Amendment
Bill No. CS/HB 7129

Amendment No. 686993

CHAMBER ACTION
Senate		House
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1	Representative Cannon offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Section 125.379, Florida Statutes, is amended
7	to read:
8	125.379  Disposition of county property for affordable
9	housing.--
10	(1)  By July 1, 2007, and every 3 years thereafter, each
11	county shall prepare an inventory list of all real property
12	within its jurisdiction to which the county holds fee simple
13	title that is appropriate for use as affordable housing. The
14	inventory list must include the address and legal description of
15	each such real property and specify whether the property is
16	vacant or improved. The governing body of the county must review
17	the inventory list at a public hearing and may revise it at the
18	conclusion of the public hearing. The governing body of the
19	county shall adopt a resolution that includes an inventory list
20	of the such property following the public hearing.
21	(2)  The properties identified as appropriate for use as
22	affordable housing on the inventory list adopted by the county
23	may be offered for sale and the proceeds used to purchase land
24	for the development of affordable housing or to increase the
25	local government fund earmarked for affordable housing, or may
26	be sold with a restriction that requires the development of the
27	property as permanent affordable housing, or may be donated to a
28	nonprofit housing organization for the construction of permanent
29	affordable housing. Alternatively, the county may otherwise make
30	the property available for use for the production and
31	preservation of permanent affordable housing. For purposes of
32	this section, the term "affordable" has the same meaning as in
33	s. 420.0004(3).
34	(3)  As a precondition to receiving any state affordable
35	housing funding or allocation for any project or program within
36	a county's jurisdiction, a county must, by July 1 of each year,
37	provide certification that the inventory and any update required
38	by this section are complete.
39	Section 2.  Subsection (12) of section 163.3167, Florida
40	Statutes, is amended to read:
41	163.3167  Scope of act.--
42	(12)  An initiative or referendum process in regard to any
43	of the following is prohibited:
44	(a)  Any development order; or
45	(b)  in regard to Any local comprehensive plan amendment or
46	map amendment that affects five or fewer parcels of land is
47	prohibited.
48	Section 3.  Paragraph (b) of subsection (3),  paragraphs
49	(a), (c), (f), (g), and (h) of subsection (6), and subsections
50	(13) and (14) of section 163.3177, Florida Statutes, are amended
51	to read:
52	163.3177  Required and optional elements of comprehensive
53	plan; studies and surveys.--
54	(3)
55	(b)1.  The capital improvements element must be reviewed on
56	an annual basis and modified as necessary in accordance with s.
57	163.3187 or s. 163.3189 in order to maintain a financially
58	feasible 5-year schedule of capital improvements. Corrections
59	and modifications concerning costs; revenue sources; or
60	acceptance of facilities pursuant to dedications which are
61	consistent with the plan may be accomplished by ordinance and
62	shall not be deemed to be amendments to the local comprehensive
63	plan. A copy of the ordinance shall be transmitted to the state
64	land planning agency. An amendment to the comprehensive plan is
65	required to update the schedule on an annual basis or to
66	eliminate, defer, or delay the construction for any facility
67	listed in the 5-year schedule. All public facilities must be
68	consistent with the capital improvements element. Amendments to
69	implement this section must be adopted and transmitted no later
70	than December 1, 2009 2008. Thereafter, a local government may
71	not amend its future land use map, except for plan amendments to
72	meet new requirements under this part and emergency amendments
73	pursuant to s. 163.3187(1)(b) 163.3187(1)(a), after December 1,
74	2009 2008, and every year thereafter, unless and until the local
75	government has adopted the annual update and it has been
76	transmitted to the state land planning agency.
77	2.  Capital improvements element amendments adopted after
78	the effective date of this act shall require only a single
79	public hearing before the governing board which shall be an
80	adoption hearing as described in s. 163.3184(7). Such amendments
81	are not subject to the requirements of s. 163.3184(3)-(6).
82	(6)  In addition to the requirements of subsections (1)-(5)
83	and (12), the comprehensive plan shall include the following
84	elements:
85	(a)  A future land use plan element designating proposed
86	future general distribution, location, and extent of the uses of
87	land for residential uses, commercial uses, industry,
88	agriculture, recreation, conservation, education, public
89	buildings and grounds, other public facilities, and other
90	categories of the public and private uses of land. Counties are
91	encouraged to designate rural land stewardship areas, pursuant
92	to the provisions of paragraph (11)(d), as overlays on the
93	future land use map.
94	1.  Each future land use category must be defined in terms
95	of uses included, and must include standards to be followed in
96	the control and distribution of population densities and
97	building and structure intensities. The proposed distribution,
98	location, and extent of the various categories of land use shall
99	be shown on a land use map or map series which shall be
100	supplemented by goals, policies, and measurable objectives.
101	2.  The future land use plan shall be based upon surveys,
102	studies, and data regarding the area, including the amount of
103	land required to accommodate anticipated growth; the projected
104	population of the area; the character of undeveloped land; the
105	availability of water supplies, public facilities, and services;
106	the need for redevelopment, including the renewal of blighted
107	areas and the elimination of nonconforming uses which are
108	inconsistent with the character of the community; the
109	compatibility of uses on lands adjacent to or closely proximate
110	to military installations; the discouragement of urban sprawl;
111	energy-efficient land use patterns that reduce vehicle miles
112	traveled; and, in rural communities, the need for job creation,
113	capital investment, and economic development that will
114	strengthen and diversify the community's economy.
115	3.  The future land use plan may designate areas for future
116	planned development use involving combinations of types of uses
117	for which special regulations may be necessary to ensure
118	development in accord with the principles and standards of the
119	comprehensive plan and this act.
120	4.  The future land use plan element shall include criteria
121	to be used to achieve the compatibility of adjacent or closely
122	proximate lands with military installations.
123	5.  In addition, For rural communities, the amount of land
124	designated for future planned industrial use shall be based upon
125	the need to mitigate conditions described in s. 288.0656(2)(c)
126	and shall surveys and studies that reflect the need for job
127	creation, capital investment, and the necessity to strengthen
128	and diversify the local economies, and shall not be limited
129	solely by the projected population of the rural community.
130	6.  The future land use plan of a county may also designate
131	areas for possible future municipal incorporation.
132	7.  The land use maps or map series shall generally
133	identify and depict historic district boundaries and shall
134	designate historically significant properties meriting
135	protection.
136	8.  For coastal counties, the future land use element must
137	include, without limitation, regulatory incentives and criteria
138	that encourage the preservation of recreational and commercial
139	working waterfronts as defined in s. 342.07.
140	9.  The future land use element must clearly identify the
141	land use categories in which public schools are an allowable
142	use. When delineating such the land use categories in which
143	public schools are an allowable use, a local government shall
144	include in the categories sufficient land proximate to
145	residential development to meet the projected needs for schools
146	in coordination with public school boards and may establish
147	differing criteria for schools of different type or size. Each
148	local government shall include lands contiguous to existing
149	school sites, to the maximum extent possible, within the land
150	use categories in which public schools are an allowable use. The
151	failure by a local government to comply with these school siting
152	requirements will result in the prohibition of The local
153	government may not government's ability to amend the local
154	comprehensive plan, except for plan amendments described in s.
155	163.3187(1)(b), until the school siting requirements are met.
156	Amendments proposed by a local government for purposes of
157	identifying the land use categories in which public schools are
158	an allowable use are exempt from the limitation on the frequency
159	of plan amendments contained in s. 163.3187. The future land use
160	element shall include criteria that encourage the location of
161	schools proximate to urban residential areas to the extent
162	possible and shall require that the local government seek to
163	collocate public facilities, such as parks, libraries, and
164	community centers, with schools to the extent possible and to
165	encourage the use of elementary schools as focal points for
166	neighborhoods. For schools serving predominantly rural counties,
167	defined as a county having with a population of 100,000 or
168	fewer, an agricultural land use category shall be eligible for
169	the location of public school facilities if the local
170	comprehensive plan contains school siting criteria and the
171	location is consistent with such criteria. Local governments
172	required to update or amend their comprehensive plan to include
173	criteria and address compatibility of adjacent or closely
174	proximate lands with existing military installations in their
175	future land use plan element shall transmit the update or
176	amendment to the department by June 30, 2006.
177	(c)  A general sanitary sewer, solid waste, drainage,
178	potable water, and natural groundwater aquifer recharge element
179	correlated to principles and guidelines for future land use,
180	indicating ways to provide for future potable water, drainage,
181	sanitary sewer, solid waste, and aquifer recharge protection
182	requirements for the area. The element may be a detailed
183	engineering plan including a topographic map depicting areas of
184	prime groundwater recharge. The element shall describe the
185	problems and needs and the general facilities that will be
186	required for solution of the problems and needs. The element
187	shall also include a topographic map depicting any areas adopted
188	by a regional water management district as prime groundwater
189	recharge areas for the Floridan or Biscayne aquifers. These
190	areas shall be given special consideration when the local
191	government is engaged in zoning or considering future land use
192	for said designated areas. For areas served by septic tanks,
193	soil surveys shall be provided which indicate the suitability of
194	soils for septic tanks. Within 18 months after the governing
195	board approves an updated regional water supply plan, the
196	element must incorporate the alternative water supply project or
197	projects selected by the local government from those identified
198	in the regional water supply plan pursuant to s. 373.0361(2)(a)
199	or proposed by the local government under s. 373.0361(7)(b). If
200	a local government is located within two water management
201	districts, the local government shall adopt its comprehensive
202	plan amendment within 18 months after the later updated regional
203	water supply plan. The element must identify such alternative
204	water supply projects and traditional water supply projects and
205	conservation and reuse necessary to meet the water needs
206	identified in s. 373.0361(2)(a) within the local government's
207	jurisdiction and include a work plan, covering at least a 10
208	year planning period, for building public, private, and regional
209	water supply facilities, including development of alternative
210	water supplies, which are identified in the element as necessary
211	to serve existing and new development. The work plan shall be
212	updated, at a minimum, every 5 years within 18 months after the
213	governing board of a water management district approves an
214	updated regional water supply plan. Amendments to incorporate
215	the work plan do not count toward the limitation on the
216	frequency of adoption of amendments to the comprehensive plan.
217	Local governments, public and private utilities, regional water
218	supply authorities, special districts, and water management
219	districts are encouraged to cooperatively plan for the
220	development of multijurisdictional water supply facilities that
221	are sufficient to meet projected demands for established
222	planning periods, including the development of alternative water
223	sources to supplement traditional sources of groundwater and
224	surface water supplies.
225	(f)1.  A housing element consisting of standards, plans,
226	and principles to be followed in:
227	a.  The provision of housing for all current and
228	anticipated future residents of the jurisdiction.
229	b.  The elimination of substandard dwelling conditions.
230	c.  The structural and aesthetic improvement of existing
231	housing.
232	d.  The provision of adequate sites for future housing,
233	including affordable workforce housing as defined in s.
234	380.0651(3)(j), housing for low-income, very low-income, and
235	moderate-income families, mobile homes, senior affordable
236	housing, and group home facilities and foster care facilities,
237	with supporting infrastructure and public facilities. This
238	includes compliance with the applicable public lands provision
239	under s. 125.379 or s. 166.0451.
240	e.  Provision for relocation housing and identification of
241	historically significant and other housing for purposes of
242	conservation, rehabilitation, or replacement.
243	f.  The formulation of housing implementation programs.
244	g.  The creation or preservation of affordable housing to
245	minimize the need for additional local services and avoid the
246	concentration of affordable housing units only in specific areas
247	of the jurisdiction.
248	(I)h.  By July 1, 2008, each county in which the gap
249	between the buying power of a family of four and the median
250	county home sale price exceeds $170,000, as determined by the
251	Florida Housing Finance Corporation, and which is not designated
252	as an area of critical state concern shall adopt a plan for
253	ensuring affordable workforce housing. At a minimum, the plan
254	shall identify adequate sites for such housing. For purposes of
255	this sub-subparagraph, the term "workforce housing" means
256	housing that is affordable to natural persons or families whose
257	total household income does not exceed 140 percent of the area
258	median income, adjusted for household size.
259	(II)i.  As a precondition to receiving any state affordable
260	housing funding or allocation for any project or program within
261	the jurisdiction of a county that is subject to sub-sub-
262	subparagraph (I), a county must, by July 1 of each year, provide
263	certification that the county has complied with the requirements
264	of sub-sub-subparagraph (I). Failure by a local government to
265	comply with the requirement in sub-subparagraph h. will result
266	in the local government being ineligible to receive any state
267	housing assistance grants until the requirement of sub-
268	subparagraph h. is met.
269	2.  The goals, objectives, and policies of the housing
270	element must be based on the data and analysis prepared on
271	housing needs, including the affordable housing needs
272	assessment. State and federal housing plans prepared on behalf
273	of the local government must be consistent with the goals,
274	objectives, and policies of the housing element. Local
275	governments are encouraged to use utilize job training, job
276	creation, and economic solutions to address a portion of their
277	affordable housing concerns.
278	3.2.  To assist local governments in housing data
279	collection and analysis and assure uniform and consistent
280	information regarding the state's housing needs, the state land
281	planning agency shall conduct an affordable housing needs
282	assessment for all local jurisdictions on a schedule that
283	coordinates the implementation of the needs assessment with the
284	evaluation and appraisal reports required by s. 163.3191. Each
285	local government shall use utilize the data and analysis from
286	the needs assessment as one basis for the housing element of its
287	local comprehensive plan. The agency shall allow a local
288	government the option to perform its own needs assessment, if it
289	uses the methodology established by the agency by rule.
290	(g)1.  For those units of local government identified in s.
291	380.24, a coastal management element, appropriately related to
292	the particular requirements of paragraphs (d) and (e) and
293	meeting the requirements of s. 163.3178(2) and (3). The coastal
294	management element shall set forth the policies that shall guide
295	the local government's decisions and program implementation with
296	respect to the following objectives:
297	a.  Maintenance, restoration, and enhancement of the
298	overall quality of the coastal zone environment, including, but
299	not limited to, its amenities and aesthetic values.
300	b.  Continued existence of viable populations of all
301	species of wildlife and marine life.
302	c.  The orderly and balanced utilization and preservation,
303	consistent with sound conservation principles, of all living and
304	nonliving coastal zone resources.
305	d.  Avoidance of irreversible and irretrievable loss of
306	coastal zone resources.
307	e.  Ecological planning principles and assumptions to be
308	used in the determination of suitability and extent of permitted
309	development.
310	f.  Proposed management and regulatory techniques.
311	g.  Limitation of public expenditures that subsidize
312	development in high-hazard coastal areas.
313	h.  Protection of human life against the effects of natural
314	disasters.
315	i.  The orderly development, maintenance, and use of ports
316	identified in s. 403.021(9) to facilitate deepwater commercial
317	navigation and other related activities.
318	j.  Preservation, including sensitive adaptive use of
319	historic and archaeological resources.
320	2.  As part of this element, a local government that has a
321	coastal management element in its comprehensive plan is
322	encouraged to adopt recreational surface water use policies that
323	include applicable criteria for and consider such factors as
324	natural resources, manatee protection needs, protection of
325	working waterfronts and public access to the water, and
326	recreation and economic demands. Criteria for manatee protection
327	in the recreational surface water use policies should reflect
328	applicable guidance outlined in the Boat Facility Siting Guide
329	prepared by the Fish and Wildlife Conservation Commission. If
330	the local government elects to adopt recreational surface water
331	use policies by comprehensive plan amendment, such comprehensive
332	plan amendment is exempt from the provisions of s. 163.3187(1).
333	Local governments that wish to adopt recreational surface water
334	use policies may be eligible for assistance with the development
335	of such policies through the Florida Coastal Management Program.
336	The Office of Program Policy Analysis and Government
337	Accountability shall submit a report on the adoption of
338	recreational surface water use policies under this subparagraph
339	to the President of the Senate, the Speaker of the House of
340	Representatives, and the majority and minority leaders of the
341	Senate and the House of Representatives no later than December
342	1, 2010.
343	(h)1.  An intergovernmental coordination element showing
344	relationships and stating principles and guidelines to be used
345	in the accomplishment of coordination of the adopted
346	comprehensive plan with the plans of school boards, regional
347	water supply authorities, and other units of local government
348	providing services but not having regulatory authority over the
349	use of land, with the comprehensive plans of adjacent
350	municipalities, the county, adjacent counties, or the region,
351	with the state comprehensive plan and with the applicable
352	regional water supply plan approved pursuant to s. 373.0361, as
353	the case may require and as such adopted plans or plans in
354	preparation may exist. This element of the local comprehensive
355	plan shall demonstrate consideration of the particular effects
356	of the local plan, when adopted, upon the development of
357	adjacent municipalities, the county, adjacent counties, or the
358	region, or upon the state comprehensive plan, as the case may
359	require.
360	a.  The intergovernmental coordination element shall
361	provide for procedures to identify and implement joint planning
362	areas, especially for the purpose of annexation, municipal
363	incorporation, and joint infrastructure service areas.
364	b.  The intergovernmental coordination element shall
365	provide for recognition of campus master plans prepared pursuant
366	to s. 1013.30.
367	c.  The intergovernmental coordination element may provide
368	for a voluntary dispute resolution process as established
369	pursuant to s. 186.509 for bringing to closure in a timely
370	manner intergovernmental disputes. A local government may
371	develop and use an alternative local dispute resolution process
372	for this purpose.
373	2.  The intergovernmental coordination element shall
374	further state principles and guidelines to be used in the
375	accomplishment of coordination of the adopted comprehensive plan
376	with the plans of school boards and other units of local
377	government providing facilities and services but not having
378	regulatory authority over the use of land. In addition, the
379	intergovernmental coordination element shall describe joint
380	processes for collaborative planning and decisionmaking on
381	population projections and public school siting, the location
382	and extension of public facilities subject to concurrency, and
383	siting facilities with countywide significance, including
384	locally unwanted land uses whose nature and identity are
385	established in an agreement. Within 1 year of adopting their
386	intergovernmental coordination elements, each county, all the
387	municipalities within that county, the district school board,
388	and any unit of local government service providers in that
389	county shall establish by interlocal or other formal agreement
390	executed by all affected entities, the joint processes described
391	in this subparagraph consistent with their adopted
392	intergovernmental coordination elements.
393	3.  To foster coordination between special districts and
394	local general-purpose governments as local general-purpose
395	governments implement local comprehensive plans, each
396	independent special district must submit a public facilities
397	report to the appropriate local government as required by s.
398	189.415.
399	4.a.  Local governments must execute an interlocal
400	agreement with the district school board, the county, and
401	nonexempt municipalities pursuant to s. 163.31777. The local
402	government shall amend the intergovernmental coordination
403	element to provide that coordination between the local
404	government and school board is pursuant to the agreement and
405	shall state the obligations of the local government under the
406	agreement.
407	b.  Plan amendments that comply with this subparagraph are
408	exempt from the provisions of s. 163.3187(1).
409	5.  The state land planning agency shall establish a
410	schedule for phased completion and transmittal of plan
411	amendments to implement subparagraphs 1., 2., and 3. from all
412	jurisdictions so as to accomplish their adoption by December 31,
413	1999. A local government may complete and transmit its plan
414	amendments to carry out these provisions prior to the scheduled
415	date established by the state land planning agency. The plan
416	amendments are exempt from the provisions of s. 163.3187(1).
417	6.  By January 1, 2004, any county having a population
418	greater than 100,000, and the municipalities and special
419	districts within that county, shall submit a report to the
420	Department of Community Affairs which:
421	a.  Identifies all existing or proposed interlocal service
422	delivery agreements regarding the following: education; sanitary
423	sewer; public safety; solid waste; drainage; potable water;
424	parks and recreation; and transportation facilities.
425	b.  Identifies any deficits or duplication in the provision
426	of services within its jurisdiction, whether capital or
427	operational. Upon request, the Department of Community Affairs
428	shall provide technical assistance to the local governments in
429	identifying deficits or duplication.
430	7.  Within 6 months after submission of the report, the
431	Department of Community Affairs shall, through the appropriate
432	regional planning council, coordinate a meeting of all local
433	governments within the regional planning area to discuss the
434	reports and potential strategies to remedy any identified
435	deficiencies or duplications.
436	8.  Each local government shall update its
437	intergovernmental coordination element based upon the findings
438	in the report submitted pursuant to subparagraph 6. The report
439	may be used as supporting data and analysis for the
440	intergovernmental coordination element.
441	(13)  Local governments are encouraged to develop a
442	community vision that provides for sustainable growth,
443	recognizes its fiscal constraints, and protects its natural
444	resources. At the request of a local government, the applicable
445	regional planning council shall provide assistance in the
446	development of a community vision.
447	(a)  As part of the process of developing a community
448	vision under this section, the local government must hold two
449	public meetings with at least one of those meetings before the
450	local planning agency. Before those public meetings, the local
451	government must hold at least one public workshop with
452	stakeholder groups such as neighborhood associations, community
453	organizations, businesses, private property owners, housing and
454	development interests, and environmental organizations.
455	(b)  The local government must, at a minimum, discuss five
456	of the following topics as part of the workshops and public
457	meetings required under paragraph (a):
458	1.  Future growth in the area using population forecasts
459	from the Bureau of Economic and Business Research;
460	2.  Priorities for economic development;
461	3.  Preservation of open space, environmentally sensitive
462	lands, and agricultural lands;
463	4.  Appropriate areas and standards for mixed-use
464	development;
465	5.  Appropriate areas and standards for high-density
466	commercial and residential development;
467	6.  Appropriate areas and standards for economic
468	development opportunities and employment centers;
469	7.  Provisions for adequate workforce housing;
470	8.  An efficient, interconnected multimodal transportation
471	system; and
472	9.  Opportunities to create land use patterns that
473	accommodate the issues listed in subparagraphs 1.-8.
474	(c)  As part of the workshops and public meetings, the
475	local government must discuss strategies for addressing the
476	topics discussed under paragraph (b), including:
477	1.  Strategies to preserve open space and environmentally
478	sensitive lands, and to encourage a healthy agricultural
479	economy, including innovative planning and development
480	strategies, such as the transfer of development rights;
481	2.  Incentives for mixed-use development, including
482	increased height and intensity standards for buildings that
483	provide residential use in combination with office or commercial
484	space;
485	3.  Incentives for workforce housing;
486	4.  Designation of an urban service boundary pursuant to
487	subsection (2); and
488	5.  Strategies to provide mobility within the community and
489	to protect the Strategic Intermodal System, including the
490	development of a transportation corridor management plan under
491	s. 337.273.
492	(d)  The community vision must reflect the community's
493	shared concept for growth and development of the community,
494	including visual representations depicting the desired land use
495	patterns and character of the community during a 10-year
496	planning timeframe. The community vision must also take into
497	consideration economic viability of the vision and private
498	property interests.
499	(e)  After the workshops and public meetings required under
500	paragraph (a) are held, the local government may amend its
501	comprehensive plan to include the community vision as a
502	component in the plan. This plan amendment must be transmitted
503	and adopted pursuant to the procedures in ss. 163.3184 and
504	163.3189 at public hearings of the governing body other than
505	those identified in paragraph (a).
506	(f)  Amendments submitted under this subsection are exempt
507	from the limitation on the frequency of plan amendments in s.
508	163.3187.
509	(g)  A local government that has developed a community
510	vision or completed a visioning process after July 1, 2000, and
511	before July 1, 2005, which substantially accomplishes the goals
512	set forth in this subsection and the appropriate goals,
513	policies, or objectives have been adopted as part of the
514	comprehensive plan or reflected in subsequently adopted land
515	development regulations and the plan amendment incorporating the
516	community vision as a component has been found in compliance is
517	eligible for the incentives in s. 163.3184(17).
518	(14)  Local governments are also encouraged to designate an
519	urban service boundary. This area must be appropriate for
520	compact, contiguous urban development within a 10-year planning
521	timeframe. The urban service area boundary must be identified on
522	the future land use map or map series. The local government
523	shall demonstrate that the land included within the urban
524	service boundary is served or is planned to be served with
525	adequate public facilities and services based on the local
526	government's adopted level-of-service standards by adopting a
527	10-year facilities plan in the capital improvements element
528	which is financially feasible. The local government shall
529	demonstrate that the amount of land within the urban service
530	boundary does not exceed the amount of land needed to
531	accommodate the projected population growth at densities
532	consistent with the adopted comprehensive plan within the 10-
533	year planning timeframe.
534	(a)  As part of the process of establishing an urban
535	service boundary, the local government must hold two public
536	meetings with at least one of those meetings before the local
537	planning agency. Before those public meetings, the local
538	government must hold at least one public workshop with
539	stakeholder groups such as neighborhood associations, community
540	organizations, businesses, private property owners, housing and
541	development interests, and environmental organizations.
542	(b)1.  After the workshops and public meetings required
543	under paragraph (a) are held, the local government may amend its
544	comprehensive plan to include the urban service boundary. This
545	plan amendment must be transmitted and adopted pursuant to the
546	procedures in ss. 163.3184 and 163.3189 at meetings of the
547	governing body other than those required under paragraph (a).
548	2.  This subsection does not prohibit new development
549	outside an urban service boundary. However, a local government
550	that establishes an urban service boundary under this subsection
551	is encouraged to require a full-cost-accounting analysis for any
552	new development outside the boundary and to consider the results
553	of that analysis when adopting a plan amendment for property
554	outside the established urban service boundary.
555	(c)  Amendments submitted under this subsection are exempt
556	from the limitation on the frequency of plan amendments in s.
557	163.3187.
558	(d)  A local government that has adopted an urban service
559	boundary before July 1, 2005, which substantially accomplishes
560	the goals set forth in this subsection is not required to comply
561	with paragraph (a) or subparagraph 1. of paragraph (b) in order
562	to be eligible for the incentives under s. 163.3184(17). In
563	order to satisfy the provisions of this paragraph, the local
564	government must secure a determination from the state land
565	planning agency that the urban service boundary adopted before
566	July 1, 2005, substantially complies with the criteria of this
567	subsection, based on data and analysis submitted by the local
568	government to support this determination. The determination by
569	the state land planning agency is not subject to administrative
570	challenge.
571	Section 4.  Subsections (3), (4), (5), and (6) of section
572	163.31771, Florida Statutes, are amended to read:
573	163.31771  Accessory dwelling units.--
574	(3)  Upon a finding by a local government that there is a
575	shortage of affordable rentals within its jurisdiction, the
576	local government may amend its comprehensive plan adopt an
577	ordinance to allow accessory dwelling units in any area zoned
578	for single-family residential use.
579	(4)  If the local government amends its comprehensive plan
580	pursuant to adopts an ordinance under this section, an
581	application for a building permit to construct an accessory
582	dwelling unit must include an affidavit from the applicant which
583	attests that the unit will be rented at an affordable rate to an
584	extremely-low-income, very-low-income, low-income, or moderate-
585	income person or persons.
586	(5)  Each accessory dwelling unit allowed by the
587	comprehensive plan an ordinance adopted under this section shall
588	apply toward satisfying the affordable housing component of the
589	housing element in the local government's comprehensive plan
590	under s. 163.3177(6)(f). If such unit is subject to a recorded
591	land use restriction agreement restricting its use to affordable
592	housing, the unit may not be treated as a new unit for purposes
593	of transportation concurrency or impact fees. Accessory dwelling
594	units may not be located on land within a coastal high-hazard
595	area, an area of critical state concern, or on lands identified
596	as environmentally sensitive in the local comprehensive plan.
597	(6)  The Department of Community Affairs shall evaluate the
598	effectiveness of using accessory dwelling units to address a
599	local government's shortage of affordable housing and report to
600	the Legislature by January 1, 2007. The report must specify the
601	number of ordinances adopted by a local government under this
602	section and the number of accessory dwelling units that were
603	created under these ordinances.
604	Section 5.  Section 163.3180, Florida Statutes, is amended
605	to read:
606	163.3180  Concurrency.--
607	(1)  APPLICABILITY OF CONCURRENCY REQUIREMENT.--
608	(a)  Public facility types.--Sanitary sewer, solid waste,
609	drainage, potable water, parks and recreation, schools, and
610	transportation facilities, including mass transit, where
611	applicable, are the only public facilities and services subject
612	to the concurrency requirement on a statewide basis. Additional
613	public facilities and services may not be made subject to
614	concurrency on a statewide basis without appropriate study and
615	approval by the Legislature; however, any local government may
616	extend the concurrency requirement so that it applies to apply
617	to additional public facilities within its jurisdiction.
618	(b)  Transportation methodologies.--Local governments shall
619	use professionally accepted techniques for measuring level of
620	service for automobiles, bicycles, pedestrians, transit, and
621	trucks. These techniques may be used to evaluate increased
622	accessibility by multiple modes and reductions in vehicle miles
623	of travel in an area or zone. The state land planning agency and
624	the Department of Transportation shall develop methodologies to
625	assist local governments in implementing this multimodal level-
626	of-service analysis and. The Department of Community Affairs and
627	the Department of Transportation shall provide technical
628	assistance to local governments in applying the these
629	methodologies.
630	(2)  PUBLIC FACILITY AVAILABILITY STANDARDS.--
631	(a)  Sanitary sewer, solid waste, drainage, adequate water
632	supply, and potable water facilities.--Consistent with public
633	health and safety, sanitary sewer, solid waste, drainage,
634	adequate water supplies, and potable water facilities shall be
635	in place and available to serve new development no later than
636	the issuance by the local government of a certificate of
637	occupancy or its functional equivalent. Prior to approval of a
638	building permit or its functional equivalent, the local
639	government shall consult with the applicable water supplier to
640	determine whether adequate water supplies to serve the new
641	development will be available by no later than the anticipated
642	date of issuance by the local government of the a certificate of
643	occupancy or its functional equivalent. A local government may
644	meet the concurrency requirement for sanitary sewer through the
645	use of onsite sewage treatment and disposal systems approved by
646	the Department of Health to serve new development.
647	(b)  Parks and recreation facilities.--Consistent with the
648	public welfare, and except as otherwise provided in this
649	section, parks and recreation facilities to serve new
650	development shall be in place or under actual construction
651	within no later than 1 year after issuance by the local
652	government of a certificate of occupancy or its functional
653	equivalent. However, the acreage for such facilities must shall
654	be dedicated or be acquired by the local government prior to
655	issuance by the local government of the a certificate of
656	occupancy or its functional equivalent, or funds in the amount
657	of the developer's fair share shall be committed no later than
658	the local government's approval to commence construction.
659	(c)  Transportation facilities.--Consistent with the public
660	welfare, and except as otherwise provided in this section,
661	transportation facilities needed to serve new development must
662	shall be in place or under actual construction within 3 years
663	after the local government approves a building permit or its
664	functional equivalent that results in traffic generation.
665	(3)  ESTABLISHING LEVEL-OF-SERVICE STANDARDS.--Governmental
666	entities that are not responsible for providing, financing,
667	operating, or regulating public facilities needed to serve
668	development may not establish binding level-of-service standards
669	on governmental entities that do bear those responsibilities.
670	This subsection does not limit the authority of any agency to
671	recommend or make objections, recommendations, comments, or
672	determinations during reviews conducted under s. 163.3184.
673	(4)  APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.--
674	(a)  State and other public facilities.--The concurrency
675	requirement as implemented in local comprehensive plans applies
676	to state and other public facilities and development to the same
677	extent that it applies to all other facilities and development,
678	as provided by law.
679	(b)  Public transit facilities.--The concurrency
680	requirement as implemented in local comprehensive plans does not
681	apply to public transit facilities. For the purposes of this
682	paragraph, public transit facilities include transit stations
683	and terminals; transit station parking; park-and-ride lots;
684	intermodal public transit connection or transfer facilities;
685	fixed bus, guideway, and rail stations; and airport passenger
686	terminals and concourses, air cargo facilities, and hangars for
687	the maintenance or storage of aircraft. As used in this
688	paragraph, the terms "terminals" and "transit facilities" do not
689	include seaports or commercial or residential development
690	constructed in conjunction with a public transit facility.
691	(c)  Infill and redevelopment areas.--The concurrency
692	requirement, except as it relates to transportation facilities
693	and public schools, as implemented in local government
694	comprehensive plans, may be waived by a local government for
695	urban infill and redevelopment areas designated pursuant to s.
696	163.2517 if such a waiver does not endanger public health or
697	safety as defined by the local government in its local
698	government comprehensive plan. The waiver must shall be adopted
699	as a plan amendment using pursuant to the process set forth in
700	s. 163.3187(3)(a). A local government may grant a concurrency
701	exception pursuant to subsection (5) for transportation
702	facilities located within these urban infill and redevelopment
703	areas.
704	(5)  COUNTERVAILING PLANNING AND PUBLIC POLICY GOALS.--
705	(a)  Legislative findings.--The Legislature finds that
706	under limited circumstances dealing with transportation
707	facilities, countervailing planning and public policy goals may
708	come into conflict with the requirement that adequate public
709	transportation facilities and services be available concurrent
710	with the impacts of such development. The Legislature further
711	finds that often the unintended result of the concurrency
712	requirement for transportation facilities is often the
713	discouragement of urban infill development and redevelopment.
714	Such unintended results directly conflict with the goals and
715	policies of the state comprehensive plan and the intent of this
716	part. The Legislature finds that in urban centers transportation
717	cannot be effectively managed and mobility cannot be improved
718	solely through expansion of roadway capacity, that in many urban
719	areas the expansion of roadway capacity is not always physically
720	or financially possible, and that a range of transportation
721	alternatives are essential to satisfy mobility needs, reduce
722	congestion, and achieve healthy, vibrant centers. Therefore,
723	exceptions from the concurrency requirement for transportation
724	facilities may be granted as provided by this subsection.
725	(b)  Geographic applicability of transportation concurrency
726	exception areas.--
727	1.  Transportation concurrency exception areas are
728	established for those geographic areas identified in the
729	comprehensive plan for urban infill development, urban
730	redevelopment, downtown revitalization, or urban infill and
731	redevelopment under s. 163.2517.
732	2.  A local government may grant an exception from the
733	concurrency requirement for transportation facilities if the
734	proposed development is otherwise consistent with the adopted
735	local government comprehensive plan and is a project that
736	promotes public transportation or is located within an area
737	designated in the comprehensive plan as for:
738	1.  Urban infill development;
739	2.  Urban redevelopment;
740	3.  Downtown revitalization;
741	4.  Urban infill and redevelopment under s. 163.2517; or
742	5.  an urban service area specifically designated as a
743	transportation concurrency exception area which includes lands
744	appropriate for compact, contiguous urban development, which
745	does not exceed the amount of land needed to accommodate the
746	projected population growth at densities consistent with the
747	adopted comprehensive plan within the 10-year planning period,
748	and which is served or is planned to be served with public
749	facilities and services as provided by the capital improvements
750	element.
751	(c)  Projects with special part-time demands.--The
752	Legislature also finds that developments located within urban
753	infill, urban redevelopment, existing urban service, or downtown
754	revitalization areas or areas designated as urban infill and
755	redevelopment areas under s. 163.2517 which pose only special
756	part-time demands on the transportation system should be
757	excepted from the concurrency requirement for transportation
758	facilities. A special part-time demand is one that does not have
759	more than 200 scheduled events during any calendar year and does
760	not affect the 100 highest traffic volume hours.
761	(d)  Establishment of concurrency exception areas.--For
762	transportation concurrency exception areas adopted pursuant to
763	subparagraph (b)2., the following requirements apply:
764	1.  A local government shall establish guidelines in the
765	comprehensive plan for granting the transportation concurrency
766	exceptions that authorized in paragraphs (b) and (c) and
767	subsections (7) and (15) which must be consistent with and
768	support a comprehensive strategy adopted in the plan to promote
769	and facilitate development consistent with the planning and
770	public policy goals upon which the establishment of the
771	concurrency exception areas was predicated the purpose of the
772	exceptions.
773	2.(e)  The local government shall adopt into the plan and
774	implement long-term strategies to support and fund mobility
775	within the designated exception area, including alternative
776	modes of transportation. The plan amendment must also
777	demonstrate how strategies will support the purpose of the
778	exception and how mobility within the designated exception area
779	will be provided. In addition, the strategies must address urban
780	design; appropriate land use mixes, including intensity and
781	density; and network connectivity plans needed to promote urban
782	infill, redevelopment, or downtown revitalization. The
783	comprehensive plan amendment designating the concurrency
784	exception area must be accompanied by data and analysis
785	justifying the size of the area.
786	3.(f)  Prior to the designation of a concurrency exception
787	area pursuant to subparagraph (b)2., the state land planning
788	agency and the Department of Transportation shall be consulted
789	by the local government to assess the effect impact that the
790	proposed exception area is expected to have on the adopted
791	level-of-service standards established for Strategic Intermodal
792	System facilities, as defined in s. 339.64, and roadway
793	facilities funded in accordance with s. 339.2819. Further, the
794	local government shall, in consultation with the state land
795	planning agency and the Department of Transportation, develop a
796	plan to mitigate any impacts to the Strategic Intermodal System,
797	including, if appropriate, access management, parallel reliever
798	roads, transportation demand management, and other measures.
799	4.  Local governments shall also meet with adjacent
800	jurisdictions that may be impacted by the designation to discuss
801	strategies to minimize impacts the development of a long-term
802	concurrency management system pursuant to subsection (9) and s.
803	163.3177(3)(d). The exceptions may be available only within the
804	specific geographic area of the jurisdiction designated in the
805	plan. Pursuant to s. 163.3184, any affected person may challenge
806	a plan amendment establishing these guidelines and the areas
807	within which an exception could be granted.
808	(g)  Transportation concurrency exception areas existing
809	prior to July 1, 2005, must, at a minimum, meet the provisions
810	of this section by July 1, 2006, or at the time of the
811	comprehensive plan update pursuant to the evaluation and
812	appraisal report, whichever occurs last.
813	(6)  DE MINIMIS IMPACT.--The Legislature finds that a de
814	minimis impact is consistent with this part. A de minimis impact
815	is an impact that does would not affect more than 1 percent of
816	the maximum volume at the adopted level of service of the
817	affected transportation facility as determined by the local
818	government. An No impact is not will be de minimis if the sum of
819	existing roadway volumes and the projected volumes from approved
820	projects on a transportation facility exceeds would exceed 110
821	percent of the maximum volume at the adopted level of service of
822	the affected transportation facility; provided however, the that
823	an impact of a single family home on an existing lot is will
824	constitute a de minimis impact on all roadways regardless of the
825	level of the deficiency of the roadway. Further, an no impact is
826	not will be de minimis if it exceeds would exceed the adopted
827	level-of-service standard of any affected designated hurricane
828	evacuation routes. Each local government shall maintain
829	sufficient records to ensure that the 110-percent criterion is
830	not exceeded. Each local government shall submit annually, with
831	its updated capital improvements element, a summary of the de
832	minimis records. If the state land planning agency determines
833	that the 110-percent criterion has been exceeded, the state land
834	planning agency shall notify the local government of the
835	exceedance and that no further de minimis exceptions for the
836	applicable roadway may be granted until such time as the volume
837	is reduced below the 110 percent. The local government shall
838	provide proof of this reduction to the state land planning
839	agency before issuing further de minimis exceptions.
840	(7)  CONCURRENCY MANAGEMENT AREAS.--In order to promote
841	infill development and redevelopment, one or more transportation
842	concurrency management areas may be designated in a local
843	government comprehensive plan. A transportation concurrency
844	management area must be a compact geographic area that has with
845	an existing network of roads where multiple, viable alternative
846	travel paths or modes are available for common trips. A local
847	government may establish an areawide level-of-service standard
848	for such a transportation concurrency management area based upon
849	an analysis that provides for a justification for the areawide
850	level of service, how urban infill development or redevelopment
851	will be promoted, and how mobility will be accomplished within
852	the transportation concurrency management area. Prior to the
853	designation of a concurrency management area, the local
854	government shall consult with the state land planning agency and
855	the Department of Transportation shall be consulted by the local
856	government to assess the effect impact that the proposed
857	concurrency management area is expected to have on the adopted
858	level-of-service standards established for Strategic Intermodal
859	System facilities, as defined in s. 339.64, and roadway
860	facilities funded in accordance with s. 339.2819. Further, the
861	local government shall, in cooperation with the state land
862	planning agency and the Department of Transportation, develop a
863	plan to mitigate any impacts to the Strategic Intermodal System,
864	including, if appropriate, the development of a long-term
865	concurrency management system pursuant to subsection (9) and s.
866	163.3177(3)(d). Transportation concurrency management areas
867	existing prior to July 1, 2005, shall meet, at a minimum, the
868	provisions of this section by July 1, 2006, or at the time of
869	the comprehensive plan update pursuant to the evaluation and
870	appraisal report, whichever occurs last. The state land planning
871	agency shall amend chapter 9J-5, Florida Administrative Code, to
872	be consistent with this subsection.
873	(8)  URBAN REDEVELOPMENT.--When assessing the
874	transportation impacts of proposed urban redevelopment within an
875	established existing urban service area, 150 110 percent of the
876	actual transportation impact caused by the previously existing
877	development must be reserved for the redevelopment, even if the
878	previously existing development has a lesser or nonexisting
879	impact pursuant to the calculations of the local government.
880	Redevelopment requiring less than 150 110 percent of the
881	previously existing capacity may shall not be prohibited due to
882	the reduction of transportation levels of service below the
883	adopted standards. This does not preclude the appropriate
884	assessment of fees or accounting for the impacts within the
885	concurrency management system and capital improvements program
886	of the affected local government. This paragraph does not affect
887	local government requirements for appropriate development
888	permits.
889	(9)  LONG-TERM CONCURRENCY MANAGEMENT.--
890	(a)  Each local government may adopt, as a part of its
891	plan, long-term transportation and school concurrency management
892	systems that have with a planning period of up to 10 years for
893	specially designated districts or areas where significant
894	backlogs exist. The plan may include interim level-of-service
895	standards on certain facilities and shall rely on the local
896	government's schedule of capital improvements for up to 10 years
897	as a basis for issuing development orders that authorize
898	commencement of construction in these designated districts or
899	areas. The concurrency management system must be designed to
900	correct existing deficiencies and set priorities for addressing
901	backlogged facilities. For a long-term transportation system,
902	the local government shall consult with the appropriate
903	metropolitan planning organization in setting priorities for
904	addressing backlogged facilities. The concurrency management
905	system must be financially feasible and consistent with other
906	portions of the adopted local plan, including the future land
907	use map.
908	(b)  If a local government has a transportation or school
909	facility backlog for existing development which cannot be
910	adequately addressed in a 10-year plan, the state land planning
911	agency may allow it to develop a plan and long-term schedule of
912	capital improvements covering up to 15 years for good and
913	sufficient cause, based on a general comparison between that
914	local government and all other similarly situated local
915	jurisdictions, using the following factors:
916	1.  The extent of the backlog.
917	2.  For roads, whether the backlog is on local or state
918	roads.
919	3.  The cost of eliminating the backlog.
920	4.  The local government's tax and other revenue-raising
921	efforts.
922	(c)  The local government may issue approvals to commence
923	construction notwithstanding this section, consistent with and
924	in areas that are subject to a long-term concurrency management
925	system.
926	(d)  If the local government adopts a long-term concurrency
927	management system, it must evaluate the system periodically. At
928	a minimum, the local government must assess its progress toward
929	improving levels of service within the long-term concurrency
930	management district or area in the evaluation and appraisal
931	report and determine any changes that are necessary to
932	accelerate progress in meeting acceptable levels of service.
933	(10)  TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.--With
934	regard to roadway facilities on the Strategic Intermodal System
935	designated in accordance with s. ss. 339.61, 339.62, 339.63, and
936	339.64, the Florida Intrastate Highway System as defined in s.
937	338.001, and roadway facilities funded in accordance with s.
938	339.2819, local governments shall adopt the level-of-service
939	standard established by the Department of Transportation by
940	rule. For all other roads on the State Highway System, local
941	governments shall establish an adequate level-of-service
942	standard that need not be consistent with any level-of-service
943	standard established by the Department of Transportation. In
944	establishing adequate level-of-service standards for any
945	arterial roads, or collector roads as appropriate, which
946	traverse multiple jurisdictions, local governments shall
947	consider compatibility with the roadway facility's adopted
948	level-of-service standards in adjacent jurisdictions. Each local
949	government within a county shall use a professionally accepted
950	methodology for measuring impacts on transportation facilities
951	for the purposes of implementing its concurrency management
952	system. Counties are encouraged to coordinate with adjacent
953	counties, and local governments within a county are encouraged
954	to coordinate, for the purpose of using common methodologies for
955	measuring impacts on transportation facilities for the purpose
956	of implementing their concurrency management systems.
957	(11)  LIMITATION OF LIABILITY.--In order to limit the
958	liability of local governments, a local government may allow a
959	landowner to proceed with development of a specific parcel of
960	land notwithstanding a failure of the development to satisfy
961	transportation concurrency, if when all the following factors
962	are shown to exist:
963	(a)  The local government that has with jurisdiction over
964	the property has adopted a local comprehensive plan that is in
965	compliance.
966	(b)  The proposed development is would be consistent with
967	the future land use designation for the specific property and
968	with pertinent portions of the adopted local plan, as determined
969	by the local government.
970	(c)  The local plan includes a financially feasible capital
971	improvements element that provides for transportation facilities
972	adequate to serve the proposed development, and the local
973	government has not implemented that element.
974	(d)  The local government has provided a means for
975	assessing by which the landowner for will be assessed a fair
976	share of the cost of providing the transportation facilities
977	necessary to serve the proposed development.
978	(e)  The landowner has made a binding commitment to the
979	local government to pay the fair share of the cost of providing
980	the transportation facilities to serve the proposed development.
981	(12)  REGIONAL IMPACT PROPORTIONATE SHARE.--
982	(a)  A development of regional impact may satisfy the
983	transportation concurrency requirements of the local
984	comprehensive plan, the local government's concurrency
985	management system, and s. 380.06 by payment of a proportionate-
986	share contribution for local and regionally significant traffic
987	impacts, if:
988	1.(a)  The development of regional impact which, based on
989	its location or mix of land uses, is designed to encourage
990	pedestrian or other nonautomotive modes of transportation;
991	2.(b)  The proportionate-share contribution for local and
992	regionally significant traffic impacts is sufficient to pay for
993	one or more required mobility improvements that will benefit the
994	network of a regionally significant transportation facilities if
995	impacts on the Strategic Intermodal System, the Florida
996	Intrastate Highway System, and other regionally significant
997	roadways outside the jurisdiction of the local government are
998	mitigated based on the prioritization of needed improvements
999	identified in the regional report pursuant to s. 380.06(12)
1000	facility;
1001	3.(c)  The owner and developer of the development of
1002	regional impact pays or assures payment of the proportionate-
1003	share contribution; and
1004	4.(d)  If The regionally significant transportation
1005	facility to be constructed or improved is under the maintenance
1006	authority of a governmental entity, as defined by s. 334.03
1007	334.03(12), other than the local government that has with
1008	jurisdiction over the development of regional impact, the
1009	developer must is required to enter into a binding and legally
1010	enforceable commitment to transfer funds to the governmental
1011	entity having maintenance authority or to otherwise assure
1012	construction or improvement of the facility.
1013	(b)  The proportionate-share contribution may be applied to
1014	any transportation facility to satisfy the provisions of this
1015	subsection and the local comprehensive plan., but, For the
1016	purposes of this subsection, the amount of the proportionate-
1017	share contribution shall be calculated based upon the cumulative
1018	number of trips from the proposed development expected to reach
1019	roadways during the peak hour from the complete buildout of a
1020	stage or phase being approved, divided by the change in the peak
1021	hour maximum service volume of roadways resulting from
1022	construction of an improvement necessary to maintain the adopted
1023	level of service, multiplied by the construction cost, at the
1024	time of developer payment, of the improvement necessary to
1025	maintain the adopted level of service. If the number of trips
1026	used in a transportation analysis includes trips from an earlier
1027	phase of development, the determination of mitigation for the
1028	subsequent phase of development shall account for any mitigation
1029	required by the development order and provided by the developer
1030	for the earlier phase, calculated at present value. For purposes
1031	of this subsection, the term:
1032	1.  "Present value" means the fair market value of right-
1033	of-way at the time of contribution or the actual dollar value of
1034	the construction improvements at the date of completion adjusted
1035	by the Consumer Price Index.
1036	2.  For purposes of this subsection, "Construction cost"
1037	includes all associated costs of the improvement. The
1038	proportionate-share contribution shall include the costs
1039	associated with accommodating a transit facility within the
1040	development of regional impact that is in a county's or the
1041	Department of Transportation's long-range plan and shall be
1042	credited against a development of regional impact's
1043	proportionate-share contribution. Proportionate-share mitigation
1044	shall be limited to ensure that a development of regional impact
1045	meeting the requirements of this subsection mitigates its impact
1046	on the transportation system but is not responsible for the
1047	additional cost of reducing or eliminating backlogs.
1048	3.  "Backlogged transportation facility" means a facility
1049	on which the adopted level-of-service standard is exceeded by
1050	the existing trips plus committed trips. A developer may not be
1051	required to fund or construct proportionate share mitigation
1052	that is more extensive than mitigation necessary to offset the
1053	impact of the development project in question.
1054
1055	This subsection also applies to Florida Quality Developments
1056	pursuant to s. 380.061 and to detailed specific area plans
1057	implementing optional sector plans pursuant to s. 163.3245.
1058	(13)  SCHOOL CONCURRENCY.--School concurrency shall be
1059	established on a districtwide basis and shall include all public
1060	schools in the district and all portions of the district,
1061	whether located in a municipality or an unincorporated area
1062	unless exempt from the public school facilities element pursuant
1063	to s. 163.3177(12). The application of school concurrency to
1064	development shall be based upon the adopted comprehensive plan,
1065	as amended. All local governments within a county, except as
1066	provided in paragraph (f), shall adopt and transmit to the state
1067	land planning agency the necessary plan amendments, along with
1068	the interlocal agreement, for a compliance review pursuant to s.
1069	163.3184(7) and (8). The minimum requirements for school
1070	concurrency are the following:
1071	(a)  Public school facilities element.--A local government
1072	shall adopt and transmit to the state land planning agency a
1073	plan or plan amendment which includes a public school facilities
1074	element which is consistent with the requirements of s.
1075	163.3177(12) and which is determined to be in compliance as
1076	defined in s. 163.3184(1)(b). All local government public school
1077	facilities plan elements within a county must be consistent with
1078	each other as well as the requirements of this part.
1079	(b)  Level-of-service standards.--The Legislature
1080	recognizes that an essential requirement for a concurrency
1081	management system is the level of service at which a public
1082	facility is expected to operate.
1083	1.  Local governments and school boards imposing school
1084	concurrency shall exercise authority in conjunction with each
1085	other to establish jointly adequate level-of-service standards,
1086	as defined in chapter 9J-5, Florida Administrative Code,
1087	necessary to implement the adopted local government
1088	comprehensive plan, based on data and analysis.
1089	2.  Public school level-of-service standards shall be
1090	included and adopted into the capital improvements element of
1091	the local comprehensive plan and shall apply districtwide to all
1092	schools of the same type. Types of schools may include
1093	elementary, middle, and high schools as well as special purpose
1094	facilities such as magnet schools.
1095	3.  Local governments and school boards may use shall have
1096	the option to utilize tiered level-of-service standards to allow
1097	time to achieve an adequate and desirable level of service as
1098	circumstances warrant.
1099	4.  A school district that includes relocatables in its
1100	inventory of student stations shall include relocatables in its
1101	calculation of capacity for purposes of determining whether
1102	levels of service have been achieved.
1103	(c)  Service areas.--The Legislature recognizes that an
1104	essential requirement for a concurrency system is a designation
1105	of the area within which the level of service will be measured
1106	when an application for a residential development permit is
1107	reviewed for school concurrency purposes. This delineation is
1108	also important for purposes of determining whether the local
1109	government has a financially feasible public school capital
1110	facilities program for that will provide schools which will
1111	achieve and maintain the adopted level-of-service standards.
1112	1.  In order to balance competing interests, preserve the
1113	constitutional concept of uniformity, and avoid disruption of
1114	existing educational and growth management processes, local
1115	governments are encouraged to initially apply school concurrency
1116	to development only on a districtwide basis so that a
1117	concurrency determination for a specific development is will be
1118	based upon the availability of school capacity districtwide. To
1119	ensure that development is coordinated with schools having
1120	available capacity, within 5 years after adoption of school
1121	concurrency, local governments shall apply school concurrency on
1122	a less than districtwide basis, such as using school attendance
1123	zones or concurrency service areas, as provided in subparagraph
1124	2.
1125	2.  For local governments applying school concurrency on a
1126	less than districtwide basis, such as utilizing school
1127	attendance zones or larger school concurrency service areas,
1128	local governments and school boards shall have the burden of
1129	demonstrating to demonstrate that the utilization of school
1130	capacity is maximized to the greatest extent possible in the
1131	comprehensive plan and amendment, taking into account
1132	transportation costs and court-approved desegregation plans, as
1133	well as other factors. In addition, in order to achieve
1134	concurrency within the service area boundaries selected by local
1135	governments and school boards, the service area boundaries,
1136	together with the standards for establishing those boundaries,
1137	shall be identified and included as supporting data and analysis
1138	for the comprehensive plan.
1139	3.  Where school capacity is available on a districtwide
1140	basis but school concurrency is applied on a less than
1141	districtwide basis in the form of concurrency service areas, if
1142	the adopted level-of-service standard cannot be met in a
1143	particular service area as applied to an application for a
1144	development permit and if the needed capacity for the particular
1145	service area is available in one or more contiguous service
1146	areas, as adopted by the local government, then the local
1147	government may not deny an application for site plan or final
1148	subdivision approval or the functional equivalent for a
1149	development or phase of a development on the basis of school
1150	concurrency, and if issued, development impacts shall be shifted
1151	to contiguous service areas with schools having available
1152	capacity.
1153	(d)  Financial feasibility.--The Legislature recognizes
1154	that financial feasibility is an important issue because the
1155	premise of concurrency is that the public facilities will be
1156	provided in order to achieve and maintain the adopted level-of-
1157	service standard. This part and chapter 9J-5, Florida
1158	Administrative Code, contain specific standards for determining
1159	to determine the financial feasibility of capital programs.
1160	These standards were adopted to make concurrency more
1161	predictable and local governments more accountable.
1162	1.  A comprehensive plan amendment seeking to impose school
1163	concurrency must shall contain appropriate amendments to the
1164	capital improvements element of the comprehensive plan,
1165	consistent with the requirements of s. 163.3177(3) and rule 9J-
1166	5.016, Florida Administrative Code. The capital improvements
1167	element must shall set forth a financially feasible public
1168	school capital facilities program, established in conjunction
1169	with the school board, that demonstrates that the adopted level-
1170	of-service standards will be achieved and maintained.
1171	2.  Such amendments to the capital improvements element
1172	must shall demonstrate that the public school capital facilities
1173	program meets all of the financial feasibility standards of this
1174	part and chapter 9J-5, Florida Administrative Code, that apply
1175	to capital programs which provide the basis for mandatory
1176	concurrency on other public facilities and services.
1177	3.  If When the financial feasibility of a public school
1178	capital facilities program is evaluated by the state land
1179	planning agency for purposes of a compliance determination, the
1180	evaluation must shall be based upon the service areas selected
1181	by the local governments and school board.
1182	(e)  Availability standard.--Consistent with the public
1183	welfare, and except as otherwise provided in this subsection,
1184	public school facilities needed to serve new residential
1185	development shall be in place or under actual construction
1186	within 3 years after the issuance of final subdivision or site
1187	plan approval, or the functional equivalent. A local government
1188	may not deny an application for site plan, final subdivision
1189	approval, or the functional equivalent for a development or
1190	phase of a development authorizing residential development for
1191	failure to achieve and maintain the level-of-service standard
1192	for public school capacity in a local school concurrency
1193	management system where adequate school facilities will be in
1194	place or under actual construction within 3 years after the
1195	issuance of final subdivision or site plan approval, or the
1196	functional equivalent. Any mitigation required of a developer
1197	shall be limited to ensure that a development mitigates its own
1198	impact on public school facilities, but is not responsible for
1199	the additional cost of reducing or eliminating backlogs or
1200	addressing class size reduction. School concurrency is satisfied
1201	if the developer executes a legally binding commitment to
1202	provide mitigation proportionate to the demand for public school
1203	facilities to be created by actual development of the property,
1204	including, but not limited to, the options described in
1205	subparagraph 1. Options for proportionate-share mitigation of
1206	impacts on public school facilities must be established in the
1207	public school facilities element and the interlocal agreement
1208	pursuant to s. 163.31777.
1209	1.  Appropriate mitigation options include the contribution
1210	of land; the construction, expansion, or payment for land
1211	acquisition or construction of a public school facility; the
1212	construction of a charter school that complies with the
1213	requirements of s. 1002.33(18)(f); or the creation of mitigation
1214	banking based on the construction of a public school facility in
1215	exchange for the right to sell capacity credits. Such options
1216	must include execution by the applicant and the local government
1217	of a development agreement that constitutes a legally binding
1218	commitment to pay proportionate-share mitigation for the
1219	additional residential units approved by the local government in
1220	a development order and actually developed on the property,
1221	taking into account residential density allowed on the property
1222	prior to the plan amendment that increased the overall
1223	residential density. The district school board must be a party
1224	to such an agreement. As a condition of its entry into such a
1225	development agreement, the local government may require the
1226	landowner to agree to continuing renewal of the agreement upon
1227	its expiration.
1228	2.  If the education facilities plan and the public
1229	educational facilities element authorize a contribution of land;
1230	the construction, expansion, or payment for land acquisition; or
1231	the construction or expansion of a public school facility, or a
1232	portion thereof; or the construction of a charter school that
1233	complies with the requirements of s. 1002.33(18)(f), as
1234	proportionate-share mitigation, the local government shall
1235	credit such a contribution, construction, expansion, or payment
1236	toward any other impact fee or exaction imposed by local
1237	ordinance for the same need, on a dollar-for-dollar basis at
1238	fair market value.
1239	3.  Any proportionate-share mitigation must be directed by
1240	the school board toward a school capacity improvement identified
1241	in a financially feasible 5-year district work plan that
1242	satisfies the demands created by the development in accordance
1243	with a binding developer's agreement.
1244	4.  If a development is precluded from commencing because
1245	there is inadequate classroom capacity to mitigate the impacts
1246	of the development, the development may nevertheless commence if
1247	there are accelerated facilities in an approved capital
1248	improvement element scheduled for construction in year four or
1249	later of such plan which, when built, will mitigate the proposed
1250	development, or if such accelerated facilities will be in the
1251	next annual update of the capital facilities element, the
1252	developer enters into a binding, financially guaranteed
1253	agreement with the school district to construct an accelerated
1254	facility within the first 3 years of an approved capital
1255	improvement plan, and the cost of the school facility is equal
1256	to or greater than the development's proportionate share. When
1257	the completed school facility is conveyed to the school
1258	district, the developer shall receive impact fee credits usable
1259	within the zone where the facility is constructed or any
1260	attendance zone contiguous with or adjacent to the zone where
1261	the facility is constructed.
1262	5.  This paragraph does not limit the authority of a local
1263	government to deny a development permit or its functional
1264	equivalent pursuant to its home rule regulatory powers, except
1265	as provided in this part.
1266	(f)  Intergovernmental coordination.--
1267	1.  When establishing concurrency requirements for public
1268	schools, a local government shall satisfy the requirements for
1269	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1270	and 2., except that a municipality is not required to be a
1271	signatory to the interlocal agreement required by ss.
1272	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1273	imposition of school concurrency, and as a nonsignatory, may
1274	shall not participate in the adopted local school concurrency
1275	system, if the municipality meets all of the following criteria
1276	for not having a no significant impact on school attendance:
1277	a.  The municipality has issued development orders for
1278	fewer than 50 residential dwelling units during the preceding 5
1279	years, or the municipality has generated fewer than 25
1280	additional public school students during the preceding 5 years.
1281	b.  The municipality has not annexed new land during the
1282	preceding 5 years in land use categories which permit
1283	residential uses that will affect school attendance rates.
1284	c.  The municipality has no public schools located within
1285	its boundaries.
1286	d.  At least 80 percent of the developable land within the
1287	boundaries of the municipality has been built upon.
1288	2.  A municipality that which qualifies as not having a no
1289	significant impact on school attendance pursuant to the criteria
1290	of subparagraph 1. must review and determine at the time of its
1291	evaluation and appraisal report pursuant to s. 163.3191 whether
1292	it continues to meet the criteria pursuant to s. 163.31777(6).
1293	If the municipality determines that it no longer meets the
1294	criteria, it must adopt appropriate school concurrency goals,
1295	objectives, and policies in its plan amendments based on the
1296	evaluation and appraisal report, and enter into the existing
1297	interlocal agreement required by ss. 163.3177(6)(h)2. and
1298	163.31777, in order to fully participate in the school
1299	concurrency system. If such a municipality fails to do so, it is
1300	will be subject to the enforcement provisions of s. 163.3191.
1301	(g)  Interlocal agreement for school concurrency.--When
1302	establishing concurrency requirements for public schools, a
1303	local government must enter into an interlocal agreement that
1304	satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
1305	163.31777 and the requirements of this subsection. The
1306	interlocal agreement must shall acknowledge both the school
1307	board's constitutional and statutory obligations to provide a
1308	uniform system of free public schools on a countywide basis, and
1309	the land use authority of local governments, including their
1310	authority to approve or deny comprehensive plan amendments and
1311	development orders. The interlocal agreement shall be submitted
1312	to the state land planning agency by the local government as a
1313	part of the compliance review, along with the other necessary
1314	amendments to the comprehensive plan required by this part. In
1315	addition to the requirements of ss. 163.3177(6)(h) and
1316	163.31777, the interlocal agreement must shall meet the
1317	following requirements:
1318	1.  Establish the mechanisms for coordinating the
1319	development, adoption, and amendment of each local government's
1320	public school facilities element with each other and the plans
1321	of the school board to ensure a uniform districtwide school
1322	concurrency system.
1323	2.  Establish a process for developing the development of
1324	siting criteria that which encourages the location of public
1325	schools proximate to urban residential areas to the extent
1326	possible and seeks to collocate schools with other public
1327	facilities such as parks, libraries, and community centers to
1328	the extent possible.
1329	3.  Specify uniform, districtwide level-of-service
1330	standards for public schools of the same type and the process
1331	for modifying the adopted level-of-service standards.
1332	4.  Establish a process for the preparation, amendment, and
1333	joint approval by each local government and the school board of
1334	a public school capital facilities program that which is
1335	financially feasible, and a process and schedule for
1336	incorporation of the public school capital facilities program
1337	into the local government comprehensive plans on an annual
1338	basis.
1339	5.  Define the geographic application of school
1340	concurrency. If school concurrency is to be applied on a less
1341	than districtwide basis in the form of concurrency service
1342	areas, the agreement must shall establish criteria and standards
1343	for the establishment and modification of school concurrency
1344	service areas. The agreement must shall also establish a process
1345	and schedule for the mandatory incorporation of the school
1346	concurrency service areas and the criteria and standards for
1347	establishment of the service areas into the local government
1348	comprehensive plans. The agreement must shall ensure maximum
1349	utilization of school capacity, taking into account
1350	transportation costs and court-approved desegregation plans, as
1351	well as other factors. The agreement must shall also ensure the
1352	achievement and maintenance of the adopted level-of-service
1353	standards for the geographic area of application throughout the
1354	5 years covered by the public school capital facilities plan and
1355	thereafter by adding a new fifth year during the annual update.
1356	6.  Establish a uniform districtwide procedure for
1357	implementing school concurrency which provides for:
1358	a.  The evaluation of development applications for
1359	compliance with school concurrency requirements, including
1360	information provided by the school board on affected schools,
1361	impact on levels of service, and programmed improvements for
1362	affected schools, and any options to provide sufficient
1363	capacity;
1364	b.  An opportunity for the school board to review and
1365	comment on the effect of comprehensive plan amendments and
1366	rezonings on the public school facilities plan; and
1367	c.  The monitoring and evaluation of the school concurrency
1368	system.
1369	7.  Include provisions relating to amendment of the
1370	agreement.
1371	8.  A process and uniform methodology for determining
1372	proportionate-share mitigation pursuant to subparagraph (e)1.
1373	(h)  Local government authority.--This subsection does not
1374	limit the authority of a local government to grant or deny a
1375	development permit or its functional equivalent prior to the
1376	implementation of school concurrency.
1377	(14)  RULEMAKING AUTHORITY.--The state land planning agency
1378	shall, by October 1, 1998, adopt by rule minimum criteria for
1379	the review and determination of compliance of a public school
1380	facilities element adopted by a local government for purposes of
1381	imposition of school concurrency.
1382	(15)  MULTIMODAL DISTRICTS.--
1383	(a)  Multimodal transportation districts may be established
1384	under a local government comprehensive plan in areas delineated
1385	on the future land use map for which the local comprehensive
1386	plan assigns secondary priority to vehicle mobility and primary
1387	priority to assuring a safe, comfortable, and attractive
1388	pedestrian environment, with convenient interconnection to
1389	transit. Such districts must incorporate community design
1390	features that will reduce the number of automobile trips or
1391	vehicle miles of travel and will support an integrated,
1392	multimodal transportation system. Prior to the designation of
1393	multimodal transportation districts, the Department of
1394	Transportation shall be consulted by the local government to
1395	assess the impact that the proposed multimodal district area is
1396	expected to have on the adopted level-of-service standards
1397	established for Strategic Intermodal System facilities, as
1398	designated in s. 339.63 defined in s. 339.64, and roadway
1399	facilities funded in accordance with s. 339.2819. Further, the
1400	local government shall, in cooperation with the Department of
1401	Transportation, develop a plan to mitigate any impacts to the
1402	Strategic Intermodal System, including the development of a
1403	long-term concurrency management system pursuant to subsection
1404	(9) and s. 163.3177(3)(d). Multimodal transportation districts
1405	existing prior to July 1, 2005, shall meet, at a minimum, the
1406	provisions of this section by July 1, 2006, or at the time of
1407	the comprehensive plan update pursuant to the evaluation and
1408	appraisal report, whichever occurs last.
1409	(b)  Community design elements of such a multimodal
1410	transportation district include: a complementary mix and range
1411	of land uses, including educational, recreational, and cultural
1412	uses; interconnected networks of streets designed to encourage
1413	walking and bicycling, with traffic-calming where desirable;
1414	appropriate densities and intensities of use within walking
1415	distance of transit stops; daily activities within walking
1416	distance of residences, allowing independence to persons who do
1417	not drive; public uses, streets, and squares that are safe,
1418	comfortable, and attractive for the pedestrian, with adjoining
1419	buildings open to the street and with parking not interfering
1420	with pedestrian, transit, automobile, and truck travel modes.
1421	(c)  Local governments may establish multimodal level-of-
1422	service standards that rely primarily on nonvehicular modes of
1423	transportation within the district, if when justified by an
1424	analysis demonstrating that the existing and planned community
1425	design will provide an adequate level of mobility within the
1426	district based upon professionally accepted multimodal level-of-
1427	service methodologies. The analysis must also demonstrate that
1428	the capital improvements required to promote community design
1429	are financially feasible over the development or redevelopment
1430	timeframe for the district and that community design features
1431	within the district provide convenient interconnection for a
1432	multimodal transportation system. Local governments may issue
1433	development permits in reliance upon all planned community
1434	design capital improvements that are financially feasible over
1435	the development or redevelopment timeframe for the district,
1436	without regard to the period of time between development or
1437	redevelopment and the scheduled construction of the capital
1438	improvements. A determination of financial feasibility shall be
1439	based upon currently available funding or funding sources that
1440	could reasonably be expected to become available over the
1441	planning period.
1442	(d)  Local governments may reduce impact fees or local
1443	access fees for development within multimodal transportation
1444	districts based on the reduction of vehicle trips per household
1445	or vehicle miles of travel expected from the development pattern
1446	planned for the district.
1447	(e)  By December 1, 2007, the Department of Transportation,
1448	in consultation with the state land planning agency and
1449	interested local governments, may designate a study area for
1450	conducting a pilot project to determine the benefits of and
1451	barriers to establishing a regional multimodal transportation
1452	concurrency district that extends over more than one local
1453	government jurisdiction. If designated:
1454	1.  The study area must be in a county that has a
1455	population of at least 1,000 persons per square mile, be within
1456	an urban service area, and have the consent of the local
1457	governments within the study area. The Department of
1458	Transportation and the state land planning agency shall provide
1459	technical assistance.
1460	2.  The local governments within the study area and the
1461	Department of Transportation, in consultation with the state
1462	land planning agency, shall cooperatively create a multimodal
1463	transportation plan that meets the requirements of this section.
1464	The multimodal transportation plan must include viable local
1465	funding options and incorporate community design features,
1466	including a range of mixed land uses and densities and
1467	intensities, which will reduce the number of automobile trips or
1468	vehicle miles of travel while supporting an integrated,
1469	multimodal transportation system.
1470	3.  To effectuate the multimodal transportation concurrency
1471	district, participating local governments may adopt appropriate
1472	comprehensive plan amendments.
1473	4.  The Department of Transportation, in consultation with
1474	the state land planning agency, shall submit a report by March
1475	1, 2009, to the Governor, the President of the Senate, and the
1476	Speaker of the House of Representatives on the status of the
1477	pilot project. The report must identify any factors that support
1478	or limit the creation and success of a regional multimodal
1479	transportation district including intergovernmental
1480	coordination.
1481	(f)  The state land planning agency may designate up to
1482	five local governments as Urban Placemaking Initiative Pilot
1483	Projects. The purpose of the pilot project program is to assist
1484	local communities with redevelopment of primarily single-use
1485	suburban areas that surround strategic corridors and crossroads,
1486	to create livable, sustainable communities with a sense of
1487	place. Pilot communities must have a county population of at
1488	least 350,000, be able to demonstrate an ability to administer
1489	the pilot project, and have appropriate potential redevelopment
1490	areas suitable for the pilot project. Recognizing that both the
1491	form of existing development patterns and strict application of
1492	transportation concurrency requirements create obstacles to such
1493	redevelopment, the pilot project program shall further the
1494	ability of such communities to cultivate mixed-use and form-
1495	based communities that integrate all modes of transportation.
1496	The pilot project program shall provide an alternative
1497	regulatory framework that allows for the creation of a
1498	multimodal concurrency district that over the planning time
1499	period allows pilot project communities to incrementally realize
1500	the goals of the redevelopment area by guiding redevelopment of
1501	parcels and cultivating multimodal development in targeted
1502	transitional suburban areas. The Department of Transportation
1503	shall provide technical support to the state land planning
1504	agency and the department and the agency shall provide technical
1505	assistance to the local governments in the implementation of the
1506	pilot projects.
1507	1.  Each pilot project community adopt criteria for
1508	designation of specific urban placemaking redevelopment areas
1509	and general location maps in the future land use element of
1510	their comprehensive plan. Such redevelopment areas must be
1511	within an adopted urban service boundary or functional
1512	equivalent. Each pilot project community shall also adopt
1513	comprehensive plan amendments that set forth criteria for
1514	development of the urban placemaking areas that contain land use
1515	and transportation strategies, including, but not limited to,
1516	the community design elements set forth in paragraph (b). A
1517	pilot project community shall undertake a process of public
1518	engagement to coordinate community vision, citizen interest, and
1519	development goals for developments within the urban placemaking
1520	redevelopment areas.
1521	2.  Each pilot project community may assign transportation
1522	concurrency or trip generation credits and impact fee exemptions
1523	or reductions and establish transportation concurrency
1524	exceptions for developments that meet the adopted comprehensive
1525	plan criteria for urban placemaking redevelopment areas. The
1526	provisions of paragraph (c) apply to designated urban
1527	placemaking redevelopment areas.
1528	(16)  FAIR-SHARE MITIGATION.--It is the intent of the
1529	Legislature to provide a method by which the impacts of
1530	development on transportation facilities can be mitigated by the
1531	cooperative efforts of the public and private sectors. The
1532	methodology used to calculate proportionate fair-share
1533	mitigation under this section shall be as provided for in
1534	subsection (12).
1535	(a)  By December 1, 2006, Each local government shall adopt
1536	by ordinance a methodology for assessing proportionate fair-
1537	share mitigation options. By December 1, 2005, the Department of
1538	Transportation shall develop a model transportation concurrency
1539	management ordinance with methodologies for assessing
1540	proportionate fair-share mitigation options.
1541	(b)1.  In its transportation concurrency management system,
1542	a local government shall, by December 1, 2006, include
1543	methodologies that will be applied to calculate proportionate
1544	fair-share mitigation. A developer may choose to satisfy all
1545	transportation concurrency requirements by contributing or
1546	paying proportionate fair-share mitigation if transportation
1547	facilities or facility segments identified as mitigation for
1548	traffic impacts are specifically identified for funding in the
1549	5-year schedule of capital improvements in the capital
1550	improvements element of the local plan or the long-term
1551	concurrency management system or if such contributions or
1552	payments to such facilities or segments are reflected in the 5-
1553	year schedule of capital improvements in the next regularly
1554	scheduled update of the capital improvements element. Updates to
1555	the 5-year capital improvements element which reflect
1556	proportionate fair-share contributions may not be found not in
1557	compliance based on ss. 163.3164(32) and 163.3177(3) if
1558	additional contributions, payments or funding sources are
1559	reasonably anticipated during a period not to exceed 10 years to
1560	fully mitigate impacts on the transportation facilities.
1561	2.  Proportionate fair-share mitigation shall be applied as
1562	a credit against impact fees to the extent that all or a portion
1563	of the proportionate fair-share mitigation is used to address
1564	the same capital infrastructure improvements contemplated by the
1565	local government's impact fee ordinance.
1566	(c)  Proportionate fair-share mitigation includes, without
1567	limitation, separately or collectively, private funds,
1568	contributions of land, and construction and contribution of
1569	facilities and may include public funds as determined by the
1570	local government. Proportionate fair-share mitigation may be
1571	directed toward one or more specific transportation improvements
1572	reasonably related to the mobility demands created by the
1573	development and such improvements may address one or more modes
1574	of travel. The fair market value of the proportionate fair-share
1575	mitigation shall not differ based on the form of mitigation. A
1576	local government may not require a development to pay more than
1577	its proportionate fair-share contribution regardless of the
1578	method of mitigation. Proportionate fair-share mitigation shall
1579	be limited to ensure that a development meeting the requirements
1580	of this section mitigates its impact on the transportation
1581	system but is not responsible for the additional cost of
1582	reducing or eliminating backlogs. For purposes of this
1583	subsection, the term "backlogged transportation facility" means
1584	a facility on which the adopted level-of-service standard is
1585	exceeded by the existing trips plus committed trips. A developer
1586	may not be required to fund or construct proportionate-share
1587	mitigation for any backlogged transportation facility that is
1588	more extensive than mitigation necessary to offset the impact of
1589	the development project in question.
1590	(d)  This subsection does not require a local government to
1591	approve a development that is not otherwise qualified for
1592	approval pursuant to the applicable local comprehensive plan and
1593	land development regulations.
1594	(e)  Mitigation for development impacts to facilities on
1595	the Strategic Intermodal System made pursuant to this subsection
1596	requires the concurrence of the Department of Transportation.
1597	(f)  If the funds in an adopted 5-year capital improvements
1598	element are insufficient to fully fund construction of a
1599	transportation improvement required by the local government's
1600	concurrency management system, a local government and a
1601	developer may still enter into a binding proportionate-share
1602	agreement authorizing the developer to construct that amount of
1603	development on which the proportionate share is calculated if
1604	the proportionate-share amount in such agreement is sufficient
1605	to pay for one or more improvements which will, in the opinion
1606	of the governmental entity or entities maintaining the
1607	transportation facilities, significantly benefit the impacted
1608	transportation system. The improvements funded by the
1609	proportionate-share component must be adopted into the 5-year
1610	capital improvements schedule of the comprehensive plan at the
1611	next annual capital improvements element update. The funding of
1612	any improvements that significantly benefit the impacted
1613	transportation system satisfies concurrency requirements as a
1614	mitigation of the development's impact upon the overall
1615	transportation system even if there remains a failure of
1616	concurrency on other impacted facilities.
1617	(g)  Except as provided in subparagraph (b)1., this section
1618	may not prohibit the state land planning agency Department of
1619	Community Affairs from finding other portions of the capital
1620	improvements element amendments not in compliance as provided in
1621	this chapter.
1622	(h)  The provisions of this subsection do not apply to a
1623	development of regional impact satisfying the requirements of
1624	subsection (12).
1625	(i)  If the number of trips used in a transportation
1626	analysis includes trips from an earlier phase of development,
1627	the determination of mitigation for the subsequent phase of
1628	development shall account for any mitigation required by the
1629	development order and provided by the developer for the earlier
1630	phase, calculated at present value. For purposes of this
1631	subsection, the term "present value" means the fair market value
1632	of right-of-way at the time of contribution, or the actual
1633	dollar value of the construction improvements at the date of
1634	completion adjusted by the Consumer Price Index.
1635	Section 6.  (1)  The Legislature finds that the existing
1636	transportation concurrency system has not adequately addressed
1637	the state's transportation needs in an effective, predictable,
1638	and equitable manner and is not producing a sustainable
1639	transportation system for the state. The current system is
1640	complex, lacks uniformity among jurisdictions, is too focused on
1641	roadways to the detriment of desired land use patterns and
1642	transportation alternatives, and frequently prevents the
1643	attainment of important growth management goals. The state,
1644	therefore, should consider a different transportation
1645	concurrency approach that uses a mobility fee based on vehicle-
1646	miles or people-miles traveled. The mobility fee shall be
1647	designed to provide for mobility needs, ensure that development
1648	provides mitigation for its impacts on the transportation
1649	system, and promote compact, mixed-use, and energy-efficient
1650	development. The mobility fee shall be used to fund improvements
1651	to the transportation system.
1652	(2)  The Legislative Committee on Intergovernmental
1653	Relations shall study and develop a methodology for a mobility
1654	fee system. The committee shall contract with a qualified
1655	transportation engineering firm or with a state university for
1656	the purpose of studying and developing a uniform mobility fee
1657	for statewide application to replace the existing transportation
1658	concurrency management systems adopted and implemented by local
1659	governments.
1660	(a)  To assist the committee in its study, a mobility fee
1661	pilot program shall be authorized in Duval County, Nassau
1662	County, St. Johns County, and Clay County and the municipalities
1663	in such counties. The committee shall coordinate with
1664	participating local governments to implement a mobility fee on
1665	more than a single-jurisdiction basis. The local governments
1666	shall work with the committee to provide practical, field-tested
1667	experience in implementing this new approach to transportation
1668	concurrency, transportation impact fees, and proportionate-share
1669	mitigation. The committee and local governments shall make every
1670	effort to implement the pilot program no later than October 1,
1671	2008. Data from the pilot program shall be provided to the
1672	committee and the contracted entity for review and
1673	consideration.
1674	(b)  No later than January 15, 2009, the committee shall
1675	provide an interim report to the President of the Senate and the
1676	Speaker of the House of Representatives reporting the status of
1677	the mobility fee study. The interim report shall discuss
1678	progress in the development of the fee, identify issues for
1679	which additional legislative guidance is needed, and recommend
1680	any interim measures that may need to be addressed to improve
1681	the current transportation concurrency system that could be
1682	taken prior to the final report in 2009.
1683	(c)  On or before October 1, 2009, the committee shall
1684	provide to the President of the Senate and the Speaker of the
1685	House of Representatives a final report and recommendations
1686	regarding the methodology, application, and implementation of a
1687	mobility fee.
1688	(3)  The study and mobility fees levied pursuant to the
1689	pilot program shall focus on and the fee shall implement, to the
1690	extent possible:
1691	(a)  The amount, distribution, and timing of vehicle miles
1692	and people miles traveled, applying professionally accepted
1693	standards and practices in the disciplines of land use and
1694	transportation planning and the requirements of constitutional
1695	and statutory law.
1696	(b)  The development of an equitable mobility fee that
1697	provides funding for future mobility needs whereby new
1698	development mitigates in approximate proportionality for its
1699	impacts on the transportation system yet is not delayed or held
1700	accountable for system backlogs or failures that are not
1701	directly attributable to the proposed development.
1702	(c)  The replacement of transportation financial
1703	feasibility obligations, proportionate fair-share contributions,
1704	and locally adopted transportation impact fees with the mobility
1705	fee such that a single transportation fee, whether or not based
1706	on number of trips or vehicle miles traveled, may be applied
1707	uniformly on a statewide basis.
1708	(d)  The ability for developer contributions of land for
1709	right-of-way or developer-funded improvements to the
1710	transportation network to be recognized as credits against the
1711	mobility fee through mutually acceptable agreements reached with
1712	the impacted jurisdictions.
1713	(e)  An equitable methodology for distribution of mobility
1714	fee proceeds among those jurisdictions responsible for
1715	construction and maintenance of the impacted facilities such
1716	that 100 percent of the collected mobility fees are used for
1717	improvements to the overall transportation network of the
1718	impacted jurisdictions.
1719	Section 7.  Subsections (3) and (4), paragraphs (a) and (d)
1720	of subsection (6), paragraph (a) of subsection (7), paragraphs
1721	(b) and (c) of subsection (15), and subsections (17) and (18)
1722	of section 163.3184, Florida Statutes, are amended, and
1723	subsections (19) and (20) are added to that section, to read:
1724	163.3184  Process for adoption of comprehensive plan or
1725	plan amendment.--
1726	(3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
1727	AMENDMENT.--
1728	(a)  Effective January 1, 2009, prior to filing an
1729	application for a future land use map amendment, an applicant
1730	must conduct a neighborhood meeting to present, discuss, and
1731	solicit public comment on a proposed amendment. The meeting
1732	shall be conducted at least 30 and no more than 60 days before
1733	the application for the amendment is filed with the local
1734	government. At a minimum, the meeting shall be noticed and
1735	conducted in accordance with the following:
1736	1.  Notification by the applicant must be mailed at least
1737	10 but no more than 14 days prior to the meeting to all persons
1738	who own property within 500 feet of the property subject to the
1739	proposed amendment as such information is maintained by the
1740	county tax assessor, which list shall conclusively establish the
1741	required recipients.
1742	2.  Notice must be published by the applicant in accordance
1743	with s. 125.66(4)(b)2. or s. 166.041(3)(c)2.b.
1744	3.  Notice must be provided to the local government for
1745	posting on the local government's web page, if available.
1746	4.  Notice must be mailed by the applicant to the list of
1747	home owner or condominium associations maintained by the
1748	jurisdiction, if any.
1749	5.  The meeting must be conducted by the applicant at an
1750	accessible and convenient location.
1751	6.  A sign-in list of all attendees must be maintained.
1752
1753	This paragraph applies to applications for a map amendment filed
1754	after January 1, 2009.
1755	(b)  At least 15 but no more than 45 days before the local
1756	governing body's scheduled adoption hearing, the applicant shall
1757	conduct a second noticed community or neighborhood meeting to
1758	present and discuss the map amendment application, including any
1759	changes made to the proposed amendment after the first community
1760	or neighborhood meeting. Direct mail notice by the applicant at
1761	least 10 but no more than 14 days prior to the meeting shall
1762	only be required for those who signed in at the preapplication
1763	meeting and those whose names are on the sign-in sheet from the
1764	transmittal hearing pursuant to paragraph (15)(c); otherwise,
1765	notice shall be by newspaper advertisement in accordance with s.
1766	125.66(4)(b)2. and s. 166.041(3)(c)2.b. Prior to the adoption
1767	hearing, the applicant shall file with the local government a
1768	written certification or verification that the second meeting
1769	has been noticed and conducted in accordance with this
1770	paragraph. This paragraph applies to applications for a map
1771	amendment filed after January 1, 2009.
1772	(c)  The neighborhood meetings required in this subsection
1773	shall not apply to small scale amendments as described in s.
1774	163.3187 unless a local government, by ordinance, adopts a
1775	procedure for holding a neighborhood meeting as part of the
1776	small scale amendment process. In no event shall more than one
1777	such meeting be required.
1778	(d)(a)  Each local governing body shall transmit the
1779	complete proposed comprehensive plan or plan amendment to the
1780	state land planning agency, the appropriate regional planning
1781	council and water management district, the Department of
1782	Environmental Protection, the Department of State, and the
1783	Department of Transportation, and, in the case of municipal
1784	plans, to the appropriate county, and, in the case of county
1785	plans, to the Fish and Wildlife Conservation Commission and the
1786	Department of Agriculture and Consumer Services, immediately
1787	following a public hearing pursuant to subsection (15) as
1788	specified in the state land planning agency's procedural rules.
1789	The local governing body shall also transmit a copy of the
1790	complete proposed comprehensive plan or plan amendment to any
1791	other unit of local government or government agency in the state
1792	that has filed a written request with the governing body for the
1793	plan or plan amendment. The local government may request a
1794	review by the state land planning agency pursuant to subsection
1795	(6) at the time of the transmittal of an amendment.
1796	(e)(b)  A local governing body shall not transmit portions
1797	of a plan or plan amendment unless it has previously provided to
1798	all state agencies designated by the state land planning agency
1799	a complete copy of its adopted comprehensive plan pursuant to
1800	subsection (7) and as specified in the agency's procedural
1801	rules. In the case of comprehensive plan amendments, the local
1802	governing body shall transmit to the state land planning agency,
1803	the appropriate regional planning council and water management
1804	district, the Department of Environmental Protection, the
1805	Department of State, and the Department of Transportation, and,
1806	in the case of municipal plans, to the appropriate county and,
1807	in the case of county plans, to the Fish and Wildlife
1808	Conservation Commission and the Department of Agriculture and
1809	Consumer Services the materials specified in the state land
1810	planning agency's procedural rules and, in cases in which the
1811	plan amendment is a result of an evaluation and appraisal report
1812	adopted pursuant to s. 163.3191, a copy of the evaluation and
1813	appraisal report. Local governing bodies shall consolidate all
1814	proposed plan amendments into a single submission for each of
1815	the two plan amendment adoption dates during the calendar year
1816	pursuant to s. 163.3187.
1817	(f)(c)  A local government may adopt a proposed plan
1818	amendment previously transmitted pursuant to this subsection,
1819	unless review is requested or otherwise initiated pursuant to
1820	subsection (6).
1821	(g)(d)  In cases in which a local government transmits
1822	multiple individual amendments that can be clearly and legally
1823	separated and distinguished for the purpose of determining
1824	whether to review the proposed amendment, and the state land
1825	planning agency elects to review several or a portion of the
1826	amendments and the local government chooses to immediately adopt
1827	the remaining amendments not reviewed, the amendments
1828	immediately adopted and any reviewed amendments that the local
1829	government subsequently adopts together constitute one amendment
1830	cycle in accordance with s. 163.3187(1).
1831	(4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1832	specified in paragraph (3)(d)(a) shall provide comments to the
1833	state land planning agency within 30 days after receipt by the
1834	state land planning agency of the complete proposed plan
1835	amendment. If the plan or plan amendment includes or relates to
1836	the public school facilities element pursuant to s.
1837	163.3177(12), the state land planning agency shall submit a copy
1838	to the Office of Educational Facilities of the Commissioner of
1839	Education for review and comment. The appropriate regional
1840	planning council shall also provide its written comments to the
1841	state land planning agency within 45 30 days after receipt by
1842	the state land planning agency of the complete proposed plan
1843	amendment and shall specify any objections, recommendations for
1844	modifications, and comments of any other regional agencies to
1845	which the regional planning council may have referred the
1846	proposed plan amendment. Written comments submitted by the
1847	public within 45 30 days after notice of transmittal by the
1848	local government of the proposed plan amendment will be
1849	considered as if submitted by governmental agencies. All written
1850	agency and public comments must be made part of the file
1851	maintained under subsection (2).
1852	(6)  STATE LAND PLANNING AGENCY REVIEW.--
1853	(a)  The state land planning agency shall review a proposed
1854	plan amendment upon request of a regional planning council,
1855	affected person, or local government transmitting the plan
1856	amendment. The request from the regional planning council or
1857	affected person must be received within 45 30 days after
1858	transmittal of the proposed plan amendment pursuant to
1859	subsection (3). A regional planning council or affected person
1860	requesting a review shall do so by submitting a written request
1861	to the agency with a notice of the request to the local
1862	government and any other person who has requested notice.
1863	(d)  The state land planning agency review shall identify
1864	all written communications with the agency regarding the
1865	proposed plan amendment. If the state land planning agency does
1866	not issue such a review, it shall identify in writing to the
1867	local government all written communications received 45 30 days
1868	after transmittal. The written identification must include a
1869	list of all documents received or generated by the agency, which
1870	list must be of sufficient specificity to enable the documents
1871	to be identified and copies requested, if desired, and the name
1872	of the person to be contacted to request copies of any
1873	identified document. The list of documents must be made a part
1874	of the public records of the state land planning agency.
1875	(7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
1876	OR AMENDMENTS AND TRANSMITTAL.--
1877	(a)  The local government shall review the written comments
1878	submitted to it by the state land planning agency, and any other
1879	person, agency, or government. Any comments, recommendations, or
1880	objections and any reply to them are shall be public documents,
1881	a part of the permanent record in the matter, and admissible in
1882	any proceeding in which the comprehensive plan or plan amendment
1883	may be at issue. The local government, upon receipt of written
1884	comments from the state land planning agency, shall have 120
1885	days to adopt or adopt with changes the proposed comprehensive
1886	plan or s. 163.3191 plan amendments. In the case of
1887	comprehensive plan amendments other than those proposed pursuant
1888	to s. 163.3191, the local government shall have 60 days to adopt
1889	the amendment, adopt the amendment with changes, or determine
1890	that it will not adopt the amendment. The adoption of the
1891	proposed plan or plan amendment or the determination not to
1892	adopt a plan amendment, other than a plan amendment proposed
1893	pursuant to s. 163.3191, shall be made in the course of a public
1894	hearing pursuant to subsection (15). If a local government fails
1895	to adopt the comprehensive plan or plan amendment within the
1896	timeframe set forth in this subsection, the plan or plan
1897	amendment shall be deemed abandoned and may not be considered
1898	until the next available amendment cycle pursuant to this
1899	section and s. 163.3187. However, if the applicant or local
1900	government, prior to the expiration of such timeframe, notifies
1901	the state land planning agency that the applicant or local
1902	government is proceeding in good faith to adopt the plan
1903	amendment, the state land planning agency shall grant one or
1904	more extensions not to exceed a total of 360 days from the
1905	issuance of the agency report or comments. During the pendency
1906	of any such extension, the applicant or local government shall
1907	provide to the state land planning agency a status report every
1908	90 days identifying the items continuing to be addressed and the
1909	manners in which the items are being addressed. The local
1910	government shall transmit the complete adopted comprehensive
1911	plan or plan amendment, including the names and addresses of
1912	persons compiled pursuant to paragraph (15)(c), to the state
1913	land planning agency as specified in the agency's procedural
1914	rules within 10 working days after adoption. The local governing
1915	body shall also transmit a copy of the adopted comprehensive
1916	plan or plan amendment to the regional planning agency and to
1917	any other unit of local government or governmental agency in the
1918	state that has filed a written request with the governing body
1919	for a copy of the plan or plan amendment.
1920	(15)  PUBLIC HEARINGS.--
1921	(b)  The local governing body shall hold at least two
1922	advertised public hearings on the proposed comprehensive plan or
1923	plan amendment as follows:
1924	1.  The first public hearing shall be held at the
1925	transmittal stage pursuant to subsection (3). It shall be held
1926	on a weekday at least 7 days after the day that the first
1927	advertisement is published.
1928	2.  The second public hearing shall be held at the adoption
1929	stage pursuant to subsection (7). It shall be held on a weekday
1930	at least 5 days after the day that the second advertisement is
1931	published. The comprehensive plan or plan amendment to be
1932	considered for adoption must be available to the public at least
1933	5 days before the hearing, including through the local
1934	government's website if one is maintained. The proposed
1935	comprehensive plan amendment may not be altered during the 5
1936	days prior to the hearing if the alteration increases the
1937	permissible density, intensity, or height or decreases the
1938	minimum buffers, setbacks, or open space. If the amendment is
1939	altered in such manner during this time period or at the public
1940	hearing, the public hearing shall be continued to the next
1941	meeting of the local governing body. As part of the adoption
1942	package, the local government shall certify in writing to the
1943	state land planning agency that the local government has
1944	complied with this subsection.
1945	(c)  The local government shall provide a sign-in form at
1946	the transmittal hearing and at the adoption hearing for persons
1947	to provide their names and mailing and electronic addresses. The
1948	sign-in form must advise that any person providing the requested
1949	information will receive a courtesy informational statement
1950	concerning publications of the state land planning agency's
1951	notice of intent. The local government shall add to the sign-in
1952	form the name and address of any person who submits written
1953	comments concerning the proposed plan or plan amendment during
1954	the time period between the commencement of the transmittal
1955	hearing and the end of the adoption hearing. It is the
1956	responsibility of the person completing the form or providing
1957	written comments to accurately, completely, and legibly provide
1958	all information needed in order to receive the courtesy
1959	informational statement.
1960	(17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN
1961	AMENDMENTS.--A local government that has adopted a community
1962	vision and urban service boundary under s. 163.3177(13) and (14)
1963	may adopt a plan amendment related to map amendments solely to
1964	property within an urban service boundary in the manner
1965	described in subsections (1), (2), (7), (14), (15), and (16) and
1966	s. 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
1967	regional agency review is eliminated. The department may not
1968	issue an objections, recommendations, and comments report on
1969	proposed plan amendments or a notice of intent on adopted plan
1970	amendments; however, affected persons, as defined by paragraph
1971	(1)(a), may file a petition for administrative review pursuant
1972	to the requirements of s. 163.3187(3)(a) to challenge the
1973	compliance of an adopted plan amendment. This subsection does
1974	not apply to any amendment within an area of critical state
1975	concern, to any amendment that increases residential densities
1976	allowable in high-hazard coastal areas as defined in s.
1977	163.3178(2)(h), or to a text change to the goals, policies, or
1978	objectives of the local government's comprehensive plan.
1979	Amendments submitted under this subsection are exempt from the
1980	limitation on the frequency of plan amendments in s. 163.3187.
1981	(17)(18)  URBAN INFILL AND REDEVELOPMENT PLAN
1982	AMENDMENTS.--A municipality that has a designated urban infill
1983	and redevelopment area under s. 163.2517 may adopt a plan
1984	amendment related to map amendments solely to property within a
1985	designated urban infill and redevelopment area in the manner
1986	described in subsections (1), (2), (7), (14), (15), and (16) and
1987	s. 163.3187(1)(b)3.a.(IV) and (V), b., and c. 163.3187(1)(c)1.d.
1988	and e., 2., and 3., such that state and regional agency review
1989	is eliminated. The department may not issue an objections,
1990	recommendations, and comments report on proposed plan amendments
1991	or a notice of intent on adopted plan amendments; however,
1992	affected persons, as defined by paragraph (1)(a), may file a
1993	petition for administrative review pursuant to the requirements
1994	of s. 163.3187(3)(a) to challenge the compliance of an adopted
1995	plan amendment. This subsection does not apply to any amendment
1996	within an area of critical state concern, to any amendment that
1997	increases residential densities allowable in high-hazard coastal
1998	areas as defined in s. 163.3178(2)(h), or to a text change to
1999	the goals, policies, or objectives of the local government's
2000	comprehensive plan. Amendments submitted under this subsection
2001	are exempt from the limitation on the frequency of plan
2002	amendments in s. 163.3187.
2003	(18)(19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.--Any
2004	local government that identifies in its comprehensive plan the
2005	types of housing developments and conditions for which it will
2006	consider plan amendments that are consistent with the local
2007	housing incentive strategies identified in s. 420.9076 and
2008	authorized by the local government may expedite consideration of
2009	such plan amendments. At least 30 days prior to adopting a plan
2010	amendment pursuant to this subsection, the local government
2011	shall notify the state land planning agency of its intent to
2012	adopt such an amendment, and the notice shall include the local
2013	government's evaluation of site suitability and availability of
2014	facilities and services. A plan amendment considered under this
2015	subsection shall require only a single public hearing before the
2016	local governing body, which shall be a plan amendment adoption
2017	hearing as described in subsection (7). The public notice of the
2018	hearing required under subparagraph (15)(b)2. must include a
2019	statement that the local government intends to use the expedited
2020	adoption process authorized under this subsection. The state
2021	land planning agency shall issue its notice of intent required
2022	under subsection (8) within 30 days after determining that the
2023	amendment package is complete. Any further proceedings shall be
2024	governed by subsections (9)-(16).
2025	(19)  PLAN AMENDMENTS IN RURAL AREAS OF CRITICAL ECONOMIC
2026	CONCERN.--
2027	(a)  A local government that is located in a rural area of
2028	critical economic concern designated pursuant to s. 288.0656(7)
2029	may request the Rural Economic Development Initiative to provide
2030	assistance in the preparation of plan amendments that will
2031	further economic activity consistent with the purpose of s.
2032	288.0656.
2033	(b)  A plan map amendment related solely to property within
2034	a site selected for a designated catalyst project pursuant to s.
2035	288.0656(7)(c) and that receives Rural Economic Development
2036	Initiative assistance pursuant to s. 288.0656(8) is subject to
2037	the alternative state review process in s. 163.32465(3)-(6). Any
2038	special area plan policies or map notations directly related to
2039	the map amendment may be adopted at the same time and in the
2040	same manner as the adoption of the map amendment.
2041	(20)  RURAL ECONOMIC DEVELOPMENT CENTERS.--
2042	(a)  The Legislature recognizes and finds that:
2043	1.  There are a number of facilities throughout the state
2044	that process, produce, or aid in the production or distribution
2045	of a variety of agriculturally based products, such as fruits,
2046	vegetables, timber, and other crops, as well as juices, paper,
2047	and building materials. These agricultural industrial facilities
2048	often have a significant amount of existing associated
2049	infrastructure that is used for the processing, production, or
2050	distribution of agricultural products.
2051	2.  Such rural centers of economic development often are
2052	located within or near communities in which the economy is
2053	largely dependent upon agriculture and agriculturally based
2054	products. These rural centers of economic development
2055	significantly enhance the economy of such communities. However,
2056	such agriculturally based communities often are
2057	socioeconomically challenged and many such communities have been
2058	designated as rural areas of critical economic concern.
2059	3.  If these rural centers of economic development are lost
2060	and not replaced with other job-creating enterprises, these
2061	communities will lose a substantial amount of their economies.
2062	The economies and employment bases of such communities should be
2063	diversified in order to protect against changes in national and
2064	international agricultural markets, land use patterns, weather,
2065	pests, or diseases or other events that could result in existing
2066	facilities within rural centers of economic development being
2067	permanently closed or temporarily shut down, ultimately
2068	resulting in an economic crisis for these communities.
2069	4.  It is a compelling state interest to preserve the
2070	viability of agriculture in this state and to protect rural and
2071	agricultural communities and the state from the economic
2072	upheaval that could result from short-term or long-term adverse
2073	changes in the agricultural economy. An essential part of
2074	protecting such communities while protecting viable agriculture
2075	for the long term is to encourage diversification of the
2076	employment base within rural centers of economic development for
2077	the purpose of providing jobs that are not solely dependent upon
2078	agricultural operations and to encourage the creation and
2079	expansion of industries that use agricultural products in
2080	innovative or new ways.
2081	(b)  For purposes of this subsection, the term "rural
2082	center of economic development" means a developed parcel or
2083	parcels of land in an unincorporated area:
2084	1.  On which there exists an operating facility or
2085	facilities, which employ at least 200 full-time employees, in
2086	the aggregate, used for processing and preparing for transport a
2087	farm product as defined in s. 163.3162 or any biomass material
2088	that could be used, directly or indirectly, for the production
2089	of fuel, renewable energy, bioenergy, or alternative fuel as
2090	defined by state law.
2091	2.  Including all contiguous lands at the site which are
2092	not used for cultivation of crops, but are still associated with
2093	the operation of such a facility or facilities.
2094	3.  Located within rural areas of critical economic concern
2095	or located in a county any portion of which has been designated
2096	as an area of critical economic concern as of January 1, 2008.
2097	(c)  Landowners within a rural center of economic
2098	development may apply for an amendment to the local government
2099	comprehensive plan for the purpose of expanding the industrial
2100	uses or facilities associated with the center or expanding the
2101	existing center to include industrial uses or facilities that
2102	are not dependent upon agriculture but that would diversify the
2103	local economy. An application for a comprehensive plan amendment
2104	under this paragraph may not increase the physical area of the
2105	rural center of economic development by more than 50 percent of
2106	the existing area unless the applicant demonstrates that
2107	infrastructure capacity exists or can be provided to support the
2108	improvements as required by the applicable sections of this
2109	chapter. Any single application may not increase the physical
2110	area of the existing rural center of economic development by
2111	more than 200 percent or 320 acres, whichever is less. Such
2112	amendment must propose projects that would create, upon
2113	completion, at least 50 new full-time jobs, and an applicant is
2114	encouraged to propose projects that would promote and further
2115	economic activity in the area consistent with the purpose of s.
2116	288.0656. Such amendment is presumed to be consistent with rule
2117	9J-5.006(5), Florida Administrative Code, and may include land
2118	uses and intensities of use consistent and compatible with the
2119	uses and intensities of use of the rural center of economic
2120	development. Such presumption may be rebutted by clear and
2121	convincing evidence.
2122	Section 8.  Section 163.3187, Florida Statutes, is amended
2123	to read:
2124	163.3187  Amendment of adopted comprehensive plan.--
2125	(1)  Amendments to comprehensive plans may be transmitted
2126	and adopted pursuant to this part may be made not more than once
2127	two times during any calendar year, with the following
2128	exceptions except:
2129	(a)  Local governments may transmit and adopt the following
2130	comprehensive plan amendments twice during any calendar year:
2131	1.  Future land use map amendments and special area
2132	policies associated with those map amendments for land within
2133	areas designated in the comprehensive plan for downtown
2134	revitalization pursuant to s. 163.3164(25), urban redevelopment
2135	pursuant to s. 163.3164(26), urban infill development pursuant
2136	to s. 163.3164(27), urban infill and redevelopment pursuant to
2137	s. 163.2517, or an urban service area pursuant to s.
2138	163.3180(5)(b)2.
2139	2.  Any local government comprehensive plan amendment
2140	establishing or implementing a rural land stewardship area
2141	pursuant to s. 163.3177(11)(d) or a sector plan pursuant to s.
2142	163.3245.
2143	(b)  The following amendments may be adopted by the local
2144	government at any time during a calendar year without regard for
2145	the frequency restrictions set forth in subparagraph (a)1.:
2146	1.(a)  Any local government comprehensive In the case of an
2147	emergency, comprehensive plan amendments may be made more often
2148	than twice during the calendar year if the additional plan
2149	amendment that is enacted in case of emergency and receives the
2150	approval of all of the members of the governing body. The term
2151	"emergency" means any occurrence or threat thereof whether
2152	accidental or natural, caused by humankind, in war or peace,
2153	which results or may result in substantial injury or harm to the
2154	population or substantial damage to or loss of property or
2155	public funds.
2156	2.(b)  Any local government comprehensive plan amendments
2157	directly related to a proposed development of regional impact,
2158	including changes which have been determined to be substantial
2159	deviations and including Florida Quality Developments pursuant
2160	to s. 380.061, may be initiated by a local planning agency and
2161	considered by the local governing body at the same time as the
2162	application for development approval using the procedures
2163	provided for local plan amendment in this section and applicable
2164	local ordinances, without regard to statutory or local ordinance
2165	limits on the frequency of consideration of amendments to the
2166	local comprehensive plan. Nothing in this subsection shall be
2167	deemed to require favorable consideration of a plan amendment
2168	solely because it is related to a development of regional
2169	impact.
2170	3.(c)  Any local government comprehensive plan amendments
2171	directly related to proposed small scale development activities
2172	may be approved without regard to statutory limits on the
2173	frequency of consideration of amendments to the local
2174	comprehensive plan. A small scale development amendment may be
2175	adopted only under the following conditions:
2176	a.1.  The proposed amendment involves a use of 10 acres or
2177	fewer and:
2178	(I)a.  The cumulative annual effect of the acreage for all
2179	small scale development amendments adopted by the local
2180	government shall not exceed:
2181	(A)(I)  A maximum of 120 acres in a local government that
2182	contains areas specifically designated in the local
2183	comprehensive plan for urban infill, urban redevelopment, or
2184	downtown revitalization as defined in s. 163.3164, urban infill
2185	and redevelopment areas designated under s. 163.2517,
2186	transportation concurrency exception areas approved pursuant to
2187	s. 163.3180(5), or regional activity centers and urban central
2188	business districts approved pursuant to s. 380.06(2)(e);
2189	however, amendments under this subparagraph paragraph may be
2190	applied to no more than 60 acres annually of property outside
2191	the designated areas listed in this sub-sub-sub-subparagraph
2192	sub-sub-subparagraph. Amendments adopted pursuant to paragraph
2193	(k) shall not be counted toward the acreage limitations for
2194	small scale amendments under this paragraph.
2195	(B)(II)  A maximum of 80 acres in a local government that
2196	does not contain any of the designated areas set forth in sub-
2197	sub-sub-subparagraph (A) sub-sub-subparagraph (I).
2198	(C)(III)  A maximum of 120 acres in a county established
2199	pursuant to s. 9, Art. VIII of the State Constitution.
2200	(II)b.  The proposed amendment does not involve the same
2201	property granted a change within the prior 12 months.
2202	(III)c.  The proposed amendment does not involve the same
2203	owner's property within 200 feet of property granted a change
2204	within the prior 12 months.
2205	(IV)d.  The proposed amendment does not involve a text
2206	change to the goals, policies, and objectives of the local
2207	government's comprehensive plan, but only proposes a land use
2208	change to the future land use map for a site-specific small
2209	scale development activity.
2210	(V)e.  The property that is the subject of the proposed
2211	amendment is not located within an area of critical state
2212	concern, unless the project subject to the proposed amendment
2213	involves the construction of affordable housing units meeting
2214	the criteria of s. 420.0004(3), and is located within an area of
2215	critical state concern designated by s. 380.0552 or by the
2216	Administration Commission pursuant to s. 380.05(1). Such
2217	amendment is not subject to the density limitations of sub-sub-
2218	subparagraph (VI) sub-subparagraph f., and shall be reviewed by
2219	the state land planning agency for consistency with the
2220	principles for guiding development applicable to the area of
2221	critical state concern where the amendment is located and is
2222	shall not become effective until a final order is issued under
2223	s. 380.05(6).
2224	(VI)f.  If the proposed amendment involves a residential
2225	land use, the residential land use has a density of 10 units or
2226	less per acre or the proposed future land use category allows a
2227	maximum residential density of the same or less than the maximum
2228	residential density allowable under the existing future land use
2229	category, except that this limitation does not apply to small
2230	scale amendments involving the construction of affordable
2231	housing units meeting the criteria of s. 420.0004(3) on property
2232	which will be the subject of a land use restriction agreement,
2233	or small scale amendments described in sub-sub-sub-subparagraph
2234	(I)(A) sub-sub-subparagraph a.(I) that are designated in the
2235	local comprehensive plan for urban infill, urban redevelopment,
2236	or downtown revitalization as defined in s. 163.3164, urban
2237	infill and redevelopment areas designated under s. 163.2517,
2238	transportation concurrency exception areas approved pursuant to
2239	s. 163.3180(5), or regional activity centers and urban central
2240	business districts approved pursuant to s. 380.06(2)(e).
2241	b.(I)2.a.  A local government that proposes to consider a
2242	plan amendment pursuant to this subparagraph paragraph is not
2243	required to comply with the procedures and public notice
2244	requirements of s. 163.3184(15)(c) for such plan amendments if
2245	the local government complies with the provisions in s.
2246	125.66(4)(a) for a county or in s. 166.041(3)(c) for a
2247	municipality. If a request for a plan amendment under this
2248	subparagraph paragraph is initiated by other than the local
2249	government, public notice is required.
2250	(II)b.  The local government shall send copies of the
2251	notice and amendment to the state land planning agency, the
2252	regional planning council, and any other person or entity
2253	requesting a copy. This information shall also include a
2254	statement identifying any property subject to the amendment that
2255	is located within a coastal high-hazard area as identified in
2256	the local comprehensive plan.
2257	c.3.  Small scale development amendments adopted pursuant
2258	to this subparagraph paragraph require only one public hearing
2259	before the governing board, which shall be an adoption hearing
2260	as described in s. 163.3184(7), and are not subject to the
2261	requirements of s. 163.3184(3)-(6) unless the local government
2262	elects to have them subject to those requirements.
2263	d.4.  If the small scale development amendment involves a
2264	site within an area that is designated by the Governor as a
2265	rural area of critical economic concern under s. 288.0656(7) for
2266	the duration of such designation, the 10-acre limit listed in
2267	sub-subparagraph a. subparagraph 1. shall be increased by 100
2268	percent to 20 acres. The local government approving the small
2269	scale plan amendment shall certify to The Office of Tourism,
2270	Trade, and Economic Development shall certify that the plan
2271	amendment furthers the economic objectives set forth in the
2272	executive order issued under s. 288.0656(7)(a) 288.0656(7), and
2273	the local government shall certify that the property subject to
2274	the plan amendment shall undergo public review to ensure that
2275	all concurrency requirements and federal, state, and local
2276	environmental permit requirements are met.
2277	4.(d)  Any comprehensive plan amendment required by a
2278	compliance agreement pursuant to s. 163.3184(16) may be approved
2279	without regard to statutory limits on the frequency of adoption
2280	of amendments to the comprehensive plan.
2281	(e)  A comprehensive plan amendment for location of a state
2282	correctional facility. Such an amendment may be made at any time
2283	and does not count toward the limitation on the frequency of
2284	plan amendments.
2285	5.(f)  Any comprehensive plan amendment that changes the
2286	schedule in the capital improvements element, and any amendments
2287	directly related to the schedule, may be made once in a calendar
2288	year on a date different from the two times provided in this
2289	subsection when necessary to coincide with the adoption of the
2290	local government's budget and capital improvements program.
2291	(g)  Any local government comprehensive plan amendments
2292	directly related to proposed redevelopment of brownfield areas
2293	designated under s. 376.80 may be approved without regard to
2294	statutory limits on the frequency of consideration of amendments
2295	to the local comprehensive plan.
2296	6.(h)  Any comprehensive plan amendments for port
2297	transportation facilities and projects that are eligible for
2298	funding by the Florida Seaport Transportation and Economic
2299	Development Council pursuant to s. 311.07.
2300	(i)  A comprehensive plan amendment for the purpose of
2301	designating an urban infill and redevelopment area under s.
2302	163.2517 may be approved without regard to the statutory limits
2303	on the frequency of amendments to the comprehensive plan.
2304	7.(j)  Any comprehensive plan amendment to establish public
2305	school concurrency pursuant to s. 163.3180(13), including, but
2306	not limited to, adoption of a public school facilities element
2307	pursuant to s. 163.3177(12) and adoption of amendments to the
2308	capital improvements element and intergovernmental coordination
2309	element. In order to ensure the consistency of local government
2310	public school facilities elements within a county, such elements
2311	shall be prepared and adopted on a similar time schedule.
2312	(k)  A local comprehensive plan amendment directly related
2313	to providing transportation improvements to enhance life safety
2314	on Controlled Access Major Arterial Highways identified in the
2315	Florida Intrastate Highway System, in counties as defined in s.
2316	125.011, where such roadways have a high incidence of traffic
2317	accidents resulting in serious injury or death. Any such
2318	amendment shall not include any amendment modifying the
2319	designation on a comprehensive development plan land use map nor
2320	any amendment modifying the allowable densities or intensities
2321	of any land.
2322	8.(l)  A comprehensive plan amendment to adopt a public
2323	educational facilities element pursuant to s. 163.3177(12) and
2324	Future land-use-map amendments for school siting may be approved
2325	notwithstanding statutory limits on the frequency of adopting
2326	plan amendments.
2327	9.(m)  A comprehensive plan amendment that addresses
2328	criteria or compatibility of land uses adjacent to or in close
2329	proximity to military installations in a local government's
2330	future land use element does not count toward the limitation on
2331	the frequency of the plan amendments.
2332	(n)  Any local government comprehensive plan amendment
2333	establishing or implementing a rural land stewardship area
2334	pursuant to the provisions of s. 163.3177(11)(d).
2335	10.(o)  A comprehensive plan amendment that is submitted by
2336	an area designated by the Governor as a rural area of critical
2337	economic concern under s. 288.0656(7) and that meets the
2338	economic development objectives. Before the adoption of such an
2339	amendment, the local government shall obtain from the Office of
2340	Tourism, Trade, and Economic Development written certification
2341	that the plan amendment furthers the economic objectives set
2342	forth in the executive order issued under s. 288.0656(7) may be
2343	approved without regard to the statutory limits on the frequency
2344	of adoption of amendments to the comprehensive plan.
2345	11.(p)  Any local government comprehensive plan amendment
2346	that is consistent with the local housing incentive strategies
2347	identified in s. 420.9076 and authorized by the local
2348	government.
2349	12.  Any local government comprehensive plan amendment
2350	adopted pursuant to a final order issued by the Administration
2351	Commission or the Florida Land and Water Adjudicatory
2352	Commission.
2353	(2)  Comprehensive plans may only be amended in such a way
2354	as to preserve the internal consistency of the plan pursuant to
2355	s. 163.3177(2). Corrections, updates, or modifications of
2356	current costs which were set out as part of the comprehensive
2357	plan shall not, for the purposes of this act, be deemed to be
2358	amendments.
2359	(3)(a)  The state land planning agency shall not review or
2360	issue a notice of intent for small scale development amendments
2361	which satisfy the requirements of subparagraph (1)(b)3.
2362	paragraph (1)(c). Any affected person may file a petition with
2363	the Division of Administrative Hearings pursuant to ss. 120.569
2364	and 120.57 to request a hearing to challenge the compliance of a
2365	small scale development amendment with this act within 30 days
2366	following the local government's adoption of the amendment,
2367	shall serve a copy of the petition on the local government, and
2368	shall furnish a copy to the state land planning agency. An
2369	administrative law judge shall hold a hearing in the affected
2370	jurisdiction not less than 30 days nor more than 60 days
2371	following the filing of a petition and the assignment of an
2372	administrative law judge. The parties to a hearing held pursuant
2373	to this subsection shall be the petitioner, the local
2374	government, and any intervenor. In the proceeding, the local
2375	government's determination that the small scale development
2376	amendment is in compliance is presumed to be correct. The local
2377	government's determination shall be sustained unless it is shown
2378	by a preponderance of the evidence that the amendment is not in
2379	compliance with the requirements of this act. In any proceeding
2380	initiated pursuant to this subsection, the state land planning
2381	agency may intervene.
2382	(b)1.  If the administrative law judge recommends that the
2383	small scale development amendment be found not in compliance,
2384	the administrative law judge shall submit the recommended order
2385	to the Administration Commission for final agency action. If the
2386	administrative law judge recommends that the small scale
2387	development amendment be found in compliance, the administrative
2388	law judge shall submit the recommended order to the state land
2389	planning agency.
2390	2.  If the state land planning agency determines that the
2391	plan amendment is not in compliance, the agency shall submit,
2392	within 30 days following its receipt, the recommended order to
2393	the Administration Commission for final agency action. If the
2394	state land planning agency determines that the plan amendment is
2395	in compliance, the agency shall enter a final order within 30
2396	days following its receipt of the recommended order.
2397	(c)  Small scale development amendments shall not become
2398	effective until 31 days after adoption. If challenged within 30
2399	days after adoption, small scale development amendments shall
2400	not become effective until the state land planning agency or the
2401	Administration Commission, respectively, issues a final order
2402	determining the adopted small scale development amendment is in
2403	compliance. However, a small-scale amendment shall not become
2404	effective until it has been submitted to the state land planning
2405	agency as required by sub-sub-subparagraph (1)(b)3.b.(I).
2406	(4)  Each governing body shall transmit to the state land
2407	planning agency a current copy of its comprehensive plan not
2408	later than December 1, 1985. Each governing body shall also
2409	transmit copies of any amendments it adopts to its comprehensive
2410	plan so as to continually update the plans on file with the
2411	state land planning agency.
2412	(5)  Nothing in this part is intended to prohibit or limit
2413	the authority of local governments to require that a person
2414	requesting an amendment pay some or all of the cost of public
2415	notice.
2416	(6)(a)  A No local government may not amend its
2417	comprehensive plan after the date established by the state land
2418	planning agency for adoption of its evaluation and appraisal
2419	report unless it has submitted its report or addendum to the
2420	state land planning agency as prescribed by s. 163.3191, except
2421	for plan amendments described in subparagraph (1)(b)2. paragraph
2422	(1)(b) or subparagraph (1)(b)6. paragraph (1)(h).
2423	(b)  A local government may amend its comprehensive plan
2424	after it has submitted its adopted evaluation and appraisal
2425	report and for a period of 1 year after the initial
2426	determination of sufficiency regardless of whether the report
2427	has been determined to be insufficient.
2428	(c)  A local government may not amend its comprehensive
2429	plan, except for plan amendments described in subparagraph
2430	(1)(b)2. paragraph (1)(b), if the 1-year period after the
2431	initial sufficiency determination of the report has expired and
2432	the report has not been determined to be sufficient.
2433	(d)  When the state land planning agency has determined
2434	that the report has sufficiently addressed all pertinent
2435	provisions of s. 163.3191, the local government may amend its
2436	comprehensive plan without the limitations imposed by paragraph
2437	(a) or paragraph (c).
2438	(e)  Any plan amendment which a local government attempts
2439	to adopt in violation of paragraph (a) or paragraph (c) is
2440	invalid, but such invalidity may be overcome if the local
2441	government readopts the amendment and transmits the amendment to
2442	the state land planning agency pursuant to s. 163.3184(7) after
2443	the report is determined to be sufficient.
2444	Section 9.  Subsection (1) of section 163.3245, Florida
2445	Statutes, is amended to read:
2446	163.3245  Optional sector plans.--
2447	(1)  In recognition of the benefits of conceptual long-
2448	range planning for the buildout of an area, and detailed
2449	planning for specific areas, as a demonstration project, the
2450	requirements of s. 380.06 may be addressed as identified by this
2451	section for up to 10 five local governments or combinations of
2452	local governments that which adopt into the comprehensive plan
2453	an optional sector plan in accordance with this section. This
2454	section is intended to further the intent of s. 163.3177(11),
2455	which supports innovative and flexible planning and development
2456	strategies, and the purposes of this part, and part I of chapter
2457	380, and to avoid duplication of effort in terms of the level of
2458	data and analysis required for a development of regional impact,
2459	while ensuring the adequate mitigation of impacts to applicable
2460	regional resources and facilities, including those within the
2461	jurisdiction of other local governments, as would otherwise be
2462	provided. Optional sector plans are intended for substantial
2463	geographic areas that include including at least 5,000 acres of
2464	one or more local governmental jurisdictions and are to
2465	emphasize urban form and protection of regionally significant
2466	resources and facilities. The state land planning agency may
2467	approve optional sector plans of less than 5,000 acres based on
2468	local circumstances if it is determined that the plan would
2469	further the purposes of this part and part I of chapter 380.
2470	Preparation of an optional sector plan is authorized by
2471	agreement between the state land planning agency and the
2472	applicable local governments under s. 163.3171(4). An optional
2473	sector plan may be adopted through one or more comprehensive
2474	plan amendments under s. 163.3184. However, an optional sector
2475	plan may not be authorized in an area of critical state concern.
2476	Section 10.  Paragraph (a) of subsection (1), subsection
2477	(2), paragraphs (b) and (c) of subsection (3), paragraph (b) of
2478	subsection (4), paragraphs (b), (c), and (g) of subsection (6),
2479	and subsection (7) of section 163.32465, Florida Statutes, are
2480	amended to read:
2481	163.32465  State review of local comprehensive plans in
2482	urban areas.--
2483	(1)  LEGISLATIVE FINDINGS.--
2484	(a)  The Legislature finds that local governments in this
2485	state have a wide diversity of resources, conditions, abilities,
2486	and needs. The Legislature also finds that the needs and
2487	resources of urban areas are different from those of rural areas
2488	and that different planning and growth management approaches,
2489	strategies, and techniques are required in urban areas. The
2490	state role in overseeing growth management should reflect this
2491	diversity and should vary based on local government conditions,
2492	capabilities, and needs, and the extent and type of development.
2493	Thus, the Legislature recognizes and finds that reduced state
2494	oversight of local comprehensive planning is justified for some
2495	local governments in urban areas.
2496	(2)  ALTERNATIVE STATE REVIEW PROCESS PILOT
2497	PROGRAM.--Pinellas and Broward Counties, and the municipalities
2498	within these counties, and Jacksonville, Miami, Tampa, and
2499	Hialeah shall follow an alternative state review process
2500	provided in this section. Municipalities within the pilot
2501	counties may elect, by super majority vote of the governing
2502	body, not to participate in the pilot program. In addition, any
2503	local government may elect, by simple majority vote, for the
2504	alternative state review process to apply to future land use map
2505	amendments and associated special area policies within areas
2506	designated in a comprehensive plan for downtown revitalization
2507	pursuant to s. 163.3164, urban redevelopment pursuant to s.
2508	163.3164, urban infill development pursuant to s. 163.3164, an
2509	urban service area pursuant to s. 163.3180(5)(b)2. or multimodal
2510	districts pursuant to s. 163.3180(15) or for plan map amendments
2511	related to catalyst projects pursuant to s. 163.3184(19).  At
2512	the public meeting for the election of the alternative process,
2513	the local government shall adopt by ordinance standards for
2514	ensuring compatible uses the local government will consider in
2515	evaluating future land use amendments within such areas. Local
2516	governments shall provide the state land planning agency with
2517	notification as to their election to use the alternative state
2518	review process. The local government's determination to
2519	participate in the pilot program shall be applied to all future
2520	amendments.
2521	(3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
2522	UNDER THE PILOT PROGRAM.--
2523	(b)  Amendments that qualify as small-scale development
2524	amendments may continue to be adopted by the pilot program
2525	jurisdictions pursuant to s. 163.3187(1)(c) and (3).
2526	(c)  Plan amendments that propose a rural land stewardship
2527	area pursuant to s. 163.3177(11)(d); propose an optional sector
2528	plan; update a comprehensive plan based on an evaluation and
2529	appraisal report; implement new statutory requirements not
2530	previously incorporated into a comprehensive plan; or new plans
2531	for newly incorporated municipalities are subject to state
2532	review as set forth in s. 163.3184.
2533	(4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
2534	PILOT PROGRAM.--
2535	(b)  The agencies and local governments specified in
2536	paragraph (a) may provide comments regarding the amendment or
2537	amendments to the local government. The regional planning
2538	council review and comment shall be limited to effects on
2539	regional resources or facilities identified in the strategic
2540	regional policy plan and extrajurisdictional impacts that would
2541	be inconsistent with the comprehensive plan of the affected
2542	local government. A regional planning council shall not review
2543	and comment on a proposed comprehensive plan amendment prepared
2544	by such council unless the plan amendment has been changed by
2545	the local government subsequent to the preparation of the plan
2546	amendment by the regional planning council. County comments on
2547	municipal comprehensive plan amendments shall be primarily in
2548	the context of the relationship and effect of the proposed plan
2549	amendments on the county plan. Municipal comments on county plan
2550	amendments shall be primarily in the context of the relationship
2551	and effect of the amendments on the municipal plan. State agency
2552	comments may include technical guidance on issues of agency
2553	jurisdiction as it relates to the requirements of this part.
2554	Such comments shall clearly identify issues that, if not
2555	resolved, may result in an agency challenge to the plan
2556	amendment. For the purposes of this pilot program, agencies are
2557	encouraged to focus potential challenges on issues of regional
2558	or statewide importance. Agencies and local governments must
2559	transmit their comments to the affected local government such
2560	that they are received by the local government not later than 30
2561	thirty days from the date on which the agency or government
2562	received the amendment or amendments. Any comments from the
2563	agencies and local governments shall also be transmitted to the
2564	state land planning agency.
2565	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
2566	PROGRAM.--
2567	(b)  The state land planning agency may file a petition
2568	with the Division of Administrative Hearings pursuant to ss.
2569	120.569 and 120.57, with a copy served on the affected local
2570	government, to request a formal hearing. This petition must be
2571	filed with the Division within 30 days after the state land
2572	planning agency notifies the local government that the plan
2573	amendment package is complete. For purposes of this section, an
2574	amendment shall be deemed complete if it contains a full,
2575	executed copy of the adoption ordinance or ordinances; in the
2576	case of a text amendment, a full copy of the amended language in
2577	legislative format with new words inserted in the text
2578	underlined, and words to be deleted lined through with hyphens;
2579	in the case of a future land use map amendment, a copy of the
2580	future land use map clearly depicting the parcel, its existing
2581	future land use designation, and its adopted designation; and a
2582	copy of any data and analyses the local government deems
2583	appropriate. The state land planning agency shall notify the
2584	local government of any deficiencies within 5 working days of
2585	receipt of an amendment package that the package is complete or
2586	identify any deficiencies regarding completeness.
2587	(c)  The state land planning agency's challenge shall be
2588	limited to those issues raised in the comments provided by the
2589	reviewing agencies pursuant to paragraph (4)(b) that were
2590	clearly identified in the agency comments as an issue that may
2591	result in an agency challenge. The state land planning agency
2592	may challenge a plan amendment that has substantially changed
2593	from the version on which the agencies provided comments. For
2594	the purposes of this pilot program, the Legislature strongly
2595	encourages the state land planning agency to focus any challenge
2596	on issues of regional or statewide importance.
2597	(g)  An amendment adopted under the expedited provisions of
2598	this section shall not become effective until the time period
2599	for filing a challenge under paragraph (a) has expired 31 days
2600	after adoption. If timely challenged, an amendment shall not
2601	become effective until the state land planning agency or the
2602	Administration Commission enters a final order determining the
2603	adopted amendment to be in compliance.
2604	(7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
2605	GOVERNMENTS.--Local governments and specific areas that have
2606	been designated for alternate review process pursuant to ss.
2607	163.3246 and 163.3184(17) and (18) are not subject to this
2608	section.
2609	Section 11.  Section 163.351, Florida Statutes, is created
2610	to read:
2611	163.351  Reporting requirements for community redevelopment
2612	agencies.--Each community redevelopment agency shall annually:
2613	(1)  By March 31, file with the governing body a report
2614	describing the progress made on each public project in the
2615	redevelopment plan which was funded during the preceding fiscal
2616	year and summarizing activities that, as of the end of the
2617	fiscal year, are planned for the upcoming fiscal year. On the
2618	date that the report is filed, the agency shall publish in a
2619	newspaper of general circulation in the community a notice that
2620	the report has been filed with the county or municipality and is
2621	available for inspection during business hours in the office of
2622	the clerk of the county or municipality and in the office of the
2623	agency.
2624	(2)  Provide the reports or information that a dependent
2625	special district is required to file under chapter 189 to the
2626	Department of Community Affairs.
2627	(3)  Provide the reports or information required under ss.
2628	218.32, 218.38, and 218.39 to the Department of Financial
2629	Services.
2630	Section 12.  Paragraph (c) of subsection (3) of section
2631	163.356, Florida Statutes, is amended to read:
2632	163.356  Creation of community redevelopment agency.--
2633	(3)
2634	(c)  The governing body of the county or municipality shall
2635	designate a chair and vice chair from among the commissioners.
2636	An agency may employ an executive director, technical experts,
2637	and such other agents and employees, permanent and temporary, as
2638	it requires, and determine their qualifications, duties, and
2639	compensation. For such legal service as it requires, an agency
2640	may employ or retain its own counsel and legal staff. An agency
2641	authorized to transact business and exercise powers under this
2642	part shall file with the governing body, on or before March 31
2643	of each year, a report of its activities for the preceding
2644	fiscal year, which report shall include a complete financial
2645	statement setting forth its assets, liabilities, income, and
2646	operating expenses as of the end of such fiscal year. At the
2647	time of filing the report, the agency shall publish in a
2648	newspaper of general circulation in the community a notice to
2649	the effect that such report has been filed with the county or
2650	municipality and that the report is available for inspection
2651	during business hours in the office of the clerk of the city or
2652	county commission and in the office of the agency.
2653	Section 13.  Paragraph (d) is added to subsection (3) of
2654	section 163.370, Florida Statutes, to read:
2655	163.370  Powers; counties and municipalities; community
2656	redevelopment agencies.--
2657	(3)  The following projects may not be paid for or financed
2658	by increment revenues:
2659	(d)  The substitution of increment revenues as security or
2660	payment for existing debt currently committed to pay debt
2661	service on existing structures or projects that are completed
2662	and operating.
2663	Section 14.  Subsections (6) and (8) of section 163.387,
2664	Florida Statutes, are amended to read:
2665	163.387  Redevelopment trust fund.--
2666	(6)  Moneys in the redevelopment trust fund may be expended
2667	from time to time for undertakings of a community redevelopment
2668	agency as described in the community redevelopment plan. Such
2669	expenditures may include for the following purposes, including,
2670	but are not limited to:
2671	(a)  Administrative and overhead expenses necessary or
2672	incidental to the implementation of a community redevelopment
2673	plan adopted by the agency.
2674	(b)  Expenses of redevelopment planning, surveys, and
2675	financial analysis, including the reimbursement of the governing
2676	body, any taxing authority, or the community redevelopment
2677	agency for such expenses incurred before the redevelopment plan
2678	was approved and adopted.
2679	(c)  Expenses related to the promotion or marketing of
2680	projects or activities in the redevelopment area which are
2681	sponsored by the community redevelopment agency.
2682	(d)(c)  The acquisition of real property in the
2683	redevelopment area.
2684	(e)(d)  The clearance and preparation of any redevelopment
2685	area for redevelopment and relocation of site occupants within
2686	or outside the community redevelopment area as provided in s.
2687	163.370.
2688	(f)(e)  The repayment of principal and interest or any
2689	redemption premium for loans, advances, bonds, bond anticipation
2690	notes, and any other form of indebtedness.
2691	(g)(f)  All expenses incidental to or connected with the
2692	issuance, sale, redemption, retirement, or purchase of bonds,
2693	bond anticipation notes, or other form of indebtedness,
2694	including funding of any reserve, redemption, or other fund or
2695	account provided for in the ordinance or resolution authorizing
2696	such bonds, notes, or other form of indebtedness.
2697	(h)(g)  The development of affordable housing within the
2698	community redevelopment area.
2699	(i)(h)  The development of Community policing innovations.
2700	(j)  The provision of law enforcement, fire rescue, or
2701	emergency medical services if the community redevelopment area
2702	has been in existence for at least 5 years.
2703
2704	This listing of types of expenditures is not an exclusive list
2705	of the expenditures that may be made under this subsection and
2706	is intended only to provide examples of some of the activities,
2707	projects, or expenses for which an expenditure may be made under
2708	this subsection.
2709	(8)  Each community redevelopment agency shall provide for
2710	an audit of the trust fund each fiscal year and a report of such
2711	audit to be prepared by an independent certified public
2712	accountant or firm. Such report shall describe the amount and
2713	source of deposits into, and the amount and purpose of
2714	withdrawals from, the trust fund during such fiscal year and the
2715	amount of principal and interest paid during such year on any
2716	indebtedness to which increment revenues are pledged and the
2717	remaining amount of such indebtedness. The agency shall provide
2718	by registered mail a copy of the report to each taxing
2719	authority.
2720	Section 15.  Paragraphs (b) and (e) of subsection (2) of
2721	section 288.0655, Florida Statutes, are amended to read:
2722	288.0655  Rural Infrastructure Fund.--
2723	(2)
2724	(b)  To facilitate access of rural communities and rural
2725	areas of critical economic concern as defined by the Rural
2726	Economic Development Initiative to infrastructure funding
2727	programs of the Federal Government, such as those offered by the
2728	United States Department of Agriculture and the United States
2729	Department of Commerce, and state programs, including those
2730	offered by Rural Economic Development Initiative agencies, and
2731	to facilitate local government or private infrastructure funding
2732	efforts, the office may award grants for up to 30 percent of the
2733	total infrastructure project cost. If an application for funding
2734	is for a catalyst site, as defined in s. 288.0656, the
2735	requirement for a local match may be waived. Eligible projects
2736	must be related to specific job-creation or job-retention
2737	opportunities. Eligible projects may also include improving any
2738	inadequate infrastructure that has resulted in regulatory action
2739	that prohibits economic or community growth or reducing the
2740	costs to community users of proposed infrastructure improvements
2741	that exceed such costs in comparable communities. Eligible uses
2742	of funds shall include improvements to public infrastructure for
2743	industrial or commercial sites and upgrades to or development of
2744	public tourism infrastructure. Authorized infrastructure may
2745	include the following public or public-private partnership
2746	facilities: storm water systems; telecommunications facilities;
2747	roads or other remedies to transportation impediments; nature-
2748	based tourism facilities; or other physical requirements
2749	necessary to facilitate tourism, trade, and economic development
2750	activities in the community. Authorized infrastructure may also
2751	include publicly owned self-powered nature-based tourism
2752	facilities; and additions to the distribution facilities of the
2753	existing natural gas utility as defined in s. 366.04(3)(c), the
2754	existing electric utility as defined in s. 366.02, or the
2755	existing water or wastewater utility as defined in s.
2756	367.021(12), or any other existing water or wastewater facility,
2757	which owns a gas or electric distribution system or a water or
2758	wastewater system in this state where:
2759	1.  A contribution-in-aid of construction is required to
2760	serve public or public-private partnership facilities under the
2761	tariffs of any natural gas, electric, water, or wastewater
2762	utility as defined herein; and
2763	2.  Such utilities as defined herein are willing and able
2764	to provide such service.
2765	(e)  To enable local governments to access the resources
2766	available pursuant to s. 403.973(19), the office may award
2767	grants for surveys, feasibility studies, and other activities
2768	related to the identification and preclearance review of land
2769	which is suitable for preclearance review. Authorized grants
2770	under this paragraph shall not exceed $75,000 each, except in
2771	the case of a project in a rural area of critical economic
2772	concern, in which case the grant shall not exceed $300,000. Any
2773	funds awarded under this paragraph must be matched at a level of
2774	50 percent with local funds, except that any funds awarded for a
2775	project in a rural area of critical economic concern must be
2776	matched at a level of 33 percent with local funds. If an
2777	application for funding is for a catalyst site, as defined in s.
2778	288.0656, the office may award grants for up to 40 percent of
2779	the total infrastructure project cost. In evaluating
2780	applications under this paragraph, the office shall consider the
2781	extent to which the application seeks to minimize administrative
2782	and consultant expenses.
2783	Section 16.  Section 288.0656, Florida Statutes, is amended
2784	to read:
2785	288.0656  Rural Economic Development Initiative.--
2786	(1)(a)  Recognizing that rural communities and regions
2787	continue to face extraordinary challenges in their efforts to
2788	achieve significant improvements to their economies,
2789	specifically in terms of personal income, job creation, average
2790	wages, and strong tax bases, it is the intent of the Legislature
2791	to encourage and facilitate the location and expansion in such
2792	rural communities of major economic development projects of
2793	significant scale.
2794	(b)  The Rural Economic Development Initiative, known as
2795	"REDI," is created within the Office of Tourism, Trade, and
2796	Economic Development, and the participation of state and
2797	regional agencies in this initiative is authorized.
2798	(2)  As used in this section, the term:
2799	(a)  "Catalyst project" means a business locating or
2800	expanding in a rural area of critical economic concern that is
2801	likely to serve as an economic growth opportunity of regional
2802	significance for the growth of a regional target industry
2803	cluster. The project shall provide capital investment of
2804	significant scale that will affect the entire region and that
2805	will facilitate the development of high-wage and high-skill
2806	jobs.
2807	(b)  "Catalyst site" means a parcel or parcels of land
2808	within a rural area of critical economic concern that has been
2809	prioritized by representatives of the jurisdictions within the
2810	rural area of critical economic concern, reviewed by REDI, and
2811	approved by the Office of Tourism, Trade, and Economic
2812	Development for purposes of locating a catalyst project.
2813	(c)(a)  "Economic distress" means conditions affecting the
2814	fiscal and economic viability of a rural community, including
2815	such factors as low per capita income, low per capita taxable
2816	values, high unemployment, high underemployment, low weekly
2817	earned wages compared to the state average, low housing values
2818	compared to the state average, high percentages of the
2819	population receiving public assistance, high poverty levels
2820	compared to the state average, and a lack of year-round stable
2821	employment opportunities.
2822	(d)  "Rural area of critical economic concern" means a
2823	rural community, or a region composed of rural communities,
2824	designated by the Governor, that has been adversely affected by
2825	an extraordinary economic event, severe or chronic distress, or
2826	a natural disaster or that presents a unique economic
2827	development opportunity of regional impact.
2828	(e)(b)  "Rural community" means:
2829	1.  A county with a population of 75,000 or less.
2830	2.  A county with a population of 120,000 100,000 or less
2831	that is contiguous to a county with a population of 75,000 or
2832	less.
2833	3.  A municipality within a county described in
2834	subparagraph 1. or subparagraph 2.
2835	4.  An unincorporated federal enterprise community or an
2836	incorporated rural city with a population of 25,000 or less and
2837	an employment base focused on traditional agricultural or
2838	resource-based industries, located in a county not defined as
2839	rural, which has at least three or more of the economic distress
2840	factors identified in paragraph (a) and verified by the Office
2841	of Tourism, Trade, and Economic Development.
2842
2843	For purposes of this paragraph, population shall be determined
2844	in accordance with the most recent official estimate pursuant to
2845	s. 186.901.
2846	(3)  REDI shall be responsible for coordinating and
2847	focusing the efforts and resources of state and regional
2848	agencies on the problems which affect the fiscal, economic, and
2849	community viability of Florida's economically distressed rural
2850	communities, working with local governments, community-based
2851	organizations, and private organizations that have an interest
2852	in the growth and development of these communities to find ways
2853	to balance environmental and growth management issues with local
2854	needs.
2855	(4)  REDI shall review and evaluate the impact of laws
2856	statutes and rules on rural communities and shall work to
2857	minimize any adverse impact and undertake outreach and capacity
2858	building efforts.
2859	(5)  REDI shall facilitate better access to state resources
2860	by promoting direct access and referrals to appropriate state
2861	and regional agencies and statewide organizations. REDI may
2862	undertake outreach, capacity-building, and other advocacy
2863	efforts to improve conditions in rural communities. These
2864	activities may include sponsorship of conferences and
2865	achievement awards.
2866	(6)(a)  By August 1 of each year, the head of each of the
2867	following agencies and organizations shall designate a high-
2868	level staff person from within the agency or organization to
2869	serve as the REDI representative for the agency or organization:
2870	1.  The Department of Community Affairs.
2871	2.  The Department of Transportation.
2872	3.  The Department of Environmental Protection.
2873	4.  The Department of Agriculture and Consumer Services.
2874	5.  The Department of State.
2875	6.  The Department of Health.
2876	7.  The Department of Children and Family Services.
2877	8.  The Department of Corrections.
2878	9.  The Agency for Workforce Innovation.
2879	10.  The Department of Education.
2880	11.  The Department of Juvenile Justice.
2881	12.  The Fish and Wildlife Conservation Commission.
2882	13.  Each water management district.
2883	14.  Enterprise Florida, Inc.
2884	15.  Workforce Florida, Inc.
2885	16.  The Florida Commission on Tourism or VISIT Florida.
2886	17.  The Florida Regional Planning Council Association.
2887	18.  The Agency for Health Care Administration Florida
2888	State Rural Development Council.
2889	19.  The Institute of Food and Agricultural Sciences
2890	(IFAS).
2891
2892	An alternate for each designee shall also be chosen, and the
2893	names of the designees and alternates shall be sent to the
2894	director of the Office of Tourism, Trade, and Economic
2895	Development.
2896	(b)  Each REDI representative must have comprehensive
2897	knowledge of his or her agency's functions, both regulatory and
2898	service in nature, and of the state's economic goals, policies,
2899	and programs. This person shall be the primary point of contact
2900	for his or her agency with REDI on issues and projects relating
2901	to economically distressed rural communities and with regard to
2902	expediting project review, shall ensure a prompt effective
2903	response to problems arising with regard to rural issues, and
2904	shall work closely with the other REDI representatives in the
2905	identification of opportunities for preferential awards of
2906	program funds and allowances and waiver of program requirements
2907	when necessary to encourage and facilitate long-term private
2908	capital investment and job creation.
2909	(c)  The REDI representatives shall work with REDI in the
2910	review and evaluation of statutes and rules for adverse impact
2911	on rural communities and the development of alternative
2912	proposals to mitigate that impact.
2913	(d)  Each REDI representative shall be responsible for
2914	ensuring that each district office or facility of his or her
2915	agency is informed about the Rural Economic Development
2916	Initiative and for providing assistance throughout the agency in
2917	the implementation of REDI activities.
2918	(7)(a)  REDI may recommend to the Governor up to three
2919	rural areas of critical economic concern. A rural area of
2920	critical economic concern must be a rural community, or a region
2921	composed of such, that has been adversely affected by an
2922	extraordinary economic event or a natural disaster or that
2923	presents a unique economic development opportunity of regional
2924	impact that will create more than 1,000 jobs over a 5-year
2925	period. The Governor may by executive order designate up to
2926	three rural areas of critical economic concern which will
2927	establish these areas as priority assignments for REDI as well
2928	as to allow the Governor, acting through REDI, to waive
2929	criteria, requirements, or similar provisions of any economic
2930	development incentive. Such incentives shall include, but not be
2931	limited to: the Qualified Target Industry Tax Refund Program
2932	under s. 288.106, the Quick Response Training Program under s.
2933	288.047, the Quick Response Training Program for participants in
2934	the welfare transition program under s. 288.047(8),
2935	transportation projects under s. 288.063, the brownfield
2936	redevelopment bonus refund under s. 288.107, and the rural job
2937	tax credit program under ss. 212.098 and 220.1895.
2938	(b)  Designation as a rural area of critical economic
2939	concern under this subsection shall be contingent upon the
2940	execution of a memorandum of agreement among the Office of
2941	Tourism, Trade, and Economic Development; the governing body of
2942	the county; and the governing bodies of any municipalities to be
2943	included within a rural area of critical economic concern. Such
2944	agreement shall specify the terms and conditions of the
2945	designation, including, but not limited to, the duties and
2946	responsibilities of the county and any participating
2947	municipalities to take actions designed to facilitate the
2948	retention and expansion of existing businesses in the area, as
2949	well as the recruitment of new businesses to the area.
2950	(c)  Each rural area of critical economic concern may
2951	designate catalyst projects provided that each catalyst project
2952	is specifically recommended by REDI, identified as a catalyst
2953	project by Enterprise Florida, Inc., and confirmed as a catalyst
2954	project by the Office of Tourism, Trade, and Economic
2955	Development. All state agencies and departments shall use all
2956	available tools and resources to the extent permissible by law
2957	to promote the creation and development of each catalyst project
2958	and the development of catalyst sites.
2959	(8)  REDI shall assist local governments within rural areas
2960	of critical economic concern with comprehensive planning needs
2961	pursuant to s. 163.3184(20) and that implement the provisions of
2962	this section. Such assistance shall reflect a multidisciplinary
2963	approach among all agencies and shall include economic
2964	development and planning objectives.
2965	(a)  A local government may request assistance in the
2966	preparation of plan amendments that will stimulate economic
2967	activity.
2968	1.  The local government must contact the Office of
2969	Tourism, Trade, and Economic Development to request assistance.
2970	2.  REDI representatives shall meet with the local
2971	government within 15 days after such request to develop the
2972	scope of assistance that will be provided to assist the
2973	development, transmittal, and adoption of the proposed
2974	comprehensive plan amendment.
2975	3.  As part of the assistance provided, REDI
2976	representatives shall also identify other needed local and
2977	developer actions for approval of the project and recommend a
2978	timeline for the local government and developer that will
2979	minimize project delays.
2980	(b)  In addition, REDI shall solicit requests each year for
2981	assistance from local governments within a rural area of
2982	critical economic concern to update the future land use element
2983	and other associated elements of the local government's
2984	comprehensive plan to better position the community to respond
2985	to economic development potential within the county or
2986	municipality. REDI shall provide direct assistance to such local
2987	governments to update their comprehensive plans pursuant to this
2988	paragraph. At least one comprehensive planning technical
2989	assistance effort shall be selected each year.
2990	(c)  REDI shall develop and annually update a technical
2991	assistance manual based upon experiences learned in providing
2992	direct assistance under this subsection.
2993	(9)(8)  REDI shall submit a report to the Governor, the
2994	President of the Senate, and the Speaker of the House of
2995	Representatives each year on or before September February 1 on
2996	all REDI activities for the prior fiscal year. This report shall
2997	include a status report on all projects currently being
2998	coordinated through REDI, the number of preferential awards and
2999	allowances made pursuant to this section, the dollar amount of
3000	such awards, and the names of the recipients. The report shall
3001	also include a description of all waivers of program
3002	requirements granted. The report shall also include information
3003	as to the economic impact of the projects coordinated by REDI.
3004	Section 17.  Paragraph (a) of subsection (7), paragraph (c)
3005	of subsection (19), and paragraph (n) of subsection (24) of
3006	section 380.06, Florida Statutes, are amended, and paragraph (v)
3007	is added to subsection (24) of that section, to read:
3008	380.06  Developments of regional impact.--
3009	(7)  PREAPPLICATION PROCEDURES.--
3010	(a)  Before filing an application for development approval,
3011	the developer shall contact the regional planning agency with
3012	jurisdiction over the proposed development to arrange a
3013	preapplication conference. Upon the request of the developer or
3014	the regional planning agency, other affected state and regional
3015	agencies shall participate in this conference and shall identify
3016	the types of permits issued by the agencies, the level of
3017	information required, and the permit issuance procedures as
3018	applied to the proposed development. The levels of service
3019	required in the transportation methodology shall be the same
3020	levels of service used to evaluate concurrency in accordance
3021	with s. 163.3180. The regional planning agency shall provide the
3022	developer information about the development-of-regional-impact
3023	process and the use of preapplication conferences to identify
3024	issues, coordinate appropriate state and local agency
3025	requirements, and otherwise promote a proper and efficient
3026	review of the proposed development. If agreement is reached
3027	regarding assumptions and methodology to be used in the
3028	application for development approval, the reviewing agencies may
3029	not subsequently object to those assumptions and methodologies
3030	unless subsequent changes to the project or information obtained
3031	during the review make those assumptions and methodologies
3032	inappropriate.
3033	(19)  SUBSTANTIAL DEVIATIONS.--
3034	(c)  An extension of the date of buildout of a development,
3035	or any phase thereof, by more than 7 years is presumed to create
3036	a substantial deviation subject to further development-of-
3037	regional-impact review. An extension of the date of buildout, or
3038	any phase thereof, of more than 5 years but not more than 7
3039	years is presumed not to create a substantial deviation. The
3040	extension of the date of buildout of an areawide development of
3041	regional impact by more than 5 years but less than 10 years is
3042	presumed not to create a substantial deviation. These
3043	presumptions may be rebutted by clear and convincing evidence at
3044	the public hearing held by the local government. An extension of
3045	5 years or less is not a substantial deviation. For the purpose
3046	of calculating when a buildout or phase date has been exceeded,
3047	the time shall be tolled during the pendency of administrative
3048	or judicial proceedings relating to development permits. Any
3049	extension of the buildout date of a project or a phase thereof
3050	shall automatically extend the commencement date of the project,
3051	the termination date of the development order, the expiration
3052	date of the development of regional impact, and the phases
3053	thereof if applicable by a like period of time. In recognition
3054	of the 2007 real estate market conditions, all development order
3055	phase, buildout, commencement, and expiration dates and all
3056	related local government approvals for projects that are
3057	developments of regional impact or Florida Quality Developments
3058	and under active construction on July 1, 2007, or for which a
3059	development order was adopted between January 1, 2006, and July
3060	1, 2007, regardless of whether or not active construction has
3061	commenced, are extended for 3 years regardless of any prior
3062	extension. The 3-year extension is not a substantial deviation,
3063	is not subject to further development-of-regional-impact review,
3064	and may not be considered when determining whether a subsequent
3065	extension is a substantial deviation under this subsection. This
3066	extension also applies to all associated local government
3067	approvals, including, but not limited to, agreements,
3068	certificates, and permits related to the project.
3069	(24)  STATUTORY EXEMPTIONS.--
3070	(n)  Any proposed development or redevelopment within an
3071	area designated in the comprehensive plan as an urban
3072	redevelopment area, a downtown revitalization area, an urban
3073	infill area, or an urban infill and redevelopment area under s.
3074	163.2517 is exempt from this section if the local government has
3075	entered into a binding agreement with jurisdictions that would
3076	be impacted and the Department of Transportation regarding the
3077	mitigation of impacts on state and regional transportation
3078	facilities, and has adopted a proportionate share methodology
3079	pursuant to s. 163.3180(16).
3080	(v)  Any development or change to a previously approved
3081	development of regional impact that is proposed for at least two
3082	uses, one of which is for use as an office, university medical
3083	school, hospital, or laboratory appropriate for research and
3084	development of medical technology, biotechnology, or life
3085	science applications is exempt from this section if:
3086	1.  The land is located in a designated urban infill area
3087	or within 5 miles of a state-supported biotechnical research
3088	facility or if a local government having jurisdiction
3089	recognizes, by resolution, that the land is located in a
3090	compact, high-intensity, and high-density multiuse area that is
3091	appropriate for intensive growth.
3092	2.  The land is located within three-fourths of 1 mile from
3093	one or more planned or programmed bus or light rail transit
3094	stops.
3095	3.  The development is registered with the United States
3096	Green Building Council and there is an intent to apply for
3097	certification of each building under the Leadership in Energy
3098	and Environmental Design rating program, or the development is
3099	registered by an alternate green building or development rating
3100	system that a local government having jurisdiction finds
3101	appropriate, by resolution.
3102
3103	If a use is exempt from review as a development of regional
3104	impact under paragraphs (a)-(u)(a)-(t), but will be part of a
3105	larger project that is subject to review as a development of
3106	regional impact, the impact of the exempt use must be included
3107	in the review of the larger project.
3108	Section 18.  Paragraph (f) of subsection (3) of section
3109	380.0651, Florida Statutes, is amended to read:
3110	380.0651  Statewide guidelines and standards.--
3111	(3)  The following statewide guidelines and standards shall
3112	be applied in the manner described in s. 380.06(2) to determine
3113	whether the following developments shall be required to undergo
3114	development-of-regional-impact review:
3115	(f)  Hotel or motel development.--
3116	1.  Any proposed hotel or motel development that is planned
3117	to create or accommodate 350 or more units; or
3118	2.  Any proposed hotel or motel development that is planned
3119	to create or accommodate 750 or more units, in a county with a
3120	population greater than 500,000 but not exceeding 1.5 million;
3121	or
3122	3.  Any proposed hotel or motel development that is planned
3123	to create or accommodate 750 or more units, in a county with a
3124	population greater than 1.5 million, and only in a geographic
3125	area specifically designated as highly suitable for increased
3126	threshold intensity in the approved local comprehensive plan and
3127	in the strategic regional policy plan.
3128	Section 19.  Subsection (13) is added to section 403.121,
3129	Florida Statutes, to read:
3130	403.121  Enforcement; procedure; remedies.--The department
3131	shall have the following judicial and administrative remedies
3132	available to it for violations of this chapter, as specified in
3133	s. 403.161(1).
3134	(13)  Any party subject to an executed consent order of the
3135	Department of Environmental Protection under chapter 373 or this
3136	chapter, pursuant to which a building permit is necessary to
3137	comply with the consent order for any existing operation,
3138	including nonconforming uses and structures, shall not be
3139	required to undergo or obtain site plan approval, conditional
3140	use, special exception, special permit, or other similar zoning
3141	approvals as a condition to issuance of the building permit.
3142	Section 20.  Subsection (5) of section 420.615, Florida
3143	Statutes, is amended to read:
3144	420.615  Affordable housing land donation density bonus
3145	incentives.--
3146	(5)  The local government, as part of the approval process,
3147	shall adopt a comprehensive plan amendment, pursuant to part II
3148	of chapter 163, for the receiving land that incorporates the
3149	density bonus. Such amendment shall be deemed a small scale
3150	amendment, shall be subject only to the requirements of adopted
3151	in the manner as required for small-scale amendments pursuant to
3152	s. 163.3187(1)(b)3.b. and c., is not subject to the requirements
3153	of s. 163.3184(3)-(11)(3)-(6), and is exempt from s.
3154	163.3187(1)(b)3.a. and from the limitation on the frequency of
3155	plan amendments as provided in s. 163.3187. An affected person
3156	as defined in s. 163.3184 may file a petition for administrative
3157	review pursuant to s. 163.3187(3) to challenge the compliance of
3158	an adopted plan amendment.
3159	Section 21.  Subsection (2) of section 257.193, Florida
3160	Statutes, is amended to read:
3161	257.193  Community Libraries in Caring Program.--
3162	(2)  The purpose of the Community Libraries in Caring
3163	Program is to assist libraries in rural communities, as defined
3164	in s. 288.0656(2)(e) 288.0656(2)(b) and subject to the
3165	provisions of s. 288.06561, to strengthen their collections and
3166	services, improve literacy in their communities, and improve the
3167	economic viability of their communities.
3168	Section 22.  Section 288.019, Florida Statutes, is amended
3169	to read:
3170	288.019  Rural considerations in grant review and
3171	evaluation processes.--
3172	(1)  Notwithstanding any other law, and to the fullest
3173	extent possible, the member agencies and organizations of the
3174	Rural Economic Development Initiative (REDI) as defined in s.
3175	288.0656(6)(a) shall review all grant and loan application
3176	evaluation criteria to ensure the fullest access for rural
3177	counties as defined in s. 288.0656(2)(e) 288.0656(2)(b) to
3178	resources available throughout the state.
3179	(2)(1)  Each REDI agency and organization shall review all
3180	evaluation and scoring procedures and develop modifications to
3181	those procedures which minimize the impact of a project within a
3182	rural area.
3183	(a)(2)  Evaluation criteria and scoring procedures must
3184	provide for an appropriate ranking based on the proportionate
3185	impact that projects have on a rural area when compared with
3186	similar project impacts on an urban area.
3187	(b)(3)  Evaluation criteria and scoring procedures must
3188	recognize the disparity of available fiscal resources for an
3189	equal level of financial support from an urban county and a
3190	rural county.
3191	1.(a)  The evaluation criteria should weight contribution
3192	in proportion to the amount of funding available at the local
3193	level.
3194	2.(b)  In-kind match should be allowed and applied as
3195	financial match when a county is experiencing financial distress
3196	through elevated unemployment at a rate in excess of the state's
3197	average by 5 percentage points or because of the loss of its ad
3198	valorem base.
3199	(c)(4)  For existing programs, the modified evaluation
3200	criteria and scoring procedure must be delivered to the Office
3201	of Tourism, Trade, and Economic Development for distribution to
3202	the REDI agencies and organizations. The REDI agencies and
3203	organizations shall review and make comments. Future rules,
3204	programs, evaluation criteria, and scoring processes must be
3205	brought before a REDI meeting for review, discussion, and
3206	recommendation to allow rural counties fuller access to the
3207	state's resources.
3208	Section 23.  Section 288.06561, Florida Statutes, is
3209	amended to read:
3210	288.06561  Reduction or waiver of financial match
3211	requirements.--
3212	(1)  Notwithstanding any other law, the member agencies and
3213	organizations of the Rural Economic Development Initiative
3214	(REDI), as defined in s. 288.0656(6)(a), shall review the
3215	financial match requirements for projects in rural areas as
3216	defined in s. 288.0656(2)(e) 288.0656(2)(b).
3217	(2)(1)  Each agency and organization shall develop a
3218	proposal to waive or reduce the match requirement for rural
3219	areas.
3220	(3)(2)  Agencies and organizations shall ensure that all
3221	proposals are submitted to the Office of Tourism, Trade, and
3222	Economic Development for review by the REDI agencies.
3223	(4)(3)  These proposals shall be delivered to the Office of
3224	Tourism, Trade, and Economic Development for distribution to the
3225	REDI agencies and organizations. A meeting of REDI agencies and
3226	organizations must be called within 30 days after receipt of
3227	such proposals for REDI comment and recommendations on each
3228	proposal.
3229	(5)(4)  Waivers and reductions must be requested by the
3230	county or community, and such county or community must have
3231	three or more of the factors identified in s. 288.0656(2)(c)
3232	288.0656(2)(a).
3233	(6)(5)  Any other funds available to the project may be
3234	used for financial match of federal programs when there is
3235	fiscal hardship, and the match requirements may not be waived or
3236	reduced.
3237	(7)(6)  When match requirements are not reduced or
3238	eliminated, donations of land, though usually not recognized as
3239	an in-kind match, may be permitted.
3240	(8)(7)  To the fullest extent possible, agencies and
3241	organizations shall expedite the rule adoption and amendment
3242	process if necessary to incorporate the reduction in match by
3243	rural areas in fiscal distress.
3244	(9)(8)  REDI shall include in its annual report an
3245	evaluation on the status of changes to rules, number of awards
3246	made with waivers, and recommendations for future changes.
3247	Section 24.  Paragraph (b) of subsection (4) of section
3248	339.2819, Florida Statutes, is amended to read:
3249	339.2819  Transportation Regional Incentive Program.--
3250	(4)
3251	(b)  In allocating Transportation Regional Incentive
3252	Program funds, priority shall be given to projects that:
3253	1.  Provide connectivity to the Strategic Intermodal System
3254	developed under s. 339.64.
3255	2.  Support economic development and the movement of goods
3256	in rural areas of critical economic concern designated under s.
3257	288.0656(7)(a) 288.0656(7).
3258	3.  Are subject to a local ordinance that establishes
3259	corridor management techniques, including access management
3260	strategies, right-of-way acquisition and protection measures,
3261	appropriate land use strategies, zoning, and setback
3262	requirements for adjacent land uses.
3263	4.  Improve connectivity between military installations and
3264	the Strategic Highway Network or the Strategic Rail Corridor
3265	Network.
3266	Section 25.  Paragraph (d) of subsection (15) of section
3267	627.6699, Florida Statutes, is amended to read:
3268	627.6699  Employee Health Care Access Act.--
3269	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
3270	(d)  Eligibility.--
3271	1.  Any small employer that is actively engaged in
3272	business, has its principal place of business in this state,
3273	employs up to 25 eligible employees on business days during the
3274	preceding calendar year, employs at least 2 employees on the
3275	first day of the plan year, and has had no prior coverage for
3276	the last 6 months may participate.
3277	2.  Any municipality, county, school district, or hospital
3278	employer located in a rural community as defined in s.
3279	288.0656(2)(e) 288.0656(2)(b) may participate.
3280	3.  Nursing home employers may participate.
3281	4.  Each dependent of a person eligible for coverage is
3282	also eligible to participate.
3283
3284	Any employer participating in the program must do so until the
3285	end of the term for which the carrier providing the coverage is
3286	obligated to provide such coverage to the program. Coverage for
3287	a small employer group that ceases to meet the eligibility
3288	requirements of this section may be terminated at the end of the
3289	policy period for which the necessary premiums have been paid.
3290	Section 26.  Paragraph (m) of subsection (3) of section
3291	125.0104, Florida Statutes, is amended to read:
3292	125.0104  Tourist development tax; procedure for levying;
3293	authorized uses; referendum; enforcement.--
3294	(3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--
3295	(m)1.  In addition to any other tax which is imposed
3296	pursuant to this section, a high tourism impact county may
3297	impose an additional 1-percent tax on the exercise of the
3298	privilege described in paragraph (a) by extraordinary vote of
3299	the governing board of the county. The tax revenues received
3300	pursuant to this paragraph shall be used for one or more of the
3301	authorized uses pursuant to subsection (5). In addition, any
3302	high tourism impact county that is designated as an area of
3303	critical state concern pursuant to chapter 380 may also utilize
3304	revenues received pursuant to this paragraph for affordable or
3305	workforce housing as defined in chapter 420, or for affordable,
3306	workforce, or employee housing as defined in any adopted
3307	comprehensive plan, land development regulation, or local
3308	housing assistance plan. Such authority for the use of revenues
3309	for workforce, affordable, or employee housing shall extend for
3310	10 years after the date of any de-designation of a location as
3311	an area of critical state concern, or for the period of time
3312	required under any bond or other financing issued in accordance
3313	with or based upon the authority granted pursuant to the
3314	provisions of this section. Revenues derived pursuant to this
3315	paragraph shall be bondable in accordance with other laws
3316	regarding revenue bonding. Should a high tourism impact county
3317	designated as an area of critical state concern enact the tax
3318	specified in this paragraph, the revenue generated shall be
3319	distributed among incorporated and unincorporated areas based on
3320	the location of the living quarters or accommodations that are
3321	leased or rented. However, nothing in this paragraph shall
3322	preclude an interlocal agreement between local governments for
3323	the use of funds received pursuant to this paragraph in a manner
3324	that addresses the provision of affordable and workforce housing
3325	opportunities on a regional basis or in accordance with a
3326	multijurisdictional housing strategy, program, or policy.
3327	2.  A county is considered to be a high tourism impact
3328	county after the Department of Revenue has certified to such
3329	county that the sales subject to the tax levied pursuant to this
3330	section exceeded $600 million during the previous calendar year,
3331	or were at least 18 percent of the county's total taxable sales
3332	under chapter 212 where the sales subject to the tax levied
3333	pursuant to this section were a minimum of $200 million, except
3334	that no county authorized to levy a convention development tax
3335	pursuant to s. 212.0305 shall be considered a high tourism
3336	impact county. Once a county qualifies as a high tourism impact
3337	county, it shall retain this designation for the period the tax
3338	is levied pursuant to this paragraph.
3339	3.  The provisions of paragraphs (4)(a)-(d) shall not apply
3340	to the adoption of the additional tax authorized in this
3341	paragraph. The effective date of the levy and imposition of the
3342	tax authorized under this paragraph shall be the first day of
3343	the second month following approval of the ordinance by the
3344	governing board or the first day of any subsequent month as may
3345	be specified in the ordinance. A certified copy of such
3346	ordinance shall be furnished by the county to the Department of
3347	Revenue within 10 days after approval of such ordinance.
3348	Section 27.  Subsection (4) of section 159.807, Florida
3349	Statutes, is amended to read:
3350	159.807  State allocation pool.--
3351	(4)(a)  The state allocation pool shall also be used to
3352	provide written confirmations for private activity bonds that
3353	are to be issued by state agencies after June 1, which bonds,
3354	notwithstanding any other provisions of this part, shall receive
3355	priority in the use of the pool available at the time the notice
3356	of intent to issue such bonds is filed with the division.
3357	(b)  This subsection does not apply to the Florida Housing
3358	Finance Corporation:
3359	1.  Until its allocation pursuant to s. 159.804(3) has been
3360	exhausted, is unavailable, or is inadequate to provide an
3361	allocation pursuant to s. 159.804(3) and any carryforwards of
3362	volume limitation from prior years for the same carryforward
3363	purpose, as that term is defined in s. 146 of the Code, as the
3364	bonds it intends to issue have been completely utilized or have
3365	expired.
3366	2.  Prior to July 1 of any year, when housing bonds for
3367	which the Florida Housing Finance Corporation has made an
3368	assignment of its allocation permitted by s. 159.804(3)(c) have
3369	not been issued.
3370	Section 28.  Section 193.018, Florida Statutes, is created
3371	to read:
3372	193.018  Land owned by a community land trust used to
3373	provide affordable housing; assessment; structural improvements,
3374	condominium parcels, and cooperative parcels.--
3375	(1)  As used in this section, the term "community land
3376	trust" means a nonprofit entity that is qualified as charitable
3377	under s. 501(c)(3) of the Internal Revenue Code and has as one
3378	of its purposes the acquisition of land to be held in perpetuity
3379	for the primary purpose of providing affordable homeownership.
3380	(2)  A community land trust may convey structural
3381	improvements, condominium parcels, or cooperative parcels, that
3382	are located on specific parcels of land that are identified by a
3383	legal description contained in and subject to a ground lease
3384	having a term of at least 99 years, for the purpose of providing
3385	affordable housing to natural persons or families who meet the
3386	extremely-low, very-low, low, or moderate income limits
3387	specified in s. 420.0004, or the income limits for workforce
3388	housing, as defined in s. 420.5095(3). A community land trust
3389	shall retain a preemptive option to purchase any structural
3390	improvements, condominium parcels, or cooperative parcels on the
3391	land at a price determined by a formula specified in the ground
3392	lease which is designed to ensure that the structural
3393	improvements, condominium parcels, or cooperative parcels remain
3394	affordable.
3395	(3)  In arriving at just valuation under s. 193.011, a
3396	structural improvement, condominium parcel, or cooperative
3397	parcel providing affordable housing on land owned by a community
3398	land trust, and the land owned by a community land trust that is
3399	subject to a 99-year or longer ground lease, shall be assessed
3400	using the following criteria:
3401	(a)  The amount a willing purchase would pay a willing
3402	seller for the land is limited to an amount commensurate with
3403	the terms of the ground lease that restricts the use of the land
3404	to the provision of affordable housing in perpetuity.
3405	(b)  The amount a willing purchaser would pay a willing
3406	seller for resale-restricted improvements, condominium parcels,
3407	or cooperative parcels is limited to the amount determined by
3408	the formula in the ground lease.
3409	(c)  If the ground lease and all amendments and supplements
3410	thereto, or a memorandum documenting how such lease and
3411	amendments or supplements restrict the price at which the
3412	improvements, condominium parcels, or cooperative parcels may be
3413	sold, is recorded in the official public records of the county
3414	in which the leased land is located, the recorded lease and any
3415	amendments and supplements, or the recorded memorandum, shall be
3416	deemed a land use regulation during the term of the lease as
3417	amended or supplemented.
3418	Section 29.  Paragraph (d) of subsection (2) of section
3419	212.055, Florida Statutes, is amended to read:
3420	212.055  Discretionary sales surtaxes; legislative intent;
3421	authorization and use of proceeds.--It is the legislative intent
3422	that any authorization for imposition of a discretionary sales
3423	surtax shall be published in the Florida Statutes as a
3424	subsection of this section, irrespective of the duration of the
3425	levy. Each enactment shall specify the types of counties
3426	authorized to levy; the rate or rates which may be imposed; the
3427	maximum length of time the surtax may be imposed, if any; the
3428	procedure which must be followed to secure voter approval, if
3429	required; the purpose for which the proceeds may be expended;
3430	and such other requirements as the Legislature may provide.
3431	Taxable transactions and administrative procedures shall be as
3432	provided in s. 212.054.
3433	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
3434	(d)1.  The proceeds of the surtax authorized by this
3435	subsection and any accrued interest accrued thereto shall be
3436	expended by the school district, or within the county and
3437	municipalities within the county, or, in the case of a
3438	negotiated joint county agreement, within another county, to
3439	finance, plan, and construct infrastructure; and to acquire land
3440	for public recreation, or conservation, or protection of natural
3441	resources; or and to finance the closure of county-owned or
3442	municipally owned solid waste landfills that have been are
3443	already closed or are required to be closed close by order of
3444	the Department of Environmental Protection. Any use of the such
3445	proceeds or interest for purposes of landfill closure before
3446	prior to July 1, 1993, is ratified. Neither The proceeds and nor
3447	any interest may not accrued thereto shall be used for the
3448	operational expenses of any infrastructure, except that a any
3449	county that has with a population of fewer less than 75,000 and
3450	that is required to close a landfill by order of the Department
3451	of Environmental Protection may use the proceeds or any interest
3452	accrued thereto for long-term maintenance costs associated with
3453	landfill closure. Counties, as defined in s. 125.011 s.
3454	125.011(1), and charter counties may, in addition, use the
3455	proceeds or and any interest accrued thereto to retire or
3456	service indebtedness incurred for bonds issued before prior to
3457	July 1, 1987, for infrastructure purposes, and for bonds
3458	subsequently issued to refund such bonds. Any use of the such
3459	proceeds or interest for purposes of retiring or servicing
3460	indebtedness incurred for such refunding bonds before prior to
3461	July 1, 1999, is ratified.
3462	1.2.  For the purposes of this paragraph, the term
3463	"infrastructure" means:
3464	a.  Any fixed capital expenditure or fixed capital outlay
3465	associated with the construction, reconstruction, or improvement
3466	of public facilities that have a life expectancy of 5 or more
3467	years and any related land acquisition, land improvement,
3468	design, and engineering costs related thereto.
3469	b.  A fire department vehicle, an emergency medical service
3470	vehicle, a sheriff's office vehicle, a police department
3471	vehicle, or any other vehicle, and the such equipment necessary
3472	to outfit the vehicle for its official use or equipment that has
3473	a life expectancy of at least 5 years.
3474	c.  Any expenditure for the construction, lease, or
3475	maintenance of, or provision of utilities or security for,
3476	facilities, as defined in s. 29.008.
3477	d.  Any fixed capital expenditure or fixed capital outlay
3478	associated with the improvement of private facilities that have
3479	a life expectancy of 5 or more years and that the owner agrees
3480	to make available for use on a temporary basis as needed by a
3481	local government as a public emergency shelter or a staging area
3482	for emergency response equipment during an emergency officially
3483	declared by the state or by the local government under s.
3484	252.38. Such improvements under this sub-subparagraph are
3485	limited to those necessary to comply with current standards for
3486	public emergency evacuation shelters. The owner must shall enter
3487	into a written contract with the local government providing the
3488	improvement funding to make the such private facility available
3489	to the public for purposes of emergency shelter at no cost to
3490	the local government for a minimum period of 10 years after
3491	completion of the improvement, with the provision that the such
3492	obligation will transfer to any subsequent owner until the end
3493	of the minimum period.
3494	e.  Any land expenditure acquisition for a residential
3495	housing project in which at least 30 percent of the units are
3496	affordable to individuals or families whose total annual
3497	household income does not exceed 120 percent of the area median
3498	income adjusted for household size, if the land is owned by a
3499	local government or by a special district that enters into a
3500	written agreement with the local government to provide such
3501	housing. The local government or special district may enter into
3502	a ground lease with a public or private person or entity for
3503	nominal or other consideration for the construction of the
3504	residential housing project on land acquired pursuant to this
3505	sub-subparagraph..
3506	2.3.  Notwithstanding any other provision of this
3507	subsection, a local government infrastructure discretionary
3508	sales surtax imposed or extended after July 1, 1998, the
3509	effective date of this act may allocate up to provide for an
3510	amount not to exceed 15 percent of the local option sales surtax
3511	proceeds to be allocated for deposit in to a trust fund within
3512	the county's accounts created for the purpose of funding
3513	economic development projects having of a general public purpose
3514	of improving targeted to improve local economies, including the
3515	funding of operational costs and incentives related to such
3516	economic development. The ballot statement must indicate the
3517	intention to make an allocation under the authority of this
3518	subparagraph.
3519	Section 30.  Present subsections (25) through (41) of
3520	section 420.503, Florida Statutes, are redesignated as
3521	subsections (26) through (42), respectively, and a new
3522	subsection (25) is added to that section to read:
3523	420.503  Definitions.--As used in this part, the term:
3524	(25)  "Moderate rehabilitation" means repair or restoration
3525	of a dwelling unit when the value of such repair or restoration
3526	is 40 percent or less of the value of the dwelling but not less
3527	than $10,000 per dwelling unit.
3528	Section 31.  Subsection (47) is added to section 420.507,
3529	Florida Statutes, to read:
3530	420.507  Powers of the corporation.--The corporation shall
3531	have all the powers necessary or convenient to carry out and
3532	effectuate the purposes and provisions of this part, including
3533	the following powers which are in addition to all other powers
3534	granted by other provisions of this part:
3535	(47)  To develop and administer the Florida Public Housing
3536	Authority Preservation Grant Program. In developing and
3537	administering the program, the corporation may:
3538	(a)  Develop criteria for determining the priority for
3539	expending grants to preserve and rehabilitate 30-year and older
3540	buildings and units under public housing authority control as
3541	defined in chapter 421.
3542	(b)  Adopt rules for the grant program and exercise the
3543	powers authorized in this section.
3544	Section 32.  Paragraphs (c) and (l) of subsection (6) of
3545	section 420.5087, Florida Statutes, are amended to read:
3546	420.5087  State Apartment Incentive Loan Program.--There is
3547	hereby created the State Apartment Incentive Loan Program for
3548	the purpose of providing first, second, or other subordinated
3549	mortgage loans or loan guarantees to sponsors, including for-
3550	profit, nonprofit, and public entities, to provide housing
3551	affordable to very-low-income persons.
3552	(6)  On all state apartment incentive loans, except loans
3553	made to housing communities for the elderly to provide for
3554	lifesafety, building preservation, health, sanitation, or
3555	security-related repairs or improvements, the following
3556	provisions shall apply:
3557	(c)  The corporation shall provide by rule for the
3558	establishment of a review committee composed of the department
3559	and corporation staff and shall establish by rule a scoring
3560	system for evaluation and competitive ranking of applications
3561	submitted in this program, including, but not limited to, the
3562	following criteria:
3563	1.  Tenant income and demographic targeting objectives of
3564	the corporation.
3565	2.  Targeting objectives of the corporation which will
3566	ensure an equitable distribution of loans between rural and
3567	urban areas.
3568	3.  Sponsor's agreement to reserve the units for persons or
3569	families who have incomes below 50 percent of the state or local
3570	median income, whichever is higher, for a time period to exceed
3571	the minimum required by federal law or the provisions of this
3572	part.
3573	4.  Sponsor's agreement to reserve more than:
3574	a.  Twenty percent of the units in the project for persons
3575	or families who have incomes that do not exceed 50 percent of
3576	the state or local median income, whichever is higher; or
3577	b.  Forty percent of the units in the project for persons
3578	or families who have incomes that do not exceed 60 percent of
3579	the state or local median income, whichever is higher, without
3580	requiring a greater amount of the loans as provided in this
3581	section.
3582	5.  Provision for tenant counseling.
3583	6.  Sponsor's agreement to accept rental assistance
3584	certificates or vouchers as payment for rent.
3585	7.  Projects requiring the least amount of a state
3586	apartment incentive loan compared to overall project cost except
3587	that the share of the loan attributable to units serving
3588	extremely-low-income persons shall be excluded from this
3589	requirement.
3590	8.  Local government contributions and local government
3591	comprehensive planning and activities that promote affordable
3592	housing.
3593	9.  Project feasibility.
3594	10.  Economic viability of the project.
3595	11.  Commitment of first mortgage financing.
3596	12.  Sponsor's prior experience.
3597	13.  Sponsor's ability to proceed with construction.
3598	14.  Projects that directly implement or assist welfare-to-
3599	work transitioning.
3600	15.  Projects that reserve units for extremely-low-income
3601	persons.
3602	16.  Projects that include green building principles,
3603	storm-resistant construction, or other elements that reduce
3604	long-term costs relating to maintenance, utilities, or
3605	insurance.
3606	(l)  The proceeds of all loans shall be used for new
3607	construction, moderate rehabilitation, or substantial
3608	rehabilitation which creates or preserves affordable, safe, and
3609	sanitary housing units.
3610	Section 33.  Subsection (17) is added to section 420.5095,
3611	Florida Statutes, to read:
3612	420.5095  Community Workforce Housing Innovation Pilot
3613	Program.--
3614	(17)(a)  Funds appropriated by s. 33, chapter 2006-69, Laws
3615	of Florida, that were awarded but have been declined or returned
3616	shall be made available for projects that otherwise comply with
3617	the provisions of this section and that are created to provide
3618	workforce housing for teachers and instructional personnel
3619	employed by the school district in the county in which the
3620	project is located.
3621	(b)  Projects shall be given priority for funding when the
3622	school district provides the property for the project pursuant
3623	to s. 1001.43.
3624	(c)  Projects shall be given priority for funding when the
3625	public-private partnership includes the school district and a
3626	national nonprofit organization to provide financial support,
3627	technical assistance, and training for community-based
3628	revitalization efforts.
3629	(d)  Projects in counties which had a project selected for
3630	funding that declined or returned funds shall be given priority
3631	for funding.
3632	(e)  Projects shall be selected for funding by requests for
3633	proposals.
3634	Section 34.  Subsection (5) of section 420.615, Florida
3635	Statutes, is amended to read:
3636	420.615  Affordable housing land donation density bonus
3637	incentives.--
3638	(5)  The local government, as part of the approval process,
3639	shall adopt a comprehensive plan amendment, pursuant to part II
3640	of chapter 163, for the receiving land that incorporates the
3641	density bonus. Such amendment shall be deemed by operation of
3642	law a small scale amendment, shall be subject only to the
3643	requirements of adopted in the manner as required for small-
3644	scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
3645	subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
3646	is exempt from s. 163.3187(1)(c)1. and the limitation on the
3647	frequency of plan amendments as provided in s. 163.3187. An
3648	affected person, as defined in s. 163.3184(1), may file a
3649	petition for administrative review pursuant to the requirements
3650	of s. 163.3187(3) to challenge the compliance of an adopted plan
3651	amendment.
3652	Section 35.  Section 420.628, Florida Statutes, is created
3653	to read:
3654	420.628  Affordable housing for children and young adults
3655	leaving foster care; legislative findings and intent.--
3656	(1)  The Legislature finds that there are many young adults
3657	who, through no fault of their own, live in foster families,
3658	group homes, and institutions and who face numerous barriers to
3659	a successful transition to adulthood.
3660	(2)  These youth in foster care are among those who may
3661	enter adulthood without the knowledge, skills, attitudes,
3662	habits, and relationships that will enable them to be productive
3663	members of society.
3664	(3)  The main barriers to safe and affordable housing for
3665	youth aging out of the foster care system are cost, lack of
3666	availability, the unwillingness of many landlords to rent to
3667	them, and their own lack of knowledge about how to be good
3668	tenants.
3669	(4)  The Legislature also finds that young adults who
3670	emancipate from the child welfare system are at risk of becoming
3671	homeless and those who were formerly in foster care are
3672	disproportionately represented in the homeless population.
3673	Without the stability of safe housing, all other services,
3674	training, and opportunities may not be effective.
3675	(5)  The Legislature further finds that making affordable
3676	housing available for young adults who transition from foster
3677	care decreases their chance of homelessness and may increase
3678	their ability to live independently in the future.
3679	(6)  The Legislature finds that the Road-to-Independence
3680	Program, as described in s. 409.1451, is similar to the Job
3681	Training Partnership Act for purposes of s. 42(i)(3)(D)(i)(II)
3682	of the Internal Revenue Code.
3683	(7)  The Legislature affirms that young adults
3684	transitioning out of foster care are to be considered eligible
3685	persons, as defined in ss. 420.503(17) and 420.9071(10), for
3686	affordable housing purposes and shall be encouraged to
3687	participate in state, federal, and local affordable housing
3688	programs.
3689	(8)  It is therefore the intent of the Legislature to
3690	encourage the Florida Housing Finance Corporation, State Housing
3691	Initiative Partnership Program agencies, local housing finance
3692	agencies, public housing authorities and their agents,
3693	developers, and other providers of affordable housing to make
3694	affordable housing available to youth transitioning out of
3695	foster care whenever and wherever possible.
3696	(9)  The Florida Housing Finance Corporation, State Housing
3697	Initiative Partnership Program agencies, local housing finance
3698	agencies, and public housing authorities shall coordinate with
3699	the Department of Children and Family Services and their agents
3700	and community-based care providers who are operating pursuant to
3701	s. 409.1671 to develop and implement strategies and procedures
3702	designed to increase affordable housing opportunities for young
3703	adults who are leaving the child welfare system.
3704	Section 36.  Subsections (4), (8), (16), and (25) of
3705	section 420.9071, Florida Statutes, are amended, and subsections
3706	(29) and (30) are added to that section, to read:
3707	420.9071  Definitions.--As used in ss. 420.907-420.9079,
3708	the term:
3709	(4)  "Annual gross income" means annual income as defined
3710	under the Section 8 housing assistance payments programs in 24
3711	C.F.R. part 5; annual income as reported under the census long
3712	form for the recent available decennial census; or adjusted
3713	gross income as defined for purposes of reporting under Internal
3714	Revenue Service Form 1040 for individual federal annual income
3715	tax purposes or as defined by standard practices used in the
3716	lending industry as detailed in the local housing assistance
3717	plan and approved by the corporation. Counties and eligible
3718	municipalities shall calculate income by annualizing verified
3719	sources of income for the household as the amount of income to
3720	be received in a household during the 12 months following the
3721	effective date of the determination.
3722	(8)  "Eligible housing" means any real and personal
3723	property located within the county or the eligible municipality
3724	which is designed and intended for the primary purpose of
3725	providing decent, safe, and sanitary residential units that are
3726	designed to meet the standards of the Florida Building Code or a
3727	predecessor building code adopted under chapter 553, or
3728	manufactured housing constructed after June 1994 and installed
3729	in accordance with mobile home installation standards of the
3730	Department of Highway Safety and Motor Vehicles, for home
3731	ownership or rental for eligible persons as designated by each
3732	county or eligible municipality participating in the State
3733	Housing Initiatives Partnership Program.
3734	(16)  "Local housing incentive strategies" means local
3735	regulatory reform or incentive programs to encourage or
3736	facilitate affordable housing production, which include at a
3737	minimum, assurance that permits as defined in s. 163.3164(7) and
3738	(8) for affordable housing projects are expedited to a greater
3739	degree than other projects; an ongoing process for review of
3740	local policies, ordinances, regulations, and plan provisions
3741	that increase the cost of housing prior to their adoption; and a
3742	schedule for implementing the incentive strategies. Local
3743	housing incentive strategies may also include other regulatory
3744	reforms, such as those enumerated in s. 420.9076 or those
3745	recommended by the affordable housing advisory committee in its
3746	triennial evaluation and adopted by the local governing body.
3747	(25)  "Recaptured funds" means funds that are recouped by a
3748	county or eligible municipality in accordance with the recapture
3749	provisions of its local housing assistance plan pursuant to s.
3750	420.9075(5)(h)(g) from eligible persons or eligible sponsors,
3751	which funds were not used for assistance to an eligible
3752	household for an eligible activity, when there is a who default
3753	on the terms of a grant award or loan award.
3754	(29)  "Assisted housing" or "assisted housing development"
3755	means a rental housing development, including rental housing in
3756	a mixed-use development, that received or currently receives
3757	funding from any federal or state housing program.
3758	(30)  "Preservation" means actions taken to keep rents in
3759	existing assisted housing affordable for extremely-low-income,
3760	very-low-income, low-income, and moderate-income households
3761	while ensuring that the property stays in good physical and
3762	financial condition for an extended period.
3763	Section 37.  Subsection (6) of section 420.9072, Florida
3764	Statutes, is amended to read:
3765	420.9072  State Housing Initiatives Partnership
3766	Program.--The State Housing Initiatives Partnership Program is
3767	created for the purpose of providing funds to counties and
3768	eligible municipalities as an incentive for the creation of
3769	local housing partnerships, to expand production of and preserve
3770	affordable housing, to further the housing element of the local
3771	government comprehensive plan specific to affordable housing,
3772	and to increase housing-related employment.
3773	(6)  The moneys that otherwise would be distributed
3774	pursuant to s. 420.9073 to a local government that does not meet
3775	the program's requirements for receipts of such distributions
3776	shall remain in the Local Government Housing Trust Fund to be
3777	administered by the corporation pursuant to s. 420.9078.
3778	Section 38.  Subsections (1) and (2) of section 420.9073,
3779	Florida Statutes, are amended, and subsections (5), (6), and (7)
3780	are added to that section, to read:
3781	420.9073  Local housing distributions.--
3782	(1)  Distributions calculated in this section shall be
3783	disbursed on a quarterly or more frequent monthly basis by the
3784	corporation beginning the first day of the month after program
3785	approval pursuant to s. 420.9072, subject to availability of
3786	funds. Each county's share of the funds to be distributed from
3787	the portion of the funds in the Local Government Housing Trust
3788	Fund received pursuant to s. 201.15(9) shall be calculated by
3789	the corporation for each fiscal year as follows:
3790	(a)  Each county other than a county that has implemented
3791	the provisions of chapter 83-220, Laws of Florida, as amended by
3792	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
3793	receive the guaranteed amount for each fiscal year.
3794	(b)  Each county other than a county that has implemented
3795	the provisions of chapter 83-220, Laws of Florida, as amended by
3796	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
3797	receive an additional share calculated as follows:
3798	1.  Multiply each county's percentage of the total state
3799	population excluding the population of any county that has
3800	implemented the provisions of chapter 83-220, Laws of Florida,
3801	as amended by chapters 84-270, 86-152, and 89-252, Laws of
3802	Florida, by the total funds to be distributed.
3803	2.  If the result in subparagraph 1. is less than the
3804	guaranteed amount as determined in subsection (3), that county's
3805	additional share shall be zero.
3806	3.  For each county in which the result in subparagraph 1.
3807	is greater than the guaranteed amount as determined in
3808	subsection (3), the amount calculated in subparagraph 1. shall
3809	be reduced by the guaranteed amount. The result for each such
3810	county shall be expressed as a percentage of the amounts so
3811	determined for all counties. Each such county shall receive an
3812	additional share equal to such percentage multiplied by the
3813	total funds received by the Local Government Housing Trust Fund
3814	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
3815	to all counties.
3816	(2)  Effective July 1, 1995, Distributions calculated in
3817	this section shall be disbursed on a quarterly or more frequent
3818	monthly basis by the corporation beginning the first day of the
3819	month after program approval pursuant to s. 420.9072, subject to
3820	availability of funds. Each county's share of the funds to be
3821	distributed from the portion of the funds in the Local
3822	Government Housing Trust Fund received pursuant to s. 201.15(10)
3823	shall be calculated by the corporation for each fiscal year as
3824	follows:
3825	(a)  Each county shall receive the guaranteed amount for
3826	each fiscal year.
3827	(b)  Each county may receive an additional share calculated
3828	as follows:
3829	1.  Multiply each county's percentage of the total state
3830	population, by the total funds to be distributed.
3831	2.  If the result in subparagraph 1. is less than the
3832	guaranteed amount as determined in subsection (3), that county's
3833	additional share shall be zero.
3834	3.  For each county in which the result in subparagraph 1.
3835	is greater than the guaranteed amount, the amount calculated in
3836	subparagraph 1. shall be reduced by the guaranteed amount. The
3837	result for each such county shall be expressed as a percentage
3838	of the amounts so determined for all counties. Each such county
3839	shall receive an additional share equal to this percentage
3840	multiplied by the total funds received by the Local Government
3841	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
3842	guaranteed amount paid to all counties.
3843	(5)  Notwithstanding subsections (1)-(4), the corporation
3844	is authorized to withhold up to $5 million from the total
3845	distribution each fiscal year to provide additional funding to
3846	counties and eligible municipalities in which a state of
3847	emergency has been declared by the Governor pursuant to chapter
3848	252. Any portion of such funds not distributed under this
3849	subsection by the end of the fiscal year shall be distributed as
3850	provided in this section.
3851	(6)  Notwithstanding subsections (1)-(4), the corporation
3852	is authorized to withhold up to $5 million from the total
3853	distribution each fiscal year to provide funding to counties and
3854	eligible municipalities to purchase properties subject to a
3855	State Housing Initiative Partnership Program lien and on which
3856	foreclosure proceedings have been initiated by any mortgagee.
3857	Each county and eligible municipality that receives funds under
3858	this subsection shall repay such funds to the corporation not
3859	later than the expenditure deadline for the fiscal year in which
3860	the funds were awarded. Amounts not repaid shall be withheld
3861	from the subsequent year's distribution. Any portion of such
3862	funds not distributed under this subsection by the end of the
3863	fiscal year shall be distributed as provided in this section.
3864	(7)  A county or eligible municipality that receives local
3865	housing distributions pursuant to this section shall expend
3866	those funds in accordance with the provisions of ss. 420.907-
3867	420.9079, corporation rule, and its local housing assistance
3868	plan.
3869	Section 39.  Subsections (1), (3), (5), and (8), paragraphs
3870	(a) and (h) of subsection (10), and paragraph (b) of subsection
3871	(13) of section 420.9075, Florida Statutes, are amended, and
3872	subsection (14) is added to that section, to read:
3873	420.9075  Local housing assistance plans; partnerships.--
3874	(1)(a)  Each county or eligible municipality participating
3875	in the State Housing Initiatives Partnership Program shall
3876	develop and implement a local housing assistance plan created to
3877	make affordable residential units available to persons of very
3878	low income, low income, or moderate income and to persons who
3879	have special housing needs, including, but not limited to,
3880	homeless people, the elderly, and migrant farmworkers, and
3881	persons with disabilities. High-cost counties or eligible
3882	municipalities as defined by rule of the corporation may include
3883	strategies to assist persons and households having annual
3884	incomes of not more than 140 percent of area median income. The
3885	plans are intended to increase the availability of affordable
3886	residential units by combining local resources and cost-saving
3887	measures into a local housing partnership and using private and
3888	public funds to reduce the cost of housing.
3889	(b)  Local housing assistance plans may allocate funds to:
3890	1.  Implement local housing assistance strategies for the
3891	provision of affordable housing.
3892	2.  Supplement funds available to the corporation to
3893	provide enhanced funding of state housing programs within the
3894	county or the eligible municipality.
3895	3.  Provide the local matching share of federal affordable
3896	housing grants or programs.
3897	4.  Fund emergency repairs, including, but not limited to,
3898	repairs performed by existing service providers under
3899	weatherization assistance programs under ss. 409.509-409.5093.
3900	5.  Further the housing element of the local government
3901	comprehensive plan adopted pursuant to s. 163.3184, specific to
3902	affordable housing.
3903	(3)(a)  Each local housing assistance plan shall include a
3904	definition of essential service personnel for the county or
3905	eligible municipality, including, but not limited to, teachers
3906	and educators, other school district, community college, and
3907	university employees, police and fire personnel, health care
3908	personnel, skilled building trades personnel, and other job
3909	categories.
3910	(b)  Each county and each eligible municipality is
3911	encouraged to develop a strategy within its local housing
3912	assistance plan that emphasizes the recruitment and retention of
3913	essential service personnel. The local government is encouraged
3914	to involve public and private sector employers. Compliance with
3915	the eligibility criteria established under this strategy shall
3916	be verified by the county or eligible municipality.
3917	(c)  Each county and each eligible municipality is
3918	encouraged to develop a strategy within its local housing
3919	assistance plan that addresses the needs of persons who are
3920	deprived of affordable housing due to the closure of a mobile
3921	home park or the conversion of affordable rental units to
3922	condominiums.
3923	(d)  Each county and each eligible municipality shall
3924	describe initiatives in the local housing assistance plan to
3925	encourage or require innovative design, green building
3926	principles, storm-resistant construction, or other elements that
3927	reduce long-term costs relating to maintenance, utilities, or
3928	insurance.
3929	(e)  Each county and each eligible municipality is
3930	encouraged to develop a strategy within its local housing
3931	assistance plan that provides program funds for the preservation
3932	of assisted housing.
3933	(5)  The following criteria apply to awards made to
3934	eligible sponsors or eligible persons for the purpose of
3935	providing eligible housing:
3936	(a)  At least 65 percent of the funds made available in
3937	each county and eligible municipality from the local housing
3938	distribution must be reserved for home ownership for eligible
3939	persons.
3940	(b)  At least 75 percent of the funds made available in
3941	each county and eligible municipality from the local housing
3942	distribution must be reserved for construction, rehabilitation,
3943	or emergency repair of affordable, eligible housing.
3944	(c)  Not more than 15 percent of the funds made available
3945	in each county and eligible municipality from the local housing
3946	distribution may be used for manufactured housing.
3947	(d)(c)  The sales price or value of new or existing
3948	eligible housing may not exceed 90 percent of the average area
3949	purchase price in the statistical area in which the eligible
3950	housing is located. Such average area purchase price may be that
3951	calculated for any 12-month period beginning not earlier than
3952	the fourth calendar year prior to the year in which the award
3953	occurs or as otherwise established by the United States
3954	Department of the Treasury.
3955	(e)(d)1.  All units constructed, rehabilitated, or
3956	otherwise assisted with the funds provided from the local
3957	housing assistance trust fund must be occupied by very-low-
3958	income persons, low-income persons, and moderate-income persons
3959	except as otherwise provided in this section.
3960	2.  At least 30 percent of the funds deposited into the
3961	local housing assistance trust fund must be reserved for awards
3962	to very-low-income persons or eligible sponsors who will serve
3963	very-low-income persons and at least an additional 30 percent of
3964	the funds deposited into the local housing assistance trust fund
3965	must be reserved for awards to low-income persons or eligible
3966	sponsors who will serve low-income persons. This subparagraph
3967	does not apply to a county or an eligible municipality that
3968	includes, or has included within the previous 5 years, an area
3969	of critical state concern designated or ratified by the
3970	Legislature for which the Legislature has declared its intent to
3971	provide affordable housing. The exemption created by this act
3972	expires on July 1, 2013 2008.
3973	(f)(e)  Loans shall be provided for periods not exceeding
3974	30 years, except for deferred payment loans or loans that extend
3975	beyond 30 years which continue to serve eligible persons.
3976	(g)(f)  Loans or grants for eligible rental housing
3977	constructed, rehabilitated, or otherwise assisted from the local
3978	housing assistance trust fund must be subject to recapture
3979	requirements as provided by the county or eligible municipality
3980	in its local housing assistance plan unless reserved for
3981	eligible persons for 15 years or the term of the assistance,
3982	whichever period is longer. Eligible sponsors that offer rental
3983	housing for sale before 15 years or that have remaining
3984	mortgages funded under this program must give a first right of
3985	refusal to eligible nonprofit organizations for purchase at the
3986	current market value for continued occupancy by eligible
3987	persons.
3988	(h)(g)  Loans or grants for eligible owner-occupied housing
3989	constructed, rehabilitated, or otherwise assisted from proceeds
3990	provided from the local housing assistance trust fund shall be
3991	subject to recapture requirements as provided by the county or
3992	eligible municipality in its local housing assistance plan.
3993	(i)(h)  The total amount of monthly mortgage payments or
3994	the amount of monthly rent charged by the eligible sponsor or
3995	her or his designee must be made affordable.
3996	(j)(i)  The maximum sales price or value per unit and the
3997	maximum award per unit for eligible housing benefiting from
3998	awards made pursuant to this section must be established in the
3999	local housing assistance plan.
4000	(k)(j)  The benefit of assistance provided through the
4001	State Housing Initiatives Partnership Program must accrue to
4002	eligible persons occupying eligible housing. This provision
4003	shall not be construed to prohibit use of the local housing
4004	distribution funds for a mixed income rental development.
4005	(l)(k)  Funds from the local housing distribution not used
4006	to meet the criteria established in paragraph (a) or paragraph
4007	(b) or not used for the administration of a local housing
4008	assistance plan must be used for housing production and finance
4009	activities, including, but not limited to, financing
4010	preconstruction activities or the purchase of existing units,
4011	providing rental housing, and providing home ownership training
4012	to prospective home buyers and owners of homes assisted through
4013	the local housing assistance plan.
4014	1.  Notwithstanding the provisions of paragraphs (a) and
4015	(b), program income as defined in s. 420.9071(24) may also be
4016	used to fund activities described in this paragraph.
4017	2.  When preconstruction due diligence activities conducted
4018	as part of a preservation strategy show that preservation of the
4019	units is not feasible and will not result in the production of
4020	an eligible unit, such costs shall be deemed a program expense
4021	rather than an administrative expense if such program expenses
4022	do not exceed 3 percent of the annual local housing
4023	distribution.
4024	3.  If both an award under the local housing assistance
4025	plan and federal low-income housing tax credits are used to
4026	assist a project and there is a conflict between the criteria
4027	prescribed in this subsection and the requirements of s. 42 of
4028	the Internal Revenue Code of 1986, as amended, the county or
4029	eligible municipality may resolve the conflict by giving
4030	precedence to the requirements of s. 42 of the Internal Revenue
4031	Code of 1986, as amended, in lieu of following the criteria
4032	prescribed in this subsection with the exception of paragraphs
4033	(a) and (e) (d) of this subsection.
4034	4.  Each county and each eligible municipality may award
4035	funds as a grant for construction, rehabilitation, or repair as
4036	part of disaster recovery or emergency repairs or to remedy
4037	accessibility or health and safety deficiencies. Any other
4038	grants must be approved as part of the local housing assistance
4039	plan.
4040	(8)  Pursuant to s. 420.531, the corporation shall provide
4041	training and technical assistance to local governments regarding
4042	the creation of partnerships, the design of local housing
4043	assistance strategies, the implementation of local housing
4044	incentive strategies, and the provision of support services.
4045	(10)  Each county or eligible municipality shall submit to
4046	the corporation by September 15 of each year a report of its
4047	affordable housing programs and accomplishments through June 30
4048	immediately preceding submittal of the report. The report shall
4049	be certified as accurate and complete by the local government's
4050	chief elected official or his or her designee. Transmittal of
4051	the annual report by a county's or eligible municipality's chief
4052	elected official, or his or her designee, certifies that the
4053	local housing incentive strategies, or, if applicable, the local
4054	housing incentive plan, have been implemented or are in the
4055	process of being implemented pursuant to the adopted schedule
4056	for implementation. The report must include, but is not limited
4057	to:
4058	(a)  The number of households served by income category,
4059	age, family size, and race, and data regarding any special needs
4060	populations such as farmworkers, homeless persons, persons with
4061	disabilities, and the elderly. Counties shall report this
4062	information separately for households served in the
4063	unincorporated area and each municipality within the county.
4064	(h)  Such other data or affordable housing accomplishments
4065	considered significant by the reporting county or eligible
4066	municipality or by the corporation.
4067	(13)
4068	(b)  If, as a result of its review of the annual report,
4069	the corporation determines that a county or eligible
4070	municipality has failed to implement a local housing incentive
4071	strategy, or, if applicable, a local housing incentive plan, it
4072	shall send a notice of termination of the local government's
4073	share of the local housing distribution by certified mail to the
4074	affected county or eligible municipality.
4075	1.  The notice must specify a date of termination of the
4076	funding if the affected county or eligible municipality does not
4077	implement the plan or strategy and provide for a local response.
4078	A county or eligible municipality shall respond to the
4079	corporation within 30 days after receipt of the notice of
4080	termination.
4081	2.  The corporation shall consider the local response that
4082	extenuating circumstances precluded implementation and grant an
4083	extension to the timeframe for implementation. Such an extension
4084	shall be made in the form of an extension agreement that
4085	provides a timeframe for implementation. The chief elected
4086	official of a county or eligible municipality or his or her
4087	designee shall have the authority to enter into the agreement on
4088	behalf of the local government.
4089	3.  If the county or the eligible municipality has not
4090	implemented the incentive strategy or entered into an extension
4091	agreement by the termination date specified in the notice, the
4092	local housing distribution share terminates, and any uncommitted
4093	local housing distribution funds held by the affected county or
4094	eligible municipality in its local housing assistance trust fund
4095	shall be transferred to the Local Government Housing Trust Fund
4096	to the credit of the corporation to administer pursuant to s.
4097	420.9078.
4098	4.a.  If the affected local government fails to meet the
4099	timeframes specified in the agreement, the corporation shall
4100	terminate funds. The corporation shall send a notice of
4101	termination of the local government's share of the local housing
4102	distribution by certified mail to the affected local government.
4103	The notice shall specify the termination date, and any
4104	uncommitted funds held by the affected local government shall be
4105	transferred to the Local Government Housing Trust Fund to the
4106	credit of the corporation to administer pursuant to s. 420.9078.
4107	b.  If the corporation terminates funds to a county, but an
4108	eligible municipality receiving a local housing distribution
4109	pursuant to an interlocal agreement maintains compliance with
4110	program requirements, the corporation shall thereafter
4111	distribute directly to the participating eligible municipality
4112	its share calculated in the manner provided in s. 420.9072.
4113	c.  Any county or eligible municipality whose local
4114	distribution share has been terminated may subsequently elect to
4115	receive directly its local distribution share by adopting the
4116	ordinance, resolution, and local housing assistance plan in the
4117	manner and according to the procedures provided in ss. 420.907-
4118	420.9079.
4119	(14)  If the corporation determines that a county or
4120	eligible municipality has expended program funds for an
4121	ineligible activity, the corporation shall require such funds to
4122	be repaid to the local housing assistance trust fund. Such
4123	repayment may not be made with funds from State Housing
4124	Initiatives Partnership Program funds.
4125	Section 40.  Paragraph (h) of subsection (2), subsections
4126	(5) and (6), and paragraph (a) of subsection (7) of section
4127	420.9076, Florida Statutes, are amended to read:
4128	420.9076  Adoption of affordable housing incentive
4129	strategies; committees.--
4130	(2)  The governing board of a county or municipality shall
4131	appoint the members of the affordable housing advisory committee
4132	by resolution. Pursuant to the terms of any interlocal
4133	agreement, a county and municipality may create and jointly
4134	appoint an advisory committee to prepare a joint plan. The
4135	ordinance adopted pursuant to s. 420.9072 which creates the
4136	advisory committee or the resolution appointing the advisory
4137	committee members must provide for 11 committee members and
4138	their terms. The committee must include:
4139	(h)  One citizen who actively serves on the local planning
4140	agency pursuant to s. 163.3174. If the local planning agency is
4141	comprised of the county or municipality commission, the
4142	commission may appoint a designee who is knowledgeable in the
4143	local planning process.
4144
4145	If a county or eligible municipality whether due to its small
4146	size, the presence of a conflict of interest by prospective
4147	appointees, or other reasonable factor, is unable to appoint a
4148	citizen actively engaged in these activities in connection with
4149	affordable housing, a citizen engaged in the activity without
4150	regard to affordable housing may be appointed. Local governments
4151	that receive the minimum allocation under the State Housing
4152	Initiatives Partnership Program may elect to appoint an
4153	affordable housing advisory committee with fewer than 11
4154	representatives if they are unable to find representatives who
4155	meet the criteria of paragraphs (a)-(k).
4156	(5)  The approval by the advisory committee of its local
4157	housing incentive strategies recommendations and its review of
4158	local government implementation of previously recommended
4159	strategies must be made by affirmative vote of a majority of the
4160	membership of the advisory committee taken at a public hearing.
4161	Notice of the time, date, and place of the public hearing of the
4162	advisory committee to adopt its evaluation and final local
4163	housing incentive strategies recommendations must be published
4164	in a newspaper of general paid circulation in the county. The
4165	notice must contain a short and concise summary of the
4166	evaluation and local housing incentives strategies
4167	recommendations to be considered by the advisory committee. The
4168	notice must state the public place where a copy of the
4169	evaluation and tentative advisory committee recommendations can
4170	be obtained by interested persons. The final report, evaluation,
4171	and recommendations shall be submitted to the corporation.
4172	(6)  Within 90 days after the date of receipt of the
4173	evaluation and local housing incentive strategies
4174	recommendations from the advisory committee, the governing body
4175	of the appointing local government shall adopt an amendment to
4176	its local housing assistance plan to incorporate the local
4177	housing incentive strategies it will implement within its
4178	jurisdiction. The amendment must include, at a minimum, the
4179	local housing incentive strategies required under s.
4180	420.9071(16). The local government must consider the strategies
4181	specified in paragraphs (4)(a)-(k) as recommended by the
4182	advisory committee.
4183	(7)  The governing board of the county or the eligible
4184	municipality shall notify the corporation by certified mail of
4185	its adoption of an amendment of its local housing assistance
4186	plan to incorporate local housing incentive strategies. The
4187	notice must include a copy of the approved amended plan.
4188	(a)  If the corporation fails to receive timely the
4189	approved amended local housing assistance plan to incorporate
4190	local housing incentive strategies, a notice of termination of
4191	its share of the local housing distribution shall be sent by
4192	certified mail by the corporation to the affected county or
4193	eligible municipality. The notice of termination must specify a
4194	date of termination of the funding if the affected county or
4195	eligible municipality has not adopted an amended local housing
4196	assistance plan to incorporate local housing incentive
4197	strategies. If the county or the eligible municipality has not
4198	adopted an amended local housing assistance plan to incorporate
4199	local housing incentive strategies by the termination date
4200	specified in the notice of termination, the local distribution
4201	share terminates; and any uncommitted local distribution funds
4202	held by the affected county or eligible municipality in its
4203	local housing assistance trust fund shall be transferred to the
4204	Local Government Housing Trust Fund to the credit of the
4205	corporation to administer the local government housing program
4206	pursuant to s. 420.9078.
4207	Section 41.  Section 420.9079, Florida Statutes, is amended
4208	to read:
4209	420.9079  Local Government Housing Trust Fund.--
4210	(1)  There is created in the State Treasury the Local
4211	Government Housing Trust Fund, which shall be administered by
4212	the corporation on behalf of the department according to the
4213	provisions of ss. 420.907-420.9076 420.907-420.9078 and this
4214	section. There shall be deposited into the fund a portion of the
4215	documentary stamp tax revenues as provided in s. 201.15, moneys
4216	received from any other source for the purposes of ss. 420.907-
4217	420.9076 420.907-420.9078 and this section, and all proceeds
4218	derived from the investment of such moneys. Moneys in the fund
4219	that are not currently needed for the purposes of the programs
4220	administered pursuant to ss. 420.907-420.9076 420.907-420.9078
4221	and this section shall be deposited to the credit of the fund
4222	and may be invested as provided by law. The interest received on
4223	any such investment shall be credited to the fund.
4224	(2)  The corporation shall administer the fund exclusively
4225	for the purpose of implementing the programs described in ss.
4226	420.907-420.9076 420.907-420.9078 and this section. With the
4227	exception of monitoring the activities of counties and eligible
4228	municipalities to determine local compliance with program
4229	requirements, the corporation shall not receive appropriations
4230	from the fund for administrative or personnel costs. For the
4231	purpose of implementing the compliance monitoring provisions of
4232	s. 420.9075(9), the corporation may request a maximum of one-
4233	quarter of 1 percent of the annual appropriation per state
4234	fiscal year. When such funding is appropriated, the corporation
4235	shall deduct the amount appropriated prior to calculating the
4236	local housing distribution pursuant to ss. 420.9072 and
4237	420.9073.
4238	Section 42.  Subsection (12) of section 1001.43, Florida
4239	Statutes, is amended to read:
4240	1001.43  Supplemental powers and duties of district school
4241	board.--The district school board may exercise the following
4242	supplemental powers and duties as authorized by this code or
4243	State Board of Education rule.
4244	(12)  AFFORDABLE HOUSING.--A district school board may use
4245	portions of school sites purchased within the guidelines of the
4246	State Requirements for Educational Facilities, land deemed not
4247	usable for educational purposes because of location or other
4248	factors, or land declared as surplus by the board to provide
4249	sites for affordable housing for teachers and other district
4250	personnel and, in areas of critical state concern, for other
4251	essential services personnel as defined by local affordable
4252	housing eligibility requirements, independently or in
4253	conjunction with other agencies as described in subsection (5).
4254	Section 43.  Section 166.0451, Florida Statutes, is amended
4255	to read:
4256	166.0451  Disposition of municipal property for affordable
4257	housing.--
4258	(1)  By July 1, 2007, and every 3 years thereafter, each
4259	municipality shall prepare an inventory list of all real
4260	property within its jurisdiction to which the municipality holds
4261	fee simple title that is appropriate for use as affordable
4262	housing. The inventory list must include the address and legal
4263	description of each such property and specify whether the
4264	property is vacant or improved. The governing body of the
4265	municipality must review the inventory list at a public hearing
4266	and may revise it at the conclusion of the public hearing.
4267	Following the public hearing, the governing body of the
4268	municipality shall adopt a resolution that includes an inventory
4269	list of such property.
4270	(2)  The properties identified as appropriate for use as
4271	affordable housing on the inventory list adopted by the
4272	municipality may be offered for sale and the proceeds may be
4273	used to purchase land for the development of affordable housing
4274	or to increase the local government fund earmarked for
4275	affordable housing, or may be sold with a restriction that
4276	requires the development of the property as permanent affordable
4277	housing, or may be donated to a nonprofit housing organization
4278	for the construction of permanent affordable housing.
4279	Alternatively, the municipality may otherwise make the property
4280	available for use for the production and preservation of
4281	permanent affordable housing. For purposes of this section, the
4282	term "affordable" has the same meaning as in s. 420.0004(3).
4283	(3)  As a precondition to receiving any state affordable
4284	housing funding or allocation for any project or program within
4285	the municipality's jurisdiction, a municipality must, by July 1
4286	of each year, provide certification that the inventory and any
4287	update required by this section is complete.
4288	Section 44.  Paragraph (c) of subsection (6) of section
4289	253.034, Florida Statutes, is amended, and paragraph (d) is
4290	added to subsection (8) of that section, to read:
4291	253.034  State-owned lands; uses.--
4292	(6)  The Board of Trustees of the Internal Improvement
4293	Trust Fund shall determine which lands, the title to which is
4294	vested in the board, may be surplused. For conservation lands,
4295	the board shall make a determination that the lands are no
4296	longer needed for conservation purposes and may dispose of them
4297	by an affirmative vote of at least three members. In the case of
4298	a land exchange involving the disposition of conservation lands,
4299	the board must determine by an affirmative vote of at least
4300	three members that the exchange will result in a net positive
4301	conservation benefit. For all other lands, the board shall make
4302	a determination that the lands are no longer needed and may
4303	dispose of them by an affirmative vote of at least three
4304	members.
4305	(c)  At least every 5 10 years, as a component of each land
4306	management plan or land use plan and in a form and manner
4307	prescribed by rule by the board, each manager shall evaluate and
4308	indicate to the board those lands that are not being used for
4309	the purpose for which they were originally leased. For
4310	conservation lands, the council shall review and shall recommend
4311	to the board whether such lands should be retained in public
4312	ownership or disposed of by the board. For nonconservation
4313	lands, the division shall review such lands and shall recommend
4314	to the board whether such lands should be retained in public
4315	ownership or disposed of by the board.
4316	(8)
4317	(d)  Beginning December 1, 2008, the Division of State
4318	Lands shall annually submit to the President of the Senate and
4319	the Speaker of the House of Representatives a copy of the state
4320	inventory that identifies all nonconservation lands, including
4321	lands that meet the surplus requirements of subsection (6) and
4322	lands purchased by the state, a state agency, or a water
4323	management district which are not essential or necessary for
4324	conservation purposes. The division shall also publish a copy of
4325	the annual inventory on its website and notify by electronic
4326	mail the executive head of the governing body of each local
4327	government that has lands in the inventory within its
4328	jurisdiction.
4329	Section 45.  Subsection (6) of section 421.08, Florida
4330	Statutes, is amended to read:
4331	421.08  Powers of authority.--An authority shall constitute
4332	a public body corporate and politic, exercising the public and
4333	essential governmental functions set forth in this chapter, and
4334	having all the powers necessary or convenient to carry out and
4335	effectuate the purpose and provisions of this chapter, including
4336	the following powers in addition to others herein granted:
4337	(6)  Within its area of operation: to investigate into
4338	living, dwelling, and housing conditions and into the means and
4339	methods of improving such conditions; to determine where slum
4340	areas exist or where there is a shortage of decent, safe, and
4341	sanitary dwelling accommodations for persons of low income; to
4342	make studies and recommendations relating to the problem of
4343	clearing, replanning, and reconstruction of slum areas and the
4344	problem of providing dwelling accommodations for persons of low
4345	income; to administer fair housing ordinances and other
4346	ordinances as adopted by cities, counties, or other authorities
4347	who wish to contract for administrative services and to
4348	cooperate with the city, the county, the state or any political
4349	subdivision thereof in action taken in connection with such
4350	problems; and to engage in research, studies, and
4351	experimentation on the subject of housing. However, the housing
4352	authority may not take action to prohibit access to a housing
4353	project by a state or local elected official or a candidate for
4354	state or local government office.
4355	Section 46.  The Legislature directs the Department of
4356	Transportation to establish an approved transportation
4357	methodology which recognizes that a planned, sustainable
4358	development of regional impact will likely achieve an internal
4359	capture rate in excess of 40 percent when fully developed. The
4360	adopted transportation methodology shall use a regional
4361	transportation model which incorporates professionally accepted
4362	modeling techniques applicable to well planned sustainable
4363	communities of the size, location, mix of uses, and design
4364	features, consistent with such communities. The adopted
4365	transportation methodology shall serve as the basis for
4366	sustainable development's traffic impact assessments by the
4367	department. The methodology review shall be completed and in use
4368	no later than December 1, 2008.
4369	Section 47.  Section 420.9078, Florida Statutes, is
4370	repealed.
4371	Section 48.  The sum of $300,000 is appropriated from
4372	nonrecurring revenue in the General Revenue Fund to the
4373	Legislative Committee on Intergovernmental Relations for the
4374	2008-2009 fiscal year to pay for costs associated with the
4375	mobility fee study and pilot project program established in
4376	section 4.
4377	Section 49.  This act shall take effect July 1, 2008.
4378
4379
4380
4381
4382	-----------------------------------------------------
4383	T I T L E  A M E N D M E N T
4384	Remove the entire title and insert:
4385	A bill to be entitled
4386	An act relating to growth management; amending s. 125.379, F.S.;
4387	requiring counties to certify that they have prepared a list of
4388	county-owned property appropriate for affordable housing before
4389	obtaining certain funding; amending s. 163.3167, F.S.; revising
4390	prohibited initiatives or referenda; amending s. 163.3177, F.S.;
4391	extending a date for adopting and transmitting certain required
4392	amendments; revising criteria and requirements for future land
4393	use plan elements of local government comprehensive plans;
4394	revising requirements for a housing element; revising
4395	requirements for an intergovernmental coordination element;
4396	revising requirements for a transportation element; deleting
4397	provisions encouraging local governments to develop a community
4398	vision and to designate an urban service boundary; amending s.
4399	163.31771, F.S.; requiring a local government to amend its
4400	comprehensive plan to allow accessory dwelling units in an area
4401	zoned for single-family residential use; prohibiting such units
4402	from being treated as new units if there is a land use
4403	restriction agreement that restricts use to affordable housing;
4404	prohibiting accessory dwelling units from being located on
4405	certain land; amending s. 163.3180, F.S.; revising concurrency
4406	requirements; specifying municipal areas for transportation
4407	concurrency exception areas; revising provisions relating to the
4408	Strategic Intermodal System; deleting a requirement for local
4409	governments to annually submit a summary of de minimus records;
4410	increasing the percentage of transportation impacts that must be
4411	reserved for urban redevelopment; requiring concurrency
4412	management systems to be coordinated with the appropriate
4413	metropolitan planning organization; revising regional impact
4414	proportionate share provisions to allow for improvements outside
4415	the jurisdiction in certain circumstances; providing for the
4416	determination of mitigation to include credit for certain
4417	mitigation provided under an earlier phase, calculated at
4418	present value; defining the terms "present value" and
4419	"backlogged transportation facility"; revising the calculation
4420	of school capacity to include relocatables used by a school
4421	district; providing a minimum state availability standard for
4422	school concurrency; providing that a developer may not be
4423	required to reduce or eliminate backlog or address class size
4424	reduction; requiring charter schools to be considered as a
4425	mitigation option under certain circumstances; requiring school
4426	districts to include relocatables in their calculation of school
4427	capacity in certain circumstances; providing for an Urban
4428	Placemaking Initiative Pilot Project Program; providing for
4429	designating certain local governments as urban placemaking
4430	initiative pilot projects; providing purposes, requirements,
4431	criteria, procedures, and limitations for such local
4432	governments, the pilot projects, and the program; authorizing a
4433	methodology based on vehicle and miles traveled for calculating
4434	proportionate fair-share methodology; providing transportation
4435	concurrency incentives for private developers; providing for
4436	recommendations for the establishment of a uniform mobility fee
4437	methodology to replace the current transportation concurrency
4438	management system; providing legislative intent relating to
4439	mobility fees for certain purposes; requiring the Legislative
4440	Committee on Intergovernmental Relations to study and develop a
4441	methodology for a mobility fee system; providing study and fee
4442	applicability requirements; providing for establishing a
4443	mobility fee pilot program in certain counties and
4444	municipalities in such counties; providing coordination
4445	requirements for the committee and such local governments;
4446	requiring implementation by a certain date; providing program
4447	requirements and criteria; providing mobility fee requirements
4448	and limitations; amending s. 163.3184, F.S.; providing certain
4449	meeting and notice requirements for applications for future land
4450	use amendments; increasing the time period for agency review;
4451	providing circumstances for abandonment of a plan amendment;
4452	providing for extension and status reports; revising
4453	requirements for public hearings for comprehensive plans or plan
4454	amendments; providing procedures and requirements for assistance
4455	to local governments by the Rural Economic Development
4456	Initiative for plan amendments in rural areas of critical
4457	economic importance; providing limited application and
4458	exemptions for certain plan map amendments; authorizing affected
4459	persons to file petitions for administrative review challenging
4460	compliance of certain plan amendments; providing legislative
4461	findings relating to rural centers of economic development;
4462	providing a declaration of compelling state interest; providing
4463	a definition; authorizing certain landowners to apply for
4464	amendments to comprehensive plans for certain rural centers of
4465	economic development; providing application requirements,
4466	procedures, and limitations; deleting provisions relating to
4467	community vision and urban boundary amendments; amending s.
4468	163.3187, F.S.; authorizing plan amendments once a year;
4469	authorizing certain plan amendments twice a year; providing for
4470	exceptions; providing requirements for small scale amendment
4471	effective dates; amending s. 163.3245, F.S.; increasing the
4472	number of authorized optional sector plans pilot projects;
4473	amending s. 163.32465, F.S.; revising legislative findings;
4474	revising alternative state review process pilot program
4475	requirements and procedures; expanding application of the
4476	program; revising requirements for the initial hearing on
4477	comprehensive plan amendments for the program; revising
4478	requirements for administrative challenges to plan amendments
4479	for the program; creating s. 163.351, F.S.; providing
4480	requirements concerning reporting by community redevelopment
4481	agencies; requiring an annual report of progress and plans to
4482	the governing body; requiring that the agency and the county or
4483	municipality make such report available for public inspection;
4484	requiring that certain reports or information concerning
4485	dependent special districts be annually provided to the
4486	Department of Community Affairs; requiring that certain
4487	financial reports or information be annually provided to the
4488	Department of Financial Services; amending s. 163.356, F.S.;
4489	eliminating the requirement that community redevelopment
4490	agencies file and make available to the public certain reports
4491	concerning finances; amending s. 163.370, F.S.; specifying
4492	additional projects that may not be paid for or financed with
4493	increment revenues; amending s. 163.387, F.S.; revising criteria
4494	for making expenditures from moneys in the redevelopment trust
4495	fund; specifying that the list is not exclusive; eliminating
4496	requirements concerning the auditing of a community
4497	redevelopment agency's redevelopment trust fund; amending s.
4498	288.0655, F.S.; providing for a waiver of local match
4499	requirements for certain catalyst site funding applications;
4500	authorizing the office to award grants for a certain percentage
4501	of total infrastructure project costs for certain catalyst site
4502	funding applications; amending s. 288.0656, F.S.; providing
4503	legislative intent; revising definitions; providing certain
4504	additional review and action requirements for REDI relating to
4505	rural communities; revising representation on REDI; deleting a
4506	limitation on characterization as a rural area of critical
4507	economic concern; authorizing rural areas of critical economic
4508	concern to designate certain catalyst project for certain
4509	purposes; providing project requirements; requiring the
4510	initiative to assist local governments with certain
4511	comprehensive planning needs; providing procedures and
4512	requirements for such assistance; revising certain reporting
4513	requirements for REDI; amending s. 380.06, F.S.; requiring a
4514	specified level of service for certain transportation
4515	methodologies; revising criteria for extending application of
4516	certain deadline dates and approvals for developments of
4517	regional impact; expanding the exemption for certain proposed
4518	developments or redevelopments to include certain additional
4519	areas; providing an additional statutory exemption for certain
4520	developments in certain counties; providing requirements and
4521	limitations; amending s. 380.0651, F.S.; expanding the criteria
4522	for determining whether certain additional hotel or motel
4523	developments are required to undergo development-of-regional
4524	impact review; amending s. 403.121, F.S.; providing for
4525	limitations on building permits relating to consent orders;
4526	amending s. 420.615, F.S.; providing specified application and
4527	exemptions for certain comprehensive plan amendments relating to
4528	affordable housing land donation density bonus incentives;
4529	authorizing affected persons to file petitions for
4530	administrative review challenging compliance of such plan
4531	amendments; amending ss. 257.193, 288.019, 288.06561, 339.2819,
4532	and 627.6699, F.S.; correcting cross-references; amending s.
4533	125.0104, F.S.; allowing certain counties to use certain tax
4534	revenues for workforce, affordable, and employee housing;
4535	amending s. 159.807, F.S.; deleting a provision exempting the
4536	Florida Housing Finance Corporation from the applicability of
4537	certain uses of the state allocation pool; creating s. 193.018,
4538	F.S.; providing for the assessment of property receiving the
4539	low-income housing tax credit; defining the term "community land
4540	trust"; providing for the assessment of structural improvements,
4541	condominium parcels, and cooperative parcels on land owned by a
4542	community land trust and used to provide affordable housing;
4543	providing for the conveyance of structural improvements,
4544	condominium parcels, and cooperative parcels subject to certain
4545	conditions; specifying the criteria to be used in arriving at
4546	just valuation of a structural improvement, condominium parcel,
4547	or cooperative parcel; amending s. 212.055, F.S.; redefining the
4548	term "infrastructure" to allow the proceeds of a local
4549	government infrastructure surtax to be used to purchase land for
4550	certain purposes relating to construction of affordable housing;
4551	amending s. 420.503, F.S.; defining the term "moderate
4552	rehabilitation" for purposes of the Florida Housing Finance
4553	Corporation Act; amending s. 420.507, F.S.; providing the
4554	corporation with certain powers relating to developing and
4555	administering a grant program; amending s. 420.5087, F.S.;
4556	revising purposes for which state apartment incentive loans may
4557	be used; amending s. 420.5095, F.S.; providing for the
4558	disbursement of certain Community Workforce Housing Innovation
4559	Pilot Program funds that were awarded but have been declined or
4560	returned; amending s. 420.615, F.S.; revising provisions
4561	relating to comprehensive plan amendments; authorizing certain
4562	persons to challenge the compliance of an amendment; creating s.
4563	420.628, F.S.; providing legislative findings and intent;
4564	requiring certain governmental entities to develop and implement
4565	strategies and procedures designed to increase affordable
4566	housing opportunities for young adults who are leaving the child
4567	welfare system; amending s. 420.9071, F.S.; revising and
4568	providing definitions; amending s. 420.9072, F.S.; conforming a
4569	cross-reference; amending s. 420.9073, F.S.; revising the
4570	frequency with which local housing distributions are to be made
4571	by the corporation; authorizing the corporation to withhold
4572	funds from the total distribution annually for specified
4573	purposes; requiring counties and eligible municipalities that
4574	receive local housing distributions to expend those funds in a
4575	specified manner; amending s. 420.9075, F.S.; requiring that
4576	local housing assistance plans address the special housing needs
4577	of persons with disabilities; authorizing the corporation to
4578	define high-cost counties and eligible municipalities by rule;
4579	authorizing high-cost counties and certain municipalities to
4580	assist persons and households meeting specific income
4581	requirements; revising requirements to be included in the local
4582	housing assistance plan; requiring counties and certain
4583	municipalities to include certain initiatives and strategies in
4584	the local housing assistance plan; revising criteria that
4585	applies to awards made for the purpose of providing eligible
4586	housing; authorizing and limiting the percentage of funds from
4587	the local housing distribution that may be used for manufactured
4588	housing; extending the expiration date of an exemption from
4589	certain income requirements in specified areas; authorizing the
4590	use of certain funds for preconstruction activities; providing
4591	that certain costs are a program expense; authorizing counties
4592	and certain municipalities to award grant funds under certain
4593	conditions; providing for the repayment of funds by the local
4594	housing assistance trust fund; amending s. 420.9076, F.S.;
4595	revising appointments to a local affordable housing advisory
4596	committee; revising notice requirements for public hearings of
4597	the advisory committee; requiring the committee's final report,
4598	evaluation, and recommendations to be submitted to the
4599	corporation; deleting cross-references to conform to changes
4600	made by the act; amending s. 420.9079, F.S.; conforming cross-
4601	references; amending s. 1001.43, F.S.; revising district school
4602	board powers and duties in relation to use of land for
4603	affordable housing in certain areas for certain personnel;
4604	amending s. 166.0451, F.S.; requiring municipalities to certify
4605	that they have prepared a list of county-owned property
4606	appropriate for affordable housing before obtaining certain
4607	funding; amending s. 253.034, F.S.; requiring that a manager of
4608	conservation lands report to the Board of Trustees of the
4609	Internal Improvement Trust Fund at specified intervals regarding
4610	those lands not being used for the purpose for which they were
4611	originally leased; requiring that the Division of State Lands
4612	annually submit to the President of the Senate and the Speaker
4613	of the House of Representatives a copy of the state inventory
4614	identifying all nonconservation lands; requiring the division to
4615	publish a copy of the annual inventory on its website and notify
4616	by electronic mail the executive head of the governing body of
4617	each local government having lands in the inventory within its
4618	jurisdiction; amending s. 421.08, F.S.; limiting the authority
4619	of housing authorities under certain circumstances; directing
4620	the Department of Transportation to establish an approved
4621	transportation methodology for certain purpose; providing
4622	requirements; requiring a report; repealing s. 420.9078, F.S.,
4623	relating to state administration of funds remaining in the Local
4624	Government Housing Trust Fund; providing an appropriation;
4625	providing an effective date.

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