Amendment
Bill No. CS/CS/SB 360

Amendment No. 210765

CHAMBER ACTION
Senate		House
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1	Representative Hukill offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Community Renewal
6	Act."
7	Section 1.  Subsection (29) of section 163.3164, Florida
8	Statutes, is amended, and subsection (34) is added to that
9	section, to read:
10	163.3164  Local Government Comprehensive Planning and Land
11	Development Regulation Act; definitions.--As used in this act:
12	(29)  "Existing Urban service area" means built-up areas
13	where public facilities and services, including, but not limited
14	to, central water and sewer capacity and such as sewage
15	treatment systems, roads, schools, and recreation areas are
16	already in place or are committed in the first 3 years of the
17	capital improvement schedule. In addition, for counties that
18	qualify as dense urban land areas under subsection (34), the
19	nonrural area of a county which has adopted into the county
20	charter a rural area designation or areas identified in the
21	comprehensive plan as urban service areas or urban growth
22	boundaries on or before July 1, 2009, are also urban service
23	areas under this definition.
24	(34)  "Dense urban land area" means:
25	(a)  A municipality that has an average of at least 1,000
26	people per square mile of land area and a minimum total
27	population of at least 5,000;
28	(b)  A county, including the municipalities located
29	therein, which has an average of at least 1,000 people per
30	square mile of land area; or
31	(c)  A county, including the municipalities located
32	therein, which has a population of at least 1 million.
33
34	The Office of Economic and Demographic Research within the
35	Legislature shall annually calculate the population and density
36	criteria needed to determine which jurisdictions qualify as
37	dense urban land areas by using the most recent land area data
38	from the decennial census conducted by the Bureau of the Census
39	of the United States Department of Commerce and the latest
40	available population estimates determined pursuant to s.
41	186.901. If any local government has had an annexation,
42	contraction, or new incorporation, the Office of Economic and
43	Demographic Research shall determine the population density
44	using the new jurisdictional boundaries as recorded in
45	accordance with s. 171.091. The Office of Economic and
46	Demographic Research shall submit to the state land planning
47	agency a list of jurisdictions that meet the total population
48	and density criteria necessary for designation as a dense urban
49	land area by July 1, 2009, and every year thereafter. The state
50	land planning agency shall publish the list of jurisdictions on
51	its Internet website within 7 days after the list is received.
52	The designation of jurisdictions that qualify or do not qualify
53	as a dense urban land area is effective upon publication on the
54	state land planning agency's Internet website.
55	Section 2.  Paragraph (b) of subsection (3), paragraphs (a)
56	and (h) of subsection (6), and paragraphs (a), (j), and (k) of
57	subsection (12) of section 163.3177, Florida Statutes, are
58	amended, and paragraph (f) is added to subsection (3) of that
59	section, to read:
60	163.3177  Required and optional elements of comprehensive
61	plan; studies and surveys.--
62	(3)
63	(b)1.  The capital improvements element must be reviewed on
64	an annual basis and modified as necessary in accordance with s.
65	163.3187 or s. 163.3189 in order to maintain a financially
66	feasible 5-year schedule of capital improvements. Corrections
67	and modifications concerning costs; revenue sources; or
68	acceptance of facilities pursuant to dedications which are
69	consistent with the plan may be accomplished by ordinance and
70	shall not be deemed to be amendments to the local comprehensive
71	plan. A copy of the ordinance shall be transmitted to the state
72	land planning agency. An amendment to the comprehensive plan is
73	required to update the schedule on an annual basis or to
74	eliminate, defer, or delay the construction for any facility
75	listed in the 5-year schedule. All public facilities must be
76	consistent with the capital improvements element. The annual
77	update to the capital improvements element of the comprehensive
78	plan need not comply with the financial feasibility requirement
79	until December 1, 2011. Amendments to implement this section
80	must be adopted and transmitted no later than December 1, 2008.
81	Thereafter, a local government may not amend its future land use
82	map, except for plan amendments to meet new requirements under
83	this part and emergency amendments pursuant to s.
84	163.3187(1)(a), after December 1, 2011 2008, and every year
85	thereafter, unless and until the local government has adopted
86	the annual update and it has been transmitted to the state land
87	planning agency.
88	2.  Capital improvements element amendments adopted after
89	the effective date of this act shall require only a single
90	public hearing before the governing board which shall be an
91	adoption hearing as described in s. 163.3184(7). Such amendments
92	are not subject to the requirements of s. 163.3184(3)-(6).
93	(f)  A local government's comprehensive plan and plan
94	amendments for land uses within all transportation concurrency
95	exception areas that are designated and maintained in accordance
96	with s. 163.3180(5) shall be deemed to meet the requirement to
97	achieve and maintain level-of-service standards for
98	transportation.
99	(6)  In addition to the requirements of subsections (1)-(5)
100	and (12), the comprehensive plan shall include the following
101	elements:
102	(a)  A future land use plan element designating proposed
103	future general distribution, location, and extent of the uses of
104	land for residential uses, commercial uses, industry,
105	agriculture, recreation, conservation, education, public
106	buildings and grounds, other public facilities, and other
107	categories of the public and private uses of land. Counties are
108	encouraged to designate rural land stewardship areas, pursuant
109	to the provisions of paragraph (11)(d), as overlays on the
110	future land use map. Each future land use category must be
111	defined in terms of uses included, and must include standards to
112	be followed in the control and distribution of population
113	densities and building and structure intensities. The proposed
114	distribution, location, and extent of the various categories of
115	land use shall be shown on a land use map or map series which
116	shall be supplemented by goals, policies, and measurable
117	objectives. The future land use plan shall be based upon
118	surveys, studies, and data regarding the area, including the
119	amount of land required to accommodate anticipated growth; the
120	projected population of the area; the character of undeveloped
121	land; the availability of water supplies, public facilities, and
122	services; the need for redevelopment, including the renewal of
123	blighted areas and the elimination of nonconforming uses which
124	are inconsistent with the character of the community; the
125	compatibility of uses on lands adjacent to or closely proximate
126	to military installations; the discouragement of urban sprawl;
127	energy-efficient land use patterns accounting for existing and
128	future electric power generation and transmission systems;
129	greenhouse gas reduction strategies; and, in rural communities,
130	the need for job creation, capital investment, and economic
131	development that will strengthen and diversify the community's
132	economy. The future land use plan may designate areas for future
133	planned development use involving combinations of types of uses
134	for which special regulations may be necessary to ensure
135	development in accord with the principles and standards of the
136	comprehensive plan and this act. The future land use plan
137	element shall include criteria to be used to achieve the
138	compatibility of adjacent or closely proximate lands with
139	military installations. In addition, for rural communities and
140	counties designated as a rural area of critical economic concern
141	pursuant to s. 288.0656, the amount of land designated for
142	future planned land uses industrial use shall be based upon
143	surveys and studies that reflect the need for job creation,
144	capital investment, and the necessity to strengthen and
145	diversify the local economies, and shall not be limited solely
146	by the projected population of the rural community or rural area
147	of critical economic concern. The future land use plan of a
148	county may also designate areas for possible future municipal
149	incorporation. The land use maps or map series shall generally
150	identify and depict historic district boundaries and shall
151	designate historically significant properties meriting
152	protection. For coastal counties, the future land use element
153	must include, without limitation, regulatory incentives and
154	criteria that encourage the preservation of recreational and
155	commercial working waterfronts as defined in s. 342.07. The
156	future land use element must clearly identify the land use
157	categories in which public schools are an allowable use. When
158	delineating the land use categories in which public schools are
159	an allowable use, a local government shall include in the
160	categories sufficient land proximate to residential development
161	to meet the projected needs for schools in coordination with
162	public school boards and may establish differing criteria for
163	schools of different type or size. Each local government shall
164	include lands contiguous to existing school sites, to the
165	maximum extent possible, within the land use categories in which
166	public schools are an allowable use. The failure by a local
167	government to comply with these school siting requirements will
168	result in the prohibition of the local government's ability to
169	amend the local comprehensive plan, except for plan amendments
170	described in s. 163.3187(1)(b), until the school siting
171	requirements are met. Amendments proposed by a local government
172	for purposes of identifying the land use categories in which
173	public schools are an allowable use are exempt from the
174	limitation on the frequency of plan amendments contained in s.
175	163.3187. The future land use element shall include criteria
176	that encourage the location of schools proximate to urban
177	residential areas to the extent possible and shall require that
178	the local government seek to collocate public facilities, such
179	as parks, libraries, and community centers, with schools to the
180	extent possible and to encourage the use of elementary schools
181	as focal points for neighborhoods. For schools serving
182	predominantly rural counties, defined as a county with a
183	population of 100,000 or fewer, an agricultural land use
184	category shall be eligible for the location of public school
185	facilities if the local comprehensive plan contains school
186	siting criteria and the location is consistent with such
187	criteria. Local governments required to update or amend their
188	comprehensive plan to include criteria and address compatibility
189	of adjacent or closely proximate lands with existing military
190	installations in their future land use plan element shall
191	transmit the update or amendment to the department by June 30,
192	2006.
193	(h)1.  An intergovernmental coordination element showing
194	relationships and stating principles and guidelines to be used
195	in the accomplishment of coordination of the adopted
196	comprehensive plan with the plans of school boards, regional
197	water supply authorities, and other units of local government
198	providing services but not having regulatory authority over the
199	use of land, with the comprehensive plans of adjacent
200	municipalities, the county, adjacent counties, or the region,
201	with the state comprehensive plan and with the applicable
202	regional water supply plan approved pursuant to s. 373.0361, as
203	the case may require and as such adopted plans or plans in
204	preparation may exist. This element of the local comprehensive
205	plan shall demonstrate consideration of the particular effects
206	of the local plan, when adopted, upon the development of
207	adjacent municipalities, the county, adjacent counties, or the
208	region, or upon the state comprehensive plan, as the case may
209	require.
210	a.  The intergovernmental coordination element shall
211	provide for procedures to identify and implement joint planning
212	areas, especially for the purpose of annexation, municipal
213	incorporation, and joint infrastructure service areas.
214	b.  The intergovernmental coordination element shall
215	provide for recognition of campus master plans prepared pursuant
216	to s. 1013.30.
217	c.  The intergovernmental coordination element shall may
218	provide for a voluntary dispute resolution process as
219	established pursuant to s. 186.509 for bringing to closure in a
220	timely manner intergovernmental disputes. A local government may
221	develop and use an alternative local dispute resolution process
222	for this purpose.
223	2.  The intergovernmental coordination element shall
224	further state principles and guidelines to be used in the
225	accomplishment of coordination of the adopted comprehensive plan
226	with the plans of school boards and other units of local
227	government providing facilities and services but not having
228	regulatory authority over the use of land. In addition, the
229	intergovernmental coordination element shall describe joint
230	processes for collaborative planning and decisionmaking on
231	population projections and public school siting, the location
232	and extension of public facilities subject to concurrency, and
233	siting facilities with countywide significance, including
234	locally unwanted land uses whose nature and identity are
235	established in an agreement. Within 1 year of adopting their
236	intergovernmental coordination elements, each county, all the
237	municipalities within that county, the district school board,
238	and any unit of local government service providers in that
239	county shall establish by interlocal or other formal agreement
240	executed by all affected entities, the joint processes described
241	in this subparagraph consistent with their adopted
242	intergovernmental coordination elements.
243	3.  To foster coordination between special districts and
244	local general-purpose governments as local general-purpose
245	governments implement local comprehensive plans, each
246	independent special district must submit a public facilities
247	report to the appropriate local government as required by s.
248	189.415.
249	4.a.  Local governments must execute an interlocal
250	agreement with the district school board, the county, and
251	nonexempt municipalities pursuant to s. 163.31777. The local
252	government shall amend the intergovernmental coordination
253	element to provide that coordination between the local
254	government and school board is pursuant to the agreement and
255	shall state the obligations of the local government under the
256	agreement.
257	b.  Plan amendments that comply with this subparagraph are
258	exempt from the provisions of s. 163.3187(1).
259	5.  The state land planning agency shall establish a
260	schedule for phased completion and transmittal of plan
261	amendments to implement subparagraphs 1., 2., and 3. from all
262	jurisdictions so as to accomplish their adoption by December 31,
263	1999. A local government may complete and transmit its plan
264	amendments to carry out these provisions prior to the scheduled
265	date established by the state land planning agency. The plan
266	amendments are exempt from the provisions of s. 163.3187(1).
267	6.  By January 1, 2004, any county having a population
268	greater than 100,000, and the municipalities and special
269	districts within that county, shall submit a report to the
270	Department of Community Affairs which:
271	a.  Identifies all existing or proposed interlocal service
272	delivery agreements regarding the following: education; sanitary
273	sewer; public safety; solid waste; drainage; potable water;
274	parks and recreation; and transportation facilities.
275	b.  Identifies any deficits or duplication in the provision
276	of services within its jurisdiction, whether capital or
277	operational. Upon request, the Department of Community Affairs
278	shall provide technical assistance to the local governments in
279	identifying deficits or duplication.
280	7.  Within 6 months after submission of the report, the
281	Department of Community Affairs shall, through the appropriate
282	regional planning council, coordinate a meeting of all local
283	governments within the regional planning area to discuss the
284	reports and potential strategies to remedy any identified
285	deficiencies or duplications.
286	8.  Each local government shall update its
287	intergovernmental coordination element based upon the findings
288	in the report submitted pursuant to subparagraph 6. The report
289	may be used as supporting data and analysis for the
290	intergovernmental coordination element.
291	(12)  A public school facilities element adopted to
292	implement a school concurrency program shall meet the
293	requirements of this subsection. Each county and each
294	municipality within the county, unless exempt or subject to a
295	waiver, must adopt a public school facilities element that is
296	consistent with those adopted by the other local governments
297	within the county and enter the interlocal agreement pursuant to
298	s. 163.31777.
299	(a)  The state land planning agency may provide a waiver to
300	a county and to the municipalities within the county if the
301	capacity rate for all schools within the school district is no
302	greater than 100 percent and the projected 5-year capital outlay
303	full-time equivalent student growth rate is less than 10
304	percent. The state land planning agency may allow for a
305	projected 5-year capital outlay full-time equivalent student
306	growth rate to exceed 10 percent when the projected 10-year
307	capital outlay full-time equivalent student enrollment is less
308	than 2,000 students and the capacity rate for all schools within
309	the school district in the tenth year will not exceed the 100-
310	percent limitation. The state land planning agency may allow for
311	a single school to exceed the 100-percent limitation if it can
312	be demonstrated that the capacity rate for that single school is
313	not greater than 105 percent. In making this determination, the
314	state land planning agency shall consider the following
315	criteria:
316	1.  Whether the exceedance is due to temporary
317	circumstances;
318	2.  Whether the projected 5-year capital outlay full time
319	equivalent student growth rate for the school district is
320	approaching the 10-percent threshold;
321	3.  Whether one or more additional schools within the
322	school district are at or approaching the 100-percent threshold;
323	and
324	4.  The adequacy of the data and analysis submitted to
325	support the waiver request.
326	(j)  Failure to adopt the public school facilities element,
327	to enter into an approved interlocal agreement as required by
328	subparagraph (6)(h)2. and s. 163.31777, or to amend the
329	comprehensive plan as necessary to implement school concurrency,
330	according to the phased schedule, shall result in a local
331	government being prohibited from adopting amendments to the
332	comprehensive plan which increase residential density until the
333	necessary amendments have been adopted and transmitted to the
334	state land planning agency.
335	(j)(k)  The state land planning agency may issue the school
336	board a notice to the school board and the local government to
337	show cause why sanctions should not be enforced for failure to
338	enter into an approved interlocal agreement as required by s.
339	163.31777 or for failure to implement the provisions of this act
340	relating to public school concurrency. If the state land
341	planning agency finds that insufficient cause exists for the
342	school board's or local government's failure to enter into an
343	approved interlocal agreement as required by s. 163.31777 or for
344	the school board's or local government's failure to implement
345	the provisions relating to public school concurrency, the state
346	land planning agency shall submit its finding to the
347	Administration Commission which may impose on the local
348	government any of the sanctions set forth in s. 163.3184(11)(a)
349	and (b) and may impose on the district school board any of the
350	sanctions set forth in s. 1008.32(4). The school board may be
351	subject to sanctions imposed by the Administration Commission
352	directing the Department of Education to withhold from the
353	district school board an equivalent amount of funds for school
354	construction available pursuant to ss. 1013.65, 1013.68,
355	1013.70, and 1013.72.
356	Section 3.  Subsections (5) and (10), and paragraphS (b)
357	and (e) of subsection (13) of section 163.3180, Florida
358	Statutes, are amended to read:
359	163.3180  Concurrency.--
360	(5)(a)  The Legislature finds that under limited
361	circumstances dealing with transportation facilities,
362	countervailing planning and public policy goals may come into
363	conflict with the requirement that adequate public
364	transportation facilities and services be available concurrent
365	with the impacts of such development. The Legislature further
366	finds that often the unintended result of the concurrency
367	requirement for transportation facilities is often the
368	discouragement of urban infill development and redevelopment.
369	Such unintended results directly conflict with the goals and
370	policies of the state comprehensive plan and the intent of this
371	part. The Legislature also finds that in urban centers
372	transportation cannot be effectively managed and mobility cannot
373	be improved solely through the expansion of roadway capacity,
374	that the expansion of roadway capacity is not always physically
375	or financially possible, and that a range of transportation
376	alternatives are essential to satisfy mobility needs, reduce
377	congestion, and achieve healthy, vibrant centers. Therefore,
378	exceptions from the concurrency requirement for transportation
379	facilities may be granted as provided by this subsection.
380	(b)1.  The following are transportation concurrency
381	exception areas:
382	a.  A municipality that qualifies as a dense urban land
383	area under s. 163.3164;
384	b.  An urban service area under s. 163.3164 that has been
385	adopted into the local comprehensive plan and is located within
386	a county that qualifies as a dense urban land area under s.
387	163.3164, except a limited urban service area may not be
388	included as an urban service area unless the parcel is defined
389	as provided in s. 163.3164(33); and
390	c.  A county, including the municipalities located therein,
391	which has a population of at least 900,000 and qualifies as a
392	dense urban land area under s. 163.3164, but does not have an
393	urban service area designated in the local comprehensive plan.
394	2.  A municipality that does not qualify as a dense urban
395	land area pursuant to s. 163.3164 may designate in its local
396	comprehensive plan the following areas as transportation
397	concurrency exception areas:
398	a.  Urban infill as defined in s. 163.3164;
399	b.  Community redevelopment areas as defined in s. 163.340;
400	c.  Downtown revitalization areas as defined in s.
401	163.3164;
402	d.  Urban infill and redevelopment under s. 163.2517; or
403	e.  Urban service areas as defined in s. 163.3164 or areas
404	within a designated urban service boundary under s.
405	163.3177(14).
406	3.  A county that does not qualify as a dense urban land
407	area pursuant to s. 163.3164 may designate in its local
408	comprehensive plan the following areas as transportation
409	concurrency exception areas:
410	a.  Urban infill as defined in s. 163.3164;
411	b.  Urban infill and redevelopment under s. 163.2517; or
412	c.  Urban service areas as defined in s. 163.3164.
413	4.  A local government that has a transportation
414	concurrency exception area designated pursuant to subparagraph
415	1., subparagraph 2., or subparagraph 3. shall, within 2 years
416	after the designated area becomes exempt, adopt into its local
417	comprehensive plan land use and transportation strategies to
418	support and fund mobility within the exception area, including
419	alternative modes of transportation. Local governments are
420	encouraged to adopt complementary land use and transportation
421	strategies that reflect the region's shared vision for its
422	future. If the state land planning agency finds insufficient
423	cause for the failure to adopt into its comprehensive plan land
424	use and transportation strategies to support and fund mobility
425	within the designated exception area after 2 years, it shall
426	submit the finding to the Administration Commission, which may
427	impose any of the sanctions set forth in s. 163.3184(11)(a) and
428	(b) against the local government.
429	5.  Transportation concurrency exception areas designated
430	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
431	do not apply to designated transportation concurrency districts
432	located within a county that has a population of at least 1.5
433	million, has implemented and uses a transportation-related
434	concurrency assessment to support alternative modes of
435	transportation, including, but not limited to, mass transit, and
436	does not levy transportation impact fees within the concurrency
437	district.
438	6.  A local government that does not have a transportation
439	concurrency exception area designated pursuant to subparagraph
440	1., subparagraph 2., or subparagraph 3. may grant an exception
441	from the concurrency requirement for transportation facilities
442	if the proposed development is otherwise consistent with the
443	adopted local government comprehensive plan and is a project
444	that promotes public transportation or is located within an area
445	designated in the comprehensive plan for:
446	a.1.  Urban infill development;
447	b.2.  Urban redevelopment;
448	c.3.  Downtown revitalization;
449	d.4.  Urban infill and redevelopment under s. 163.2517; or
450	e.5.  An urban service area specifically designated as a
451	transportation concurrency exception area which includes lands
452	appropriate for compact, contiguous urban development, which
453	does not exceed the amount of land needed to accommodate the
454	projected population growth at densities consistent with the
455	adopted comprehensive plan within the 10-year planning period,
456	and which is served or is planned to be served with public
457	facilities and services as provided by the capital improvements
458	element.
459	(c)  The Legislature also finds that developments located
460	within urban infill, urban redevelopment, existing urban
461	service, or downtown revitalization areas or areas designated as
462	urban infill and redevelopment areas under s. 163.2517, which
463	pose only special part-time demands on the transportation
464	system, are exempt should be excepted from the concurrency
465	requirement for transportation facilities. A special part-time
466	demand is one that does not have more than 200 scheduled events
467	during any calendar year and does not affect the 100 highest
468	traffic volume hours.
469	(d)  Except for transportation concurrency exception areas
470	designated pursuant to subparagraph (b)1., subparagraph (b)2.,
471	or subparagraph (b)3., the following requirements apply: A local
472	government shall establish guidelines in the comprehensive plan
473	for granting the exceptions authorized in paragraphs (b) and (c)
474	and subsections (7) and (15) which must be consistent with and
475	support a comprehensive strategy adopted in the plan to promote
476	the purpose of the exceptions.
477	1.(e)  The local government shall both adopt into the
478	comprehensive plan and implement long-term strategies to support
479	and fund mobility within the designated exception area,
480	including alternative modes of transportation. The plan
481	amendment must also demonstrate how strategies will support the
482	purpose of the exception and how mobility within the designated
483	exception area will be provided.
484	2.  In addition, The strategies must address urban design;
485	appropriate land use mixes, including intensity and density; and
486	network connectivity plans needed to promote urban infill,
487	redevelopment, or downtown revitalization. The comprehensive
488	plan amendment designating the concurrency exception area must
489	be accompanied by data and analysis supporting the local
490	government's determination of the boundaries of the
491	transportation concurrency exception justifying the size of the
492	area.
493	(e)(f)  Before designating Prior to the designation of a
494	concurrency exception area pursuant to subparagraph (b)6., the
495	state land planning agency and the Department of Transportation
496	shall be consulted by the local government to assess the impact
497	that the proposed exception area is expected to have on the
498	adopted level-of-service standards established for regional
499	transportation facilities identified pursuant to s. 186.507,
500	including the Strategic Intermodal System facilities, as defined
501	in s. 339.64, and roadway facilities funded in accordance with
502	s. 339.2819. Further, the local government shall provide a plan
503	for the mitigation of, in consultation with the state land
504	planning agency and the Department of Transportation, develop a
505	plan to mitigate any impacts to the Strategic Intermodal System,
506	including, if appropriate, access management, parallel reliever
507	roads, transportation demand management, and other measures the
508	development of a long-term concurrency management system
509	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
510	may be available only within the specific geographic area of the
511	jurisdiction designated in the plan. Pursuant to s. 163.3184,
512	any affected person may challenge a plan amendment establishing
513	these guidelines and the areas within which an exception could
514	be granted.
515	(g)  Transportation concurrency exception areas existing
516	prior to July 1, 2005, must, at a minimum, meet the provisions
517	of this section by July 1, 2006, or at the time of the
518	comprehensive plan update pursuant to the evaluation and
519	appraisal report, whichever occurs last.
520	(f)  The designation of a transportation concurrency
521	exception area does not limit a local government's home rule
522	power to adopt ordinances or impose fees. This subsection does
523	not affect any contract or agreement entered into or development
524	order rendered before the creation of the transportation
525	concurrency exception area except as provided in s.
526	380.06(29)(e).
527	(g)  The Office of Program Policy Analysis and Government
528	Accountability shall submit to the President of the Senate and
529	the Speaker of the House of Representatives by February 1, 2015,
530	a report on transportation concurrency exception areas created
531	pursuant to this subsection. At a minimum, the report shall
532	address the methods that local governments have used to
533	implement and fund transportation strategies to achieve the
534	purposes of designated transportation concurrency exception
535	areas, and the effects of the strategies on mobility,
536	congestion, urban design, the density and intensity of land use
537	mixes, and network connectivity plans used to promote urban
538	infill, redevelopment, or downtown revitalization.
539	(10)  Except in transportation concurrency exception areas,
540	with regard to roadway facilities on the Strategic Intermodal
541	System designated in accordance with s. ss. 339.61, 339.62,
542	339.63 , and 339.64, the Florida Intrastate Highway System as
543	defined in s. 338.001, and roadway facilities funded in
544	accordance with s. 339.2819, local governments shall adopt the
545	level-of-service standard established by the Department of
546	Transportation by rule. However, if the Office of Tourism,
547	Trade, and Economic Development concurs in writing with the
548	local government that the proposed development is for a
549	qualified job creation project under s. 288.0656 or s. 403.973,
550	the affected local government, after consulting with the
551	Department of Transportation, may provide for a waiver of
552	transportation concurrency for the project. For all other roads
553	on the State Highway System, local governments shall establish
554	an adequate level-of-service standard that need not be
555	consistent with any level-of-service standard established by the
556	Department of Transportation. In establishing adequate level-of-
557	service standards for any arterial roads, or collector roads as
558	appropriate, which traverse multiple jurisdictions, local
559	governments shall consider compatibility with the roadway
560	facility's adopted level-of-service standards in adjacent
561	jurisdictions. Each local government within a county shall use a
562	professionally accepted methodology for measuring impacts on
563	transportation facilities for the purposes of implementing its
564	concurrency management system. Counties are encouraged to
565	coordinate with adjacent counties, and local governments within
566	a county are encouraged to coordinate, for the purpose of using
567	common methodologies for measuring impacts on transportation
568	facilities for the purpose of implementing their concurrency
569	management systems.
570	(13)  School concurrency shall be established on a
571	districtwide basis and shall include all public schools in the
572	district and all portions of the district, whether located in a
573	municipality or an unincorporated area unless exempt from the
574	public school facilities element pursuant to s. 163.3177(12).
575	The application of school concurrency to development shall be
576	based upon the adopted comprehensive plan, as amended. All local
577	governments within a county, except as provided in paragraph
578	(f), shall adopt and transmit to the state land planning agency
579	the necessary plan amendments, along with the interlocal
580	agreement, for a compliance review pursuant to s. 163.3184(7)
581	and (8). The minimum requirements for school concurrency are the
582	following:
583	(b)  Level-of-service standards.--The Legislature
584	recognizes that an essential requirement for a concurrency
585	management system is the level of service at which a public
586	facility is expected to operate.
587	1.  Local governments and school boards imposing school
588	concurrency shall exercise authority in conjunction with each
589	other to establish jointly adequate level-of-service standards,
590	as defined in chapter 9J-5, Florida Administrative Code,
591	necessary to implement the adopted local government
592	comprehensive plan, based on data and analysis.
593	2.  Public school level-of-service standards shall be
594	included and adopted into the capital improvements element of
595	the local comprehensive plan and shall apply districtwide to all
596	schools of the same type. Types of schools may include
597	elementary, middle, and high schools as well as special purpose
598	facilities such as magnet schools.
599	3.  Local governments and school boards shall have the
600	option to utilize tiered level-of-service standards to allow
601	time to achieve an adequate and desirable level of service as
602	circumstances warrant.
603	4.  For the purpose of determining whether levels of
604	service have been achieved, for the first 3 years of school
605	concurrency implementation, a school district that includes
606	relocatable facilities in its inventory of student stations
607	shall include the capacity of such relocatable facilities as
608	provided in s. 1013.35(2)(b)2.f., provided the relocatable
609	facilities were purchased after 1998 and the relocatable
610	facilities meet the standards for long-term use pursuant to s.
611	1013.20.
612	(e)  Availability standard.--Consistent with the public
613	welfare, a local government may not deny an application for site
614	plan, final subdivision approval, or the functional equivalent
615	for a development or phase of a development authorizing
616	residential development for failure to achieve and maintain the
617	level-of-service standard for public school capacity in a local
618	school concurrency management system where adequate school
619	facilities will be in place or under actual construction within
620	3 years after the issuance of final subdivision or site plan
621	approval, or the functional equivalent. School concurrency is
622	satisfied if the developer executes a legally binding commitment
623	to provide mitigation proportionate to the demand for public
624	school facilities to be created by actual development of the
625	property, including, but not limited to, the options described
626	in subparagraph 1. Options for proportionate-share mitigation of
627	impacts on public school facilities must be established in the
628	public school facilities element and the interlocal agreement
629	pursuant to s. 163.31777.
630	1.  Appropriate mitigation options include the contribution
631	of land; the construction, expansion, or payment for land
632	acquisition or construction of a public school facility; the
633	construction of a charter school that complies with the
634	requirements of s. 1002.33(18)(f); or the creation of mitigation
635	banking based on the construction of a public school facility in
636	exchange for the right to sell capacity credits. Such options
637	must include execution by the applicant and the local government
638	of a development agreement that constitutes a legally binding
639	commitment to pay proportionate-share mitigation for the
640	additional residential units approved by the local government in
641	a development order and actually developed on the property,
642	taking into account residential density allowed on the property
643	prior to the plan amendment that increased the overall
644	residential density. The district school board must be a party
645	to such an agreement. As a condition of its entry into such a
646	development agreement, the local government may require the
647	landowner to agree to continuing renewal of the agreement upon
648	its expiration.
649	2.  If the education facilities plan and the public
650	educational facilities element authorize a contribution of land;
651	the construction, expansion, or payment for land acquisition; or
652	the construction or expansion of a public school facility, or a
653	portion thereof; or the construction of a charter school that
654	complies with the requirements of s. 1002.33(18)(f), as
655	proportionate-share mitigation, the local government shall
656	credit such a contribution, construction, expansion, or payment
657	toward any other impact fee or exaction imposed by local
658	ordinance for the same need, on a dollar-for-dollar basis at
659	fair market value.
660	3.  Any proportionate-share mitigation must be directed by
661	the school board toward a school capacity improvement identified
662	in a financially feasible 5-year district work plan that
663	satisfies the demands created by the development in accordance
664	with a binding developer's agreement.
665	4.  If a development is precluded from commencing because
666	there is inadequate classroom capacity to mitigate the impacts
667	of the development, the development may nevertheless commence if
668	there are accelerated facilities in an approved capital
669	improvement element scheduled for construction in year four or
670	later of such plan which, when built, will mitigate the proposed
671	development, or if such accelerated facilities will be in the
672	next annual update of the capital facilities element, the
673	developer enters into a binding, financially guaranteed
674	agreement with the school district to construct an accelerated
675	facility within the first 3 years of an approved capital
676	improvement plan, and the cost of the school facility is equal
677	to or greater than the development's proportionate share. When
678	the completed school facility is conveyed to the school
679	district, the developer shall receive impact fee credits usable
680	within the zone where the facility is constructed or any
681	attendance zone contiguous with or adjacent to the zone where
682	the facility is constructed.
683	5.  This paragraph does not limit the authority of a local
684	government to deny a development permit or its functional
685	equivalent pursuant to its home rule regulatory powers, except
686	as provided in this part.
687	Section 4.  Paragraph (d) of subsection (3) of section
688	163.31801, Florida Statutes, is amended to read:
689	163.31801  Impact fees; short title; intent; definitions;
690	ordinances levying impact fees.--
691	(3)  An impact fee adopted by ordinance of a county or
692	municipality or by resolution of a special district must, at
693	minimum:
694	(d)  Require that notice be provided no less than 90 days
695	before the effective date of an ordinance or resolution imposing
696	a new or increased amended impact fee. A county or municipality
697	is not required to wait 90 days to decrease, suspend, or
698	eliminate an impact fee.
699	Section 5.  Section 163.31802, Florida Statutes, is created
700	to read:
701	163.31802  Prohibited standards for security devices.--A
702	county, municipality, or other entity of local government may
703	not adopt or maintain in effect an ordinance or rule that
704	establishes standards for security cameras that require a lawful
705	business to expend funds to enhance the services or functions
706	provided by local government unless specifically provided by
707	general law. Nothing in this section shall be construed to limit
708	the ability of a county, municipality, airport, seaport, or
709	other local governmental entity to adopt standards for security
710	cameras in publicly operated facilities, including standards for
711	private businesses operating within such public facilities
712	pursuant to a lease or other contractual arrangement.
713	Section 6.  Paragraph (b) of subsection (1) of section
714	163.3184, Florida Statutes, is amended, and paragraph (e) is
715	added to subsection (3) of that section, to read:
716	163.3184  Process for adoption of comprehensive plan or
717	plan amendment.--
718	(1)  DEFINITIONS.--As used in this section, the term:
719	(b)  "In compliance" means consistent with the requirements
720	of ss. 163.3177, when a local government adopts an educational
721	facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
722	with the state comprehensive plan, with the appropriate
723	strategic regional policy plan, and with chapter 9J-5, Florida
724	Administrative Code, where such rule is not inconsistent with
725	this part and with the principles for guiding development in
726	designated areas of critical state concern and with part III of
727	chapter 369, where applicable.
728	(3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
729	AMENDMENT.--
730	(e)  At the request of an applicant, a local government
731	shall consider an application for zoning changes that would be
732	required to properly enact the provisions of any proposed plan
733	amendment transmitted pursuant to this subsection. Zoning
734	changes approved by the local government are contingent upon the
735	state land planning agency issuing a notice of intent to find
736	that the comprehensive plan or plan amendment transmitted is in
737	compliance with this act.
738	Section 7.  Paragraphs (b) and (f) of subsection (1) of
739	section 163.3187, Florida Statutes, are amended, and paragraph
740	(q) is added to that subsection, to read:
741	163.3187  Amendment of adopted comprehensive plan.--
742	(1)  Amendments to comprehensive plans adopted pursuant to
743	this part may be made not more than two times during any
744	calendar year, except:
745	(b)  Any local government comprehensive plan amendments
746	directly related to a proposed development of regional impact,
747	including changes which have been determined to be substantial
748	deviations and including Florida Quality Developments pursuant
749	to s. 380.061, may be initiated by a local planning agency and
750	considered by the local governing body at the same time as the
751	application for development approval using the procedures
752	provided for local plan amendment in this section and applicable
753	local ordinances, without regard to statutory or local ordinance
754	limits on the frequency of consideration of amendments to the
755	local comprehensive plan. Nothing in this subsection shall be
756	deemed to require favorable consideration of a plan amendment
757	solely because it is related to a development of regional
758	impact.
759	(f)  Any comprehensive plan amendment that changes the
760	schedule in The capital improvements element annual update
761	required in s. 163.3177(3)(b)1., and any amendments directly
762	related to the schedule, may be made once in a calendar year on
763	a date different from the two times provided in this subsection
764	when necessary to coincide with the adoption of the local
765	government's budget and capital improvements program.
766	(q)  Any local government plan amendment to designate an
767	urban service area as a transportation concurrency exception
768	area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
769	development-of-regional-impact process under s. 380.06(29).
770	Section 9.  Subsections (12), (13), and (14) of section
771	163.3246, Florida Statutes, are amended, and a new subsection
772	(12) is added to that section, to read:
773	163.3246  Local government comprehensive planning
774	certification program.--
775	(12)  Notwithstanding subsections (2), (4), (5), (6), and
776	(7), any county that has an average population density of at
777	least 3,000 residents per square mile and any municipality that
778	has a population greater than 100,000 and an average of at least
779	3,000 residents per square mile shall be considered certified.
780	For any plan amendment within a qualified municipality that also
781	requires an amendment of the comprehensive plan of the county,
782	the associated county plan amendment shall also be subject to
783	this section.
784	(a)  The population and density needed to identify local
785	governments that qualify for certification under this subsection
786	shall be determined annually by the Office of Economic and
787	Demographic Research using the most recent land area data from
788	the decennial census conducted by the Bureau of the Census of
789	the United States Department of Commerce and the latest
790	available population estimates determined pursuant to s.
791	186.901. The office shall annually submit to the state land
792	planning agency a list of jurisdictions that meet the total
793	population and density criteria necessary to qualify for
794	certification. For each local government identified by the
795	Office of Economic and Demographic Research as meeting the
796	certification criteria in this subsection, the state land
797	planning agency shall provide a written notice of certification
798	to the local government, which shall be considered final agency
799	action subject to challenge under s. 120.569. The notice of
800	certification shall include a requirement that the local
801	government submit a monitoring report at least every 2 years
802	according to the schedule provided in the written notice. The
803	monitoring report shall include the number of amendments to the
804	comprehensive plan adopted by the local government, the number
805	of plan amendments challenged by an affected person, and the
806	disposition of those challenges.
807	(b)  The state land planning agency may issue a notice to
808	the local government to show cause why sanctions should not be
809	enforced for failure to submit the required monitoring report
810	pursuant to paragraph (a). The state land planning agency may
811	recommend to the Administration Commission that the
812	certification provided by this subsection be revoked for failure
813	by the local government to submit the monitoring report within
814	90 days after the issuance of a notice to show cause.
815	Additionally, the state land planning agency may recommend to
816	the Administration Commission that the certification be revoked
817	for any local government certified pursuant to this subsection
818	when the agency finds an excessive number of plan amendments
819	have had a determination that the plan is not in compliance. The
820	Administration Commission's decision to revoke certification
821	shall be considered agency action subject to challenge under s.
822	120.569.
823	(13)(12)  A local government's certification shall be
824	reviewed by the local government and the state land planning
825	agency department as part of the evaluation and appraisal
826	process pursuant to s. 163.3191. Within 1 year after the
827	deadline for the local government to update its comprehensive
828	plan based on the evaluation and appraisal report, the state
829	land planning agency department shall renew or revoke the
830	certification. The local government's failure to adopt a timely
831	evaluation and appraisal report, failure to adopt an evaluation
832	and appraisal report found to be sufficient, or failure to
833	timely adopt amendments based on an evaluation and appraisal
834	report found to be in compliance by the state land planning
835	agency department shall be cause for revoking the certification
836	agreement. The state land planning agency's department's
837	decision to renew or revoke shall be considered agency action
838	subject to challenge under s. 120.569.
839	(14)(13)  The state land planning agency department shall,
840	by October July 1 of each odd-numbered year, submit to the
841	Governor, the President of the Senate, and the Speaker of the
842	House of Representatives a report listing certified local
843	governments, evaluating the effectiveness of the certification,
844	and including any recommendations for legislative actions.
845	(14)  The Office of Program Policy Analysis and Government
846	Accountability shall prepare a report evaluating the
847	certification program, which shall be submitted to the Governor,
848	the President of the Senate, and the Speaker of the House of
849	Representatives by December 1, 2007.
850	Section 10.  Subsection (2) of section 163.32465, Florida
851	Statutes, is amended to read:
852	163.32465  State review of local comprehensive plans in
853	urban areas.--
854	(2)  ALTERNATIVE STATE REVIEW PROCESS PILOT
855	PROGRAM.--Pinellas and Broward County Counties, and the
856	municipalities within Broward and Pinellas Counties these
857	counties, and the City of Jacksonville, Miami, Tampa, and
858	Hialeah shall follow an alternative state review process
859	provided in this section. Municipalities within the pilot
860	counties may elect, by super majority vote of the governing
861	body, not to participate in the pilot program.  In addition to
862	the pilot program jurisdictions, any local government may use
863	the alternative state review process to designate an urban
864	service area as defined in s. 163.3164(29) in its comprehensive
865	plan.
866	Section 11.  Section 171.091, Florida Statutes, is amended
867	to read:
868	171.091  Recording.--Any change in the municipal boundaries
869	through annexation or contraction shall revise the charter
870	boundary article and shall be filed as a revision of the charter
871	with the Department of State within 30 days. A copy of such
872	revision must be submitted to the Office of Economic and
873	Demographic Research along with a statement specifying the
874	population census effect and the affected land area.
875	Section 12.  Section 186.509, Florida Statutes, is amended
876	to read:
877	186.509  Dispute resolution process.--Each regional
878	planning council shall establish by rule a dispute resolution
879	process to reconcile differences on planning and growth
880	management issues between local governments, regional agencies,
881	and private interests. The dispute resolution process shall,
882	within a reasonable set of timeframes, provide for: voluntary
883	meetings among the disputing parties; if those meetings fail to
884	resolve the dispute, initiation of mandatory voluntary mediation
885	or a similar process; if that process fails, initiation of
886	arbitration or administrative or judicial action, where
887	appropriate. The council shall not utilize the dispute
888	resolution process to address disputes involving environmental
889	permits or other regulatory matters unless requested to do so by
890	the parties. The resolution of any issue through the dispute
891	resolution process shall not alter any person's right to a
892	judicial determination of any issue if that person is entitled
893	to such a determination under statutory or common law.
894	Section 13.  Subsections (24) and (28) of section 380.06,
895	Florida Statutes, are amended, and subsection (29) is added to
896	that section, to read:
897	380.06  Developments of regional impact.--
898	(24)  STATUTORY EXEMPTIONS.--
899	(a)  Any proposed hospital is exempt from the provisions of
900	this section.
901	(b)  Any proposed electrical transmission line or
902	electrical power plant is exempt from the provisions of this
903	section.
904	(c)  Any proposed addition to an existing sports facility
905	complex is exempt from the provisions of this section if the
906	addition meets the following characteristics:
907	1.  It would not operate concurrently with the scheduled
908	hours of operation of the existing facility.
909	2.  Its seating capacity would be no more than 75 percent
910	of the capacity of the existing facility.
911	3.  The sports facility complex property is owned by a
912	public body prior to July 1, 1983.
913
914	This exemption does not apply to any pari-mutuel facility.
915	(d)  Any proposed addition or cumulative additions
916	subsequent to July 1, 1988, to an existing sports facility
917	complex owned by a state university is exempt if the increased
918	seating capacity of the complex is no more than 30 percent of
919	the capacity of the existing facility.
920	(e)  Any addition of permanent seats or parking spaces for
921	an existing sports facility located on property owned by a
922	public body prior to July 1, 1973, is exempt from the provisions
923	of this section if future additions do not expand existing
924	permanent seating or parking capacity more than 15 percent
925	annually in excess of the prior year's capacity.
926	(f)  Any increase in the seating capacity of an existing
927	sports facility having a permanent seating capacity of at least
928	50,000 spectators is exempt from the provisions of this section,
929	provided that such an increase does not increase permanent
930	seating capacity by more than 5 percent per year and not to
931	exceed a total of 10 percent in any 5-year period, and provided
932	that the sports facility notifies the appropriate local
933	government within which the facility is located of the increase
934	at least 6 months prior to the initial use of the increased
935	seating, in order to permit the appropriate local government to
936	develop a traffic management plan for the traffic generated by
937	the increase. Any traffic management plan shall be consistent
938	with the local comprehensive plan, the regional policy plan, and
939	the state comprehensive plan.
940	(g)  Any expansion in the permanent seating capacity or
941	additional improved parking facilities of an existing sports
942	facility is exempt from the provisions of this section, if the
943	following conditions exist:
944	1.a.  The sports facility had a permanent seating capacity
945	on January 1, 1991, of at least 41,000 spectator seats;
946	b.  The sum of such expansions in permanent seating
947	capacity does not exceed a total of 10 percent in any 5-year
948	period and does not exceed a cumulative total of 20 percent for
949	any such expansions; or
950	c.  The increase in additional improved parking facilities
951	is a one-time addition and does not exceed 3,500 parking spaces
952	serving the sports facility; and
953	2.  The local government having jurisdiction of the sports
954	facility includes in the development order or development permit
955	approving such expansion under this paragraph a finding of fact
956	that the proposed expansion is consistent with the
957	transportation, water, sewer and stormwater drainage provisions
958	of the approved local comprehensive plan and local land
959	development regulations relating to those provisions.
960
961	Any owner or developer who intends to rely on this statutory
962	exemption shall provide to the department a copy of the local
963	government application for a development permit. Within 45 days
964	of receipt of the application, the department shall render to
965	the local government an advisory and nonbinding opinion, in
966	writing, stating whether, in the department's opinion, the
967	prescribed conditions exist for an exemption under this
968	paragraph. The local government shall render the development
969	order approving each such expansion to the department. The
970	owner, developer, or department may appeal the local government
971	development order pursuant to s. 380.07, within 45 days after
972	the order is rendered. The scope of review shall be limited to
973	the determination of whether the conditions prescribed in this
974	paragraph exist. If any sports facility expansion undergoes
975	development-of-regional-impact review, all previous expansions
976	which were exempt under this paragraph shall be included in the
977	development-of-regional-impact review.
978	(h)  Expansion to port harbors, spoil disposal sites,
979	navigation channels, turning basins, harbor berths, and other
980	related inwater harbor facilities of ports listed in s.
981	403.021(9)(b), port transportation facilities and projects
982	listed in s. 311.07(3)(b), and intermodal transportation
983	facilities identified pursuant to s. 311.09(3) are exempt from
984	the provisions of this section when such expansions, projects,
985	or facilities are consistent with comprehensive master plans
986	that are in compliance with the provisions of s. 163.3178.
987	(i)  Any proposed facility for the storage of any petroleum
988	product or any expansion of an existing facility is exempt from
989	the provisions of this section.
990	(j)  Any renovation or redevelopment within the same land
991	parcel which does not change land use or increase density or
992	intensity of use.
993	(k)  Waterport and marina development, including dry
994	storage facilities, are exempt from the provisions of this
995	section.
996	(l)  Any proposed development within an urban service
997	boundary established under s. 163.3177(14), which is not
998	otherwise exempt pursuant to subsection (29), is exempt from the
999	provisions of this section if the local government having
1000	jurisdiction over the area where the development is proposed has
1001	adopted the urban service boundary, has entered into a binding
1002	agreement with jurisdictions that would be impacted and with the
1003	Department of Transportation regarding the mitigation of impacts
1004	on state and regional transportation facilities, and has adopted
1005	a proportionate share methodology pursuant to s. 163.3180(16).
1006	(m)  Any proposed development within a rural land
1007	stewardship area created under s. 163.3177(11)(d) is exempt from
1008	the provisions of this section if the local government that has
1009	adopted the rural land stewardship area has entered into a
1010	binding agreement with jurisdictions that would be impacted and
1011	the Department of Transportation regarding the mitigation of
1012	impacts on state and regional transportation facilities, and has
1013	adopted a proportionate share methodology pursuant to s.
1014	163.3180(16).
1015	(n)  Any proposed development or redevelopment within an
1016	area designated as an urban infill and redevelopment area under
1017	s. 163.2517 is exempt from this section if the local government
1018	has entered into a binding agreement with jurisdictions that
1019	would be impacted and the Department of Transportation regarding
1020	the mitigation of impacts on state and regional transportation
1021	facilities, and has adopted a proportionate share methodology
1022	pursuant to s. 163.3180(16).
1023	(n)(o)  The establishment, relocation, or expansion of any
1024	military installation as defined in s. 163.3175, is exempt from
1025	this section.
1026	(o)(p)  Any self-storage warehousing that does not allow
1027	retail or other services is exempt from this section.
1028	(p)(q)  Any proposed nursing home or assisted living
1029	facility is exempt from this section.
1030	(q)(r)  Any development identified in an airport master
1031	plan and adopted into the comprehensive plan pursuant to s.
1032	163.3177(6)(k) is exempt from this section.
1033	(r)(s)  Any development identified in a campus master plan
1034	and adopted pursuant to s. 1013.30 is exempt from this section.
1035	(s)(t)  Any development in a specific area plan which is
1036	prepared pursuant to s. 163.3245 and adopted into the
1037	comprehensive plan is exempt from this section.
1038	(t)(u)  Any development within a county with a research and
1039	education authority created by special act and that is also
1040	within a research and development park that is operated or
1041	managed by a research and development authority pursuant to part
1042	V of chapter 159 is exempt from this section.
1043
1044	If a use is exempt from review as a development of regional
1045	impact under paragraphs (a)-(s)(t), but will be part of a larger
1046	project that is subject to review as a development of regional
1047	impact, the impact of the exempt use must be included in the
1048	review of the larger project, unless such exempt use involves a
1049	development of regional impact for a landowner, tenant, or user
1050	that has entered into a funding agreement with the Office of
1051	Tourism, Trade, and Economic Development under the Innovation
1052	Incentive Program and the agreement contemplates a state award
1053	of at least $50 million.
1054	(28)  PARTIAL STATUTORY EXEMPTIONS.--
1055	(a)  If the binding agreement referenced under paragraph
1056	(24)(l) for urban service boundaries is not entered into within
1057	12 months after establishment of the urban service boundary, the
1058	development-of-regional-impact review for projects within the
1059	urban service boundary must address transportation impacts only.
1060	(b)  If the binding agreement referenced under paragraph
1061	(24)(m) for rural land stewardship areas is not entered into
1062	within 12 months after the designation of a rural land
1063	stewardship area, the development-of-regional-impact review for
1064	projects within the rural land stewardship area must address
1065	transportation impacts only.
1066	(c)  If the binding agreement referenced under paragraph
1067	(24)(n) for designated urban infill and redevelopment areas is
1068	not entered into within 12 months after the designation of the
1069	area or July 1, 2007, whichever occurs later, the development-
1070	of-regional-impact review for projects within the urban infill
1071	and redevelopment area must address transportation impacts only.
1072	(d)  A local government that does not wish to enter into a
1073	binding agreement or that is unable to agree on the terms of the
1074	agreement referenced under paragraph (24)(l) or, paragraph
1075	(24)(m), or paragraph (24)(n) shall provide written notification
1076	to the state land planning agency of the decision to not enter
1077	into a binding agreement or the failure to enter into a binding
1078	agreement within the 12-month period referenced in paragraphs
1079	(a), (b) and (c). Following the notification of the state land
1080	planning agency, development-of-regional-impact review for
1081	projects within an urban service boundary under paragraph
1082	(24)(l), or a rural land stewardship area under paragraph
1083	(24)(m), or an urban infill and redevelopment area under
1084	paragraph (24)(n), must address transportation impacts only.
1085	(e)  The vesting provision of s. 163.3167(8) relating to an
1086	authorized development of regional impact shall not apply to
1087	those projects partially exempt from the development-of-
1088	regional-impact review process under paragraphs (a)-(d).
1089	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.--
1090	(a)  The following are exempt from this section:
1091	1.  Any proposed development in a municipality that
1092	qualifies as a dense urban land area as defined in s. 163.3164;
1093	2.  Any proposed development within a county that qualifies
1094	as a dense urban land area as defined in s. 163.3164 and that is
1095	located within an urban service area defined in s. 163.3164
1096	which has been adopted into the comprehensive plan; or
1097	3.  Any proposed development within a county, including the
1098	municipalities located therein, which has a population of at
1099	least 900,000, which qualifies as a dense urban land area under
1100	s. 163.3164, but which does not have an urban service area
1101	designated in the comprehensive plan.
1102	(b)  If a municipality that does not qualify as a dense
1103	urban land area pursuant to s. 163.3164 designates any of the
1104	following areas in its comprehensive plan, any proposed
1105	development within the designated area is exempt from the
1106	development-of-regional-impact process:
1107	1.  Urban infill as defined in s. 163.3164;
1108	2.  Community redevelopment areas as defined in s. 163.340;
1109	3.  Downtown revitalization areas as defined in s.
1110	163.3164;
1111	4.  Urban infill and redevelopment under s. 163.2517; or
1112	5.  Urban service areas as defined in s. 163.3164 or areas
1113	within a designated urban service boundary under s.
1114	163.3177(14).
1115	(c)  If a county that does not qualify as a dense urban
1116	land area pursuant to s. 163.3164 designates any of the
1117	following areas in its comprehensive plan, any proposed
1118	development within the designated area is exempt from the
1119	development-of-regional-impact process:
1120	1.  Urban infill as defined in s. 163.3164;
1121	2.  Urban infill and redevelopment under s. 163.2517; or
1122	3.  Urban service areas as defined in s. 163.3164.
1123	(d)  A development that is located partially outside an
1124	area that is exempt from the development-of-regional-impact
1125	program must undergo development-of-regional-impact review
1126	pursuant to this section.
1127	(e)  In an area that is exempt under paragraphs (a)-(c),
1128	any previously approved development-of-regional-impact
1129	development orders shall continue to be effective, but the
1130	developer has the option to be governed by s. 380.115(1). A
1131	pending application for development approval shall be governed
1132	by s. 380.115(2). A development that has a pending application
1133	for a comprehensive plan amendment and that elects not to
1134	continue development-of-regional-impact review is exempt from
1135	the limitation on plan amendments set forth in s. 163.3187(1)
1136	for the year following the effective date of the exemption.
1137	(f)  Local governments must submit by mail a development
1138	order to the state land planning agency for projects that would
1139	be larger than 120 percent of any applicable development-of
1140	regional-impact threshold and would require development-of-
1141	regional-impact review but for the exemption from the program
1142	under paragraphs (a)-(c). For such development orders, the state
1143	land planning agency may appeal the development order pursuant
1144	to s. 380.07 for inconsistency with the comprehensive plan
1145	adopted under chapter 163.
1146	(g)  If a local government that qualifies as a dense urban
1147	land area under this subsection is subsequently found to be
1148	ineligible for designation as a dense urban land area, any
1149	development located within that area which has a complete,
1150	pending application for authorization to commence development
1151	may maintain the exemption if the developer is continuing the
1152	application process in good faith or the development is
1153	approved.
1154	(h)  This subsection does not limit or modify the rights of
1155	any person to complete any development that has been authorized
1156	as a development of regional impact pursuant to this chapter.
1157	(i)  This subsection does not apply to areas:
1158	1.  Within the boundary of any area of critical state
1159	concern designated pursuant to s. 380.05;
1160	2.  Within the boundary of the Wekiva Study Area as
1161	described in s. 369.316; or
1162	3.  Within 2 miles of the boundary of the Everglades
1163	Protection Area as described in s. 373.4592(2).
1164	Section 14.  (1)(a)  The Legislature finds that the
1165	existing transportation concurrency system has not adequately
1166	addressed the transportation needs of this state in an
1167	effective, predictable, and equitable manner and is not
1168	producing a sustainable transportation system for the state. The
1169	Legislature finds that the current system is complex,
1170	inequitable, lacks uniformity among jurisdictions, is too
1171	focused on roadways to the detriment of desired land use
1172	patterns and transportation alternatives, and frequently
1173	prevents the attainment of important growth management goals.
1174	(b)  The Legislature determines that the state shall
1175	evaluate and consider the implementation of a mobility fee to
1176	replace the existing transportation concurrency system. The
1177	mobility fee should be designed to provide for mobility needs,
1178	ensure that development provides mitigation for its impacts on
1179	the transportation system in approximate proportionality to
1180	those impacts, fairly distribute the fee among the governmental
1181	entities responsible for maintaining the impacted roadways, and
1182	promote compact, mixed-use, and energy-efficient development.
1183	(2)  The state land planning agency and the Department of
1184	Transportation shall continue their respective current mobility
1185	fee studies and develop and submit to the President of the
1186	Senate and the Speaker of the House of Representatives, no later
1187	than December 1, 2009, a final joint report on the mobility fee
1188	methodology study, complete with recommended legislation and a
1189	plan to implement the mobility fee as a replacement for the
1190	existing local government adopted and implemented transportation
1191	concurrency management systems. The final joint report shall
1192	also contain, but is not limited to, an economic analysis of
1193	implementation of the mobility fee, activities necessary to
1194	implement the fee, and potential costs and benefits at the state
1195	and local levels and to the private sector.
1196	Section 15.  (1)  Except as provided in subsection (4), and
1197	in recognition of 2009 real estate market conditions, any permit
1198	issued by the Department of Environmental Protection or a water
1199	management district pursuant to part IV of chapter 373, Florida
1200	Statutes, that has an expiration date of September 1, 2008,
1201	through January 1, 2012, is extended and renewed for a period of
1202	2 years following its date of expiration. This extension
1203	includes any local government-issued development order or
1204	building permit. The 2-year extension also applies to build out
1205	dates including any build out date extension previously granted
1206	under s. 380.06(19)(c). This section shall not be construed to
1207	prohibit conversion from the construction phase to the operation
1208	phase upon completion of construction.
1209	(2)  The commencement and completion dates for any required
1210	mitigation associated with a phased construction project shall
1211	be extended such that mitigation takes place in the same
1212	timeframe relative to the phase as originally permitted.
1213	(3)  The holder of a valid permit or other authorization
1214	that is eligible for the 2-year extension shall notify the
1215	authorizing agency in writing no later than December 31, 2009,
1216	identifying the specific authorization for which the holder
1217	intends to use the extension and the anticipated timeframe for
1218	acting on the authorization.
1219	(4)  The extension provided for in subsection (1) does not
1220	apply to:
1221	(a)  A permit or other authorization under any programmatic
1222	or regional general permit issued by the Army Corps of
1223	Engineers.
1224	(b)  A permit or other authorization held by an owner or
1225	operator determined to be in significant noncompliance with the
1226	conditions of the permit or authorization as established through
1227	the issuance of a warning letter or notice of violation, the
1228	initiation of formal enforcement, or other equivalent action by
1229	the authorizing agency.
1230	(c)  A permit or other authorization, if granted an
1231	extension, that would delay or prevent compliance with a court
1232	order.
1233	(5)  Permits extended under this section shall continue to
1234	be governed by rules in effect at the time the permit was
1235	issued, except when it can be demonstrated that the rules in
1236	effect at the time the permit was issued would create an
1237	immediate threat to public safety or health. This provision
1238	shall apply to any modification of the plans, terms, and
1239	conditions of the permit that lessens the environmental impact,
1240	except that any such modification shall not extend the time
1241	limit beyond 2 additional years.
1242	(6)  Nothing in this section shall impair the authority of
1243	a county or municipality to require the owner of a property,
1244	that has notified the county or municipality of the owner's
1245	intention to receive the extension of time granted by this
1246	section, to maintain and secure the property in a safe and
1247	sanitary condition in compliance with applicable laws and
1248	ordinances.
1249	Section 16.  The Legislature finds that this act fulfills
1250	an important state interest.
1251	Section 17.  This act shall take effect upon becoming a
1252	law.
1253
1254	-----------------------------------------------------
1255	T I T L E  A M E N D M E N T
1256	Remove the entire title and insert:
1257	A bill to be entitled
1258	An act relating to growth management; providing a short
1259	title; amending s. 163.3164, F.S.; revising the definition
1260	of the term "existing urban service area"; providing a
1261	definition for the term "dense urban land area" and
1262	providing requirements of the Office of Economic and
1263	Demographic Research and the state land planning agency
1264	with respect thereto; amending s. 163.3177, F.S.; revising
1265	requirements for adopting amendments to the capital
1266	improvements element of a local comprehensive plan;
1267	revising requirements for future land use plan elements
1268	and intergovernmental coordination elements of a local
1269	comprehensive plan; revising requirements for the public
1270	school facilities element implementing a school
1271	concurrency program; deleting a penalty for local
1272	governments that fail to adopt a public school facilities
1273	element and interlocal agreement; authorizing the
1274	Administration Commission to impose sanctions; deleting
1275	authority of the Administration Commission to impose
1276	sanctions on a school board; amending s. 163.3180, F.S.;
1277	revising concurrency requirements; providing legislative
1278	findings relating to transportation concurrency exception
1279	areas; providing for the applicability of transportation
1280	concurrency exception areas; deleting certain requirements
1281	for transportation concurrency exception areas; providing
1282	that the designation of a transportation concurrency
1283	exception area does not limit a local government's home
1284	rule power to adopt ordinances or impose fees and does not
1285	affect any contract or agreement entered into or
1286	development order rendered before such designation;
1287	requiring the Office of Program Policy Analysis and
1288	Government Accountability to submit a report to the
1289	Legislature concerning the effects of the transportation
1290	concurrency exception areas; authorizing local governments
1291	to provide for a waiver of transportation concurrency
1292	requirements for certain projects under certain
1293	circumstances; revising school concurrency requirements;
1294	requiring charter schools to be considered as a mitigation
1295	option under certain circumstances; amending s. 163.31801,
1296	F.S.; revising requirements for adoption of impact fees;
1297	creating s. 163.31802, F.S.; prohibiting establishment of
1298	local standards for security cameras requiring businesses
1299	to expend funds to enhance local governmental services or
1300	functions under certain circumstances; amending s.
1301	163.3184, F.S.; revising a definition; requiring local
1302	governments to consider applications for certain zoning
1303	changes required to comply with proposed plan amendments;
1304	amending s. 163.3187, F.S.; revising certain comprehensive
1305	plan amendments that are exempt from the twice-per-year
1306	limitation; exempting certain additional comprehensive
1307	plan amendments from the twice-per-year limitation;
1308	amending s. 163.3246, F.S.; specifying certain counties
1309	and municipalities as certified under the local government
1310	comprehensive planning certification program; providing
1311	duties and responsibilities of the Office of Economic and
1312	Demographic Research; providing certification
1313	requirements; requiring such local governments to submit
1314	monitoring reports; providing report requirements;
1315	providing duties and responsibilities of the state land
1316	planning agency; providing authority to enforce sanctions
1317	and revoke certifications; deleting a reporting
1318	requirement for the Office of Program Policy Analysis and
1319	Government Accountability; amending s. 163.32465, F.S.;
1320	revising alternative state review process pilot program
1321	jurisdictions; authorizing local governments to use the
1322	alternative state review process to designate urban
1323	service areas; amending s. 171.091, F.S.; requiring that a
1324	municipality submit a copy of any revision to the charter
1325	boundary article which results from an annexation or
1326	contraction to the Office of Economic and Demographic
1327	Research; amending s. 186.509, F.S.; revising provisions
1328	relating to a dispute resolution process to reconcile
1329	differences on planning and growth management issues
1330	between certain parties of interest; providing for
1331	mandatory mediation; amending s. 380.06, F.S.; revising
1332	statutory exemptions from the development of the regional
1333	impact review process; providing exemptions for dense
1334	urban land areas from the development-of-regional-impact
1335	program; providing exceptions; providing legislative
1336	findings and determinations relating to replacing the
1337	existing transportation concurrency system with a mobility
1338	fee system; requiring the state land planning agency and
1339	the Department of Transportation to continue mobility fee
1340	studies; requiring a joint report on a mobility fee
1341	methodology study to the Legislature; specifying report
1342	requirements; correcting cross-references; providing for
1343	extending and renewing certain permits subject to certain
1344	expiration dates; providing for application of the
1345	extension to certain related activities; providing for
1346	extension of commencement and completion dates; requiring
1347	permitholders to notify authorizing agencies of intent to
1348	use the extension and anticipated time of the extension;
1349	specifying nonapplication to certain permits; providing
1350	for application of certain rules to extended permits;
1351	preserving the authority of counties and municipalities to
1352	impose certain security and sanitary requirements on
1353	property owners under certain circumstances; requiring
1354	permitholders to notify permitting agencies of intent to
1355	use the extension; providing a legislative declaration of
1356	important state interest; providing an effective date.

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