have 120 days
2286
to adopt, or adopt with changes, the proposed comprehensive plan
2287
or s. 163.3191 plan amendments. In the case of comprehensive plan
2288
amendments other than those proposed pursuant to s. 163.3191, the
2289
local government shall have 60 days to adopt the amendment, adopt
2290
the amendment with changes, or determine that it will not adopt
2291
the amendment. The adoption of the proposed plan or plan
2292
amendment or the determination not to adopt a plan amendment,
2293
other than a plan amendment proposed pursuant to s. 163.3191,
2294
shall be made in the course of a public hearing pursuant to
2295
subsection (15). If a local government fails to adopt the
2296
comprehensive plan or plan amendment within the period set forth
2297
in this subsection, the plan or plan amendment shall be deemed
2298
abandoned and may not be considered until the next available
2299
amendment cycle pursuant to this section and s. 163.3187.
2300
However, if the applicant or local government, before the
2301
expiration of the period, certifies in writing to the state land
2302
planning agency that the applicant is proceeding in good faith to
2303
address the items raised in the agency report issued pursuant to
2304
paragraph (6)(f) or agency comments issued pursuant to s.
2305
163.32465(4), and such certification specifically identifies the
2306
items being addressed, the state land planning agency may grant
2307
one or more extensions not to exceed a total of 360 days
2308
following the date of the issuance of the agency report or
2309
comments if the request is justified by good and sufficient cause
2310
as determined by the agency. When any such extension is pending,
2311
the applicant shall file with the local government and state land
2312
planning agency a status report every 60 days specifically
2313
identifying the items being addressed and the manner in which
2314
such items are being addressed. The local government shall
2315
transmit the complete adopted comprehensive plan or plan
2316
amendment, including the names and addresses of persons compiled
2317
pursuant to paragraph (15)(c), to the state land planning agency
2318
as specified in the agency's procedural rules within 10 working
2319
days after adoption. The local governing body shall also transmit
2320
a copy of the adopted comprehensive plan or plan amendment to the
2321
regional planning agency and to any other unit of local
2322
government or governmental agency in the state that has filed a
2323
written request with the governing body for a copy of the plan or
2324
plan amendment.
2325
(15) PUBLIC HEARINGS.--
2326
(b) The local governing body shall hold at least two
2327
advertised public hearings on the proposed comprehensive plan or
2328
plan amendment as follows:
2329
1. The first public hearing shall be held at the
2330
transmittal stage pursuant to subsection (3). It shall be held on
2331
a weekday at least 7 days after the day that the first
2332
advertisement is published.
2333
2. The second public hearing shall be held at the adoption
2334
stage pursuant to subsection (7). It shall be held on a weekday
2335
at least 5 days after the day that the second advertisement is
2336
published. The comprehensive plan or plan amendment to be
2337
considered for adoption must be available to the public at least
2338
5 days before the date of the hearing, and must be posted at
2339
least 5 days before the date of the hearing on the local
2340
government's website if one is maintained. The proposed
2341
comprehensive plan amendment may not be altered during the 5 days
2342
before the hearing if such alteration increases the permissible
2343
density, intensity, or height, or decreases the minimum buffers,
2344
setbacks, or open space. If the amendment is altered in this
2345
manner during the 5-day period or at the public hearing, the
2346
public hearing shall be continued to the next meeting of the
2347
local governing body. As part of the adoption package, the local
2348
government shall certify in writing to the state land planning
2349
agency that it has complied with this subsection.
2350
(c) The local government shall provide a sign-in form at
2351
the transmittal hearing and at the adoption hearing for persons
2352
to provide their names, and mailing and electronic addresses. The
2353
sign-in form must advise that any person providing the requested
2354
information will receive a courtesy informational statement
2355
concerning publications of the state land planning agency's
2356
notice of intent. The local government shall add to the sign-in
2357
form the name and address of any person who submits written
2358
comments concerning the proposed plan or plan amendment during
2359
the time period between the commencement of the transmittal
2360
hearing and the end of the adoption hearing. It is the
2361
responsibility of the person completing the form or providing
2362
written comments to accurately, completely, and legibly provide
2363
all information needed in order to receive the courtesy
2364
informational statement.
2365
(17) COMMUNITY VISION AND URBAN BOUNDARY PLAN
2366
AMENDMENTS.--A local government that has adopted a community
2367
vision and urban service boundary under s. 163.3177(13) and (14)
2368
may adopt a plan amendment related to map amendments solely to
2369
property within an urban service boundary in the manner described
2370
in subsections (1), (2), (7), (14), (15), and (16) and s.
2371
163.3187(1)(c)1.d. and e., 2., and 3., such that state and
2372
regional agency review is eliminated. The department may not
2373
issue an objections, recommendations, and comments report on
2374
proposed plan amendments or a notice of intent on adopted plan
2375
amendments; however, affected persons, as defined by paragraph
2376
(1)(a), may file a petition for administrative review pursuant to
2377
the requirements of s. 163.3187(3)(a) to challenge the compliance
2378
of an adopted plan amendment. This subsection does not apply to
2379
any amendment within an area of critical state concern, to any
2380
amendment that increases residential densities allowable in high-
2381
hazard coastal areas as defined in s. 163.3178(2)(h), or to a
2382
text change to the goals, policies, or objectives of the local
2383
government's comprehensive plan. Amendments submitted under this
2384
subsection are exempt from the limitation on the frequency of
2385
plan amendments in s. 163.3187.
2386
(18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.--A
2387
municipality that has a designated urban infill and redevelopment
2388
area under s. 163.2517 may adopt a plan amendment related to map
2389
amendments solely to property within a designated urban infill
2390
and redevelopment area in the manner described in subsections
2391
(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d. and
2392
e., 2., and 3., such that state and regional agency review is
2393
eliminated. The department may not issue an objections,
2394
recommendations, and comments report on proposed plan amendments
2395
or a notice of intent on adopted plan amendments; however,
2396
affected persons, as defined by paragraph (1)(a), may file a
2397
petition for administrative review pursuant to the requirements
2398
of s. 163.3187(3)(a) to challenge the compliance of an adopted
2399
plan amendment. This subsection does not apply to any amendment
2400
within an area of critical state concern, to any amendment that
2401
increases residential densities allowable in high-hazard coastal
2402
areas as defined in s. 163.3178(2)(h), or to a text change to the
2403
goals, policies, or objectives of the local government's
2404
comprehensive plan. Amendments submitted under this subsection
2405
are exempt from the limitation on the frequency of plan
2406
amendments in s. 163.3187.
2407
(17)(19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.--Any
2408
local government that identifies in its comprehensive plan the
2409
types of housing developments and conditions for which it will
2410
consider plan amendments that are consistent with the local
2411
housing incentive strategies identified in s. 420.9076 and
2412
authorized by the local government may expedite consideration of
2413
such plan amendments. At least 30 days before prior to adopting a
2414
plan amendment pursuant to this subsection, the local government
2415
shall notify the state land planning agency of its intent to
2416
adopt such an amendment, and the notice shall include the local
2417
government's evaluation of site suitability and availability of
2418
facilities and services. A plan amendment considered under this
2419
subsection shall require only a single public hearing before the
2420
local governing body, which shall be a plan amendment adoption
2421
hearing as described in subsection (7). The public notice of the
2422
hearing required under subparagraph (15)(b)2. must include a
2423
statement that the local government intends to use the expedited
2424
adoption process authorized under this subsection. The state land
2425
planning agency shall issue its notice of intent required under
2426
subsection (8) within 30 days after determining that the
2427
amendment package is complete. Any further proceedings shall be
2428
governed by subsections (9)-(16).
2429
Section 9. Section 163.3187, Florida Statutes, is amended
2430
to read:
2431
163.3187 Amendment of adopted comprehensive plan.--
2432
(1) Comprehensive plan amendments may be adopted by simple
2433
majority vote of the governing body of the local government,
2434
except a super majority vote of the members of the governing body
2435
of the local government present at the hearing is required to
2436
adopt any text amendment, except for:
2437
(a) Special area text policies associated with a future
2438
land use map amendment;
2439
(b) Text amendments to the schedule of capital
2440
improvements;
2441
(c) Text amendments that implement recommendations in an
2442
evaluation and appraisal report; and
2443
(d) Text amendments required to implement a new statutory
2444
requirement not previously incorporated into the comprehensive
2445
plan.
2446
(2) Amendments to comprehensive plans may be transmitted
2447
and adopted pursuant to this part may be made not more than once
2448
two times during any calendar year, with the following exceptions
2449
except:
2450
(a) Local governments may transmit and adopt the following
2451
comprehensive plan amendments twice per calendar year:
2452
1. Future land use map amendments and special area policies
2453
associated with those map amendments for land within areas
2454
designated in the comprehensive plan for downtown revitalization
2455
pursuant to s. 163.3164(25), urban redevelopment pursuant to s.
2456
163.3164(26), urban infill development pursuant to s.
2457
163.3164(27), urban infill and redevelopment pursuant to s.
2458
163.2517, or an urban service area pursuant to s.
2459
163.3180(5)(b)5.
2460
2. Future land use map amendments within an area designated
2461
by the Governor as a rural area of critical economic concern
2462
under s. 288.0656(7) for the duration of such designation. Before
2463
the adoption of such an amendment, the local government must
2464
obtain written certification from the Office of Tourism, Trade,
2465
and Economic Development that the plan amendment furthers the
2466
economic objectives set forth in the executive order issued under
2467
s. 288.0656(7).
2468
3. Any local government comprehensive plan amendment
2469
establishing or implementing a rural land stewardship area
2470
pursuant to the provisions of s. 163.3177(11)(d) or a sector plan
2471
pursuant to the provisions of s. 163.3245.
2472
(b) The following amendments may be adopted by the local
2473
government at any time during a calendar year without regard for
2474
the frequency restrictions set forth in paragraph (a):
2475
1. Any local government comprehensive plan In the case of
2476
an emergency, comprehensive plan amendments may be made more
2477
often than twice during the calendar year if the additional plan
2478
amendment enacted in case of emergency which receives the
2479
approval of all of the members of the governing body. "Emergency"
2480
means any occurrence or threat thereof whether accidental or
2481
natural, caused by humankind, in war or peace, which results or
2482
may result in substantial injury or harm to the population or
2483
substantial damage to or loss of property or public funds.
2484
2.(b) Any local government comprehensive plan amendments
2485
directly related to a proposed development of regional impact,
2486
including changes which have been determined to be substantial
2487
deviations and including Florida Quality Developments pursuant to
2488
s. 380.061, may be initiated by a local planning agency and
2489
considered by the local governing body at the same time as the
2490
application for development approval using the procedures
2491
provided for local plan amendment in this section and applicable
2492
local ordinances, without regard to statutory or local ordinance
2493
limits on the frequency of consideration of amendments to the
2494
local comprehensive plan. Nothing in this subsection shall be
2495
deemed to require favorable consideration of a plan amendment
2496
solely because it is related to a development of regional impact.
2497
3.(c) Any Local government comprehensive plan amendments
2498
directly related to proposed small scale development activities
2499
may be approved without regard to statutory limits on the
2500
frequency of consideration of amendments to the local
2501
comprehensive plan. A small scale development amendment may be
2502
adopted only under the following conditions:
2503
4.1. The proposed amendment involves a use of 10 acres or
2504
fewer and:
2505
a. The cumulative annual effect of the acreage for all
2506
small scale development amendments adopted by the local
2507
government shall not exceed:
2508
(I) A maximum of 120 acres in a local government that
2509
contains areas specifically designated in the local comprehensive
2510
plan for urban infill, urban redevelopment, or downtown
2511
revitalization as defined in s. 163.3164, urban infill and
2512
redevelopment areas designated under s. 163.2517, transportation
2513
concurrency exception areas approved pursuant to s. 163.3180(5),
2514
or regional activity centers and urban central business districts
2515
approved pursuant to s. 380.06(2)(e); however, amendments under
2516
this paragraph may be applied to no more than 60 acres annually
2517
of property outside the designated areas listed in this sub-sub-
2518
subparagraph. Amendments adopted pursuant to paragraph (k) shall
2519
not be counted toward the acreage limitations for small scale
2520
amendments under this paragraph.
2521
(II) A maximum of 80 acres in a local government that does
2522
not contain any of the designated areas set forth in sub-sub-
2523
subparagraph (I).
2524
(III) A maximum of 120 acres in a county established
2525
pursuant to s. 9, Art. VIII of the State Constitution.
2526
b. The proposed amendment does not involve the same
2527
property granted a change within the prior 12 months.
2528
c. The proposed amendment does not involve the same owner's
2529
property within 200 feet of property granted a change within the
2530
prior 12 months.
2531
d. The proposed amendment does not involve a text change to
2532
the goals, policies, and objectives of the local government's
2533
comprehensive plan, but only proposes a land use change to the
2534
future land use map for a site-specific small scale development
2535
activity.
2536
e. The property that is the subject of the proposed
2537
amendment is not located within an area of critical state
2538
concern, unless the project subject to the proposed amendment
2539
involves the construction of affordable housing units meeting the
2540
criteria of s. 420.0004(3), and is located within an area of
2541
critical state concern designated by s. 380.0552 or by the
2542
Administration Commission pursuant to s. 380.05(1). Such
2543
amendment is not subject to the density limitations of sub-
2544
subparagraph f., and shall be reviewed by the state land planning
2545
agency for consistency with the principles for guiding
2546
development applicable to the area of critical state concern
2547
where the amendment is located and is shall not become effective
2548
until a final order is issued under s. 380.05(6).
2549
f. If the proposed amendment involves a residential land
2550
use, the residential land use has a density of 10 units or less
2551
per acre or the proposed future land use category allows a
2552
maximum residential density of the same or less than the maximum
2553
residential density allowable under the existing future land use
2554
category, except that this limitation does not apply to small
2555
scale amendments involving the construction of affordable housing
2556
units meeting the criteria of s. 420.0004(3) on property which
2557
will be the subject of a land use restriction agreement, or small
2558
scale amendments described in sub-sub-subparagraph a.(I) that are
2559
designated in the local comprehensive plan for urban infill,
2560
urban redevelopment, or downtown revitalization as defined in s.
2561
163.3164, urban infill and redevelopment areas designated under
2562
s. 163.2517, transportation concurrency exception areas approved
2563
pursuant to s. 163.3180(5), or regional activity centers and
2564
urban central business districts approved pursuant to s.
2565
380.06(2)(e).
2566
5.2.a. A local government that proposes to consider a plan
2567
amendment pursuant to this paragraph is not required to comply
2568
with the procedures and public notice requirements of s.
2569
163.3184(15)(c) for such plan amendments if the local government
2570
complies with the provisions in s. 125.66(4)(a) for a county or
2571
in s. 166.041(3)(c) for a municipality. If a request for a plan
2572
amendment under this paragraph is initiated by other than the
2573
local government, public notice is required.
2574
b. The local government shall send copies of the notice and
2575
amendment to the state land planning agency, the regional
2576
planning council, and any other person or entity requesting a
2577
copy. This information shall also include a statement identifying
2578
any property subject to the amendment that is located within a
2579
coastal high-hazard area as identified in the local comprehensive
2580
plan.
2581
6.3. Small scale development amendments adopted pursuant to
2582
this paragraph require only one public hearing before the
2583
governing board, which shall be an adoption hearing as described
2584
in s. 163.3184(7), and are not subject to the requirements of s.
2585
163.3184(3)-(6) unless the local government elects to have them
2586
subject to those requirements.
2587
7.4. If the small scale development amendment involves a
2588
site within an area that is designated by the Governor as a rural
2589
area of critical economic concern under s. 288.0656(7) for the
2590
duration of such designation, the 10-acre limit listed in
2591
subparagraph 1. shall be increased by 100 percent to 20 acres.
2592
The local government approving the small scale plan amendment
2593
shall certify to the Office of Tourism, Trade, and Economic
2594
Development that the plan amendment furthers the economic
2595
objectives set forth in the executive order issued under s.
2596
288.0656(7), and the property subject to the plan amendment shall
2597
undergo public review to ensure that all concurrency requirements
2598
and federal, state, and local environmental permit requirements
2599
are met.
2600
8.(d) Any comprehensive plan amendment required by a
2601
compliance agreement pursuant to s. 163.3184(16) may be approved
2602
without regard to statutory limits on the frequency of adoption
2603
of amendments to the comprehensive plan.
2604
(e) A comprehensive plan amendment for location of a state
2605
correctional facility. Such an amendment may be made at any time
2606
and does not count toward the limitation on the frequency of plan
2607
amendments.
2608
9.(f) Any comprehensive plan amendment that changes the
2609
schedule in the capital improvements element, and any amendments
2610
directly related to the schedule, may be made once in a calendar
2611
year on a date different from the two times provided in this
2612
subsection when necessary to coincide with the adoption of the
2613
local government's budget and capital improvements program.
2614
(g) Any local government comprehensive plan amendments
2615
directly related to proposed redevelopment of brownfield areas
2616
designated under s. 376.80 may be approved without regard to
2617
statutory limits on the frequency of consideration of amendments
2618
to the local comprehensive plan.
2619
10.(h) Any comprehensive plan amendments for port
2620
transportation facilities and projects that are eligible for
2621
funding by the Florida Seaport Transportation and Economic
2622
Development Council pursuant to s. 311.07.
2623
(i) A comprehensive plan amendment for the purpose of
2624
designating an urban infill and redevelopment area under s.
2625
163.2517 may be approved without regard to the statutory limits
2626
on the frequency of amendments to the comprehensive plan.
2627
11.(j) Any comprehensive plan amendment to establish public
2628
school concurrency pursuant to s. 163.3180(13), including, but
2629
not limited to, adoption of a public school facilities element
2630
pursuant to s. 163.3177(12) and adoption of amendments to the
2631
capital improvements element and intergovernmental coordination
2632
element. In order to ensure the consistency of local government
2633
public school facilities elements within a county, such elements
2634
must shall be prepared and adopted on a similar time schedule.
2635
(k) A local comprehensive plan amendment directly related
2636
to providing transportation improvements to enhance life safety
2637
on Controlled Access Major Arterial Highways identified in the
2638
Florida Intrastate Highway System, in counties as defined in s.
2639
125.011, where such roadways have a high incidence of traffic
2640
accidents resulting in serious injury or death. Any such
2641
amendment shall not include any amendment modifying the
2642
designation on a comprehensive development plan land use map nor
2643
any amendment modifying the allowable densities or intensities of
2644
any land.
2645
(l) A comprehensive plan amendment to adopt a public
2646
educational facilities element pursuant to s. 163.3177(12) and
2647
future land-use-map amendments for school siting may be approved
2648
notwithstanding statutory limits on the frequency of adopting
2649
plan amendments.
2650
(m) A comprehensive plan amendment that addresses criteria
2651
or compatibility of land uses adjacent to or in close proximity
2652
to military installations in a local government's future land use
2653
element does not count toward the limitation on the frequency of
2654
the plan amendments.
2655
(n) Any local government comprehensive plan amendment
2656
establishing or implementing a rural land stewardship area
2657
pursuant to the provisions of s. 163.3177(11)(d).
2658
(o) A comprehensive plan amendment that is submitted by an
2659
area designated by the Governor as a rural area of critical
2660
economic concern under s. 288.0656(7) and that meets the economic
2661
development objectives may be approved without regard to the
2662
statutory limits on the frequency of adoption of amendments to
2663
the comprehensive plan.
2664
(p) Any local government comprehensive plan amendment that
2665
is consistent with the local housing incentive strategies
2666
identified in s. 420.9076 and authorized by the local government.
2667
12. Any local government comprehensive plan amendment
2668
adopted pursuant to a final order issued by the Administration
2669
Commission or Florida Land and Water Adjudicatory Commission.
2670
13. A future land use map amendment including not more than
2671
20 acres within an area designated by the Governor as a rural
2672
area of critical economic concern under s. 288.0656(7) for the
2673
duration of such designation. Before the adoption of such an
2674
amendment, the local government shall obtain from the Office of
2675
Tourism, Trade, and Economic Development written certification
2676
that the plan amendment furthers the economic objectives set
2677
forth in the executive order issued under s. 288.0656(7). The
2678
property subject to the plan amendment is subject to all
2679
concurrency requirements and federal, state, and local
2680
environmental permit requirements.
2681
14. Future land use map amendments and any associated
2682
special area policies that exist for affordable housing and
2683
qualify for expedited review under s. 163.32461.
2684
(3)(2) Comprehensive plans may only be amended in such a
2685
way as to preserve the internal consistency of the plan pursuant
2686
to s. 163.3177(2). Corrections, updates, or modifications of
2687
current costs which were set out as part of the comprehensive
2688
plan shall not, for the purposes of this act, be deemed to be
2689
amendments.
2690
(4)(3)(a) The state land planning agency shall not review
2691
or issue a notice of intent for small scale development
2692
amendments which satisfy the requirements of paragraph (2)(b)3.
2693
(1)(c). Any affected person may file a petition with the Division
2695
request a hearing to challenge the compliance of a small scale
2696
development amendment with this act within 30 days following the
2697
local government's adoption of the amendment, shall serve a copy
2698
of the petition on the local government, and shall furnish a copy
2699
to the state land planning agency. An administrative law judge
2700
shall hold a hearing in the affected jurisdiction not less than
2701
30 days nor more than 60 days following the filing of a petition
2702
and the assignment of an administrative law judge. The parties to
2703
a hearing held pursuant to this subsection shall be the
2704
petitioner, the local government, and any intervenor. In the
2705
proceeding, the local government's determination that the small
2706
scale development amendment is in compliance is presumed to be
2707
correct. The local government's determination shall be sustained
2708
unless it is shown by a preponderance of the evidence that the
2709
amendment is not in compliance with the requirements of this act.
2710
In any proceeding initiated pursuant to this subsection, the
2711
state land planning agency may intervene.
2712
(b)1. If the administrative law judge recommends that the
2713
small scale development amendment be found not in compliance, the
2714
administrative law judge shall submit the recommended order to
2715
the Administration Commission for final agency action. If the
2716
administrative law judge recommends that the small scale
2717
development amendment be found in compliance, the administrative
2718
law judge shall submit the recommended order to the state land
2719
planning agency.
2720
2. If the state land planning agency determines that the
2721
plan amendment is not in compliance, the agency shall submit,
2722
within 30 days following its receipt, the recommended order to
2723
the Administration Commission for final agency action. If the
2724
state land planning agency determines that the plan amendment is
2725
in compliance, the agency shall enter a final order within 30
2726
days following its receipt of the recommended order.
2727
(c) Small scale development amendments shall not become
2728
effective until 31 days after adoption. If challenged within 30
2729
days after adoption, small scale development amendments shall not
2730
become effective until the state land planning agency or the
2731
Administration Commission, respectively, issues a final order
2732
determining that the adopted small scale development amendment is
2733
in compliance. However, a small-scale amendment shall not become
2734
effective until it has been rendered to the state land planning
2735
agency as required by sub-subparagraph (1)(d)2.b. and the state
2736
land planning agency has certified to the local government in
2737
writing that the amendment qualifies as a small-scale amendment.
2738
(5)(4) Each governing body shall transmit to the state land
2739
planning agency a current copy of its comprehensive plan not
2740
later than December 1, 1985. Each governing body shall also
2741
transmit copies of any amendments it adopts to its comprehensive
2742
plan so as to continually update the plans on file with the state
2743
land planning agency.
2744
(6)(5) Nothing in this part is intended to prohibit or
2745
limit the authority of local governments to require that a person
2746
requesting an amendment pay some or all of the cost of public
2747
notice.
2748
(7)(6)(a) A No local government may not amend its
2749
comprehensive plan after the date established by the state land
2750
planning agency for adoption of its evaluation and appraisal
2751
report unless it has submitted its report or addendum to the
2752
state land planning agency as prescribed by s. 163.3191, except
2753
for plan amendments described in paragraph (2)(b)2. (1)(b) or
2754
paragraph (2)(b)10. (1)(h).
2755
(b) A local government may amend its comprehensive plan
2756
after it has submitted its adopted evaluation and appraisal
2757
report and for a period of 1 year after the initial determination
2758
of sufficiency regardless of whether the report has been
2759
determined to be insufficient.
2760
(c) A local government may not amend its comprehensive
2761
plan, except for plan amendments described in paragraph (2)(b)2.
2762
(1)(b), if the 1-year period after the initial sufficiency
2763
determination of the report has expired and the report has not
2764
been determined to be sufficient.
2765
(d) When the state land planning agency has determined that
2766
the report has sufficiently addressed all pertinent provisions of
2767
s. 163.3191, the local government may amend its comprehensive
2768
plan without the limitations imposed by paragraph (a) or
2769
paragraph (c).
2770
(e) Any plan amendment which a local government attempts to
2771
adopt in violation of paragraph (a) or paragraph (c) is invalid,
2772
but such invalidity may be overcome if the local government
2773
readopts the amendment and transmits the amendment to the state
2774
land planning agency pursuant to s. 163.3184(7) after the report
2775
is determined to be sufficient.
2776
Section 10. Section 163.3245, Florida Statutes, is amended
2777
to read:
2778
163.3245 Optional sector plans.--
2779
(1) In recognition of the benefits of large-scale
2780
conceptual long-range planning for the buildout of an area, and
2781
detailed planning for specific areas, as a demonstration project,
2782
the requirements of s. 380.06 may be addressed as identified by
2783
this section for up to five local governments or combinations of
2784
local governments may which adopt into their the comprehensive
2785
plans plan an optional sector plan in accordance with this
2786
section. This section is intended to further the intent of s.
2787
163.3177(11), which supports innovative and flexible planning and
2788
development strategies, and the purposes of this part, and part I
2789
of chapter 380, and to avoid duplication of effort in terms of
2790
the level of data and analysis required for a development of
2791
regional impact, while ensuring the adequate mitigation of
2792
impacts to applicable regional resources and facilities,
2793
including those within the jurisdiction of other local
2794
governments, as would otherwise be provided. Optional sector
2795
plans are intended for substantial geographic areas which include
2796
including at least 10,000 contiguous 5,000 acres of one or more
2797
local governmental jurisdictions and are to emphasize urban form
2798
and protection of regionally significant resources and
2799
facilities. The state land planning agency may approve optional
2800
sector plans of less than 5,000 acres based on local
2801
circumstances if it is determined that the plan would further the
2802
purposes of this part and part I of chapter 380. Preparation of
2803
an optional sector plan is authorized by agreement between the
2804
state land planning agency and the applicable local governments
2805
under s. 163.3171(4). An optional sector plan may be adopted
2806
through one or more comprehensive plan amendments under s.
2807
163.3184. However, an optional sector plan may not be authorized
2808
in an area of critical state concern.
2809
(2) The state land planning agency may enter into an
2810
agreement to authorize preparation of an optional sector plan
2811
upon the request of one or more local governments based on
2812
consideration of problems and opportunities presented by existing
2813
development trends; the effectiveness of current comprehensive
2814
plan provisions; the potential to further the state comprehensive
2815
plan, applicable strategic regional policy plans, this part, and
2816
part I of chapter 380; and those factors identified by s.
2817
163.3177(10)(i). The applicable regional planning council shall
2818
conduct a scoping meeting with affected local governments and
2819
those agencies identified in s. 163.3184(4) before the local
2820
government may consider the sector plan amendments for
2821
transmittal execution of the agreement authorized by this
2822
section. The purpose of this meeting is to assist the state land
2823
planning agency and the local government in identifying the
2824
identification of the relevant planning issues to be addressed
2825
and the data and resources available to assist in the preparation
2826
of the subsequent plan amendments. The regional planning council
2827
shall make written recommendations to the state land planning
2828
agency and affected local governments relating to, including
2829
whether a sustainable sector plan would be appropriate. The
2830
agreement must define the geographic area to be subject to the
2831
sector plan, the planning issues that will be emphasized,
2832
requirements for intergovernmental coordination to address
2833
extrajurisdictional impacts, supporting application materials
2834
including data and analysis, and procedures for public
2835
participation. An agreement may address previously adopted sector
2836
plans that are consistent with the standards in this section.
2837
Before executing an agreement under this subsection, the local
2838
government shall hold a duly noticed public workshop to review
2839
and explain to the public the optional sector planning process
2840
and the terms and conditions of the proposed agreement. The local
2841
government shall hold a duly noticed public hearing to execute
2842
the agreement. All meetings between the state land planning
2843
agency department and the local government must be open to the
2844
public.
2845
(3) Optional sector planning encompasses two levels:
2846
adoption under s. 163.3184 of a conceptual long-term overlay plan
2847
as part of buildout overlay to the comprehensive plan, having no
2848
immediate effect on the issuance of development orders or the
2850
detailed specific area plans that implement the conceptual long-
2851
term overlay plan buildout overlay and authorize issuance of
2852
development orders, and within which s. 380.06 is waived. Upon
2853
adoption of a conceptual long-term overlay plan, the underlying
2854
future land use designations may be used only if consistent with
2855
the plan and its implementing goals, objectives, and policies.
2856
Until such time as a detailed specific area plan is adopted, the
2857
underlying future land use designations apply.
2858
(a) In addition to the other requirements of this chapter,
2859
a conceptual long-term overlay plan adopted pursuant to s.
2860
163.3184 buildout overlay must include maps and text supported by
2861
data and analysis that address the following:
2862
1. A long-range conceptual overlay plan framework map that,
2863
at a minimum, identifies the maximum and minimum amounts,
2864
densities, intensities, and types of allowable development and
2865
generally depicts anticipated areas of urban, agricultural,
2866
rural, and conservation land use.
2867
2. A general identification of regionally significant
2868
public facilities consistent with chapter 9J-2, Florida
2869
Administrative Code, irrespective of local governmental
2870
jurisdiction, necessary to support buildout of the anticipated
2871
future land uses, and policies setting forth the procedures to be
2872
used to address and mitigate these impacts as part of the
2873
adoption of detailed specific area plans.
2874
3. A general identification of regionally significant
2875
natural resources and policies ensuring the protection and
2876
conservation of these resources consistent with chapter 9J-2,
2877
Florida Administrative Code.
2878
4. Principles and guidelines that address the urban form
2879
and interrelationships of anticipated future land uses, and a
2880
discussion, at the applicant's option, of the extent, if any, to
2881
which the plan will address restoring key ecosystems, achieving a
2882
more clean, healthy environment, limiting urban sprawl within the
2883
sector plan and surrounding area, providing affordable and
2884
workforce housing, promoting energy-efficient land use patterns,
2885
protecting wildlife and natural areas, advancing the efficient
2886
use of land and other resources, and creating quality communities
2887
and jobs.
2888
5. Identification of general procedures to ensure
2889
intergovernmental coordination to address extrajurisdictional
2890
impacts from the long-range conceptual overlay plan framework
2891
map.
2892
(b) In addition to the other requirements of this chapter,
2893
including those in paragraph (a), the detailed specific area
2894
plans must include:
2895
1. An area of adequate size to accommodate a level of
2896
development which achieves a functional relationship between a
2897
full range of land uses within the area and encompasses to
2898
encompass at least 1,000 acres. The state land planning agency
2899
may approve detailed specific area plans of less than 1,000 acres
2900
based on local circumstances if it is determined that the plan
2901
furthers the purposes of this part and part I of chapter 380.
2902
2. Detailed identification and analysis of the minimum and
2903
maximum amounts, densities, intensities, distribution, extent,
2904
and location of future land uses.
2905
3. Detailed identification of regionally significant public
2906
facilities, including public facilities outside the jurisdiction
2907
of the host local government, anticipated impacts of future land
2908
uses on those facilities, and required improvements consistent
2909
with the policies accompanying the plan and, for transportation,
2910
with rule 9J-2.045 chapter 9J-2, Florida Administrative Code.
2911
4. Public facilities necessary for the short term,
2912
including developer contributions in a financially feasible 5-
2913
year capital improvement schedule of the affected local
2914
government.
2915
5. Detailed analysis and identification of specific
2916
measures to assure the protection of regionally significant
2917
natural resources and other important resources both within and
2918
outside the host jurisdiction, including those regionally
2919
significant resources identified in chapter 9J-2, Florida
2920
Administrative Code.
2921
6. Principles and guidelines that address the urban form
2922
and interrelationships of anticipated future land uses and a
2923
discussion, at the applicant's option, of the extent, if any, to
2924
which the plan will address restoring key ecosystems, achieving a
2925
more clean, healthy environment, limiting urban sprawl, providing
2926
affordable and workforce housing, promoting energy-efficient land
2927
use patterns, protecting wildlife and natural areas, advancing
2928
the efficient use of land and other resources, and creating
2929
quality communities and jobs.
2930
7. Identification of specific procedures to ensure
2931
intergovernmental coordination that addresses to address
2932
extrajurisdictional impacts of the detailed specific area plan.
2933
(c) This subsection does may not be construed to prevent
2934
preparation and approval of the optional sector plan and detailed
2935
specific area plan concurrently or in the same submission.
2936
(4) The host local government shall submit a monitoring
2937
report to the state land planning agency and applicable regional
2938
planning council on an annual basis after adoption of a detailed
2939
specific area plan. The annual monitoring report must provide
2940
summarized information on development orders issued, development
2941
that has occurred, public facility improvements made, and public
2942
facility improvements anticipated over the upcoming 5 years.
2943
(4)(5) If When a plan amendment adopting a detailed
2944
specific area plan has become effective under ss. 163.3184 and
2946
development within the geographic area of the detailed specific
2947
area plan. However, any development-of-regional-impact
2948
development order that is vested from the detailed specific area
2949
plan may be enforced under s. 380.11.
2950
(a) The local government adopting the detailed specific
2951
area plan is primarily responsible for monitoring and enforcing
2952
the detailed specific area plan. Local governments may shall not
2953
issue any permits or approvals or provide any extensions of
2954
services to development that are not consistent with the detailed
2955
sector area plan.
2956
(b) If the state land planning agency has reason to believe
2957
that a violation of any detailed specific area plan, or of any
2958
agreement entered into under this section, has occurred or is
2959
about to occur, it may institute an administrative or judicial
2960
proceeding to prevent, abate, or control the conditions or
2961
activity creating the violation, using the procedures in s.
2962
2963
(c) In instituting an administrative or judicial proceeding
2964
involving an optional sector plan or detailed specific area plan,
2965
including a proceeding pursuant to paragraph (b), the complaining
2966
party shall comply with the requirements of s. 163.3215(4), (5),
2967
(6), and (7).
2968
(6) Beginning December 1, 1999, and each year thereafter,
2969
the department shall provide a status report to the Legislative
2970
Committee on Intergovernmental Relations regarding each optional
2971
sector plan authorized under this section.
2972
(5)(7) This section does may not be construed to abrogate
2973
the rights of any person under this chapter.
2974
Section 11. Section 163.3246, Florida Statutes, is amended
2975
to read:
2976
163.3246 Local Government Comprehensive Planning
2977
Certification Program.--
2978
(1) The Legislature finds that There is created the Local
2979
Government Comprehensive Planning Certification Program has had a
2980
low level of interest from and participation by local
2981
governments. New approaches, such as the Alternative State Review
2982
Process Pilot Program, provide a more effective approach to
2983
expediting and streamlining comprehensive plan amendment review.
2984
Therefore, the Local Government Comprehensive Planning
2985
Certification Program is discontinued and no additional local
2986
governments may be certified. The municipalities of Freeport,
2987
Lakeland, Miramar, and Orlando may continue to adopt amendments
2988
in accordance with this section and their certification agreement
2989
or certification notice. to be administered by the Department of
2990
Community Affairs. The purpose of the program is to create a
2991
certification process for local governments who identify a
2992
geographic area for certification within which they commit to
2993
directing growth and who, because of a demonstrated record of
2994
effectively adopting, implementing, and enforcing its
2995
comprehensive plan, the level of technical planning experience
2996
exhibited by the local government, and a commitment to implement
2997
exemplary planning practices, require less state and regional
2998
oversight of the comprehensive plan amendment process. The
2999
purpose of the certification area is to designate areas that are
3000
contiguous, compact, and appropriate for urban growth and
3001
development within a 10-year planning timeframe. Municipalities
3002
and counties are encouraged to jointly establish the
3003
certification area, and subsequently enter into joint
3004
certification agreement with the department.
3005
(2) In order to be eligible for certification under the
3006
program, the local government must:
3007
(a) Demonstrate a record of effectively adopting,
3008
implementing, and enforcing its comprehensive plan;
3009
(b) Demonstrate technical, financial, and administrative
3010
expertise to implement the provisions of this part without state
3011
oversight;
3012
(c) Obtain comments from the state and regional review
3013
agencies regarding the appropriateness of the proposed
3014
certification;
3015
(d) Hold at least one public hearing soliciting public
3016
input concerning the local government's proposal for
3017
certification; and
3018
(e) Demonstrate that it has adopted programs in its local
3019
comprehensive plan and land development regulations which:
3020
1. Promote infill development and redevelopment, including
3021
prioritized and timely permitting processes in which applications
3022
for local development permits within the certification area are
3023
acted upon expeditiously for proposed development that is
3024
consistent with the local comprehensive plan.
3025
2. Promote the development of housing for low-income and
3026
very-low-income households or specialized housing to assist
3027
elderly and disabled persons to remain at home or in independent
3028
living arrangements.
3029
3. Achieve effective intergovernmental coordination and
3030
address the extrajurisdictional effects of development within the
3031
certified area.
3032
4. Promote economic diversity and growth while encouraging
3033
the retention of rural character, where rural areas exist, and
3034
the protection and restoration of the environment.
3035
5. Provide and maintain public urban and rural open space
3036
and recreational opportunities.
3037
6. Manage transportation and land uses to support public
3038
transit and promote opportunities for pedestrian and nonmotorized
3039
transportation.
3040
7. Use design principles to foster individual community
3041
identity, create a sense of place, and promote pedestrian-
3042
oriented safe neighborhoods and town centers.
3043
8. Redevelop blighted areas.
3044
9. Adopt a local mitigation strategy and have programs to
3045
improve disaster preparedness and the ability to protect lives
3046
and property, especially in coastal high-hazard areas.
3047
10. Encourage clustered, mixed-use development that
3048
incorporates greenspace and residential development within
3049
walking distance of commercial development.
3050
11. Encourage urban infill at appropriate densities and
3051
intensities and separate urban and rural uses and discourage
3052
urban sprawl while preserving public open space and planning for
3053
buffer-type land uses and rural development consistent with their
3054
respective character along and outside the certification area.
3055
12. Assure protection of key natural areas and agricultural
3056
lands that are identified using state and local inventories of
3057
natural areas. Key natural areas include, but are not limited to:
3058
a. Wildlife corridors.
3059
b. Lands with high native biological diversity, important
3060
areas for threatened and endangered species, species of special
3061
concern, migratory bird habitat, and intact natural communities.
3062
c. Significant surface waters and springs, aquatic
3063
preserves, wetlands, and outstanding Florida waters.
3064
d. Water resources suitable for preservation of natural
3065
systems and for water resource development.
3066
e. Representative and rare native Florida natural systems.
3067
13. Ensure the cost-efficient provision of public
3068
infrastructure and services.
3069
(3) Portions of local governments located within areas of
3070
critical state concern cannot be included in a certification
3071
area.
3072
(4) A local government or group of local governments
3073
seeking certification of all or part of a jurisdiction or
3074
jurisdictions must submit an application to the department which
3075
demonstrates that the area sought to be certified meets the
3076
criteria of subsections (2) and (5). The application shall
3077
include copies of the applicable local government comprehensive
3078
plan, land development regulations, interlocal agreements, and
3079
other relevant information supporting the eligibility criteria
3080
for designation. Upon receipt of a complete application, the
3081
department must provide the local government with an initial
3082
response to the application within 90 days after receipt of the
3083
application.
3084
(5) If the local government meets the eligibility criteria
3085
of subsection (2), the department shall certify all or part of a
3086
local government by written agreement, which shall be considered
3087
final agency action subject to challenge under s. 120.569.
3088
(2) The agreement for the municipalities of Lakeland,
3089
Miramar, and Orlando must include the following components:
3090
(a) The basis for certification.
3091
(b) The boundary of the certification area, which
3092
encompasses areas that are contiguous, compact, appropriate for
3093
urban growth and development, and in which public infrastructure
3094
exists is existing or is planned within a 10-year planning
3095
timeframe. The certification area must is required to include
3096
sufficient land to accommodate projected population growth,
3097
housing demand, including choice in housing types and
3098
affordability, job growth and employment, appropriate densities
3099
and intensities of use to be achieved in new development and
3100
redevelopment, existing or planned infrastructure, including
3101
transportation and central water and sewer facilities. The
3102
certification area must be adopted as part of the local
3103
government's comprehensive plan.
3104
(c) A demonstration that the capital improvements plan
3105
governing the certified area is updated annually.
3106
(d) A visioning plan or a schedule for the development of a
3107
visioning plan.
3108
(e) A description of baseline conditions related to the
3109
evaluation criteria in paragraph (g) in the certified area.
3110
(f) A work program setting forth specific planning
3111
strategies and projects that will be undertaken to achieve
3112
improvement in the baseline conditions as measured by the
3113
criteria identified in paragraph (g).
3114
(g) Criteria to evaluate the effectiveness of the
3115
certification process in achieving the community-development
3116
goals for the certification area including:
3117
1. Measuring the compactness of growth, expressed as the
3118
ratio between population growth and land consumed;
3119
2. Increasing residential density and intensities of use;
3120
3. Measuring and reducing vehicle miles traveled and
3121
increasing the interconnectedness of the street system,
3122
pedestrian access, and mass transit;
3123
4. Measuring the balance between the location of jobs and
3124
housing;
3125
5. Improving the housing mix within the certification area,
3126
including the provision of mixed-use neighborhoods, affordable
3127
housing, and the creation of an affordable housing program if
3128
such a program is not already in place;
3129
6. Promoting mixed-use developments as an alternative to
3130
single-purpose centers;
3131
7. Promoting clustered development having dedicated open
3132
space;
3133
8. Linking commercial, educational, and recreational uses
3134
directly to residential growth;
3135
9. Reducing per capita water and energy consumption;
3136
10. Prioritizing environmental features to be protected and
3137
adopting measures or programs to protect identified features;
3138
11. Reducing hurricane shelter deficits and evacuation
3139
times and implementing the adopted mitigation strategies; and
3140
12. Improving coordination between the local government and
3141
school board.
3142
(h) A commitment to change any land development regulations
3143
that restrict compact development and adopt alternative design
3144
codes that encourage desirable densities and intensities of use
3145
and patterns of compact development identified in the agreement.
3146
(i) A plan for increasing public participation in
3147
comprehensive planning and land use decisionmaking which includes
3148
outreach to neighborhood and civic associations through community
3149
planning initiatives.
3150
(j) A demonstration that the intergovernmental coordination
3151
element of the local government's comprehensive plan includes
3152
joint processes for coordination between the school board and
3153
local government pursuant to s. 163.3177(6)(h)2. and other
3154
requirements of law.
3155
(k) A method of addressing the extrajurisdictional effects
3156
of development within the certified area, which is integrated by
3157
amendment into the intergovernmental coordination element of the
3158
local government comprehensive plan.
3159
(l) A requirement for the annual reporting to the state
3160
land planning agency department of plan amendments adopted during
3161
the year, and the progress of the local government in meeting the
3162
terms and conditions of the certification agreement. Prior to the
3163
deadline for the annual report, the local government must hold a
3164
public hearing soliciting public input on the progress of the
3165
local government in satisfying the terms of the certification
3166
agreement.
3167
(m) An expiration date that is within no later than 10
3168
years after execution of the agreement.
3169
(6) The department may enter up to eight new certification
3170
agreements each fiscal year. The department shall adopt
3171
procedural rules governing the application and review of local
3172
government requests for certification. Such procedural rules may
3173
establish a phased schedule for review of local government
3174
requests for certification.
3175
(3) For the municipality of Freeport, the notice of
3176
certification shall include the following components:
3177
(a) The boundary of the certification area.
3178
(b) A report to the state land planning agency according to
3179
the schedule provided in the written notice. The monitoring
3180
report shall, at a minimum, include the number of amendments to
3181
the comprehensive plan adopted by the local government, the
3182
number of plan amendments challenged by an affected person, and
3183
the disposition of those challenges.
3184
(c) Notwithstanding any other subsections, the municipality
3185
of Freeport shall remain certified for as long as it is
3186
designated as a rural area of critical economic concern.
3187
(4) If the municipality of Freeport does not request that
3188
the state land planning agency review the developments of
3189
regional impact that are proposed within the certified area, an
3190
application for approval of a development order within the
3191
certified area shall be exempt from review under s. 380.06,
3192
subject to the following:
3193
(a) Concurrent with filing an application for development
3194
approval with the local government, a developer proposing a
3195
project that would have been subject to review pursuant to s.
3196
380.06 shall notify in writing the regional planning council that
3197
has jurisdiction.
3198
(b) The regional planning council shall coordinate with the
3199
developer and the local government to ensure that all concurrency
3200
requirements as well as federal, state, and local environmental
3201
permit requirements are met.
3202
(5)(7) The state land planning agency department shall
3203
revoke the local government's certification if it determines that
3204
the local government is not substantially complying with the
3205
terms of the agreement.
3206
(6)(8) An affected person, as defined in s. 163.3184(1) by
3207
s. 163.3184(1)(a), may petition for an administrative hearing
3208
alleging that a local government is not substantially complying
3209
with the terms of the agreement, using the procedures and
3210
timeframes for notice and conditions precedent described in s.
3211
163.3213. Such a petition must be filed within 30 days after the
3212
annual public hearing required by paragraph (2)(l) (5)(l).
3213
(7)(9)(a) Upon certification All comprehensive plan
3214
amendments associated with the area certified must be adopted and
3215
reviewed in the manner described in ss. 163.3184(1), (2), (7),
3216
(14), (15), and (16) and 163.3187, such that state and regional
3217
agency review is eliminated. The state land planning agency
3218
department may not issue any objections, recommendations, and
3219
comments report on proposed plan amendments or a notice of intent
3220
on adopted plan amendments; however, affected persons, as defined
3222
administrative review pursuant to the requirements of s.
3223
163.3187(3)(a) to challenge the compliance of an adopted plan
3224
amendment.
3225
(b) Plan amendments that change the boundaries of the
3226
certification area; propose a rural land stewardship area
3227
pursuant to s. 163.3177(11)(d); propose an optional sector plan
3228
pursuant to s. 163.3245; propose a school facilities element;
3229
update a comprehensive plan based on an evaluation and appraisal
3230
report; impact lands outside the certification boundary;
3231
implement new statutory requirements that require specific
3232
comprehensive plan amendments; or increase hurricane evacuation
3233
times or the need for shelter capacity on lands within the
3234
coastal high-hazard area shall be reviewed pursuant to ss.
3236
(10) Notwithstanding subsections (2), (4), (5), (6), and
3237
(7), any municipality designated as a rural area of critical
3238
economic concern pursuant to s. 288.0656 which is located within
3239
a county eligible to levy the Small County Surtax under s.
3240
212.055(3) shall be considered certified during the effectiveness
3241
of the designation of rural area of critical economic concern.
3242
The state land planning agency shall provide a written notice of
3243
certification to the local government of the certified area,
3244
which shall be considered final agency action subject to
3245
challenge under s. 120.569. The notice of certification shall
3246
include the following components:
3247
(a) The boundary of the certification area.
3248
(b) A requirement that the local government submit either
3249
an annual or biennial monitoring report to the state land
3250
planning agency according to the schedule provided in the written
3251
notice. The monitoring report shall, at a minimum, include the
3252
number of amendments to the comprehensive plan adopted by the
3253
local government, the number of plan amendments challenged by an
3254
affected person, and the disposition of those challenges.
3255
(11) If the local government of an area described in
3256
subsection (10) does not request that the state land planning
3257
agency review the developments of regional impact that are
3258
proposed within the certified area, an application for approval
3259
of a development order within the certified area shall be exempt
3260
from review under s. 380.06, subject to the following:
3261
(a) Concurrent with filing an application for development
3262
approval with the local government, a developer proposing a
3263
project that would have been subject to review pursuant to s.
3264
380.06 shall notify in writing the regional planning council with
3265
jurisdiction.
3266
(b) The regional planning council shall coordinate with the
3267
developer and the local government to ensure that all concurrency
3268
requirements as well as federal, state, and local environmental
3269
permit requirements are met.
3270
(8)(12) A local government's certification shall be
3271
reviewed by the local government and the state land planning
3272
agency department as part of the evaluation and appraisal process
3273
pursuant to s. 163.3191. Within 1 year after the deadline for the
3274
local government to update its comprehensive plan based on the
3275
evaluation and appraisal report, the state land planning agency
3276
department shall renew or revoke the certification. The local
3277
government's failure to adopt a timely evaluation and appraisal
3278
report, failure to adopt an evaluation and appraisal report found
3279
to be sufficient, or failure to timely adopt amendments based on
3280
an evaluation and appraisal report found to be in compliance by
3281
the state land planning agency department shall be cause for
3282
revoking the certification agreement. The state land planning
3283
agency's department's decision to renew or revoke is shall be
3284
considered agency action subject to challenge under s. 120.569.
3285
(13) The department shall, by July 1 of each odd-numbered
3286
year, submit to the Governor, the President of the Senate, and
3287
the Speaker of the House of Representatives a report listing
3288
certified local governments, evaluating the effectiveness of the
3289
certification, and including any recommendations for legislative
3290
actions.
3291
(14) The Office of Program Policy Analysis and Government
3292
Accountability shall prepare a report evaluating the
3293
certification program, which shall be submitted to the Governor,
3294
the President of the Senate, and the Speaker of the House of
3295
Representatives by December 1, 2007.
3296
Section 12. Section 163.32461, Florida Statutes, is created
3297
to read:
3298
163.32461 Affordable housing growth strategies.--
3299
(1) LEGISLATIVE INTENT.--The Legislature recognizes the
3300
acute need to increase the availability of affordable housing in
3301
the state consistent this section, the state comprehensive plan,
3302
and the State Housing Strategy Act. The Legislature also
3303
recognizes that construction costs increase as the result of
3304
regulatory delays in approving the development of affordable
3305
housing. The Legislature further recognizes that the state's
3306
growth management laws can be amended in a manner that encourages
3307
the development of affordable housing. Therefore, it is the
3308
intent of the Legislature that state review of comprehensive plan
3309
amendments and local government review of development proposals
3310
that provide for affordable housing be streamlined and expedited.
3311
(2) DEFINITIONS.--For purposes of this section, the term:
3312
(a) "Density bonus" means an increase in the number of on-
3313
site, market-rate units that provide an incentive for the
3314
construction of affordable housing.
3315
(b) "Development" has the same meaning as in s. 380.04.
3316
(c) "Long-term affordable housing unit" means housing that
3317
is affordable to individuals or families whose total annual
3318
household income does not exceed 120 percent of the area median
3319
income adjusted for household size or, if located in a county in
3320
which the median purchase price for an existing single-family
3321
home exceeds the statewide median purchase price for such home,
3322
does not exceed 140 percent of the area median income adjusted
3323
for family size. The unit shall be subject to a rental, deed, or
3324
other restriction to ensure that it meets the income limits
3325
provided in this paragraph for at least 30 years.
3326
(3) OPTIONAL EXPEDITED REVIEW IN COUNTIES HAVING A
3327
POPULATION GREATER THAN 75,000.--In counties having a population
3328
greater than 75,000 and municipalities within those counties, a
3329
future land use map amendment for a proposed residential
3330
development or mixed-use development requiring that at least 15
3331
percent of the residential units are long-term affordable housing
3332
units is subject to the alternative state review process in s.
3333
163.32465(3)-(6). Any special area plan policies or map notations
3334
directly related to the map amendment may be adopted at the same
3335
time and in the same manner as the map amendment.
3336
(4) OPTIONAL EXPEDITED REVIEW IN COUNTIES HAVING A
3337
POPULATION urban redevelopment pursuant to s. 163.3164(26), OF
3338
FEWER THAN 75,000.--In a county having a population of fewer than
3339
75,000 persons, a future land use map amendment for a proposed
3340
residential development or mixed-use development is subject to
3341
the alternative state review process in s. 163.32465(3)-(6) if:
3342
(a) The development is located in an area identified as
3343
appropriate for affordable housing in an adopted rural sub-
3344
element that meets the requirements of s. 163.3177(6)(a); and
3345
(b) The amendment requires that at least 15 percent of the
3346
residential units are long-term affordable housing units. Any
3347
special area plan policies or map notations directly related to
3348
the map amendment may be adopted at the same time and in the same
3349
manner as the map amendment. The state land planning agency shall
3350
provide funding, contingent upon a legislative appropriation, to
3351
counties that undertake the process of preparing a rural sub-
3352
element that satisfies the requirements of s. 163.3177(6)(a).
3353
(5) UNIFIED APPLICATION AND EXPEDITED REVIEW.--
3354
(a) Each local government shall by July 1, 2009, establish
3355
a process for the unified and expedited review of an application
3356
for development approval for a residential development or mixed-
3357
use development in which at least 15 percent of the residential
3358
units are long-term affordable housing units. The process shall
3359
combine plan amendment and rezoning approval at the local level
3360
and shall include, at a minimum:
3361
1. A unified application. Each local government shall
3362
provide for a unified application for all comprehensive plan
3363
amendment and rezoning related to a residential development or
3364
mixed-use development in which at least 15 percent of the
3365
residential units are long-term affordable housing units. Local
3366
governments are encouraged to adopt requirements for a
3367
preapplication conference with an applicant to coordinate the
3368
completion and submission of the application. Local governments
3369
are also encouraged to assign the coordination for review of a
3370
unified application to one employee.
3371
2. Procedures for expedited review. Each local government
3372
shall adopt procedures that require an expedited review of a
3373
unified application. At a minimum, these procedures must ensure
3374
that:
3375
a. Within 10 days after receiving a unified application,
3376
the local government provides written notification to an
3377
applicant stating the application is complete or requests in
3378
writing any specific information needed to complete the
3379
application.
3380
b. The local planning agency holds its hearing on a unified
3381
application and the governing body of the local government holds
3382
its first public hearing on whether to transmit the comprehensive
3383
plan amendment portion of a unified application under s.
3384
163.32465(4)(a) within 45 days after the application is
3385
determined to be complete.
3386
c. For plan amendments that have been transmitted to the
3387
state land planning agency under sub-subparagraph b., the
3388
governing body of a local government holds its second public
3389
hearing on whether to adopt the comprehensive plan amendment
3390
simultaneously with a hearing on any necessary rezoning ordinance
3391
within 30 days after the expiration of the 30-day period allowed
3392
for receipt of agency comments under s. 163.32465(4)(b).
3393
(b) This subsection does not apply to development within a
3394
rural land-stewardship area, within optional sector plan, within
3395
coastal high-hazard area, within an area of critical state
3396
concern, or on lands identified as environmentally sensitive in
3397
the local comprehensive plan.
3398
(6) EXPEDITED SUBDIVISIONS, SITE PLANS, AND BUILDING
3399
PERMITS.--Each local government shall adopt procedures to ensure
3400
that applications for subdivision, site plan approval, and
3401
building permits for a development in which 15 percent of the
3402
units are long-term affordable housing units are approved,
3403
approved with conditions, or denied within a specified number of
3404
days that is 50 percent of the average number of days the local
3405
government normally takes to process such application.
3406
(7) REQUIRED DENSITY BONUSES FOR DONATED LAND.--Each local
3407
government shall amend its comprehensive plan by July 1, 2009, to
3408
provide a 15-percent density bonus if the land is donated for the
3409
development of affordable housing. The comprehensive plan shall
3410
establish a minimum number of acres that must be donated in order
3411
to receive the bonus.
3412
(a) The density bonus:
3413
1. Must be a 15 percent increase above the allowable number
3414
of residential units and shall apply to land identified by the
3415
developer and approved by the local government;
3416
2. May be used only on land within an area designated as an
3417
urban service area in the local comprehensive plan; and
3418
3. May not be used on land within a coastal high-hazard
3419
area or an area of critical state concern or on lands identified
3420
as environmentally sensitive in the local comprehensive plan.
3421
(b) The land donated for affordable housing does not have
3422
to be collocated with the land receiving the density bonus, but
3423
both parcels must be located within the local government's
3424
jurisdiction for the density bonus to apply. The donated land
3425
must be suitable for development as housing and must be conveyed
3426
to the local government in fee simple. The local government may
3427
transfer all or a portion of the donated land to a nonprofit
3428
organization, such as a community land trust, housing authority,
3429
or community redevelopment agency to be used for the development
3430
and preservation of permanently affordable housing in a project
3431
in which at least 30 percent of the residential units are
3432
affordable.
3433
(8) REQUIRED DENSITY BONUSES.--Each local government shall
3434
amend its comprehensive plan by July 1, 2009, to provide a 15-
3435
percent density bonus above the allowable number of residential
3436
units for a residential development or a mixed-use development
3437
that is located within 2 miles of an existing employment center
3438
or an employment center that has received site plan approval. At
3439
least 15 percent of any residential units developed under this
3440
subsection must be long-term affordable housing units.
3441
(a) The density bonus:
3442
1. May be used only on land within an area designated as an
3443
urban service area in the local comprehensive plan; and
3444
2. May not be used on land within a coastal high-hazard
3445
area or an area of critical state concern or on lands identified
3446
as environmentally sensitive in the local comprehensive plan.
3447
(b) For purposes of this subsection, the term "employment
3448
center" means a place of employment, or multiple places of
3449
employment that are contiguously located, which employ 100 or
3450
more full-time employees and is located within an urban service
3451
area, approved sector plan, or area designated as a rural area of
3452
critical economic concern under s. 288.0656.
3453
(9) CALCULATION OF AFFORDABLE UNITS.--When calculating the
3454
number of long-term affordable housing units under this section,
3455
a fraction of 0.5 or more shall be rounded up to the next whole
3456
number and a fraction of less than 0.5 shall be rounded down to
3457
the next lower whole number.
3458
(10) PENALTY.-- As a precondition to receiving any state
3459
affordable housing funding or allocation for any project or
3460
program within the local government's jurisdiction, a local
3461
government must, by July 1 of each year, provide certification
3462
that the local government is in compliance with this section.
3463
Section 13. Paragraphs (a) and (b) of subsection (1),
3464
subsections (2) and (3), paragraph (b) of subsection (4),
3465
paragraph (a) of subsection (5), paragraph (g) of subsection (6),
3466
and subsections (7) and (8) of section 163.32465, Florida
3467
Statutes, are amended to read:
3468
163.32465 State review of local comprehensive plans in
3469
urban areas.--
3470
(1) LEGISLATIVE FINDINGS.--
3471
(a) The Legislature finds that local governments in this
3472
state have a wide diversity of resources, conditions, abilities,
3473
and needs. The Legislature also finds that the needs and
3474
resources of urban areas are different from those of rural areas
3475
and that different planning and growth management approaches,
3476
strategies, and techniques are required in urban areas. The state
3477
role in overseeing growth management should reflect this
3478
diversity and should vary based on local government conditions,
3479
capabilities, needs, and the extent and type of development.
3480
Therefore Thus, the Legislature recognizes and finds that reduced
3481
state oversight of local comprehensive planning is justified for
3482
some local governments in urban areas and for certain types of
3483
development.
3484
(b) The Legislature finds and declares that this state's
3485
urban areas require a reduced level of state oversight because of
3486
their high degree of urbanization and the planning capabilities
3487
and resources of many of their local governments. An alternative
3488
state review process that is adequate to protect issues of
3489
regional or statewide importance should be created for
3490
appropriate local governments in these areas and for certain
3491
types of development. Further, the Legislature finds that
3492
development, including urban infill and redevelopment, should be
3493
encouraged in these urban areas. The Legislature finds that an
3494
alternative process for amending local comprehensive plans in
3495
these areas should be established with an objective of
3496
streamlining the process and recognizing local responsibility and
3497
accountability.
3498
(2) ALTERNATIVE STATE REVIEW PROCESS PILOT
3499
PROGRAM.--Pinellas and Broward Counties, and the municipalities
3500
within these counties, and Jacksonville, Miami, Tampa, and
3501
Hialeah shall follow the an alternative state review process
3502
provided in this section. Municipalities within the pilot
3503
counties may elect, by super majority vote of the governing body,
3504
not to participate in the pilot program. The alternative state
3505
review process shall also apply to:
3506
(a) Future land use map amendments and associated special
3507
area policies within areas designated in a comprehensive plan for
3508
downtown revitalization pursuant to s. 163.3164(25), urban
3509
redevelopment pursuant to s. 163.3164(26), urban infill
3510
development pursuant to s. 163.3164(27), urban infill and
3511
redevelopment pursuant to s. 163.2517, or an urban service area
3512
pursuant to s. 163.3180(5)(b)5;
3513
(b) Affordable housing amendments that qualify under s.
3514
163.32461; and
3515
(c) Future land use map amendments within an area
3516
designated by the Governor as a rural area of critical economic
3517
concern under s. 288.0656(7) for the duration of such
3518
designation. Before the adoption of such an amendment, the local
3519
government must obtain written certification from the Office of
3520
Tourism, Trade, and Economic Development that the plan amendment
3521
furthers the economic objectives set forth in the executive order
3522
issued under s. 288.0656(7).
3523
(3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
3524
UNDER THE PILOT PROGRAM.--
3525
(a) Plan amendments adopted by the pilot program
3526
jurisdictions shall follow the alternate, expedited process in
3527
subsections (4) and (5), except as set forth in paragraphs (b)-
3528
(f) (b)-(e) of this subsection.
3529
(b) Amendments that qualify as small-scale development
3530
amendments may continue to be adopted by the pilot program
3532
(3).
3533
(c) Plan amendments that propose a rural land stewardship
3534
area pursuant to s. 163.3177(11)(d); propose an optional sector
3535
plan; update a comprehensive plan based on an evaluation and
3536
appraisal report; implement new statutory requirements not
3537
previously incorporated into a comprehensive plan; or new plans
3538
for newly incorporated municipalities are subject to state review
3539
as set forth in s. 163.3184.
3540
(d) Pilot program jurisdictions are shall be subject to the
3541
frequency, voting, and timing requirements for plan amendments
3543
stated in this section.
3544
(e) The mediation and expedited hearing provisions in s.
3545
163.3189(3) apply to all plan amendments adopted by the pilot
3546
program jurisdictions.
3547
(f) All amendments adopted under this section must comply
3549
(4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
3550
PILOT PROGRAM.--
3551
(b) The agencies and local governments specified in
3552
paragraph (a) may provide comments regarding the amendment or
3553
amendments to the local government. The regional planning council
3554
review and comment shall be limited to effects on regional
3555
resources or facilities identified in the strategic regional
3556
policy plan and extrajurisdictional impacts that would be
3557
inconsistent with the comprehensive plan of the affected local
3558
government. A regional planning council may shall not review and
3559
comment on a proposed comprehensive plan amendment prepared by
3560
such council unless the plan amendment has been changed by the
3561
local government subsequent to the preparation of the plan
3562
amendment by the regional planning council. County comments on
3563
municipal comprehensive plan amendments shall be primarily in the
3564
context of the relationship and effect of the proposed plan
3565
amendments on the county plan. Municipal comments on county plan
3566
amendments shall be primarily in the context of the relationship
3567
and effect of the amendments on the municipal plan. State agency
3568
comments may include technical guidance on issues of agency
3569
jurisdiction as it relates to the requirements of this part. Such
3570
comments must shall clearly identify issues that, if not
3571
resolved, may result in an agency challenge to the plan
3572
amendment. For the purposes of this pilot program, agencies are
3573
encouraged to focus potential challenges on issues of regional or
3574
statewide importance. Agencies and local governments must
3575
transmit their comments to the affected local government, if
3576
issued, within 30 days after such that they are received by the
3577
local government not later than thirty days from the date on
3578
which the state land planning agency notifies the affected local
3579
government that the plan amendment package is complete agency or
3580
government received the amendment or amendments. Any comments
3581
from the agencies and local governments must also be transmitted
3582
to the state land planning agency.
3583
(5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
3584
AREAS.--
3585
(a) The local government shall hold its second public
3586
hearing, which shall be a hearing on whether to adopt one or more
3587
comprehensive plan amendments, on a weekday at least 5 days after
3588
the day the second advertisement is published pursuant to the
3589
requirements of chapter 125 or chapter 166. Adoption of
3590
comprehensive plan amendments must be by ordinance and requires
3591
an affirmative vote of a majority of the members of the governing
3592
body present at the second hearing. The hearing must be conducted
3593
and the amendment adopted within 120 days after receipt of the
3594
agency comments pursuant to s. 163.3246(4)(b). If a local
3595
government fails to adopt the plan amendment within the timeframe
3596
set forth in this subsection, the plan amendment is deemed
3597
abandoned and the plan amendment may not be considered until the
3598
next available amendment cycle pursuant to s. 163.3187.
3599
(6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
3600
PROGRAM.--
3601
(g) An amendment adopted under the expedited provisions of
3602
this section shall not become effective until completion of the
3603
time period available to the state land planning agency for
3604
administrative challenge under s. 163.32465(6)(a) 31 days after
3605
adoption. If timely challenged, an amendment shall not become
3606
effective until the state land planning agency or the
3607
Administration Commission enters a final order determining that
3608
the adopted amendment is to be in compliance.
3609
(7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
3610
GOVERNMENTS.--Local governments and specific areas that are have
3611
been designated for alternate review process pursuant to ss.
3613
section.
3614
(8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.--The state land
3615
planning agency may adopt procedural Agencies shall not
3616
promulgate rules to administer implement this section pilot
3617
program.
3618
Section 14. Section 166.0451, Florida Statutes, is
3619
renumbered as section 163.32432, Florida Statutes, and amended to
3620
read:
3621
163.32432 166.0451 Disposition of municipal property for
3622
affordable housing.--
3623
(1) By July 1, 2007, and every 3 years thereafter, each
3624
municipality shall prepare an inventory list of all real property
3625
within its jurisdiction to which the municipality holds fee
3626
simple title that is appropriate for use as affordable housing.
3627
The inventory list must include the address and legal description
3628
of each such property and specify whether the property is vacant
3629
or improved. The governing body of the municipality must review
3630
the inventory list at a public hearing and may revise it at the
3631
conclusion of the public hearing. Following the public hearing,
3632
the governing body of the municipality shall adopt a resolution
3633
that includes an inventory list of such property.
3634
(2) The properties identified as appropriate for use as
3635
affordable housing on the inventory list adopted by the
3636
municipality may be offered for sale and the proceeds may be used
3637
to purchase land for the development of affordable housing or to
3638
increase the local government fund earmarked for affordable
3639
housing, or may be sold with a restriction that requires the
3640
development of the property as permanent affordable housing, or
3641
may be donated to a nonprofit housing organization for the
3642
construction of permanent affordable housing. Alternatively, the
3643
municipality may otherwise make the property available for use
3644
for the production and preservation of permanent affordable
3645
housing. For purposes of this section, the term "affordable" has
3646
the same meaning as in s. 420.0004(3).
3647
(3) As a precondition to receiving any state affordable
3648
housing funding or allocation for any project or program within
3649
the municipality's jurisdiction, a municipality must, by July 1
3650
of each year, provide certification that the inventory and any
3651
update required by this section is complete.
3652
Section 15. Paragraph (c) of subsection (6) of section
3653
253.034, Florida Statutes, is amended, and paragraph (d) is added
3654
to subsection (8) of that section, to read:
3655
253.034 State-owned lands; uses.--
3656
(6) The Board of Trustees of the Internal Improvement Trust
3657
Fund shall determine which lands, the title to which is vested in
3658
the board, may be surplused. For conservation lands, the board
3659
shall make a determination that the lands are no longer needed
3660
for conservation purposes and may dispose of them by an
3661
affirmative vote of at least three members. In the case of a land
3662
exchange involving the disposition of conservation lands, the
3663
board must determine by an affirmative vote of at least three
3664
members that the exchange will result in a net positive
3665
conservation benefit. For all other lands, the board shall make a
3666
determination that the lands are no longer needed and may dispose
3667
of them by an affirmative vote of at least three members.
3668
(c) At least every 5 10 years, as a component of each land
3669
management plan or land use plan and in a form and manner
3670
prescribed by rule by the board, each manager shall evaluate and
3671
indicate to the board those lands that are not being used for the
3672
purpose for which they were originally leased. For conservation
3673
lands, the council shall review and shall recommend to the board
3674
whether such lands should be retained in public ownership or
3675
disposed of by the board. For nonconservation lands, the division
3676
shall review such lands and shall recommend to the board whether
3677
such lands should be retained in public ownership or disposed of
3678
by the board.
3679
(8)
3680
(d) Beginning December 1, 2008, the Division of State Lands
3681
shall annually submit to the President of the Senate and the
3682
Speaker of the House of Representatives a copy of the state
3683
inventory that identifies all nonconservation lands, including
3684
lands that meet the surplus requirements of subsection (6) and
3685
lands purchased by the state, a state agency, or a water
3686
management district which are not essential or necessary for
3687
conservation purposes. The division shall also publish a copy of
3688
the annual inventory on its website and notify by electronic mail
3689
the executive head of the governing body of each local government
3690
that has lands in the inventory within its jurisdiction.
3691
Section 16. Subsection (5) and paragraph (d) of subsection
3692
(12) of section 288.975, Florida Statutes, are amended to read:
3693
288.975 Military base reuse plans.--
3694
(5) At the discretion of the host local government, the
3695
provisions of this act may be complied with through the adoption
3696
of the military base reuse plan as a separate component of the
3697
local government comprehensive plan or through simultaneous
3698
amendments to all pertinent portions of the local government
3699
comprehensive plan. Once adopted and approved in accordance with
3700
this section, the military base reuse plan shall be considered to
3701
be part of the host local government's comprehensive plan and
3702
shall be thereafter implemented, amended, and reviewed in
3703
accordance with the provisions of part II of chapter 163. Local
3704
government comprehensive plan amendments necessary to initially
3705
adopt the military base reuse plan shall be exempt from the
3706
limitation on the frequency of plan amendments contained in s.
3707
163.3187(2).
3708
(12) Following receipt of a petition, the petitioning party
3709
or parties and the host local government shall seek resolution of
3710
the issues in dispute. The issues in dispute shall be resolved as
3711
follows:
3712
(d) Within 45 days after receiving the report from the
3713
state land planning agency, the Administration Commission shall
3714
take action to resolve the issues in dispute. In deciding upon a
3715
proper resolution, the Administration Commission shall consider
3716
the nature of the issues in dispute, any requests for a formal
3717
administrative hearing pursuant to chapter 120, the compliance of
3718
the parties with this section, the extent of the conflict between
3719
the parties, the comparative hardships and the public interest
3720
involved. If the Administration Commission incorporates in its
3721
final order a term or condition that requires any local
3722
government to amend its local government comprehensive plan, the
3723
local government shall amend its plan within 60 days after the
3724
issuance of the order. Such amendment or amendments shall be
3725
exempt from the limitation of the frequency of plan amendments
3726
contained in s. 163.3187(2), and A public hearing on such
3727
amendment or amendments pursuant to s. 163.3184(15)(b)1. is shall
3728
not be required. The final order of the Administration Commission
3729
is subject to appeal pursuant to s. 120.68. If the order of the
3730
Administration Commission is appealed, the time for the local
3731
government to amend its plan is shall be tolled during the
3732
pendency of any local, state, or federal administrative or
3733
judicial proceeding relating to the military base reuse plan.
3734
Section 17. Paragraph (e) of subsection (15), paragraph (c)
3735
of subsection (19), and paragraph (l) of subsection (24) of
3736
section 380.06, Florida Statutes, is amended, and paragraph (v)
3737
is added to subsection (24) of that section, to read:
3738
380.06 Developments of regional impact.--
3739
(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
3740
(e)1. A local government shall not include, as a
3741
development order condition for a development of regional impact,
3742
any requirement that a developer contribute or pay for land
3743
acquisition or construction or expansion of public facilities or
3744
portions thereof unless the local government has enacted a local
3745
ordinance which requires other development not subject to this
3746
section to contribute its proportionate share of the funds, land,
3747
or public facilities necessary to accommodate any impacts having
3748
a rational nexus to the proposed development, and the need to
3749
construct new facilities or add to the present system of public
3750
facilities must be reasonably attributable to the proposed
3751
development.
3752
2. A local government shall not approve a development of
3753
regional impact that does not make adequate provision for the
3754
public facilities needed to accommodate the impacts of the
3755
proposed development unless the local government includes in the
3756
development order a commitment by the local government to provide
3757
these facilities consistently with the development schedule
3758
approved in the development order; however, a local government's
3759
failure to meet the requirements of subparagraph 1. and this
3760
subparagraph shall not preclude the issuance of a development
3761
order where adequate provision is made by the developer for the
3762
public facilities needed to accommodate the impacts of the
3763
proposed development. Any funds or lands contributed by a
3764
developer must be expressly designated and used to accommodate
3765
impacts reasonably attributable to the proposed development. If a
3766
developer has contributed funds, lands, or other mitigation
3767
required by a development order to address the transportation
3768
impacts of a particular phase or stage of development, all
3769
transportation impacts attributable to that phase or stage of
3770
development shall be deemed fully mitigated in any subsequent
3771
monitoring or transportation analysis for any phase or state of
3772
development.
3773
3. The Department of Community Affairs and other state and
3774
regional agencies involved in the administration and
3775
implementation of this act shall cooperate and work with units of
3776
local government in preparing and adopting local impact fee and
3777
other contribution ordinances.
3778
(19) SUBSTANTIAL DEVIATIONS.--
3779
(c) An extension of the date of buildout of a development,
3780
or any phase thereof, by more than 7 years is presumed to create
3781
a substantial deviation subject to further development-of-
3782
regional-impact review. An extension of the date of buildout, or
3783
any phase thereof, of more than 5 years but not more than 7 years
3784
is presumed not to create a substantial deviation. The extension
3785
of the date of buildout of an areawide development of regional
3786
impact by more than 5 years but less than 10 years is presumed
3787
not to create a substantial deviation. These presumptions may be
3788
rebutted by clear and convincing evidence at the public hearing
3789
held by the local government. An extension of 5 years or less is
3790
not a substantial deviation. For the purpose of calculating when
3791
a buildout or phase date has been exceeded, the time shall be
3792
tolled during the pendency of administrative or judicial
3793
proceedings relating to development permits. Any extension of the
3794
buildout date of a project or a phase thereof shall automatically
3795
extend the commencement date of the project, the termination date
3796
of the development order, the expiration date of the development
3797
of regional impact, and the phases thereof if applicable by a
3798
like period of time. In recognition of the current and 2008 2007
3799
real estate market conditions, all development order, phase,
3800
buildout, commencement, and expiration dates, and all related
3801
local government approvals, for projects that are developments of
3802
regional impact or Florida Quality Developments and under active
3803
construction on July 1, 2007, or for which a development order
3804
was adopted after January 1, 2006, regardless of whether active
3805
construction has commenced are extended for 3 years regardless of
3806
any prior extension. The 3-year extension is not a substantial
3807
deviation, is not subject to further development-of-regional-
3808
impact review, and may not be considered when determining whether
3809
a subsequent extension is a substantial deviation under this
3810
subsection. This extension shall also apply to all local
3811
government approvals including agreements, certificates, and
3812
permits related to the project.
3813
(24) STATUTORY EXEMPTIONS.--
3814
(l) Any proposed development within an urban service
3815
boundary established as part of a local comprehensive plan under
3817
section if the local government having jurisdiction over the area
3818
where the development is proposed has adopted the urban service
3819
boundary, has entered into a binding agreement with jurisdictions
3820
that would be impacted and with the Department of Transportation
3821
regarding the mitigation of impacts on state and regional
3822
transportation facilities, and has adopted a proportionate share
3823
methodology pursuant to s. 163.3180(16).
3824
(v) Any proposed development of up to an additional 150
3825
percent of the office development threshold located within 5
3826
miles of a state-sponsored biotechnical research facility is
3827
exempt from this section.
3828
3829
If a use is exempt from review as a development of regional
3830
impact under paragraphs (a)-(t) and (v), but will be part of a
3831
larger project that is subject to review as a development of
3832
regional impact, the impact of the exempt use must be included in
3833
the review of the larger project.
3834
Section 18. Paragraph (h) of subsection (3) of section
3835
380.0651, Florida Statutes, is amended to read:
3836
380.0651 Statewide guidelines and standards.--
3837
(3) The following statewide guidelines and standards shall
3838
be applied in the manner described in s. 380.06(2) to determine
3839
whether the following developments shall be required to undergo
3840
development-of-regional-impact review:
3841
(h) Multiuse development.--Any proposed development with
3842
two or more land uses where the sum of the percentages of the
3843
appropriate thresholds identified in chapter 28-24, Florida
3844
Administrative Code, or this section for each land use in the
3845
development is equal to or greater than 145 percent. Any proposed
3846
development with three or more land uses, one of which is
3847
residential and contains at least 100 dwelling units or 15
3848
percent of the applicable residential threshold, whichever is
3849
greater, where the sum of the percentages of the appropriate
3850
thresholds identified in chapter 28-24, Florida Administrative
3851
Code, or this section for each land use in the development is
3852
equal to or greater than 160 percent. This threshold is in
3853
addition to, and does not preclude, a development from being
3854
required to undergo development-of-regional-impact review under
3855
any other threshold. This threshold does not apply to
3856
developments within 5 miles of a state-sponsored biotechnical
3857
facility.
3858
Section 19. Paragraph (c) of subsection (18) of section
3859
1002.33, Florida Statutes, is amended to read:
3860
1002.33 Charter schools.--
3861
(18) FACILITIES.--
3862
(c) Any facility, or portion thereof, used to house a
3863
charter school whose charter has been approved by the sponsor and
3864
the governing board, pursuant to subsection (7), is shall be
3865
exempt from ad valorem taxes pursuant to s. 196.1983. Library,
3866
community service, museum, performing arts, theatre, cinema,
3867
church, community college, college, and university facilities may
3868
provide space to charter schools within their facilities if such
3869
use is consistent with the local comprehensive plan under their
3870
preexisting zoning and land use designations.
3871
Section 20. Section 1011.775, Florida Statutes, is created
3872
to read:
3873
1011.775 Disposition of district school board property for
3874
affordable housing.--
3875
(1) On or before July 1, 2009, and every 3 years
3876
thereafter, each district school board shall prepare an inventory
3877
list of all real property within its jurisdiction to which the
3878
district holds fee simple title and which is not included in the
3879
5-year district facilities work plan. The inventory list must
3880
include the address and legal description of each such property
3881
and specify whether the property is vacant or improved. The
3882
district school board must review the inventory list at a public
3883
meeting and determine if any property is surplus property and
3884
appropriate for affordable housing. For real property that is not
3885
included in the 5-year district facilities work plan and that is
3886
not determined appropriate to be surplus property for affordable
3887
housing, the board shall state in the inventory list the public
3888
purpose for which the board intends to use the property. The
3889
board may revise the list at the conclusion of the public
3890
meeting. Following the public meeting, the district school board
3891
shall adopt a resolution that includes the inventory list.
3893
properties identified as appropriate for use as affordable
3894
housing on the inventory list adopted by the district school
3895
board may be offered for sale and the proceeds may be used to
3896
purchase land for the development of affordable housing or to
3897
increase the local government fund earmarked for affordable
3898
housing, sold with a restriction that requires the development of
3899
the property as permanent affordable housing, or donated to a
3900
nonprofit housing organization for the construction of permanent
3901
affordable housing. Alternatively, the district school board may
3902
otherwise make the property available for the production and
3903
preservation of permanent affordable housing. For purposes of
3904
this section, the term "affordable" has the same meaning as in s.
3905
3907
are repealed.
3908
Section 22. Subsections (13) and (15) of section 1013.33,
3909
Florida Statutes, are amended to read:
3910
1013.33 Coordination of planning with local governing
3911
bodies.--
3912
(13) A local governing body may not deny the site applicant
3913
based on adequacy of the site plan as it relates solely to the
3914
needs of the school. If the site is consistent with the
3915
comprehensive plan's land use policies and categories in which
3916
public schools are identified as allowable uses, the local
3917
government may not deny the application but it may impose
3918
reasonable development standards and conditions in accordance
3919
with s. 1013.51(1) and consider the site plan and its adequacy as
3920
it relates to environmental concerns, health, safety and welfare,
3921
and effects on adjacent property. Standards and conditions may
3922
not be imposed which exceed or conflict with those established in
3923
this chapter, any state requirements for educational facilities,
3924
or the Florida Building Code, unless mutually agreed and
3925
consistent with the interlocal agreement required by subsections
3926
(2)-(8) and consistent with maintaining a balanced, financially
3927
feasible school district facilities work plan.
3928
(15) Existing schools shall be considered consistent with
3929
the applicable local government comprehensive plan adopted under
3930
part II of chapter 163. If a board submits an application to
3931
expand an existing school site, the local governing body may
3932
impose reasonable development standards and conditions on the
3933
expansion only, and in a manner consistent with s. 1013.51(1) and
3934
any state requirements for educational facilities. Standards and
3935
conditions may not be imposed which exceed or conflict with those
3936
established in this chapter or the Florida Building Code, unless
3937
mutually agreed upon. Such agreement must be made with the
3938
consideration of maintaining the financial feasibility of the
3939
school district facilities work plan. Local government review or
3940
approval is not required for:
3941
(a) The placement of temporary or portable classroom
3942
facilities; or
3943
(b) Proposed renovation or construction on existing school
3944
sites, with the exception of construction that changes the
3945
primary use of a facility, includes stadiums, or results in a
3946
greater than 5 percent increase in student capacity, or as
3947
mutually agreed upon, pursuant to an interlocal agreement adopted
3948
in accordance with subsections (2)-(8).
3949
Section 23. Subsection (4) is added to section 1013.372,
3950
Florida Statutes, to read:
3951
1013.372 Education facilities as emergency shelters.--
3952
(4) Any charter school satisfying the requirements of s.
3953
163.3180(13)(e)2. shall serve as a public shelter for emergency
3954
management purposes at the request of the local emergency
3955
management agency. This subsection does not apply to a charter
3956
school located in an identified category 1, 2, or 3 evacuation
3957
zone or if the regional planning council region in which the
3958
county where the charter school is located does not have a
3959
hurricane shelter deficit as determined by the Department of
3960
Community Affairs.
3961
Section 24. Paragraph (b) of subsection (2) of section
3962
163.3217, Florida Statutes, is amended to read:
3963
163.3217 Municipal overlay for municipal incorporation.--
3964
(2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
3965
OVERLAY.--
3966
(b)1. A municipal overlay shall be adopted as an amendment
3967
to the local government comprehensive plan as prescribed by s.
3968
3969
2. A county may consider the adoption of a municipal
3970
overlay without regard to the provisions of s. 163.3187(1)
3971
regarding the frequency of adoption of amendments to the local
3972
comprehensive plan.
3973
Section 25. Subsection (4) of section 163.3182, Florida
3974
Statutes, is amended to read:
3975
163.3182 Transportation concurrency backlogs.--
3976
(4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
3977
(a) Each transportation concurrency backlog authority shall
3978
adopt a transportation concurrency backlog plan as a part of the
3979
local government comprehensive plan within 6 months after the
3980
creation of the authority. The plan shall:
3981
(a)1. Identify all transportation facilities that have been
3982
designated as deficient and require the expenditure of moneys to
3983
upgrade, modify, or mitigate the deficiency.
3984
(b)2. Include a priority listing of all transportation
3985
facilities that have been designated as deficient and do not
3986
satisfy concurrency requirements pursuant to s. 163.3180, and the
3987
applicable local government comprehensive plan.
3988
(c)3. Establish a schedule for financing and construction
3989
of transportation concurrency backlog projects that will
3990
eliminate transportation concurrency backlogs within the
3991
jurisdiction of the authority within 10 years after the
3992
transportation concurrency backlog plan adoption. The schedule
3993
shall be adopted as part of the local government comprehensive
3994
plan.
3995
(b) The adoption of the transportation concurrency backlog
3996
plan shall be exempt from the provisions of s. 163.3187(1).
3997
Section 26. Subsection (11) of section 171.203, Florida
3998
Statutes, is amended to read:
3999
171.203 Interlocal service boundary agreement.--The
4000
governing body of a county and one or more municipalities or
4001
independent special districts within the county may enter into an
4002
interlocal service boundary agreement under this part. The
4003
governing bodies of a county, a municipality, or an independent
4004
special district may develop a process for reaching an interlocal
4005
service boundary agreement which provides for public
4006
participation in a manner that meets or exceeds the requirements
4007
of subsection (13), or the governing bodies may use the process
4008
established in this section.
4009
(11)(a) A municipality that is a party to an interlocal
4010
service boundary agreement that identifies an unincorporated area
4011
for municipal annexation under s. 171.202(11)(a) shall adopt a
4012
municipal service area as an amendment to its comprehensive plan
4013
to address future possible municipal annexation. The state land
4014
planning agency shall review the amendment for compliance with
4015
part II of chapter 163. The proposed plan amendment must contain:
4016
1. A boundary map of the municipal service area.
4017
2. Population projections for the area.
4018
3. Data and analysis supporting the provision of public
4019
facilities for the area.
4020
(b) This part does not authorize the state land planning
4021
agency to review, evaluate, determine, approve, or disapprove a
4022
municipal ordinance relating to municipal annexation or
4023
contraction.
4024
(c) Any amendment required by paragraph (a) is exempt from
4025
the twice-per-year limitation under s. 163.3187.
4026
Section 27. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.