1 | A bill to be entitled |
2 | An act relating to growth management; amending s. |
3 | 163.3167, F.S.; revising prohibited initiatives or |
4 | referenda; amending s. 163.3177, F.S.; extending a date |
5 | for adopting and transmitting certain required amendments; |
6 | revising criteria and requirements for future land use |
7 | plan elements of local government comprehensive plans; |
8 | revising requirements for a housing element; revising |
9 | requirements for an intergovernmental coordination |
10 | element; revising requirements for a transportation |
11 | element; amending s. 163.3180, F.S.; establishing certain |
12 | transportation concurrency exception areas for certain |
13 | purposes; providing requirements; establishing urban |
14 | redevelopment impacts; revising long-term concurrency |
15 | requirements; revising development of regional impact |
16 | proportionate share requirements; providing a definition; |
17 | specifying charter school mitigation options; revising |
18 | multimodal transportation district requirements; providing |
19 | definitions; providing a calculation methodology for |
20 | certain developments' future mitigation costs; providing |
21 | for an Urban Placemaking Initiative Pilot Project Program; |
22 | providing for designating certain local governments as |
23 | urban placemaking initiative pilot projects; providing |
24 | purposes, requirements, criteria, procedures, and |
25 | limitations for such local governments, the pilot |
26 | projects, and the program; revising development |
27 | proportionate fair-share requirements; providing a |
28 | definition; providing legislative findings relating to |
29 | transportation concurrency; providing legislative intent |
30 | relating to mobility fees for certain purposes; requiring |
31 | the Legislative Committee on Intergovernmental Relations |
32 | to study and develop a methodology for a mobility fee |
33 | system; providing study and fee applicability |
34 | requirements; providing for establishing a mobility fee |
35 | pilot program in certain counties and municipalities in |
36 | such counties; providing coordination requirements for the |
37 | committee and such local governments; requiring |
38 | implementation by a certain date; providing program |
39 | requirements and criteria; providing mobility fee |
40 | requirements and limitations; amending s. 163.31801, F.S.; |
41 | specifying additional criteria for requirements for |
42 | certain local government impact fees; imposing an |
43 | evidentiary burden on persons or entities challenging an |
44 | impact fee in impact fee validity challenge actions; |
45 | amending s. 163.3184, F.S.; providing certain meeting and |
46 | notice requirements for applications for future land use |
47 | amendments; increasing the time period for agency review; |
48 | providing circumstances for abandonment of a plan |
49 | amendment; providing for extension and status reports; |
50 | revising requirements for public hearings for |
51 | comprehensive plans or plan amendments; providing |
52 | procedures and requirements for assistance to local |
53 | governments by the Rural Economic Development Initiative |
54 | for plan amendments in rural areas of critical economic |
55 | importance; providing limited application and exemptions |
56 | for certain plan map amendments; authorizing affected |
57 | persons to file petitions for administrative review |
58 | challenging compliance of certain plan amendments; |
59 | providing legislative findings relating to rural centers |
60 | of economic development; providing a declaration of |
61 | compelling state interest; providing a definition; |
62 | authorizing certain landowners to apply for amendments to |
63 | comprehensive plans for certain rural centers of economic |
64 | development; providing application requirements, |
65 | procedures, and limitations; amending s. 163.3187, F.S.; |
66 | authorizing plan amendments once a year; authorizing |
67 | certain plan amendments twice a year; providing for |
68 | exceptions; providing requirements for small scale |
69 | amendment effective dates; amending s. 163.3245, F.S.; |
70 | increasing the number of authorized optional sector plans |
71 | pilot projects; amending s. 163.32465, F.S.; revising |
72 | legislative findings; revising alternative state review |
73 | process pilot program requirements and procedures; |
74 | expanding application of the program; revising |
75 | requirements for the initial hearing on comprehensive plan |
76 | amendments for the program; revising requirements for |
77 | administrative challenges to plan amendments for the |
78 | program; creating s. 163.351, F.S.; revising requirements |
79 | concerning reporting by community redevelopment agencies; |
80 | requiring an annual report of progress and plans to the |
81 | governing body; requiring that the agency and the county |
82 | or municipality make such report available for public |
83 | inspection; requiring that certain reports or information |
84 | concerning dependent special districts be annually |
85 | provided to the Department of Community Affairs; requiring |
86 | that certain financial reports or information be annually |
87 | provided to the Department of Financial Services; amending |
88 | s. 163.356, F.S.; eliminating the requirement that |
89 | community redevelopment agencies file and make available |
90 | to the public certain reports concerning finances; |
91 | amending s. 163.370, F.S.; specifying additional projects |
92 | that may not be paid for or financed with increment |
93 | revenues; amending s. 163.387, F.S.; revising criteria for |
94 | making expenditures from moneys in the redevelopment trust |
95 | fund; specifying that the list is not exclusive; |
96 | eliminating requirements concerning the auditing of a |
97 | community redevelopment agency's redevelopment trust fund; |
98 | amending s. 288.0655, F.S.; providing for a waiver of |
99 | local match requirements for certain catalyst site funding |
100 | applications; authorizing the office to award grants for a |
101 | certain percentage of total infrastructure project costs |
102 | for certain catalyst site funding applications; amending |
103 | s. 288.0656, F.S.; providing legislative intent; revising |
104 | definitions; providing certain additional review and |
105 | action requirements for REDI relating to rural |
106 | communities; revising representation on REDI; deleting a |
107 | limitation on characterization as a rural area of critical |
108 | economic concern; authorizing rural areas of critical |
109 | economic concern to designate certain catalyst project for |
110 | certain purposes; providing project requirements; |
111 | requiring the initiative to assist local governments with |
112 | certain comprehensive planning needs; providing procedures |
113 | and requirements for such assistance; revising certain |
114 | reporting requirements for REDI; amending s. 380.06, F.S.; |
115 | requiring a specified level of service for certain |
116 | transportation methodologies; revising criteria for |
117 | extending application of certain deadline dates and |
118 | approvals for developments of regional impact; expanding |
119 | the exemption for certain proposed developments or |
120 | redevelopments to include certain additional areas; |
121 | providing an additional statutory exemption for certain |
122 | developments in certain counties; providing requirements |
123 | and limitations; amending s. 380.0651, F.S.; expanding the |
124 | criteria for determining whether certain additional hotel |
125 | or motel developments are required to undergo development- |
126 | of-regional impact review; amending s. 403.121, F.S.; |
127 | providing for limitations on building permits relating to |
128 | consent orders; amending s. 420.615, F.S.; providing |
129 | specified application and exemptions for certain |
130 | comprehensive plan amendments relating to affordable |
131 | housing land donation density bonus incentives; |
132 | authorizing affected persons to file petitions for |
133 | administrative review challenging compliance of such plan |
134 | amendments; amending ss. 257.193, 288.019, 288.06561, |
135 | 339.2819, and 627.6699, F.S.; correcting cross-references; |
136 | providing an appropriation; providing an effective date. |
137 |
|
138 | Be It Enacted by the Legislature of the State of Florida: |
139 |
|
140 | Section 1. Subsection (12) of section 163.3167, Florida |
141 | Statutes, is amended to read: |
142 | 163.3167 Scope of act.-- |
143 | (12) An initiative or referendum process in regard to any |
144 | of the following is prohibited: |
145 | (a) Any development order; or |
146 | (b) in regard to Any local comprehensive plan amendment or |
147 | map amendment that applies to affects five or fewer parcels of |
148 | land is prohibited. |
149 | Section 2. Paragraph (b) of subsection (3) and paragraphs |
150 | (a), (f), (h), and (j) of subsection (6) of section 163.3177, |
151 | Florida Statutes, are amended to read: |
152 | 163.3177 Required and optional elements of comprehensive |
153 | plan; studies and surveys.-- |
154 | (3) |
155 | (b)1. The capital improvements element must be reviewed on |
156 | an annual basis and modified as necessary in accordance with s. |
157 | 163.3187 or s. 163.3189 in order to maintain a financially |
158 | feasible 5-year schedule of capital improvements. Corrections |
159 | and modifications concerning costs; revenue sources; or |
160 | acceptance of facilities pursuant to dedications which are |
161 | consistent with the plan may be accomplished by ordinance and |
162 | shall not be deemed to be amendments to the local comprehensive |
163 | plan. A copy of the ordinance shall be transmitted to the state |
164 | land planning agency. An amendment to the comprehensive plan is |
165 | required to update the schedule on an annual basis or to |
166 | eliminate, defer, or delay the construction for any facility |
167 | listed in the 5-year schedule. All public facilities must be |
168 | consistent with the capital improvements element. Amendments to |
169 | implement this section must be adopted and transmitted no later |
170 | than December 1, 2009 2008. Thereafter, a local government may |
171 | not amend its future land use map, except for plan amendments to |
172 | meet new requirements under this part and emergency amendments |
173 | pursuant to s. 163.3187(1)(b) 163.3187(1)(a), after December 1, |
174 | 2009 2008, and every year thereafter, unless and until the local |
175 | government has adopted the annual update and it has been |
176 | transmitted to the state land planning agency. |
177 | 2. Capital improvements element amendments adopted after |
178 | the effective date of this act shall require only a single |
179 | public hearing before the governing board which shall be an |
180 | adoption hearing as described in s. 163.3184(7). Such amendments |
181 | are not subject to the requirements of s. 163.3184(3)-(6). |
182 | (6) In addition to the requirements of subsections (1)-(5) |
183 | and (12), the comprehensive plan shall include the following |
184 | elements: |
185 | (a) A future land use plan element designating proposed |
186 | future general distribution, location, and extent of the uses of |
187 | land for residential uses, commercial uses, industry, |
188 | agriculture, recreation, conservation, education, public |
189 | buildings and grounds, other public facilities, and other |
190 | categories of the public and private uses of land. Counties are |
191 | encouraged to designate rural land stewardship areas, pursuant |
192 | to the provisions of paragraph (11)(d), as overlays on the |
193 | future land use map. |
194 | 1. Each future land use category must be defined in terms |
195 | of uses included, and must include standards to be followed in |
196 | the control and distribution of population densities and |
197 | building and structure intensities. The proposed distribution, |
198 | location, and extent of the various categories of land use shall |
199 | be shown on a land use map or map series which shall be |
200 | supplemented by goals, policies, and measurable objectives. |
201 | 2. The future land use plan shall be based upon surveys, |
202 | studies, and data regarding the area, including the amount of |
203 | land required to accommodate anticipated growth; the projected |
204 | population of the area; the character of undeveloped land; the |
205 | availability of water supplies, public facilities, and services; |
206 | the need for redevelopment, including the renewal of blighted |
207 | areas and the elimination of nonconforming uses which are |
208 | inconsistent with the character of the community; the |
209 | compatibility of uses on lands adjacent to or closely proximate |
210 | to military installations; lands adjacent to an airport as |
211 | defined in s. 330.35 and consistent with s. 333.02; and, in |
212 | rural communities, the need for job creation, capital |
213 | investment, and economic development that will strengthen and |
214 | diversify the community's economy. |
215 | 3. The future land use plan may designate areas for future |
216 | planned development use involving combinations of types of uses |
217 | for which special regulations may be necessary to ensure |
218 | development in accord with the principles and standards of the |
219 | comprehensive plan and this act. |
220 | 4. The future land use plan element shall include criteria |
221 | to be used to achieve the compatibility of adjacent or closely |
222 | proximate lands with military installations and lands adjacent |
223 | to an airport as defined in s. 330.35 and consistent with s. |
224 | 333.02. |
225 | 5. In addition, For rural communities, the amount of land |
226 | designated for future planned industrial use shall be based upon |
227 | the need to mitigate conditions described in s. 288.0656(2)(c) |
228 | and shall surveys and studies that reflect the need for job |
229 | creation, capital investment, and the necessity to strengthen |
230 | and diversify the local economies, and shall not be limited |
231 | solely by the projected population of the rural community. |
232 | 6. The future land use plan of a county may also designate |
233 | areas for possible future municipal incorporation. |
234 | 7. The land use maps or map series shall generally |
235 | identify and depict historic district boundaries and shall |
236 | designate historically significant properties meriting |
237 | protection. |
238 | 8. For coastal counties, the future land use element must |
239 | include, without limitation, regulatory incentives and criteria |
240 | that encourage the preservation of recreational and commercial |
241 | working waterfronts as defined in s. 342.07. |
242 | 9. The future land use element must clearly identify the |
243 | land use categories in which public schools are an allowable |
244 | use. When delineating the land use categories in which public |
245 | schools are an allowable use, a local government shall include |
246 | in the categories sufficient land proximate to residential |
247 | development to meet the projected needs for schools in |
248 | coordination with public school boards and may establish |
249 | differing criteria for schools of different type or size. Each |
250 | local government shall include lands contiguous to existing |
251 | school sites, to the maximum extent possible, within the land |
252 | use categories in which public schools are an allowable use. The |
253 | failure by a local government to comply with these school siting |
254 | requirements will result in the prohibition of the local |
255 | government's ability to amend the local comprehensive plan, |
256 | except for plan amendments described in s. 163.3187(1)(b)2. |
257 | 163.3187(1)(b), until the school siting requirements are met. |
258 | Amendments proposed by a local government for purposes of |
259 | identifying the land use categories in which public schools are |
260 | an allowable use are exempt from the limitation on the frequency |
261 | of plan amendments contained in s. 163.3187. The future land use |
262 | element shall include criteria that encourage the location of |
263 | schools proximate to urban residential areas to the extent |
264 | possible and shall require that the local government seek to |
265 | collocate public facilities, such as parks, libraries, and |
266 | community centers, with schools to the extent possible and to |
267 | encourage the use of elementary schools as focal points for |
268 | neighborhoods. For schools serving predominantly rural counties, |
269 | defined as a county with a population of 100,000 or fewer, an |
270 | agricultural land use category shall be eligible for the |
271 | location of public school facilities if the local comprehensive |
272 | plan contains school siting criteria and the location is |
273 | consistent with such criteria. |
274 | 10. Local governments required to update or amend their |
275 | comprehensive plan to include criteria and address compatibility |
276 | of land adjacent to an airport as defined in s. 330.35 and |
277 | consistent with s. 333.02 or closely proximate lands with |
278 | existing military installations in their future land use plan |
279 | element shall transmit the update or amendment to the state land |
280 | planning agency department by June 30, 2011 2006. |
281 | (f)1. A housing element consisting of standards, plans, |
282 | and principles to be followed in: |
283 | a. The provision of housing for all current and |
284 | anticipated future residents of the jurisdiction. |
285 | b. The elimination of substandard dwelling conditions. |
286 | c. The structural and aesthetic improvement of existing |
287 | housing. |
288 | d. The provision of adequate sites for future housing, |
289 | including affordable workforce housing as defined in s. |
290 | 380.0651(3)(j), housing for low-income, very low-income, and |
291 | moderate-income families, mobile homes, and group home |
292 | facilities and foster care facilities, with supporting |
293 | infrastructure and public facilities. |
294 | e. Provision for relocation housing and identification of |
295 | historically significant and other housing for purposes of |
296 | conservation, rehabilitation, or replacement. |
297 | f. The formulation of housing implementation programs. |
298 | g. The creation or preservation of affordable housing to |
299 | minimize the need for additional local services and avoid the |
300 | concentration of affordable housing units only in specific areas |
301 | of the jurisdiction. |
302 |
|
303 | The goals, objectives, and policies of the housing element must |
304 | be based on the data and analysis prepared on housing needs, |
305 | including the affordable housing needs assessment. State and |
306 | federal housing plans prepared on behalf of the local government |
307 | must be consistent with the goals, objectives, and policies of |
308 | the housing element. Local governments are encouraged to utilize |
309 | job training, job creation, and economic solutions to address a |
310 | portion of their affordable housing concerns. |
311 | 2.h. By July 1, 2008, each county in which the gap between |
312 | the buying power of a family of four and the median county home |
313 | sale price exceeds $170,000, as determined by the Florida |
314 | Housing Finance Corporation, and which is not designated as an |
315 | area of critical state concern shall adopt a plan for ensuring |
316 | affordable workforce housing. At a minimum, the plan shall |
317 | identify adequate sites for such housing. For purposes of this |
318 | sub-subparagraph, the term "workforce housing" means housing |
319 | that is affordable to natural persons or families whose total |
320 | household income does not exceed 140 percent of the area median |
321 | income, adjusted for household size. |
322 | 3. As a precondition to receiving any state affordable |
323 | housing funding or allocation for any project or program within |
324 | a county's or municipality's jurisdiction, a county or |
325 | municipality shall provide by July 1 of each year certification |
326 | that the inventory required in s. 125.379 or s. 166.0451, |
327 | respectively, and any update required by this section are |
328 | complete. |
329 | i. Failure by a local government to comply with the |
330 | requirement in sub-subparagraph h. will result in the local |
331 | government being ineligible to receive any state housing |
332 | assistance grants until the requirement of sub-subparagraph h. |
333 | is met. |
334 |
|
335 | The goals, objectives, and policies of the housing element must |
336 | be based on the data and analysis prepared on housing needs, |
337 | including the affordable housing needs assessment. State and |
338 | federal housing plans prepared on behalf of the local government |
339 | must be consistent with the goals, objectives, and policies of |
340 | the housing element. Local governments are encouraged to utilize |
341 | job training, job creation, and economic solutions to address a |
342 | portion of their affordable housing concerns. |
343 | 4.2. To assist local governments in housing data |
344 | collection and analysis and assure uniform and consistent |
345 | information regarding the state's housing needs, the state land |
346 | planning agency shall conduct an affordable housing needs |
347 | assessment for all local jurisdictions on a schedule that |
348 | coordinates the implementation of the needs assessment with the |
349 | evaluation and appraisal reports required by s. 163.3191. Each |
350 | local government shall utilize the data and analysis from the |
351 | needs assessment as one basis for the housing element of its |
352 | local comprehensive plan. The agency shall allow a local |
353 | government the option to perform its own needs assessment, if it |
354 | uses the methodology established by the agency by rule. |
355 | (h)1. An intergovernmental coordination element showing |
356 | relationships and stating principles and guidelines to be used |
357 | in coordinating the accomplishment of coordination of the |
358 | adopted comprehensive plan with the plans of school boards, |
359 | regional water supply authorities, and other units of local |
360 | government providing services but not having regulatory |
361 | authority over the use of land, with the comprehensive plans of |
362 | adjacent municipalities, the county, adjacent counties, or the |
363 | region, with the state comprehensive plan and with the |
364 | applicable regional water supply plan approved pursuant to s. |
365 | 373.0361, as the case may require and as such adopted plans or |
366 | plans in preparation may exist. This element of the local |
367 | comprehensive plan shall demonstrate consideration of the |
368 | particular effects of the local plan, when adopted, upon the |
369 | development of adjacent municipalities, the county, adjacent |
370 | counties, or the region, or upon the state comprehensive plan, |
371 | as the case may require. |
372 | a. The intergovernmental coordination element shall |
373 | provide for procedures for identifying and implementing to |
374 | identify and implement joint planning areas, especially for the |
375 | purpose of annexation, municipal incorporation, and joint |
376 | infrastructure service areas. |
377 | b. The intergovernmental coordination element must shall |
378 | provide for recognition of campus master plans prepared pursuant |
379 | to s. 1013.30 and airport master plans pursuant to paragraph |
380 | (k). |
381 | c. The intergovernmental coordination element may provide |
382 | for a voluntary dispute resolution process, as established |
383 | pursuant to s. 186.509, for bringing to closure in a timely |
384 | manner intergovernmental disputes to closure in a timely manner. |
385 | A local government may also develop and use an alternative local |
386 | dispute resolution process for this purpose. |
387 | d. The intergovernmental coordination element must provide |
388 | for interlocal agreements, as established pursuant to s. |
389 | 333.03(1)(b). |
390 | 2. The intergovernmental coordination element shall |
391 | further state principles and guidelines to be used in the |
392 | accomplishment of coordination of the adopted comprehensive plan |
393 | with the plans of school boards and other units of local |
394 | government providing facilities and services but not having |
395 | regulatory authority over the use of land. In addition, the |
396 | intergovernmental coordination element shall describe joint |
397 | processes for collaborative planning and decisionmaking on |
398 | population projections and public school siting, the location |
399 | and extension of public facilities subject to concurrency, and |
400 | siting facilities with countywide significance, including |
401 | locally unwanted land uses whose nature and identity are |
402 | established in an agreement. Within 1 year of adopting their |
403 | intergovernmental coordination elements, each county, all the |
404 | municipalities within that county, the district school board, |
405 | and any unit of local government service providers in that |
406 | county shall establish by interlocal or other formal agreement |
407 | executed by all affected entities, the joint processes described |
408 | in this subparagraph consistent with their adopted |
409 | intergovernmental coordination elements. |
410 | 3. To foster coordination between special districts and |
411 | local general-purpose governments as local general-purpose |
412 | governments implement local comprehensive plans, each |
413 | independent special district must submit a public facilities |
414 | report to the appropriate local government as required by s. |
415 | 189.415. |
416 | 4.a. Local governments must execute an interlocal |
417 | agreement with the district school board, the county, and |
418 | nonexempt municipalities pursuant to s. 163.31777. The local |
419 | government shall amend the intergovernmental coordination |
420 | element to provide that coordination between the local |
421 | government and school board is pursuant to the agreement and |
422 | shall state the obligations of the local government under the |
423 | agreement. |
424 | b. Plan amendments that comply with this subparagraph are |
425 | exempt from the provisions of s. 163.3187(1). |
426 | 5. The state land planning agency shall establish a |
427 | schedule for phased completion and transmittal of plan |
428 | amendments to implement subparagraphs 1., 2., and 3. from all |
429 | jurisdictions so as to accomplish their adoption by December 31, |
430 | 1999. A local government may complete and transmit its plan |
431 | amendments to carry out these provisions prior to the scheduled |
432 | date established by the state land planning agency. The plan |
433 | amendments are exempt from the provisions of s. 163.3187(1). |
434 | 6. By January 1, 2004, any county having a population |
435 | greater than 100,000, and the municipalities and special |
436 | districts within that county, shall submit a report to the |
437 | Department of Community Affairs which: |
438 | a. Identifies all existing or proposed interlocal service |
439 | delivery agreements regarding the following: education; sanitary |
440 | sewer; public safety; solid waste; drainage; potable water; |
441 | parks and recreation; and transportation facilities. |
442 | b. Identifies any deficits or duplication in the provision |
443 | of services within its jurisdiction, whether capital or |
444 | operational. Upon request, the Department of Community Affairs |
445 | shall provide technical assistance to the local governments in |
446 | identifying deficits or duplication. |
447 | 7. Within 6 months after submission of the report, the |
448 | Department of Community Affairs shall, through the appropriate |
449 | regional planning council, coordinate a meeting of all local |
450 | governments within the regional planning area to discuss the |
451 | reports and potential strategies to remedy any identified |
452 | deficiencies or duplications. |
453 | 8. Each local government shall update its |
454 | intergovernmental coordination element based upon the findings |
455 | in the report submitted pursuant to subparagraph 6. The report |
456 | may be used as supporting data and analysis for the |
457 | intergovernmental coordination element. |
458 | (j) For each unit of local government within an urbanized |
459 | area designated for purposes of s. 339.175, a transportation |
460 | element, which shall be prepared and adopted in lieu of the |
461 | requirements of paragraph (b) and paragraphs (7)(a), (b), (c), |
462 | and (d) and which shall address the following issues: |
463 | 1. Traffic circulation, including major thoroughfares and |
464 | other routes, including bicycle and pedestrian ways. |
465 | 2. All alternative modes of travel, such as public |
466 | transportation, pedestrian, and bicycle travel. |
467 | 3. Parking facilities. |
468 | 4. Aviation, rail, seaport facilities, access to those |
469 | facilities, and intermodal terminals. |
470 | 5. The availability of facilities and services to serve |
471 | existing land uses and the compatibility between future land use |
472 | and transportation elements. |
473 | 6. The capability to evacuate the coastal population prior |
474 | to an impending natural disaster. |
475 | 7. Airports, projected airport and aviation development, |
476 | and land use compatibility around airports that includes areas |
477 | defined in s. 333.01 and described in s. 333.02. |
478 | 8. An identification of land use densities, building |
479 | intensities, and transportation management programs to promote |
480 | public transportation systems in designated public |
481 | transportation corridors so as to encourage population densities |
482 | sufficient to support such systems. |
483 | 9. May include transportation corridors, as defined in s. |
484 | 334.03, intended for future transportation facilities designated |
485 | pursuant to s. 337.273. If transportation corridors are |
486 | designated, the local government may adopt a transportation |
487 | corridor management ordinance. |
488 | Section 3. Subsections (5), (8), (9), and (12), paragraph |
489 | (e) of subsection (13), and subsection (16) of section 163.3180, |
490 | Florida Statutes, are amended, and paragraph (f) is added to |
491 | subsection (15) of that section, to read: |
492 | 163.3180 Concurrency.-- |
493 | (5)(a) Countervailing planning and public policy |
494 | goals.--The Legislature finds that under limited circumstances |
495 | dealing with transportation facilities, countervailing planning |
496 | and public policy goals may come into conflict with the |
497 | requirement that adequate public transportation facilities and |
498 | services be available concurrent with the impacts of such |
499 | development. The Legislature further finds that often the |
500 | unintended result of the concurrency requirement for |
501 | transportation facilities is often the discouragement of urban |
502 | infill development and redevelopment. Such unintended results |
503 | directly conflict with the goals and policies of the state |
504 | comprehensive plan and the intent of this part. The Legislature |
505 | finds that in urban centers transportation cannot be effectively |
506 | managed and mobility cannot be improved solely through expansion |
507 | of roadway capacity, that in many urban areas the expansion of |
508 | roadway capacity is not always physically or financially |
509 | possible, and that a range of transportation alternatives are |
510 | essential to satisfy mobility needs, reduce congestion, and |
511 | achieve healthy, vibrant centers. Therefore, exceptions from the |
512 | concurrency requirement for transportation facilities may be |
513 | granted as provided by this subsection. |
514 | (b) Geographic applicability of transportation concurrency |
515 | exception areas.-- |
516 | 1. Transportation concurrency exception areas are |
517 | established for those geographic areas identified in the |
518 | comprehensive plan for urban infill development, urban |
519 | redevelopment, downtown revitalization, or urban infill and |
520 | redevelopment under s. 163.2517. |
521 | 2. A local government may grant an exception from the |
522 | concurrency requirement for transportation facilities if the |
523 | proposed development is otherwise consistent with the adopted |
524 | local government comprehensive plan and is a project that |
525 | promotes public transportation or is located within an area |
526 | designated in the comprehensive plan as for: |
527 | 1. Urban infill development; |
528 | 2. Urban redevelopment; |
529 | 3. Downtown revitalization; |
530 | 4. Urban infill and redevelopment under s. 163.2517; or |
531 | 5. an urban service area specifically designated as a |
532 | transportation concurrency exception area which includes lands |
533 | appropriate for compact, contiguous urban development, which |
534 | does not exceed the amount of land needed to accommodate the |
535 | projected population growth at densities consistent with the |
536 | adopted comprehensive plan within the 10-year planning period, |
537 | and which is served or is planned to be served with public |
538 | facilities and services as provided by the capital improvements |
539 | element. |
540 | (c) Projects with special part-time demands.--The |
541 | Legislature also finds that developments located within urban |
542 | infill, urban redevelopment, existing urban service, or downtown |
543 | revitalization areas or areas designated as urban infill and |
544 | redevelopment areas under s. 163.2517 which pose only special |
545 | part-time demands on the transportation system should be |
546 | excepted from the concurrency requirement for transportation |
547 | facilities. A special part-time demand is one that does not have |
548 | more than 200 scheduled events during any calendar year and does |
549 | not affect the 100 highest traffic volume hours. |
550 | (d) Establishment of concurrency exception areas.--For |
551 | transportation concurrency exception areas adopted pursuant to |
552 | subparagraph (b)2., the following requirements apply: |
553 | 1. A local government shall establish guidelines in the |
554 | comprehensive plan for granting the transportation concurrency |
555 | exceptions that authorized in paragraphs (b) and (c) and |
556 | subsections (7) and (15) which must be consistent with and |
557 | support a comprehensive strategy adopted in the plan to promote |
558 | and facilitate development consistent with the planning and |
559 | public policy goals upon which the establishment of the |
560 | concurrency exception areas was predicated the purpose of the |
561 | exceptions. |
562 | 2.(e) The local government shall adopt into the plan and |
563 | implement long-term strategies to support and fund mobility |
564 | within the designated exception area, including alternative |
565 | modes of transportation. The plan amendment must also |
566 | demonstrate how strategies will support the purpose of the |
567 | exception and how mobility within the designated exception area |
568 | will be provided. In addition, the strategies must address urban |
569 | design; appropriate land use mixes, including intensity and |
570 | density; and network connectivity plans needed to promote urban |
571 | infill, redevelopment, or downtown revitalization. The |
572 | comprehensive plan amendment designating the concurrency |
573 | exception area must be accompanied by data and analysis |
574 | justifying the size of the area. |
575 | 3.(f) Prior to the designation of a concurrency exception |
576 | area pursuant to subparagraph (b)2., the state land planning |
577 | agency and the Department of Transportation shall be consulted |
578 | by the local government to assess the effect impact that the |
579 | proposed exception area is expected to have on the adopted |
580 | level-of-service standards established for Strategic Intermodal |
581 | System facilities, as defined in s. 339.64, and roadway |
582 | facilities funded in accordance with s. 339.2819. Further, the |
583 | local government shall, in consultation with the state land |
584 | planning agency and the Department of Transportation, develop a |
585 | plan to mitigate any impacts to the Strategic Intermodal System, |
586 | including, if appropriate, access management, parallel reliever |
587 | roads, transportation demand management, and other measures. |
588 | 4. Local governments shall also meet with adjacent |
589 | jurisdictions that may be impacted by the designation to discuss |
590 | strategies to minimize impacts the development of a long-term |
591 | concurrency management system pursuant to subsection (9) and s. |
592 | 163.3177(3)(d). The exceptions may be available only within the |
593 | specific geographic area of the jurisdiction designated in the |
594 | plan. Pursuant to s. 163.3184, any affected person may challenge |
595 | a plan amendment establishing these guidelines and the areas |
596 | within which an exception could be granted. |
597 | (g) Transportation concurrency exception areas existing |
598 | prior to July 1, 2005, must, at a minimum, meet the provisions |
599 | of this section by July 1, 2006, or at the time of the |
600 | comprehensive plan update pursuant to the evaluation and |
601 | appraisal report, whichever occurs last. |
602 | (8) When assessing the transportation impacts of proposed |
603 | urban redevelopment within an established existing urban service |
604 | area, 150 110 percent of the actual transportation impact caused |
605 | by the previously existing development must be reserved for the |
606 | redevelopment, even if the previously existing development has a |
607 | lesser or nonexisting impact pursuant to the calculations of the |
608 | local government. Redevelopment requiring less than 150 110 |
609 | percent of the previously existing capacity may shall not be |
610 | prohibited due to the reduction of transportation levels of |
611 | service below the adopted standards. This does not preclude the |
612 | appropriate assessment of fees or accounting for the impacts |
613 | within the concurrency management system and capital |
614 | improvements program of the affected local government. This |
615 | paragraph does not affect local government requirements for |
616 | appropriate development permits. |
617 | (9)(a) Each local government may adopt as a part of its |
618 | plan, long-term transportation and school concurrency management |
619 | systems with a planning period of up to 10 years for specially |
620 | designated districts or areas where significant backlogs exist. |
621 | The plan may include interim level-of-service standards on |
622 | certain facilities and shall rely on the local government's |
623 | schedule of capital improvements for up to 10 years as a basis |
624 | for issuing development orders that authorize commencement of |
625 | construction in these designated districts or areas. The |
626 | concurrency management system must be designed to correct |
627 | existing deficiencies and set priorities for addressing |
628 | backlogged facilities. For a long-term transportation system, |
629 | the local government shall consult with the appropriate |
630 | metropolitan planning organization in setting priorities for |
631 | addressing backlogged facilities. The concurrency management |
632 | system must be financially feasible and consistent with other |
633 | portions of the adopted local plan, including the future land |
634 | use map. |
635 | (b) If a local government has a transportation or school |
636 | facility backlog for existing development which cannot be |
637 | adequately addressed in a 10-year plan, the state land planning |
638 | agency may allow it to develop a plan and long-term schedule of |
639 | capital improvements covering up to 15 years for good and |
640 | sufficient cause, based on a general comparison between that |
641 | local government and all other similarly situated local |
642 | jurisdictions, using the following factors: |
643 | 1. The extent of the backlog. |
644 | 2. For roads, whether the backlog is on local or state |
645 | roads. |
646 | 3. The cost of eliminating the backlog. |
647 | 4. The local government's tax and other revenue-raising |
648 | efforts. |
649 | (c) The local government may issue approvals to commence |
650 | construction notwithstanding this section, consistent with and |
651 | in areas that are subject to a long-term concurrency management |
652 | system. |
653 | (d) If the local government adopts a long-term concurrency |
654 | management system, it must evaluate the system periodically. At |
655 | a minimum, the local government must assess its progress toward |
656 | improving levels of service within the long-term concurrency |
657 | management district or area in the evaluation and appraisal |
658 | report and determine any changes that are necessary to |
659 | accelerate progress in meeting acceptable levels of service. |
660 | (12)(a) A development of regional impact may satisfy the |
661 | transportation concurrency requirements of the local |
662 | comprehensive plan, the local government's concurrency |
663 | management system, and s. 380.06 by payment of a proportionate- |
664 | share contribution for local and regionally significant traffic |
665 | impacts, if: |
666 | 1.(a) The development of regional impact which, based on |
667 | its location or mix of land uses, is designed to encourage |
668 | pedestrian or other nonautomotive modes of transportation; |
669 | 2.(b) The proportionate-share contribution for local and |
670 | regionally significant traffic impacts is sufficient to pay for |
671 | one or more required mobility improvements that will benefit a |
672 | regionally significant transportation facility; |
673 | 3.(c) The owner and developer of the development of |
674 | regional impact pays or assures payment of the proportionate- |
675 | share contribution; and |
676 | 4.(d) If the regionally significant transportation |
677 | facility to be constructed or improved is under the maintenance |
678 | authority of a governmental entity, as defined by s. 334.03(12), |
679 | other than the local government with jurisdiction over the |
680 | development of regional impact, the developer is required to |
681 | enter into a binding and legally enforceable commitment to |
682 | transfer funds to the governmental entity having maintenance |
683 | authority or to otherwise assure construction or improvement of |
684 | the facility. |
685 | (b) The proportionate-share contribution may be applied to |
686 | any transportation facility to satisfy the provisions of this |
687 | subsection and the local comprehensive plan, but, for the |
688 | purposes of this subsection, the amount of the proportionate- |
689 | share contribution shall be calculated based upon the cumulative |
690 | number of trips from the proposed development expected to reach |
691 | roadways during the peak hour from the complete buildout of a |
692 | stage or phase being approved, divided by the change in the peak |
693 | hour maximum service volume of roadways resulting from |
694 | construction of an improvement necessary to maintain the adopted |
695 | level of service, multiplied by the construction cost, at the |
696 | time of developer payment, of the improvement necessary to |
697 | maintain the adopted level of service. For purposes of this |
698 | subsection, "construction cost" includes all associated costs of |
699 | the improvement. Proportionate-share mitigation shall be limited |
700 | to ensure that a development of regional impact meeting the |
701 | requirements of this subsection mitigates its impact on the |
702 | transportation system but is not responsible for the additional |
703 | cost of reducing or eliminating backlogs. This subsection also |
704 | applies to Florida Quality Developments pursuant to s. 380.061 |
705 | and to detailed specific area plans implementing optional sector |
706 | plans pursuant to s. 163.3245. |
707 | (c) For purposes of this subsection, the term "backlogged |
708 | transportation facility" means a facility on which the adopted |
709 | level-of-service standard is exceeded by the existing trips plus |
710 | committed trips. A developer may not be required to fund or |
711 | construct proportionate-share mitigation for any backlogged |
712 | transportation facility that is more extensive than mitigation |
713 | necessary to offset the impact of the development project in |
714 | question. |
715 | (d) If the cumulative number of trips used in the formula |
716 | include the earlier stage or phase trips, calculation of the |
717 | proposed development's future mitigation costs shall account for |
718 | any previous stage or phase mitigation payments required by the |
719 | development order and provided by the developer. At the time the |
720 | later stage or phase calculations are made, previous mitigation |
721 | payments shall be calculated in present day dollars. To the |
722 | extent that previous mitigation included the donation of land or |
723 | developer constructed improvement, for purposes of this |
724 | subsection, the term "present day dollars" means the fair market |
725 | value of the right-of-way at the time of donation or the actual |
726 | dollar value of the construction improvements at the date of |
727 | completion adjusted by the Consumer Price Index. |
728 | (13) School concurrency shall be established on a |
729 | districtwide basis and shall include all public schools in the |
730 | district and all portions of the district, whether located in a |
731 | municipality or an unincorporated area unless exempt from the |
732 | public school facilities element pursuant to s. 163.3177(12). |
733 | The application of school concurrency to development shall be |
734 | based upon the adopted comprehensive plan, as amended. All local |
735 | governments within a county, except as provided in paragraph |
736 | (f), shall adopt and transmit to the state land planning agency |
737 | the necessary plan amendments, along with the interlocal |
738 | agreement, for a compliance review pursuant to s. 163.3184(7) |
739 | and (8). The minimum requirements for school concurrency are the |
740 | following: |
741 | (e) Availability standard.--Consistent with the public |
742 | welfare, a local government may not deny an application for site |
743 | plan, final subdivision approval, or the functional equivalent |
744 | for a development or phase of a development authorizing |
745 | residential development for failure to achieve and maintain the |
746 | level-of-service standard for public school capacity in a local |
747 | school concurrency management system where adequate school |
748 | facilities will be in place or under actual construction within |
749 | 3 years after the issuance of final subdivision or site plan |
750 | approval, or the functional equivalent. School concurrency is |
751 | satisfied if the developer executes a legally binding commitment |
752 | to provide mitigation proportionate to the demand for public |
753 | school facilities to be created by actual development of the |
754 | property, including, but not limited to, the options described |
755 | in subparagraph 1. Options for proportionate-share mitigation of |
756 | impacts on public school facilities must be established in the |
757 | public school facilities element and the interlocal agreement |
758 | pursuant to s. 163.31777. |
759 | 1. Appropriate mitigation options include the contribution |
760 | of land; the construction, expansion, or payment for land |
761 | acquisition or construction of a public school facility; the |
762 | construction of a charter school that complies with the |
763 | requirements of s. 1002.33(18)(f); or the creation of mitigation |
764 | banking based on the construction of a public school facility in |
765 | exchange for the right to sell capacity credits. Such options |
766 | must include execution by the applicant and the local government |
767 | of a development agreement that constitutes a legally binding |
768 | commitment to pay proportionate-share mitigation for the |
769 | additional residential units approved by the local government in |
770 | a development order and actually developed on the property, |
771 | taking into account residential density allowed on the property |
772 | prior to the plan amendment that increased the overall |
773 | residential density. The district school board must be a party |
774 | to such an agreement. As a condition of its entry into such a |
775 | development agreement, the local government may require the |
776 | landowner to agree to continuing renewal of the agreement upon |
777 | its expiration. |
778 | 2. If the education facilities plan and the public |
779 | educational facilities element authorize a contribution of land; |
780 | the construction, expansion, or payment for land acquisition; or |
781 | the construction or expansion of a public school facility, or a |
782 | portion thereof; or the construction of a charter school that |
783 | complies with the requirements of s. 1002.33(18)(f), as |
784 | proportionate-share mitigation, the local government shall |
785 | credit such a contribution, construction, expansion, or payment |
786 | toward any other impact fee or exaction imposed by local |
787 | ordinance for the same need, on a dollar-for-dollar basis at |
788 | fair market value. |
789 | 3. Any proportionate-share mitigation must be directed by |
790 | the school board toward a school capacity improvement identified |
791 | in a financially feasible 5-year district work plan that |
792 | satisfies the demands created by the development in accordance |
793 | with a binding developer's agreement. |
794 | 4. If a development is precluded from commencing because |
795 | there is inadequate classroom capacity to mitigate the impacts |
796 | of the development, the development may nevertheless commence if |
797 | there are accelerated facilities in an approved capital |
798 | improvement element scheduled for construction in year four or |
799 | later of such plan which, when built, will mitigate the proposed |
800 | development, or if such accelerated facilities will be in the |
801 | next annual update of the capital facilities element, the |
802 | developer enters into a binding, financially guaranteed |
803 | agreement with the school district to construct an accelerated |
804 | facility within the first 3 years of an approved capital |
805 | improvement plan, and the cost of the school facility is equal |
806 | to or greater than the development's proportionate share. When |
807 | the completed school facility is conveyed to the school |
808 | district, the developer shall receive impact fee credits usable |
809 | within the zone where the facility is constructed or any |
810 | attendance zone contiguous with or adjacent to the zone where |
811 | the facility is constructed. |
812 | 5. This paragraph does not limit the authority of a local |
813 | government to deny a development permit or its functional |
814 | equivalent pursuant to its home rule regulatory powers, except |
815 | as provided in this part. |
816 | (15) |
817 | (f) The state land planning agency may designate up to |
818 | five local governments as Urban Placemaking Initiative Pilot |
819 | Projects. The purpose of the pilot project program is to assist |
820 | local communities with redevelopment of primarily single-use |
821 | suburban areas that surround strategic corridors and crossroads, |
822 | to create livable, sustainable communities with a sense of |
823 | place. Pilot communities must have a county population of at |
824 | least 350,000, be able to demonstrate an ability to administer |
825 | the pilot project, and have appropriate potential redevelopment |
826 | areas suitable for the pilot project. Recognizing that both the |
827 | form of existing development patterns and strict application of |
828 | transportation concurrency requirements create obstacles to such |
829 | redevelopment, the pilot project program shall further the |
830 | ability of such communities to cultivate mixed-use and form- |
831 | based communities that integrate all modes of transportation. |
832 | The pilot project program shall provide an alternative |
833 | regulatory framework that allows for the creation of a |
834 | multimodal concurrency district that over the planning time |
835 | period allows pilot project communities to incrementally realize |
836 | the goals of the redevelopment area by guiding redevelopment of |
837 | parcels and cultivating multimodal development in targeted |
838 | transitional suburban areas. The Department of Transportation |
839 | shall provide technical support to the state land planning |
840 | agency and the department and the agency shall provide technical |
841 | assistance to the local governments in the implementation of the |
842 | pilot projects. |
843 | 1. Each pilot project community shall designate the |
844 | criteria for designation of urban placemaking redevelopment |
845 | areas in the future land use element of their comprehensive |
846 | plan. Such redevelopment areas must be within an adopted urban |
847 | service boundary or functional equivalent. Each pilot project |
848 | community shall also adopt comprehensive plan amendments that |
849 | set forth criteria for development of the urban placemaking |
850 | areas that contain land use and transportation strategies, |
851 | including, but not limited to, the community design elements set |
852 | forth in paragraph (c). A pilot project community shall |
853 | undertake a process of public engagement to coordinate community |
854 | vision, citizen interest, and development goals for developments |
855 | within the urban placemaking redevelopment areas. |
856 | 2. Each pilot project community may assign transportation |
857 | concurrency or trip generation credits and impact fee exemptions |
858 | or reductions and establish concurrency exceptions for |
859 | developments that meet the adopted comprehensive plan criteria |
860 | for urban placemaking redevelopment areas. The provisions of |
861 | paragraph (c) apply to designated urban placemaking |
862 | redevelopment areas. |
863 | 3. The state land planning agency shall submit a report by |
864 | March 1, 2011, to the Governor, the President of the Senate, and |
865 | the Speaker of the House of Representatives on the status of |
866 | each approved pilot project. The report must identify factors |
867 | that indicate whether or not the pilot project program has |
868 | demonstrated any success in urban placemaking and redevelopment |
869 | initiatives and whether the pilot project should be expanded for |
870 | use by other local governments. |
871 | (16) It is the intent of the Legislature to provide a |
872 | method by which the impacts of development on transportation |
873 | facilities can be mitigated by the cooperative efforts of the |
874 | public and private sectors. The methodology used to calculate |
875 | proportionate fair-share mitigation under this section shall be |
876 | as provided for in subsection (12) or a vehicle-miles-traveled |
877 | or people-miles-traveled methodology or an alternative |
878 | methodology, identified by the local government ordinance |
879 | provided for in paragraph (a), that ensures that development |
880 | impacts on transportation facilities are mitigated but that |
881 | future development is not responsible for the additional cost of |
882 | reducing or eliminating backlogs. |
883 | (a) By December 1, 2006, Each local government shall adopt |
884 | by ordinance a methodology for assessing proportionate fair- |
885 | share mitigation options. By December 1, 2005, the Department of |
886 | Transportation shall develop a model transportation concurrency |
887 | management ordinance with methodologies for assessing |
888 | proportionate fair-share mitigation options. |
889 | (b)1. In its transportation concurrency management system, |
890 | a local government shall, by December 1, 2006, include |
891 | methodologies that will be applied to calculate proportionate |
892 | fair-share mitigation or a vehicle-miles-traveled or people- |
893 | miles-traveled methodology or an alternative methodology, |
894 | identified by the local government ordinance provided for in |
895 | paragraph (a). A developer may choose to satisfy all |
896 | transportation concurrency requirements by contributing or |
897 | paying proportionate fair-share mitigation if transportation |
898 | facilities or facility segments identified as mitigation for |
899 | traffic impacts are specifically identified for funding in the |
900 | 5-year schedule of capital improvements in the capital |
901 | improvements element of the local plan or the long-term |
902 | concurrency management system or if such contributions or |
903 | payments to such facilities or segments are reflected in the 5- |
904 | year schedule of capital improvements in the next regularly |
905 | scheduled update of the capital improvements element. Updates to |
906 | the 5-year capital improvements element which reflect |
907 | proportionate fair-share contributions may not be found not in |
908 | compliance based on ss. 163.3164(32) and 163.3177(3) if |
909 | additional contributions, payments or funding sources are |
910 | reasonably anticipated during a period not to exceed 10 years to |
911 | fully mitigate impacts on the transportation facilities. |
912 | 2. Proportionate fair-share mitigation shall be applied as |
913 | a credit against impact fees to the extent that all or a portion |
914 | of the proportionate fair-share mitigation is used to address |
915 | the same capital infrastructure improvements contemplated by the |
916 | local government's impact fee ordinance. |
917 | (c) Proportionate fair-share mitigation includes, without |
918 | limitation, separately or collectively, private funds, |
919 | contributions of land, and construction and contribution of |
920 | facilities and may include public funds as determined by the |
921 | local government. Proportionate fair-share mitigation may be |
922 | directed toward one or more specific transportation improvements |
923 | reasonably related to the mobility demands created by the |
924 | development and such improvements may address one or more modes |
925 | of travel. The fair market value of the proportionate fair-share |
926 | mitigation shall not differ based on the form of mitigation. A |
927 | local government may not require a development to pay more than |
928 | its proportionate fair-share contribution regardless of the |
929 | method of mitigation. Proportionate fair-share mitigation shall |
930 | be limited to ensure that a development meeting the requirements |
931 | of this section mitigates its impact on the transportation |
932 | system but is not responsible for the additional cost of |
933 | reducing or eliminating backlogs. For purposes of this |
934 | subsection, the term "backlogged transportation facility" means |
935 | a facility on which the adopted level-of-service standard is |
936 | exceeded by the existing trips plus committed trips. A developer |
937 | may not be required to fund or construct proportionate-share |
938 | mitigation for any backlogged transportation facility that is |
939 | more extensive than mitigation necessary to offset the impact of |
940 | the development project in question. |
941 | (d) This subsection does not require a local government to |
942 | approve a development that is not otherwise qualified for |
943 | approval pursuant to the applicable local comprehensive plan and |
944 | land development regulations. |
945 | (e) Mitigation for development impacts to facilities on |
946 | the Strategic Intermodal System made pursuant to this subsection |
947 | requires the concurrence of the Department of Transportation. |
948 | (f) If the funds in an adopted 5-year capital improvements |
949 | element are insufficient to fully fund construction of a |
950 | transportation improvement required by the local government's |
951 | concurrency management system, a local government and a |
952 | developer may still enter into a binding proportionate-share |
953 | agreement authorizing the developer to construct that amount of |
954 | development on which the proportionate share is calculated if |
955 | the proportionate-share amount in such agreement is sufficient |
956 | to pay for one or more improvements which will, in the opinion |
957 | of the governmental entity or entities maintaining the |
958 | transportation facilities, significantly benefit the impacted |
959 | transportation system. The improvements funded by the |
960 | proportionate-share component must be adopted into the 5-year |
961 | capital improvements schedule of the comprehensive plan at the |
962 | next annual capital improvements element update. The funding of |
963 | any improvements that significantly benefit the impacted |
964 | transportation system satisfies concurrency requirements as a |
965 | mitigation of the development's impact upon the overall |
966 | transportation system even if there remains a failure of |
967 | concurrency on other impacted facilities. |
968 | (g) Except as provided in subparagraph (b)1., this section |
969 | may not prohibit the state land planning agency Department of |
970 | Community Affairs from finding other portions of the capital |
971 | improvements element amendments not in compliance as provided in |
972 | this chapter. |
973 | (h) The provisions of this subsection do not apply to a |
974 | development of regional impact satisfying the requirements of |
975 | subsection (12). |
976 | (i) If the cumulative number of trips used in the formula |
977 | includes the earlier stage or phase trips, calculation of the |
978 | proposed development's future mitigation costs shall account for |
979 | any previous stage or phase mitigation payments required by the |
980 | development order and provided by the developer. At the time the |
981 | later stage or phase calculations are made, previous mitigation |
982 | payments shall be calculated in present day dollars. To the |
983 | extent previous mitigation included the donation of land or |
984 | developer constructed improvement, for purposes of this |
985 | subsection, the term "present day dollars" means the fair market |
986 | value of the right-of-way at the time of donation, or the actual |
987 | dollar value of the construction improvements at the date of |
988 | completion adjusted by the Consumer Price Index. |
989 | Section 4. (1) The Legislature finds that the existing |
990 | transportation concurrency system has not adequately addressed |
991 | the state's transportation needs in an effective, predictable, |
992 | and equitable manner and is not producing a sustainable |
993 | transportation system for the state. The current system is |
994 | complex, lacks uniformity among jurisdictions, is too focused on |
995 | roadways to the detriment of desired land use patterns and |
996 | transportation alternatives, and frequently prevents the |
997 | attainment of important growth management goals. The state, |
998 | therefore, should consider a different transportation |
999 | concurrency approach that uses a mobility fee based on vehicle- |
1000 | miles or people-miles traveled. The mobility fee shall be |
1001 | designed to provide for mobility needs, ensure that development |
1002 | provides mitigation for its impacts on the transportation |
1003 | system, and promote compact, mixed-use, and energy-efficient |
1004 | development. The mobility fee shall be used to fund improvements |
1005 | to the transportation system. |
1006 | (2) The Legislative Committee on Intergovernmental |
1007 | Relations shall study and develop a methodology for a mobility |
1008 | fee system. The committee shall contract with a qualified |
1009 | transportation engineering firm or with a state university for |
1010 | the purpose of studying and developing a uniform mobility fee |
1011 | for statewide application to replace the existing transportation |
1012 | concurrency management systems adopted and implemented by local |
1013 | governments. |
1014 | (a) To assist the committee in its study, a mobility fee |
1015 | pilot program shall be authorized in Duval County, Nassau |
1016 | County, St. Johns County, and Clay County and the municipalities |
1017 | in such counties. The committee shall coordinate with |
1018 | participating local governments to implement a mobility fee on |
1019 | more than a single-jurisdiction basis. The local governments |
1020 | shall work with the committee to provide practical, field-tested |
1021 | experience in implementing this new approach to transportation |
1022 | concurrency, transportation impact fees, and proportionate-share |
1023 | mitigation. The committee and local governments shall make every |
1024 | effort to implement the pilot program no later than October 1, |
1025 | 2008. Data from the pilot program shall be provided to the |
1026 | committee and the contracted entity for review and |
1027 | consideration. |
1028 | (b) No later than January 15, 2009, the committee shall |
1029 | provide an interim report to the President of the Senate and the |
1030 | Speaker of the House of Representatives reporting the status of |
1031 | the mobility fee study. The interim report shall discuss |
1032 | progress in the development of the fee, identify issues for |
1033 | which additional legislative guidance is needed, and recommend |
1034 | any interim measures that may need to be addressed to improve |
1035 | the current transportation concurrency system that could be |
1036 | taken prior to the final report in 2010. |
1037 | (c) On or before November 15, 2009, the committee shall |
1038 | provide to the President of the Senate and the Speaker of the |
1039 | House of Representatives a final report and recommendations |
1040 | regarding the methodology, application, and implementation of a |
1041 | mobility fee. |
1042 | (3) The study and mobility fees levied pursuant to the |
1043 | pilot program shall focus on and the fee shall implement, to the |
1044 | extent possible: |
1045 | (a) The amount, distribution, and timing of vehicle miles |
1046 | and people miles traveled, applying professionally accepted |
1047 | standards and practices in the disciplines of land use and |
1048 | transportation planning and the requirements of constitutional |
1049 | and statutory law. |
1050 | (b) The development of an equitable mobility fee that |
1051 | provides funding for future mobility needs whereby new |
1052 | development mitigates in approximate proportionality for its |
1053 | impacts on the transportation system yet is not delayed or held |
1054 | accountable for system backlogs or failures that are not |
1055 | directly attributable to the proposed development. |
1056 | (c) The replacement of transportation financial |
1057 | feasibility obligations, proportionate fair-share contributions, |
1058 | and locally adopted transportation impact fees with the mobility |
1059 | fee such that a single transportation fee, whether or not based |
1060 | on number of trips or vehicle miles traveled, may be applied |
1061 | uniformly on a statewide basis. |
1062 | (d) The ability for developer contributions of land for |
1063 | right-of-way or developer-funded improvements to the |
1064 | transportation network to be recognized as credits against the |
1065 | mobility fee through mutually acceptable agreements reached with |
1066 | the impacted jurisdictions. |
1067 | (e) An equitable methodology for distribution of mobility |
1068 | fee proceeds among those jurisdictions responsible for |
1069 | construction and maintenance of the impacted facilities such |
1070 | that 100 percent of the collected mobility fees are used for |
1071 | improvements to the overall transportation network of the |
1072 | impacted jurisdictions. |
1073 | Section 5. Paragraphs (e) and (f) are added to subsection |
1074 | (3) of section 163.31801, Florida Statutes, and subsection (5) |
1075 | is added to that section, to read: |
1076 | 163.31801 Impact fees; short title; intent; definitions; |
1077 | ordinances levying impact fees.-- |
1078 | (3) An impact fee adopted by ordinance of a county or |
1079 | municipality or by resolution of a special district must, at |
1080 | minimum: |
1081 | (e) Demonstrate a reasonable connection or a rational |
1082 | nexus between the anticipated need for the additional capital |
1083 | facilities and the growth generated by the new development. |
1084 | (f) Demonstrate a reasonable connection or a rational |
1085 | nexus between how the collected funds are going to be spent and |
1086 | the benefits received by the new development from those funds. |
1087 | (5) In any action challenging the validity of an impact |
1088 | fee, the challenger shall have the burden of proving the |
1089 | validity of the impact fee by a preponderance of the evidence |
1090 | that the impact fee was not adopted in accordance with the |
1091 | requirements established by this section. |
1092 | Section 6. Subsections (3) and (4), paragraphs (a) and (d) |
1093 | of subsection (6), paragraph (a) of subsection (7), paragraphs |
1094 | (b) and (c) of subsection (15), and subsections (17) and (18) |
1095 | of section 163.3184, Florida Statutes, are amended, and |
1096 | subsections (20) and (21) are added to that section, to read: |
1097 | 163.3184 Process for adoption of comprehensive plan or |
1098 | plan amendment.-- |
1099 | (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR |
1100 | AMENDMENT.-- |
1101 | (a) Effective January 1, 2009, prior to filing an |
1102 | application for a future land use map amendment, an applicant |
1103 | must conduct a neighborhood meeting to present, discuss, and |
1104 | solicit public comment on a proposed amendment. The meeting |
1105 | shall be conducted at least 30 and no more than 60 days before |
1106 | the application for the amendment is filed with the local |
1107 | government. At a minimum, the meeting shall be noticed and |
1108 | conducted in accordance with the following: |
1109 | 1. Notification by the applicant must be mailed at least |
1110 | 10 but no more than 14 days prior to the meeting to all persons |
1111 | who own property within 500 feet of the property subject to the |
1112 | proposed amendment as such information is maintained by the |
1113 | county tax assessor, which list shall conclusively establish the |
1114 | required recipients. |
1115 | 2. Notice must be published by the applicant in accordance |
1116 | with s. 125.66(4)(b)2. or s. 166.041(3)(c)2.b. |
1117 | 3. Notice must be posted on the jurisdiction's web page, |
1118 | if available. |
1119 | 4. Notice must be mailed by the applicant to the list of |
1120 | home owner or condominium associations maintained by the |
1121 | jurisdiction, if any. |
1122 | 5. The meeting must be conducted by the applicant at an |
1123 | accessible and convenient location. |
1124 | 6. A sign-in list of all attendees must be maintained. |
1125 | |
1126 | This paragraph applies to applications for a map amendment filed |
1127 | after January 1, 2009. |
1128 | (b) At least 15 but no more than 45 days before the local |
1129 | governing body's scheduled adoption hearing, the applicant shall |
1130 | conduct a second noticed community or neighborhood meeting to |
1131 | present and discuss the map amendment application, including any |
1132 | changes made to the proposed amendment after the first community |
1133 | or neighborhood meeting. Direct mail notice by the applicant at |
1134 | least 10 but no more than 14 days prior to the meeting shall |
1135 | only be required for those who signed in at the preapplication |
1136 | meeting and those whose names are on the sign-in sheet from the |
1137 | transmittal hearing pursuant to paragraph (15)(c); otherwise, |
1138 | notice shall be by newspaper advertisement in accordance with s. |
1139 | 125.66(4)(b)2. and s. 166.041(3)(c)2.b. Prior to the adoption |
1140 | hearing, the applicant shall file with the local government a |
1141 | written certification or verification that the second meeting |
1142 | has been noticed and conducted in accordance with this |
1143 | paragraph. This paragraph applies to applications for a map |
1144 | amendment filed after January 1, 2009. |
1145 | (c) The neighborhood meetings required in this subsection |
1146 | shall not apply to small scale amendments as described in s. |
1147 | 163.3187 unless a local government, by ordinance, adopts a |
1148 | procedure for holding a neighborhood meeting as part of the |
1149 | small scale amendment process. In no event shall more than one |
1150 | such meeting be required. |
1151 | (d)(a) Each local governing body shall transmit the |
1152 | complete proposed comprehensive plan or plan amendment to the |
1153 | state land planning agency, the appropriate regional planning |
1154 | council and water management district, the Department of |
1155 | Environmental Protection, the Department of State, and the |
1156 | Department of Transportation, and, in the case of municipal |
1157 | plans, to the appropriate county, and, in the case of county |
1158 | plans, to the Fish and Wildlife Conservation Commission and the |
1159 | Department of Agriculture and Consumer Services, immediately |
1160 | following a public hearing pursuant to subsection (15) as |
1161 | specified in the state land planning agency's procedural rules. |
1162 | The local governing body shall also transmit a copy of the |
1163 | complete proposed comprehensive plan or plan amendment to any |
1164 | other unit of local government or government agency in the state |
1165 | that has filed a written request with the governing body for the |
1166 | plan or plan amendment. The local government may request a |
1167 | review by the state land planning agency pursuant to subsection |
1168 | (6) at the time of the transmittal of an amendment. |
1169 | (e)(b) A local governing body shall not transmit portions |
1170 | of a plan or plan amendment unless it has previously provided to |
1171 | all state agencies designated by the state land planning agency |
1172 | a complete copy of its adopted comprehensive plan pursuant to |
1173 | subsection (7) and as specified in the agency's procedural |
1174 | rules. In the case of comprehensive plan amendments, the local |
1175 | governing body shall transmit to the state land planning agency, |
1176 | the appropriate regional planning council and water management |
1177 | district, the Department of Environmental Protection, the |
1178 | Department of State, and the Department of Transportation, and, |
1179 | in the case of municipal plans, to the appropriate county and, |
1180 | in the case of county plans, to the Fish and Wildlife |
1181 | Conservation Commission and the Department of Agriculture and |
1182 | Consumer Services the materials specified in the state land |
1183 | planning agency's procedural rules and, in cases in which the |
1184 | plan amendment is a result of an evaluation and appraisal report |
1185 | adopted pursuant to s. 163.3191, a copy of the evaluation and |
1186 | appraisal report. Local governing bodies shall consolidate all |
1187 | proposed plan amendments into a single submission for each of |
1188 | the two plan amendment adoption dates during the calendar year |
1189 | pursuant to s. 163.3187. |
1190 | (f)(c) A local government may adopt a proposed plan |
1191 | amendment previously transmitted pursuant to this subsection, |
1192 | unless review is requested or otherwise initiated pursuant to |
1193 | subsection (6). |
1194 | (g)(d) In cases in which a local government transmits |
1195 | multiple individual amendments that can be clearly and legally |
1196 | separated and distinguished for the purpose of determining |
1197 | whether to review the proposed amendment, and the state land |
1198 | planning agency elects to review several or a portion of the |
1199 | amendments and the local government chooses to immediately adopt |
1200 | the remaining amendments not reviewed, the amendments |
1201 | immediately adopted and any reviewed amendments that the local |
1202 | government subsequently adopts together constitute one amendment |
1203 | cycle in accordance with s. 163.3187(1). |
1204 | (4) INTERGOVERNMENTAL REVIEW.--The governmental agencies |
1205 | specified in paragraph (3)(d)(a) shall provide comments to the |
1206 | state land planning agency within 30 days after receipt by the |
1207 | state land planning agency of the complete proposed plan |
1208 | amendment. If the plan or plan amendment includes or relates to |
1209 | the public school facilities element pursuant to s. |
1210 | 163.3177(12), the state land planning agency shall submit a copy |
1211 | to the Office of Educational Facilities of the Commissioner of |
1212 | Education for review and comment. The appropriate regional |
1213 | planning council shall also provide its written comments to the |
1214 | state land planning agency within 45 30 days after receipt by |
1215 | the state land planning agency of the complete proposed plan |
1216 | amendment and shall specify any objections, recommendations for |
1217 | modifications, and comments of any other regional agencies to |
1218 | which the regional planning council may have referred the |
1219 | proposed plan amendment. Written comments submitted by the |
1220 | public within 45 30 days after notice of transmittal by the |
1221 | local government of the proposed plan amendment will be |
1222 | considered as if submitted by governmental agencies. All written |
1223 | agency and public comments must be made part of the file |
1224 | maintained under subsection (2). |
1225 | (6) STATE LAND PLANNING AGENCY REVIEW.-- |
1226 | (a) The state land planning agency shall review a proposed |
1227 | plan amendment upon request of a regional planning council, |
1228 | affected person, or local government transmitting the plan |
1229 | amendment. The request from the regional planning council or |
1230 | affected person must be received within 45 30 days after |
1231 | transmittal of the proposed plan amendment pursuant to |
1232 | subsection (3). A regional planning council or affected person |
1233 | requesting a review shall do so by submitting a written request |
1234 | to the agency with a notice of the request to the local |
1235 | government and any other person who has requested notice. |
1236 | (d) The state land planning agency review shall identify |
1237 | all written communications with the agency regarding the |
1238 | proposed plan amendment. If the state land planning agency does |
1239 | not issue such a review, it shall identify in writing to the |
1240 | local government all written communications received 45 30 days |
1241 | after transmittal. The written identification must include a |
1242 | list of all documents received or generated by the agency, which |
1243 | list must be of sufficient specificity to enable the documents |
1244 | to be identified and copies requested, if desired, and the name |
1245 | of the person to be contacted to request copies of any |
1246 | identified document. The list of documents must be made a part |
1247 | of the public records of the state land planning agency. |
1248 | (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN |
1249 | OR AMENDMENTS AND TRANSMITTAL.-- |
1250 | (a) The local government shall review the written comments |
1251 | submitted to it by the state land planning agency, and any other |
1252 | person, agency, or government. Any comments, recommendations, or |
1253 | objections and any reply to them are shall be public documents, |
1254 | a part of the permanent record in the matter, and admissible in |
1255 | any proceeding in which the comprehensive plan or plan amendment |
1256 | may be at issue. The local government, upon receipt of written |
1257 | comments from the state land planning agency, shall have 120 |
1258 | days to adopt or adopt with changes the proposed comprehensive |
1259 | plan or s. 163.3191 plan amendments. In the case of |
1260 | comprehensive plan amendments other than those proposed pursuant |
1261 | to s. 163.3191, the local government shall have 60 days to adopt |
1262 | the amendment, adopt the amendment with changes, or determine |
1263 | that it will not adopt the amendment. The adoption of the |
1264 | proposed plan or plan amendment or the determination not to |
1265 | adopt a plan amendment, other than a plan amendment proposed |
1266 | pursuant to s. 163.3191, shall be made in the course of a public |
1267 | hearing pursuant to subsection (15). If a local government fails |
1268 | to adopt the comprehensive plan or plan amendment within the |
1269 | timeframe set forth in this subsection, the plan or plan |
1270 | amendment shall be deemed abandoned and may not be considered |
1271 | until the next available amendment cycle pursuant to this |
1272 | section and s. 163.3187. However, if the applicant or local |
1273 | government, prior to the expiration of such timeframe, notifies |
1274 | the state land planning agency that the applicant or local |
1275 | government is proceeding in good faith to adopt the plan |
1276 | amendment, the state land planning agency shall grant one or |
1277 | more extensions not to exceed a total of 360 days from the |
1278 | issuance of the agency report or comments. During the pendency |
1279 | of any such extension, the applicant or local government shall |
1280 | provide to the state land planning agency a status report every |
1281 | 90 days identifying the items continuing to be addressed and the |
1282 | manners in which the items are being addressed. The local |
1283 | government shall transmit the complete adopted comprehensive |
1284 | plan or plan amendment, including the names and addresses of |
1285 | persons compiled pursuant to paragraph (15)(c), to the state |
1286 | land planning agency as specified in the agency's procedural |
1287 | rules within 10 working days after adoption. The local governing |
1288 | body shall also transmit a copy of the adopted comprehensive |
1289 | plan or plan amendment to the regional planning agency and to |
1290 | any other unit of local government or governmental agency in the |
1291 | state that has filed a written request with the governing body |
1292 | for a copy of the plan or plan amendment. |
1293 | (15) PUBLIC HEARINGS.-- |
1294 | (b) The local governing body shall hold at least two |
1295 | advertised public hearings on the proposed comprehensive plan or |
1296 | plan amendment as follows: |
1297 | 1. The first public hearing shall be held at the |
1298 | transmittal stage pursuant to subsection (3). It shall be held |
1299 | on a weekday at least 7 days after the day that the first |
1300 | advertisement is published. |
1301 | 2. The second public hearing shall be held at the adoption |
1302 | stage pursuant to subsection (7). It shall be held on a weekday |
1303 | at least 5 days after the day that the second advertisement is |
1304 | published. The comprehensive plan or plan amendment to be |
1305 | considered for adoption must be available to the public at least |
1306 | 5 days before the hearing, including through the local |
1307 | government's website if one is maintained. The proposed |
1308 | comprehensive plan amendment may not be altered during the 5 |
1309 | days prior to the hearing if the alteration increases the |
1310 | permissible density, intensity, or height or decreases the |
1311 | minimum buffers, setbacks, or open space. If the amendment is |
1312 | altered in such manner during this time period or at the public |
1313 | hearing, the public hearing shall be continued to the next |
1314 | meeting of the local governing body. As part of the adoption |
1315 | package, the local government shall certify in writing to the |
1316 | state land planning agency that the local government has |
1317 | complied with this subsection. |
1318 | (c) The local government shall provide a sign-in form at |
1319 | the transmittal hearing and at the adoption hearing for persons |
1320 | to provide their names and mailing and electronic addresses. The |
1321 | sign-in form must advise that any person providing the requested |
1322 | information will receive a courtesy informational statement |
1323 | concerning publications of the state land planning agency's |
1324 | notice of intent. The local government shall add to the sign-in |
1325 | form the name and address of any person who submits written |
1326 | comments concerning the proposed plan or plan amendment during |
1327 | the time period between the commencement of the transmittal |
1328 | hearing and the end of the adoption hearing. It is the |
1329 | responsibility of the person completing the form or providing |
1330 | written comments to accurately, completely, and legibly provide |
1331 | all information needed in order to receive the courtesy |
1332 | informational statement. |
1333 | (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN |
1334 | AMENDMENTS.--A local government that has adopted a community |
1335 | vision and urban service boundary under s. 163.3177(13) and (14) |
1336 | may adopt a plan amendment related to map amendments solely to |
1337 | property within an urban service boundary in the manner |
1338 | described in subsections (1), (2), (7), (14), (15), and (16) and |
1339 | s. 163.3187(1)(b)3.a.(IV) and (V), b., and c. 163.3187(1)(c)1.d. |
1340 | and e., 2., and 3., such that state and regional agency review |
1341 | is eliminated. The department may not issue an objections, |
1342 | recommendations, and comments report on proposed plan amendments |
1343 | or a notice of intent on adopted plan amendments; however, |
1344 | affected persons, as defined by paragraph (1)(a), may file a |
1345 | petition for administrative review pursuant to the requirements |
1346 | of s. 163.3187(3)(a) to challenge the compliance of an adopted |
1347 | plan amendment. This subsection does not apply to any amendment |
1348 | within an area of critical state concern, to any amendment that |
1349 | increases residential densities allowable in high-hazard coastal |
1350 | areas as defined in s. 163.3178(2)(h), or to a text change to |
1351 | the goals, policies, or objectives of the local government's |
1352 | comprehensive plan. Amendments submitted under this subsection |
1353 | are exempt from the limitation on the frequency of plan |
1354 | amendments in s. 163.3187. |
1355 | (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.--A |
1356 | municipality that has a designated urban infill and |
1357 | redevelopment area under s. 163.2517 may adopt a plan amendment |
1358 | related to map amendments solely to property within a designated |
1359 | urban infill and redevelopment area in the manner described in |
1360 | subsections (1), (2), (7), (14), (15), and (16) and s. |
1361 | 163.3187(1)(b)3.a.(IV) and (V), b., and c. 163.3187(1)(c)1.d. |
1362 | and e., 2., and 3., such that state and regional agency review |
1363 | is eliminated. The department may not issue an objections, |
1364 | recommendations, and comments report on proposed plan amendments |
1365 | or a notice of intent on adopted plan amendments; however, |
1366 | affected persons, as defined by paragraph (1)(a), may file a |
1367 | petition for administrative review pursuant to the requirements |
1368 | of s. 163.3187(3)(a) to challenge the compliance of an adopted |
1369 | plan amendment. This subsection does not apply to any amendment |
1370 | within an area of critical state concern, to any amendment that |
1371 | increases residential densities allowable in high-hazard coastal |
1372 | areas as defined in s. 163.3178(2)(h), or to a text change to |
1373 | the goals, policies, or objectives of the local government's |
1374 | comprehensive plan. Amendments submitted under this subsection |
1375 | are exempt from the limitation on the frequency of plan |
1376 | amendments in s. 163.3187. |
1377 | (20) PLAN AMENDMENTS IN RURAL AREAS OF CRITICAL ECONOMIC |
1378 | CONCERN.-- |
1379 | (a) A local government that is located in a rural area of |
1380 | critical economic concern designated pursuant to s. 288.0656(7) |
1381 | may request the Rural Economic Development Initiative to provide |
1382 | assistance in the preparation of plan amendments that will |
1383 | further economic activity consistent with the purpose of s. |
1384 | 288.0656. |
1385 | (b) A plan map amendment related solely to property within |
1386 | a site selected for a designated catalyst project pursuant to s. |
1387 | 288.0656(7)(c) and that receives Rural Economic Development |
1388 | Initiative assistance pursuant to s. 288.0656(8) shall be deemed |
1389 | a small scale amendment, is subject only to the requirements of |
1390 | s. 163.3187(1)(b)3.b. and c., is not subject to the requirements |
1391 | of subsections (3)-(11), and is exempt from s. |
1392 | 163.3187(1)(b)3.a. and from the limitation on the frequency of |
1393 | plan amendments as provided in s. 163.3187. An affected person |
1394 | as defined in this section may file a petition for |
1395 | administrative review pursuant to s. 163.3187(3) to challenge |
1396 | the compliance of an adopted plan amendment. |
1397 | (21) RURAL ECONOMIC DEVELOPMENT CENTERS.-- |
1398 | (a) The Legislature recognizes and finds that: |
1399 | 1. There are a number of facilities throughout the state |
1400 | that process, produce, or aid in the production or distribution |
1401 | of a variety of agriculturally based products, such as fruits, |
1402 | vegetables, timber, and other crops, as well as juices, paper, |
1403 | and building materials. These agricultural industrial facilities |
1404 | often have a significant amount of existing associated |
1405 | infrastructure that is used for the processing, production, or |
1406 | distribution of agricultural products. |
1407 | 2. Such rural centers of economic development often are |
1408 | located within or near communities in which the economy is |
1409 | largely dependent upon agriculture and agriculturally based |
1410 | products. These rural centers of economic development |
1411 | significantly enhance the economy of such communities. However, |
1412 | such agriculturally based communities often are |
1413 | socioeconomically challenged and many such communities have been |
1414 | designated as rural areas of critical economic concern. |
1415 | 3. If these rural centers of economic development are lost |
1416 | and not replaced with other job-creating enterprises, these |
1417 | communities will lose a substantial amount of their economies. |
1418 | The economies and employment bases of such communities should be |
1419 | diversified in order to protect against changes in national and |
1420 | international agricultural markets, land use patterns, weather, |
1421 | pests, or diseases or other events that could result in existing |
1422 | facilities within rural centers of economic development being |
1423 | permanently closed or temporarily shut down, ultimately |
1424 | resulting in an economic crisis for these communities. |
1425 | 4. It is a compelling state interest to preserve the |
1426 | viability of agriculture in this state and to protect rural and |
1427 | agricultural communities and the state from the economic |
1428 | upheaval that could result from short-term or long-term adverse |
1429 | changes in the agricultural economy. An essential part of |
1430 | protecting such communities while protecting viable agriculture |
1431 | for the long term is to encourage diversification of the |
1432 | employment base within rural centers of economic development for |
1433 | the purpose of providing jobs that are not solely dependent upon |
1434 | agricultural operations and to encourage the creation and |
1435 | expansion of industries that use agricultural products in |
1436 | innovative or new ways. |
1437 | (b) For purposes of this subsection, the term "rural |
1438 | center of economic development" means a developed parcel or |
1439 | parcels of land in an unincorporated area: |
1440 | 1. On which there exists an operating facility or |
1441 | facilities, which employ at least 200 full-time employees, in |
1442 | the aggregate, used for processing and preparing for transport a |
1443 | farm product as defined in s. 163.3162 or any biomass material |
1444 | that could be used, directly or indirectly, for the production |
1445 | of fuel, renewable energy, bioenergy, or alternative fuel as |
1446 | defined by state law. |
1447 | 2. Including all contiguous lands at the site which are |
1448 | not used for cultivation of crops, but are still associated with |
1449 | the operation of such a facility or facilities. |
1450 | 3. Located within rural areas of critical economic concern |
1451 | or located in a county any portion of which has been designated |
1452 | as an area of critical economic concern as of January 1, 2008. |
1453 | (c) Landowners within a rural center of economic |
1454 | development may apply for an amendment to the local government |
1455 | comprehensive plan for the purpose of expanding the industrial |
1456 | uses or facilities associated with the center or expanding the |
1457 | existing center to include industrial uses or facilities that |
1458 | are not dependent upon agriculture but that would diversify the |
1459 | local economy. An application for a comprehensive plan amendment |
1460 | under this paragraph may not increase the physical area of the |
1461 | rural center of economic development by more than 50 percent of |
1462 | the existing area unless the applicant demonstrates that |
1463 | infrastructure capacity exists or can be provided to support the |
1464 | improvements as required by the applicable sections of this |
1465 | chapter. Any single application may not increase the physical |
1466 | area of the existing rural center of economic development by |
1467 | more than 200 percent or 320 acres, whichever is less. Such |
1468 | amendment must propose projects that would create, upon |
1469 | completion, at least 50 new full-time jobs, and an applicant is |
1470 | encouraged to propose projects that would promote and further |
1471 | economic activity in the area consistent with the purpose of s. |
1472 | 288.0656. Such amendment is presumed to be consistent with rule |
1473 | 9J-5.006(5), Florida Administrative Code, and may include land |
1474 | uses and intensities of use consistent and compatible with the |
1475 | uses and intensities of use of the rural center of economic |
1476 | development. Such presumption may be rebutted by clear and |
1477 | convincing evidence. |
1478 | Section 7. Section 163.3187, Florida Statutes, is amended |
1479 | to read: |
1480 | 163.3187 Amendment of adopted comprehensive plan.-- |
1481 | (1) Amendments to comprehensive plans may be transmitted |
1482 | and adopted pursuant to this part may be made not more than once |
1483 | two times during any calendar year, with the following |
1484 | exceptions except: |
1485 | (a) Local governments may transmit and adopt the following |
1486 | comprehensive plan amendments twice during any calendar year: |
1487 | 1. Future land use map amendments and special area |
1488 | policies associated with those map amendments for land within |
1489 | areas designated in the comprehensive plan for downtown |
1490 | revitalization pursuant to s. 163.3164(25), urban redevelopment |
1491 | pursuant to s. 163.3164(26), urban infill development pursuant |
1492 | to s. 163.3164(27), urban infill and redevelopment pursuant to |
1493 | s. 163.2517, or an urban service area pursuant to s. |
1494 | 163.3180(5)(b)2. |
1495 | 2. Any local government comprehensive plan amendment |
1496 | establishing or implementing a rural land stewardship area |
1497 | pursuant to s. 163.3177(11)(d) or a sector plan pursuant to s. |
1498 | 163.3245. |
1499 | (b) The following amendments may be adopted by the local |
1500 | government at any time during a calendar year without regard for |
1501 | the frequency restrictions set forth in subparagraph (a)1.: |
1502 | 1.(a) Any local government comprehensive In the case of an |
1503 | emergency, comprehensive plan amendments may be made more often |
1504 | than twice during the calendar year if the additional plan |
1505 | amendment that is enacted in case of emergency and receives the |
1506 | approval of all of the members of the governing body. The term |
1507 | "emergency" means any occurrence or threat thereof whether |
1508 | accidental or natural, caused by humankind, in war or peace, |
1509 | which results or may result in substantial injury or harm to the |
1510 | population or substantial damage to or loss of property or |
1511 | public funds. |
1512 | 2.(b) Any local government comprehensive plan amendments |
1513 | directly related to a proposed development of regional impact, |
1514 | including changes which have been determined to be substantial |
1515 | deviations and including Florida Quality Developments pursuant |
1516 | to s. 380.061, may be initiated by a local planning agency and |
1517 | considered by the local governing body at the same time as the |
1518 | application for development approval using the procedures |
1519 | provided for local plan amendment in this section and applicable |
1520 | local ordinances, without regard to statutory or local ordinance |
1521 | limits on the frequency of consideration of amendments to the |
1522 | local comprehensive plan. Nothing in this subsection shall be |
1523 | deemed to require favorable consideration of a plan amendment |
1524 | solely because it is related to a development of regional |
1525 | impact. |
1526 | 3.(c) Any local government comprehensive plan amendments |
1527 | directly related to proposed small scale development activities |
1528 | may be approved without regard to statutory limits on the |
1529 | frequency of consideration of amendments to the local |
1530 | comprehensive plan. A small scale development amendment may be |
1531 | adopted only under the following conditions: |
1532 | a.1. The proposed amendment involves a use of 10 acres or |
1533 | fewer and: |
1534 | (I)a. The cumulative annual effect of the acreage for all |
1535 | small scale development amendments adopted by the local |
1536 | government shall not exceed: |
1537 | (A)(I) A maximum of 120 acres in a local government that |
1538 | contains areas specifically designated in the local |
1539 | comprehensive plan for urban infill, urban redevelopment, or |
1540 | downtown revitalization as defined in s. 163.3164, urban infill |
1541 | and redevelopment areas designated under s. 163.2517, |
1542 | transportation concurrency exception areas approved pursuant to |
1543 | s. 163.3180(5), or regional activity centers and urban central |
1544 | business districts approved pursuant to s. 380.06(2)(e); |
1545 | however, amendments under this subparagraph paragraph may be |
1546 | applied to no more than 60 acres annually of property outside |
1547 | the designated areas listed in this sub-sub-sub-subparagraph |
1548 | sub-sub-subparagraph. Amendments adopted pursuant to paragraph |
1549 | (k) shall not be counted toward the acreage limitations for |
1550 | small scale amendments under this paragraph. |
1551 | (B)(II) A maximum of 80 acres in a local government that |
1552 | does not contain any of the designated areas set forth in sub- |
1553 | sub-sub-subparagraph (A) sub-sub-subparagraph (I). |
1554 | (C)(III) A maximum of 120 acres in a county established |
1555 | pursuant to s. 9, Art. VIII of the State Constitution. |
1556 | (II)b. The proposed amendment does not involve the same |
1557 | property granted a change within the prior 12 months. |
1558 | (III)c. The proposed amendment does not involve the same |
1559 | owner's property within 200 feet of property granted a change |
1560 | within the prior 12 months. |
1561 | (IV)d. The proposed amendment does not involve a text |
1562 | change to the goals, policies, and objectives of the local |
1563 | government's comprehensive plan, but only proposes a land use |
1564 | change to the future land use map for a site-specific small |
1565 | scale development activity. |
1566 | (V)e. The property that is the subject of the proposed |
1567 | amendment is not located within an area of critical state |
1568 | concern, unless the project subject to the proposed amendment |
1569 | involves the construction of affordable housing units meeting |
1570 | the criteria of s. 420.0004(3), and is located within an area of |
1571 | critical state concern designated by s. 380.0552 or by the |
1572 | Administration Commission pursuant to s. 380.05(1). Such |
1573 | amendment is not subject to the density limitations of sub-sub- |
1574 | subparagraph (VI) sub-subparagraph f., and shall be reviewed by |
1575 | the state land planning agency for consistency with the |
1576 | principles for guiding development applicable to the area of |
1577 | critical state concern where the amendment is located and is |
1578 | shall not become effective until a final order is issued under |
1579 | s. 380.05(6). |
1580 | (VI)f. If the proposed amendment involves a residential |
1581 | land use, the residential land use has a density of 10 units or |
1582 | less per acre or the proposed future land use category allows a |
1583 | maximum residential density of the same or less than the maximum |
1584 | residential density allowable under the existing future land use |
1585 | category, except that this limitation does not apply to small |
1586 | scale amendments involving the construction of affordable |
1587 | housing units meeting the criteria of s. 420.0004(3) on property |
1588 | which will be the subject of a land use restriction agreement, |
1589 | or small scale amendments described in sub-sub-sub-subparagraph |
1590 | (I)(A) sub-sub-subparagraph a.(I) that are designated in the |
1591 | local comprehensive plan for urban infill, urban redevelopment, |
1592 | or downtown revitalization as defined in s. 163.3164, urban |
1593 | infill and redevelopment areas designated under s. 163.2517, |
1594 | transportation concurrency exception areas approved pursuant to |
1595 | s. 163.3180(5), or regional activity centers and urban central |
1596 | business districts approved pursuant to s. 380.06(2)(e). |
1597 | b.(I)2.a. A local government that proposes to consider a |
1598 | plan amendment pursuant to this subparagraph paragraph is not |
1599 | required to comply with the procedures and public notice |
1600 | requirements of s. 163.3184(15)(c) for such plan amendments if |
1601 | the local government complies with the provisions in s. |
1602 | 125.66(4)(a) for a county or in s. 166.041(3)(c) for a |
1603 | municipality. If a request for a plan amendment under this |
1604 | subparagraph paragraph is initiated by other than the local |
1605 | government, public notice is required. |
1606 | (II)b. The local government shall send copies of the |
1607 | notice and amendment to the state land planning agency, the |
1608 | regional planning council, and any other person or entity |
1609 | requesting a copy. This information shall also include a |
1610 | statement identifying any property subject to the amendment that |
1611 | is located within a coastal high-hazard area as identified in |
1612 | the local comprehensive plan. |
1613 | c.3. Small scale development amendments adopted pursuant |
1614 | to this subparagraph paragraph require only one public hearing |
1615 | before the governing board, which shall be an adoption hearing |
1616 | as described in s. 163.3184(7), and are not subject to the |
1617 | requirements of s. 163.3184(3)-(6) unless the local government |
1618 | elects to have them subject to those requirements. |
1619 | d.4. If the small scale development amendment involves a |
1620 | site within an area that is designated by the Governor as a |
1621 | rural area of critical economic concern under s. 288.0656(7) for |
1622 | the duration of such designation, the 10-acre limit listed in |
1623 | sub-subparagraph a. subparagraph 1. shall be increased by 100 |
1624 | percent to 20 acres. The local government approving the small |
1625 | scale plan amendment shall certify to The Office of Tourism, |
1626 | Trade, and Economic Development shall certify that the plan |
1627 | amendment furthers the economic objectives set forth in the |
1628 | executive order issued under s. 288.0656(7)(a) 288.0656(7), and |
1629 | the local government shall certify that the property subject to |
1630 | the plan amendment shall undergo public review to ensure that |
1631 | all concurrency requirements and federal, state, and local |
1632 | environmental permit requirements are met. |
1633 | 4.(d) Any comprehensive plan amendment required by a |
1634 | compliance agreement pursuant to s. 163.3184(16) may be approved |
1635 | without regard to statutory limits on the frequency of adoption |
1636 | of amendments to the comprehensive plan. |
1637 | (e) A comprehensive plan amendment for location of a state |
1638 | correctional facility. Such an amendment may be made at any time |
1639 | and does not count toward the limitation on the frequency of |
1640 | plan amendments. |
1641 | 5.(f) Any comprehensive plan amendment that changes the |
1642 | schedule in the capital improvements element, and any amendments |
1643 | directly related to the schedule, may be made once in a calendar |
1644 | year on a date different from the two times provided in this |
1645 | subsection when necessary to coincide with the adoption of the |
1646 | local government's budget and capital improvements program. |
1647 | (g) Any local government comprehensive plan amendments |
1648 | directly related to proposed redevelopment of brownfield areas |
1649 | designated under s. 376.80 may be approved without regard to |
1650 | statutory limits on the frequency of consideration of amendments |
1651 | to the local comprehensive plan. |
1652 | 6.(h) Any comprehensive plan amendments for port |
1653 | transportation facilities and projects that are eligible for |
1654 | funding by the Florida Seaport Transportation and Economic |
1655 | Development Council pursuant to s. 311.07. |
1656 | (i) A comprehensive plan amendment for the purpose of |
1657 | designating an urban infill and redevelopment area under s. |
1658 | 163.2517 may be approved without regard to the statutory limits |
1659 | on the frequency of amendments to the comprehensive plan. |
1660 | 7.(j) Any comprehensive plan amendment to establish public |
1661 | school concurrency pursuant to s. 163.3180(13), including, but |
1662 | not limited to, adoption of a public school facilities element |
1663 | pursuant to s. 163.3177(12) and adoption of amendments to the |
1664 | capital improvements element and intergovernmental coordination |
1665 | element. In order to ensure the consistency of local government |
1666 | public school facilities elements within a county, such elements |
1667 | shall be prepared and adopted on a similar time schedule. |
1668 | 8. Amendments proposed by a local government for purposes |
1669 | of identifying the land use categories in which public schools |
1670 | are an allowable use. |
1671 | (k) A local comprehensive plan amendment directly related |
1672 | to providing transportation improvements to enhance life safety |
1673 | on Controlled Access Major Arterial Highways identified in the |
1674 | Florida Intrastate Highway System, in counties as defined in s. |
1675 | 125.011, where such roadways have a high incidence of traffic |
1676 | accidents resulting in serious injury or death. Any such |
1677 | amendment shall not include any amendment modifying the |
1678 | designation on a comprehensive development plan land use map nor |
1679 | any amendment modifying the allowable densities or intensities |
1680 | of any land. |
1681 | (l) A comprehensive plan amendment to adopt a public |
1682 | educational facilities element pursuant to s. 163.3177(12) and |
1683 | future land-use-map amendments for school siting may be approved |
1684 | notwithstanding statutory limits on the frequency of adopting |
1685 | plan amendments. |
1686 | 9.(m) A comprehensive plan amendment that addresses |
1687 | criteria or compatibility of land uses adjacent to or in close |
1688 | proximity to military installations in a local government's |
1689 | future land use element does not count toward the limitation on |
1690 | the frequency of the plan amendments. |
1691 | (n) Any local government comprehensive plan amendment |
1692 | establishing or implementing a rural land stewardship area |
1693 | pursuant to the provisions of s. 163.3177(11)(d). |
1694 | 10.(o) A comprehensive plan amendment that is submitted by |
1695 | an area designated by the Governor as a rural area of critical |
1696 | economic concern under s. 288.0656(7) and that meets the |
1697 | economic development objectives. Before the adoption of such an |
1698 | amendment, the local government shall obtain from the Office of |
1699 | Tourism, Trade, and Economic Development written certification |
1700 | that the plan amendment furthers the economic objectives set |
1701 | forth in the executive order issued under s. 288.0656(7) may be |
1702 | approved without regard to the statutory limits on the frequency |
1703 | of adoption of amendments to the comprehensive plan. |
1704 | 11.(p) Any local government comprehensive plan amendment |
1705 | that is consistent with the local housing incentive strategies |
1706 | identified in s. 420.9076 and authorized by the local |
1707 | government. |
1708 | 12. Any local government comprehensive plan amendment |
1709 | adopted pursuant to a final order issued by the Administration |
1710 | Commission or the Florida Land and Water Adjudicatory |
1711 | Commission. |
1712 | (2) Comprehensive plans may only be amended in such a way |
1713 | as to preserve the internal consistency of the plan pursuant to |
1714 | s. 163.3177(2). Corrections, updates, or modifications of |
1715 | current costs which were set out as part of the comprehensive |
1716 | plan shall not, for the purposes of this act, be deemed to be |
1717 | amendments. |
1718 | (3)(a) The state land planning agency shall not review or |
1719 | issue a notice of intent for small scale development amendments |
1720 | which satisfy the requirements of subparagraph (1)(b)3. |
1721 | paragraph (1)(c). Any affected person may file a petition with |
1722 | the Division of Administrative Hearings pursuant to ss. 120.569 |
1723 | and 120.57 to request a hearing to challenge the compliance of a |
1724 | small scale development amendment with this act within 30 days |
1725 | following the local government's adoption of the amendment, |
1726 | shall serve a copy of the petition on the local government, and |
1727 | shall furnish a copy to the state land planning agency. An |
1728 | administrative law judge shall hold a hearing in the affected |
1729 | jurisdiction not less than 30 days nor more than 60 days |
1730 | following the filing of a petition and the assignment of an |
1731 | administrative law judge. The parties to a hearing held pursuant |
1732 | to this subsection shall be the petitioner, the local |
1733 | government, and any intervenor. In the proceeding, the local |
1734 | government's determination that the small scale development |
1735 | amendment is in compliance is presumed to be correct. The local |
1736 | government's determination shall be sustained unless it is shown |
1737 | by a preponderance of the evidence that the amendment is not in |
1738 | compliance with the requirements of this act. In any proceeding |
1739 | initiated pursuant to this subsection, the state land planning |
1740 | agency may intervene. |
1741 | (b)1. If the administrative law judge recommends that the |
1742 | small scale development amendment be found not in compliance, |
1743 | the administrative law judge shall submit the recommended order |
1744 | to the Administration Commission for final agency action. If the |
1745 | administrative law judge recommends that the small scale |
1746 | development amendment be found in compliance, the administrative |
1747 | law judge shall submit the recommended order to the state land |
1748 | planning agency. |
1749 | 2. If the state land planning agency determines that the |
1750 | plan amendment is not in compliance, the agency shall submit, |
1751 | within 30 days following its receipt, the recommended order to |
1752 | the Administration Commission for final agency action. If the |
1753 | state land planning agency determines that the plan amendment is |
1754 | in compliance, the agency shall enter a final order within 30 |
1755 | days following its receipt of the recommended order. |
1756 | (c) Small scale development amendments shall not become |
1757 | effective until 31 days after adoption. If challenged within 30 |
1758 | days after adoption, small scale development amendments shall |
1759 | not become effective until the state land planning agency or the |
1760 | Administration Commission, respectively, issues a final order |
1761 | determining the adopted small scale development amendment is in |
1762 | compliance. However, a small-scale amendment shall not become |
1763 | effective until it has been submitted to the state land planning |
1764 | agency as required by sub-sub-subparagraph (1)(b)3.b.(I). |
1765 | (4) Each governing body shall transmit to the state land |
1766 | planning agency a current copy of its comprehensive plan not |
1767 | later than December 1, 1985. Each governing body shall also |
1768 | transmit copies of any amendments it adopts to its comprehensive |
1769 | plan so as to continually update the plans on file with the |
1770 | state land planning agency. |
1771 | (5) Nothing in this part is intended to prohibit or limit |
1772 | the authority of local governments to require that a person |
1773 | requesting an amendment pay some or all of the cost of public |
1774 | notice. |
1775 | (6)(a) A No local government may not amend its |
1776 | comprehensive plan after the date established by the state land |
1777 | planning agency for adoption of its evaluation and appraisal |
1778 | report unless it has submitted its report or addendum to the |
1779 | state land planning agency as prescribed by s. 163.3191, except |
1780 | for plan amendments described in subparagraph (1)(b)2. paragraph |
1781 | (1)(b) or subparagraph (1)(b)6. paragraph (1)(h). |
1782 | (b) A local government may amend its comprehensive plan |
1783 | after it has submitted its adopted evaluation and appraisal |
1784 | report and for a period of 1 year after the initial |
1785 | determination of sufficiency regardless of whether the report |
1786 | has been determined to be insufficient. |
1787 | (c) A local government may not amend its comprehensive |
1788 | plan, except for plan amendments described in subparagraph |
1789 | (1)(b)2. paragraph (1)(b), if the 1-year period after the |
1790 | initial sufficiency determination of the report has expired and |
1791 | the report has not been determined to be sufficient. |
1792 | (d) When the state land planning agency has determined |
1793 | that the report has sufficiently addressed all pertinent |
1794 | provisions of s. 163.3191, the local government may amend its |
1795 | comprehensive plan without the limitations imposed by paragraph |
1796 | (a) or paragraph (c). |
1797 | (e) Any plan amendment which a local government attempts |
1798 | to adopt in violation of paragraph (a) or paragraph (c) is |
1799 | invalid, but such invalidity may be overcome if the local |
1800 | government readopts the amendment and transmits the amendment to |
1801 | the state land planning agency pursuant to s. 163.3184(7) after |
1802 | the report is determined to be sufficient. |
1803 | Section 8. Subsection (1) of section 163.3245, Florida |
1804 | Statutes, is amended to read: |
1805 | 163.3245 Optional sector plans.-- |
1806 | (1) In recognition of the benefits of conceptual long- |
1807 | range planning for the buildout of an area, and detailed |
1808 | planning for specific areas, as a demonstration project, the |
1809 | requirements of s. 380.06 may be addressed as identified by this |
1810 | section for up to 10 five local governments or combinations of |
1811 | local governments that which adopt into the comprehensive plan |
1812 | an optional sector plan in accordance with this section. This |
1813 | section is intended to further the intent of s. 163.3177(11), |
1814 | which supports innovative and flexible planning and development |
1815 | strategies, and the purposes of this part, and part I of chapter |
1816 | 380, and to avoid duplication of effort in terms of the level of |
1817 | data and analysis required for a development of regional impact, |
1818 | while ensuring the adequate mitigation of impacts to applicable |
1819 | regional resources and facilities, including those within the |
1820 | jurisdiction of other local governments, as would otherwise be |
1821 | provided. Optional sector plans are intended for substantial |
1822 | geographic areas that include including at least 5,000 acres of |
1823 | one or more local governmental jurisdictions and are to |
1824 | emphasize urban form and protection of regionally significant |
1825 | resources and facilities. The state land planning agency may |
1826 | approve optional sector plans of less than 5,000 acres based on |
1827 | local circumstances if it is determined that the plan would |
1828 | further the purposes of this part and part I of chapter 380. |
1829 | Preparation of an optional sector plan is authorized by |
1830 | agreement between the state land planning agency and the |
1831 | applicable local governments under s. 163.3171(4). An optional |
1832 | sector plan may be adopted through one or more comprehensive |
1833 | plan amendments under s. 163.3184. However, an optional sector |
1834 | plan may not be authorized in an area of critical state concern. |
1835 | Section 9. Paragraph (a) of subsection (1), subsection |
1836 | (2), paragraphs (b) and (c) of subsection (3), paragraph (b) of |
1837 | subsection (4), and paragraphs (b), (c), and (g) of subsection |
1838 | (6) of section 163.32465, Florida Statutes, are amended to read: |
1839 | 163.32465 State review of local comprehensive plans in |
1840 | urban areas.-- |
1841 | (1) LEGISLATIVE FINDINGS.-- |
1842 | (a) The Legislature finds that local governments in this |
1843 | state have a wide diversity of resources, conditions, abilities, |
1844 | and needs. The Legislature also finds that the needs and |
1845 | resources of urban areas are different from those of rural areas |
1846 | and that different planning and growth management approaches, |
1847 | strategies, and techniques are required in urban areas. The |
1848 | state role in overseeing growth management should reflect this |
1849 | diversity and should vary based on local government conditions, |
1850 | capabilities, and needs, and the extent and type of development. |
1851 | Thus, the Legislature recognizes and finds that reduced state |
1852 | oversight of local comprehensive planning is justified for some |
1853 | local governments in urban areas. |
1854 | (2) ALTERNATIVE STATE REVIEW PROCESS PILOT |
1855 | PROGRAM.--Pinellas and Broward Counties, and the municipalities |
1856 | within these counties, and Jacksonville, Miami, Tampa, and |
1857 | Hialeah shall follow an alternative state review process |
1858 | provided in this section. Municipalities within the pilot |
1859 | counties may elect, by super majority vote of the governing |
1860 | body, not to participate in the pilot program. In addition, any |
1861 | local government may elect, by simple majority vote, for the |
1862 | alternative state review process to apply to future land use map |
1863 | amendments and associated special area policies within areas |
1864 | designated in a comprehensive plan for downtown revitalization |
1865 | pursuant to s. 163.3164, urban redevelopment pursuant to s. |
1866 | 163.3164, urban infill development pursuant to s. 163.3164, or |
1867 | an urban service area pursuant to s. 163.3180(5)(b)2. At the |
1868 | public meeting for the election of the alternative process, the |
1869 | local government shall adopt by ordinance standards for ensuring |
1870 | compatible uses the local government will consider in evaluating |
1871 | future land use amendments within such areas. Local governments |
1872 | shall provide the state land planning agency with notification |
1873 | as to their election to use the alternative state review |
1874 | process. The local government's determination to participate in |
1875 | the pilot program shall be applied to all future amendments. |
1876 | (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS |
1877 | UNDER THE PILOT PROGRAM.-- |
1878 | (b) Amendments that qualify as small-scale development |
1879 | amendments may continue to be adopted by the pilot program |
1880 | jurisdictions pursuant to s. 163.3187(1)(c) and (3). |
1881 | (c) Plan amendments that propose a rural land stewardship |
1882 | area pursuant to s. 163.3177(11)(d); propose an optional sector |
1883 | plan; update a comprehensive plan based on an evaluation and |
1884 | appraisal report; implement new statutory requirements not |
1885 | previously incorporated into a comprehensive plan; or new plans |
1886 | for newly incorporated municipalities are subject to state |
1887 | review as set forth in s. 163.3184. |
1888 | (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR |
1889 | PILOT PROGRAM.-- |
1890 | (b) The agencies and local governments specified in |
1891 | paragraph (a) may provide comments regarding the amendment or |
1892 | amendments to the local government. The regional planning |
1893 | council review and comment shall be limited to effects on |
1894 | regional resources or facilities identified in the strategic |
1895 | regional policy plan and extrajurisdictional impacts that would |
1896 | be inconsistent with the comprehensive plan of the affected |
1897 | local government. A regional planning council shall not review |
1898 | and comment on a proposed comprehensive plan amendment prepared |
1899 | by such council unless the plan amendment has been changed by |
1900 | the local government subsequent to the preparation of the plan |
1901 | amendment by the regional planning council. County comments on |
1902 | municipal comprehensive plan amendments shall be primarily in |
1903 | the context of the relationship and effect of the proposed plan |
1904 | amendments on the county plan. Municipal comments on county plan |
1905 | amendments shall be primarily in the context of the relationship |
1906 | and effect of the amendments on the municipal plan. State agency |
1907 | comments may include technical guidance on issues of agency |
1908 | jurisdiction as it relates to the requirements of this part. |
1909 | Such comments shall clearly identify issues that, if not |
1910 | resolved, may result in an agency challenge to the plan |
1911 | amendment. For the purposes of this pilot program, agencies are |
1912 | encouraged to focus potential challenges on issues of regional |
1913 | or statewide importance. Agencies and local governments must |
1914 | transmit their comments to the affected local government such |
1915 | that they are received by the local government not later than 30 |
1916 | thirty days from the date on which the agency or government |
1917 | received the amendment or amendments. Any comments from the |
1918 | agencies and local governments shall also be transmitted to the |
1919 | state land planning agency. |
1920 | (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT |
1921 | PROGRAM.-- |
1922 | (b) The state land planning agency may file a petition |
1923 | with the Division of Administrative Hearings pursuant to ss. |
1924 | 120.569 and 120.57, with a copy served on the affected local |
1925 | government, to request a formal hearing. This petition must be |
1926 | filed with the Division within 30 days after the state land |
1927 | planning agency notifies the local government that the plan |
1928 | amendment package is complete. For purposes of this section, an |
1929 | amendment shall be deemed complete if it contains a full, |
1930 | executed copy of the adoption ordinance or ordinances; in the |
1931 | case of a text amendment, a full copy of the amended language in |
1932 | legislative format with new words inserted in the text |
1933 | underlined, and words to be deleted lined through with hyphens; |
1934 | in the case of a future land use map amendment, a copy of the |
1935 | future land use map clearly depicting the parcel, its existing |
1936 | future land use designation, and its adopted designation; and a |
1937 | copy of any data and analyses the local government deems |
1938 | appropriate. The state land planning agency shall notify the |
1939 | local government of any deficiencies within 5 working days of |
1940 | receipt of an amendment package that the package is complete or |
1941 | identify any deficiencies regarding completeness. |
1942 | (c) The state land planning agency's challenge shall be |
1943 | limited to those issues raised in the comments provided by the |
1944 | reviewing agencies pursuant to paragraph (4)(b) that were |
1945 | clearly identified in the agency comments as an issue that may |
1946 | result in an agency challenge. The state land planning agency |
1947 | may challenge a plan amendment that has substantially changed |
1948 | from the version on which the agencies provided comments. For |
1949 | the purposes of this pilot program, the Legislature strongly |
1950 | encourages the state land planning agency to focus any challenge |
1951 | on issues of regional or statewide importance. |
1952 | (g) An amendment adopted under the expedited provisions of |
1953 | this section shall not become effective until the time period |
1954 | for filing a challenge under paragraph (a) has expired 31 days |
1955 | after adoption. If timely challenged, an amendment shall not |
1956 | become effective until the state land planning agency or the |
1957 | Administration Commission enters a final order determining the |
1958 | adopted amendment to be in compliance. |
1959 | Section 10. Section 163.351, Florida Statutes, is created |
1960 | to read: |
1961 | 163.351 Reporting requirements for community redevelopment |
1962 | agencies.--Each community redevelopment agency shall annually: |
1963 | (1) By March 31, file with the governing body a report |
1964 | describing the progress made on each public project in the |
1965 | redevelopment plan which was funded during the preceding fiscal |
1966 | year and summarizing activities that, as of the end of the |
1967 | fiscal year, are planned for the upcoming fiscal year. On the |
1968 | date that the report is filed, the agency shall publish in a |
1969 | newspaper of general circulation in the community a notice that |
1970 | the report has been filed with the county or municipality and is |
1971 | available for inspection during business hours in the office of |
1972 | the clerk of the county or municipality and in the office of the |
1973 | agency. |
1974 | (2) Provide the reports or information that a dependent |
1975 | special district is required to file under chapter 189 to the |
1976 | Department of Community Affairs. |
1977 | (3) Provide the reports or information required under ss. |
1978 | 218.32, 218.38, and 218.39 to the Department of Financial |
1979 | Services. |
1980 | Section 11. Paragraph (c) of subsection (3) of section |
1981 | 163.356, Florida Statutes, is amended to read: |
1982 | 163.356 Creation of community redevelopment agency.-- |
1983 | (3) |
1984 | (c) The governing body of the county or municipality shall |
1985 | designate a chair and vice chair from among the commissioners. |
1986 | An agency may employ an executive director, technical experts, |
1987 | and such other agents and employees, permanent and temporary, as |
1988 | it requires, and determine their qualifications, duties, and |
1989 | compensation. For such legal service as it requires, an agency |
1990 | may employ or retain its own counsel and legal staff. An agency |
1991 | authorized to transact business and exercise powers under this |
1992 | part shall file with the governing body, on or before March 31 |
1993 | of each year, a report of its activities for the preceding |
1994 | fiscal year, which report shall include a complete financial |
1995 | statement setting forth its assets, liabilities, income, and |
1996 | operating expenses as of the end of such fiscal year. At the |
1997 | time of filing the report, the agency shall publish in a |
1998 | newspaper of general circulation in the community a notice to |
1999 | the effect that such report has been filed with the county or |
2000 | municipality and that the report is available for inspection |
2001 | during business hours in the office of the clerk of the city or |
2002 | county commission and in the office of the agency. |
2003 | Section 12. Paragraph (d) is added to subsection (3) of |
2004 | section 163.370, Florida Statutes, to read: |
2005 | 163.370 Powers; counties and municipalities; community |
2006 | redevelopment agencies.-- |
2007 | (3) The following projects may not be paid for or financed |
2008 | by increment revenues: |
2009 | (d) The substitution of increment revenues as security or |
2010 | payment for existing debt currently committed to pay debt |
2011 | service on existing structures or projects that are completed |
2012 | and operating. |
2013 | Section 13. Subsections (6) and (8) of section 163.387, |
2014 | Florida Statutes, are amended to read: |
2015 | 163.387 Redevelopment trust fund.-- |
2016 | (6) Moneys in the redevelopment trust fund may be expended |
2017 | from time to time for undertakings of a community redevelopment |
2018 | agency as described in the community redevelopment plan. Such |
2019 | expenditures may include for the following purposes, including, |
2020 | but are not limited to: |
2021 | (a) Administrative and overhead expenses necessary or |
2022 | incidental to the implementation of a community redevelopment |
2023 | plan adopted by the agency. |
2024 | (b) Expenses of redevelopment planning, surveys, and |
2025 | financial analysis, including the reimbursement of the governing |
2026 | body, any taxing authority, or the community redevelopment |
2027 | agency for such expenses incurred before the redevelopment plan |
2028 | was approved and adopted. |
2029 | (c) Expenses related to the promotion or marketing of |
2030 | projects or activities in the redevelopment area which are |
2031 | sponsored by the community redevelopment agency. |
2032 | (d)(c) The acquisition of real property in the |
2033 | redevelopment area. |
2034 | (e)(d) The clearance and preparation of any redevelopment |
2035 | area for redevelopment and relocation of site occupants within |
2036 | or outside the community redevelopment area as provided in s. |
2037 | 163.370. |
2038 | (f)(e) The repayment of principal and interest or any |
2039 | redemption premium for loans, advances, bonds, bond anticipation |
2040 | notes, and any other form of indebtedness. |
2041 | (g)(f) All expenses incidental to or connected with the |
2042 | issuance, sale, redemption, retirement, or purchase of bonds, |
2043 | bond anticipation notes, or other form of indebtedness, |
2044 | including funding of any reserve, redemption, or other fund or |
2045 | account provided for in the ordinance or resolution authorizing |
2046 | such bonds, notes, or other form of indebtedness. |
2047 | (h)(g) The development of affordable housing within the |
2048 | community redevelopment area. |
2049 | (i)(h) The development of Community policing innovations. |
2050 | (j) The provision of law enforcement, fire rescue, or |
2051 | emergency medical services if the community redevelopment area |
2052 | has been in existence for at least 5 years. |
2053 |
|
2054 | This listing of types of expenditures is not an exclusive list |
2055 | of the expenditures that may be made under this subsection and |
2056 | is intended only to provide examples of some of the activities, |
2057 | projects, or expenses for which an expenditure may be made under |
2058 | this subsection. |
2059 | (8) Each community redevelopment agency shall provide for |
2060 | an audit of the trust fund each fiscal year and a report of such |
2061 | audit to be prepared by an independent certified public |
2062 | accountant or firm. Such report shall describe the amount and |
2063 | source of deposits into, and the amount and purpose of |
2064 | withdrawals from, the trust fund during such fiscal year and the |
2065 | amount of principal and interest paid during such year on any |
2066 | indebtedness to which increment revenues are pledged and the |
2067 | remaining amount of such indebtedness. The agency shall provide |
2068 | by registered mail a copy of the report to each taxing |
2069 | authority. |
2070 | Section 14. Paragraphs (b) and (e) of subsection (2) of |
2071 | section 288.0655, Florida Statutes, are amended to read: |
2072 | 288.0655 Rural Infrastructure Fund.-- |
2073 | (2) |
2074 | (b) To facilitate access of rural communities and rural |
2075 | areas of critical economic concern as defined by the Rural |
2076 | Economic Development Initiative to infrastructure funding |
2077 | programs of the Federal Government, such as those offered by the |
2078 | United States Department of Agriculture and the United States |
2079 | Department of Commerce, and state programs, including those |
2080 | offered by Rural Economic Development Initiative agencies, and |
2081 | to facilitate local government or private infrastructure funding |
2082 | efforts, the office may award grants for up to 30 percent of the |
2083 | total infrastructure project cost. If an application for funding |
2084 | is for a catalyst site, as defined in s. 288.0656, the |
2085 | requirement for a local match may be waived. Eligible projects |
2086 | must be related to specific job-creation or job-retention |
2087 | opportunities. Eligible projects may also include improving any |
2088 | inadequate infrastructure that has resulted in regulatory action |
2089 | that prohibits economic or community growth or reducing the |
2090 | costs to community users of proposed infrastructure improvements |
2091 | that exceed such costs in comparable communities. Eligible uses |
2092 | of funds shall include improvements to public infrastructure for |
2093 | industrial or commercial sites and upgrades to or development of |
2094 | public tourism infrastructure. Authorized infrastructure may |
2095 | include the following public or public-private partnership |
2096 | facilities: storm water systems; telecommunications facilities; |
2097 | roads or other remedies to transportation impediments; nature- |
2098 | based tourism facilities; or other physical requirements |
2099 | necessary to facilitate tourism, trade, and economic development |
2100 | activities in the community. Authorized infrastructure may also |
2101 | include publicly owned self-powered nature-based tourism |
2102 | facilities; and additions to the distribution facilities of the |
2103 | existing natural gas utility as defined in s. 366.04(3)(c), the |
2104 | existing electric utility as defined in s. 366.02, or the |
2105 | existing water or wastewater utility as defined in s. |
2106 | 367.021(12), or any other existing water or wastewater facility, |
2107 | which owns a gas or electric distribution system or a water or |
2108 | wastewater system in this state where: |
2109 | 1. A contribution-in-aid of construction is required to |
2110 | serve public or public-private partnership facilities under the |
2111 | tariffs of any natural gas, electric, water, or wastewater |
2112 | utility as defined herein; and |
2113 | 2. Such utilities as defined herein are willing and able |
2114 | to provide such service. |
2115 | (e) To enable local governments to access the resources |
2116 | available pursuant to s. 403.973(19), the office may award |
2117 | grants for surveys, feasibility studies, and other activities |
2118 | related to the identification and preclearance review of land |
2119 | which is suitable for preclearance review. Authorized grants |
2120 | under this paragraph shall not exceed $75,000 each, except in |
2121 | the case of a project in a rural area of critical economic |
2122 | concern, in which case the grant shall not exceed $300,000. Any |
2123 | funds awarded under this paragraph must be matched at a level of |
2124 | 50 percent with local funds, except that any funds awarded for a |
2125 | project in a rural area of critical economic concern must be |
2126 | matched at a level of 33 percent with local funds. If an |
2127 | application for funding is for a catalyst site, as defined in s. |
2128 | 288.0656, the office may award grants for up to 40 percent of |
2129 | the total infrastructure project cost. In evaluating |
2130 | applications under this paragraph, the office shall consider the |
2131 | extent to which the application seeks to minimize administrative |
2132 | and consultant expenses. |
2133 | Section 15. Section 288.0656, Florida Statutes, is amended |
2134 | to read: |
2135 | 288.0656 Rural Economic Development Initiative.-- |
2136 | (1)(a) Recognizing that rural communities and regions |
2137 | continue to face extraordinary challenges in their efforts to |
2138 | achieve significant improvements to their economies, |
2139 | specifically in terms of personal income, job creation, average |
2140 | wages, and strong tax bases, it is the intent of the Legislature |
2141 | to encourage and facilitate the location and expansion in such |
2142 | rural communities of major economic development projects of |
2143 | significant scale. |
2144 | (b) The Rural Economic Development Initiative, known as |
2145 | "REDI," is created within the Office of Tourism, Trade, and |
2146 | Economic Development, and the participation of state and |
2147 | regional agencies in this initiative is authorized. |
2148 | (2) As used in this section, the term: |
2149 | (a) "Catalyst project" means a business locating or |
2150 | expanding in a rural area of critical economic concern that is |
2151 | likely to serve as an economic growth opportunity of regional |
2152 | significance for the growth of a regional target industry |
2153 | cluster. The project shall provide capital investment of |
2154 | significant scale that will affect the entire region and that |
2155 | will facilitate the development of high-wage and high-skill |
2156 | jobs. |
2157 | (b) "Catalyst site" means a parcel or parcels of land |
2158 | within a rural area of critical economic concern that has been |
2159 | prioritized by representatives of the jurisdictions within the |
2160 | rural area of critical economic concern, reviewed by REDI, and |
2161 | approved by the Office of Tourism, Trade, and Economic |
2162 | Development for purposes of locating a catalyst project. |
2163 | (c)(a) "Economic distress" means conditions affecting the |
2164 | fiscal and economic viability of a rural community, including |
2165 | such factors as low per capita income, low per capita taxable |
2166 | values, high unemployment, high underemployment, low weekly |
2167 | earned wages compared to the state average, low housing values |
2168 | compared to the state average, high percentages of the |
2169 | population receiving public assistance, high poverty levels |
2170 | compared to the state average, and a lack of year-round stable |
2171 | employment opportunities. |
2172 | (d) "Rural area of critical economic concern" means a |
2173 | rural community, or a region composed of rural communities, |
2174 | designated by the Governor, that has been adversely affected by |
2175 | an extraordinary economic event, severe or chronic distress, or |
2176 | a natural disaster or that presents a unique economic |
2177 | development opportunity of regional impact. |
2178 | (e)(b) "Rural community" means: |
2179 | 1. A county with a population of 75,000 or less. |
2180 | 2. A county with a population of 120,000 100,000 or less |
2181 | that is contiguous to a county with a population of 75,000 or |
2182 | less. |
2183 | 3. A municipality within a county described in |
2184 | subparagraph 1. or subparagraph 2. |
2185 | 4. An unincorporated federal enterprise community or an |
2186 | incorporated rural city with a population of 25,000 or less and |
2187 | an employment base focused on traditional agricultural or |
2188 | resource-based industries, located in a county not defined as |
2189 | rural, which has at least three or more of the economic distress |
2190 | factors identified in paragraph (a) and verified by the Office |
2191 | of Tourism, Trade, and Economic Development. |
2192 |
|
2193 | For purposes of this paragraph, population shall be determined |
2194 | in accordance with the most recent official estimate pursuant to |
2195 | s. 186.901. |
2196 | (3) REDI shall be responsible for coordinating and |
2197 | focusing the efforts and resources of state and regional |
2198 | agencies on the problems which affect the fiscal, economic, and |
2199 | community viability of Florida's economically distressed rural |
2200 | communities, working with local governments, community-based |
2201 | organizations, and private organizations that have an interest |
2202 | in the growth and development of these communities to find ways |
2203 | to balance environmental and growth management issues with local |
2204 | needs. |
2205 | (4) REDI shall review and evaluate the impact of laws |
2206 | statutes and rules on rural communities and shall work to |
2207 | minimize any adverse impact and undertake outreach and capacity |
2208 | building efforts. |
2209 | (5) REDI shall facilitate better access to state resources |
2210 | by promoting direct access and referrals to appropriate state |
2211 | and regional agencies and statewide organizations. REDI may |
2212 | undertake outreach, capacity-building, and other advocacy |
2213 | efforts to improve conditions in rural communities. These |
2214 | activities may include sponsorship of conferences and |
2215 | achievement awards. |
2216 | (6)(a) By August 1 of each year, the head of each of the |
2217 | following agencies and organizations shall designate a high- |
2218 | level staff person from within the agency or organization to |
2219 | serve as the REDI representative for the agency or organization: |
2220 | 1. The Department of Community Affairs. |
2221 | 2. The Department of Transportation. |
2222 | 3. The Department of Environmental Protection. |
2223 | 4. The Department of Agriculture and Consumer Services. |
2224 | 5. The Department of State. |
2225 | 6. The Department of Health. |
2226 | 7. The Department of Children and Family Services. |
2227 | 8. The Department of Corrections. |
2228 | 9. The Agency for Workforce Innovation. |
2229 | 10. The Department of Education. |
2230 | 11. The Department of Juvenile Justice. |
2231 | 12. The Fish and Wildlife Conservation Commission. |
2232 | 13. Each water management district. |
2233 | 14. Enterprise Florida, Inc. |
2234 | 15. Workforce Florida, Inc. |
2235 | 16. The Florida Commission on Tourism or VISIT Florida. |
2236 | 17. The Florida Regional Planning Council Association. |
2237 | 18. The Agency for Health Care Administration Florida |
2238 | State Rural Development Council. |
2239 | 19. The Institute of Food and Agricultural Sciences |
2240 | (IFAS). |
2241 |
|
2242 | An alternate for each designee shall also be chosen, and the |
2243 | names of the designees and alternates shall be sent to the |
2244 | director of the Office of Tourism, Trade, and Economic |
2245 | Development. |
2246 | (b) Each REDI representative must have comprehensive |
2247 | knowledge of his or her agency's functions, both regulatory and |
2248 | service in nature, and of the state's economic goals, policies, |
2249 | and programs. This person shall be the primary point of contact |
2250 | for his or her agency with REDI on issues and projects relating |
2251 | to economically distressed rural communities and with regard to |
2252 | expediting project review, shall ensure a prompt effective |
2253 | response to problems arising with regard to rural issues, and |
2254 | shall work closely with the other REDI representatives in the |
2255 | identification of opportunities for preferential awards of |
2256 | program funds and allowances and waiver of program requirements |
2257 | when necessary to encourage and facilitate long-term private |
2258 | capital investment and job creation. |
2259 | (c) The REDI representatives shall work with REDI in the |
2260 | review and evaluation of statutes and rules for adverse impact |
2261 | on rural communities and the development of alternative |
2262 | proposals to mitigate that impact. |
2263 | (d) Each REDI representative shall be responsible for |
2264 | ensuring that each district office or facility of his or her |
2265 | agency is informed about the Rural Economic Development |
2266 | Initiative and for providing assistance throughout the agency in |
2267 | the implementation of REDI activities. |
2268 | (7)(a) REDI may recommend to the Governor up to three |
2269 | rural areas of critical economic concern. A rural area of |
2270 | critical economic concern must be a rural community, or a region |
2271 | composed of such, that has been adversely affected by an |
2272 | extraordinary economic event or a natural disaster or that |
2273 | presents a unique economic development opportunity of regional |
2274 | impact that will create more than 1,000 jobs over a 5-year |
2275 | period. The Governor may by executive order designate up to |
2276 | three rural areas of critical economic concern which will |
2277 | establish these areas as priority assignments for REDI as well |
2278 | as to allow the Governor, acting through REDI, to waive |
2279 | criteria, requirements, or similar provisions of any economic |
2280 | development incentive. Such incentives shall include, but not be |
2281 | limited to: the Qualified Target Industry Tax Refund Program |
2282 | under s. 288.106, the Quick Response Training Program under s. |
2283 | 288.047, the Quick Response Training Program for participants in |
2284 | the welfare transition program under s. 288.047(8), |
2285 | transportation projects under s. 288.063, the brownfield |
2286 | redevelopment bonus refund under s. 288.107, and the rural job |
2287 | tax credit program under ss. 212.098 and 220.1895. |
2288 | (b) Designation as a rural area of critical economic |
2289 | concern under this subsection shall be contingent upon the |
2290 | execution of a memorandum of agreement among the Office of |
2291 | Tourism, Trade, and Economic Development; the governing body of |
2292 | the county; and the governing bodies of any municipalities to be |
2293 | included within a rural area of critical economic concern. Such |
2294 | agreement shall specify the terms and conditions of the |
2295 | designation, including, but not limited to, the duties and |
2296 | responsibilities of the county and any participating |
2297 | municipalities to take actions designed to facilitate the |
2298 | retention and expansion of existing businesses in the area, as |
2299 | well as the recruitment of new businesses to the area. |
2300 | (c) Each rural area of critical economic concern may |
2301 | designate catalyst projects provided that each catalyst project |
2302 | is specifically recommended by REDI, identified as a catalyst |
2303 | project by Enterprise Florida, Inc., and confirmed as a catalyst |
2304 | project by the Office of Tourism, Trade, and Economic |
2305 | Development. All state agencies and departments shall use all |
2306 | available tools and resources to the extent permissible by law |
2307 | to promote the creation and development of each catalyst project |
2308 | and the development of catalyst sites. |
2309 | (8) REDI shall assist local governments within rural areas |
2310 | of critical economic concern with comprehensive planning needs |
2311 | pursuant to s. 163.3184(20) and that implement the provisions of |
2312 | this section. Such assistance shall reflect a multidisciplinary |
2313 | approach among all agencies and shall include economic |
2314 | development and planning objectives. |
2315 | (a) A local government may request assistance in the |
2316 | preparation of plan amendments that will stimulate economic |
2317 | activity. |
2318 | 1. The local government must contact the Office of |
2319 | Tourism, Trade, and Economic Development to request assistance. |
2320 | 2. REDI representatives shall meet with the local |
2321 | government within 15 days after such request to develop the |
2322 | scope of assistance that will be provided to assist the |
2323 | development, transmittal, and adoption of the proposed |
2324 | comprehensive plan amendment. |
2325 | 3. As part of the assistance provided, REDI |
2326 | representatives shall also identify other needed local and |
2327 | developer actions for approval of the project and recommend a |
2328 | timeline for the local government and developer that will |
2329 | minimize project delays. |
2330 | (b) In addition, REDI shall solicit requests each year for |
2331 | assistance from local governments within a rural area of |
2332 | critical economic concern to update the future land use element |
2333 | and other associated elements of the local government's |
2334 | comprehensive plan to better position the community to respond |
2335 | to economic development potential within the county or |
2336 | municipality. REDI shall provide direct assistance to such local |
2337 | governments to update their comprehensive plans pursuant to this |
2338 | paragraph. At least one comprehensive planning technical |
2339 | assistance effort shall be selected each year. |
2340 | (c) REDI shall develop and annually update a technical |
2341 | assistance manual based upon experiences learned in providing |
2342 | direct assistance under this subsection. |
2343 | (9)(8) REDI shall submit a report to the Governor, the |
2344 | President of the Senate, and the Speaker of the House of |
2345 | Representatives each year on or before September February 1 on |
2346 | all REDI activities for the prior fiscal year. This report shall |
2347 | include a status report on all projects currently being |
2348 | coordinated through REDI, the number of preferential awards and |
2349 | allowances made pursuant to this section, the dollar amount of |
2350 | such awards, and the names of the recipients. The report shall |
2351 | also include a description of all waivers of program |
2352 | requirements granted. The report shall also include information |
2353 | as to the economic impact of the projects coordinated by REDI. |
2354 | Section 16. Paragraph (a) of subsection (7), paragraph (c) |
2355 | of subsection (19), and paragraph (n) of subsection (24) of |
2356 | section 380.06, Florida Statutes, are amended, and paragraph (v) |
2357 | is added to subsection (24) of that section, to read: |
2358 | 380.06 Developments of regional impact.-- |
2359 | (7) PREAPPLICATION PROCEDURES.-- |
2360 | (a) Before filing an application for development approval, |
2361 | the developer shall contact the regional planning agency with |
2362 | jurisdiction over the proposed development to arrange a |
2363 | preapplication conference. Upon the request of the developer or |
2364 | the regional planning agency, other affected state and regional |
2365 | agencies shall participate in this conference and shall identify |
2366 | the types of permits issued by the agencies, the level of |
2367 | information required, and the permit issuance procedures as |
2368 | applied to the proposed development. The levels of service |
2369 | required in the transportation methodology shall be the same |
2370 | levels of service used to evaluate concurrency in accordance |
2371 | with s. 163.3180. The regional planning agency shall provide the |
2372 | developer information about the development-of-regional-impact |
2373 | process and the use of preapplication conferences to identify |
2374 | issues, coordinate appropriate state and local agency |
2375 | requirements, and otherwise promote a proper and efficient |
2376 | review of the proposed development. If agreement is reached |
2377 | regarding assumptions and methodology to be used in the |
2378 | application for development approval, the reviewing agencies may |
2379 | not subsequently object to those assumptions and methodologies |
2380 | unless subsequent changes to the project or information obtained |
2381 | during the review make those assumptions and methodologies |
2382 | inappropriate. |
2383 | (19) SUBSTANTIAL DEVIATIONS.-- |
2384 | (c) An extension of the date of buildout of a development, |
2385 | or any phase thereof, by more than 7 years is presumed to create |
2386 | a substantial deviation subject to further development-of- |
2387 | regional-impact review. An extension of the date of buildout, or |
2388 | any phase thereof, of more than 5 years but not more than 7 |
2389 | years is presumed not to create a substantial deviation. The |
2390 | extension of the date of buildout of an areawide development of |
2391 | regional impact by more than 5 years but less than 10 years is |
2392 | presumed not to create a substantial deviation. These |
2393 | presumptions may be rebutted by clear and convincing evidence at |
2394 | the public hearing held by the local government. An extension of |
2395 | 5 years or less is not a substantial deviation. For the purpose |
2396 | of calculating when a buildout or phase date has been exceeded, |
2397 | the time shall be tolled during the pendency of administrative |
2398 | or judicial proceedings relating to development permits. Any |
2399 | extension of the buildout date of a project or a phase thereof |
2400 | shall automatically extend the commencement date of the project, |
2401 | the termination date of the development order, the expiration |
2402 | date of the development of regional impact, and the phases |
2403 | thereof if applicable by a like period of time. In recognition |
2404 | of the 2007 real estate market conditions, all development order |
2405 | phase, buildout, commencement, and expiration dates and all |
2406 | related local government approvals for projects that are |
2407 | developments of regional impact or Florida Quality Developments |
2408 | and under active construction on July 1, 2007, or for which a |
2409 | development order was adopted between January 1, 2006, and July |
2410 | 1, 2007, regardless of whether or not active construction has |
2411 | commenced, are extended for 3 years regardless of any prior |
2412 | extension. The 3-year extension is not a substantial deviation, |
2413 | is not subject to further development-of-regional-impact review, |
2414 | and may not be considered when determining whether a subsequent |
2415 | extension is a substantial deviation under this subsection. This |
2416 | extension also applies to all associated local government |
2417 | approvals, including, but not limited to, agreements, |
2418 | certificates, and permits related to the project. |
2419 | (24) STATUTORY EXEMPTIONS.-- |
2420 | (n) Any proposed development or redevelopment within an |
2421 | area designated in the comprehensive plan as an urban |
2422 | redevelopment area, a downtown revitalization area, an urban |
2423 | infill development area, or an urban infill and redevelopment |
2424 | area under s. 163.2517 is exempt from this section if the local |
2425 | government has entered into a binding agreement with |
2426 | jurisdictions that would be impacted and the Department of |
2427 | Transportation regarding the mitigation of impacts on state and |
2428 | regional transportation facilities, and has adopted a |
2429 | proportionate share methodology pursuant to s. 163.3180(16). |
2430 | (v) Any development or change to a previously approved |
2431 | development of regional impact that is proposed for at least two |
2432 | uses, one of which is for use as an office, university medical |
2433 | school, hospital, or laboratory appropriate for research and |
2434 | development of medical technology, biotechnology, or life |
2435 | science applications is exempt from this section if: |
2436 | 1. The land is located in a designated urban infill area |
2437 | or within 5 miles of a state-supported biotechnical research |
2438 | facility or if a local government having jurisdiction |
2439 | recognizes, by resolution, that the land is located in a |
2440 | compact, high-intensity, and high-density multiuse area that is |
2441 | appropriate for intensive growth. |
2442 | 2. The land is located within three-fourths of 1 mile from |
2443 | one or more planned or programmed bus or light rail transit |
2444 | stops. |
2445 | 3. The development is registered with the United States |
2446 | Green Building Council and there is an intent to apply for |
2447 | certification of each building under the Leadership in Energy |
2448 | and Environmental Design rating program, or the development is |
2449 | registered by an alternate green building or development rating |
2450 | system that a local government having jurisdiction finds |
2451 | appropriate, by resolution. |
2452 |
|
2453 | If a use is exempt from review as a development of regional |
2454 | impact under paragraphs (a)-(u)(a)-(t), but will be part of a |
2455 | larger project that is subject to review as a development of |
2456 | regional impact, the impact of the exempt use must be included |
2457 | in the review of the larger project. |
2458 | Section 17. Paragraph (f) of subsection (3) of section |
2459 | 380.0651, Florida Statutes, is amended to read: |
2460 | 380.0651 Statewide guidelines and standards.-- |
2461 | (3) The following statewide guidelines and standards shall |
2462 | be applied in the manner described in s. 380.06(2) to determine |
2463 | whether the following developments shall be required to undergo |
2464 | development-of-regional-impact review: |
2465 | (f) Hotel or motel development.-- |
2466 | 1. Any proposed hotel or motel development that is planned |
2467 | to create or accommodate 350 or more units; or |
2468 | 2. Any proposed hotel or motel development that is planned |
2469 | to create or accommodate 750 or more units, in a county with a |
2470 | population greater than 500,000 but not exceeding 1.5 million; |
2471 | or |
2472 | 3. Any proposed hotel or motel development that is planned |
2473 | to create or accommodate 750 or more units, in a county with a |
2474 | population greater than 1.5 million, and only in a geographic |
2475 | area specifically designated as highly suitable for increased |
2476 | threshold intensity in the approved local comprehensive plan and |
2477 | in the strategic regional policy plan. |
2478 | Section 18. Subsection (13) is added to section 403.121, |
2479 | Florida Statutes, to read: |
2480 | 403.121 Enforcement; procedure; remedies.--The department |
2481 | shall have the following judicial and administrative remedies |
2482 | available to it for violations of this chapter, as specified in |
2483 | s. 403.161(1). |
2484 | (13) Any party subject to an executed consent order of the |
2485 | Department of Environmental Protection under chapter 373 or this |
2486 | chapter, pursuant to which a building permit is necessary to |
2487 | comply with the consent order, shall not be required to undergo |
2488 | or obtain site plan approval or other zoning approvals as a |
2489 | condition to issuance of the building permit if the activities |
2490 | conducted on the parcel are, but for the specifics of the |
2491 | consent order, consistent with local permits, zoning, and land |
2492 | use approvals. |
2493 | Section 19. Subsection (5) of section 420.615, Florida |
2494 | Statutes, is amended to read: |
2495 | 420.615 Affordable housing land donation density bonus |
2496 | incentives.-- |
2497 | (5) The local government, as part of the approval process, |
2498 | shall adopt a comprehensive plan amendment, pursuant to part II |
2499 | of chapter 163, for the receiving land that incorporates the |
2500 | density bonus. Such amendment shall be deemed a small scale |
2501 | amendment, shall be subject only to the requirements of adopted |
2502 | in the manner as required for small-scale amendments pursuant to |
2503 | s. 163.3187(1)(b)3.b. and c., is not subject to the requirements |
2504 | of s. 163.3184(3)-(11)(3)-(6), and is exempt from s. |
2505 | 163.3187(1)(b)3.a. and from the limitation on the frequency of |
2506 | plan amendments as provided in s. 163.3187. An affected person |
2507 | as defined in s. 163.3184 may file a petition for administrative |
2508 | review pursuant to s. 163.3187(3) to challenge the compliance of |
2509 | an adopted plan amendment. |
2510 | Section 20. Subsection (2) of section 257.193, Florida |
2511 | Statutes, is amended to read: |
2512 | 257.193 Community Libraries in Caring Program.-- |
2513 | (2) The purpose of the Community Libraries in Caring |
2514 | Program is to assist libraries in rural communities, as defined |
2515 | in s. 288.0656(2)(e) 288.0656(2)(b) and subject to the |
2516 | provisions of s. 288.06561, to strengthen their collections and |
2517 | services, improve literacy in their communities, and improve the |
2518 | economic viability of their communities. |
2519 | Section 21. Section 288.019, Florida Statutes, is amended |
2520 | to read: |
2521 | 288.019 Rural considerations in grant review and |
2522 | evaluation processes.-- |
2523 | (1) Notwithstanding any other law, and to the fullest |
2524 | extent possible, the member agencies and organizations of the |
2525 | Rural Economic Development Initiative (REDI) as defined in s. |
2526 | 288.0656(6)(a) shall review all grant and loan application |
2527 | evaluation criteria to ensure the fullest access for rural |
2528 | counties as defined in s. 288.0656(2)(e) 288.0656(2)(b) to |
2529 | resources available throughout the state. |
2530 | (2)(1) Each REDI agency and organization shall review all |
2531 | evaluation and scoring procedures and develop modifications to |
2532 | those procedures which minimize the impact of a project within a |
2533 | rural area. |
2534 | (a)(2) Evaluation criteria and scoring procedures must |
2535 | provide for an appropriate ranking based on the proportionate |
2536 | impact that projects have on a rural area when compared with |
2537 | similar project impacts on an urban area. |
2538 | (b)(3) Evaluation criteria and scoring procedures must |
2539 | recognize the disparity of available fiscal resources for an |
2540 | equal level of financial support from an urban county and a |
2541 | rural county. |
2542 | 1.(a) The evaluation criteria should weight contribution |
2543 | in proportion to the amount of funding available at the local |
2544 | level. |
2545 | 2.(b) In-kind match should be allowed and applied as |
2546 | financial match when a county is experiencing financial distress |
2547 | through elevated unemployment at a rate in excess of the state's |
2548 | average by 5 percentage points or because of the loss of its ad |
2549 | valorem base. |
2550 | (c)(4) For existing programs, the modified evaluation |
2551 | criteria and scoring procedure must be delivered to the Office |
2552 | of Tourism, Trade, and Economic Development for distribution to |
2553 | the REDI agencies and organizations. The REDI agencies and |
2554 | organizations shall review and make comments. Future rules, |
2555 | programs, evaluation criteria, and scoring processes must be |
2556 | brought before a REDI meeting for review, discussion, and |
2557 | recommendation to allow rural counties fuller access to the |
2558 | state's resources. |
2559 | Section 22. Section 288.06561, Florida Statutes, is |
2560 | amended to read: |
2561 | 288.06561 Reduction or waiver of financial match |
2562 | requirements.-- |
2563 | (1) Notwithstanding any other law, the member agencies and |
2564 | organizations of the Rural Economic Development Initiative |
2565 | (REDI), as defined in s. 288.0656(6)(a), shall review the |
2566 | financial match requirements for projects in rural areas as |
2567 | defined in s. 288.0656(2)(e) 288.0656(2)(b). |
2568 | (2)(1) Each agency and organization shall develop a |
2569 | proposal to waive or reduce the match requirement for rural |
2570 | areas. |
2571 | (3)(2) Agencies and organizations shall ensure that all |
2572 | proposals are submitted to the Office of Tourism, Trade, and |
2573 | Economic Development for review by the REDI agencies. |
2574 | (4)(3) These proposals shall be delivered to the Office of |
2575 | Tourism, Trade, and Economic Development for distribution to the |
2576 | REDI agencies and organizations. A meeting of REDI agencies and |
2577 | organizations must be called within 30 days after receipt of |
2578 | such proposals for REDI comment and recommendations on each |
2579 | proposal. |
2580 | (5)(4) Waivers and reductions must be requested by the |
2581 | county or community, and such county or community must have |
2582 | three or more of the factors identified in s. 288.0656(2)(c) |
2583 | 288.0656(2)(a). |
2584 | (6)(5) Any other funds available to the project may be |
2585 | used for financial match of federal programs when there is |
2586 | fiscal hardship, and the match requirements may not be waived or |
2587 | reduced. |
2588 | (7)(6) When match requirements are not reduced or |
2589 | eliminated, donations of land, though usually not recognized as |
2590 | an in-kind match, may be permitted. |
2591 | (8)(7) To the fullest extent possible, agencies and |
2592 | organizations shall expedite the rule adoption and amendment |
2593 | process if necessary to incorporate the reduction in match by |
2594 | rural areas in fiscal distress. |
2595 | (9)(8) REDI shall include in its annual report an |
2596 | evaluation on the status of changes to rules, number of awards |
2597 | made with waivers, and recommendations for future changes. |
2598 | Section 23. Paragraph (b) of subsection (4) of section |
2599 | 339.2819, Florida Statutes, is amended to read: |
2600 | 339.2819 Transportation Regional Incentive Program.-- |
2601 | (4) |
2602 | (b) In allocating Transportation Regional Incentive |
2603 | Program funds, priority shall be given to projects that: |
2604 | 1. Provide connectivity to the Strategic Intermodal System |
2605 | developed under s. 339.64. |
2606 | 2. Support economic development and the movement of goods |
2607 | in rural areas of critical economic concern designated under s. |
2608 | 288.0656(7)(a) 288.0656(7). |
2609 | 3. Are subject to a local ordinance that establishes |
2610 | corridor management techniques, including access management |
2611 | strategies, right-of-way acquisition and protection measures, |
2612 | appropriate land use strategies, zoning, and setback |
2613 | requirements for adjacent land uses. |
2614 | 4. Improve connectivity between military installations and |
2615 | the Strategic Highway Network or the Strategic Rail Corridor |
2616 | Network. |
2617 | Section 24. Paragraph (d) of subsection (15) of section |
2618 | 627.6699, Florida Statutes, is amended to read: |
2619 | 627.6699 Employee Health Care Access Act.-- |
2620 | (15) SMALL EMPLOYERS ACCESS PROGRAM.-- |
2621 | (d) Eligibility.-- |
2622 | 1. Any small employer that is actively engaged in |
2623 | business, has its principal place of business in this state, |
2624 | employs up to 25 eligible employees on business days during the |
2625 | preceding calendar year, employs at least 2 employees on the |
2626 | first day of the plan year, and has had no prior coverage for |
2627 | the last 6 months may participate. |
2628 | 2. Any municipality, county, school district, or hospital |
2629 | employer located in a rural community as defined in s. |
2630 | 288.0656(2)(e) 288.0656(2)(b) may participate. |
2631 | 3. Nursing home employers may participate. |
2632 | 4. Each dependent of a person eligible for coverage is |
2633 | also eligible to participate. |
2634 |
|
2635 | Any employer participating in the program must do so until the |
2636 | end of the term for which the carrier providing the coverage is |
2637 | obligated to provide such coverage to the program. Coverage for |
2638 | a small employer group that ceases to meet the eligibility |
2639 | requirements of this section may be terminated at the end of the |
2640 | policy period for which the necessary premiums have been paid. |
2641 | Section 25. The sum of $300,000 is appropriated from |
2642 | nonrecurring revenue in the General Revenue Fund to the |
2643 | Legislative Committee on Intergovernmental Relations for the |
2644 | 2008-2009 fiscal year to pay for costs associated with the |
2645 | mobility fee study and pilot project program established in |
2646 | section 4. |
2647 | Section 26. This act shall take effect July 1, 2008. |