Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 360
Barcode 404522
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/19/2009 .
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The Policy and Steering Committee on Ways and Means (Siplin)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Community Renewal
6 Act.”
7 Section 2. 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 such as sewage treatment systems,
15 roads, schools, and recreation areas, are already in place. In
16 addition, areas identified in the comprehensive plan as urban
17 service areas or urban growth boundaries on or before July 1,
18 2009, which are located within counties that qualify as dense
19 urban land areas under subsection (34) by July 1, 2009, are also
20 urban service areas under this definition.
21 (34) “Dense urban land area” means:
22 (a) A municipality that has an average of at least 1,000
23 people per square mile of land area and a minimum total
24 population of at least 5,000;
25 (b) A county, including the municipalities located therein,
26 which has an average of at least 1,000 people per square mile of
27 land area; or
28 (c) A county, including the municipalities located therein,
29 which has a population of at least 1 million.
30
31 The Office of Economic and Demographic Research within the
32 Legislature shall annually calculate the population and density
33 criteria needed to determine which jurisdictions qualify as
34 dense urban land areas by using the most recent land area data
35 from the decennial census conducted by the Bureau of the Census
36 of the United States Department of Commerce and the latest
37 available population estimates determined pursuant to s.
38 186.901. If any local government has had an annexation,
39 contraction, or new incorporation, the Office of Economic and
40 Demographic Research shall determine the population density
41 using the new jurisdictional boundaries as recorded in
42 accordance with s. 171.091. The Office of Economic and
43 Demographic Research shall submit to the state land planning
44 agency a list of jurisdictions that meet the total population
45 and density criteria necessary for designation as a dense urban
46 land area by July 1, 2009, and every year thereafter. The state
47 land planning agency shall publish the list of jurisdictions on
48 its Internet website within 7 days after the list is received.
49 The designation of jurisdictions that qualify or do not qualify
50 as a dense urban land area is effective upon publication on the
51 state land planning agency’s Internet website.
52 Section 3. Paragraph (b) of subsection (3), paragraph (a)
53 of subsection (4), paragraph (h) of subsection (6), and
54 paragraphs (j) and (k) of subsection (12) of section 163.3177
55 Florida Statutes, are amended to read:
56 163.3177 Required and optional elements of comprehensive
57 plan; studies and surveys.—
58 (3)
59 (b)1. The capital improvements element must be reviewed on
60 an annual basis and modified as necessary in accordance with s.
61 163.3187 or s. 163.3189 in order to maintain a financially
62 feasible 5-year schedule of capital improvements. Corrections
63 and modifications concerning costs; revenue sources; or
64 acceptance of facilities pursuant to dedications which are
65 consistent with the plan may be accomplished by ordinance and
66 shall not be deemed to be amendments to the local comprehensive
67 plan. A copy of the ordinance shall be transmitted to the state
68 land planning agency. An amendment to the comprehensive plan is
69 required to update the schedule on an annual basis or to
70 eliminate, defer, or delay the construction for any facility
71 listed in the 5-year schedule. All public facilities must be
72 consistent with the capital improvements element. The annual
73 update to the capital improvements element of the comprehensive
74 plan need not comply with the financial feasibility requirement
75 until December 1, 2011. Amendments to implement this section
76 must be adopted and transmitted no later than December 1, 2008.
77 Thereafter, a local government may not amend its future land use
78 map, except for plan amendments to meet new requirements under
79 this part and emergency amendments pursuant to s.
80 163.3187(1)(a), after December 1, 2011 2008, and every year
81 thereafter, unless and until the local government has adopted
82 the annual update and it has been transmitted to the state land
83 planning agency.
84 2. Capital improvements element amendments adopted after
85 the effective date of this act shall require only a single
86 public hearing before the governing board which shall be an
87 adoption hearing as described in s. 163.3184(7). Such amendments
88 are not subject to the requirements of s. 163.3184(3)-(6).
89 (4)(a) Coordination of the local comprehensive plan with
90 the comprehensive plans of adjacent municipalities, the county,
91 adjacent counties, or the region; with the appropriate water
92 management district’s regional water supply plans approved
93 pursuant to s. 373.0361; with adopted rules pertaining to
94 designated areas of critical state concern; and with the state
95 comprehensive plan shall be a major objective of the local
96 comprehensive planning process. To that end, in the preparation
97 of a comprehensive plan or element thereof, and in the
98 comprehensive plan or element as adopted, the governing body
99 shall include a specific policy statement indicating the
100 relationship of the proposed development of the area to the
101 comprehensive plans of adjacent municipalities, the county,
102 adjacent counties, or the region and to the state comprehensive
103 plan, as the case may require and as such adopted plans or plans
104 in preparation may exist.
105 (6) In addition to the requirements of subsections (1)-(5)
106 and (12), the comprehensive plan shall include the following
107 elements:
108 (h)1. An intergovernmental coordination element showing
109 relationships and stating principles and guidelines to be used
110 in the accomplishment of coordination of the adopted
111 comprehensive plan with the plans of school boards, regional
112 water supply authorities, and other units of local government
113 providing services but not having regulatory authority over the
114 use of land, with the comprehensive plans of adjacent
115 municipalities, the county, adjacent counties, or the region,
116 with the state comprehensive plan and with the applicable
117 regional water supply plan approved pursuant to s. 373.0361, as
118 the case may require and as such adopted plans or plans in
119 preparation may exist. This element of the local comprehensive
120 plan shall demonstrate consideration of the particular effects
121 of the local plan, when adopted, upon the development of
122 adjacent municipalities, the county, adjacent counties, or the
123 region, or upon the state comprehensive plan, as the case may
124 require.
125 a. The intergovernmental coordination element shall provide
126 for procedures to identify and implement joint planning areas,
127 especially for the purpose of annexation, municipal
128 incorporation, and joint infrastructure service areas.
129 b. The intergovernmental coordination element shall provide
130 for recognition of campus master plans prepared pursuant to s.
131 1013.30.
132 c. The intergovernmental coordination element shall may
133 provide for a voluntary dispute resolution process as
134 established pursuant to s. 186.509 for bringing to closure in a
135 timely manner intergovernmental disputes. A local government may
136 develop and use an alternative local dispute resolution process
137 for this purpose.
138 2. The intergovernmental coordination element shall further
139 state principles and guidelines to be used in the accomplishment
140 of coordination of the adopted comprehensive plan with the plans
141 of school boards and other units of local government providing
142 facilities and services but not having regulatory authority over
143 the use of land. In addition, the intergovernmental coordination
144 element shall describe joint processes for collaborative
145 planning and decisionmaking on population projections and public
146 school siting, the location and extension of public facilities
147 subject to concurrency, and siting facilities with countywide
148 significance, including locally unwanted land uses whose nature
149 and identity are established in an agreement. Within 1 year of
150 adopting their intergovernmental coordination elements, each
151 county, all the municipalities within that county, the district
152 school board, and any unit of local government service providers
153 in that county shall establish by interlocal or other formal
154 agreement executed by all affected entities, the joint processes
155 described in this subparagraph consistent with their adopted
156 intergovernmental coordination elements.
157 3. To foster coordination between special districts and
158 local general-purpose governments as local general-purpose
159 governments implement local comprehensive plans, each
160 independent special district must submit a public facilities
161 report to the appropriate local government as required by s.
162 189.415.
163 4.a. Local governments must execute an interlocal agreement
164 with the district school board, the county, and nonexempt
165 municipalities pursuant to s. 163.31777. The local government
166 shall amend the intergovernmental coordination element to
167 provide that coordination between the local government and
168 school board is pursuant to the agreement and shall state the
169 obligations of the local government under the agreement.
170 b. Plan amendments that comply with this subparagraph are
171 exempt from the provisions of s. 163.3187(1).
172 5. The state land planning agency shall establish a
173 schedule for phased completion and transmittal of plan
174 amendments to implement subparagraphs 1., 2., and 3. from all
175 jurisdictions so as to accomplish their adoption by December 31,
176 1999. A local government may complete and transmit its plan
177 amendments to carry out these provisions prior to the scheduled
178 date established by the state land planning agency. The plan
179 amendments are exempt from the provisions of s. 163.3187(1).
180 6. By January 1, 2004, any county having a population
181 greater than 100,000, and the municipalities and special
182 districts within that county, shall submit a report to the
183 Department of Community Affairs which:
184 a. Identifies all existing or proposed interlocal service
185 delivery agreements regarding the following: education; sanitary
186 sewer; public safety; solid waste; drainage; potable water;
187 parks and recreation; and transportation facilities.
188 b. Identifies any deficits or duplication in the provision
189 of services within its jurisdiction, whether capital or
190 operational. Upon request, the Department of Community Affairs
191 shall provide technical assistance to the local governments in
192 identifying deficits or duplication.
193 7. Within 6 months after submission of the report, the
194 Department of Community Affairs shall, through the appropriate
195 regional planning council, coordinate a meeting of all local
196 governments within the regional planning area to discuss the
197 reports and potential strategies to remedy any identified
198 deficiencies or duplications.
199 8. Each local government shall update its intergovernmental
200 coordination element based upon the findings in the report
201 submitted pursuant to subparagraph 6. The report may be used as
202 supporting data and analysis for the intergovernmental
203 coordination element.
204 (12) A public school facilities element adopted to
205 implement a school concurrency program shall meet the
206 requirements of this subsection. Each county and each
207 municipality within the county, unless exempt or subject to a
208 waiver, must adopt a public school facilities element that is
209 consistent with those adopted by the other local governments
210 within the county and enter the interlocal agreement pursuant to
211 s. 163.31777.
212 (j) Failure to adopt the public school facilities element,
213 to enter into an approved interlocal agreement as required by
214 subparagraph (6)(h)2. and s. 163.31777, or to amend the
215 comprehensive plan as necessary to implement school concurrency,
216 according to the phased schedule, shall result in a local
217 government being prohibited from adopting amendments to the
218 comprehensive plan which increase residential density until the
219 necessary amendments have been adopted and transmitted to the
220 state land planning agency.
221 (j)(k) The state land planning agency may issue the school
222 board a notice to a school board or local government to show
223 cause why sanctions should not be enforced for failure to enter
224 into an approved interlocal agreement as required by s.
225 163.31777 or for failure to implement the provisions of this act
226 relating to public school concurrency. If the state land
227 planning agency finds that insufficient cause exists for the
228 school board’s or local government’s failure to enter into an
229 approved interlocal agreement required by s. 163.31777 or for
230 the school board’s or local government’s failure to implement
231 the provisions relating to public school concurrency, the state
232 land planning agency shall submit its finding to the
233 Administration Commission, which may impose on the local
234 government any of the sanctions set forth in s. 163.3184(11)(a)
235 and (b) and may impose on the district school board any of the
236 sanctions set forth in s. 1008.32(4). The school board may be
237 subject to sanctions imposed by the Administration Commission
238 directing the Department of Education to withhold from the
239 district school board an equivalent amount of funds for school
240 construction available pursuant to ss. 1013.65, 1013.68,
241 1013.70, and 1013.72.
242 Section 4. Paragraph (c) of subsection (4) and subsections
243 (5) and (10) of section 163.3180, Florida Statutes, are amended
244 to read:
245 163.3180 Concurrency.—
246 (4)
247 (c) The concurrency requirement, except as it relates to
248 transportation facilities and public schools, as implemented in
249 local government comprehensive plans, may be waived by a local
250 government for urban infill and redevelopment areas designated
251 pursuant to s. 163.2517 if such a waiver does not endanger
252 public health or safety as defined by the local government in
253 its local government comprehensive plan. The waiver shall be
254 adopted as a plan amendment pursuant to the process set forth in
255 s. 163.3187(4)(a) s. 163.3187(3)(a). A local government may
256 grant a concurrency exception pursuant to subsection (5) for
257 transportation facilities located within these urban infill and
258 redevelopment areas.
259 (5)
260 (a) The Legislature finds that under limited circumstances
261 dealing with transportation facilities, countervailing planning
262 and public policy goals may come into conflict with the
263 requirement that adequate public transportation facilities and
264 services be available concurrent with the impacts of such
265 development. The Legislature further finds that often the
266 unintended result of the concurrency requirement for
267 transportation facilities is often the discouragement of urban
268 infill development and redevelopment. Such unintended results
269 directly conflict with the goals and policies of the state
270 comprehensive plan and the intent of this part. The Legislature
271 also finds that in urban centers transportation cannot be
272 effectively managed and mobility cannot be improved solely
273 through the expansion of roadway capacity, that the expansion of
274 roadway capacity is not always physically or financially
275 possible, and that a range of transportation alternatives are
276 essential to satisfy mobility needs, reduce congestion, and
277 achieve healthy, vibrant centers. Therefore, exceptions from the
278 concurrency requirement for transportation facilities may be
279 granted as provided by this subsection.
280 (b)1. The following are transportation concurrency
281 exception areas:
282 a. A municipality that qualifies as a dense urban land area
283 under s. 163.3164(34);
284 b. An urban service area under s. 163.3164(29) which has
285 been adopted into the local comprehensive plan and is located
286 within a county that qualifies as a dense urban land area under
287 s. 163.3164(34); and
288 c. A county, including the municipalities located therein,
289 which has a population of at least 900,000 and qualifies as a
290 dense urban land area under s. 163.3164(34), but does not have
291 an urban service area designated in the local comprehensive
292 plan.
293 2. A municipality that does not qualify as a dense urban
294 land area pursuant to s. 163.3164(34) may designate in its local
295 comprehensive plan the following areas as transportation
296 concurrency exception areas:
297 a. Urban infill as defined in s. 163.3164(27);
298 b. Community redevelopment areas as defined in s.
299 163.340(10);
300 c. Downtown revitalization areas as defined in s.
301 163.3164(25);
302 d. Urban infill and redevelopment under s. 163.2517; or
303 e. Urban service areas as defined in s. 163.3164(29) or
304 areas within a designated urban service boundary under s.
305 163.3177(14).
306 3. A county that does not qualify as a dense urban land
307 area pursuant to s. 163.3164(34) may designate in its local
308 comprehensive plan the following areas as transportation
309 concurrency exception areas:
310 a. Urban infill as defined in s. 163.3164(27);
311 b. Urban infill and redevelopment under s. 163.2517; or
312 c. Urban service areas as defined in s. 163.3164(29).
313 4. A local government that has a transportation concurrency
314 exception area designated pursuant to subparagraph 1.,
315 subparagraph 2., or subparagraph 3. must, within 2 years after
316 the designated area becomes exempt, adopt into its local
317 comprehensive plan land use and transportation strategies to
318 support and fund mobility within the exception area, including
319 alternative modes of transportation. Local governments are
320 encouraged to adopt complementary land use and transportation
321 strategies that reflect the region’s shared vision for its
322 future. If the state land planning agency finds insufficient
323 cause for the failure to adopt into its comprehensive plan land
324 use and transportation strategies to support and fund mobility
325 within the designated exception area after 2 years, it shall
326 submit the finding to the Administration Commission, which may
327 impose any of the sanctions set forth in s. 163.3184(11)(a) and
328 (b) against the local government.
329 5. Transportation concurrency exception areas designated
330 under subparagraph 1., subparagraph 2., or subparagraph 3. do
331 not apply to designated transportation concurrency districts
332 located within a county that has a population of at least 1.5
333 million, has implemented and uses a transportation-related
334 concurrency assessment to support alternative modes of
335 transportation, including, but not limited to, mass transit, and
336 does not levy transportation impact fees within the concurrency
337 district.
338 6. A local government that does not qualify as a dense
339 urban land area as defined in s. 163.3164(34) A local government
340 may grant an exception from the concurrency requirement for
341 transportation facilities if the proposed development is
342 otherwise consistent with the adopted local government
343 comprehensive plan and is a project that promotes public
344 transportation or is located within an area designated in the
345 comprehensive plan for:
346 a.1. Urban infill development;
347 b.2. Urban redevelopment;
348 c.3. Downtown revitalization;
349 d.4. Urban infill and redevelopment under s. 163.2517; or
350 e.5. An urban service area specifically designated as a
351 transportation concurrency exception area which includes lands
352 appropriate for compact, contiguous urban development, which
353 does not exceed the amount of land needed to accommodate the
354 projected population growth at densities consistent with the
355 adopted comprehensive plan within the 10-year planning period,
356 and which is served or is planned to be served with public
357 facilities and services as provided by the capital improvements
358 element.
359 (c) The Legislature also finds that developments located
360 within urban infill, urban redevelopment, existing urban
361 service, or downtown revitalization areas or areas designated as
362 urban infill and redevelopment areas under s. 163.2517, which
363 pose only special part-time demands on the transportation
364 system, are exempt should be excepted from the concurrency
365 requirement for transportation facilities. A special part-time
366 demand is one that does not have more than 200 scheduled events
367 during any calendar year and does not affect the 100 highest
368 traffic volume hours.
369 (d) Except for transportation concurrency exception areas
370 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
371 or subparagraph (b)3., the following requirements apply: A local
372 government shall establish guidelines in the comprehensive plan
373 for granting the exceptions authorized in paragraphs (b) and (c)
374 and subsections (7) and (15) which must be consistent with and
375 support a comprehensive strategy adopted in the plan to promote
376 the purpose of the exceptions.
377 1.(e) The local government shall both adopt into the
378 comprehensive plan and implement long-term strategies to support
379 and fund mobility within the designated exception area,
380 including alternative modes of transportation. The plan
381 amendment must also demonstrate how strategies will support the
382 purpose of the exception and how mobility within the designated
383 exception area will be provided.
384 2. In addition, The strategies must address urban design;
385 appropriate land use mixes, including intensity and density; and
386 network connectivity plans needed to promote urban infill,
387 redevelopment, or downtown revitalization. The comprehensive
388 plan amendment designating the concurrency exception area must
389 be accompanied by data and analysis justifying the size of the
390 area.
391 (e)(f) Before designating Prior to the designation of a
392 concurrency exception area pursuant to subparagraph (b)6., the
393 state land planning agency and the Department of Transportation
394 shall be consulted by the local government to assess the impact
395 that the proposed exception area is expected to have on the
396 adopted level-of-service standards established for regional
397 transportation facilities identified pursuant to s. 186.507,
398 including the Strategic Intermodal System facilities, as defined
399 in s. 339.64, and roadway facilities funded in accordance with
400 s. 339.2819. Further, the local government shall provide a plan
401 for the mitigation of, in consultation with the state land
402 planning agency and the Department of Transportation, develop a
403 plan to mitigate any impacts to the Strategic Intermodal System,
404 including, if appropriate, access management, parallel reliever
405 roads, transportation demand management, and other measures the
406 development of a long-term concurrency management system
407 pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
408 may be available only within the specific geographic area of the
409 jurisdiction designated in the plan. Pursuant to s. 163.3184,
410 any affected person may challenge a plan amendment establishing
411 these guidelines and the areas within which an exception could
412 be granted.
413 (g) Transportation concurrency exception areas existing
414 prior to July 1, 2005, must, at a minimum, meet the provisions
415 of this section by July 1, 2006, or at the time of the
416 comprehensive plan update pursuant to the evaluation and
417 appraisal report, whichever occurs last.
418 (f) The designation of a transportation concurrency
419 exception area does not limit a local government’s home rule
420 power to adopt ordinances or impose fees. This subsection does
421 not affect any contract or agreement entered into or development
422 order rendered before the creation of the transportation
423 concurrency exception area except as provided in s.
424 380.06(29)(e).
425 (g) The Office of Program Policy Analysis and Government
426 Accountability shall submit to the President of the Senate and
427 the Speaker of the House of Representatives by February 1, 2015,
428 a report on transportation concurrency exception areas created
429 pursuant to this subsection. At a minimum, the report shall
430 address the methods that local governments have used to
431 implement and fund transportation strategies to achieve the
432 purposes of designated transportation concurrency exception
433 areas, and the effects of the strategies on mobility,
434 congestion, urban design, the density and intensity of land use
435 mixes, and network connectivity plans used to promote urban
436 infill, redevelopment or downtown revitalization.
437 (10) Except in transportation concurrency exception areas,
438 with regard to roadway facilities on the Strategic Intermodal
439 System designated in accordance with s. 339.63 ss. 339.61,
440 339.62, 339.63, and 339.64, the Florida Intrastate Highway
441 System as defined in s. 338.001, and roadway facilities funded
442 in accordance with s. 339.2819, local governments shall adopt
443 the level-of-service standard established by the Department of
444 Transportation by rule. However, if the Office of Tourism,
445 Trade, and Economic Development concurs in writing with the
446 local government that the proposed development is for a
447 qualified job creation project under s. 288.0656 or s. 403.973,
448 the affected local government, after consulting with the
449 Department of Transportation, may allow for a waiver of
450 transportation concurrency for the project. For all other roads
451 on the State Highway System, local governments shall establish
452 an adequate level-of-service standard that need not be
453 consistent with any level-of-service standard established by the
454 Department of Transportation. In establishing adequate level-of
455 service standards for any arterial roads, or collector roads as
456 appropriate, which traverse multiple jurisdictions, local
457 governments shall consider compatibility with the roadway
458 facility’s adopted level-of-service standards in adjacent
459 jurisdictions. Each local government within a county shall use a
460 professionally accepted methodology for measuring impacts on
461 transportation facilities for the purposes of implementing its
462 concurrency management system. Counties are encouraged to
463 coordinate with adjacent counties, and local governments within
464 a county are encouraged to coordinate, for the purpose of using
465 common methodologies for measuring impacts on transportation
466 facilities for the purpose of implementing their concurrency
467 management systems.
468 Section 5. Paragraph (b) of subsection (1), paragraph (b)
469 of subsection (8), and subsections (17) and (18) of section
470 163.3184, Florida Statutes, are amended to read:
471 163.3184 Process for adoption of comprehensive plan or plan
472 amendment.—
473 (1) DEFINITIONS.—As used in this section, the term:
474 (b) “In compliance” means consistent with the requirements
475 of ss. 163.3177, when a local government adopts an educational
476 facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
477 with the state comprehensive plan, with the appropriate
478 strategic regional policy plan, and with chapter 9J-5, Florida
479 Administrative Code, where such rule is not inconsistent with
480 this part and with the principles for guiding development in
481 designated areas of critical state concern and with part III of
482 chapter 369, where applicable.
483 (8) NOTICE OF INTENT.—
484 (b) Except as provided in paragraph (a) or in s.
485 163.3187(4) s. 163.3187(3), the state land planning agency, upon
486 receipt of a local government’s complete adopted comprehensive
487 plan or plan amendment, shall have 45 days for review and to
488 determine if the plan or plan amendment is in compliance with
489 this act, unless the amendment is the result of a compliance
490 agreement entered into under subsection (16), in which case the
491 time period for review and determination shall be 30 days. If
492 review was not conducted under subsection (6), the agency’s
493 determination must be based upon the plan amendment as adopted.
494 If review was conducted under subsection (6), the agency’s
495 determination of compliance must be based only upon one or both
496 of the following:
497 1. The state land planning agency’s written comments to the
498 local government pursuant to subsection (6); or
499 2. Any changes made by the local government to the
500 comprehensive plan or plan amendment as adopted.
501 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
502 local government that has adopted a community vision and urban
503 service boundary under s. 163.3177(13) and (14) may adopt a plan
504 amendment related to map amendments solely to property within an
505 urban service boundary in the manner described in subsections
506 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
507 and e., 2., and 3., such that state and regional agency review
508 is eliminated. The department may not issue an objections,
509 recommendations, and comments report on proposed plan amendments
510 or a notice of intent on adopted plan amendments; however,
511 affected persons, as defined by paragraph (1)(a), may file a
512 petition for administrative review pursuant to the requirements
513 of s. 163.3187(4)(a) s. 163.3187(3)(a) to challenge the
514 compliance of an adopted plan amendment. This subsection does
515 not apply to any amendment within an area of critical state
516 concern, to any amendment that increases residential densities
517 allowable in high-hazard coastal areas as defined in s.
518 163.3178(2)(h), or to a text change to the goals, policies, or
519 objectives of the local government’s comprehensive plan.
520 Amendments submitted under this subsection are exempt from the
521 limitation on the frequency of plan amendments in s. 163.3187.
522 (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
523 municipality that has a designated urban infill and
524 redevelopment area under s. 163.2517 may adopt a plan amendment
525 related to map amendments solely to property within a designated
526 urban infill and redevelopment area in the manner described in
527 subsections (1), (2), (7), (14), (15), and (16) and s.
528 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
529 regional agency review is eliminated. The department may not
530 issue an objections, recommendations, and comments report on
531 proposed plan amendments or a notice of intent on adopted plan
532 amendments; however, affected persons, as defined by paragraph
533 (1)(a), may file a petition for administrative review pursuant
534 to the requirements of s. 163.3187(4)(a) s. 163.3187(3)(a) to
535 challenge the compliance of an adopted plan amendment. This
536 subsection does not apply to any amendment within an area of
537 critical state concern, to any amendment that increases
538 residential densities allowable in high-hazard coastal areas as
539 defined in s. 163.3178(2)(h), or to a text change to the goals,
540 policies, or objectives of the local government’s comprehensive
541 plan. Amendments submitted under this subsection are exempt from
542 the limitation on the frequency of plan amendments in s.
543 163.3187.
544 Section 6. Paragraphs (b) and (f) of subsection (1) of
545 section 163.3187, Florida Statutes, are amended, paragraph (q)
546 is added to that subsection, present subsections (2) through (6)
547 of that section are redesignated as subsections (3) through (7),
548 respectively, and a new subsection (2) is added to that section,
549 to read:
550 163.3187 Amendment of adopted comprehensive plan.—
551 (1) Amendments to comprehensive plans adopted pursuant to
552 this part may be made not more than two times during any
553 calendar year, except:
554 (b) Any local government comprehensive plan amendments
555 directly related to a proposed development of regional impact,
556 including changes which have been determined to be substantial
557 deviations and including Florida Quality Developments pursuant
558 to s. 380.061, may be initiated by a local planning agency and
559 considered by the local governing body at the same time as the
560 application for development approval using the procedures
561 provided for local plan amendment in this section and applicable
562 local ordinances, without regard to statutory or local ordinance
563 limits on the frequency of consideration of amendments to the
564 local comprehensive plan. Nothing in this subsection shall be
565 deemed to require favorable consideration of a plan amendment
566 solely because it is related to a development of regional
567 impact.
568 (f) Any comprehensive plan amendment that changes the
569 schedule in The capital improvements element annual update
570 required in s. 163.3177(3)(b)2., and any amendments directly
571 related to the schedule, may be made once in a calendar year on
572 a date different from the two times provided in this subsection
573 when necessary to coincide with the adoption of the local
574 government’s budget and capital improvements program.
575 (q) Any local government plan amendment to designate an
576 urban service area, which exists in the local government’s
577 comprehensive plan as of July 1, 2009, as a transportation
578 concurrency exception area under s. 163.3180(5)(b)2. or 3., an
579 area eligible for expedited comprehensive plan amendment review
580 under s. 163.32465, and an area exempt from the development-of
581 regional-impact process under s. 380.06(29).
582 (2) Other than the exceptions listed in subsection (1),
583 text amendments to the goals, objectives, or policies of the
584 local government’s comprehensive plan may be adopted only once a
585 year, unless the text amendment is directly related to, and
586 applies only to, a future land use map amendment.
587 Section 7. Paragraph (a) of subsection (9) of section
588 163.3246, Florida Statutes, is amended to read:
589 163.3246 Local government comprehensive planning
590 certification program.—
591 (9)(a) Upon certification all comprehensive plan amendments
592 associated with the area certified must be adopted and reviewed
593 in the manner described in ss. 163.3184(1), (2), (7), (14),
594 (15), and (16) and 163.3187, such that state and regional agency
595 review is eliminated. The department may not issue any
596 objections, recommendations, and comments report on proposed
597 plan amendments or a notice of intent on adopted plan
598 amendments; however, affected persons, as defined by s.
599 163.3184(1)(a), may file a petition for administrative review
600 pursuant to the requirements of s. 163.3187(4)(a) s.
601 163.3187(3)(a) to challenge the compliance of an adopted plan
602 amendment.
603 Section 8. Section 163.32465, Florida Statutes, is amended
604 to read:
605 163.32465 State review of local comprehensive plans in
606 urban areas.—
607 (1) LEGISLATIVE FINDINGS.—
608 (a) The Legislature finds that local governments in this
609 state have a wide diversity of resources, conditions, abilities,
610 and needs. The Legislature also finds that the needs and
611 resources of urban areas are different from those of rural areas
612 and that different planning and growth management approaches,
613 strategies, and techniques are required in urban areas. The
614 state role in overseeing growth management should reflect this
615 diversity and should vary based on local government conditions,
616 capabilities, needs, and the extent and type of development.
617 Therefore Thus, the Legislature recognizes and finds that
618 reduced state oversight of local comprehensive planning is
619 justified for some local governments in urban areas and for
620 certain types of development.
621 (b) The Legislature finds and declares that this state’s
622 urban areas require a reduced level of state oversight because
623 of their high degree of urbanization and the planning
624 capabilities and resources of many of their local governments.
625 An alternative state review process that is adequate to protect
626 issues of regional or statewide importance should be created for
627 appropriate local governments in these areas and for certain
628 types of development. Further, the Legislature finds that
629 development, including urban infill and redevelopment, should be
630 encouraged in these urban areas. The Legislature finds that an
631 alternative process for amending local comprehensive plans in
632 these areas should be established with an objective of
633 streamlining the process and recognizing local responsibility
634 and accountability.
635 (c) The Legislature finds a pilot program will be
636 beneficial in evaluating an alternative, expedited plan
637 amendment adoption and review process. Pilot local governments
638 shall represent highly developed counties and the municipalities
639 within these counties and highly populated municipalities.
640 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.—The
641 alternative state review process provided in this section
642 applies to: Pinellas and Broward Counties, and the
643 municipalities within these counties, and Jacksonville, Miami,
644 Tampa, and Hialeah shall follow an alternative state review
645 process provided in this section. Municipalities within the
646 pilot counties may elect, by super majority vote of the
647 governing body, not to participate in the pilot program.
648 (a) Future land use map amendments within a municipality
649 that qualifies as a dense urban land area, as defined in s.
650 163.3164(34);
651 (b) Future land use map amendments for areas within a
652 county that qualifies as a dense urban land area as defined in
653 s. 163.3164(34) which are designated in the county’s
654 comprehensive plan as urban service areas under s. 163.3164(29);
655 (c) Future land use map amendments for counties, including
656 the municipalities located therein, which have a population of
657 at least 900,000, qualify as dense urban land areas under s.
658 163.3164(34), but do not have an urban service area designated
659 in the comprehensive plan;
660 (d) Future land use map amendments by municipalities that
661 do not qualify as dense urban land areas pursuant to s.
662 163.3164(34) and that are located within areas designated in the
663 comprehensive plan as:
664 1. Urban infill as defined in s. 163.3164(27);
665 2. Community redevelopment areas as defined in s.
666 163.340(10);
667 3. Downtown revitalization areas as defined in s.
668 163.3164(25); or
669 4. Urban service areas as defined in s. 163.3164(29) or
670 areas within a designated urban service boundary under s.
671 163.3177(14);
672 (e) Future land use map amendments by counties that do not
673 qualify as dense urban land areas pursuant to s. 163.3164(34)
674 which are within areas designated in the comprehensive plan as:
675 1. Urban infill development as defined in s. 163.3164(27);
676 2. Urban infill and redevelopment under s. 163.2517; or
677 3. Urban service areas as defined in s. 163.3164(29); and
678 (f) Future land use map amendments within an area
679 designated by the Governor as a rural area of critical economic
680 concern under s. 288.0656(7) if the Office of Tourism, Trade,
681 and Economic Development states in writing that the amendment
682 supports a regional target industry that is identified in an
683 economic development plan prepared for one of the economic
684 development programs identified in s. 288.0656(7).
685 (g) Any local government plan amendment to designate an
686 urban service area, which exists in the local government’s
687 comprehensive plan as of July 1, 2009, as a transportation
688 concurrency exception area under s. 163.3180(5)(b)2. or 3., an
689 area eligible for expedited comprehensive plan amendment review
690 under s. 163.32465, and an area exempt from the development-of
691 regional-impact process under s. 380.06(29).
692 (h) Any text amendment that directly relates to, and
693 applies only to, a future land use map amendment.
694 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
695 UNDER THE PILOT PROGRAM.—
696 (a) Plan amendments adopted under this section by the pilot
697 program jurisdictions shall follow the alternate, expedited
698 process in subsections (4) and (5), except as set forth in
699 paragraphs (b)-(e) of this subsection.
700 (b) Amendments that qualify as small-scale development
701 amendments may continue to be adopted in by the pilot program
702 jurisdictions that use the alternative review process pursuant
703 to s. 163.3187(1)(c) and (4)(3).
704 (c) An amendment to a comprehensive plan is not eligible
705 for alternative state review and must go through the state
706 review process under s. 163.3184 if the amendment:
707 1. Designates or implements a rural land stewardship area
708 pursuant to s. 163.3177(11)(d);
709 2. Designates or implements an optional sector plan;
710 3. Applies within an area of critical state concern or a
711 coastal high-hazard area;
712 4. Incorporates into a municipal comprehensive plan lands
713 that have been annexed;
714 5. Updates a comprehensive plan based on an evaluation and
715 appraisal report;
716 6. Implements statutory requirements that were not
717 previously incorporated into the comprehensive plan;
718 7. Changes the boundary of a jurisdiction’s urban service
719 area as defined in s. 163.3164(29); or
720 8. Implements new plans for a newly incorporated
721 municipality. Plan amendments that propose a rural land
722 stewardship area pursuant to s. 163.3177(11)(d); propose an
723 optional sector plan; update a comprehensive plan based on an
724 evaluation and appraisal report; implement new statutory
725 requirements; or new plans for newly incorporated municipalities
726 are subject to state review as set forth in s. 163.3184.
727 (d) Alternative review Pilot program jurisdictions are
728 shall be subject to the frequency and timing requirements for
729 plan amendments set forth in ss. 163.3187 and 163.3191, except
730 as where otherwise stated in this section.
731 (e) The mediation and expedited hearing provisions in s.
732 163.3189(3) apply to all plan amendments adopted by alternative
733 review the pilot program jurisdictions.
734 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
735 PILOT PROGRAM.—
736 (a) The local government shall hold its first public
737 hearing on a comprehensive plan amendment on a weekday at least
738 7 days after the day the first advertisement is published
739 pursuant to the requirements of chapter 125 or chapter 166. Upon
740 an affirmative vote of not less than a majority of the members
741 of the governing body present at the hearing, the local
742 government shall immediately transmit the amendment or
743 amendments and appropriate supporting data and analyses to the
744 state land planning agency; the appropriate regional planning
745 council and water management district; the Department of
746 Environmental Protection; the Department of State; the
747 Department of Transportation; in the case of municipal plans, to
748 the appropriate county; the Fish and Wildlife Conservation
749 Commission; the Department of Agriculture and Consumer Services;
750 and in the case of amendments that include or impact the public
751 school facilities element, the Office of Educational Facilities
752 of the Commissioner of Education. The local governing body shall
753 also transmit a copy of the amendments and supporting data and
754 analyses to any other local government or governmental agency
755 that has filed a written request with the governing body. The
756 local government may request that the state land planning agency
757 issue a report containing its objections, recommendations, and
758 comments on the amendments and supporting data and analyses. A
759 local government that makes such request must notify all of the
760 agencies and local governments listed in this paragraph of the
761 request.
762 (b) The agencies and local governments specified in
763 paragraph (a) may provide comments regarding the amendment or
764 amendments to the local government. The regional planning
765 council review and comment shall be limited to effects on
766 regional resources or facilities identified in the strategic
767 regional policy plan and extrajurisdictional impacts that would
768 be inconsistent with the comprehensive plan of the affected
769 local government. A regional planning council shall not review
770 and comment on a proposed comprehensive plan amendment prepared
771 by such council unless the plan amendment has been changed by
772 the local government subsequent to the preparation of the plan
773 amendment by the regional planning council. County comments on
774 municipal comprehensive plan amendments shall be primarily in
775 the context of the relationship and effect of the proposed plan
776 amendments on the county plan. Municipal comments on county plan
777 amendments shall be primarily in the context of the relationship
778 and effect of the amendments on the municipal plan. State agency
779 comments may include technical guidance on issues of agency
780 jurisdiction as it relates to the requirements of this part.
781 Such comments must shall clearly identify issues that, if not
782 resolved, may result in a an agency challenge to the plan
783 amendment from the state land planning agency. For the purposes
784 of this pilot program, Agencies are encouraged to focus
785 potential challenges on issues of regional or statewide
786 importance. Agencies and local governments must transmit their
787 comments to the affected local government, if issued, within 30
788 days after such that they are received by the local government
789 not later than thirty days from the date on which the state land
790 planning agency notifies the affected local government that the
791 plan amendment package is complete or government received the
792 amendment or amendments. Any comments from the agencies and
793 local governments must also be transmitted to the state land
794 planning agency. If the local government requested a report from
795 the state planning agency listing objections, recommendations,
796 and comments, the state planning agency has 15 days after
797 receiving all of the comments from the agencies and local
798 governments to issue the report.
799 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR
800 ALTERNATIVE REVIEW JURISDICTIONS PILOT AREAS.—
801 (a) The local government shall hold its second public
802 hearing, which shall be a hearing on whether to adopt one or
803 more comprehensive plan amendments, on a weekday at least 5 days
804 after the day the second advertisement is published pursuant to
805 the requirements of chapter 125 or chapter 166. Adoption of
806 comprehensive plan amendments must be by ordinance and requires
807 an affirmative vote of a majority of the members of the
808 governing body present at the second hearing. The hearing must
809 be conducted and the amendment must be adopted, adopted with
810 changes, or not adopted within 120 days after the agency
811 comments are received pursuant to paragraph (4)(b). If a local
812 government fails to adopt the plan amendment within the
813 timeframe set forth in this paragraph, the plan amendment is
814 deemed abandoned and the plan amendment may not be considered
815 until the next available amendment cycle pursuant to s.
816 163.3187.
817 (b) All comprehensive plan amendments adopted by the
818 governing body along with the supporting data and analysis shall
819 be transmitted within 10 days of the second public hearing to
820 the state land planning agency and any other agency or local
821 government that provided timely comments under paragraph (4)(b).
822 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR
823 ALTERNATIVE REVIEW JURISDICTIONS PILOT PROGRAM.—
824 (a) Any “affected person” as defined in s. 163.3184(1)(a)
825 may file a petition with the Division of Administrative Hearings
826 pursuant to ss. 120.569 and 120.57, with a copy served on the
827 affected local government, to request a formal hearing to
828 challenge whether the amendments are “in compliance” as defined
829 in s. 163.3184(1)(b). This petition must be filed with the
830 Division within 30 days after the local government adopts the
831 amendment. The state land planning agency may intervene in a
832 proceeding instituted by an affected person.
833 (b) The state land planning agency may file a petition with
834 the Division of Administrative Hearings pursuant to ss. 120.569
835 and 120.57, with a copy served on the affected local government,
836 to request a formal hearing. This petition must be filed with
837 the Division within 30 days after the state land planning agency
838 notifies the local government that the plan amendment package is
839 complete. For purposes of this section, an amendment shall be
840 deemed complete if it contains a full, executed copy of the
841 adoption ordinance or ordinances; in the case of a text
842 amendment, a full copy of the amended language in legislative
843 format with new words inserted in the text underlined, and words
844 to be deleted lined through with hyphens; in the case of a
845 future land use map amendment, a copy of the future land use map
846 clearly depicting the parcel, its existing future land use
847 designation, and its adopted designation; and a copy of any data
848 and analyses the local government deems appropriate. The state
849 land planning agency shall notify the local government of any
850 deficiencies within 5 working days of receipt of an amendment
851 package.
852 (c) The state land planning agency’s challenge shall be
853 limited to those issues raised in the comments provided by the
854 reviewing agencies pursuant to paragraph (4)(b) or, if issued,
855 the objections, recommendations, and comments report. The state
856 land planning agency may challenge a plan amendment that has
857 substantially changed from the version on which the agencies
858 provided comments. For alternative review jurisdictions the
859 purposes of this pilot program, the Legislature strongly
860 encourages the state land planning agency to focus any challenge
861 on issues of regional or statewide importance.
862 (d) An administrative law judge shall hold a hearing in the
863 affected local jurisdiction. The local government’s
864 determination that the amendment is “in compliance” is presumed
865 to be correct and shall be sustained unless it is shown by a
866 preponderance of the evidence that the amendment is not “in
867 compliance.”
868 (e) If the administrative law judge recommends that the
869 amendment be found not in compliance, the judge shall submit the
870 recommended order to the Administration Commission for final
871 agency action. The Administration Commission shall enter a final
872 order within 45 days after its receipt of the recommended order.
873 (f) If the administrative law judge recommends that the
874 amendment be found in compliance, the judge shall submit the
875 recommended order to the state land planning agency.
876 1. If the state land planning agency determines that the
877 plan amendment should be found not in compliance, the agency
878 shall refer, within 30 days of receipt of the recommended order,
879 the recommended order and its determination to the
880 Administration Commission for final agency action. If the
881 commission determines that the amendment is not in compliance,
882 it may sanction the local government as set forth in s.
883 163.3184(11).
884 2. If the state land planning agency determines that the
885 plan amendment should be found in compliance, the agency shall
886 enter its final order not later than 30 days from receipt of the
887 recommended order.
888 (g) An amendment adopted under the expedited provisions of
889 this section shall not become effective until the completion of
890 the time period available to the state land planning agency for
891 administrative challenge under paragraph (a) 31 days after
892 adoption. If timely challenged, an amendment shall not become
893 effective until the state land planning agency or the
894 Administration Commission enters a final order determining that
895 the adopted amendment is to be in compliance.
896 (h) Parties to a proceeding under this section may enter
897 into compliance agreements using the process in s. 163.3184(16).
898 Any remedial amendment adopted pursuant to a settlement
899 agreement shall be provided to the agencies and governments
900 listed in paragraph (4)(a).
901 (7) APPLICABILITY OF ALTERNATIVE REVIEW PILOT PROGRAM IN
902 CERTAIN LOCAL GOVERNMENTS.—Local governments and specific areas
903 that are have been designated for alternate review process
904 pursuant to ss. 163.3246 and 163.3184(17) and (18) are not
905 subject to this section.
906 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—The state land
907 planning agency may adopt procedural Agencies shall not
908 promulgate rules to administer implement this section pilot
909 program.
910 (9) REPORT.—The Office of Program Policy Analysis and
911 Government Accountability shall submit to the Governor, the
912 President of the Senate, and the Speaker of the House of
913 Representatives by December 1, 2008, a report and
914 recommendations for implementing a statewide program that
915 addresses the legislative findings in subsection (1) in areas
916 that meet urban criteria. The Office of Program Policy Analysis
917 and Government Accountability in consultation with the state
918 land planning agency shall develop the report and
919 recommendations with input from other state and regional
920 agencies, local governments, and interest groups. Additionally,
921 the office shall review local and state actions and
922 correspondence relating to the pilot program to identify issues
923 of process and substance in recommending changes to the pilot
924 program. At a minimum, the report and recommendations shall
925 include the following:
926 (a) Identification of local governments beyond those
927 participating in the pilot program that should be subject to the
928 alternative expedited state review process. The report may
929 recommend that pilot program local governments may no longer be
930 appropriate for such alternative review process.
931 (b) Changes to the alternative expedited state review
932 process for local comprehensive plan amendments identified in
933 the pilot program.
934 (c) Criteria for determining issues of regional or
935 statewide importance that are to be protected in the alternative
936 state review process.
937 (d) In preparing the report and recommendations, the Office
938 of Program Policy Analysis and Government Accountability shall
939 consult with the state land planning agency, the Department of
940 Transportation, the Department of Environmental Protection, and
941 the regional planning agencies in identifying highly developed
942 local governments to participate in the alternative expedited
943 state review process. The Office of Program Policy Analysis and
944 Governmental Accountability shall also solicit citizen input in
945 the potentially affected areas and consult with the affected
946 local governments and stakeholder groups.
947 Section 9. Subsection (29) is added to section 380.06,
948 Florida Statutes, to read:
949 380.06 Developments of regional impact.—
950 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.–
951 (a) The following are exempt from this section:
952 1. Any proposed development in a municipality that
953 qualifies as a dense urban land area as defined in s.
954 163.3164(34);
955 2. Any proposed development within a county that qualifies
956 as a dense urban land area as defined in s. 163.3164(34) and
957 that is located within an urban service area defined s.
958 163.3164(29) which has been adopted into the comprehensive plan;
959 or
960 3. Any proposed development within a county, including the
961 municipalities located therein, which has a population of at
962 least 900,000, which qualifies as a dense urban land area under
963 s. 163.3164(34), but which does not have an urban service area
964 designated in the comprehensive plan.
965 (b) If a municipality that does not qualify as a dense
966 urban land area pursuant to s. 163.3164(34) designates any of
967 the following areas in its comprehensive plan, any proposed
968 development within the designated area is exempt from the
969 development-of-regional-impact process:
970 1. Urban infill as defined in s. 163.3164(27);
971 2. Community redevelopment areas as defined in s.
972 163.340(10);
973 3. Downtown revitalization areas as defined in s.
974 163.3164(25);
975 4. Urban infill and redevelopment under s. 163.2517; or
976 5. Urban service areas as defined in s. 163.3164(29) or
977 areas within a designated urban service boundary under s.
978 163.3177(14).
979 (c) If a county that does not qualify as a dense urban land
980 area pursuant to s. 163.3164(34) designates any of the following
981 areas in its comprehensive plan, any proposed development within
982 the designated area is exempt from the development-of-regional
983 impact process:
984 1. Urban infill as defined in s. 163.3164(27);
985 2. Urban infill and redevelopment under s. 163.2517; or
986 3. Urban service areas as defined in s. 163.3164(29).
987 (d) A development that is located partially outside an area
988 that is exempt from the development-of-regional-impact program
989 must undergo development-of-regional-impact review pursuant to
990 this section.
991 (e) In an area that is exempt under paragraphs (a)-(c), any
992 previously approved development-of-regional-impact development
993 orders shall continue to be effective, but the developer has the
994 option to be governed by s. 380.115(1). A pending application
995 for development approval shall be governed by s. 380.115(2). A
996 development that has a pending application for a comprehensive
997 plan amendment and that elects not to continue development-of
998 regional-impact review is exempt from the limitation on plan
999 amendments set forth in s. 163.3187(1) for the year following
1000 the effective date of the exemption.
1001 (f) Local governments must submit by mail a development
1002 order to the state land planning agency for projects that would
1003 be larger than 120 percent of any applicable development-of
1004 regional-impact threshold and would require development-of
1005 regional-impact review but for the exemption from the program
1006 under paragraph (a). For such development orders, the state land
1007 planning agency may appeal the development order pursuant to s.
1008 380.07 for inconsistency with the comprehensive plan adopted
1009 under chapter 163.
1010 (g) If a local government that qualifies as a dense urban
1011 land area under this subsection is subsequently found to be
1012 ineligible for designation as a dense urban land area, any
1013 development located within that area which has a complete,
1014 pending application for authorization to commence development
1015 may maintain the exemption if the developer is continuing the
1016 application process in good faith or the development is
1017 approved.
1018 (h) This subsection does not limit or modify the rights of
1019 any person to complete any development that has been authorized
1020 as a development of regional impact pursuant to this chapter.
1021 (i) This subsection does not apply to areas:
1022 1. Within the boundary of any area of critical state
1023 concern designated pursuant to s. 380.05;
1024 2. Within the boundary of the Wekiva Study Area as
1025 described in s. 369.316; or
1026 3. Within 2 miles of the boundary of the Everglades
1027 Protection Area as described in s. 373.4592(2).
1028 Section 10. Paragraph (d) of subsection (3) of section
1029 163.31801, Florida Statutes, is amended to read:
1030 163.31801 Impact fees; short title; intent; definitions;
1031 ordinances levying impact fees.—
1032 (3) An impact fee adopted by ordinance of a county or
1033 municipality or by resolution of a special district must, at
1034 minimum:
1035 (d) Require that notice be provided no less than 90 days
1036 before the effective date of an ordinance or resolution imposing
1037 a new or increased amended impact fee. A county or municipality
1038 is not required to wait 90 days to decrease, suspend, or
1039 eliminate an impact fee.
1040 Section 11. Section 171.091, Florida Statutes, is amended
1041 to read:
1042 171.091 Recording.—Any change in the municipal boundaries
1043 through annexation or contraction shall revise the charter
1044 boundary article and shall be filed as a revision of the charter
1045 with the Department of State within 30 days. A copy of such
1046 revision must be submitted to the Office of Economic and
1047 Demographic Research along with a statement specifying the
1048 population census effect and the affected land area.
1049 Section 12. Section 186.509, Florida Statutes, is amended
1050 to read:
1051 186.509 Dispute resolution process.—Each regional planning
1052 council shall establish by rule a dispute resolution process to
1053 reconcile differences on planning and growth management issues
1054 between local governments, regional agencies, and private
1055 interests. The dispute resolution process shall, within a
1056 reasonable set of timeframes, provide for: voluntary meetings
1057 among the disputing parties; if those meetings fail to resolve
1058 the dispute, initiation of mandatory voluntary mediation or a
1059 similar process; if that process fails, initiation of
1060 arbitration or administrative or judicial action, where
1061 appropriate. The council shall not utilize the dispute
1062 resolution process to address disputes involving environmental
1063 permits or other regulatory matters unless requested to do so by
1064 the parties. The resolution of any issue through the dispute
1065 resolution process shall not alter any person’s right to a
1066 judicial determination of any issue if that person is entitled
1067 to such a determination under statutory or common law.
1068 Section 13. The Legislature finds that this act fulfills an
1069 important state interest.
1070 Section 14. This act shall take effect upon becoming a law.
1071
1072 ================= T I T L E A M E N D M E N T ================
1073 And the title is amended as follows:
1074 Delete everything before the enacting clause
1075 and insert:
1076 A bill to be entitled
1077 An act relating to growth management; providing a
1078 short title; amending s. 163.3164, F.S.; revising
1079 definitions; providing a definition for the term
1080 “dense urban land area”; amending s. 163.3177, F.S.;
1081 extending dates relating to requirements for adopting
1082 amendments to the capital improvements element of a
1083 local comprehensive plan; deleting a penalty for local
1084 governments that fail to adopt a public school
1085 facilities element and interlocal agreement;
1086 authorizing the state land planning agency to issue a
1087 notice to a school board or local government to show
1088 cause for not imposing sanctions; requiring that the
1089 state land planning agency submit its findings to the
1090 Administration Commission within the Executive Office
1091 of the Governor if the agency finds insufficient cause
1092 to impose sanctions; authorizing the Administration
1093 Commission to impose certain sanctions; amending s.
1094 163.3180, F.S.; revising concurrency requirements;
1095 providing legislative findings relating to
1096 transportation concurrency exception areas; providing
1097 for the applicability of transportation concurrency
1098 exception areas; deleting certain requirements for
1099 transportation concurrency exception areas; providing
1100 that the designation of a transportation concurrency
1101 exception area does not limit a local government’s
1102 home rule power to adopt ordinances or impose fees and
1103 does not affect any contract or agreement entered into
1104 or development order rendered before such designation;
1105 requiring the Office of Program Policy Analysis and
1106 Government Accountability to submit a report to the
1107 Legislature concerning the effects of the
1108 transportation concurrency exception areas; providing
1109 for an exemption from level-of-service standards for
1110 proposed development related to qualified job-creation
1111 projects; amending s. 163.3184, F.S.; clarifying the
1112 definition of the term “in compliance”; conforming
1113 cross-references; amending s. 163.3187, F.S.;
1114 exempting certain additional comprehensive plan
1115 amendments from the twice-per-year limitation;
1116 limiting the adoption of certain amendments to the
1117 text of a plan to once per calendar year; amending s.
1118 163.3246, F.S.; conforming a cross-reference; amending
1119 s. 163.32465, F.S.; revising provisions relating to
1120 the state review of comprehensive plans; providing for
1121 additional types of amendments to which the alternate
1122 state review applies; requiring that agencies submit
1123 comments within a specified period after the state
1124 land planning agency notifies the local government
1125 that the plan amendment package is complete; requiring
1126 that the local government adopt a plan amendment
1127 within a specified period after comments are received;
1128 requiring that the state land planning agency adopt
1129 rules; deleting provisions relating to reporting
1130 requirements for the Office of Program Policy Analysis
1131 and Government Accountability; amending s. 380.06,
1132 F.S.; providing exemptions for dense urban land areas
1133 from the development-of-regional-impact program;
1134 providing exceptions; amending s. 163.31801, F.S.;
1135 revising provisions relating to impact fees; providing
1136 that notice is not required if an impact fee is
1137 decreased, suspended, or eliminated; amending s.
1138 171.091, F.S.; requiring that a municipality submit a
1139 copy of any revision to the charter boundary article
1140 which results from an annexation or contraction to the
1141 Office of Economic and Demographic Research within the
1142 Legislature; amending s. 186.509, F.S.; revising
1143 provisions relating to a dispute resolution process to
1144 reconcile differences on planning and growth
1145 management issues between certain parties of interest;
1146 providing for mandatory mediation; providing that the
1147 act fulfills an important state interest; providing an
1148 effective date.