Amendment
Bill No. CS/CS/SB 360

Amendment No. 839199

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

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