CS/HB 7129

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.

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