Florida Senate - 2009 CS for SB 2148
By the Committee on Community Affairs; and Senator Bennett
578-03342-09 20092148c1
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3174, F.S.; prohibiting the members of the local
4 governing body from serving on the local planning
5 agency; providing an exception; amending s. 163.3177,
6 F.S.; revising standards for the future land use plan
7 in a local comprehensive plan; revising standards for
8 the housing element of a local comprehensive plan;
9 requiring certain counties to certify that they have
10 adopted a plan for ensuring affordable workforce
11 housing before obtaining certain funding; authorizing
12 the state land planning agency to amend administrative
13 rules relating to planning criteria to allow for
14 varying local conditions; deleting exemptions from the
15 limitation on the frequency of plan amendments;
16 extending the deadline for local governments to adopt
17 a public school facilities element and interlocal
18 agreement; providing legislative findings concerning
19 the need to preserve agricultural land and protect
20 rural agricultural communities from adverse changes in
21 the agricultural economy; defining the term “rural
22 agricultural industrial center”; authorizing a
23 landowner within a rural agricultural industrial
24 center to apply for an amendment to the comprehensive
25 plan to expand an existing center; providing
26 requirements for such application; providing a
27 rebuttable presumption that such an amendment is
28 consistent with state rule; providing certain
29 exceptions to the approval of such amendment; amending
30 s. 163.3180, F.S.; providing that certain projects or
31 high-performance transit systems be considered as
32 committed facilities; requiring that the costs
33 associated with accommodating a transit facility be
34 credited against the developer’s proportionate-share
35 contribution; revising the calculation of school
36 capacity to include relocatables used by a school
37 district; providing a minimum state availability
38 standard for school concurrency; providing that a
39 developer is not required to reduce or eliminate
40 backlog or address class size reduction; providing
41 that charter schools be considered as a mitigation
42 option under certain circumstances; requiring school
43 districts to include relocatables in their calculation
44 of school capacity under certain circumstances;
45 providing for an Urban Placemaking Initiative Pilot
46 Project Program; providing that certain local
47 governments be designated as urban placemaking
48 initiative pilot projects; providing requirements,
49 criteria, procedures, and limitations for such local
50 governments; amending s. 163.3184, F.S.; requiring
51 that a potential applicant for a future land use map
52 amendment meet certain notice and meeting requirements
53 before filing such application; exempting small-scale
54 amendments from certain requirements; revising certain
55 deadlines for comments on the intergovernmental review
56 and state planning agency review of plan amendments;
57 providing that an amendment is deemed abandoned under
58 certain circumstances; authorizing the state land
59 planning agency to grant extensions for comments;
60 requiring that a comprehensive plan or amendment be
61 available to the public a specified number of days
62 before a scheduled hearing; prohibiting certain types
63 of changes to a plan amendment during a specified
64 period before the hearing; requiring that the local
65 government certify certain information to the state
66 land planning agency; conforming a cross-reference;
67 amending s. 163.3187, F.S.; limiting the adoption of
68 certain plan amendments to twice per calendar year;
69 authorizing local governments to adopt certain plan
70 amendments at any time during a calendar year without
71 regard for restrictions on frequency; deleting certain
72 types of amendments from the list of amendments
73 eligible for adoption at any time during a calendar
74 year; deleting exemptions from frequency limitations;
75 providing circumstances under which small-scale
76 amendments become effective; amending s. 163.3202,
77 F.S.; requiring that local land development
78 regulations maintain the existing density of
79 residential properties or recreational vehicle parks
80 under certain circumstances; amending s. 163.3217,
81 F.S.; deleting an exemption from the frequency
82 requirements for the adoption of amendments to a local
83 comprehensive plan; amending s. 163.340, F.S.;
84 expanding the definition of the term “blighted area”
85 to include land previously used as a military
86 facility; amending s. 171.203, F.S.; deleting an
87 exemption for the adoption of a municipal service area
88 as an amendment to a local comprehensive plan;
89 amending s. 380.06, F.S.; providing that the level-of
90 service standards for the development-of-regional
91 impact review is the same as the level-of-service
92 standards for evaluating concurrency; conforming a
93 cross-reference; amending s. 403.973, F.S.; providing
94 legislative intent; providing certain criteria for
95 regional centers for clean technology projects to
96 receive expedited permitting; providing regulatory
97 incentives for projects that meet such criteria;
98 authorizing the Office of Tourism, Trade, and Economic
99 Development within the Executive Office of the
100 Governor to certify and decertify such projects;
101 authorizing the office to create regional permit
102 action teams; providing an effective date.
103
104 Be It Enacted by the Legislature of the State of Florida:
105
106 Section 1. Subsection (1) of section 163.3174, Florida
107 Statutes, is amended to read:
108 163.3174 Local planning agency.—
109 (1) The governing body of each local government,
110 individually or in combination as provided in s. 163.3171, shall
111 designate and by ordinance establish a “local planning agency,”
112 unless the agency is otherwise established by law.
113 Notwithstanding any special act to the contrary, all local
114 planning agencies or equivalent agencies that first review
115 rezoning and comprehensive plan amendments in each municipality
116 and county shall include a representative of the school district
117 appointed by the school board as a nonvoting member of the local
118 planning agency or equivalent agency to attend those meetings at
119 which the agency considers comprehensive plan amendments and
120 rezonings that would, if approved, increase residential density
121 on the property that is the subject of the application. However,
122 this subsection does not prevent the governing body of the local
123 government from granting voting status to the school board
124 member. Members of the local governing body may not serve on
125 designate itself as the local planning agency pursuant to this
126 subsection, except in a municipality having a population of
127 10,000 or fewer with the addition of a nonvoting school board
128 representative. The local governing body shall notify the state
129 land planning agency of the establishment of its local planning
130 agency. All local planning agencies shall provide opportunities
131 for involvement by applicable community college boards, which
132 may be accomplished by formal representation, membership on
133 technical advisory committees, or other appropriate means. The
134 local planning agency shall prepare the comprehensive plan or
135 plan amendment after hearings to be held after public notice and
136 shall make recommendations to the local governing body regarding
137 the adoption or amendment of the plan. The local planning agency
138 may be a local planning commission, the planning department of
139 the local government, or other instrumentality, including a
140 countywide planning entity established by special act or a
141 council of local government officials created pursuant to s.
142 163.02, provided the composition of the council is fairly
143 representative of all the governing bodies in the county or
144 planning area; however:
145 (a) If a joint planning entity is in existence on the
146 effective date of this act which authorizes the governing bodies
147 to adopt and enforce a land use plan effective throughout the
148 joint planning area, that entity shall be the agency for those
149 local governments until such time as the authority of the joint
150 planning entity is modified by law.
151 (b) In the case of chartered counties, the planning
152 responsibility between the county and the several municipalities
153 therein shall be as stipulated in the charter.
154 Section 2. Paragraphs (a), (c), (f), (g), and (h) of
155 subsection (6), and paragraph (i) of subsection (10) of section
156 163.3177, Florida Statutes, are amended, and subsection (15) is
157 added to that section, to read:
158 163.3177 Required and optional elements of comprehensive
159 plan; studies and surveys.—
160 (6) In addition to the requirements of subsections (1)-(5)
161 and (12), the comprehensive plan shall include the following
162 elements:
163 (a) A future land use plan element designating proposed
164 future general distribution, location, and extent of the uses of
165 land for residential uses, commercial uses, industry,
166 agriculture, recreation, conservation, education, public
167 buildings and grounds, other public facilities, and other
168 categories of the public and private uses of land. Counties are
169 encouraged to designate rural land stewardship areas, pursuant
170 to the provisions of paragraph (11)(d), as overlays on the
171 future land use map. Each future land use category must be
172 defined in terms of uses included rather than numerical caps,
173 and must include standards to be followed in the control and
174 distribution of population densities and building and structure
175 intensities. The proposed distribution, location, and extent of
176 the various categories of land use shall be shown on a land use
177 map or map series which shall be supplemented by goals,
178 policies, and measurable objectives. The future land use plan
179 shall be based upon surveys, studies, and data regarding the
180 area, including the amount of land required to accommodate
181 anticipated growth; the projected population of the area; the
182 character of undeveloped land; those factors limiting
183 development, critical habitat designations as well as other
184 applicable environmental protections, and local building
185 restrictions incorporated into the comprehensive plan or land
186 development code; the availability of water supplies, public
187 facilities, and services; the need for redevelopment, including
188 the renewal of blighted areas and the elimination of
189 nonconforming uses which are inconsistent with the character of
190 the community; the compatibility of uses on lands adjacent to or
191 closely proximate to military installations; the discouragement
192 of urban sprawl; energy-efficient land use patterns accounting
193 for existing and future electric power generation and
194 transmission systems; greenhouse gas reduction strategies; and,
195 in rural communities, the need for job creation, capital
196 investment, and economic development that will strengthen and
197 diversify the community’s economy. The future land use plan may
198 designate areas for future planned development use involving
199 combinations of types of uses for which special regulations may
200 be necessary to ensure development in accord with the principles
201 and standards of the comprehensive plan and this act. The future
202 land use plan element shall include criteria to be used to
203 achieve the compatibility of adjacent or closely proximate lands
204 with military installations. In addition, for rural communities,
205 the amount of land designated for future planned industrial use
206 shall be based upon surveys and studies that reflect the need
207 for job creation, capital investment, and the necessity to
208 strengthen and diversify the local economies, and shall not be
209 limited solely by the projected population of the rural
210 community. The future land use plan of a county may also
211 designate areas for possible future municipal incorporation. The
212 land use maps or map series shall generally identify and depict
213 historic district boundaries and shall designate historically
214 significant properties meriting protection. For coastal
215 counties, the future land use element must include, without
216 limitation, regulatory incentives and criteria that encourage
217 the preservation of recreational and commercial working
218 waterfronts as defined in s. 342.07. The future land use element
219 must clearly identify the land use categories in which public
220 schools are an allowable use. When delineating the land use
221 categories in which public schools are an allowable use, a local
222 government shall include in the categories sufficient land
223 proximate to residential development to meet the projected needs
224 for schools in coordination with public school boards and may
225 establish differing criteria for schools of different type or
226 size. Each local government shall include lands contiguous to
227 existing school sites, to the maximum extent possible, within
228 the land use categories in which public schools are an allowable
229 use. The failure by a local government to comply with these
230 school siting requirements will result in the prohibition of the
231 local government’s ability to amend the local comprehensive
232 plan, except for plan amendments described in s. 163.3187(1)(b),
233 until the school siting requirements are met. Amendments
234 proposed by a local government for purposes of identifying the
235 land use categories in which public schools are an allowable use
236 are exempt from the limitation on the frequency of plan
237 amendments contained in s. 163.3187. The future land use element
238 shall include criteria that encourage the location of schools
239 proximate to urban residential areas to the extent possible and
240 shall require that the local government seek to collocate public
241 facilities, such as parks, libraries, and community centers,
242 with schools to the extent possible and to encourage the use of
243 elementary schools as focal points for neighborhoods. For
244 schools serving predominantly rural counties, defined as a
245 county with a population of 100,000 or fewer, an agricultural
246 land use category shall be eligible for the location of public
247 school facilities if the local comprehensive plan contains
248 school siting criteria and the location is consistent with such
249 criteria. Local governments required to update or amend their
250 comprehensive plan to include criteria and address compatibility
251 of adjacent or closely proximate lands with existing military
252 installations in their future land use plan element shall
253 transmit the update or amendment to the department by June 30,
254 2006.
255 (c) A general sanitary sewer, solid waste, drainage,
256 potable water, and natural groundwater aquifer recharge element
257 correlated to principles and guidelines for future land use,
258 indicating ways to provide for future potable water, drainage,
259 sanitary sewer, solid waste, and aquifer recharge protection
260 requirements for the area. The element may be a detailed
261 engineering plan including a topographic map depicting areas of
262 prime groundwater recharge. The element shall describe the
263 problems and needs and the general facilities that will be
264 required for solution of the problems and needs. The element
265 shall also include a topographic map depicting any areas adopted
266 by a regional water management district as prime groundwater
267 recharge areas for the Floridan or Biscayne aquifers. These
268 areas shall be given special consideration when the local
269 government is engaged in zoning or considering future land use
270 for said designated areas. For areas served by septic tanks,
271 soil surveys shall be provided which indicate the suitability of
272 soils for septic tanks. Within 18 months after the governing
273 board approves an updated regional water supply plan, the
274 element must incorporate the alternative water supply project or
275 projects selected by the local government from those identified
276 in the regional water supply plan pursuant to s. 373.0361(2)(a)
277 or proposed by the local government under s. 373.0361(7)(b). If
278 a local government is located within two water management
279 districts, the local government shall adopt its comprehensive
280 plan amendment within 18 months after the later updated regional
281 water supply plan. The element must identify such alternative
282 water supply projects and traditional water supply projects and
283 conservation and reuse necessary to meet the water needs
284 identified in s. 373.0361(2)(a) within the local government’s
285 jurisdiction and include a work plan, covering at least a 10
286 year planning period, for building public, private, and regional
287 water supply facilities, including development of alternative
288 water supplies, which are identified in the element as necessary
289 to serve existing and new development. The work plan shall be
290 updated, at a minimum, every 5 years within 18 months after the
291 governing board of a water management district approves an
292 updated regional water supply plan. Amendments to incorporate
293 the work plan do not count toward the limitation on the
294 frequency of adoption of amendments to the comprehensive plan.
295 Local governments, public and private utilities, regional water
296 supply authorities, special districts, and water management
297 districts are encouraged to cooperatively plan for the
298 development of multijurisdictional water supply facilities that
299 are sufficient to meet projected demands for established
300 planning periods, including the development of alternative water
301 sources to supplement traditional sources of groundwater and
302 surface water supplies.
303 (f)1. A housing element consisting of standards, plans, and
304 principles to be followed in:
305 a. The provision of housing for all current and anticipated
306 future residents of the jurisdiction.
307 b. The elimination of substandard dwelling conditions.
308 c. The structural and aesthetic improvement of existing
309 housing.
310 d. The provision of adequate sites for future housing,
311 including affordable workforce housing as defined in s.
312 380.0651(3)(j), housing for low-income, very low-income, and
313 moderate-income families, mobile homes, senior affordable
314 housing, and group home facilities and foster care facilities,
315 with supporting infrastructure and public facilities.
316 e. Provision for relocation housing and identification of
317 historically significant and other housing for purposes of
318 conservation, rehabilitation, or replacement.
319 f. The formulation of housing implementation programs.
320 g. The creation or preservation of affordable housing to
321 minimize the need for additional local services and avoid the
322 concentration of affordable housing units only in specific areas
323 of the jurisdiction.
324 h. Energy efficiency in the design and construction of new
325 housing.
326 i. Use of renewable energy resources.
327 (I)j. Each county in which the gap between the buying power
328 of a family of four and the median county home sale price
329 exceeds $170,000, as determined by the Florida Housing Finance
330 Corporation, and which is not designated as an area of critical
331 state concern shall adopt a plan for ensuring affordable
332 workforce housing. At a minimum, the plan shall identify
333 adequate sites for such housing. For purposes of this sub
334 subparagraph, the term “workforce housing” means housing that is
335 affordable to natural persons or families whose total household
336 income does not exceed 140 percent of the area median income,
337 adjusted for household size.
338 (II)k. As a precondition to receiving any state affordable
339 housing funding or allocation for any project or program within
340 the jurisdiction of a county that is subject to sub-sub
341 subparagraph (I) sub-subparagraph j., a county must, by July 1
342 of each year, provide certification that the county has complied
343 with the requirements of sub-sub-subparagraph (I) sub
344 subparagraph j.
345 h. Energy efficiency in the design and construction of new
346 housing.
347 i. The use of renewable energy resources.
348 2. The goals, objectives, and policies of the housing
349 element must be based on the data and analysis prepared on
350 housing needs, including the affordable housing needs
351 assessment. State and federal housing plans prepared on behalf
352 of the local government must be consistent with the goals,
353 objectives, and policies of the housing element. Local
354 governments are encouraged to use job training, job creation,
355 and economic solutions to address a portion of their affordable
356 housing concerns.
357 3.2. To assist local governments in housing data collection
358 and analysis and assure uniform and consistent information
359 regarding the state’s housing needs, the state land planning
360 agency shall conduct an affordable housing needs assessment for
361 all local jurisdictions on a schedule that coordinates the
362 implementation of the needs assessment with the evaluation and
363 appraisal reports required by s. 163.3191. Each local government
364 shall use utilize the data and analysis from the needs
365 assessment as one basis for the housing element of its local
366 comprehensive plan. The agency shall allow a local government
367 the option to perform its own needs assessment, if it uses the
368 methodology established by the agency by rule.
369 (g)1. For those units of local government identified in s.
370 380.24, a coastal management element, appropriately related to
371 the particular requirements of paragraphs (d) and (e) and
372 meeting the requirements of s. 163.3178(2) and (3). The coastal
373 management element shall set forth the policies that shall guide
374 the local government’s decisions and program implementation with
375 respect to the following objectives:
376 a. Maintenance, restoration, and enhancement of the overall
377 quality of the coastal zone environment, including, but not
378 limited to, its amenities and aesthetic values.
379 b. Continued existence of viable populations of all species
380 of wildlife and marine life.
381 c. The orderly and balanced utilization and preservation,
382 consistent with sound conservation principles, of all living and
383 nonliving coastal zone resources.
384 d. Avoidance of irreversible and irretrievable loss of
385 coastal zone resources.
386 e. Ecological planning principles and assumptions to be
387 used in the determination of suitability and extent of permitted
388 development.
389 f. Proposed management and regulatory techniques.
390 g. Limitation of public expenditures that subsidize
391 development in high-hazard coastal areas.
392 h. Protection of human life against the effects of natural
393 disasters.
394 i. The orderly development, maintenance, and use of ports
395 identified in s. 403.021(9) to facilitate deepwater commercial
396 navigation and other related activities.
397 j. Preservation, including sensitive adaptive use of
398 historic and archaeological resources.
399 2. As part of this element, a local government that has a
400 coastal management element in its comprehensive plan is
401 encouraged to adopt recreational surface water use policies that
402 include applicable criteria for and consider such factors as
403 natural resources, manatee protection needs, protection of
404 working waterfronts and public access to the water, and
405 recreation and economic demands. Criteria for manatee protection
406 in the recreational surface water use policies should reflect
407 applicable guidance outlined in the Boat Facility Siting Guide
408 prepared by the Fish and Wildlife Conservation Commission. If
409 the local government elects to adopt recreational surface water
410 use policies by comprehensive plan amendment, such comprehensive
411 plan amendment is exempt from the provisions of s. 163.3187(1).
412 Local governments that wish to adopt recreational surface water
413 use policies may be eligible for assistance with the development
414 of such policies through the Florida Coastal Management Program.
415 The Office of Program Policy Analysis and Government
416 Accountability shall submit a report on the adoption of
417 recreational surface water use policies under this subparagraph
418 to the President of the Senate, the Speaker of the House of
419 Representatives, and the majority and minority leaders of the
420 Senate and the House of Representatives no later than December
421 1, 2010.
422 (h)1. An intergovernmental coordination element showing
423 relationships and stating principles and guidelines to be used
424 in the accomplishment of coordination of the adopted
425 comprehensive plan with the plans of school boards, regional
426 water supply authorities, and other units of local government
427 providing services but not having regulatory authority over the
428 use of land, with the comprehensive plans of adjacent
429 municipalities, the county, adjacent counties, or the region,
430 with the state comprehensive plan and with the applicable
431 regional water supply plan approved pursuant to s. 373.0361, as
432 the case may require and as such adopted plans or plans in
433 preparation may exist. This element of the local comprehensive
434 plan shall demonstrate consideration of the particular effects
435 of the local plan, when adopted, upon the development of
436 adjacent municipalities, the county, adjacent counties, or the
437 region, or upon the state comprehensive plan, as the case may
438 require.
439 a. The intergovernmental coordination element shall provide
440 for procedures to identify and implement joint planning areas,
441 especially for the purpose of annexation, municipal
442 incorporation, and joint infrastructure service areas.
443 b. The intergovernmental coordination element shall provide
444 for recognition of campus master plans prepared pursuant to s.
445 1013.30.
446 c. The intergovernmental coordination element may provide
447 for a voluntary dispute resolution process as established
448 pursuant to s. 186.509 for bringing to closure in a timely
449 manner intergovernmental disputes. A local government may
450 develop and use an alternative local dispute resolution process
451 for this purpose.
452 2. The intergovernmental coordination element shall further
453 state principles and guidelines to be used in the accomplishment
454 of coordination of the adopted comprehensive plan with the plans
455 of school boards and other units of local government providing
456 facilities and services but not having regulatory authority over
457 the use of land. In addition, the intergovernmental coordination
458 element shall describe joint processes for collaborative
459 planning and decisionmaking on population projections and public
460 school siting, the location and extension of public facilities
461 subject to concurrency, and siting facilities with countywide
462 significance, including locally unwanted land uses whose nature
463 and identity are established in an agreement. Within 1 year of
464 adopting their intergovernmental coordination elements, each
465 county, all the municipalities within that county, the district
466 school board, and any unit of local government service providers
467 in that county shall establish by interlocal or other formal
468 agreement executed by all affected entities, the joint processes
469 described in this subparagraph consistent with their adopted
470 intergovernmental coordination elements.
471 3. To foster coordination between special districts and
472 local general-purpose governments as local general-purpose
473 governments implement local comprehensive plans, each
474 independent special district must submit a public facilities
475 report to the appropriate local government as required by s.
476 189.415.
477 4.a. Local governments must execute an interlocal agreement
478 with the district school board, the county, and nonexempt
479 municipalities pursuant to s. 163.31777. The local government
480 shall amend the intergovernmental coordination element to
481 provide that coordination between the local government and
482 school board is pursuant to the agreement and shall state the
483 obligations of the local government under the agreement.
484 b. Plan amendments that comply with this subparagraph are
485 exempt from the provisions of s. 163.3187(1).
486 5. The state land planning agency shall establish a
487 schedule for phased completion and transmittal of plan
488 amendments to implement subparagraphs 1., 2., and 3. from all
489 jurisdictions so as to accomplish their adoption by December 31,
490 1999. A local government may complete and transmit its plan
491 amendments to carry out these provisions prior to the scheduled
492 date established by the state land planning agency. The plan
493 amendments are exempt from the provisions of s. 163.3187(1).
494 6. By January 1, 2004, any county having a population
495 greater than 100,000, and the municipalities and special
496 districts within that county, shall submit a report to the
497 Department of Community Affairs which:
498 a. Identifies all existing or proposed interlocal service
499 delivery agreements regarding the following: education; sanitary
500 sewer; public safety; solid waste; drainage; potable water;
501 parks and recreation; and transportation facilities.
502 b. Identifies any deficits or duplication in the provision
503 of services within its jurisdiction, whether capital or
504 operational. Upon request, the Department of Community Affairs
505 shall provide technical assistance to the local governments in
506 identifying deficits or duplication.
507 7. Within 6 months after submission of the report, the
508 Department of Community Affairs shall, through the appropriate
509 regional planning council, coordinate a meeting of all local
510 governments within the regional planning area to discuss the
511 reports and potential strategies to remedy any identified
512 deficiencies or duplications.
513 8. Each local government shall update its intergovernmental
514 coordination element based upon the findings in the report
515 submitted pursuant to subparagraph 6. The report may be used as
516 supporting data and analysis for the intergovernmental
517 coordination element.
518 (10) The Legislature recognizes the importance and
519 significance of chapter 9J-5, Florida Administrative Code, the
520 Minimum Criteria for Review of Local Government Comprehensive
521 Plans and Determination of Compliance of the Department of
522 Community Affairs that will be used to determine compliance of
523 local comprehensive plans. The Legislature reserved unto itself
524 the right to review chapter 9J-5, Florida Administrative Code,
525 and to reject, modify, or take no action relative to this rule.
526 Therefore, pursuant to subsection (9), the Legislature hereby
527 has reviewed chapter 9J-5, Florida Administrative Code, and
528 expresses the following legislative intent:
529 (i) The Legislature recognizes that due to varying local
530 conditions, local governments have different planning needs that
531 cannot be addressed by applying a uniform set of minimum
532 planning criteria. Therefore, the state land planning agency may
533 amend chapter 9J-5, Florida Administrative Code, to establish
534 different minimum criteria that are applicable to local
535 governments based on the following factors:
536 1. Current and projected population.
537 2. Size of the local jurisdiction.
538 3. Amount and nature of undeveloped land.
539 4. The scale of public services provided by the local
540 government.
541
542 The state land planning agency department shall take into
543 account the factors delineated in rule 9J-5.002(2), Florida
544 Administrative Code, as it provides assistance to local
545 governments and applies the rule in specific situations with
546 regard to the detail of the data and analysis required.
547 (15)(a) The Legislature recognizes and finds that:
548 1. There are a number of rural agricultural industrial
549 centers in the state which process, produce, or aid in the
550 production or distribution of a variety of agriculturally based
551 products, such as fruits, vegetables, timber, and other crops,
552 as well as juices, paper, and building materials. These rural
553 agricultural industrial centers may have a significant amount of
554 existing associated infrastructure that is used for the
555 processing, production, or distribution of agricultural
556 products.
557 2. Such rural agricultural industrial centers are often
558 located within or near communities in which the economy is
559 largely dependent upon agriculture and agriculturally based
560 products. These centers significantly enhance the economy of
561 such communities. However, these agriculturally based
562 communities are often socioeconomically challenged and many such
563 communities have been designated as rural areas of critical
564 economic concern. If these existing rural agricultural
565 industrial centers are lost and not replaced with other job
566 creating enterprises, these agriculturally based communities
567 will lose a substantial amount of their economies.
568 3. The state has a compelling interest in preserving the
569 viability of agriculture and protecting rural agricultural
570 communities and the state from the economic upheaval that could
571 result from short-term or long-term adverse changes in the
572 agricultural economy. To protect such communities and promote
573 viable agriculture for the long term, it is essential to
574 encourage and permit diversification of existing rural
575 agricultural industrial centers by providing for jobs that are
576 not solely dependent upon, but are compatible with and
577 complement, existing agricultural industrial operations and to
578 encourage the creation and expansion of industries that use
579 agricultural products in innovative or new ways. However, the
580 expansion and diversification of these existing centers must be
581 accomplished in a manner that does not promote urban sprawl into
582 surrounding agricultural and rural areas.
583 (b) As used in this subsection, the term “rural
584 agricultural industrial center” means a developed parcel of land
585 in an unincorporated area on which there exists an operating
586 agricultural industrial facility or facilities that employ at
587 least 200 full-time employees in the aggregate and that are used
588 for processing and preparing for transport a farm product, as
589 defined in s. 163.3162, or any biomass material that could be
590 used, directly or indirectly, for the production of fuel,
591 renewable energy, bioenergy, or alternative fuel as defined by
592 state law. The center may also include land that is contiguous
593 to the facility site and that is not used for the cultivation of
594 crops, but on which other existing activities essential to the
595 operation of such facility or facilities are located or
596 conducted. The parcel of land must be located within or in
597 reasonable proximity, not to exceed 10 miles, to a rural area of
598 critical economic concern.
599 (c) A landowner within a rural agricultural industrial
600 center may apply for an amendment to the local government
601 comprehensive plan for the purpose of designating and expanding
602 the existing agricultural industrial uses or facilities located
603 in the center or expanding the existing center to include
604 industrial uses or facilities that are not dependent upon but
605 are compatible with agriculture and the existing uses and
606 facilities. An application for a comprehensive plan amendment
607 under this paragraph:
608 1. May not increase the physical area of the existing rural
609 agricultural industrial center by more than 50 percent or 320
610 acres, whichever is greater;
611 2. Must propose a project that would create, upon
612 completion, at least 50 new full-time jobs;
613 3. Must demonstrate that infrastructure capacity exists or
614 will be provided to support the expanded center at level-of
615 service standards adopted in the local government comprehensive
616 plan; and
617 4. Must contain goals, objectives, and policies that will
618 ensure that any adverse environmental impacts of the expanded
619 center will be adequately addressed and mitigated, or
620 demonstrate that the local government comprehensive plan
621 contains such provisions.
622
623 Within 6 months after receipt of an application under this
624 subsection, the local government must amend the applicable
625 sections of its comprehensive plan to include goals, objectives,
626 and policies to provide for the expansion of rural agricultural
627 industrial centers and to discourage urban sprawl in the
628 surrounding areas. Such goals, objectives, and policies must
629 promote and be consistent with the findings in this subsection.
630 An amendment that meets the requirements in this subsection is
631 presumed to be consistent with rule 9J-5.006(5), Florida
632 Administrative Code. This presumption may be rebutted by a
633 preponderance of the evidence.
634 (d) This subsection does not apply to an optional sector
635 plan adopted pursuant to s. 163.3245 or to a rural land
636 stewardship area designated pursuant to subsection (11).
637 Section 3. Paragraph (c) of subsection (2) and subsections
638 (12), (13), and (15) of section 163.3180, Florida Statutes, are
639 amended, and subsection (18) is added to that section, to read:
640 163.3180 Concurrency.—
641 (2)
642 (c) Consistent with the public welfare, and except as
643 otherwise provided in this section, transportation facilities
644 needed to serve new development shall be in place or under
645 actual construction within 3 years after the local government
646 approves a building permit or its functional equivalent that
647 results in traffic generation. In evaluating whether such
648 transportation facilities will be in place or under actual
649 construction, the following shall be considered a committed
650 facility:
651 1. A project that is included in the first 3 years of a
652 local government’s adopted capital improvements plan;
653 2. A project that is included in the Department of
654 Transportation’s adopted work program; or
655 3. A high-performance transit system that serves multiple
656 municipalities, connects to an existing rail system, and is
657 included in a county’s or the Department of Transportation’s
658 long-range transportation plan.
659 (12) A development of regional impact satisfies may satisfy
660 the transportation concurrency requirements of the local
661 comprehensive plan, the local government’s concurrency
662 management system, and s. 380.06 by paying payment of a
663 proportionate-share contribution for local and regionally
664 significant traffic impacts, if:
665 (a) The development of regional impact which, based on its
666 location or mix of land uses, is designed to encourage
667 pedestrian or other nonautomotive modes of transportation;
668 (b) The proportionate-share contribution for local and
669 regionally significant traffic impacts is sufficient to pay for
670 one or more required mobility improvements that will benefit the
671 network of a regionally significant transportation facilities
672 facility;
673 (c) The owner and developer of the development of regional
674 impact pays or assures payment of the proportionate-share
675 contribution to the local government having jurisdiction over
676 the development of regional impact; and
677 (d) If the regionally significant transportation facility
678 to be constructed or improved is under the maintenance authority
679 of a governmental entity, as defined by s. 334.03(12), other
680 than the local government with jurisdiction over the development
681 of regional impact, the local government having jurisdiction
682 over the development of regional impact must developer is
683 required to enter into a binding and legally enforceable
684 commitment to transfer funds to the governmental entity having
685 maintenance authority or to otherwise assure construction or
686 improvement of a the facility reasonably related to the mobility
687 demands created by the development.
688
689 The proportionate-share contribution may be applied to any
690 transportation facility to satisfy the provisions of this
691 subsection and the local comprehensive plan, but, for the
692 purposes of this subsection, the amount of the proportionate
693 share contribution shall be calculated based upon the cumulative
694 number of trips from the proposed development expected to reach
695 roadways during the peak hour from the complete buildout of a
696 stage or phase being approved, divided by the change in the peak
697 hour maximum service volume of roadways resulting from
698 construction of an improvement necessary to maintain the adopted
699 level of service, multiplied by the construction cost, at the
700 time of developer payment, of the improvement necessary to
701 maintain the adopted level of service. For purposes of this
702 subsection, “construction cost” includes all associated costs of
703 the improvement. The cost of any improvements made to a
704 regionally significant transportation facility that is
705 constructed by the owner or developer of the development of
706 regional impact, including the costs associated with
707 accommodating a transit facility within the development of
708 regional impact which is in a county’s or the Department of
709 Transportation’s long-range transportation plan, shall be
710 credited against a development of regional impact’s
711 proportionate-share contribution. Proportionate-share mitigation
712 shall be limited to ensure that a development of regional impact
713 meeting the requirements of this subsection mitigates its impact
714 on the transportation system but is not responsible for the
715 additional cost of reducing or eliminating backlogs. This
716 subsection also applies to Florida Quality Developments pursuant
717 to s. 380.061 and to detailed specific area plans implementing
718 optional sector plans pursuant to s. 163.3245.
719 (13) School concurrency shall be established on a
720 districtwide basis and shall include all public schools in the
721 district and all portions of the district, whether located in a
722 municipality or an unincorporated area unless exempt from the
723 public school facilities element pursuant to s. 163.3177(12).
724 The application of school concurrency to development shall be
725 based upon the adopted comprehensive plan, as amended. All local
726 governments within a county, except as provided in paragraph
727 (f), shall adopt and transmit to the state land planning agency
728 the necessary plan amendments, along with the interlocal
729 agreement, for a compliance review pursuant to s. 163.3184(7)
730 and (8). The minimum requirements for school concurrency are the
731 following:
732 (a) Public school facilities element.—A local government
733 shall adopt and transmit to the state land planning agency a
734 plan or plan amendment which includes a public school facilities
735 element which is consistent with the requirements of s.
736 163.3177(12) and which is determined to be in compliance as
737 defined in s. 163.3184(1)(b). All local government public school
738 facilities plan elements within a county must be consistent with
739 each other as well as the requirements of this part.
740 (b) Level-of-service standards.—The Legislature recognizes
741 that an essential requirement for a concurrency management
742 system is the level of service at which a public facility is
743 expected to operate.
744 1. Local governments and school boards imposing school
745 concurrency shall exercise authority in conjunction with each
746 other to establish jointly adequate level-of-service standards,
747 as defined in chapter 9J-5, Florida Administrative Code,
748 necessary to implement the adopted local government
749 comprehensive plan, based on data and analysis.
750 2. Public school level-of-service standards shall be
751 included and adopted into the capital improvements element of
752 the local comprehensive plan and shall apply districtwide to all
753 schools of the same type. Types of schools may include
754 elementary, middle, and high schools as well as special purpose
755 facilities such as magnet schools.
756 3. Local governments and school boards may use shall have
757 the option to utilize tiered level-of-service standards to allow
758 time to achieve an adequate and desirable level of service as
759 circumstances warrant.
760 4. For purposes of determining whether the level-of-service
761 standards have been met, a school district that includes
762 relocatables in its inventory of student stations shall include
763 the capacity of such relocatables as provided in s.
764 1013.35(2)(b)2.f.
765 (c) Service areas.—The Legislature recognizes that an
766 essential requirement for a concurrency system is a designation
767 of the area within which the level of service will be measured
768 when an application for a residential development permit is
769 reviewed for school concurrency purposes. This delineation is
770 also important for purposes of determining whether the local
771 government has a financially feasible public school capital
772 facilities program for that will provide schools which will
773 achieve and maintain the adopted level-of-service standards.
774 1. In order to balance competing interests, preserve the
775 constitutional concept of uniformity, and avoid disruption of
776 existing educational and growth management processes, local
777 governments are encouraged to initially apply school concurrency
778 to development only on a districtwide basis so that a
779 concurrency determination for a specific development is will be
780 based upon the availability of school capacity districtwide. To
781 ensure that development is coordinated with schools having
782 available capacity, within 5 years after adoption of school
783 concurrency, local governments shall apply school concurrency on
784 a less than districtwide basis, such as using school attendance
785 zones or concurrency service areas, as provided in subparagraph
786 2.
787 2. For local governments applying school concurrency on a
788 less than districtwide basis, such as utilizing school
789 attendance zones or larger school concurrency service areas,
790 local governments and school boards shall have the burden of
791 demonstrating to demonstrate that the use utilization of school
792 capacity is maximized to the greatest extent possible in the
793 comprehensive plan and amendment, taking into account
794 transportation costs and court-approved desegregation plans, as
795 well as other factors. In addition, in order to achieve
796 concurrency within the service area boundaries selected by local
797 governments and school boards, the service area boundaries,
798 together with the standards for establishing those boundaries,
799 shall be identified and included as supporting data and analysis
800 for the comprehensive plan.
801 3. Where school capacity is available on a districtwide
802 basis but school concurrency is applied on a less than
803 districtwide basis in the form of concurrency service areas, if
804 the adopted level-of-service standard cannot be met in a
805 particular service area as applied to an application for a
806 development permit and if the needed capacity for the particular
807 service area is available in one or more contiguous service
808 areas, as adopted by the local government, then the local
809 government may not deny an application for site plan or final
810 subdivision approval or the functional equivalent for a
811 development or phase of a development on the basis of school
812 concurrency, and if issued, development impacts shall be shifted
813 to contiguous service areas with schools having available
814 capacity.
815 (d) Financial feasibility.—The Legislature recognizes that
816 financial feasibility is an important issue because the premise
817 of concurrency is that the public facilities will be provided in
818 order to achieve and maintain the adopted level-of-service
819 standard. This part and chapter 9J-5, Florida Administrative
820 Code, contain specific standards for determining to determine
821 the financial feasibility of capital programs. These standards
822 were adopted to make concurrency more predictable and local
823 governments more accountable.
824 1. A comprehensive plan amendment seeking to impose school
825 concurrency must shall contain appropriate amendments to the
826 capital improvements element of the comprehensive plan,
827 consistent with the requirements of s. 163.3177(3) and rule 9J
828 5.016, Florida Administrative Code. The capital improvements
829 element must shall set forth a financially feasible public
830 school capital facilities program, established in conjunction
831 with the school board, that demonstrates that the adopted level
832 of-service standards will be achieved and maintained.
833 2. Such amendments to the capital improvements element must
834 shall demonstrate that the public school capital facilities
835 program meets all of the financial feasibility standards of this
836 part and chapter 9J-5, Florida Administrative Code, that apply
837 to capital programs which provide the basis for mandatory
838 concurrency on other public facilities and services.
839 3. If When the financial feasibility of a public school
840 capital facilities program is evaluated by the state land
841 planning agency for purposes of a compliance determination, the
842 evaluation must shall be based upon the service areas selected
843 by the local governments and school board.
844 (e) Availability standard.—Consistent with the public
845 welfare, and except as otherwise provided in this subsection,
846 public school facilities that are needed to serve new
847 residential development shall be in place or under actual
848 construction within 3 years after the issuance of final
849 subdivision or site plan approval, or the functional equivalent.
850 A local government may not deny an application for site plan,
851 final subdivision approval, or the functional equivalent for a
852 development or phase of a development authorizing residential
853 development for failure to achieve and maintain the level-of
854 service standard for public school capacity in a local school
855 concurrency management system where adequate school facilities
856 will be in place or under actual construction within 3 years
857 after the issuance of final subdivision or site plan approval,
858 or the functional equivalent. Any mitigation that is required of
859 a developer must be limited to ensure that a development
860 mitigates its own impact on public school facilities; however,
861 such developer is not responsible for the additional cost of
862 reducing or eliminating backlogs or addressing class size
863 reduction. School concurrency is satisfied if the developer
864 executes a legally binding commitment to provide mitigation
865 proportionate to the demand for public school facilities to be
866 created by actual development of the property, including, but
867 not limited to, the options described in subparagraph 1. Options
868 for proportionate-share mitigation of impacts on public school
869 facilities must be established in the public school facilities
870 element and the interlocal agreement pursuant to s. 163.31777.
871 1. Appropriate mitigation options include the contribution
872 of land; the construction, expansion, or payment for land
873 acquisition or construction of a public school facility; the
874 construction of a charter school that complies with the life
875 safety requirements in s. 1002.33(18)(f); or the creation of
876 mitigation banking based on the construction of a public school
877 facility in exchange for the right to sell capacity credits.
878 Such options must include execution by the applicant and the
879 local government of a development agreement that constitutes a
880 legally binding commitment to pay proportionate-share mitigation
881 for the additional residential units approved by the local
882 government in a development order and actually developed on the
883 property, taking into account residential density allowed on the
884 property prior to the plan amendment that increased the overall
885 residential density. The district school board must be a party
886 to such an agreement. As a condition of its entry into such a
887 development agreement, the local government may require the
888 landowner to agree to continuing renewal of the agreement upon
889 its expiration.
890 2. If the education facilities plan and the public
891 educational facilities element authorize a contribution of land;
892 the construction, expansion, or payment for land acquisition; or
893 the construction or expansion of a public school facility, or a
894 portion thereof; or the construction of a charter school that
895 complies with the life safety requirements in s. 1002.33(18)(f),
896 as proportionate-share mitigation, the local government shall
897 credit such a contribution, construction, expansion, or payment
898 toward any other impact fee or exaction imposed by local
899 ordinance for the same need, on a dollar-for-dollar basis at
900 fair market value. For proportionate-share calculations, the
901 percentage of relocatables, as provided in s. 1013.35(2)(b)2.f.,
902 which are used by a school district shall be considered in
903 determining the average cost of a student station.
904 3. Any proportionate-share mitigation must be directed by
905 the school board toward a school capacity improvement identified
906 in a financially feasible 5-year district work plan that
907 satisfies the demands created by the development in accordance
908 with a binding developer’s agreement.
909 4. If a development is precluded from commencing because
910 there is inadequate classroom capacity to mitigate the impacts
911 of the development, the development may nevertheless commence if
912 there are accelerated facilities in an approved capital
913 improvement element scheduled for construction in year four or
914 later of such plan which, when built, will mitigate the proposed
915 development, or if such accelerated facilities will be in the
916 next annual update of the capital facilities element, the
917 developer enters into a binding, financially guaranteed
918 agreement with the school district to construct an accelerated
919 facility within the first 3 years of an approved capital
920 improvement plan, and the cost of the school facility is equal
921 to or greater than the development’s proportionate share. When
922 the completed school facility is conveyed to the school
923 district, the developer shall receive impact fee credits usable
924 within the zone where the facility is constructed or any
925 attendance zone contiguous with or adjacent to the zone where
926 the facility is constructed.
927 5. This paragraph does not limit the authority of a local
928 government to deny a development permit or its functional
929 equivalent pursuant to its home rule regulatory powers, except
930 as provided in this part.
931 (f) Intergovernmental coordination.—
932 1. When establishing concurrency requirements for public
933 schools, a local government shall satisfy the requirements for
934 intergovernmental coordination set forth in s. 163.3177(6)(h)1.
935 and 2., except that a municipality is not required to be a
936 signatory to the interlocal agreement required by ss.
937 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
938 imposition of school concurrency, and as a nonsignatory, shall
939 not participate in the adopted local school concurrency system,
940 if the municipality meets all of the following criteria for
941 having no significant impact on school attendance:
942 a. The municipality has issued development orders for fewer
943 than 50 residential dwelling units during the preceding 5 years,
944 or the municipality has generated fewer than 25 additional
945 public school students during the preceding 5 years.
946 b. The municipality has not annexed new land during the
947 preceding 5 years in land use categories which permit
948 residential uses that will affect school attendance rates.
949 c. The municipality has no public schools located within
950 its boundaries.
951 d. At least 80 percent of the developable land within the
952 boundaries of the municipality has been built upon.
953 2. A municipality which qualifies as having no significant
954 impact on school attendance pursuant to the criteria of
955 subparagraph 1. must review and determine at the time of its
956 evaluation and appraisal report pursuant to s. 163.3191 whether
957 it continues to meet the criteria pursuant to s. 163.31777(6).
958 If the municipality determines that it no longer meets the
959 criteria, it must adopt appropriate school concurrency goals,
960 objectives, and policies in its plan amendments based on the
961 evaluation and appraisal report, and enter into the existing
962 interlocal agreement required by ss. 163.3177(6)(h)2. and
963 163.31777, in order to fully participate in the school
964 concurrency system. If such a municipality fails to do so, it
965 will be subject to the enforcement provisions of s. 163.3191.
966 (g) Interlocal agreement for school concurrency.—When
967 establishing concurrency requirements for public schools, a
968 local government must enter into an interlocal agreement that
969 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
970 163.31777 and the requirements of this subsection. The
971 interlocal agreement shall acknowledge both the school board’s
972 constitutional and statutory obligations to provide a uniform
973 system of free public schools on a countywide basis, and the
974 land use authority of local governments, including their
975 authority to approve or deny comprehensive plan amendments and
976 development orders. The interlocal agreement shall be submitted
977 to the state land planning agency by the local government as a
978 part of the compliance review, along with the other necessary
979 amendments to the comprehensive plan required by this part. In
980 addition to the requirements of ss. 163.3177(6)(h) and
981 163.31777, the interlocal agreement shall meet the following
982 requirements:
983 1. Establish the mechanisms for coordinating the
984 development, adoption, and amendment of each local government’s
985 public school facilities element with each other and the plans
986 of the school board to ensure a uniform districtwide school
987 concurrency system.
988 2. Establish a process for the development of siting
989 criteria which encourages the location of public schools
990 proximate to urban residential areas to the extent possible and
991 seeks to collocate schools with other public facilities such as
992 parks, libraries, and community centers to the extent possible.
993 3. Specify uniform, districtwide level-of-service standards
994 for public schools of the same type and the process for
995 modifying the adopted level-of-service standards.
996 4. Establish a process for the preparation, amendment, and
997 joint approval by each local government and the school board of
998 a public school capital facilities program which is financially
999 feasible, and a process and schedule for incorporation of the
1000 public school capital facilities program into the local
1001 government comprehensive plans on an annual basis.
1002 5. Define the geographic application of school concurrency.
1003 If school concurrency is to be applied on a less than
1004 districtwide basis in the form of concurrency service areas, the
1005 agreement shall establish criteria and standards for the
1006 establishment and modification of school concurrency service
1007 areas. The agreement shall also establish a process and schedule
1008 for the mandatory incorporation of the school concurrency
1009 service areas and the criteria and standards for establishment
1010 of the service areas into the local government comprehensive
1011 plans. The agreement shall ensure maximum utilization of school
1012 capacity, taking into account transportation costs and court
1013 approved desegregation plans, as well as other factors. The
1014 agreement shall also ensure the achievement and maintenance of
1015 the adopted level-of-service standards for the geographic area
1016 of application throughout the 5 years covered by the public
1017 school capital facilities plan and thereafter by adding a new
1018 fifth year during the annual update.
1019 6. Establish a uniform districtwide procedure for
1020 implementing school concurrency which provides for:
1021 a. The evaluation of development applications for
1022 compliance with school concurrency requirements, including
1023 information provided by the school board on affected schools,
1024 impact on levels of service, and programmed improvements for
1025 affected schools and any options to provide sufficient capacity;
1026 b. An opportunity for the school board to review and
1027 comment on the effect of comprehensive plan amendments and
1028 rezonings on the public school facilities plan; and
1029 c. The monitoring and evaluation of the school concurrency
1030 system.
1031 7. Include provisions relating to amendment of the
1032 agreement.
1033 8. A process and uniform methodology for determining
1034 proportionate-share mitigation pursuant to subparagraph (e)1.
1035 (h) Local government authority.—This subsection does not
1036 limit the authority of a local government to grant or deny a
1037 development permit or its functional equivalent prior to the
1038 implementation of school concurrency.
1039 (15)(a) Multimodal transportation districts may be
1040 established under a local government comprehensive plan in areas
1041 delineated on the future land use map for which the local
1042 comprehensive plan assigns secondary priority to vehicle
1043 mobility and primary priority to assuring a safe, comfortable,
1044 and attractive pedestrian environment, with convenient
1045 interconnection to transit. Such districts must incorporate
1046 community design features that will reduce the number of
1047 automobile trips or vehicle miles of travel and will support an
1048 integrated, multimodal transportation system. Prior to the
1049 designation of multimodal transportation districts, the
1050 Department of Transportation shall be consulted by the local
1051 government to assess the impact that the proposed multimodal
1052 district area is expected to have on the adopted level-of
1053 service standards established for Strategic Intermodal System
1054 facilities, as defined in s. 339.64, and roadway facilities
1055 funded in accordance with s. 339.2819. Further, the local
1056 government shall, in cooperation with the Department of
1057 Transportation, develop a plan to mitigate any impacts to the
1058 Strategic Intermodal System, including the development of a
1059 long-term concurrency management system pursuant to subsection
1060 (9) and s. 163.3177(3)(d). Multimodal transportation districts
1061 existing prior to July 1, 2005, shall meet, at a minimum, the
1062 provisions of this section by July 1, 2006, or at the time of
1063 the comprehensive plan update pursuant to the evaluation and
1064 appraisal report, whichever occurs last.
1065 (b) Community design elements of such a district include: a
1066 complementary mix and range of land uses, including educational,
1067 recreational, and cultural uses; interconnected networks of
1068 streets designed to encourage walking and bicycling, with
1069 traffic-calming where desirable; appropriate densities and
1070 intensities of use within walking distance of transit stops;
1071 daily activities within walking distance of residences, allowing
1072 independence to persons who do not drive; public uses, streets,
1073 and squares that are safe, comfortable, and attractive for the
1074 pedestrian, with adjoining buildings open to the street and with
1075 parking not interfering with pedestrian, transit, automobile,
1076 and truck travel modes.
1077 (c) Local governments may establish multimodal level-of
1078 service standards that rely primarily on nonvehicular modes of
1079 transportation within the district, when justified by an
1080 analysis demonstrating that the existing and planned community
1081 design will provide an adequate level of mobility within the
1082 district based upon professionally accepted multimodal level-of
1083 service methodologies. The analysis must also demonstrate that
1084 the capital improvements required to promote community design
1085 are financially feasible over the development or redevelopment
1086 timeframe for the district and that community design features
1087 within the district provide convenient interconnection for a
1088 multimodal transportation system. Local governments may issue
1089 development permits in reliance upon all planned community
1090 design capital improvements that are financially feasible over
1091 the development or redevelopment timeframe for the district,
1092 without regard to the period of time between development or
1093 redevelopment and the scheduled construction of the capital
1094 improvements. A determination of financial feasibility shall be
1095 based upon currently available funding or funding sources that
1096 could reasonably be expected to become available over the
1097 planning period.
1098 (d) Local governments may reduce impact fees or local
1099 access fees for development within multimodal transportation
1100 districts based on the reduction of vehicle trips per household
1101 or vehicle miles of travel expected from the development pattern
1102 planned for the district.
1103 (e) By December 1, 2007, The Department of Transportation,
1104 in consultation with the state land planning agency and
1105 interested local governments, may designate a study area for
1106 conducting a pilot project to determine the benefits of and
1107 barriers to establishing a regional multimodal transportation
1108 concurrency district that extends over more than one local
1109 government jurisdiction. If designated:
1110 1. The study area must be in a county that has a population
1111 of at least 1,000 persons per square mile, be within an urban
1112 service area, and have the consent of the local governments
1113 within the study area. The Department of Transportation and the
1114 state land planning agency shall provide technical assistance.
1115 2. The local governments within the study area and the
1116 Department of Transportation, in consultation with the state
1117 land planning agency, shall cooperatively create a multimodal
1118 transportation plan that meets the requirements of this section.
1119 The multimodal transportation plan must include viable local
1120 funding options and incorporate community design features,
1121 including a range of mixed land uses and densities and
1122 intensities, which will reduce the number of automobile trips or
1123 vehicle miles of travel while supporting an integrated,
1124 multimodal transportation system.
1125 3. To effectuate the multimodal transportation concurrency
1126 district, participating local governments may adopt appropriate
1127 comprehensive plan amendments.
1128 4. The Department of Transportation, in consultation with
1129 the state land planning agency, shall submit a report by March
1130 1, 2009, to the Governor, the President of the Senate, and the
1131 Speaker of the House of Representatives on the status of the
1132 pilot project. The report must identify any factors that support
1133 or limit the creation and success of a regional multimodal
1134 transportation district including intergovernmental
1135 coordination.
1136 (f) The state land planning agency may designate up to five
1137 local governments for participation in the Urban Placemaking
1138 Initiative Pilot Project Program. The purpose of the pilot
1139 project program is to assist local communities in redeveloping
1140 primarily single-use suburban areas that surround strategic
1141 corridors and crossroads and to create livable and sustainable
1142 communities that have a sense of place. The Legislature
1143 recognizes that the form of existing development patterns and
1144 strict application of transportation concurrency requirements
1145 create obstacles to such redevelopment. Therefore, the
1146 Legislature finds that the pilot project program will further
1147 the ability of the communities to cultivate mixed-use and form
1148 based communities that integrate all modes of transportation.
1149 The pilot project program shall provide an alternative
1150 regulatory framework that allows for the creation of a
1151 multimodal concurrency district that over the planning time
1152 period allows pilot project communities to incrementally realize
1153 the goals of the redevelopment area by guiding redevelopment of
1154 parcels and cultivating multimodal development in targeted
1155 transitional suburban areas. The Department of Transportation
1156 shall provide technical support to the state land planning
1157 agency and the department. The state land planning agency shall
1158 provide technical assistance to the local governments in their
1159 implementation of the pilot project program.
1160 1. The pilot project communities must have a county
1161 population of at least 350,000, be able to demonstrate an
1162 ability to administer the pilot project, and have appropriate
1163 potential redevelopment areas suitable for the pilot project.
1164 2. Each pilot project community shall designate the
1165 criteria for the designation of urban placemaking redevelopment
1166 areas in the future land use element of its local comprehensive
1167 plans. Such redevelopment areas must be located within an
1168 adopted urban service boundary or its functional equivalent.
1169 Each pilot project community shall also adopt local
1170 comprehensive plan amendments establishing criteria for the
1171 development of the urban placemaking areas which include land
1172 use and transportation strategies, such as the community design
1173 elements provided in paragraph (c).
1174 3. A pilot project community shall provide a process in
1175 which the public may participate in the implementation of the
1176 project. Such participation must provide an opportunity to
1177 coordinate the community’s vision, public interest, and the
1178 development goals for developments located within the urban
1179 placemaking redevelopment areas.
1180 4. Each pilot project community may assign transportation
1181 concurrency or trip-generation credits and impact fee exemptions
1182 or reductions and establish concurrency exceptions for
1183 developments that meet the adopted local comprehensive plan
1184 criteria for urban placemaking redevelopment areas. Paragraph
1185 (c) applies to designated urban placemaking redevelopment areas.
1186 5. The state land planning agency shall submit a report by
1187 March 1, 2011, to the Governor, the President of the Senate, and
1188 the Speaker of the House of Representatives on the status of
1189 each approved pilot project community. The report must identify
1190 factors that indicate whether the pilot project program has
1191 demonstrated any success in urban placemaking and redevelopment
1192 initiatives and whether the pilot project should be expanded for
1193 use by other local governments.
1194 (18) The costs of mitigation for concurrency impacts shall
1195 be distributed to all affected jurisdictions by the local
1196 government having jurisdiction over project or development
1197 approval. Distribution shall be proportionate to the percentage
1198 of the total concurrency mitigation costs incurred by an
1199 affected jurisdiction.
1200 Section 4. Subsections (3) and (4), paragraphs (a) and (d)
1201 of subsection (6), paragraph (a) of subsection (7), paragraphs
1202 (b) and (c) of subsection (15), and subsection (17) of section
1203 163.3184, Florida Statutes, are amended to read:
1204 163.3184 Process for adoption of comprehensive plan or plan
1205 amendment.—
1206 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
1207 AMENDMENT.—
1208 (a) Before filing an application for a future land use map
1209 amendment that applies to 50 acres or more, the applicant must
1210 conduct a neighborhood meeting to present, discuss, and solicit
1211 public comment on the proposed amendment. Such meeting shall be
1212 conducted at least 30 days but no more than 60 days before the
1213 application for the amendment is filed with the local
1214 government. At a minimum, the meeting shall be noticed and
1215 conducted in accordance with each of the following requirements:
1216 1. Notice of the meeting shall be:
1217 a. Mailed at least 10 days but no more than 14 days before
1218 the date of the meeting to all property owners owning property
1219 within 500 feet of the property subject to the proposed
1220 amendment, according to information maintained by the county tax
1221 assessor. Such information shall conclusively establish the
1222 required recipients;
1223 b. Published in accordance with ss. 125.66(4)(b)2. and
1224 166.041(3)(c)2.b.;
1225 c. Posted on the jurisdiction’s website, if available; and
1226 d. Mailed to all persons on the list of homeowners’ or
1227 condominium associations maintained by the jurisdiction, if any.
1228 2. The meeting shall be conducted at an accessible and
1229 convenient location.
1230 3. A sign-in list of all attendees at each meeting must be
1231 maintained.
1232
1233 An application for a future land use map amendment that is
1234 subject to this paragraph shall include a written certification
1235 or verification that the first meeting has been noticed and
1236 conducted in accordance with this section.
1237 (b) At least 15 days but no more than 45 days before the
1238 local governing body’s scheduled adoption hearing, the applicant
1239 for a future land use map amendment that applies to 50 acres or
1240 more shall conduct a second noticed community or neighborhood
1241 meeting for the purpose of presenting and discussing the map
1242 amendment application, including any changes made to the
1243 proposed amendment following the first community or neighborhood
1244 meeting. Notice by United States mail at least 10 days but no
1245 more than 14 days before the meeting is required only for
1246 persons who signed in at the preapplication meeting and persons
1247 whose names are on the sign-in sheet from the transmittal
1248 hearing conducted pursuant to paragraph (15)(c). Otherwise,
1249 notice shall be given by newspaper advertisement in accordance
1250 with ss. 125.66(4)(b)2. and 166.041(3)(c)2.b. Before the
1251 adoption hearing, the applicant shall file with the local
1252 government a written certification or verification that the
1253 second meeting has been noticed and conducted in accordance with
1254 this section.
1255 (c) Before filing an application for a future land use map
1256 amendment that applies to more than 10 acres but less than 50
1257 acres, the applicant must conduct a community or neighborhood
1258 meeting in compliance with paragraph (a). An application for a
1259 future land use map amendment that is subject to this paragraph
1260 shall include a written certification or verification that the
1261 first meeting has been noticed and conducted in accordance with
1262 this section. At least 15 days but no more than 45 days before
1263 the local governing body’s scheduled adoption hearing, the
1264 applicant for a future land use map amendment that applies to
1265 more than 10 acres but less than 50 acres is encouraged to hold
1266 a second meeting using the provisions in paragraph (b).
1267 (d) The requirement for neighborhood meetings as provided
1268 in this subsection does not apply to small-scale amendments as
1269 defined in s. 163.3187(2)(d) unless a local government, by
1270 ordinance, adopts a procedure for holding a neighborhood meeting
1271 as part of the small-scale amendment process; however, more than
1272 one meeting may not be required.
1273 (e)(a) Each local governing body shall transmit the
1274 complete proposed comprehensive plan or plan amendment to the
1275 state land planning agency, the appropriate regional planning
1276 council and water management district, the Department of
1277 Environmental Protection, the Department of State, and the
1278 Department of Transportation, and, in the case of municipal
1279 plans, to the appropriate county, and, in the case of county
1280 plans, to the Fish and Wildlife Conservation Commission and the
1281 Department of Agriculture and Consumer Services, immediately
1282 following a public hearing pursuant to subsection (15) as
1283 specified in the state land planning agency’s procedural rules.
1284 The local governing body shall also transmit a copy of the
1285 complete proposed comprehensive plan or plan amendment to any
1286 other unit of local government or government agency in the state
1287 that has filed a written request with the governing body for the
1288 plan or plan amendment. The local government may request a
1289 review by the state land planning agency pursuant to subsection
1290 (6) at the time of the transmittal of an amendment.
1291 (f)(b) A local governing body shall not transmit portions
1292 of a plan or plan amendment unless it has previously provided to
1293 all state agencies designated by the state land planning agency
1294 a complete copy of its adopted comprehensive plan pursuant to
1295 subsection (7) and as specified in the agency’s procedural
1296 rules. In the case of comprehensive plan amendments, the local
1297 governing body shall transmit to the state land planning agency,
1298 the appropriate regional planning council and water management
1299 district, the Department of Environmental Protection, the
1300 Department of State, and the Department of Transportation, and,
1301 in the case of municipal plans, to the appropriate county and,
1302 in the case of county plans, to the Fish and Wildlife
1303 Conservation Commission and the Department of Agriculture and
1304 Consumer Services the materials specified in the state land
1305 planning agency’s procedural rules and, in cases in which the
1306 plan amendment is a result of an evaluation and appraisal report
1307 adopted pursuant to s. 163.3191, a copy of the evaluation and
1308 appraisal report. Local governing bodies shall consolidate all
1309 proposed plan amendments into a single submission for each of
1310 the two plan amendment adoption dates during the calendar year
1311 pursuant to s. 163.3187.
1312 (g)(c) A local government may adopt a proposed plan
1313 amendment previously transmitted pursuant to this subsection,
1314 unless review is requested or otherwise initiated pursuant to
1315 subsection (6).
1316 (h)(d) In cases in which a local government transmits
1317 multiple individual amendments that can be clearly and legally
1318 separated and distinguished for the purpose of determining
1319 whether to review the proposed amendment, and the state land
1320 planning agency elects to review several or a portion of the
1321 amendments and the local government chooses to immediately adopt
1322 the remaining amendments not reviewed, the amendments
1323 immediately adopted and any reviewed amendments that the local
1324 government subsequently adopts together constitute one amendment
1325 cycle in accordance with s. 163.3187(1).
1326
1327 Paragraphs (a)-(d) apply to applications for a map amendment
1328 filed after January 1, 2011.
1329 (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
1330 specified in paragraph (3)(e) (3)(a) shall provide comments to
1331 the state land planning agency within 30 days after receipt by
1332 the state land planning agency of the complete proposed plan
1333 amendment. If the plan or plan amendment includes or relates to
1334 the public school facilities element pursuant to s.
1335 163.3177(12), the state land planning agency shall submit a copy
1336 to the Office of Educational Facilities of the Commissioner of
1337 Education for review and comment. The appropriate regional
1338 planning council shall also provide its written comments to the
1339 state land planning agency within 45 30 days after receipt by
1340 the state land planning agency of the complete proposed plan
1341 amendment and shall specify any objections, recommendations for
1342 modifications, and comments of any other regional agencies to
1343 which the regional planning council may have referred the
1344 proposed plan amendment. Written comments submitted by the
1345 public within 30 days after notice of transmittal by the local
1346 government of the proposed plan amendment will be considered as
1347 if submitted by governmental agencies. All written agency and
1348 public comments must be made part of the file maintained under
1349 subsection (2).
1350 (6) STATE LAND PLANNING AGENCY REVIEW.—
1351 (a) The state land planning agency shall review a proposed
1352 plan amendment upon request of a regional planning council,
1353 affected person, or local government transmitting the plan
1354 amendment. The request from the regional planning council or
1355 affected person must be received within 45 30 days after
1356 transmittal of the proposed plan amendment pursuant to
1357 subsection (3). A regional planning council or affected person
1358 requesting a review shall do so by submitting a written request
1359 to the agency with a notice of the request to the local
1360 government and any other person who has requested notice.
1361 (d) The state land planning agency review shall identify
1362 all written communications with the agency regarding the
1363 proposed plan amendment. If the state land planning agency does
1364 not issue such a review, it shall identify in writing to the
1365 local government all written communications received 45 30 days
1366 after transmittal. The written identification must include a
1367 list of all documents received or generated by the agency, which
1368 list must be of sufficient specificity to enable the documents
1369 to be identified and copies requested, if desired, and the name
1370 of the person to be contacted to request copies of any
1371 identified document. The list of documents must be made a part
1372 of the public records of the state land planning agency.
1373 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
1374 OR AMENDMENTS AND TRANSMITTAL.—
1375 (a) The local government shall review the written comments
1376 submitted to it by the state land planning agency, and any other
1377 person, agency, or government. Any comments, recommendations, or
1378 objections and any reply to them are shall be public documents,
1379 a part of the permanent record in the matter, and admissible in
1380 any proceeding in which the comprehensive plan or plan amendment
1381 may be at issue. The local government, upon receipt of written
1382 comments from the state land planning agency, shall have 120
1383 days to adopt, or adopt with changes, the proposed comprehensive
1384 plan or s. 163.3191 plan amendments. In the case of
1385 comprehensive plan amendments other than those proposed pursuant
1386 to s. 163.3191, the local government shall have 60 days to adopt
1387 the amendment, adopt the amendment with changes, or determine
1388 that it will not adopt the amendment. The adoption of the
1389 proposed plan or plan amendment or the determination not to
1390 adopt a plan amendment, other than a plan amendment proposed
1391 pursuant to s. 163.3191, shall be made in the course of a public
1392 hearing pursuant to subsection (15). If a local government fails
1393 to adopt the comprehensive plan or plan amendment within the
1394 period set forth in this subsection, the plan or plan amendment
1395 shall be deemed abandoned and may not be considered until the
1396 next available amendment cycle pursuant to this section and s.
1397 163.3187. However, before the period expires, if an applicant
1398 certifies in writing to the state land planning agency that the
1399 applicant is proceeding in good faith to address the items
1400 raised in the agency report issued pursuant to paragraph (6)(f)
1401 or agency comments issued pursuant to s. 163.32465(4), and such
1402 certification specifically identifies the items being addressed,
1403 the state land planning agency may grant one or more extensions,
1404 which may not exceed a total of 360 days after the date on which
1405 the agency report or comments is issued, and if the request is
1406 justified by good and sufficient cause, as determined by the
1407 agency. If any such extension is pending, the applicant shall
1408 file with the local government and state land planning agency a
1409 status report every 60 days specifically identifying the items
1410 being addressed and the manner in which such items are being
1411 addressed. The local government shall transmit the complete
1412 adopted comprehensive plan or plan amendment, including the
1413 names and addresses of persons compiled pursuant to paragraph
1414 (15)(c), to the state land planning agency as specified in the
1415 agency’s procedural rules within 10 working days after adoption.
1416 The local governing body shall also transmit a copy of the
1417 adopted comprehensive plan or plan amendment to the regional
1418 planning agency and to any other unit of local government or
1419 governmental agency in the state that has filed a written
1420 request with the governing body for a copy of the plan or plan
1421 amendment.
1422 (15) PUBLIC HEARINGS.—
1423 (b) The local governing body shall hold at least two
1424 advertised public hearings on the proposed comprehensive plan or
1425 plan amendment as follows:
1426 1. The first public hearing shall be held at the
1427 transmittal stage pursuant to subsection (3). It shall be held
1428 on a weekday at least 7 days after the day that the first
1429 advertisement is published.
1430 2. The second public hearing shall be held at the adoption
1431 stage pursuant to subsection (7). It shall be held on a weekday
1432 at least 5 days after the day that the second advertisement is
1433 published. The comprehensive plan or plan amendment to be
1434 considered for adoption must be made available to the public at
1435 least 5 days before the date of the hearing and must be posted
1436 at least 5 days before the date of the hearing on the local
1437 government’s Internet website, if one is maintained. The
1438 proposed comprehensive plan amendment may not be altered during
1439 the 5 days before the hearing if such alteration increases the
1440 permissible density, intensity, or height, or decreases the
1441 minimum buffers, setbacks, or open space. If the amendment is
1442 altered in this manner during the 5-day period or at the public
1443 hearing, the hearing shall be continued to the next meeting of
1444 the local governing body. As part of the adoption package, the
1445 local government shall certify in writing to the state land
1446 planning agency that it has complied with this paragraph.
1447 (c) The local government shall provide a sign-in form at
1448 the transmittal hearing and at the adoption hearing for persons
1449 to provide their names and mailing and electronic addresses. The
1450 sign-in form must advise that any person providing the requested
1451 information will receive a courtesy informational statement
1452 concerning publications of the state land planning agency’s
1453 notice of intent. The local government shall add to the sign-in
1454 form the name and address of any person who submits written
1455 comments concerning the proposed plan or plan amendment during
1456 the time period between the commencement of the transmittal
1457 hearing and the end of the adoption hearing. It is the
1458 responsibility of the person completing the form or providing
1459 written comments to accurately, completely, and legibly provide
1460 all information needed in order to receive the courtesy
1461 informational statement.
1462 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
1463 local government that has adopted a community vision and urban
1464 service boundary under s. 163.3177(13) and (14) may adopt a plan
1465 amendment related to map amendments solely to property within an
1466 urban service boundary in the manner described in subsections
1467 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
1468 and e., 2., and 3., such that state and regional agency review
1469 is eliminated. The department may not issue an objections,
1470 recommendations, and comments report on proposed plan amendments
1471 or a notice of intent on adopted plan amendments; however,
1472 affected persons, as defined by paragraph (1)(a), may file a
1473 petition for administrative review pursuant to the requirements
1474 of s. 163.3187(3)(a) to challenge the compliance of an adopted
1475 plan amendment. This subsection does not apply to any amendment
1476 within an area of critical state concern, to any amendment that
1477 increases residential densities allowable in high-hazard coastal
1478 areas as defined in s. 163.3178(2)(h), or to a text change to
1479 the goals, policies, or objectives of the local government’s
1480 comprehensive plan. Amendments submitted under this subsection
1481 are exempt from the limitation on the frequency of plan
1482 amendments in s. 163.3187.
1483 Section 5. Subsection (1), paragraph (c) of subsection (3),
1484 subsection (5), and paragraph (a) of subsection (6) of section
1485 163.3187, Florida Statutes, are amended to read:
1486 163.3187 Amendment of adopted comprehensive plan.—
1487 (1) Amendments to comprehensive plans adopted pursuant to
1488 this part may be made not more than two times during any
1489 calendar year, except:
1490 (a) Any local government comprehensive plan In the case of
1491 an emergency, comprehensive plan amendments may be made more
1492 often than twice during the calendar year if the additional plan
1493 amendment enacted in case of emergency which receives the
1494 approval of all of the members of the governing body.
1495 “Emergency” means any occurrence or threat thereof whether
1496 accidental or natural, caused by humankind, in war or peace,
1497 which results or may result in substantial injury or harm to the
1498 population or substantial damage to or loss of property or
1499 public funds.
1500 (b) Any local government comprehensive plan amendments
1501 directly related to a proposed development of regional impact,
1502 including changes which have been determined to be substantial
1503 deviations and including Florida Quality Developments pursuant
1504 to s. 380.061, may be initiated by a local planning agency and
1505 considered by the local governing body at the same time as the
1506 application for development approval using the procedures
1507 provided for local plan amendment in this section and applicable
1508 local ordinances, without regard to statutory or local ordinance
1509 limits on the frequency of consideration of amendments to the
1510 local comprehensive plan. Nothing in this subsection shall be
1511 deemed to require favorable consideration of a plan amendment
1512 solely because it is related to a development of regional
1513 impact.
1514 (c) Any Local government comprehensive plan amendments
1515 directly related to proposed small scale development activities
1516 may be approved without regard to statutory limits on the
1517 frequency of consideration of amendments to the local
1518 comprehensive plan. A small scale development amendment may be
1519 adopted only under the following conditions:
1520 1. The proposed amendment involves a use of 10 acres or
1521 fewer and:
1522 a. The cumulative annual effect of the acreage for all
1523 small scale development amendments adopted by the local
1524 government shall not exceed:
1525 (I) A maximum of 120 acres in a local government that
1526 contains areas specifically designated in the local
1527 comprehensive plan for urban infill, urban redevelopment, or
1528 downtown revitalization as defined in s. 163.3164, urban infill
1529 and redevelopment areas designated under s. 163.2517,
1530 transportation concurrency exception areas approved pursuant to
1531 s. 163.3180(5), or regional activity centers and urban central
1532 business districts approved pursuant to s. 380.06(2)(e);
1533 however, amendments under this paragraph may be applied to no
1534 more than 60 acres annually of property outside the designated
1535 areas listed in this sub-sub-subparagraph. Amendments adopted
1536 pursuant to paragraph (k) shall not be counted toward the
1537 acreage limitations for small scale amendments under this
1538 paragraph.
1539 (II) A maximum of 80 acres in a local government that does
1540 not contain any of the designated areas set forth in sub-sub
1541 subparagraph (I).
1542 (III) A maximum of 120 acres in a county established
1543 pursuant to s. 9, Art. VIII of the State Constitution.
1544 b. The proposed amendment does not involve the same
1545 property granted a change within the prior 12 months.
1546 c. The proposed amendment does not involve the same owner’s
1547 property within 200 feet of property granted a change within the
1548 prior 12 months.
1549 d. The proposed amendment does not involve a text change to
1550 the goals, policies, and objectives of the local government’s
1551 comprehensive plan, but only proposes a land use change to the
1552 future land use map for a site-specific small scale development
1553 activity.
1554 e. The property that is the subject of the proposed
1555 amendment is not located within an area of critical state
1556 concern, unless the project subject to the proposed amendment
1557 involves the construction of affordable housing units meeting
1558 the criteria of s. 420.0004(3), and is located within an area of
1559 critical state concern designated by s. 380.0552 or by the
1560 Administration Commission pursuant to s. 380.05(1). Such
1561 amendment is not subject to the density limitations of sub
1562 subparagraph f., and shall be reviewed by the state land
1563 planning agency for consistency with the principles for guiding
1564 development applicable to the area of critical state concern
1565 where the amendment is located and is shall not become effective
1566 until a final order is issued under s. 380.05(6).
1567 f. If the proposed amendment involves a residential land
1568 use, the residential land use has a density of 10 units or less
1569 per acre or the proposed future land use category allows a
1570 maximum residential density of the same or less than the maximum
1571 residential density allowable under the existing future land use
1572 category, except that this limitation does not apply to small
1573 scale amendments involving the construction of affordable
1574 housing units meeting the criteria of s. 420.0004(3) on property
1575 which will be the subject of a land use restriction agreement,
1576 or small scale amendments described in sub-sub-subparagraph
1577 a.(I) that are designated in the local comprehensive plan for
1578 urban infill, urban redevelopment, or downtown revitalization as
1579 defined in s. 163.3164, urban infill and redevelopment areas
1580 designated under s. 163.2517, transportation concurrency
1581 exception areas approved pursuant to s. 163.3180(5), or regional
1582 activity centers and urban central business districts approved
1583 pursuant to s. 380.06(2)(e).
1584 2.a. A local government that proposes to consider a plan
1585 amendment pursuant to this paragraph is not required to comply
1586 with the procedures and public notice requirements of s.
1587 163.3184(15)(c) for such plan amendments if the local government
1588 complies with the provisions in s. 125.66(4)(a) for a county or
1589 in s. 166.041(3)(c) for a municipality. If a request for a plan
1590 amendment under this paragraph is initiated by other than the
1591 local government, public notice is required.
1592 b. The local government shall send copies of the notice and
1593 amendment to the state land planning agency, the regional
1594 planning council, and any other person or entity requesting a
1595 copy. This information shall also include a statement
1596 identifying any property subject to the amendment that is
1597 located within a coastal high-hazard area as identified in the
1598 local comprehensive plan.
1599 3. Small scale development amendments adopted pursuant to
1600 this paragraph require only one public hearing before the
1601 governing board, which shall be an adoption hearing as described
1602 in s. 163.3184(7), and are not subject to the requirements of s.
1603 163.3184(3)-(6) unless the local government elects to have them
1604 subject to those requirements.
1605 4. If the small scale development amendment involves a site
1606 within an area that is designated by the Governor as a rural
1607 area of critical economic concern under s. 288.0656(7) for the
1608 duration of such designation, the 10-acre limit listed in
1609 subparagraph 1. shall be increased by 100 percent to 20 acres.
1610 The local government approving the small scale plan amendment
1611 shall certify to the Office of Tourism, Trade, and Economic
1612 Development that the plan amendment furthers the economic
1613 objectives set forth in the executive order issued under s.
1614 288.0656(7), and the property subject to the plan amendment
1615 shall undergo public review to ensure that all concurrency
1616 requirements and federal, state, and local environmental permit
1617 requirements are met.
1618 (d) Any comprehensive plan amendment required by a
1619 compliance agreement pursuant to s. 163.3184(16) may be approved
1620 without regard to statutory limits on the frequency of adoption
1621 of amendments to the comprehensive plan.
1622 (e) A comprehensive plan amendment for location of a state
1623 correctional facility. Such an amendment may be made at any time
1624 and does not count toward the limitation on the frequency of
1625 plan amendments.
1626 (e)(f) Any comprehensive plan amendment that changes the
1627 schedule in the capital improvements element, and any amendments
1628 directly related to the schedule, may be made once in a calendar
1629 year on a date different from the two times provided in this
1630 subsection when necessary to coincide with the adoption of the
1631 local government’s budget and capital improvements program.
1632 (g) Any local government comprehensive plan amendments
1633 directly related to proposed redevelopment of brownfield areas
1634 designated under s. 376.80 may be approved without regard to
1635 statutory limits on the frequency of consideration of amendments
1636 to the local comprehensive plan.
1637 (f)(h) Any comprehensive plan amendments for port
1638 transportation facilities and projects that are eligible for
1639 funding by the Florida Seaport Transportation and Economic
1640 Development Council pursuant to s. 311.07.
1641 (i) A comprehensive plan amendment for the purpose of
1642 designating an urban infill and redevelopment area under s.
1643 163.2517 may be approved without regard to the statutory limits
1644 on the frequency of amendments to the comprehensive plan.
1645 (g)(j) Any comprehensive plan amendment to establish public
1646 school concurrency pursuant to s. 163.3180(13), including, but
1647 not limited to, adoption of a public school facilities element
1648 pursuant to s. 163.3177(12) and adoption of amendments to the
1649 capital improvements element and intergovernmental coordination
1650 element. In order to ensure the consistency of local government
1651 public school facilities elements within a county, such elements
1652 must shall be prepared and adopted on a similar time schedule.
1653 (k) A local comprehensive plan amendment directly related
1654 to providing transportation improvements to enhance life safety
1655 on Controlled Access Major Arterial Highways identified in the
1656 Florida Intrastate Highway System, in counties as defined in s.
1657 125.011, where such roadways have a high incidence of traffic
1658 accidents resulting in serious injury or death. Any such
1659 amendment shall not include any amendment modifying the
1660 designation on a comprehensive development plan land use map nor
1661 any amendment modifying the allowable densities or intensities
1662 of any land.
1663 (l) A comprehensive plan amendment to adopt a public
1664 educational facilities element pursuant to s. 163.3177(12) and
1665 future land-use-map amendments for school siting may be approved
1666 notwithstanding statutory limits on the frequency of adopting
1667 plan amendments.
1668 (m) A comprehensive plan amendment that addresses criteria
1669 or compatibility of land uses adjacent to or in close proximity
1670 to military installations in a local government’s future land
1671 use element does not count toward the limitation on the
1672 frequency of the plan amendments.
1673 (n) Any local government comprehensive plan amendment
1674 establishing or implementing a rural land stewardship area
1675 pursuant to the provisions of s. 163.3177(11)(d).
1676 (o) A comprehensive plan amendment that is submitted by an
1677 area designated by the Governor as a rural area of critical
1678 economic concern under s. 288.0656(7) and that meets the
1679 economic development objectives may be approved without regard
1680 to the statutory limits on the frequency of adoption of
1681 amendments to the comprehensive plan.
1682 (p) Any local government comprehensive plan amendment that
1683 is consistent with the local housing incentive strategies
1684 identified in s. 420.9076 and authorized by the local
1685 government.
1686 (h) Any local government comprehensive plan amendment
1687 adopted pursuant to a final order issued by the Administration
1688 Commission or the Florida Land and Water Adjudicatory
1689 Commission.
1690 (i) A future land use map amendment within an area
1691 designated by the Governor as a rural area of critical economic
1692 concern under s. 288.0656(7), if the Office of Tourism, Trade,
1693 and Economic Development states in writing that the amendment
1694 supports a regional target industry that is identified in an
1695 economic development plan prepared for one of the economic
1696 development programs identified in s. 288.0656(7).
1697 (j) Any local government comprehensive plan amendment
1698 establishing or implementing a rural land stewardship area
1699 pursuant to s. 163.3177(11)(d) or a sector plan pursuant to s.
1700 163.3245.
1701 (3)
1702 (c) Small scale development amendments shall not become
1703 effective until 31 days after adoption. If challenged within 30
1704 days after adoption, small scale development amendments shall
1705 not become effective until the state land planning agency or the
1706 Administration Commission, respectively, issues a final order
1707 determining that the adopted small scale development amendment
1708 is in compliance. However, a small-scale amendment is not
1709 effective until it has been rendered to the state land planning
1710 agency as required by sub-subparagraph (1)(c)2.b. and the state
1711 land planning agency has certified to the local government in
1712 writing that the amendment qualifies as a small-scale amendment.
1713 (5) Nothing in This part does not is intended to prohibit
1714 or limit the authority of local governments to require that a
1715 person requesting an amendment pay some or all of the cost of
1716 public notice.
1717 (6)(a) A No local government may not amend its
1718 comprehensive plan after the date established by the state land
1719 planning agency for adoption of its evaluation and appraisal
1720 report unless it has submitted its report or addendum to the
1721 state land planning agency as prescribed by s. 163.3191, except
1722 for plan amendments described in paragraph (1)(b) or paragraph
1723 (1)(f) (1)(h).
1724 Section 6. Paragraph (i) is added to subsection (2) of
1725 section 163.3202, Florida Statutes, to read:
1726 163.3202 Land development regulations.—
1727 (2) Local land development regulations shall contain
1728 specific and detailed provisions necessary or desirable to
1729 implement the adopted comprehensive plan and shall as a minimum:
1730 (i) Maintain the existing density of residential properties
1731 or recreational vehicle parks if the properties are intended for
1732 residential use and are located in unincorporated areas that
1733 have sufficient infrastructure, as determined by the local
1734 governing authority.
1735 Section 7. Paragraph (b) of subsection (2) of section
1736 163.3217, Florida Statutes, is amended to read:
1737 163.3217 Municipal overlay for municipal incorporation.—
1738 (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
1739 OVERLAY.—
1740 (b)1. A municipal overlay shall be adopted as an amendment
1741 to the local government comprehensive plan as prescribed by s.
1742 163.3184.
1743 2. A county may consider the adoption of a municipal
1744 overlay without regard to the provisions of s. 163.3187(1)
1745 regarding the frequency of adoption of amendments to the local
1746 comprehensive plan.
1747 Section 8. Subsection (8) of section 163.340, Florida
1748 Statutes, is amended to read:
1749 163.340 Definitions.—The following terms, wherever used or
1750 referred to in this part, have the following meanings:
1751 (8) “Blighted area” means an area in which there are a
1752 substantial number of deteriorated, or deteriorating structures,
1753 in which conditions, as indicated by government-maintained
1754 statistics or other studies, are leading to economic distress or
1755 endanger life or property, and in which two or more of the
1756 following factors are present:
1757 (a) Predominance of defective or inadequate street layout,
1758 parking facilities, roadways, bridges, or public transportation
1759 facilities;
1760 (b) Aggregate assessed values of real property in the area
1761 for ad valorem tax purposes have failed to show any appreciable
1762 increase over the 5 years prior to the finding of such
1763 conditions;
1764 (c) Faulty lot layout in relation to size, adequacy,
1765 accessibility, or usefulness;
1766 (d) Unsanitary or unsafe conditions;
1767 (e) Deterioration of site or other improvements;
1768 (f) Inadequate and outdated building density patterns;
1769 (g) Falling lease rates per square foot of office,
1770 commercial, or industrial space compared to the remainder of the
1771 county or municipality;
1772 (h) Tax or special assessment delinquency exceeding the
1773 fair value of the land;
1774 (i) Residential and commercial vacancy rates higher in the
1775 area than in the remainder of the county or municipality;
1776 (j) Incidence of crime in the area higher than in the
1777 remainder of the county or municipality;
1778 (k) Fire and emergency medical service calls to the area
1779 proportionately higher than in the remainder of the county or
1780 municipality;
1781 (l) A greater number of violations of the Florida Building
1782 Code in the area than the number of violations recorded in the
1783 remainder of the county or municipality;
1784 (m) Diversity of ownership or defective or unusual
1785 conditions of title which prevent the free alienability of land
1786 within the deteriorated or hazardous area; or
1787 (n) Governmentally owned property with adverse
1788 environmental conditions caused by a public or private entity.
1789
1790 However, the term “blighted area” also means any area in which
1791 at least one of the factors identified in paragraphs (a) through
1792 (n) are present and all taxing authorities subject to s.
1793 163.387(2)(a) agree, either by interlocal agreement or
1794 agreements with the agency or by resolution, that the area is
1795 blighted, or that the area was previously used as a military
1796 facility, is undeveloped, and consists of land that the Federal
1797 Government declared surplus within the preceding 20 years. Such
1798 agreement or resolution shall only determine only that the area
1799 is blighted. For purposes of qualifying for the tax credits
1800 authorized in chapter 220, “blighted area” means an area as
1801 defined in this subsection.
1802 Section 9. Subsection (11) of section 171.203, Florida
1803 Statutes, is amended to read:
1804 171.203 Interlocal service boundary agreement.—The
1805 governing body of a county and one or more municipalities or
1806 independent special districts within the county may enter into
1807 an interlocal service boundary agreement under this part. The
1808 governing bodies of a county, a municipality, or an independent
1809 special district may develop a process for reaching an
1810 interlocal service boundary agreement which provides for public
1811 participation in a manner that meets or exceeds the requirements
1812 of subsection (13), or the governing bodies may use the process
1813 established in this section.
1814 (11)(a) A municipality that is a party to an interlocal
1815 service boundary agreement that identifies an unincorporated
1816 area for municipal annexation under s. 171.202(11)(a) shall
1817 adopt a municipal service area as an amendment to its
1818 comprehensive plan to address future possible municipal
1819 annexation. The state land planning agency shall review the
1820 amendment for compliance with part II of chapter 163. The
1821 proposed plan amendment must contain:
1822 1. A boundary map of the municipal service area.
1823 2. Population projections for the area.
1824 3. Data and analysis supporting the provision of public
1825 facilities for the area.
1826 (b) This part does not authorize the state land planning
1827 agency to review, evaluate, determine, approve, or disapprove a
1828 municipal ordinance relating to municipal annexation or
1829 contraction.
1830 (c) Any amendment required by paragraph (a) is exempt from
1831 the twice-per-year limitation under s. 163.3187.
1832 Section 10. Paragraph (a) of subsection (7) and paragraph
1833 (l) of subsection (24) of section 380.06, Florida Statutes, are
1834 amended to read:
1835 380.06 Developments of regional impact.—
1836 (7) PREAPPLICATION PROCEDURES.—
1837 (a) Before filing an application for development approval,
1838 the developer shall contact the regional planning agency with
1839 jurisdiction over the proposed development to arrange a
1840 preapplication conference. Upon the request of the developer or
1841 the regional planning agency, other affected state and regional
1842 agencies shall participate in this conference and shall identify
1843 the types of permits issued by the agencies, the level of
1844 information required, and the permit issuance procedures as
1845 applied to the proposed development. The level-of-service
1846 standards required in the transportation methodology must be the
1847 same level-of-service standards used to evaluate concurrency in
1848 accordance with s. 163.3180. The regional planning agency shall
1849 provide the developer information about the development-of
1850 regional-impact process and the use of preapplication
1851 conferences to identify issues, coordinate appropriate state and
1852 local agency requirements, and otherwise promote a proper and
1853 efficient review of the proposed development. If agreement is
1854 reached regarding assumptions and methodology to be used in the
1855 application for development approval, the reviewing agencies may
1856 not subsequently object to those assumptions and methodologies
1857 unless subsequent changes to the project or information obtained
1858 during the review make those assumptions and methodologies
1859 inappropriate.
1860 (24) STATUTORY EXEMPTIONS.—
1861 (l) Any proposed development within an urban service
1862 boundary established under s. 163.3177(14) is exempt from the
1863 provisions of this section if the local government having
1864 jurisdiction over the area where the development is proposed has
1865 adopted the urban service boundary, has entered into a binding
1866 agreement with jurisdictions that would be impacted and with the
1867 Department of Transportation regarding the mitigation of impacts
1868 on state and regional transportation facilities, and has adopted
1869 a proportionate share methodology pursuant to s. 163.3180(16).
1870
1871 If a use is exempt from review as a development of regional
1872 impact under paragraphs (a)-(t), but will be part of a larger
1873 project that is subject to review as a development of regional
1874 impact, the impact of the exempt use must be included in the
1875 review of the larger project.
1876 Section 11. Present subsection (19) of section 403.973,
1877 Florida Statutes, is redesignated as subsection (20), and a new
1878 subsection (19) is added to that section, to read:
1879 403.973 Expedited permitting; comprehensive plan
1880 amendments.—
1881 (19) It is the intent of the Legislature to encourage and
1882 facilitate the location of businesses in the state that will
1883 create jobs and high wages, diversify the state’s economy, and
1884 promote the development of energy saving technologies and other
1885 clean technologies to be used in Florida communities. It is also
1886 the intent of the Legislature to provide incentives in
1887 regulatory process for mixed use projects that are regional
1888 centers for clean technology (RCCT) to accomplish the goals of
1889 this section and meet additional performance criteria for
1890 conservation, reduced energy and water consumption, and other
1891 practices for creating a sustainable community.
1892 (a) In order to qualify for the incentives in this
1893 subsection, a proposed RCCT project must:
1894 1. Create new jobs in development, manufacturing, and
1895 distribution in the clean technology industry including, but not
1896 limited to, energy and fuel saving, alternative energy
1897 production, or carbon reduction technologies. Overall job
1898 creation must be at a minimum ratio of one job for every
1899 household in the project and produce no less than 10,000 jobs
1900 upon completion of the project.
1901 2. Provide at least 25 percent of site-wide demand for
1902 electricity by new renewable energy sources.
1903 3. Use building design and construction techniques and
1904 materials to reduce project-wide energy demand by at least 25
1905 percent compared to 2009 average per capita consumption for the
1906 state.
1907 4. Use conservation and construction techniques and
1908 materials to reduce potable water consumption by at least 25
1909 percent compared to 2009 average per capita consumption for the
1910 state.
1911 5. Have projected per capita carbon emissions at least 25
1912 percent below the 2009 average per capita carbon emissions for
1913 the state.
1914 6. Contain at least 25,000 acres, at least 50 percent of
1915 which will be dedicated to conservation or open space. The
1916 project site must be directly accessible to a crossroad of two
1917 Strategic Intermodal System facilities and may not be located in
1918 a coastal high-hazard area.
1919 7. Be located on a site planned to contain a mix of land
1920 uses, including, at a minimum, 5 million square feet of combined
1921 research and development, industrial uses, and commercial land
1922 uses, and a balanced mix of housing to meet the demands for jobs
1923 and wages created within the project.
1924 8. Be designed to greatly reduce the need for automobile
1925 usage through an intramodal mass transit system, site design,
1926 and other strategies to reduce vehicle miles travelled.
1927 (b) The office must certify a RCCT project as eligible for
1928 the incentives in this subsection within 30 days after receiving
1929 an application that meets the criteria paragraph (a). The
1930 application must be received within 180 days after July 1, 2009,
1931 in order to qualify for this incentive. The recommendation from
1932 the governing body of the county or municipality in which the
1933 project may be located is required in order for the office to
1934 certify that any project is eligible for the expedited review
1935 and incentives under this subsection. The office may decertify a
1936 project that has failed to meet the criteria in this subsection
1937 and the commitments set forth in the application.
1938 (c)1. The office shall direct the creation of regional
1939 permit action teams through a memorandum of agreement as set
1940 forth in subsections (4)-(6). The RCCT project shall be eligible
1941 for the expedited permitting and other incentives provided in
1942 this section.
1943 2. Notwithstanding any other provisions of law,
1944 applications for comprehensive plan amendments received before
1945 June 1, 2009, which are associated with RCCT projects certified
1946 under this subsection, including text amendments that set forth
1947 parameters for establishing a RCCT project map amendment, shall
1948 be processed pursuant to the provisions of s. 163.3187(1)(c) and
1949 (3). The Legislature finds that a project meeting the criteria
1950 for certification under this subsection meets the requirements
1951 for land use allocation need based on population projections,
1952 discouragement of urban sprawl, the provisions of section
1953 163.3177(6)(a) and (11), and implementing rules.
1954 3. Any development projects within the certified project which
1955 are subject to development-of-regional-impact review pursuant to
1956 the applicable provisions of chapter 380 shall be reviewed
1957 pursuant to that chapter and applicable rules. If a RCCT project
1958 qualifies as a development of regional impact, the application
1959 must be submitted within 180 days after the adoption of the
1960 related comprehensive plan amendment. Notwithstanding any other
1961 provisions of law, the state land planning agency may not appeal
1962 a local government development order issued under chapter 380
1963 unless the agency having regulatory authority over the subject
1964 area of the appeal has recommended an appeal.
1965 Section 12. This act shall take effect July 1, 2009.